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Zoning By-Law
Town of Pelham
Office Consolidation, October 1, 2026
ZBA Address
By-law No.
Date Passed
1 Pancake Lane
4456(2022)
May 16, 2022*
Tanner Extension
4492(2022)
October 3, 2022
Tanner Extension
4492(2022)
October 3, 2022
Tanner Extension
4492(2022)
October 3, 2022
147 Port Robinson Road
4490(2022)
October 3, 2022
1145 Pelham Street
04(2023)
January 9, 2023
1114 Haist Street
07-2023
January 30, 2023*
125 Port Robinson Road
18-2023
February 21, 2023
125 Port Robinson Road
18-2023
February 21, 2023
125 Port Robinson Road
18-2023
February 21, 2023
125 Port Robinson Road
18-2023
February 21, 2023*
1112 Haist Street
45-2023
July 26, 2023 (map only)
550 Webber Road
53-2023
September 20, 2023
1039 Church Street
55-2023
September 20, 2023
1039 Church Street
55-2023
September 20, 2023
56 Philmori Boulevard
63-2023
November 15, 2023
305 Canboro Road
65-2023
November 8, 2023
61 Port Robinson Road
09-2024
February 21, 2024
1389 Effingham Street
15-2024
March 6, 2024
Housekeeping
13-2024
March 6, 2024
Park Place West Subdivision
27-2024
May 1, 2024
Park Place West Subdivision
27-2024
May 1, 2024
Cannabis
47-2024
July 10, 2024
Canboro Estates
52-2024
August 14, 2024
Canboro Estates
52-2024
August 14, 2024
Maplewood Estates
73-2024
November 6, 2024
Forest Park Subdivision
79-2024
November 20, 2024
1415 Station St
15-2025
March 26, 2025
286 Canboro Road
25-2025
May 7, 2025
Summersides Village Extension
02-2025
July 2, 2025
Housekeeping 2025
01-2026
January 14, 2026
Additional Residential Units (ARUs)
19-2026
April 8, 2026
920 Killman Road
24-2026
April 23, 2026
*These by-laws were passed as amendments to zoning by-law 1136(1987) but were not
included in the approved 2022 plan as they were approved while by-law 4481(2022) was
under appeal. The approved by-law amendments were incorporated into the 2022 by-law
following OLT approval in March 2023.
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TOWN OF PELHAM Zoning By-Law
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Table of Contents
PREAMBLE .............................................................................................................................................................................. 9
i.
Introduction ............................................................................................................................................................ 9
ii.
Purpose of the By-law ............................................................................................................................................ 9
iii. Authority to Prepare the By-law ............................................................................................................................ 9
iv. Structure of the By-law .......................................................................................................................................... 9
v.
Use of the Holding "H" Symbol ............................................................................................................................ 11
vi. Minor Variances ................................................................................................................................................... 11
vii. Non-Conformity and Non-Compliance ................................................................................................................ 11
viii. Confirming with the Town ................................................................................................................................... 12
ix. Relationship to Other By-laws, Regulations and Legislation .............................................................................. 12
SECTION 1: INTERPRETATION AND ADMINISTRATION ....................................................................................................... 14
1.1
INTRODUCTION ................................................................................................................................................... 14
1.2
TITLE AND SCOPE ................................................................................................................................................. 17
1.3
APPLICATION ....................................................................................................................................................... 17
1.4
ZONES AND SYMBOLS ......................................................................................................................................... 17
1.5
ZONE BOUNDARIES ............................................................................................................................................. 18
1.6
MANDATORY WORDING ..................................................................................................................................... 19
1.7
DISCRETIONARY WORDING ................................................................................................................................. 19
1.8
EXAMPLES AND ILLUSTRATIONS ......................................................................................................................... 19
1.9
SEVERABILITY ....................................................................................................................................................... 19
1.10
LITIGATION........................................................................................................................................................... 19
1.11
OCCUPANCY INSPECTION/FINAL INSPECTION REPORT ..................................................................................... 19
1.12
NEED FOR COMPLIANCE WITH OTHER LAWS ..................................................................................................... 20
1.13
VIOLATIONS AND PENALTIES .............................................................................................................................. 20
1.14
REPEALS OF PREVIOUS BY-LAWS ........................................................................................................................ 20
1.15
TECHNICAL REVISIONS TO THE ZONING BY-LAW ............................................................................................... 20
1.16
TRANSITIONAL PROVISIONS ............................................................................................................................... 21
SECTION 2: DEFINITIONS ...................................................................................................................................................... 23
SECTION 3: GENERAL PROVISIONS ...................................................................................................................................... 49
3.1
ACCESSORY USES, BUILDINGS AND STRUCTURES .............................................................................................. 49
3.2
AGRICULTURAL USES ........................................................................................................................................... 49
3.2.1
Agriculture-Related Uses ............................................................................................................................ 49
3.2.2
On-Farm Diversified Uses ............................................................................................................................. 50
3.3
BED AND BREAKFAST ESTABLISHMENTS ............................................................................................................ 52
3.4
BUILDING RESTORATION ..................................................................................................................................... 53
3.5
DAYLIGHTING TRIANGLES ................................................................................................................................... 53
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3.6
DRIVE-THRU FACILITIES ....................................................................................................................................... 53
3.7
ENCROACHMENTS ............................................................................................................................................... 53
3.8
ESTABLISHED BUILDING LINE .............................................................................................................................. 55
3.9
FOOD TRUCKS ...................................................................................................................................................... 55
3.10
GARAGE SALES OR AUCTIONS ............................................................................................................................. 56
3.11
ADDITIONAL NEEDS HOUSING ............................................................................................................................ 56
3.12
HEIGHT EXCEPTIONS ............................................................................................................................................ 56
3.13
HOME-BASED BUSINESS ...................................................................................................................................... 57
3.13.1
Home Occupations ........................................................................................................................................ 57
3.13.2
Home Industries ............................................................................................................................................ 58
3.14
HOLDING ZONES (H SYMBOL) ............................................................................................................................. 59
3.15
LANDSCAPED STRIPS ........................................................................................................................................... 59
3.16
LOT AND YARD REQUIREMENTS ......................................................................................................................... 59
3.16.1
Requirements for a Lot ................................................................................................................................. 59
3.16.2
Frontage on an Improved Road .................................................................................................................... 60
3.16.3
Minimum Lot Area ........................................................................................................................................ 60
3.16.4
Lots Reduced by Public Acquisitions ............................................................................................................ 60
3.16.5 Lots with More than One Use ....................................................................................................................... 61
3.16.6 Lots with More than One Zone ..................................................................................................................... 61
3.17
MINIMUM DISTANCE SEPARATION REQUIREMENTS......................................................................................... 62
3.18
MUNICIPAL SERVICES .......................................................................................................................................... 62
3.19
NIAGARA ESCARPMENT COMMISSION JURISDICTION ...................................................................................... 62
3.20
NON-CONFORMING USES ................................................................................................................................... 63
3.21
OBNOXIOUS USES ................................................................................................................................................ 63
3.22
OUTSIDE STORAGE .............................................................................................................................................. 63
3.23
PRE-FABRICATED SHIPPING CONTAINERS .......................................................................................................... 64
3.24
PRIVATE HOME DAYCARE ................................................................................................................................... 64
3.25
PROHIBITED USES ................................................................................................................................................ 64
3.26
PUBLIC USES ......................................................................................................................................................... 65
3.27
RAILWAY AND PIPELINE RIGHT-OF-WAY SETBACKS .......................................................................................... 65
3.28
RECONSTRUCTION OF BUILDINGS AND STRUCTURES ........................................................................................ 66
3.28.1
RECONSTRUCTION, REPLACEMENT OR EXTENSION OF LEGAL NON- COMPLYING BUILDINGS AND
STRUCTURES ................................................................................................................................................................. 66
3.28.2
Agricultural Buildings and Structures ........................................................................................................... 66
3.28.3
Replacement of Other Buildings ................................................................................................................... 67
3.28.4
Replacement of Residential Buildings .......................................................................................................... 67
3.29
Additional Residential Units (ARUs) ................................................................................................................... 68
3.29.1
Settlement Area ............................................................................................................................................ 68
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3.29.2
Agricultural Area (Agriculture and Rural Residential Zones) ....................................................................... 69
3.29.3
Specialty Agricultural Zone (Greenbelt Plan Area) ..................................................................................... 70
3.30
SHORT-TERM ACCOMMODATIONS .................................................................................................................... 71
3.31
SPECIAL EXCEPTIONS ........................................................................................................................................... 71
3.32
SPECIAL SETBACKS ............................................................................................................................................... 71
3.32.1
Setback from Environmental Protection One Zone & Environmental Protection Two Zone ..................... 72
3.32.2
Setback from Environmental Protection Three Zone .................................................................................. 72
3.32.3
Setbacks from Slopes .................................................................................................................................... 72
3.32.4
Greenbelt Natural Heritage System ............................................................................................................. 73
3.32.5
Airport Influence Area .................................................................................................................................. 73
3.33
STORAGE OF RECREATIONAL VEHICLES, TRAILERS AND BOATS ......................................................................... 73
3.34
SWIMMING POOLS .............................................................................................................................................. 74
3.35
TEMPORARY USES ............................................................................................................................................... 74
3.36
SPECIAL EVENTS ................................................................................................................................................... 75
SECTION 4:
PARKING AND LOADING REQUIREMENTS ............................................................................................... 76
4.1
PARKING SPACE REQUIREMENTS ....................................................................................................................... 76
4.1.1
Minimum Parking Requirements ................................................................................................................. 76
4.1.2
Calculation of Required Parking Spaces ...................................................................................................... 77
4.1.3
Barrier-Free Parking Spaces ......................................................................................................................... 77
4.1.4
Parking Area and Driveway Requirements ................................................................................................. 79
4.2
LOADING SPACE REQUIREMENTS ....................................................................................................................... 82
4.2.1
Minimum Loading Space Requirements ...................................................................................................... 82
4.2.2
Loading Space Requirements ....................................................................................................................... 82
4.3
BICYCLE PARKING REQUIREMENTS ..................................................................................................................... 83
4.3.1
Minimum Bicycle Parking Requirements .................................................................................................... 83
4.3.2
Bicycle Space and Parking Area Requirements ........................................................................................... 83
4.3.3
Bicycle Parking Space Dimensions ............................................................................................................... 84
SECTION 5: RURAL/AGRICULTURAL ZONES ......................................................................................................................... 85
5.1
AGRICULTURAL ZONE .......................................................................................................................................... 87
5.1.1
Permitted Uses ............................................................................................................................................. 87
5.1.2
Zone Requirements for Agricultural Use ..................................................................................................... 88
5.1.3
Zone Requirements for a Single Detached Dwelling on an Existing Vacant Lot of Record ........................ 88
5.1.3.1 Zone Requirements for a Seasonal or Permanent Farm Help House .......................................................... 89
5.1.4
Zone Requirements for Buildings and Structures Accessory to a Single Detached Dwelling on an Existing
Vacant Lot of Record .................................................................................................................................................... 89
5.1.5
Zone Requirements for a Farm Winery, Brewery, Distillery ....................................................................... 89
5.1.6
Zone Requirements for a Commercial Greenhouse .................................................................................... 90
5.1.7
Zone Requirements for a Hoop House ........................................................................................................ 90
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TOWN OF PELHAM Zoning By-Law
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5.1.8
Zone Requirements for a Kennel ................................................................................................................. 90
5.1.9
Zone Requirements for an Agriculture-Related Use and On-Farm Diversified Use ................................ 91
5.1.10
Zone Requirements for a Bed and Breakfast ............................................................................................... 91
5.1.11
Zone Requirements for a Home Industry and Home Occupation ............................................................... 91
5.1.12
Zone Requirements for Additional Residential Units (ARUs) ...................................................................... 91
5.1.13
Zone Requirements for Short-Term Accommodation ................................................................................. 91
5.1.A AGRICULTURAL ZONE - CANNABIS ...................................................................................................................... 92
5.1.A.1 Permitted Uses .............................................................................................................................................. 92
5.1.A.2 Zone Requirements for Permitted Uses ....................................................................................................... 92
5.2
SPECIALTY AGRICULTURAL ZONE ........................................................................................................................ 95
5.2.1
Permitted Uses ............................................................................................................................................. 95
5.2.2
Zone Requirements for Specialty Agricultural Uses .................................................................................... 96
5.2.3
Zone Requirements for a Single Detached Dwelling on an Existing Vacant Lot of Record ........................ 96
5.2.3.1 Zone Requirements for a Seasonal or Permanent Farm Help House .......................................................... 97
5.2.4
Zone Requirements for Buildings and Structures Accessory to a Single Detached Dwelling on an Existing
Vacant Lot of Record .................................................................................................................................................... 97
5.2.5
Zone Requirements for a Farm Winery, Brewery, Distillery ....................................................................... 97
5.2.6
Zone Requirements for a Commercial Greenhouse .................................................................................... 98
5.2.7
Zone Requirements for a Hoop House ........................................................................................................ 98
5.2.8
Zone Requirements for a Kennel ................................................................................................................. 99
5.2.9
Zone Requirements for an Agriculture-Related Use and On-Farm Diversified Use ................................ 99
5.2.10
Zone Requirements for a Bed and Breakfast ............................................................................................... 99
5.2.11
Zone Requirements for a Home Industry and Home Occupation ............................................................... 99
5.2.12
Zone Requirements for Additional Residential Units (ARUs) ...................................................................... 99
5.2.13
Zone Requirements for Short-Term Accommodation ................................................................................. 99
5.2.14
Exceptions - Greenbelt Natural Heritage System ........................................................................................ 99
5.2.A SPECIALTY AGRICULTURAL ZONE - CANNABIS .................................................................................................. 101
5.1.A.1 Permitted Uses ............................................................................................................................................ 101
5.1.A.2 Zone Requirements for Permitted Use ....................................................................................................... 101
5.3
RURAL EMPLOYMENT ZONE ............................................................................................................................. 104
5.3.1
Permitted Uses ........................................................................................................................................... 104
5.3.2
Zone Requirements for Rural Employment Uses ...................................................................................... 105
5.3.3
Zone Requirements for a Kennel ............................................................................................................... 105
5.3.4
Zone Requirements for Agriculture-Related Uses .................................................................................... 105
5.3.
RURAL EMPLOYMENT ZONE - CANNABIS ......................................................................................................... 106
5.3.A.1 Permitted Uses ............................................................................................................................................ 106
5.3.A.2 Zone Requirements for Permitted Use ....................................................................................................... 106
5.3.A.3 Additional Zone Requirements for Permitted Uses ................................................................................... 107
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TOWN OF PELHAM Zoning By-Law
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5.4
COMMERCIAL RURAL ZONE .............................................................................................................................. 108
5.4.1
Permitted Uses ........................................................................................................................................... 108
5.4.2
Zone Requirements for Commercial Rural Uses ....................................................................................... 108
5.4.3
Zone Requirements for Short-Term Accommodation .............................................................................. 109
5.5
MINERAL AGGREGATE RESOURCE ZONE .......................................................................................................... 110
5.5.1
Permitted Uses ........................................................................................................................................... 110
5.5.2
Zone Requirements for Mineral Aggregate Resource Uses ...................................................................... 110
5.5.3
Zone Requirements for Agriculture-Related and On-Farm Diversified Use .............................................. 110
SECTION 6: RESIDENTIAL ZONES ........................................................................................................................................ 111
6.1
RESIDENTIAL ONE ZONE .................................................................................................................................... 112
6.1.1
Permitted Uses ........................................................................................................................................... 112
6.1.2
Zone Requirements for a Single Detached Dwelling ................................................................................. 112
6.1.3
Zone Requirements for a Semi-Detached Dwelling .................................................................................. 113
6.1.4
Zone Requirements for a Bed and Breakfast Establishment .................................................................... 113
6.1.5
Zone Requirements for a Home Occupation ............................................................................................. 113
6.1.6
Zone Requirements for Additional Residential Units (ARUs) ................................................................... 113
6.2
RESIDENTIAL TWO ZONE ................................................................................................................................... 114
6.2.1
Permitted Uses ........................................................................................................................................... 114
6.2.2
Zone Requirements for a Single Detached Dwelling ................................................................................. 114
6.2.3
Zone Requirements for a Semi-Detached Dwelling .................................................................................. 115
6.2.4
Zone Requirements for a Duplex Dwelling ................................................................................................ 115
6.2.5
Zone Requirements for a Bed and Breakfast Establishment .................................................................... 115
6.2.6
Zone Requirements for a Home Occupation ............................................................................................. 116
6.2.7
Zone Requirements for Additional Residential Units (ARUs) ................................................................... 116
6.3
RESIDENTIAL THREE ZONE ................................................................................................................................. 117
6.3.1
Permitted Uses ........................................................................................................................................... 117
6.3.2
Zone Requirements for a Semi-Detached Dwelling .................................................................................. 117
6.3.3
Zone Requirements for a Duplex Dwelling ................................................................................................ 118
6.3.4
Zone Requirements for a Triplex Dwelling ................................................................................................ 118
6.3.5
Zone Requirements for a Home Occupation ............................................................................................. 118
6.3.6
Zone Requirements for Additional Residential Units (ARUs) ................................................................... 118
6.4
RESIDENTIAL MULTIPLE ONE ZONE ................................................................................................................... 119
6.4.1
Permitted Uses ........................................................................................................................................... 119
6.4.2
Zone Requirements for Residential Multiple One Uses ............................................................................ 119
6.4.3
Zone Requirements for a Street Townhouse Dwelling ............................................................................. 120
6.4.4
Zone Requirements for a Block Townhouse Dwelling .............................................................................. 120
6.4.5
Zone Requirements for a Home Occupation ............................................................................................. 121
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6.4.6
Zone Requirements for Additional Residential Units (ARUs) ................................................................... 121
6.5
RESIDENTIAL MULTIPLE TWO ZONE.................................................................................................................. 122
6.5.1
Permitted Uses ........................................................................................................................................... 122
6.5.2
Zone Requirements .................................................................................................................................... 122
6.6
RESIDENTIAL DEVELOPMENT ZONE .................................................................................................................. 123
6.6.1
Permitted Uses ........................................................................................................................................... 123
6.6.2
Zone Requirements .................................................................................................................................... 123
6.7
RURAL RESIDENTIAL ZONE ................................................................................................................................ 124
6.7.1
Permitted Uses ........................................................................................................................................... 124
6.7.2
Zone Requirements .................................................................................................................................... 124
6.7.3
Zone Requirements for a Home Occupation ............................................................................................. 124
6.7.4
Zone Requirements for Additional Residential Units (ARUs) ................................................................... 125
SECTION 7: GREENFIELD DEVELOPMENT ZONE ................................................................................................................. 126
7.1
NEW GREENFIELD DEVELOPMENT RESIDENTIAL ONE ZONE............................................................................ 127
7.1.1
Permitted Uses ........................................................................................................................................... 127
7.1.2
Zone Requirements for a Bed and Breakfast Establishment .................................................................... 127
7.1.3
Zone Requirements for Additional Residential Units (ARUs) ................................................................... 127
7.1.4
Zone Requirements Single Detached with Attached Garage.................................................................... 128
7.1.5
Zone Requirements Single Detached with Detached Garage ................................................................... 130
7.1.6
Zone Requirements Semi-Detached with Attached Garage ..................................................................... 132
7.1.7
Zone Requirements Semi-Detached with Rear Lane ................................................................................ 134
7.1.8
Zone Requirements Duplex and Triplex with Rear Lane ........................................................................... 136
7.1.9
Zone Requirements Duplex and Triplex with Attached Garage ............................................................... 138
7.2
NEW GREENFIELD DEVELOPMENT RESIDENTIAL TWO ZONE........................................................................... 139
7.2.1
Permitted Uses ........................................................................................................................................... 139
7.2.2
Zone Requirements for Additional Residential Units (ARUs) ................................................................... 139
7.2.3
Zone Requirements Street Townhouse with Attached Garage ................................................................ 139
7.2.4
Zone Requirements Street Townhouse with Rear Lane ........................................................................... 142
7.3
NEW GREENFIELD DEVELOPMENT RESIDENTIAL THREE ZONE ......................................................................... 144
7.3.1
Permitted Uses ........................................................................................................................................... 144
7.3.2
Zone Requirements for Additional Residential Units (ARUs) ................................................................... 144
7.3.3
Zone Requirements Triplex and Fourplex with Rear Lane ........................................................................ 145
7.3.4
Zone Requirements Duplex and Triplex with Attached Garage ............................................................... 147
7.3.5
Zone Requirements Street Townhouse with Attached Garage ................................................................ 148
7.3.6
Zone Requirements Street Townhouse with Rear Lane ........................................................................... 150
7.3.7
Zone Requirements Block Townhouse and Stacked Townhouse Dwelling .............................................. 152
7.3.8
Zone Requirements Back-to Back Townhouse Dwelling ........................................................................... 154
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TOWN OF PELHAM Zoning By-Law
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7.3.9
Zone Requirements Apartment ................................................................................................................. 155
7.4
NEW GREENFIELD DEVELOPMENT NEIGHBOURHOOD COMMERCIAL ZONE .............................................. 157
7.4.1
Permitted Uses ........................................................................................................................................... 157
7.4.2
Zone Requirements .................................................................................................................................... 157
SECTION 8: COMMERCIAL ZONES ...................................................................................................................................... 159
8.1
VILLAGE COMMERCIAL ZONE ............................................................................................................................ 161
8.1.1
Permitted Uses ........................................................................................................................................... 161
8.1.2
Zone Requirements for Additional Residential Units (ARUs) within an Existing Single Detached Dwelling
162
8.1.3
Zone Requirements for Short-Term Accommodation .............................................................................. 162
8.1.4
Zone Requirements for Apartment Dwellings .......................................................................................... 162
8.1.5
Zone Requirements .................................................................................................................................... 162
8.2
MAIN STREET ZONE ........................................................................................................................................... 164
8.2.1
Permitted Uses ........................................................................................................................................... 164
8.2.2
Zone Requirements for Additional Residential Units (ARUs) within an Existing Single Detached Dwelling
165
8.2.3
Zone Requirements for Short-Term Accommodation .............................................................................. 165
8.2.4
Zone Requirements .................................................................................................................................... 165
8.3
TOWN SQUARE ZONE ........................................................................................................................................ 167
8.3.1
Permitted Uses ........................................................................................................................................... 167
8.3.2
Zone Requirements for Short-Term Accommodation .............................................................................. 167
8.3.3
Zone Requirements .................................................................................................................................... 168
8.4
DOWNTOWN CORRIDOR ZONE ........................................................................................................................ 170
8.4.1
Permitted Uses ........................................................................................................................................... 170
8.4.2
Zone Requirements for Short-Term Accommodation .............................................................................. 171
8.4.3
Zone Requirements for Apartment Dwellings .......................................................................................... 171
8.4.4
Zone Requirements .................................................................................................................................... 171
8.5
NEIGHBOURHOOD COMMERCIAL ZONE ........................................................................................................... 173
8.5.1
Permitted Uses ........................................................................................................................................... 173
8.5.2
Zone Requirements for Short Term Accommodation ............................................................................... 173
8.5.3
Zone Requirements .................................................................................................................................... 173
SECTION 9: OTHER ZONES .................................................................................................................................................. 175
9.1
OPEN SPACE ....................................................................................................................................................... 176
9.1.1
Permitted Uses ........................................................................................................................................... 176
9.1.2
Zone Requirements for Open Space Uses ................................................................................................. 176
9.2
INSTITUTIONAL ZONE ........................................................................................................................................ 177
9.2.1
Permitted Uses ........................................................................................................................................... 177
9.2.2
Zone Requirements for Institutional Uses ................................................................................................ 177
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9.2.3
Zone Requirements for Apartment Dwelling ............................................................................................ 177
9.3
AIRPORT ZONE ................................................................................................................................................... 179
9.3.1
Permitted Uses ........................................................................................................................................... 179
9.3.2
Zone Requirements .................................................................................................................................... 179
9.4
ENVIRONMENTAL PROTECTION ONE ZONE ..................................................................................................... 180
9.4.1
Permitted Uses ........................................................................................................................................... 180
9.4.2
Zone Requirements for Environmental Protection One Uses .................................................................. 180
9.5
ENVIRONMENTAL PROTECTION TWO ZONE .................................................................................................... 181
9.5.1
Permitted Uses ........................................................................................................................................... 181
9.5.2
Zone Requirements for Environmental Protection Two Uses .................................................................. 181
9.5.3
Zone Requirements for an On-Farm Diversified Use ................................................................................ 181
9.5.4
Zone Requirements for a Bed and Breakfast Establishment .................................................................... 181
9.5.5
Zone Requirements for an Agricultural Use .............................................................................................. 181
9.6
ENVIRONMENTAL PROTECTION THREE ZONE .................................................................................................. 182
9.6.1
Permitted Uses ........................................................................................................................................... 182
9.6.2
Zone Requirements for Environmental Protection Three Zone ............................................................... 182
9.6.3
Zone Requirements for an Agricultural Use .............................................................................................. 182
SECTION 10: EXCEPTIONS ................................................................................................................................................... 183
SECTION 11: REPEAL AND ENACTMENT............................................................................................................................ 276
11.1
By-laws Repealed .............................................................................................................................................. 276
SECTION 12: EFFECTIVE DATE ............................................................................................................................................ 277
12.1
Effective Date .................................................................................................................................................... 277
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TOWN OF PELHAM Zoning By-Law
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PREAMBLE
i.
Introduction
The preamble is intended to assist the reader in understanding and interpreting the
Zoning By-law for the Town of Pelham and is provided for convenience purposes only. It
does not form part of the Zoning By-law.
ii.
Purpose of the By-law
The Zoning By-law regulates the use of land, buildings and structures in the Town of
Pelham. The by-law implements and conforms to the policies of the Town of Pelham
Official Plan.
iii.
Authority to Prepare the By-law
The Zoning By-law is prepared in accordance with Section 34 of the Planning Act,
R.S.O., 1990, c.P.13, as amended. Generally speaking, the Planning Act allows the
Council of the Town of Pelham to pass zoning by-laws to restrict the use of land, and to
regulate the size, location and character of buildings and structures within the Town.
iv.
Structure of the By-law
The Zoning By-law consists of the following sections:
Section 1: Interpretation and Administration
Section 1 describes how the Zoning By-law is to be interpreted, and how the By-law is to
be administered by the Town of Pelham.
Section 2: Definitions
Section 2 provides specific definitions for commonly used terms in the By-law, many of
the permitted uses, and other technical terms used in the Zoning By-law. These
definitions ensure that the Zoning By-law is being interpreted and applied consistently.
Where a word is not specifically defined, it is intended that the common, general
definition of the term within Webster's Dictionary is applicable. Certain definitions are
also supported by illustrations to help clarify, the illustrations do not form part of the
Zoning By-law but are intended to assist in understanding the meaning of a definition.
Section 3: General Provisions
Section 3 provides general provisions which may be applicable to all zones, one or more
categories or zones, or to specific uses, and additional requirements for specific
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TOWN OF PELHAM Zoning By-Law
10
situations. The reader should identify all general provisions that are applicable to their
situation.
Section 4: Parking Requirements
Section 4 provides the minimum parking, loading and bicycle parking requirements for
uses permitted in the Zoning By-law.
Sections 5-9: Zone Categories (Permitted Uses and Zone Regulations)
The Zoning By-law establishes a number of zones which permit certain uses, as well as
requirements for the location and character of buildings and structures. Sections 5 to 9
detail the permitted uses and zone regulations in each zoning category. Each of the
permitted uses is subject to the applicable zone regulations, general provisions (Section
3), parking requirements (Section 4) and zone exceptions (Section 10).
This By-law is exclusionary, which means that if a use is not specifically identified within
a zone, then the use is not permitted.
The zones are organized into categories as follows:
Section 5: Agricultural/Rural Zones
Section 6: Residential Zones
Section 7: Greenfield Development Zones
Section 8: Commercial Zones
Section 9: Other Zones
Section 10: Zone Exceptions
Most lands in the Town of Pelham are zoned by a base zone, which is represented by
symbols such as "A", "R1" etc. However, some lands are also zoned by a site-specific
exception, which is denoted as a base zone symbol followed by a hyphenated numeric
suffix. For example, A-1 is Exception number 1 to the A Zone. All zone Exceptions are
contained in Section 10 of the Zoning By-law.
Schedules A-E: Maps
Schedules A through E identify the zoning for all lands in the Town of Pelham. In
addition, the maps also identify areas which are subject to provisions related to the
Niagara Escarpment Plan. The mapping is subject to change and may be amended from
time to time to reflect amendments to the Zoning By-law as well as mapping changes
due to technical adjustments.
Niagara Escarpment Plan Area
The Regulated Area of the Niagara Escarpment Plan is illustrated on Schedules A and C.
Development within this area may require development permit approval from the
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Niagara Escarpment Commission before a building permit can be issued. The area
identified on Schedules A and C is primarily intended for information purposes only as
the Regulated Area of the Niagara Escarpment Plan may change from time to time. The
reader should consult with the Town of Pelham and the Niagara Escarpment Commission
to confirm whether a development permit will be required prior to any development or
site alteration. Section 3.20 in the General Provisions provides additional information on
the Niagara Escarpment Plan Area.
Interpretation of the Schedules
Section 1.4 describes how the schedules are to be interpreted. The zone boundaries are
not intended to be absolute as they are illustrated. In most cases, the boundaries are
intended to follow lot lines or the boundaries of roads and of natural heritage features.
v.
Use of the Holding "H" Symbol
Certain lands are also subject to holding provisions. Lands subject to holding provisions
are denoted by the symbol (H), added as a suffix to the zone. A holding symbol may be
added to a base zone (i.e. A(H)) or to an exception zone (i.e. A-1(H)).
Where a holding symbol is shown, the general provisions of Section 3.14 apply. Where
a holding symbol is applied to lands, the lands may not be used or developed according
to the requirements of the underlying base zone until such time as the holding symbol is
removed. Lands subject to a holding symbol are typically only permitted to be used for
those uses which legally existed prior to the addition of the holding symbol. The reader
should consult with the Town to confirm the permitted uses and the requirements for
removing the holding symbol.
vi.
Minor Variances
The Committee of Adjustment has the authority to approve minor variances to the
Zoning By-law, which may provide minor relief from specific zoning provisions or similar
use permissions of one or more properties. Minor variances previously granted are not
reflected in the Zoning By-law and are not shown in Section 10: Exceptions. A minor
variance approved by the Town of Pelham Committee of Adjustment granted in relief to
the provisions of the former By-law will remain in effect and a building permit may be
issued by the Chief Building Official up to two-year from the effective date of this By-
law. The reader should contact the Town of Pelham to identify whether there are any
approved minor variances applicable to a property.
vii.
Non-Conformity and Non-Compliance
A use is considered to be legal non-conforming if it was legally established (existing use)
prior to the passing of the Zoning By-law but is no longer permitted by the Zoning By-
law. The Zoning By-law does not prevent the continued legal use, alteration or
expansion of buildings and structures that no longer conform to the permitted uses in
the Zoning By-law.
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Buildings and structures are considered to be legal non-complying if they were
established legally prior to the passing of the Zoning By-law but no longer comply with
the new provisions of the Zoning By-law. The Zoning By-law may have implemented
different lot provisions than were previously required and as such, buildings and
structures that previously complied may no longer comply with the new standards.
Please refer to Section 3.21 and 3.22 of the Zoning By-law for provisions regarding non-
conformity and non-compliance.
viii. Confirming with the Town
It is always a good idea to pre-consult with the Town of Pelham about your construction
project prior to the submission of a complete application. Town Staff will help you to
determine whether your project will comply with the applicable provisions of the Zoning
By-law, or if there are any approved minor variances which are applicable to the
property. For significant developments, consultation with other applicable agencies may
also be required.
ix.
Relationship to Other By-laws, Regulations and Legislation
The Zoning By-law does not supersede or surmount any other legislation, regulations or
municipal by-laws. In fact, depending on your proposal or the use of your property,
other laws may apply. It is the property owners' responsibility to understand what laws
will apply to their land use or their construction project.
The Town administers other by-laws that are related to the Zoning By-law. For example
the Town administers a Clean Yards By-law which sets out provisions for the
maintenance of buildings and yards, ensuring safe, clean and sanitary conditions, along
with enforcement of violations within the Town. These additional by-laws essentially
build on the Zoning By-law's requirements and are to be considered "in addition to" the
Zoning By-law's requirements.
The laws and regulations of the Province, the Federal Government and other agencies
may also apply. Some uses may be subject to Provincial/Federal Licensing or
regulation. It is not the role of the Zoning By-law to integrate with the regulations or
laws of other levels of government however, the Town can help you identify what other
laws and regulations might apply to your project.
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The Corporation of the Town of Pelham
By-law No. 4481(2022)
Being a By-law to regulate the use of land and the character,
location and use of buildings and structures in the Town of Pelham
WHEREAS authority is granted to the Council of the Corporation of the Town of Pelham
under Section 34 of the Planning Act, R.S.O., 1990, c .P. 13, as amended to pass this
By-law;
AND WHEREAS the Council of the Corporation of the Town of Pelham deems it
desirable to regulate the use of land, and the character and location of buildings and
structures for the promotion of public health, safety, general convenience and well-being
of the Town of Pelham;
AND WHEREAS there is an Official Plan in effect in the Town of Pelham;
AND WHEREAS this By-law is deemed to be in conformity with the Town of Pelham
Official Plan;
NOW THEREFORE the Council of the Corporation of the Town of Pelham enacts as
follows:
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SECTION 1: INTERPRETATION AND ADMINISTRATION
1.1
INTRODUCTION
The purpose of this Zoning By-law is to implement the policies of the Town of Pelham's
Official Plan. The Official Plan is a long-range policy document that is not meant to
regulate every aspect of built-form on a private lot. In the Province of Ontario, this is
the role of the Zoning By-law. Once an Official Plan is in effect, a municipality's Zoning
By-law must conform to the Official Plan.
This Zoning By-law will apply to all land within the Town of Pelham with the exception of
land in the Niagara Escarpment Commission Development Permit Control Area. Through
the authority granted in Section 34 of the Planning Act, this By-law aims to prohibit the
use of land and the erection of buildings and structures except for purposes as set out in
this By-law. It will also regulate the type of construction, height, bulk, location, size,
floor area, spacing, character and use of buildings or structure on the lands covered by
this By-law.
It is the objective of this Zoning By-law to create successful, vibrant and livable
communities with an array of residential housing types and commercial mixed uses in a
pedestrian-oriented environment. This Zoning By-law integrates existing zones within
the Town with Greenfield Residential and Commercial Mixed Use Zones, which support a
growing, thriving, and diverse community.
Zones for mixed uses and residential uses are based around the idea of a "Transect-
based Code". This is a method for organizing urban form in a continuum of intensity
from urban to rural, facilitating its categorization within form-based definitions. The
Urban Core is the heart of the community - the downtown - where the greatest
intensity is found. The highest and most dense buildings, and the greatest mix of uses
are located here. The Rural/Agricultural edge surrounds the community and has the
lowest density. In between are a series of graduated transitions, including low density
residential neighbourhoods comprised mostly of single detached houses, medium density
areas comprised of townhouses, small commercial pockets servicing their
neighbourhoods and planned mixed use areas. This theoretical approach to the
"transect" cannot be applied dogmatically to existing communities that have developed
over a long period of time.
In Pelham, while there is a general transition from lower and less dense forms to higher
and more dense forms, it is important to recognize that the community has developed
over a very long period of time, and there are a number of settlements, neighbourhoods
and centres that exhibit different forms and densities. There are important nodes and
corridors that have had their own role within the overall urban structure. The transect
concept does not occur in a straight line from centre to edge, but it is still evident as a
general pattern. The "transect" is a useful tool for organizing the Town's urban structure
and establishing zones that facilitate a continuum of intensity using form-based
standards.
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Conceptual Urban Structure of Pelham
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Prototype Transect
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1.2
TITLE AND SCOPE
This By-law is known as the Zoning By-law of the Town of Pelham (this By-law) and
applies to all lands within the corporate limits of the Town except for that area that is
subject to the Niagara Escarpment Development Permit Control Area.
1.3
APPLICATION
a) No person shall use any land or erect or alter any buildings or structures within a
zone, except in conformity and compliance with the provisions of this By-law.
b) No person, other than a public authority, shall reduce any lot by conveyance or
otherwise so that it does not meet the requirements of this By-law, or if it did not
meet the requirements initially, that it is further from meeting them.
c) No municipal permit, certificate or license may be issued if the permit is required
for a use of land, erection, alteration, enlargement or use of any building or
structure that does not conform or comply with this By-law.
d) Despite any other provisions of this By-law, the Chief Building Official of the Town
may not issue a building permit for the development or redevelopment of any
lands or buildings or structures or any part thereof within the area of the Town
affected by this By-law unless in accordance with the provisions of this By-law and
any By-law of the Town enacted pursuant to Section 41 of the Planning Act.
e) The lack of a survey or mistake or an error or omission by any person required to
comply with the provisions of this By-law does not relieve that person from liability
for failure to comply with the provisions of this By-law.
f) This By-law shall be administered by a person appointed by the Council of the
Town of Pelham as the Zoning Administrator.
1.4
ZONES AND SYMBOLS
a) Schedules A through E attached hereto form part of this By-law.
b) For the purpose of this By-law, the Town has been divided into zones, the
boundaries of which are shown on Schedules A through E.
c) The zone categories are referred to using colour coding, as illustrated in the
legend on Schedules A through E.
d) The zones are referred to by the following names throughout the Zoning By-law:
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Zone
Symbol
Residential Zones
Residential One Zone
R1
Residential Two Zone
R2
Residential Three Zone
R3
Residential Multiple One Zone
RM1
Residential Multiple Two Zone
RM2
Residential Development Zone
RD
Rural Residential Zone
RR
Greenfield Development Zones
Greenfield Development Residential One Zone
GF-R1
Greenfield Development Residential Two Zone
GF-R2
Greenfield Development Residential Three Zone
GF-R3
Greenfield Neighbourhood Commercial Zone
GF-NC
Commercial Zones
Village Commercial Zone
VC
Main Street Zone
MS
Town Square Zone
TS
Downtown Corridor Zone
DC
Neighbourhood Commercial Zone
NC
Rural/Agricultural Zones
Agricultural Zone
A
Agricultural Zone - Cannabis
A-CAN
Specialty Agricultural Zone
SA
Specialty Agricultural Zone - Cannabis
SA-CAN
Rural Employment Zone
RE
Rural Employment Zone - Cannabis
RE-CAN
Commercial Rural Zone
CR
Mineral Aggregate Resource Zone
MAR
Other Zones
Open Space Zone
OS
Institutional
I
Airport Zone
A
Environmental Protection One Zone
EP1
Environmental Protection Two Zone
EP2
Environmental Protection Three Zone
EP3
1.5
ZONE BOUNDARIES
a) The zones and zone boundaries are shown on Schedules A through E that are
attached to and form part of this By-law.
b) Respecting the zone boundaries of the zones, the following applies:
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i.
Each parcel of land within the Town is provided with a zone category, the
boundary of the parcel forms the zone boundary.
ii.
The Environmental Protection One (EP1), Environmental Protection Two
(EP2), Environmental Protection Three (EP3) and Open Space (OS) Zones
boundary generally reflects the natural features and the location of the
boundary may be determined by lot line, road, rail line, or where the zone
does not abut any of the above, by the scale of the map or as confirmed
through an Environmental Impact Study.
c) Where a parcel of land or lot falls into two or more zones, each portion of the
parcel of land or lot shall be used in accordance with the provisions of this By-law
for each of the applicable zones.
1.6
MANDATORY WORDING
The words "must" or "shall" are mandatory.
1.7
DISCRETIONARY WORDING
The word "may" is not mandatory. "May" is used to indicate that some circumstances
may or may not be applicable.
1.8
EXAMPLES AND ILLUSTRATIONS
Examples and illustrations are for the purpose of clarification and convenience, and do
not form part of this By-law.
1.9
SEVERABILITY
Should any section, clause, provision or Schedule of this By-law be held by a court of
competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not
be affected.
1.10
LITIGATION
This By-law does not affect the rights of any person or landowner concerned in any
action, litigation or other proceeding pending on the date of final passage, except to the
extent to be determined in the final adjudication of action, litigation or other
proceedings.
1.11
OCCUPANCY INSPECTION/FINAL INSPECTION REPORT
a) No land may be used or occupied, and no building or structure which has been
erected or altered may be used or changed in use, in whole or in part, until an
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occupancy inspection report has been successfully completed and approved by the
Town.
b) No occupancy inspection report, final inspection report, building permit and/or
approval of an application for any municipal license shall be issued where the
proposed use, building or structure is contrary to the provisions of this By-law.
1.12
NEED FOR COMPLIANCE WITH OTHER LAWS
Nothing in this By-law shall exempt any person from complying with the requirements of
any other legislation or by-law in force or from obtaining any license, permission, permit
authority or approval required by this By-law, any other by-law or any other legislation.
Where Conservation Authority Regulation of Development, Interference with Wetlands
and Alterations to Shorelines and Watercourses (O. Reg. 172/06 and 179/06), are in
force and effect, a permit from the Conservation Authority having jurisdiction shall be
obtained pursuant to the provisions of the Conservation Authorities Act prior to the
following:
a) The construction, reconstruction or erection of a building or the placing of fill;
b) Changes that would alter the use, or potential use, size or dwelling units of a
building or structure; and
c) Works within or around a wetland or watercourse.
Lands that are regulated include floodplains, erosion hazards, wetlands, watercourses,
hazardous soils and shorelines.
1.13
VIOLATIONS AND PENALTIES
Any person who contravenes this By-law is guilty of an offence, and each day a breach
of this By-law continues constitutes a separate offence. Upon conviction for an offence,
the person convicted is liable to the discontinuation of land use and/or fines as provided
for under the Planning Act.
1.14
REPEALS OF PREVIOUS BY-LAWS
All previous Zoning By-laws, and all amendments thereto, are hereby repealed except to
give effect to the transitional provisions in Section 1.16 of this By-law or to give effect to
the exceptions of this By-law.
1.15
TECHNICAL REVISIONS TO THE ZONING BY-LAW
Provided that the purpose and effect of this By-law is unaffected, the following technical
revisions to this By-law shall be permitted without a Zoning By-law Amendment:
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a) Correction to grammatical, mathematical, boundary or other such errors, including
minor technical revisions to the mapping consistent with the intent of this By-law
and the Town's Official Plan;
b) Changes to the numbering of sections, the numbering contained in the cross-
referencing of sections, and the format and arrangement of the text, tables,
schedules and maps, and the numbering of pages;
c) Corrections or revisions to the technical information contained on schedules, such
as the title blocks, legend and updated parcel fabric;
d) Changes to the illustrations or the Preamble, which are not considered to form part
of this By-law;
e) Changes resulting from the removal of a Holding (H) Symbol; and
f) Changes to the Environmental Feature mapping resulting from the submission of
an approved Environmental Impact Study, which has been approved by the
appropriate authority.
1.16
TRANSITIONAL PROVISIONS
1.16.1
Building Permit Applications
Nothing in this By-law shall prevent the erection of a use of a building or structure for
which an application for a building permit was filed on or prior to the date of passage of
this By-law, if the application complies, or the building permit application is amended to
comply, with the provisions of the former By-law 1136 (1987) as it read on the date of
passage of this By-law. For the purposes of this section, an application for a building
permit means the application for a building permit which satisfies the requirements set
out in the Building Code Act, as amended.
1.16.2
Minor Variance
Where the Committee of Adjustment of the Town or the Ontario Land Tribunal has
authorized a minor variance, in respect of any land, building or structure and the
decision of the Committee of Adjustment of the Town or the Ontario Land Tribunal
authorizing such a minor variance has become final and binding prior to the enactment
of this By-law, the provisions of this By-law, as they apply to such land, building or
structure shall be deemed to be modified to the extent necessary to give effect to such
minor variance.
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1.16.3
Consent
a) Where:
i.
An application is made for consent to convey land under Section 50 of the
Planning Act, prior to enactment of this By-law; and
ii.
That consent is granted and that land is conveyed before the consent lapses;
and
iii.
That consent results in the creation of one or more lots which do not comply
with the lot frontage or lot area requirements of this By-law;
Then, each such lot created is deemed to comply with the lot frontage and lot area
requirements of this By-law provided that the lot created complies with the lot
frontage and lot area requirements of the applicable zoning prior to the date of
adoption of this By-law.
b) Where:
i.
An application for consent has been approved and a long form certificate has
been issued by the Town in accordance with Section 53(42) of the Planning
Act; and
ii.
The conveyance has not occurred prior to the date of adoption of this Zoning
By-law;
Said lot shall be deemed to comply with the lot frontage and lot area of the zone
in which the lot is located; provided such lot complied with the lot frontage and lot
area requirements of the applicable zoning prior to the date of adoption of this By-
law.
1.16.4
Site Plan
Where a Site Plan Agreement has been entered into prior to the effective date of this By-
law, and the timeframes specified in the Agreement have not yet lapsed, the provisions
of this By-law, as they apply to such land, building or structure, shall be deemed to be
modified to the extent necessary to give effect to such Site Plan Agreement.
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SECTION 2: DEFINITIONS
ABANDONED means the failure, in the opinion of the Chief Building Official, to proceed
expeditiously with construction work or to undertake construction work during any
continuous 1-year period.
ABUTTING means two or more lots sharing a common boundary of at least one point,
or a lot sharing a common boundary with a public road.
ACCESSORY USE means a use customarily incidental, subordinate and exclusively
devoted to a principal use and located on the same lot as the principal use.
ACCESSORY BUILDING OR STRUCTURE means a detached building or structure used
to house an accessory use and includes a private garage and second dwelling unit.
ADDITIONAL NEEDS HOUSING means any housing, including dedicated facilities, in
whole or in part, that is used by people who have specific needs beyond economic
needs, including but not limited to, needs such as mobility requirements, or support
functions required for daily living.
