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TOWN OF PETROLIA
COMPREHENSIVE
ZONING BY-LAW
ZONING
BY-LAW 63 OF 2017
(passed by Council on December 11, 2017)
Prepared by
County of Lambton Planning
and Development Department
Town of Petrolia Comprehensive Zoning By-law
2
TABLE OF CONTENTS
SECTION 1 - ADMINISTRATION, ENFORCEMENT & INTERPRETATION .................... 5
1.1
TITLE ............................................................................................................. 5
1.2
APPLICATION ............................................................................................... 5
1.3
SCOPE .......................................................................................................... 5
1.4
REPEAL OF EXISTING BY-LAWS ............................................................... 5
1.5
VALIDITY / SEVERABILITY .......................................................................... 5
1.6
EFFECTIVE DATE.. ....................................................................................... 7
1.7
COMPLIANCE WITH OTHER RESTRICTIONS ........................................... 6
1.8
ENTRY AND INSPECTION OF PREMISES ................................................. 6
1.9
VIOLATIONS AND PENALTIES .................................................................... 6
1.10
RESTRAINING VIOLATIONS. ....................................................................... 6
1.11
LICENSES AND PERMITS. .......................................................................... 7
1.12
REQUESTS FOR AMENDMENTS AND FEES............................................. 7
SECTION 2 - DEFINITIONS ............................................................................................... 8
SECTION 3 - ZONES SYMBOLS AND ZONE MAPS.. ................................................... 32
3.1
ESTABLISHMENT OF ZONES.... ............................................................... 32
3.2
USE OF SYMBOLS ..................................................................................... 32
3.3
THE USE OF THE HOLDING SYMBOL...................................................... 32
3.4
APPLICATION OF ZONES .......................................................................... 33
3.5
INCORPORATION OF THE ZONING MAP ................................................ 33
3.6
INTERPRETATION OF ZONING MAP........................................................ 33
3.7
INCORPORATION OF TABLE "A". ............................................................. 34
SECTION 4 - GENERAL PROVISIONS ........................................................................... 35
4.1
USES PERMITTED IN ALL ZONES ............................................................ 35
4.1.1 Services and Utilities .................................................................................... 35
4.1.2 Utilities and Service Buildings and Non-Recreational Uses ......................... 35
4.1.3 Public Recreational Uses ............................................................................. 35
4.1.4 Construction Uses.. ...................................................................................... 35
4.1.5 Pipelines ....................................................................................................... 35
4.1.6 Petroleum Well and Petroleum Work ........................................................... 36
4.2
USES PROHIBITED IN ALL ZONES ........................................................... 36
4.3
ACCESSORY USES ................................................................................... 36
4.3.1 Uses Permitted............................................................................................. 36
4.3.2 Structures Permitted in All Yards ................................................................. 37
4.3.3 Yards ............................................................................................................ 37
4.3.4 Lot Coverage and Height ............................................................................. 37
4.3.5 Private Swimming Pools. ............................................................................. 38
4.3.6 Satellite Dishes.. .......................................................................................... 38
Town of Petrolia Comprehensive Zoning By-law
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4.4
HEIGHT RESTRICTIONS ........................................................................... 38
4.5
NON CONFORMING USES. ....................................................................... 38
4.6
RESTORATION OF NON CONFORMING USES ....................................... 39
4.7
NON COMPLYING BUILDINGS OR STRUCTURES. ................................. 39
4.8
DWELLING UNITS ..................................................................................... 40
4.8.1 Yard Provisions for Non-Residential Buildings............................................. 40
4.8.2 Cellar Location ............................................................................................. 40
4.8.3 Basement Location ...................................................................................... 40
4.9
SECOND DWELLING IN SINGLE DETACHED DWELLING ...................... 40
4.10
LOT DEVELOPMENT REQUIREMENTS ................................................... 41
4.10.1 Frontage on a Public Street ......................................................................... 41
4.10.2 More Than One Use on a Lot. ..................................................................... 41
4.10.3 More Than One Zone on a Lot ..................................................................... 41
4.10.4 Number of Main Buildings on a Lot .............................................................. 41
4.11
EXISTING LOTS (Lesser area or frontage) ................................................. 41
4.12
LOTS REDUCED BY PUBLIC ACQUISITION. ........................................... 42
4.13
HOME OCCUPATIONS.. ............................................................................. 42
4.14
OCCUPANCY OF VEHICLES ..................................................................... 43
4.15
YARD ENCROACHMENTS. ........................................................................ 43
4.16
YARD DEPTH NON-COMPLIANCE ........................................................... 44
4.17
SPECIAL BUILDING SETBACKS ............................................................... 44
4.17.1 Setbacks from Watercourses ....................................................................... 44
4.17.2 Sight Triangles. ............................................................................................ 45
4.18
OPEN STORAGE REGULATIONS ............................................................. 45
4.19
OPEN DISPLAY AREA ................................................................................ 46
4.20
PLANTING STRIPS ..................................................................................... 47
4.20.1 Required Location ........................................................................................ 47
4.20.2 Width. ........................................................................................................... 47
4.20.3 Height ........................................................................................................... 47
4.20.4 Interruption for Driveway or Walk... .............................................................. 47
4.20.5 Landscaped Open Space ............................................................................ 47
4.21
SIGNS. ......................................................................................................... 47
4.22
MOVEMENT OF BUILDINGS. ..................................................................... 48
4.23
COMMERCIAL AND INDUSTRIAL ZONES ................................................ 48
4.24 OCCUPANCY. ................................................................................................ 49
4.25 ACCESS ......................................................................................................... 49
4.26 CONVERTED DWELLINGS.. ......................................................................... 49
4.27 PARKING. ...................................................................................................... 50
4.27.1 Parking Requirements ................................................................................. 50
4.27.2 Additions to Existing Use ............................................................................. 53
4.27.3 Change of Use ............................................................................................. 53
4.27.4 More than one use on a lot .......................................................................... 54
4.27.5 Location.. ...................................................................................................... 54
4.27.6 Yards where Permitted ................................................................................ 54
4.27.7 Access to Parking ........................................................................................ 54
4.27.8 Surface ......................................................................................................... 55
Town of Petrolia Comprehensive Zoning By-law
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4.27.9 Movement Lanes for Automotive Washing Establishment .......................... 55
4.27.10 Restrictions in Residential Zones .............................................................. 55
4.28 LOADING SPACE REGULATIONS .............................................................. 56
4.28.1Spaces Required ........................................................................................... 56
4.28.2 Location.. ...................................................................................................... 56
4.28.3 Access.......................................................................................................... 56
SECTION - 5
RESIDENTIAL-1 (R1) ZONE. ........................................................... 57
SECTION - 6
RESIDENTIAL-2 (R2) ZONE. ........................................................... 59
SECTION - 7
RESIDENTIAL-3 (R3) ZONE. ........................................................... 61
SECTION - 8
RESIDENTIAL-4 (R4) ZONE. ........................................................... 63
SECTION - 9
RESIDENTIAL-5 (R5) ZONE. ........................................................... 64
SECTION - 10
INSTITUTIONAL (I) ZONE ............................................................... 67
SECTION - 11
GENERAL COMMERCIAL (C1).. .................................................... 68
SECTION - 12
HIGHWAY COMMERCIAL (C2) ...................................................... 70
SECTION - 13
GENERAL INDUSTRIAL (M1) ......................................................... 72
SECTION - 14
LIGHT INDUSTRIAL (M2) ................................................................ 73
SECTION - 15
WASTE DISPOSAL INDUSTRIAL (M3) .......................................... 74
SECTION - 16
PETROLIA DISCOVERY (PD). ........................................................ 75
SECTION - 17
ENVIRONMENTAL PROTECTION (EP) ......................................... 76
SECTION - 18
OPEN SPACE (OS) .......................................................................... 77
SECTION - 19
FUTURE DEVELOPMENT (FD)... ................................................... 78
TABLE "A"
SCHEDULE "A"
Town of Petrolia Comprehensive Zoning By-law
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TOWN OF PETROLIA
ZONING BY-LAW 63 OF 2017
WHEREAS Section 34 of the Planning Act, S.O. 1996, C.4 as amended from time to time, allows a
governing body of a municipal corporation to pass by-laws to regulate the use of land and the
character, location and use of buildings and structures;
BE IT THEREFORE ENACTED by the Municipal Council of the Corporation of the Town of Petrolia as
follows:
SECTION 1 - ADMINISTRATION, ENFORCEMENT & INTERPRETATION
1.1
TITLE
This By-law shall be known as the Zoning By-law of the Corporation of the Town of Petrolia .
1.2
APPLICATION
The provisions of this By-law shall apply to all lands within the boundaries of the Corporation of
the Town of Petrolia.
1.3
SCOPE
No lands shall be used and no buildings or structures shall be erected, altered, enlarged or used
within the Town of Petrolia except in conformity with the provisions of this By- law.
1.4
REPEAL OF EXISTING BY-LAWS
From the coming into force of this By-law, all previous by-laws passed under Section 34 of the
Planning Act, S.O. 1996, c.4, as amended, or a predecessor thereof, shall be deemed to have
been repealed.
1.5
VALIDITY / SEVERABILITY
Should any section, clause or provision 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.
1.6
EFFECTIVE DATE
This By-law shall be deemed to be valid and to have come into force on the day of passing
hereof.
Town of Petrolia Comprehensive Zoning By-law
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1.7
COMPLIANCE WITH OTHER RESTRICTIONS
This By-law shall not reduce any restrictions lawfully imposed by a governmental authority having
jurisdiction to make such restrictions.
1.8
ENTRY AND INSPECTION OF PREMISES
Pursuant to Section 49 of the Planning Act, S.O. 1996, C.4, as amended, a By-law Enforcement
Officer or a person acting under his instructions may, at all reasonable times and upon producing
proper identification, enter and inspect any property in respect of which he believes a
contravention of this By-law is occurring.
An officer or any person acting under instructions shall not enter any room or place actually used
as a dwelling without requesting and obtaining the consent of the occupier, first having informed
the occupier that the right of entry may be refused and entry made only under the authority of a
search warrant issued under Section 158 of the Provincial Offences Act, R.S.O. 1990, Chap.
P.33 as amended.
1.9
VIOLATIONS AND PENALTIES
Pursuant to Section 67 of the Planning Act, S.O. 1996, c.4 as amended, any person who
contravenes this By-law is guilty of an offence and on conviction is liable:
a)
on a first conviction to a fine of not more than $25,000; and
b)
on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof
upon which the contravention has continued after the day on which he was first convicted.
Where a corporation is convicted for contravening this By-law the maximum penalty that may be
imposed is:
a)
on a first conviction a fine of not more than $50,000; and
b)
on a subsequent conviction a fine of not more than $25,000 for each day or part thereof
upon which the contravention has continued after the day on which the corporation was
first convicted.
1.10 RESTRAINING VIOLATIONS
Any violation of this By-law may be restrained by action at the instance of a ratepayer or the
Corporation of the Town of Petrolia pursuant to the provisions of Section 327 of the Municipal
Act 1990, Chap. M. 45, as amended.
Town of Petrolia Comprehensive Zoning By-law
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1.11 LICENSES AND PERMITS
No municipal permit, certificate or license shall be knowingly issued, where such is required, for
a proposed use of land or proposed erection, alteration, enlargement or use of any building or
structure which is in violation of any of the provisions of this By-law. The issuance of any permit,
certificate or license shall not, however, constitute an acknowledgement that the provisions of
this By-law have been complied with.
1.12 REQUESTS FOR AMENDMENTS AND FEES
Every request for an amendment to this By-law shall be accompanied by a fee as prescribed by
the Corporation's By-law which sets a tariff of fees.
Town of Petrolia Comprehensive Zoning By-law
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Definitions
General
a)
For the purposes of this By-law, the definitions and interpretations given in this Section shall
govern.
b)
In this by-law the word "shall" is mandatory and not directory; words in the singular include the
plural; words in the plural include the single number; words used in the present tense include the
future.
"ABATTOIR" means the use of lands, buildings, structures or part thereof used for the slaughter of
livestock or other animals for the purpose of processing or rendering.
"ACCESSORY" when used to describe a use, building or structure it shall mean a use, building or
structure which is incidental, subordinate and exclusively devoted to the main use, building or structure
and located on the same lot therewith.
"ADULT ENTERTAINMENT ESTABLISHMENT " means any premises or part thereof in which is
provided, in pursuance of a trade, calling, business or occupation, goods or services appealing to or
designed to appeal to erotic or sexual appetites of inclinations as per Subsection 225(9) of the Municipal
Act R.S.O. 1990.
"AGRICULTURAL PROCESSING ESTABLISHMENT" shall mean the use of lands, buildings or
structures for the processing and storage of agricultural produce, such as feed and grain mills.
"AGRICULTURAL SERVICE ESTABLISHMENT" shall mean the use of lands, buildings or structures
for the purpose of providing a non-personal service which supports the agricultural industry that includes,
but not necessarily restricted to, the repair of farm machinery, farm drainage and excavation, trades
related to farm buildings and structures, and, custom spray, tillage, planting and harvesting.
"AGRICULTURAL SUPPLY ESTABLISHMENT" shall mean the use of lands, buildings, structures for
the purpose of the sale and/or storage of seeds, fertilizers, farm equipment or other goods or materials
used in agriculture as defined in this by-law.
"AISLE" shall mean the area traveled by motor vehicles for access to and from all off-street parking
spaces, but does not include an access driveway.
"ALTER" when used in reference to a building or part thereof, shall mean to change any one or more of
the internal or external dimensions of such building or to change the type of construction of the exterior
walls or roof thereof. When used in reference to a lot, the word "alter" means to change the area,
frontage or depth thereof; to change the width, depth or area of any required yard, landscaped open
space or parking area; or to change the location of any boundary of such lot with respect to a street or
land whether such alteration is made by conveyance or alienation of any portion of such lot, or
otherwise.
Town of Petrolia Comprehensive Zoning By-law
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"AMENITY AREA" shall mean an area within a lot used for recreational or aesthetic purposes and may
include landscaped open spaces, patios, balconies, swimming pools, recreational courts, but does not
include driveways and parking areas.
"ANTENNAE" shall mean the use of land, building or structure for the purpose of sending or receiving
electromagnetic waves.
"ART GALLERY" shall mean a building or part thereof where works of art such as paintings, sculptures,
pottery pieces, glass objects, and weaving articles are displayed for public viewing and may include the
sales of art and/or art supplies.
"ASPHALT BATCHING PLANT" means an industrial establishment used for the production of asphalt,
or asphalt products used in building or construction and includes facilities for the administration and
management of the business, the stockpiling of materials used in the production process or finished
products, and the storage and maintenance of required equipment, but does not include the retail sale of
finished asphalt. "PORTABLE ASPHALT PLANT" means a temporary "asphalt batching plant"
established for a public road project.
"ASSEMBLY HALL" shall mean a building or structure used for the assembly of persons for religious,
charitable, philanthropic, cultural, private recreational or private educational purposes.
"ATTACHED" shall mean a building otherwise complete in itself that depends for structural support, or
complete enclosure, upon a division wall or walls shared in common with an adjacent building(s).
Accessory buildings and structures not sharing the majority of a wall with the main building and
accessory buildings and structures connected by a breezeway or similar structure shall be deemed to be
detached.
"ATTIC" shall mean that portion of a building situated wholly or partly within the roof of such building
and which is not a one-half storey.
"AUCTION HALL" shall mean a building or structure where a public sale is conducted by an auctioneer
through a series of competing bids and may include the storage of such articles to be sold at auction.
"AUDITORIUM" shall mean a building or structure where facilities are provided for athletic, civic,
educational, political, religious or social events. This definition may include an arena, Community
Centre, gymnasium, stadium, theatre or similar use.
"AUTOMOTIVE" See "Motor Vehicle"
"BAKERY" shall mean the use of lands, buildings and structures or parts therein for the purpose of
manufacturing or producing of bread, biscuits, cakes or other baked products.
"BAKE SHOP" shall mean the use of lands, buildings and structures or parts therein for the purpose of
the retail sale of bakery goods in which some or all the retail goods are prepared on the premises.
"BALCONY" shall mean an unenclosed platform projecting from a building surrounded by a railing.
Town of Petrolia Comprehensive Zoning By-law
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"BANK" shall mean any Federally or Provincially chartered financial institution or business. A "Credit
Union" shall mean a corporation incorporated as a credit union or caisse populaire under The Credit
Unions and Caisses Populaire Act, R.S.O., 1990, as amended.
"BANQUET HALL" shall mean a building used for the assembly of persons where private social
functions are held and where facilities are provided for the preparation of food. This use shall not include
a Restaurant or any other recreational use as defined in this by-law.
"BASEMENT" shall mean that portion of a building that is partly underground, but which has at least
one-half of its height (measured from finished floor to finished ceiling) above the adjacent Finished
Grade.
"BED AND BREAKFAST ESTABLISHMENT" shall mean a Home Occupation within a Single-
detached Dwelling in which not more than three (3) rooms are made available by a resident of said
Dwelling for temporary accommodation of travelers. Meals or food are served only to overnight guests.
This definition does not include a Hotel, Motel or Restaurant.
"BEVERAGE ROOM" shall mean a building or premises, other than a restaurant, which is licensed
under the Liquor License Act R.S.O.1990.
