Zoning By-law 97 of 2003 (Consolidated November 2025)

Plympton–Wyoming, Ontario · adopted 2003-11-26

This is the exact embedded text of the captured official document. Snapshot e06a151007c8 · verified 2026-06-10 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

TOWN OF PLYMPTON-WYOMING ZONING BY-LAW 97 OF 2003 (passed by Council on November 26th, 2003) County of Lambton Planning Department Consolidation November 2025 SUMMARY OF AMENDMENTS B/L 33 of 2004 Brian & Carol Bahro Notice of Passing March 10, 2004 Pt Lot 15, Con 1 4490 Churchill Line CM to A2 B/L 42 of 2004 Tim Kember & Janet Cole Notice of Passing April 27, 2004 Pt Lot 10, Con 9 Pts 1-3, RP25R8529 3913 Egremont Road R.5 to R.5(2) B/L 70 of 2004 Robert & Donna Johnson Signed By-law July 28, 2004 Parts 1-3, RP25R8776 Broadway Street R1(H) to R1 B/L 90 of 2004 Town of Plympton-Wyoming Signed By-law October 27, 2004 To change zone provisions applying to Accessory Bldgs in the EP-L1 & EP-L4 Zones B/L 91 of 2004 Town of Plympton-Wyoming Signed By-law October 18, 2004 Lakeshore Area Setbacks EP-L1(2) to EP-L1 B/L 92 of 2004 Monika Deleersnyder Signed By-law October 27, 2004 Pt Lt 15, Con 4 Oil Heritage Road M4(1) to A1 B/L 94 of 2004 Cullen, Miller, Vigliotti Signed By-law October 27, 2004 Pt Lts 24, 25, 36 & 37, Front Con Lakeshore Road A2, EP-L4, H & WD to R6, R6(1), A2 EP-L4, H & WD B/L 109 of 2004 Norman & Solane DeMeyer Signed By-law December 22, 2004 3823 Egremont Road Pt Lts 8 & 9, Con 9 A1 to R5 & R5(H) B/L 110 of 2004 Mike & Janice Jamieson Signed By-law January 12, 2005 Lot 16, Con 14 4523 London Line A1 to C2 SUMMARY OF AMENDMENTS B/L 3 of 2005 Brett & Hollie Auger Signed By-law January 12, 2005 Part Lot 7, Con 9 3637 Egremont Road A2 to R5 B/L 9 of 2005 Roland & Wendy Middleton Signed By-law Lot 13, Con 4 A1 & A1(5) to M4, M4(2) & WD B/L 50 of 2005 Jim Robson Signed By-law 6672 Camlachie Road Part Lot 10, Con 9 Remove Holding Zone R5(h) to R5 B/L 2 of 2006 James Prudom Signed By-law 494 Niagara Street Part Lot 16, Con 2 Remove Holding Zone R1(h) to R1 B/L 60 of 2006 Scott Steven Signed By-law April 26, 2006 6291 Uttoxeter Road Pt Lot 24, Con 7 A1 to ND-A B/L 63 of 2006 Town of Plympton-Wyoming Signed By-law May 10, 2006 4572 Confederation Line Remove Holding Zone R1(h) to R1 B/L 79 of 2006 Ronnie Dagg/MK Ince & Assoc Signed By-law July 25, 2006 7159 Uttoxeter Road A1 to A1(T1) Temporary Use By-law Expires July 25, 2009 B/L 84 of 2006 Maria & John Krijnen Signed By-law Sept 13, 2006 5073 Douglas Line A1 to A1(T2) Temporary Use By-law Expires September 12, 2009 SUMMARY OF AMENDMENTS B/L 85 of 2006 Fisher/Murphy Signed By-law Sept 13, 2006 6722 Camlachie Road C1 to R5 B/L 109 of 2006 Gare, Hall & Marley Signed By-law December 20, 2006 Plan 29, Block B, Front Concession A2 to R5 B/L 11 of 2007 Randy Dayman Signed By-law January 31, 2007 3834 Lakeshore Road A2 to R5(3) B/L 19 of 2007 Town of Plympton-Wyoming Signed By-law March 14, 2007 New MDS Provisions B/L 27 of 2007 Suncor a/f Jeffrey Fisher Signed By-law 3968 Michigan Line A1 to A1(T3) B/L 33 of 2007 Cullen, Viglotti, Miller Signed By-law March 28, 2007 Pt Lots 34, 35, 36 & 37, Front Con Adjustment of A2, R6 & R6(1) Zones B/L 57 of 2007 Alan Jacklin a/f Jean Levasseur Signed By-law June 27, 2007 3925 Warehouse Street R5 to C1(5) B/L 74 of 2007 TCI Renewables a/f Mawacres & Redick Signed By-law August 15, 2007 3456 & 3474 Churchill Line A1 to A1(T4) B/L 91 of 2007 Kevin Murdock Signed By-law September 26, 2007 Pt Lot 16, Con 2 494 Plympton Street Remove (H) Holding Symbol B/L 104 of 2007 Town of Plympton-Wyoming Signed By-law November 28, 2007 Adding provisions for Wind Turbines B/L 106 of 2007 Holy Rosary Roman Catholic Church Signed By-law November 28, 2007 558 Huron Street I to R2(4)H B/L 109 of 2007 Carl Kongus Signed By-law December 12, 2007 Part Lot 18, Front Con Remove H Zone SUMMARY OF AMENDMENTS B/L 67 of 2008 Kris Hall Signed By-law June 23, 2008 7156 Bonnie Doone Road A2 & H to R5 & WD B/L 69 of 2008 Francis DeSena a/f 2168721 Ont Ltd Signed By-law Part Lot 18, Front Con A2 to R5(H) B/L 101 of 2008 1272164 Ont Inc (Kongus) Signed By-law September 10, 2008 Pts 1 & 2 of Part Lot 18, Front Con Remove H Zone B/L 112 of 2008 F. DeSena a/f 1528535 Ont Ltd Signed By-law October 29, 2008 Pt Lt 9, Con 9, Camlachie Road R5 to R5(4)(H) & R5(5) B/L 26 of 2009 Donna Robertson Signed By-law March 11, 2009 3622 Egremont Road R5(H) to R5(6) B/L 97 of 2009 Camlachie Grain and Feed Signed By-law December 7, 2009 c/o Graham McLean 3911 Warehouse Street C3 to C1 B/L 42 of 2010 Gary & Holly McBean Signed By-law March 31, 2010 3654 Egremont Road A2 to R5 & R5(H)2 B/L 107 of 2010 Municipal Wide Review Signed By-law October 13, 2010 B/L 33 of 2011 Keith & Norma Fisher Signed By-law April 13, 2011 Pt Lot 9, Con 5, Camlachie Road A1 to I2 B/L 47 of 2011 F. DeSena a/f 2168721 Ont Ltd Signed By-law June 29, 2011 Part Lot 18, Front Con, Fleming Road A2 to R5(H) B/L 57 of 2011 Rick Feldon Signed By-law July 12, 2011 All EP-L Zones - stairs B/L 67 of 2011 Don Hendrick & Jack Dupee Signed By-law August 29, 2011 578 Broadway Street R3(2) to C1 SUMMARY OF AMENDMENTS B/L 76 of 2011 Allan Developments (Bluepoint) Inc. Signed By-law October 24, 2011 Lot 38 & Pt Lt 39, Pl 28, Front Con R5(h) to R7 B/L 83 of 2011 Don Carter Signed By-law October 24, 2011 3567 Egremont Road R5(h) to R5 B/L 15 of 2012 Town of Plympton-Wyoming Signed By-law February 21, 2012 Wind Turbine Setbacks B/L 22 of 2012 Elite Homes Signed By-law March 26, 2012 6681 Camlachie Road Remove H Zone B/L 42 of 2012 Town of Plympton-Wyoming Signed By-law May 28, 2012 Second Dwelling Units B/L 46 of 2012 E & B Johnson (Sarnia) Ltd. Signed By-law May 28, 2012 5687 Oil Heritage Road A1, A2 & WD to A1, A2, WD & M4 B/L 85 of 2012 R & E Cornelis Signed By-law October 29, 2012 5066 & 5076 Aberarder Line A1 to A1(7) B/L 99 of 2012 BPS Ventures Ltd Signed By-law December 21, 2012 3707 & 3719 Queen Street A2 to R5 B/L 13 of 2013 Peter & Trudy Kerrigan Signed By-law February 19, 2013 Pt Lot 48, Front Con A2 to R5 B/L 19 of 2013 Alberta Berkers Signed By-law March 25, 2013 3681 Egremont Road A2 to R5 B/L 67 of 2013 Covenant Christian Church Signed By-law September 23, 2013 5783 Camlachie Road A1 to I2 OMB Order PL130262 Thunderstruck Trucking Inc. February 12, 2014 4067 London Line A1 to A1(9) SUMMARY OF AMENDMENTS B/L 17 of 2014 Onorio & Brenda Frezza Signed By-law 7096 Bonnie Doone Road A2 to R5 B/L 22 of 2014 Camlachie Presbyterian Church Signed By-law 6671 Camlachie Road I1 to R5 B/L 32 of 2014 Radcliff a/f Dobbin Signed By-law 490 Niagara Street R1(h) to R2(5)(h) B/L 49 of 2014 Radcliff a/f Dobbin Signed By-law Pt Lot 16, Con 2 (Erie St) R1(h) to R3(7)(h) B/L 72 of 2014 Brian Kenny Signed By-law 553 Main Street C1 to C1(6) 31 of 2014 Angela & Nicola Palumbo OMB Order 3914 Warehouse Street Add Permitted Use in C1(4) Zone 46 of 2015 1272164 Ontario Inc Signed By-law June 24, 2015 Pt Lot 18, Front Con, Victoria St R5(h) to R5 48 of 2015 Southwest Regional Credit Union Signed By-law July 27, 2015 559 Huron Street R2(4)(h) to R2(4) 13 of 2016 Dobbin, Atkinson & Ferguson Signed By-law March 29, 2016 4597, 4601, 4609 & 4613 Confederation Line Remove H Zone 34 of 2016 BPS Ventures Inc. Signed By-law May 30, 2016 3719 & 3771 Queen Street A2 to R5(h)(3) 45 of 2016 JN Ventures Ltd. Signed By-law July 25, 2016 5706 Lakeshore Road A2 to R5(h)(3) 74 of 2016 Barnard Financial, Guer Inc. Signed By-law October 24, 2016 439 Broadway Street (Part 1) R1(h) to R1 SUMMARY OF AMENDMENTS 75 of 2016 Barnard Financial, Guer Inc. Signed By-law October 24, 2016 443 Broadway Street (Part 2) R1(h) to R1 37 of 2017 Leon Raaymakers Construction Ltd Signed By-law June 26, 2017 677 & 679 Broadway Street C1(2) to C1(7) 9 of 2018 Golfvest Communities (Sawmill Creek Inc) Signed By-law March 26, 2018 3790 Lakeshore Road R4 to R4(1) 51 of 2018 Bluewater Developments Inc. Signed By-law July 29, 2019 Pt Lts 20 & 21, Front Con (Queen St) (Pts 1-5 25R-2277) & Lts 1-22, Pl 496 EPL(4), H & WD to EPL(5), R5(7) & R5(8) 70 of 2018 1970745 Ontario Limited Signed By-law July 11, 2018 Pt Lot 8, Con 10, Queen Street R5(h) to R5 86 of 2018 Fisher a/f Masonic Lodge Signed By-law November 26, 2018 3921 Egremont Road I to C1 88 of 2018 Patrick Belanger Signed By-law November 26, 2018 5507 Co-op Street A4 to C3(2) 23 of 2019 George & Julie Edwards Signed By-law March 25, 2019 4192 Egremont Road A1 to A1(10) 42 of 2019 1777747 Ontario Inc./Coulbeck Signed By-law May 27, 2019 4575 & 4577 London Line OS2(3) to C2 72 of 2019 Errol Woods Inc. Signed By-law August 29, 2019 Pt Lot 6, Con 9, Fleming Road R5(h) to R5 78 of 2019 Bluewater Developments Inc Signed By-law Sept. 23, 2019 Pt Lts 10&11, Plan 496 Site specific R5(8) SUMMARY OF AMENDMENTS 23 of 2020 Crescent Hill Acres Signed By-law July 27, 2020 5223 Douglas Line A1 to A1-10(h) 34 of 2020 2407028 Ontario Inc. (Radcliffe) Signed By-law April 8, 2020 Lots 1-46, Plan 25M-75 Remove the "H" symbol 63 of 2020 2407028 Ontario Inc. (Radcliffe) Signed By-law July 27, 2020 Lots 1-5, Plan 25M-10262 Remove the "H" symbol R25(h) to R25 83 of 2020 2407028 Ontario Inc. (Radcliffe) Signed By-law September 28, 2020 Lots 1-5, Plan 25M-10262 & Lots 24-26, Plan 25M-75 Lot frontage, lot area & lot coverage amendments to permit semi-detached dwellings 98 of 2020 Elio Comello Signed By-law November 23, 2020 3424 Egremont Road H to H(1) 21 of 2021 Town of Plympton-Wyoming Signed By-law March 29, 2021 "Bird Lanes" Limberlost Subdivision R5 to R5(9), added section 13.4.9 28 of 2021 Jonathon Needham Signed By-law 7858 Gordon Road R5 to R5T3 Temporary Use B/L - expires April 21, 2024 118 of 2021 Town of Plympton-Wyoming Signed By-law January 24, 2022 Alternative & Renewable Energy Policies 40 of 2022 Crescent Hill Acres Ltd Signed By-law March 28, 2022 5223 Douglas Line Remove the "H" symbol 42 of 2022 Longo Holdings Inc. Signed By-law March 28, 2022 Plympton CON Front Pt Lot 19 RP 25R9353 PT Part 1 Fleming Rd. Remove the "H" symbol 44 of 2022 Errol Woods Inc. Signed By-law March 28, 2022 Part of Lot 6; Conc 9; Pt Lot 18 Front Con All of Park Lts 20-22; Part of Park Lts 18, 19 & 23 Part of Unnamed Street; RPlan No. 3 (PY) Remove the "H" symbol 74 of 2022 2407028 Ontario Inc. Signed By-law May 30, 2022 Part Lt 16, CON 2; Plan 25M-89 Silver Springs Remove the "h" symbol 81 of 2022 JN Ventures Signed By-law June 27, 2022 8156-8168 Hillsboro Rd. Remove the "h" symbol 90 of 2022 Bluewater Developments Inc Signed By-law July 13, 2022 Part of Plan 25M81, Lts 1 to 6, Inclusive, and 13 to 18, inclusive, Queen Street. 124 of 2023 Thomas Kerrigan Signed By-law December 11, 2023 5955 South Plympton Rd WD to A1 125 of 2023 Edward A. Cooper Signed By-law December 11, 2023 CON FRONT LOT 17 PLAN 3 PART LOT 25 R5(H) to WD 4 of 2024 406 Farms Inc. Signed By-law January 29, 2024 4386 Confederation Line A2 to R1(H2) & R1(2) 5 of 2024 J.N. Ventures LTD Signed By-law January 29, 2024 3368 London Line A1 to (ND-A) 31 of 2024 Wilhelm Inc. Signed By-law March 25, 2024 575-593 Plympton St. Removal of the "H" symbol 37 of 2024 Terry Symington Signed By-law April 29, 2024 CON 9 E PT LOT 15 A1 to ND-A 22 of 2024 JN Ventures Limited Signed By-law 3096 Lakeshore Rd A2 to R1(H) 59 of 2024 3771 Queen Street Inc. Signed By-law 3771 Queen Street A2 to R5 60 of 2024 JN Ventures Ltd. Signed By-law 5706 Lakeshore Rd. A2 to R5 114 of 2024 Brendan Wouters Signed By-law 3981 Hyslop Line A1 to ND-A 115 of 2024 Huron is Home Inc. Signed By-law 3828 Egremont Rd R5 to C1 119 of 2024 JE Douglas Farms Inc. Signed By-law 4473 Aberarder Line A1 to the ND-A 124 of 2024 Korvemaker Acres Inc. Signed By-law 5182 London Line A1 to ND-A 138 of 2024 JN Ventures Limited Signed By-law 5706 Lakeshore Rd A2 to R1(3) 3 of 2025 Gold Leaf Properties Inc. Signed By-law Plympton CON 3 PT LT 14 R1(H2) to R3-8 (H) 9 of 2025 J.R Koetsier Signed By-law 5249 Egremont Rd A1 to ND-A 19 of 2025 1714603 Ontario Ltd. Signed By-law Plan 3 Lt 26 to Pt Lt 31 Plan 617 Lot 52 & PLY Con Frt Pt Lt 18 RP 25R11126 pt 1 R5(H) to R5, and R5(H) to WD 35 of 2025 Town of Plympton-Wyoming Signed By-law Short-Term Rentals 36 of 2025 JN Ventures Ltd. Signed By-law 3096 Lakeshore Rd A2 to R1(H) 55 of 2025 1000375130 Ontario Ltd Signed By-law 4356 Churchill Line A2 & WD to A2(1), ND-A (1) & WD 98 of 2025 Town of Plympton-Wyoming Signed By-law Town Wide Additional Residential Units i TABLE OF CONTENTS SECTION 1 - ADMINISTRATION, ENFORCEMENT & INTERPRETATION .............................................. 1 1.1 ADMINISTRATOR ........................................................................................................................ 1 1.2 TITLE ............................................................................................................................................ 1 1.3 APPLICATION .............................................................................................................................. 1 1.4 SCOPE ......................................................................................................................................... 1 1.5 REPEAL OF EXISTING BY-LAWS ............................................................................................... 1 1.6 VALIDITY / SEVERABILITY .......................................................................................................... 1 1.7 EFFECTIVE DATE ........................................................................................................................ 1 1.8 COMPLIANCE WITH OTHER RESTRICTIONS ........................................................................... 1 1.9 ENTRY AND INSPECTION OF PREMISES ................................................................................. 1 1.10 VIOLATIONS AND PENALTIES ................................................................................................... 2 1.11 RESTRAINING VIOLATIONS ....................................................................................................... 2 1.12 LICENSES AND PERMITS ........................................................................................................... 2 1.13 REQUESTS FOR AMENDMENTS AND FEES ............................................................................ 2 SECTION 2 - DEFINITIONS ........................................................................................................................ 3 SECTION 3 - GENERAL PROVISIONS ..................................................................................................... 29 3.1 USES PERMITTED IN ALL ZONES ............................................................................................ 29 3.1.1 Services and Utilities ......................................................................................................... 29 3.1.2 Utility Service Buildings and Non-Recreational Public Uses ............................................. 29 3.1.3 Public Recreational Uses ................................................................................................... 29 3.1.4 Construction Uses ............................................................................................................. 29 3.1.5 Transmission and Distribution Lines .................................................................................. 29 3.1.6 Petroleum Well and Petroleum Work................................................................................. 29 3.1.7 Wayside Pits and Portable Asphalt Plants ........................................................................ 29 3.1.8 Transmission Towers ......................................................................................................... 29 3.1.9 Wind Turbines & Meteorological Masts ............................................................................. 29 3.2 USES PROHIBITED IN ALL ZONES .......................................................................................... 30 3.3 ACCESSORY BUILDINGS, STRUCTURES OR USES .............................................................. 30 3.3.1 Accessory Buildings, Structures or Uses Permitted .......................................................... 30 3.3.2 Structures Permitted in all Yards ....................................................................................... 30 3.3.3 Accessory Buildings and Structures in Residential Zones ................................................ 31 3.3.4 Lot Coverage and Height of Accessory Buildings and Structures in Residential Zones ... 31 3.3.5 Accessory Buildings and Structures on Rural Residential Lots (B/L 107/2010) .............. 32 3.4 NON-CONFORMING USES ....................................................................................................... 32 3.5 NON-CONFORMING USES - RESTORATION .......................................................................... 33 3.6 NON-COMPLYING USES .......................................................................................................... 33 3.7 DWELLING UNITS...................................................................................................................... 34 3.7.1 Yard Provisions For Non-Residential Buildings ................................................................. 34 3.7.2 Cellar Location ................................................................................................................... 34 3.7.3 Basement Location ............................................................................................................ 34 3.8 ADDITIONAL RESIDENTIAL UNIT (ARU) (B/L 98/2025) ............................................................ 34 3.9 LOT DEVELOPMENT REQUIREMENTS ................................................................................... 35 3.9.1 Frontage on a Street .......................................................................................................... 36 3.9.2 More Than One Use on a Lot ............................................................................................ 36 3.9.3 More Than One Zone on a Lot .......................................................................................... 36 3.9.4 Number of Main Buildings on a Residential Lot ................................................................. 36 3.9.5 Existing Lots ....................................................................................................................... 36 3.10 HOME OCCUPATIONS .............................................................................................................. 37 3.10.1 All Home Occupations (B/L 107/2010) ............................................................................ 37 3.10.2 Rural Home Occupations (B/L 107/2010) ........................................................................ 39 3.10.3 Value Added Industries (B/L 107/2010) .......................................................................... 39 ii 3.11 GROUP HOMES ......................................................................................................................... 40 3.12 HUMAN OCCUPANCY OF TRUCK, BUS AND COACH BODIES OR TRAVEL TRAILERS, TRUCK CAMPERS, MOTOR HOMES OR TENTS ................................................................... 40 3.13 PERMITTED ENCROACHMENTS ............................................................................................. 40 3.13.1 Yard Encroachments Permitted ......................................................................................... 40 3.13.2 Where Minor Variance Granted ......................................................................................... 41 3.13.3 Building in Built-Up Areas .................................................................................................. 41 3.13.4 Yard Depth Non-Compliance ............................................................................................. 41 3.14 HEIGHT RESTRICTIONS ........................................................................................................... 41 3.15 OPEN STORAGE AND OUTDOOR DISPLAY REGULATIONS ................................................. 42 3.16 SPECIAL SETBACK PROVISIONS ............................................................................................ 42 3.16.1 Setbacks from Watercourses ............................................................................................. 42 3.16.2 Setbacks from Closed Drains, Sewers and Water Mains .................................................. 43 3.16.3 Setbacks from Sewage Treatment Facilities ..................................................................... 43 3.16.4 Sight Triangles ................................................................................................................... 43 3.16.5 Petroleum Works ............................................................................................................... 43 3.16.6 Setbacks from Wind Turbines & Meteorological Masts ..................................................... 44 3.18 PLANTING STRIPS .................................................................................................................... 44 3.18.1 Required Location .............................................................................................................. 44 3.18.2 Width .................................................................................................................................. 44 3.18.3 Height ................................................................................................................................. 44 3.18.4 Permitted Interruptions ...................................................................................................... 44 3.18.5 Landscaped Open Space .................................................................................................. 44 3.19 SIGNS & LIGHTING .................................................................................................................... 44 3.20 ENVIRONMENTALLY SENSITIVE AND HAZARDOUS LANDS ................................................ 45 3.20.1 Wetland Zone..................................................................................................................... 45 3.20.2 Environmentally Hazardous Lands .................................................................................... 45 3.20.3 Hazardous Slopes ............................................................................................................. 45 3.21 ACCESS ..................................................................................................................................... 45 3.22 SETBACKS FROM STREETS ON THROUGH LOTS ................................................................ 45 3.23 CONVERSION OF EXISTING DWELLINGS .............................................................................. 46 3.24 RAILWAYS ................................................................................................................................. 46 3.24.1 Residential Use Setbacks .................................................................................................. 46 3.24.2 Railway Crossings ............................................................................................................. 46 3.25 PARKING AREA REGULATIONS .............................................................................................. 46 3.25.1 Requirements..................................................................................................................... 46 3.25.2 Addition to Existing Use ..................................................................................................... 50 3.25.3 Change of Use ................................................................................................................... 50 3.25.4 More Than One Use On A Lot ........................................................................................... 50 3.25.5 Location ............................................................................................................................. 50 3.25.6 Yards Where Parking is Permitted..................................................................................... 50 3.25.7 Access To Parking ............................................................................................................. 50 3.25.8 Surface ............................................................................................................................... 51 3.25.9 Lighting .............................................................................................................................. 51 3.25.10 Movement Lanes For Motor Vehicle Washing Establishments ........................................ 51 3.25.11 Restrictions in Residential Zones ...................................................................................... 51 3.25.12 Modification by Council (B/L 107/2010) ......................................................................... 52 3.26 LOADING SPACE REGULATIONS ............................................................................................ 52 3.26.1 Spaces Required ............................................................................................................... 52 3.26.2 Addition To Existing Uses .................................................................................................. 52 3.26.3 Loading Spaces Maintenance ........................................................................................... 52 3.26.4 Loading Spaces as Parking Spaces .................................................................................. 52 3.26.5 Location ............................................................................................................................. 52 3.26.6 Access ............................................................................................................................... 53 3.26.7 Modification by Council (B/L 107/2010) ......................................................................... 53 iii 3.27 LOTS REDUCED BY PUBLIC ACQUISITION ............................................................................ 53 3.28 SPECIAL PROVISIONS FOR THE KEEPING OF LIVESTOCK (B/L 107/2010) ....................... 53 3.29 SPECIAL PROVISION FOR DEVELOPMENT SURROUNDING ACTIVE AND CLOSED WASTE DISPOSAL SITES .................................................................................................................. 53 3.30 SPECIAL PROVISIONS FOR SEASONAL HOUSING ............................................................... 53 3.31 ALTERNATIVE/RENEWABLE ENERGY SYSTEMS AND METEOROLOGICAL MASTS (B/L 118/21) ........................................................................... 54 3.31.1 Wind Turbines ................................................................................................................... 54 3.31.2 Meteorological Masts ......................................................................................................... 55 3.31.3 General .............................................................................................................................. 55 SECTION 4 - ZONES, ZONE SYMBOLS & ZONE MAPS ......................................................................... 57 4.1 ESTABLISHMENT OF ZONES ................................................................................................... 57 4.2 USE OF SYMBOLS ...................................................................................................................... 57 4.3 HOLDING (H) SYMBOL ............................................................................................................... 58 4.4 APPLICATION OF ZONES (B/L 107/2010) ............................................................................... 58 4.5 INCORPORATION OF ZONING MAP ......................................................................................... 58 4.6 INTERPRETATION OF ZONING MAP ........................................................................................ 58 4.7 TABLE A (B/L 107/2010) ............................................................................................................ 59 SECTION 5 - AGRICULTURAL 1 (A1) ZONE ........................................................................................... 60 5.1 PERMITTED USES..................................................................................................................... 60 5.2 MINIMUM DISTANCE SEPARATION (B/L 19 OF 2007) ............................................................. 60 5.3 AGRICULTURAL 1 (A1) SPECIAL PROVISIONS ...................................................................... 62 5.3 AGRICULTURAL 1 (A1) SPECIAL PROVISIONS ...................................................................... 62 5.4 AGRICULTURAL 1 (A1) ZONE EXCEPTIONS ........................................................................... 62 SECTION 5A - NO DWELLING AGRICULTURAL (ND-A) ZONE (B/L 60/2006) ................................ 65 5.A1 PROHIBITED USES ................................................................................................................... 65 5.A2 PERMITTED USES..................................................................................................................... 65 5.A3 NO-DWELLING AGRICULTURAL (ND-A) SPECIAL PROVISIONS .......................................... 65 SECTION 6 - AGRICULTURAL 2 (A2) ZONE ........................................................................................... 67 6.1 PERMITTED USES..................................................................................................................... 67 6.2 MINIMUM DISTANCE SEPARATION ......................................................................................... 67 6.3 AGRICULTURAL 2 (A2) SPECIAL PROVISIONS ...................................................................... 67 6.4 AGRICULTURAL 2 (A2) ZONE EXCEPTIONS ........................................................................... 68 SECTION 7 - AGRICULTURE 3 (A3) ZONE ............................................................................................. 69 7.1 PERMITTED USES..................................................................................................................... 69 7.2 HOLDING ZONES ...................................................................................................................... 69 7.3 AGRICULTURE 3 (A3) SPECIAL PROVISIONS ........................................................................ 69 7.4 AGRICULTURE 3 (A3) ZONE EXCEPTIONS ............................................................................. 69 SECTION 8 - AGRICULTURE 4 (A4) ZONE ............................................................................................. 70 8.1 PERMITTED USES..................................................................................................................... 70 8.2 MINIMUM DISTANCE SEPARATION ......................................................................................... 70 8.3 AGRICULTURE 4 (A4) SPECIAL PROVISIONS ........................................................................ 70 8.4 AGRICULTURE 4 (A4) ZONE EXCEPTIONS ............................................................................. 70 SECTION 9 - RESIDENTIAL 1 (R1) ZONE ................................................................................................ 71 9.1 PERMITTED USES..................................................................................................................... 71 9.2 HOLDING ZONES ...................................................................................................................... 71 9.3 RESIDENTIAL 1 (R1) SPECIAL PROVISIONS .......................................................................... 72 9.4 RESIDENTIAL 1 (R1) ZONE EXCEPTIONS ............................................................................... 72 iv SECTION 10 - RESIDENTIAL 2 (R2) ZONE .............................................................................................. 74 10.1 PERMITTED USES..................................................................................................................... 74 10.2 HOLDING ZONES ...................................................................................................................... 74 10.3 RESIDENTIAL 2 (R2) ZONE EXCEPTIONS ............................................................................... 74 SECTION 11 - RESIDENTIAL 3 (R3) ZONE .............................................................................................. 77 11.1 PERMITTED USES..................................................................................................................... 77 11.2 HOLDING ZONES ...................................................................................................................... 77 11.3 RESIDENTIAL 3 (R3) ZONE EXCEPTIONS ............................................................................... 77 SECTION 12 - RESIDENTIAL 4 (R4) ZONE ............................................................................................. 80 12.1 PERMITTED USES..................................................................................................................... 80 12.2 RESIDENTIAL 4 (R4) SPECIAL PROVISIONS .......................................................................... 80 12.3 RESIDENTIAL 4 (R4) ZONE EXCEPTIONS ............................................................................... 80 SECTION 13 - RESIDENTIAL 5 (R5) ZONE .............................................................................................. 82 SECTION 13 - RESIDENTIAL 5 (R5) ZONE .............................................................................................. 82 13.1 PERMITTED USES..................................................................................................................... 82 13.2 HOLDING ZONES ...................................................................................................................... 82 13.3 RESIDENTIAL 5 (R5) SPECIAL PROVISIONS .......................................................................... 83 13.4 RESIDENTIAL 5 (R5) ZONE EXCEPTIONS ............................................................................... 83 13.5 RESIDENTIAL 5 (R5)(T3) ZONE EXCEPTIONS ........................................................................... SECTION 13A - RESIDENTIAL 6 (R6) ZONE (B/L 33/07) ...................................................................... 89 13A.1 PERMITTED USES..................................................................................................................... 89 13A.2 ZONE REGULATIONS ............................................................................................................... 89 SECTION 14 - CENTRAL COMMERCIAL 1 (C1) ZONE ........................................................................... 93 14.1 PERMITTED USES..................................................................................................................... 93 14.2 REGULATIONS FOR ACCESSORY APARTMENT DWELLINGS ............................................. 94 14.3 HOLDING ZONES ...................................................................................................................... 94 14.4 CENTRAL COMMERCIAL 1 (C1) ZONE EXCEPTIONS ............................................................ 94 SECTION 15 - HIGHWAY COMMERCIAL 2 (C2) ZONE .......................................................................... 97 15.1 PERMITTED USES..................................................................................................................... 97 15.2 REGULATIONS FOR MOTOR VEHICLE SERVICE ESTABLISHMENTS ................................. 98 15.3 HOLDING ZONES ...................................................................................................................... 98 15.4 HIGHWAY COMMERCIAL 2 (C2) ZONE EXCEPTIONS ............................................................ 98 15.5 SPECIAL PROVISIONS (B/L 110/04) ......................................................................................... 99 SECTION 16 - RURAL COMMERCIAL 3 (C3) ZONE ............................................................................. 100 16.1 PERMITTED USES................................................................................................................... 100 16.2 HOLDING ZONES .................................................................................................................... 100 16.3 RURAL COMMERCIAL 3 (C3) SPECIAL PROVISIONS .......................................................... 100 16.4 RURAL COMMERCIAL 3 (C3) ZONE EXCEPTIONS ............................................................... 100 SECTION 17 - SERVICE CENTRE COMMERCIAL 4 (C4) ZONE .......................................................... 102 17.1 PERMITTED USES................................................................................................................... 102 17.2 HOLDING ZONES .................................................................................................................... 102 17.3 SERVICE CENTRE COMMERCIAL 4 (C4) ZONE EXCEPTIONS ........................................... 102 v SECTION 18 - MIXED COMMERCIAL INDUSTRIAL (CM) ZONE ......................................................... 103 18.1 PERMITTED USES................................................................................................................... 103 18.2 MIXED COMMERCIAL INDUSTRIAL (CM) SPECIAL PROVISIONS ....................................... 103 18.3 HOLDING ZONES .................................................................................................................... 104 18.4 MIXED COMMERCIAL INDUSTRIAL (CM) ZONE EXCEPTIONS ........................................... 104 SECTION 19 - INDUSTRIAL 1 (M1) ZONE .............................................................................................. 105 19.1 PERMITTED USES................................................................................................................... 105 19.2 GENERAL INDUSTRIAL 1 (M1) SPECIAL PROVISIONS ........................................................ 105 19.3 HOLDING ZONES .................................................................................................................... 105 19.4 INDUSTRIAL 1 (M1) ZONE EXCEPTIONS .............................................................................. 105 SECTION 20 - LIGHT INDUSTRIAL 2 (M2) ZONE .................................................................................. 107 20.1 PERMITTED USES................................................................................................................... 107 20.2 LIGHT INDUSTRIAL 2 (M2) SPECIAL PROVISIONS ............................................................... 107 20.3 HOLDING ZONES .................................................................................................................... 107 20.4 LIGHT INDUSTRIAL 2 (M2) ZONE EXCEPTIONS ................................................................... 107 SECTION 21 - EXTRACTIVE INDUSTRIAL 4 (M4) ZONE ...................................................................... 