Examples of additional needs housing may include, but are not limited to, long-term
care homes, adaptable and accessible housing, housing for persons with disabilities,
such as physical, sensory, or mental health disabilities, and housing for older persons.
(PPS, 2024)
ADDITION OR EXTENSION TO AN EXISTING BUILDING OR STRUCTURE means
any expansion or increase in size of a building or structure.
ADDITIONAL RESIDENTIAL UNIT (ARU) means a self-contained dwelling unit which
consists of kitchen and bathroom facilities and is intended to be used for residential
purposes, secondary or subordinate to a primary dwelling unit.
ADULT ENTERTAINMENT PARLOUR means any premises or part thereof in or on
which is provided in pursuance of a trade, calling, business or occupation, body-rub
business, goods or services appealing to or designed to appeal to erotic or sexual
appetites or inclinations and as further defined in the Municipal Act.
AGGREGATE means gravel, sand, clay, earth, shale, stone, limestone, dolostone,
sandstone, marble, granite, rock or other prescribed material under the Aggregate
Resources Act. For the purposes of this definition, earth does not include topsoil and
peat.
AGRI-TOURISM USES means those farm-related tourism uses, including limited
accommodation such as a bed and breakfast, that promote the enjoyment, education, or
activities related to the farm operation (PPS, 2024)
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AGRICULTURAL PRODUCE STAND means a building or structure or portion thereof
where only locally grown produce is retailed to the general public with a maximum
footprint of 25 m2.
AGRICULTURAL USES means the growing of crops, including nursery, biomass, and
horticulture crops; raising of livestock; raising of other animals for food, fur or fibre,
including poultry and fish,; aquaculture; apiaries; agro-forestry; maple syrup
production; and associated on-farm building and structures including, but not limited to,
livestock facilities, manure storage, value-retaining facilities, and housing for farm
workers, whin the size and nature of the operation requires additional employment.
(PPS, 2024)
AGRICULTURAL-RELATED USE means those farm-related commercial and farm-
related industrial uses that are directly related to farm operations in the area, support
agriculture, benefit from being in close proximity to farm operations, and provide direct
products and/or services to farm operations as a primary activity.
AIRPORT means an area of land used for the landing, storing and taking off of aircraft
and their passengers and/or freight and may include, as accessory uses, ticket offices,
parcel shipping facilities, and offices that support the airport.
ALTER when used in reference to a building or structure or portion thereof, means any
alteration in a bearing wall or partition column, beam, girder or other supporting
member of a building or structure, or any increase in the area or cubic contents of a
building or structure. When used in reference to a lot, alter means to decrease the
width, depth or area of a lot or to decrease the width, depth or area of any required
yard, setback, landscaped open space are or parking area or to change the location of a
boundary of such lot with respect to a public highway or laneway, whether such
alteration is made by conveyance or alienation of any portion of said lot, or otherwise.
The words "altered" and "alteration" shall have a corresponding meaning.
AMENITY AREA means open space areas, balconies or recreation facilities, or other
similar facilities in a residential or mixed-use development, which provide recreational
space for the residents of a development.
ANGULAR PLANE means a flat surface extending from a lot line and projecting over a
lot, at a specified angle measured up from the horizontal, through which no part of a
structure on the lot may penetrate.
ASSEMBLY HALL means a building or part of a building in which facilities are provided
for meetings of a civic, educational, political, religious, social or recreational nature and
includes banquet facilities.
ATTACHED means a building adjoined by a roof or which shares a common wall with an
adjacent building(s).
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AUDITORIUM means a building or structure where facilities are provided for athletic,
civic, educational, recreational, political, religious or social events, including, but not so
as to limit the generality of the foregoing, an arena, a community centre, a bowling
alley, a recreation centre, an assembly hall, a gymnasium, a stadium, a cinema, a
theatre or a playhouse.
BAKERY means an establishment where food products for which flour, grains, meal or
sugar are the principal ingredients are produced, mixed, compounded, baked or
otherwise prepared and where the prepared food products are offered for retail sale on
the same premises.
BALCONY means a platform that projects from the wall of a building and is accessible
from inside such building by means of a door or window.
BANK means an institution where money is deposited, kept, lent and exchanged and
shall include Trust Companies, Credit Unions, and other like financial institutions.
BASEMENT means that portion of a building between two floor levels which is partly
underground, but which has more than one-half of its height below grade, from finished
floor to finished ceiling.
BED AND BREAKFAST ESTABLISHMENT means a part of a dwelling unit in which not
more than 3 bedrooms are used or maintained for the accommodation of the travelling
public, in which the owner and operator of the dwelling unit supplies lodgings with or
without meals and which is owner-occupied, but does not include a hotel or motel.
BERM means a mound of earth which may include landscaping features, formed to
provide visual and/or acoustical separation.
BUILDING means any structure, used for the shelter of persons, animals, goods or
equipment and having a roof which is supported by columns or walls and as defined by
the Ontario Building Code Act.
BUILDING HEIGHT or HEIGHT means, in the case of the building or structure on the
lot, the vertical distance between the average finished grade along the front elevation
and:
a)
The mid-point of the eaves and the peak of a gable, hip, gambrel or
mansard roof;
b)
The highest point of a flat roof; and
c)
The highest point of the roof surface for any other type of roof.
BUILDING SUPPLY AND SERVICE means a building, structure or lands where the
principal function is the selling of a variety of building supplies, including lumber, siding,
plumbing, electrical, air conditioning and heating equipment and similar commodities.
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CAMPGROUND means a place where people are temporarily accommodated in tents,
whether or not washing and toilet facilities are provided in permanent buildings, and
shall include a trailer camp, and where the operation is limited to between April 1st and
November 15th.
CANNABIS-RELATED USE - INDOOR means those activities authorized in accordance
with the Federal Cannabis Regulation SOR-2018-1448 as amended that are carried out
within an enclosed building or structure.
CANNABIS-RELATED USE - OUTDOOR means those activities authorized in
accordance with Federal Cannabis Regulation SOR-2018-144 as amended that only
involve the growing and harvesting of cannabis outdoors.
CAR WASH means a building or structure containing facilities specifically used or
intended to be used for washing vehicles either by production line methods employing
mechanical devices or by hand.
CARPORT means a building or structure, at least forty per cent (40%) of the area of the
perimeter walls of which are open and unobstructed by any wall, door, post or pier,
a)
Which is used for the temporary parking or storage of private passenger
motor vehicles or commercial vehicles of less than one (1) tonne maximum
capacity; and
b)
Wherein neither servicing nor repairing is carried on for profit.
CEMETERY means land that is set apart or used as a place for the interment of the
dead and shall not include a crematorium, but may include a mausoleum.
CHIEF BUILDING OFFICIAL means the person appointed by Council as the Chief
Building Official charged with the duty of enforcing and administering the provisions of
the Building Code Act, as amended, or any successor thereto, together with any
regulations thereunder.
CLINIC means a building or part thereof used by health care professionals, their staff
and their patients for the purpose of consultation, diagnosis or treatment.
COMMERCIAL SELF STORAGE means premises used for the temporary storage of
household items and secured storage areas or lockers which are generally accessible by
means of individual loading doors for each storage unit or locker.
COMMERCIAL USE means the use of land, buildings or structures for the purpose of
buying and/or selling of commodities and/or the supply of services for remuneration, but
does not include activities associated with industrial uses.
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COMMUNITY CENTRE means a building or structure operated by a public authority that
is used for community activities and other activities such as recreational uses, trade
shows, weddings and banquets.
COMPLY means in keeping with the quantitative requirements of this By-law.
CONCRETE BATCHING OR ASPHALT PLANT means the use of land, buildings or
structures for the purpose of the manufacturing of concrete or asphalt, or products or
objects made therefrom.
CONFORM means a use which is permitted by this By-law in the zone category in which
the use is located.
CONSERVATION USE means the use of land and/or water for the purpose of planned
management of natural resources.
CONTRACTORS' ESTABLISHMENT means the use of land, building or structure, or
parts thereof, by any general contractor or builder where equipment and materials are
stored, or where a contractor and/or tradesman performs shop and assembly work,
and/or offers a trade or service, including, but not limited to landscaping services,
general construction service, cabinetry services, plumbing services, welding services,
and trucking services or other similar services but does not include any other use as
defined by this by-law.
CONSTRUCTION TRADES RETAIL ESTABLISHMENT means the wholesale or retail
sale of construction trade products and includes uses such as building supply yards,
equipment and materials storage and tradesmen's shops and accessory office uses.
CONVENIENCE RETAIL STORE means a small-scale retail store serving the daily or
occasional needs of the residents in the immediate area with a variety of goods such as,
but not limited to, groceries, meats, beverages, dairy products, patent medicines,
sundries, tobacco, stationery, hardware, magazines, and newspapers.
CREMATORIUM means a building fitted with the proper appliances for the purposes of
the cremation of human remains and includes everything incidental or ancillary thereto.
CULTURAL USE means the use of land, building or structure for the purpose of
educational entertainment, art or history, including but not limited to museums,
libraries, art galleries/studios and community centres, and may include ancillary office,
restaurant, retail and service commercial uses.
CUSTOM WORKSHOP means a building or structure or portion thereof used by a trade,
craft or guild for manufacturing small quantities of made-to-measure or made-to-order
clothes or articles and includes upholstering, furniture restoration and refinishing,
custom order manufacturing or articles such as draperies and blinds, but does not
include any manufacturing uses which generate nuisance impacts such as noise, dust or
vibration.
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DAYCARE CENTRE means premises for the temporary care and custody of more than
five people that is operated for reward or compensation for a continuous period not
exceeding twenty-four hours and has a license as required to operate. This use shall
include a daycare for children, seniors or people with special needs.
DAYLIGHTING TRIANGLE means an area free of buildings or structures or other visual
obstructions, and which are to be determined by measuring, from the point of
intersection of street lines on a corner lot, and along each such street line and joining
such points with a straight line, and the triangular-shaped land between the intersecting
street lines and the straight line joining the points the required distance along the street
lines is the "daylighting triangle". Where the two street lines do not intersect at a point,
the point of intersection of the street lines shall be deemed to be the intersection of the
projection of the street lines or the intersection of the tangents to the street lines.
DECK means a ground-oriented structure over 0.6m above any part of the finished
grade of the adjoining exterior wall used as an outdoor living area or amenity space,
which may or may not be attached to a building and does not have any walls or a roof.
DENSITY means the number of dwelling units per hectare on a lot.
DETACHED ANICLLARY STRUCTURE means a building or structure not physically
connected to the primary dwelling unit, located on the same lot, and used for purposes
subordinate and incidental to the primary dwelling unit.
DETACHED GARAGE means a detached ancillary structure on a property that is not
physically connected to the primary dwelling unit, offering flexible space for vehicles,
storage, or workshops, away from living areas, which reduces noise and fume transfer
but requires stepping outside for access.
DRAINAGE DITCH AND IRRIGATION CHANNEL means those channels or means of
conveying the passage of water that the Town, Niagara Peninsula Conservation Authority
and Ministry of Natural Resources agree have physical characteristics that are man-
made or have been altered to the point that they no longer perform the functions of a
natural watercourse.
DRIVE-THRU SERVICE FACILITY means a use which includes a facility where
business may be conducted, including the sale of goods, food or other articles directly
with individuals who remain in their vehicles.
DRIVEWAY means a defined area providing access for motor vehicles from a public or
private street or a lane to facilities such as a parking area, parking lot, loading space,
private garage, building or structure, but does not include a parking aisle.
DWELLING means a building used for human habitation as a residence, with or without
attached garage or carport, but shall not include a motor home, vehicle, trailer, hotel,
motel, bed and breakfast, or dwelling unit accessory to a non-residential use.
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DWELLING, APARTMENT means a building containing five or more dwelling units,
which have a common entrance from the street level and where the occupants have the
right in common to use halls, elevators, stairs, yards and accessory buildings.
DWELLING, BACK-TO-BACK TOWNHOUSE means a townhouse dwelling that contains
dwelling units divided vertically from each other by common side walls and common rear
walls.
DWELLING, BLOCK TOWNHOUSE means a group of no more than eight dwelling units
located on the same lot, where the lot has direct access onto and frontage along a public
street, but the individual units may not have legal frontage on a public street.
DWELLING, CONVERTED means a dwelling originally designed as a single detached
dwelling that has been altered to accommodate additional dwelling units, but not more
than 4 dwelling units.
DWELLING, DUPLEX means a building containing two dwelling units, on one lot, but
does not include a semi-detached dwelling.
DWELLING, FARM means a dwelling that provides full-time accommodation for the
owner or operator of an agricultural use.
DWELLING, FOURPLEX means a building containing four dwelling units.
DWELLING, LIVE-WORK means a dwelling unit that includes working space accessible
from the living area, regularly used by one or more of the residents of the dwelling unit,
but does not include a home-based business.
DWELLING, LODGING HOUSE means a building or any portion of a building in which
lodgers, in exchange for periodic payments to a Licensee, are provided with
accommodation in private rooms and with access to common areas, and are not
provided with sanitary facilities or food preparation facilities for the exclusive use of
individual lodgers, and in which lodgers may or may not be provided with meals, but
does not include a hotel, tourist establishment or short-term rental unit, a hospital or
any provincially-regulated long-term care home, retirement home, nursing home, group
home or similar facility.
DWELLING, MOBILE HOME means a dwelling unit that is designed to be made mobile
and to be transported, after it has been constructed or manufactured, to a mobile home
site to provide a permanent residence and which is suitable for occupancy as a dwelling
unit at the time it is placed on the mobile home site except for minor and incidental
unpacking and assembly operations, placement on a mobile home site and connection to
utilities.
DWELLING, PRINCIPAL means a dwelling unit owned or rented by a person, alone or
jointly with another person, which is their principal place of residency.
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DWELLING, SEMI-DETACHED means a building divided vertically into two dwelling
units by a common wall extending from the base of the foundation to the roof. The
attachment along the common wall may include a dwelling unit wall and/or garage wall.
Each unit may be located on a separate lot.
DWELLING, SINGLE DETACHED means a building containing one dwelling unit, but
does not include a mobile home dwelling.
DWELLING, STACKED TOWNHOUSE means a building containing three or more
dwelling units, with each dwelling unit separated from the other both horizontally and
vertically, that may have a private independent entrance from a yard or a shared
entrance from a common corridor, vestibule or landing.
DWELLING, STREET TOWNHOUSE means a group of no more than 8 townhouse
dwelling units which have direct access and frontage along a public street. Each
dwelling unit may be located on a separate lot.
DWELLING, TRIPLEX means a building that is divided horizontally into three dwelling
units, each of which has an independent entrance either directly or through a common
vestibule.
DWELLING UNIT means a group of rooms in a building used or designed or intended to
be used as a single, independent and separate housekeeping unit:
a)
In which a food preparation area and sanitary facilities are provided for the
exclusive use of such housekeeping unit; and
b)
Which has a private entrance from outside the building or from a common
hallway or stairway inside the building, but does not include a tent, cabin,
trailer, motor home, mobile home, or in a hotel, motel, or bed and breakfast
establishment.
EASEMENT means an instrument that is registered on title which provides for the use of
land subject to the easement for sewer, water, drainage or utility purposes and which
may include a right-of-way.
ENVIRONMENTAL IMPACT STUDY means a science-based study of ecological features
and functions and impacts to those features and functions resulting from development
and/or site alteration, prepared in accordance with the Region of Niagara's
environmental impact study guidelines.
ERECT means, with reference to a building or structure, to build, alter, construct,
reconstruct, relocate or enlarge and without limiting the generality of the foregoing, also
includes:
a)
Any physical operation such as excavating, filling, grading or drainage works
preparatory to building, construction, reconstruction; or
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b)
Altering any existing building or structure by an addition, deletion,
enlargement or other structural change; or
c)
The moving of a building or structure from one location to another; or
d)
Any work for which a building permit is required.
"Erected" and "Erection" shall have a corresponding meaning.
EXISTING means legally existing as of the date of passing of this By-law.
FARM means land used for agricultural uses and includes a farm dwelling and accessory
buildings, which may include accommodation for full or seasonal farm workers.
FARM HELP HOUSE, PERMANENT OR SEASONAL, means a building located on the
same lot and accessory to an agricultural use and which is provided and maintained by
the owners of the lot for the accommodation of persons employed full-time in agriculture
by the owner of the lot.
FARM PRODUCE OUTLET means a building or portion thereof wherein the retail sale of
the following products are offered for sale to the general public:
a)
Locally grown produce (a minimum of 70 percent of the retail floor area);
b)
Imported Produce;
c)
Bakery items and processed fruit prepared on the premises, grocery, deli
and dairy products and locally made crafts (a maximum of 50 square metres
retail floor area); and
d)
Locally grown greenhouse and nursery products.
FARM SUPPLY AND SERVICE ESTABLISHMENT means a building or structure or
portion thereof, such as a farm co-op, used for the retail sale and rental for farm use, of
minor equipment and implements and parts thereof and tools, hardware and clothing
and includes a farm implement sales and service establishment.
FARM WINERY means an on-farm diversified agricultural use that utilizes fruit grown
on the farm to produce and market wine in accordance with Provincial law and
regulation. A Farm Winery may also include a distillery, cidery or microbrewery.
FENCE includes a hedge, free-standing wall, structure or partition constructed of any
material or combination of materials, enclosing, partly enclosing or dividing lot
boundaries or being used for decorative purposes.
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FINISHED GRADE means the average elevation of the finished surface of the ground at
the base of the outside walls of a building or structure. For a sloping lot, the grade shall
be calculated as the average of the finished ground level at all corners of the building or
structure.
FIRST FLOOR GLAZING means the amount of glazing (transparent windows and
doors) expressed as a percentage of the surface area of a building's first floor façade
facing publicly accessible streets, walkways or open space.
FIRST FLOOR HEIGHT means the vertical height from the finished first floor elevation
of the interior of the building to the ceiling of the first floor.
FLOOR AREA means the area of the floor surface of a storey or part thereof.
FLOOR AREA, DWELLING UNIT means the aggregate of the floor areas of all
habitable rooms in a dwelling unit, excluding the thickness of any exterior walls.
FLOOR AREA, GROSS means the aggregate of the floor areas of all storeys of a
building or structure other than a private garage, an attic, a basement or a cellar not
used for commercial purposes.
FLOOR AREA, GROUND means the floor area of the first storey of a building.
FLOOR AREA, LEASABLE means the aggregate area of all floors in a building measured
from the centre line of the joint interior partitions and from the exteriors of outside walls
and used or capable of being used for commercial purposes such as sales, display,
storage and offices. Leasable floor area shall not include floor space used in common,
such as:
a)
Parking Areas;
b)
Mechanical room, boiler room, maintenance room, or electrical or utility
room;
c)
Common hallways or stairways;
d)
Elevators and associated equipment;
e)
Washrooms;
f)
Foyers, lobbies but not waiting areas/rooms; and
g)
A storey having a height of 1.8m or less.
FLOOR AREA, NET means the aggregate of the floor areas of a building above or below
established grade, but excluding car parking areas within the building, stairways,
elevator shafts, service or mechanical rooms and penthouses, washrooms, garbage or
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recycling rooms, staff locker and lunch rooms, loading areas any space with a floor to
ceiling height of less than 1.8 metres and any part of a basement that is unfinished, is
used solely for storage purposes and is not accessible to the public.
FOOD TRUCK means any motorized vehicle, trailer, cart, or other portable unit that is
designed, equipped or used for the preparation, sale or distribution of food or beverages
for immediate consumption. The term includes, but is not limited to:
a)
Mobile food trucks - self-contained, motorized units equipped for food
preparation and sales;
b)
Concession trailers - towable units without independent motive power; and
c)
Mobile food carts/kiosks - non-motorized, movable units.
A food truck does not include a fixed building or other permanent structure used as a
restaurant, café, or other fixed food service establishment.
FORESTRY USE means the general raising and harvesting of wood and, without limiting
the generality of the foregoing, includes the raising and cutting of fuel wood, pulp wood,
lumber, Christmas trees and other forest products.
FUEL STORAGE TANK means a tank used or intended to be used for the bulk storage
of combustible or inflammable liquids or gases, including, but not so as to limit the
generality of the foregoing, petroleum or petroleum products.
FUNERAL HOME means a premises used for providing funeral supplies and services to
the public, including facilities intended for the preparation of the human body for
internment.
GARAGE, PRIVATE means an accessory building or portion of a dwelling designed for
the parking of private vehicles and is not used for repairing/servicing vehicles for gain or
profit and includes a partially enclosed carport.
GARAGE DOOR WIDTH means the width of the garage door opening(s), which is used
for vehicular access. Where there is more than one opening, the garage door width shall
be the distance between the two outer extremities of the garage door opening(s),
excluding any intervening columns, doors, windows or wall sections which might
separate two or more garage door openings.
GARDEN SUITE means a small, independent temporary building, physically separate
from the principal dwelling unit with which it is associated, which may be used as a
dwelling unit, or for activities accessory to those permitted in the principal dwelling unit.
GOLF COURSE means an area operated for the purpose of playing golf, and includes
such accessory uses as a restaurant, a retail store that sells golf equipment and
accessories, a dwelling unit for an owner/caretaker and other buildings or structures
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devoted to the maintenance and operation of the golf course and may include, as
accessory uses, a golf driving range and a miniature golf facility.
GOLF DRIVING RANGE means an indoor or outdoor public or private facility dedicated
to the driving of golf balls from fixed golf tees.
GREENHOUSE, COMMERCIAL means the use of a building or structure for the growing
of such items as flowers, bushes, shrubs, trees, plants, fruits, vegetables and other
types of nursery stock. Such use may include the wholesale or retail sale of greenhouse
products customarily, incidental, subordinate and exclusively devoted to the principal
use, located on the same lot therein. A retail use accessory to a greenhouse shall have
a maximum retail floor area of 200 square metres.
GROSS FLOOR AREA (ARU) means the total area of the floor in a primary dwelling
unit measured to the inside of all exterior walls or the centre of common walls, excluding
any unfinished basement, garage, carport and/or unenclosed porch.
For a detached ancillary structure or detached garage used for an ARU purpose, gross
floor area refers to the total area of all floors, measured to the inside of all exterior
walls.
GUEST ROOM means a habitable room or suite of habitable rooms wherein
accommodation, with or without meals, is provided for gain or profit to one or more
persons, and which contains no facilities for cooking.
GYMNASIUM/FITNESS CENTRE means a building designed and intended to
accommodate various forms of indoor sports and recreation and may include an arena,
tennis, squash, handball and badminton courts and roller rinks.
HABITABLE ROOM means any room of a residential building or an institutional
building, used or capable of being used by one or more persons for living, eating or
sleeping, or as a kitchen serving a dwelling unit; but does not include a bathroom,
water-closet compartment, laundry, serving or storage pantry, corridor or other space
not for use frequently or during extended periods.
HOME INDUSTRY means a small-scale operation of an industrial nature conducted
entirely within a building or part of an accessory building to a single detached dwelling,
such as a welding shop, machine shop or large animal vet clinic, but does not include
the repairing, storage or recycling of motor vehicles, recreational vehicles or heavy
equipment.
HOME OCCUPATION means a business or professional activity conducted as a
secondary use to the residential use within any dwelling unit which is the primary
residence of the person or persons conducting the business or professional activity.
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HOOP HOUSE means a temporary, ground-placed structure without a permanent
foundation that is located on farmland, used for the seasonal protection of plants and
plant material, and contains no space intended for residential occupancy.
For the purposes of this By-law, a hoop house shall not be included in the calculation of
maximum coverage.
HOTEL means any establishment so defined in The Hotel Registration of Guests Act, as
amended from time to time, and includes a motel or motor hotel.
INDIVIDUAL ON-SITE SEWAGE SERVICES means sewage systems, as defined in
O.Reg. 332/12 under the Building Code Act, 1992, that are owned, operated and
managed by the owner of the property upon which the system is located. (PPS, 2024)
INDIVIDUAL ON-SITE WATER SERVICES means individual, autonomous water
supply systems that are owned, operated and managed by the owners of the property
upon which the system is located (PPS, 2024)
INDUSTRIAL HEMP-RELATED USE - INDOOR means those activities authorized in
accordance with the Federal Industrial Hemp Regulation SOR-2018-145 as amended that
are carried out within an enclosed building or structure.
INDUSTRIAL HEMP-RELATED USE - OUTDOOR means those activities authorized in
accordance with the Federal Industrial Hemp Regulation SOR-2018-145 as amended that
only involve the growing and harvesting of hemp outdoors.
INDUSTRIAL USE means the use of land, building or structures for the manufacturing,
processing, fabricating or assembly of raw materials or goods, warehousing or bulk
storage of goods and related accessory and ancillary uses.
INSTITUTIONAL USE means the use of land, buildings or structures for social,
educational, childcare, health or religion purposes.
KENNEL means the use of lands, buildings or structures where small domestic animals
or household pets are: boarded for hire or gain; kept for the purpose of breeding;
and/or kept for the purpose of training.
LANDMARK SITE means a site which is conspicuous, and which has the potential to be
easily seen and/or recognized from a distance, acting as an identifier or wayfinding tool
for a community being located at the terminus of a street, on public spaces or located on
a corner. Development on landmark sites is generally expected to be iconic and raise
the profile of the location.
LANDSCAPED AREA OR LANDSCAPED STRIP means a permeable area not built upon
and not used for any purpose other than as a landscaped area which may include grass,
shrubs, flowers, trees and similar types of vegetation and decorative paths, decorative
walkways, fences and similar appurtenances, but does not include parking areas,
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driveways, service walkways or ramps. The words "landscaping" and "landscaped" shall
have the same meaning.
LANDSCAPED OPEN SPACE means the percentage of a lot used as a landscaped area
or strip.
LANE means a public or private right-of-way which provides a means of access to
abutting lots and which is not intended for general traffic circulation.
LIVESTOCK means farm animals and/or fowl raised, housed or kept for propagation or
use for commercial purposes, including action or intended profit or gain and without
limiting the generality of the foregoing, includes: dairy and beef cattle, horses, swine,
sheep, laying hens, chickens and turkey broilers, turkeys, goats, geese, mink and
rabbits but does not include animals kept as pets or animals raised, housed or kept for
recreational or hobby purposes.
LOADING SPACE means an area of land, exclusive of aisles or driveways and
accessible to a street or lane which is provided and maintained upon the same lot or lots
upon which the principal use is located and which is used for the temporary parking of
one or more commercial vehicles while merchandise or materials are being loaded or
unloaded from such vehicle, and such parking is not to be used for the purpose of
offering commodities for sale or display.
LONG-TERM BICYCLE PARKING SPACE means an indoor space to park and secure a
bicycle in an enclosed, secured area with controlled access where a bicycle is intended to
be parked for long periods of time and can include a storage locker.
LONG-TERM CARE HOME means a long-term care home as defined in the Long-Term
Care Homes Act, 2007, as amended.
LOT means a parcel or contiguous parcels of land designated and registered at the
Registry Office as one parcel of land in one ownership.
LOT AREA means the total horizontal area within the lot lines of a lot, excluding any
area covered by water or marsh or between the rim of the banks of a river or
watercourse. In the case of a corner lot having street lines rounding at the corner with
a radius of 6 metres or less, the lot area of such lot is to be calculated as if the lot lines
were projected to their point of intersection.
LOT, CORNER means
a)
A lot situated at the intersection of and abutting on two or more streets and
which streets have an angle of intersection of not more than 135 degrees,
regardless of whether or not such streets abut a 0.3 metre reserve;
b)
A lot abutting a curve of a street, the adjacent sides of which curve contain
an angle facing the lot of not more than 135 degrees, and such angle shall
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be formed by their tangents drawn from the points where the side lot lines
meet the street line but does not include a lot abutting the bulb of a cul-de-
sac or a turning circle, regardless of whether or not such streets have a 0.3
metre reserve.
LOT COVERAGE means the percentage of the lot covered by all buildings and
structures, excluding balconies, canopies and overhanging eaves which are two (2)
metres or more in height above the finished grade. For the purposes of this definition, a
deck attached to a building greater than 0.6m above grade and a covered porch shall be
considered in the calculation of lot coverage. Patios and in-ground pools shall not be
included within the lot coverage calculation.
LOT DEPTH means:
a)
The shortest horizontal distance between the rear lot line and the front lot
line of a lot, where such lot lines are parallel;
b)
The horizontal distance between the mid-point of the rear lot line and the
mid-point of the front lot line of a lot, where such lot lines are not parallel;
or
c)
The horizontal distance between the mid-point of the front lot line and the
point of intersection of the side lot lines of a lot where there is no rear lot
line.
LOT FRONTAGE means the horizontal distance between the side lot lines of a lot
measured along the front lot line.
a)
Where the front lot line is not a straight line, or where the side lot lines are
not parallel, the lot frontage is determined from the lot centre line to a point
6.0m back from the front lot line, measured horizontally at 90 degrees from
the lot centre line between the side lot lines.
b)
In the case of a corner lot with a daylighting triangle or a rounded corner,
the lot frontage is determined from the lot centre line to back from the front
lot line measured horizontally between the side lot lines.
LOT, INTERIOR means a lot other than a corner lot or a through lot.
LOT LINE means any boundary of a lot.
LOT LINE, CORNER means a side lot line that is also a street line, regardless of
whether the street has a 0.3m reserve.
LOT LINE, FRONT means
a) The lot line that divides the lot from the street;
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b) In the case of a corner lot, the shorter street line shall be deemed to be the front
lot line and the longer street line shall be deemed to be an exterior side lot line;
c) In the case of a corner lot with two street lines of equal length, the lot line that
abuts the wider street, or abuts a Regional Road or a Provincial Highway shall be
deemed to be the front lot line; and in the case of both streets being under the
same jurisdiction, or the same width, the front lot line shall be deemed to be the
lot line with the principal entrance; and
d) In the case of a through lot, the longer boundary dividing the lot from the street
shall be deemed to be the front lot line and the opposite shorter boundary shall be
deemed to be the rear lot line. In case each of such lot lines should be equal
length the Town may designate either street line as the front lot line or the front
lot line shall be deemed to be the lot line with the principal entrance.
LOT LINE, REAR means the lot line or lines opposite a front lot line.
LOT LINE, SIDE means a lot line other than a front lot line or a rear lot line.
LOT, THROUGH means a lot other than an interior lot or a corner lot which has frontage
on two streets.
MANUFACTURING, ASSEMBLY, PROCESSING AND FABRICATION means activities
of an industrial nature undertaken entirely within enclosed buildings designed to
assemble, create, repair, restore, finish or package goods, articles or things, but shall
not include any handling or recycling of hazardous waste material.
MAUSOLEUM means a building or structure serving as a final repository for the dead.
MICRO-BREWERY means a building used for the making of beer on a small scale, and
may include tasting and restaurant facilities and the retail sale of related items.
MINERAL AGGREGATE RESOURCE OPERATION means:
a)
Lands under license or permit, other than for a wayside pit or quarry, issued
in accordance with the Aggregate Resources Act, or successors thereto; and
b)
Associated facilities used in the extraction, transport, beneficiation,
processing or recycling of mineral aggregate resources and derived products
such as asphalt and concrete or the production of secondary related
products.
Mineral aggregate resources are gravel, sand, clay, earth, shale, stone, limestone,
dolostone, sandstone, marble, granite, rock or other material prescribed under the
Aggregate Resources Act suitable for construction, industrial, manufacturing and
maintenance purposes but does not include metallic ores, asbestos, graphite, kyanite,
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mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material
prescribed under the Mining Act.
MODULAR HOME means a prefabricated building or structure designed to provide a
permanent dwelling unit for one or more persons and placed on a finished, permanent
foundation, but does not include a mobile home, travel trailer, motor home, or other
trailer.
MOTOR HOME means a self-propelled vehicle capable of being used for temporary
sleeping and/or eating accommodation for one or more persons.
MUNICIPALITY means the Town of Pelham.
MUNICIPAL LAW ENFORCEMENT OFFICER means a person, appointed by Council,
charged with the duty of enforcing this By-law.
MUNICIPAL SERVICES means all publicly owned physical works and facilities
necessary to sustain and service a lot and shall include streets, municipal water
systems, sanitary sewer services, storm sewers and stormwater ponds.
NON-COMPLYING means a use, building or structure existing at the date of the
passing of this By-law is a permitted use under this By-law but which does not comply
with a zone provision or requirement of the zone within which it is located.
NON-CONFORMING means the use or activity in respect of any land, building or
structure which is not within the list of permitted uses set out in this By-law for the zone
in which such land, building or structure is located.
NON-RESIDENTIAL when used in reference to a use, building or structure, means
designed, intended or used for a purpose other than as a dwelling.
NOTWITHSTANDING when used in this By-law means in spite of, or instead of.
OBNOXIOUS USES when used in reference to a use, building or structure, means a use
which from its nature, or from the manner of carrying on the same, creates or is liable
to create, by reason of gas, fumes or dust, objectionable odour, noise or vibration or
unsightly storage of goods, wares, merchandise, salvage, junk, waste, or other material,
a condition which becomes or may become hazardous or injurious in regards to health or
safety or which prejudices the character of the surrounding area or interferes with or
may interfere with the normal enjoyment of any use of land, building or structure.
OFFICE means the use of a building or portion thereof designed, intended or used for
the practice of a profession, the carrying on of a business, the conduct of public
administration or where not conducted on an industrial site, the administration of an
industry, but shall not include a retail use, any industrial use, clinic, financial use or
place of entertainment.
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ON-FARM DIVERSIFIED USES means uses that are secondary to the principal
agricultural use of an active farm operation and are limited in area. On-farm diversified
uses include, but are not limited to, home-based businesses and agri-tourism/value-
added uses. Ground-mounted solar facilities are permitted in prime agricultural areas,
including specialty crop areas, only as on-farm diversified uses.
OPERATING MACHINERY shall mean any apparatus (including air conditioners,
generators, electric motor and compressors) used for mechanical power having one or
more moving parts which are driven by other than muscular power and meeting the
following criteria:
a) Incidental to the main use or accessory use of the property and connected to the
main building by way of brackets, electrical power lines, air ducts or similar
connectors, but excluding portable-type air conditioning units, or generators.
OUTSIDE STORAGE means the placing or locating in the open air and/or in partially
closed buildings or structures of any goods, materials, parts, merchandise or equipment
of any kind but does not include operative vehicles licensed or capable of being licensed
to be operated on a highway at any time, or motorized construction vehicles or
agricultural or parks vehicles or commercial vehicles, boats or recreational vehicles
whether or not operative or capable of being licensed.
OWNER means any person whose interest in a parcel of land is defined and whose
name is specified in an appropriate instrument in the relevant Land Registry Office.
PARCEL OR PARCEL OF LAND means a lot or block within a registered plan of
subdivision, or any land that may be legally conveyed pursuant to the Planning Act.
PARK means an open space area, playground or playing field, which may include
recreational facilities, including buildings for such facilities or support services.
PARK, PUBLIC means a park owned or controlled by a public agency.
PARK, PRIVATE means a park other than a public park.
PARKING AISLE means an area of land which abuts and provides direct vehicular
access to one or more parking spaces within a parking area.
PARKING AREA means an area of land which is provided and maintained for the
parking of vehicles and which area comprises all parking spaces of at least the minimum
number required according to the provisions of this By-law and all aisles and related
ingress and egress lanes and similar areas used for the purpose of gaining access to or
from the said parking spaces and is provided and maintained in accordance with the
provisions of this By-law.
PARKING GARAGE means a building or structure used for the parking of vehicles
including commercial vehicles of less than 1 tonne maximum capacity and may include
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aisles, parking spaces and related ingress and egress lanes, but shall not include a
public street.
PARKING SPACE means an area of land which:
a)
Is provided for the temporary parking or storage of one vehicle or bicycle for
other than the purpose of sale or display; and
b)
Is of a size which is adequate for the temporary parking or storage of one
vehicle or bicycle in accordance with the provisions of this By-law; and
c)
Has adequate access to permit ingress and egress of a vehicle or bicycle
from a street by means of a driveway, aisles, maneuvering areas or similar
areas, no part of which shall be used for the temporary storage of one or
more vehicles or bicycles; and
d)
May be located outside or within a private garage, carport, building or other
covered area as identified in the particular zone.
PATIO, COMMERCIAL means an outside area that is accessory to a restaurant and
where food and/or beverages are prepared and served in conjunction with the
restaurant use.
PATIO, RESIDENTIAL means an outside area made of impermeable material, that is
no higher than 0.6 metres from the ground surface and which is accessory to a dwelling.
PERSON means an individual, individuals, association, firm, partnership, corporation,
trust, incorporated company, organization, trustee or agent, and their heirs, executors
or other legal representative of a person to whom the same can apply according to law.
PLACE OF ENTERTAINMENT means a motion picture or other theatre, arena,
auditorium, public hall, bowling alley, ice or roller skating rink, dance hall or music hall;
but does not include any place of entertainment or amusement otherwise defined or
classified herein.
PLACE OF WORSHIP 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 hall, an 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.
PORCH means a roofed structure abutting the exterior wall of a structure, which is used
to define and provide entry to a dwelling. For the purpose of this definition, a porch
may be comprised of a knee-wall or partial wall to support a roof, but shall remain
unenclosed.
PRE-FABRICATED SHIPPING CONTAINER means a standardized storage structure,
or similar, which is typically used for intermodal freight transport.
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PREMISES means an area of a building occupied or used by a business or enterprise. In
a multiple tenancy building occupied 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 an individual premises.
PRIMARY DWELLING UNIT means the dominant and/or largest dwelling unit on the
lot in which the main residential dwelling use is conducted, which may contain or have
associated with it one or more additional dwelling units.
PRIVATE CLUB means an athletic, recreational or social club which is not operated for
gain or profit and includes the premises of a fraternal organization.
PRIVATE HOME DAYCARE means the accessory use of a dwelling unit for the
temporary care and custody of not more than five children who are under ten years of
age who do not live in the dwelling unit and which is operated for reward or
compensation for a continuous period not exceeding twenty-four hours.
PUBLIC AUTHORITY means any Federal, Provincial, Regional or Municipal Corporation
and includes any commissions, board, authority, agency, ministry or department
established by or for any of them.
PUBLIC SERVICE FACILITIES means land, buildings and structures, including but not
limited to: schools, hospitals and community recreation facilities, for the provision of
programs and services provided or subsidized by a government or other body, such as
social assistance, recreation, police and fire protection, health, childcare and educational
programs, including elementary, secondary, post-secondary, long term care services,
and cultural services.
Public service facilities do not include infrastructure. (PPS, 2024)
PUBLIC USE means designed, adapted or used for civic political, educational, social or
recreational purposes by various levels of government and their commissions, boards,
agencies, ministries or departments.
PUBLIC UTILITY means any utility which supplies water, sanitary sewers, storm
sewers, electricity, gas, steam, telecommunications, cable television, transportation,
drainage, and refuse collection and disposal services to the general public.
RECONSTRUCTION means the act of returning a failing building or structure to a safe
and secure condition but shall not constitute the replacement of the building or
structure.
RECREATIONAL USE means the use of lands, buildings or structures for parks,
playgrounds, tennis courts, lawn bowling greens, indoor and outdoor skating rinks,
athletic fields, golf course, golf driving ranges and miniature golf, picnic areas,
swimming pools, day camps, community centres and other similar uses, together with
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accessory buildings and structures, but does not include a track for the racing of
animals, vehicles, motorcycles or motorized snow vehicles or other vehicles.
REDEVELOPMENT means the removal of buildings or structures from land and the
construction or erection of other buildings or structures thereupon.
REGION OR REGIONAL means or refers to the Corporation of the Regional Municipality
of Niagara.
REGIONAL ROAD means any street or road under the jurisdiction of the Region.
REGULATORY FLOODPLAIN means lands which have the potential to be impacted by
a one-hundred-year flood and are subject to the regulations and authority of the Niagara
Peninsula Conservation Authority.
REPAIR SHOP means a building or part of a building used for the repair of household
articles and shall include the repair or servicing of communication parts and accessories,
electronic devices, television sets, radios, home security systems, satellite systems,
computers, furniture, appliance repair shops and other similar uses, but shall not include
manufacturing, industrial assembly or motor vehicle repair shops.
REPLACEMENT means the act of demolishing and removing a structure for the purpose
of building a new structure in the same location, having the same footprint and floor
area.
REQUIRED means as required by the provisions contained herein.
RESERVE means a strip of land abutting a public street and owned by the authority
having jurisdiction over the public road.
RESIDENTIAL means the use of land, buildings or structures or a portion thereof, for
human habitation.
RESTAURANT means a building or part thereof where food is prepared and offered or
kept for retail sale to the public for immediate consumption either on or off the
premises.
RESTAURANT, DRIVE-THRU RESTAURANT means a restaurant where patrons order
and purchase their food from their vehicles and then drive away to consume the food
elsewhere and may be secondary to an establishment that offers sit-down service on the
premises as well.
RETAIL USE means a building or part thereof in which goods, wares, merchandise,
substances, articles or things are stored, offered or kept for retail sale to the public.
RETAIL FRONTAGE means the horizontal distance of a commercial/retail unit
measured along the building's frontage.
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RETIREMENT HOME means a premises that provides accommodation primarily to
retired persons or couples where each private bedroom or living unit has a separate
bathroom and separate entrance from a common hall and where common facilities for
the preparation and consumption of food are provided and where common lounges,
recreation rooms and medical care facilities may also be provided, but where full
culinary facilities are not provided within a unit. A Retirement Home shall not include an
apartment dwelling.
ROAD means a public highway or public road under the jurisdiction of either the Town,
the Region or the Province of Ontario, and includes any highway as defined by the
Municipal Act, as amended from time to time and does not include a lane or private
right-of-way, unopened or closed road allowances.
ROAD ALLOWANCE means land held under public ownership for the purpose of
providing a road.
ROAD, IMPROVED means any road that is:
a)
Owned and maintained all year round by the Town hereafter;
b)
Has been constructed in such a manner so as to permit its use by normal
vehicular traffic; and
c)
Not a lane or private right-of-way.
ROAD, PRIVATE means a private road or right-of-way that accesses multiple properties
that is not owned or maintained by the Town or any other Public Authority.
SALVAGE YARD means a place where derelict and/or non-functional vehicles are
wrecked and/or disassembled for resale and where second-hand goods or scrap metal
are collected, sorted and stored for commercial purposes.
SCHOOL means a school under the jurisdiction of a Board as defined in the Education
Act, as amended from time to time, 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.
SCHOOL, PUBLIC means a school under the jurisdiction of a public agency.
SCHOOL, PRIVATE means a school, other than a public school, under the jurisdiction of
a private board or trustee or governors, a religious organization, a charitable institution
or operated by one or more persons for gain or profit.
SENSITIVE LAND USE means school, day care, playground, sporting venue, park,
recreational area, residence, place of worship, community centre or any other place
where people regularly gather or sleep.
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SERVICE SHOP means a building or part thereof wherein a personal service is
performed, including, but not so as to limit the generality of the foregoing, a barber
shop, a beauty salon, a shoe repair shop, a dry cleaning outlet, a laundromat, a tailor or
dressmaking shop, a photographic studio and a taxi dispatch office, but does not include
a massage or body-rub parlour or any adult entertainment parlour as defined in the
Municipal Act, as amended from time to time.
SETBACK means the shortest distance from a building/structure to a lot line or an
environmental protection boundary.
SEWER, SANITARY means a system of underground conduits, either publicly or
privately operated, which carries sewage to a place for treatment.
SEWER, STORM means a system of open ditches and/or underground conduits, either
publicly or privately operated, which carries storm water and surface drainage to an
outlet.
SHOPPING CENTRE means one or more buildings or parts thereof containing five or
more separate permitted commercial uses, which are maintained as a single unit and
located on a single lot, such lot being held and maintained under one ownership or
under condominium ownership pursuant to the Condominium Act, as amended from time
to time.
SHORT-TERM ACCOMMODATION means the commercial use of an entire dwelling
unit, which may be rented for a period of up to 28 consecutive days for temporary
accommodation, and used as an occasional or seasonal residential dwelling for
recreation, rest or relaxation. Short-term rental accommodation shall not include a
hotel/motel, bed and breakfast establishment, inn, boarding house, dwelling or similar
commercial or institutional use.
SHORT-TERM BICYCLE PARKING SPACE means a space to park and secure a bicycle
for a few minutes or a few hours.
SIGN means any device, object or thing which directs attention to and which is
designed to convey a message and that is placed for the purpose of advertising goods
and services offered, identifying a business or enterprise or for conveying any other type
of message and, without limiting the generality of the foregoing, this definition includes
but is not limited to, the types of signs defined in the Town of Pelham Sign By-law,
2020, as amended from time to time.
STACKING LANE means a continuous on-site queuing lane that includes tandem
parking spaces for motorized vehicles, separated from other vehicular traffic and
pedestrian circulation by barriers, markings, or signs.
STACKING SPACE means a portion of a stacking lane which provides standing room for
vehicles in a queue for a drive-thru service facility.
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STEP BACK means the horizontal distance by which a building façade above grade is set
back from the façade immediately below it.
STOREY means that portion of a building other than an attic, one-half storey, basement
or cellar, included between the surface of any floor and the surface of the floor, roof
deck or deck ridge next above it.
STOREY, ONE-HALF means that portion of a building situated wholly or in part within
the roof, and in which there is sufficient space to provide a height between finished floor
and finished ceiling of between 1.5 metres and 2.5 metres over a floor area which is not
less than one-third nor more than two-thirds of the floor area of the storey next below.
STREETLINE means a lot line or a lot adjoining a street.
STRUCTURE means anything constructed or erected having a fixed point on or in the
ground or attached to a building or structure having a fixed point on or in the ground.
STUDIO means any premises or part thereof used as a working place for the creation or
instruction of painting, sculpture, pottery, glass, wrought iron, dance, music, acting,
yoga or other similar uses.
SWIMMING POOL means a privately owned body of water located at, below or above
ground level in which the depth of water at any point can exceed 0.6 metres and is
used, or capable of being used for swimming, diving or bathing, but shall not include a
pond or other such body of water, created and used or intended to be used, for
agricultural or industrial purposes.