"BINGO HALL" shall mean a building used for the assembly of persons for the playing of bingo. This
use shall not include any other recreational use a defined in this By-law.
"BOARDING HOUSE" - see "DWELLING"
"BREEZEWAY" shall mean a roofed, open or closed passage connecting two or more buildings.
"BREWING-ON-SITE ESTABLISHMENT" means a commercial establishment where customers
produce beer, wine or cider for personal consumption off the premises; where beer, wine or cider
ingredients are purchased; and where equipment and storage is used for a fee by the same customers.
"BUILDING" shall mean any structure whether temporary or permanent, used or intended for sheltering
any use or occupancy but shall not include a boundary wall, fence, travel trailer, camping trailer, truck
camper, motor home, or tent.
"BUILDING ENVELOPE" means the buildable area on a lot, defined by the minimum front yard depth,
rear yard depth, side yard width requirements and the maximum height requirements, within such
buildings can be erected.
"BUILDING HEIGHT" shall mean the vertical distance from the Finished Grade level to:
a)
in the case of a flat roof, the highest point of the roof surface or the parapet, whichever is the
higher;
b)
in the case of a mansard roof, the roof deck line; or
c)
in the case of any other roof, the mean height between the eaves and the ridge;
but exclusive of any accessory roof structures such as antenna, chimney, steeple or tower.
Town of Petrolia Comprehensive Zoning By-law
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"BUILDING OFFICIAL, CHIEF" shall mean the officer or employee of the Corporation appointed or
constituted under Section 3 or 4 of the Building Code Act, R.S.O., 1990 and having jurisdiction for the
enforcement of this Act.
"BUILDING, MAIN" shall mean the building or buildings designed and/or intended to accommodate the
principal use permitted by this by-law.
"BUILDING SETBACK" shall mean the minimum horizontal distance between a lot line and the nearest
part of any building or structure on the lot.
"BULK FUEL ESTABLISHMENT" shall mean the use of lands, buildings or structures for the purpose
of buying and selling petroleum fuels for distribution.
"BULK SALES ESTABLISHMENT" shall mean the use of land, building or structure for the purpose of
buying or selling coal, fuel oil, wood, lumber, building materials, ice or allied commodities, but does not
include any manufacturing, assembling or processing use.
"BY-LAW ENFORCEMENT OFFICER" shall mean the officer or employee of the Corporation charged
with the duty of enforcing the provisions of this by-law.
"CAMPGROUND" shall mean land used for the parking of travel trailers, tents or similar transportable
accommodation, but not including a single-wide mobile home or double-wide mobile home.
"CANOPY" shall mean a roof free of enclosing walls.
"CARPORT" shall mean an accessory covered structure attached to the wall of the main building or
attached to the wall of a dwelling and used for the storage of passenger motor vehicles wherein
servicing for profit is not conducted. The roof of said structure shall be supported only by piers or
columns so that 50% of its wall area adjacent to the lot line is unenclosed.
"CELLAR" shall mean that portion of a building which is partly or wholly underground and which has
more than one-half of its height (measured from finished floor to finished ceiling) below the adjacent
finished grade.
"CEMETERY" shall mean land set aside to be used for the internment of human remains and includes a
mausoleum, columbarium or other structure intended for the internment of human remains, as per the
Cemeteries Act R.S.O. 1990.
"CHIEF BUILDING OFFICIAL" see "BUILDING OFFICIAL, CHIEF".
"CHURCH" means the use of lands and buildings set aside by any religious organization used by any
recognized religious organization for public worship, and may include a rectory or manse, religious hall,
day nursery or religious school associated with or accessory thereto.
"CLINIC" shall mean the use of lands, buildings or part thereof, used exclusively by physicians, dentists,
drugless practitioners, their staff and their patients for the purpose of consultation, diagnosis and office
Town of Petrolia Comprehensive Zoning By-law
12
treatment. Without limiting the generality of the foregoing, a clinic may include administrative offices,
waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly associated with the
clinic, but shall not include accommodation for in-patient care or operating rooms.
"COLUMBARIUM" shall mean a structure designed for the purpose of interring cremated human
remains in sealed compartments.
"COMMERCIAL USE" shall mean the use of lands, structures or buildings for the purposes of buying or
selling commodities and supplying services, but does not include Industrial Uses.
"COMMUNITY CENTRE" means land, Buildings or Structures used for community activities, including
recreational and institutional Uses.
"COMMUNITY FACILITY" shall mean the use of lands and buildings for community activities, including:
government buildings (such as administration offices, court houses, post offices, and registry offices);
cultural facilities (such as libraries, museums, theatres, and civic centres); sports facilities (such as
arenas, race tracks, fair grounds, and stadiums); public service facilities (such as police halls, fire
stations, public works yards and garage); and, institutions (such as schools, hospitals, and residential
care facilities).
"COMMERCIAL STORAGE" means the storage, for hire or gain, of goods, merchandise, materials or
equipment in an enclosed Building other than a Temporary Building but shall not include a Warehouse.
"CONDOMINIUM" means an individual ownership in a multiple unit dwelling with common elements in
which the unit comprises not only of the space enclosed by the individual dwelling boundaries, but
includes the land within the common element where the common element is owned by all the owners as
tenants in common.
"CONSERVATION" shall mean the use of lands for the sole purpose of enhancing and protecting the
natural environment.
"CONTRACTOR'S YARD OR SHOP" shall mean the use of lands, buildings or structures used for the
purpose of storing contractor's equipment and materials or performing shop work or assembly work by
any construction trade or other contractor.
"CONVENIENCE STORE" shall mean a retail store supplying groceries and other daily household
necessities to an immediate surrounding residential area.
"CORPORATION" shall mean the Corporation of the Town of Petrolia.
"COUNCIL" shall mean the Council of the Corporation of the Town of Petrolia.
"COUNTY" shall mean the Corporation of the County of Lambton.
"COURT" shall mean an open, unoccupied space adjoining a building, such space being bounded on
two or more sides by walls of the said building.
Town of Petrolia Comprehensive Zoning By-law
13
"COVERAGE" - see "LOT COVERAGE".
"CREDIT UNION" - see "FINANCIAL INSTITUTION"
"CREMATORIUM" shall mean a building fitted with appliances for the purpose of cremating human
remains and includes everything incidental and ancillary thereto.
"CRUSHING PLANT" means an industrial establishment where aggregate is processed through a
crushing and sorting operation into various grades of aggregate.
"DANGEROUS GOODS" shall mean explosives, flammable or combustible liquids or gases, toxic
substances, radioactive material, corrosives or any other product or substance that is considered
dangerous to life when handled or transported.
"DAY CARE FACILITY" shall mean a dwelling unit that receives individuals for the purpose of providing
temporary care and/or guidance, for a continuous period not exceeding twenty-four hours.
"DAY NURSERY" as defined in the Day Nurseries Act, R.S.O., 1990, as amended, shall mean a
dwelling unit that receives more than five (5) children who are not of common parentage, primarily for the
purpose of providing temporary care and/or guidance, for a continuous period not exceeding twenty-four
hours, where the children are under eighteen years of age in the case of a developmental handicap and
under ten years of age in all other cases.
"DECK" means an accessory structure without roof or walls, having footings situated a minimum of 0.2
metres above grade, and may be Attached to or abutting one or more walls of a Building or constructed
separate from a Building. A Deck is subject to the provisions of Section 4.3.3 of this By-law.
"DERELICT MOTOR VEHICLE" shall mean a motor vehicle is inoperable or does not have valid license
plate sticker.
"DETACHED" means totally separate and in no way connected. Accessory buildings and structures not
sharing the majority of a wall with the main building and accessory buildings connected by a breezeway
or similar structure shall also be deemed to be detached.
"DINING ROOM" shall mean that part of a restaurant, or other building, which is used for the
consumption of food by persons seated at booths, counters, tables or a combination thereof.
"DRY CLEANING ESTABLISHMENT" shall mean a building, or part thereof, in which the business of
dry cleaning, dye drying, cleaning or pressing of articles or goods of fabric is carried on, in which only
non-combustible and non-flammable solvents are used, which emits no odours, fumes, noise or vibration
causing a nuisance or inconvenience within or outside the premises. A dry cleaning establishment may
include a self-service dry cleaning establishment.
"DWELLING" shall mean a building occupied or capable of being occupied exclusively as a home,
residence or sleeping place by one or more persons, but shall not include any travel trailer, hotel, motel,
Town of Petrolia Comprehensive Zoning By-law
14
private garage, a home for the aged, nursing home, hospital, or living quarters for a caretaker, watchman
or other person or persons using living quarters which are accessory to a non-residential use.
"BOARDING HOUSE" shall mean any Building or part thereof in which the proprietor resides
and supplies for hire or gain to not more than six persons exclusive of the leasee or owner thereof
or members of leasee's housekeeping unit, lodging and/or meals, but shall not include a hotel,
motel, hospital, or nursing home.
"CLUSTER HOUSING" means a group or groups of dwelling units which may be in various
forms, and so located on a lot that each dwelling may not have frontage on a public street and
more than one dwelling unit may exist on a lot. cluster housing development shall have frontage
on a public street.
"CONVERTED DWELLING" means a lawfully established single detached dwelling that is
altered or converted so as to provide up to a maximum of two additional dwelling units.
"DUPLEX DWELLING" shall mean a dwelling divided horizontally into two (2) separate dwelling
units, each of which has an independent entrance;
"GROUP HOME TYPE 1" means a residential dwelling in which three to ten unrelated residents
live as single housekeeping unit under responsible supervision consistent with the requirements
of its residents. "RESIDENTS" excludes staff. The home is licensed or approved under
Provincial Statute in compliance with municipal by-laws, as per the Municipal Act R.S.O. 1990.
This does not include a Group Home Type 2 use.
"GROUP HOME TYPE 2" means a residence maintained and operated primarily for persons
who have been placed on probation under the provisions of the Criminal Code R.S., the Young
Offenders Act R.S.O. 1990 the Ministry of Correctional Services Act R.S.O. 1990, and the Parole
Act R.S. and the number of persons residing therein shall be up to eight excluding staff.
"MOBILE HOME, DOUBLE WIDE" shall mean a C.S.A. approved factory built dwelling occupied
or designed for occupancy by one (1) Housekeeping unit on a permanent basis, towed or
designed to be towed in two or more separate sections with each section on its own chassis and
joined together to form one dwelling unit and placed on a permanent foundation with or without a
basement or cellar and connected or designed to be connected to Public Utilities, but shall not
include a single wide mobile home or a travel trailer.
"MOBILE HOME, SINGLE WIDE" shall mean a C.S.A. approved factory built dwelling occupied
or designed for occupancy by one (1) Housekeeping unit on a permanent basis having a floor
area of not less than sixty-five (65) square metres, designed to be towed on its own chassis,
notwithstanding that its running gear is or may be removed, placed or designed to be placed on
permanent foundations, and connected or designed to be connected to Public Utilities, but shall
not include a double wide mobile home or a travel trailer.
Town of Petrolia Comprehensive Zoning By-law
15
"MODULAR HOME" shall mean a prefabricated single detached dwelling designed to be
transported once only to a final location and constructed so as the shortest side of such dwelling
is not less than six metres in width.
"MULTIPLE DWELLING" shall mean a building on a lot used or designed as a residence and
containing four or more dwelling units, all of which have access from a common and/or
independent entrances from the outside. All of the units in a "Multiple Dwelling" must be
"Dwelling Units", as defined in this By-law. It shall not, however, include any other Dwelling
otherwise defined herein or specifically named elsewhere in this By-law
"SEMI-DETACHED DWELLING", shall mean one of a pair of single dwellings, such dwellings
being attached together horizontally in whole or in part above grade, below grade, or both above
and below grade.
"SINGLE-DETACHED DWELLING" shall mean a detached dwelling on a lot containing only one
(1) dwelling unit and occupied by not more than one (1) housekeeping unit. This definition shall
not include a single wide or double wide mobile home.
"TOWNHOUSE" shall mean the whole of a dwelling divided vertically into three (3) or more
separate dwelling units, each such dwelling unit having an independent entrance from outside the
building;
"TOWNHOUSE, FREEHOLD" shall mean a townhouse with each dwelling unit on a separate lot.
"TRIPLEX DWELLING" shall mean the whole of a dwelling divided horizontally into three (3)
separate Dwelling Units, each such dwelling unit having an independent entrance from the
outside or from a common hallway or stairway inside the building.
"DWELLING UNIT" shall mean a suite of two (2) or more habitable rooms, occupied by not more than
one (1) housekeeping unit, in which sanitary conveniences are provided and in which facilities are
provided for cooking or for the installation of cooking equipment, and with an independent entrance,
either directly from outside the building or from a common corridor inside the building. This definition
shall not include a motor home, a private garage or a travel trailer.
"DWELLING UNIT AREA" shall mean the habitable area contained within the inside walls of a dwelling
unit, excluding any private garage, carport, porch, verandah, unfinished attic, cellar or sun room (unless
such sun room is habitable in all seasons of the year), and excluding common hallways, common
stairways or other common areas.
"EASEMENT" means a right or privilege that one has over the lands of another, registered on title to the
said lands under the Land Registry Act, R.S.O. 1990, as amended, and may pertain to access rights
above, below or on the said lands.
"ERECT" shall mean to build, construct, reconstruct or relocated and, without limiting the generality of
the word, also includes:
Town of Petrolia Comprehensive Zoning By-law
16
a)
any preliminary operation such as excavation, infilling or draining;
b)
altering any existing building or structure by an addition, enlargement, extension or other
structural change; and
c)
any work which requires a building permit under the Building Code Act, R.S.O., 1990.
"ESTABLISHED BUILDING LINE" shall mean the average distance from the street line of existing
buildings on one side of one block where more than one-half of the lots having street access upon the
said side or block have been built upon, provided that no Setback requirement calculated in accordance
with this definition shall exceed the applicable Setbacks required of the appropriate Zone provisions.
"EXISTING" shall mean existing on the date of passing of this by-law.
"EXTRACTIVE USE" shall mean the use of land and/or buildings or structures for the removal of gravel,
stone, sand, earth, clay, fill, mineral or other similar substance for construction, industrial or
manufacturing purposes; and includes accessory uses. This definition does not include Resource
Extraction.
"FARM IMPLEMENT SALES ESTABLISHMENT" shall mean lands, buildings or structures used for the
display and sales of new and/or used farm implements and includes the servicing, repair, cleaning,
polishing and greasing of farm implements, the sale of accessories and related products and the leasing
or renting of farm implements.
"FARM PRODUCE OUTLET" shall mean a use, accessory to a permitted farm, which consists of the
retail sale of agricultural goods produced on the farm where such outlet is located.
"FINISHED GRADE" shall mean the median elevation between the highest and lowest point of the
finished surface of the ground measured around the perimeter of the base of a building or structure
exclusive of any embankment in lieu of steps.
"FLEA MARKET" means the occasional or periodic market held in an open area or in a building or
structure where groups of individual sellers display and offer goods for sale to the public, but does not
include a garage sale.
"FLOOR AREA, GROSS" shall mean the sum total area of the floors excluding internal parking areas in
the building or buildings on a site measured from the exterior walls or from the centre line of common
walls separating the buildings provided that where the floor area is within a roof structure without exterior
walls the gross floor area shall be the area covered by the roof.
or
in the case of a building other than a dwelling shall mean the aggregate of the area of all floors devoted
to retail sales, customer service and/or office use measured from the outside face of exterior walls but
shall not include storage, mezzanine areas, mechanical rooms, common halls, stairwells, garbage and
electrical rooms, and parking structures.
Town of Petrolia Comprehensive Zoning By-law
17
"FLOOR AREA, GROUND" shall mean the area of a building or structure measured from the outside of
its exterior walls at grade and exclusive of any attached accessory building, terrace, unenclosed
sunroom, porch or verandah.
"FORESTRY" means the use of lands for the growing, maintenance and cultivation of trees for profit or
gain.
"FUNERAL HOME" shall mean a building or structure designed for the purpose of furnishing funeral
supplies and services to the public and includes facilities intended for the preparation of human remains
for interment or cremation.
"FURTHER CONTRAVENE" in reference to a proposed addition to an existing non-complying building
or structure shall mean that any such part of the said addition does not comply with the required
setbacks or any other provisions of the By-law.
"GARAGE, COMMERCIAL" see "Motor Vehicle Service Establishment"
"GARAGE, PUBLIC WORKS" means a municipal, county or provincial facility used for the storage of
servicing of road construction and maintenance equipment and materials.
"GARAGE, PRIVATE" see "Private Garage".
"GARAGE/YARD SALE" means a sale held by the occupant of a dwelling unit on his own premises, of
household goods belonging to him and not merchandise which was purchased for resale or obtained on
consignment. No person shall conduct more than two garage sales per calendar year at one location;
and, no garage sale shall exceed two days duration.
"GARDEN CENTRE" shall mean the use of lands, buildings or structures for the purpose of buying,
selling and raising plants, shrubs and trees and includes the storage and sale of accessory products
generally used for landscaping and gardening purposes.
"GAS COMPRESSOR STATION" means the use of lands, buildings or structures for the storage,
regulation of flow and distribution of natural gas.
"GASOLINE PUMP ISLAND" shall mean that portion of a lot where a pump or pumps used to transfer
fuel from storage tanks to Motor Vehicles are situated.