108 21.1 PERMITTED USES................................................................................................................... 108 21.2 HOLDING ZONES .................................................................................................................... 108 21.3 EXTRACTIVE INDUSTRIAL 4 (M4) SPECIAL PROVISIONS .................................................. 108 21.4 EXTRACTIVE INDUSTRIAL 4 (M4) ZONE EXCEPTIONS ....................................................... 108 SECTION 22 - INSTITUTIONAL 1 (I1) ZONE (B/L 107/2010) ................................................................ 109 22.1 PERMITTED USES................................................................................................................... 109 22.2 HOLDING ZONES .................................................................................................................... 109 22.3 INSTITUTIONAL 1 (I1) ZONE EXCEPTIONS ........................................................................... 109 SECTION 22A - INSTITUTIONAL 2 (I2) ZONE (B/L 107/2010) ............................................................. 109 22A.1 PERMITTED USES................................................................................................................... 109 22A.2 HOLDING ZONES .................................................................................................................... 109 22A.3 INSTITUTIONAL 2 (I2) ZONE EXCEPTIONS ........................................................................... 109 SECTION 23 - MOBILE HOME PARK/CAMPGROUND (MHP/CG) ZONE ........................................... 110 23.1 PERMITTED USES................................................................................................................... 110 23.2 HOLDING ZONES .................................................................................................................... 110 23.3 MOBILE HOME PARK/CAMPGROUND (MHP/CG) SPECIAL PROVISIONS ......................... 110 23.4 MOBILE HOME PARK/CAMPGROUND (MHP/CG) ZONE EXCEPTIONS .............................. 111 SECTION 24 - OPEN SPACE 1 (OS1) ZONE REGULATIONS .............................................................. 112 24.1 PERMITTED USES................................................................................................................... 112 24.2 OPEN SPACE 1 (OS1) ZONE EXCEPTIONS .......................................................................... 112 SECTION 25- OPEN SPACE 2 (OS2) ZONE REGULATIONS ............................................................... 113 25.1 PERMITTED USES................................................................................................................... 113 25.2 OPEN SPACE 2 (OS2) SPECIAL PROVISIONS ...................................................................... 113 25.3 OPEN SPACE 2 (OS2) ZONE EXCEPTIONS .......................................................................... 113 SECTION 26- OPEN SPACE 3 (OS3) ZONE REGULATIONS ............................................................... 115 26.1 PERMITTED USES................................................................................................................... 115 26.2 OPEN SPACE 3 (OS3) ZONE EXCEPTIONS .......................................................................... 115 vi SECTION 27 - WETLAND (WET) ZONE ................................................................................................. 116 27.1 PERMITTED USES................................................................................................................... 116 27.2 WETLAND (WET) ZONE EXCEPTIONS .................................................................................. 116 SECTION 28 - WOODLOT (WD) ZONE ................................................................................................... 117 28.1 PERMITTED USES................................................................................................................... 117 28.2 WOODLOT (WD) ZONE SPECIAL PROVISIONS .................................................................... 117 28.3 WOODLOT (WD) ZONE EXCEPTIONS ................................................................................... 117 SECTION 29 - HAZARD (H) ZONE .......................................................................................................... 118 29.1 PERMITTED USES................................................................................................................... 118 29.2 HAZARD (H) ZONE EXCEPTIONS .......................................................................................... 118 SECTION 30 - ENVIRONMENTAL PROTECTION - LAKESHORE (EP-L) ZONES .............................. 119 30.1 PERMITTED USES................................................................................................................... 119 30.2 SPECIAL DEFINITIONS ........................................................................................................... 119 30.3 GENERAL ................................................................................................................................. 121 30.4 DWELLINGS ............................................................................................................................. 121 30.5 ACCESSORY STRUCTURES .................................................................................................. 123 30.6 ENVIRONMENTAL PROTECTION - LAKESHORE (EP-L) ZONE EXCEPTIONS .................. 124 SECTION 31 - SIGNIFICANT NATURAL AREA (SNA) ZONE ............................................................... 127 31.1 PERMITTED USES................................................................................................................... 127 31.2 SIGNIFICANT NATURAL AREA (SNA) ZONE SPECIAL PROVISIONS .................................. 127 31.3 SIGNIFICANT NATURAL AREA (SNA) ZONE EXCEPTIONS ................................................. 127 APPENDIX "A" - MINIMUM DISTANCE SEPARATION (B/L 19/2007) ................................................. 128 APPENDIX "C" - PARKING AREA MINIMUM STANDARDS ................................................................ 136 1 TOWNSHIP OF PLYMPTON-WYOMING ZONING BY-LAW 97 OF 2003 WHEREAS Section 34 of the Planning Act, R.S.O. 1990, Chap. P. 13 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 Plympton-Wyoming as follows: SECTION 1 - ADMINISTRATION, ENFORCEMENT & INTERPRETATION 1.1 ADMINISTRATOR This By-law shall be administered by the Person designated by the Council of the Town of Plympton-Wyoming as "Zoning Administrator". 1.2 TITLE This By-law shall be known as the Zoning By-law of the Corporation of the Town of Plympton- Wyoming 1.3 APPLICATION The provisions of this By-law shall apply to all lands within the boundaries of the Corporation of the Town of Plympton-Wyoming. 1.4 SCOPE No lands shall be used and no Buildings or Structures shall be Erected, Altered, enlarged or used within the Town of Plympton-Wyoming except in conformity with the provisions of this By- law. 1.5 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, R.S.O. 1990, Chap. P. 13, as amended, or a predecessor thereof, shall be deemed to have been repealed. 1.6 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. 1.7 EFFECTIVE DATE This By-law shall be deemed to be valid and to have come into force on the day of passing hereof. 1.8 COMPLIANCE WITH OTHER RESTRICTIONS This By-law shall not reduce any restrictions lawfully imposed by a governmental authority having jurisdiction to make such restrictions. Where an act or statute of Provincial or Federal Parliament is referenced in whole or in part in this By-law, it shall include the current act or statute, all amendments and successors. 1.9 ENTRY AND INSPECTION OF PREMISES Pursuant to Section 49 of the Planning Act, R.S.O. 1990, Chap. P. 13, as amended, a By-law Enforcement Officer, building inspector or any Person acting under his or her instructions may, at all reasonable times and upon producing proper identification, enter and inspect any property on or in respect of which he or she believes the contravention of this By-law is occurring. 2 A By-Law Enforcement Officer, building inspector or any Person acting under his or her 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. 1.10 VIOLATIONS AND PENALTIES Pursuant to Section 67 of the Planning Act, R.S.O. 1990, Chap. P. 13 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 the Person 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. 1.11 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 Plympton-Wyoming pursuant to the provisions of Section 327 of the Municipal Act 1990, Chap. M. 45, as amended. 1.12 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. 1.13 REQUESTS FOR AMENDMENTS AND FEES Applications for minor variances from the provisions of this By-law may be made to the Municipality to be heard by a Committee of Adjustment pursuant to Section 45 (1) of the Planning Act, R.S.O. 1990. Applications for permission to extend or enlarge a legal Non-Conforming Use may be made to the Municipality to be heard by a Committee of Adjustment pursuant to Section 45 (2) of the Planning Act, R.S.O. 1990. Applications for amendments to this By-law may be made to the Municipality to be heard by Council pursuant to Section 34 (10) of the Planning Act, R.S.O. 1990. A fee as prescribed by the Corporation's By-law, which sets a tariff of fees, shall accompany every application requesting an amendment or minor variance to this By-law. Any Person may appeal to the Ontario Municipal Board against a decision of either the Committee of Adjustment or Council by filing with the secretary-treasurer of the Committee of Adjustment or the Zoning Administrator of the Municipality a notice of appeal setting out the objection to the decision and the reasons in support of the objection accompanied by the prescribed fee pursuant to Section 34 (19) or 45 (12) of the Planning Act, R.S.O. 1990. 3 SECTION 2 - DEFINITIONS Note: The words, which are capitalized within the text of the definitions and throughout this document, are also defined. GENERAL For the purposes of this By-law, the definitions and interpretations given in this section shall govern. In this By-law the word "shall" is mandatory. Words in the singular include the plural. Words in the plural include the single number. Words used in the present tense include the future. "ABATTOIR" means a Building, Structure, or Lot or part thereof used for the slaughter of Livestock or other animals for the purpose of processing or rendering. "ACCESSORY" when used to describe a Use, Building or Structure means a Use, Building or Structure subordinate, incidental and secondary to the main Use, Building or Structure located on the same Lot therewith. "ADULT ENTERTAINMENT PARLOUR" means any premises or part thereof in which is provided, in pursuit of a trade, calling, business or occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations. "AGGREGATE STORAGE AREA" means the Use of land for the Open Storage of aggregates for sale or Use. "AGRICULTURE" means the Use of land, for gain or profit, for the growing of crops, including Nursery and horticultural crops; raising of Livestock and other animals for food, or fur, including poultry and fish; aquaculture; agro-forestry; maple syrup production; apiary; and associated on- farm Buildings and Structures. This definition shall include a Farm Produce Outlet. "AGRICULTURAL" shall have a corresponding meaning. "AGRICULTURAL IMPLEMENT SALES ESTABLISHMENT" means land, Structure or Building used for the Outdoor Display and sales of new and/or second hand 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. "AGRICULTURAL PROCESSING ESTABLISHMENT" means the Use of land, Buildings and/or Structures for the processing and storage of Agricultural produce, such as a feed and grain mill. "AGRICULTURAL SERVICE ESTABLISHMENT" means an Establishment other than a Motor Vehicle Use, that provides a non-personal service or craft which supports the Agricultural industry, including but not necessarily restricted to, farm drainage and excavation, well drilling, contracting and trades related to farm Buildings, Structures and/or equipment, custom spray, tillage, planting and harvesting services including seed cleaning and grain drying or other goods and services used in Agriculture. "AGRICULTURAL SUPPLY ESTABLISHMENT" means the Use of land, Building and/or Structure for purposes including but not necessarily restricted to, the sale and/or storage of seeds, fertilizers, and farm equipment. Goods or materials must be used in Agriculture. "AISLE" means the area used 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, Structure or part thereof, means to change any one or more of the internal or external dimensions of such Building or Structure or to change the type of construction of the exterior walls or roof thereof. When used in reference to a Lot, the word "Alter" means to change the area, frontage or depth thereof; to change the width, depth or area of any Required Yard, Landscaped Open Space or Parking Area; or to change the location of any boundary of such Lot with respect to a Street or Lane whether such 4 Alteration is made by conveyance of any portion of such Lot, or otherwise. "ALTERED" and "ALTERATION" shall have corresponding meanings. "AMUSEMENT GAMES ESTABLISHMENT" means a Building or part thereof where five (5) or more pinball machines, video games, or other similar player-operated amusement devices other than a jukebox are maintained for profit, but shall not include premises licensed to sell alcohol, a seasonal fair or any Use specifically defined in this By-law. "ANIMAL HOSPITAL" means a Building and land where animals are treated by a veterinarian and may include the following facilities: a reception area; an examination room/treatment area; a pharmacy; a Laboratory; a library; radiology equipment; supplies for the administering of anesthesia; surgical preparation area; operating room; and provisions for the confinement and long term treatment of animals. An Animal Hospital may include facilities for the performance of autopsy. "ANTENNA" means the Use of land, Buildings or Structures for the purpose of sending or receiving electromagnetic waves. An Antenna is Accessory to a Permitted Use and shall include Antennae used exclusively for dispatch communications by the Corporation or the County, any local board of either the Corporation or the County, a Conservation Authority established by the Government of Ontario, or any Ministry or Commission of the Government of Ontario or Canada. "APPROVED" means Approved by an appropriate authoritative body as required under the Act or Statute that legislates such establishment or development requiring approval. "ART GALLERY" means a Building or part thereof where works of art such as paintings, sculpture, pottery, glass and weaving are displayed for public viewing and may include 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 bulk materials used in the production process or a finished product manufactured on the premises and the Open 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" means a Building or part of a Building used for the assembly of Persons for religious, civic, charitable, philanthropic, cultural, private recreational or private educational purposes. "ATTACHED" means 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 or Buildings. (B/L 107/2010) "ATTIC" means 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" means 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" means 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. "BAKERY" means a Building for producing, mixing, compounding or baking bread, biscuits, cakes or other baked products. "BAKE SHOP" means a Retail Store where Bakery goods are offered for sale, some or all of which may be prepared on the premises. 5 "BALCONY" means a platform projecting from a Building enclosed by a railing or other barrier. "BANK" means any Federally or Provincially chartered financial institution or business. This definition includes a Credit Union or Caisse Populaire. "BASEMENT" means that portion of a Building between two floor levels which is partly below Finished Grade level but which has less than seventy percent (70%) of its Height (measured from finished floor to finished ceiling) below adjacent Finished Grade level. "BED AND BREAKFAST ESTABLISHMENT" means a Home Occupation within a Single Detached Dwelling in which no more than three (3) Guest Rooms are made available by a resident of the said Dwelling for temporary accommodation of travelers. Meals or food are served only to overnight guests. The definition does not include a Hotel, Motel, Boarding House or Restaurant. "BINGO HALL" means a Building used for the assembly of Persons for the playing of bingo. This Use shall not include any other recreational Use as defined in this By-law. "BIO-DIGESTER" means a device or structure in which the digestion of organic waste matter by bacteria takes place with the production of a burnable Biogas and a nutrient-rich slurry. (B/ 118/21) "BIOGAS" means a mixture of methane and carbon dioxide produced by the bacterial decomposition of organic wastes and used as a fuel. (B/L 118/21) "BOARDING HOUSE" see "DWELLING". "BOAT HOUSE" shall mean a Building or Structure Erected over or adjacent to a navigable Watercourse and intended for Use to house, shelter or protect a boat or other water transportation. When Erected in association with a Dwelling Unit a Boat House shall be deemed to be an Accessory Building. "BREEZEWAY" means a roofed, open or enclosed passage connecting two (2) or more Buildings. "BREWING ON PREMISES ESTABLISHMENT" means a commercial establishment where individuals produce beer, wine and/or cider, for personal consumption off the premises; and where beer, wine and/or cider ingredients and materials are purchased. Equipment and storage area is used for a fee by the same individuals. "BUILDING" means a 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. This definition may include a roof supported by columns or walls. "BUILDING ENVELOPE" means the portion of a Lot remaining after Required Front, Rear and Side Yards have been provided. "BUILDING HEIGHT" means the vertical distance between the ground floor and the highest point of the Building proper, exclusive of any Accessory roof Structures such as an Antenna, chimney, steeple or tower. "BUILDING, MAIN" means the Building or Buildings designed and/or intended to accommodate the principal Use Permitted by this By-law. "BUILDING OR CONTRACTING ESTABLISHMENT" means a premises used for the purposes of undertaking or managing activities engaged in maintaining and building new Structures, or works, additions or Renovations and typically includes the Offices of general building contractors, specialized trades and Building maintenance services such as window cleaning and extermination services and may include a showroom and/or Outdoor Display area open to the general public. Also included is the prefabrication of building equipment and 6 materials and wrecking and demolition contractors' Offices, but does not include Salvage Yards. "BUILDING SUPPLY ESTABLISHMENT" means a Building or Structure in which building or construction and home improvement materials are offered or kept for retail sale and may include the fabrication of certain materials related to home improvement. "BULK FUEL DEPOT" means the Use of land, Buildings or Structures for the purpose of storing fuels for distribution. "BULK SALES ESTABLISHMENT" means the Use of land, Buildings or Structures for the purpose of buying and selling and the Open Storage of lumber, wood, building materials, feed, fertilizer, and allied commodities, but does not include manufacturing or processing. "BUSINESS SERVICE ESTABLISHMENT" means an establishment primarily engaged in providing services to business establishments on a fee or contract basis, including advertising and mailing, building maintenance, employment services, protective services, and small equipment rental, leasing and repair. "BY-LAW ENFORCEMENT OFFICER" means an officer or employee of the Municipality or County for the time being charged with the duty of enforcing the provisions of this By-law, and shall include the building inspector. "CAMP SITE" means a parcel of land within a Campground occupied by or intended for the parking of Travel Trailers, Park Model Homes, tent-trailers, tents or similar transportable accommodation other than Mobile Homes together with all Required Yards and Open Space. "CAMPGROUND" means land used for the parking and/or erection of Travel Trailers, tent- trailers, tents or similar transportable accommodation excluding Mobile Homes as defined in this By-law. "CANOPY" means a roof free of enclosing walls, and shall include a Canopy over a Gasoline Pump Island. "CANTILEVER" means a projecting architectural feature including a beam or Structure supported at only one end, but shall not include any portion of an upper storey overhanging a lower storey beyond the extent of the foundation. "CARPORT" means an Accessory covered Structure used for the storage of passenger Motor Vehicles wherein neither servicing for profit is conducted nor storage of commercial vehicles in excess of 2,270 kilograms gross weight occurs. The roof of said Structure shall be supported only by piers or columns so that a portion of its wall area is unenclosed. "CELLAR" means that portion of a Building between two floor levels which has more than seventy percent (70%) of its Height (measured from finished floor to finished ceiling) below adjacent Finished Grade level. "CEMETERY" means land that is set apart or used as a place for the interment of the deceased or in which human bodies have been buried and may include a crematorium, mausoleum and a columbarium. "CHURCH" means a Building used by a religious organization for public worship, and may include a rectory or manse, church hall, Day Nursery or religious School associated with or Accessory thereto. "CLINIC" means a Building or part thereof, used exclusively by physicians, dentists, drugless practitioners, their staff and their patients for the purpose of consultation, diagnosis and office treatment. Without limiting the generality of the foregoing, a Clinic may include administrative Offices, waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly associated with the Clinic, but shall not include accommodation for in-patient care or operating rooms. 7 "CLUSTER HOUSING" see "DWELLING". "COMMERCIAL GARAGE" means an establishment or premises where Commercial Motor Vehicles are stored indoors or in Open Storage or where Motor Vehicles are repaired or maintained. "COMMERCIAL GREENHOUSE" means a Building or Structure used for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same Lot containing such Building or Structure, but are sold directly from such Lot at wholesale or retail and may include an Outdoor Display area. "COMMERCIAL RECREATION ESTABLISHMENT" means a Building, or part thereof, used for the purpose of an arena, Auditorium, Assembly Hall, billiard or pool room, Bingo Hall, gym or fitness centre, ice or roller rink, indoor swimming pool, and all places of amusement, but not including an Amusement Games Establishment, cinema or other Theatre, drive-in theatre or amusement park. "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. "COMMERCIAL USE" means the Use of land, Buildings or Structures for the purpose of buying, renting or selling commodities and supplying services, but does not include an Industrial Use or any other commercial Use otherwise defined or classified in this By-law. "COMMUNITY CENTRE" means land, Buildings or Structures used for community activities, including Recreation and Institutional Uses. "CONSERVATION" means the Use of land and/or water for the purpose of planned management of natural resources, including woodlot management, and for the preservation and enhancement of the natural environment. "CONVENIENCE STORE" means a Retail Store supplying groceries and other daily household necessities to an immediate surrounding residential area, and may include the rental of videos, the heating of pre-packaged food, an automated banking machine and/or Depots for such items as film, laundry or Dry Cleaning. "CONVERTED DWELLING" see "DWELLING". "CORPORATION" means the Corporation of the Town of Plympton-Wyoming. "COUNCIL" means the Council of the Corporation of the Town of Plympton-Wyoming. "COUNTY" means the Corporation of the County of Lambton. "COURT" means an open, unoccupied space adjoining a Building, such space being bounded on two (2) or more sides by walls of the said Building. "CRUSHING PLANT" means an industrial establishment where aggregate is processed through a crushing and sorting operation into various grades of gravel. "DANGEROUS GOODS" means 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. "DATA PROCESSING ESTABLISHMENT" means a Building, or part thereof, used for input, processing and printing of computerized data. "DAY NURSERY" means a premises that receives more than five (5) children who are not of common parentage, primarily for the purpose of providing temporary care and/or guidance, for a continuous period not exceeding twenty-four (24) hours, where the children are under eighteen (18) years of age in the case of a Day Nursery for children with a developmental handicap and under ten (10) years of age in all other cases. A Day Nursery does not include any part of a School. 8 "DECK (UNENCLOSED)" means a Structure without a 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 (Unenclosed) is subject to the provisions of Section 3.3.4 of this By-law. "DERELICT MOTOR VEHICLE" means a Motor Vehicle or any other vehicle propelled or driven otherwise than by muscular power that is inoperative and has no market value as a means of transportation or has a market value as a means of transportation that is less than the costs of repairs to put it into operative condition. "DETACHED" means not Attached, as defined herein. (B/L 107/2010) "DRY CLEANING DEPOT" means a Building, or part thereof for the purpose of receiving articles or goods of fabric to be subjected, off the premises, to a process of dry cleaning or dyeing. Such establishment may also be used for pressing and/or distributing any article or good of fabric received at such an outlet. "DRY CLEANING ESTABLISHMENT" means a Building, or part thereof, where dry cleaning, dye drying, cleaning, or pressing of articles or goods of fabric is performed, and in which only non-combustible and non-flammable solvents are used, emitting no odours, fumes, noise, or vibration which would cause a nuisance or inconvenience within or outside the premises. "DUPLEX DWELLING" see "DWELLING". "DUPLICATING SHOP" means a premises engaged in reproducing drawings, plans, maps or other copy, by blueprinting, photocopying or small offset process. "DWELLING" means a Building or part thereof used or intended, adapted or designed to be used, occupied or capable of being occupied, as a home, residence or sleeping place for one or more Persons having a right to the exclusive Use thereof, but shall not include any Motor Vehicle, Travel Trailer, Hotel, Motel, Private Garage, a Home for the Aged, Nursing Home, Hospital or living amenity or area Accessory to a non-Residential Use. a) "ACCESSORY APARTMENT DWELLING" means a Dwelling Unit located within a Permitted non-residential Building and located above and/or behind the primary Permitted Use. This definition shall not include a Converted Dwelling Unit, "Additional residential Unit" or a Multiple Dwelling Unit. (B/L 98 of 2025) b) "ACCESSORY DWELLING" means a Dwelling Unit, including a Single Detached Dwelling, on a Lot containing a Commercial or Industrial Use as the Primary Use. Such Dwelling is Accessory and secondary to the primary use and is occupied by an owner or employee of the Primary Use. This definition shall not include an "Additional Residential Unit". (B/L 98/2025) c) "ADDITIONAL RESIDENTIAL UNIT (ARU)" Means a separate and self-contained dwelling unit that is ancillary or subordinate to the Primary Dwelling and located within a Single-Detached, Semi-Detached, or Townhouse Dwelling or associated Accessory Building on the same Lot as the Primary Dwelling. (B/L 98 of 2025) d) "BOARDING HOUSE" means any Building or part thereof in which the proprietor resides and supplies for hire or gain to three (3) or more but not more than six (6) Persons exclusive of the lessee or Owner thereof or members of his family, lodging and/or meals, but shall not include a Hotel, Motel, Bed and Breakfast Establishment, Hospital, or Nursing Home. e) "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 Unit may not have frontage on a public Street or Road and more than one (1) Dwelling Unit may exist on one (1) Lot. Cluster Housing development shall have frontage on a public Street. 9 f) "CONVERTED DWELLING" means a lawfully established Single Detached Dwelling which is altered or converted, subject to Section 3.23, so as to provide up to three (3) Dwelling Units. "COTTAGE" shall mean a seasonal residential Building or Structure intended to be used for recreational rest or relaxation throughout the year, excepting winter months and shall not be used or intended to be used as a primary residence and/or year-round permanent Dwelling. Without limiting the generality of the foregoing, a Cottage shall not be converted to a year- round primary residence except in those Zones where such conversion is specifically allowed. g) "DUPLEX DWELLING" means a Dwelling divided horizontally into two (2) separate Dwelling Units, each of which has an independent entrance. h) "FARM DWELLING" means a Dwelling which is Accessory to an Agricultural Use other than a Hobby Farm. i) "FOUR-PLEX DWELLING" means a Dwelling divided horizontally and vertically into four (4) separate Dwelling Units, each of which has an independent entrance from outside the Building. j) "GROUP HOME-TYPE 1" means a residential Dwelling in which three (3) to ten (10) unrelated residents live under responsible supervision consistent with the requirements of its residents. "Residents" excludes staff or receiving family. This does not include a Group Home - Type 2. k) "GROUP HOME-TYPE 2" means a residence maintained and operated primarily for: Persons who have been placed on probation under the provisions of Acts such as the Criminal Code. R.S., Chap. C-46, as amended, The Young Offenders Act. R.S., Chap. Y-1, as amended, The Ministry of Correctional Services Act, R.S.O., 1990, Chap. M.22, as amended and the Parole Act. R.S., Chap. P-2, as amended. The number of Persons residing therein shall be up to eight (8) excluding staff. l) "MODULAR HOME" means a prefabricated Single Detached Dwelling designed to be transported once only to a final location and constructed so as the shortest side of such Dwelling is not less than 6.0 metres in width. m) "MOBILE HOME, DOUBLE WIDE," means a C.S.A. approved, factory built Dwelling occupied or designed for Occupancy 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 (1) 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. n) "MOBILE HOME, SINGLE WIDE" means a C.S.A. approved, factory built Dwelling occupied or designed for Occupancy on a permanent basis having a Ground Floor Area of not less than sixty-five (65) m2, 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. o) "MULTIPLE DWELLING" means a Building on a Lot used or designed as a residence and containing four (4) or more Dwelling Units all of which have access from a common corridor or hallway and/or an independent entrance 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. p) "NON-FARM DWELLING" shall mean a Single Detached Dwelling not Accessory to an Agricultural operation. 10 q) "PARK MODEL HOME" means a manufactured Building used or intended to be used as a seasonal recreational Building of residential Occupancy designed and constructed in conformance with CAN/CSA-Z241 Series-M, "Park Model Trailers". r) "PRIMARY DWELLING" means the Dwelling Unit having the largest Gross Floor Area located on a Lot which an ARU is a part of or to which it is attached. The Primary Dwelling, independent of any ARU, shall meet all applicable requirements of the underlying zone. (B/L 98 of 2025) s) "SEASONAL HOUSING" means a Dwelling used or intended, adapted or designed to be used as a home, residence or sleeping place during any portion of the year except winter months by seasonal or migrant workers and/or their families. Seasonal Housing is Accessory to a labour-intensive Agricultural Use on the same Lot. t) "SINGLE DETACHED DWELLING" means a Detached Dwelling on a Lot containing only one (1) Dwelling Unit. (B/L 42 of 2012) u) "SEMI-DETACHED DWELLING" means one (1) of a pair of single Dwellings, divided vertically in whole or in part above Finished Grade, below Finished Grade, or both above and below Finished Grade. This definition includes a link home. v) "STREET TOWNHOUSE" means a Townhouse with each Unit on a separate Lot. w) "TOWNHOUSE" means the whole of a Dwelling divided vertically into three (3) or more separate Dwelling Units, each such Dwelling Unit having an independent entrance directly from outside the Building. x) "TRIPLEX DWELLING" means 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. "DEDICATED SHORT-TERM RENTAL" means a Short-Term Rental other than a Primary Residence Short-Term Rental. "DWELLING UNIT" means a room or suite of two (2) or more Habitable rooms with an independent entrance, either from outside the building or from a common corridor inside the building, in which food preparation, eating, living, sleeping, and sanitary facilities are provided for the exclusive use of its occupants. This definition does not include housekeeping units in a hotel, motel, boarding rooming or lodging house, motor home, travel trailer, or mobile home. (B/L 98 of 2025) "DWELLING UNIT AREA" means 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 and may pertain to access rights above, below or on the said lands. "ERECT" means to build, construct, reconstruct or relocate and, without limiting the generality of the word, also includes: a) any preliminary operation such as excavation, infilling or draining; b) Altering any Existing Building or Structure by an addition, enlargement, extension or other structural change; and c) any work which requires a Building permit. "ESTABLISHED BUILDING LINE" on a Lot that is between two (2) adjacent Lots on one side of one block within the same Zone, on which are located Existing Buildings not more than 100 metres apart, shall mean the average of the established Setbacks on the said adjacent Lots. 11 Existing Buildings on the Lot for which construction is being proposed may be factored into the average for determining the Established Building Line. Detached Accessory Buildings shall not be factored in determining an Established Building Line for a Main Building. (B/L 107/2010) "EXISTING" means Existing on the date of passing of this By-law, legally established under the regulations in place at the time of its establishment and with respect to a Building or Structure, also means in a sound condition not requiring demolition or significant repairs or alterations or removed within the last 12 months and determined by the By-law Enforcement Officer to have been in such condition prior to its removal. (B/L 107/2010) "EXISTED" shall have a corresponding meaning. "EXTRACTIVE USE" means the Use of land Licensed for the removal of gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other similar substance for construction, industrial or manufacturing purposes, and includes an Aggregate Storage Area, Accessory Uses, Buildings or Structures. Permitted Accessory Uses include the blending of recovered materials that are brought to the Extractive Use. "FARM PRODUCE OUTLET" means a Use, Accessory to a Permitted farm, which consists of the retail sale of Agricultural products produced on the farm where such outlet is located. "FARMERS MARKET" means a Building, part of a Building, or an open area where Agricultural produce is offered or temporarily stored for retail sale on the site by more than one (1) vendor. "FARM PRODUCE PROCESSING ESTABLISHMENT" means the Use of land, Buildings or Structures where Agricultural produce, including meat and poultry products, are prepared or packaged and from which such produce and products are shipped to a wholesale or retail outlet. "FINISHED GRADE" means the average 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 Outdoor Display 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" in the case of a Dwelling, means 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 roofed 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, means 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 or mezzanine areas, mechanical rooms, common halls, stairwells, garbage and electrical rooms and parking Structures. "FLOOR AREA, GROUND" means 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 sun room, Deck, Porch or verandah. "FORESTRY" means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape. "FOUR SEASON CAMPGROUND & RECREATION FACILITY" shall mean a Private Park which includes a Campground, as well as facilities for Active and Passive Recreation. Such a 12 facility may also include Accessory commercial uses that serve only the needs of the users of the facility. "FUNERAL HOME" means a Building or Structure designed for the purpose of furnishing funeral supplies and services to the public and includes facilities intended for the preparation of the dead human body for interment or cremation and may include a chapel for funeral purposes. "FURTHER CONTRAVENE" means the making of an addition to an Existing Non-Complying Building or Structure, any part of which addition does not comply with the required Setbacks or any other provision of this By-law. "GARAGE SALE" means an occasional sale, held by the occupants of a Dwelling Unit on their own premises, of household goods and not merchandise which was purchased for resale or obtained on consignment. "GARDEN CENTRE" means the Use of land, Buildings or Structures for the purpose of buying, selling and raising plants, shrubs and trees and includes the Outdoor Display, storage and sale of products generally used for landscaping and gardening purposes. "GAS BAR" means one (1) or more fuel pumps for the sale of motor fuels and related products for Motor Vehicles, together with any necessary Gasoline Pump Islands, light standards, Propane Transfer Facility, kiosk, concrete aprons, Canopy, storage tanks and related facilities required for the dispensing of fuel. "GAS COMPRESSOR STATION" means the Use of land, Buildings or Structures for the storage, regulation of flow and distribution of natural gas. "GASOLINE PUMP ISLAND" means the portion of a Lot where a pump or pumps used to transfer fuel from storage tanks to Motor Vehicles is (are) situated. "GASOLINE RETAIL FACILITY" means premises where the retail sale of fuel or lubricants for Motor Vehicles constitutes either the sole Use, such as a Gas Bar, or an Accessory Use, such as a Gasoline Pump Island or Propane Transfer Facility. This definition shall not include a Motor Vehicle Service Establishment. "GAZEBO" means an Accessory Structure that consists of a platform and roof but no walls and that is unenclosed except that a wire-mesh bug screen, benches and/or railings around its perimeter and such posts as are reasonably necessary to hold the roof erect shall be permitted. (B/L 90/04) "GIFT SHOP" means a Retail Store specializing in the sale of ornaments, cards, magazines and confectioneries. "GOLF COURSE" means a public or private area designed and operated primarily for the purpose of playing golf excluding a Miniature Golf Course. "GOLF COURSE, MINIATURE" 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. "GOLF DRIVING TEE OR RANGE" means a Use which provides facilities designed and operated primarily for the practicing of golf shots but does not include Miniature Golf Courses or Golf Courses as defined herein. "GRAIN ELEVATOR" means a Building or Structure used for the storage of grain. "GROUP HOME-TYPE 1" see "DWELLING". "GROUP HOME-TYPE 2" see "DWELLING". "GUEST ROOM" means 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. 