TANDEM PARKING means two parking spaces, located one behind the other.
TOP OF BANK means the upper edge of the slope of a stream valley or shoreline where
the slope intersects the horizontal plain or flood plain identified and regulated by the
Niagara Peninsula Conservation Authority pursuant to the Conservation Authorities Act.
TOWN means the Corporation of the Town of Pelham.
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 is
capable of being used for the transport of goods, materials, equipment or livestock,
notwithstanding that such vehicle is jacked up or that its running gear is removed.
TRAILER CAMP means a lot, used for the parking of tourist trailers.
TRAILER, TOURIST means a trailer capable of being used for the temporary living,
sleeping or eating accommodation of one or more persons, notwithstanding that the
running gear of such trailer is or may be removed, or that such trailer is fixed on a
finished and permanent foundation or has become in any other manner so adapted and
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affixed to the land upon which it is situated and it is, or has become, an immobile and
permanent structure.
URBAN SQUARE means a moderately scaled park found within a denser urban area,
which may include both hard and soft landscaping, and which provides for
multifunctional and flexible space for social gatherings, festivals and civic functions.
USE means the purpose for which any portion of a lot, building or structure is designed,
arranged, intended, used, occupied or maintained.
VEHICLE means an automobile or vehicle used for carrying passengers or for
transporting goods and may include a farm implement, mobile home, motor home,
tourist trailer, snowmobile or marine craft.
VEHICLE, COMMERCIAL means a vehicle which is designed for the transport of goods
and which is used for business, employment or commercial purposes.
VEHICLE, RECREATIONAL means a boat, all-terrain vehicle, a snowmobile or any
other vehicle having not more than two wheels, including, but not so as to limit the
generality of the foregoing, a motorcycle, bicycle, or any other device powered solely by
means of human effort.
VEHICLE BODY SHOP means a building or portion thereof where the repairing,
straightening, filling, grinding, painting or replacing of body, interior and frame
components of vehicles takes place.
VEHICLE FUEL STATION (GAS BAR) means the use of land, buildings or structures
where automotive fuels and accessories are sold at retail, including electric vehicle
charging stations, and may include a convenience store as an accessory use.
VEHICLE SALES OR RENTAL ESTABLISHMENT means the use of land, buildings or
structures, or a portion thereof, where vehicles are displayed, sold, leased or rented.
Repair or maintenance of such vehicles, including a vehicle body shop, may be included
as an accessory use.
VEHICLE SERVICE AND REPAIR ESTABLISHMENT means a building or portion
thereof, where mechanical repairs and servicing of vehicles occurs, and may include the
incidental retail sale to the general public of automotive parts and accessories and cars
not exceeding six at any one time but shall not include a vehicle body shop.
VETERINARIAN'S CLINIC means a building or part thereof with or without related
structures wherein animals of all kinds are treated or kept for treatment by a registered
veterinarian.
WAREHOUSE means a building or part thereof which is used primarily for the housing,
storage, adapting for sale, packaging or wholesale distribution of goods, wares,
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merchandise, food-stuff, substances, articles or things, and includes the premises of a
warehouseman, but does not include a fuel storage tank except as an accessory use.
WASTE DISPOSAL SITE means a provincially licensed facility where garbage, refuse or
domestic, institutional, commercial or industrial waste is dumped, destroyed or stored in
suitable containers.
WATERCOURSE means an identifiable depression in the ground in which a flow of water
regularly or continuously occurs.
WHOLESALE USE means a building or portion thereof in which goods, wares,
merchandise or articles are stored or kept for distribution purposes to retail merchants,
but shall not include a "Retail Use".
YARD means an area of land which is open, uncovered, unoccupied and is appurtenant
to, and located on the same lot as a building, structure or excavation. In determining
the yard measurements, the minimum horizontal distance from the respective lot lines
to the nearest point of the building shall be used.
a)
Front Yard means a yard extending across the full width of a lot between
the front lot line and the nearest part of any building or structure on such
lot.
b)
Rear Yard means a yard extending across the full width of a lot between
the rear lot line or, where there is no rear lot line, the junction point of the
side lot lines, and the nearest part of any building or structure on such lot.
c)
Side Yard means a yard extending from the front yard to the rear yard
between the side lot lines and the nearest part of any building or structure
on such lot.
d)
Exterior Side Yard means a side yard immediately adjoining a street or
abutting a 0.3m reserve on the opposite side of which a street is located.
YARD, REQUIRED means the minimum yard required by the provisions of this By-law.
ZONE means an area designated on a Zoning Map Schedule and established by this By-
law for a specific use.
ZONING ADMINISTRATOR means the Director of Community Planning and
Development or designate, or other persons, appointed by Council, charged with the
duty of administering this By-law.
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SECTION 3: GENERAL PROVISIONS
The provisions of Section 3 shall apply to all zones, unless otherwise specified in these
provisions.
3.1
ACCESSORY USES, BUILDINGS AND STRUCTURES
Except as provided otherwise within a specific zone, accessory buildings and structures
not attached to the main building shall:
a) Not be established until or unless the main building or use to which it is accessory
is established;
b) Not be used for human habitation, except for Second Dwelling Units that are
subject to Section 3.30;
c) Not be located in any required front yard or the required exterior side yard;
d) Not be located within, or partially within, any utility easement, corridor,
daylighting triangle or storm drainage swale;
e) Have a total lot coverage for all accessory buildings of not more than 10% in any
Residential Zone and not more than 5% in any other Zone and the maximum lot
coverage for all buildings shall not exceed the maximum lot coverage of the zoning
category in which the property is located;
f) Not exceed a building height of 7.0m; and
g) Not be located less than 1.0m from an interior side or rear yard lot line.
3.2
AGRICULTURAL USES
3.2.1
Agriculture-Related Uses
Agriculture-related uses may only be permitted in accordance with the provisions of
Section 5, the Rural/Agricultural Zones and in accordance with the following:
a) The use shall be conducted entirely within a detached accessory building in
conjunction with an operational farm;
b) Only one agriculture-related use is permitted on one lot;
c) Ancillary retail/commercial sales and service activities shall be limited to the lesser
of 50m2 or a maximum of 10% of the gross floor area of the building;
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d) All buildings related to the use shall be located within a cluster of existing
buildings;
e) The use and all associated facilities, including parking areas, shall not exceed a
maximum area of 0.4ha;
f) The maximum combined total floor area of the building utilized for the agriculture-
related use shall be 250m2;
g) The maximum area that may be utilized for open storage shall be 200m2 and no
more than one area of open storage shall be permitted;
h) The area utilised for open storage shall be screened from the view of a public
road;
i) The use shall comply with the applicable noise emission standards of the Ministry
of the Environment and Climate Change and where necessary, acoustic fencing,
berms or other mitigation measures shall be provided to ensure that off-site sound
levels generated by the use meet those standards;
j) There shall be no external advertising other than a sign erected in accordance with
the Town of Pelham Sign By-law;
k) The use shall comply with the parking and loading requirements of Section 4; and
l) Site Plan Control shall apply to any development.
3.2.2
On-Farm Diversified Uses
On-farm diversified uses, including agritourism/value-added uses, may only be
permitted in accordance with the provisions of Section 5, the Rural/Agricultural Zones,
and in accordance with the following:
a) The use shall be accessory and directly related to the existing permitted
agricultural use(s) on the lot and shall primarily serve the existing permitted
agricultural use(s) on the lot and the existing permitted agricultural use(s) on
surrounding lots in the area;
b) On-farm diversified uses that involve value-added packaging, processing, sale
and/or storage of products shall be limited to products produced by, or derived
from, the principal agricultural use(s) on the lot as the primary source of the
majority of the product, and may include products sourced from agricultural uses
on surrounding lots in the area as a secondary source of product;
c) A maximum of three on-farm diversified uses shall be permitted on a lot;
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d) All buildings related to the use shall be located within a cluster of existing
buildings;
e) The area of the lot permanently, temporarily or seasonally devoted to on-farm
diversified uses shall not exceed 2% of the total lot area to a maximum of 1
hectare, including the area of existing and new buildings and structures, required
parking and loading areas, outside display and sales areas, outside storage areas
and any other areas of the lot used for the on-farm diversified use, excluding
existing driveways shared with a permitted principal use on the lot and areas that
produce a harvestable crop;
f) Production lands which are used for the growing of crops and simultaneously used
as part of the activity area shall not be included in the calculation of the 2% noted
in 3.2.2 e);
g) The total gross floor area that is permanently, temporarily or seasonally devoted
to on-farm diversified uses shall not exceed 500m2 including the gross floor areas
used within all main buildings or structures, and accessory buildings or structures
on the lot;
h) Accessory buildings or structures that are used for on-farm diversified use shall
comply with the requirements of Section 3.1;
i) Main buildings or structures that are used for on-farm diversified uses shall comply
with the regulations of the applicable zone;
j) The total lot coverage for all main buildings or structures and accessory buildings
or structures shall not exceed the maximum lot coverage of the applicable zone;
k) Retail sales that form part of the on-farm diversified uses shall be subject to the
following:
i.
The gross floor area devoted to retail sales shall not exceed 50% of the
gross floor area of all buildings and structures used in conjunction with the
on-farm diversified uses, to a maximum of 200m2 of gross floor area for
retail use;
ii.
The gross floor area devoted to retail sale of products that are not produced
on, or derived from, agricultural products produced on the lot shall not
exceed 25% of the gross floor area of all buildings and structures used in
conjunction with the on-farm diversified use(s);
iii.
A maximum of one retail outlet shall be permitted on a lot;
iv.
The maximum area of the lot permitted to be used for outside display and
sales areas shall be 25m2 and shall not be counted as part of the maximum
gross floor area permitted for retail use;
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v.
Outside display and sales areas shall be setback a minimum of 3.0m to all
lot lines; and
vi.
Outside display and sales areas and any related structures shall not exceed a
maximum height of 3.0m.
l) Outside storage for purposes other than outside display and sales areas on the lot
shall be located in a rear yard or side yard and screened from view from public
streets and adjacent lots by planting strips in accordance with Section 3.16, and
shall comply with the regulations of the applicable zone;
m) There shall be no external advertising other than a sign erected in accordance with
the Town of Pelham Sign By-law;
m) Comply with the parking and loading requirements of Section 4; and
n) Site Plan Control shall apply.
3.3
BED AND BREAKFAST ESTABLISHMENTS
Where permitted, a bed and breakfast establishment shall be subject to the
requirements of the zone in which it is located, and it shall:
a) Be permitted only within the principal residence of an Owner and/or operator;
b) Be located in a single detached dwelling only and be clearly secondary to the main
residential use;
c) Not be established or operated in an accessory building;
d) Not contain more than 3 guest rooms;
e) Be licensed through the Town's Short Term Accommodation Licensing By-law,
pursuant to the Municipal Act, 2001;
f) Obtain approval from the Regional Public Health Department and the Town's
Building and Fire Departments;
g) No bed and breakfast establishment located on a separate lot from a livestock
facility, manure storage or anaerobic digester, shall be permitted unless the
dwelling in which it is located complies with the Minimum Distance Separation
(MDS I) formulae and guidelines developed by the province, as amended.
h) Comply with the parking requirements of Section 4.
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3.4
BUILDING RESTORATION
a) Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any existing building or structure, provided that such strengthening or
restoration does not increase the height, area or volume or result in the change of
the use of such building or structure so as to contravene any of the provisions of
this By-law.
b) Nothing in this By-law shall prevent the replacement of a building or structure
which has been partially or completely destroyed by fire, an act of God or any
other means, except within a floodplain, beyond the control of the owner on all or
part of the existing foundation, provided the said building or structure is replaced
within five years of it being partially or completely destroyed.
3.5
DAYLIGHTING TRIANGLES
Within the Daylighting Triangle, no sign, fence, landscaping, building or structure shall
be greater than 0.5 metres in height above the elevation of the ground at the lot line.
There shall be no additional building setbacks offset from a daylight triangle.
Measurements for daylighting triangles shall be in accordance with the Town's
Engineering Standards.
3.6
DRIVE-THRU FACILITIES
a) Notwithstanding any other provisions of this By-law, where a building or structure
incorporates a drive-thru service facility, an area for vehicles waiting to use the
drive-through service facility shall be provided, in addition to any other parking
areas. The stacking lane shall be located a minimum of 7.5m from any
Residential, Institutional or Open Space Zone, and vehicles may be parked in
tandem within the stacking lane; and
b) All drive-thru windows on building facades shall not face any street line.
3.7
ENCROACHMENTS
Every part of any yard required to be provided in any zone shall be open and
unobstructed by any structure from the ground to the sky, in accordance with the
following:
Structure
Yard
No part of any building or
structure shall project into the
specified yard more than:
Eaves or gutters, sills, belt courses,
cornices, chimneys, firewalls, bay
windows, pilasters, window wells, or
other ornamental structures
Any yard
0.5m
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Fences, freestanding walls, flag
poles, garden trellises, retaining
walls, light standards and similar
accessory structures and
appurtenances and hedges, trees
and shrubs
Any Yard
Unrestricted
Exterior stairs in a Residential Zone
Any Yard
No restriction, provided the
stairs are:
a) No longer than 1.5m;
b) No wider than 1.5m; and
c) No closer to a lot line than
0.6m
Balconies, canopies, drop awnings,
unenclosed porches
Front, exterior
or rear yard
3m
Canopy attached to an apartment
dwelling
Front or
exterior side
yard
3m
Clothes poles and antennae
Any yard except a front yard
Decks (uncovered)
Exterior side
yard or rear
yard
4m
Fire Escapes
Exterior side or
rear yard
1.5m, however a minimum
interior side yard setback of
1.2m is required.
Air Conditioners and Generators
Front, side or
exterior side
yard
In a Residential Zone:
a) 2m from the main wall of
the main building in the front
yard; or
b) 0.3m from the exterior or
side lot line
Operating Machinery (excluding air
conditions or generators)
In a residential zone:
a) Be permitted to encroach into any side yard
adjacent to a street or rear yard of any lot used
for residential purposes;
c) Not be located less than 5m from an existing
Residential use under separate ownership; and
d) Be permitted to encroach into any side yard,
provided that the operating equipment shall be
no closer than 5m from any lot line.
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3.8
ESTABLISHED BUILDING LINE
Unless permitted under Section 3.20, Non-Conforming Uses:
a) Where existing development on either side of a middle lot has a legal non-
conforming front yard setback or exterior side yard setback for the zone, the front
yard setback for the main building on the middle lot may be reduced, provided all
parking requirements are met to either:
i)
The average of the yard depth or width, as applicable, of the main
building on each of the other two lots, if both are non-complying, or
3.0 metres whichever is greater; or
ii)
The average of the yards of the main building on the non-complying
lot and the yard depth or width, as applicable, of the applicable zone if
only one adjacent lot is non-complying, or 3.0 metres, whichever is
greater.
b) Where the main building on the lots on either side of the middle lot has a setback
greater than the minimum front yard setback for the zone, the required front yard
setback of the main building on the middle lot shall be the average yards of the
dwellings on the other two lots.
c) Where the existing front yard setback for a main building is less than the required
front yard setback for the zone, an addition to the side of the building within an
interior side yard may be extended into the required front yard to the extent of the
legal non-conforming front yard, provided that the said addition complies with all
other provisions of this By-law.
3.9
FOOD TRUCKS
Food trucks are permitted in all Commercial Zones within the Town, and the following
provisions shall apply:
a) A food truck shall operate in accordance with the regulations for the zone in which
the food truck is located;
b) A food truck shall comply with the regulations of the Town's Licensing By-law;
c) The location of a food truck shall not diminish the minimum number of required
off-street parking spaces for all of the uses situated on the lot and will not occupy
a designated barrier-free parking space;
d) No portion of a food truck shall be located within a fire route, designated in
accordance with the Fire Code of a Town By-law, or within any daylighting
triangle; and
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e) Where required by the laws and regulations of the Province, Region of Niagara and
Town of Pelham, approval shall be obtained from the appropriate Regional Public
Health Department, the Technical Standards and Safety Authority, the Electrical
Safety Authority and the Town of Pelham Fire Department, in order to operate a
food truck within the Town.
Notwithstanding any other provisions of this By-law, mobile food trucks may be
permitted in public parks.
3.10
GARAGE SALES OR AUCTIONS
Notwithstanding any other provision of this By-law, a garage or yard sale or auction is a
permitted use in any agricultural, rural, residential or commercial zone provided that
such sales are restricted to no more than three occasions per year and no more than
three consecutive days at a time on any one lot.
3.11
ADDITIONAL NEEDS HOUSING
a) Additional needs housing refers to supportive and specialized housing options for
individuals with disabilities (developmental, psychiatric, physical), mental health
challenges, or other needs who require assistance to maintain independent living;
b) Additional needs housing may be subject to Provincial approval and/or licensing
may be required;
c) Parking shall be provided in accordance with Section 4.
3.12
HEIGHT EXCEPTIONS
The height provisions of this By-law shall not apply to the following uses, nor shall such
used be used in calculation of height:
a) A belfry;
b) A chimney;
c) A clock tower;
d) An elevator or stairway penthouse;
e) A flag pole;
f) A hydro-electric transmission tower;
g) An ornamental structure;
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h) A communications antenna;
i) A silo;
j) A place of worship spire;
k) A structure containing heating, cooling or other mechanized equipment pertaining
to a building;
l) A tower;
m) A water tower;
n) A windmill; and
o) A parapet.
3.13
HOME-BASED BUSINESS
3.13.1
Home Occupations
Where a home occupation is permitted in a Zone, the following provisions shall apply:
a) Not more than one employee, in addition to the residents of the dwelling unit,
shall be engaged in the business;
b) Any dwelling unit containing a home occupation shall be occupied as a residence
by the operator of the business;
c) The use is entirely restricted to the dwelling unit and shall not be conducted in
whole or in part in any accessory building, yard or private garage, except for
private home daycare;
d) No more than one home occupation shall be permitted in one dwelling;
e) The maximum gross floor area dedicated to the home occupation shall be the
lesser of 50m2 or 25% of the gross floor area of the dwelling, except for a private
home daycare;
f) There shall be no goods, wares or merchandise offered or exposed for sale or kept
for sale on the premises other than those produced on the premises;
g) There shall be no outside storage of materials, goods or vehicles in conjunction
with the home occupation use;
h) Parking shall be provided in accordance with Section 4;
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i) There shall be no external advertising other than a sign erected in accordance with
the Town of Pelham Sign By-law; and
j) A home occupation shall not create noise, vibration, fumes, odour, dust, glare or
radiation that is detectable outside of the dwelling unit.
3.13.2
Home Industries
Where a home industry is permitted in an Agricultural (A) or Specialty Agricultural (SA)
Zone, the following provisions shall apply:
a) Not more than 2 employees, who are not residents of the dwelling unit, shall be
engaged in the business and working in the home industry and one parking space
shall be provided for each employee;
b) Any lot upon which a home industry is located shall be occupied as a residence by
the operator of the business;
c) Any accessory building and any associated activity area used for the home
industry shall be located no closer than 30m from any lot line;
d) A home industry shall only be located on a lot with a minimum lot area of at least
2ha;
e) The maximum gross floor area dedicated to the home industry shall not exceed
100m2;
f) The driveway accessing the home industry shall be shared with the driveway that
is utilized for residential use on the lot;
g) Only the sale of goods that are primarily manufactured, processed, fabricated or
produced on the premises shall be permitted;
h) Outdoor storage of goods or materials related to a home industry shall be
permitted in the rear yard and interior side yards only, provided that the area
utilized for open storage does not exceed 50m2;
i) No more than 2 currently licensed motor vehicles, associated with the home
industry, shall be parked or stored on the lot and within the interior side or rear
yard;
j) Parking shall be provided in accordance with Section 4;
k) There shall be no external advertising other than a sign erected in accordance with
the Town of Pelham Sign By-law;
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l) No more than one home industry shall be permitted per lot; and
m) The following shall not be permitted as a home industry:
i.
Any use involving the storage, repair, maintenance and/or towing of motor
vehicles or recreational vehicles.
3.14
HOLDING ZONES (H SYMBOL)
Holding (H) Zones are established and identified on Schedules A through F of this By-law
in parentheses with a corresponding number, such as (H), following the zone symbol.
a) Prior to the removal of the Holding (H) symbol, the only permitted uses on the
lands subject to the Holding (H) symbol shall be those uses legally existing at the
date the Holding (H) symbol is applied.
b) Where a Holding (H) symbol is imposed on any land, the By-law which places the
Holding (H) symbol on said lands shall set out the conditions to be satisfied to
effect its removal.
3.15
LANDSCAPED STRIPS
a) Where a lot is used for a non-residential purpose and the interior side or rear lot
line, or portion thereof, abuts a Residential Zone, then a strip of land adjoining
such abutting lot, or portion thereof, shall be used for no other purpose than a
landscape strip in accordance with the provisions of Section 3.15.
b) Where land is required to be used for no other purpose than a landscape strip, it
shall have a minimum width of 1.5m, measured perpendicular to the lot line it
adjoins, except in the case of a rear yard swale where a minimum width of 3.0m
shall be required.
c) In all cases where ingress and egress driveways or walkways extend through a
landscape strip, it shall be permissible to interrupt the strip within 3m of the edge
of such driveway or within 1.5m of the edge of such walk.
d) A landscape strip referred to in Section 3.15 may form part of any landscaped area
required by this By-law.
e) Landscape strips shall be planted with trees and bushes to form a visual screen at
least 3.0m in height and may be in combination with privacy fencing.
3.16
LOT AND YARD REQUIREMENTS
3.16.1
Requirements for a Lot
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a) Except as otherwise provided in this By-law, no building or structure shall be
erected, altered, extended or enlarged except upon a lot, nor shall and land be
used for any permitted use unless it comprises a lot, but this provision shall not
prevent the use of any parcel or tract of land for agricultural purposes excluding
the erection or enlargement of any building or structure, except a fence.
b) Except where a second unit or farm help house(s) is permitted, no person shall
erect more than 1 single detached dwelling, 1 semi-detached dwelling, 1 duplex
dwelling, 1 triplex dwelling, 1 fourplex dwelling or 1 converted dwelling on one lot.
3.16.2
Frontage on an Improved Road
No person shall erect any building or structure in any zone after the date of passing of
this By-law, unless the lot upon which such building or structure is to be erected fronts
on an improved public road.
An improved road means a road which has been constructed in such a manner so as to
permit its use by means of normal vehicular traffic by the public.
This shall not apply to prevent the erection of a permitted building or structure on a lot
in a Registered Plan of Subdivision or Plan of Condominium where a Development or
Subdivision Agreement has been entered into with the Town, notwithstanding that the
road or roads will not be assumed by the Town until the end of the maintenance period.
This provision shall not prevent the enlargement, extension, reconstruction or other
structural alteration of an existing building or structure which is located on a lot which
does not have direct access to or fronts an improved public road, provided the use of the
building or structure does not change, is permissible within the zone in which it is
located and complies with all applicable yard and setback requirements of the Zoning
By-law.
3.16.3
Minimum Lot Area
The minimum lot area shall be as contained in the appropriate section of this By-law for
the zone in which the lot is located. However, the Niagara Region Planning and
Development Services Department may require a larger lot area for water supply and
sewage disposal facilities, in which case the lot area requirements of the Niagara Region
Planning and Development Services Department shall prevail.
3.16.4
Lots Reduced by Public Acquisitions
Where the area of a lot is reduced by means of an acquisition of part of the lot by a
public agency for the purpose of providing a public service, and where such acquisition
causes the lot to be reduced, or any building or structure existing lawfully on the lot on
the date of such acquisition to have a lot area, lot frontage, lot depth, lot coverage, front
yard setback, side yard setback or rear yard setback that does not conform to the
requirements hereof for the zone in which such lot is located, then the lot as reduced
shall continue to be used as if no such acquisition had taken place, provided that:
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a) No change is made in the dimensions or area of the lot as reduced, subsequent to
the date of such public acquisition, that would increase the extent of the said non-
conformity; and
b) No building, structure or addition is erected on the lot as reduced, subsequent to
the date of such public acquisition, except in accordance with all of the provisions
hereof for the zone in which such lot is located.
3.16.5
Lots with More than One Use
a) Where a lot contains more than one permitted use defined separately herein, other
than an accessory use, each such use shall conform to the provisions of this By-
law which are applicable to such use in the zone in which the said lot is located as
if such use existed independently of any other use.
b) Where standards or provisions pertaining to two or more uses on one lot are in
conflict, the highest or most restrictive standards or provisions shall prevail.
3.16.6
Lots with More than One Zone
a) Where a lot is divided into two or more zones, each such portion of the said lot
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.
b) Notwithstanding subsection a) and subject to subsection c) for the purpose of
determining required yard setbacks, the provisions of the said zone in which a
building or structure is to be erected shall apply.
c) Where one of the zones of the lot(s) is EP1, the required setback for each of the
respective zones shall be the greater of that determined under subsection a)
above, or as otherwise required by the Niagara Peninsula Conservation Authority,
in accordance with the provisions of the Conservation Authorities Act, as amended
from time to time.
3.16.7
Existing Undersized Lots
Where a lot, having a lesser lot area and/or lot frontage than required herein, existed on
the date of passing of this By-law, or where such a lot is created by a public authority or
correction of title, such smaller lot may be used and a permitted principal building or
structure may be erected and/or used on such a smaller lot provided that all other
applicable provisions of this By-law are complied with and provided that a sewage
system that complies with the regulations under the Building Code Act, or can be
connected to the sanitary sewer and water system can be installed on the lands.
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3.17
MINIMUM DISTANCE SEPARATION REQUIREMENTS
a) New and expanded livestock facilities, manure storage facilities and anaerobic
digesters are subject to the Minimum Distance Separation II (MDS II)
requirements developed by the province, as amended from time to time, and shall
comply with the requirements of the Ontario Nutrient Management Act.
b) No dwelling shall be erected or located on a separate lot unless it complies with
the requirements of the Ontario Nutrient Management Act and the Minimum
Distance Separation I (MDS I) formulae and guidelines developed by the province,
as amended from time to time. An existing off-site dwelling, destroyed by a
catastrophic event, may be replaced by a new dwelling provided that the new
dwelling is sited no closer to the lot on which the livestock facility is located than
the previously existing dwelling.
c) A new livestock facility may replace a former livestock facility destroyed by a
catastrophic event, provided that the new livestock facility does not result in
increases in the values of Factors A, B or D, of the MDS Formulae, compared to
what existed at the livestock facility prior to the catastrophic event, such that
there is no switch to a livestock type with a higher odour potential, there is no
increase in the number of nutrient units housed and there is no switch to a
manure system type with a higher odour potential.
d) Notwithstanding the MDS requirements, where new development on a vacant lot
of record is unable to comply with the MDS requirements, a dwelling may be
permitted on the lot provided the dwelling is located on the lot the furthest
distance reasonably feasible from the impacted livestock facilities.
3.18
MUNICIPAL SERVICES
Notwithstanding any other provisions of this By-law, no lands shall be used nor any
building or structure erected or used thereon, unless:
a) Municipal sanitary sewer and water services are available and capable of servicing
the said land, building or structures. Municipal sanitary sewer and water services
are required for development within any Urban Boundary as shown on Schedules A
through E, and no use shall be permitted without being connected to such services
in such area.
b) Written approval is received from the Niagara Region Planning and Development
Services Department for the use of private septic services for those lots located
outside of the urban boundary.
3.19
NIAGARA ESCARPMENT COMMISSION JURISDICTION
Lands located within the Niagara Escarpment Plan Area illustrated on Schedules A and C
are lands that provide for the maintenance of the Niagara Escarpment and land in its
vicinity substantially as a continuous natural environment, and to ensure only such
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development occurs as is compatible with that natural environment. The delineation of
the Niagara Escarpment Area is based on the most current information available, and
may not be accurate or up to date in some areas.
a) Development within the Niagara Escarpment Development Control Area is
regulated by the Niagara Escarpment Commission through the issuance of
development permits.
b) Within the Niagara Escarpment Plan Area, development includes a change in the
use of any land, building or structure.
3.20
NON-CONFORMING USES
a) No lands shall be used and no building or structure shall be used except in
conformity with the provisions of this By-law unless such use legally existed prior
to the passage of this By-law and provided that it has continued and continues to
be used for such purpose, and that such use, when established, was not contrary
to a By-law passed under Section 34 of the Planning Act, R.S.O. 1990, cP.13 or a
predecessor thereof that was in force at that time.
b) A use of a lot, building or structure which under the provisions hereof is not
permissible within the zone in which such lot, building or structure is located shall
not be changed except to a use which is permissible within such zone.
3.21
OBNOXIOUS USES
Notwithstanding anything contained herein, no land shall be used and no building or
structure shall be erected, altered or used for any purpose which is obnoxious, and
without limiting the generality of this subsection, for any purpose that creates or is likely
to become a nuisance or offensive, or both:
a) By the creation of noise or vibration; or
b) By reason of the emission or gas, fumes, smoke, dust or objectionable odour; or
c) By reason of the unsightly storage of goods, wares, merchandise, salvage, refuse
matter, motor vehicles, trailers, or parts of vehicles or trailers, machinery or other
such material; or
d) By any combination of a) through c); or
e) Any use that is not legally permitted.
3.22
OUTSIDE STORAGE
Where open/outside storage is permitted, the following regulations shall apply:
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a) Open/outside storage shall only be permitted in a rear yard; and
b) Where an open/outside storage area is visible from any street, any abutting lot
and/or park, the open/outside storage area shall be screened by a visual screen
containing a solid fence or wall not less than 2.0m in height.
3.23
PRE-FABRICATED SHIPPING CONTAINERS
Pre-fabricated shipping containers and unlicensed trailers shall not be permitted to be
used or stored on any lot in a Residential Zone.
This provision shall not restrict the use of a pre-fabricated shipping container or
unlicensed trailer to be used in a Residential Zone on a temporary basis for the storage
of construction materials and equipment for any project undertaken by or on behalf of a
public authority or for any construction project for which the Municipality has issued a
building permit, provided the container or trailer is removed prior to final inspection.
3.24
PRIVATE HOME DAYCARE
Where a private home daycare is permitted, it shall be subject to the requirements of
the zone in which it is located and the following:
a) Is permitted within any residential dwelling unit; and
b) Notwithstanding any other provisions of this By-law, no part of any required front
yard shall be used for the purposes of an outdoor play space accessory to a
private home daycare.
3.25
PROHIBITED USES
The following uses are prohibited in any Zone:
a) The use of any trailer, tourist trailer, motor home or pre-fabricated shipping
container for human habitation except where such tourist trailer or motor home is
located in a camping establishment, in a trailer park or in a mobile home park.
b) The use of any motor vehicle for human habitation.
c) The use of a truck, bus or coach body for human habitation.
d) The storage of disused rail cars, streetcars, truck bodies or trailers except where
legally permitted by this Zoning By-law.
e) The outdoor storage of partially dismantled motor vehicles or trailers or motor
vehicle or trailer parts except where legally permitted by this Zoning By-law.
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f) Obnoxious uses.
g) The manufacturing, refining, rendering or distillation of acid, ammonia, chlorine,
coal, creosote, explosives, fireworks, glue, petroleum or tar.
h) The bulk storage of industrial chemicals, hazardous waste or liquid industrial waste
as defined under the Environmental Protection Act, as amended.
i) Permanent racetracks for automobiles or machines.
j) The keeping or raising of any bull, ox, cow, sheep, horse, goat, pig or other cattle,
any poultry, or any reptile or wild animal including any tamed or domesticated wild
animal on any residential lot or in any building or structure on such lot, or in any
building or structure in a Residential or Residential Development Zone.
3.26
PUBLIC USES
The provisions of this By-law shall not apply to prevent the use of any land, building or
structure by any public authority, except for a waste disposal site, provided that:
a) Such use building or structure complies with the yard, setback and height
provisions of the Zone in which it is located; and
b) No outdoor storage is permitted unless such outdoor storage is specifically
permitted in the Zone in which the use is located.
Notwithstanding the above provisions, buildings and structure associated with a public
works yard owned by a public authority are exempt from the height requirements of this
By-law.
Nothing in this By-law shall prevent a public authority from providing or using land as a
street or rail line nor prevent the installation of a utility main including a water main,
sanitary sewer, storm sewer, gas main, pipeline or overhead or underground hydro,
telecommunication or other utility supply or communication line.
3.27
RAILWAY AND PIPELINE RIGHT-OF-WAY SETBACKS
Notwithstanding anything contained in this By-law:
a) No residential building shall be located closer than 30.0m to a railway right-of
way;
b) For TransCanada Pipeline:
i.
No permanent structures are permitted within 7.0m of the pipeline right-of
way;
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ii.
Accessory structures must maintain a minimum 3.0m setback of the limit of
the pipeline right-of-way; and
iii.
No building or structures shall be permitted within 3.0m of the pipeline right-
of-way.
c) For Enbridge Gas Pipeline:
i.
All development within 30.0m or crossings of the pipeline shall require
written consent from Enbridge Gas and is the responsibility of the applicant
to obtain prior to development approval.
3.28
RECONSTRUCTION OF BUILDINGS AND STRUCTURES
3.28.1
RECONSTRUCTION, REPLACEMENT OR EXTENSION OF LEGAL NON-
COMPLYING BUILDINGS AND STRUCTURES
Where a building or structure has been lawfully erected on a lot having less than the
minimum frontage and/or area, or having less than the minimum setback, and/or yard
or any other provision required in this By-law, the said building or structure shall be
deemed to comply with this By-law with respect to any deficiency or deficiencies; and
further the said building or structure may be reconstructed or replaced provided that:
a) The reconstruction or replacement does not further reduce such setback at the
front yard and/or side yard and/or corner side yard and/or rear yard less than the
minimum required by this By-law;
b) Nothing in this By-law shall prevent a vertical or horizontal extension or addition
from being made to an existing building or structure on a lot, even though such a
building, structure or lot does not comply to one or more of the provisions of this
By-law, provided such extension or addition itself is designed, located, used and
otherwise in compliance with the provisions of this By-law, with the exception that
no extensions or additions will be permitted in an Environmental Protection Zone;
c) All other provisions of this By-law are complied with; and
d) The reconstruction or replacement of any building or structure must comply with
the regulations of the Ontario Building Code and the town of Pelham Development
Charge By-law in terms of timelines for reconstruction or replacement.
3.28.2
Agricultural Buildings and Structures
Nothing in this By-law shall apply to prevent the reconstruction of any legal non-
complying agricultural building or structure situated in the Agricultural (A) or Specialty
Agricultural (SA) Zones in the case of partial or complete destruction caused by fire,
lightning or severe weather event provided:
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a) Such building was in a state of good repair and was utilized for agricultural
purposes at the time of destruction;
b) Such building or structure, as replaced or reconstructed, shall not have in total a
greater livestock housing capacity than lawfully existed in the destroyed or
demolished building or structure at the date of its partial or complete destruction
or demolition; and
c) Where any yard existing at the date of the partial or complete destruction or
demolition of such building or structure does not comply with the minimum yard or
minimum setback required by this By-aw, such yard shall not be further reduced.
3.28.3
Replacement of Other Buildings
Any building other than a building used exclusively for residential purposes may, in case
of this complete destruction, be replaced with a new building where the complete
destruction is caused by fire, lightning or severe weather event provided that:
a) Such destroyed or demolished building was in conformity with this By-law at the
date of its complete destruction; or
b) For buildings not in conformity with this By-law, the ground floor area of such
building as replaced does not exceed that which was existing at the date of its
complete destruction.
3.28.4
Replacement of Residential Buildings
Any building used exclusively for residential purposes may, in the case of its complete
destruction, be replaced with a new building or in the case of its partial destruction, be
reconstructed where the complete or partial destruction, as the case may be, is caused
by fire, lightning, explosion, or severe weather event provided that:
a) Such destroyed or demolished building was lawfully used at the date of its partial
or complete destruction;
b) Such building as replaced or reconstructed shall not contain a greater number of
dwelling units than lawfully existed in the destroyed or demolished building at the
date of its partial or complete destruction;
c) Where the ground floor area of the destroyed building was less than the minimum
ground floor area permitted in the applicable Zone under this By-law, such
building, as replaced or reconstructed, shall not contain a lesser floor area than
lawfully existed in the destroyed or demolished building at the date of its partial or
complete destruction or demolition;
d) Where any yard existing at the date of the partial or complete destruction of such
building does not comply with the minimum yard required in the applicable Zone
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under this By-law, then such yard shall not be less than the yard existing at the
date of the partial or complete destruction or demolition of such building;
e) The height of such building, as replaced or reconstructed, shall not exceed the
maximum height permitted in the applicable Zone under this By-law; and
f) Nothing withstanding Section 3.28.4 a) through e) where the building is destroyed
by flood, the replacement of said structure shall be subject to the regulations of
the Niagara Peninsula Conservation Authority.
3.29
Additional Residential Units (ARUs)
3.29.1
Settlement Area
a) In addition to the primary dwelling unit, a maximum of two ARUs are permitted on
a parcel of land that permits a residential use in the settlement area:
i.
Up to two ARUs are permitted in a single-detached, semi-detached, block
townhouse or street townhouse dwelling; or
ii.
One ARU can be located within the primary dwelling unit and one in a
detached ancillary structure or detached garage. For clarification, only one
ARU can be detached from the primary dwelling unit.
b) The maximum gross floor area (ARU) of the ARU shall be 50% of the total gross
floor area of the primary dwelling unit, to a maximum of 93m2.
c) In addition to the required parking for the primary dwelling unit, a minimum of
one parking space shall be provided for each ARU.
d) A detached ancillary structure or detached garage that contains an ARU must
maintain a minimum separation distance of 2.4m from any other building or
structure on the same lot that contains a dwelling unit, unless the ARU is located
in a legally established existing detached ancillary structure or detached garage.
e) The maximum distance of an ARU located in a detached ancillary structure or
detached garage, from the closest portion of the primary dwelling is 40.0m, unless
the ARU is located in a legally established existing detached ancillary structure or
detached garage.
f) A detached ancillary structure or detached garage, legally established on or before
the date of passing of this by-law, may be converted to an ARU without the need
to comply with current zoning regulations, provided the ARU requirements are
met, and no openings are added to a wall that would not otherwise comply.
g) The minimum landscaped open space shall be 30% of the total lot area.
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h) The maximum height for a detached garage that contains an ARU shall be 8.0m.
i) All other applicable zone requirements shall be met.
j) All applicable requirements of the Ontario Building Code shall be met.
3.29.2
Agricultural Area (Agriculture and Rural Residential Zones)
a) In addition to the primary dwelling unit, a maximum of two ARUs are permitted on
a parcel of land that permits a residential use outside of the settlement and
outside of the Greenbelt Plan area;
i.
Up to two ARUs are permitted in a single-detached dwelling; or
ii.
One ARU can be located within the primary dwelling unit and one in a
detached ancillary structure or detached garage. For clarification, only one
ARU can be detached from the primary unit.
b) The maximum gross floor area (ARU) of the ARU shall be 50% of the total gross
floor area of the primary dwelling unit, to a maximum of 112m2.
An ARU located in the basement of the primary dwelling unit may occupy the
entire basement.
c) In addition to the required parking for the primary dwelling unit, a minimum of on
parking space shall be provided for each ARU.
d) A detached ancillary structure or detached garage that contains an ARU must
maintain a minimum separation distance of 2.4m from any other building or
structure on the same lot that contains a dwelling unit, unless the ARU is located
in a legally established existing detached ancillary structure or detached garage.
e) The maximum distance of an ARU located in a detached ancillary structure or
detached garage, from the closest portion of the primary dwelling is 40.0m.
f) A detached ancillary structure or detached garage, legally established on or before
the date of passing of this by-law, may be converted to an ARU without the need
to comply with current zoning regulations, provided the ARU requirements are
met, the location of the detached ancillary structure or detached garage does not
exceed the maximum distance separation noted in 3.29.2 e), and no openings are
added to a wall that would not otherwise comply.
g) Individual on-site sewage services and individual on-site water services must be
adequate to service the ARU(s), and are encouraged to be shared. Approval from
the relevant authority must be obtained before the ARU can be approved.
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h) On a parcel of land that is less than 1 acre in size, the minimum landscaped open
space shall be 30% of the total lot area.
i) The maximum height for a detached garage that contains an ARU shall be 8.0m.
j) Any applicable Minimum Distance Separation requirements must be met.
k) All other applicable zone requirements shall be met.
l) All applicable requirements of the Ontario Building Code shall be met.
3.29.3
Specialty Agricultural Zone (Greenbelt Plan Area)
a) In addition to the primary dwelling unit, one ARU is permitted on a parcel of land
that permits a residential use in a single detached dwelling or within a detached
ancillary structure or detached garage in the Specialty Agriculture Zone (Greenbelt
Plan Area), provided the detached ancillary structure or detached garage was
constructed prior to July 1, 2017, and the primary dwelling unit or detached
ancillary structure is located outside of the Greenbelt Plan Natural Heritage
System.
b) An ARU is not permitted within the Greenbelt Plan Natural Heritage System.
c) The maximum gross floor area (ARU) of the ARU shall be 50% of the total gross
floor area of the primary dwelling unit, to a maximum of 112m2.
An ARU located in the basement of the primary dwelling unit may occupy the
entire basement.
d) In addition to the required parking for the primary dwelling unit, a minimum of on
parking space shall be provided for each ARU.
e) A detached ancillary structure or detached garage that contains an ARU must
maintain a minimum separation distance of 2.4m from any other building or
structure on the same lot that contains a dwelling unit, unless the ARU is located
in a legally established existing detached ancillary structure or detached garage.
f) The maximum distance of an ARU located in a detached ancillary structure or
detached garage, from the closest portion of the primary dwelling is 40.0m, unless
the ARU is located in a legally established existing building.
g) A detached ancillary structure or detached garage, legally established on or before
July 1, 2017, may be converted to an ARU without the need to comply with
current zoning regulations, provided the ARU requirements are met, the location of
the detached ancillary structure or detached garage does not exceed the
maximum distance separation noted in 3.29.2 f), and no openings are added to a
wall that would not otherwise comply.
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h) Individual on-site sewage services and individual on-site water services must be
adequate to service the ARU(s), and are encouraged to be shared. Approval from
the relevant authority must be obtained before the ARU can be approved.
i) On a parcel of land that is less than 1 acre in size, the minimum landscaped open
space shall be 30% of the total lot area.
j) The maximum height for a detached garage that contains an ARU shall be 8.0m.
k) Any applicable Minimum Distance Separation requirements must be met.
l) All other applicable zone requirements shall be met.
m) All applicable requirements of the Ontario Building Code shall be met.
3.30
SHORT-TERM ACCOMMODATIONS
Where permitted, a short-term accommodation shall be subject to the requirements of
the Zone in which it is located, and it shall:
a) Be permitted only in the A, SA, CR, VC, DC, MS, TS, and NC Zones;
b) Permit a maximum occupancy of 10 persons per dwelling at any one time;
c) Be licensed through the Town's Short Term Accommodation Licensing By-law,
pursuant to the Municipal Act, 2001;
d) Obtain approval from the Regional Public Health Department and the Town's
Building and Fire Departments; and
e) Comply with the parking provisions of Section 4.
3.31
SPECIAL EXCEPTIONS
The Special Exceptions noted in Section 10 shall have effect in respect of the subject use
and the provisions of the respective shall be amended insofar as required to give effect
to the special provisions. All other provisions of the respective zone shall apply, with the
necessary changes being made to the subject use.
3.32
SPECIAL SETBACKS
Notwithstanding any other provisions in this By-law, the following shall apply:
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3.32.1
Setback from Environmental Protection One Zone & Environmental
Protection Two Zone
a) Notwithstanding any other provisions of this By-law, the following setbacks shall
apply to lands zoned Environmental Protection One (EP1) Zone and Environmental
Protection Two (EP2) Zone:
Natural Heritage Feature
Building
Setback
Provincially Significant Life Science Area of Natural and Scientific Interest
50m
Provincially Significant Wetland
120m
Habitat of Threatened and Endangered Species
50m
Environmental Conservation Area
50m
Type 1 - Critical Fish Habitat
30m
Type 2 or 3 - Critical Fish Habitat
15m
Regulated Floodplain
0m
Significant Woodlands
50m
b) The setbacks noted in Section 3.32.1 a) may be modified without an amendment
to the Zoning By-law through the approval of an Environmental Impact Study,
approved by the appropriate regulatory authority and the execution of a written
agreement to be registered on title requiring the owner to implement all
recommendations of the approved Environmental Impact Study.
c) The setbacks noted in Section 3.32.1 a) do not apply to lands located in Fenwick
and Fonthill, as illustrated on Schedules B and C. In these areas, the setbacks will
be established through the findings of an Environmental Impact Study.
3.32.2
Setback from Environmental Protection Three Zone
a) Notwithstanding any other provision in this By-law, no building or structure shall
be located within 120 metres of any Environmental Protection Three (EP3) Zone,
with the exception that new agricultural buildings and structures are permitted
within the 120 metres of an EP3 Zone, provided such buildings or structures
maintain a 30 metre setback from the EP3 Zone.
d) The setbacks noted in Section 3.32.2 a) may be modified without an amendment
to the Zoning By-law through the approval of an Environmental Impact Study,
approved by the appropriate regulatory authority and the execution of a written
agreement to be registered on title requiring the owner to implement all
recommendations of the approved Environmental Impact Study.
3.32.3
Setbacks from Slopes
a) Notwithstanding any other provisions of this By-law, no dwelling unit, building or
structure shall be located within 7.5m of a slope or embankment that exceed 33%
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or a ratio of 3:1. This provision shall also not prevent the expansion or
replacement of buildings or structures that existed on the effective date of this By-
law within this setback area, provided the expansion or replacement does not have
the effect of reducing the setback from the slope or increasing the volume or floor
area of a building or structure in a minimum required yard.
b) In Urban Area infilling situations, a reduced setback may be considered in cases
where there are site specific constraints which may necessitate the reduced
setback. Any reduced setback request will require a geotechnical study approved
by the appropriate authority.