"GASOLINE RETAIL FACILITY" shall mean premises where the retail sale of fuels or lubricants for
motor vehicles constitutes either the sole use, such as a gas bar, or an accessory use, such as a
gasoline pump island. This definition shall not include an automotive service establishment.
"GOLF COURSE" shall mean a public or private area operate for the purpose of playing golf including a
par 3 golf course but excluding Golf Driving Ranges, Miniature Golf Courses, or combination thereof.
"GOLF COURSE, MINIATURE" shall mean a use which provides facilities for what is commonly known
as miniature golf but does not includes a Golf Driving Range or a Golf Course as defined herein.
Town of Petrolia Comprehensive Zoning By-law
18
"GOLF DRIVING RANGE" shall mean a use which provides facilities for the practicing of golf shots but
does not include miniature golf courses or golf courses as defined herein.
"GRADE" - See "FINISHED GRADE".
"GRAIN ELEVATOR" shall mean a building or structure used for the storage and shipment of grain.
"GROUP HOME" - See "DWELLING".
"GUEST HOME" shall mean a room or suite of rooms which contain no facilities for cooking or for the
installation of cooking equipment and which is used or designed for gain or profit by providing
accommodation to the travelling or vacationing public.
"HABITABLE ROOM" shall mean a room designed to provide living, dining, sleeping or kitchen
accommodation for persons. This definition shall not include any bathroom, private garage, carport,
porch, verandah, unfinished attic, unfinished cellar or unfinished basement.
"HOME FOR THE AGED" shall mean a Home for the Aged established or maintained under the Home
for the Aged and Rest Homes Act, R.S.O., 1990, as amended, or a Rest Home established and
maintained under the same Act.
"HOME OCCUPATION" shall mean any occupation conducted for gain or profit as an accessory use
within a permitted dwelling or a permitted dwelling unit and shall include a bed and breakfast
establishment.
"HOSPITAL" shall mean any institution, building or other premises or place established for the
treatment of persons afflicted with or suffering from sickness, disease or injury or for the treatment of
convalescent or chronically ill persons which is approved under the Public Hospitals Act, R.S.O., 1990,
as amended, as a public hospital. This definition shall also include a "Private Hospital" which shall
mean, as defined in the Private Hospitals Act, R.S.O., 1990, as amended, a Dwelling in which four (4) or
more patients are or may be admitted for treatment.
"HOTEL" shall mean a building in which a minimum of four (4) Guest Rooms is provided for transient
lodgers, without private cooking or housekeeping facilities but which may include Dining and other public
rooms, and provided that each Guest Room may only be entered from the interior of the building.
"INDUSTRIAL USE" means the use of lands, buildings or structures for the purpose of manufacturing,
assembling, processing, preparing, dismantling, finishing, treating, repairing, warehousing or recovering
of articles or substances.
"INDUSTRIAL USE, GENERAL" shall mean any industrial use other than a service and repair shop, a
light industrial use, or an offensive industrial use.
"INDUSTRIAL USE, LIGHT" shall mean the use of land, structure or building for the carrying on of any
process of manufacture whether or not a finished article results therefrom, including the repairing and
servicing of vehicles and machinery in which the processes carried on, the material used or stored, the
Town of Petrolia Comprehensive Zoning By-law
19
machinery employed, and the transportation of materials, goods and commodities to and from the
premises will not cause injury to or prejudicially affect the amenity of the locality by reason of the
following restrictions:
1.
Water usage being restricted to the provision of employee washrooms, the indirect cooling and
pressure testing of equipment, the cleaning of vehicles and/or equipment and similar uses
ancillary to the manufacturing process.
2.
No effluent discharges or contaminants that may contribute to the biological, chemical, physical or
aesthetic pollution of land, water or air.
3.
No emission of sound of which creates more than 2dbA decibels increase in the hourly sound
levels measured in any area, and at any critical time, as designated by a competent public
authority.
"INDUSTRIAL USE, OFFENSIVE" shall mean any business or industry which by reason of the process
involved or the method of manufacture or the nature of the material or goods used, produced or stored is
likely to cause or causes by reason of destructive gas or fumes, dust, objectionable odour, noise or
vibration, or unsightly storage of goods, wares, merchandise, salvage, junk, waste or other material, a
condition which may be or become hazardous or injurious as regards health or safety or which
prejudices the character of the neighbourhood or interferes with or may interfere with the normal
enjoyment of any land, building or structure.
"INSTITUTIONAL USE" shall mean the use of any land and/or building or part thereof by a government,
educational, charitable or non-profit organization in the carrying out of its function and without limiting the
generality of the foregoing, shall include libraries, firehalls, churches, hospitals, schools, community
centres, private clubs and assembly halls.
"KENNEL" shall mean a building and yard where dogs and/or cats are bred and raised, and are sold or
kept for sale, or boarded.
"LABORATORY" shall mean the use of a building or part thereof for the purposes of scientific or
medical research.
"LANDSCAPING BUSINESS" shall mean the use of lands, buildings or structures for the purpose of
growing trees, shrubs, plants and sod where landscaping and gardening supplies are kept and may
include the storage of necessary machinery and vehicles used in connection with such a business.
"LANDSCAPED OPEN SPACE" shall mean the open, unobstructed space, on a lot, accessible by
walking from the street on which the lot is located and which is suitable for the growth and maintenance
of grass, flowers, bushes, trees and other landscaping. This definition may include any surfaced walk,
patio or similar area but shall not include any driveway or ramp, whether surfaced or not, nor any curb,
retaining wall, or any parking area; nor any open space beneath or within a building or structure.
"LANE" shall mean a public thoroughfare which affords only a secondary means of access for vehicular
traffic to abutting lots and which is not intended for general traffic circulation.
Town of Petrolia Comprehensive Zoning By-law
20
"LAUNDROMAT" shall mean an establishment containing one or more washers, and could include
drying, ironing, finishing and incidental equipment, provided that only water, soaps and detergents are
used and provided that no such operation shall emit any noise or vibrations which cause a nuisance or
inconvenience within or without the premises. This definition may include a self-service dry cleaning
establishment.
"LEASABLE FLOOR AREA" shall mean that portion of the gross floor area of a building which is used
by a non-residential use defined herein or specifically named elsewhere in this by-law, but excluding:
a)
any part of such building used by another non-residential use which is defined herein or
specifically named elsewhere in this by-law;
b)
any part of such building used as a dwelling unit;
c)
any part of such building used for the parking or storage of motor vehicles;
d)
any part of such building used for equipment to heat such building or a portion thereof;
e)
any part of such building used as a mall, if such mall serves as a common area between stores;
and
f)
the thickness of any exterior walls of such building.
"LIBRARY" shall mean a library, branch library or distribution station to which the provisions of the
Public Libraries Act, R.S.O., 1990.
"LOADING SPACE" shall mean an off-street space on the same lot as the building, or contiguous to a
group of buildings, for the temporary parking of a commercial motor vehicle while loading or unloading
merchandise or materials, and which abuts a street, lane or other appropriate means of access.
"LOT" means a parcel of land within a registered plan of subdivision (but not including plans deemed
not to be registered pursuant to Section 50(4) of the Planning Act, R.S.O 1990) or any parcel of land that
may be legally conveyed where the boundaries of which are recorded in the Registry Office for the
Registry Division of the County of Lambton.
a)
"CORNER LOT" shall mean a lot situated at the intersection of two streets where the angle of
intersection is not more than one hundred and thirty-five degrees.
b)
"INTERIOR LOT" shall mean a lot, abutting upon one street or situated at the intersection of two
streets where the angle of intersection of such streets is more than one hundred and thirty-five
degrees.
c)
"THROUGH LOT" shall mean any lot, having more than one lot line abutting a street, other than
a corner lot.
"LOT AREA" shall mean the total horizontal area within the lot lines of a lot.
"LOT COVERAGE" means the percentage of the total lot area covered by buildings or structures,
including accessory buildings or structures above finished grade level. "LOT COVERAGE" shall not
include balconies, canopies and overhanging eaves provided none of the foregoing are less than 2.4
metres above finished grade.
Town of Petrolia Comprehensive Zoning By-law
21
"LOT DEPTH" shall mean the horizontal distance between the front and rear lot lines. If the front and
rear lot lines are not parallel, "LOT DEPTH" means the length of a straight line joining the middle of the
Front Lot Line with the middle of the Rear Lot Line. If there is no Rear Lot Line, "LOT DEPTH" means
the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by
the side lot lines.
"LOT FRONTAGE" shall mean the horizontal distance between the side lot lines, measured
perpendicularly from a line joining the middle of the front and rear lot lines and at a point thereon, a
distance equal to the minimum front yard depth required by this by-law. Where there is no rear lot line,
lot frontage shall mean the horizontal distance between the side lot lines, measured perpendicularly from
a line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines. "Lot
Frontage" shall not include the extent to which a lot abuts the end of a street, other than a street that
terminates in a cul-de-sac.
"LOT LINE" shall mean any boundary of a lot or the vertical projection thereof. It shall be deemed to be
two lot lines in cases where a lot line changes by a direction which is less than 135 degrees. It shall be
deemed to be one continuous lot line in cases where the change in direction is greater than 135
degrees.
a)
"FRONT LOT LINE" shall mean in the case of an interior lot, the line dividing the lot from the
street. In the case of a corner lot or through lot, the shorter lot line abutting a street shall be
deemed the front lot line and the longer lot line abutting a street shall be deemed an exterior side.
In the case of a through lot or a corner lot whose exterior lot lines are the same length, the lot line
where the principal access to the lot is provided shall be deemed to be the front lot line.
b)
"REAR LOT LINE" shall mean in the case of a Lot having four or more lot lines, the lot line
farthest from and opposite to the front lot line. If a lot has less than four lot lines, there shall be
deemed to be no rear lot line.
c)
"SIDE LOT LINE" shall mean a lot line other than a front or rear lot line.
d)
"EXTERIOR SIDE LOT LINE" on a corner or through lot, means the side lot line which abuts an
open public street.
d)
"INTERIOR SIDE LOT LINE" means the side lot line which does not abut an open public street.
"LUMBER YARD" shall mean the use of lands, buildings or structures for the purpose of buying, selling
and storing of wood and wood products and lumber but does not include any manufacturing or
processing uses.
"MICRO-BREWERY" means premises used for the small-scale and independent production of craft
beer intended for sale and consumption on-site and off-site. A Micro-brewery must include a
restaurant/taproom and may include accessory retail uses. (B/L 24/19)
Town of Petrolia Comprehensive Zoning By-law
22
"MINIATURE GOLF" means a use which provides facilities designed and operated primarily for what is
commonly known as miniature golf but does not include a Golf Driving Tee or Range or a Golf Course as
defined herein.
"MODULAR HOME" - See "DWELLING"
"MOTEL" shall mean a building, part of a building or group of buildings wherein accommodation without
private cooking or housekeeping facilities is provided for transient lodgers, but which may include dining
and other public rooms and provided each guest or sleeping room may be entered from the exterior of
the building.
"MOTOR HOME" shall mean a self-propelled vehicle capable of being used for the temporary sleeping
or eating accommodation of persons.
"MOTOR VEHICLE" shall mean an automobile, motorcycle and any other vehicle propelled or driven
otherwise than by muscular power; but does not include the cars of electric or steam railways or other
motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-
propelled implement of husbandry or road-building machine.
"MOTOR VEHICLE, COMMERCIAL" as defined in the Highway Traffic Act, R.S.O., 1990, as amended,
shall mean a motor vehicle having permanently attached thereto a truck or delivery body and includes
ambulances, hearses, fire apparatus, buses and tractors used for hauling purposes on the highway.
"MOTOR VEHICLE REPAIR ESTABLISHMENT" shall mean a building and/or land used for the
servicing, repair, cleaning, polishing and greasing of motor vehicles and may include vehicular body
repair and re-painting but shall not include any other automotive use defined in this by-law.
"MOTOR VEHICLE SALES ESTABLISHMENT" shall mean a building and/or land used for the display
and sale of new and/or used motor vehicles and may include the servicing, repair, cleaning, polishing
and greasing of motor vehicles, the sale of automotive accessories and related products and the leasing
or renting of motor vehicles, but shall not include any other automotive use defined in this by-law.
"MOTOR VEHICLE SERVICE ESTABLISHMENT" shall mean a building and/or land used for the sale
of fuels for motor vehicles and may include the servicing, repair, cleaning, polishing and greasing of
motor vehicles and the sale of automotive accessories and related products, but shall not include any
other automotive use defined in this by-law.
"MOTOR VEHICLE WASHING ESTABLISHMENTS" shall mean a building and land used for the
washing or cleaning of motor vehicles by automobile washing equipment with a capacity greater than
five cars per hour, and may include the sale of fuels to motor vehicles, but shall not include any other
automotive use defined in this by-law.
"MOTOR VEHICLE WRECKING ESTABLISHMENT" shall mean a building and/or lot used for the
wrecking or dismantling of motor vehicles and for the storage and sale of scrap material, salvage and
parts obtained therefrom, but shall not include any other automotive use defined in this by-law.
Town of Petrolia Comprehensive Zoning By-law
23
"MUNICIPALITY" shall mean the Corporation of the Town of Petrolia.
"MUNICIPAL DRAIN, CLOSED" means "drainage work" as defined by the Drainage Act R.S.O. 1990,
located entirely within the ground and designed, used or intended for use for the conveyance of
precipitation.
"MUNICIPAL DRAIN, OPEN" means "drainage work" as defined by the Drainage Act R.S.O. 1990,
which includes a drain constructed by any means including the improving of a natural watercourse and
includes the works necessary to regulate the water table within or on any lands or to regulate the level of
the waters of any drain, reservoir, lake or pond and includes a dam, embankment, wall, protective works
or any combination thereof.
"NAVIGABLE WATERWAY" shall mean waterbody deemed as navigable by the Navigable Waters
Protection Act, R.S.C., 1990, or a successor thereof.
"NON-COMPLYING" shall mean a permitted use which does not comply with one or more provisions of
this by-law for the zone in which such building or structure is located on the date of passing of this by-law
or amendments thereto.
"NON-CONFORMING" shall mean a lawfully existing use, building or structure prohibited by this by-law
in the zone in which it is situated
"NON-RESIDENTIAL USE" shall mean any building, structure or part thereof, other than a dwelling.
"NURSING HOME" as defined in the Nursing Home Act, R.S.O., 1990, as amended, shall mean any
premises maintained and operated for persons requiring nursing care or in which such care is provided
to two (2) or more unrelated persons, but does not include any premises falling under the jurisdiction of
The Homes for the Aged and Rest Homes Act, R.S.O., 1990, the Private Hospitals Act, R.S.O., 1990,
and the Public Hospitals Act, R.S.O., 1990, as amended.
"OCCUPANCY" shall mean to reside in as owner or tenant on a permanent or temporary basis.
"OCCUPANT LOAD" as defined in the Ontario Building Code Act R.S.O. 1990, means the number of
persons for which a building or part thereof is designed.
"OFFICE" means a building or part thereof, designed, intended or used for the practice of a profession,
the carrying on of a business, or the conduct of public administration.
"OPEN SPACE" means an unoccupied space, open to the sky, except such land used or required for
parking purposes by this by-law and shall include recreational facilities, landscaped areas, patios, and
walkways.
"OPEN STORAGE" shall mean the storage or display or goods, merchandise or equipment outside of a
building or structure on a lot or portion thereof.
Town of Petrolia Comprehensive Zoning By-law
24
"OUTDOOR DISPLAY" means an area set aside outside of a building or structure used in conjunction
with a business located within the building on the same property, for the display or goods.
"PARK" shall mean an area, consisting largely of open space, which may include a recreational area,
playground, playfield or similar use, but shall not include a mobile home park or campground.
a)
"PUBLIC PARK" shall mean a Park owned or controlled by the Corporation or by any Ministry,
Board, Commission or Authority established under any statute of Ontario or Canada.
b)
"PRIVATE PARK" shall mean a park other than a public park.
"PARKING AREA" shall mean an area or structure provided for the parking of motor vehicles and
includes any related aisles, parking spaces or driveways, but shall not include any part of a street. This
definition may include a private garage.
"PARKING LOT" shall mean any Parking Area other than a parking area accessory to a permitted use
on the same lot.
"PARKING SPACE" shall mean a portion of a parking area, exclusive of any aisles or driveways, which
may be used for the temporary parking or storage of a vehicle.
"PERMITTED" shall mean permitted by this by-law only.
"PERSON" shall mean any human being, association, firm, partnership, corporation, agent or trustee,
and the heirs, executors or other legal representative of a person to whom the context can apply
according to law.
"PERSONAL SERVICE SHOP" shall mean an establishment wherein a personal service is performed.
This definition may include a barber shop, a beauty salon, a dressmaking shop, a shoe repair shop, a
tailor shop, a photographic studio or similar use.
"PETROLEUM WELL" as defined by the Petroleum Resources Act, R.S.O., 1990, as amended shall
mean a hole drilled into a geographical formation of Cambrian or more recent age for the purpose of oil
or gas exploration; the storage of oil, gas or other hydrocarbons; the disposal of oil fluid in a geological
formation; solution mining; or, geological evaluation or testing.
"PETROLEUM WORK" as defined by the Petroleum Resources Act, R.S.O. 1990, as amended shall
mean a pipeline or a well and every part thereof and adjunct thereto that is used in the drilling for or the
production or storage of oil or gas.