13 "HABITABLE ROOM" means a room within a Dwelling Unit designed to provide living, dining, sleeping, bathroom or kitchen accommodation for Persons. This definition shall not include any Private Garage, Carport, Cellar, unheated Porch or verandah, unfinished Attic, unfinished Basement, or any space used for the service and maintenance of a Dwelling or for vertical travel between storeys. "HEALTH/RECREATIONAL FACILITY" means a Private Club or public facility (athletic, health or recreational), including Uses such as reducing salons and weight control establishments, game courts, exercise equipment, locker rooms, jacuzzi and/or sauna and pro shop. "HEIGHT" means "BUILDING HEIGHT", when referring to a Building, and in all other cases, where no method for determining Height is described, shall mean the vertical distance between Finished Grade and the highest vertical point of the Structure, Sign, fence, Planting Strip or other object. "HOBBY FARM" means a Livestock Facility with a Livestock Housing Capacity of no greater than four (4) Livestock Units or fifty (50) animals, whichever is less. "HOLDING PROVISIONS" can be applied to lands to delay their development until specific conditions have been fulfilled. The Planning Act, as amended, enables Council to place these restrictions on the Use of land. Holding provisions are depicted by the letter (H), which can be added as a suffix to any Zone symbol. The Council will remove the (H) symbol, once conditions for the proper development of the affected lands are satisfied. "HOME FOR THE AGED" means a Building, Structure or Portion thereof operated as an Approved Home for the Aged or Rest Home established and maintained by the Municipality or jointly by one or more municipalities of the County of Lambton and operated under a board of management for accommodation and amenities for senior citizens in return for compensation. A Home for the Aged is subsidized by the Province under a service agreement with the Crown. A Home for the Aged shall not include a public or Private Hospital, Nursing Home or Group Home. "HOME OCCUPATION" means an Accessory Use to a Dwelling Unit, owned by and employing at least one of the permanent residents of that Dwelling Unit, to conduct one or more full-time or part-time occupations or business activities. This definition shall include a Bed & Breakfast and a Clinic. (B/L 107/2010) "HOSPITAL" means 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 that is Approved as a public Hospital. This definition shall also include a "PRIVATE HOSPITAL", which means a Dwelling in which four (4) or more patients are or may be admitted for treatment, other than an independent health facility, institution for the reclamation and cure of habitual drunkards, a children's residence or a lodging house. "HOTEL" means a Building in which a minimum of four (4) Guest Rooms are provided for the travelling public, and may include dining and other public rooms, provided that each Guest Room may be entered from inside or outside of the Building. "INDUSTRIAL USE" means the Use of land, Structures or Buildings for each or any of the following operations: a) the carrying on of any process of manufacture whether or not a finished article results there from; b) the dismantling and separating into parts of any article, machinery or vehicle, but not including a Motor Vehicle Wrecking Establishment; c) the breaking up of any articles, goods or machinery; d) the treatment of waste materials of all descriptions; 14 e) the recovery and processing of sand, gravel, clay, turf, soil, rock, stone or similar substances; f) the repairing and servicing of vehicles, machinery and Buildings; and may include; i) the Open Storage of goods used in connection with or resulting from any of the above operations; ii) the provisions of amenities for Persons engaged in such operations; iii) the sale of goods resulting from such operations; and iv) any work of administration or accounting in connection with the undertaking; and without limiting the generality of the foregoing, includes any industry particularly defined in this By-law, but does not include a "Home Occupation" or "Agricultural Home Industry". "INDUSTRIAL USE, DRY" means any Industrial Use Permitted by the applicable Zone where water is only required for employee washrooms and eating facilities, cooling or pressure testing of equipment, the washing of Accessory vehicles and similar ancillary Uses and not for processing. "INDUSTRIAL USE, GENERAL" means any Industrial Use other than a Service and Repair Shop, a Light Industrial Use, or an Offensive Industrial Use. "INDUSTRIAL USE, LIGHT" means any Industrial Use in which the Building or the Structure thereby occupied or employed, the processes carried on, the material used or stored, the machinery employed and the transportation of materials, goods and commodities to and from the premises will not cause injury to or prejudicially affect the amenity of the locality by reason of the appearance of such Building, Structure or materials or by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste paper, waste products, grit, oil or otherwise. Light Industrial Uses shall not include the dismantling and separating into parts of any article, machinery or vehicle; the treatment of waste materials of all descriptions; and the winning, processing or storage of sand, gravel, soil, rock, stone or similar substance. "INDUSTRIAL USE, OFFENSIVE" means 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" means 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 municipal Offices, Libraries, fire halls, Churches, Hospitals, Schools, Community Centres, Private Clubs and Assembly Halls. "JUNK YARD" shall have the same meaning as "Salvage Yard". "KENNEL" means any premises on which four (4) or more domesticated animals over four (4) months of age are kept, bred, trained, or boarded and may be kept for sale. "LABORATORY" means a Building, or part thereof, used for scientific, medical and/or research purposes. "LANDSCAPED OPEN SPACE" means the open, unobstructed space, on a Lot, accessible by walking from the Street on which the Lot is located and which is maintained and suitable for the growth and maintenance of grass, flowers, bushes, trees and other landscaping. This definition 15 may include any surfaced walk, patio, or similar area provided that such surfaced walk, patio, or similar Structure is not more than 40% of the Landscaped Open Space 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" means a private thoroughfare which affords only a secondary means of access for vehicular traffic to abutting Lots and which is not intended for general traffic circulation. "LAUNDROMAT" means an establishment containing one (1) 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 coin operated Laundromat. "LAUNDRY PLANT" means a Building or a Structure in which the business of a laundry is conducted in which only water and detergent is used, and where the drying, ironing and finishing of such goods are conducted. "LIBRARY" means a Library, branch Library or distribution station established as a public Library by by-law by Council or the County and the trustees of an improvement district or established under the Public Libraries Act or a predecessor. "LICENSED" means Licensed by an appropriate authoritative body as required under the Act or Statute, which legislates such establishment requiring licensing. "LIVESTOCK" means farm animals kept for Use, for propagation, or intended for profit or gain, and without limiting the generality of the foregoing includes dairy and beef cattle, swine, poultry, horses, goats, sheep, ratites, fur-bearing animals, deer and elk, game animals, birds and other animals identified in Appendix "A", Table 1. (B/L 19 of 2007) "LIVESTOCK FACILITY" means one or more Buildings or Structures designed, used or intended for housing, feeding or keeping Livestock including anaerobic digesters, manure transfer facilities and Manure Storages. Portions not storing manure or not occupied by Livestock long enough for substantial amounts of manure to accumulate are not subject to MDS I or MDS II measurements. (B/L 19/2007) "LIVESTOCK HOUSING CAPACITY" means the number of Livestock that can be accommodated by all Livestock Facilities on a Lot at any one time, including those that are empty but able to house Livestock. (B/L 19/2007) "LIVESTOCK, LARGE" means any Livestock of a type of which an adult equals more than one fifteenth of a Nutrient Unit. (B/L 107/2010) "LOADING SPACE" means an off-Street space on the same Lot as the Building, or contiguous to a group of Buildings, for the temporary parking of a Commercial Motor Vehicle while loading or unloading merchandise or materials, and which abuts a Street, Lane, or other appropriate means of access. The provision of Loading Spaces shall be in accordance with Section 3.26. "LOT" means 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, Chap. P. 13, as amended) or any land that may be legally conveyed under the exemption provided in clause (b) or (f) of subsection 3 or clause (a) or (f) of subsection 5 of Section 50 of The Planning Act, R.S.O. 1990, Chap. P. 13 as amended, the boundaries of which are recorded in the Registry Office for the Registry Division of the County of Lambton. (B/L 19 of 2007) a) "CORNER LOT" means a Lot, situated at the intersection of and abutting upon two (2) or more Streets, provided that the angle of intersection of such Streets is not more than one hundred and thirty-five (135) degrees. b) "INTERIOR LOT" means any Lot having Street Access, other than a Corner Lot. 16 c) "THROUGH LOT" means an Interior Lot having Street Access on two (2) or more Street Lines, other than a Corner Lot. "LOT AREA" means the total horizontal area within the Lot Lines of a Lot, except that for Lots for Residential Uses in an Environmental Protection - Lakeshore (EP-L) or Hazard (H) Zone, Lot Area shall exclude the horizontal area between the toe and top of an embankment of thirty (30) degrees or more from the horizontal, unless otherwise specified in this By-law. "LOT COVERAGE" means that percentage of the Lot Area covered by the perpendicular projections onto a horizontal plane of the area of all Buildings and Structures on the Lot. Lot Coverage shall not include Balconies, Canopies and overhanging eaves provided none of the foregoing are less than 2.4 metres above Finished Grade. Lot Coverage shall not include private Decks (Unenclosed) and Private Swimming Pools. "LOT DEPTH" means the horizontal distance between the Front and Rear Lot Lines. If the Front and Rear Lot Lines are not parallel, Lot Depth 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" means 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 means 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 and at a point thereon, a distance equal to the minimum Front Yard Depth required by this By-law. Lot Frontage shall not include the extent to which a Lot abuts an unopened Street Allowance or the end of a Street, other than a Street that terminates in a cul-de-sac. "LOT LINE" means any boundary of a Lot or the vertical projection thereof. There shall be deemed to be two (2) Lot Lines in cases where a Lot Line changes by a direction that is less than 135. There shall be deemed to be one continuous Lot Line in cases where the change in direction is 135 or greater. a) "FRONT LOT LINE" means in the case of an Interior Lot, the line dividing the Lot from the Street. In the case of a Corner Lot, the shorter Lot Line abutting a Street shall be deemed the Front Lot Line. In the case of a Through Lot or a Corner Lot whose Exterior Side Lot Lines are the same length, the Lot Line where the principle access to the Lot is provided shall be deemed to be the Front Lot Line. b) "REAR LOT LINE" means in the case of a Lot having four (4) or more Lot Lines, the Lot Line farthest from and opposite to the Front Lot Line. If a Lot has less than four (4) Lot Lines, there shall be deemed to be no Rear Lot Line. On a Through Lot, all Street Lines other than the Front Lot Line shall be Rear Lot Lines. (B/L 107/2010) c) "SIDE LOT LINE" means a Lot Line other than a Front or Rear Lot Line, and shall include Interior Side Lot Line and Exterior Side Lot Line. d) "EXTERIOR SIDE LOT LINE" - on a Corner Lot, means the longer Lot Line abutting a Street. e) "INTERIOR SIDE LOT LINE" - means a Side Lot Line other than an Exterior Side Lot Line. "LUMBER YARD" means the Use of land, Buildings or Structures for the purpose of the buying, selling and Open Storage of wood and wood products and lumber but does not include any manufacturing or processing Uses. "MANURE STORAGES" as listed in Appendix "A", Table 5, means land, Buildings or Structures designed, used or intended to be used as permanent storages for manure or 17 "digestate" produced from an anaerobic digester. It does not include manure transfer facilities, anaerobic digesters or temporary field storages. (B/L 19 of 2007) "EARTHEN MANURE STORAGE AREA" means any excavated pit used as a Manure Storage Area where manure is stored in contact with bare soil or is separated from bare soil by only a liner. "MARINA" shall mean a Commercial Use where boats are stored for rent or hire, and/or where boats are stored for the convenience of the owner of said boat, and/or where boats, boat motors, or boat accessories are sold, repaired or refueled and may include a Building or Structure for the sale of such accessories or refreshments, but shall not include a private dock Accessory to a Dwelling, nor shall Commercial or manufacturing establishments not adjacent to a navigable Watercourse be included. "MARINE SALES AND SERVICE ESTABLISHMENT" means a Building and/or land used for the Outdoor Display and sale of new and/or second-hand boats and watercraft, and may include the servicing, repair, and cleaning, of such, and the sale of accessories and related products. "MAXIMUM ENCROACHMENT" means the greatest distance a Structure may be built into a Required Front, Rear or Side Yard. "METEOROLOGICAL MAST" means a separate, guyed tower having instruments mounted thereon for the purpose of assessing a site's wind characteristics on a temporary basis of up to three years or for assessing the performance of a wind turbine or farm once erected. (B/L 104/07) 'MINIMUM DISTANCE SEPARATION" or "MDS" shall mean the setbacks that non- Agricultural Uses must meet from Livestock Facilities (MDS I) and that Livestock Facilities must meet from non-Agricultural Uses (MDS II) as required in Section 5.2 of this By-law and calculated in Appendix "A" to this By-law. (B/L 19 of 2007) "MOBILE HOME PARK" means a parcel of land containing two (2) or more Mobile Home Sites and which is under single management and ownership. "MOBILE HOME, DOUBLE WIDE" see "DWELLING". "MOBILE HOME, SINGLE WIDE" see "DWELLING". "MOBILE HOME SALES ESTABLISHMENT" means land, Building or Structure used for the sale and Outdoor Display of new Mobile Homes, Modular Homes, and Travel Trailers and may include the servicing and repair of such Structures and vehicles, but shall not include any other Uses defined in this By-law. "MOBILE HOME SITE" means a parcel of land within a Mobile Home Park occupied by or intended for Occupancy by one (1) Single-Wide Mobile Home, Double-Wide Mobile Home or Park Model Home together with all Yards and Open Space required by this By-law. "MODULAR HOME" see "DWELLING". "MOTEL" means a Building, part of a Building or group of Buildings wherein accommodation without private cooking or housekeeping facilities is provided for the travelling public, but may include dining rooms and other public rooms. Each Guest Room or sleeping room may be entered from the exterior of the Building. Sanitary facilities shall be included for each Guest Room or suite. "MOTOR HOME" means a self-propelled recreational vehicle capable of being used for the temporary sleeping or eating accommodation of Persons. "MOTOR VEHICLE" means an automobile, motorcycle, all-terrain vehicle and any other vehicle propelled or driven otherwise than by muscular power; but does not include other Motor 18 Vehicles running only upon rails, or a farm tractor, self-propelled implement of husbandry or road-building machine. "MOTOR VEHICLE, COMMERCIAL" means a Motor Vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, buses and tractor-trailers designed for hauling purposes on the highway. "MOTOR VEHICLE REPAIR ESTABLISHMENT" means a Building and/or land used for the servicing, repair, cleaning, polishing, lubricating and greasing of Motor Vehicles and may include vehicular body repair and re-painting, but shall not include any other Motor Vehicle Use defined in this By-law. "MOTOR VEHICLE SALES ESTABLISHMENT" means a Building and/or land used for the Outdoor Display and sale of new and/or second-hand Motor Vehicles and may include the servicing, repair, cleaning, polishing and greasing of Motor Vehicles, the sale of Motor Vehicle accessories and related products and the leasing or renting of Motor Vehicles, but shall not include any other Motor Vehicle Use defined in this By-law. "MOTOR VEHICLE SERVICE ESTABLISHMENT" means 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 Motor Vehicle accessories and related products, but shall not include any other Motor Vehicle Use defined in this By-law. "MOTOR VEHICLE WASHING ESTABLISHMENT" means a Building and/or land used for the washing or cleaning of Motor Vehicles including a self service or conveyor operation and may include the sale of fuels to Motor Vehicles, but shall not include any other Motor Vehicle Use defined in this By-law. "MOTOR VEHICLE WRECKING ESTABLISHMENT" means a Building and/or land used for the wrecking or dismantling of Motor Vehicles and for the Open Storage and sale of scrap material, salvage and parts obtained there from, but shall not include any other Motor Vehicle Use defined in this By-law. "MULTIPLE DWELLING" see "DWELLING". "MUNICIPAL DRAIN, CLOSED" means an "Open Municipal Drain", located entirely within the ground and designed, used, or intended for Use for the conveyance of precipitation. "MUNICIPAL DRAIN, OPEN" means any "drainage work" subject to the Drainage Act, R.S.O. 1990, Chap. D-17, as amended, 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 or water level within or on any lands or to regulate the level of the waters of a drain, reservoir, lake or pond, and includes a dam, embankment, wall, protective works or any combination thereof. "MUNICIPALITY" means the Corporation of the Town of Plympton-Wyoming. "NON-COMPLYING" means 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" means a lawfully Existing Use, Building or Structure prohibited by this By-law in the Zone in which it is situate. "NON-FARM DWELLING" see "DWELLING". "NURSERY" means the Use of land, Buildings or Structures or part thereof where trees, shrubs, sod or plants are grown or stored for the purpose of transplanting, for Use as stocks for building or grafting or for the purpose of retail or wholesale, together with the sale of soil, planting materials, fertilizers and similar materials (including Outdoor Display and Open Storage) and may include the storage of necessary machinery and vehicles used in connection 19 with such business. Landscaping and gardening supplies may also be kept or be offered for sale or rent. "NURSING HOME" as defined in The Nursing Homes Act, R.S.O. 1990, Chap. N.7, as amended, means 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, Chap. H.13, as amended, the Private Hospitals Act, R.S.O. 1990, Chap. P.24, as amended and the Public Hospitals Act, R.S.O. 1990, Chap. P.40, as amended. "NUTRIENT UNIT" means a measure based on nutrient quantities for comparing sizes of Livestock Facilities of differing Livestock types as listed in Appendix "A", Table 1. (B/L 19 of 2007) "OCCUPANCY" means 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, Chap. B.13 as amended, 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, and/or the conduct of public administration, but shall not include a Clinic. "OPEN DRAINAGE DITCH" means a man made depression dug into the earth, with well defined banks and a bed at least 0.6 metres below the surrounding land, serving to give direction to a current of water. "OPEN SPACE" means an unoccupied space open to the sky except such land as is used or required for parking purposes by this By-law, and shall include recreation facilities, landscaped areas, patios, and walkways. "OPEN STORAGE" means the storage of goods, merchandise, or equipment outside of a Building or Structure on a Lot or portion thereof. "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, rental and/or sale of goods, materials, vehicles or equipment. "OWNER" means the Person who holds legal title to a piece of property or has an equitable interest in the same. "PARK" means an area, consisting largely of Open Space, which may include a recreational area, playground, play field or similar Use, but shall not include a Mobile Home Park or Campground. a) "PUBLIC PARK" means 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" means a Park other than a Public Park. "PARK MODEL HOME" see "DWELLING". "PARKING AREA" means an area or Structure provided for the parking of Motor Vehicles and includes any related Aisles, Parking Spaces or driveways, accessible to or from a Street or Lane but shall not include any part of a Street. This definition may include a Private Garage. "PARKING LOT" means any Parking Area that functions independently as a separate operation such as a commercial or municipal lot and shall not include a Parking Area Accessory to a Permitted Use on the same Lot. "PARKING SPACE" means a portion of a Parking Area, exclusive of any Aisles or driveways, which may be used for the temporary parking or storage of a Motor Vehicle, accessible from an Aisle, Street or Lane. 20 "PASTURE AREA" means a contiguous area of land not less than 0.4 hectare in area, exclusive of Buildings, Structures, lawn, driveways and the like, which is available for the grazing of Livestock. "PERMITTED" means Permitted by this By-law. "PERSON" means any human being, association, firm, partnership, corporation, agent or trustee, and the heirs, executors or other legal representative or a Person to whom the context can apply according to law. "PERSONAL SERVICE ESTABLISHMENT" means a Building, or a part thereof, in which Persons are employed in furnishing services and otherwise administering to the individual and personal needs of Persons, and including premises such as, but not necessarily limited to, a barber, hairdresser, beautician, tailor, dressmaker, Laundromat, Dry Cleaning and laundry Depot, suntanning shop and a formal rentals shop but shall not include a body massage, body piercing, tattooing or Adult Entertainment Parlour. The sale of merchandise shall be Permitted only as an Accessory Use to the personal service provided. "PETROLEUM WELL" means a hole drilled into a geological formation of Cambrian or more recent age for the purpose of oil or gas exploration or production, the storage of oil, gas or other hydrocarbons in a geological formation, the disposal of oil field fluid in a geological formation, solution mining or geological evaluation or testing, but does not include a hole where no oil or gas is encountered that is drilled for the production of fresh water. "PETROLEUM WORK" means a pipeline or other Structure or equipment that is used in association with a Petroleum Well. "PLACE OF ENTERTAINMENT" means a motion picture or other Theatre, Auditorium, billiard or pool room, bowling alley, ice or roller skating rink, or dance hall, but does not include any other place of entertainment or recreation otherwise defined or classified in this By-law. "PLANTING STRIP" means an area which shall be used and maintained for no purpose other than planting a continuous unpierced hedgerow of evergreens or shrubs. The hedgerow may be adjacent to the Lot Line or portion thereof for which such Planting Strip is required. The remainder of the Planting Strip shall be used for no purpose other than planting shrubs, flowers, grass or similar vegetation. "PLANTING STRIP WIDTH" means the least horizontal dimension of a Planting Strip measured perpendicularly to the Lot Line adjoining such Planting Strip. "PORCH" means a covered entrance, either enclosed or unenclosed, to a Building. "POULTRY PROCESSING PLANT" means the Use of a Building or Structure for the slaughtering, processing, manufacturing, or packaging of poultry or poultry products and may include as an Accessory Use the wholesale or retail sale of poultry or poultry products. "PRE-EXISTING SHORT-TERM RENTAL" means a lawfully existing Short-Term Rental whose use as a Short-Term Rental is prohibited as of the date of passing of Zoning By-Law 121 of 2023 but permitted though section 34(9) of the Planning Act. "PRIMARY DWELLING" means a Dwelling owned by a natural person, either alone or jointly with others, where the person is ordinarily resident. "PRIMARY RESIDENCE SHORT-TERM RENTAL" means a Short-Term Rental being offered in a Dwelling where the Primary Resident is permanently residing while the Premises is being Used or operated as a Short-Term Rental, or an Accessory Second Dwelling on the same property as a Dwelling where the Primary Resident is permanently residing while the Premises is being Used or operated as a Short- Term Rental. 21 "PRINTING ESTABLISHMENT" means an establishment used for the blueprinting, engraving, stereotyping, electro-typing, printing or typesetting, and shall include a Duplicating Shop and a letter-shop. "PRIVATE CLUB" means a Building or part of a Building used as a meeting place for members of a chartered organization and shall include a lodge, a fraternity or sorority house, and a labour union hall. "PRIVATE GARAGE" means an Accessory Building or Structure, Attached to or Detached from a Dwelling, which is used for the sheltering of Permitted Motor Vehicles and storage of household equipment incidental to the residential Occupancy and in which there are no facilities for the repairing or servicing of vehicles for gain or profit. This definition may include a Carport or other open shelter. "PROCESSED GOODS INDUSTRY" means a Building or part thereof used by textiles, leather and rubber industries; plastics and synthetic resins industries; paper and wood products industries; metal products industries; oil and coal by-products industries; chemical products industries; and non-metallic products industries. Processed Goods Industries exclude pulp and paper industries and primary metal industries. "PROPANE TRANSFER FACILITY" means a facility at a fixed location having not more than one (1) storage container and such container shall not have an aggregate propane storage capacity in excess of 50,000 litres. "PUBLIC RECREATIONAL USE" means the Use of land, water and/or Buildings for the purpose of Passive and Active 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" means 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, a Conservation Authority established by the Government of Ontario, or any Ministry or Commission of the Government of Ontario or Canada. "PUBLIC GARAGE" means a Non-Recreational Public Use where publicly owned Motor Vehicles such as road maintenance equipment are stored, repaired and/or maintained. "PUBLIC UTILITY" means any water works, gas works, electric heat, light or power works, telegraph or telephone lines and works for the transmission of gas, oil, water or electrical power or energy or any similar works supplying the general public with necessaries or conveniences. This definition excludes any processing, manufacturing, generation or like facility or process as well as any site where on-site personnel are employed on a regular basis. (B/L 107/2010) "QUARRY" means the Licensed Use of land or land under water from which unconsolidated aggregate is being or has been excavated by means of an open excavation to supply material for construction, industrial or manufacturing purposes, and that has not been rehabilitated and may include an Aggregate Storage Area, but does not mean land or land under water excavated for a Building or Structure on the excavation site, and does not include a Wayside Quarry. "RECREATION, ACTIVE" means the Use of land, water and/or Building for the purpose of organized active leisure activities requiring the erection of Buildings or the alteration of topography and shall include an arena, a sports field, and a Golf Course. "RECREATION, COMMERCIAL" means the commercial Use of land and/or Buildings for the purpose of recreation but shall not include a Place of Entertainment. "RECREATION, PASSIVE" means the Use of land and/or water for the purpose of passive leisure activity and shall include a Park, a garden, a picnic area and the like, as well as a play lot with activity equipment for children. 22 "RENOVATION" means the replacement, repair and restoration of land, Building or Structure to good condition but shall not include its Replacement. "REPAIR AND RENTAL ESTABLISHMENT" means a business engaged in maintaining, repairing, installing and renting articles and equipment for household, personal, construction and Industrial Use such as: radios and television; refrigerators and air conditioners; appliances; watches, clocks and jewelry; upholstery and furniture repair; and power tools, mobile construction equipment and moving equipment, for which Open Storage is Permitted. This does not include any other Use specifically referred to or defined in this By-law. "REPLACEMENT" when used in reference to a Building or Structure or part thereof, means the removal and rebuilding, repairing or restoring of more than 25% of the total Building or Structure as it Existed on the date of passing of this By-law and shall include any Structural Alteration except that which is necessary to integrate the supporting elements of an Existing Building or Structure with those of an addition. "RESEARCH AND DEVELOPMENT ESTABLISHMENT" means a Building or part thereof used by raw material development and testing firms; processed products development and testing firms; and chemical and biological products development and testing firms. "RESOURCE EXTRACTION" means the Use of land 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" means 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, donut shop, coffee shop, snack bar or refreshment room or stand. This definition shall not include a Drive-In Restaurant. "RESTAURANT, DRIVE-IN" means an establishment where food is offered for sale or sold to the public for consumption, such establishment being designed for consumption of the food within a Motor Vehicle parked in a Permitted Parking Space on the premises of the establishment. "RESTAURANT, DRIVE THROUGH SERVICE FACILITY" means an element of a Restaurant Use associated with ordering and serving food and beverages to patrons where they remain within a Motor Vehicle, and includes any associated speaker system and order board. "REST HOME" means a Home for the Aged, which is also administered by a committee of management. "RETAIL STORE" means 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 and shall include a grocery store. "RETAIL WAREHOUSE" means a Building or part of a Building 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 or materials by retail sale to the general public, but shall not include a grocery store or any other Use defined in specific terms herein. "RIDING SCHOOL" means the commercial Use of land and buildings for the instruction of Persons in the manner of riding horses and may include the boarding or stabling of horses. "RIGHT-OF-WAY" means: a) a right enjoyed by a Person of passing over another Person's land subject to such conditions and restrictions as are specified by grant, sanctioned by custom or by whatever other means, by virtue of which the right exists, and/or; 23 b) a term commonly applied to a more or less uniform strip of land used for the purposes of constructing a highway, railway, pipe line, telephone or power transmission line, etc. "ROAD" means a Street as defined in this By-law. "SALVAGE YARD" means a Lot, Building or Structure used for the wrecking, dismantling, storing, Open Storage or selling of second hand goods, wares or materials including, but not so as to limit the generality of the foregoing, rags, bottles, metals, clothing, furniture, paper, machinery, building materials and vehicles and parts thereof. This definition shall exclude a Motor Vehicle Wrecking Establishment. "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. "SAWMILL" means the Use of land, Buildings or Structures for the purpose of processing logs or other unfinished wood into lumber, shingles, pallets, sawdust, firewood or related products, and may include Open Storage of such products. "SCHOOL" means an elementary or secondary School under the jurisdiction of a public or separate, English-language or French-language board, a School operated on a non-profit basis and under charter granted by the Province of Ontario, or a private School. "SEASONAL HOUSING" see DWELLING". (B/L 107/2010) "SEMI-DETACHED DWELLING" see "DWELLING". "SERVICE AND REPAIR SHOP" means 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 TRADE" means an establishment, other than an 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's 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 engraving shop. "SETBACK" means the minimum horizontal distance between a Lot Line and the nearest part of the foundation or Main Wall, whichever is nearer, of any Building or Structure on the Lot or the nearest Open Storage or Outdoor Display Use on the Lot. "SHOPPING CENTRE" means a group of commercial establishments related in locations, size, and type to the trade or residential area it serves and conceived, designed, developed and managed as an interdependent and interrelated unit whether by a single Owner or tenant or by a group of Owners or tenants, acting in collaboration. "SHORT-TERM RENTAL" means all or part of a legally established Dwelling that operates or offers a place of temporary residence, lodging or occupancy by way of a rental agreement or similar commercial transaction for a period of less than twenty-eight (28) consecutive nights throughout all or any part of a calendar year, but does not include a bed and breakfast establishment, motel, hotel, hospital, campground, couch surfing, or other short-term accommodations where there is no payment. "SHORT-TERM RENTAL LICENCE" means the certificate issued under By-law 116 of 2023. "SIGHT TRIANGLE" means 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 a minimum distance specified in Section 3.16.4 of this By-law from the point of intersection of the Street Lines (measured along the Street Lines). Where the two Street Lines 24 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" means 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. "SINGLE DETACHED DWELLING" see "DWELLING". "STABLE SLOPE" means the plane projecting landward from the toe of an embankment at a 3:1 (run to rise) ratio (30 angle) and terminating either at the finished grade of the land located above such embankment or at a horizontal plane, which is equal to the elevation of the finished grade of the land located above such embankment, and shall include any portion of a Lot located vertically above such plane. "STOCK YARD" means the Use of land, a Building or a Structure for the temporary containment of Livestock, for a maximum of seven (7) days. "STORAGE DEPOT" means an area including reservoir, silo and tank storage; hangers; open air parking; and Open Storage. Storage Depots exclude Salvage Yards, Resource Extraction operations, and Wayside Pits. "STOREY" shall mean the portion of a Building, other than an Attic, Cellar or Basement, included between any floor level and the floor, ceiling or Attic above it. Any loft or mezzanine greater than 50% of the Ground Floor Area of the floor below shall be considered a separate Storey. a) "ONE STOREY" means a Building having one Storey and no loft, mezzanine or partial floor whatsoever. b) "ONE AND ONE HALF STOREY" means a Building having a loft or mezzanine not exceeding 50% of the Ground Floor Area of the floor below. c) "TWO STOREY" means a Building with two Storeys. "STORM SEWER" means a pipe located entirely within the ground and designed, used, or intended for Use for the conveyance of precipitation. "STREET" means a public thoroughfare intended for vehicular traffic and which is under the jurisdiction of either the Corporation, the County or the Province of Ontario. This definition shall not include any Lane or private Right-of-Way. "STREET ALLOWANCE" shall have a corresponding meaning. "STREET ACCESS" means, when referring to a Lot, that such Lot has a Lot Line or portion thereof which is also a Street Line. "STREET LINE" means the limit of the Street Allowance and is the dividing line between a Lot and a Street. "STREET TOWNHOUSE" see "DWELLING". "STRUCTURAL ALTERATION" means the construction or reconstruction of supporting elements of a Building or other Structure. Repairs, maintenance or installations that Alter the size of the Building or involve the rearrangement or replacement of structural supporting elements are considered Structural Alterations. Structural elements include the foundation, floor joists, exterior walls, weight bearing walls and trusses. "STRUCTURE" means 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. 