3.32.4
Greenbelt Natural Heritage System
Lands identified within the Greenbelt Natural Heritage System are located within the
Greenbelt Natural Heritage Overlay designation of the Town's Official Plan and reflect
lands within the Natural Heritage System of the Provincial Greenbelt Plan. Permitted
uses in the Greenbelt Natural Heritage System shall be the uses of the zone category,
subject to the following:
a) The maximum developable area shall be 25%; and
b) Notwithstanding, agricultural buildings and structures are not subject to the above
requirements.
3.32.5
Airport Influence Area
No building or structure shall exceed 12.0 metres in height within the Airport Influence
Area.
3.33
STORAGE OF RECREATIONAL VEHICLES, TRAILERS AND
BOATS
In any Residential Zone, no person shall store a recreational vehicle, mobile home,
motor home, tourist trailer, boat and trailer or haulage trailer, except in accordance with
the following:
a) Where the lot is use for an apartment dwelling or boarding house, the storage of
such vehicles shall be enclosed and shall only be permitted in spaces or areas that
are in addition to the parking requirements of Section 4.
b) The storage of such vehicles shall be permitted in any yard, provided that where
storage occurs in a front or exterior side yard, a minimum setback of 1.5m from
the front lot line or exterior side lot line shall be required for sight clearance
purposes.
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c) The storage of such vehicles in not for the exchange, payment or renumeration of
any kind, financial or otherwise.
3.34
SWIMMING POOLS
Notwithstanding any other provision of this By-law to the contrary, in any Zone a
swimming pool may be erected and used in any side yard or rear yard provided:
a) No interior wall surface of any such swimming pool shall be located closer than
1.5m to any side lot line, rear lot line or exterior side lot line, or closer than 3.0m
to that portion of the rear lot line which abuts a side lot line of any adjoining lot;
b) No water circulating or treatment equipment, such as pumps or filters shall be
located closer than 3.0m to any side lot line, or rear lot line or 1.2m to any side lot
line or rear lot line if enclosed in an accessory building or structure or closer to any
street than the required yard for the main building or structure. A pool heater
shall maintain a setback of 1.0m to any lot line.
c) A swimming pool shall not be considered as part of lot coverage.
d) In the case of an indoor swimming pool in a separate building or structure or
enclosure, the building, structure or enclosure shall comply with all accessory
building provisions of the Zone in which such a building, structure or enclosure is
located.
3.35
TEMPORARY USES
a) Nothing in this By-law shall prevent the use of any land, or the erection or use of
any temporary building or structure incidental to and necessary for construction
work on the premises for which a building permit has been issued and not expired,
but only for so long as such use, building or structure is necessary for such
construction work which has not been finished or abandoned for a period of one
year.
b) Nothing shall prevent the use of a mobile home, motor home or tourist trailer for
the temporary accommodation of the occupants in the case of complete or partial
destruction of the farm dwelling by fire, lightening, explosion, wind, flood or Act of
God, or where its demolition is by order of the Town of Pelham, the Region of
Niagara Health Services Department or other authority, for safety, health or
sanitation requirements in the Agricultural (A) Zone or Specialty Agricultural (SA)
Zone for a period of time not to exceed 18 months.
c) Nothing shall prevent the use of land, or the erection of a real estate sales pavilion
or model home on a temporary basis, either located within or not more than 300
metres from a developing subdivision and such use shall be removed when all lots
have been sold.
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d) A tent, used on a temporary basis, that requires a building permit, is required to
maintain a 3.0m minimum setback from all lot lines and is exempt from the lot
coverage and height requirements of this Zoning By-law.
3.36
SPECIAL EVENTS
a) A special event will be required to be in keeping with the Town's Special Events
By-law, as amended.
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SECTION 4: PARKING AND LOADING REQUIREMENTS
4.1
PARKING SPACE REQUIREMENTS
4.1.1
Minimum Parking Requirements
a) A minimum number of parking spaces shall be provided and maintained on a lot in
accordance with the following:
Use
Minimum # of Parking Spaces
AGRICULTURAL USES
Agri-tourism/Value Added Use
1 space per 55 m2 GFA*
Agriculture-Related Use
1 space per 55 m2 GFA
Greenhouse
1 space per 2000 m2 GFA
On-farm Diversified Use
1 space per 55 m2 GFA
All other agricultural uses are exempt from the parking requirements of this section.
RESIDENTIAL USES
Apartment Dwelling
1.25 spaces per dwelling unit
Bed and Breakfast
2 spaces per dwelling unit plus 1
additional space for each guest room
Home Industry
2 spaces per dwelling unit plus 1
additional space for home industry use
Home Occupation
2 spaces per dwelling unit plus 1
additional space for home occupation use
Second Dwelling Unit
1 space per dwelling unit
Semi-Detached Dwelling
2 spaces per dwelling unit
Single Detached Dwelling
2 spaces per dwelling unit
Short Term Accommodation
1 space per guest room
Street Townhouse Dwelling
2 spaces per dwelling unit
Other Permitted Residential
1.25 spaces per dwelling unit
COMMERCIAL USES
Drive-thru Facility
Restaurant - 10 tandem spaces
All Other Uses - 3 tandem spaces
Medical Office
4.5 spaces per 100m2 GLFA**
Office
3.0 spaces per 100m2 GLFA
Retail Place of Entertainment and
Restaurant
3.25 spaces per 100m2 GLFA
Other Permitted Commercial
3.0 spaces per 100m2 GLFA***
INDUSTRIAL USES
Industrial
1 space per 50m2 of GLFA
PUBLIC/INSTITIONAL
Public and Institutional including associated
office space and/or retail, restaurants and
personal service uses
3.5 spaces per 100m2 of GLFA
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OTHER USES
Cannabis-Related Use - Indoor
1 space per 100m2 GFA
Industrial-Hemp Related Use - Indoor
1 space per 100m2 GFA
All Other Permitted Uses
3.5 spaces per 100m2 of GLFA
Within the Main Street (MS) Zone, all non-residential development shall be exempt
from any parking requirement. Residential uses within the Main Street (MS) Zone
shall be required to provide 1 parking space per dwelling unit.
* Gross Floor Area
** Gross Leasable Floor Area
*** Not applicable to temporary outdoor patios.
4.1.2
Calculation of Required Parking Spaces
a) Where the calculation of the required number of parking spaces under Section
4.1.1 a) results in a fraction of 0.25 or higher, the value shall be rounded up to
the next whole number;
b) When a building or structure accommodates more than one type of use, as defined
in this By-law, the parking space requirement for the whole building shall be the
sum of the requirements for the separate parts of the building occupied by the
separate uses, including any accessory uses with a defined parking requirement
under Section 4.1.1 a); and
c) On a lot with a single detached dwelling, semi-detached dwelling, duplex dwelling,
triplex dwelling, fourplex dwelling or townhouse dwelling, a private driveway
devoted to the dwelling unit and located on the lot may be included in the
calculation of parking spaces.
d) Parking that is secured off-site can be included in the overall required parking
calculation, provided that there is a legal agreement, registered on title, and the
removal of spaces from the off-site location does not impede the required spaces
from that location for the use.
4.1.3
Barrier-Free Parking Spaces
a) Barrier-free parking spaces are required to be provided near entrances for
apartment buildings, mixed-use buildings, commercial and institutional uses in
accordance with the following, and have signage in accordance with the Ontario
Regulation 191/11 Integrated Accessibility Standards, as amended:
Total Number of
Parking Spaces
Minimum Number of Barrier Free Parking Spaces
Type A
Type B
Total
1 to 25
1
-
1
26 to 50
1
1
2
51 to 75
1
2
3
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76 to 100
2
2
4
100 or more
4% of the total number of required parking spaces.
Even number of Spaces - Equal number of Type A and B
Odd number of Spaces - Additional space can be Type A or B.
b) Where one or more Type B barrier free parking space(s) is required, an equal
number of Type A barrier free parking spaces may be substituted for the Type B
space(s), provided that this provision shall not reduce the total number of barrier
free parking spaces required;
c) Notwithstanding the minimum barrier-free parking requirements, the minimum
barrier free parking requirement for medical offices, clinics and facilities providing
outpatient services shall be 10% of the total minimum parking requirement for the
use;
d) The total number of required barrier free parking spaces shall be included within
the minimum parking requirements of the permitted use of the overall parking
requirement;
e) Type A barrier free parking spaces shall be a minimum of 3.4m by 5.8m;
f) Type B barrier free parking spaces shall be a minimum of 2.4m by 5.8m; and
g) An access aisle shall be provided on one side of all barrier free parking spaces and
shall have a minimum width of 1.5m and a minimum length equal to the full
length of the parking space and shall be marked with high tonal contrast diagonal
lines where the surface asphalt, concrete or other hard surface, and one access
aisle may be shared by two barrier free parking spaces (with one barrier free
parking space located on each side of the access aisle).
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4.1.4
Parking Area and Driveway Requirements
4.1.4.1
Parking Space Dimensions and Requirements
a) The minimum dimensions of a parking space shall be 2.6m by 5.8m with a
minimum vertical clearance of 2.0m;
b) The minimum dimensions of a tandem parking space shall be 2.6m by 6.0m with a
minimum vertical clearance of 2.0m; and
c) Any required space shall be unobstructed and free of any structures or
encroachments.
4.1.4.2
Parking Aisles
a) Each parking space shall be accessed either directly by a driveway or a parking
aisle. A parking aisle shall have a minimum width of 6.2m; and
b) Notwithstanding Section 4.1.4.2 a), where a parking aisle is designed to provide
one-way traffic only, and the parking spaces are provided at an angle not
exceeding 45˚measured at the parking aisle, the minimum width shall be 4.5m.
4.1.4.3
Driveways
a) In any zone where a dwelling is permitted, the maximum driveway width shall be
6.0m or 50% of the frontage or the exterior side lot line distance, whichever is
less for the entire length of the driveway;
b) In any zone where a street townhouse dwelling is permitted, the maximum
driveway width shall be 6.0m or 50% of the frontage or the exterior side lot line
distance, whichever is less for the entire length of the driveway, and each unit
shall have one driveway;
c) Ingress and egress to and from required parking areas and required parking
spaces in any zone shall be provided by means of unobstructed driveways at least
3.0m in width for one-way traffic and 6.0m in width for two-way traffic;
d) Notwithstanding the requirements of 4.1.4.3 b), the ingress and egress
requirements of the Region of Niagara shall apply along all Regional Roads;
e) Nothing in this subsection shall apply to prevent the use of a right-of-way as a
means of obtaining access to a parking area provided the right-of-way has been
legally established for such purpose; and
f) Notwithstanding 4.1.4.3 a) and b), a circular or secondary driveway shall only be
permitted in accordance with the following:
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i.
On a lot with a minimum lot frontage of 30m;
ii.
The maximum combined width of all driveway entrances/egresses shall be
9.0m; and
iii.
The minimum distance between the driveway entrances/egresses shall be
15.0m. For the purpose of interpreting this regulation, the distance between
proposed driveway entrances/egresses shall be measured along the
applicable street line(s) between the driveway entrances/egresses.
iv.
In the case of a corner lot, a driveway entrance may be permitted for each
street frontage.
g) Properties that are being used for agricultural purposes are exempt from the
requirements of Section 4.1.4.3.
4.1.4.4
Parking Area and Driveway Surface
a) In the settlement area, a parking area and the driveway(s) connecting the parking
area with the street shall be constructed of asphalt, concrete, permeable paving or
other Low Impact Development materials. The use of gravel is not permitted on a
permanent basis.
4.1.4.5
Parking Structures
a) Where a parking area located in a structure constitutes the main use on a lot, then
such structure shall conform to all the zone provisions for the zone in which the lot
is located.
b) Where a parking area located in a structure is accessory to a permitted use on a
lot, then such structure shall conform to all the provisions for accessory uses set
out in Subsection 4.4.5 a).
4.1.4.6
Underground Parking Areas
Nothing in this By-law shall apply to prohibit the location of underground parking areas
in any yard, provided that:
a) Only less than half a part of any underground parking area shall be situated above
finished grade in any required yard; and
b) No part of any underground parking area shall be located outside the property
lines.
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4.1.4.7
Illumination
Where parking areas are illuminated, lighting fixtures shall be arranged, designed and
installed so that the light is directed downward and deflected away from adjacent
properties.
4.1.4.8
Parking Area Location on Lot
Notwithstanding the yard provisions of this By-law to the contrary, uncovered surface
parking areas shall be permitted in the required yards as follows:
Residential (except Apartment)
All required yards provided that no part of any dwelling and parking area, other than a
driveway, is located closer than 0.9m to any street line.
Apartment Dwelling
Shall be permitted except in any front yard and corner yard provided that no part of
any parking area, other than a driveway is located closer than 7.5m to any street line
and no closer than 3.0m to any side lot line or rear lot line.
Institutional, Commercial, Open Space
All required yards provided that no part of any parking area, other than a driveway is
located closer than 0.9m to any street line.
Industrial
Interior side and rear yards only, except for visitor parking, provided that no part of
any parking area, other than driveway is located closer than 4.5m to any street line.
4.1.4.9
Other Parking Regulations
a) Nothing in this By-law shall prevent the erection of a shelter for use solely by
parking attendants in any part of a parking area, except within a daylighting
triangle, provided such shelter is not more than 4.5m in height and has a floor
area of not more than 5m2.
b) No commercial vehicle as defined in the Highway Traffic Act, of greater than 1
tonne maximum capacity and/or no bus used as a commercial vehicle designed for
carrying 10 or more passengers and used for the transportation of persons, shall
be parked or stored in a Residential Zone and shall not be parked overnight on a
street.
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4.2
LOADING SPACE REQUIREMENTS
4.2.1
Minimum Loading Space Requirements
a) A minimum number of loading space(s) shall be provided and maintained on a lot
in accordance with the following:
Use
Minimum # of Required Loading Spaces
INDUSTRIAL USES
Less than 500m2 GFA
None
500m2 of GFA to 2,500 m2 GFA
1
Over 2,500m2
2, plus 1 additional loading space for each 10,000m2
GFA in excess of 10,000m2
COMMERCIAL USES
Less than 185m2 of GFA
0
185m2 GFA to 930m2 GFA
1
Over 930m2 GFA
2, plus 1 additional loading space for each 1,400m2
GFA in excess of 930m2
4.2.2
Loading Space Requirements
a) A loading space shall be a minimum of 3.5m in width and 9.0m in length with a
minimum vertical clearance of 4.0m;
b) A loading space shall be unobstructed, and free of any structures and
encroachments;
c) Where the calculation of the required number of loading spaces under Section
4.2.1a) results in a fraction of 0.25 or higher, the value shall be rounded up to the
next whole number;
d) The required loading space(s) shall be provided on the same lot occupied by the
building or structure for which the said loading space(s) is required, and shall not
form any part of any improved street or lane;
e) When a building or structure accommodates more than one type of use, as defined
in this By-law, the loading space requirement for the whole building shall be the
sum of the requirements for the separate parts of the building occupied by the
separate uses;
f) A loading space shall be constructed of asphalt, concrete, permeable paving,
Portland cement, or like materials; and
g) A loading space shall not be permitted in any front yard or exterior side yard,
except in any agricultural or rural zone, where it shall be permitted in any yard.
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4.3
BICYCLE PARKING REQUIREMENTS
4.3.1
Minimum Bicycle Parking Requirements
a) A minimum number of parking spaces for bicycles shall be provided and
maintained on a lot in accordance with the following:
Use
Short-term Bicycle
Parking Space
Requirements
Long-term Bicycle
Parking Space
Requirements
RESIDENTIAL USES
Apartment dwelling
Minimum of 6 spaces
0.25 spaces per unit
COMMERCIAL USES
Office
3 + 0.25/100m2 GFA
0.15/100m2 GFA
Medical Office
3 + 0.1/100m2 GFA
0.15/100m2 GFA
Any retail or restaurant use
3 + 0.25/100m2 GFA
0.1/100m2 GFA
All other permitted commercial uses
3 + 0.25/100m2 GFA
0.1/100m2 GFA
INDUSTRIAL USES
Industrial
0.1/100m2 GFA
0.06/100 m2 GFA
INSTITUTIONAL/PUBLIC USES
Private and Public School
3 + 0.06/100m2 GFA
0.06/100m2 GFA
Institutional/Public
3 + 0.25/100m2 GFA
0.1/100m2 GFA
Other Uses
All other non-residential uses
0.1/100m2 GFA
0.06/100m2 GFA
4.3.2
Bicycle Space and Parking Area Requirements
a) A bicycle parking space must be on the same lot as the use for which it is
required;
b) Where the calculations of the required number of bicycle parking spaces under
Section 4.3.1a) results in a fraction of 0.25 or higher, the value shall be rounded
up to the next whole number;
c) When a building or structure accommodates more than one type of use, as defined
in this By-law, the bicycle parking space requirement for the whole building shall
be the sum of the requirements for the separate parts of the building occupied by
the separate uses;
d) All short-term bicycle parking areas shall be located a maximum of 15.0m from a
building entrance; and
e) All long-term bicycle parking spaces shall be located indoors.
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4.3.3
Bicycle Parking Space Dimensions
The minimum bicycle parking space dimensions shall be:
Bicycle Parking Space
Length Width
Height
Vertical Clearance
Aisle Width
Horizontal
1.8m
0.6m
1.9m
1.9m
1.5m
Vertical
1.8m
0.6m
1.9m
1.9m
Stacked
1.8m
0.6m
1.2m
2.4m
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SECTION 5: RURAL/AGRICULTURAL ZONES
The following zoning categories are described in this section:
A
Agricultural Zone
A-CAN Agricultural Zone -
Cannabis
Permitted Uses:
- Agricultural use;
- Agri-tourism/Value-added use;
- Agricultural-related use;
- Bed and breakfast;
- Farm winery;
- Forestry and resource management;
- Home industry;
- Home occupation;
- Kennel;
- On-farm diversified use;
- Seasonal or permanent farm help house;
- Additional Residential Units (ARUs);
- Short term accommodation;
- Single detached dwelling on an existing
vacant lot of record; and
- Uses, buildings and structures accessory
to the foregoing uses.
- Cannabis Related Use - Indoor; and
- Industrial Hemp-Related Use - Indoor.
SA Specialty Agricultural Zone
SA-CAN Specialty Agricultural
Zone - Cannabis
Permitted Uses:
- Agricultural use;
- Agri-tourism/Value added use;
- Agriculture-related use;
- Bed and breakfast;
- Farm winery;
- Forestry and resource management;
- Home industry;
- Home occupation;
- Kennel;
- On-farm diversified use;
- Seasonal or permanent farm help house;
- Additional Residential Units (ARUs);
- Short term accommodation;
- Single detached dwelling on an existing
vacant lot of record; and
- Uses, buildings and structures accessory
to the foregoing uses.
- Cannabis Related Use - Indoor; and
- Industrial Hemp-Related Use - Indoor.
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RE Rural Employment Zone
RE-CAN Rural Employment Zone -
Cannabis
Permitted Uses:
- Agriculture-related use;
- Agricultural use that does not involve the
keeping of livestock;
- Building supply & service establishment;
- Construction trade & retail
establishment;
- Contractor's establishment;
- Commercial self-storage;
- Custom workshop;
- Farm supply and service establishment
- Kennel;
- Manufacturing, assembly, processing and
fabrication;
- Vehicle service and repair establishment;
- Veterinarian's clinic;
- Warehouse;
- Wholesaling establishments; and
- Uses, buildings and structures accessory
to the foregoing uses.
- Cannabis Related Use - Indoor; and
- Industrial Hemp-Related Use - Indoor.
MAR Mineral Aggregate Resource
Zone
CR Commercial Rural Zone
Permitted Uses:
Permitted Uses:
- Agricultural use;
- Agricultural-related use;
- Mineral aggregate resource operation;
- On-farm diversified use; and
- Uses, buildings and structures accessory
to the foregoing uses.
- Custom workshop;
- Vehicle service and repair
establishment;
- Building supply and service;
- Farm supply and service
establishments;
- Farm produce markets;
- Service shop;
- Short term accommodation;
- Vehicle fuel station (gas bar);
- Vehicle sales and rental
establishment;
- Veterinarian's clinic; and
- Uses, buildings and structures
accessory to the foregoing uses.
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A
5.1
AGRICULTURAL ZONE
5.1.1
Permitted Uses
a) Agricultural use;
b) Agri-tourism/Value added use;
c) Agriculture-related use;
d) Bed and breakfast;
e) Farm winery;
f) Forestry and resource management;
g) Home industry;
h) Home occupation;
i) Kennel;
j) On-farm diversified use;
k) Seasonal or permanent farm help house;
l) Additional Residential Units (ARUs);
m) Short-term accommodation;
n) Single detached dwelling on an existing vacant lot of record; and
o) Uses, buildings and structures accessory to the foregoing uses.
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5.1.2
Zone Requirements for Agricultural Use
Minimum Lot Frontage
180.0m
Minimum Lot Area
40ha
Minimum Front Yard
20.0m
Minimum Interior Side Yard
20.0m
Minimum Corner Side Yard
20.0m
Minimum Rear Yard
20.0m
Maximum Building Height
18.0m or 12.0m for a residential dwelling
Maximum Lot Coverage
10%
Minimum Setback for Cannabis-Related Use -
Outdoor from a Sensitive Land Use
300.0m
Minimum Setback for Industrial Hemp-Related
Use - Outdoor from a Sensitive Land Use
300m
Livestock, Minimum Parcel Size
Livestock shall be permitted to be kept in
the Agriculture (A) Zone on parcels with a
minimum of two (2) hectares. A livestock
facility shall comply with the requirements
of the Ontario Nutrient Management Act
and Minimum Distance Separation (MDS)
formulae and guidelines developed by the
Province, as amended from time to time.
5.1.3
Zone Requirements for a Single Detached Dwelling on an Existing
Vacant Lot of Record
Minimum Lot Frontage
180.0m
Minimum Lot Area
0.4ha
Minimum Front Yard
8.0m
Minimum Interior Side Yard
8.0m
Minimum Corner Side Yard
8.0m
Minimum Rear Yard
15.0m
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Maximum Building Height
12.0m
Maximum Lot Coverage
10%
5.1.3.1
Zone Requirements for a Seasonal or Permanent Farm Help House
a) No seasonal farm help houses shall be used as a permanent dwelling;
b) The minimum floor area for a seasonal farm help house shall be 30m2;
c) The minimum floor area for a permanent farm help house shall be 93m2; and
d) Notwithstanding the above provisions, a seasonal farm help house may be used as
a principal farm dwelling for a period not to exceed one (1) year in the event of
destruction by fire, flood or natural disaster of the said farm dwelling.
5.1.4
Zone Requirements for Buildings and Structures Accessory to a
Single Detached Dwelling on an Existing Vacant Lot of Record
Maximum Lot Coverage
1% to a maximum of 10% for all buildings
Minimum Side Yard
3.0m
Minimum Rear Yard
3.0m
Minimum Distance to the Dwelling
3.0m
Maximum Building Height
7.3m
Accessory buildings and structures shall not be permitted in the required front yard.
5.1.5
Zone Requirements for a Farm Winery, Brewery, Distillery
Minimum Lot Frontage
46.0m
Minimum Lot Area
10.0ha
Minimum Front Yard
20.0m
Minimum Interior Side Yard
20.0m
Minimum Corner Side Yard
20.0m
Minimum Rear Yard
20.0m
Maximum Building Height
18.0m
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Maximum Lot Coverage
10%
Minimum Land Area Planted in Vineyards
5.0ha
Maximum Floor Area of Building(s) Used for a Farm Winery
300.0m2
Maximum Floor Area of a Hospitality and Retail Space
100.0m2
5.1.6
Zone Requirements for a Commercial Greenhouse
Minimum Lot Frontage
100.0m
Minimum Lot Area
3.0ha
Minimum Front Yard
20.0m
Minimum Interior Side Yard
15.0m*
Minimum Corner Side Yard
20.0m
Minimum Rear Yard
15.0m
Maximum Building Height
18.0m
Maximum Lot Coverage
30%
Minimum Setback from a Dwelling on an Adjacent Lot
45.0m
Minimum Setback for Outside Storage - Lot Line or Dwelling on Adjacent Lot
30.0m
*Where ventilation fans face the rear or side yard the yard shall be increased to 25.0m
where one or more ventilating fans exhaust into the respective yard.
5.1.7
Zone Requirements for a Hoop House
Maximum Setback from Any Yard
3.0m
Maximum Height
10.0m
A hoop house will not be considered as part of the overall lot coverage
5.1.8
Zone Requirements for a Kennel
Minimum Lot Frontage
100.0m
Minimum Lot Area
2.0ha
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Minimum Front Yard
20.0m
Minimum Interior Side Yard
15.0m
Minimum Corner Side Yard
20.0m
Minimum Rear Yard
25.0m
Maximum Building Height
18.0m
Maximum Lot Coverage
10%
Minimum Setback from a Dwelling on an Adjacent Lot
150m
5.1.9
Zone Requirements for an Agriculture-Related Use and On-Farm
Diversified Use
Please refer to Section 3.2
5.1.10
Zone Requirements for a Bed and Breakfast
Please refer to Section 3.3
5.1.11
Zone Requirements for a Home Industry and Home Occupation
Please refer to Section 3.13
5.1.12
Zone Requirements for Additional Residential Units (ARUs)
Please refer to Section 3.29
5.1.13
Zone Requirements for Short-Term Accommodation
Please refer to Section 3.30
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A-CAN
5.1.A
AGRICULTURAL ZONE - CANNABIS
Subject to the general provisions of Section 3 and all other applicable requirements of
this By-law, the provisions of this section shall apply throughout the Agricultural Zone-
Cannabis (A-CAN).
5.1.A.1
Permitted Uses
a) Cannabis-Related Use - Indoor; and
b) Industrial Hemp-Related Use - Indoor;
A retail store is not permitted as an accessory use to any of the permitted uses listed in
this section.
5.1.A.2
Zone Requirements for Permitted Uses
Minimum Lot Frontage for micro-processing and
micro-cultivation as defined by the Federal
Cannabis Regulation SOR-2018-144
100.0m
Minimum Lot Frontage for standard processing and
standard cultivation as defined by the Federal
Cannabis Regulation SOR-2018-144
200.0m
Minimum Lot Frontage for industrial hemp-related
as defined by the Federal Industrial Hemp
Regulation SOR-2018-145
200.0m
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Minimum Lot Area for micro-processing and micro-
cultivation as defined by the Federal Cannabis
Regulation SOR-2018-144
3.0ha
Minimum Lot Area for standard processing and
standard cultivation as defined by the Federal
Cannabis Regulation SOR-2018-144
10.0ha
Minimum Lot Area for industrial hemp-related as
defined by the Federal Industrial Hemp Regulation
SOR-2018-145
10.0ha
Maximum Lot Coverage
30%
Minimum Front Yard for micro-processing and
micro-cultivation as defined by the Federal
Cannabis Regulation SOR-2018-144
80.0m
Minimum Front Yard for standard processing and
standard cultivation as defined by the Federal
Cannabis Regulation SOR-2018-144
80.0m
Minimum Front Yard for industrial hemp-related as
defined by the Federal Industrial Hemp Regulation
SOR-2018-145
80.0m
Minimum Side Yard or Rear Yard for micro-
processing and micro-cultivation as defined by the
Federal Cannabis Regulation SOR-2018-144
15.0m, except where ventilating fans
in a wall exhaust into the respective
Side Yard or Rear Yard, in which case
the minimum Yard shall be 25.0m
Minimum Side Yard or Rear Yard for standard
processing and standard cultivation as defined by
the Federal Cannabis Regulation SOR-2018-144
40.0m, except where ventilating fans
in a wall exhaust into the respective
Side Yard or Rear Yard, in which case
the minimum Yard shall be 60.0m
Minimum Side Yard or Rear Yard for industrial
hemp-related as defined by the Federal Industrial
Hemp Regulation SOR-2018-145
40.0m, except where ventilating fans
in a wall exhaust into the respective
Side Yard or Rear Yard, in which case
the minimum Yard shall be 60.0m
Minimum Exterior Side Yard or Rear Yard for micro-
processing and micro-cultivation as defined by the
Federal Cannabis Regulation SOR-2018-144
20.5m
Minimum Exterior Side Yard or Rear Yard for
standard processing and standard cultivation as
80.0m
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94
defined by the Federal Cannabis Regulation SOR-
2018-144
Minimum Side Yard or Rear Yard for industrial
hemp-related as defined by the Federal Industrial
Hemp Regulation SOR-2018-145
80.0m
Minimum Setback for storage area from Streetline,
Lot Line of an adjacent lot with a Residential Use
30.0m
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SA
5.2
SPECIALTY AGRICULTURAL ZONE
5.2.1
Permitted Uses
a) Agricultural use;
b) Agri-tourism/Value added use;
c) Agriculture-related use;
d) Bed and breakfast;
e) Farm winery, brewery, distillery;
f) Forestry and resource management;
g) Hobby farm;
h) Home industry;
i) Home occupation;
j) Kennel;
k) On-farm diversified use;
l) Seasonal or permanent farm help house;
m) Additional Residential Units (ARUs);
n) Short-term accommodation;
o) Single detached dwellings on an existing vacant lot of record; and
p) Uses, buildings and structures accessory to the foregoing uses.
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5.2.2
Zone Requirements for Specialty Agricultural Uses
Minimum Lot Frontage
180.0m
Minimum Lot Area
40.0ha
Minimum Front Yard
20.0m
Minimum Interior Side Yard
20.0m
Minimum Corner Side Yard
20.0m
Minimum Rear Yard
20.0m
Maximum Building Height
18.0m or 12.0m for residential dwelling
Maximum Lot Coverage
10%
Minimum Setback for Cannabis-Related Use -
Outdoor from a Sensitive Land Use
300.0m
Minimum Setback for Industrial Hemp-Related use
- Outdoor from a Sensitive Land Use
300.0m
Livestock, Minimum Parcel Size
Livestock shall be permitted to be kept
in the Agriculture (A) Zone on parcels
with a minimum of two (2) hectares. A
livestock facility shall comply with the
requirements of the Ontario Nutrient
Management Act and Minimum Distance
Separation (MDS) formulae and
guidelines developed by the Province,
as amended from time to time.
5.2.3
Zone Requirements for a Single Detached Dwelling on an Existing
Vacant Lot of Record
Minimum Lot Frontage
20.0m
Minimum Lot Area
0.4ha
Minimum Front Yard
8.0m
Minimum Interior Side Yard
8.0m
Minimum Corner Side Yard
8.0m
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Minimum Rear Yard
15.0m
Maximum Building Height
12.0m
Maximum Lot Coverage
10%
5.2.3.1
Zone Requirements for a Seasonal or Permanent Farm Help House
a) No seasonal farm help houses shall be used as a permanent dwelling;
b) The minimum floor area for a seasonal farm help house shall be 30m2;
c) The minimum floor area for a permanent farm help house shall be 93m2; and
d) Notwithstanding the above provisions, a seasonal farm help house may be used as
a principal farm dwelling for a period not to exceed one (1) year in the event of
destruction by fire, flood or natural disaster of the said farm dwelling.
5.2.4
Zone Requirements for Buildings and Structures Accessory to a
Single Detached Dwelling on an Existing Vacant Lot of Record
Maximum Lot Coverage
1% to a maximum of 10% for all buildings
Minimum Side Yard
3.0m
Minimum Rear Yard
3.0m
Minimum Distance to the Dwelling
3.0m
Maximum Building Height
7.3m
Accessory buildings and structures shall not be permitted in the required front yard.
5.2.5
Zone Requirements for a Farm Winery, Brewery, Distillery
Minimum Lot Frontage
46.0m
Minimum Lot Area
10.0ha
Minimum Front Yard
20.0m
Minimum Interior Side Yard
20.0m
Minimum Corner Side Yard
20.0m
Minimum Rear Yard
20.0m
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Maximum Building Height
18.0m
Maximum Lot Coverage
10%
Minimum Land Area Planted in Vineyards
5.0ha
Maximum Floor Area of Building(s) Used for a Farm Winery
300.0m2
Maximum Floor Area of a Hospitality and Retail Space
100.0m2
5.2.6
Zone Requirements for a Commercial Greenhouse
Minimum Lot Frontage
100.0m
Minimum Lot Area
3.0ha
Minimum Front Yard
20.0m
Minimum Interior Side Yard
15.0m*
Minimum Corner Side Yard
20.0m
Minimum Rear Yard
15.0m
Maximum Building Height
18.0m
Maximum Lot Coverage
15.0m
Maximum Lot Coverage
30%
Minimum Setback from a Dwelling on an Adjacent Lot
45.0m
Minimum Setback for Outside Storage from Lot Line or
Dwelling on an Adjacent Lot
30.0m
*Where ventilation fans face the rear or side yard the yard shall be increased to 25.0m
where one or more ventilating fans exhaust into the respective yard.
5.2.7
Zone Requirements for a Hoop House
Minimum Setback from any Yard
3.0m
Maximum Height
10.0m
A hoop house will not be considered as part of the overall lot coverage.
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5.2.8
Zone Requirements for a Kennel
Minimum Lot Frontage
100.0m
Minimum Lot Area
2.0ha
Minimum Front Yard
20.0m
Minimum Interior Side Yard
15.0m
Minimum Corner Side Yard
20.0m
Minimum Rear Yard
25.0m
Maximum Building Height
18.0m
Maximum Lot Coverage
10%
Minimum Setback from a Dwelling on an Adjacent Lot
150m
5.2.9
Zone Requirements for an Agriculture-Related Use and On-Farm
Diversified Use
Please refer to Section 3.2
5.2.10
Zone Requirements for a Bed and Breakfast
Please refer to Section 3.3
5.2.11
Zone Requirements for a Home Industry and Home Occupation
Please refer to Section 3.13
5.2.12
Zone Requirements for Additional Residential Units (ARUs)
Please refer to Section 3.29
5.2.13
Zone Requirements for Short-Term Accommodation
Please refer to Section 3.30
5.2.14
Exceptions - Greenbelt Natural Heritage System
Lands identified within the Greenbelt Natural Heritage System are located within the
Greenbelt Natural Heritage Overlay designation of the Town's Official Plan and reflect
lands within the Natural Heritage System of the Provincial Greenbelt Plan. Permitted
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100
uses in the Greenbelt Natural Heritage System shall be the uses of the zone category,
subject to the following:
a) Maximum developable area shall be 25%; and
b) Notwithstanding, agricultural buildings and structures are not subject to the above
requirements.
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SA-CAN
5.2.A
SPECIALTY AGRICULTURAL ZONE - CANNABIS
Subject to the general provisions of Section 3 and all other applicable requirements of
this By-law, the provisions of this section shall apply throughout the Specialty
Agricultural Zone- Cannabis (SA-CAN).
5.1.A.1
Permitted Uses
a) Cannabis-Related Use - Indoor; and
b) Industrial Hemp-Related Use - Indoor;
A retail store is not permitted as an accessory use to any of the permitted uses listed in
this section.
5.1.A.2
Zone Requirements for Permitted Use
Minimum Lot Frontage for micro-processing and
micro-cultivation as defined by the Federal
Cannabis Regulation SOR-2018-144
100.0m
Minimum Lot Frontage for standard processing and
standard cultivation as defined by the Federal
Cannabis Regulation SOR-2018-144
200.0m
Minimum Lot Frontage for industrial hemp-related
as defined by the Federal Industrial Hemp
Regulation SOR-2018-145
200.0m
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Minimum Lot Area for micro-processing and micro-
cultivation as defined by the Federal Cannabis
Regulation SOR-2018-144
3.0ha
Minimum Lot Area for standard processing and
standard cultivation as defined by the Federal
Cannabis Regulation SOR-2018-144
10.0ha
Minimum Lot Area for industrial hemp-related as
defined by the Federal Industrial Hemp Regulation
SOR-2018-145
10.0ha
Maximum Lot Coverage
30%
Minimum Front Yard for micro-processing and
micro-cultivation as defined by the Federal
Cannabis Regulation SOR-2018-144
80.0m
Minimum Front Yard for standard processing and
standard cultivation as defined by the Federal
Cannabis Regulation SOR-2018-144
80.0m
Minimum Front Yard for industrial hemp-related as
defined by the Federal Industrial Hemp Regulation
SOR-2018-145
80.0m
Minimum Side Yard or Rear Yard for micro-
processing and micro-cultivation as defined by the
Federal Cannabis Regulation SOR-2018-144
15.0m, except where ventilating fans
in a wall exhaust into the respective
Side Yard or Rear Yard, in which case
the minimum Yard shall be 25.0m
Minimum Side Yard or Rear Yard for standard
processing and standard cultivation as defined by
the Federal Cannabis Regulation SOR-2018-144
40.0m, except where ventilating fans
in a wall exhaust into the respective
Side Yard or Rear Yard, in which case
the minimum Yard shall be 60.0m
Minimum Side Yard or Rear Yard for industrial
hemp-related as defined by the Federal Industrial
Hemp Regulation SOR-2018-145
40.0m, except where ventilating fans
in a wall exhaust into the respective
Side Yard or Rear Yard, in which case
the minimum Yard shall be 60.0m
Minimum Exterior Side Yard or Rear Yard for micro-
processing and micro-cultivation as defined by the
Federal Cannabis Regulation SOR-2018-144
20.5m
Minimum Exterior Side Yard or Rear Yard for
standard processing and standard cultivation as
80.0m
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defined by the Federal Cannabis Regulation SOR-
2018-144
Minimum Side Yard or Rear Yard for industrial
hemp-related as defined by the Federal Industrial
Hemp Regulation SOR-2018-145
80.0m
Minimum Setback for storage area from Streetline,
Lot Line of an adjacent lot with a Residential Use
30.0m
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RE
5.3
RURAL EMPLOYMENT ZONE
5.3.1
Permitted Uses
a) Agriculture-related use;
b) Agricultural use that does not involve the keeping of livestock;
c) Building supply and service establishment;
d) Commercial self storage;
e) Construction trade and retail establishment;
f) Contractor's establishment;
g) Custom workshop;
h) Farm supply and service establishment;
i) Fuel storage tank establishment;
j) Kennel;
k) Manufacturing, assembly, processing and fabrication establishment;
l) Vehicle service and repair shop;
m) Vehicle body shop;
n) Veterinarian's clinic;
o) Warehouse;
p) Wholesaling establishment; and
q) Uses, buildings and structures accessory to the foregoing uses.
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5.3.2
Zone Requirements for Rural Employment Uses
Minimum Lot Frontage
30.0m
Minimum Lot Area
0.4ha
Minimum Front Yard
14.0m
Minimum Interior Side Yard
6.0m
Minimum Corner Side Yard
14.0m
Minimum Rear Yard
7.5m
Maximum Building Height
12.0m
Maximum Lot Coverage
60%
Maximum Building Height
12.0m
5.3.3
Zone Requirements for a Kennel
Minimum Lot Frontage
100.0m
Minimum Lot Area
2.0ha
Minimum Front Yard
20.0m
Minimum Interior Side Yard
15.0m
Minimum Corner Side Yard
20.0m
Minimum Rear Yard
25.0m
Maximum Building Height
12.0m
Maximum Lot Coverage
10%
Minimum Setback from a Dwelling on an Adjacent Lot
150m
5.3.4
Zone Requirements for Agriculture-Related Uses
Please refer to Section 3.2.1
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RE-CAN
5.3.
RURAL EMPLOYMENT ZONE - CANNABIS
Subject to the general provisions of Section 3 and all other applicable requirements of
this By-law, the provisions of this section shall apply throughout the Rural Employment
Zone- Cannabis (RE-CAN).
5.3.A.1
Permitted Uses
a) Cannabis-Related Use - Indoor; and
b) Industrial Hemp-Related Use - Indoor;
A retail store is not permitted as an accessory use to any of the permitted uses listed in
this section.
5.3.A.2
Zone Requirements for Permitted Use
Minimum Lot Frontage
30.0m
Minimum Lot Area
0.2ha
Maximum Lot Coverage
60%
Minimum Front Yard
14.0m
Minimum Exterior Side Yard
14.0m
Minimum Side Yard
6.0m, except where adjacent to a
Residential Zone, in which case the
minimum Side Yard shall be 9.0m
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107
Minimum Rear Yard
7.5m, except where adjacent to a
Residential Zone, in which case the
minimum Rear Yard shall be 15.0m
5.3.A.3
Additional Zone Requirements for Permitted Uses
a) Notwithstanding Section 5.3.A.2, no minimum Side Yard or Rear Yard shall be
required adjacent to a railway spur.
b) Outside storage shall only be permitted within a Rear Yard which is screened from
public view.
c) A landscaped amenity area of a minimum width of 3.0m shall be provided adjacent
to any Residential Zone or Commercial Zone or a Street that abuts the Side Yard
or Rear Yard.
d) Exterior lighting and illuminated signage shall be directed away from any adjacent
Residential Zone.
e) Required loading spaces shall not be located in any Front Yard or any Yard
adjacent to a Residential Zone.
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CR
5.4
COMMERCIAL RURAL ZONE
5.4.1
Permitted Uses
a) Building supply and service establishment;
b) Custom workshop;
c) Farm supply and service establishment;
d) Farm produce market;
e) Service shop;
f) Short term accommodation;
g) Vehicle fuel station (gas bar);
h) Vehicle service and repair establishment;
i) Vehicle sales and rental establishment;
j) Veterinarian's clinic; and
k) Uses, buildings and structures accessory to the foregoing uses.
5.4.2
Zone Requirements for Commercial Rural Uses
Minimum Lot Frontage
30.0m
Minimum Lot Area
0.4ha
Minimum Front Yard
7.5m
Minimum Interior Side Yard
6.0m
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Minimum Corner Side Yard
7.5m
Minimum Rear Yard
7.5m
Maximum Lot Coverage
30%
Maximum Building Height
12.0m
Maximum Gross Floor Area
50% of lot area
5.4.3
Zone Requirements for Short-Term Accommodation
Please refer to Section 3.30
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MAR
5.5
MINERAL AGGREGATE RESOURCE ZONE
5.5.1
Permitted Uses
a) Agricultural use;
b) Agriculture-related use;
c) On-farm diversified use;
d) Mineral aggregate resource operation; and
e) Uses, buildings and structures accessory to the foregoing uses.
5.5.2
Zone Requirements for Mineral Aggregate Resource Uses
Minimum Lot Frontage
100.0m
Minimum Lot Area
20ha
Minimum Front Yard
20.0m*
Minimum Interior Side Yard
20.0m*
Minimum Corner Side Yard
20.0m*
Minimum Rear Yard
20.0m*
*Where lands are licensed for mineral aggregate extraction under the Aggregate
Resources Act (ARA), the setbacks established in the approved ARA site plan shall
prevail.
5.5.3
Zone Requirements for Agriculture-Related and On-Farm Diversified
Use
Please refer to Section 3.2
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SECTION 6: RESIDENTIAL ZONES
The following zoning categories are described in this section:
R1
Residential One Zone
RM1 Residential Multiple One Zone
Permitted Uses:
Permitted Uses:
- Single detached dwelling;
- Semi-detached dwelling;
- Bed and breakfast establishment;
- Additional Residential Units (ARUs);
- Home occupation; and
- Uses, buildings and structures
accessory to the foregoing uses.
- Semi-detached dwelling;
- Duplex dwelling;
- Triplex dwelling;
- Fourplex dwelling;
- Boarding house dwelling;
- Converted dwelling;
- Street townhouse dwelling;
- Block townhouse dwelling;
- Additional Residential Units (ARUs); and
- Uses, buildings and structures accessory
to the foregoing uses.
R2
Residential Two Zone
RM2 Residential Multiple Two Zone
Permitted Uses:
Permitted Uses:
- Single detached dwelling;
- Semi-detached dwelling;
- Duplex dwelling;
- Bed and breakfast establishment;
- Additional Residential Units (ARUs);
- Home occupation; and
- Uses, buildings and structures
accessory to the foregoing uses.
- Apartment dwelling; and
- Uses, buildings and structures accessory
to the foregoing uses.
R3
Residential Three Zone
RD
Residential Development Zone
Permitted Uses:
Permitted Uses:
- Semi-detached dwelling;
- Duplex dwelling;
- Triplex dwelling;
- Additional Residential Units (ARUs);
- Home occupation; and
- Uses, buildings and structures
accessory to the foregoing uses.
- Existing single detached dwelling;
- Uses, buildings and structures accessory
to the foregoing uses; and
- Uses existing at the time of the passing of
the by-law.
RR Rural Residential Zone
Permitted Uses:
- Single detached dwelling;
- Additional Residential Units (ARUs);
- Home occupation and
- Uses, buildings and structures
accessory to the foregoing uses.
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R1
6.1
RESIDENTIAL ONE ZONE
6.1.1
Permitted Uses
a) Single detached dwelling;
b) Semi-detached dwelling;
c) Bed and breakfast establishment;
d) Home occupation;
e) Additional Residential Units (ARUs); and
f) Uses, buildings and structures accessory to the foregoing uses.
6.1.2
Zone Requirements for a Single Detached Dwelling
Minimum Lot Frontage
15.0m
Minimum Lot Area
420m2
Minimum Front Yard
3.0m except 6.0m where there is an attached garage
Minimum Side Yard
1.2m
Minimum Corner Side Yard
3.0m
Minimum Rear Yard
7.5m
Maximum Height for a Dwelling
12.0m
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Maximum Lot Coverage
50%
6.1.3
Zone Requirements for a Semi-Detached Dwelling
Minimum Lot Frontage
6.0m per dwelling unit
Minimum Lot Area
165m2 per dwelling unit
Minimum Front Yard
3.0m except 6.0m where there is an attached garage
Minimum Side Yard
1.2m except that no interior side yard shall be required for a
semi-detached dwelling between the common vertical wall
dividing one unit from another.