"PLACE OF ENTERTAINMENT" shall include an auditorium, billiard room, bowling alley, video game
arcade, ice or roller skating rink, or dance hall but does not include any place of entertainment or
recreational use otherwise defined in this by-law.
"PLANTING STRIP" shall mean an area which shall be used for no purpose other than planting a row
of evergreen trees and/or a continuous unpierced hedgerow of evergreens or shrubs, not less than 1.5
Town of Petrolia Comprehensive Zoning By-law
25
metres high, immediately adjacent to the lot line or portion thereof along which such planting strip is
required herein. The remainder of such planting strip shall be used for no purpose other than planting
shrubs, flowers, grass or similar vegetation.
"PLANTING STRIP WIDTH" shall mean the least horizontal dimension of a planting strip measured
perpendicularly to the lot line adjoining such planting strip.
"PLAYGROUND" means any land used for the purpose of recreation or field games and not operated
for profit.
"PORCH" shall mean a covered entrance to an entrance to a building.
"PRIVATE GARAGE" shall mean an accessory building or portion of a dwelling which is fully enclosed
and used for the sheltering of permitted vehicles and storage of household equipment incidental to the
residential occupancy. This definition shall not include a carport or other open shelter.
"PRIVATE CLUB" shall mean a building or part of a building used as a meeting place for members of a
chartered organization and shall include a lodge, a fraternity or sorority house, and a labour union hall.
"PUBLIC RECREATIONAL USE" shall mean the use of lands and/or Buildings for the purpose of
passive recreation, as defined in this by-law, owned or controlled by the Corporation or by any Ministry,
Board, Commission or Authority established under any Statute of Ontario or Canada.
"PUBLIC USE, NON-RECREATIONAL" shall mean a building, structure or lot used for public services
by the Corporation or the County, any local board of either the Corporation or the County, and
Conservation Authority established by the Government of Ontario, any Ministry or Commission of the
Government of Ontario or Canada.
"PUBLIC UTILITY" as defined in the Public Utilities Corporation Act, R.S.O., 1990, as amended, shall
mean any water, artificial or natural gas, electrical power or energy, stream or hot water.
"QUONSET HUT" shall refer to a prefabricated steel building with a semi-cylindrical barrel vaulted roof.
"RECREATION, ACTIVE" shall mean the use of lands and/or buildings for the purpose of organized
active leisure activities and shall include an arena, a sports field, a swimming pool and a golf course.
"RECREATION, COMMERCIAL" shall mean the commercial use of lands and/or buildings for the
purpose of recreation or entertainment and shall include a fitness club, racquet courts, bowling alley and
the like.
"RECREATION, PASSIVE" shall mean the use of lands for the purpose of passive leisure activity and
shall include a park, a garden, a picnic area and the like as well as a play lot with activity equipment for
children.
"RECYCLING DEPOT" shall mean the use of lands, structures or Buildings for the accumulation and
distribution of reusable materials including paper, cardboard, aluminum, steel, plastic and glass.
Storage of such materials after packaging shall be short term until the materials are shipped out. Open
Town of Petrolia Comprehensive Zoning By-law
26
storage areas used in conjunction with a "Recycling Depot" may be used to store limited quantities of old
appliances, rubber tires and constructed materials. On-site processing of such articles or materials shall
be prohibited.
"RENOVATION" shall mean the repair and restoration of lands, buildings or structures to good condition
but shall not include its replacement.
"REPLACEMENT" shall mean the removal and rebuilding, repairing or restoring of more than 25
percent of the total building or structure.
"RESEARCH & DEVELOPMENT ESTABLISHMENT" means the use of lands, buildings and structures
of parts thereof, for the purpose of developing and testing raw materials, processed products, or
chemical and biological products.
"RESIDENTIAL CARE FACILITY" means the use of lands and buildings or portion of a building other
than a Public or Private Hospital with provisions for accommodation and care for persons in return for
compensation.
"RESOURCE EXTRACTION" means the use of lands for the drilling, production from the ground, and
storage of natural gas, brine, or salt but excluding the refining of said products. This is separate from
petroleum well as defined herein.
"RESTAURANT" shall mean a building or part of a building where food is prepared and offered or kept
for retail sale to the public for consumption either on or off the premises and includes such uses as a
cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar, refreshment
room or accessory drive-through window. This definition shall not include a drive-in restaurant.
"RESTAURANT, DRIVE-IN" shall mean an establishment where food is offered for sale or sold to the
public for consumption, such establishment being designed for consumption of the food within a motor
vehicle.
"REST HOME" shall mean a rest home established or maintained under the Home for the Aged and
Rest Homes Act, R.S.O., 1990, as amended.
"RETAIL STORE" shall mean a building or part of a building in which goods, wares, merchandise,
substances, articles or things are offered or kept for retail sale to the public.
"RETAIL WAREHOUSE" shall mean a building or part of a building for the storage and display of
goods, merchandise, or materials and may include the carrying out of commercial transactions involving
the sale of such goods, merchandise or materials by retail sale to the general public.
"RETAIL SALES OR SERVICE AREA" shall mean a floor area where goods and/or services are made
available for sale but shall not include storage.
"RIDING SCHOOL / EQUESTRIAN CENTRE" means the commercial use of lands, buildings and
structures for the instruction of persons in a manner of riding houses and may include the boarding or
stabling of horses.
Town of Petrolia Comprehensive Zoning By-law
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"ROAD" shall mean a Street as defined in this By-law.
"SANITARY SEWER" shall mean a system of underground conduits operated by the Corporation,
another municipality or by the Ministry of the Environment, which carries sewage to a sewage treatment
facility.
"SATELLITE DISH" shall mean any accessory structure designed to receive communications signals
from satellites.
"SAWMILL" means the use of lands, buildings or structures for the purpose of processing logs or other
unfinished wood into lumber, shingles, pallets, sawdust, firewood, or related products.
"SCHOOL" shall mean a school under the jurisdiction of the Lambton County Board of Education, the
Lambton County Roman Catholic Separate School Board, or a school operated on a non-profit basis
and under charter granted by the Province of Ontario.
"SEMI-DETACHED/TOWNHOUSE DWELLING" shall mean a building, which contains two dwelling
units, attached horizontally by a common wall, to two other dwelling units on an adjacent lot.
"SERVICE AND REPAIR SHOP" shall mean an establishment wherein articles of goods such as
appliances, furniture or similar items may be repaired or serviced. This definition shall not include any
manufacturing operation or establishment used for the service or repair of motor vehicles.
"SERVICE SHOP, PERSONAL" see Personal Service Shop
"SERVICE TRADE" shall mean an establishment other than a motor vehicle use, that provides a non-
personal service or craft to the public, including but not necessarily restricted to a printer's shop, a
tinsmith shop, a plumber's shop, a painter's shop, a merchandise service shop, a furrier's shop, an
upholsterer's shop, a bakery, a catering establishment, a machine shop, or a monument engravers
shop.
"SETBACK" shall mean the minimum horizontal distance between a lot line and the nearest part of any
building or structure on the lot or the nearest open storage use on the lot.
"SHIPPING CONTAINER" (otherwise known as C-Can's) shall refer to a large metal box into which
cargo is packed for shipment by vessel, truck rail or air.
"SHOPPING MALL" shall mean an enclosed building containing four or more retail stores and other
uses, conceived, designed, developed, and managed as an independent and inter-related unit whether
by a single owner or tenant or by a group. Said retail stores are connected by a common interior
pedestrian walkway which provides the main point of entry to each retail store.
"SHOPPING PLAZA" shall mean a group of commercial establishments conceived, designed,
developed, and managed as an interdependent and inter-related unit whether by a single owner or
tenant or by a group acting in collaboration.
Town of Petrolia Comprehensive Zoning By-law
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"SIGHT TRIANGLE" shall mean the triangular space formed by the street lines of a corner lot and a line
drawn from a point in one street line to a point in the other street line, each such point being 9 metres
from the point of intersection of the street lines (measured along the street line). Where the two street
lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the
intersection of the projection of the street lines or the intersection of the tangents to the street lines.
"SIGN" shall mean a name, identification, description, device, display or illustration which is affixed to or
represented directly or indirectly upon a building, structure or lot which directs attention to an object,
product, place, activity, person, institute, organization or business.
"SITE PLAN" means a scaled drawing showing the relationship between the lot lines and their uses,
buildings, and structures existing and/or proposed on a lot, including such details as parking areas,
access points, landscaped areas, building areas, setbacks from lot lines, building heights, floor area,
densities, septic tank and tile fields, utility lines, and currents.
"SPECIAL NEEDS FACILITY" shall mean a premises that receives special needs or developmentally
challenged persons who are not of common parentage, primarily for the purpose of providing temporary
care and/or guidance, for a continuous period not exceeding twenty-four hours.
"STORAGE TRAILER" shall refer to a temporary portable structure designed to transport freight,
containing walls and a roof, including but not limited to trailers, that are designed to be transported either
on their own wheels or on a flatbed or other trailer, or have detached wheels.
"STOREY" shall mean that portion of a building or structure between any floor level of such building and
the floor, ceiling or roof next above such floor level. In the case of a dwelling, this definition shall not
include:
a)
an Attic, is such attic contains no habitable rooms; or
b)
a Basement, if such basement contains no habitable rooms; or
c)
a Cellar.
"STOREY, ONE-HALF" shall mean that portion of a building situate wholly or partly within the roof and
in which there is sufficient space to provide a height between finished floor and finished ceiling of at least
2.29 metres over a floor area equal to at least 50% of the area of the floor next below.
"STORM SEWER" shall mean a pipe or conduit located entirely within the ground and designed, used,
or intended for use for the conveyance of precipitation.
"STREET" shall mean a public thoroughfare which has been constructed in such a manner so as to
permit its use by normal vehicular traffic, which is open on a year-round basis and which is under the
jurisdiction of either the Corporation, the County or the Province of Ontario. This definition shall not
include any lane or private right-of-way.
"STREET ACCESS" shall mean, when referring to a lot, that such lot has a lot line or portion thereof
which is also a street line.
Town of Petrolia Comprehensive Zoning By-law
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"STREET LINE" shall mean the limit of the street allowance and is the dividing line between a lot and a
street.
"STRUCTURE" shall mean anything that is erected, built or constructed of parts joined together or
requiring a foundation to hold it erect, but shall not include free standing walls and fences.
"SWIMMING POOL, PRIVATE" shall mean a structure located on privately owned property, used and
maintained for the purpose of swimming or wading.
"TAVERN" means an establishment operation under the Liquor Licenses Act, R.S.O., 1990, where
alcoholic beverages are sold to be consumed on the premises and may or may not include the
preparation and sale of food to the public for consumption on the premises.
"TEMPORARY BUILDING" shall mean a building or structure intended for removal or demolition within
a prescribed time not exceeding two years as set out in a building permit.
"THEATRE" means a building or part thereof, used for the presentation of the performing arts.
"THEATRE, DRIVE-IN" means the use of lands, buildings or structures for the purpose of the outdoor
showing of motion pictures in consideration of payment.
"TOP-OF-BANK" means a line delineated at a point where the oblique plane of the slope associated
with a watercourse, meets the horizontal plane.
"TOWNHOUSE" See "DWELLING"
"TRAVEL TRAILER" shall mean a structure or vehicle designed, intended and used exclusively for
travel, recreation and vacation and which is either capable of being drawn by a passenger vehicle or is
self-propelled, and shall include tent trailers, vans, motor homes and similar transportable
accommodation excepting a single or double wide mobile home.
"TRAVEL TRAILER SALES ESTABLISHMENT" shall mean land and/or building used for the display
for sale of travel trailers and includes the servicing, repair, cleaning, polishing and greasing of such
vehicles and the sale of accessories and related products and the leasing or renting of such vehicles, but
does not include an automotive sales establishment as defined in this By-law.
"TRUCK TRANSPORT TERMINAL" shall mean a building, structure, or lot used for the parking,
repairing, or dispatching of commercial motor vehicles or trailers (as defined by the Highway Traffic Act,
R.S.O. 1990)
"USE" when used as a noun, shall mean the purpose for which a lot, building or structure, or any
combination thereof is designed, arranged, occupied or maintained. "USES" shall have a corresponding
meaning.
Town of Petrolia Comprehensive Zoning By-law
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"UTILITY SERVICE BUILDING" shall mean a building used in connection with the supplying of Public
Utilities including a water and sewage pumping station, a water storage reservoir, a gas regulator
building, a hydro sub-station, a telephone exchange building or similar buildings.
"VEHICLE" shall mean an automobile, a boat, a commercial motor vehicle, a farm implement, a
motorcycle, a snowmobile or a travel trailer.
"VETERINARY ESTABLISHMENT" means the use of lands, buildings or/and structures under the
control and supervision of a veterinarian registered under the Veterinarian Act R.S.O. 1990, where
animals and birds are given medical treatment or care but there are no outdoor kennels.
"WALL, MAIN" shall mean an outside wall of a building that supports a roof and shall include a wall
under a gable end.
"WAREHOUSE" shall mean a building and/or enclosed structure intended to be used for the storage
and display of goods, merchandise or materials, and may include the carrying out of commercial
transactions involving the sale of such goods, merchandise and materials by wholesale.
"WASTE DISPOSAL SITE" as defined in Section 25 of the Environmental Protection Act R.S.O. 1990,
shall mean any land or land covered by water upon, into, in or through which, a building or structure in
which, waste is deposited or processed and any machinery or equipment or operation required for the
treatment or disposal of waste.
"WAYSIDE PIT" or "WAYSIDE QUARRY" means a temporary pit or quarry opened and used by a
public road authority solely for the purpose of a particular project or contract of road construction and not
located on the road right-of-way.
"WHOLESALE USE" means any establishment which sells merchandise to others for resale and or to
industrial or commercial users.
"YARD" shall mean a space, appurtenant to a building or structure, located on the same lot as the
building or structure, and which space is open, uncovered and unoccupied from the ground to the sky
except for such accessory buildings, structures or uses as are specifically permitted elsewhere in this
By-law.
a)
"FRONT YARD" shall mean a yard extending across the full width of the lot between the front lot
line of the lot and the nearest part of any building or structure on the lot, or the nearest open
storage use on the lot.
b)
"FRONT YARD DEPTH" shall mean the least horizontal dimension between the front lot line of
the lot and the nearest part of any building or structure on the lot, or the nearest open storage use
on the lot.
c)
"REAR YARD" shall mean a yard extending across the full width of the lot between the rear lot
line and the nearest part of any building or structure on the lot, or the nearest open storage use
on the lot.
Town of Petrolia Comprehensive Zoning By-law
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d)
"REAR YARD DEPTH" shall mean the least horizontal dimension between the rear lot line of the
lot and the nearest part of any building or structure on the lot, or the nearest open storage use on
the lot.
e)
"SIDE YARD" shall mean a yard extending from the front yard to the rear yard and from the side
lot line of the lot to the nearest part of any building or structure on the lot, or the nearest open
storage use on the lot. In the case of a lot which has no rear lot line, the side yard shall extend
from the front yard to the opposite side yard.
f)
"SIDE YARD WIDTH" shall mean the least horizontal dimension between the side lot line of the
lot and the nearest part of any building or structure on the lot, or the nearest open storage use on
the lot.
g)
"EXTERIOR SIDE YARD" shall mean a side yard immediately adjoining a street.
h)
"INTERIOR SIDE YARD" shall mean a side yard other than an exterior side yard.
i)
"REQUIRED YARD" shall mean a yard with the minimum front yard depth, rear yard depth, or
side yard width required by the provisions of this by-law. A required side yard shall extend from
the required front yard to the required rear yard, or in the case of a lot which has no rear lot line,
the required side yard shall extend from the required front yard to the opposite required side yard.
"ZONE" shall mean a designated area of land use shown of Schedule 'A' hereto.
Town of Petrolia Comprehensive Zoning By-law
32
SECTION 3 - ZONES, ZONE SYMBOLS & ZONE MAPS
3.1
ESTABLISHMENT OF ZONES
For the purpose of this By-law the Town of Petrolia is divided into the following defined areas
herein referred to as Zones:
Section
Zone
Symbol
5
Residential-1
R1
6
Residential-2
R2
7
Residential-3
R3
8
Institutional
I
9
General Commercial
C1
10
Highway Commercial
C2
11
General Industrial
M1
12
Light Industrial
M2
13
Waste Disposal Industrial
M3
14
Petrolia Discovery
PD
15
Open Space
OS
16
Environmental Protection
EP
17
Future Development
FD
3.2
USE OF SYMBOLS
The symbols listed in Subsection 3.1 may be used to refer to any of the uses of land, Buildings
and Structures permitted by this By-law in the said Zones and whenever in this By-law the word
"Zone" is used, preceded by any of the said symbols, such Zone shall mean any area delineated
on the Zoning Maps and designated thereon by the said symbol.
3.3
THE USE OF THE HOLDING (h) SYMBOL
Where a holding symbol is added as a suffix to any zone category, development within the area
affected cannot proceed until the conditions specified in the provisions have been fulfilled.
Council will remove the Holding Provisions once the conditions restricting development have
been satisfied.
Town of Petrolia Comprehensive Zoning By-law
33
3.4
APPLICATION OF ZONES
No Person shall, within any of the Zones defined in the By-law and delineated on the Zoning
Maps hereto appended, erect or use any Building or Structure, or use any land in whole or part
except in such manner and for such purposes as are set forth in this By-law.