25 "SWIMMING POOL, PRIVATE" means a Structure located on privately owned property, used and maintained for the purpose of swimming or wading. Private Swimming Pools shall be subject to the provisions of Section 3.3.4 of this By-law. "TAVERN" means a Licensed establishment 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" means a Building or Structure intended for removal or demolition within a prescribed time not exceeding two (2) years as set out in a Building permit. "TERMINAL GRAIN ELEVATOR" means an establishment for the storing, receiving, shipping of grain and similar Agricultural products, and includes associated Offices, weigh scales, and Accessory Uses. "THEATRE" means a Building, or part thereof, used for the presentation of the performing arts. "TILLABLE HECTARES" means the total area of land including pasture that can be worked or cultivated. "TIRE DISPOSAL SITE" shall mean the Use of any land, Building or Structure for the receiving and permanent storage of used tires and shall include any Lot on which five thousand (5000) or more tires are stored. "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. "TOURIST CENTRE" means any land, Buildings or Structures used for the purpose of providing tourist information and activities to the travelling public. "TOWNHOUSE" see "DWELLING". "TRANSMISSION TOWER" means a Structure situated in a non-Residential Zone that is intended for transmitting or receiving television, radio, telephone or other communications signals, but shall not include an Antenna. "TRAVEL TRAILER" means a vehicle designed, intended and used exclusively for travel, recreation and vacation and which is either capable of being drawn by a passenger Motor Vehicle or is self-propelled, notwithstanding that such Travel Trailer is jacked up or that its running gear is removed, and shall include tent trailers, vans, Motor Homes and similar transportable accommodation excepting a Single or Double Wide Mobile Home. "TRAVEL TRAILER SALES ESTABLISHMENT" means land and/or Buildings used for the Outdoor 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 a Motor Vehicle Sales Establishment as defined in this By-law. "TRIPLEX DWELLING" see "DWELLING". "TRUCK STOP" means the Use of any land, Buildings or Structures upon which a business, service or industry involving the maintenance, servicing, storage or repair of Commercial Motor Vehicles is conducted or rendered including the dispensing of motor fuel or petroleum products directly into Motor Vehicles, the sale of accessories or equipment for trucks and similar Commercial Motor Vehicles. A Truck Stop may also include overnight accommodation, laundry and shower facilities for the Use of truck crews, and Restaurant facilities. "TRUCK TRANSPORT TERMINAL" means a Building, Structure, or Lot used for the Open Storage, repairing, or dispatching of Commercial Motor Vehicles or trailers and may include a Bonded Warehouse. "TYPE A LAND USES" include Industrial (excluding M4 Zones), Rural Commercial C3 Zones) and Passive Recreation Uses and/or Zones Permitting such Uses and shall also include retail 26 and office areas associated with a Nursery or Commercial Greenhouse. (B/L 107/2010) For the purposes of MDS I a dwelling or up to three new non-Agricultural Lots are also Type A Land Uses. For the purposes of MDS II, Dwellings and residential Uses not recognized as residential areas in the Town Official Plan, or Cemeteries located in an Agricultural Zone are also Type A Land Uses. (B/L 19 of 2007) "TYPE B LAND USES" include Institutional, Active Recreation and Commercial (excluding C3 Zones) Uses and/or Zones Permitting such Uses. For the purposes of MDS I, Cemeteries, a Building with three or more Dwelling Units, expansion of a settlement are, more than three new non-Agricultural Lots, Zones for residential Use, or a consent that would result in four contiguous residential Lots are also Type B Land Uses. For the purposes of MDS II, Cemeteries not in an Agricultural Zone and areas specifically designated in the Town Official Plan as residential or settlement areas are also Type B Land Uses. (B/L 19 of 2007) "USE" where it appears as a noun, means the purpose for which a Lot, Building or Structure, or any combination thereof is designed, arranged, occupied or maintained. "USES" shall have a corresponding meaning. "UTILITY SERVICE BUILDING" means 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. "VALUE ADDED INDUSTRY" means a business or activity carried out on an Agricultural Lot by Persons residing on the Lot. Such business or activity adds value or further processes a commodity or by-product produced by the main Agricultural Operation or uses such as the primary ingredient or material in a product produced on the site. It shall not include any processes or materials with significantly greater potential to cause site contamination than normal Agricultural activities. (B/L 107/2010) "WALL, MAIN" means an outside wall of a Building which supports a roof and shall include a wall under a gable end. "WAREHOUSE" means a Building or Structure or part thereof used or 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 solely by wholesale. "WAREHOUSE, BONDED" means a Warehouse, certified by the Federal government and guaranteed by a bonding agency, where goods may be stored until duties or taxes are paid. "WASTE DISPOSAL SITE" means any land upon, into, in or through which, or Building or Structure in which, waste is deposited, disposed of, handled, stored, transferred, treated or processed, and any operation carried out or machinery or equipment used in connection with such depositing, disposal, handling, storage, transfer, treatment or processing. Waste includes ashes, garbage, refuse, domestic waste, industrial waste or municipal refuse. "WATERCOURSE" means any natural or artificial stream, river, creek, ditch, including an Open Drainage Ditch, channel, canal, culvert, drain, gully or ravine in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks and includes any area adjacent thereto subject to inundation by reason of flood water and shall include Lake Huron. "WAYSIDE PIT" OR "WAYSIDE QUARRY" means a temporary pit or Quarry opened and used by a public Road authority solely for the purpose of a particular project or contract of Road construction and not located on the Road Right-of-Way. "WHOLESALE ESTABLISHMENT" means any establishment that sells merchandise to others for resale and/or to industrial or commercial users. "WIND FARM" means a Lot having Wind Turbines located thereon that meet the criteria for defining a Lot as a Wind Farm under Sections 3.31.1 i) and j). (B/L 104/07) 27 "WIND TURBINE" means a tubular or latticed, guyed or freestanding tower having located thereon a generator, which converts wind energy into electricity. A wind turbine, tower, foundation and any appurtenances are manufactured and erected with consideration for site soil conditions and in accordance with CSA standards, engineered design and/or applicable industry standards. This definition shall include Structures Accessory thereto. (B/L 104/07) "WIND TURBINE, ACCESSORY" means a Wind Turbine that produces electricity primarily for use on the Lot on which it is located or to produce credits for use on another Lot under the same ownership as the Wind Turbine operator. Although it may be connected to the utility grid and/or practice net metering, it does not produce electricity for sale to the utility grid. (B/L 104/07) "WIND TURBINE, COMMERCIAL" means a Wind Turbine that produces electricity primarily for profit by sale to the utility grid. (B/L 104/07) "WIND TURBINE, DERELICT" means a Wind Turbine that is no longer operable; exhibits signs of compromised structural integrity; has rusted, missing or damaged parts; has not been operated for a period of one year or more; is no longer fit to produce electricity; or no longer meets applicable safety standards. (B/L 104/2007) "YARD" means 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" means a Yard extending across the full width of the Lot between the Front Lot Line of the Lot and the foundation of any Main Building on the Lot. b) "FRONT YARD DEPTH" means the least horizontal dimension between the Front Lot Line of the Lot and the foundation of any Building or Structure on the Lot, or the nearest Open Storage or Outdoor Display Use on the Lot. c) "REAR YARD" means a Yard extending across the full width of the Lot between the Rear Lot Line of the Lot and the foundation of any Main Building on the Lot. If there is no Rear Lot Line, there shall be deemed to be no Rear Yard. d) "REAR YARD DEPTH" means the least horizontal dimension between the Rear Lot Line of the Lot and the foundation of any Building or Structure on the Lot, or the nearest Open Storage or Outdoor Display Use on the Lot. e) "SIDE YARD" means a Yard extending from the Front Yard to the Rear Yard and from the Side Lot Line of the Lot to the foundation of any Main Building on the Lot. In the case of a Lot, which has no Rear Lot Line, the Side Yard shall extend from the Front Yard to the opposite Side Yard. f) "SIDE YARD WIDTH" means the least horizontal dimension between the Side Lot Line of the Lot and the foundation of any Building or Structure on the Lot, or the nearest Open Storage or Outdoor Display Use on the Lot. g) "EXTERIOR SIDE YARD" means a Side Yard immediately adjoining a Street, extending from the Front Yard to the Rear Lot Line. h) "INTERIOR SIDE YARD" means a Side Yard other than an Exterior Side Yard. i) "REQUIRED YARD" means 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" means a designated area of land Use shown on Schedule 'A' of this By-law or its part maps. 28 "ZONING ADMINISTRATOR" shall mean the officer or employee of the Municipality charged with the duty of enforcing the provisions of this By-law. 29 SECTION 3 - GENERAL PROVISIONS 3.1 USES PERMITTED IN ALL ZONES The following Uses are Permitted in all Zones within the Corporation: 3.1.1 Services and Utilities Despite any other provisions of this By-law (excluding Section 3.20) to the contrary, the Corporation of the Town of Plympton-Wyoming, the County of Lambton and any Ministry of the Government of Canada or Province of Ontario or their agents 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 Public Utility company shall comply with the provisions of this By-law only insofar as such Uses are for administrative or Office purposes. 3.1.2 Utility Service Buildings and Non-Recreational Public Uses Utility Service Buildings and Non-Recreational Public Uses exclusive of Waste Disposal Sites and incinerators 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; and 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. 3.1.3 Public Recreational Uses Parks and Community Centres operated by or for the Town of Plympton-Wyoming including Uses Accessory thereto. 3.1.4 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. Such Buildings, Uses and Structures shall be removed within six (6) months following the termination and or abandonment of the construction project. 3.1.5 Transmission and Distribution Lines 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 pipe line and appurtenances thereto which have been Approved by the National Energy Board or the Ontario Energy Board. 3.1.6 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, Chap. P.12, as amended. 3.1.7 Wayside Pits and Portable Asphalt Plants Wayside Pits and Quarries and Portable Asphalt Plants, used on public authority contracts shall be Permitted in all Zones other than Woodlot, Wetland, Significant Natural Area, and Hazard Zones, except on or adjacent to an Existing built-up area. 3.1.8 Transmission Towers Transmission Towers shall be Permitted in all Zones except for Residential Zones. 3.1.9 Wind Turbines & Meteorological Masts Accessory Wind Turbines shall be Permitted in all Zones. Meteorological Masts shall be Permitted in all Zones except for Residential Zones. B/L 104/97 30 3.2 USES PROHIBITED IN ALL ZONES Unless specifically Permitted in this By-law, all Uses, including the following Uses, are specifically prohibited and shall only be Permitted by amendment to this By-law under Section 34(10), or application under Section 45, of the Planning Act, R.S.O. 1990, Chap. P.13, as amended. a) Offensive Industrial Uses including the boiling of blood, tripe or soap, tanning of hides and skins and other similar Uses which may be declared by the local Board of Health or Council to be a noxious or offensive trade, business or manufacture. b) 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. c) Motor Vehicle Wrecking Establishment as defined in this By-law. d) The outdoor keeping or storage of any Derelict Motor Vehicle. e) A track for the Use, racing or testing of automobiles, snowmobiles, motorcycles, or any motorized vehicle. f) Adult Entertainment Parlour as defined in this By-law. g) Any manufacturing or processing Use involving Dangerous Goods which poses a hazard to the public. h) A Tire Disposal Site i) A Waste Disposal Site j) A Quarry k) A Derelict Wind Turbine (B/L 104/07) l) Wind Turbine, except Accessory Wind Turbine (B/L 118/21) m) Bio-Digester (B/L 118/21) 3.3 ACCESSORY BUILDINGS, STRUCTURES OR USES 3.3.1 Accessory Buildings, Structures or 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, except as specifically Permitted in this By- law; a) Any occupation for gain or profit conducted within or Accessory to a Dwelling Unit; nor b) Any Building used for human habitation. Where this By-law provides that land may be used for a Dwelling, the Permitted Accessory Uses shall include a Garage Sale provided that: a) No Person shall conduct more than two (2) Garage Sales per calendar year at one (1) location; b) No Garage Sale shall exceed two (2) days' duration. 3.3.2 Structures Permitted in all Yards Despite any other Yard provisions of this By-law, drop awnings, flag poles, garden trellises, fences, retaining walls, Permitted Signs, or similar Accessory Uses and Structures shall be Permitted in any Yard provided they are placed outside of any Sight Triangle as defined in Section 3.16.4. 31 3.3.3 Accessory Buildings and Structures in Residential Zones All Accessory Buildings and Structures shall comply with the Yard provisions of the Zone in which such Accessory Building or Structure is located, except that in any Residential, A3 or A4, Zone an Accessory Building or Structure shall comply with the following provisions: (B/L 107/2010) a) 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. b) On Lots abutting Lake Huron, Detached Accessory Buildings and Structures shall be Permitted in a Front Yard or Exterior Side Yard provided they are not located within a Required Yard Setback. (B/L 107/2010) c) An area of 1.2 metres which is open and unobstructed from the ground to the sky shall be maintained between a Detached Accessory Building or Structure and the Main Building on the same Lot, unless they are connected by a Breezeway or similar Structure. (B/L 107/2010) d) 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. e) 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, or 0 metres where such Lot Line abuts a Lane. f) When a Detached Accessory Building or Structure is located in the Rear Yard, it shall be located no closer than 1 metre to either the Rear Lot Line or the Interior Side Lot Line, or 0 metres where such Lot Line abuts a Lane. g) When a Detached Accessory Building or Structure is located in a Front Yard on a Lot abutting Lake Huron, it shall be no closer than 1 metre to the Interior Side Lot Line. h) No Accessory Building or Structure shall be located closer to the Exterior Side Lot Line than the Exterior Side Yard Setback requirement for the Zone in which each Lot is located. i) No Accessory Building or Structure shall be located closer to the Rear Lot Line of a Through Lot than the Front Yard Setback requirement for the Zone in which such Lot is located. j) Where a mutual Private Garage is Erected on the common Lot Line between two (2) Lots, no Setback is required from the common Lot Line. 3.3.4 Lot Coverage and Height of Accessory Buildings and Structures in Residential Zones a) The total Lot Coverage of all Accessory Buildings and Structures on a Lot in any Residential Zone shall be included as part of the Maximum Lot Coverage calculation. The maximum combined Lot Coverage of all Detached Accessory Buildings shall be the greater of: i) 47 m2, or ii) 10% Lot Coverage up to 93 m2 (B/L 107/2010) b) The Height of a Detached Accessory Building or Structure in a Residential Zone shall be measured from the finished floor to the highest point of the Building or Structure and shall not exceed 5.5 metres. In addition: i) there shall be no more than 1.5m clearance to truss bottom in any portion of any second floor, loft mezzanine or Attic space, ii) no knee-wall shall be Permitted in any second floor, loft, mezzanine or Attic area, 32 iii) if the Building or Structure exceeds 3m Height, no portion of the roof shall have a pitch ratio of less than 4:12 (rise:run) or more than 18:12 (rise:run), and iv) if the Building or Structure exceeds 4.5m Height: 1. the main floor ceiling clearance shall not exceed 3.1m in any part, 2. an access panel, but not windows and not doors, may be located in the exterior walls of any upper floor or attic and, 3. the Interior Side and Rear Yards shall be a minimum of 2.4m. c) Any attached Accessory Building with a second Storey or Attic space shall be subject to Detached Accessory Building Height restrictions if there is no passage provided to the Main Building via the second Storey. (B/L 107/2010) Private Swimming Pools d) 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. Private Swimming Pools shall be subject to the same Setbacks as required by Section 3.3.3. Decks (Unenclosed) e) Decks (Unenclosed) and Detached gazebos shall not be considered as part of the Lot Coverage and shall be subject to the same Setbacks as Accessory Buildings or Structures in the Zone they are Permitted, except as provided for in Section 3.13.1, Yard Encroachments Permitted. Fences and Walls (B/L 107/2010) f) The maximum Permitted Height of a fence, privacy wall or like feature in a Residential Zone shall be 2.5m provided that the fence is not located in a Sight Triangle (see Section 3.16.4) and that the maximum Permitted Height within 4m of the Front Lot Line shall be 1.1m. 3.3.5 Accessory Buildings and Structures on Rural Residential Lots (B/L 107/2010) a) On any Lot less than 2 Ha in Lot Area, located in the A1 or A2 Zones and containing a Dwelling, the provisions of Section 3.3.3 shall apply to any Detached Building or Structure with the following modifications: i) Minimum Interior and Rear Yard 2m ii) Maximum Permitted Height 6m iii) Maximum Ground Floor Area 190 m2 3.4 NON-CONFORMING USES This By-law acknowledges that Section 34(9)(a) and (b) of The Planning Act, R.S.O. 1990, Chap. P.13, as amended, provides that "no By-law passed under this section applies: a) To prevent the Use of any land, Building or Structure for any purpose prohibited by the By- law if such land, Building or Structure was lawfully used for such purpose on 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, Chap. B.13, as amended, prior to the day of the passing of the By-law, so long as the Building or Structure when Erected is used and continues to be used for the purpose for which it was Erected and provided the permit has not been revoked under Section 8 of the Building Code Act, R.S.O. 1990, Chap. B.13, as amended." Furthermore, Sections 34(10) and 45(2) of the Planning Act, R.S.O. 1990, Chap. P.13, as amended, contain provisions: 33 c) 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. 3.5 NON-CONFORMING USES - RESTORATION a) Where in any Zone, any Building or Structure exists as a legal Non-Conforming Use and the said Dwelling is destroyed by fire or natural disaster, this By-law does not prevent the reconstruction of the 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. c) Exception: Sections 3.5 a) and b) shall not apply to permit the Replacement of any Building or Structure destroyed or damaged by erosion, flooding, wave uprush, slope instability or any other natural disaster or hazard associated with proximity to Lake Huron or a Watercourse. Such Building or Structure shall be replaced in conformity with the provisions of this By-law. 3.6 NON-COMPLYING USES a) Re-Building 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, if rebuilt, be reconstructed in compliance with this By-law. When it is not possible for legal, technical or insurance reasons to build in compliance with this By-law, such reconstruction shall comply as close as possible with the By-law unless this is also not possible for legal, technical or insurance reasons; in which case, such Non-Complying Use, Building or Structure may be reconstructed to its prior dimensions at its exact prior location. Notwithstanding, a structurally sound Livestock Facility which does not comply with the Minimum Distance Separation requirements in Section 5.2 shall not be required to be replaced in compliance with such regulations if destroyed by fire or natural disaster, provided the Gross Floor Area and Livestock Housing Capacity is not further increased and the required separation distance is not further reduced. 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 or constitute a Replacement. c) Exception Exception: Sections 3.6 a) and b) shall not apply to permit the Replacement of any Building or Structure destroyed or damaged by erosion, flooding, wave uprush, slope instability or any other natural disaster or hazard associated with proximity to Lake Huron or a Watercourse. Such Building or Structure shall be replaced in compliance with the provisions of this By-law. d) Additions and Accessory Uses Permitted 34 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. 3.7 DWELLING UNITS 3.7.1 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. 3.7.2 Cellar Location No Dwelling Unit shall be located in a Cellar. 3.7.3 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. 3.8 ADDITIONAL RESIDENTIAL UNIT (ARU) (B/L 98 OF 2025) 3.8.1 General Provisions Where an ARU is permitted, the following provisions shall apply: a) An ARU is only Permitted within or attached to a Single Detached, Semi-Detached, or Townhouse Dwelling or within a Detached Building that is Accessory to a Single Detached, Semi-Detached, or Townhouse Dwelling. In addition, an ARU is Permitted is association with one of the listed Dwelling types only if that particular Dwelling type is listed as a Permitted Use in the Zone designation applying to that Lot. b) A maximum of two (2) ARUs shall be permitted on a Lot as follows: i. Up to two (2) ARUs within the Primary Dwelling provided there is no ARU in a detached Accessory Building on the same Lot; or ii. One (1) ARU in the Primary Dwelling. c) In the Residential and A3 Zones: i. ARUs shall be connected to full municipal water and sanitary services; and ii. Notwithstanding Table A of this By-law, Lots with ARUs shall be permitted to 45% total Lot Coverage. d) The Primary Dwelling shall occupy a minimum of 55% of the Building's total Gross Floor Area (GFA) where there is one (1) ARU within or attached to the Primary Dwelling, the Primary Dwelling shall occupy a minimum of 50% of the Building's total GFA. e) For the purposes of Section 3.8, the Gross Floor Area of the Primary Dwelling: i. includes the total area of all floors; ii. includes the Basement; and iii. excludes internal Parking Areas. f) A minimum of one (1) dedicated on-site parking space shall be provided per ARU. Tandem parking spaces are permitted. 35 g) All units shall be addressed and the municipal address displayed shall be in compliance with County of Lambton 9-1-1 protocol. h) Home Occupations shall be permitted only in the Primary Dwelling. i) An ARU shall not be severed onto a separate Lot from the Primary Dwelling. j) An ARU may only be severed in an A1 or A2 Zone if severed together on the same Lot as a surplus farm dwelling. k) An ARU shall not be used as a Short-Term Vacation Rental. l) An ARU shall be prohibited on or within the following: i. A Plan of Condominium. ii. A Mobile Home Park. iii. A Cellar iv. Any Dwelling or detached Accessory Building that encroaches into the Primary Hazard Area portion of an EP-L Zone. v. Any Dwelling or detached Accessory Building that encroaches into the Secondary Hazard Area of an EP-L Zone or into a natural hazard area regulated by the St. Clair Region Conservation Authority (e.g. including but not limited to flood hazard areas, unstable slopes, or erosion hazard limits of Lake Huron or any watercourse) under Ontario Regulation 41/24, unless permitted by the St. Clair Region Conservation Authority. vi. On a Lot that is used for a Group Home or Day Nursery. m) Access to the main entrance of an ARU shall be directly from either: a. the street via the Primary Dwelling's driveway, or b. a hardscaped surface walkway with an unobstructed path of travel a minimum of 1.2 metres in width and 3.0 metres in height. n) No ARU shall be accessed via an unenclosed staircase in the Front or Exterior Side Yard. o) The entrance to an ARU within or attached to the Primary Dwelling shall either: i. be shared through the main entrance via a common internal corridor, or ii. be located on the side or rear wall of the Primary Dwelling, facing the Interior Side or Rear Yard. 3.8.2. ARU - Detached Accessory Building An ARU within a detached Accessory Building or Structure shall comply with the following Sections of the Zoning By-law: i. Sections 3.3.3 and 3.3.4 where located in a Residential Zone, ii. Sections 3.3.3 and 3.3.5 where located in an A1 or A2 Zone, and iii. Section 3.8.1 subject to the following provisions: a) An ARU shall be located in compliance with Section 5.2 of this By-law Minimum Distance Separation (MDS) formulae, when located in the A1, A2, of A4 Zones. b) The minimum Interior Side and Rear Yard setbacks shall be 2.4 metres. c) The maximum GFA for an ARU is any Agricultural Zone shall be 112 square metres. 36 d) An ARU in a Residential Zone shall count against the maximum Permitted total Lot Coverage of all Accessory Buildings and Structures on a Lot per Section 3.3.4. e) Section 3.3.4 b) does not apply to an ARU in the Residential Zone. f) The maximum Height for an ARU shall be: i. 5.5 metres in any Residential, A3 and A4 Zone. ii. 7 metres in the A1 and A2 Zones. g) Section 5.3.2 of this By-law Maximum Setbacks from Roads for Dwellings does not apply to an ARU. h) A minimum area of 1.2 metres, which is open and unobstructed from the ground to the sky, shall be maintained between a detached ARU and the Primary Dwelling. i) An ARU shall not be located further than 20 metres from the Primary Dwelling. 3.9 LOT DEVELOPMENT REQUIREMENTS 3.9.1 Frontage on a Street No Lot shall be used and no Building Erected or used on a Lot unless the Lot fronts on a Street that is opened and maintained on a year round basis. Despite the foregoing, a Building or Structure may be Erected upon a Lot within a registered plan of subdivision in accordance with the provisions of a subdivision agreement in respect of such plan of subdivision or may be Erected upon a Lot within an Existing lakeshore community provided access by a Right-of-Way even though the Streets within such plan of subdivision or the Right-of-Ways within such lakeshore community have not been assumed and are not being maintained by the Corporation. 3.9.2 More Than One Use on a Lot When a Lot contains more than one (1) Use, each such Use shall conform to the provisions of this By-law for such Use in the Zone where it is located. 3.9.3 More Than One Zone on a Lot When a Lot is divided into more than one (1) 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 Woodlot, Wetland, Hazard, Significant Natural Area or Environmental Protection - Lakeshore, such portion may be included in determining the minimum Lot Area requirements and the Zone line shall not be considered a Lot Line for Setback purposes on the adjoining zoned area provided that no Building or Structure is located on that part of the Lot in such Zone. 3.9.4 Number of Main Buildings on a Residential Lot Unless otherwise stated, in a Residential 1 (R1) Zone, Residential 2 (R2) Zone, Residential 5 (R5) Zone, Residential 6 (R6) Zone (B/L 107/2010), or Environmental Protection - Lakeshore (EP-L) Zone no Lot that is used for residential purposes, shall be occupied by more than one (1) Main Building. 3.9.5 Existing Lots In any Zone, where one or more Existing Lots are held in separate ownership and have insufficient Lot Area and/or Frontage, this By-law shall not prevent the Use of such Lot and the construction of any Building or Structure Permitted by this By-law, provided that all other provisions of this By-law are complied with and provided that the Lot can be serviced with a potable water supply and sanitary sewerage facilities or septic system. 37 Notwithstanding the above clause, the erection of new Dwellings that are not Single Detached Dwellings or that contain (B/L 107/2010) more than one (1) Dwelling Unit shall comply with the Lot Area and/or Frontage provisions per Dwelling Unit. 3.10 HOME OCCUPATIONS 3.10.1 All Home Occupations (B/L 107/2010) Unless specified otherwise in this By-law, a Home Occupation shall be Permitted as an Accessory Use to any Dwelling, subject to the following provisions: a) "Employed", for the purposes of this section, means contracted, engaged or otherwise employed to perform or carry out work. Employed includes employed as a volunteer or as an employer. neigbourhood character & amenity b) The Home Occupation shall not cause any individual or cumulative effects that change the residential character of the Dwelling or Lot. The Use shall not: (i) be visible or apparent from adjacent Lots, other than due to Permitted Signs, (ii) cause a nuisance or annoyance or loss of enjoyment of property to neighbours, or (iii) cause a significant increase in traffic on Streets serving the Dwelling. c) The Home Occupation shall not generate noise, vibration, fumes, dust, smoke, heat, odour, odorous material, humidity, effluent, glare, magnetic fields, radiation, refuse or any other objectionable emission which is evident outside of the Dwelling Unit or which exceeds any legal limits. d) The Home Occupation shall not interfere with any communication signals. e) The Home Occupation shall not present a health, life or fire safety hazard under the Building Code, National Fire Code, or any local, provincial or federal legislation and shall not present any serious threat of site contamination. scale of activity f) The Home Occupation shall be entirely enclosed within the Dwelling Unit or Accessory Building(s). Goods, materials or equipment associated with the Home Occupation shall be stored or displayed only within the floor area Permitted for Home Occupation Uses and shall not be visible from adjacent Lots. g) The amount of floor area used by the Home Occupation shall not exceed 33% of the total finished floor area of the Dwelling Unit, shall not exceed 40m2 in all Accessory Buildings combined, and shall not exceed 56m2 in total. h) Not more than two (2) Persons not residing permanently on the premises shall be employed at the premises. parking areas i) One additional off-street Parking Space shall be required for each Person employed by the Home Occupation that drives to work and also for each guest room in a Bed and Breakfast. j) Interior Parking Spaces may be used for work vehicles and shall not be counted as part of the Home Occupation's floor area. A maximum of one work vehicle shall be parked out of doors, or two in an A1 or A2 Zone. Work vehicles may include small machinery like a small tractor or a Commercial Motor Vehicle, but shall not include a transport truck's trailer or heavy equipment such as a dump truck. k) No more than 50% of both the Front Yard and any Exterior Side Yard shall be used as Parking Area and the Lot shall meet minimum Landscaped Open Area requirements in Table A. 38 servicing requirements l) Any Home Occupation which requires a significant volume of water and/or produces a significant volume of sewage shall require approval from the service provider and, if the Dwelling is serviced by a private septic system, shall also require approval under Part 8 of the Building Code. retail sales m) The Home Occupation shall permit rental or retail sales at the Dwelling Unit of only merchandise that is: (i) produced, assembled, repaired, or otherwise has value added, within the Dwelling Unit or its Accessory Building(s), or (ii) associated with a service being provided as part of the Use. n) Sales transactions are Permitted where orders are placed by phone and merchandise is either picked up by the customer or delivered to the customer from the Dwelling or another location. instructional activities o) The Home Occupation may involve instructional or educational activity. More than 4 students may be Permitted only if the activity requires additional participants and all requirements of fire, health and life safety have been investigated and met. The teaching of music, dance, or other physical activity that is likely to create noise or vibration shall be Permitted only within Single-Detached Dwelling Units. deliveries p) The Home Occupation shall not involve the receipt or delivery of goods or equipment by transport truck or methods other than those typical of regular residential deliveries. q) Where located within 100m of a Dwelling on a separate Lot, no deliveries to or from the Home Occupation shall occur between the hour of 7pm of one day and 7am of the following day. specifically prohibited activities r) The following Uses shall not be Permitted as a Home Occupation or a part thereof: i) a Use which does not comply with the preceding provisions. ii) any Use prohibited in Section 3.2. iii) Animal Hospital iv) Use involving the presence of Livestock. v) drug store; vi) Dry Cleaning Establishment or Depot; vii) Institutional Use providing overnight residency and/or care. viii) Laundromat; ix) Restaurant of any type; x) Retail Store; xi) Motor Vehicle Repair, Service, Washing, or Wrecking Establishment; xii) sale, repair or service of Motor Vehicles, machinery, equipment or appliances; or xiii) sale or installation of Motor Vehicle audio parts, products or accessories. signs s) One non-illuminated Sign advertising the Home Occupation shall be Permitted with a maximum size of 0.3m2. clinics 39 t) Where a Home Occupation is a Clinic, a minimum of 1.5 parking spaces for each Person employed shall be provided. u) No more than one (1) physician, dentist or drugless practitioner shall practice in a Clinic where such Clinic constitutes a Home Occupation. v) A Single-Detached Dwelling may be entirely converted for use as a Clinic in which case no Person shall be required to reside on site and the number of employees may be as many as six. 3.10.2 Rural Home Occupations (B/L 107/2010) A Home Occupation may be operated as an Accessory Use to a Dwelling on a Lot in an A1 or A2 Zone and shall be subject to the regulations of Section 3.10.1 with the following modifications: a) The Use shall not change the main residential or Agricultural character and Use of the Lot. b) The amount of floor area used by the Home Occupation shall not exceed 33% of the total finished floor area of the Dwelling Unit or 56m2, whichever is the lesser and, outside the Dwelling, shall not exceed 93m2 in all Buildings combined. c) Open Storage or Outdoor Display totalling up to 93m2 shall be Permitted and shall be screened from view of Streets and neighbouring Dwellings by solid fences, Buildings or hedges. d) A transport truck and trailer or heavy equipment that is operated by only the Home Occupation owner may be parked on site as an Accessory Use. e) Instructional or educational activities for more than 4 students shall be Permitted provided all fire, health and life safety requirements have been investigated and met. f) One non-illuminated Sign shall be Permitted having a maximum area of 2m2 and displaying the name of the business or Person engaged in such Home Occupation on the Lot. additional activities Permitted where no immediate neighbours g) Where a separation of 200m or more exists to the nearest neighbouring Dwelling or any Use defined as a Type B Use for MDS II purposes and the Home Occupation would not contravene Sections 3.10.1 b), d), and e), the following modifications shall apply: i) Emissions that are perceptible outside the Dwelling or Building but within all legal limits shall be Permitted. ii) Receipt or delivery of goods or equipment shall be Permitted by any form of transportation provided such vehicles have no need to park or make reversing manoeuvres on public roadways. iii) The following Uses shall be Permitted provided any Open Storage or Outdoor Display is surrounded by a solid board fence at least 2.4m in Height and the Use does not change the character of the Main Use or become a nuisance to neighbouring properties: 1. sale, repair or service of Motor Vehicles, machinery, equipment or appliances. 2. sale or installation of Motor Vehicle audio parts, products or accessories. 3. Parking of construction equipment and construction vehicles within the Permitted floor area and Open Storage limits. 3.10.3 Value Added Industries (B/L 107/2010) A Value Added Industry shall be Permitted as an Accessory Use to a Farm Dwelling and shall comply with the regulations of Section 3.10.1 subject to the following modifications: 40 a) Home Occupations that do not make use of a commodity produced as part of the Agricultural Use of the Lot are not Value Added Industries. b) A Value Added Industry may be visible from neighbouring properties and may be notable as a separate component to an Agricultural Use. c) A Value Added Industry may result in increases in traffic volumes on Streets serving the Use. d) The total floor area used by a Value Added Industry shall not exceed 375m2 outside of the Dwelling and not more than 33% of the Dwelling's finished floor area. e) Open storage of up to 190m2 shall be Permitted. f) A Value Added Industry may employ up to 10 Persons not residing on the Lot. g) A maximum of 2 delivery vehicles required for delivering finished product may be kept on site. h) One non-illuminated Sign shall be Permitted having a maximum area of 2m2 and displaying the name of the business or Person engaged in such business on the Lot. 3.11 GROUP HOMES Where Permitted, new Group Homes, as defined in this By-law, shall not be located within 500 metres of any more than one (1) other Group Home. 3.12 HUMAN OCCUPANCY OF TRUCK, BUS AND COACH BODIES OR TRAVEL TRAILERS, TRUCK CAMPERS, MOTOR HOMES OR TENTS No truck, bus, coach or streetcar body shall be used for human Occupancy within the Municipality whether or not the same is mounted on wheels; With the exception of lands Zoned specifically for the purpose, on no Lot shall any Travel Trailers, truck campers or Motor Homes be used by any Persons for living, sleeping or eating accommodations except as Accessory to an Existing Dwelling and not for more than sixty (60) days total in any period of ten (10) consecutive months. Further, no more than one such Travel Trailer, truck camper or Motor Home shall be used in such manner in any period of ten (10) consecutive months. (B/L 107/2010) 3.13 PERMITTED ENCROACHMENTS 3.13.1 Yard Encroachments Permitted 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 encroach into the Required Yards indicated for the distances specified: STRUCTURE YARD IN WHICH ENCROACHMENT IS PERMITTED MAXIMUM ENCROACHMENT PERMITTED INTO REQUIRED YARDS UNDER ZONE REGULATIONS a) Sills, belt courses, cornices, eaves, gutters, chimneys or similar architectural Structure Any Yard 0.5 metre b) Outdoor heating and air conditioning unit Any Yard 1.0 metre c) Porches (unenclosed) Any Yard 2.0 metres* 41 excluding eaves d) Decks (Unenclosed) Any Yard 2.0 metres* e) Balconies and steps (unenclosed) Any Yard 1.2 metres* f) Bay windows and awnings Any Yard 1.0 metre g) Cantilever Side and Rear Yard 1.0 metre h) Fire escape Any Yard 1.2 metres Provided however that c), d), e), f), g) and h) shall not be any closer than 1.2 metres to an Interior Side Lot Line, and provided that f) and g) shall have a maximum width of 3 metres or one-third (1/3) the width of the wall from which they project, whichever is less. In any Agriculture Zone, where a Dwelling Unit is Non-Complying regarding the Required Front Yard Setback, a Deck (Unenclosed) may be added to the Dwelling if such Deck is no closer to the Front Lot Line than the front of the Building. 