Minimum Corner Side Yard
3.0m except where no attached garage or carport is provided
the minimum corner side yard shall be 5.5m
Minimum Rear Yard
7.5m
Maximum Building Height
12.0m
Maximum Lot Coverage
50%
6.1.4
Zone Requirements for a Bed and Breakfast Establishment
Please refer to Section 3.3
6.1.5
Zone Requirements for a Home Occupation
Please refer to Section 3.13.1
6.1.6
Zone Requirements for Additional Residential Units (ARUs)
Please refer to Section 3.29
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R2
6.2
RESIDENTIAL TWO ZONE
6.2.1
Permitted Uses
a) Single detached dwelling;
b) Duplex dwelling;
c) Semi-detached dwelling;
d) Bed and breakfast establishment in a single detached dwelling;
e) Home occupation;
f) Additional Residential Units (ARUs); and
g) Uses, buildings and structures accessory to the foregoing uses.
6.2.2
Zone Requirements for a Single Detached Dwelling
Minimum Lot Frontage
12.0m
Minimum Lot Area
360m2
Minimum Front Yard
3.0m except 6.0m where there is an attached garage
Minimum Side Yard
1.2m
Minimum Corner Side Yard
3.0m
Minimum Rear Yard
7.5m
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Maximum Building Height
12.0m
Maximum Lot Coverage
50%
6.2.3
Zone Requirements for a Semi-Detached Dwelling
Minimum Lot Frontage
6.0m per dwelling unit
Minimum Lot Area
165m2 per dwelling unit
Minimum Front Yard
3.0m except 6.0m where there is an attached garage
Minimum Side Yard
1.2m except that no interior side yard shall be required for a
semi-detached dwelling between the common vertical wall
dividing one unit from another.
Minimum Corner Side Yard
3.0m except where no attached garage or carport is provided
the minimum corner side yard shall be 5.5m
Minimum Rear Yard
7.5m
Maximum Building Height
12.0m
Maximum Lot Coverage
50%
6.2.4
Zone Requirements for a Duplex Dwelling
Minimum Lot Frontage
14.0
Minimum Lot Area
400m2
Minimum Front Yard
3.0m except 6.0m where there is an attached garage
Minimum Side Yard
1.2m
Minimum Corner Side Yard
4.5m
Minimum Rear Yard
7.5m
Maximum Building Height
12.0m
Maximum Lot Coverage
50%
6.2.5
Zone Requirements for a Bed and Breakfast Establishment
Please refer to Section 3.3
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6.2.6
Zone Requirements for a Home Occupation
Please refer to Section 3.13.1
6.2.7
Zone Requirements for Additional Residential Units (ARUs)
Please refer to Section 3.29
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R3
6.3
RESIDENTIAL THREE ZONE
6.3.1
Permitted Uses
a) Semi-detached dwelling;
b) Duplex Dwellings;
c) Triplex dwelling;
d) Home occupation;
e) Additional Residential Units (ARUs); and
f) Uses, buildings and structures accessory to the foregoing uses.
6.3.2
Zone Requirements for a Semi-Detached Dwelling
Minimum Lot Frontage
6.0m per dwelling unit
Minimum Lot Area
165m2 per dwelling unit
Minimum Front Yard
3.0m except 6.0m where there is an attached garage
Minimum Side Yard
1.2m except that no interior side yard shall be required for a
semi-detached dwelling between the common vertical wall
dividing one unit from another.
Minimum Corner Side Yard
3.0m except where no attached garage or carport is
provided the minimum corner side yard shall be 5.5m
Minimum Rear Yard
7.5m
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Maximum Building Height
12.0m
Maximum Lot Coverage
50%
6.3.3
Zone Requirements for a Duplex Dwelling
Minimum Lot Frontage
14.0
Minimum Lot Area
400m2
Minimum Front Yard
3.0m
Minimum Side Yard
1.2m
Minimum Corner Side Yard
4.5m
Minimum Rear Yard
7.5m
Maximum Building Height
12.0m
Maximum Lot Coverage
50%
6.3.4
Zone Requirements for a Triplex Dwelling
Minimum Lot Frontage
14.0
Minimum Lot Area
140m2 per unit
Minimum Front Yard
3.0m
Minimum Side Yard
1.2m
Minimum Corner Side Yard
3.0m
Minimum Rear Yard
7.5m
Maximum Building Height
12.0m
Maximum Lot Coverage
50%
6.3.5
Zone Requirements for a Home Occupation
Please refer to Section 3.13.1
6.3.6
Zone Requirements for Additional Residential Units (ARUs)
Please refer to Section 3.29
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RM1
6.4
RESIDENTIAL MULTIPLE ONE ZONE
6.4.1
Permitted Uses
a) Triplex dwelling;
b) Semi-detached dwelling;
c) Duplex dwelling;
d) Fourplex dwelling;
e) Boarding house dwelling;
f) Converted dwelling;
g) Street townhouse dwelling;
h) Block townhouse dwelling;
i) Home occupation;
j) Additional Residential Units (ARUs); and
k) Uses, buildings and structures accessory to the foregoing uses.
6.4.2
Zone Requirements for Residential Multiple One Uses
Minimum Lot Frontage
14.0m
6.0m per dwelling unit for semi-detached dwellings
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Minimum Lot Area
140m2 per unit
Minimum Front Yard
3.0m except 6.0m where there is an attached garage
Minimum Side Yard
1.2m
Minimum Corner Side Yard
3.0m
Minimum Rear Yard
7.5m
Maximum Building Height
12.0m
Maximum Lot Coverage
50%
6.4.3
Zone Requirements for a Street Townhouse Dwelling
Minimum Lot Frontage
6.0m per dwelling unit, except in the case of an interior
lot containing a dwelling attached on one side only, the
minimum lot frontage required shall be 9.0m
Minimum Lot Area
230m2 per unit
Minimum Front Yard
3.0m
Minimum Side Yard
1.2m
Minimum Corner Side Yard
3.0m
Minimum Rear Yard
7.5m
Maximum Building Height
12.0m
Landscape strip
A landscape strip of 1.5m minimum in width shall be
provided where the boundary of a RM1 Zone abuts an
R1, R2 or R3 Zone
Maximum Lot Coverage
50%
6.4.4
Zone Requirements for a Block Townhouse Dwelling
Minimum Lot Frontage
30.0m or 14.0m on a corner lot
Minimum Lot Area
2,000m2
Minimum Front Yard
3.0m
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Minimum Side Yard
1.2m, except that where the rear of a building faces the side
yard, the minimum side yard shall be 7.5m, and the minimum
side yard abutting a street shall be 7.5m
Minimum Corner Side Yard
3.0m
Minimum Rear Yard
7.5m
Maximum Building Height
12.0m
Minimum Setback from an
Internal Road
3.0m except for garages where it is 6.0m
Maximum Setback from an
Internal Road
4.5m
Distance Between
Buildings on the Same Lot
FACE OF A BUILDING means one or other of the longest walls
on a building.
SIDE OF A BUILDING means one or the other of the shortest
walls on a building.
Each building shall be deemed to have two faces.
Any face of one townhouse shall be no closer to any side of
another townhouse than 9.0m.
Any face of any townhouse shall be no closer than 14.0m to any
face of another townhouse.
Any side of any townhouse shall be no closer than 3.0m to any
side of another townhouse.
Landscape strip
A landscape strip of 1.5m minimum in width shall be provided
where the boundary abuts a R1, R2, or R3 Zone.
Maximum Lot Coverage
50%
6.4.5
Zone Requirements for a Home Occupation
Please refer to Section 3.13.1
6.4.6
Zone Requirements for Additional Residential Units (ARUs)
Please refer to Section 3.29
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RM2
6.5
RESIDENTIAL MULTIPLE TWO ZONE
6.5.1
Permitted Uses
a) Apartment dwelling; and
b) Uses, buildings and structures accessory to the foregoing uses.
6.5.2
Zone Requirements
Minimum Lot Frontage
30.0m
Minimum Lot Area
150m2 per unit
Minimum Front Yard
3.0m
Minimum Side Yard
6.0m or ½ the height of the building, whichever is less
Minimum Corner Side Yard
3.0m to 6.0m
Minimum Rear Yard
12.0m
Maximum Building Height
15.0m
Maximum Lot Coverage
50%
Landscape strip
A landscape strip of 2.4m minimum in width shall be
provided where the boundary of a RM2 Zone abuts a R1,
R2, or R3 Zone.
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RD
6.6
RESIDENTIAL DEVELOPMENT ZONE
6.6.1
Permitted Uses
a) Existing single detached dwelling;
b) Uses, buildings and structures accessory to the foregoing uses; and
c) Uses existing at the date of passing of the By-law.
6.6.2
Zone Requirements
Minimum Lot Frontage
122.0m or as existing
Minimum Lot Area
4000m2 or as existing
Minimum Front Yard
8.0m
Minimum Side Yard
5.0m
Minimum Corner Side Yard
8.0m
Minimum Rear Yard
8.0m
Maximum Building Height
12.0m
Maximum Lot Coverage
50%
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RR
6.7
RURAL RESIDENTIAL ZONE
6.7.1
Permitted Uses
a) Single detached dwelling;
b) Home occupation;
c) Additional Residential Units (ARUs); and
d) Uses, buildings and structures accessory to the foregoing uses.
6.7.2
Zone Requirements
Minimum Lot Frontage
15.0m or 17.0m on a corner lot
Minimum Lot Area
0.4ha
Minimum Front Yard
3.0m
Minimum Side Yard
1.2m and 3.0m on the other side
1.5m on each side where carport or garage is attached
Minimum Rear Yard
5.0m
Maximum Building Height
12.0m
Maximum Lot Coverage
50%
6.7.3
Zone Requirements for a Home Occupation
Please refer to Section 3.13.1
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6.7.4
Zone Requirements for Additional Residential Units (ARUs)
Please refer to Section 3.29
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SECTION 7: GREENFIELD DEVELOPMENT ZONE
The following zoning categories are described in this section:
GF-R1
New Greenfield Development
Residential One Zone
GF-NC
New Greenfield Development
Neighbourhood Commercial Zone
Permitted Uses:
Permitted Uses:
- Single detached dwelling;
- Semi-detached dwelling;
- Duplex dwelling;
- Triplex dwelling;
- Bed and breakfast establishment in a
single detached dwelling;
- Additional Residential Units (ARUs); and
- Uses, buildings and structures
accessory to the foregoing uses.
- Retail use;
- Service shop;
- Dwelling units above the ground floor;
and
- Uses, buildings and structures
accessory to the foregoing uses.
GF-R2
New Greenfield Development
Residential Two Zone
Permitted Uses:
- Street townhouses;
- Additional Residential Units (ARUs); and
- Uses, buildings and structures
accessory to the foregoing uses.
GF-R3
New Greenfield Development
Residential Three Zone
Permitted Uses:
- Triplex dwelling;
- Fourplex dwelling;
- Street townhouses;
- Block townhouses;
- Stacked townhouses;
- Back-to-back townhouses
- Apartment dwellings;
- Additional Residential Units (ARUs); and
- Uses, buildings and structures
accessory to the foregoing uses.
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GF-R1
7.1
NEW GREENFIELD DEVELOPMENT RESIDENTIAL ONE ZONE
7.1.1
Permitted Uses
a) Single detached dwelling;
b) Semi-detached dwelling;
c) Duplex dwelling;
d) Triplex dwelling;
e) Bed and breakfast establishment in a single detached dwelling;
f) Additional Residential Units (ARUs); and
g) Uses, buildings and structures accessory to the foregoing uses.
7.1.2
Zone Requirements for a Bed and Breakfast Establishment
Please refer to Section 3.3
7.1.3
Zone Requirements for Additional Residential Units (ARUs)
Please refer to Section 3.29
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7.1.4
Zone Requirements Single Detached with Attached Garage
Lot Frontage
The minimum lot frontage shall be 12.0m, with a minimum lot frontage of
15.0m for corner lots.
Lot Depth
The minimum lot depth shall be 32.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever is
less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and 5.0m of
the front lot line.
Side Yards
The minimum side yard shall be 1.2m. The minimum corner side yard
shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 7.5m
Garage
The garage door shall be set back a minimum of 6.0m from the lot line,
or corner side yard lot line. The garage door width shall not exceed a
maximum of 50% of the width of the lot or 6.0m, whichever is less, or, if
facing the corner side lot line, a maximum of 20% of the lot depth.
Porches and
Steps
Porches and associated steps may encroach to within 1.0m of the front
lot line and/or the corner side yard lot line. Porches must have a
minimum depth of 1.5m.
Single Detached with Attached Garage Typologies
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Demonstration Streetscape
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7.1.5
Zone Requirements Single Detached with Detached Garage
Lot Frontage
The minimum lot frontage shall be 12.0m, with a minimum lot
frontage of 13.5m for corner lots.
Lot Depth
The minimum lot depth shall be 32.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever
is less. The height of a detached garage shall not exceed 7.0m or 2
storeys, whichever is less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 1.2m. Where there is a driveway
within the interior side yard, the minimum side yard shall be 3.0m.
The minimum corner side yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 10.5m
Garage
A detached garage shall be set back a minimum of 1.2m from the
interior side lot line and rear lot line. The garage door shall be set
back a minimum of 6.0m from the front lot line or corner side yard.
The garage door width shall not exceed 50% of the lot width, or, if
facing the corner side lot line, 20% of the lot depth.
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must have
a minimum depth of 1.5m.
Single Detached with Detached Garage Typologies
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Demonstration Streetscape
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7.1.6
Zone Requirements Semi-Detached with Attached Garage
Lot Frontage
The minimum lot frontage shall be 9.0m, with a minimum lot
frontage of 12.0m for corner lots.
Lot Depth
The minimum lot depth shall be 32.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever
is less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 1.2m. The minimum corner side
yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 7.5m
Garage
The garage door shall be set back a minimum of 6.0m from the front
lot line. The garage door width shall not exceed 50% of the lot width
or 6.0m, whichever is less, or, if facing the corner side lot line, 20%
of the lot depth.
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must have
a minimum depth of 1.5m.
Semi-Detached with Attached Garage Typologies
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Demonstration Streetscape
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7.1.7
Zone Requirements Semi-Detached with Rear Lane
Lot Frontage
The minimum lot frontage shall be 9.0m, with a minimum lot
frontage of 12.0m for corner lots.
Lot Depth
The minimum lot depth shall be 32.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever
is less. The height of a detached garage shall not exceed 7.0m or 2
storeys, whichever is less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 1.2m. The minimum corner side
yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 10.5m
Garage
The garage shall be set back 1.2m from one side lot line and 0.5m
from the rear lot line.
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must have
a minimum depth of 1.5m.
Semi-Detached with Rear Lane Typologies
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Demonstration Streetscape
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7.1.8
Zone Requirements Duplex and Triplex with Rear Lane
Lot Frontage
The minimum lot frontage shall be 12.0m, with a minimum lot
frontage of 15.0m for corner lots.
Lot Depth
The minimum lot depth shall be 32.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever
is less. The height of a detached garage shall not exceed 7.0m or 2
storeys, whichever is less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 1.2m. The minimum corner side
yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 10.5m
Garage
The garage shall be set back 1.2m from one side lot line and 0.5m
from the rear lot line.
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must have
a minimum depth of 1.5m.
Duplex and Triplex with Rear Lane Typologies
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Demonstration Streetscape
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7.1.9
Zone Requirements Duplex and Triplex with Attached Garage
Lot Frontage
The minimum lot frontage shall be 12.0m, with a minimum lot
frontage of 15.0m for corner lots.
Lot Depth
The minimum lot depth shall be 32.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever
is less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 1.2m. The minimum corner side
yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 7.5m
Garage
The garage shall be set back a minimum of 6.0m from the front lot
line or corner side yard lot line. The garage door width shall not
exceed 50% of the width of the lot or 6.0m, whichever is less, or if
facing the exterior side lot line, a maximum of 20% of the lot depth.
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must have
a minimum depth of 1.5m.
Duplex and Triplex with Attached Garage Typologies
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GF-R2
7.2
NEW GREENFIELD DEVELOPMENT RESIDENTIAL TWO ZONE
7.2.1
Permitted Uses
a) Street townhouses;
b) Additional Residential Units (ARUs); and
c) Uses, buildings and structures accessory to the foregoing uses.
7.2.2
Zone Requirements for Additional Residential Units (ARUs)
Please refer to Section 3.29
7.2.3
Zone Requirements Street Townhouse with Attached Garage
Lot Frontage
The minimum lot frontage shall be 6.0m per unit, with a minimum
frontage of 7.2m for interior end units and 9.0m for exterior end
units.
Lot Depth
The minimum lot depth shall be 29.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever
is less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 1.2m. The minimum corner side
yard shall be 3.0m
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Rear Yard
The minimum rear yard setback shall be 6.0m
Garage
The garage shall be set back a minimum of 6.0m from the front lot
line or corner side yard lot line. The garage door width shall not
exceed 65% of the width of the lot or 6.0m, whichever is less, or if
facing the exterior side lot line, a maximum of 20% of the lot depth.
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must have
a minimum depth of 1.5m.
Street Townhouse with Attached Garage Typologies
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Demonstration Streetscape
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7.2.4
Zone Requirements Street Townhouse with Rear Lane
Lot Frontage
The minimum lot frontage shall be 6.0m per unit, with a minimum
frontage of 7.2m for interior end units and 9.0m for exterior end
units.
Lot Depth
The minimum lot depth shall be 32.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever
is less. The height of a detached garage shall not exceed 7.0m or 2
storeys, whichever is less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 1.2m. The minimum corner side
yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 10.5m
Garage
The garage shall be set back a minimum of 1.2m from one side lot
line and 0.5 from the rear lot line.
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must have
a minimum depth of 1.5m.
Street Townhouse with Rear Lane Typologies
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Demonstration Streetscape
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GF-R3
7.3
NEW GREENFIELD DEVELOPMENT RESIDENTIAL THREE
ZONE
7.3.1
Permitted Uses
a) Triplex dwelling;
b) Fourplex dwelling;
c) Street townhouses;
d) Block townhouses;
e) Stacked townhouses;
f) Back-to-back townhouses;
g) Apartment dwellings;
h) Additional Residential Units (ARUs); and
i) Uses, buildings and structures accessory to the foregoing uses.
7.3.2
Zone Requirements for Additional Residential Units (ARUs)
Please refer to Section 3.29
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7.3.3
Zone Requirements Triplex and Fourplex with Rear Lane
Lot Frontage
The minimum lot frontage shall be 12.0m, with a minimum lot
frontage of 15.0m for corner lots.
Lot Depth
The minimum lot depth shall be 28.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever
is less. The height of a detached garage shall not exceed 7.0m or 2
storeys, whichever is less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 1.2m. The minimum corner side
yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 10.5m
Garage
The garage shall be set back 1.2m from one side lot line and 0.5m
from the rear lot line.
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must have
a minimum depth of 1.5m.
Triplex and Fourplex with Rear Lane Typologies
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Demonstration Streetscape
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7.3.4
Zone Requirements Duplex and Triplex with Attached Garage
Lot Frontage
The minimum lot frontage shall be 12.0m, with a minimum lot
frontage of 15.0m for corner lots.
Lot Depth
The minimum lot depth shall be 28.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever
is less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 1.2m. The minimum corner side
yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 7.5m
Garage
The garage shall be set back a minimum of 6.0m from the front lot
line or corner side yard lot line. The garage door width shall not
exceed 50% of the width of the lot or 6.0m, whichever is less, or if
facing the exterior side lot line, a maximum of 20% of the lot depth.
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must have
a minimum depth of 1.5m.
Triplex and Fourplex with Attached Garage Typologies
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7.3.5
Zone Requirements Street Townhouse with Attached Garage
Lot Frontage
The minimum lot frontage shall be 6.0m per unit, with a minimum
frontage of 7.2m for interior end units and 9.0m for exterior end
units.
Lot Depth
The minimum lot depth shall be 28.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever
is less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 1.2m. The minimum corner side
yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 6.0m
Garage
The garage shall be set back a minimum of 6.0m from the front lot
line or corner side yard lot line. The garage door width shall not
exceed 65% of the width of the lot or 6.0m, whichever is less, or if
facing the exterior side lot line, a maximum of 20% of the lot depth.
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must have
a minimum depth of 1.5m.
Street Townhouse with Attached Garage Typologies
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Demonstration Streetscape
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7.3.6
Zone Requirements Street Townhouse with Rear Lane
Lot Frontage
The minimum lot frontage shall be 6.0m per unit, with a minimum
frontage of 7.2m for interior end units and 9.0m for exterior end
units.
Lot Depth
The minimum lot depth shall be 32.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever
is less. The height of a detached garage shall not exceed 7.0m or 2
storeys, whichever is less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 1.2m. The minimum corner side
yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 10.5m
Garage
The garage shall be set back a minimum of 1.2m from one side lot
line and 0.5 from the rear lot line.
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must have
a minimum depth of 1.5m.
Street Townhouse with Rear Lane Typologies
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Demonstration Streetscape
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7.3.7
Zone Requirements Block Townhouse and Stacked Townhouse
Dwelling
Lot Frontage
The minimum lot frontage shall be 30.0m.
Lot Depth
The minimum lot depth shall be 28.0m
Building Height
The maximum building height shall be 12.0m or 3 storeys, whichever
is less.
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 1.2m. The minimum corner side
yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 6.0m
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must have
a minimum depth of 1.5m.
Parking
Parking shall not be located in the front yard or corner side yard.
Block and Stacked Townhouse Typologies
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Demonstration Streetscape
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7.3.8
Zone Requirements Back-to Back Townhouse Dwelling
Lot Frontage
The minimum lot frontage shall be 6.0m per unit.
Minimum Lot Area
The minimum lot area shall be 110m2 per unit.
Building Height
The maximum building height shall be 12.0m or 3 storeys,
whichever is less.
Front Yard
The main front wall of the dwelling shall be built within 6.0m of
the front lot line.
Side Yards
The minimum side yard shall be 2.0m or 0m to a common wall.
The minimum corner side yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 0m.
Minimum Ground Floor
Area for Dwelling
88m2 - 1 Storey
22m2 - 2 or 3 Storey
Porches and Steps
Porches and associated steps may encroach to within 1.0m of the
front lot line and/or the corner side yard lot line. Porches must
have a minimum depth of 1.5m.
Back-to Back Townhouse Typologies
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7.3.9
Zone Requirements Apartment
Lot Frontage
The minimum lot frontage shall be 30.0m.
Lot Depth
The minimum lot depth shall be 32.0m
Building Height
The maximum building height shall be 5 storeys
Front Yard
The main front wall of the dwelling shall be built within 3.0m and
5.0m of the front lot line.
Side Yards
The minimum side yard shall be 3.0m. The minimum corner side
yard shall be 3.0m
Rear Yard
The minimum rear yard setback shall be 7.5m
Apartment Typologies
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Demonstration Streetscape
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GF-NC
7.4
NEW GREENFIELD DEVELOPMENT NEIGHBOURHOOD
COMMERCIAL ZONE
7.4.1
Permitted Uses
a) Retail use;
b) Service shop;
c) Uses, buildings and structures accessory to the foregoing uses; and
d) Dwelling units above ground floor, commercial use.
7.4.2
Zone Requirements
Building Height
The building height shall be a maximum of 12.0m.
Front Yard
The main front wall shall be built within 3.0m and 4.5m from the front lot
line.
Side Yards
There is no minimum required side yard abutting a Commercial Zone. A
minimum side yard of 4.5m is required when abutting a Residential or
Institutional Zone. The minimum corner side yard is 3.0m.
Rear Yard
There is no minimum required rear yard abutting a Commercial Zone
where access is available to the rear of the building on said lot by means
of a public or private lane. A minimum rear yard of 6.0m is required
when abutting a Commercial Zone where no access is available to the
rear of said building, except by means of a yard. A minimum rear yard of
10.5m is required where the building contains residential accommodation
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of one or more storeys in height. A minimum rear yard of 10.5m is
required when abutting a Residential or Institutional use or Zone.
Lot Frontage
The minimum lot frontage shall be 15.5m.
Lot Area
The minimum lot area shall be 500m2
Lot Coverage
The maximum lot coverage shall be 50%
Dwelling units shall only be permitted above the ground floor of a commercial use.
A minimum landscaped amenity area of 55m2 shall be provided for each dwelling unit.
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SECTION 8: COMMERCIAL ZONES
The following zoning categories are described in this section:
VC Village Commercial Zone
MS Main Street Zone
Permitted Uses:
Permitted Uses:
- Apartment dwellings;
- Bakery;
- Cultural use;
- Dwelling unit(s) above a commercial use;
- Existing single detached dwelling;
- Hotel;
- Institutional use;
- live-work units;
- Microbrewery;
- Office use;
- Parking facility;
- Parks and urban square;
- Places of entertainment;
- Restaurant;
- Retail use;
- Additional Residential Units (ARUs);
- Service shop;
- Short-term accommodation;
- Townhouses; and
- Uses, buildings and structures accessory to
the foregoing uses.
- Bakery;
- Cultural use;
- Dwelling unit(s) above a
commercial use;
- Existing single detached dwelling;
- Hotel;
- Institutional use;
- Live-work unit;
- Microbrewery;
- Office use;
- Parking facility;
- Parks and urban square;
- Places of entertainment;
- Restaurant;
- Retail use;
- Additional Residential Units
(ARUs);
- Service shop;
- Short-term accommodation; and
- Uses, buildings and structures
accessory to the foregoing uses.
NC Neighbourhood Commercial Zone TS Town Square Zone
Permitted Uses:
Permitted Uses:
- Bakery;
- Dwelling unit(s) above a commercial use;
- Retail use;
- Service shop;
- Short-term accommodation; and
- Uses, buildings and structures accessory to
the foregoing uses.
- Cultural use;
- Dwelling unit(s) above a
commercial use;
- Hotel;
- Institutional use;
- Microbrewery;
- Office use;
- Parking facility;
- Parks and urban square;
- Places of entertainment;
- Restaurant;
- Retail Use;
- Service Shop
- Short-term accommodation; and
- Uses, buildings and structures
accessory to the foregoing uses.
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DC Downtown Corridor Zone
Permitted Uses:
- Apartment dwellings;
- Bakery;
- Cultural use;
- Daycare centre;
- Drive-thru service facility;
- Dwelling unit(s) above a commercial use;
- Gymnasiums/fitness centre;
- Hotel;
- Institutional use;
- Microbrewery;
- Office use;
- Retail use;
- Parking facility;
- Parks and urban square;
- Places of entertainment;
- Restaurant;
- Service shop;
- Shopping centre;
- Short-term accommodation;
- Vehicle fuel station (gas bar);
- Vehicle service and repair establishment; and
- Uses, buildings and structures accessory to the foregoing uses.
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VC
8.1
VILLAGE COMMERCIAL ZONE
8.1.1
Permitted Uses
a) Apartment dwellings;
b) Bakery;
c) Cultural use;
d) Dwelling unit(s) above a commercial use;
e) Existing single detached dwelling;
f) Hotel;
g) Institutional use;
h) Microbrewery;
i) Office uses;
j) Parking facility;
k) Parks and urban square;
l) Places of entertainment;
m) Restaurant;
n) Retail use;
o) Additional Residential Units (ARUs);
p) Service shop;
q) Short-term accommodation;
r) Townhouses and live-work units; and
s) Uses, buildings and structures accessory to the foregoing uses.
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8.1.2
Zone Requirements for Additional Residential Units (ARUs) within an
Existing Single Detached Dwelling
Please refer to Section 3.29.1
8.1.3
Zone Requirements for Short-Term Accommodation
Please refer to Section 3.30
8.1.4
Zone Requirements for Apartment Dwellings
Please refer to Section 6.5.2. For a landmark site, the height requirement for an
apartment dwelling shall be in accordance with Section 8.1.5.
8.1.5
Zone Requirements for Townhouse Dwellings
Please refer to Sections 7.3.5 and 7.3.6 for Street Townhouses, Section 7.3.7 for Block
Townhouses, Section 7.3.7 for Stacked Townhouses, and Section 7.3.8 for Back-to-Back
Townhouses.
8.1.6
Zone Requirements
Building Height
The building height shall be a maximum of 9.0m and 2 storeys.
Front Yard
The main front wall of the structure shall be built between 1.0-5.0m
from the front lot line.
Side Yards
The minimum side yard shall be 0.6m and a maximum of 1.2m.
The minimum side yard with a driveway is 3.0m unless shared.
The main corner side wall shall be built within 1.-5.0m of the exterior
side lot line.
Rear Yard
The minimum rear yard setback shall be 6.0m.
Retail Frontage
The maximum retail frontage of individual businesses shall not exceed
14.0m.
Retail Store GFA
The maximum retail GFA of individual businesses shall not exceed
500m2
First Floor Window
Height
0.3m - 0.6m
First Floor Glazing
The first floor glazing shall be a minimum of 50% of the front wall,
except for standalone residential uses, where there is no glazing
requirement.
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First Floor Height
The first floor height shall be a minimum of 3.0m.
Landmark Sites
The minimum height for Landmark Sites shall be 13.0m or 3 storeys,
whichever is greater and the maximum height shall be the lesser of
16.0m or 4 storeys. There shall be a minimum step back of 2.0m on
the 3rd and 4th storey.
Village Commercial Typologies
Demonstration Streetscape
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MS
8.2
MAIN STREET ZONE
8.2.1
Permitted Uses
a) Bakery;
b) Cultural uses;
c) Dwelling unit(s) above a commercial use;
d) Existing single detached dwellings;
e) Hotels;
f) Institutional uses;
g) Live-work units;
h) Microbreweries
i) Office uses;
j) Parking facilities;
k) Parks and urban squares;
l) Places of entertainment;
m) Residential apartments located above the first floor;
n) Restaurants;
o) Retail uses;
p) Additional Residential Units (ARUs);
q) Service shop;
r) Short-term rental accommodations; and
s) Uses, buildings and structures accessory to the foregoing uses.
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8.2.2
Zone Requirements for Additional Residential Units (ARUs) within an
Existing Single Detached Dwelling
Please refer to Section 3.29.1
8.2.3
Zone Requirements for Short-Term Accommodation
Please refer to Section 3.30
8.2.4
Zone Requirements
Building Height
The building height shall be a minimum of 9.0m and 2 storeys.
The building height shall be a maximum of 13.0m or 3 storeys,
whichever is less.
Front Yard
The main front wall shall occupy a minimum of 75% of the lot frontage
and be built within 0-3.0m of the front lot line.
Side Yards
There is no minimum interior side yard requirement. The minimum
side yard with a driveway is 3.0m. The main exterior side wall shall be
built within 0-3.0m of the corner side lot line.
Rear Yard
The minimum rear yard setback shall be 6.0m.
Angular Plane
A 45˚angular plane shall be established from the rear yard lot line
where abutting a residential use. A 60˚angular plane shall be
established from 7.5m above the side yard lot line where abutting a
residential use.
Retail Frontage
The maximum retail frontage of individual businesses shall not exceed
12.0m.
Retail Store GFA
The maximum retail GFA of individual businesses shall not exceed
500m2 on Pelham St. and 2500m2 on Regional Road 20.
First Floor Window
Height
0.3m - 0.6m
First Floor Glazing
The first floor glazing shall be a minimum of 75% of the front wall and
the exterior side wall for a distance of 10.0m from the front wall.
First Floor Height
The first floor height shall be a minimum of 3.0m.
Landmark Sites
The minimum height for Landmark Sites shall be 13.0m or 3 storeys,
whichever is greater and the maximum height shall be the lesser of
16.0m or 4 storeys. There shall be a minimum step back of 2.0m on
the 3rd and 4th storey.
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Main Street Typologies
Demonstration Streetscape
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TS
8.3
TOWN SQUARE ZONE
8.3.1
Permitted Uses
a) Cultural use;
b) Dwelling unit(s) above a commercial use;
c) Hotel;
d) Institutional use;
e) Microbrewery;
f) Office use;
g) Parking facility;
h) Parks and urban square;
i) Places of entertainment;
j) Residential apartments located above the first floor;
k) Restaurant;
l) Retail Use;
m) Service shop;
n) Short-term accommodation; and
o) Uses, buildings and structures accessory to the foregoing uses.
8.3.2
Zone Requirements for Short-Term Accommodation
Please refer to Section 3.30
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8.3.3
Zone Requirements
Building Height
The building height shall be a minimum of 13.0m and 3 storeys.
The building height shall be a maximum of 20.5m and 5 storeys.
Front Yard
The main front wall shall occupy a minimum of 75% of the lot frontage
and be built within 0-3.0m of the front lot line.
Side Yards
There is no minimum interior side yard requirement. The minimum
side yard with a driveway is 3.0m. The main exterior side wall shall be
built within 0-3.0m of the exterior side lot line.
Rear Yard
The minimum rear yard setback shall be 6.0m. For lots surrounding
Peace Park, a minimum of 2.0m is permitted
Step Backs
There shall be a minimum step back of 1.5m above the 3rd storey for
buildings of 4 or more storeys.
Angular Plane
A 45˚angular plane shall be established from the rear yard lot line
where abutting a residential use. A 60˚angular plane shall be
established from 7.5m above the side yard lot line where abutting a
residential use.
Retail Frontage
The maximum retail frontage of individual businesses shall not exceed
12.0m.
Retail Store GFA
The maximum retail GFA of individual businesses shall not exceed
500m2 on Pelham St. and 2500m2 on Regional Road 20.
First Floor Window
Height
0.3m - 0.6m
First Floor Glazing
The first floor glazing shall be a minimum of 75% of any walls facing
streets or public spaces for retail uses, and 50% of any walls facing
streets or public spaces for all other uses.
First Floor Height
The first floor height shall be a minimum of 4.5m.
Landmark Sites
The minimum height for Landmark Sites shall be 14.5 or 3 storeys,
whichever is greater and the maximum height shall be the lesser of
20.5m or 5 storeys. There should be a minimum step back of 2.0m on
the 4th storey.
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Town Square Typologies
Demonstration Streetscape
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DC
8.4
DOWNTOWN CORRIDOR ZONE
8.4.1
Permitted Uses
a) Apartment dwellings;
b) Bakery;
c) Cultural use;
d) Daycare centre;
e) Drive-thru service facility;
f) Dwelling unit(s) above a commercial use;
g) Gymnasiums/fitness centre;
h) Hotel;
i) Institutional use;
j) Microbrewery;
k) Office use;
l) Retail use;
m) Parking facility;
n) Parks and urban square;
o) Places of entertainment;
p) Restaurant;
q) Service shop;
r) Shopping centre;
s) Short-term accommodation;
t) Vehicle fuel station (gas bar);
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u) Vehicle service and repair establishment; and
v) Uses, buildings and structures accessory to the foregoing uses.
8.4.2
Zone Requirements for Short-Term Accommodation
Please refer to Section 3.30
8.4.3
Zone Requirements for Apartment Dwellings
Please refer to Section 6.5.2. For a landmark site, the height requirement for an
apartment dwelling shall be in accordance with Section 8.4.4, Landmark Sites.
8.4.4
Zone Requirements
Building
Height
The building height shall be a minimum of 10.0m and 2 storeys.
The building height shall be a maximum of 20.5m and 5 storeys, whichever
is less.
Front Yard
The main front wall shall occupy a minimum of 60% of the lot frontage and
be built within 0-3.0m of the front lot line.
Side Yards
There is no minimum interior side yard requirement. The minimum side
yard with a driveway is 6.0m from the side yard lot line or if shared 3.0m.
The main exterior side wall shall occupy a minimum of 60% of the exterior
lot frontage and be built within 0-3.0m of the exterior side lot line.
Rear Yard
The minimum rear yard setback shall be 6.0m from the lot line.
Step Backs
There shall be a minimum step back of 1.5m above the 3rd storey through
6th storey.
Angular Plane
A 45˚angular plane shall be established from the rear yard lot line where
abutting a residential use. A 60˚angular plane shall be established from 7.5
m above the side yard lot line where abutting a residential use.
Retail
Frontage
The maximum retail frontage of individual businesses shall not exceed
12.0m.
Retail Store
GFA
The maximum retail GFA of individual businesses shall not exceed 500m2 on
Pelham St. and 2500m2 on Regional Road 20.
First Floor
Window Ht.
0.3m - 0.6m
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First Floor
Glazing
The first floor glazing shall be a minimum of 75% of the front wall and
exterior side wall for a distance of 10.0m from the front wall, except for
standalone residential uses, where there is no glazing requirement.
First Floor Ht.
The first floor height shall be a minimum of 4.5m.
Landmark
Sites
The minimum height for Landmark Sites shall be 13.0m or 3 storeys,
whichever is greater and the maximum height shall be the lesser of 23.75m
or 6 storeys. There shall be a minimum step back of 2.0m on the 4th
storey.
Downtown Corridor Typologies
Demonstration Streetscape
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NC
8.5
NEIGHBOURHOOD COMMERCIAL ZONE
8.5.1
Permitted Uses
a) Dwelling unit(s) above a commercial use;
b) Retail use;
c) Service shop;
d) Short term accommodation; and
e) Uses, buildings and structures accessory to the foregoing uses.
8.5.2
Zone Requirements for Short Term Accommodation
Please refer to Section 3.30
8.5.3
Zone Requirements
Building Height
The building height shall be a maximum of 10.0m.
Front Yard
The main front wall shall be built within 4.0-6.0m of the front lot line.
Side Yards
There is no minimum required side yard abutting a Commercial Zone.
A minimum side yard of 4.0m is required when abutting a Residential or
Institutional Zone.
The minimum corner side yard is 3.0m.
Rear Yard
There is no minimum required rear yard abutting a Commercial Zone
where access is available to the rear of the building on said lot by means
of a public or private lane. A minimum rear yard of 6.0m is required when
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abutting a Commercial Zone where no access is available to the rear of
said building, except by means of a yard. A minimum rear yard of 10.5m is
required where the building contains residential accommodation of one or
more storeys in height. A minimum rear yard of 10.5m is required when
abutting a Residential or Institutional use or Zone. The minimum rear
yard setback shall be 6.0m from the lot line.
Lot Frontage
The minimum lot frontage shall be 15.5m.
Lot Area
The minimum lot area shall be 465m2.
Lot Coverage
The maximum lot coverage shall be 50%
Dwelling units shall only be permitted above the ground floor of a commercial use.
A minimum outdoor amenity area of 55m2 shall be provided for each dwelling unit.
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SECTION 9: OTHER ZONES
The following zoning categories are described in this section:
OS Open Space Zone
EP1 Environmental Protection
One Zone
Permitted Uses:
Permitted Uses:
- Conservation and forestry uses;
- Existing cemeteries;
- Municipal, government or public
use;
- Park, private;
- Park, public; and
- Uses, buildings and structures
accessory to the foregoing uses.
- Conservation uses and flood control;
- Existing uses;
- Linear infrastructure;
- Passive recreational trails and facilities; and
- Wildlife management uses.
I
Institutional Zone
EP2 Environmental Protection Two
Zone
Permitted Uses:
Permitted Uses:
- Assembly hall auditorium;
- Apartment dwelling;
- Daycare centre;
- Long term care home;
- Municipal, government or public
use;
- Place of worship;
- Public or private club;
- Retirement home;
- School; and
- Uses, buildings and structures
accessory to the foregoing uses.
- Conservation uses and flood control;
- Existing agricultural uses;
- On-farm diversified agricultural uses;
- Passive recreational trails and facilities; and
- Wildlife management uses.
AP Airport Zone
EP3 Environmental Protection Three
Zone
Permitted Uses:
Permitted Uses:
- Airport; and
- Uses, buildings and structures
accessory to the foregoing use.
- Conservation uses and flood control;
- Existing uses, that were in existence prior to
December 16, 2004;
- Linear infrastructure;
- Passive recreational trails and facilities; and
- Wildlife management uses.
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OS
9.1
OPEN SPACE
9.1.1
Permitted Uses
a) Conservation and forestry uses;
b) Existing cemeteries;
c) Municipal, government or public use;
d) Park, private;
e) Park, public; and
f) Uses, buildings and structures accessory to the foregoing uses.
9.1.2
Zone Requirements for Open Space Uses
Minimum Lot Frontage
15.0m
Minimum Front Yard
8.0m
Minimum Interior Side Yard
4.5m
Minimum Corner Side Yard
5.0m
Minimum Rear Yard
7.5m
Maximum Lot Coverage
10%
Maximum Building Height
12.0m
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I
9.2
INSTITUTIONAL ZONE
9.2.1
Permitted Uses
a) Apartment dwelling, only when built in conjunction with a permitted institutional
use;
b) Additional needs housing;
c) Institutional uses;
d) Assembly hall auditorium;
e) Public service facilities
f) Public or private club;
g) and
h) Uses, buildings and structures accessory to the foregoing uses.
9.2.2
Zone Requirements for Institutional Uses
Minimum Lot Frontage
30.0m or as existing
Minimum Lot Area
0.15ha or as existing
Minimum Front Yard
0.0m
Minimum Interior Side Yard
3.0m
Minimum Corner Side Yard
3.0m
Minimum Rear Yard
7.5m
Maximum Lot Coverage
80%
Maximum Building Height
12.0m
9.2.3
Zone Requirements for Apartment Dwelling
Minimum Lot Frontage
30.0m
Minimum Lot Area
150m2 per unit or 0.2ha, whichever is greater
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Minimum Front Yard
3.0m
Maximum Front Yard
6.0m
Minimum Side Yard
7.5m or ½ the height of the building, whichever is less
Minimum Corner Side Yard
3.0m to 6.0m
Minimum Rear Yard
12.0m
Maximum Building Height
15.0m
Maximum Lot Coverage
40%
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AP
9.3
AIRPORT ZONE
9.3.1
Permitted Uses
a) Airport; and
b) Uses, buildings and structures accessory to the foregoing use.
9.3.2
Zone Requirements
Minimum Front Yard
15.0m
Minimum Interior Side Yard
7.5m
Minimum Corner Side Yard
15.0m
Minimum Rear Yard
7.5m
Maximum Building Height
12.0m
Minimum Lot Coverage
50%
Minimum Setback from Residential Zone
15.0m
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EP1
9.4
ENVIRONMENTAL PROTECTION ONE ZONE
9.4.1
Permitted Uses
a) Conservation uses and flood control;
b) Existing uses;
c) Linear infrastructure;
d) Passive recreational trails and facilities; and
e) Wildlife management uses.
9.4.2
Zone Requirements for Environmental Protection One Uses
a) An existing use shall be a use which was legally established prior to the effective
date of this By-law.
b) Existing uses not otherwise permitted in the EP1 Zone are subject to Section 3.22:
Non-Conforming Uses.
c) All new buildings or structures located in proximity to the EP1 Zone are subject to
Section 3.31.1.
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EP2
9.5
ENVIRONMENTAL PROTECTION TWO ZONE
9.5.1
Permitted Uses
a) Bed and breakfast;
b) Conservation uses and flood control;
c) Existing agricultural use;
d) Linear infrastructure;
e) On-farm diversified agricultural use;
f) Passive recreational trails and facilities;
g) Wildlife management uses; and
h) Uses, buildings and structures accessory to the foregoing uses.
9.5.2
Zone Requirements for Environmental Protection Two Uses
a) An existing use shall be a use which was legally established prior to the effective
date of this By-law.
b) Existing uses not otherwise permitted in the EP2 Zone are subject to Section 3.22:
Non-Conforming Uses.
c) All new buildings or structures located in proximity to the EP2 Zone are subject to
Section 3.32.1.
9.5.3
Zone Requirements for an On-Farm Diversified Use
Please refer to Section 3.2.2
9.5.4
Zone Requirements for a Bed and Breakfast Establishment
Please refer to Section 3.3
9.5.5
Zone Requirements for an Agricultural Use
Please refer to Section 5.1
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EP3
9.6
ENVIRONMENTAL PROTECTION THREE ZONE
9.6.1
Permitted Uses
a) Conservation uses and flood control;
b) Existing use that was existing prior to December 16, 2004;
c) Linear infrastructure;
d) Passive recreational trails and facilities;
e) Wildlife management uses; and
9.6.2
Zone Requirements for Environmental Protection Three Zone
a) An existing use which was legally established prior to December 6, 2004.
b) Existing uses not otherwise permitted in the EP3 Zone are subject to Section 3.22:
Non Conforming Uses.
c) All new buildings or structures located in proximity to the EP3 Zone are subject to
Section 3.31.2.
d) A new single detached dwelling shall be permitted on an existing vacant lot
provided the vacant lot existed prior to December 6, 2004.
9.6.3
Zone Requirements for an Agricultural Use
Please refer to Section 5.1
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SECTION 10: EXCEPTIONS
SA-1: 2695 Victoria Avenue (Regional Road 24)
*formerly A-37*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a farm supply and service establishment and such use shall be subject to the zone
requirements in the Commercial Rural Zone (Section 5.4).
SA-2: 856 Sawmill Road
*formerly A-98 & H-98*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a golf course and uses, buildings and structures accessory thereto.
SA-3: 2610 Maple Street
*formerly A-239*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a golf driving range with one accessory building to contain a golf ball dispensing machine
only and the following special regulations shall apply thereto:
Maximum gross floor area of accessory building
10.0m2
Parking and access
as existing
No lighting is permitted.
Minimum Lot Frontage
186.0m
Minimum Lot Area
6.5ha
Maximum Lot Coverage
0.5%
Minimum Front Yard
10.0m
Minimum Side Yard
15.0m
Minimum Corner Side Yard
60.0m
Minimum Rear Yard
15.0m
Maximum Building Height
3.7m
SA-4: 2325 Victoria Avenue (Regional Road No. 24)
*formerly A-95*
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In addition to the uses permitted in the Specialty Agricultural Zone, this land may also
be used for a campground and open air recreational uses such as hiking, cross country
skiing, horseback riding, pleasure snowmobiling and uses, buildings and structures
accessory thereto.
SA-5: 2355 Cream Street
*formerly A-63*
In addition to the uses permitted in the Specialty Agricultural Zone, this land may also
be used for a fire hall and uses, buildings and structures accessory thereto.