3.5
INCORPORATION OF ZONING MAP
The location and boundaries of the Zones established by this By-law are shown on the Zoning
Map hereto appended as Schedule "A" are hereby incorporated in and declared to form part of
this By-law.
3.6
INTERPRETATION OF ZONING MAP
Where uncertainty exists with respect to the boundaries of the various Zones as shown on the
Zoning Maps, the following provisions shall apply:
a)
Street, Lane, Right-of-Way, or Watercourse
Unless otherwise shown, a Street, Lane, railway Right-of-Way, electrical transmission line Right-
of-Way, creek or watercourse shall be included within the Zone of the adjoining property on either
side thereof and where such Street, Lane, Right-of-Way, creek or water course serves as a
boundary between two or more different Zones, the centre line of such Street, Lane, Right-of-
Way, creek or watercourse extending in the general direction of the long dimension thereof, shall
be deemed to be the boundary between Zones.
b)
Lot Lines
Where any Zone boundary is not shown to be a Street, Lane, Right-of-Way, creek or
watercourse, and where the boundary approximately follows lot lines, such lot lines shall be
deemed to be the Zone boundary.
c)
Closed Street, Lane or Right-of-Way
In the event a Street, Lane or Right-of-Way and the limits of any portion thereof is closed, the
property formerly within such Street, Lane or Right-of-Way shall be included within the Zone
adjoining the property, and where such Street, Lane, or Right-of-Way was a Zone boundary, the
new Zone boundary shall be the former centre line of the closed Street, Lane or Right-of-Way.
Town of Petrolia Comprehensive Zoning By-law
34
d)
Conservation Authority Fill & Construction Lines
Certain lands within the Municipality are subject to Fill, Construction and Alteration Regulations
pursuant to the Conservation Authorities Act, R.S.O. 1990, Chap. C.27, as amended. Where any
Zone boundary is shown as following the limits of a Conservation Authority Regulated area, the
Zone boundary shall be deemed to correspond with the limits of such Regulated area. In the
event that an application is made to, and approved by, the Conservation Authority for a permit
pursuant to the Fill, Construction and Alteration Regulations, the lands for which such permit is
issued shall be deemed to be included within the same Zone as the adjoining non-Regulated
lands.
e)
Scale From Zoning Map
Where any Zone boundary is left uncertain after application of the provisions of Section 3.6,
subsections a), b) c) and d), of this By-law, then the boundary shall be determined by scale from
the zoning maps to the centre of the Zone boundary line.
3.7
INCORPORATION OF TABLE "A"
The site regulation provisions of the Zones established by this By-law are shown on the chart
hereto appended as Table "A" are hereby incorporated in and declared to form part of this By-
law.
Town of Petrolia Comprehensive Zoning By-law
35
SECTION 4 - GENERAL PROVISIONS
4.1
USES PERMITTED IN ALL ZONES
The following uses are permitted in all zones within the Corporation:
4.1.1 Services and Utilities
Despite any other provisions of this By-law, the County of Lambton, the Corporation of the Town
of Petrolia, and any Ministry of the Government of Canada or Province of Ontario may for the
purpose of the public service, use any land or any building or structure in any zone in spite of the
fact that such use of any building or structure does not conform with the provisions of this By-law
for such zone. Any telephone or telegraph company and Ontario Hydro shall comply with the
provisions of this By-law only insofar as such uses are for administrative or office purposes.
4.1.2 Utility Service Buildings and Non-Recreational Public Uses
Utility Service Buildings and Non-Recreational Public Uses exclusive of sanitary landfill
areas, incinerators and works yards, are permitted in all zones. Where such use is located
in any Residential Zone:
(a)
it shall comply with the provisions for such Zone;
(b)
there shall be no Open Storage;
(c)
any buildings or structures erected or used shall be designed, maintained and used
in a manner compatible with Residential buildings of the type permitted in said
Zone.
4.1.3 Public Recreational Uses
Parks, Community Facilities and golf courses operated by or for the Town of Petrolia
including uses accessory thereto.
4.1.4 Construction Uses
Any sheds, scaffolds or other structures incidental to building construction on the premises
for so long as the same is necessary for work in progress.
4.1.5 Pipelines
Nothing in this By-law shall prevent the use of any land for any gas, oil, brine or other liquid
or gaseous product transmission or distribution pipeline and appurtenance thereto.
Town of Petrolia Comprehensive Zoning By-law
36
4.1.6 Petroleum Well and Petroleum Work
Nothing in this By-law shall prevent the use of any land for any "Petroleum Well" or
"Petroleum Work" subject to the regulations of the Oil, Gas and Salt Resources Act,
R.S.O. 1990.
4.2
USES PROHIBITED IN ALL ZONES
Unless specifically permitted in this By-law, all uses, including the following uses, are specifically
prohibited and shall be permitted only by amendment to this By-law:
(a)
The making or establishment of an Extractive Use.
(b)
Offensive industrial uses including the boiling of blood, tripe or soap, tanning of
hides and skins and other similar uses may be declared by the local Board of
Health or Council to be a noxious or offensive trade, business or manufacture.
(c)
The operation of year-round, privately-owned travel trailer camps or privately-
owned camping grounds, but not including the operation of mobile home parks as
defined in this By-law.
(d)
Auto Wrecking Establishment.
(e)
The outdoor keeping or storage of any Derelict Motor Vehicle.
(f)
A track for the racing or testing of automobiles, snowmobiles, motorcycles or any
motorized vehicle.
(g)
An Adult Entertainment Establishment.
(h)
Any manufacturing or processing use involving dangerous materials which poses a
hazard to the public.
4.3
ACCESSORY USES
4.3.1 Uses Permitted
Where this by-law provides that land may be used for a building or structure or may be
erected or used for a purpose, that purpose shall include any accessory building, structure
or use, but shall not include any of the following uses:
(a)
any occupation for gain or profit conducted within or accessory to a dwelling unit;
nor
(b)
any building used for human habitation.
Town of Petrolia Comprehensive Zoning By-law
37
(c)
except as otherwise provided, shipping containers, storage trailers and Quonset
huts and the like shall not be permitted in any zone, save and except industrial
zones.
(d)
notwithstanding any other provision of this By-law to the contrary, trailers and
mobile home units shall not be used as accessory buildings or dwellings.
4.3.2 Structures Permitted in all Yards
Despite any other yard provisions of this by-law, drop awnings, flag poles, garden trellises,
fences, retaining walls, legal signs, legal septic systems or similar accessory uses shall be
permitted in any yard.
4.3.3 Yards
All accessory uses shall comply with the yard provisions of the zone in which such
accessory use is located, except that in any Residential Zone, an accessory use shall
comply with the following provisions:
(i)
Except as otherwise provided for in any Residential Zone, an accessory building or
structure, which is not attached to the main building, shall not be erected in any
yard other than the interior side yard or rear yard.
(ii)
No completely Detached accessory building or structure shall be located closer
than 1.2 metres to the main building on the same lot.
(iii)
An Attached accessory building or structure may be erected in a front yard or
exterior side yard provided it is not located in a required yard.
(iv)
When a Detached accessory building or structure is located in an interior side yard,
it shall be no closer than 1 metre to the interior side lot line except where a mutual
private garage is erected on the common lot line between two lots, in which case no
interior side yard is required.
(v)
When a Detached accessory building or structure is located in the rear yard, it shall
be no closer than 1 metre to the rear lot line.
(vi)
No Attached or Detached accessory building shall be located closer to the exterior
side lot line than the exterior side yard setback required for the zone in which each
lot is located.
4.3.4 LOT COVERAGE AND HEIGHT
The total lot coverage of all Detached accessory buildings and structures on a lot in any
Residential Zone shall not exceed 10% of the lot area to a maximum of 67 square metres
nor shall the height of any Detached accessory building or structure exceed 4.5 metres.
Town of Petrolia Comprehensive Zoning By-law
38
For the purposes of this provision, the height of a Detached building or structure shall be
measured from the finished floor to the highest point of the building or structure. Also for
the purposes of this provision the roof pitch on all Detached accessory buildings greater
than 20 square metres in size shall be limited to a minimum 3/12 pitch and a maximum
pitch that is not greater than the pitch of the main part of the dwelling's roof. Attached
Accessory building height shall not exceed the height of the principal residential building
located on the property.
4.3.5 PRIVATE SWIMMING POOLS
A private swimming pool shall not be considered as part of the lot coverage. Fences
surrounding private swimming pools shall comply with the by-laws of the Corporation
regulating such fences.
4.3.6 SATELLITE DISHES
(i)
A Satellite Dish as defined in this By-law that is erected in a Residential Zone shall
only be permitted in a Rear Yard.
(ii)
A Satellite Dish may be erected in the General Commercial (C1) Zone provided it is
located:
a)
in a rear yard, a minimum setback of 3 metres from a side or rear lot line; or
b)
a minimum setback of 3 metres from any Main Wall when it is erected on
any building or structure.
4.4
HEIGHT RESTRICTIONS
The height provisions of this by-law shall not apply to the following:
an air conditioner duct;
a belfry;
a chimney;
a church spire;
a clock tower;
an elevator penthouse;
a flag pole;
a grain elevator;
a non-commercial radio antenna;
a non-commercial television antenna;
a water tower.
4.5
NON-CONFORMING USES
This By-law acknowledges that Section 34(9) of the Planning Act, R.S.O.1990, provides that "no
by-law passed under this section applies:
Town of Petrolia Comprehensive Zoning By-law
39
(a)
to prevent the use of any land, building or structure for any purpose prohibited by the by-
law if such land, building or structure was lawfully used for such purpose on the day of the
passing of the by-law, so long as it continues to be used for that purpose; or
(b)
to prevent the erection or use for a purpose prohibited by the By-law of any building or
structure for which a permit has been issued under Section 5 of the Building Code Act,
R.S.O. 1990, prior to the day of the passing of the by-law, so long as the building or
structure when erected is used and continues to be used for the purpose for which is was
erected and provided the permit has not been revoked under Section 6 of the Building
Code Act, R.S.O. 1990.
Furthermore, Section 34(10) of the Planning Act, R.S.O 1990, provides as follows:
Despite any other provision of Section 34 of the Planning Act R.S.O. 1990, any by-law
passed may be amended so as to permit the extension or enlargement of any land,
building or structure used for any purpose prohibited by the by-law if such land, building or
structure continues to be used in the same manner and for the same purpose as it was
used on the day such by-law was passed.
4.6
RESTORATION OF NON-CONFORMING USES
(a)
Where in any Zone, a building or structure exists as a legal non-conforming use and the
said building or structure is destroyed by fire or natural disaster, this by-law does not
prevent the reconstruction of said building or structure to its prior dimensions at its exact
prior location. Should the exact prior location be impossible to build upon for legal,
technical or insurance reasons, then the location may be adjusted only to the extent
necessary to overcome such reasons.
(b)
Nothing in this by-law shall prevent the strengthening or restoration to a safe condition of
any non-conforming use, building or structure provided that such repair or restoration will
not increase the height, size or volume or change the use of such building or structure or
constitute a replacement.
4.7
NON-COMPLYING BUILDINGS OR STRUCTURES
(a)
Rebuilding or Repair Permitted
Where in any zone, a non-complying use, building or structure is destroyed by fire or
natural disaster, such non-complying use, building or structure shall be reconstructed in
compliance with this by-law unless it is not possible for legal, technical or insurance
reasons. In such case, the reconstruction shall comply as close as possible with the by-law
and if this is not possible due to legal, technical or insurance reasons, the non-complying
use, building or structure may be reconstructed to its prior dimensions at its exact prior
location.
Town of Petrolia Comprehensive Zoning By-law
40
(b)
Strengthening to a Safe Condition
Nothing in this By-law shall prevent the repair or restoration to a safe condition of any non-
complying use, building or structure provided that such repair or restoration does not
Further Contravene any of the provisions of this By-law.
(c)
Additions and Accessory Uses Permitted
(i)
Nothing in this By-law shall prevent an addition to a non-complying use, building or
structure, provided that such addition does not Further Contravene any of the
provisions of this By-law.
(ii)
Nothing in this By-law shall prevent the erection or enlargement of buildings,
structures and uses accessory to a non-complying use, building or structure,
provided that such erection or enlargement does not Further Contravene any of the
provisions of this By-law.
4.8
DWELLING UNITS
4.8.1 Yard Provisions for Non-Residential Buildings
Where a dwelling unit is located in a non-residential building, such dwelling unit shall
comply with the yard provisions of this By-law which apply to the said non-residential
building.
4.8.2 Cellar Location
No dwelling in its entirety shall be located in a cellar.
4.8.3 Basement Location
A dwelling unit, in its entirety, may be located in a basement, provided that the finished
floor level of such basement is not below the level of any sanitary sewer or storm sewer
serving the building in which such basement is located and there is at least one storey
located above such basement containing habitable space.
4.9
SECOND DWELLING UNIT IN A SINGLE DETACHED DWELLING
In those Zones where single detached dwellings are permitted, the addition of a second dwelling
unit may be established in the single detached dwelling subject to the following provisions:
a)
only one (1) additional dwelling unit will be permitted;
b)
one parking space is to be provided for the additional dwelling unit;
c)
all parking spaces are to be located in an interior side yard, rear yard, or in a garage;
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d)
all provisions of the Fire Code and Building Code are to be complied with;
e)
no dwelling unit is to be established in a Cellar;
f)
there shall be no significant alteration to the exterior of the dwelling, except for required
fire escapes, and extra windows and entrances;
g)
the dwelling must be inspected by the Corporation's Building Inspector before the
additional dwelling unit is occupied; and
4.10
LOT DEVELOPMENT REQUIREMENTS
4.10.1 Frontage on a Street
Notwithstanding any provision of this By-law, no lot shall be used and no building on a lot
erected or used unless the lot abuts or fronts on a Street.
4.10.2 More than One Use on a Lot
When a lot contains more than one use, each such use shall conform to the provisions of
this by-law for such use in the zone where it is located.
4.10.3 More than One Zone on a Lot
When a lot is divided into more than one zone, each such portion of the lot shall be used
in accordance with the provisions of this By-law for the applicable zones. Where a portion
of a lot is zoned Environmental Protection, such portion shall be included in determining
the minimum Lot area requirements.
4.10.4 Number of Main Buildings on a Residential Lot
Unless otherwise stated, no lot shall be occupied by more that one (1) Main Building in any
Residential Zone.
4.11
EXISTING LOTS
Where one or more lots exist and are held in separate ownership in any zone including lots which
have insufficient lot area and/or frontage, then this By-law shall not prevent the erection of a
permitted use thereon provided that all other provisions of this By-law are complied with and the
lot can be serviced with a potable water supply and sanitary sewerage system.
Notwithstanding the above clause, the erection of new dwellings containing more than one
dwelling unit shall comply with the lot area and/or frontage provisions per dwelling unit.
Town of Petrolia Comprehensive Zoning By-law
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4.12
LOTS REDUCED BY PUBLIC ACQUISITION
Where the area of a Lot is reduced by means of an acquisition of part of the lot by any authority
having power of expropriation, and where such acquisition causes the lot as reduced, or any
building or structure existing lawfully on the lot on the date of such acquisition, to not comply with
one or more provisions of this By-law, then nothing in this By-law shall apply to prevent the
continued use of the lot as reduced as if no such acquisition had taken place, provide that:
a)
no further change is made in the dimensions, area or any other characteristic of the lot as
reduced, subsequent to the date of such acquisition, that would increase the extent of the
said non-compliance; and
b)
no building or structure or addition thereto is erected on the lot as reduced, subsequent to
the date of such acquisition, except in accordance with the provisions of this By-law.
In the case of a road widening dedication, the land that has been or will be dedicated shall
be included in any calculation for the purposes of determining compliance with this By-law,
provided that any building or structure is located wholly within the boundary of the land
remaining after the dedication.
4.13
HOME OCCUPATIONS
No home occupation shall be permitted in any zone unless such use complies with the following
provisions:
(a)
The home occupation shall be clearly secondary to the main residential use, be operated
and contained entirely within the dwelling, and shall not change the residential character of
the dwelling or the lot.
(b)
No person other than a member of the housekeeping unit, and not more than two persons
not residing on the premises shall be employed except as is necessary for housekeeping
purposes.
(c)
There shall be no open storage or display of materials, containers or finished products.
(d)
The home occupation may involve the sale of goods associated with a craft that is
produced in the dwelling, but a use that is primarily a retail store is prohibited.
(e)
Except for a Bed and Breakfast Establishment, not more than 25% of the gross floor area
of the dwelling shall be exclusively devoted to the home occupation and it shall not occupy
more than 28 square metres of gross floor area.
(f)
No home occupation use shall include the storage or repair of construction equipment,
welding, auto body repair, automobile maintenance, or metal fabrication.
(g)
A sign shall be permitted in accordance with Section 4.22 of this By-law.
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(h)
The use shall not create or become a public nuisance in regard to noise, traffic, parking or
interference with radio or television reception.
(i)
No more than one physician, dentist or drugless practitioner shall practice in a Clinic where
such clinic constitutes a home occupation. Such physician, dentist or drugless practitioner
shall reside in the dwelling unit, where such clinic is located.