3.13.2 Where Minor Variance Granted Where a minor variance is granted from a Required Yard, no Permitted Encroachment, other than those listed in Section 3.13.1 a), may encroach closer to the Lot Line than the Setback established by the granted minor variance or than the Maximum Encroachment that was Permitted prior to the granted minor variance, whichever is closer to the Lot Line. The Permitted Encroachments of Section 3.13.1 a) may encroach 0.5 metres beyond the granted minor variance, provided they shall be no closer than 0.5 metres to a Lot Line. 3.13.3 Building in Built-Up Areas Where a Building is to be Erected within a built-up area where there is an Established Building Line, such Building may be Erected closer to the Street Line than Permitted by this By-law provided that such Building is not Erected closer to the Street Line than the Established Building Line. 3.13.4 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 be the minimum Required Yards for that Building or Structure. Any expansion to the Existing Building or Structure shall comply with all provisions of this By-law. 3.14 HEIGHT RESTRICTIONS The Height provisions of this By-law shall not apply to the following: a) an air conditioner duct; b) a belfry; c) a chimney; d) a Church spire; e) a clock tower; f) an elevator penthouse; g) a farm Building; h) a flag pole; i) a grain elevator; j) a radio Antenna; k) a television Antenna; l) a farm silo; m) a water tower; n) a cupola; o) a smoke stack; p) a ventilator; q) a skylight; r) a bulkhead; s) a firewall; t) a Transmission Tower and u) a Wind Turbine. (B/L 104/07) Furthermore, the Height provisions of this By-law shall not apply to any roof Sign Erected and/or maintained in accordance with any by-law or regulation of the Municipality from time to time in force, provided however, that such features are Erected only to such Height as is necessary to accomplish their purpose. 42 3.15 OPEN STORAGE AND OUTDOOR DISPLAY REGULATIONS Subject to the provisions of Section 3.15, and in addition to the Zones in which Open Storage and Outdoor Display are Permitted, where this By-law so implies, Open Storage and/or Outdoor Display shall be Permitted for the specified purposes as Accessory to a Use. Council may Permit Open Storage or Outdoor Display or modify the requirements of Section 3.15 without minor variance or amendment to this By-law by a motion of Council or through a site plan agreement pursuant to Section 41 of the Planning Act R.S.O., 1990. a) Minimum Setbacks The minimum Setback from a Lot Line for any Permitted Open Storage shall be no less than the respective Required Yard of the Zone in which the Open Storage or Outdoor Display is located except in the case of a Permitted Agricultural Use, Extractive Use, Salvage Yard, or a Storage Depot the Setback shall be 0 metres. The minimum Front Yard or Exterior Side Yard Setback for any Permitted Outdoor Display shall be 0 metres; b) Parking Any areas used for Permitted Open Storage or Outdoor Display 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 or Outdoor Display, such lighting shall be so arranged as to deflect light onto the Open Storage area and away from any adjoining properties; d) Screening Excepting an Agricultural Use, Aggregate Storage Area, Nursery or similar Use, any portion of a Lot used for Open Storage shall be enclosed by a fence measuring at least 2.5 metres in Height in an Industrial Zone and at least 1.8 metres in all other Zones. Where abutting any Residential, Institutional or Open Space Zones, such fence shall be constructed of solid materials. Stored materials shall not protrude above the Height of the fence anywhere in the enclosure. If the Interior Side or Rear Lot Line of a Lot upon which Outdoor Display and sale is Permitted abuts a Residential, Institutional or Open Space Zone, then a Planting Strip shall be provided along such abutting Lot Line or portion thereof, in accordance with Section 3.18; e) Surface Treatment Any Open Storage or Outdoor Display 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; or, in the case of an Outdoor Display area, may be maintained as a lawn in a healthy growing condition. f) Location Open Storage shall be prohibited in any Side Yard sharing a Lot Line with a Residential, Institutional or Open Space Zone or Use and shall be prohibited in any Front or Exterior Side Yard. 3.16 SPECIAL SETBACK PROVISIONS 3.16.1 Setbacks from Watercourses No Building or Structures shall be Erected, after the date of passing of this By-law closer than 15 metres from the Top-of-Bank of any Open Drainage Ditch or natural Watercourse, except where otherwise Permitted in an Environmental Protection - Lakeshore (EP-L) Zone. 43 3.16.2 Setbacks from Closed Drains, Sewers and Water Mains No Building or Structure shall be Erected: a) Closer to the centre line of a municipal gravity Sanitary Sewer or Storm Sewer (including Closed Municipal Drains) than the sum of 0.3m, half the diameter of the service pipe, and the invert depth of the service. Notwithstanding, the setback shall not be less than 2.5m where the top of the footing of the Building or Structure is 30 cm or more below the invert of the service, or 5m where the elevation of the footing Is located otherwise. (B/L 107/2010) b) Closer to the centre line of a municipal force main Sanitary Sewer or water line than the sum of 1.3m, half the diameter of the service pipe, and the invert depth of the service. Notwithstanding, the setback shall not be less than 3m where the top of the footing of the Building or Structure is 30 cm or more below the invert of the service, or 6m where the elevation of the footing is located otherwise. (B/L 107/2010) 3.16.3 Setbacks from Sewage Treatment Facilities No Residential, Institutional, Open Space, recreational or Commercial Use or Zone shall be Permitted closer than 100m from any Existing sewage lagoon. 3.16.4 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 1 metre above the elevation of the centre line of any adjoining Street. This requirement shall not apply to Agricultural Uses. b) A Finished Grade exceeding the elevation of the centre line of the Street intersection 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 C1 Zone, EP-L Zones, A1 Zone and A2 Zone, a Sight Triangle of 15m measured down the Street Line where traffic has the right of way and 10m down the other Street Line shall be required. Where both or neither Street Line is a designated right of way, a 15m by 10m Sight Triangle shall be required along both Street Lines. . (B/L 107/2010) e) In the A1 Zone and A2 Zone a Sight Triangle of 80m measured down the Street Line where traffic has the right of way and 26m down the other Street Line shall be required. Where both or neither Street Line is a designated right of way, an 80m by 26m Sight Triangle shall be required along both Street Lines. (B/L 107/2010) f) Any driveway. 3.16.5 Petroleum Works No new Building, Structure or Use shall be Erected closer than 75 metres to a Petroleum Well. 44 3.16.6 Setbacks from Wind Turbines & Meteorological Masts With the exception of the setback described in Sections 3.31.1 g) iii), the Erection of a Livestock Facility and the Erection of a Dwelling on a Lot in a Residential or EP-L Zone, if there is any Setback, under Section 3.31, that a Wind Turbine or Meteorological Mast is required to meet from a Structure, Use or Zone, the establishment or expansion of any such Structure, Use or Zone shall meet the same Setback from a Meteorological Mast or a Wind Turbine, if the Wind Turbine has a rotor diameter greater than 6m. (B/L 104/2007) 3.17 (deleted - B/L 107/2010) 3.18 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. 3.18.1 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. 3.18.2 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. 3.18.3 Height The minimum Height of a Planting Strip shall be 1.5 metres at the time of planting. Notwithstanding, any provision of this By-law, any Planting Strip located in a required Site Triangle shall not exceed the elevation of the centre line of any adjoining Street by more than 1 metre in Height. 3.18.4 Permitted Interruptions 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. 3.18.5 Landscaped Open Space A Planting Strip may form part of any Landscaped Open Space required by this By-law. 3.19 SIGNS & LIGHTING 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. b) Where any Commercial Zone or Industrial Zone fronts on a Street or Road opposite to, or directly abuts any Residential, Institutional, or Open Space Zone, exterior lighting and illuminated Signs shall be so arranged as to deflect light away from the adjacent Zone. 45 c) 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 (1) non-illuminated real estate Sign having a maximum area of 0.5 m2 advertising the sale, rental or lease of the Building, Structure or Lot upon which the Sign is displayed. ii) A Sign for a Home Occupation in compliance with Section 3.10. (B/L 107/2010) iii) One (1) non-illuminated Sign having a maximum area of 5 m2 advertising the name and particulars of a subdivision or similar development project provided such Sign shall be removed upon completion of the project. d) Signs for Home Occupations or Value Added Industries shall be Permitted in Agricultural Zones in compliance with Section 3.10. (B/L 107/2010). e) No Sign Attached to a Building or Structure shall be located in or over Municipal property except in the case of a Building or Structure having a 0 metre Lot Line Setback, in which case any Sign shall be Attached and parallel to the Main Wall of said Building or Structure. 3.20 ENVIRONMENTALLY SENSITIVE AND HAZARDOUS LANDS Notwithstanding Section 3.1, no Building or Structure shall be used or Erected in any Woodlot, Wetland, Significant Natural Area, Hazard or Environmental Protection - Lakeshore Zone, except for activities that create or maintain infrastructure authorized under an environmental assessment process, or works subject to the Drainage Act, and except as Permitted in Sections 27, 28, 29, 30 or 31. 3.20.1 Wetland Zone Development may be Permitted on lands within 50 metres of the (WET) Zone, subject to the execution of a site plan agreement, or other agreement, specifying development conditions and boundaries, based on an environmental impact evaluation, prepared by a qualified professional in accordance with the provisions of the Official Plan and to the satisfaction of the Municipality. The environmental impact evaluation must demonstrate that there will be no negative impact on the natural features or on the ecological functions for which the area is identified. 3.20.2 Environmentally Hazardous Lands Notwithstanding any other provisions of this By-law, no permanent Buildings or Structures shall be Erected or used on lands which exhibit, or potentially exhibit, a hazardous condition as a result of their susceptibility to flooding, erosion, subsidence, inundation, or the presence of organic soils or steep slopes, or on land where, by reasons of its low lying, marshy or unstable character, the cost of construction of satisfactory waterworks, sewage, or drainage facilities is prohibitive. 3.20.3 Hazardous Slopes Any Building or Structure Erected on or in proximity to an embankment shall be set back from the toe of the embankment a distance sufficient that the entire bottom of the horizontal area of the foundation of the Building or Structure is located outside the Stable Slope 3.21 ACCESS All Uses, Buildings or Structures shall have frontage on and access to a Street or, in the case of Existing lakeshore communities, a Right-of-Way. 3.22 SETBACKS FROM STREETS ON THROUGH LOTS On a Through Lot, the same Minimum Required Yards that apply to the Front Lot Line shall apply to the Rear Lot Line(s). (B/L 107/2011) 46 3.23 CONVERSION OF EXISTING DWELLINGS In a Residential Zone where Converted Dwellings are Permitted in Existing Single Detached Dwellings, Single Detached Dwellings may be Altered, remodeled, enlarged and used for purposes of a Multiple Dwelling, provided that: a) No Dwelling Unit so created contains a Gross Floor Area of less than fifty-five (55) m2 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) After conversion no more than a total of three (3) Dwelling Units exist; c) There is no increase to the Gross Floor Area of the Building for habitable purposes except for the addition of sun Porches, entrance ways and dormers; d) Any outside stairways (except for required fire escapes) be located in the Rear Yard; e) No Building may be converted unless the Lot has a minimum of 100 m2 of Landscaped Open Space located in the Rear Yard. For any conversion an additional 35 m2 of Landscaped Open Space must be provided for each additional Dwelling Unit; f) The off-Street parking requirements of this By-law are complied with; and g) Where the Building cannot be connected to a Sanitary Sewer system, Approved alternative sewage treatment facilities shall be provided. 3.24 RAILWAYS 3.24.1 Residential Use Setbacks New residential development adjacent to Existing rail lines shall have a minimum Setback of 30 metres from the boundary of the railway Right-of-Way. Increases in size or volume of Existing Non-Complying Buildings and Structures shall be Permitted provided the Existing Setback is not reduced. 3.24.2 Railway Crossings Where a Street crosses a railway at the same grade, no Building or Structure shall be Erected closer to the point of intersection of the centre lines of both the railway and Street Right-of- Ways than: i) 75 metres in all Agricultural (A) Zones and Industrial (M) Zones, and; ii) 30 metres in all other Zones. 3.25 PARKING AREA REGULATIONS 3.25.1 Requirements 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 Commercial 1 (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 (1) or more Parking Spaces, each such Parking Space having a minimum overhead clearance of 2 metres and a minimum width and length as required in Appendix "C", in accordance with the following: TYPE OF USE MINIMUM PARKING SPACES REQUIRED RESIDENTIAL USES Boarding House 1 Parking Space per Dwelling Unit, plus 1 Parking Space per guest room 47 Group Home, Type 1 or 2 1 Parking Space per staff member Home for the Aged, Rest Home 1 Parking Space per resident's unit, plus 1 Parking Space per 2 guest rooms Mobile Home located in a 2 Parking Spaces per Mobile Home Mobile Home Park Multiple Dwelling 1.5 Parking Spaces per Dwelling Unit Townhouse 1.5 Parking Spaces per Dwelling Unit Other Residential Uses 1 Parking Space per Dwelling Unit Permitted by this By-law NON-RESIDENTIAL USES Animal Hospital 1 Parking Space for each 28 m2 of Gross Floor Area Assembly Hall, Auditorium, 1 Parking Space for every 8 fixed seats Community Centre, Private Club plus 1 Parking Space for each 18.5 m2 of Gross Floor Area (excluding area occupied by fixed seating) Auction Hall, Flea market 1 Parking Space for every 5 m2 Gross Floor Area accessible to the public Bank 1 Parking Space per 20 m2 of Gross Floor Area Bed and Breakfast Establishment 1 Parking Space per Guest Room Bingo Hall The greater of: a) 1 Parking Space per 14 m2 of Gross Floor Area; b) 1 Parking Space per 4 Person Occupant Load of the hall Church 1 Parking Space per 15 m2 of the auditorium's Gross Floor Area plus 1 Parking Space per 37 m2 for the remaining Gross Floor Area Clinic The greater of: a) 5 Parking Spaces per practitioner; or b) 1 Parking Space per 18 m2 of Gross Floor Area Commercial Recreation The greater of: Establishment a) 1 Parking Space per 14 m2 of Gross Floor Area b) 1 Parking Space per 4 Persons Occupant Load of the establishment 48 Convenience Store 1 Parking Space per 20 m2 of Gross Floor Area Day Nursery 1 Parking Space per staff member Funeral Home The greater of: a) 1 Parking Space for every 5 fixed seats and 1 Parking Space for every 5 m2 floor area of seating area where non- fixed seating can be made available for chapel purposes; or b) 1 Parking Space for every 5 m2 of floor area devoted to reposing rooms Golf Course The greater of: a) 1 Parking Space per 20 m2 of clubhouse communal eating or entertainment area plus 5 Parking Spaces per tee; or b) 8 Parking Spaces per tee Hospital, Nursing Home 0.75 Parking Spaces per bed Hotel, Motel 1.25 Parking Spaces per unit plus 1 Parking Space per 20 m2 of communal eating or entertainment area Industrial Use 1 Parking Space for each 55 m2 of Gross Floor Area up to 800 m2 and 1 Parking Space for each additional 280 m2 of Gross Floor Area in excess of 800 m2. Library 1 Parking Space for each 37 m2 of Gross Floor Area Miniature Golf Course 12 Parking Spaces minimum Motor Vehicle Repair 3 Parking Spaces per staff member Establishment Motor Vehicle Sales 1 Parking Space per 30 m2 Gross Establishment Floor Area plus 1 Parking Space per 10 Motor Vehicles on display Motor Vehicle Service 5 Parking Spaces per working bay Establishment Motor Vehicle Washing Establishment i) Self-service operation 4 Parking Spaces per wash stall ii) Conveyor operation 8 Parking Spaces per wash stall 49 Office 1 Parking Space per 37 m2 of Ground Floor Area, plus 1 Parking Space for each 70 m2 of the remaining Gross Floor Area Restaurant The greater of: a) 1 Parking Space per 14 m2 of Gross Floor Area; or b) 1 Parking Space per 4 Persons Occupant Load of the dining room. Restaurant, Drive-In 10 Parking Spaces per Lot Retail Store 1 Parking Space per 20 m2 of Ground Floor Area plus 1 space for each 70 metres of remaining Gross Floor Area. Retail Warehouse 1 Parking Space per 90 m2 of Gross Floor area for the first 900 m2 plus 1 Parking Space for each 180 m2 of remaining Gross Floor Area School 1.5 Parking Spaces per classroom or teaching area plus adequate off-Street loading zones for buses Service and Repair Shop, 1 Parking Space per 20 m2 of Ground Floor Personal Service Establishment Area, plus 1 space for each 70 m2 of remaining Gross Floor Area. Shopping Centre 1 Parking Space per 28 m2 of Gross Floor Area Tavern 1 Parking Space for each 5 m2 of Gross Floor Area accessible to the public and devoted exclusively to such Uses Warehouse 5 Parking Spaces minimum for the first 1,858 m2 of Gross Floor Area and 1 Parking Space for each additional 300 m2 of Gross Floor Area Other non-Residential Uses 1 Parking Space per 37 m2 of Gross Floor Area Permitted in this By-law a) Parking Spaces shall be provided at the time of construction or in association with a change of Use, according to the provisions of this By-law. b) If calculation of the required Parking Spaces results in a fraction, the required Parking Spaces shall be the next higher whole number. 50 3.25.2 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 Spaces shall be required if said expansion or enlargement does not exceed ten percent (10%) of the Gross Floor Area of the Building or Structure as it Existed on the date of passing of this By-law. 3.25.3 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: a) No Existing Parking Spaces are lost due to the change; b) The proposed Use does not constitute an increase in intensity with regard to parking requirements; c) The previous Use was not residential; d) The Gross Floor Area is not increased: e) No additional Residential Units are created. In the case of an increase in Gross Floor Area, the provisions of Section 3.25.2 shall apply. 3.25.4 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. 3.25.5 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 that 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 Building, Structure or Use requiring the Parking Area and the Parking Spaces are available for the exclusive Use of the Building, Structure or Use. 3.25.6 Yards Where Parking is Permitted Despite any Yard provisions of this By-law to the contrary, uncovered surface Parking Areas shall be Permitted in all Yards, with 0 metre Lot Line Setbacks, provided that no part of any Parking Area, other than a driveway, is located in a required Planting Strip and no part is located within a required Site Triangle. 3.25.7 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 minimum width of a driveway shall be 7 metres for Parking Areas with three (3) to ten (10) Parking Spaces, and 9 metres for 51 Parking Areas with more than ten (10) Parking Spaces. In all cases, the maximum driveway width shall be 9 metres. All driveway widths shall be measured along the Street Line. A driveway leading to any Loading Space(s) or Parking Area shall be defined by a curb of concrete or rolled asphalt and be maintained with a cement or asphaltic binder or any other permanent surfacing. This paragraph shall not apply to residential Dwellings with three (3) or less units. c) Aisles The minimum width of the Aisles between Parking Spaces within a Parking Area shall be as required in Appendix "C". d) Angle of Intersection The minimum angle of intersection between a driveway and a Street Line shall be 60 degrees. e) Number of Driveways Every Lot shall be limited to the following number of driveways: i) Two (2) 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 (1) additional driveway for each additional 30 metres of Lot Frontage. 3.25.8 Surface a) For any Residential Structure containing more than three (3) Dwelling Units, or for any Commercial, Industrial or Institutional Use, the required surface for a Parking Area shall be determined By Council through site plan agreement pursuant to Section 41 of the Planning Act R.S.O., 1990. As a minimum, such Parking Area shall be maintained with a stable surface that is treated to prevent the raising of dust or loose particles and shall have curb stops. b) For any residential Structure containing up to three (3) Dwelling Units, gravel shall be required as a minimum for surfacing any Parking Area. 3.25.9 Lighting Where lighting facilities are provided in conjunction with any Permitted Parking Area, such lighting shall be so arranged as to deflect light onto the Parking Area and away from adjoining properties. 3.25.10 Movement Lanes For Motor Vehicle Washing Establishments a) Automatic Motor Vehicle Washing Establishments shall have on their premises sufficient space for the storage and movement of at least five (5) Motor Vehicles in advance of and three (3) Motor Vehicles at the terminus of each wash line. b) Self-service Motor Vehicle Washing Establishments shall have on their premises sufficient space for the storage and movement of at least three (3) Motor Vehicles in advance of and one (1) Motor Vehicle at the terminus of each wash stall. 3.25.11 Restrictions in Residential Zones a) No Commercial Motor Vehicle that carries Dangerous Goods as defined in this By-law shall be parked or stored on a Lot in any Residential or Environmental Protection - Lakeshore Zone. b) The parking or storage of a boat, snowmobile, all-terrain vehicle, Travel Trailer, Motor Home or Commercial Motor Vehicle on a Lot is Permitted in any Residential or Environmental Protection - Lakeshore Zone as an Accessory Use to a Dwelling provided that none of the above are parked or stored in a Sight Triangle, a required Parking Space, a Front Yard, or an Exterior Side Yard. Notwithstanding, such items may be stored in a Front 52 Yard or Exterior Side Yard but not a Rear Yard of a Lot abutting Lake Huron or its beaches. Where a boat, snowmobile, all-terrain vehicle, Travel Trailer or Motor Home is parked or stored on a Lot, it shall comply with the Setbacks imposed on Accessory Buildings and Structures as stated in Section 3.3 of this By-law. (B/L 107/2010) 3.25.12 Modification by Council (B/L 107/2010) Where it is Council's opinion that the Parking Area regulations of Section 3.25 are inappropriate. Council may modify the provisions of Section 3.25 on a site specific basis through specific reference to alternative standards in a site plan agreement pursuant to Section 41 of the Planning Act R.S.O., 1990 and no minor variance or amendment to this by-law shall be required. 3.26 LOADING SPACE REGULATIONS 3.26.1 Spaces Required The Owner or occupant of any Lot, Building or Structure Erected or used in any Zone other than the Commercial 1 (C1) Zone for any purpose, involving the receiving, shipping, loading or unloading of Persons, animals, goods, wares, merchandise or raw materials, shall provide and maintain at the premises, facilities for loading. Loading Spaces shall measure at least 9 metres in length, 3.5 metres in width and have a vertical clearance of at least 4.5 metres. Loading Spaces shall be required in accordance with the following: GROSS FLOOR AREA OF MINIMUM NUMBER OF BUILDING OR STRUCTURE LOADING SPACES REQUIRED i) more than 280 m2 to 2,800 m2 1 ii) more than 2,800 m2 to 5,600 m2 2 Each additional 2,800 m2 of Gross Floor Area will require the addition of one (1) additional Loading Space. 3.26.2 Addition To Existing Uses When an Existing Building or Structure has insufficient Loading Space at the date of passing of this By-law to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. In the case of the expansion or enlargement of an Existing Building or Structure, the requirement for the provision of Loading Spaces shall be based on said addition. No additional Loading Spaces shall be required where an addition does not exceed 10% of the Gross Floor Area of the Building or Structure as it Existed on the date of the passing of this By- law. 3.26.3 Loading Spaces Maintenance Adequate drainage facilities are to be provided in accordance with the requirements of the Municipality. The required surfacing shall be determined by Council through site plan agreement pursuant to Section 41 of the Planning Act R.S.O., 1990. As a minimum, Loading spaces and approaches are to be maintained with a stable surface that is treated to prevent the raising of dust or loose particles. 3.26.4 Loading Spaces as Parking Spaces Any Loading Space in accordance with the provisions of Section 3.26.1 of this By-law may be used as a Parking Space and may form part of the parking requirements of Section 3.25.1 of this By-law provided said Loading Space does not form part of any Aisle. 3.26.5 Location The required Loading Space shall be provided on the Lot occupied by the Building or Structure for which the said Loading Spaces are required and shall not form a part of any Street, but may 53 form part of a Lane. Loading Spaces are to be located in the Rear Yard where a Lot has access at both the front and rear to a Lane, Street or Road. No Loading Space shall be located in, nor open onto any Yard adjacent to any Residential, Institutional, or Open Space Zone. 3.26.6 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. 3.26.7 Modification by Council (B/L 107/2010) Where it is Council's opinion that the Loading Space regulations of Section 3.26 are inappropriate. Council may modify the provisions of Section 3.26 on a site specific basis through specific reference to alternative standards in a site plan agreement pursuant to Section 41 of the Planning Act R.S.O., 1990 and no minor variance or amendment to this by-law shall be required. 3.27 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, provided 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. 3.28 SPECIAL PROVISIONS FOR THE KEEPING OF LIVESTOCK (B/L 107/2010) a) No Person shall keep Large Livestock on any Lot less than 0.6 ha. 3.29 SPECIAL PROVISION FOR DEVELOPMENT SURROUNDING ACTIVE AND CLOSED WASTE DISPOSAL SITES Any new development, or change of Use, on or within 500 metres of the perimeter of a known active or closed Waste Disposal Site as shown on Schedule "A" to this By-law or its parts shall demonstrate through testing by the province or its agent, that there is no migration of methane gas or leachate from the landfill site that would affect the development. 3.30 SPECIAL PROVISIONS FOR SEASONAL HOUSING In addition to the provisions for Dwellings of the Zones where Seasonal Housing is Permitted, Seasonal Housing: a) shall maintain a minimum Setback from all Lot Lines of 10 metres, in addition to other Zone minimum Setbacks; b) where located within 60 metres of a Street Allowance or a Dwelling on a separate Lot, Seasonal Housing shall be screened with a Planting Strip or an opaque fence or wall measuring a minimum of 1.8 metres in Height; c) shall have a minimum Gross Floor Area of 28 m2 total or 8m2 per occupant, whichever is greater, and a maximum Gross Floor Area of 90m2; d) Where an Existing Dwelling is used as a Seasonal Dwelling, the maximum Gross Floor Area shall not apply, provided the size is not increased and provided a second Dwelling is not Erected on the same Lot after the date of passing of this By-law; 54 e) Seasonal Housing shall be provided with electric light, with running water and plumbing, cooking, laundering and showering facilities within the Building, and with a separate room with a sink and a toilet connected to an Approved septic system; f) Seasonal Housing shall be Permitted only on Lots with a minimum Lot Area of 20 ha or in Existing Dwellings on any Lot; and, g) A maximum of one (1) Seasonal Dwelling shall be Permitted on a Lot. 3.31 ALTERNATIVE/RENEWABLE ENERGY SYSTEMS AND METEOROLOGICAL MASTS (B/L 118/21) In addition to the provisions under section 3.2 Uses Prohibited in all Zones, the following regulations and required studies will guide the zones, locations and setbacks of alternate/renewable energy systems (i.e. Wind Turbines, Bio-digesters). (B/L 118/21) 3.31.1 Wind Turbines Measurement a) Unless expressed otherwise, Wind Turbine height shall be measured from the ground, Structure or foundation on which the Wind Turbine tower rests to the centre of the rotor hub in the case of hub height or to the uppermost reach of the rotor blades in the case of total tower height. b) Setbacks specific to Wind Turbines shall be measured to centre of tower base. Other parts, including rotor blades, or Accessory Uses to a Wind Turbine shall be subject to the Setbacks applicable to other Uses in the applicable Zone. Size - Height - Number per Lot c) Maximum rotor diameter of a Wind Turbine shall be: i) 4m in a Residential, A3 or A4 Zone. ii) Equal to 1.3 times hub height in an A1, A2 or M4 Zone. iii) 12m in all other Zones. d) Maximum hub height from grade of a Wind Turbine shall be: i) 31m in a Residential Zone or on a Lot abutting a Residential Zone. ii) 110m in an A1, A2, or M4 Zone. iii) 45m in any other Zone. e) Other than a Permitted Wind Farm, no more than 2 Wind Turbines shall be located on any one Lot. f) Wind Turbines shall have a minimum hub height of 20m above grade. Setbacks - Location g) Wind Turbines shall be Erected in compliance with the following minimum Setbacks: i) total tower height from any Building on a separate Lot, Road Allowance, or above- ground public utility lines. ii) the lesser of hub height or 50m from a Lot Line other than a Road Allowance, or for a Wind Turbine with a rotor diameter of 6m or less, half hub height from a Lot Line abutting a cropped or pastured area in an Agricultural Zone. iii) 2000m from any contiguous group of four or more Lots primarily in a non-Agricultural Zone, for a Wind Turbine with a rotor diameter greater than 12m or a hub height greater than 45m. (B/L 15/2012) 55 iv) 300m from a Livestock Facility on a separate lot, other than a Manure Storage Facility, for a Wind Turbine with a rotor diameter greater than or equal to 12m. v) 250m from a Dwelling on a separate Lot, for a Wind Turbine with a rotor diameter less than 12m. vi) 2000m from a Dwelling on a separate Lot, for a Wind Turbine with a rotor diameter greater than or equal to 12m. (B/L 15/2012) h) Wind Turbines shall not be located in a Required Front or Exterior Side Yard. i) Where a separate Lot does not have a Dwelling located thereon, any Wind Turbine with a rotor diameter greater than or equal to 12m shall be located at a minimum Setback of 2000m from any portion of said Lot that is within 50m of said Lot's Front Lot Line. (B/L 15/2012) Wind Farms j) Any Lot having a Wind Turbine with a rated name plate capacity greater than 40kW and exceeding either of the following shall be considered a Wind Farm: i) 500 kW rated name plate capacity, or ii) 25.5 kW rated name plate capacity per hectare of Lot Area. k) Any Lot where the combined rated name plate capacity of the Wind Turbines located thereon is greater than 80kW and exceeds either of the following shall be considered a Wind Farm: i) 800 kW rated name plate capacity per Lot, or ii) 40 kW rated name plate capacity per hectare of Lot Area. 3.31.2 Meteorological Masts a) A Meteorological Mast's base shall be located a minimum of the tower's height from a Lot Line and 250m from a Dwelling on a separate Lot. b) Maximum height of a Meteorological Mast shall be 100m from grade. 3.31.3 General a) No advertising Signs except a manufacturer's logo shall be Permitted on a Wind Turbine or Meteorological Mast at a height greater than 6m above grade. b) The same minimum Setbacks that apply to Wind Turbines and Meteorological Masts in respect to a Dwelling on a separate Lot shall also apply with respect to the following: i) Vacant Lots in a Residential (R) or Environmental Protection - Lakeshore (EP-L) Zone ii) Institutional (I) Zones or Institutional Uses iii) Open Space 2 (OS2) Zones iv) Open Space 3 (OS3) Zones v) Mobile Home Park/Campground (MHP/Campground) Zones c) Wind Turbines and Meteorological Masts shall not be Permitted in the following Zones: i) Hazard (H) Zones ii) Wetland (WET) Zones iii) Woodlot (WD) Zones iv) Significant Natural Area (SNA) Zones iv) Environmental Protection - Lakeshore (EP-L) Zones 56 Section 3.32 Short-Term Rentals a) Dedicated Short-Term Rentals shall be prohibited in all zones. b) All Pre-Existing Short-Term Rentals and Primary Residence Short-Term Rentals shall be in compliance with By-Law 20 of 2025 and maintain a Short-Term Rental License. c) A Primary Residence Short-Term Rental shall be permitted with respect to the following: i. In any zone that permits a residential use; ii. In an Accessory Second Dwelling located on the same property as a Primary Residence; and iii. One Short-Term Rental Licence per property. d) A Short-Term Rental does not include Bed and Breakfast Establishment. 57 SECTION 4 - ZONES, ZONE SYMBOLS & ZONE MAPS 4.1 ESTABLISHMENT OF ZONES For the purpose of this By-law the Town of Plympton-Wyoming is divided into the following defined areas herein referred to as Zones: SECTION ZONE NAME SYMBOL 5 Agricultural 1 A1 6 Agricultural 2 A2 7 Agricultural 3 A3 8 Agricultural 4 A4 9 Residential 1 R1 10 Residential 2 R2 11 Residential 3 R3 12 Residential 4 R4 13 Residential 5 R5 13A 14 Residential 6 Central Commercial R6 C1 15 Highway Commercial C2 16 Rural Commercial C3 17 Service Centre Commercial C4 18 Mixed Commercial Industrial CM 19 Industrial M1 20 Light Industrial M2 21 Extractive Industrial M4 22 22A Institutional 1 (B/L 107/2011) Institutional 2 (B/L 107/2011) I1 I2 23 Mobile Home Park/Campground MHP/CG 24 Open Space 1 OS1 25 Open Space 2 OS2 26 Open Space 3 OS3 27 Wetland WET 28 Woodlot WD 29 Hazard H 30 Environmental Protection - Lakeshore EP-L 31 Significant Natural Area SNA 4.2 USE OF SYMBOLS The symbols listed in Subsection 4.1 may be used to refer to any of the Uses of land, Buildings and Structures Permitted by this By-law in the said Zones and whenever in this By- law the word "Zone" is used, preceded by any of the said symbols, such Zone shall mean any area delineated on the Zoning Maps and designated thereon by the said symbol. 58 4.3 HOLDING (H) SYMBOL 4.3.1 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 symbol once the conditions restricting development have been satisfied. 4.4 APPLICATION OF ZONES (B/L 107/2010) a) 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. b) In any Residential zone referenced in Table A, unless otherwise specified, those Uses in the Permitted Uses list not referenced in Table A shall only be permitted as Accessory or secondary to another Permitted use. This shall not include Uses specifically listed as Zone Exceptions or given alternative zone Regulations in the applicable Zone's section of the By-law. 4.5 INCORPORATION OF ZONING MAP The location and boundaries of the Zones established by this By-law are shown on the Zoning Maps hereto appended as Schedules A, and Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 to Schedule A which are hereby incorporated into and declared to form part of this By-law. 4.6 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 or Watercourse shall be included within the Zone of the adjoining property on either side thereof and where such Street, Lane, Right-of-Way or Watercourse serves as a boundary between two (2) or more different Zones, the centre line of such Street, Lane, Right- of-Way 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 or Watercourse, and where the boundary approximately follows Lot Lines, such Lot Lines shall be deemed to be the Zone boundary. c) Closed Street, Lane or Right-of-Way In the event a Street, Lane or Right-of-Way and the limits of any portion thereof is closed, the property formerly within such Street, Lane or Right-of-Way shall be included within the Zone adjoining the property, and where such Street, Lane, or Right-of-Way was a Zone boundary, the new Zone boundary shall be the former centre line of the closed Street, Lane or Right-of- Way. d) 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. The limits of these Conservation Authority regulated areas are shown for informational purposes on the Schedules to this By-law. 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, 59 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) Woodlot (WD), Wetland (WET) and Significant Natural Area (SNA) Zone boundaries (B/L 107/2010) shall be deemed to correspond with the limits of the natural feature it represents as such feature Existed on the date of passing of this By-law. Alterations of the natural feature's boundary through removal of trees or by other means subsequent to the date of passing of this By-law shall not alter the limits of the Zone boundary. Portions of a woodlot for which an exception from by-law 15 of 2002 (County of Lambton Tree Cutting By-law) has been obtained from the County of Lambton Woodlot Committee, however shall be deemed outside the Woodlot (WD) Zone boundary. f) Environmental Protection - Lakeshore (EP-L) Zones Where any Zone boundary is shown as following the limits of the Shoreline Management Plan, November 1996, the Zone boundary shall be deemed to include all portions of a Lot located under water and all land from the water's edge of Lake Huron to the extent of the Secondary Hazard Area, as defined in Section 30. g) Scale From Zoning Map Where any Zone boundary is left uncertain after application of the provisions of Section 4.6, subsections a), b), c), d), e) and f), of this By-law, then the boundary shall be determined by scale from the zoning maps to the centre of the Zone boundary line. 4.7 TABLE A (B/L 107/2010) a) No Person shall Erect or use any Building or Structure, or use any land or cause or permit any Building or Structure to be Erected or used, or cause or permit any land to be used, in any Zone except in conformity with the regulations as set out in Table A for that Zone. b) New Lots must comply with the Lot Area and Frontage requirements specified in Table A for the applicable Zone and Use of the Lot. c) Lot boundary adjustments that bring an Existing, legally Non-complying Lot closer to compliance with respect to Lot Area or Frontage shall not require a minor variance provided it does not result in the Non-Compliance or further Non-Compliance of another Lot with respect to Lot area or Frontage. d) The Zone Regulations of Table A that apply to a particular Use or Lot shall be those that correspond with the subsection number they are listed under in the applicable Zone's list of Permitted Uses. Where a Use is only Permitted as Accessory or secondary to another Use, the Zone Regulations applicable to the Use to which it is Accessory shall apply. Where another main Use may be Permitted and the applicable Zone Regulations are not specified elsewhere, the Zone Regulations applicable to the first Permitted Use listed in the Zone shall apply. e) Except where in an EP-L Zone or specified elsewhere within this By-law, no Dwelling shall be Erected within the Municipality with a Minimum Gross Floor Area less than the regulations listed below Table A. (B/L 42/2012) 60 SECTION 5 - AGRICULTURAL 1 (A1) ZONE 5.