SA-6: 597 Sixteen Road
*formerly A-39*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a vehicle body shop, a vehicle service and repair establishment, a vehicle sales and
rental establishment, light manufacturing and warehousing within wholly enclosed
buildings and uses, buildings and structures accessory thereto.
SA-7: 895 Tice Road
*formerly A-60*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
automotive glass sales and services and uses, buildings and structures accessory
thereto.
SA-8: 1732 Cream Street
*formerly A-277*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a secondary dwelling unit designated under the Ontario Heritage Act, as amended.
SA-9: 569 Highway 20 West (Regional Road no. 20), w/s Cream Street and
630 Highway 20 West (Regional Road no. 20)
*formerly A-142 & A-112*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
an existing golf course and uses, buildings and structures accessory thereto.
SA-10: 922 Highway 20 West (Regional Road No. 20)
*formerly A-109*
In addition to the uses in the Specialty Agricultural Zone, this land may also be uses for
a motor fuel retail outlet (gas bar) and convenience retail store containing one accessory
dwelling unit and the following special regulations apply:
Motor Fuel Retail Outlet
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Minimum Front Yard
5.0m
Minimum Side Yard
30m from easterly and westerly zone lines
Minimum Rear Yard
30m from northerly zone line
Convenience Retail Store
Minimum Front Yard
5.4m
Minimum Side Yard
30m from westerly zone line 27m from easterly zone line
Minimum Rear Yard
30m from northerly zone line
SA-11: 1350 Maple Street
*formerly A-01*
In addition to the uses in the Specialty Agricultural Zone, this land shall also be used for
a vehicle repair shop, light manufacturing, assembly, processing and fabrication,
warehouse and uses buildings and structures accessory thereto but does not include the
warehouse of food-stuff or the manufacture and warehouse of explosive materials.
SA-12: 1261 Victoria Avenue (Regional Road No. 24)
*formerly A-48*
In addition to the uses in the Specialty Agricultural Zone, this land shall also be used for
a salvage yard and uses, buildings and structures accessory thereto.
A-13: 920 Pelham Street
*formerly A-163*
In addition to the uses in the Agricultural Zone, this land may also be used for a senior
citizens apartment house and nursing home and the regulations of Section 5.1 shall
apply thereto.
A-14: 952 Foss Road and Southside Foss Road
*formerly A-51
In addition to the uses in the Agricultural Zone, this land may also be used for a farm
produce retail store; processing of locally grown farm produce and value-added
products; retail sale of locally grown farm produce and value-added products produced
or manufactured on the property; and uses building and structures accessory to the
foregoing permitted uses and the following special regulations shall apply:
Minimum Interior Side Yard
15.0m
Maximum Building Height
11.0m
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Maximum Lot Coverage of all on-farm diversified uses, including
but not limited to all buildings, outdoor storage, landscaped
areas, berms, well and septic systems, parking and access roads
2%
Maximum Gross Leasable Floor Area of retail salesfloor area
50.0m2
Minimum Gross Leasable Floor Area dedicated to the sale of
products produced or manufactured on the farm property
25.0 m2
A-15: 731 Church Street
*formerly A-53*
In addition to the uses in the Agricultural Zone, this land may also be used for a
contractor's yard and uses, buildings and structures accessory thereto, a vehicle repair
shop and a vehicle body shop subject to the following special regulations:
a) Outside storage shall only be permitted within a rear yard which is screened from
view from the street.
b) The maximum number of pieces of contractor's equipment to be stored on site at
any given time shall not exceed 15.
c) The maximum number of disabled vehicles to be stored on site accessory to the
vehicle repair shop and the vehicle body shop shall not exceed 6 at any given
time.
d) Notwithstanding the special regulations above, the maximum combined number
of pieces of contractor's equipment and disabled vehicles to be stored on site
shall not exceed 15.
e) The maximum weight limit for contractor's equipment stored at the site shall not
exceed 10 ton per piece of equipment.
A-16: 809 Poth Street
*formerly A-151*
In addition to the uses in the Agricultural Zone, this land shall also be used for a group
home and the following special regulations shall apply:
Maximum number of residents
8
No private garage or carport is required.
A-17: 571 Poth Street
*formerly A-246*
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Notwithstanding the regulations of the Agricultural Zone, the following special
regulations shall apply:
Maximum building height for an accessory structure
6.09m
Maximum number of horses
7
A-18: 313 Victoria Avenue (Regional Road No. 24)
*formerly A-97 & H-97*
In addition to the uses in the Agricultural Zone, this land may also be used for a golf
course and uses, buildings and structures accessory thereto.
A-19: 304 Church Street
*formerly A-54*
In addition to the uses in the Agricultural Zone, this land may also be used for a
warehouse, excluding a warehouse for food stuffs, and the regulations of the
Commercial Rural zone shall apply thereto.
A-20: 380 Cream Street
*formerly A-249*
Maximum height for an accessory structure
6.09m
A-21: 259 Farr Street
*formerly A-232*
In addition to the uses in the Agricultural Zone, this land may also be used for a kennel
subject to the following regulations:
Minimum lot area
1.9ha
Minimum rear yard
15.0m
A-22: 275 Church Street
*formerly A-226*
Notwithstanding the regulations of the Agricultural Zone, this land may only be used for
forestry and conservation uses excluding buildings and structures.
A-23: 275 Church Street
*formerly A-227*
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In addition to the uses in the Agricultural Zone, this land may also be used for the repair
and service of farm vehicles and implements within the existing agricultural building
subject to the following regulations:
Farm vehicles and implements shall be limited to farm plated trucks and tow trailers,
vehicles and implements designed to be used in the production of crops and/or raising
of livestock.
Outside storage shall be limited to a maximum of 3 farm vehicles or implements at
any one time
Maximum floor area within existing building
130.0m2
A-24: 206 Webber Road (Regional Road no. 29)
*formerly A-99, H-99*
In addition to the uses in the Agricultural Zone, this land may also be used for a golf
course, restaurant/banquet hall and uses, buildings and structures accessory thereto.
A-25: 119 River Road and Southside River Road
*formerly A-192, H-194, H-193, H-195*
In addition to the uses in the Agricultural Zone, this land may also be used for a golf
course.
A-26: 144 River Road
*formerly A-139*
Notwithstanding the regulations of the Agricultural Zone, a septic area will only be
permitted within the A-26 zone.
CR-27: 708 Highway 20 West (Regional Road no. 20)
*formerly CR-148*
In addition to the uses in the Commercial Rural Zone, this land may also be used for a
vehicle body shop subject to the following special regulations:
a) Open storage shall be directly related to the permitted use on the lot.
b) Open storage shall be permitted in the rear and interior side yard but not within
the exterior side yard.
c) Open storage shall not be permitted within 6m of a residential use.
d) Open storage shall be screen from view at a plane level which is a minimum of
1.5m from grade level of an adjacent street; or when abutting a residential use at
a plan level which is a minimum of 1.5m from the finished grade level at the
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property line; and by means of landscaping features to be located within a
landscape strip.
SA-28: 576 Highway 20 West (Regional Road no. 20)
*formerly A-133*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a floral wholesale distribution business with associated office facilities and includes the
sale of flowers not produced on site; and an agriculturally related research and
development and training radar based facility with associated radio transmitter antenna
subject to the following special regulations:
Minimum Easterly Side Yard
17.98m
RM1-29: OakHaven Estates Subdivision
*formerly RMV1-205, 233, 234, 235, 236 & 237*
Notwithstanding the regulations of the Residential Multiple 1 Zone, no buildings or
structures shall be permitted on the lands.
OS-30: 73 Cherry Ridge Boulevard
*formerly OS-204*
Notwithstanding the regulations of the Open Space Zone, no buildings or structures shall
be permitted on the lands.
RM1-31: 1128 Cream Street
*formerly RV1-199*
Notwithstanding the regulations of the Residential Multiple 1 Zone, the minimum rear
yard for all structures shall be 91.0m.
RM1-32: 1106 Balfour Street
*formerly RV1-156*
In addition to the uses in the Residential Multiple 1 Zone, this land may also be used for
a construction trades establishment with no outside storage.
CR-33: 854 Canboro Road
*formerly CR-132*
Notwithstanding the Commercial Rural Zone, this land may only be used for a farm
supply establishment, a warehouse, manufacturing, assembly, processing and
fabrication of wood products such as kitchen cupboards, furniture, wood crafts, windows,
doors and offices subject to the following special regulations:
Minimum front yard
14.0m
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Minimum easterly side yard
7.5m
Minimum westerly side yard
20.0m
Minimum rear yard
22.5m
All activities shall be carried on entirely within the wholly-enclosed buildings with no
outside storage, manufacturing, assembly, processing and fabrication or display of
goods for sale being permitted.
Any manufacturing, assembly, processing and fabrication requiring municipal water
service is prohibited.
All parking and loading areas and their approaches are not required to have cement,
asphalt or other permanent type surface. Any required dust collection system shall be
located within a building.
R1-34: 808 Canboro Road
*formerly RV1-279*
Notwithstanding the Residential 1 Zone, the lands shall be subject to the following
special regulations:
Minimum lot area
679.0m2
Minimum front yard
3.8m to a covered porch or deck and
5.6m to a dwelling
SA-35: 200 Highway 20 East
*formerly A-46*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a bank, church, personal service shop, clinic, dry cleaning outlet, hotel, motel, tavern,
office, public and private club, restaurant, retail use, service shop and uses, buildings
and structures accessory thereto and subject to the regulations in the Downtown
Corridor Zone.
SA-36: 214 Highway 20 East (Regional Road no. 20)
*formerly A-145*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a Group Home consisting of two dwellings on one lot and subject to the following special
regulations:
Maximum number of residents
19
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SA-37: 1369 Rice Road
*formerly A-82*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a church subject to the following special regulations:
Maximum Lot Coverage
20%
Minimum Front Yard
20.0m
Minimum Side Yard
9.0m
Minimum Rear Yard
9.0m
Maximum Building Height
12.0m
R1-38: 1014 Church Street
*formerly RV1-56a & 56*
In addition to the uses in the Residential 1 zone, this land may also be used for the
manufacture of concrete burial vaults and uses, buildings and structures accessory
thereto subject to the following special regulations:
Minimum Side Yard
6.0m except the minimum side yard adjacent to a
Residential Zone shall be 9.0m
Minimum Rear Yard
7.5m except the minimum rear yard adjacent to a
Residential Zone shall be 15.0m
Landscaping Requirements
A landscaped amenity area of a minimum width of 3.0m
shall be provided adjacent to any residential or
commercial zone or a street that abuts the side or rear
yard
Exterior Lighting
Exterior lighting and illuminated signage shall be directed
away from any adjacent residential zone
Loading Spaces
Required loading spaces shall not be located in any front
yard or any yard adjacent to a residential zone
R1-39: 956 Church Street and 958 Church Street
*formerly RV2-05*
In addition to the uses in the Residential 1 Zone, this land may also be used for the
storage of petroleum products and uses, buildings and structures accessory thereto.
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OS-40: Centennial Park
*formerly OS-179*
Notwithstanding the regulations of the Open Space Zone, no buildings shall be
constructed within 15 metres of the watercourses.
NC-41 (H): 788 & 792 Welland Road
*formerly NC-262 & NC-262(H)*
In addition to the uses in the Neighbourhood Commercial zone, this land may also be
used for dwelling units above the ground floor and at grade at side and rear yards and
the following special regulations apply:
Commercial Uses
Maximum Lot Coverage
45%
Maximum Gross Floor Area
65% of lot area
Minimum Front Yard
0m
Minimum Side Yard
0m where abutting a commercial or industrial use
3.0m where abutting a residential or institutional use
Minimum Rear Yard
6.0m where abutting a commercial or industrial use
3.0m where abutting a residential or institutional use
Residential Uses
a) Dwelling units are permitted about the ground floor of any commercial use and at
the side and rear yards.
b) No maximum gross floor area for dwelling units.
c) A minimum landscaped amenity area of 30.0m2 shall be provided for each dwelling
unit.
d) Parking Requirements
i.
1.5 parking spaces per dwelling unit
ii.
1 parking space per 30m2 of net floor area for retail or office uses
iii.
1 space per 4 persons seating capacity for eating establishments
e) Ingress and Egress
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i.
Ingress and egress to and from the required parking spaces and areas shall
be provided by means of unobstructed driveways or passageways at least
3.0m wide where only one-way traffic is permitted and have a minimum
width of 6.5m but not more than 9.0m in perpendicular width where two-
way traffic is permitted.
f) Parking Area Location on Lot
i.
Apartment Dwelling and Boarding House Dwelling: All yards provided that no
part of any parking area, other than a driveway, is located closer than 7.5m
to any street line and no closer than 1.0m to any side lot line or rear lot line.
g) Landscape strips
i.
Where land is required to be used for no other purpose than a landscape
strip, it shall have a minimum width of 1.0m, except where adjacent to an
at-grade patio at the north-west corner of the site where the landscape strip
shall have a minimum width of 0.5m and a privacy fence, measured
perpendicular to the lot line it adjoins.
h) Unenclosed porches, balconies, steps and patios
i.
Notwithstanding the yard provisions of this By-law to the contrary,
unenclosed porches, balconies, steps and patios, covered or uncovered may
project into any required yard a maximum distance of 2.0m provided that, in
the case of porches, steps or patios, such uses are not more than 2.0m
above ground. Patios may project into any required rear yard provided they
are not more than 0.6m above grade.
The lifting of the holding (H) provision for the NC-262 (H) zone for 788 Welland Road
shall be subject to the Ministry of Tourism, Culture and Sport issuing an
acknowledgement letter for the submitted Stage 1 and 2 Archaeological Assessment for
788 Welland Road and the Town receiving a copy of the letter.
P-42: 766 Welland Road
*formerly P-222*
Notwithstanding the provision of the Open Space Zone, the following special regulations
shall apply:
Minimum Lot Coverage
50%
Minimum Front Yard
15.0m
Minimum Side Yard
15.0m
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Minimum Easterly Side Yard
3.0m
Minimum Parking Requirements
60 spaces
The parking area and driveway connecting the parking area with the street shall be
maintained with a stable surface which is treated so as to prevent the raising of dust
or loose particles.
The maximum width for the driveway ramp measured along the street line shall be
16.0m.
A landscaping area in the form of a landscape strip shall be planted with trees to form
a visual screen of at least 3.0m in height adjacent to every portion of any lot line that
abuts the boundary of any Residential Zone, except where prohibited by the Niagara
Peninsula Conservation Authority.
R1-43: 754 Welland Road and s/s Welland Road
*formerly RV1-03*
In addition to the uses in the Residential 1 Zone, this land may also be used for a
greenhouse and accessory retail use.
SA-44: 1040 Balfour Street
*formerly I-70*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a church.
SA-45: 916 Church Street
*formerly A-203*
Notwithstanding the Specialty Agricultural Zone, the following special regulations shall
apply:
Minimum side yard
10.8m north
20.0m south
Minimum distance separation for the existing agricultural building
as existing
A-46: 807 Church Street
*formerly A-06*
In addition to the uses in the Agricultural Zone, this land may also be used for a welding
shop and uses, buildings and structures accessory thereto.
R1-47: 760 Foss Road
*formerly RV1-123*
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In addition to the uses in the Residential 1 Zone, this land may also be used for a
greenhouse and uses, buildings and structures accessory thereto subject to the following
special regulations:
a) Greenhouses shall be located a minimum of 15.0m from a lot line except where
ventilating fans exhaust into the side or rear yard of any adjacent lot, in which
case the minimum setback distance of greenhouses from the lot line shall be
25.0m.
b) Greenhouses shall be located a minimum distance of 30.0m from any residential
use on an adjacent lot.
c) No manure compost or equipment storage area on the subject lands shall be
permitted within 30.0m of a residential use on an adjacent lot.
SA-48: 461 Canboro Road
*formerly I-72*
In addition to the uses in the Specialty Agricultural zone, this land may also be used for
a church.
SA-49: 418 Canboro Road
*formerly I-73*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a church.
SA-50: 350 Highway 20 West
*formerly I-75*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a school.
SA-51: 1368 Effingham Street
*no former exception*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
the warehouse of a public utility.
SA-52: 495 Canboro Road
*formerly A-137*
Notwithstanding the Specialty Agricultural Zone, the following regulations shall apply:
Minimum rear yard
2.5m
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Minimum side yard
1.0m
Maximum lot coverage
11%
Maximum lot coverage for accessory structures
2.9%
Minimum easterly side yard
0.8m
Minimum front yard for an accessory structure
4.4m
Minimum easterly side yard for an accessory structure
2.4m
SA-53: 1162 Centre Street
*formerly I-74*
Notwithstanding the Specialty Agricultural Zone, this land may only be used for a school.
SA-54: 406, 408 & 410 Canboro Road
*formerly A-10*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
two existing single detached dwelling units and one existing secondary dwelling unit in
an existing dwelling, the manufacturing and sale of lumber and wood products, a
construction trades establishment and uses, buildings and structures accessory thereto.
The manufacturing and sale of lumber and wood products, construction trades
establishment and uses, buildings and structures accessory thereto shall be subject to
the regulations of the Rural Employment Zone.
SA-55: 398 Canboro Road
*formerly A-141*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a seasonal restaurant and farm produce market subject to the following special
regulations:
Minimum front yard
12.5m
Maximum retail floor area including restaurant
148m2
Parking Spaces
20 spaces
Seasonal is defined as having a duration of 6 months commencing May 1st to
November 1st each calendar year.
Seasonal farm produce market shall provide a minimum of 70% of the retail floor area
for Ontario grown produce; a maximum of 25m2 of the retail floor area for bakery
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items and processed fruit, deli and dairy products and locally hand crafted products;
and locally grown greenhouse and nursery products.
SA-56: 308 Welland Road
*formerly A-08*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a vehicle repair shop and uses, buildings and structures accessory thereto.
RM1-57: 42 Concord Street
*formerly RM1-97*
Notwithstanding the Residential Multiple 1 Zone, this land shall be used for block
townhouse dwellings and where the lands are adjacent to lands zoned Environmental
Protection 1, the only permitted use is a private passive yard use defined as a natural or
landscaped area, used for passive amenity purposes but does not include a building,
structure, swimming pools, parking lot or active recreational use.
SA-58: 563 Highway 20 West (Regional Road no. 20)
*formerly A-14*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a vehicle repair shop, machine shop, vehicle sales or rental establishment and uses,
buildings and structures accessory thereto.
SA-59: 345 Highway 20 West (Regional Road no. 20)
*formerly A-157*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a welding business which includes ancillary manufacture and sale of trailers, trailer
accessories and hitches and subject to the following special regulations:
Maximum lot coverage
15%
Minimum side yard
3.0m
Minimum rear yard
6.0m
Maximum height
6.4m
Outside storage of goods and materials related to the welding business is not
permitted, save and except the exterior display for sale of products manufactured on
site.
No private garage or carport is required.
SA-60: 337 Highway 20 West (Regional Road no. 20)
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*formerly A-20*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a vehicle sales or rental establishment, a service shop, a retail use, a farm supply and
service establishment, the storage of all vehicles except commercial vehicles and uses
buildings and structures accessory thereto subject to the regulations in the Commercial
Rural zone.
SA-61: 299 Highway 20 West (Regional Road no. 20)
*formerly A-18*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
a motel.
SA-62: 220 Tice Road
*formerly A-160*
Notwithstanding the Specialty Agricultural Zone, this land may only be used for
agricultural uses not including greenhouses and a golf driving range.
A-63: 1615 Lookout Street
*formerly A-17*
In addition to the uses in the Agricultural Zone, this land may also be used by a public or
private utility.
R1-64: Residence at Lookout Point Subdivision
*formerly R1-180, 182, 183, 184, 185, 186 & 187*
Notwithstanding the provisions of Section 3 and the Residential 1 Zone, no buildings or
structures, including but not limited to storage sheds, garages, pool houses, swimming
pools, decks and gazebos shall be permitted within 15.0m of the rear lot line.
OS-65: Residences at Lookout Point Subdivision
*formerly OS-188*
Notwithstanding the provisions of the Open Space Zone, no buildings or structures,
including but not limited to, storage sheds, garages and gazebos shall be permitted.
R2-66: Timmsdale Estates Subdivision
*formerly RM1-175*
Notwithstanding the provisions of the Residential 2 Zone, no structural development,
including but not limited to storage sheds, garages, pool houses, swimming pools, decks
and gazebos shall be permitted within 7.5m of the top of bank, as approved by the
Niagara Peninsula Conservation Authority.
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RM1-67: Timmsdale Estates Subdivision
*formerly RM1-176*
Notwithstanding the provisions of the Residential Multiple 1 Zone, no structural
development, including but not limited to storage sheds, garages, pool houses,
swimming pools, decks and gazebos shall be permitted within 7.5m of the top of bank,
as approved by the Niagara Peninsula Conservation Authority.
R2-68: 175 Canboro Road
*formerly R2-22*
Notwithstanding the provisions of the Residential 2 Zone, this land may also be used for
a greenhouse and uses, buildings and structures accessory thereto.
A-69: 310 Cream Street
*formerly I-76*
In addition to the uses in the Agricultural Zone, this land may also be used for a school.
A-70: Land surrounding the Airport
*formerly A-25*
Notwithstanding the provisions of the Agricultural Zone, the maximum height of all
buildings and structures shall be 12.0m.
RE-71: 491 Webber Road (Regional Road no. 29)
*formerly M1-114*
Notwithstanding the provisions of the Rural Employment Zone, one dwelling unit internal
to the existing building shall be permitted as an accessory to the uses permitted in the
Rural Employment Zone.
RE-72: 550 Webber Road (Regional Road no. 29)
*formerly M2-124*
Notwithstanding Section 4.1.4.1 (a) of the Parking and Loading requirements, the
following special regulations shall apply:
Notwithstanding Section 5.3.1 of the Rural Employment Zone, the following special
regulations shall apply:
5.3.1 Permitted Uses:
r)
Place of Worship
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RE-73: 472 Webber Road (Regional Road no. 29)
*formerly M2-103*
Notwithstanding the provisions of the Rural Employment zone, this land may only be
used for manufacturing, industrial and warehousing uses, but not including obnoxious or
dangerous uses, automobile service stations and construction trades establishments and
uses, buildings and structures accessory thereto as well as one dwelling unit internal to
the existing building as of February 4, 1991 accessory to the foregoing permitted uses
and the following special regulations shall apply:
Minimum side yard
9.0m where adjacent to a residential zone or 0m
where adjacent to a railway spur
Minimum rear yard
15.0m where adjacent to a residential zone or 0m
where adjacent to a railway spur
Outside storage shall only be permitted within a rear yard which is screen from public
view.
A landscaped amenity area with a minimum width of 3.0m shall be provided adjacent
to any residential or commercial zone or a street that abuts the side or rear yard.
Exterior lighting and illuminated signage shall be directed away from any adjacent
residential zone.
Required loading spaces shall not be located in any front yard or in any yard adjacent
to a residential zone.
R1-74: 1551 Haist Street
*formerly R1-225*
Notwithstanding the Residential 1 zone, the following special regulations shall apply:
Minimum Northerly Interior Side Yard
7.5m
Minimum Southerly Interior Side Yard
1.8m
No driveways and buildings or structures, including but not limited to, storage sheds,
garages, pool houses, swimming pools, decks and gazebos shall be permitted within
7.5m of the top of bank as approved by the Niagara Peninsula Conservation Authority.
RM1-75: Davis Heights
*formerly RM1-253*
Notwithstanding the Residential Multiple 1 zone, this land shall be used for a maximum
of 36 block townhouse dwellings subject to the following special regulations:
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Maximum Lot Coverage
25.51%
Minimum Area per Unit
226.9m2
Minimum Frontage per Unit
9.6m
Minimum Ground Floor Area
88m2 for a one storey dwelling
50m2 for a two storey dwelling
Minimum Setbacks of all Buildings
As shown on Schedule B
Minimum Side Yard between Block Townhouse
Dwellings
As shown on Schedule B
Minimum Structural Setback from Top of Bank
As shown on Schedule B
Minimum Amenity Area per Dwelling Unit
14m2
Minimum Landscaped Area
25%
Unenclosed porches, balconies, steps and patios, covered or uncovered may project
into any required yard shown on Schedule B provided that in the case of porches,
steps or patios, such uses are not more than 3.0m above ground.
DC-76: 1465 Station Street
*formerly RM1-276*
Notwithstanding the provisions of the Residential Multiple zone, this land may only be
used for block townhouse dwellings subject to the following special regulations:
Maximum density
45 dwelling units per hectare
Minimum front yard (Station Street)
7.0m for a dwelling
4.0m for a covered porch or deck
Minimum setback between front of dwelling
and internal roadway
4.0m for a dwelling and covered
porch and 6.0m for a garage door
Minimum Side Yard from North Property Line
7.0m for a dwelling and 4.0m for a
covered porch or deck
Minimum Side Yard from South-West Property
Line
3.0m for a dwelling, covered porch or
deck
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Minimum Side Yard for most South-Easterly
Dwelling Unit (south-east property line)
1.2m for dwelling side walls and 0.3m
for covered porch or deck
Minimum Setback between side of Dwelling
and Internal Road
2.0m for dwelling side walls, covered
porch or deck
Minimum Setback between sides of Dwelling
Units
2.4m
Minimum Rear Yard (East Property Line)
7.0m for a dwelling and 4.0m for a
covered porch or deck
Minimum Rear Yard for most Easterly Dwelling
Unit (north-east property line)
1.2m for a dwelling, covered porch or
deck
Minimum Rear Yard for most Easterly Dwelling
Unit (south-east property line)
4.0m for a dwelling and 2.0m for a
covered porch or deck
Distance between buildings on the same lot
Any face of one townhouse shall be
no closer than 11.0m to any face of
another townhouse
Any side of any townhouse shall be
no closer than 2.4m to any side of
another townhouse
Minimum Ground Floor Area for a Dwelling
88m2 one-storey
50m2 two-storey
Minimum Landscaped Area
25%
Landscape strip
1.2m in width where the boundary of
the RM1 zone abuts an R1 or R2
zone.
If a swale is required at the most
easterly dwelling unit of the
townhouse block (north-east property
line) a minimum landscape strip of
0.5m with a privacy fence is required.
Amenity Area
minimum of 2.5m2 for each one-
bedroom unit and a minimum of
5.0m2 for each two or more-bedroom
units in one location for recreational
use for the residents of the
development.
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Minimum Internal Roadway Width
6.0m
Minimum Garage Width
3.4m
Maximum Lot Coverage
42%
Parking Requirements
2 parking spaces per dwelling unit,
which may include a space in a
garage and a tandem parking space
in the associated unit driveway.
Parking Space Size
2.7m wide by 5.8m long
DC-77: 105 Highway 20 East (Regional Road no. 20)
*formerly GC-275*
Minimum Above Grade Building Setback:
Minimum Side yard (North property line
of the mixed use Condominium domain
and the townhouse condominium
domain)
7.5m
Minimum rear yard (east property line)
15.0m for main building and 13.0m for
balconies
Minimum corner side yard (Highway 20
east)
0m
Minimum setback for Sub-grade
structures and ramps
0m
Minimum Landscape Area and Amenity
Area
25%
Grade Level Internal Roadway Width
6.0m along shared roadway locations
Parking Requirements
1.25 spaces per apartment dwelling
3 spaces per 100m2 of commercial floor
area
1 space per 4 persons seating capacity for
restaurants
Parking area on Lot
All yards provided that no part of any
parking area other than a driveway is
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TOWN OF PELHAM Zoning By-Law
204
located closer than 3.0m to any street line
and no closer than 0m to any side lot line
or 3.0m to the rear lot line
Sub-grade parking level internal roadway
width
Minimum 6.0m
Parking space size
2.7m wide by 5.8m long
DC-78: 110 Highway 20 East (Regional Road no. 20)
*formerly HC-162*
In addition to the permitted uses in the Downtown Corridor zone, a retail use and
supermarket retail establishment may be permitted in accordance with the following:
A supermarket is defined as: "a retail establishment having a minimum floor area of
300 square metres and a maximum floor area of 3,800 square metres, primarily
selling food and grocery items and which may sell other accessory merchandise such
as household supplies and personal care products but not including a pharmacy, a
photo shop, a dry cleaners, or a florist."
Maximum Lot Coverage
40%
Front Yard Setback
6.0m
Minimum number of Loading Spaces
2
Minimum number of Parking Spaces
180
Minimum ingress and engress from a required parking space
7.3m
Minimum landscape strip width along RR 20
6.0m
Minimum landscape strip width along easterly Boundary
1.2 m
R1-79: 23 Highland Avenue
*formerly R1-31*
Notwithstanding the provisions of the Residential 1 zone, this land may also be used for
the manufacture and sale of monuments and uses, buildings and structures accessory
thereto.
NC-80: 1292 Pelham Street
*no former exception*
In addition to the uses in the Neighbourhood Commercial zone, this land may also be
used for a funeral home and uses, buildings and structures accessory thereto.
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NC-81: 1145 Pelham Street
*formerly GC-89*
In addition to the uses in the Neighbourhood Commercial zone, this land may also be
used for professional and business offices, restaurants, personal service shops, clinics,
custom workshops, daycare centre, dry cleaning outlets, banks and trust companies,
undertaking establishments and uses, buildings and structures accessory thereto. The
following special regulations shall apply:
a) Maximum of 20 dwelling units above the ground floor
b) Maximum gross floor area for the commercial uses shall be 50% of the lot area.
c) Maximum gross floor area for dwelling units shall be 72%.
d) Dwelling units shall only be permitted above the ground floor of any commercial
use.
e) Minimum landscaped amenity area 51.85m2 per dwelling unit
NC-82: 1022 Pelham Street
*formerly NC-108*
In addition to the uses in the Neighbourhood Commercial zone, this land may also be
used for business and professional offices, parking lots, restaurants, studios, agencies
and personal service shops on the ground floor only and uses, buildings and structures
accessory thereto subject to the following special regulations:
Commercial Uses
Maximum lot coverage
17%
Maximum gross floor area
34%
Minimum side yard
0m where abutting a commercial or industrial use
4.5m where abutting a residential or institutional use
Minimum rear yard
6.0m where abutting a commercial or industrial use
12.0m where abutting a residential or institutional use
Maximum building height
8.0m
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Maximum gross floor area per
permitted use
235m2
Maximum gross commercial
floor area
930m2
Accessory Residential Uses:
a) Maximum of one accessory dwelling unit for each commercial use.
RM1-83 (H): 703 Quaker Road
*formerly RM1-281(H)*
Notwithstanding the Residential Multiple 1 zone, this land shall only be used for block
townhouse dwellings and the following site-specific regulations shall apply:
Minimum Lot Frontage
8.8m
Minimum Setback from Quaker Road
30.0m
Minimum Setback from Internal
Roadway
4.5m to dwelling unit or 6.0m to garage
Minimum Side Yard
1.5m
Minimum Rear Yard
6.0m to back of dwelling unit
1.5m to side of dwelling unit
Distance between buildings on same
lot
Any side of any townhouse shall be no closer
than 3.0m
Landscape strip
A landscape strip of 1.3m minimum in width
shall provided where the boundary of an RM1
zone abuts an R1 or R2 zone except for along
the west property line of 695 Quaker Road a
0.5m buffer strip with a privacy fence is
required
Unenclosed porches, balconies, steps and patios, covered or uncovered, may project
into any required yard a maximum distance of 3.5m provided that, in the case of
porches, steps or patios, such uses are not more than 1.3m above ground.
Removal of the holding (H) provision will occur subject to execution of condominium
and site plan agreements addressing servicing and drainage to the satisfaction of the
Director of Public Works.
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R1-84: 1078 Quaker Road, 1080 Quaker Road, 1082 Quaker Road, 1084 Quaker
Road, 1088 Quaker Road, 1090 Quaker Road, 1092 Quaker Road, 1094 Quaker
Road, 1096 Quaker Road, and 1098 Quaker Road
*formerly R1-26*
The following special regulation shall apply to these lands:
Minimum rear yard
61.0m
DC-85: 209 Highway 20 East
*formerly HC-127*
Notwithstanding the Downtown Corridor zone, this land shall only be used for a bank,
personal service shops, business and professional office and dwelling units above the
first floor subject to the following special regulations:
Maximum floor area devoted to health care
practitioners
225m2
Maximum number of dwelling units
12
Minimum number of parking spaces
58
Minimum number of parking spaces per health
care practitioner
5
Required setback of parking spaces along south-
easterly property line
1.5m
Location of dwelling unit parking
Not required in a garage or carport
Location of required loading space
Exterior side yard
Required setback of loading space abutting Rice
Road
1.5m
Minimum maneuvering aisle width in the parking
garage
6.4m
Minimum driveway width for the parking garage
5.4m
Maximum building height
12.06m from the finished floor
elevation of 190.73m
Minimum landscaped amenity area
430m2
Minimum indoor residential amenity area
160m2 to be located in the cellar
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Minimum front yard
17.8m
DC-86: 227 Highway 20 East
*no former exception*
In addition to the uses in the Downtown Corridor zone, this land may also be used a
vehicle repair shop and a vehicles sales or rental establishment.
R1-87: 1120 Haist Street
*Formerly R1-282*
Notwithstanding the provisions of the Residential 1 zone, the following special
regulations shall apply:
Minimum Front Yard
6m and 6.5m to garage
Maximum Front Yard
6m
Maximum garage door width
Lesser of 50% of the lot width or 60% of the
dwelling width
RM1-88: 120 Haist Street
*Formerly RM1-283*
Notwithstanding the provisions of the Residential Multiple 1 zone, this land may only be
used for block townhouse dwellings, street townhouse dwellings, home occupation and
one accessory dwelling unit or home occupation located above a garage subject to the
following special regulations:
Minimum Lot Frontage
7.2m for interior end units
Minimum Lot Depth
32m
Minimum Front Yard
4.5m
Minimum Interior Side Yard
1.2m
Minimum Exterior Side Yard
3m
Minimum Rear Yard
10.5m
Notwithstanding Section 2: Definitions, for street townhouse dwellings that abut the
Public (P) zone, the north lot line abutting the Public zone will be considered the front lot
line.
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Notwithstanding the requirements of Section 4: Parking and Loading Requirements, the
following shall apply:
a) Ingress and egress for all driveway and garages shall be from a rear lane.
b) The minimum rear yard for a garage shall be 0.5m.
c) The maximum garage height shall be 7m.
Notwithstanding Section 3: General Provisions, the following shall apply:
a) Garages shall have a 0m interior side yard setback and have a minimum interior
side yard setback of 2.75m on the other side.
b) The minimum porch depth shall be 2m.
c) Porches may encroach a maximum of 2m into a required front or exterior side
yard. Steps associated with a porch may encroach up to the lot line.
Block Townhouse Dwellings
The following special regulations shall apply to block townhouse dwellings:
a) The minimum setback from an internal roadway shall be 4.5m.
b) The minimum setback from a rear lane shall be 10.5m.
c) The setback of the building face from the northerly lot line shall be 4.5m.
d) The minimum setback of the side of building to lot line, rear lane internal roadway
shall be 1.2m.
e) The minimum setback of the side of building to any side of another side of building
shall be 1.2m.
f) The minimum porch depth shall be 2m.
g) Porches may encroach a maximum of 2m closer to an internal roadway and the
northerly lot line. Steps associated with a porch may encroach up to the internal
roadway or northerly lot line.
Notwithstanding Section 4: Parking and Loading Requirements, the following special
regulations shall apply:
a) Ingress and egress for all driveway and garages shall be from a rear lane.
b) The minimum garage setback from a rear lane shall be 0.5m.
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TOWN OF PELHAM Zoning By-Law
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c) The maximum garage height shall be 7m.
d) Garages shall be located a minimum of 5.5m from another garage on the other
side.
R2-89: 120 Haist Street
*Formerly R2-284*
Notwithstanding the provisions of the Residential 2 zone, the following special
regulations shall apply:
Minimum Lot Depth
32m
Minimum Front Yard
4.5m
6m to garage
Minimum Interior Side Yard
1.2m
Minimum Exterior Side Yard
3m
Minimum Rear Yard
7.5m or 10m where backing
onto an existing residential
property
Maximum garage door width
Lesser of 50% of the lot width or
60% of the dwelling unit
Minimum setback from internal roadway
4.5m
6m to garage
Minimum setback between single detached dwellings
2.4m
Minimum setback from east/west lot line
1.2m
Minimum setback from south lot line
10m
Notwithstanding Section 3: General Provisions, the following special regulations shall
apply:
a) The minimum porch depth shall be 2m.
b) Porches may encroach a maximum of 2m into a required front or exterior side
yard or internal roadway. Steps associated with a porch may encroach up to the
lot line or internal roadway.
RM2-90: 163 Port Robinson Road
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*Formerly RM2-285*
Notwithstanding the provisions of the Residential Multiple 2 zone, the following site-
specific regulations shall also apply:
Minimum Lot Area per Dwelling Unit
115m2
Minimum Lot Depth
36m
Maximum Density
70 units per hectare
Maximum Lot Coverage
50%
Minimum Front Yard
3m
Minimum Interior Side Yard
2.25m
Minimum Landscaped Area
25%
Maximum Building Height
3 Storeys
Amenity Area
Every unit shall be provided with a balcony of at
least 5m2 in floor area
Notwithstanding the provisions of Section 4: Parking and Loading Requirements, the
following site-specific regulations shall also apply:
Minimum Parking Requirements - Apartment
Dwelling
1.08 spaces per dwelling unit
Ingress and Egress - Two-way Traffic
6m
Parking Area Location - Apartment Dwelling
All yards provided that no part of any
parking area, other than a driveway is
located closer than 7.5m to any street
line, 0m to any rear lane and no closer
than 1 m to any side lot line.
R2-91: River Estates Phase 2 Subdivision
*Formerly R2-286*
Notwithstanding the provisions of the Residential 2 zone, the following site-specific
regulations shall also apply:
Maximum Lot Coverage
None
Minimum Front Yard
4.5m
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6m for Garages
Minimum Interior Side Yard
1.2m
Minimum Exterior Side Yard
3m
Minimum Ground Floor Area for a Dwelling
88m2 - One-storey
50m2 - Two-storey
RM1-92: River Estates Phase 2 Subdivision
*Formerly RM1-287*
Section 2: Definitions is amended for the subject lands as follows:
"DAYLIGHTING TRIANGLE" means an area free of buildings or structures or other visual
obstructions, and which are to be determined by measuring, from the point of
intersection of street lines on a corner lot, a minimum of 6m along each such street line
and joining such points with a straight line, and the triangular-shaped land between the
intersecting street lines and the straight line joining the points the required distance
along the street lines is the "daylighting triangle".
Notwithstanding Section 4: Parking and Loading Requirements, the following special
regulations shall apply:
a) Ingress and egress for all driveways/garages shall be from the laneway.
b) The minimum rear yard for garages shall be 0.5m.
c) Garages shall have a 0m interior side yard setback with a shared masonry wall on
one side and a minimum interior side yard setback of 2.4m on the other side.
Notwithstanding the provisions of the Residential Multiple 1 zone, these lands may only
be used for street townhouse dwellings and uses, buildings and structures accessory
thereto, and the following site-specific regulations shall apply:
Minimum Lot Frontage
6m per dwelling unit
Minimum Corner Lot Frontage
7.5m per dwelling unit
Minimum Lot Area
170m2
Minimum Front Yard
4.5m
Minimum Exterior Side Yard
3.0m
Minimum Interior Side Yard
3.0m or 0m for a common wall
RM1-93: River Estates Phase 2 Subdivision
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*Formerly RM1-288*
Notwithstanding Section 4: Parking and Loading Requirements, the following special
regulations shall apply:
a) Ingress and egress for all driveways/garages shall be from an internal road.
Notwithstanding the regulations of the Residential Multiple 1 zone, these lands may only
be used for block townhouse dwellings and uses, buildings and structures accessory
thereto, and the following site-specific regulations shall apply:
Minimum Front Yard
3m
Minimum Side Yard
1.5m except that where the rear of a
building faces the side yard, the
minimum side yard shall be 6m
Minimum Rear Yard
3m
Distance between buildings on the same lot
3m
Landscape strip
0m
Minimum setback from internal roadway
3m to building front, or 6m to rear of
building, or 6m to front access garages
0m to rear access garages
The front of all buildings flanking Port Robinson Road shall be facing Port Robinson
Road
RM1-94: 100 Welland Road
*Formerly RM1-289*
Notwithstanding the provisions of Section 3: General Provisions, the following site-
specific regulations shall also apply:
a) Notwithstanding the yard provisions of this By-law, unenclosed porches, balconies,
steps and patios, covered or uncovered shall not be permitted within 1m of the
front lot line provided that, such uses are not more than 1.3m above ground.
Such uses shall not be within 3.6m of the rear lot line provided that, such uses are
not more than 2m above ground. Patios may project into any require rear yard
provided they are not more than 0.6m above grade
Notwithstanding the provisions of Section 4: Parking and Loading Requirements, the
following site-specific regulations shall also apply:
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Ingress and Egress - Two-way Traffic 6m drive aisle width (clear width measured
from curb-face to curb-face)
Notwithstanding the regulations of the Residential Multiple 1 zone, these lands may be
used for block townhouse dwellings and uses, buildings and structures accessory
thereto, and the following site-specific regulations shall apply:
Minimum Front Yard
2.9m to street or private lane
Minimum Side Yard
1.2m to lot line or private lane
Minimum Rear Yard
6m
Distance between buildings
on the same lot
Any side of any block townhouse shall be no closer than
1.3m to any side of another block townhouse
Landscape strip
A minimum landscape strip width of 1 m shall be
provided where the boundary of an RM1 zone abuts an
R1 or R2 zone
One second dwelling unit accessory to each dwelling of a two-block townhouse
dwelling shall be permitted.
R2-95: Saffron Meadows Ph. 3 Subdivision
*Formerly R2-290*
Section 2: Definitions is amended for the subject lands as follows:
"SECOND DWELLING UNIT" means a second dwelling unit on a lot with a principal
dwelling that is created through converting part of, or adding on to the existing dwelling
that maintains an independent entrance, or within a detached accessory building (e.g.
in-law suite, basement suite, coach house).
Section 3: General Provisions is amended for the subject lands as follows:
a) Where this By-law provides that a lot, building or structure may be erected or
used for a purpose, that purpose shall include any accessory building, structure or
accessory use, but shall not include any occupation for gain or profit conducted
within or accessory to a dwelling unit except as in this By-law is specifically
permitted.
b) Only one second dwelling unit is permitted per lot in a single detached, semi-
detached, or townhouse dwelling, or in their accessory building provided:
i.
The maximum floor area does not exceed 60m2;
ii.
A maximum of one entrance is permitted to face a street, inclusive of the
principal dwelling;
iii.
A minimum of one parking stall is required;
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iv.
Compliance with the Ontario Building Code and Fire Code, as applicable;
c) Except as otherwise provided herein, no accessory building shall exceed 3.7m in
height and no accessory building containing a second dwelling unit shall exceed
6m in height.
d) Notwithstanding the yard provisions of this By-law, unenclosed porches, balconies,
steps and patios, covered or uncovered shall not be permitted within 2m of the
front lot line or exterior side lot line, and 4.5m of the rear lot line provided that, in
the cases of porches, steps and patios, such uses are not more than 1.3m above
ground. Uncovered patios and decks shall not be permitted within 1.2m of a rear
or side lot line provided that, such uses are not more than 0.3m above ground.
Notwithstanding the provisions of Section 4: Parking and Loading Requirements, the
following site-specific regulations shall apply:
a) Ingress and egress to and from required parking spaces and areas, shall be
provided by means of unobstructed driveways or passageways at least 3m wide,
where only one-way traffic is permitted or if the number of residential units being
served is there or less, and a minimum width of 6.5m, but not more than 7.3m in
perpendicular width where two-way traffic is permitted.
b) All uses fronting Port Robinson Road and Street 'C' (Klager Avenue) from a point
no less than 220m south of Port Robinson Road shall be accessed from a public or
private rear laneway.
c) The maximum width of any joint ingress and egress driveway ramp measured
along the street line shall be 7.3m.
Notwithstanding the regulations of the Residential 2 zone, these lands may be used for
one single detached dwelling, uses, buildings and structures accessory thereto, and
home occupations, and the following site-specific regulations shall apply:
Minimum Lot Area
360m2
Minimum Lot Frontage
12m
Maximum Lot Coverage 50%
Minimum Front Yard
4m to dwelling front face and 6m to garage
Maximum Front Yard
5.5m to dwelling front face
Minimum Interior Side
Yard
1.2m on both sides where carport or garage is attached, or
1.2m on one side and 3m on the other side where there is no
attached carport or garage
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Minimum Exterior Side
Yard
3m to dwelling
6m to garage
Minimum Rear Yard
7.5m
Maximum Attached
Garage Width
7.5m or 50% of the lot frontage, or 20% of the lot depth,
whichever is less
Maximum Driveway
Width
7m or 50% of the lot frontage, or 20% of the lot depth,
whichever is less
RM1-96: Saffron Meadows Ph. 3 Subdivision
*Formerly RM1-291*
Section 2: Definitions is amended for the subject lands as follows:
"SECOND DWELLING UNIT" means a second dwelling unit on a lot with a principal
dwelling that is created through converting part of, or adding on to the existing dwelling
that maintains an independent entrance, or within a detached accessory building (e.g.
in-law suite, basement suite, coach house).
Section 3: General Provisions is amended for the lands identified as RM1-96 as follows:
a) Where this By-law provides that a lot, building or structure may be erected or
used for a purpose, that purpose shall include any accessory building, structure or
accessory use, but shall not include any occupation for gain or profit conducted
within or accessory to a dwelling unit except as in this By-law is specifically
permitted.
b) Only one second dwelling unit is permitted per lot in a single detached, semi-
detached, or townhouse dwelling, or in their accessory building provided:
i.
The maximum floor area does not exceed 60m2;
ii.
A maximum of one entrance is permitted to face a street, inclusive of the
principal dwelling;
iii.
A minimum of one parking stall is required;
iv.