(j)
No above normal pedestrian or vehicular traffic
(k)
Except for a Bed and Breakfast Establishment or a Clinic, the Home Occupation shall not
require the creation of additional on-site parking spaces unless the said Home Occupation
occupies more than 56 square metres of the Dwelling Unit Area. If such is the case, one
parking space shall be provided for every 28 square metres exclusively devoted to the
Home Occupation.
(l)
A Bed and Breakfast Establishment shall require 1 parking space per guestroom. A clinic
shall require 5 parking spaces or 1 parking space for every 28 square metres exclusively
devoted to the clinic whichever is the greater.
(m)
Except for a Bed and Breakfast Establishment, where food is served to overnight guests
only or a catering business, where food is prepared on site for delivery to another location,
no food preparation of food service shall be permitted as a home occupation.
4.14
OCCUPANCY OF VEHICLES
No truck, coach or streetcar body shall be used for human occupancy within the Town of Petrolia,
whether or not the same is mounted on wheels;
No travel trailer, truck camper, or motor home shall be used for the living, sleeping or eating
accommodation of persons within any residential zone for a period of more than thirty days in any
period of ten consecutive months.
4.15
YARD ENCROACHMENTS
Unless otherwise specified by this by-law, every part of any yard required by this by-law shall be
open and unobstructed by any building or structure from the ground to the sky provided however,
those structures listed below shall be permitted to project into the required yards indicated for the
distances specified.
(a)
Architectural Features
The projection of window sills, chimneys, cornices, window wells, eaves, gutters, and
similar architectural features shall be permitted to project into any required yard a
maximum distance of 0.5 metres.
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(b)
Outdoor Heating and Air Conditioning Units, Pool Equipment and Generators
Outdoor heating or air conditioning units, pool equipment and generators may project into
any required yard a maximum distance of 0.5 metre.
(c)
Porches and Decks
An enclosed or unenclosed porch or deck may project into any required front or rear yard
a maximum distance of 2 metres, excluding eaves.
(d)
Unenclosed Balconies and Steps
Unenclosed balconies and steps may project into any required front or rear yard a
maximum of 2 metres.
(e)
Bay Windows and Awnings
Any bay window or awning may project into the required front and rear yards a maximum
of 1 metre.
(f)
Building in Built-Up Areas
Where a building is to be erected within a built-up area where there is an Established
Building Line, as defined in this By-law, such building may be erected closer to the street
line than required by this by-law provided that such building is not erected closer to the
street line than the established building line.
4.16
YARD DEPTH NON-COMPLIANCE
Where in any Zone, a Building or Structure lawfully existed on the date of passing of this By-law
and is used for a permitted use and the existing Building or Structure does not comply with the
minimum required Yards for the Zone in which it is situated, the existing Yards shall be deemed
to conform to this By-law; however, any expansions to the existing Building or Structure shall
comply with all provisions of this By-law.
4.17
SPECIAL BUILDING SETBACKS
4.17.1 Setbacks from Ditches and Drains
No Buildings or Structures shall be erected closer than 15 metres from the Top of Bank of
any open drainage ditch or natural watercourse and not closer than 7.5 metres from a
sanitary or storm sewer.
Notwithstanding the aforementioned provision, development shall be prohibited within the
areas regulated by the St. Clair Region Conservation Authority, including the Regulatory
Town of Petrolia Comprehensive Zoning By-law
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Flood Plain and development adjacent to ravines, streams and river valleys shall be
restricted within the One Hundred Year Erosion Limit.
4.17.2 Sight Triangles
Within any area defined as a Sight Triangle, the following shall be prohibited:
(a)
any vegetation, shrubs or foliage planted or maintained higher than 50 centimetres
above Finished Grade. This requirement shall not apply to Agricultural Uses.
(b)
a Finished Grade exceeding the elevation of the centre line of the adjoining Street
by more than 60 centimetres;
(c)
Buildings, Structures, Signs or fences, the top of which exceeds the elevation of
the centre line of the adjoining Streets by more than 1 metre in height;
(d)
In all Zones, other than the General Commercial (C1), a Sight Triangle of 9 metres
shall be required from the point of intersection of the Street Lines.
(e)
Driveways
4.18
OPEN STORAGE REGULATIONS
(a)
Minimum Setbacks
(i)
The minimum setback from any front, side or rear lot line of any permitted Open
Storage in any zone shall be no less than the respective minimum front, side or rear
yard of the zone in which the said open storage is located, unless otherwise
specified hereinafter.
(ii)
In any lot in an Industrial Zone where any side or rear lot lines abut a lot in the
same zone as the zone in which the said lot is located, no minimum setback from
said side or rear lot line shall be required.
(b)
Parking
Any areas used for permitted Open Storage shall be in addition to and separate from such
areas as may be required by this by-law for the provision of off-street parking spaces.
(c)
Lighting
Where lighting facilities are provided in conjunction with any permitted Open Storage, such
lighting shall be so arranged as to deflect light onto the open storage area and away from
any adjoining properties.
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(d)
Screening
Any portion of a lot used for Open Storage shall be enclosed by a fence constructed of
solid materials at least 1.8 metres in height.
(e)
Surface Treatment
Any Open Storage area shall be maintained with a stable surface, treated so as to prevent
the raising of dust or loose particles and drained in accordance with the requirements of
the Municipality.
4.19
OUTDOOR DISPLAY AREA
Where Outdoor Display and sale of goods and materials is permitted, the following
provisions shall be complied with:
(a)
Such Outdoor Display is accessory to a commercial use carried on in an enclosed
building, or portion thereof, on the same lots except in the case of a private garage
sale;
(b)
The area used for Outdoor Display and sale shall not be more than twice the floor
area above grade of the commercial building, or portion of any such building
constructed upon the lot, and used for the commercial purposes for which Outdoor
Display and sale is permitted, and in any event, such area for lot area.
(c)
If the interior side lot line or rear lot line of a lot upon which such Outdoor Display
and sale in permitted abuts a Residential or Development Zone, then a planting
strip shall be provided along such abutting lot line, or portion thereof, in accordance
with the requirements for planting strips;
(d)
Where lighting facilities are provided they shall be so arranged as to deflect the light
onto the Outdoor Display and sale area, and away from adjoining properties and
streets;
(e)
The area used for Outdoor Display shall provide side and rear yards in accordance
with the provisions for the zone in which the land is situated, but in any event shall
not be closer to any side or rear lot line that 3.0 metres (9.8 feet);
(f)
The area used for Outdoor Display and sale shall be surfaced and maintained with
either concrete, asphalt, crushed stone and other hard surface and dust free
materials, or maintained as a lawn in a healthy growing condition;
(g)
Prior to the establishment of an area for the Outdoor Display and sale, the owner
shall file in writing with the municipality giving full particulars including a sketch of
survey of the lands to be used in relation to all buildings or other structures on the
same lot.
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4.20
PLANTING STRIPS
A Planting Strip shall be located within the zone and on the lot for which it is required. It shall be
planted, nurtured and maintained by the owner of the lot on which the Planting Strip is located.
The responsibility of maintenance of trees and plants rests with the owner.
4.20.1 Required Location
Where a lot is for a non-residential purpose and:
(a)
the interior side lot line or rear lot line abuts any residential use or undeveloped land
in a residential zone; or
(b)
where such lot is in an industrial zone and the front, side or rear lot line abuts a
street line and the opposite street line abuts any residential use or undeveloped
land in any residential zone then the land adjoining such abutting lot line or street
line shall be used for no purpose other than a Planting Strip in accordance with the
provisions of this subsection.
4.20.2 Width
Where, in any zone, land is required to be used for no purpose other than a planting strip,
it shall have a minimum width of 3 metres, measured perpendicularly to the lot line
adjoining such planting strip.
4.20.3 Height
The minimum height of a planting strip shall be 1.5 metres.
4.20.4 Interruption for Driveway or Walk
Where a driveway or walk extends through a planting strip it shall be permissible to
interrupt the planting strip within 3 metres of the edge of such driveway or within 1.5
metres of such walk.
4.20.5 Landscaped Open Space
A planting strip may form part of any landscaped open space required by this by-law.
4.21
SIGNS
(a)
Nothing in this by-law shall apply to prevent the erection, alteration or use of any sign,
provided such sign complies with the by-laws of the Corporation regulating signs and
provided such sign complies with the provisions of this by-law (sight triangles).
Town of Petrolia Comprehensive Zoning By-law
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(b)
Signs that are lawfully erected and maintained, directly related to, and pertinent to the
function of any of the permitted uses of this by-law are permitted; provided that in any
Residential Zone only the following shall be permitted:
(i)
One non-illumined real estate sign having a maximum area of 0.5 square metres
advertising the sale, rental or lease of the building, structures of lot upon which the
sign is displayed.
(ii)
One non-illumined sign having a maximum area of 0.3 square metres displaying
the name and address of a doctor, dentist, drugless practitioner, or person engaged
in a permitted home occupation, residing on the lot on which the sign is displayed.
(iii)
One non-illumined sign having a maximum area of 5 square metres advertising the
name and particulars of a subdivision or similar development project provided such
sign shall be removed upon completion of the project.
4.22 MOVEMENT OF BUILDINGS
No Building or Structure shall be moved in whole or in part to, or within the area defined by this
By-law unless:
(a)
every portion of the building or structure is made to conform to all the regulations of this
By-law applying to the Zone in which it is to be located; and
(b)
a permit is received from the Corporation.
4.23 COMMERCIAL AND INDUSTRIAL ZONES ABUTTING OR ADJACENT TO RESIDENTIAL,
INSTITUTIONAL, AND OPEN SPACE ZONES
Where any Commercial Zone or Industrial Zone fronts on a street or road opposite to, or directly
abuts any Residential Zone, Institutional, or Open Space Zone, the following provisions shall be
complied with:
(a)
no Loading Space shall be located in, nor open onto any yard adjacent to a neighbouring
zone as listed above;
(b)
exterior lighting and illuminated signs shall be so arranged as to deflect light away from
the adjacent zone;
(c)
Open Storage shall be prohibited in any front yard or side yard adjacent to the
neighbouring zone. Where permitted, the provisions of this by-law shall apply.
(d)
a planting strip shall be provided in accordance with the provisions of this by-law.
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4.24 OCCUPANCY
No Building or Structure or any part thereof shall be occupied until the whole of the exterior of
such Building has been completed according to the plans and specifications thereof filed with the
Chief Building Official and the whole of the interior has been completed with the exception of
minor details not exceeding ten (10) percent of the value of the Building as set out in the building
permit issued by the Chief Building Official thereof. All sanitary facilities shall be installed,
inspected and approved in writing and an occupancy permit obtained from the Chief Building
Official prior to the occupancy of any Building.
4.25 ACCESS
All uses, buildings or structures shall have access to a public street.
4.26 CONVERSION OF EXISTING DWELLINGS
An existing dwelling may be altered, remodelled, enlarged and used for purposes of a converted
dwelling in a Zone where permitted, provided that:
(a)
no dwelling unit so created contains a floor area of less than fifty (50) square metres and
this shall be in addition to the minimum Gross Floor area requirements established by this
By-law for the residence prior to conversion;
(b)
no more than two (2) additional dwelling units are permitted;
(c)
there is no increase in the cubic content of the building for habitable purposes except for
the addition of sun porches, entranceways and dormers;
(d)
any outside stairways (except for required fire escapes) be located in the rear yard;
(e)
no building may be converted into two units unless the lot has a minimum of 100 square
metres of landscaped open space located in the rear yard. No building may be converted
into three units unless the lot has a minimum of 135 square metres of landscaped open
space located in the rear yard.
(f)
the off-street parking requirements of this By-law are complied with;
(g)
where the Building cannot be connected to an existing sanitary sewer system, alternative
sewage treatment facilities approved under Part VIII of the Environmental Protection Act
shall be provided.
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4.27
PARKING AREA REGULATIONS
4.27.1 Requirements
(a)
The owner or occupant of every building or structure erected or used for any of the
purposes hereinafter set forth except for existing buildings, structures or uses in the
C1 Zone, shall provide and maintain for the sole use of the owner, occupant, or
other persons entering upon or making use of the said premises from time to time,
one or more parking spaces each such parking spaces having a minimum width of
2.7 metres, and minimum length of 6.1 metres, in accordance with the following:
TYPE OF USE
MINIMUM PARKING SPACE REQUIRED
Residential Use
Boarding House
1 parking space per dwelling unit, plus 1 parking space
per guest room
Group Home
1 parking space per staff member
Multiple Dwelling
1.5 parking spaces per dwelling unit except that, for a
senior citizens' apartment the minimum requirement
shall be 1 parking space per 2 dwelling units.
Home for the Aged/Rest Home
1 parking space per dwelling, plus 1 parking space per
2 guest rooms
Townhouse
1.5 parking spaces per dwelling unit
Other Residential Uses
1 parking space per dwelling permitted by this By-law
Non Residential Use
Assembly Hall, Auditorium
1 parking space for every 8 fixed seats plus 1 parking
space for each 18.5 square metres of gross floor area
(excluding area occupied by fixed seating)
Auction Hall or Flea Market
1 parking space for every 5 square metres of gross
floor space open to the public
Bank
1 parking space per 37 square metres of gross floor
area
Beverage Room
1 parking space per 4 persons permitted capacity
Bingo Hall
a)
1 parking space per 14 square metres of
gross floor area
Town of Petrolia Comprehensive Zoning By-law
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b)
1 parking space for 4 person design capacity of the
establishment
Church
1 parking space per 10 square metres of gross floor
area
Clinic
The greater of:
a)
5 parking spaces per practitioner; or
b)
1 parking space per 18.5 square metres of gross floor
area
Day Nursery
1 parking space per staff member
Funeral Home
1 parking space for every 5 fixed seats and 1 space for
every 5 square metres floor area where non-fixed
seating can be made available for chapel purposes; or
1 space for every 5 square metres of floor area devoted
to reposing rooms, whichever is the greater.
Hospital, Nursing Home
0.75 parking spaces per bed
Industrial Use
unless otherwise stated in the by-law, the number of
off-street parking required shall be sufficient to
accommodate all workers
Library
1 parking space for each 37 square metres of gross
floor area
Hotel/Motel
1.25 parking space per unit plus 1 parking space per 20
square metres of communal eating or entertainment
area
Motor Vehicle Repair
3 parking spaces per staff member
Establishment
Motor Vehicle Sales
1 space per 30 square metres gross floor area plus 1
space per 10 motor vehicles on display
Motor Vehicle Service
5 spaces per working bay
Establishment
Town of Petrolia Comprehensive Zoning By-law
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Motor Vehicle Washing
Establishment
i)
Self-Service Operation
4 parking spaces per wash stall
ii)
Conveyor Operation
8 parking spaces per wash stall
Office
1 parking space per 37 square metres of ground floor
area, plus one space for each 70 square metres of
remaining gross floor area
Private Club
1 parking space for every 8 fixed seats and/or 1 space
for each 18.5 square metres of gross floor area
(excluding areas occupied by fixed seating)
Recreation, Commerical
The greater of:
a)
1 parking space per 14 square metres of gross
floor area
b)
1 parking space per 4 persons design capacity
of the establishment
Restaurant
The greater of:
a)
1 parking space per 14 square metres of gross
floor area; or
b)
1 parking space per 4 persons design capacity
of the dining room
Restaurant, Drive-In
10 parking spaces per lot
Retail Store, Service
1 parking space per 37 square metres of
And Repair Shop,
ground floor area
Service Trade, Personal
plus
Service Shop
1 space for each 70 square metres of remaining gross
floor area
School
1.5 parking spaces per classroom, or teaching area
Shopping Centre
1 parking space per 28 square metres of gross floor
area
Town of Petrolia Comprehensive Zoning By-law
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Tavern
1 parking space for each 5 square metres of gross floor
area accessible to the public and devoted exclusively to
such uses
Veterinarian Clinic
1 parking space for each 28 square metres of gross
floor area
Warehouse
5 parking spaces minimum for the first 1,858 square
metres of gross floor area and 1 parking space for each
additional 300 square metres of gross floor area
Other Non-Residential
1 parking space per 37 square metres of gross
Uses Permitted
floor area
b)
Parking spaces shall be provided at the time of construction according to the
provisions of this By-law.
c)
If calculation of the required parking spaces results in a fraction, the required
parking spaces shall be the next higher whole number.
4.27.2 Addition to Existing Use
When an existing building or structure has insufficient parking spaces at the date of
passing of this by-law to comply with the requirements herein, this By-law shall not be
construed to require that the deficiency be made up prior to the construction of any
addition. In the case of the expansion or enlargement of an existing building or structure,
the requirement for provision of additional parking spaces shall be based on said
expansion or enlargement, provided that no additional parking shall be required in the
case of expansion or enlargement which does not exceed ten (10) percent of the gross
floor area of the building or structure as it existed on the date of the passing of this By-law.
4.27.3 Change of Use
Where a change of permitted uses takes place in a Commercial Zone within an existing
building or structure no additional parking facilities shall be required provided that:
(i)
no existing parking spaces are lost due to the change;
(ii)
the previous use was not residential
(iii)
the gross floor area is not increased.
In the case of an increase in gross floor area, the provisions of Section 4.28.2 shall apply.
Town of Petrolia Comprehensive Zoning By-law
54
4.27.4 More than one use on a lot
When a building, structure or lot accommodates more than one type of use the parking
space requirement for such building structure or lot shall be the sum of the requirements
for the separate uses thereof.