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in any Agricultural 1 (A1) Zone except for one or more of the following Uses: a) Agriculture, including one (1) Farm Dwelling; b) Single Detached Dwelling c) Animal Hospital Commercial Greenhouse Conservation Existing Cemetery Forestry Nursery Riding School Sawmill d) Bed and Breakfast Establishment Day Nursery Home Occupation Kennel Value Added Industry (B/L 107/2010) Additional Residential Units (refer to Section 3.8) (B/L 98 of 2025) e) Buildings, Structures and Uses Accessory to a Permitted Use 5.2 MINIMUM DISTANCE SEPARATION (B/L 19/2007) a) No new Dwelling or non-Agricultural Use, Building or Structure (including development on Existing Lots) is Permitted closer to a Livestock Facility on a separate Lot than 300m or the MDS I Setback calculated using Appendix "A" to this By-law, whichever is greater. Notwithstanding, only the MDS I setback shall apply to Livestock Facilities having a Livestock Housing Capacity of fewer than 25 Nutrient Units. b) No new Livestock Facility or Livestock Facility addition or reconstruction is Permitted closer to a Dwelling on a separate Lot, a Lot Line or a non-Agricultural Use, Building or Structure on a separate Lot, than the distance calculated using the MDS II formula found in Appendix "A" to this By-law. c) For a Livestock Facility existing on or before February 17, 1998, the MDS II from a Dwelling on a separate Lot shall be decreased by 20%, provided: i) The separation from the Dwelling is not decreased; ii) The new Livestock Facility is physically attached to the existing Livestock Facility; and, iii) The increase in Livestock Housing Capacity is no greater than 300% of the existing Livestock Housing Capacity. d) Application of subsections a) and b) shall be in accordance with the Minimum Distance Separation (MDS) Implementation Guidelines published by the Ontario Ministry of Agriculture, Food and Rural Affairs as updated from time to time, subject to the specific provisions of this By-law and Appendix "A" to the By-law and including the following: i) An Existing Dwelling may be replaced, despite not complying with subsection a), provided that the Existing separation is not further reduced. 61 ii) A Livestock Facility destroyed by fire or natural disaster may be replaced to the same general location, despite not meeting MDS II, provided the existing separation is not further reduced and the Factors A, B and D for the new Livestock Facility are no greater than those of the previous Livestock Facility. iii) A new non-Agricultural Lot, whether or not containing a Dwelling, shall comply with subsection a), even for Livestock Facilities already located on a separate Lot. iv) Subsection a) shall not apply where 4 or more non-Agricultural Uses are already closer to the Livestock Facility than the Use under consideration and where the Use under consideration is also closer to the same 4 or more non-Agricultural Uses than it is to the Livestock Facility. v) Cemeteries located in an Agricultural Zone shall be considered a Type A land Use for the purposes of MDS II. vi) MDS I and MDS II shall not apply to Buildings or Structures Accessory to a Dwelling or Buildings or Structures 10 m 2 or less in Ground Floor Area. vii) The required MDS I from an anaerobic digester or an associated co-substrate input tank shall be 125m. viii) The required MDS II for an anaerobic digester or an associated co-substrate input tank shall be 125m from a Type A Land Use, 250m from a Type B Land Use, 13m from an Interior Side Lot Line or Rear Lot Line and 25m from a Front or Exterior Side Lot Line. ix) Even if no building permit is required, MDS II shall apply to the conversion of any non-Livestock Building or Structure greater than 10 m2 in Ground Floor Area to use as a Livestock Facility. x) Where no building permit is required, Existing Livestock Facilities may be converted for use for a type of Livestock for which the Building was not previously used, designed or suited, despite not complying with MDS II, provided there is no increase in non-compliance through a resultant MDS II that is greater than that of the previous Use. xi) The capacity of Manure Storages that hold manure produced by Livestock not located on the Lot or "digestate" produced from an anaerobic digester shall be considered in determining the required MDS I and MDS II. xii) Calculations made using the MDS Computer Program Version 1.0.0 provided by the Ministry of Agriculture, Food and Rural Affairs shall be considered equivalent to calculations made using Appendix "A". xiii) For the purposes of Section 5.2 and the application of MDS, Type A Land Uses and Type B Land Uses, as defined in Section 2, are non-Agricultural Uses. (B/L 107/2010) 62 5.3 AGRICULTURAL 1 (A1) SPECIAL PROVISIONS 5.3.1 KENNELS & SAWMILLS No Kennel or Sawmill shall be Erected closer than 250 metres from a Residential, Open Space or Institutional Use on a separate Lot. 5.3.2 MAXIMUM SETBACKS FROM ROADS FOR DWELLINGS a) The distance between the Main Wall of a Dwelling and an abutting Streetline shall not exceed 50 metres. b) Replacement of an Existing Dwelling that does not comply with Section 5.3.2 a) is Permitted provided the distance is not further increased. c) Expansion of an Existing Dwelling that does not comply with Section 5.3.2 a) is Permitted. 5.3.3 REDUCED SETBACKS The minimum Required Front Yard and Exterior Side Yard shall be 8 metres for non- Agricultural Lots in the Agriculture 1 (A1) Zone having Frontage on the following sections of Roads: i) Egremont Road - Lot 10, Concession 9 ii) Mandaumin Road - from Pulse Creek Drain at Concession 3 to Canadian National Rail Right-of-Way at Concession 2. iii) Uttoxeter Road - Lots 24 & 25, South ½ Concession 9 5.3.4 Notwithstanding Section 5.2a), the minimum Required Setback from the Existing Livestock Facility to the southeast for the Non-Farm Dwelling and Lot created on Concession 7, Part Lot 24 by consent application B-17/05, granted by the Plympton- Wyoming Committee of Adjustment, shall be the existing Setback. (B/L 60/2006) 5.3.5 Reduction in Calculated MDS (By-law 67/2013) The calculated MDS, applicable between livestock facilities at 3976 London Line and the property at 5783 Camlachie Road, shall be reduced by 30 metres. 5.3.6 Reduction in Lot Size (By-law 67/2013) The agricultural parcel located at Concession 4, West Part Lot 10 except Part 1 of RP 25R6372 (Lot immediately south of 5783 Camlachie Road) shall be permitted to have a lot size of 18.4 hectares (45.4 acres). 5.3.7 Reduction in Lot Size (By-law 23/2019) The agricultural parcel located at Concession 9, West Part Lot 12 shall be permitted to have a lot size of 32 hectares (80.0) acres). 5.4 AGRICULTURAL 1 (A1) ZONE EXCEPTIONS The following Zones apply to unique or Existing situations and are not the standard A1 Zones. If a regulation or Use is not specified the list of Permitted Uses in Section 5.1 and/or the regulations of Table A shall apply. 5.4.1 AGRICULTURAL 1(1) A1(1) ZONE Permitted Uses a) Any Use Permitted in the A1 Zone b) Existing insulation business c) Buildings, Structures and Uses Accessory to a Permitted Use 63 Building Regulations i) Gross Floor Area: 83 m2 minimum for a Single Detached Dwelling; 600 m2 maximum for an insulation business Special Zone Regulations No unauthorized Open Storage shall be Permitted. The four (4) Existing trailers used for storage shall be Permitted. 5.4.2 AGRICULTURAL 1(2) A1(2) ZONE Permitted Uses a) Any Use Permitted in the A1 Zone b) Building or Contracting Establishment Light Industrial Use (Dry Industrial Uses only) c) Buildings, Structures and Uses Accessory to a Permitted Use Lot and Site Regulations - Building or Contracting Establishment i) Lot Area 0.6 ha minimum ii) Lot Frontage 50m minimum iii) Front Yard Depth 15m minimum iv) Side Yard Width 5m minimum or 20m where a Side Lot Line abuts a residential Use. v) Rear Yard Depth 10m minimum vi) Lot Coverage 40% maximum vii) Landscaped Open Space 30% minimum Open Storage Open Storage shall be limited to the Rear Yard and, in addition to the requirements of Section 3.15, shall be screened by an opaque fence measuring at least 2.5m in Height. 5.4.3 AGRICULTURAL 1(3) A1(3) ZONE Permitted Uses a) Any Use Permitted in the A1 Zone b) Existing Motor Vehicle Repair Establishment. Special Provisions - Motor Vehicle Repair Establishment a) The Motor Vehicle Repair Establishment shall be limited to the Existing drive shed. b) The Motor Vehicle Repair Establishment shall not exceed a Ground Floor Area of 166.5m2; c) Any associated outside Parking Area shall not exceed an area of 166.5 m2 immediately adjacent to the Building (BL 1/1997). 5.4.4 AGRICULTURAL 1(4) A1(4) ZONE Permitted Uses a) Any Use Permitted in the A1 Zone b) Group Home-Type 1 c) Buildings, Structures and Uses Accessory to a Permitted Use Special Provisions - Group Home-Type 1 64 a) A Group Home-Type 1 shall be subject to the same provisions of this By-law as a Non-Farm Dwelling. 5.4.5 AGRICULTURAL 1(5) A1(5) ZONE Permitted Uses a) Any Use Permitted in the A1 Zone b) Airport c) Buildings, Structures and Uses Accessory to a Permitted Use 5.4.6 AGRICULTURAL 1(6) A1(6) ZONE Permitted Uses a) Any Use Permitted in the A1 Zone b) Golf Driving Tee Or Range c) Buildings, Structures and Uses Accessory to a Permitted Use 5.4.7 AGRICULTURAL 1(7) A1(7) ZONE (B/L 85/2012) Permitted Uses a) Any Use Permitted in the A1 Zone b) Private Chapel Special Provisions - Private Chapel c) For the purposes of this section, "Private Chapel" means a Building or Structure that is an Accessory Use to the Owner or occupant of the Lot and used exclusively by same for their own private mediation and worship. d) Not more than one Private Chapel shall be Permitted on a Lot. e) A Private Chapel shall not exceed 20 square metres in Gross Floor Area and shall not exceed 5 metres in Height. f) A Private Chapel shall not be subject to MDS I requirements and shall not be a Use from which MDS II setbacks shall be measured. 5.4.8 AGRICULTURAL 1(8) A1(8) ZONE (B/L 107/2010) Permitted Uses a) Any Use Permitted in the A1 Zone b) Assembly Hall c) Buildings, Structures and Uses Accessory to a Permitted Use 5.4.9 AGRICULTURAL 1(9) A1(9) ZONE (OMB ORDER PL130262) Permitted Uses a) Any Use Permitted in the A1 Zone b) A small-scale agricultural-related trucking business that is limited to the dispatching of trucks used for transporting agricultural implements, machinery, and structure components. c) An ancillary shop, loading dock, and parking area for trucks and equipment when required at the location. d) Vehicle maintenance is limited to minor maintenance, cleaning and polishing. 65 Lot and Site Regulations e) Maximum Zone Area: 0.7 hectares (1.7 acres) f) That a 5 metre natural buffer be provided measured from the top of bank of the watercourse along the east side of the area subject to this site specific amendment to the satisfaction of the St. Clair River Conservation Authority. 5.4.10 AGRICULTURAL 1(10)h - A1(10)(h) ZONE B/L 23/20 Permitted Uses a) Any Use Permitted in the A1 Zone b) An event venue is permitted to operate within the bar existing as of the date of this zoning by-law amendment c) Short Term Rentals within the single-detached dwelling existing as of the date of this zoning by-law amendment (B/L 35 of 2025) d) Buildings, Structures and Uses Accessory to a Permitted Use Special Provisions e) Notwithstanding any other provision in the Zoning By-Law, the event venue will be recognized as a 'Type A' land use for the purposes of calculating Minimum Distance Separation I and II setback distances between the event venue and any livestock operations located near the subject lands which existed on the date of the passing of the By-Law. f) Notwithstanding any other provision in the Zoning By-law, the Minimum Distance Separation I setbacks for nearby livestock facilities shall be identified as the distance between the event venue as it exists on the date of the passing of this by-law, and the livestock barns located at Concession 13, West Part Lot 22 and Concession 12, Lot 23 West Part Lot 24 in the Town of Plympton-Wyoming. 5.5 - deleted (B/L 107/2010) SECTION 5A - NO DWELLING AGRICULTURAL (ND-A) ZONE (B/L 60/2006) 5.A1 PROHIBITED USES No land, Building, or Structure shall be used or Erected for the purposes of a Dwelling in the No-Dwelling Agricultural (ND-A) Zone. 5.A2 PERMITTED USES No land, Building, or Structure shall be used or Erected in the No-Dwelling Agricultural (ND-A) Zone except for one or more of the following Uses: a) Any Use Permitted in the Agricultural (A1) Zone, excluding a Dwelling of any kind. b) Buildings, Structures and Uses Accessory to a Permitted Use 5.A3 NO-DWELLING AGRICULTURAL (ND-A) SPECIAL PROVISIONS a) All site, building, zoning and other regulations or provisions of this by-law that are applicable in the "Agricultural 1 (A1) Zone", excluding Permitted and prohibited Uses, shall apply in the "No-Dwelling Agricultural (ND-A) Zone". 5.A4 NO-DWELLING AGRICULTURAL (ND-A) SPECIAL PROVISIONS (55 of 2025) The following Zones apply to unique or Existing situations and are not the standard 66 ND-A Zones. If a regulation or Use is not specified, the provisions applicable to the standard ND-A Zone at Sections 5.A1, 5.A2, 5.A3 shall apply. 5.A4.1 NO DWELLING AGRICULTURAL (1) ND-A (1) ZONE Special Provisions a) No land, Building, of Structure shall be used or Erected for the purpose of a Dwelling in the No Dwelling Agriculture (1) ND-A (1) Zone. b) The minimum required Lot Area for a Lot used for Agriculture shall be 37 hectares. c) In all other respects, the Permitted Uses and Zone provisions applicable to the Agriculture 2 (A2) Zone shall apply to lands in the ND-A(1) Zone. 67 SECTION 6 - AGRICULTURAL 2 (A2) ZONE 6.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in any Agricultural 2 (A2) Zone except for one or more of the following Uses: a) Agriculture, including one (1) Farm Dwelling, but excluding new Livestock Facilities Existing Livestock Facilities b) Single Detached Dwelling c) Animal Hospital Commercial Greenhouse Conservation Existing Cemetery Forestry Nursery Riding School d) Bed and Breakfast Establishment Day Nursery Home Occupation Value Added Industry (B/L 107/2010) Additional Residential Units (refer to Section 3.8) (B/L 98 of 2025) e) Buildings, Structures and Uses Accessory to a Permitted Use 6.2 MINIMUM DISTANCE SEPARATION All Buildings, Structures and Uses Erected or established in the A2 Zone shall comply with the separation requirements of Section 5.2. (B/L 19/2007) 6.3 AGRICULTURAL 2 (A2) SPECIAL PROVISIONS a) A minimum separation of 250 metres shall be maintained between Kennels and between Kennels and adjacent Residential, Open Space and Institutional Uses. b) Where an Existing Livestock Facility has a Livestock Housing Capacity less than or equal to twenty-five (25) Nutrient Units, the maximum Permitted Livestock Housing Capacity shall be twenty-five (25) Nutrient Units. (B/L 107/2010) c) The minimum Required Front Yard and Exterior Side Yard shall be 8 metres for non- Agricultural Lots in the Agriculture 2 (A2) Zone having Frontage on Egremont Road - Lots 1 to 18, Front Concession & Lots 7 to 9, Concession 9 d) On lands described as Parts of Lots 35, 36 & 37, Front Concession, west of Lakeshore Road, a minimum Lot Area of 13 hectares shall be Permitted. (B/L 33/2007) e) Nothwithstanding Table 'A; the minimum Lot sizes on the following Lots shall be as indicated: i) N Pt W ½ Lot 7, Con 9 Lot Area: 14 hectares Lot Frontage: 100 metres (B/L 3/2005) ii) Con 10, NW ¼ Lot 8 Lot Area: 19 hectares Lot Frontage: 120 metres (B/L 99/2012) 68 iii) Front Con, Part Lot 48 Lot Area: 29 hectares Lot Frontage: 40 metres (B/L 13/2013) 6.4 AGRICULTURAL 2 (A2) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard A2 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 6.1 and/or the regulations of Table A shall apply. 69 SECTION 7 - AGRICULTURE 3 (A3) ZONE 7.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Agriculture 3 (A3) Zone except for one or more of the following Uses: a) Single Detached Dwelling b) Bed and Breakfast Establishment Day Nursery Home Occupations Park Additional Residential Units (refer to Section 3.8) (B/L 98 of 2025) c) Buildings, Structures and Uses Accessory to a Permitted Use 7.2 HOLDING ZONES 7.3 AGRICULTURE 3 (A3) SPECIAL PROVISIONS 7.4 AGRICULTURE 3 (A3) ZONE EXCEPTIONS The following Zones apply to unique or Existing situations and are not the standard A3 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 7.1 and/or the regulations of Table A shall apply. 70 SECTION 8 - AGRICULTURE 4 (A4) ZONE 8.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Agriculture 4 (A4) Zone except for one or more of the following Uses: a) Single Detached Dwelling Agriculture, including one (1) Farm Dwelling b) Bed and Breakfast Establishment Day Nursery Home Occupations Park (B/L 107/2010) Additional Residential Units (refer to Section 3.8) (B/L 98 of 2025) c) Buildings, Structures and Uses Accessory to a Permitted Use 8.2 MINIMUM DISTANCE SEPARATION All Buildings, Structures and Uses Erected or established in the A4 Zone shall comply with the separation requirements of Section 5.2. (B/L 19/2007) 8.3 AGRICULTURE 4 (A4) SPECIAL PROVISIONS 8.4 AGRICULTURE 4 (A4) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard A4 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 8.1 and/or the regulations of Table A shall apply. 71 SECTION 9 - RESIDENTIAL 1 (R1) ZONE 9.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Residential 1 (R1) Zone except for one or more of the following Uses: a) Single Detached Dwelling Group Home - Type 1 (B/L 107/2010) b) Church, in compliance with the provisions applicable to a Single Detached Dwelling (B/L 107/2010) Park c) Bed and Breakfast Establishment Day Nursery Home Occupations Additional Residential Units (refer to Section 3.8) (B/L 98 of 2025) d) Buildings, Structures and Uses Accessory to a Permitted Use 9.2 HOLDING ZONES 9.2.1 RESIDENTIAL 1 R1(H) ZONE Permitted Uses a) Existing Single Detached Dwellings Site Regulations The minimum Lot Area and Lot Frontage shall remain as they lawfully Existed on the date of passing of this By-law. The Renovation, Replacement or expansion of Existing Dwellings shall be Permitted in compliance with the provisions of the Residential 1 (R1) Zone. Buildings, Structures and Uses Accessory to an Existing Dwelling shall be Permitted in compliance with the provisions of the Residential 1 (R1) Zone. Provisions for the removal of the Holding "H" Symbol To ensure the orderly development of lands and the adequate provision of municipal services, the "H" symbol shall not be deleted until a subdivision agreement or development agreement is entered into, for the lands in question, with the Municipality. 9.2.2 RESIDENTIAL 1(H)1 R1(H)1 ZONE Permitted Uses a) Any Use Permitted in the R1(H) Zone b) Any Use Permitted in the R1 Zone Site Regulations New Uses shall comply with the provisions of the R1 Zone, except that Lot Frontage and Lot Area shall be as Existed on the date of passing of this By-law. Provisions for the removal of the Holding "H" Symbol The "H" symbol shall be removed only when the lots are fully serviced. 9.2.3 RESIDENTIAL 1(H2) R1(H2) B/L 4 of 2024 Permitted Uses a) Any Use Permitted in the Residential 1 (R1) Zone 72 Site Regulations New Uses shall comply with the provisions of the Residential 1 (R1) Zone. Provision for the Removal of the Holding (H) Symbol The "H" symbol shall be removed only when the lands are fully services to the satisfaction of the Municipality. 9.3 RESIDENTIAL 1 (R1) SPECIAL PROVISIONS a) Notwithstanding Sections 3.16.5 and 5.2 a), Minimum Distance Separation, Single Detached Dwellings are Permitted on lands described as Concession 2, Pt Lt 15 Pt Being RP 25R1561 Pt 2 & 25R1501 Pts 1, 3 and 4, in accordance with the Residential 1 (R1) Zone Provisions. b) In addition to the Permitted Uses listed in Section 9.1, a Clinic will be permitted on Lot 7, RP 558 (known as 4490 Confederation Line). 9.4 RESIDENTIAL 1 (R1) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard R1 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 9.1 and/or the regulations of Table A shall apply. 9.4.1 RESIDENTIAL 1 (1) R1(1) ZONE Site Regulations a) The following Lots shall have a minimum Front Yard Depth of 26 metres: i) Concession 1 Part Lot 15, 25R3109 Part 3 ii) Concession 1 Part Lot 15, 25R3109 Part 2 iii) Concession 1 Part Lot 15, 25R6467 Parts 8 & 11 b) The following Lots shall have a minimum Front Yard Depth of 21 metres: i) Concession 1 Part Lot 15, 25R6193 Parts 1& 5 ii) Concession 1 Part Lot 15, 25R6193 Parts 2 & 6 iii) Concession 1 Part Lot 15, 25R6370 Parts 1, 2, 4 & 5 9.4.2 RESIDENTIAL 1(2) R1(2) ZONE B/L 4 of 2024 Permitted Uses a) Existing Single Detached Dwelling on a Private Septic System Site Regulations a) Minimum Lot Area: 1.12 Ha b) Minimum Lot Frontage: 69 metres The Renovation, Replacement or expansion of the Existing Dwelling shall be in compliance with the Residential 1 (R1) Zone. Buildings, Structures and Uses Accessory to an Existing dwelling shall be Permitted in compliance with the provisions of the Residential (R1) Zone. 9.4.3 RESIDENTIAL 1(3) R1(3) ZONE B/L 138 OF 2024 Permitted Uses a) Any Use Permitted in the R1 Zone b) Existing Buildings, Structures and Uses Accessory to a permitted use. 73 The Renovation, Replacement or expansion of the existing Accessory Building shall not be permitted until a dwelling is placed on the property and shall be in compliance with section 3.3.3. & 3.3.4. 74 SECTION 10 - RESIDENTIAL 2 (R2) ZONE 10.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Residential 2 (R2) Zone except for one or more of the following Uses; a) Single Detached Dwelling Semi-Detached Dwelling Duplex Dwelling Group Home - Type 1 (B/L 107/2010) b) Church, in compliance with the provisions applicable to a Single Detached Dwelling (B/L 107/2010) Park c) Bed and Breakfast Establishment Day Nursery Home Occupations Additional Residential Units (refer to Section 3.8) (98 of 2025) d) Buildings, Structures and Uses Accessory to a Permitted Use 10.2 HOLDING ZONES 10.2.1 RESIDENTIAL 2 R2(H) ZONE Permitted Uses Uses lawfully existing on the day this By-law was passed. Provisions for the removal of the Holding "H" Symbol To ensure the orderly development of lands and the adequate provision of municipal services, the "H" symbol shall not be deleted until a subdivision agreement or development agreement is entered into, for the lands in question, with the Municipality. 10.3 RESIDENTIAL 2 (R2) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard R2 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 10.1 and/or the regulations of Table A shall apply. 10.3.1 RESIDENTIAL 2(1) R2(1) ZONE Permitted Uses a) Any Use Permitted in the R2 Zone b) Four-plex Dwelling c) Buildings, Structures and Uses Accessory to a Permitted Use Site Regulations - Four-plex Dwelling i) Lot Area: 740 m2 minimum ii) Lot Frontage: 24 metres minimum iii) Side Yard Width: 4.8 metres minimum for an Exterior Side Yard; 2.5 metres minimum for an Interior Side Yard. iv) Rear Yard Depth: 6 metres minimum v) Minimum Landscaped Open Space: 30% minimum 75 Building Regulations i) Building Height: 12 metres maximum Parking Regulations i) The minimum Parking Space length for a Four-Plex Dwelling shall be 5.5 metres. 10.3.2 RESIDENTIAL 2(2) R2(2) ZONE Prohibited Uses a) Semi-Detached Dwelling Duplex Dwelling b) Converted Dwelling c) Group Home - Type 1 d) Private Swimming Pool 10.3.3 RESIDENTIAL 2(3) R2(3) ZONE Permitted Uses a) Any Use Permitted in the R2(2) Zone b) Private Swimming Pools on Front Concession, Lot 43 only c) Cottages d) Buildings, Structures and Uses Accessory to a Permitted Use Special Provisions e) More than one Cottage shall be Permitted on a Lot f) On Front Concession, Part Lot 51, the Erection of cottages and Single Detached Dwellings shall be subject to Sections 30.6.3 c), d), e), f) and g). (B/L 107/2010) 10.3.4 RESIDENTIAL 2(4) R2(4) ZONE (B/L 106/07) Prohibited Uses a) Semi-Detached Dwelling b) Duplex Dwelling Site Regulations c) The Minimum Required Exterior Side Yard and Front Yard Setbacks of the Main Building shall be the Existing Exterior Side Yard Width and Front Yard Depth. d) the maximum Permitted Building Height of the Main Building shall be the Existing Building Height. e) the Maximum Permitted Accessory Building Height shall be 6.5 metres. 76 10.3.4.1 HOLDING ZONE - RESIDENTIAL 2(4) R2(4)H ZONE (B/L 106/2007) Permitted Uses Any use Permitted in the R2(4) Zone except for an Accessory Building greater than 4.5m in Building Height. Provisions for the Removal of the Holding Symbol To ensure an accessory building that is in character with the surrounding residential uses and to ensure a building design that minimizes the potential for uses that may be inappropriate in a residential area, the "H" symbol shall not be deleted until a development agreement is entered into with the Municipality for the lands in question, which addresses the layout of the lot and the design and character of any accessory buildings. 10.3.5 RESIDENTIAL 2(5) R2(5) ZONE (B/L 32/2014) Permitted Uses a) Single Detached Dwelling b) Semi-Detached Dwelling c) Buildings, Structures and Uses Accessory to a Permitted Use Special Site Regulations for Semi-Detached Dwelling i) Lot Frontage: 9.5 metres/dwelling unit minimum ii) All other R2 site regulations for semi-detached dwellings apply Provisions for the removal of the Holding "H" Symbol To ensure the orderly development of lands and the adequate provision of municipal services, the "H" symbol shall not be deleted until a subdivision agreement or development agreement is entered into, for the lands in question, with the Municipality. 10.3.6 RESIDENTIAL 2(6) R2(6) ZONE (B/L 83/2020) Permitted Uses a) Semi-Detached Dwelling b) Buildings, Structures and Uses Accessory to a Permitted Use Special Site Regulations for Semi-Detached Dwelling i) Lot Frontage: 9.3 metres/dwelling unit minimum ii) Lot Area: 370m2 minimum iii) Lot Coverage: 45% iv) All other R2 site regulations for semi-detached dwellings apply 77 SECTION 11 - RESIDENTIAL 3 (R3) ZONE 11.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Residential 3 (R3) Zone except for one or more of the following Uses: a) Townhouse Dwelling Street Townhouse Dwelling Multiple Dwelling (B/L 107/2010) b) Church, in compliance with the provisions applicable to a Townhouse Dwelling (B/L 107/2010) Converted Dwelling Park c) Home Occupations Additional Residential Units (refer to Section 3.8) (98 of 2025) d) Buildings, Structures and Uses Accessory to a Permitted Use 11.2 HOLDING ZONES 11.3 RESIDENTIAL 3 (R3) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard R3 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 11.1 and/or the regulations of Table A shall apply. 11.3.1 RESIDENTIAL 3(1) R3(1) ZONE Site Regulations - Multiple Dwelling i) Lot Area: 0.8 hectares minimum ii) Lot Frontage: 15 metres minimum iii) Front Yard Depth: 3.8 metres minimum iv) Side Yard Width: 7.5 metres minimum v) Rear Yard Depth: 4.5 metres minimum Building Regulations i) Height: 12.5 metres maximum Parking Regulations i) Multiple Dwelling 1.3 Parking Spaces per Dwelling Unit 11.3.2 RESIDENTIAL 3(2) R3(2) ZONE Site Regulations - Townhouse i) Lot Area: 1850 m2 minimum ii) Front Yard Depth: 4.5 metres minimum iii) Exterior Side Yard Width: 4 metres minimum iv) Interior Side Yard Width 11.7 metres minimum v) Rear Yard Depth: 2.5 metres minimum vi) Lot Coverage 45% maximum vii) Minimum Landscaped Open Space 30% minimum 78 Site Regulations - Street Townhouse i) Lot Area: 240 m2/unit minimum ii) Front Yard Depth: 4 metres minimum iii) Exterior Side Yard Width: 4.5 metres minimum iv) Interior Side Yard Width 2.5 metres minimum or 0 metres where abutting another Street Townhouse v) Rear Yard Depth: 11.7 metres minimum vi) Lot Coverage 45% maximum Building Regulations - Townhouse or Street Townhouse i) Height: One Storey maximum Special Provisions The adjacent municipal lane may be used to meet minimum aisle width requirements for the Parking Area. 11.3.3 RESIDENTIAL 3(3) R3(3) ZONE Site Regulations - Multiple Dwelling i) Minimum Lot Area: 300 m2 per Dwelling Unit ii) Front Yard Depth: 6 metres minimum iii) Side Yard Width: 3 metres minimum or 6 metres where a Side Yard Lot Line abuts any Residential Zone or Use. iv) Rear Yard Depth: 6 metres minimum 11.3.4 RESIDENTIAL 3(4) R3(4) ZONE Site Regulations - Multiple Dwelling i) Minimum Lot Area: 1858 m2 minimum ii) Front Yard Depth: 7.6 metres minimum iii) Side Yard Width: 4.5 metres minimum iv) Rear Yard Depth: 7.6 metres minimum Parking Requirements - senior citizen's apartment owned and operated by the Corporation or the Ontario Housing Corporation i) A minimum of 0.5 Parking Spaces per Dwelling Unit shall be required. 11.3.5 RESIDENTIAL 3(5) R3(5) ZONE Site Regulations - Multiple Dwelling i) Minimum Lot Area: 2475 m2 ii) Front Yard Depth: 6 metres minimum iii) Side Yard Width: 4.5 metres minimum iv) Rear Yard Depth: 7 metres minimum 11.3.6 RESIDENTIAL 3(6) R3(6) ZONE Site Regulations - Townhouse i) Minimum Lot Area: 167 m2 per Dwelling Unit 79 ii) Rear Yard Depth: 7.6 m minimum 11.3.7 RESIDENTIAL 3(7) R3(7) ZONE (B/L 49/2014) Permitted Uses a) Street Townhouse Dwellings Site Regulations a) Lot Area: 575 sq m/unit minimum b) Front Yard Depth: 6 metres minimum c) Side Yard Width: 3 metres minimum or 0 metres where abutting another Street Townhouse d) Rear Yard Depth: 10 metres minimum e) Lot Coverage: 45% maximum f) Landscaped Open Space: 30% minimum Building Regulations a) Height: One Storey maximum 11.3.7 HOLDING ZONE - RESIDENTIAL 3(7) R3(7)(H) ZONE (B/L 49/2014) Permitted Uses Provisions for the removal of the Holding "H" Symbol To ensure the orderly development of lands and the adequate provision of municipal services, the "H" symbol shall not be deleted until a subdivision agreement or development agreement is entered into, for the lands in question, with the Municipality. 11.3.7 RESIDENTIAL 3(8) R3(8) ZONE (B/L 3/2025) Permitted Uses a) Townhouse Dwelling Building Regulations i) Rear Yard Setback: 7.0 metres 11.3.8 HOLDING ZONE - RESIDENTIAL 3(8) R3(8)(H) (B/L 3/2025) Permitted Uses Provisions for the removal of the Holding "H" symbol To ensure the orderly development of lands and the adequate provision of municipal services, the "H" symbol shall not be deleted until a development agreement is entered into, for the lands in question, with the Municipality. 80 SECTION 12 - RESIDENTIAL 4 (R4) ZONE 12.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Residential 4 (R4) Zone except for one or more of the following Uses: a) Cluster Housing, consisting of dwellings similar in form to Single Detached Dwellings, Semi-Detached dwellings and/or Townhouses. b) Golf Courses Golf Driving Range c) A maximum of five (5) Accessory Apartment Dwellings on a Lot, located in the Existing storage facility (3) and farmhouse (2). d) Buildings, Structures and Uses Accessory to a Permitted Use 12.2 RESIDENTIAL 4 (R4) SPECIAL PROVISIONS Site Regulations a) Top-of-Bank Setback: 10m minimum, notwithstanding Section 3.16.1 Building Regulations a) Ground Floor Area: 80m2 minimum per Dwelling Unit 12.3 RESIDENTIAL 4 (R4) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard R4 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 12.1 and/or the regulations of Table A shall apply. 12.3.1 RESIDENTIAL 4(1) R4(1) ZONE (B/L 9/2018) Note: The following regulations and the provisions and definitions of By-law 97 of 2003 applicable to a "Lot", as defined in Section 2, shall apply to a "Unit" within a registered plan of condominium with appropriate modifications. Permitted Uses a) Single Detached Dwelling b) Townhouse Site Regulations - Single Detached Dwelling (1) a) Lot Frontage: 9.6 metres minimum b) Lot Area: 350 square metres minimum c) Lot Coverage: 65% maximum d) Front Yard Depth: 3 metres minimum to dwelling & 6 metres minimum to garage e) Interior Side Yard Width 0.6 metre & 1.2 metres minimum (2) f) Rear Yard 0.0 metre minimum (3) g) Building Height 11.0 metres maximum h) Landscaped Open Space 8% minimum General Provisions 81 (1) For the purpose of applying zoning regulations, lot lines abutting Turnberry Lane are to be considered as the front lot line and the lot lines abutting Egremont Road and Lakeshore Road are to be considered the rear lot lines. (2) In no case shall adjacent buildings be closer than 1.8 metres to each other. (3) If abutting a public road, the Minimum Rear Yard Depth shall be 3.0 metres. Site Regulations - Townhouse (1) a) Lot Frontage: 30 metres minimum b) Lot Area: 950 square metres minimum c) Lot Coverage: 65% maximum d) Front Yard Depth: 3 metres minimum to dwelling & 6 metres minimum to garage e) Interior Side Yard Width 1 metre minimum f) Exterior Side Yard 3 metres minimum g) Rear Yard 0.0 metre minimum (2) h) Building Height 11.0 metres maximum i) Landscaped Open Space 25% minimum General Provisions (1) For the purpose of applying zoning regulations, lot lines abutting Turnberry Lane are to be considered as the front lot line and the lot lines abutting Egremont Road and Lakeshore Road are to be considered rear lot lines. (2) If abutting a public road, the Minimum Rear Yard Depth shall be 3.0 metres. 82 SECTION 13 - RESIDENTIAL 5 (R5) ZONE 13.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Residential 5 (R5) Zone except for one or more of the following Uses: a) Single Detached Dwelling Group Home - Type 1 (B/L 107/2010) b) Church, in compliance with the provisions applicable to a Single Detached Dwelling (B/L 107/2010) Park c) Bed and Breakfast Establishment Day Nursery Home Occupations Additional Residential Units (refer to Section 3.8) (B/L 98 of 2025) d) Buildings, Structures and Uses Accessory to a Permitted Use 13.2 HOLDING ZONES 13.2.1 RESIDENTIAL 5 (H) R5(H) ZONE Permitted Uses Uses lawfully Existing on the day this By-law was passed and Uses Accessory thereto. Site Regulations The minimum Lot Area and Lot Frontage shall remain as they lawfully existed on the date of passing of this By-law. The Renovation, Replacement or expansion of Existing Dwellings shall be permitted in compliance with the provisions of the Residential 5 (R5) Zone. Buildings, Structures and Uses Accessory to an Existing Dwelling shall be permitted in compliance with the provisions of the Residential 5 (R5) Zone. Provisions for the removal of the Holding "H" Symbol To ensure the orderly development of lands and the adequate provision of municipal services, the "H" symbol shall be removed only when an approved plan of subdivision or consent to sever has been obtained from the appropriate approval authority and a subdivision agreement or development agreement is entered into, for the lands in question, with the Municipality. Pursuant to Section 36 of the Planning Act, R.S.O. 1990, once the "H" symbol is removed by a By-law passed under Section 34 of the Planning Act, R.S.O. 1990, the provisions of the R5 Zone shall prevail. 13.2.2 RESIDENTIAL 5 (H)1 R5(H)1 ZONE In addition to the regulations of Section 13.2.1, the following provisions for the removal of the Holding "H1" Symbol shall apply: To ensure proper regard is given to the natural heritage features of the property, the "H1" symbol shall be removed only when an environmental evaluation has been completed in accordance with the natural heritage policies of the Official Plan for the purpose of evaluating natural heritage features on the property and to provide recommendations for their protection and enhancement. Such recommendations are to be reviewed by the local Conservation Authority or otherwise to the satisfaction of the Municipality and shall be included as part of any subdivision agreement. 83 13.2.3 RESIDENTIAL 5 (H)2 R5(H)2 ZONE (B/L 42/2010) a) Within the R5(H)2 Zone, only Uses Accessory to a Dwelling located on the same Lot shall be Permitted. b) No Structures shall be Erected closer than 14.5m from the easterly Lot Line. c) The "H2" Holding symbol shall be removed from the easterly-most 10m of the Lot only when this 10m has been dedicated as a new Street Allowance or portion thereof and further, shall be removed only when the Lot owner has been duly compensated fair market value. Such Person as is instigating any development that creates the need for the new Street Allowance shall provide the compensation. Compensation shall not be required if the Lot owner is himself participating in the development by creating new Lots with Frontage on the new Street Allowance. d) On the balance of the lands affected by the "H2" Holding symbol, the "H2" Holding symbol shall be removed only when a plan of subdivision or consent to sever is obtained from the appropriate approval authority. 13.2.4 RESIDENTIAL 5 (H)3 R5(H)3 ZONE (B/L 34/2016) Permitted Uses Uses lawfully Existing on the day this By-law was passed and Uses Accessory thereto. Provisions for the removal of the Holding "H" Symbol To ensure the orderly development of lands and the adequate provision of municipal services, the "H" symbol shall be removed only when an approved plan of subdivision or consent to sever has been obtained from the appropriate approval authority and a subdivision agreement or development agreement is entered into, for the lands in question, with the Municipality. 