Compliance with the Ontario Building Code and Fire Code, as applicable;
c) Except as otherwise provided herein, no accessory building shall exceed 3.7m in
height and no accessory building containing a second dwelling unit shall exceed
6m in height.
d) Notwithstanding the yard provisions of this By-law, unenclosed porches, balconies,
steps and patios, covered or uncovered shall not be permitted within 2m of the
front lot line or exterior side lot line, and 4.5m of the rear lot line provided that, in
the cases of porches, steps and patios, such uses are not more than 1.3m above
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ground. Uncovered patios and decks shall not be permitted within 1.2m of a rear
or side lot line provided that, such uses are not more than 0.3m above ground.
Notwithstanding the provisions of Section 4: Parking and Loading Requirements, the
following site-specific regulations shall apply:
a) Ingress and egress to and from required parking spaces and areas, shall be
provided by means of unobstructed driveways or passageways at least 3m wide,
where only one-way traffic is permitted or if the number of residential units being
served is there or less, and a minimum width of 6.5m, but not more than 7.3m in
perpendicular width where two-way traffic is permitted.
b) All uses fronting Port Robinson Road and Street 'C' (Klager Avenue) from a point
no less than 220m south of Port Robinson Road shall be accessed from a public or
private rear laneway.
c) The maximum width of any joint ingress and egress driveway ramp measured
along the street line shall be 7.3m.
Notwithstanding the regulations of the Residential Multiple 1 zone, these lands may be
used for semi-detached dwellings, duplex dwellings, triplex dwellings, fourplex dwellings,
converted dwellings, street townhouse dwellings, block townhouse dwellings, uses,
buildings and structures accessory thereto, and home occupations, and the following
site-specific regulations shall apply:
Minimum Lot Area
360m2
Minimum Lot Frontage
12m
Minimum Front Yard
4m to dwelling front face and 6m to garage
Maximum Front Yard
5.5m to dwelling front face
Minimum Interior Side Yard
1.2m on both sides where carport or garage is attached,
or 1.2m on one side and 3m on the other side where
there is no attached carport or garage
Minimum Exterior Side Yard
3m to dwelling
6m to garage
Minimum Rear Yard
7.5m
Maximum Attached Garage
Width
7.5m or 50% of the lot frontage, or 20% of the lot
depth, whichever is less
Maximum Driveway Width
7m or 50% of the lot frontage, or 20% of the lot depth,
whichever is less
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Semi-detached, Duplex, Triplex, Fourplex and Converted Dwellings
The following special regulations shall apply to semi-detached, duplex, triplex, fourplex
and converted dwellings:
Minimum Lot Area
150m2 per dwelling unit
Minimum Lot Frontage
16m
Minimum Front Yard
4m to dwelling front face and 6m to garage
Maximum Front Yard
5.5m to dwelling front face
Minimum Interior Side Yard
1.2m on both sides where carport or garage is attached,
or 1.2m on one side and 3m on the other side where
there is no attached carport or garage
Minimum Exterior Side Yard
3m to dwelling
6m to garage
Minimum Rear Yard
7.5m
Maximum Attached Garage
Width
7.5m or 50% of the lot frontage, or 20% of the lot
depth, whichever is less
Maximum Driveway Width
7m or 50% of the lot frontage, or 20% of the lot depth,
whichever is less
Street Townhouse Dwellings
The following special regulations shall apply to street townhouse dwellings:
Minimum Lot Area
180m2 per dwelling unit
Minimum Lot Frontage
6m per dwelling unit
Minimum Front Yard
4m to dwelling front face
6m to garage
Maximum Front Yard
5.5m to dwelling front face
Minimum Interior Side Yard
1.2m on both sides where carport or garage is attached,
or 1.2m on one side and 3m on the other side where
there is no attached carport or garage
Minimum Exterior Side Yard
3m to dwelling
6m to garage
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219
Minimum Rear Yard
7.5m
Maximum Height
12.0m
Maximum Attached Garage
Width
7m or 50% of the lot frontage, or 20% of the lot depth,
whichever is less
Block Townhouse Dwellings
The following special regulations shall apply to block townhouse dwellings:
Minimum Lot Area
2000m2
Minimum Lot Frontage
30m
Minimum Front Yard
2.5m on a street or internal laneway
6m to garage on a street or internal laneway
Maximum Front Yard
5m on a street or internal laneway
Minimum Interior Side
Yard
1.2m to dwelling, except where the rear of a building faces
the side yard, the minimum side yard shall be 6m.
Detached garages shall have a 0m setback on one side
and a 2.4m setback on the other side
Minimum Exterior Side
Yard
3m on a street or internal laneway
6m to garage on a street or internal laneway
Maximum Exterior Side
Yard
5m on a street or internal laneway
Minimum Rear Yard
6m, except where the side of a building faces the rear
yard, the minimum rear yard shall be 1.2m
0.5m to garage on internal laneway
Maximum Height
12.0m
Distance between
buildings on the same lot
A 'face' of a building means the longest wall of a building.
Each building shall be deemed to have two faces.
A 'side' of a building means the shortest wall of a building.
Each building shall be deemed to have two sides.
Any face of one townhouse shall be no closer to any side
of another townhouse than 7.2m
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220
Any face of any townhouse shall be no closer than 11m to
any face of another townhouse
Any side of any townhouse shall be no closer than 3m to
any side of another townhouse
Maximum Attached
Garage Width
7.5m or 50% of the lot frontage, or 20% of the lot depth,
whichever is less
Minimum Landscaped
Area
25%
Amenity Area
5m2 of amenity area shall be provided for each unit in one
location for recreational use of the residents
OS-97: Saffron Meadows Ph. 3 Subdivision
*Formerly OS-292*
Notwithstanding the regulations of the Open Space zone, these lands may be used for
public parkland, conservation and flood control projects, recreational uses such as trails,
fences and picnic facilities, and uses, buildings and structures accessory thereto and the
following site-specific regulations shall also apply:
Minimum Lot Area
0.4ha
Minimum Lot Frontage
15m
Minimum Lot Coverage
10%
Minimum Front Yard
4m
Minimum Exterior Side Yard
4m
Minimum Side Yard
4m
Minimum Rear Yard
7.5m
Maximum Building Height
12m
OS-98: Saffron Meadows Ph. 3 Subdivision
*Formerly OS-293*
Notwithstanding the regulations of the Open Space zone, these lands may be used for
forest, fish and wildlife management uses, conservation and flood control projects,
stormwater management facilities, and small-scale passive recreational uses such as
trails, fences, docks and picnic facilities that will have no negative impact on natural
heritage features or on their ecological functions, and the following site-specific
regulations shall also apply:
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221
Minimum Lot Area
0.4ha
Minimum Lot Frontage
15m
EP1-99: Saffron Meadows Ph. 3 Subdivision
*Formerly EP-294*
Notwithstanding the regulations of the Environmental Protection 1 zone, these lands
may be used for forest, fish and wildlife management uses, conservation and flood
control projects, stormwater management facilities, and small-scale passive recreational
uses such as trails, fences, docks and picnic facilities that will have no negative impact
on natural heritage features or on their ecological functions.
RM1-100: 155 Port Robinson Road
*Formerly RM1-295*
Notwithstanding the regulations of the Residential Multiple 1 zone, the following site-
specific regulations shall apply:
Minimum Exterior Side Yard
6m
Minimum Interior Side Yard
3m or 0m for common walls
DC-101: 1440 Pelham Street
*Formerly GC-296*
Notwithstanding the requirements of the Downtown Commercial zone, the following site-
specific regulations shall apply:
Maximum Gross Floor Area
123% of lot area
Maximum Height
4 storeys
a) The rooftop area shall be used for outdoor amenity space which is accessory to the
dwelling units only.
b) A minimum 2.8m step-back shall be provided for the front building façade of the
fourth storey.
c) A minimum 3m step-back shall be provided for the elevator and mechanical
penthouse.
R2-102: 695,697 Quaker Road
*Formerly R2-297*
Section 2: Definitions is amended for the subject lands as follows:
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"SECOND DWELLING UNIT" means a second dwelling unit on a lot with a principal
dwelling that is created through converting part of, or adding on to the existing dwelling
that maintains an independent entrance, or within a detached accessory building (e.g.
in-law suite, basement suite, coach house).
Section 3: General Provisions is amended for the lands identified as RM1-96 as follows:
a) Where this By-law provides that a lot, building or structure may be erected or
used for a purpose, that purpose shall include any accessory building, structure or
accessory use, but shall not include any occupation for gain or profit conducted
within or accessory to a dwelling unit except as in this By-law is specifically
permitted.
b) Only one second dwelling unit is permitted per lot in a single detached, semi-
detached, or townhouse dwelling, or in their accessory building provided:
i.
The maximum floor area does not exceed 60m2;
ii.
A maximum of one entrance is permitted to face a street, inclusive of the
principal dwelling;
iii.
A minimum of one parking stall is required; and
iv.
Compliance with the Ontario Building Code and Fire Code, as applicable.
c) Except as otherwise provided herein, no accessory building shall exceed 3.7m in
height and no accessory building containing a second dwelling unit shall exceed
6m in height.
R1-103: 1084 Quaker Road
*Formerly R1-298*
In addition to the uses permitted in the Residential 1 zone, these lands may also be
used for a duplex dwelling and the following site-specific regulation shall apply:
Minimum Rear Yard
61m
RM1-104: 1307 Haist Street
*Formerly RM1-299*
Notwithstanding the requirements of the Residential Multiple 1 zone, these lands may be
used for street townhouse dwellings and uses, buildings and structures accessory and
the following site-specific regulations shall apply:
Minimum Lot Frontage
17m
Minimum Lot Area
400m2 per dwelling unit
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223
Minimum Front Yard
4.5m to front building face and 6m to a garage
Minimum Exterior Side Yard
4.5m
Minimum Rear Yard
7m
Maximum Building Height
6m
Second dwelling units are prohibited.
RM1-105: Saffron Valley Ph. 2 Subdivision
*Formerly RM1-300*
Notwithstanding the requirements of Section 3: General Provisions and Section 4:
Parking and Loading Requirements, the following regulations shall apply:
a) Ingress and Egress shall be provided by unobstructed driveways with a maximum
width of 7m for two-way traffic.
b) Unenclosed porches, balconies, steps and patios, covered or uncovered may
project into any required yard a maximum distance of 3m provided that, in the
case of porches, steps or patios, such uses are not more than 1.3m above ground.
Patios may project into any required yard provided they are not more than 0.6m
above grade.
Notwithstanding the provisions of the Residential Multiple 1 zone, the following site-
specific regulations shall apply:
Minimum Lot Frontage
7.1m
Minimum Front Yard
4.5m to front building face
6m to a garage on a street or internal roadway
Minimum Side Yard
i) Where the rear wall of a building faces and interior side
yard, the minimum require yard shall be 6m
ii) Unit 6 - 5.3m
iii) Unit 13 - 2.1m
iv) Unit 17 - 3.8m
v) Unit 24 & 35 - 1.5m
vi) Units 9, 12, 18, 23, 29 & 30 may be located no closer
than 3m from the inside radius of an internal street (i.e.
intersection or turn)
vii) Where abutting an internal roadway - 4.2m
Minimum Rear Yard
6.1m
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TOWN OF PELHAM Zoning By-Law
224
Distance Between
Buildings
Any face of one townhouse shall be no closer to any side
of another townhouse than 9m.
Any face of any townhouse shall be no closer than 15m to
any face of another townhouse.
Any side of any townhouse shall be no closer than 3m to
any side of another townhouse.
R1-106: 1, 1A, 3C Hurricane Road
*Formerly R1-302*
Section 2: Definitions is amended for the subject lands as follows:
"SECOND DWELLING UNIT" means a second dwelling unit on a lot with a principal
dwelling that is created through converting part of, or adding on to the existing dwelling
that maintains an independent entrance, or within a detached accessory building (e.g.
in-law suite, basement suite, coach house).
"DWELLING - FRONT FACE" means where a setback is measured from the 'dwelling
front face', this shall include any portion of a building face exposed to the street line
including the front door, but does not include a covered porch.
Notwithstanding the requirements of Section 3: General Provisions, the following
regulations shall apply:
a) Where this By-law provides that a lot, building or structure may be erected or
used for a purpose, that purpose shall include any accessory building, structure or
accessory use, but shall not include any occupation for gain or profit conducted
within or accessory to a dwelling unit except as in this by-law is specifically
permitted.
b) Except as otherwise provided herein, no accessory building shall exceed 6m in
height.
c) The maximum width of any joint ingress and egress driveway ramp measured
along the street line shall be 7.3m.
Notwithstanding the provisions of the Residential 1 zone, the following site-specific
regulations shall apply:
Minimum Lot Area
620m2
Minimum Lot Frontage
17m
Minimum Front Yard
6m to dwelling face and 7.7m to garage
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225
Maximum Front Yard
7.7 to dwelling face
Minimum Interior Side Yard
1.8m or 3m to a laneway
Maximum Lot Coverage
35%
No minimum ground floor area requirement.
R1-107: 3, 3A Hurricane Road
*Formerly R1-303*
Section 2: Definitions is amended for the subject lands as follows:
"SECOND DWELLING UNIT" means a second dwelling unit on a lot with a principal
dwelling that is created through converting part of, or adding on to the existing dwelling
that maintains an independent entrance, or within a detached accessory building (e.g.
in-law suite, basement suite, coach house).
"DWELLING - FRONT FACE" means where a setback is measured from the 'dwelling
front face', this shall include any portion of a building face exposed to the street line
including the front door, but does not include a covered porch.
Notwithstanding the requirements of Section 3: General Provisions, the following
regulations shall apply:
a) Where this By-law provides that a lot, building or structure may be erected or
used for a purpose, that purpose shall include any accessory building, structure or
accessory use, but shall not include any occupation for gain or profit conducted
within or accessory to a dwelling unit except as in this by-law is specifically
permitted.
b) Only one second dwelling unit is permitted per lot in a single detached, semi-
detached, or townhouse dwelling, or in their accessory building provided:
i.
The maximum floor area does not exceed 65m2;
ii.
A maximum of one entrance is permitted to face a street, inclusive of the
principal dwelling;
iii.
A minimum of one parking stall is required; and
iv.
Compliance with the Ontario Building Code and Fire Code, as applicable.
c) Except as otherwise provided herein, no accessory building shall exceed 6m in
height.
d) The maximum width of any joint ingress and egress driveway ramp measured
along the street line shall be 7.3m.
Notwithstanding the provisions of the Residential 1 zone, the following site-specific
regulations shall apply:
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Maximum Lot Frontage
4.7m
Existing accessory buildings are permitted.
No minimum ground floor area requirement.
A-108: Concession 17, Part Lot 17 (Form. Part of 855 Chantler Road)
*Formerly A-304*
Notwithstanding the requirements of the Agricultural zone, these lands may be used for
agricultural uses including greenhouses, uses, buildings and structures accessory and
forestry and conservation uses and the following site-specific regulations shall apply:
Minimum Lot Frontage
91m
A-109: 855 Chantler Road
*Formerly A-305*
Notwithstanding the requirements of the Agricultural zone, the following site-specific
regulations shall apply:
Maximum Lot Coverage for an
Existing Accessory Structure
6.4% provided the maximum lot coverage of all
buildings does not exceed 10%
Maximum Building Height for an
Existing Accessory Structure
Existing as of the date of passing or 3.7m
R2-110: Park Place South Subdivision
*Formerly R2-306*
Section 2: Definitions is amended for the subject lands as follows:
"SECOND DWELLING UNIT" means a second dwelling unit on a lot with a principal
dwelling that is created through converting part of, or adding on to the existing dwelling
that maintains an independent entrance, or within a detached accessory building (e.g.
in-law suite, basement suite, coach house).
Notwithstanding the requirements of Section 3: General Provisions, the following
regulations shall apply:
a) Where this By-law provides that a lot, building or structure may be erected or
used for a purpose, that purpose shall include any accessory building, structure or
accessory use, but shall not include any occupation for gain or profit conducted
within or accessory to a dwelling unit except as in this by-law is specifically
permitted.
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227
b) Only one second dwelling unit is permitted per lot in a single detached, semi-
detached, or townhouse dwelling, or in their accessory building provided:
i.
The maximum floor area does not exceed 65m2;
ii.
A maximum of one entrance is permitted to face a street, inclusive of the
principal dwelling;
iii.
A minimum of one parking stall is required; and
iv.
Compliance with the Ontario Building Code and Fire Code, as applicable
c) Except as otherwise provided herein, no accessory building shall exceed 3.7m in
height and no accessory building containing a second dwelling unit shall exceed
6m in height.
d) Detached garages shall be located in the rear yard with a minimum rear setback of
6.0m to laneways, minimum 1.5m setback from end wall to interior side lot line or
0m setback from common wall to interior side lot line.
e) The maximum lot coverage shall be 15%
f) Dwelling units below grade are not permitted.
g) Notwithstanding the yard provisions of this By-law, unenclosed porches, balconies,
steps and patios, covered or uncovered shall not be permitted within 2m of the
front lot line or exterior side lot line, and 4.5m of the rear lot line provided that,
such uses are not more than 2m above ground. Uncovered patios and decks shall
not be permitted within 1.2m of a rear or side lot line provided that such uses are
not more than 0.3m above ground.
Notwithstanding the provisions of Section 4: Parking and Loading Requirements, the
following site-specific regulations shall apply:
a) Ingress and egress to and from required parking spaces and areas, hall be
provided by means of unobstructed driveways or passageways at least 3m wide,
where only one-way traffic is permitted or if the number of residential units is 3 or
less, and have a minimum width of 6.5m, but not more than 8m in perpendicular
width where two-way traffic is permitted.
b) All uses fronting Summersides Boulevard shall be accessed from a public or private
laneway.
c) The maximum width of any joint ingress and egress driveway ramp measured
along the street line shall be 8m.
Notwithstanding the requirements of the Residential 2 zone, the following site-specific
regulations shall apply:
Minimum Lot Area
360m2
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228
Minimum Lot Frontage
12m
Maximum Lot Coverage
There is no maximum lot coverage requirement
Minimum Front Yard
4m to dwelling front face and 6m to garage
Minimum Interior Side Yard
1.2m
Minimum Exterior Side Yard
3m
Minimum Rear Yard
6m
Maximum Height
3 storey or 12m, whichever is greater
Minimum Ground Floor Area for
Dwelling
One Storey: 88m2
Two or Three Storey: 50m2
RM1-111: Park Place South Subdivision
*Formerly RM1-307*
Section 2: Definitions is amended for the subject lands as follows:
"SECOND DWELLING UNIT" means a second dwelling unit on a lot with a principal
dwelling that is created through converting part of, or adding on to the existing dwelling
that maintains an independent entrance, or within a detached accessory building (e.g.
in-law suite, basement suite, coach house).
Notwithstanding the requirements of Section 3: General Provisions, the following
regulations shall apply:
a) Where this By-law provides that a lot, building or structure may be erected or
used for a purpose, that purpose shall include any accessory building, structure or
accessory use, but shall not include any occupation for gain or profit conducted
within or accessory to a dwelling unit except as in this by-law is specifically
permitted.
b) Only one second dwelling unit is permitted per lot in a single detached, semi-
detached, or townhouse dwelling, or in their accessory building provided:
i.
The maximum floor area does not exceed 65m2;
ii.
A maximum of one entrance is permitted to face a street, inclusive of the
principal dwelling;
iii.
A minimum of one parking stall is required; and
iv.
Compliance with the Ontario Building Code and Fire Code, as applicable
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c) Except as otherwise provided herein, no accessory building shall exceed 3.7m in
height and no accessory building containing a second dwelling unit shall exceed
6m in height.
d) Detached garages shall be located in the rear yard with a minimum rear setback of
6.0m to laneways, minimum 1.5m setback from end wall to interior side lot line or
0m setback from common wall to interior side lot line.
e) The maximum lot coverage shall be 15%
f) Dwelling units below grade are not permitted.
g) Notwithstanding the yard provisions of this By-law, unenclosed porches, balconies,
steps and patios, covered or uncovered shall not be permitted within 2m of the
front lot line or exterior side lot line, and 4.5m of the rear lot line provided that,
such uses are not more than 2m above ground. Uncovered patios and decks shall
not be permitted within 1.2m of a rear or side lot line provided that such uses are
not more than 0.3m above ground.
Notwithstanding the provisions of Section 4: Parking and Loading Requirements, the
following site-specific regulations shall apply:
a) Ingress and egress to and from required parking spaces and areas, hall be
provided by means of unobstructed driveways or passageways at least 3m wide,
where only one-way traffic is permitted or if the number of residential units is 3 or
less, and have a minimum width of 6.5m, but not more than 8m in perpendicular
width where two-way traffic is permitted.
b) All uses fronting Summersides Boulevard shall be accessed from a public or private
laneway.
c) The maximum width of any joint ingress and egress driveway ramp measured
along the street line shall be 8m.
Notwithstanding the requirements of the RM1 zone, the following site-specific
regulations shall apply:
Minimum Lot Frontage
6m
Minimum Corner Lot Frontage
7.5m
Minimum Front Yard
3m to dwelling front face and 6m to garage
Minimum Interior Side Yard
1.2m, 0m to common wall
Minimum Exterior Side Yard
3m
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Minimum Rear Yard
6m
Maximum Height
3 storey or 12m, whichever is greater
Minimum Ground Floor Area for
Dwelling
One Storey: 88m2
Two or Three Storey: 50m2
Landscape strips
There are no landscape strip requirements.
RM1-112: Park Place South Subdivision
*Formerly RM1-308*
Section 2: Definitions is amended for the subject lands as follows:
"DWELLING, BACK-TO-BACK TOWNHOUSE" means a townhouse dwelling that contains
dwelling units divided vertically from each other by common side walls and common rear
walls.
"SECOND DWELLING UNIT" means a second dwelling unit on a lot with a principal
dwelling that is created through converting part of, or adding on to the existing dwelling
that maintains an independent entrance, or within a detached accessory building (e.g.
in-law suite, basement suite, coach house).
Notwithstanding the requirements of Section 3: General Provisions, the following
regulations shall apply:
a) Where this By-law provides that a lot, building or structure may be erected or
used for a purpose, that purpose shall include any accessory building, structure or
accessory use, but shall not include any occupation for gain or profit conducted
within or accessory to a dwelling unit except as in this by-law is specifically
permitted.
b) Only one second dwelling unit is permitted per lot in a single detached, semi-
detached, or townhouse dwelling, or in their accessory building provided:
i.
The maximum floor area does not exceed 65m2;
ii.
A maximum of one entrance is permitted to face a street, inclusive of the
principal dwelling;
iii.
A minimum of one parking stall is required; and
iv.
Compliance with the Ontario Building Code and Fire Code, as applicable
c) Except as otherwise provided herein, no accessory building shall exceed 3.7m in
height and no accessory building containing a second dwelling unit shall exceed
6m in height.
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d) Detached garages shall be located in the rear yard with a minimum rear setback of
6.0m to laneways, minimum 1.5m setback from end wall to interior side lot line or
0m setback from common wall to interior side lot line.
e) The maximum lot coverage shall be 15%.
f) Dwelling units below grade are not permitted.
g) Notwithstanding the yard provisions of this By-law, unenclosed porches, balconies,
steps and patios, covered or uncovered shall not be permitted within 2m of the
front lot line or exterior side lot line, and 4.5m of the rear lot line provided that,
such uses are not more than 2m above ground. Uncovered patios and decks shall
not be permitted within 1.2m of a rear or side lot line provided that such uses are
not more than 0.3m above ground.
Notwithstanding the provisions of Section 4: Parking and Loading Requirements, the
following site-specific regulations shall apply:
a) Ingress and egress to and from required parking spaces and areas, hall be
provided by means of unobstructed driveways or passageways at least 3m wide,
where only one-way traffic is permitted or if the number of residential units is 3 or
less, and have a minimum width of 6.5m, but not more than 8m in perpendicular
width where two-way traffic is permitted.
b) All uses fronting Summersides Boulevard shall be accessed from a public or private
laneway.
c) The maximum width of any joint ingress and egress driveway ramp measured
along the street line shall be 8m.
Notwithstanding the requirements of the Residential Multiple 1 zone, back-to-back
townhouse dwellings shall also be permitted subject to the following site-specific
regulations:
Minimum Lot Frontage
6m
Minimum Corner Lot Frontage
10m
Minimum Lot Area
110m2 per dwelling unit
Minimum Front Yard
7.5m
Minimum Interior Side Yard
1.2m, 0m to common wall
Minimum Exterior Side Yard
3m
Minimum Rear Yard
0m
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Maximum Height
3 storey or 12m, whichever is greater
Minimum Ground Floor Area for
Dwelling
One Storey: 88m2
Two or Three Storey: 50m2
A-113: 588 Chantler Road
*Formerly A-309*
Notwithstanding the requirements of the Agricultural zone, the following site-specific
regulations shall apply:
Maximum Lot Coverage for an
accessory structure
1.58% provided the maximum lot coverage of all
buildings does not exceed 10%
Maximum Building Height for
an accessory structure
5.9m
A-114: Concession 13, Part of Lot 11 (Form. Part of 588 Chantler Road)
*Formerly A-310*
The lands identified as A-114 prohibits the use of the lands for residential purposes as
result of a Farm Surplus Severance (File No. B21/2021P) and be rezoned as Agricultural
Purposes Only (APO).
I-115: 1105 Baxter Lane & 769 Welland Road (Baxter Hall)
*Formerly I-265*
Notwithstanding the requirements of the Institutional zone, these lands may be used
for:
a)
Cemetery;
b)
Clinics;
c)
Daycare Centres;
d)
Long-term Care Facility or Retirement Homes;
e)
Municipal, Government or Public Uses;
f)
Offices;
g)
Personal Service Uses;
h)
Places of Worship;
i)
Public or Private Clubs;
j)
Retail uses with a floor area of less than 185m2 ;
k)
Schools; and
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TOWN OF PELHAM Zoning By-Law
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l)
Uses, buildings and structures accessory to the foregoing uses.
Notwithstanding the requirements of the Institutional zone, these lands are subject to
the following site-specific regulations:
Maximum Lot Coverage
43.4%
Minimum Front Yard
0.9m
Minimum Exterior Side Yard
3m
Minimum Side Yard
4m
Maximum Building Height
12m
Parking Requirements
70 spaces total
Ingress and Egress shall be provided by means of unobstructed driveways or
passageways of at least:
One-way Traffic: 3 metres
Two-way Traffic: 5.8 metres but not more than 9 metres in perpendicular width
Planting Strips
1.8m measured perpendicular to the lot line it adjoins
Yard Encroachments
Unenclosed porches, balconies, steps and patios,
covered or uncovered may project into any required
yard a maximum of 3.5m
DC-116: 151 Highway 20 East (Regional Road no. 20)
*no former exception*
In addition to the uses in the Downtown Corridor Zone, this land may also be used for a
car wash.
DC-117: 158 Highway 20 West (Regional Road no. 20)
*no former exception*
In addition to the uses in the Downtown Corridor Zone, this land may also be used for a
car wash.
A-118: 799 Balfour Road
*no former exception*
In addition to the uses in the Agricultural Zone, this land may also be used for an
existing landscape contractor.
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A-119: 605 Chantler Road
*no former exception*
In addition to the uses in the Agricultural Zone, this land may also be used for an
existing landscape contractor.
EP1/EP2-120: 110 Chantler Road
*no former exception*
In addition to the uses in the Environmental Protection 1 and Environmental Protection 2
Zones, this land may also be used for an existing construction company.
SA-121: 854 Canboro Road
*no former exception*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
the existing storage and retail sale of fireworks.
A-122: 421 Poth Street
*no former exception*
In addition to the uses in the Agricultural Zone, this land may also be used for an
existing tree removal service contractor.
SA-123: 2320 Maple Street
*no former exception*
In addition to the uses in the Specialty Agricultural Zone, this land may also be used for
an existing excavation services company.
A-124: 137 Chantler Road
*no former exception*
In addition to the uses in the Agricultural Zone, this land may also be used for an
existing construction company.
VC-125: 1522 Pelham Street
*Formerly GC-311
Notwithstanding the requirements of the Village Commercial Zone, the following site-
specific regulations shall apply:
Maximum Lot Coverage
50%
Maximum Gross Floor Area for Dwelling Units
96%
Maximum Building Height
13.0m
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Parking Requirements
1.2 spaces per dwelling unit
No minimum landscaped amenity area shall be required for dwelling units
No planting strip shall be required between the parking area and the interior lot line.
RM2-126: Park Place North Subdivision
*Formerly RM2-312
Section 2: Definitions is amended for the subject lands as follows:
"PEDESTRIAN BRIDGE OR CANOPY" means a structure connected to two buildings for
use by pedestrians to pass between two buildings.
Notwithstanding the requirements of Section 3: General Provisions, the following
regulations shall apply:
a) Notwithstanding the yard requirements of this By-law, unenclosed porches,
balconies, steps and patios, covered or uncovered shall not be permitted within
2.0m of the front lot line or exterior side lot line and 2.0m of the rear lot line
provided that, such uses are not more than 1.3m above ground. Uncovered patios
and decks shall not be permitted within 1.2m of a rear or side lot line provided
that, such uses are not more than 0.3m above the ground.
Notwithstanding the requirements of Section 4: Parking and Loading Requirements, the
following shall apply:
Use
Minimum # of Parking Spaces
Apartment Dwelling
1.25 spaces per dwelling unit
Block Townhouse Dwelling
1.5 spaces per dwelling unit
Nursing Home or Senior Citizens House Unit
0.5 spaces per unit
In addition to the uses permitted in the RM2 Zone, block townhouses, nursing homes
and senior citizen apartment houses shall also be permitted, provided that block
townhouse dwellings do not constitute more than 50% of the total number of dwelling
units and the following site-specific regulations shall apply:
Block Townhouse Dwellings
Minimum Lot Frontage
Block townhouses may be accessed via private road
within the subdivision plan
Minimum Lot Area
2000m2
Maximum Density
20-60 units per hectare
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Minimum Front Yard
3.0m to front face or 6.0m to garage
Minimum Interior Side
Yard
1.2m, except where the rear of the building faces a side
yard, the minimum side yard shall be 6.0m and the
minimum side yard abutting a street or internal roadway
shall be 2.0m
Minimum Rear Yard
6.0m
Maximum Building
Height
12.0m
Minimum Distance
Between Dwellings on
the Same Lot
Any face of one townhouse shall be no closer to any side
of another townhouse than 9.0m
Any face of any townhouse shall be no closer than 15.0m
to any face of another townhouse.
Any side of any townhouse shall be no closer than 3.0m
to any side of another townhouse
Minimum Landscaped
Area
25%
Apartment Dwellings or Nursing Homes and Senior Citizens Apartment Houses
Minimum Lot Area
75m2 per dwelling unit
Minimum Lot Frontage
30m for entire site
Frontage requirement deleted for land division
subsequent to Plan registration, subject to site plan
approval.
Minimum Lot Depth
38.0m
Minimum Lot Density
130.2 units per hectare
Maximum Lot Coverage
30%
Minimum Front Yard
4.0m to Meridian Way
Front yard setback to lot lines created subsequent to plan
registration is deleted subject to site plan approval.
Minimum Interior Side
Yard
4.5m, except 0m for an enclosed or unenclosed
pedestrian bridge.
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TOWN OF PELHAM Zoning By-Law
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Minimum Exterior Side
Yard
One half the height of the building or 7.0m to Meridian
Way, whichever is greater.
Minimum Landscaped
Area
35%
Maximum Height
5 storeys
R3-127: 1553 Pelham Street
*Formerly R3-313(H)
Notwithstanding the requirements of the Residential 3 zone, the following site-specific
regulations shall apply:
Maximum Lot Coverage
45%
Minimum Interior Side Yard
1.2m, except that no interior side yard setback shall
be required where a pair of semi-detached dwellings
on adjacent lots are attached by a common wall
along the shared property line separating such lots.
R1-128: 30, 54, 56, 64-68 Philmori Boulevard
*Formerly R1-314 and R1-315
In addition to the provisions of the Residential 1 zone, the following site-specific
regulations shall apply:
Minimum Rear Yard
7.5m
Notwithstanding any provisions of the Zoning By-law to the contrary, no buildings or
structures, including but not limited to, storage sheds, garages, pool houses,
swimming pools, decks and gazebos, shall be permitted within 7.5m of the rear lot
line.
A minimum 1.5m fence with no gate shall be provided along the rear lot line
R2-129: Forest Park Subdivision
*Formerly R2-316
Section 2: Definitions is amended for the subject lands as follows:
LOT FRONTAGE means the horizontal distance between the side lot lines of a lot
measured along the front lot line. Where the front lot line is not a straight line, or where
the side lot lines are not parallel, the lot frontage is determined from the lot centre line
to a point 7.5m back from the front lot line measured horizontally at 90 degrees from
the lot centre line between the side lot lines.
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TOWN OF PELHAM Zoning By-Law
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FINISHED GRADE means when used in reference to a building or structure, the elevation
of the finished surface of the ground adjoining the principal entrance of the structure.
Notwithstanding the requirements of Section 3: General Provisions, the following shall
apply:
a) Unenclosed porches, balconies, steps and patios, covered or uncovered shall not
be permitted within 2.0m of the front lot line or exterior side lot line, and 4.5m of
the rear lot line provided that, such uses are not more than 1.3m above ground.
Uncovered patios and decks shall be permitted up to 1.2m from a rear or side lot
line provided that such uses are not more than 0.3m above ground.
Notwithstanding the requirements of Section 4: Parking and Loading Requirements, the
following shall apply:
a) Ingress and egress to and from required parking spaces and areas, shall be
provided by means of unobstructed driveways or passageways at least 3.0m wide,
where only one-way traffic is permitted or if the number of residential units is 3 or
less, and have a minimum width of 6.5m, but not more than 7.3m in perpendicular
width where two-way traffic is permitted.
b) All uses fronting Port Robinson Road and Station Street from a point no more than
190m south of Port Robinson Road shall be accessed from a public or private rear
laneway or internal private driveway.
c) The maximum width of any joint ingress and egress driveway ramp measured
along the street line shall be 7.3m.
Notwithstanding the uses in the Residential 2 zone, these lands shall only be used for
one single detached dwelling; uses, buildings and structures accessory thereto; and
home occupations and the following site-specific regulations shall apply:
Minimum Lot Area
360m2
Minimum Lot Frontage
12.0m
Minimum Front Yard
4.0m to front face and 6.0m to garage (the garage of
the dwelling shall be a minimum of 0.6m behind the
front face of the dwelling or covered porch)
Minimum Interior Side Yard
1.2m on both sides where carport or garage is
attached, or 1.2m on one side and 3.0m on the other
side where there is no attached carport or garage.
Minimum Exterior Side Yard
3.0m
Minimum Rear Yard
4.0m
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TOWN OF PELHAM Zoning By-Law
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Minimum Rear Yard (Lot 34) 4.0m
Maximum Height
12.0m
Max. Attached Garage Width
Frontage
50% of the lot frontage for the first 6m
60% of lot frontage 6m behind the front lot line
Max. Driveway Width
Frontage
7.5m or 50% of the lot frontage
RM1-130: Forest Park Subdivision
*Formerly RM1-317
Notwithstanding the requirements of Section 3: General Provisions, the following shall
apply:
a) Unenclosed porches, balconies, steps and patios, covered or uncovered shall not
be permitted within 2.0m of the front lot line or exterior side lot line, and 4.5m of
the rear lot line provided that, such uses are not more than 1.3m above ground.
Uncovered patios and decks shall be permitted up to 1.2m from a rear or side lot
line provided that such uses are not more than 0.3m above ground.
Notwithstanding the requirements of Section 4: Parking and Loading Requirements, the
following shall apply:
a) Ingress and egress to and from required parking spaces and areas, shall be
provided by means of unobstructed driveways or passageways at least 3.0m wide,
where only one-way traffic is permitted or if the number of residential units is 3 or
less, and have a minimum width of 6.5m, but not more than 7.3m in perpendicular
width where two-way traffic is permitted.
b) All uses fronting Port Robinson Road and Station Street from a point no more than
190m south of Port Robinson Road shall be accessed from a public or private rear
laneway or internal private driveway.
c) The maximum width of any joint ingress and egress driveway ramp measured
along the street line shall be 7.3m.
Notwithstanding the uses in the Residential Multiple 1 zone, these lands shall only be
used for a semi-detached dwelling; a duplex dwelling; a triplex dwelling; a fourplex
dwelling; a converted dwelling; street townhouse dwellings; uses, buildings and
structures accessory thereto; and home occupations and the following site-specific
regulations shall apply:
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Semi-Detached, Duplex, Triplex, Fourplex and Converted Dwelling
Minimum Lot Area
150m2 per dwelling unit
Minimum Lot Frontage
15.0m
Minimum Front Yard
4.0m to front face and 6.0m to garage
Minimum Interior Side Yard
1.2m on both sides where carport or garage is
attached, or 1.2m on one side and 3.0m on the
other side where there is no attached carport or
garage.
Minimum Exterior Side Yard
3.0m
Minimum Rear Yard
6.0m
Maximum Height
12.0m
Max. Attached Garage Width
Frontage
7.5m or 60% of the lot frontage
Max. Driveway Width Frontage
7.0m or 50% of the lot frontage
Street Townhouse Dwellings
Minimum Lot Area
180m2 per dwelling unit
Minimum Lot Frontage
6.0m per dwelling unit, or 7.0m per dwelling unit
attached on one side only.
Minimum Front Yard
4.0m to front face and 6.0m to garage
Minimum Interior Side Yard
1.5m
Minimum Exterior Side Yard
3.0m
Minimum Rear Yard
6.0m
Maximum Height
12.0m
Max. Attached Garage Width
Frontage
7.5m or 60% of the lot frontage
Max. Driveway Width Frontage
7.0m or 60% of the lot frontage, or 20% of the lot
depth, whichever is less
RM2-131: Forest Park Subdivision
*Formerly RM2-318
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TOWN OF PELHAM Zoning By-Law
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Notwithstanding the requirements of Section 3: General Provisions, the following shall
apply:
a) Unenclosed porches, balconies, steps and patios, covered or uncovered shall not
be permitted within 2.0m of the front lot line or exterior side lot line, and 4.5m of
the rear lot line provided that, such uses are not more than 1.3m above ground.
Uncovered patios and decks shall be permitted up to 1.2m from a rear or side lot
line provided that such uses are not more than 0.3m above ground.
Notwithstanding the requirements of Section 4: Parking and Loading Requirements, the
following shall apply:
Apartment Dwelling
1.25 spaces per dwelling unit
a) Ingress and egress to and from required parking spaces and areas, shall be
provided by means of unobstructed driveways or passageways at least 3.0m wide,
where only one-way traffic is permitted or if the number of residential units is 3 or
less, and have a minimum width of 6.5m, but not more than 7.3m in perpendicular
width where two-way traffic is permitted.
b) All uses fronting Port Robinson Road and Station Street from a point no more than
190m south of Port Robinson Road shall be accessed from a public or private rear
laneway or internal private driveway.
c) The maximum width of any joint ingress and egress driveway ramp measured
along the street line shall be 7.3m.
Notwithstanding the uses in the Residential Multiple 2 zone, these lands shall only be
used for an apartment dwelling; an apartment dwelling above at-grade commercial or
daycare centre; street townhouse dwellings; block townhouse dwellings; daycare centre;
convenience retail and service commercial uses; uses, buildings and structures
accessory thereto; and home occupations and the following site-specific regulations shall
apply:
Apartment Dwelling or Apartment Dwelling with At-Grade Commercial or Daycare Centre
Minimum Lot Area
0.75ha for Daycare Centre
Minimum Lot Frontage
30.0m
Minimum Lot Depth
38.0m
Minimum Density
35 units per hectare
Maximum Density
160 units per hectare within 100.0m of Station
Street and Port Robinson Road, or 75 units per
hectare elsewhere
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Minimum Front Yard
3.0m
Minimum Interior Side Yard
3.0m or 10.0m when abutting single detached,
semi-detached or townhouse dwellings
Minimum Exterior Side Yard
3.0m
Minimum Rear Yard
3.0m or 10.0m where abutting single detached,
semi-detached or townhouse dwellings
Minimum Height
12.0m or 3-storeys, whichever is greater
Maximum Height
22.0m or 6-storeys whichever is less within
100.0m of Station Street and Port Robinson Road,
or 17.0m or 5-storeys whichever is less,
elsewhere
Minimum Landscaped Area
25%
Maximum Commercial Floor
Area
150m2 per unit/max 3 units
Street Townhouse Dwellings
Minimum Lot Area
120m2 per dwelling unit
Minimum Lot Frontage
6.0m per dwelling unit, or 7.0m per dwelling end
unit and 6.0m per dwelling end unit where garage
access from rear lane
Minimum Front Yard
3.0 m to front face, 6.0m to garage
Minimum Interior Side Yard
1.5m
Minimum Exterior Side Yard
3.0m to dwelling and 6.0m to garage
Minimum Rear Yard
6.0m
Maximum Height
12.0m
Max. Attached Garage Width
Frontage
7.5m or 60% of the lot frontage
Max. Driveway Width
7.0m or 60% of the lot frontage, or 20% of the lot
depth, whichever is less
Block Townhouse Dwellings
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TOWN OF PELHAM Zoning By-Law
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Minimum Lot Area
2000m2 per dwelling unit
Minimum Lot Frontage
22.0m
Minimum Density
20 units per hectare
Minimum Front Yard
3.0m on a street or internal laneway
Minimum Interior Side Yard
1.2m to dwelling, except where the rear of a building
faces the side yard, the minimum side yard shall be
6.0m
Detached Garage
May have a 0m setback with a shared wall on one
side and a 1.5m setback on the other side
Minimum Exterior Side Yard
3.0m on a street or internal laneway and 6.0m to
garage on a street or internal roadway
Minimum Rear Yard
6.0m, except where the side of a building faces the
rear yard, the minimum rear yard shall be 1.2m, or
0.5m to a garage on internal laneway
Distance between buildings
on the same lot
A FACE of a building means, one or other of the
longest walls of a building. Each building shall be
deemed to have two faces.
A SIDE of a building means, one or other of the
shortest walls on a building. Each building shall be
deemed to have two sides.
Any face of one townhouse shall be no closer to any
side of another townhouse than 7.2m.
Any side of any townhouse shall be no closer than
3.0m to any side of another townhouse.
Maximum Height
12.0m
Max. Attached Garage Width
w/o Rear Lane Access
7.5m or 60% of the dwelling
RM1-132: 690 Quaker Road
*Formerly RM1-132 (H) * Holding (H) Removed by By-law 67-2024
Notwithstanding the requirements of the Residential Multiple 1 zone, the following site-
specific regulations shall apply:
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TOWN OF PELHAM Zoning By-Law
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Minimum Lot Frontage
6.0m per dwelling unit, except in the case of an
interior lot containing a dwelling attached on one side,
the minimum lot frontage required shall be 8.0m
Minimum Interior Side Yard
1.5m
Maximum Height
8.5m
Planting Strip
Encroachment of the existing accessory building into
the 1.5m width planting strip where the boundary of
the RM1-135 Zoe abuts the R1 Zone is permitted
Landscape Strip
A minimum landscape strip of 1.5m wide and 2.1m
high shall be provided along the rear lot line
RM1-133 (H): 701 Quaker Road
*Formerly RM1-281 (H)
Notwithstanding the requirements of Section 3: General Provisions, the following shall
apply:
a) Unenclosed porches, balconies, steps and patios covered or uncovered, may
project into any required yard a maximum distance of 3.5m, but not less than
2.5m from any lot line provided that, in the case of any porches, steps or patios
such uses are not more than 1.3m above the ground.
Notwithstanding the requirements of the Residential Multiple 1 zone, this property shall
only be used for block townhouse dwellings and the following site-specific regulations
shall apply:
Minimum Lot Frontage
8.79m
Minimum Setback from Quaker Road
30.0m
Minimum Setback from Internal
Roadway
2.9m to a dwelling, 6.0m to a garage
Minimum Site Yard
6.0m to rear of dwelling, 1.5 m to side of
dwelling
Minimum Rear Yard
6.0m to rear of dwelling, 1.5m to side of
dwelling
Distance between buildings on the
same lot
Face to Side
7.0m
Face to Face
15.0m
Side to Side
3.0m
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TOWN OF PELHAM Zoning By-Law
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Planting Strip
A planting strip of 0.5m minimum in width
shall be provided along the eastern property
line of 703 Quaker Road and a planting strip
1.2m minimum in width shall be provided
along the western property line of 695
Quaker Road
Amenity Area
Each dwelling unit shall be provided with a
yard 6.0m in depth measured from the rear
wall of the dwelling to the lot line, as private
amenity space.
The lifting of the holding (H) provision for the RM1-133 (H) Zone for 701 Quaker Road
shall be subject to the execution of Condominium and Site Plan Agreements addressing
servicing and drainage to the satisfaction of the Director of Public Works or their
designate.
EF-MU1-134: Village of East Fonthill
*Formerly EF-MU1
1.0 Permitted Uses
The following uses are permitted within the East Fonthill Mixed - Use 1 (EF - MU1) Zone:
a) Commercial, professional, medical and/or government offices;
b) Retail commercial uses including retail stores, restaurants and personal services,
with Gross Leasable Floor Areas greater than 150 m2 (1,615 ft2) per business; and
retail commercial uses including retail stores, restaurants and personal services,
with Gross Leasable Floor Areas between 100 m2 (1076.39 ft2) and 150 m2
(1614.59 ft2) per business are permitted up to a maximum of 18% of the total
Gross Leasable Floor Area per lot.
c) Space extensive retail uses selling products such as:
i. automotive related products;
ii. large and bulky goods such as furniture and appliances;
iii. hardware and home improvement materials;
iv. food/groceries; and
v. nursery or garden supply products;
d) Hotels and tourist accommodations;
e) Conference and convention centres;
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TOWN OF PELHAM Zoning By-Law
246
f) Cultural, recreational and entertainment uses;
g) Public and private institutional uses;
h) Parks and urban squares;
i) Public uses and public and private utilities;
j) Public art installations; and
k) Public roads, active transportation facilities and transit facilities.