4.27.5 Location
The required parking area shall not form a part of any street or lane. The required parking
area shall be provided on the lot occupied by the building, structure or use for which said
parking area is required, except in the case of a Non-Residential use, the required parking
area may be provided on another lot if such parking area is not more than 150 metres from
the lot requiring the parking area.
4.27.6 Yards Where Permitted
Despite any yard provisions of this By-law to the contrary, uncovered surface parking
areas shall be permitted in all yards provided that no part of any parking area, other than a
driveway, is located closer than the minimum required front yard depth to any street line.
4.27.7 Access to Parking
(a)
Location
The minimum distance between a driveway and the intersection of street lines
measured along the street line intersected by such driveway shall be 9 metres.
(b)
Width
Access to the required parking spaces and parking areas shall be provided by
means of unobstructed driveways or passageways at least 3 metres but not more
than 9 metres in width. In the case of a driveway with combined ingress and
egress, the maximum width shall be 9 metres measured along the street line.
(c)
Aisles
The aisles between parking spaces within a parking area shall have a minimum
width of 6 metres.
(d)
Angle of Intersection
The minimum angle of intersection between a driveway and a street line shall be 60
degrees.
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(e)
Number of Driveways
Every lot shall be limited to the following number of driveways:
(i)
two driveways, with a combined width not exceeding 30% of the lot frontage,
for the first 30 metres of lot frontage or portion thereof; and
(ii)
one additional driveway for each additional 30 metres of lot frontage.
4.27.8 Surface
For any commercial, industrial or institutional use, each parking area and driveway
connecting the parking area and driveway connecting the parking area with a street shall
be paved with an asphaltic, concrete or tar and chip surface and be bounded by curbs.
For any residential structure containing up to three (3) dwelling units, gravel, or any
surface listed above is permitted for a parking area surface. For any residential structure
containing more than three (3) dwelling units the parking area shall be surfaces with an
asphaltic, concrete or tar and chip surface.
4.27.9 Movement Lanes for Automotive Washing Establishment
(a)
Automatic automotive washing establishments shall have on their premises
sufficient space for the storage and movement of at least 5 automobiles in advance
of the three automobiles at the terminus of each wash line.
(b)
Self-service automotive washing establishments shall have on their premises
sufficient space for the storage and movement of at least three automobiles in
advance of and one automobile at the terminus of each wash stall.
4.27.10
Restrictions in Residential Zones
(a)
No Commercial Motor Vehicle that carries dangerous goods as defined in this by-
law shall be parked or stored in any Residential Zone.
(b)
No commercial motor vehicle with a capacity for carrying a load weighing one (1)
tonne or more, shall be parked or stored in any Residential Zone.
(c)
The parking or storage of a boat, snowmobile, travel trailer or motor home is
permitted in any residential zone provided that none of the above are parked or
stored in a sight triangle, a required parking space, a front yard or exterior side
yard. Where a boat, snowmobile, travel trailer or motor home is parked or stored in
an interior side yard or rear yard it shall comply with the setbacks imposed on
accessory buildings and structures as stated this By-law. Notwithstanding the
above, the above noted vehicles may be parked in the front yard for loading and
unloading purposes only.
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56
4.28
LOADING SPACE REGULATIONS
4.28.1 Spaces Required
The owner or occupant of any lot, building or structure erected or used for any purpose,
involving the receiving, shipping, loading or unloading or persons, animals, goods wares,
merchandise or raw materials, shall provide and maintain at the premises, facilities for
loading. Loading spaces shall measure at least 9 metres long, 3.5 metres wide and have
a vertical clearance of at least 4.5 metres.
The number of loading spaces required shall be sufficient to address the needs of the
operation.
4.28.2 Location
The required loading space shall be provided on the lot occupied by the building or
structure for which the said loading spaces are required and shall not form part of any
street or lane.
4.28.3 Access
Access to loading spaces shall be by means of a driveway at least 6 metres wide contained
within the lot on which the spaces are located.
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57
5
RESIDENTIAL-1 (R1) ZONE
5.1
Permitted Uses
(a)
Single Detached Dwelling; or
(b)
Duplex;
(c)
Day Nursery;
(d)
Day Care Facility;
(e)
Bed and Breakfast Establishment;
(f)
Group Home Type I;
(g)
Home Occupation; and
(h)
Buildings, Structures and Uses accessory to a permitted use including a
Garage/Yard Sale.
5.2
Minimum Gross Floor Area
80 square metres for a one storey single detached dwelling; 70 square metres on the
ground floor for a single detached dwelling with more than one storey; 70 square metres
for each unit in a duplex dwelling.
5.3
Residential-1 with a Holding Provision
Lands within the R1-h Zone shall permit uses lawfully existing on the date of passing of
this by-law. The holding (h) symbol of the R1-h Zone shall be removed pursuant to Section
36 of the Planning Act S.O. 1996, c.4 only upon the granting of draft approval of a plan of
subdivision on the subject lands.
5.4
Exception 1 to the Residential-1 Zone
Lands described as Lot 1 and Part Lots 2 & 3 of Plan 60 and Lots 6, 7, 8 & 24 and Part
Lots 5 & 25 of Plan 16 within the R1-1 Zone shall permit a funeral home in addition to the
uses permitted in the R1 Zone. The provisions of the R1 Zone shall apply to the lands
Zone R1-1.
5.5
Exception 2 to the Residential-1 Zone
Notwithstanding any provisions to the contrary, a minimum Lot Frontage of 11.5 metres
and a minimum Lot Area of 460 square metres, in addition to any other provisions
pertaining to the Residential-1 (R1) Zone, shall apply to the lands described as Part Lots
36 & 38 of Plan 14 and zoned (R1-2). Lands within the R1-2 Zone shall permit the uses of
the R1 Zone.
5.6
Exception 3 to the R-1 Zone
Notwithstanding any provisions on Table "A" to the contrary, for those lands zoned R1.3,
the minimum exterior side yard shall be 4.5 metres, however where an attached garage
Town of Petrolia Comprehensive Zoning By-law
58
gains entrance from the exterior lot line (flanking street), the minimum exterior side yard
shall be 6 metres. Any other provisions of the R.1 zone shall apply to the lands zoned
R1.3.
5.7
Exception 4 to the R-1 Zone
Notwithstanding any provisions on Table "A" Site Regulations to the contrary, for those
lands zoned R1-4, the minimum frontage shall be 12 metres and the minimum exterior
side yard will be 4 metres. All other provisions and setbacks of the R1 Zone shall apply to
the lands zoned R1-4.
5.8
Exception 5 to the R-1 Zone
Notwithstanding any provisions to the contrary, the following provisions in addition to any
other provisions of the R1 Zone shall apply to the lands zoned R1-4:
(i)
a minimum front yard frontage of 9.75 metres is permitted.
5.9
Exception 6 to the R-1 Zone
Notwithstanding any provisions on Table "A" to the contrary, for those lands zoned R1.6,
the maximum lot coverage shall be 40%. Furthermore, for the lands previously zoned R1-
3 and shown on Schedule A-1, the minimum exterior side yard shall be 4.5 metres, except
where an attached garage gains entrance from the exterior lot line (flanking street), in
which case the minimum exterior side yard shall be 6 metres. Any other provisions of the
R1 zone shall apply to the lands zoned R1.6
5.10
Exception 7 to the R-1 Zone (B/L 31/2020)
Notwithstanding any provisions to the contrary, the following provisions in addition to any
other provisions of the R1 Zone shall apply to the lands zoned R1-7:
(i)
A dwelling must be located at a minimum side yard setback of 30 metres from the
western-most side lot line.
(ii)
Accessory buildings, structures or uses are to be located at least 6 metres from the
neighbouring property to the west.
Town of Petrolia Comprehensive Zoning By-law
59
RESIDENTIAL-2 (R2) ZONE
6.1
Permitted Uses
(a)
Single Detached Dwelling; or
(b)
Semi-Detached Dwelling; or
(c)
Duplex Dwelling; or
(d)
Triplex Dwelling; or
(e)
Converted Dwelling.
(f)
Day Nursery;
(g)
Day Care Facility;
(h)
Boarding House;
(i)
Bed and Breakfast Establishment;
(j)
Group Home Type 1;
(k)
Home Occupation; and
(l)
Buildings, structures and uses accessory to a permitted use including a
Garage/Yard Sale.
6.2
Minimum Gross Floor Area:
80 square metres for a one storey single detached dwelling; 70 square metres on the
ground floor for a single detached dwelling with more than one storey; 70 square metres
for each unit in a duplex dwelling or semi detached dwelling unit; and 55 square metres
per dwelling unit in a converted dwelling or triplex dwelling.
6.3
Exception 1 to the Residential-2 Zone
Lands described as Lot 4, Block "C" of Plan 65 within the R2-1 Zone shall permit a Service
and Repair Shop and accessory uses thereto, in addition to the uses permitted in the R2
Zone. The provisions and the setbacks of the R2 Zone shall apply to the lands zoned R2-
1. Any expansion or enlargement of the existing Service and Repair Shop in the R2-1
Zone, shall be by amendment to this by-law.
6.4
Exception 2 to the Residential-2 Zone
Notwithstanding any provisions to the contrary, the following provisions in addition to any
other provisions of the R2 Zone shall apply to the lands zoned R2-2:
i)
a semi-detached/townhouse dwelling (comprising of 4 horizontally arranged units)
is permitted
ii)
a maximum lot coverage of 40% is permitted, and
iii)
minimum interior side-yard will be 0 metres wall side/3metres unattached side
Town of Petrolia Comprehensive Zoning By-law
60
6.5
Exception 3 to the Residential-2 Zone
Notwithstanding Table "A" Site Regulations for a R2 Semi-Detached Dwelling the
minimum interior side yard will be 0 metres where a unit is attached to another unit and 2.5
metres where there is no common wall.
6.6
(R.2-h(1)) Residential-2 Zone with a Holding Provision (1)
Lands within the R.2-h(1) Zone shall permit uses lawfully existing on the date of the
passing of this By-law. The holding (h(1)) symbol of the R.2-h(1) Zone shall be removed
pursuant to Section 36 of the Planning Act R.S.O.1996, C.4 only upon the granting of a
draft plan of subdivision on the subject lands.
A provision will be included that the Owner agrees at his/her own expense, to plug any oil
or gas well or dispose of any storage tanks, located within the subject lands in accordance
with the Ministry of the Environment and Ministry of Natural Resources. The Owner
agrees to cease all construction work in the area in which an unplugged gas or oil well or
storage tank is located and shall immediately report the existence of any such well or
storage tank to the Commissioner, the Department of Natural Resources and the Ministry
of the Environment, and any other regulating agency concerned with unplugged oil or gas
wells or storage tanks. The Owner agrees to carry out all the requirements of any
regulatory agency in the plugging of any oil or gas well or disposal of any storage tanks
and pay all associated costs accordingly.
Town of Petrolia Comprehensive Zoning By-law
61
7
RESIDENTIAL-3 (R3) ZONE
7.1
Permitted Uses
(a)
Triplex Dwelling; or
(b)
Townhouse Dwelling; or
(c)
Freehold Townhouse; or
(d)
Multiple Dwelling; or
(e)
Converted Dwelling.
(f)
Day Nursery;
(g)
Day Care Facility;
(h)
Boarding House;
(i)
Bed and Breakfast Establishment;
(j)
Group Home Type 1;
(k)
Home Occupation; and
(l)
Buildings, Structures and Uses accessory to a permitted use including a
Garage/Yard Sale.
7.2
Minimum Gross Floor Area
55 square metres per dwelling unit
7.3
Exception 1 to the Residential 3 (R3-1) Zone
Notwithstanding any provisions to the contrary, a minimum Lot Area of 2100 square
metres, a minimum Front Yard of 6.75 metres, a minimum Side Yard of 1.2 metres, a
minimum Rear Yard of 10 metres, a maximum of Lot Coverage of 40 percent, a minimum
Landscaped Open Space of 20 percent, a minimum Dwelling Unit Area of 42 square
metres, a maximum building height of 14.5 metres, and any other provisions pertaining to
the R3 Zone, shall apply to those lands described as Lots 7, 8 & 9 of Plan 48 plus Part of
Victoria Street and zoned R3-1. Lands within the R3-1 Zone shall permit the uses of the
R3 Zone.
7.4
Exception 2 to Residential 3 (R3-2) Zone
Nothwithstanding Table 'A' Site Regulations for R.3 Freehold Townhouse Dwelling, the
minimum front yard setback will be 6 metres.
Notwithstanding Table 'A' Site Regulations for a R.3 Freehold Townhouse Dwelling, a
maximum lot coverage of 45% is permitted on Lots 2, 5, 6, 9, 12, 15, 16, 19 and 20, Plan
25M-29, when each side of the freehold townhouse unit abuts another freehold townhouse
unit.
Town of Petrolia Comprehensive Zoning By-law
62
7.5
Exception 3 to Residential 3 (R3-3) Zone
Lands described as Part Lot 29, Plan 14 within the R3-3 Zone shall permit four (4)
Townhouse Dwellings, with each Townhouse Dwelling including four (4) dwelling units.
7.6
Exception 4 to Residential 3 (R3-4) Zone (B/L 32/2020)
Lands described as Part of Lot 12, Concession 10; Lots 10 and 11, Plan 44; Part 3,
RP25R5756; and Parts 1 to 3, RP25R7485 within the R3-4 Zone shall permit a 10 unit
one-storey Multiple Dwelling. Lands described as R3-4 Zone requires a minimum 3 metre
front yard setback, a minimum 1.2 metre side yard setback on one side, a minimum 20
metre side yard setback on the other side, and a minimum 6 metre rear yard setback.
7.7
Exception 5 to Residential 3 (R3-5) Zone (B/L 48/2020)
a)
Notwithstanding any provisions to the contrary, the following provisions, in addition
to any other provisions of the R3 Zone, shall apply to the lands zoned R3-5;
i)
Notwithstanding Section 4.10.4 of this By-law, Lands described as Lots 9, 10, 11,
12 and 13 of Registered Plan 74 and a closed portion of Valentina Street within the
R3-5 Zone shall permit 10 Townhouse Dwellings and a maximum of 50 dwelling
units;
ii)
Notwithstanding the Minimum Lot Frontage specified in Table "A" to this By-law, a
minimum lot frontage of 20 metres is required;
iii)
A Townhouse dwelling must be located at a minimum setback of 10.5 metres from
the west side lot line;
iv)
A Townhouse dwelling must be located at a minimum setback of 10.25 metres from
the east side lot line;
v)
A Townhouse dwelling adjacent to the south lot line must be located at a minimum
setback of 8 metres from the south lot line and at a minimum setback of 3 metres
from the west lot line;
vi)
A Townhouse dwelling adjacent to the north lot line must be located at a minimum
setback of 8 metres from the north lot line and at a minimum setback of 3 metres
from the west line;
vii)
Roofs over patios may project a maximum of 3.5 metres into any required setback;
viii)
Accessory buildings, structures or uses are to be located at least 10 metres from
any lot line;
ix)
Townhouse dwellings shall be a maximum of one-storey in height.
Town of Petrolia Comprehensive Zoning By-law
63
7.8
Exception 6 to Residential 3 (R3-6) Zone (B/L 36/2021)
a)
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands zoned R3-6;
i)
Notwithstanding any regulation set out in Table "A" to this By-law, an Existing
Building may be used for a maximum of 5 dwelling units.
ii)
Notwithstanding the Minimum Gross Floor Area specified in Section 7.2 to this By-
law, a Minimum Gross Floor area of 33 square meters is required for a dwelling
unit.
iii)
A minimum of 5 parking spaces shall be required.
Town of Petrolia Comprehensive Zoning By-law
64
8
RESIDENTIAL-4 (R4) Zone
8.1
Permitted Uses
(a)
Single-detached Dwelling
(b)
Day Nursery
(c)
Home Occupation
(d)
Group Home
(e)
Park
(f)
Buildings, structures and uses accessory to a permitted use including a
garage/yard sale
8.2
Site Regulations
(a)
Minimum Lot Area:
320 square metres
(b)
Minimum Lot Frontage:
9.75 metres
(c)
Minimum Front Yard:
6 metres
(d)
Minimum Exterior Side Yard:
6 metres
(e)
Minimum Interior Side Yard:
0.6 metres on one side and 1.2 metres on the
other side
(f)
Minimum Rear Yard:
7.5 metres
(g)
Maximum Lot Coverage:
40%
(h)
Minimum Open Space:
30 %
8.3
Building Regulations
(a)
Maximum Height :
10 metres for a principle building.
4.5 metres for an accessory building.
(b)
Minimum Gross Floor Area:
70 square metres for a single storey dwelling.
55 square metres on the ground floor for other
than a single storey building.