13.3 RESIDENTIAL 5 (R5) SPECIAL PROVISIONS a) Notwithstanding Table A to the contrary, the property located on Part of Lot 13, Front Concession (known as 3398 Schram Drive) shall have a minimum Side Yard Width of 0.5 metres where there is an Attached Private Garage or Carport. b) Notwithstanding Table A to the contrary, the property located on Part of Lot 51, Front Concession and subject to Official Plan Amendment No. 18 to the former Township of Plympton Official Plan shall have a minimum Lot Area of 1.5 hectares. c) Designation of the Lot located in the Front Concession, Part Lot 22 and known municipally as 7096 Bonnie Doone Road (as of the passing of By-law 17 of 2014) to the Residential 5 (R5) Zone, subsequent creation of residential Lots, and development for the Uses Permitted by the R5 Zone shall be Permitted notwithstanding the Lot being located 173 metres from an Existing Livestock Facility. (B/L 17/2014) 13.4 RESIDENTIAL 5 (R5) ZONE EXCEPTIONS The following Zones apply to unique or Existing situations and are not the standard R5 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 13.1 and/or the regulations of Table A shall apply. 13.4.1 - deleted (B/L 107/2010) 13.4.2 RESIDENTIAL 5(2) (R5)2 ZONE (B/L 42/2004) 84 Permitted Uses a) Any Use Permitted in the R5 Zone b) Semi-Detached Dwelling c) Buildings, Structures and Uses Accessory to a Permitted Use Site Regulations - Semi-Detached Dwelling i) Lot Area 480 square metres minimum per Dwelling Unit ii) Lot Frontage 11.5 metres minimum per Dwelling Unit iii) Side Yard Width 2.4 metres minimum (if no attached garage) or 1.2 metres minimum (if attached garage); and 0 metres where attached to another semi-detached dwelling iv) Other Site Regulations the same as those of a Single Detached Dwelling 13.4.3 RESIDENTIAL 5(3) (R5)3 ZONE (B/L 11/2007) Site Regulations a) Front Yard Setback 15m minimum b) Top of Bank Setback 8m minimum 13.4.4 RESIDENTIAL 5(4) (R5)4 ZONE (B/L 112/2008) Site Regulations a) Lot Area 540 m2 minimum b) Exterior Side Yard 4.5 m minimum c) Front yard 6m minimum Holding Provision d) The provisions of Section 13.2.1 shall apply for the removal of the Holding (H) symbol from the R5(4) H Zone. Pursuant to Section 36 of the Planning Act, R.S.O. 1990, once the "H" symbol is removed by a By-law passed under Section 34 of the Planning Act, R.S.O. 1990, the provisions of the R5(4) Zone Exception shall prevail. 13.4.5 RESIDENTIAL 5(5) (R5)5 ZONE (B/L 112/2008) Site Regulations a) Lot Area 700 m2 minimum b) Lot Frontage 16.5m minimum c) Interior Side Yard 1.2m minimum one side, 21. 2m minimum other side d) Exterior Side Yard 1.2m minimum e) Front Yard 12m minimum 13.4.6 RESIDENTIAL 5(6) (R5)6 ZONE (B/L 26/2009) 85 Special Provisions a) Required Front Yard Setback 12m minimum b) All other provisions shall be the same as those of the standard R5 Zone. 13.4.7 RESIDENTIAL 5(7) (R5)7 ZONE (B/L 51/2018) Permitted Uses a) Any Use Permitted in the R5 Zone b) Buildings, Structures and Uses Accessory to a Permitted Use Site Regulations c) Minimum Lot Frontage 24m(1) d) Minimum Lot Area 2000m2 (2) e) Minimum Yard Setbacks: Front: 8m(3) Interior Side 2.4m Exterior Side 6m Rear 8m(4) General Provisions (1) Notwithstanding section 13.4.7(c), the minimum lot frontage of Lots 7 and 8 of Draft Plan approved 38T-18004 shall be 9m. (2) Notwithstanding section 13.4.7(d), the minimum lot area of Lot 12 of Draft Plan approved 38T-18004 shall be 1400 m2. (3) Notwithstanding section 13.4.7(e), the minimum front yard setback of Lots 11 and 12 of Draft Plan approved 38T-18004 shall be 6m. (4) Notwithstanding section 13.4.7(e), the minimum rear yard setback shall be measured from the Environmental Protection - Lakeshore (5) ((EP-L(5)) line as staked and registered on title. Notwithstanding section 13.4.7(e), the minimum rear yard setback of Lot 11 of Draft Plan approved 38T-18004 shall be 5m. Notwithstanding section 13.4.7(e), the minimum rear yard setback of Lot 12 of Draft Plan approved 38T-18004 shall be 6m. 13.4.8 RESIDENTIAL 5(8) (R5)8 ZONE (B/L 51/2018) (B/L 78/2019) Permitted Uses a) Any Use Permitted in the R5 Zone b) Buildings, Structures and Uses Accessory to a Permitted Use Site Regulations c) Minimum Lot Frontage 24m(1) d) Minimum Lot Area 2900m2 (2) e) Minimum Yard Setbacks: Front: 6m Interior Side 2.4m Rear 6m(3) 86 General Provisions (1) Notwithstanding section 13.4.8(c), the minimum lot frontage of Lot 10c, to be a Part on a Registered Plan, shall be 11m. (2) Notwithstanding section 13.4.8(d) the minimum lot size of Lot 10a, to be a Part on a Registered Plan, shall be 2300m2. (3) Notwithstanding section 13.4.8(e), the minimum rear yard setback shall be measured from the Environmental Protection-Lakeshore (5) ((EP-L(5)) line as staked and registered on title. 13.4.9 RESIDENTIAL 5(9) (R5)9 ZONE (B/L 21/2021) Permitted Uses a) Any Use Permitted in the R5 Zone b) Buildings, Structures and Uses Accessory to a Permitted Use Site Regulations c) Minimum Lot Frontage 25m d) Minimum Lot Area 900m2 Accessory Buildings and Structures in These Residential 5 (R5) Zones (B/L 51/2018) Notwithstanding Section 3.3.3 f), the minimum rear yard setback shall be measured from the Environmental Protection-Lakeshore (5) ((EP-L(5)) line as staked and registered on title. 13.5. RESIDENTIAL 5(R5) TEMPORARY USES (T) (B/L 28/2021) 13.5.1 RESIDENTIAL 5 (T3) TEMPORARY USE Permitted Uses a) Any Use Permitted in the R5 Zone b) "Backyard Hens" as per this by-law c) Buildings, Structures and Uses Accessory to a Permitted Use Site Definitions d) "Backyard Hen" means a domesticated biological female chicken that is a minimum of four (4)months old and is not located on a Farm. "Hen Coop" means a fully enclosed weatherproof and tamperproof building or structure to be included within the Hen Run, as defined herein, where Backyard Hen(s) are kept and the interior of which includes nest boxes for egg laying, perches for the Backyard Hen(s) and food and water containers. "Hen Enclosure" means the combination of a Hen Run and a Hen Coop together. "Hen Run" means a standalone secure enclosure (meaning not attached to or supported by any building or structure save and except the Hen Coop, as defined herein) that allows Backyard Hen(s) access to the outdoors within a limited area. "Obnoxious Odours" means any odour which can be detected off the Lot and which constitutes an unreasonable interference with the enjoyment of one or 87 more neighbouring properties, as assessed by a Municipal Law Enforcement Officer, acting reasonably. "Rooster" means a domesticated biological male chicken that is a minimum of four (4) months old and is not located on a Farm. Site Regulations e) Backyard Hen Enclosure(s) shall be setback a minimum of 2 metres from rear and interior side lot lines and a minimum of 4.5 metres from exterior lot lines and shall be no closer to the closest wall of a dwelling, school or day care centre than 5 metres. f) All permitted Backyard Hens shall be kept in a fully enclosed Hen Enclosure in a manner than contains the Backyard Hens on the Lot and prevents their escape from such Hen Enclosure. g) Backyard Hens shall not be kept on any Lot except where: i) A Hen Enclosure, consisting of a Hen Coop and Hen Run, is provided on the Lot and has a maximum of 10 metres square in total gross floor area. ii) The Hen Enclosure has a maximum height of 3 metres. iii) The Hen Coop, included in the Hen Enclosure, shall be enclosed on all sides, if not buried. h) No more than ten (10) Backyard Hen(s) are permitted as of the date of passing of this by-law to be reduced to six (6) as the flock reduces naturally. The maximum number will be reduced to six (6) Backyard Hen(s) on a single lot. i) The keeping of a Rooster is strictly prohibited. j) Backyard Hen(s) must be provided with access to feed and clean water at all times, such feed and water shall be kept in solid tamperproof containers outside the Hen Coop. Uneaten feed shall be removed in a timely manner. k) Backyard Hen(s) must be provided with shelter, light, ventilation, veterinary care, and opportunities for essential behaviours, all sufficient to maintain the hen in good health. l) All permitted Backyard Hen(s) shall be kept in a fully enclosed Hen Enclosure in a manner that contains the Backyard Hens on the Lot and prevents their escape from such Hen Enclosure. m) All manure shall be stored within a fully enclosed waterproof container covered by a fully enclosed structure or weatherproof container. No more than 0.08 cubic metres (2.8 cubic feet) of manure shall be stored on the Lot at a time. All manure shall be disposed of properly on a regular basis. n) The slaughtering or killing of Backyard Hen(s) on site is strictly prohibited. o) The selling of eggs, manure or other products derived from Backyard Hen(s) is prohibited. 88 p) All deceased Backyard Hen(s) shall be disposed of promptly through the services of a veterinarian, at a livestock disposal facility or through a facility approved by the Ministry of Agriculture, Food and Rural Affairs and are disposed of in accordance with all applicable laws. q) No Obnoxious Odours may be emitted in connection with the keeping of Backyard Hen(s) or the presence of a Hen Enclosure, including a Hen Coop and Hen Run, on a Lot. By-law Expiration r) Section 13.5.1 shall apply until April 21, 2024, after which date it and the R5(T3) Zone symbol on Schedule "A" shall be deleted from this By-law without further amendment or notice. 89 SECTION 13A - RESIDENTIAL 6 (R6) ZONE (B/L 33/2007) 13A.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Residential 6 (R6) Zone except for one or more of the following Uses: a) Single Detached Dwelling b) Park c) Bed and Breakfast Establishment Home Occupation Additional Residential Units (refer to Section 3.8) (98 of 2025) d) Buildings, Structures and Uses Accessory to a Permitted Use 13A.2 ZONE REGULATIONS Site Regulations a) Lot Frontage: (also see 13A.2 b): i) Lots abutting Lakeshore Road and Lake Huron 40m minimum ii) All other Lots 26m minimum b) Lot Frontage shall be measured at the widest distance between Side Lot Lines rather than at the minimum Required Front Yard. c) Lot Area (also see 13A.2 d): i) Lots abutting Lakeshore Road and Lake Huron 0.5 Hectares minimum ii) All other Lots 1500 square metres minimum d) The minimum depth of the portion of the Lot Zoned R6 shall be 100m on a Lot abutting Lake Huron. e) Lot Coverage: 30% maximum f) Landscaped Open Space: 40% minimum g) Front Yard Depth: i) Lots abutting Lakeshore Road and Lake Huron 50m minimum ii) Lots abutting Lake Huron and not Lakeshore Road 30m minimum (also see 13A.2 h) iii) Lots directly across a Road Allowance from Lots abutting Lake Huron 11m minimum 90 iv) All other Lots 8m minimum h) On Lots with less than 40m Frontage and abutting Lake Huron, the Front Yard Depth shall be within 8m of the average Front Yard Depth of the nearest Dwelling (excluding Dwellings on Lots abutting Lakeshore Road or not abutting Lake Huron) on either side. Where the two abutting Lots to one side and the Lot immediately abutting on the other side have no Dwellings, this provision shall not apply. This provision shall not apply to place a Dwelling in a prohibited Zone or Setback. Front Yard Depth for this provision shall be measured relative to absolute east and west rather than to the Front Lot Line. i) Rear Yard Depth: 20m minimum (also see 13A.2 j) j) Any "woodlands" or a "woodlot" (as defined in By-law 45 of 2003 of the County of Lambton, as amended) located on a Lot shall be treated as the Rear Lot Line for measuring Rear Yard Setbacks. k) Interior Side Yard Width: i) Lots abutting Lakeshore Road and Lake Huron 6m minimum ii) All other Lots 2.4m minimum l) Exterior Side Yard Width: 6m minimum Building Regulations - Single Detached Dwelling m) Ground Floor Area: i) Lots abutting Lake Huron 165m2 for a One Storey Dwelling and 130m2 minimum for a multiple Storey Dwelling ii) All other Lots 140m2 minimum for a One Storey Dwelling and 110m2 minimum for a multiple Storey Dwelling n) Building Height: 11m maximum 91 SECTION 13B - RESIDENTIAL 7 (R7) ZONE (B/L 76/2011) 13B.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Residential 7 (R7) Zone except for one or more of the following Uses: a) A plan of condominium consisting of Single Detached Dwellings b) Private Park c) Private Community Centre d) Buildings, Structures and Uses Accessory to a Permitted Use 13B.2 ZONE REGULATIONS Site Regulations a) Within the Residential 7 (R7) Zone, "Unit" means a parcel of land described within a registered plan of condominium and intended for the Erection of a Single Detached Dwelling. b) The provisions and definitions of By-law 97 of 2003 applicable to a "Lot" as defined in Section 2 shall apply to a "Unit" as defined in Section 13B with appropriate modifications. c) Within the R7 Zone, the definition of "Street" shall be deemed to include a private street within a registered plan of condominium. d) Minimum Lot Area: 10 hectares e) Minimum Lot Frontage: 80 metres f) Minimum Unit Area: 500 square metres g) Minimum Unit Frontage: 15 metres h) Minimum Unit Depth: 30 metres or 40 metres for a Lot with Frontage on a public Street. i) Minimum Required Yards: i) Front Yard: 8 metres on a Unit with Frontage on a public Street; or 4.5 metres for a Main Building and 6m for an Attached or Detached Accessory Building on a Unit with Frontage on a private Street. 92 ii) Exterior Side Yard: 4.5 metres on a Unit with Frontage on a public Street; or 3 metres for a Main Building and 2 metres for a Detached Accessory Building on a Unit with Frontage on a private Street. iii) Interior Side Yard: 1.2 metres iv) Rear Yard: 7 metres j) Attached Private Garages shall not be located closer to the Front Unit Line than the balance of the Dwelling and shall not constitute more than 6.5 metres of the Dwelling's width. k) Unit Coverage: 40% maximum l) Building Height: 10.5 metres maximum m) Landscaped Open Space: Minimum 40% per Lot n) The minimum Landscaped Open Space on the Lot shall be 20% in addition to the Landscaped Open Space on the Units. o) Not more than one Dwelling shall be located on a Unit in the R7 Zone. p) With the exception of Sections 3.13.1 a) and b), the encroachments Permitted by Section 3.13.1 shall not apply to Units on a private Street. q) The Site Triangle restrictions in Section 3.16.4 shall only apply to Units with Frontage on a public Street. 93 SECTION 14 - CENTRAL COMMERCIAL 1 (C1) ZONE 14.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Central Commercial 1 (C1) Zone except for one or more of the following Uses: a) Amusement Games Establishment Art Gallery Assembly Hall Auditorium Bake Shop Bank Bed and Breakfast Establishment Boarding House Brewing on Premises Establishment Church Clinic Commercial Recreation Establishment Commercial Use Convenience Stores Day Nursery Dry Cleaning Establishment Farmer's Market Funeral Home Gift Shop Home Occupation Hotel Institutional Use Laundromat Library Office Park Parking Lot Personal Service Establishment Place of Entertainment Private Club Restaurant Retail Store Retail Warehouse School Service and Repair Shop Shopping Centre Tavern Theatre b) Existing Motor Vehicle Repair Establishment Existing Motor Vehicle Sales Establishment Existing Motor Vehicle Service Establishment c) Accessory Apartment Dwellings Existing Single Detached Dwellings d) Buildings, Structures and Uses Accessory to a Permitted Use 94 Site Regulations - Existing Single Detached Dwellings Existing Single Detached Dwellings and new or Existing Uses Accessory thereto shall be subject to the provisions of the Residential 2 (R2) Zone. 14.2 REGULATIONS FOR ACCESSORY APARTMENT DWELLINGS Minimum Floor Area bachelor 40.0 m2 one bedroom 45.0 m2 two bedrooms 55.0 m2 three bedrooms 70.0 m2 14.3 HOLDING ZONES 14.4 CENTRAL COMMERCIAL 1 (C1) ZONE EXCEPTIONS The following Zones apply to unique or Existing situations and are not the standard C1 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 14.1 and/or the regulations of Table A shall apply. 14.4.1 COMMERCIAL 1(1) C1(1) ZONE Permitted Uses a) Any Use Permitted in the C1 Zone b) Open Storage Storage and maintenance of Commercial Motor Vehicles Storage and maintenance of metres; c) Buildings, Structures and Uses Accessory to a Permitted Use. Site Regulations - Permitted Uses under Section 14.4.1 b) and Accessory Uses i) Lot Area: 800 m2 minimum ii) Front Yard Depth: 12 metres minimum Open Storage Regulations: Any Portion of a Lot used for Open Storage must comply with the Setback provisions of this Section. Planting Strips shall be required in accordance with Section 3.18 of this By-law. 14.4.2 COMMERCIAL 1 (2) C1(2) ZONE Permitted Uses a) Bank Clinic Office Parking Lot Personal Service Establishment b) Buildings, Structures and Uses Accessory to a Permitted Use 14.4.3 COMMERCIAL 1 (3) C1(3) ZONE Permitted Uses a) Commercial Storage b) Buildings, Structures and Uses Accessory to a Permitted Use 95 Prohibited Uses c) There shall be no Open Storage of goods, merchandise or equipment. Site Regulations - Mini-Storage Warehouse i) Lot Area: 1,860 m2 ii) Lot Frontage: 30 metres minimum iii) Front Yard Depth: 2 metres minimum iv) Side Yard Depth: 1 metre minimum 14.4.4 COMMERCIAL 1 (4) C1(4) ZONE Permitted Uses a) Commercial Storage b) Buildings, Structures and Uses Accessory to a Permitted Use c) One Accessory Apartment Dwelling (OMB Order PL140688) Site Regulations - Commercial Storage i) Lot Area: 1,000 m2 ii) Lot Frontage: 45 metres minimum iii) Front Yard Depth: 4.5 metres minimum iv) Side Yard Width: 7.6 metres minimum v) Rear Yard Depth: 7.6 metres minimum vi) Lot Coverage: 25% maximum 14.4.5 COMMERCIAL 1 (5) C1(5) ZONE (B/L 57/2007) Permitted Uses a) Commercial Storage b) Buildings, Structures and Uses Accessory to a Permitted Use Site Regulations i) The Minimum Required Yard where a Lot Line abuts a residential Use shall be 6m and 3.5m for all other Yards. 14.4.6 COMMERCIAL 1 (6) C1(6) ZONE (B/L 72/2014) Permitted Uses a) Any Use Permitted in the C1 Zone b) A single detached dwelling when located in a building previously used as St. Andrews Presbyterian Church c) Buildings, Structures and Uses Accessory to a Permitted Use 14.4.7 COMMERCIAL 1 (7) C1(7) ZONE (B/L 37/2017) Permitted Uses a) Any Use Permitted in the C1 Zone b) A single detached dwelling when located in a building previously used as a dental office c) Buildings, Structures and Uses Accessory to a Permitted Use 96 14.4.8 COMMERCIAL 1 (8) C1(8) ZONE (B/L 86/2018) Permitted Uses a) Any Use Permitted in the C1 Zone Site Regulations - Existing Building (1) a) Interior Side Yard Width 1.52 metre minimum(2) General Provisions (1) The existing building is legal non-complying. The site regulations as set out in Table "A" to this Zoning By-law 97 of 2003 will apply for any redevelopment of this Lot. (2) This site regulation applies to the easterly side yard setback only. 97 SECTION 15 - HIGHWAY COMMERCIAL 2 (C2) ZONE 15.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Highway Commercial 2 (C2) Zone except for one or more of the following Uses: a) Agricultural Implement Sales Establishment Agricultural Service Establishment Animal Hospital Auction Hall Bake Shop Bakery Building or Contracting Establishment Building Supply Establishment Church Clinic Commercial Recreation Establishment Commercial Storage Convenience Store Day Nursery Dry Cleaning Establishment Funeral Home Garden Centre Gas Bar Golf Driving Tee or Range Golf Course, Miniature Health/Recreational Facility Hotel Laundromat Lumber Yard Marina Marine Sales and Service Establishment Motel Motor Vehicle Sales Establishment Motor Vehicle Service Establishment Motor Vehicle Repair Establishment Motor Vehicle Washing Establishment Office Parking Lot Personal Service Establishment Place of Entertainment Private Club Restaurant Restaurant, Drive-In Service and Repair Shop Travel Trailer Sales Establishment b) One Accessory Dwelling Unit Existing Single Detached Dwellings c) Buildings, Structures and Uses Accessory to a Permitted Use 98 15.2 REGULATIONS FOR MOTOR VEHICLE SERVICE ESTABLISHMENTS Notwithstanding any other previous provisions of this By-law, where a Lot in the Highway Commercial 2 (C2) Zone is used for a Motor Vehicle Service Establishment, the following regulations shall apply: Interior Corner Lot Lot_ 15.2.1 Minimum Lot Frontage 45.0 m 55.0 m 15.2.2 Minimum Lot Depth 40.0 m 40.0 m 15.2.3 No portion of any Gasoline Pump Island on a service station shall be located closer than seven and one half (7.5) metres from the Street Line of any Street. 15.2.4 The distance from the intersection of two Street Lines to the nearest ingress or egress ramp shall not be less than nine (9.0) metres, or in the case of the intersection of two arterial Streets, the distance shall not be less than fifteen (15.0) metres. 15.2.5 The distance from any portion of any ingress or egress ramp to any Interior Side Lot Line which abuts any other Lot shall not be less than three (3.0) metres. 15.2.6 The width of any ingress or egress ramp along any Street Line shall not be more than nine (9.0) metres or less than seven and one-half (7.5) metres. 15.2.7 The distance between ramps shall not be less than nine (9.0) metres. 15.2.8 The minimum interior angle of any ramp to the Street Line shall be greater than sixty degrees (60o). 15.2.9 All parts of the ingress and egress ramps shall be maintained with a cement or asphaltic binder or another type of permanent surfacing to prevent the raising of dust or loose particles. 15.2.10 Land which is not used for Buildings, ramps or paving shall be Landscaped in lawn, trees or shrubs and maintained in a healthy growing condition, neat and clean in appearance. 15.3 HOLDING ZONES 15.4 HIGHWAY COMMERCIAL 2 (C2) ZONE EXCEPTIONS The following Zones apply to unique or Existing situations and are not the standard C2 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 15.1 and/or the regulations of Table A shall apply. 15.4.1 HIGHWAY COMMERCIAL 2 C2(1) ZONE (B/L 107/2010) Permitted Uses a) Any Use Permitted in the C2 Zone with the exception of Uses specifically prohibited below. b) Bank Commercial Use Retail Store, excluding a grocery store c) Buildings, Structures and Uses Accessory to a Permitted Use Prohibited Uses a) Nothwithstanding any of the Permitted Uses of the C2(1) Zone, whether generally or specifically defined, no Use that might be construed as a grocery store or pharmacy shall be a Permitted Use. 99 b) Dwellings, other than Accessory Apartment Dwellings, shall be prohibited. Site Regulations a) All Minimum Required Yards shall be 15m. 15.4.2 HIGHWAY COMMERCIAL 2 C2(2) ZONE Permitted Uses a) Any Use Permitted in the C2 Zone b) Campground Mobile Home Park Mobile Home Sales Establishment Travel Trailer Sales Establishment c) Buildings, Structures and Uses Accessory to a Permitted Use Site Regulations - Permitted Uses under Section 15.4.2 b). i) Lot Area: 2.3 hectares minimum ii) Lot Frontage: 131 metres minimum iii) Front Yard Depth: 15 metres minimum iv) Side Yard Width: 5 metres minimum v) Rear Yard Depth: 6 metres minimum vi) Lot Coverage: 55% maximum for all Buildings and Structures Building Regulations i) Gross Floor Area: 45 m2 maximum per Mobile Home ii) Height: 4 metres maximum per Mobile Home; 3 metres maximum for Buildings or Structures Accessory to a Mobile Home Other Regulations i) No more than a total of 30 Camp or Mobile Home Sites shall be permitted ii) Each Mobile Home or Travel Trailer located within the Mobile Home Park shall be connected to communal water and sewage services iii) A minimum of 5% of the total land area within the C2 (2) Zone shall be used for Open Space or Park purposes. 15.4.3 HIGHWAY COMMERCIAL 2 C2(3) ZONE Permitted Uses a) Any Use Permitted in the C2 Zone b) A maximum of five (5) Dwelling Units on a Lot provided such Dwelling Units are located within a Permitted Commercial Building. c) Buildings, Structures and Uses Accessory to a Permitted Use Site Regulations i) Lot Area: 1,860 m2 minimum 15.4.4 - deleted (B/L 107/2010) 15.5 SPECIAL PROVISIONS (B/L 110/2004) a) For those portable Restaurants commonly known as 'chip trucks' or 'chip wagons', the minimum required setback from a Street Line shall be 4m. 100 SECTION 16 - RURAL COMMERCIAL 3 (C3) ZONE 16.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Rural Commercial 3 (C3) Zone except for one or more of the following Uses: a) Abattoir Agricultural Service Establishment Agricultural Supply Establishment Agricultural Implement Sales Establishment Animal Hospital Bulk Fuel Depot Flea Market Farmers Market Stock Yard b) Buildings, Structures and Uses Accessory to a Permitted Use 16.2 HOLDING ZONES 16.3 RURAL COMMERCIAL 3 (C3) SPECIAL PROVISIONS a) Notwithstanding Table A to the contrary, those Buildings and Structures that lawfully existed on Part Lot 25 Concession 2, on the date of the passing of this By- law and used for a Permitted Use that does not comply with the site regulations in the C3 Zone, shall be deemed to comply with this By-law. Any additions, development or redevelopment of this property must be in compliance with the provisions of the C3 Zone. 16.4 RURAL COMMERCIAL 3 (C3) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard C3 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 16.1 and/or the regulations of Table A shall apply. 16.4.1 RURAL COMMERCIAL C3(1) ZONE Permitted Uses a) Abattoir b) Light Industrial Use c) Buildings, Structures and Uses Accessory to a Permitted Use. Site Regulations i) Interior Side Yard 5 metres minimum or 20 metres Width minimum where abutting a residential use 16.4.2 RURAL COMMERCIAL C3(2) ZONE (B/L 88/2018) Note: The following regulations and the provisions and definitions of By-law 97 of 2003 applicable to a "Lot", as defined in Section 2, shall apply to a "Unit" within a registered plan of condominium with appropriate modifications. Permitted Uses a) Warehouse b) No outside storage 101 Site Regulations - Warehouse a) Front Yard Setback 7.5 metres minimum b) Exterior Side Yard Setback 6 metres minimum c) Interior Side Yard Setback 20 metres minimum 102 SECTION 17 - SERVICE CENTRE COMMERCIAL 4 (C4) ZONE 17.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Service Centre Commercial 4 (C4) Zone except for one or more of the following Uses: a) Agricultural Implement Sales Establishment Bonded Warehouse Building Supply Establishment Convenience Store, Accessory to a Gasoline Retail Facility Drive-in Restaurant Fruit Market Gasoline Retail Facility Gift Shop Hotel Lumber Yard Mobile Home Sales Establishment Motel Motor Vehicle Repair Establishment Motor Vehicle Service Establishment Open Storage Restaurant Tourist Centre Travel Trailer Sales Establishment Truck Stop Truck Transport Terminal Warehouse b) Offices Accessory to a Permitted Use. c) Buildings, Structures and Uses Accessory to a Permitted Use. 17.2 HOLDING ZONES 17.2.1 SERVICE CENTRE COMMERCIAL C4(H) ZONE Permitted Uses Uses lawfully existing on November 4, 1996. Provisions for the removal of the Holding "H" Symbol The "H" symbol shall be removed only after the Ministry of Environment and Energy (or its designated agent) has provided written authorization approving a private sewage system and when Council is satisfied that new development will comply with municipal Zoning and site plan control regulations. 17.3 SERVICE CENTRE COMMERCIAL 4 (C4) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard C4 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 17.1 and/or the regulations of Table A shall apply. 103 SECTION 18 - MIXED COMMERCIAL INDUSTRIAL (CM) ZONE 18.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Mixed Commercial Industrial (CM) Zone except for one or more of the following Uses: a) Agricultural Implement Sales Establishment Agricultural Supply Establishment Agricultural Services Establishment Animal Hospital Building Supply Establishment Bulk Sales Establishment Bulk Fuel Depot Commercial Recreation Establishment Commercial Storage Drive-In Restaurant Duplicating Shop Farm Produce Processing Establishment Garden Centre Golf Driving Tee or Range Grain Elevator Light Industrial Use Lumber Yard Motor Vehicle Repair Establishment Motor Vehicle Sales Establishment Motor Vehicle Service Establishment Motor Vehicle Washing Establishment Printing Establishment Repair and Rental Establishment Retail Warehouse Service and Repair Shop Travel Trailer Sales Establishment Truck Transport Terminal Tourist Centre Warehouse b) Existing Dwellings c) Buildings, Structures and Uses Accessory to a Permitted Use 18.2 MIXED COMMERCIAL INDUSTRIAL (CM) SPECIAL PROVISIONS 18.2.1 Existing Dwellings Notwithstanding the Zone regulations of "Table A", the minimum Interior Side Yard Width for Existing Dwellings shall be three (3) metres. 18.2.2 Yards Abutting a Railway Right-of-Way Notwithstanding any other provisions of this By-law, where a Mixed Commercial Industrial (CM) Zone abuts a railway Right-of-Way, no Yard shall be required. 18.2.3 Availability of Services Where a Lot is not connected to municipal Sanitary Sewers, Permitted Industrial Uses shall be restricted to Dry Industrial Uses. 104 18.2.4 Truck Transport Terminals All trucks, tractor trailers or tractor cabs shall be parked, stored or displayed on the subject property no closer than 15 metres minimum from the Front Lot Line. In addition, the Parking Area associated with such Use shall be no closer than 15 metres minimum from the Front Lot Line. Where a Lot is not connected to municipal Sanitary Sewers, Permitted Industrial Uses shall be restricted to Dry Industrial Uses. 18.3 HOLDING ZONES 18.3.1 MIXED COMMERCIAL INDUSTRIAL HOLDING CM (H) ZONE Permitted Use Buildings, Structures and Uses lawfully existing on the day the By-law was passed. Provisions for the removal of the Holding "H" Symbol To ensure the orderly development of lands and the adequate provision of municipal services, the "H" symbol shall be removed only after the Ministry of Environment & Energy (or its designated agent) has provided written authorization approving a private sewage system and when Council is satisfied that new development will comply with municipal zoning and site plan control regulations. 18.4 MIXED COMMERCIAL INDUSTRIAL (CM) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard CM Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 18.1 and/or the regulations of Table A shall apply. 105 SECTION 19 - INDUSTRIAL 1 (M1) ZONE 19.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in any Industrial 1 (M1) Zone except for one or more of the following Uses: a) Auction Hall Building or Contracting Establishment Commercial Recreation Establishment Commercial Storage Dry Cleaning Depot Dry Cleaning Establishment Food, Tobacco and Beverage Processing Industries General Industrial Use Grain Elevator Lumber Yard Light Industrial Use Motor Vehicle Repair Establishment Motor Vehicle Washing Establishment Motor Vehicle Service Establishment Open Storage Public Garage Parking Lot Repair and Rental Establishment Service Trade Warehouse Wholesale Establishment b) Buildings, Structures and Uses Accessory to a Permitted Use 19.2 GENERAL INDUSTRIAL 1 (M1) SPECIAL PROVISIONS 19.2.1 Yards Abutting a Railway Right-of-Way Notwithstanding any other provisions of this By-law, where a General Industrial 1 (M1) Zone abuts a railway Right-of-Way, no Yard shall be required. 19.2.2 Availability of Services Where a Lot is not connected to municipal Sanitary Sewers, Permitted Industrial Uses shall be restricted to Dry Industrial Uses. 19.2.3 Existing Dwellings Existing Accessory Dwellings shall be permitted on lands described as Concession 4 Part Lot 14 25R3167 Pts 1 to 7 and known municipally as 4319 London Line. 19.3 HOLDING ZONES 19.4 INDUSTRIAL 1 (M1) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard M1 Zones. If a regulation or Use is not specified, the list of Permitted Uses in Section 19.1 and/or the regulations of Table A shall apply. 106 19.4.1 INDUSTRIAL 1(1) M1(1) ZONE Site Regulations i) Lot Area: 1,100 m2 minimum ii) Lot Frontage: 29.8 metres minimum iii) Front Yard Depth: 9 metres minimum iv) Side Yard Width: 3 metres minimum (each side) 107 SECTION 20 - LIGHT INDUSTRIAL 2 (M2) ZONE 20.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Light Industrial 2 (M2) Zone except for one or more of the following Uses: a) Auction Hall Bakery Building or Contracting Establishment Business Service Establishment Commercial Storage Laboratory Light Industrial Use Repair and Rental Establishment Research and Development Establishment Service Trade Motor Vehicle Repair Establishment Motor Vehicle Service Establishment Motor Vehicle Washing Establishment Open Storage Public Garage Parking Lot Warehouse b) Buildings, Structures and Uses Accessory to a Permitted Use 20.2 LIGHT INDUSTRIAL 2 (M2) SPECIAL PROVISIONS 20.2.1 Yards Abutting a Railway Right-of-Way Notwithstanding any other provisions of this By-law, where a Light Industrial 2 (M2) Zone abuts a railway Right-of-Way, no Yard shall be required. 20.2.2 Availability of Services Where a Lot is not connected to municipal Sanitary Sewers, Permitted Industrial Uses shall be restricted to Dry Industrial Uses. 20.3 HOLDING ZONES 20.4 LIGHT INDUSTRIAL 2 (M2) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard M2 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 20.1 and/or the regulations of Table A shall apply. 108 SECTION 21 - EXTRACTIVE INDUSTRIAL 4 (M4) ZONE 21.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Extractive Industrial 4 (M4) Zone except for one or more of the following Uses: a) Extractive Use Agriculture, exclusive of Buildings or Structures Forestry Conservation b) Buildings, Structures and Uses Accessory to a Permitted Use 21.2 HOLDING ZONES 21.2.1 EXTRACTIVE INDUSTRIAL M4(H) ZONE Permitted Uses Buildings, Structures and Uses lawfully existing on the day this By-law was passed. Provisions for the removal of the Holding "H" Symbol To ensure the orderly extraction of aggregate and the proper rehabilitation of pits and quarries, the "H" symbol shall not be deleted until a license to excavate aggregate has been issued under the Aggregate Resources Act. 21.3 EXTRACTIVE INDUSTRIAL 4 (M4) SPECIAL PROVISIONS a) A Single Family Dwelling shall be permitted in accordance with the provisions of the A1 Zone on those lands described as part of the East quarter of Lot 14, Concession 4, subject to and together with Right-of-Ways. b) The extraction of sand and gravel shall be the only Permitted Use on those lands described as part of Lot 17, Concession 5, shown on Schedule "A" of By-law 27 of 1996. No processing, crushing or washing of granular material shall be carried out on the site. In addition, there is to be no petroleum storage, no Buildings Erected, no stock piling of granular and no product storage within the 15m of a Lot Line as identified and required by the Ministry of Natural Resources. 21.4 EXTRACTIVE INDUSTRIAL 4 (M4) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard M4 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 21.1 and/or the regulations of Table A shall apply. 21.4.1 EXTRACTIVE INDUSTRIAL (1) M4(1) ZONE Permitted Uses a) Any Use Permitted in the M4 Zone b) The manufacturing of asphalt, cement and similar substances c) Buildings, Structures and Uses Accessory to a Permitted Use. 21.4.2 EXTRACTIVE INDUSTRIAL (2) M4(2) ZONE (B/L 9/05) Permitted Uses a) Any Use Permitted in the M4 Zone b) Airport runway 109 SECTION 22 - INSTITUTIONAL 1 (I1) ZONE (B/L 107/2010) 22.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Institutional 1 (I1) Zone except for one or more of the following Uses: a) Cemetery Church Day Nursery Institutional Use Library Museum Nursing Home Rest Home School b) Buildings, Structures and Uses Accessory to a Permitted Use 22.2 HOLDING ZONES 22.3 INSTITUTIONAL 1 (I1) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard I1 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 22.1 and/or the regulations of Table A shall apply. 22.3.1 - deleted (B/L 107/2010) SECTION 22A - INSTITUTIONAL 2 (I2) ZONE (B/L 107/2010) 22A.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Institutional 2(I2) Zone except for one or more of the following Uses: a) Cemetery Church Day Nursery Institutional Use Library Museum Nursing Home Rest Home School b) Buildings, Structures and Uses Accessory to a Permitted Use 22A.2 HOLDING ZONES 22A.3 INSTITUTIONAL 2 (I2) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard I2 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 22A.1 and/or the regulations of Table A shall apply. 110 SECTION 23 - MOBILE HOME PARK/CAMPGROUND (MHP/CG) ZONE 23.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Mobile Home Park/Campground (MHP/CG) Zone except for one or more of the following Uses: a) Campground Mobile Home Park b) Conservation Active Recreation Passive Recreation c) Agriculture, exclusive of Buildings and Structures d) Buildings, Structures and Uses Accessory to a Permitted Use 23.2 HOLDING ZONES 23.3 MOBILE HOME PARK/CAMPGROUND (MHP/CG) SPECIAL PROVISIONS a) Not more than one Mobile Home shall be placed on any Mobile Home Site. b) Not more than one Travel Trailer unit shall be placed on any Camp Site used for such purpose. c) Each Mobile Home located within a Mobile Home Park shall be connected to communal water and sewage services. d) Each Mobile Home Site shall be located on an internal access road which shall have a dust-free surface and shall have a minimum width of 4 metres for a one- way street and a minimum width of 6 metres for a two-way street. Site Frontage shall include that portion of the Site that abuts said internal road. e) In addition to the required Open Space on individual Mobile Home Sites and Camp Sites, a minimum of 5% of the total Lot Area within the MHP/CG Zone shall be used for Open Space and Park purposes. f) A convenience store shall be permitted as an Accessory Use, but shall be limited to a maximum Gross Floor Area of 90 square metres and shall only provide general commercial Uses that directly serve the needs of residents or campers. g) Supplementary Site Regulations - Definition For the purposes of the following site regulations, each Mobile Home Site and Camp Site is meant to be treated as having the same meaning as a Lot with appropriate modifications. Supplementary Site Regulations - Mobile Home Sites i) Mobile Home Site Area: 325 m2 minimum - Double-Wide 325 m2 minimum - Single-Wide 220 m2 minimum - Park Model Home ii) Front Yard Depth: 3 meters minimum iii) Side Yard Depth: 2 metres minimum iv) Rear Yard Depth: 3 metres minimum v) Site Coverage 35% maximum vi) Gross Floor Area 65 m2 minimum Supplementary Site Regulations - Camp Sites 111 i) Camp Site Area: 135 m2 B/L 107/2010) ii) Front Yard Depth: 3 metres minimum iii) Side Yard Width: 2 metres minimum iv) Rear Yard Width: 3 metres minimum v) Site Coverage: 35% maximum vi) Gross Floor Area: 65 m2 minimum for Park Model Homes 23.4 MOBILE HOME PARK/CAMPGROUND (MHP/CG) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard MHP/CG Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 23.1 and/or the regulations of Table A shall apply. 112 SECTION 24 - OPEN SPACE 1 (OS1) ZONE REGULATIONS 24.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Open Space 1 (OS1) Zone except for one or more of the following Uses: a) Cemetery (B/L 107/2010) Conservation Forestry Passive Recreation Public Park b) Buildings, Structures and Uses Accessory to a Permitted Use 24.2 OPEN SPACE 1 (OS1) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard OS1 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 24.1 and/or the regulations of Table A shall apply. 