2.0
Development Regulations
a) Retail uses including retail stores, restaurants and personal services shall be
required at-grade in all buildings, with the following exceptions:
i. A hotel, where at-grade uses may include hotel functions in conjunction with
hotel-related commercial uses. Hotel-related commercial uses may include
associated retail stores, restaurants and personal services that may have Gross
Leasable Floor Areas of less than 150 m2 (1,615 ft2), as long as they are wholly
incorporated with the primary hotel use; or
ii. A medical office, where at-grade uses may include office and office-related
functions in conjunction with retail stores, restaurants and personal service uses;
or
iii. A conference or convention centre, cultural, recreational and entertainment
uses, and public and private institutional uses, where at-grade uses may include
the primary use, as well as retail stores, restaurants and personal service uses.
b) A maximum of two (2) drive-through facilities are permitted within this Zone, to
be generally located as identified symbolically on Schedule 1.
c) The EF- MU1 Zone may accommodate a maximum total Gross Floor Area of
30,000 m2 (322,917 ft2) for all permitted uses.
d) Minimum building height: 2 storeys, or 6.0 m (19.7 ft), whichever is greater.
e) Maximum building height: 10 storeys, or 35.0 m (114.8 ft), whichever is less.
f) For all yards abutting Highway 20 East (Regional Road 20), Street B, or Street C,
there shall be no distinction between what is the Front Yard, Rear Yard or Exterior
Side Yard. For any buildings abutting or adjacent to Highway 20 East (Regional
Road 20), Street B, or Street C the following Build-Within Zones shall apply:
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i.
Buildings that abut, or are adjacent to Highway 20 East (Regional Road 20)
shall provide a front façade and main front wall in a Build-Within Zone of 0.0
to 3.0 m (0.0 to 9.8 ft), measured from the lot line abutting Highway 20
East (Regional Road 20) (as per Schedule 4).
ii.
Notwithstanding i. above, the front façade/main front wall of the two
permitted drive-through facilities identified symbolically on Schedule 1, shall
have a Build-Within Zone of 2.0 to 24.0 m (6.6 ft to 78.7 ft), and shall
include a landscaped area of 2.0 m (6.6 ft) abutting the front property line
(as per Schedule 4). The identified landscaped area shall include decorative
fencing and plantings that screen the drive-through lane and parking in front
of the permitted drive-through uses.
iii.
Buildings that abut, or are adjacent to both Highway 20 East (Regional Road
20) and Street B (the corner location) shall provide a front façade or an
exterior side façade with the same level of design and materiality as the
front façade, in a Build-Within Zone of 0.0 to 12.0 m (0.0 to 39.4 ft),
measured from the Street B Right-of-Way (as per Schedule 4). The façade
abutting or adjacent to Highway 20 East (Regional Road 20) shall have a
Build-Within Zone of 0.0 to 3.0 m (0.0 to 9.8 ft) (as per Schedule 4).
iv.
Where a building abuts or is adjacent to Street B, the front façade and main
front wall of the building shall be developed within the 0.0 to 3.0 m (0.0 to
9.8 ft) Build-Within Zone (as per Schedule 4).
v.
Where a building abuts or is adjacent to Street C, west of Street B, the
building wall shall be developed with a minimum setback of 4.0 m (13.1 ft),
and shall include a minimum 4.0 m (13.1 ft) landscaped buffer strip abutting
the Street C Right-of-Way (as per Schedule 4).
vi.
Where a building abuts or is adjacent to Street C, east of Street B, the front
façade and main front wall of the building shall be developed within the 0.0
to 3.0 m (0.0 to 9.8 ft) Build-Within Zone (as per Schedule 4).
vii.
Where a building abuts, or is adjacent to the OS Zone, the adjacent building
wall shall be developed within the 1.5 to 4.0 m (4.9 to 13.1 ft) Build-Within
Zone (as per Schedule 4). Lands within 0.0 and 1.5 m (0.0 to 4.9 ft) of the
property line shall include a landscape buffer strip abutting Street B and/or
the EF - OS zone. An exception to this requirement affects the development
of the northwest quadrant of the intersection of Street B and Street C as
identified symbolically on Schedule 1. In this location, a phased
development is anticipated, and the following regulations shall apply:
i. In Phase 1, the Build-Within Zone shall be 21.5 to 26.5 m (70.5 to
86.9 ft) from the boundary of the EF - OS Zone. The lands located
within that Build-Within Zone shall be appropriately landscaped, and
shall not be used for a permanent or temporary parking lot; and
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ii. In Phase 2, the Build-Within Zone shall be 1.5 to 6.5 m (4.9 to 21.3 ft)
from the boundary of the EF - OS Zone.
viii.
Where a building abuts or is adjacent to the westerly boundary of the EF -
MU1 Zone, the building wall shall be developed with a minimum setback of
2.0 m (6.6 ft).
ix.
Where a parking lot or parking space abuts Highway 20 East (Regional Road
20), it shall be set back a minimum of 3.0 m (9.8 ft) from the road right-of-
way, except where developed in conjunction with either of the two (2) drive-
through facilities identified on Schedule 1. For parking spaces developed as
part of either drive-through facility, the minimum setback from Highway 20
East (Regional Road 20) Right-of-Way shall be 2.0 m (6.6 ft).
x.
Where a parking lot or parking space abuts Street A, Street B, or Street C
east of Street B, it shall be set back a minimum of 3.0 m (9.8 ft) from the
road right-of-way.
xi.
Where a parking lot or parking space abuts Street C west of Street B, it shall
be set back a minimum of 3.0 m (9.8 ft) from the road right-of-way.
xii.
The minimum distance separation between buildings shall be 4.0 m (13.1 ft)
for any buildings less than 3-storeys in height. Buildings taller than 3-
storeys shall be separated by a minimum of 5.0 m (16.4 ft).
g) The building envelopes established by this Zone are identified on Schedules 2 and
3. The Build-Within Zones for buildings are identified on Schedule 4.
3.0
Parking Requirements
a) All development shall include parking for vehicles and bicycles located at-grade
and/or located within a structure. Within the specified parking space requirements,
all development shall include appropriate spaces for visitors parking, parking for
persons with disabilities, and/or parking for parents with young children, wherever
appropriate.
b) For all permitted office uses - 2.75 to 3.25 spaces per 100 m2 (1,076.4 ft2) of
Gross Leasable Floor Area.
c) Notwithstanding b) above, for a medical office use, the parking requirement shall
be between 4.0 and 5.25 spaces per 100 m2 (1,076.4 ft2) of Gross Leasable Floor
Area.
d) For all permitted retail and service commercial uses, including restaurants - 4.25
to 5.25 spaces per 100 m2 (1,076.4 ft2) of Gross Leasable Floor Area.
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e) For all other permitted uses - 3.0 to 4.0 spaces per 100 m2 (1,076.4 ft2) of Gross
Floor Area.
EF-MU2-135: Village of East Fonthill
*Formerly EF-MU2
1.0 Permitted Uses
The following uses are permitted within the East Fonthill Mixed - Use 2 (EF - MU2) Zone:
a) Commercial, professional, medical and/or government offices;
b) Retail commercial uses including retail stores, restaurants and personal services,
with Gross Leasable Floor Areas greater than 100 m2 (1,076.39 ft2) and less than
1,000 m2 (10,763.9 ft2) per business;
c) Hotels and tourist accommodations;
d) Conference and convention centres;
e) Cultural, recreational and entertainment uses;
f) Public and private institutional uses;
g) Townhouses and apartment buildings;
h) Housing for seniors and/or special needs housing;
i) Child care facilities;
j) Parks and urban squares;
k) Public uses and public and private utilities;
l) Public art installations; and
m) Public roads, active transportation facilities and transit facilities.
2.0 Development Regulations
a) A maximum of two drive-through facilities of any kind are permitted in the EF-
MU2-135 Zone.
b) Minimum building height: 2-storeys, or 6.0 m (19.7 ft), whichever is greater.
c) Maximum building height: 10-storeys, or 35.0 m (114.8 ft), whichever is less.
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d) For all yards abutting Highway 20 East (Regional Road 20), Street C or Rice Road
(Regional Road 54), there shall be no distinction between what is the Front Yard,
Rear Yard or Exterior Side Yard. For any buildings abutting or adjacent to Highway
20 East (Regional Road 20), Street C, or Rice Road (Regional Road 54), the
following Build-Within Zones shall apply:
i.
Where a building abuts or is adjacent to Street C or Rice Road (Regional
Road 54), the front façade and main front wall of the building shall be
developed within the 0.0 to 3.0 m(0.0 9.8 ft) Build-Within Zone. Buildings
which abut the storm sewer easement may have a Build-Within Zone of 9.69
to 16.57 m (31.8 to 54.4 ft).
ii.
Where a building abuts or is adjacent to Street C or Rice Road (Regional
Road 54), the front façade and main front wall of the building shall be
developed within the 0.0 to 3.0 m (0.0 to 9.8 ft) Build-Within Zone (as per
Schedule 4). A larger setback may be required for residential uses that abut
Rice Road (Regional Road 54), subject to the requirements of a Noise
Mitigation Report.
iii.
Where a building abuts, or is adjacent to an EF - SWM Zone, it shall be set
back from the boundary of the EF - SWM Zone a minimum of 3.0 m (9.8 ft)
(as per Schedule 4). A landscape buffer shall be included within the
requirement development setback.
iv.
Where a parking lot or parking space abuts Highway 20 East (Regional Road
20) or Rice Road (Regional Road 54), it shall be set back a minimum of 3.0
m (9.8 ft). A landscape buffer shall be included within the requirement
development setback.
v.
The minimum distance separation between buildings shall be 3.0 m (9.8 ft)
for townhouse/live-work buildings 3-storeys or less, or 4.0 m (13.1 ft) for
any other buildings less than 3-storeys in height. Buildings taller than 3-
storeys shall be separated by a minimum of 5.0 m (16.4 ft).
e) The building envelopes established by this Zone are identified on Schedules 2 and
3. The Build-Within Zones for buildings are identified on Schedule 4.
3.0 Parking Requirements
a) All development shall include parking for vehicles and bicycles located at-grade
and/or located within a structure. Within the specified parking space requirements,
all development shall include appropriate spaces for visitors parking, parking for
persons with disabilities, and/or parking for parents with young children, wherever
appropriate.
b) For all permitted residential uses - 1.00 to 1.25 spaces per unit. Seniors housing
has a parking requirement of between 0.5 and 0.75 spaces per unit.
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c) For all permitted office uses - 2.75 to 3.25 spaces per 100 m2 (1,076.4 ft 2) of
Gross Leasable Floor Area.
d) Notwithstanding c) above, for a medical office use, the parking requirement shall
be between 4.0 and 5.25 spaces per 100 m2 (1,076.4 ft 2) of Gross Leasable Floor
Area.
e) For all permitted retail and service commercial uses, including restaurants - 4.25
to 5.25 spaces per 100 m2 (1,076.4 ft 2) of Gross Leasable Floor Area.
f) For all other permitted uses - 3.0 to 4.0 spaces per 100 m2 (1,076.4 ft 2) of
Gross Floor Area.
EF-MU3-136: Village of East Fonthill
*Formerly EF-MU3
1.0 Permitted Uses
The following uses are permitted within the East Fonthill Mixed - Use 3 (EF - MU3) Zone:
a) A Multi-Use Recreational Facility, including cultural, recreational and
entertainment uses;
b) Commercial, professional, medical and/or government offices;
c) Retail commercial uses including retail stores, restaurants and personal services,
with Gross Leasable Floor Areas greater than 150 m2 (1,614.6 ft2) and less than
1,000 m2 (10,763.9 ft2) per business;
d) Hotels and tourist accommodations;
e) Conference and convention centres;
f) Public and private institutional uses;
g) Townhouses and apartment buildings;
h) Housing for seniors and/or special needs housing;
i) Child care facilities;
j) Parks and urban squares;
k) Public uses and public and private utilities;
l) Public art installations; and,
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m) Public roads, active transportation facilities and transit facilities.
2.0 Development Regulations
a) Minimum building height: 2-storeys, or 6.0 m (19.7 ft), whichever is greater.
b) Maximum building height: 10-storeys, or 35.0 m (114.8 ft), whichever is less.
c) For all yards abutting Street B, Street C, Street D, or Rice Road (Regional Road
54), there shall be no distinction between what is the Front Yard, Rear Yard or
Exterior Side Yard. For any buildings abutting or adjacent to Street B, Street C,
Street D or Rice Road (Regional Road 54), the following setbacks shall apply:
i.
Buildings that abut, or are adjacent to Street B, Street C or Street D shall
provide a front façade and main front wall in a Build-Within Zone of 0.0 to
3.0 m (0.0 to 9.8 ft) (as per Schedule 4).
ii.
Where a building abuts or is adjacent to Rice Road (Regional Road 54), the
front façade and main front wall of the building shall be developed within the
0.0 to 3.0 m (0.0 to 9.8 ft) Build-Within Zone (as per Schedule 4). A larger
setback may be required for residential uses that abut Rice Road (Regional
Road 54), subject to the requirements of a Noise Mitigation Report.
iii.
Where a building abuts, or is adjacent to an OS Zone, it shall be set back
from the boundary of the OS Zone a minimum of 3.0 m (9.8 ft) (as per
Schedule 4). A landscape buffer shall be included within the requirement
development setback.
iv.
Where a building abuts, or is adjacent to an OS Zone, it shall provide a main
front wall or front façade within a Build-Within Zone of 0.0 to 3.0 m (0.0 to
9.8 ft) (as per Schedule 4). A landscape buffer shall be included within the
requirement development setback.
v.
Where a parking lot or parking space abuts Street B, Street C, Street D, or
Rice Road (Regional Road 54), it shall be set back a minimum of 3.0 m (9.8
ft). A landscape buffer shall be included within the requirement development
setback.
vi.
The minimum distance separation between buildings shall be 3.0 m (9.8 ft)
for townhouse/live-work buildings 3-storeys or less, or 4.0 m (13.1 ft) for
any other buildings less than 3-storeys in Height. Buildings taller than 3-
storeys shall be separated by a minimum of 5.0 m (16.4 ft).
d) The building envelopes established by this Zone are identified on Schedules 2 and
3. The Build-Within Zones for buildings are identified on Schedule 4.
3.0 Parking Requirements
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a) All development shall include parking for vehicles and bicycles located at-grade
and/or located within a structure. Within the specified parking space requirements,
all development shall include appropriate spaces for visitors parking, parking for
persons with disabilities, and/or parking for parents with young children, wherever
appropriate.
b) For all permitted residential uses - 1.00 to 1.25 spaces per unit. Seniors housing
has a parking requirement of between 0.5 and 0.75 spaces per unit.
c) For all permitted office uses - 2.75 to 3.25 spaces per 100 m2 (1,076.4 ft2) of
Gross Leasable Floor Area.
d) Notwithstanding c) above, for a medical office use, the parking requirement shall
be between 4.0 and 5.25 spaces per 100 m2 (1,076.4 ft2) of Gross Leasable Floor
Area.
e) For all permitted retail and service commercial uses, including restaurants - 4.25
to 5.25 spaces per 100 m2 (1,076.4 ft2) of Gross Leasable Floor Area.
f) For a permitted Multi-Use Recreational Facility, that includes any continuation of
cultural, recreational and/or entertainment uses, as well as associated office
space, and/or retail stores, restaurants and personal service uses - 2.0 to 3.5
spaces per 100 m2 (1,076.4 ft2) of Gross Floor Area.
g) For all other permitted uses - 3.0 to 4.0 spaces per 100 m2 (1,076.4 ft2) of Gross
Floor Area.
R2-137: Summersides Village
*Formerly R2-322
Notwithstanding the requirements of Section 3: General Provisions, the following
regulations shall apply:
a) Notwithstanding the yard provisions of this By-law, unenclosed porches, balconies,
steps and patios, covered or uncovered shall not be permitted within 2.0m of the
front lot line or exterior side lot line, and 4.5m of the rear lot line provided that
such uses are not more than 1.3m above ground. Uncovered patios and decks
shall not be permitted within 1.2m of a rear or side lot line provided that such uses
are not more than 0.3m above ground.
Notwithstanding the regulations of the Residential 2 Zone, the following site-specific
regulations shall apply:
Minimum Front Yard
4.0m to dwelling front face and 6.0m to garage
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Minimum Interior Side Yard
1.2m on both sides where a carport or garage is
attached, 1.2m on one side and 3.0m on the other
side where there is no attached carport or garage
Minimum Exterior Side Yard
4.0m
R2-138: Saffron Meadows Phase 1 and 2
*Formerly R2-266
Notwithstanding the provisions of Section 3: General Provisions, the following shall
apply:
a) A covered porch is permitted to encroach into a front and exterior side yard 1.5m
and into a rear yard 3.0m.
Notwithstanding the provisions of the Residential 2 zone, the following site-specific
regulations shall apply:
Minimum Front Yard
4.5m to the front face of the dwelling and 6.0m to
the front face of the garage
Minimum Exterior Side Yard
3.0m
Minimum Interior Side Yard
1.2m and 3.0m on the other side where there is no
attached carport or garage or 1.2 on both sides
where there is an attached carport or garage
Minimum Rear Yard
6.0m
R2-139 (H): Saffron Meadows Phase 1 and 2
*Formerly R2-266 (H)
Notwithstanding the provisions of Section 3: General Provisions, the following shall
apply:
a) A covered porch is permitted to encroach into a front and exterior side yard 1.5m
and into a rear yard 3.0m.
Notwithstanding the provisions of the Residential 2 zone, the following site-specific
regulations shall apply:
Minimum Front Yard
4.5m to the front face of the dwelling and 6.0m to
the front face of the garage
Minimum Exterior Side Yard
3.0m
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Minimum Interior Side Yard
1.2m and 3.0m on the other side where there is no
attached carport or garage or 1.2 on both sides
where there is an attached carport or garage
Minimum Rear Yard
6.0m
RM1-140: Saffron Meadows Phase 1 and 2
*Formerly RM1-267
Notwithstanding the provisions of the Residential Multiple 1 zone, these lands may only
be used for block townhouse dwellings and uses, buildings and structures accessory
thereto, and the following site-specific regulations shall apply for block townhouse
dwellings:
Minimum Lot Frontage
12.0m
Minimum Lot Area
1.4ha
Minimum Density
Minimum 22 units per hectare
Minimum Side Yard
1.5m except where the rear of a building faces the
side yard the minimum side yard shall be 6.0m and
the minimum side yard abutting a street or an
internal roadway shall be 3.0m
Minimum Rear Yard
6.0m
Distance Between Buildings on
the Same Lot
A FACE OF A BUILDING means one or other of the
longest walls of a building. Each building shall be
deemed to have two faces.
A SIDE OF A BUILING means one or other of the
shortest walls on a building. Each building shall be
deemed to have two sides.
Any face of one townhouse shall be no closer to any
side of another townhouse than 9.0m
Any face of any townhouse shall be no closer than
15.0m to any face of another townhouse
Any side of any townhouse shall be no closer than
3.0m to any side of another townhouse
RM1-141: Saffron Meadows Phase 1 and 2
*Formerly RM1-268
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Notwithstanding the provisions of Section 3: General Provisions, the following shall
apply:
b) A covered porch is permitted to encroach into a front and exterior side yard 1.5m
and into a rear yard 3.0m.
Notwithstanding the provisions of the Residential Multiple 1 zone, these lands may only
be used for street townhouse dwellings and uses, buildings and structures accessory
thereto, and the following site-specific regulations shall apply for street townhouse
dwellings:
Minimum Lot Frontage
6.0m per dwelling unit
Minimum Corner Lot Frontage
11.0m
Minimum Lot Area
180m2
Minimum Front Yard
4.5m to the front face of the dwelling and 6.0m to
the front face of the garage
Minimum Exterior Side Yard
3.0m
Minimum Interior Side Yard
1.2m or 0 for a common wall
Minimum Rear Yard
6.5m
Planting Strip
No requirement
RM1-142 (H): Saffron Meadows Phase 1 and 2
*Formerly RM1-268 (H)
Notwithstanding the provisions of Section 3: General Provisions, the following shall
apply:
a) A covered porch is permitted to encroach into a front and exterior side yard 1.5m
and into a rear yard 3.0m.
Notwithstanding the provisions of the Residential Multiple 1 zone, these lands may only
be used for street townhouse dwellings and uses, buildings and structures accessory
thereto, and the following site-specific regulations shall apply for street townhouse
dwellings:
Minimum Corner Lot Frontage
12.0m
Minimum Lot Area
180m2
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Minimum Front Yard
4.5m to the front face of the dwelling and 6.0m to
the front face of the garage
Minimum Exterior Side Yard
3.0m
Minimum Interior Side Yard
1.2m or 0 for a common wall
Minimum Rear Yard
6.5m
Planting Strip
No requirement
RM1-143 (H): Saffron Meadows Phase 1 and 2
*Formerly RM1-269 (H)
Notwithstanding the provisions of the Residential Multiple 1 zone, these lands may only
be used for block townhouse dwellings and uses, buildings and structures accessory
thereto, and the following site-specific regulations shall apply for block townhouse
dwellings:
Minimum Lot Frontage
10.0m
Minimum Lot Area
0.9ha
Minimum Density
Minimum 20 units per hectare
Minimum Side Yard
1.5m except where the rear of a building faces the
side yard the minimum side yard shall be 6.0m and
the minimum side yard abutting a street or an
internal roadway shall be 3.0m
Minimum Rear Yard
6.0m
Distance Between Buildings on
the Same Lot
A FACE OF A BUILDING means one or other of the
longest walls of a building. Each building shall be
deemed to have two faces.
A SIDE OF A BUILING means one or other of the
shortest walls on a building. Each building shall be
deemed to have two sides.
Any face of one townhouse shall be no closer to any
side of another townhouse than 9.0m
Any face of any townhouse shall be no closer than
15.0m to any face of another townhouse
Any side of any townhouse shall be no closer than
3.0m to any side of another townhouse
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VC-144: Church Hill (Corner of Church Hill and Hwy #20 - Fonthill United
Church)
*no former exception
In addition to the use of the Village Commercial zone, the subject lands may be used as
a parking area for the Fonthill United Church located at 42 Church Hill.
R2-145: River Estates Subdivision
*formerly R2-254
Notwithstanding the provisions of the Residential 2 zone, the following special
regulations shall apply:
Minimum Lot Frontage
12.0m
Minimum Corner Lot Frontage
15.0m
Minimum Lot Area
360m2
Minimum Front Yard
4.5m to the front face of the dwelling and 6.0m to
the front face of the garage
Minimum Exterior Side Yard
3.0m
Minimum Interior Side Yard
1.2m
Minimum Rear Yard
7.5m
Minimum GFA for a Dwelling
93m2 - 1 Storey
55m2 - 2 Storey
Maximum Building Height
3 storeys or 12.0m whichever is less
RM2-146: River Estates Subdivision
*formerly RM2-256
Notwithstanding the regulations of the Residential Multiple 2 zone, these lands may be
used for apartment dwellings; block townhouse dwellings; and uses, buildings and
structures accessory to the foregoing permitted uses, and the the following special
regulations shall apply:
Apartment Dwellings
Minimum Lot Frontage
30.0m
Minimum Density
78 units per hectare
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Minimum Lot Depth
38.0m
Minimum Lot Coverage
40%
Minimum Front Yard
3.0m
Minimum Exterior Side Yard
3.0m
Minimum Interior Side Yard
3.0m
Minimum Rear Yard
7.5m
Minimum Landscaped Area
30%
Maximum Building Height
10 storeys or 35.0m whichever is less
Minimum Building Height
3 storeys or 11.0m whichever is greater
Minimum First Floor Building
Height
4.0m
Block Townhouse Dwellings
Minimum Lot Frontage
30.0m
Minimum Lot Area
0.2ha
Minimum Density
35 dwelling units per hectare
Minimum Front Yard
4.5m to the front face of the dwelling and 6.0m to
the front face of the garage
Minimum Interior Side Yard
3.0m where abutting a street or internal roadway
Minimum Rear Yard
6.0m
Minimum GFA for a Dwelling
88m2 - 1 Storey
50m2 - 2 Storey
Maximum Building Height
12.0m
Distance Between Buildings on
the Same Lot
Interior Side Yard
From End Wall
2.69m
From Rear Wall
6.0m
Rear Yard
From End Wall
3.0m
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From Rear Wall
6.0m
Between Buildings
Between End Walls
3.0m
Between Rear Walls
8.0m
Between End and Rear Wall 6.0m
Minimum Distance to Private Road
To Attached Garage
6.0m
To Dwelling
2.45m
Maximum Unit Driveway Width
50%
Minimum Landscaped Area
25%
RM1-147: Hummel Properties Inc.
*formerly RM1-263
Notwithstanding the provisions of the Residential Multiple 1 zone, the following special
regulations shall apply:
Minimum Corner Lot Frontage
9.0m
Minimum Exterior Side Yard
1.5m
Minimum Interior Side Yard
1.5m or 0m to a common wall
R1-148: 1039 Church Street
*no former exception
Notwithstanding Section 6.1.2 of the Residential One Zone, the following special
regulation shall apply:
Minimum Lot Frontage
12.0 m
RM2-149: 1039 Church Street
*no former exception
Notwithstanding Section 3: General Provisions, the following special regulations shall
apply:
a) Where land is required to be used for no other purpose than a landscape strip, it shall
have a minimum width of 1.5m, measured perpendicular to the lot line it adjoins,
except in the case of a rear yard swale where a minimum width of 1.5m shall be
required.
Notwithstanding Section 4: Parking and Loading Requirements, the following special
regulations shall apply:
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Parking Area Location on Lot:
Apartment dwelling
Shall be permitted except in any front yard and corner yard provided that no part of any
parking area, other than a driveway is located closer than 7.5m to any street line and no
closer than 1.5m to any side lot line or rear lot line.
Notwithstanding the provisions of the Residential Multiple 2 zone, the following special
regulations shall apply:
Minimum Corner Lot Frontage
9.4m
Minimum Lot Area
232m2 per unit
Minimum Front Yard
78.0m
Maximum Front Yard
78.0m
Minimum Rear Yard
5.0m
R2-150: Park Place West Subdivision
*formerly R2-324
Notwithstanding the provisions of Section 3: General Provisions the following shall
apply:
a) Notwithstanding the yard provisions of this By-law, unenclosed porches, balconies,
steps and patios, covered or uncovered shall not be permitted within 2.0m of the
front lot line or exterior side lot line, and 4.5m of the rear lot line, provided that,
such uses are not more than 2.0m above ground. Uncovered patios and decks
shall not be permitted within 1.2m of a rear or side lot line provided that such uses
are not more than 0.3m above ground.
Notwithstanding the regulations of the Residential Two R2 Zone, the following site
specific regulations shall apply:
Single Detached Dwelling
Minimum Lot Area
360m2
Minimum Lot Frontage
12.0m
Maximum Lot Coverage
50%
Minimum Front Yard
4.0m to front face; 6.0m to garage
Minimum Interior Side Yard
6.0m
Minimum Rear Yard
6.0m
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Maximum Height
10.5m
Minimum Ground Floor Area One Storey: 88m2
Two or Three Storey: 50m2
RM1-151: Park Place West Subdivision
*formerly RM1-325
Notwithstanding the provisions of Section 3: General Provisions the following shall
apply:
a) Daylighting Triangle: A building or structure shall be permitted within the
daylighting triangle subject to meeting the minimum exterior side and front yard
regulations.
b) Notwithstanding the yard provisions of this By-law, unenclosed porches, balconies,
steps and patios, covered or uncovered shall not be permitted within 2.0m of the
front lot line or exterior side lot line, and 4.5m of the rear lot line, provided that,
such uses are not more than 2.0m above ground. Uncovered patios and decks
shall not be permitted within 1.2m of a rear or side lot line provided that such uses
are not more than 0.3m above ground.
Notwithstanding the regulations of the Residential Multiple One RM1 Zone, the following
site specific regulations shall apply:
Semi-detached Dwelling
Minimum Lot Frontage 7.8m
Minimum Lot Area
250m2 per dwelling unit
Minimum Front Yard
3.0m from front face or 6.0m to garage
Minimum Side Yard
1.2m
Minimum Rear Yard
6.0m
Maximum Height
10.5m
Street Townhouse Dwelling
Minimum Lot Frontage
6.0m
Minimum Corner Lot Frontage 7.5m
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Minimum Lot Area
170m2 per dwelling unit
Minimum Front Yard
3.0m to front face or 6.0m to garage
Minimum Exterior Side Yard
3.0m
Minimum Interior Side Yard
1.2m or 0m to common wall
Minimum Rear Yard
6.0m
Maximum Height
10.5m
Minimum Ground Floor Area
One Storey: 88m2
Two or Three Storey: 50m2
Landscape Strips
There are no landscape strip requirements
A-152: 364 Foss Road
*formerly A-52
In addition to the uses in the Agricultural Zone, this land may also be used for a sod and
fertilizer retail outlet, farm supply and service establishment and accessory office uses.
R1-153(H): Oak Haven Estates Subdivision
*formerly RV1-233(H)
Notwithstanding the regulations of the Residential One R1 Zone, these lands may only
be used for single detached dwellings and uses, buildings and structures accessory
thereto and the following site-specific regulations shall apply:
Minimum Lot Frontage
Interior Lot: 14.0m
Corner Lot: 18.0m
Minimum Lot Area
490m2
Maximum Lot Coverage
35%
Minimum Front Yard
6.0m
Minimum Interior Side Yard
1.5m
Minimum Exterior Side Yard
4.5m to front face or 8.0m to garage
Minimum Rear Yard
7.5m
Maximum Building Height
10.5m
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Minimum Ground Floor Area
One Storey: 93m2
Two Storey: 56m2
Garage projection shall be permitted a maximum of 1.0m beyond the mail wall of the
front of the dwelling
RM1-154: Oak Haven Estates Subdivision
*formerly RMV1-235
Notwithstanding the regulations of the Residential Multiple One RM1 Zone, these lands
may only be used for street townhouse dwellings and uses, buildings and structures
accessory thereto and the following site-specific regulations shall apply:
Minimum Lot Frontage
7.0m per dwelling unit
Minimum Lot Area
240 m2 per dwelling unit
Minimum Front Yard
6.0m to front face or 8.0m to garage
Minimum Interior Side Yard
1.5m
Minimum Rear Yard
7.5m
Maximum Building Height
10.5m
Minimum Ground Floor Area
One Storey: 75m2
Two Storey: 45m2
Garage Projection shall be permitted a maximum of 1.0m beyond the mail wall of the
front of the dwelling
RM1-155: Oak Haven Estates Subdivision
*formerly RMV1-236
Notwithstanding the regulations of the Residential Multiple One RM1 Zone, these lands
may only be used for block townhouse dwellings and uses, buildings and structures
accessory thereto and the following site-specific regulations shall apply:
Minimum Lot Frontage
25.0m
Maximum Number of Dwelling Units
36
Minimum Setback from a Public Road
7.5m
Minimum Setback from the Open Space Zone
1.5m
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Minimum Setback from the R1-153 and RM1-154
Zones
8.0m
Minimum Setback from the RM1-29 Zone
4.0m
Minimum Internal Roadway Width
6.0m
Minimum Setback from Internal Road
4.0m to front face or 6.0m to
garage
Minimum Setback between Side of Unit and
Internal Road
2.0m
Maximum Building Height
10.5m
Minimum Ground Floor Area for a Dwelling
One Storey: 75m2
Two Storey: 45m2
Minimum Landscape Area
30%
Garage Projection shall be permitted a maximum of 1.0m beyond the mail wall of the
front of the dwelling
R2-156 (H): 125 Port Robinson Road
*formerly R2-330 (H)
Notwithstanding the regulations of the Residential Two R2 Zone, the following site
specific regulations shall apply:
Zone Requirements for a Single Detached Dwelling
Minimum Lot Coverage
Deleted
Minimum Front Yard
4.5m to dwelling
6.0m to garage
Minimum Interior Side Yard Setback
1.2m
Minimum Exterior Side Yard
3.0m
Minimum Ground Floor Area for a Dwelling
One-Storey - 88m2
Two-Storey- 50m2
The lifting of the Holding (H) provision for the R2-156(H) shall be subject to the
satisfactory approval of the Director of Community Planning that a Developer's Group
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Agreement or equivalent has been entered into and that the plan of subdivision has
received final approval by the Town.
RM1-157 (H): 125 Port Robinson Road
*formerly R2-331 (H)
Notwithstanding the uses of the Residential Multiple One RM1 Zone, these lands shall
only be used for street townhouse dwellings and buildings, structures and uses
accessory thereto and the following site specific regulations shall apply:
Zone Requirements for a Street Townhouse Dwelling
Minimum Lot Frontage
6.0m for interior units
7.2m for end units
Minimum Corner Lot Frontage
7.5m per dwelling unit
Minimum Lot Area
170m2 per dwelling unit
Minimum Front Yard
4.5m to dwelling
6.0m to garage
Minimum Exterior Side Yard
3.0m
Minimum Interior Side Yard Setback 1.2m and 0m for a common wall
No planting strip shall be required.
The lifting of the Holding (H) provision for the RM1-157(H) shall be subject to the
satisfactory approval of the Director of Community Planning that a Developer's Group
Agreement or equivalent has been entered into and that the plan of subdivision has
received final approval by the Town.
RM1-158 (H): 125 Port Robinson Road
*formerly RM1-332 (H)
Notwithstanding the uses of the Residential Multiple One RM1 Zone, these lands shall
only be used for street townhouse dwellings and buildings, structures and uses
accessory thereto and the following site specific regulations shall apply:
Zone Requirements for a Street Townhouse Dwelling
Minimum Lot Frontage
6.0m for interior units
7.2m for end units
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Minimum Corner Lot Frontage
7.5m per dwelling unit
Minimum Lot Area
170m2 per dwelling unit
Minimum Front Yard
4.5m to dwelling
Minimum Exterior Side Yard
3.0m
Minimum Interior Side Yard Setback
1.2m and 0m for a common wall
No planting strip shall be required.
All access shall be provided by a laneway. No direct access shall be provided to Klager
Avenue.
The lifting of the Holding (H) provision for the RM1-158(H) shall be subject to the
satisfactory approval of the Director of Community Planning that a Developer's Group
Agreement or equivalent has been entered into and that the plan of subdivision has
received final approval by the Town.
RM2-159: 125 Port Robinson Road
*formerly RM2-333 (H) * Holding (H) Removed by By-law 36-2024
Notwithstanding the regulations of the Residential Multiple Two RM2 Zone, the following
site specific regulations shall apply:
Zone Requirements for Apartment Dwellings
Minimum Lot Area
117m2 per dwelling unit
Maximum Density
86 units per hectare
Minimum Rear Yard (Port
Robinson Rd.)
One half the height of the building or 7.5m
whichever is greater
Parking Requirements
1.25 spaces per unit
R2-160: Tanner Extension
*formerly R2-326
Notwithstanding the regulations of the Residential Two R2 Zone, the following site
specific regulations shall apply:
Minimum Lot Area
340m2
Minimum Lot Frontage
12.0m
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15.0m corner lot
Minimum Front Yard
4.0m to dwelling
6.0m to garage
Minimum Interior Side Yard 1.2m
Minimum Exterior Side Yard
3.0m
Minimum Rear Yard
6.0m
RM1-161: Tanner Extension
*formerly RM1-327
Notwithstanding the uses of the Residential Multiple One RM1 Zone, these lands shall
only be used for street townhouse dwellings and buildings, structures and uses
accessory thereto and the following site specific regulations shall apply:
Zone Requirements for a Street Townhouse Dwelling
Minimum Lot Area
188m2 per interior unit
Minimum Front Yard
6.0m
Minimum Interior Side Yard 1.5m
Minimum Exterior Side Yard 3.0m
Minimum Rear Yard
6.0m
No planting strip shall be required.
OS-162: Tanner Extension
*formerly OS-328
Notwithstanding the regulations of the Open Space OS Zone, the following site-specific
regulation shall apply:
Minimum Lot Area
497m2
RM2-163: 1 Pancake Lane
*formerly RM2-316
Notwithstanding the provisions of Section 3: General Provisions the following shall
apply:
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a) Notwithstanding the yard provisions of this By-law, the porch may project into the
required front yard by 2.5m
Notwithstanding the provisions of Section 4: Parking and Loading Requirements, the
following shall apply:
a) Parking Requirements
56 total including visitor
b) Width of Ingress and Egress
7.0m
c) Parking Area Location on Lot
2.0m from the westerly lot line
Notwithstanding the regulations of the Residential Multiple Two RM2 Zone, these lands
may only be used for one apartment building containing a maximum of 40 dwelling units
and the following site-specific regulations shall apply:
Minimum Lot Area per Dwelling Unit
118m2 per unit
Maximum Density
85 units per hectare
Minimum Interior Side Yard
6.0m
Minimum Landscaped Area
31.89% of lot area
Maximum Building Height
4-storeys
Common Amenity Area
60.0m2 total for the building
(indoor)
Private Amenity Area
7.5m2 per unit (balconies)
Minimum Setback from Internal Road
4.0m to front face or 6.0m to
garage
Minimum Setback between Side of Unit and
Internal Road
2.0m
RM2-164: 15 Highway 20 East
*formerly RM2-329
Notwithstanding the provisions of Section 4: Parking and Loading Requirements, the
following shall apply:
a) Parking Requirements
1.16 spaces per unit
b) Width of Ingress and Egress
7.0m for ingress and egress (two-way traffic)
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c) Parking Area Location on Lot
0m from south lot line
0m from west lot line
1.4m from north lot line
d) Dimensions of Parking Spaces
6.2m drive aisle width
2.6m parking stall width where abutting a
column
e) Planting Strips
1.4m width planting strip along the north lot
line
Notwithstanding the regulations of the Residential Multiple Two RM2 Zone, the following
site-specific regulations shall apply:
Minimum Lot Area
59m2 per unit
Maximum Density
170 units per hectare
Maximum Lot Coverage
48%
Minimum Front Yard
0m
Minimum Interior Side Yard 0.9m west
4.2m east
Minimum Landscaped Area
20%
Maximum Building Height
4 storeys (14.5 m)
Minimum Floor Area
52m2 for a one bedroom
Amenity Area
36.9m2
RM2-165: 1145 Pelham Street
*formerly GC-89
Notwithstanding the provisions of Section 4: Parking and Loading Requirements, the
following shall apply:
a) Parking Requirements
1.46 spaces per unit
1.4m from north lot line
b) Parking Area Location on Lot
1.5m to any street line
3.0m to any side or rear lot line
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Notwithstanding the regulations of the Residential Multiple Two RM2 Zone, the following
site-specific regulations shall apply:
Minimum Lot Area
106m2 per unit
Maximum Density
94 units per hectare
Minimum Front Yard
6.0m
Minimum Interior Side Yard 6.2m
Minimum Landscaped Area
34% of lot area
Maximum Building Height
5 storeys with the 5th storey being limited to
indoor and outdoor amenity space, storage,
elevator and stairway penthouse or
ornamental structure.
EF-MU3-136: 120 Meridian Way
In addition to the parking provisions of the East Fonthill Mixed Use Three EF-MU3-136
Zone, the following shall apply:
a) Parking spaces shall be a minimum of 2.7 metres wide and 5.8 metres in
length.
RD-166 (H): 147 Port Robinson Road
*Formerly RD - H
The lifting of the Holding (H) provision for the RD-166(H) shall be subject to the
satisfactory approval of a Plan of Subdivision and Developer's Group Agreement.
RM1-167: Maplewood Estates Subdivision
*Formerly RD
Notwithstanding Minimum Lot Area, Minimum Lot Frontage and Landscape Strip
requirements of Section 6.4.3 of the Residential Multiple 1 (RM1) Zone, the following
site-specific regulations shall apply:
Minimum Lot Area
200m2 per dwelling unit
Minimum Lot Frontage
6.0m per dwelling unit
7.3m in the case of an interior lot containing
a dwelling attached on one side only
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Landscape Strip
A landscape strip of 1.2m minimum in width
shall be provided where the boundary of a
RM1 Zone abuts an R1, R2 or R3 Zone
VC-168(H): 1415 Station Street
*Formerly VC
Notwithstanding the requirements of Section 8.1.4 of the Village Commercial (VC) Zone,
the following site-specific regulations shall apply:
Minimum Building Height
12.5m, 3-storeys
Maximum Front Yard
5.3m
Maximum Side Yard
2.55m
Minimum Rear Yard
1.45m
Minimum Driveway Width
5.7m
Notwithstanding Section 4.1.4.8 Parking Area location on a Lot, the following site
specific regulations shall apply:
Apartment Dwelling
Notwithstanding the yard provisions of this By-law to the contrary, uncovered surface
parking areas shall be permitted in the required front yard.
The lifting of the holding (H) provision for the VC-168 (H) zone shall be subject to the
following:
The availability of a stormwater outlet to the satisfaction of the Director of Public Works.
RR-169 and EP1: 286 Canboro Road
*Formerly RR and VC
Notwithstanding the maximum front yard requirements of Section 6.7.2, the following
site-specific regulations shall apply:
Maximum Front Yard
delete
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GF-R2-170 Summersides Village Extension
*Formerly RD
Notwithstanding the minimum lot frontage, maximum front yard and minimum corner
side yard requirements of Section 7.2.3, the following site-specific regulation shall
apply:
Minimum Lot Frontage for
Exterior End Unit
6.0m per unit, with a minimum frontage of
7.2m for interior units and 8.15m for exterior
end units
Maximum Front Yard
The main front wall of the dwelling shall be
built within 3.0m and 6.0m of the front lot
line
Minimum Corner Side Yard
2.0m
SA-171: 1389 Effingham Street
*Formerly SA-156
Notwithstanding Sections 3.2.1 Agriculture-Related Uses, 3.2.2 On-Farm Diversified
Uses and Section 5.2.5 Specialty Agriculture Zone, the following site-specific regulations
shall apply:
Section 3.2.1 Agriculture-Related Uses
a)
The use shall be conducted entirely within a detached accessory building in
conjunction with an operational farm, with the exception of a 467 m2
outdoor tasting/hospitality area including pizza oven;
b)
Only two agriculture-related uses are permitted on one lot;
c)
Ancillary retail/commercial sales and service activities shall be limited to the
lessor of 100 m2 (20 m2 for retail and 80 m2 for hospitality/tasting area) of
the gross floor area of the building;
d)
The maximum combined total floor area of the building utilized for the
agriculture-related uses shall be 520 m2;
Section 3.2.2 On-Farm Diversified Uses
e)
The total gross floor area that is permanently, temporarily or seasonally
devoted to on-farm diversified uses shall not exceed 520 m2, including the
gross floor areas used within all main buildings or structures, and accessory
buildings or structures on the lot;
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Section 5.2.5 of the Specialty Agriculture Zone
Minimum Land Area Planted in Vineyards
2.4 ha
Maximum Floor Area of Building(s) Used for a Farm Winery
520.0m2
R2-172: 61 Port Robinson Road
*Formerly R2-157
Notwithstanding Section 6.2.2 of the Residential Two Zone, the following site-specific
regulations shall apply:
Maximum Front Yard
6.13m
Notwithstanding Section 4.1.4.1 (b) of the Parking Space Dimensions and Requirements,
the following special regulation shall apply:
The minimum dimensions of a tandem parking space shall be 2.6m by 5.5m.
Notwithstanding Section 3.7 of the Encroachment Requirements, the following special
regulation shall apply:
A chimney shall be permitted to encroach 0.52m into a side yard.
RM1-173: 82-90 Canboro Road (Canboro Estates)
*Formerly RM1-166
Notwithstanding the maximum front yard and minimum rear yard requirements in
Section 6.4.2 of the Residential Multiple 1 (RM1) zone, the following site-specific
regulations shall apply:
Maximum Front Yard
22.06m
Minimum Rear Yard
1.2m
R2-174: 82-90 Canboro Road (Canboro Estates)
*Formerly R2-165
Notwithstanding the maximum front yard requirement in Section 6.2.2 of the Residential
2 (R2) zone, the following site-specific regulation shall apply:
Maximum Front Yard
17.0m
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SA 175: 920 Killman Road
*No former exception
The lands identified as SA-175 shall be used for agricultural purposes only (APO). No
residential uses are permitted as a result of consent. (File No. B10-2025P)
R2-176: 1114 Haist Street
*Formerly R2-284
Notwithstanding the provisions of Section 3: General Provisions, the following special
regulations shall apply:
Minimum depth for a porch
2.0m
Porches may encroach a maximum of 2.0 into a required front or exterior
side yard and a maximum of 3.5m into a required rear yard. Steps
associated with a porch in a front or exterior side yard may encroach up to
the lot line.
Notwithstanding the provisions of Section 6.2, Residential Two Zone, the following
special regulations shall apply:
Minimum Lot Depth
32.0m
Minimum Lot Frontage
12.0m
Minimum Lot Coverage
55%
Minimum Front Yard
4.5m
6.0m to a garage
Minimum Interior Side Yard
1.2m
Minimum Rear Yard
7.5m
Maximum Height for a Dwelling
10.5m
Maximum Garage Door Width
The lesser of 50% of the lot width or
60% of the dwelling width
SA 177: 305 Canboro Road
*No former exception
The lands identified as SA-177 shall be used for agricultural purposes only (APO). No
residential uses are permitted as a result of consent. (File No. B12-2023P)
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SECTION 11: REPEAL AND ENACTMENT
11.1
By-laws Repealed
By-law 1136 (1987), and all amendments thereto, being a by-law to regulate the use of
lands and the character, location and use of buildings and structures within the Town of
Pelham, are hereby repealed and replaced.
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SECTION 12: EFFECTIVE DATE
12.1
Effective Date
The By-law shall come into force and effect on the date that it is enacted.
Read, enacted, signed and sealed this 30th day of August, 2022.
____________________________
Marvin Junkin, Mayor
____________________________
Holly Willford, Town Clerk