Town of Petrolia Comprehensive Zoning By-law
65
9
RESIDENTIAL-5 (R5) Zone
9.1
Permitted Uses
(a)
Townhouse
(b)
Single-detached Dwelling
(c)
Semi-detached Dwelling
(d)
Duplex
(e)
Converted Dwelling
(f)
Triplex Dwelling
(g)
Bed & Breakfast Establishment
(h)
Group Home
(i)
Day Nursery
(j)
Home Occupation
(k)
Buildings, structures and uses accessory to a permitted use including a
garage/yard sale
9.2
Site Regulations - Townhouse
(a)
Minimum Lot Area :
900 square metres for the first 4 dwelling units
and a further 100 square metres for each
additional unit
(b)
Minimum Lot Frontage:
5.7 metres
(c)
Minimum Front Yard:
7.5 metres
(d)
Minimum Exterior Side Yard:
7.5 metres
(e)
Minimum Interior Side Yard:
2.4 metres except where there is a common wall
(f)
Minimum Rear Yard:
6 metres
(g)
Maximum Lot Coverage:
40%
(h)
Minimum Open Space:
30%
9.3
Site Regulations - Triplex
(a)
Minimum Lot Area:
650 square metres
(b)
Minimum Lot Frontage:
20 metres
(c)
Minimum Front Yard:
6 metres
(d)
Minimum Exterior Side Yard:
6 metres
(e)
Minimum Interior Side Yard:
2.4 metres on one side and 5 metres on the
other
(f)
Minimum Rear Yard:
7.5 metres
(g)
Maximum Lot Coverage:
40%
(h)
Minimum Open Space:
30%
Town of Petrolia Comprehensive Zoning By-law
66
9.4
Site Regulations - Duplex
(a)
Minimum Lot Area:
550 square metres
(b)
Minimum Lot Frontage:
18 metres
(c)
Minimum Front Yard:
6 metres
(d)
Minimum Exterior Side Yard:
6 metres
(e)
Minimum Interior Side Yard:
2.4 metres on one side and 1.2 metres on
the other
(f)
Minimum Rear Yard:
7.5 metres
(g)
Maximum Lot Coverage:
40%
(h)
Minimum Open Space :
30%
9.5
Site Regulations - Semi-detached Dwelling
(a)
Minimum Lot Area:
275 square metres
(b)
Minimum Lot Frontage:
9 metres
(c)
Minimum Front Yard:
9 metres
(d)
Minimum Exterior Side Yard:
6 metres
(e)
Minimum Interior Side Yard:
0 metres for one side of a semi where there is a
common wall and 2.4 metres on the other side
unless there is an attached garage or carport,
the side yard shall be a minimum of 1.2 metres
(f)
Minimum Rear Yard:
7.5 metres
(g)
Maximum Lot Coverage:
40%
(h)
Minimum Open Space:
30%
9.6
Site Regulations - Single-detached Dwelling
(a)
Minimum Lot Area:
460 square metres
(b)
Minimum Lot Frontage:
15 metres
(c)
Minimum Front Yard:
6 metres
(d)
Minimum Exterior Side Yard:
6 metres
(e)
Minimum Interior Side Yard:
1.2 metres on one side and 2.4 metres on the
other side unless there is an attached garage or
carport, the side yard shall be a minimum of 1.2
metres
(f)
Minimum Rear Yard:
7.5 metres
(g)
Maximum Lot Coverage:
40%
(h)
Minimum Open Space:
30%
Town of Petrolia Comprehensive Zoning By-law
67
9.7
Building Regulations
(a)
Maximum Height:
10 metres
(b)
Minimum Gross Floor Area:
80 square metres for a single-storey dwelling
unit.
70 square metres on the ground floor for a
dwelling unit with more than one storey or a
duplex, except a triplex shall have a of 55
square metres on the ground floor.
55 square metres for each dwelling unit in a
converted dwelling or triplex.
Town of Petrolia Comprehensive Zoning By-law
68
10
INSTITUTIONAL (I) ZONE
10.1
Permitted Uses
(a)
Community Facility
(b)
School
(c)
Hospital
(d)
Assembly Hall
(e)
Auditorium
(f)
Home for the Aged
(g)
Nursing Home
(h)
Rest Home
(h)
Residential Care Facility
(i)
Special Needs Facility
(j)
Church
(k)
Cemetery
(l)
Institutional Use
(m)
Public Use
(n)
Buildings, structures and uses accessory to a permitted use.
10.2
Exception 1 to the Institutional Zone
Notwithstanding any provisions of this by-law to the contrary, a minimum Side Yard of 2.5
metres on one side and 3 metres on the other side, in addition to any other provisions
pertaining to the Institutional (I) Zone, shall apply to the lands described as Lot 7 of Plan
48 and zoned (I-1). Lands within the I-1 Zone shall permit the uses of the Institutional (I)
Zone.
10.3
Exception 2 to the Institutional Zone
Notwithstanding any provisions of this by-law to the contrary, a minimum Side Yard of 0.6
metres on one side and 12 metres on the other side, in addition to any other provisions
pertaining to the Institutional (I) Zone, shall apply to the lands described as Lots 1 & 2,
Block "K" of Plan 69 and zoned (I-2). Furthermore, no planting strip is required on lands
zoned (I-2). Lands within the I-2 Zone shall permit uses of the Institutional Zone.
10.4
Exception 3 to the Institutional Zone
Lands described as Part 1 of 25R-6074 within the I-2 Zone shall permit a rest home and/or
residential care facility in addition to the uses of the R2 Zone. Notwithstanding any
provisions of this by-law to the contrary, a minimum rear yard of 1.8 metres in addition to
the provisions of the R2 Zone shall apply to all principle uses on lands zoned I-3.
Town of Petrolia Comprehensive Zoning By-law
69
11
GENERAL COMMERCIAL (C1) ZONE
11.1
Permitted Uses
(a)
Art Gallery
Assembly Hall
Auditorium
Bake Shop
Bank
Beverage Room
Brewing-on-site Establishment
Church
Clinic
Convenience Store
Community Facility
Day Care Facility
Dry Cleaning Establishment
Funeral Home
Hotel
Institutional Use
Laundromat
Motel
Office
Parking Lot
Personal Service Shop
Place of Entertainment
Private Club
Public Recreational Use
Public Use, Non-Recreational
Recreation, Commercial
Recreation, Passive
Restaurant
Retail Store
Service and Repair Shop
Special Needs Facility
Tavern
(b)
Buildings, structures and uses accessory to a permitted use
(c)
Dwelling Unit located above or behind a permitted commercial use
(d)
Existing Dwellings
Town of Petrolia Comprehensive Zoning By-law
70
11.2
Minimum Dwelling Unit Area:
(a)
Bachelor - 40 square metres
(b)
One Bedroom - 45 square metres
(c)
Two Bedroom - 55 square metres
(d)
Three or more Bedrooms - 70 square metres
11.3
Existing Residential Dwellings
Notwithstanding any provisions of this by-law to the contrary, existing single-detached,
semi-detached or duplex dwellings shall be permitted to be altered or expanded in
accordance with the provisions of the R1 Zone. Accessory uses, structures or building
may be permitted to an existing dwelling in accordance with the general provisions of this
by-law.
11.4
Exception 1 to the General Commercial Zone
Lands described as Lots 12 & 13 and Part Lots 14 & 24 of Plan 6 within the C1-1 Zone
shall permit a Contractor's Yard in addition to the uses permitted in the C1 Zone. The
provisions and setbacks of the C1 Zone shall apply to the lands zoned C1-1.
11.5
Exception 2 to the General Commercial Zone
Lands described as Lots 1, 2, 3 & 4, Block D of Plan 22 within the C1-2 Zone shall permit
a motor vehicle washing establishment in addition to the uses permitted in the C1 Zone.
The provisions and setbacks of the C1 Zone shall apply to the lands zoned C1-2.
11.6
Exception 3 to the General Commercial Zone
Notwithstanding any provisions on Table "A" to the contrary, for those lands zoned C1-3,
the addition of a Vehicle Repair Establishment shall be added to the permitted uses in the
C1 Zone. The provisions and setbacks of the C1 Zone shall apply to the lands zoned C1-
3.
11.7
Exception 4 to the General Commercial Zone
Lands described as Part of Lot 1, Plan 6 within the C1-4 Zone shall permit a veterinary
establishment in addition to the uses permitted in the C1 Zone. The provisions and
setbacks of the C1 Zone shall apply to the lands zoned C1-4.
11.8
Exception 5 to the General Commercial Zone
Lands described as Part of Lot 11, Plan 23 and Lot 12, Plan 24 West Wingfield Street
within the C1-5 Zone shall permit a Triplex Dwelling in addition to the uses permitted in the
C1 Zone.
Town of Petrolia Comprehensive Zoning By-law
71
11.9
Exception 6 to the General Commercial Zone (B/L 24/19)
Lands described as Lots 10 to 14, Plan 22, Block A within the C1-6 Zone shall permit a
Micro-brewery in addition to the uses permitted in the C1 Zone.
Site Zone Regulations - C1-6 Zone
1)
Floor Area Restrictions
Brewing Area (maximum)
225 square metres
Restaurant/Taproom (minimum)
150 square metres
11.10 Exception 7 to the General Commercial Zone (B/L 11/20)
Lands described as Part of Lots 7 and 8, Plan 14 within the C1-7 Zone shall permit a
veterinary establishment in addition to the uses permitted in the C1 Zone. The provisions
and setbacks of the C1 Zone shall apply to the lands zoned C1-7.
Town of Petrolia Comprehensive Zoning By-law
72
12
HIGHWAY COMMERCIAL (C2) ZONE
12.1
Permitted Uses
(a)
Agricultural Supply Establishment
Auction Hall
Auditorium
Bank
Banquet Hall
Bingo Hall
Brewing-on-site Establishment
Bulk Fuel Establishment
Bulk Sales Establishment
Clinic
Commercial Storage
Convenience Store
Dry Cleaning Establishment
Farm Implement Sales Establishment
Flea Market
Garden Centre
Gasoline Retail Facility
Golf Driving Range or Tee
Laundromat
Landscaping Business
Lumber Yard
Service and Repair Shop
Miniature Golf
Motel
Motor Vehicle Repair Establishment
Motor Vehicle Sales Establishment
Motor Vehicle Service Establishment
Motor Vehicle Washing Establishment
Office
Parking Lot
Place of Entertainment
Private Club
Recreation, Commercial
Restaurant
Restaurant, Drive in
Retail Store
Service Trade
Veterinary Establishment
Wholesale Use
(b)
Buildings, structures and uses accessory to a permitted use.
(c)
Outdoor Display to a permitted use
Town of Petrolia Comprehensive Zoning By-law
73
(d)
Open Storage to a permitted use
(e)
Dwelling Unit accessory to a motel.
12.2
Exception 1 to the Highway Commercial Zone
Lands described as Parts 2 & 3 of 25R-3898 within the C2-1 Zone shall permit a Church in
addition to the uses permitted in the C2 Zone. The provisions and setbacks of the C2 Zone
shall apply to the lands zoned C2-1.
(Temporary Use B/L 55 of 2005)
a)
Permitted Use
i)
An annual moto-cross (motorcycle) race
b)
Regulations
i)
This By-law applies only to lands described as South Part of Lot 16, Concession
10, Town of Petrolia, and known as 540 Hwy 21 as shown on Schedule "A"
attached, which forms part of this By-law.
ii)
This use shall be permitted for a maximum of one (1) year from the date of passing
of this By-law, unless the period is extended by Council pursuant to Section 39(3)
of the Planning Act, R.S.O. 1990.
Town of Petrolia Comprehensive Zoning By-law
74
13
GENERAL INDUSTRIAL (M1) ZONE
13.1
Permitted Uses
(a)
Auction Hall
Agricultural Supply Establishment
Bulk Sales Establishment
Commercial Storage
Contractors Yard
Dry Cleaning Establishment
General Industrial Use
Grain Elevator
Light Industrial Use
Lumber Yard
Motor Vehicle Repair Establishment
Motor Vehicle Sales & Service Establishment
Research and Development Establishment
Service and Repair Shop
Service Trade
Parking Lot
Truck Transport Terminal
Warehouse
Wholesale Use
(b)
Buildings, structures and uses accessory to a permitted use.
(c)
Open Storage to a permitted use.
(d)
Outdoor Display to a permitted use.
(e)
A commercial use accessory to a permitted use.
13.2
Exception 1 to the General Industrial Zone
Lands described as Part Lots 28 & 29, E/S Centre of Plan 22 within the M1-1 Zone shall
permit an Abattoir in addition to the uses of the M1 Zone. The provisions of the M1 Zone
shall apply to lands zoned M1-1.
Town of Petrolia Comprehensive Zoning By-law
75
14
LIGHT INDUSTRIAL (M2) ZONE
14.1 Permitted Uses
(a)
Bakery
Commercial Storage
Contractors Yard and Shop
Light Industrial Use
Institutional Uses
Motor Vehicle Repair Shop
Motor Vehicle Sales & Service Establishment
Motor Vehicle Washing Establishment
Parking Lot
Research and Development Establishment
Service and Repair Shop
Service Trade
Truck Transport Terminal
Warehouse
(b)
Open Storage to a permitted use
(c)
Outdoor Display to a permitted use
(d)
A commercial use accessory to a permitted use
(e)
Buildings, structures and uses accessory to a permitted use.
14.2
Exception 1 to the Light Industrial Zone
Lands described as Lots 27 to 34 of Plan 22 within the M2-1 Zone shall permit one
Residential Dwelling Unit accessory to a permitted use, per lot, in addition to the uses of the
M2 Zone. The provisions of the M2 Zone shall apply to lands zoned M2-1. The minimum
floor area of the accessory dwelling unit shall be 42 square metres.
Town of Petrolia Comprehensive Zoning By-law
76
15
WASTE DISPOSAL INDUSTRIAL (M3) ZONE
(a) Waste Disposal Site
(b) Buildings, structures and uses accessory to a permitted use.
Town of Petrolia Comprehensive Zoning By-law
77
16
PETROLIA DISCOVERY (PD) ZONE
16.1
Permitted Uses
(a)
Active Recreation
Commercial Recreation
Passive Recreation
Assembly Hall
Auditorium
Community Centre
Open Storage
Public Park
Parking Area
Public Recreational Use
Restaurant
Retail Store
(b)
Buildings, structures and uses accessory to a permitted use.
Town of Petrolia Comprehensive Zoning By-law
78
17
ENVIRONMENTAL PROTECTION (EP) ZONE
17.1
Permitted Uses
Active Recreation
Agriculture, exclusive of buildings and structures
Conservation
Passive Recreation
17.2
Prohibited Uses
The erection of buildings or structures except:
1)
those required for flood and erosion control purposes;
2)
those required for the safety of persons living in or adjacent to the Environmental
Protection Zone.
Town of Petrolia Comprehensive Zoning By-law
79
18
OPEN SPACE (OS) ZONE
18.1 PERMITTED USES
(a)
Active Recreation
Community Facility
Fairgrounds
Forestry use
Golf Course
Golf Driving Range or Tee
Passive Recreation
Public Park
Private Park
(b)
Accessory buildings, structures and uses
Town of Petrolia Comprehensive Zoning By-law
80
19
FUTURE DEVELOPMENT (FD) ZONE
19.1
Permitted Uses
(a)
The purpose for which any land, building or structure was being used on the day of
passing of this by-law shall be a permitted use for such land, building or structure,
so long as said land, building and structure continues to be used for such purpose.
(b)
Agriculture, exclusive of buildings
(c)
Forestry
(d)
Home Occupation
(e)
Building, structures and uses accessory to a permitted use.
19.2
Site Regulations
(a)
The minimum lot area and frontage, the minimum front, side and rear yard depths,
maximum height, maximum gross floor area and the maximum lot coverage shall
remain as it lawfully existed on the effective date of this By-law.
(b)
The foregoing shall not apply to prevent the alteration or enlargement of dwellings
in compliance with the regulations of the R1 Zone or the erection or enlargement of
buildings or structures accessory thereto in compliance with the regulations of the
general provisions.
Town of Petrolia Comprehensive Zoning By-law
81
20
ADOPTION
This By-law read a first time on this 11th day of December 2017.
This By-law read a second time this 11th day of December 2017.
This By-law read a third time and finally passed this 11th day of December 2017.
SIGNED:
_______________________________________
John McCharles, Mayor
________________________________________
Mandi Pearson, Clerk
*************
I hereby certify that the foregoing is a true copy of By-law No. 63 of 2017 as enacted by the
Council of the Corporation of the Town of Petrolia on the 11th day of December, 2017.
Signed:
________________________________________
Mandi Pearson, Clerk
Town of Petrolia Comprehensive Zoning By-law
82
ZONING BY-LAW AMENDMENTS
Date
By-law No. Passed
Description
Status
42 of 2017
June 26, 2017
Horst Richter
Signed By-law
Pt Lts 33 & 35, Plan 14
Eureka Street
24 of 2019
April 8, 2019
1038605 Canada Ltd.
Signed By-law
395 Fletcher Street
C1 - C1.6
33 of 2019
May 13, 2019
Municipal
Signed By-law
284-292 Eureka Street
Remove "H"
11 of 2020
Feb. 10, 2020
2722042 Ontario Inc.
Signed By-law
4110 Petrolia Line
C1 to C1-7
31 of 2020
July 13, 2020
Chad Mitchell
Signed By-law
4467, 4469 & 4469A Derby Street
C1 to R3-4
32 of 2020
July 13, 2020
HLCS Ventures Inc.
Signed By-law
413 Albany Street
FD to R1 & R1-7
48 of 2020
November 9, 2020
Gold Leaf Properties Inc
Signed By-law
Lots 9-13, Pl 74, Valentina St
R1 to R3-5
9 of 2021
February 8, 2021
Spectra Construction Petrolia Inc.
Signed By-law
Block 17, Plan 25M-35, Edward Street
Remove Significant Woodlot zone
36 of 2021
July 12, 2021
LCDS
Signed By-law
432 Albany Street
C1 to R3-6