113 SECTION 25- OPEN SPACE 2 (OS2) ZONE REGULATIONS 25.1 PERMITTED USES No land, Building, or Structure shall be used or erected in the Open Space 2 (OS2) Zone except for one or more of the following Uses: a) Active Recreation, excluding Golf Courses Campground Conservation Community Centre Fairground Forestry Golf Driving Tee or Range Passive Recreation Public Park Private Park b) Buildings, Structures and Uses Accessory to a Permitted Use. 25.2 OPEN SPACE 2 (OS2) SPECIAL PROVISIONS a) Supplementary Regulations - Campgrounds For the purposes of the following site regulations, each Camp Site is meant to be treated as having the same meaning as a Lot with appropriate modifications. i) Camp Site Area: 135 m2 minimum (B/L 107/2010) ii) Front Yard Depth: 3 metres minimum iii) Side Yard Width: 2 metres minimum iv) Rear Yard Depth: 3 metres minimum v) Site Coverage: 35% maximum a) Each Camp Site shall be used by no more than one Travel Trailer at any one time. b) Each Camp Site may contain one storage unit of 10 m2 maximum Lot Coverage, a patio, picnic table, a fireplace and a waste receptacle, all having a minimum Rear Yard Depth and Side Yard Width of 1 metre. c) A convenience store shall be permitted as an Accessory Use, but shall be limited to a maximum Gross Floor Area of 90 square metres and shall only provide general commercial Uses that directly serve the needs of campers. d) No permanent Buildings intended for human habitation are permitted below the Top-of-Bank of adjacent Watercourses. e) On any Camp Site Permitted to be located below the Top-of-Bank, all Travel Trailers shall be installed and maintained to permit their expeditious removal. 25.3 OPEN SPACE 2 (OS2) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard OS2 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 25.1 and/or the regulations of Table A shall apply. 114 25.3.1 OPEN SPACE 2 (1) OS2(1) ZONE Permitted Use a) Four Season Campground and Recreation Facility Conservation Campground b) Agriculture, exclusive of Livestock c) Buildings, Structures and Uses Accessory to a Permitted Use Site Regulations - Four Season Campground and Recreation Facility i) Lot Area: 40 hectares minimum ii) Lot Frontage: 180 metres minimum a) All main access Roads and internal Roads shall be constructed and maintained so that the surface will support fire apparatus weighing 18 tons in all weather conditions. b) One Sign may be permitted at the main entrance to the facility. c) All lighting shall be arranged in a manner that does not create a hazard for traffic on abutting Roads. d) The provisions of Section 25.2 a) shall also apply in the OS2(1) Zone. Supplementary Regulations - Agriculture a) Agricultural Uses shall conform to the regulations in Section 5. 25.3.2 OPEN SPACE 2 (2) OS2(2) ZONE Permitted Uses a) A seasonal Campground owned and operated by the Girl Guide Land Corporation b) Conservation c) Buildings, Structures and Uses Accessory to a Permitted Use 25.3.3 OPEN SPACE 2 (3) OS2(3) ZONE (B/L 107/2010) Permitted Uses a) Any Use Permitted in the OS2 Zone Two (2) Accessory Single Detached Dwellings Golf Course, Miniature b) Buildings, Structures and Uses Accessory to a Permitted Use 115 SECTION 26- OPEN SPACE 3 (OS3) ZONE REGULATIONS 26.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Open Space 3 (OS3) Zone except for one or more of the following Uses: a) Active Recreation Conservation Forestry Golf Course Golf Driving Tee or Range Public Park Private Park b) One Accessory Dwelling c) Buildings, Structures and Uses Accessory to a Permitted Use Site Regulations - Accessory Buildings i) Front Yard Depth: 15 metres minimum ii) Side Yard Width: 15 metres minimum iii) Rear Yard Depth: 15 metres minimum iv) Lot Coverage: 10% maximum 26.2 OPEN SPACE 3 (OS3) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard OS3 Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 26.1 and/or the regulations of Table A shall apply. 26.2.1 OPEN SPACE 3(1) OS3(1) ZONE Permitted Uses a) Any Use Permitted in the OS3 Zone b) Bed and Breakfast Establishment Commercial Recreation Establishment Health/Recreational Facility Hotel Private Club Restaurant c) A maximum of two (2) Dwelling Units on a Lot, located in the Existing pro shop (1) and clubhouse (1). An additional five (5) Dwelling Units on a Lot. (OMB Order No. 1925) d) Buildings, Structures and Uses Accessory to a Permitted Use Site Regulations i) Lot Area: 8 ha minimum ii) Lot Frontage: 75m minimum 116 SECTION 27 - WETLAND (WET) ZONE 27.1 PERMITTED USES No land, Building, or Structure shall be used or Erected in the Wetland (WET) Zone except for one or more of the following Uses: a) Existing Agricultural Use b) Passive Recreation, excluding Buildings and Structures c) Conservation, excluding Buildings and Structures 27.2 WETLAND (WET) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard WET Zone. If a regulation or Use is not specified, the list of Permitted Uses and/or the regulations of Section 27 shall apply. 117 SECTION 28 - WOODLOT (WD) ZONE 28.1 PERMITTED USES No land, Building, or Structure shall be Used or Erected in the Woodlot (WD) Zone except for one or more of the following Uses: a) Agriculture, excluding Buildings and Structures Existing Single Detached Dwellings New Single Detached Dwellings on Existing Lots having a Lot Area less than or equal to 2 ha on the date of passing of this Zoning By-law Buildings, Structures and Uses Accessory to a Permitted Dwelling on the same Lot b) Passive Recreation, excluding Buildings and Structures c) Conservation, excluding Buildings and Structures Forestry, excluding Buildings or Structures 28.2 WOODLOT (WD) ZONE SPECIAL PROVISIONS a) Single Detached Dwellings and Accessory Uses, where Permitted, shall comply with the provisions of the "Agricultural 1 (A1) Zone". b) Buildings, Structures and Uses Accessory to a Single Detached Dwelling shall not be erected further than 20 metres from the Main Use. c) New Single Detached Dwellings on Lots having a Lot Area greater than 2 ha may be considered by the Committee of Adjustment through application for minor variance pursuant to Section 45 of the Planning Act R.S.O. 1990. 28.3 WOODLOT (WD) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard WD Zone. If a regulation or Use is not specified, the list of Permitted Uses and/or the regulations of Section 28 shall apply. 28.3.1 WOODLOT (1) WD(1) ZONE (B/L 107/2010) Permitted Uses a) Campground Special Provisions b) A Campground shall be subject to the provisions of the Open Space (OS2) Zone. c) A Campground shall only be a Permitted Use where a site plan and/or development agreement exists with the Municipality. 118 SECTION 29 - HAZARD (H) ZONE 29.1 PERMITTED USES No land, Building, or Structure shall be used or erected in the Hazard (H) Zone except for one or more of the following Uses: a) Agriculture, excluding Buildings and Structures b) Active Recreation, excluding Buildings and Structures, where Active Recreation is a Permitted Use in the abutting Zone. c) Passive Recreation, excluding Buildings and Structures d) Buildings and Structures required for the safety of Persons living in or adjacent to the Hazard (H) Zone. 29.2 HAZARD (H) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard H Zone. If a regulation or Use is not specified, the list of Permitted Uses and/or the regulations of Section 29 shall apply. 29.2.1 HAZARD (H) ZONE EXCEPTION 1 (H(1) (B/L 98/2020) Permitted Uses No land, Building, or Structure shall be used or erected in the Hazard (H) Zone except for one or more of the following Uses: a) Agriculture, excluding Buildings and Structures b) Buildings and Structures required for the safety of Persons living in or adjacent to the Hazard (H) Zone. 119 SECTION 30 - ENVIRONMENTAL PROTECTION - LAKESHORE (EP-L) ZONES (B/L 107/2010) 30.1 PERMITTED USES 30.1.1 General a) The Erection and Alteration of Buildings and Structures in the EP-L Zones shall be subject to obtaining such approvals as may be required from the St Clair Region Conservation Authority under Ontario Regulation 171/06. b) Notwithstanding any provision of Section 30, no Building, Structure or Use that required a permit or other form of approval from the St Clair Region Conservation Authority at the time of its Erection or establishment shall be deemed a Permitted Use unless such permit or approval is obtained. 30.1.2 Permitted Uses No land, Building, or Structure shall be used or erected in any Environmental Protection - Lakeshore (EP-L) Zone except for one or more of the following Uses: a) Single Detached Dwelling, where permitted by the provisions of Section 30 b) Passive Recreation, excluding Buildings and Structures Conservation, excluding Buildings and Structures Active Recreation, excluding Buildings and Structures Structures required for erosion, flood control purposes and the safety of Persons living in or adjacent to the Environmental Protection - Lakeshore (EP-L) Zone. c) Buildings, Structures and Uses Accessory to a Permitted Use d) The following uses shall be Permitted within Dwellings located outside the Primary Hazard Area: i) Home Occupation ii) Bed & Breakfast Establishment 30.2 SPECIAL DEFINITIONS The following definitions are applicable within Section 30, and shall take precedence over any definitions for the same terms listed in Section 2. Where the provided definition is intended to apply to the use of a term in this Section, the term is capitalized. a) "DWELLING" shall have the same meaning as "Single-Detached Dwelling" as defined in Section 2, with the exception that the Dwelling Unit Area shall include enclosed Porches and Attached Private Garages other than Carports or other open shelters. b) "ADDITION" shall mean an increase in Gross Floor Area either through an expansion of the original building footprint or through the addition of additional Floor Area above existing Floor Area. c) "RECONSTRUCTION" means the removal and rebuilding, repairing or restoring of a Dwelling or part thereof involving any Structural Alteration. d) "NEW DWELLING" means a Replacement Dwelling or a Dwelling Erected on a vacant Lot. e) "REPLACEMENT DWELLING" means a Dwelling that is Erected on a Lot in replacement of an Existing Dwelling. f) "EXISTING DWELLING" means a legally established Dwelling existing on the Lot or having been removed from the Lot less than 12 months prior to the time a building 120 permit application is made for the Erection of a new Dwelling, but shall exclude any Dwelling that is destroyed by erosion, flooding, wave uprush, slope instability or any other natural disaster or hazard associated with proximity to Lake Huron. To be deemed an Existing Dwelling, the Dwelling must be determined by the By-law Enforcement Officer prior to its removal to be in a condition not requiring demolition or significant repairs or alterations. g) "LOW EROSION AREA" shall include any Lot listed in Table B as having an Erosion Allowance depth less than 30 metres. h) "MEDIUM EROSION AREA" shall include any Lot listed in Table B as having an Erosion Allowance depth greater than or equal to 30 metres and less than or equal to 50 metres. i) "HIGH EROSION AREA" shall include any Lot listed in Table B as having an Erosion Allowance depth greater than 50 metres. j) "EROSION ALLOWANCE" means the Erosion Allowance as listed in Table B. The Erosion allowance is a projection of 100 years worth of erosion based on an average annual erosion rate determined from observed historic erosion rates. Where the bluff height exceeds 8m, the Erosion Allowance is a minimum of 15m. The Erosion Allowance abuts the Primary Hazard Area on the side farthest from the Lake. k) "PRIMARY HAZARD AREA" means any portion of a Lot located within the Stable Slope or below the Top of Bank. In the case of Lots located in the area known as Hillsboro Beach South, the Primary Hazard Area shall include any portion of a Lot located within 15 metres of the High Water Mark. The Primary Hazard Area shall also include any portion of a lakeside Lot located below the toe of the bank, below the High Water Mark or under water. l) "SECONDARY HAZARD AREA" means any portion of a Lot located within a distance of the Primary Hazard Area equal to the depth of the Erosion Allowance and shall also include any portion of a Lot outside the Erosion Allowance, but within 30 metres of the Top-of-Bank of Lake Huron. In the case of the area known as Hillsboro Beach South, the Secondary Hazard Area shall include any portion of a Lot that is more than 15 metres but less than 30 metres from the High Water Mark. 121 m) "60 YEAR AREA" means the area within the Secondary Hazard Area that is immediately abutting the Primary Hazard Area and has a depth equal to 60% of the Erosion Allowance. n) "100 YEAR AREA" means the area within the Secondary Hazard Area that is immediately abutting the 60 Year Area and has a depth equal to 40% of the Erosion Allowance. o) "HIGH WATER MARK" means the 178 metres elevation contour (Geodetic Survey of Canada) for Lots south of Plan 486 (Blue Point) and the 177.9 metres elevation contour (Geodetic Survey of Canada) for Lots north of Plan 486 (Blue Point). This is the 1:100 year peak instantaneous flood level. The High Water Mark is based on natural grade not artificial regrading or filling. p) "REQUIRED YARD" means the larger of the minimum Required Yards in Table B. q) "REDUCED YARD" means the lesser Required Yard listed in Table B that is permitted as the minimum Required Yard where the conditions in Section 30 are met. r) "ESTABLISHED LAKE SETBACK", on a Lot abutting the Lake, means the average of the minimum Setbacks that exist between the Lake and any Dwellings on the two Lots to each side of the Lot in question. Dwellings further than 40m from the Lot in question shall not be included in the average. The setbacks shall be measured perpendicular to the shoreline. Where there are no Dwellings on the four Lots making up the Established Lake Setback or there is only one, but it is not on a Lot that immediately abuts the Lot in question, there is no Established Lake Setback. 30.3 GENERAL a) Where the provisions of Section 30 dictate, the zoning regulations of Table B shall apply and shall supersede any similar zoning regulations in Table A or otherwise applicable to any other Zone designation that may apply on the Lot in question. The row of zone regulations in Table B that shall apply to a Lot shall be the one having Lots in the initial columns of Table B that bound the reach of shoreline containing the Lot in question. Where a zone regulation is not given in Table B and the provisions of Section 30 do not specify otherwise, any Zone Regulation applicable under Table A shall apply. b) Section 3.16.1 shall not apply in any EP-L Zone. 30.4 DWELLINGS a) Where any Dwelling is located in part or in whole in an EP-L Zone, the provisions of the EP-L Zone shall supersede the provisions applicable to any other Zone on the Lot if they address the same subject matter or if there is a conflict between the provisions. Section 30.4 shall not apply to any Dwelling erected outside the EP-L Zone. b) The Setback of a Dwelling from the Lake shall be measured from the Main Wall of the Dwelling and shall exclude any unenclosed Porch or any other Accessory Structure. Location c) Notwithstanding the minimum Required Yard requirements of any other Zone that may apply to the Lot, the minimum Required Yards in Table B shall apply where any Dwelling on the Lot is located in whole or in part within the Primary or Secondary Hazard Areas. d) Notwithstanding Section 30.4 c), the Reduced Yards in Table B shall be the minimum required Yards where a Dwelling is located in whole or in part in the Erosion Allowance or Primary Hazard Area and reduction of the Yard would permit an increased setback from the Lake. 122 e) The minimum Required Interior Side Yard shall be 1.2m in the case of an Addition to a Dwelling. f) No New Dwelling shall be erected closer to the Lake than the Established Lake Setback (as defined in Section 30.2 r) of neighbouring Dwellings unless all other setback requirements are met, and: i) The New Dwelling's Setback from the Lot Line that is opposite the Lake is no more than 1m greater than the minimum Required Yard in Table B (not the Reduced Yard), or ii) In the case of a Replacement Dwelling, the Setback is no closer to the Lake than the Existing Dwelling. Permitted encroachments g) The encroachments permitted by Section 3.13.1 shall be based on the Required Yard in Table B and not the Reduced Yard, excepting that the Structures listed in 3.13.1 a) shall be based on the Reduced Yard where it has been made use of. Floor Area h) The Gross Floor Area of a Dwelling shall not exceed the maximum Gross Floor Area Permitted in Table B, except where there is an Existing Dwelling. i) Where there is an Existing Dwelling, the maximum Permitted Gross Floor Area of a Dwelling shall be the greater of that Permitted in Table B or 150% of the Gross Floor Area of the Existing Dwelling as it Existed on the Lot 10 Years prior to any new construction. j) Notwithstanding Sections 30.4 h) and i), the maximum Gross Floor Area Permitted under those subsections shall be reduced by 15% in the case of any New Dwelling that is located in whole or in part in the 60 Year Area or Primary Hazard Area of a High Erosion Area. k) A Porch or roofed Structure that is Attached to a Dwelling shall be considered an Addition to the Dwelling at such time as it becomes enclosed or screened in. Lot Coverage l) The Lot Coverage of the Dwelling shall not exceed that listed in Table B or that of the Existing Dwelling, whichever is greater. The Lot Coverage of all Buildings on the Lot combined shall not exceed that of the Zone that applies to those portions of the Lot or neighbouring Lots that are located directly outside of the EP-L Zone. m) For the purposes of measuring Lot Coverage, portions of a Lot located below the Lake's Top of Bank shall not be included as part of the Lot Area unless the Lot is located entirely below the Top-of-Bank. Lot Area shall exclude any portion of a Lot located on the beach except for Lots located on Forsyth Trail or Pond Trail. Height n) The maximum Permitted Building Height for Dwellings shall be nine (9) metres, or in the case of an Addition, Reconstruction or Dwelling relocated within the same Lot, the maximum Permitted Building Height shall be the greater of 9m and the Existing Dwelling Height. Existing Dwelling Height shall be taken as a fixed elevation. 123 30.5 ACCESSORY STRUCTURES Buildings, Structures and uses Accessory to a Dwelling on the same Lot shall be permitted in compliance with the following regulations: General a) Any Accessory Building or Structure located in whole or in part in an EP-L Zone shall comply with the provisions of Section 30 for Accessory Uses and also with the provisions of Section 3.3.3 and 3.3.4 insofar as such provisions do not conflict with the specific Accessory Use provisions of Section 30. b) No Accessory Building or Structure shall be Erected below the toe of the bank, that is, on the beach. c) No fence shall be Erected on the beach or below the Top-of-Bank. This shall not prohibit erosion or flood control structures. d) In-ground, Private Swimming Pools shall be prohibited in the EP-L Zone except where located outside the Primary Hazard Area in a Low Erosion Area. Setbacks from Streets e) The Required Front and Exterior Side Yards in Table B shall be Permitted to be the minimum required Front and Exterior Side Yards for a Detached Accessory Building that is located in whole or in part in the Secondary or Primary Hazard Area, or that is located within 4m of a Dwelling on the same Lot and the Dwelling is located in whole or in part in the Secondary or Primary Hazard Area. f) Notwithstanding Section 30.5 e), the Reduced Front and Exterior Side Yards in Table B shall be Permitted to be the minimum required Front and Exterior Side Yards for a Detached Accessory Building that is located in whole or in part in the Erosion Allowance or Primary Hazard Area, or that is located within 4m of a Dwelling on the same Lot that is located in whole or in part in the Erosion Allowance or Primary Hazard Area. Height g) The maximum Permitted Height of a Detached Accessory Building or Structure in the EP-L Zone shall be 4m, unless specified otherwise. Above Top-of-Bank h) Accessory Buildings and Structures shall be Permitted in those portions of the EP-L Zone located above the Top-of-Bank provided an enclosed Accessory Building or Structure shall not exceed 30m2 in footprint in general, or 14m2 in footprint if located within the Primary Hazard Area, within the 60 Year Area, or within 6m of the Stable Slope. i) Notwithstanding Section 30.5 h), a Detached Private Garage up to 25m2 in Gross Floor Area may be Erected in the 60 Year Area provided it is not located in the Primary Hazard Area and its Setback from the Front Lot Line is less than the Required Yard and more than the Reduced Yard. Below Top-of-Bank j) One stairway with a maximum width of 1.6m is permitted below the Top-of-Bank on a Lot. Where multiple stairways Exist, their maintenance and Replacement is Permitted to their Existing locations. Where a Lot has located thereon a Right-of-Way to the lake for Persons other than the Owner of the Lot, two stairways shall be Permitted provided one of the stairways is located on the Right-of-Way. (B/L 57/2011) k) Unenclosed Decks, Unenclosed Porches and Gazebos shall be Permitted below the Top-of-Bank provided that: 124 i) the collective area of all such Structures shall not exceed 15m2 in High Erosion Areas and 30 m2 in other areas; the area shall exclude stairs 1.6 m or less in width; and, ii) the cumulative roofed area of all such Structures shall not be greater than 15m2. l) One Accessory Building per Lot shall be permitted below the Top-of-Bank in Medium and Low Erosion Areas provided the Use shall be for storage only, the maximum footprint shall be 10 m2 and the maximum Height shall be 3.1m. m) Any Accessory shed Erected below the Top-of-Bank on or before October 27, 2004 that does not comply with the provisions and/or conform to the Permitted Uses of this By-law shall be deemed to be a legal Non-Complying and/or legal Non-Conforming Use. 30.6 ENVIRONMENTAL PROTECTION - LAKESHORE (EP-L) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard EP- L Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 30.1 and/or the regulations of Section 30 and Table B shall apply. 30.6.1 ENVIRONMENTAL PROTECTION - LAKESHORE 1 EP-L(1) ZONE Permitted Uses a) Cottages b) Buildings, Structures and Uses Accessory to a Permitted Use Special Provisions: Cottages c) Multiple Cottages shall be Permitted on a Lot. d) The maximum Permitted Gross Floor Area of a Cottage shall be 79m2 or that of the Existing Cottage, whichever is greater. e) The maximum Permitted Height of a Cottage shall be one storey. 30.6.2 ENVIRONMENTAL PROTECTION - LAKESHORE (2) EP-L(2) ZONE Floor Area a) The maximum Permitted Ground Floor Area of a Dwelling shall be the greater of the Existing Dwelling's Ground Floor Area and: i) 82m2 in the area known as Fisher Beach ii) 83m2 in the area known as Hillsboro South iii) 93m2 in the area known as Hillsboro North b) The maximum Permitted Gross Floor Area of any Dwelling shall be the greater of: i) One and one half times the Ground Floor Area Permitted in Section 30.6.2 a), ii) The Gross Floor Area of the Existing Dwelling, and iii) The Gross Floor Area Permitted in Table B. Height c) The maximum Height of a Dwelling shall be 7.5m or that of the Existing Dwelling, whichever is greater; Location d) For a Lot located in the area known as Hillsboro South, no Addition or New Dwelling shall be located closer to the Lake than the Existing Dwelling on the Lot. 125 Accessory Structures e) Lot Coverage for Accessory Structures, including Decks and unenclosed Porches shall not exceed 30m2 collectively. f) Decks and Porches located lakeside of a Dwelling shall not exceed 15m2, collectively; shall not be enclosed or screened; and shall not be structurally Attached to the Dwelling. g) Stairs less than 1.6m in width are permitted lakeside of the Dwelling but shall not be included in the area calculation of any Deck or Porch. h) No Accessory Buildings or Structures other than unenclosed Decks, unenclosed Porches and stairs shall be Erected lakeside of the Dwelling; i) The maximum footprint of any Accessory Buildings and Structures other than a Deck or Porch shall be 10m2 and the maximum Height shall be 4m; j) Private Garages shall not be Permitted. 30.6.3 ENVIRONMENTAL PROTECTION - LAKESHORE (3) EP-L(3) ZONE Permitted Uses a) Cottages b) Buildings, Structures and Uses Accessory to a Permitted Use Special Provisions: Cottages c) Multiple Cottages shall be Permitted on a Lot, but the Existing number of Cottages shall not be increased. d) The maximum Permitted Gross Floor Area of a Cottage shall be 60m2 or that of the Existing Cottage, whichever is greater. e) The maximum Permitted Height of a Cottage shall be one storey. f) One Existing cottage may be replaced with a Dwelling subject to the provisions of the EP-L(2) Zone. g) Where multiple cottages are replaced with one cottage, the maximum Permitted Gross Floor Area of the replacement cottage shall be the sum of the replaced cottages' Gross Floor Areas. 30.6.4 ENVIRONMENTAL PROTECTION - LAKESHORE (4) EP-L(4) ZONE Permitted Uses a) Buildings, Structures and Uses Accessory to a Dwelling located on the same Lot but outside the EP-L(4) Zone shall be permitted in compliance with the Accessory Use provisions of the EP-L Zone. b) No other Buildings or Structures shall be Permitted in the EP-L(4) Zone. 30.6.5 ENVIRONMENTAL PROTECTION - LAKESHORE EXCEPTION 5 (EP-L(5)) ZONE (B/L 51/18) Permitted Uses No land, Building, or Structure shall be used or erected in any Environmental Protection - Lakeshore 5 (EP-L(5)) Zone except for one or more of the following Uses: a) One (1) formal trail, as access to the beach, to be used communally by the residents of the lands covered by this zoning by-law amendment. 126 b) No Buildings, Structures or Fencing shall be Permitted in the Environmental Protection - Lakeshore 5 (EP-L(5)) Zone. c) Conservation, excluding Buildings and Structures. Special Provisions: Tree Protection d) The tree protection area shall coincide with the limits of the Environmental Protection - Lakeshore - 5 (EP-L(5)) Zone. e) Within the tree protection area, vegetation and tree removal shall be prohibited, save and except for hazard tree removal as identified by a professional arborist or forester. f) Tree protection shall be in accordance with the Tree Saving Plan registered on title. 127 SECTION 31 - SIGNIFICANT NATURAL AREA (SNA) ZONE 31.1 PERMITTED USES No land, Building, or Structure shall be Used or Erected in the Significant Natural Area (SNA) Zone except for one or more of the following Uses: a) Agriculture, excluding Buildings and Structures b) Passive Recreation, excluding Buildings and Structures c) Conservation, excluding Buildings and Structures Forestry, excluding Buildings or Structures 31.2 SIGNIFICANT NATURAL AREA (SNA) ZONE SPECIAL PROVISIONS 31.3 SIGNIFICANT NATURAL AREA (SNA) ZONE EXCEPTIONS The following Zones apply to unique or existing situations and are not the standard SNA Zone. If a regulation or Use is not specified, the list of Permitted Uses and/or the regulations of Section 31 shall apply. READ A FIRST AND SECOND TIME THIS 26th DAY OF November, 2003. READ A THIRD TIME AND FINALLY PASSED THIS 26th DAY OF November, 2003. MAYOR ADMINISTRATOR-CLERK 128 APPENDIX "A" - MINIMUM DISTANCE SEPARATION (B/L 19/2007) Step Animals Type or Material & Description (Table 1) Manure Form (Solid or Liquid) Number/NU (Table 1) Maximum Housing Capacity Nutrient Units Factor A (Table 1) Factor D (Table 1) 1 2 Total Nutrient Unit Capacity on Lot Total 3 Factor A (Odour Potential) Weight Average by NU (round to 2 decimal places) 4 Factor D (Manure or Material Form) Weight Average by NU (round to 2 decimal places) 5 Factor E (Encroaching Land Use - Table 4) 6 Potential Nutrient Units: Tillable Ha on Lot ____ x 7.5 = _____ (maximum 300) 7 8 Factor B (Nutrient Units Factor - Table 2) (round to 2 decimal places) 9 F: Building Base Distance (m) = Factor A (3) x Factor D (4) x Factor E (5) x Factor B (8) (round up) 10 S: Manure Storage Base Distance (m) (Tables 5 & 6) (round up) Required Setback from livestock occupied portion of livestock facility = F (9) ______ m Actual: _____ m Required Setback from manure or material storage area = S (10) ______ m Actual: _____ m MINIMUM DISTANCE SEPARATION I CALCULATION FORM Final NU: Greater of Total NU on Lot (2) and Potential NU (6) (For expansion of a settlement area identified in the Official Plan, ignore Potential NU). TYPE A LAND USES include Industrial (excluding M4 Zones), Rural Commercial (C3 Zones) and Passive Recreation Uses and/or Zones Permitting such Uses and shall also include retail retail and office areas associated with a Nursery or Commercial Greenhouse (B/L 107/2010). For the purposes of MDS I a Dwelling or up to three new non-Agricultural Lots are also Type A Land Uses. For the purposes of MDS II, Dwellings and residential Uses not recognized as residential areas in the Town Official Plan, or Cemeteries located in an Agricultural Zone area also Type A Land Uses. TYPE B LAND USES include Institutional, Active Recreation and Commercial (excluding C3 Zones) Uses and/or Zones Permitting such Uses. For the purposes of MDS I, Cemeteries, a Building with three or more Dwelling Units, expansion of a settlement area, more than three new non-Agricultural Lots, Zones for residential Use, or a consent that would result in four contiguous residential Lots are also Type B Land Uses. For the purposes of MDS II, Cemeteries not in an Agricultural Zone and areas specifically designated in the Town Official Plan as residential or settlement areas are also Type B Land Uses. 129 Step Animals Type or Material & Description (T able 1) Manure Form (So lid o r Liquid) Number /NU (T able 1) Maximum Housing Capacity 3 Years Ago (1) NU 3 Years Ago (1) Added Maximum Housing Capacity (1) Added NU (1) Final NU Factor A (T able 1) Factor D (T able 1) 1 2 Total Nutrient Unit Capacity on Lot Totals 3 Factor A (Odour Potential) Weight Average by Added NU (round to 2 decimal places) 4 Factor D (Manure or Material Form) Weight Average by Added NU (round to 2 decimal places) 5 Factor B (Nutrient Units Factor - Table 2 - based on Total Final NU) (round to 2 decimal places) 6 Percentage Increase (%) = (Total Added NU / Total NU 3 Years Ago) x 100 7 Factor C (Orderly Expansion Factor - Table 3) (round to max 4 decimal places) 8 F: Building Base Distance (m) = Factor A (3) x Factor D (4) x Factor B (5) x Factor C (7) (round up) 9 S: Manure Storage Base Distance (m) (Tables 5 & 6) (round up) Factor Actual Setback (m) Type A Land Uses 1 Type B Land Uses 2 Interior Side or Rear Lot Line (max 30m)* 0.1 Exterior Side or Front Lot Line* 0.2 *Round to nearest whole number MDS II SUMMARY MINIMUM DISTANCE SEPARATION II CALCULATION FORM (1) Any livestock facility capacity for which a building permit was issued less than 3 years prior to the current building permit application submission date (and including the current building permit application) is to be considered added capacity. Added capacity could be negative. Required Setback (m) ('F' x Factor) Required Setback (m) ('S' x Factor) Actual Setback (m) Livestock Occupied Portion Manure Storage Base Distance S = ____ m Base Distance F = ____ m 130 Liquid Manure: Factor D = 0.8 <18% Dry Matter Solid Manure: Factor D = 0.7 18 - 100% Dry Matter Sows with litter, dry sows/boars Segregated Early Weaning (SEW) 3.33 Sows with litter, dry sows or boars (non- SEW) 3.5 Breeder gilts (entire barn designed specifically for this purpose) 5 Weaners (7 kg -27 kg) 20 1 .1 Feeders (27 -105 kg) 6 1.2 Milking-age cows (dry or milking) Large-framed; 545 kg - 636 kg (e.g. Holsteins) 0.7 Medium-framed; 455 kg - 545 kg (e.g. Guernseys) 0.85 Small-framed; 364 kg - 455 kg (e.g. Jerseys) 1 Heifers (5 months to freshening) Large-framed; 182 kg - 545 kg (e.g. Holsteins) 2 Medium-framed; 148 kg - 455 kg (e.g. Guernseys) 2.4 Small-framed; 125 kg - 364 kg (e.g. Jerseys) 2.9 Calves (0 -5 months) Large-framed; 45 kg - 182 kg (e.g. Holsteins) 6 Medium-framed; 39 kg - 148 kg (e.g. Guernseys) 7 Small-framed; 30 kg - 125 kg (e.g. Jerseys) 8.5 Cows, including calves to weaning (all breeds) 1 0.7 N/ A Feeders (7 -16 months) 3 Backgrounders (7 - 12.5 months) 3 Shortkeepers (12.5 - 17.5 months) 2 Milk-fed 6 1.1 Grain-fed 6 0.8 Does & bucks (for meat kids; includes unweaned offspring & replacements 8 Does & bucks (for dairy; includes unweaned offspring & replacements) 8 Kids (dairy or feeder kids) 20 Ewes & rams (for meat Iambs; includes unweaned offspring & replacements) 8 Ewes & rams (dairy operation; includes unweaned offspring & replacements) 6 Lambs (dairy or feeder Iambs) 20 Slatted floors or slatted stall system Description Animal Type or Material 0.7 Swine 1.0 Most systems have liquid manure stored under the barn slats for short or long periods, or in storages located outside Systems with solid manure inside on deep bedded packs, or with scraped alleys Beef Cattle 0.8 Slatted floor systems, or barns with minimal bedding & yard scraped to a liquid storage Bedded pack barns with or without outside yard access Manure or Material Form in Permanent Storage Dairy Cattle1 Tie-stall barns with lots of bedding, or loose housing with deep bedded pack, and with or without outside yard access Bedded pens or stalls or heavily bedded calf hutches that are outside Factor A Number per NU Heavily bedded pack barns Veal Goats 0.7 N/ A Heavily bedded pack barns All sheep systems N/ A 0.7 Sheep Free-stall barns with minimal bedding or sand bedding, or tie-stall barns with minimal bedding & milking centre washwater added TABLE 1: Factor A (Odour Potential) and Factor D (Manure or Material Form in Storage Facility) 131 Liquid Manure: Factor D = 0.8 <18% Dry Matter Solid Manure: Factor D = 0.7 18 - 100% Dry Matter Large-framed, mature; > 681 kg (including unweaned offspring) 0.7 Medium-framed, mature; 227 kg - 680 kg (including unweaned offspring) 1 Small-framed, mature; < 227 kg (including unweaned offspring) 2 Layer hens (for eating eggs; after transfer from pullet barn) 150 1.0 Layer pullets (day olds until transferred into layer barn) 500 0.7 Broiler breeder growers (males/ females transferred out to layer barn) 300 0.7 N/A Bedded floors Broiler breeder layers (males/females transferred in from grower barn) 100 0.7 N/A Cage or slatted floor systems Broilers on 8 week cycle 350 Broilers on 9 week cycle 300 Broilers on 10 week cycle 250 Broilers on 12 week cycle 200 Broilers on any other cycle, or if unknown, use 24.8 m2/NU 24.8 m2 Turkey pullets (day old until transferred to layer turkey barn) 267 Turkey breeder layers (males/females transferred in from grower barn) 67 Breeder toms 45 Broilers (day olds to 6.2 kg) 133 Hens (day olds up to 6.2 kg to 10.8 kg; 7.5 kg is typical) 105 Toms (day olds to over 10.8 to 20 kg; 14.5 kg is typical) 75 Turkeys at any other weights, or if unknown, use 24.8 sq m/NU 24.8 m2 Quail Use 24.8 m2/NU 24.8 m2 Partridge Use 24.8 m2/NU 24.8 m2 Pheasants Use 24.8 m2/NU 24.8 m2 Squab Use 24.8 m2/NU 24.8 m2 Rheas Adults (includes replacements & market birds) 13 Emus Adults (includes replacements & market birds) 12 Ostriches Adults (includes replacements & market birds) 4 Peking 105 Muscovy, use 24.8 m2/NU 24.8 m2 Geese Use 24.8 m2/NU 24.8 m2 Rabbits Breeding females (including males, replacements & market animals) 40 Chinchillas Breeding females (including males, replacements & market animals) 320 Fox Breeding females (including males, replacements & market animals) 25 Mink Breeding females (including males, replacements & market animals) 90 N/A Cage or floor systems 1.0 0.7 Horses Animal Type or Material (Table 1, Page 2 of 3) Manure or Material Form in Permanent Storage Factor A N/ A Turkeys Birds in cages, manure belts, no drying of manure, water added Birds in cages, manure belts & drying, or floor systems Chickens 0.7 N/A Bedded floor systems 0.7 N/ A Bedded floor systems 0.7 N/A Bedded floor systems 0.8 Wire mesh flooring systems Bedded floor systems Ducks All horse systems 0.8 Number per NU Description 132 Liquid Manure: Factor D = 0.8 <18% Dry Matter Solid Manure: Factor D = 0.7 18 - 100% Dry Matter Adults (includes unweaned calves & replacements) 1.3 Feeders (170kg - 477kg) 4 Adults (includes unweaned young & replacements) 5 Feeders (45kg - 86kg) 16 Adults (includes unweaned young & replacements) 8 Feeders (23kg - 48kg) 26 Breeding age sows (includes boars, replacements & weaned piglets to 27kg) 5 Finishing boars (27 kg -86 kg) 7 White tailed deer -Adults> 24 mo (including unweaned offspring 11 -Feeders 21 Red deer -Adults> 24 mo (including unweaned offspring) 7 -Feeders 14 Elk -Adults> 24 mo (including unweaned offspring) 2 -Feeders 6 Elk/deer hybrids -Adults> 24 mo (including unweaned offspring) 4 -Feeders 10 Fallow deer -Adults> 24 mo (including unweaned offspring) 13 -Feeders 23 Other livestock not listed in this table To determine the number per NU, add up the total maximum live weight of animals and divide by the weight of animals per NU in the next column 453.6 kg (1000 Ibs) 0.8 All storages with liquid manure All storages with solid manure Manure imported to a lot not generating manure2 Maximum capacity of permanent storages at any time: solid or liquid capacity 19.8 m3 (700 ft3) 1.2 All storages with liquid manure All storages with solid manure Storages for digestate from an Anaerobic Digester (odours reduced during this process) Maximum capacity of permanent storages at any time: solid or liquid capacity 19.8 m3 (700 ft3) 0.5 All storages with liquid manure All storages with solid manure Bedded pack barns with outside access OR outside confinement areas N/ A 0.7 1. On farms with 100 milking-age cows [dry & milking), there are usually about 20 replacement calves and 80 replacement heifers. 2. Average value for typical types of manures that might be imported to a lot, such as poultry, dairy, beef, swine, horse or other manure. N/A = Not Applicable Deer Bison Llama Alpaca Wild Boar Animal Type or Material (Table 1, Page 3 of 3) Description Number per NU Factor A Manure or Material Form in Permanent Storage 133 66 285 240 429 68 287 245 432 43 0.7666 6 153 70 289 250 435 44 0.7728 7 157 72 291 260 441 1 0.5062 45 0.7790 8 160 74 293 270 447 2 0.5124 46 0.7852 9 163 76 294 280 453 3 0.5186 47 0.7914 10 167 78 296 290 458 4 0.5248 48 0.7976 11 170 80 298 300 464 5 0.5310 49 0.8038 12 173 82 300 310 469 6 0.5372 50 0.8100 13 177 84 301 320 474 7 0.5434 55 0.8167 14 180 86 303 330 480 8 0.5496 60 0.8230 15 183 88 305 340 485 9 0.5558 65 0.8294 16 187 90 307 350 490 10 0.5620 70 0.8357 17 190 92 309 360 494 11 0.5682 75 0.8420 18 193 94 310 370 499 12 0.5744 80 0.8484 19 197 96 312 380 504 13 0.5806 85 0.8547 20 200 98 314 390 508 14 0.5868 90 0.8610 21 202 100 316 400 513 15 0.5930 95 0.8674 22 204 102 318 410 517 16 0.5992 100 0.8737 23 206 104 320 420 522 17 0.6054 105 0.8800 24 208 106 322 430 526 18 0.6116 110 0.8864 25 210 108 324 440 530 19 0.6178 115 0.8927 26 212 110 326 450 535 20 0.6240 120 0.8990 27 214 112 329 460 539 21 0.6302 125 0.9054 28 216 114 331 470 543 22 0.6364 130 0.9117 29 218 116 333 480 547 23 0.6426 135 0.9180 30 220 118 335 490 551 24 0.6488 140 0.9244 31 222 120 337 500 555 25 0.6550 145 0.9307 32 224 122 339 520 562 26 0.6612 150 0.9371 33 226 124 340 540 570 27 0.6674 160 0.9497 34 228 126 342 560 577 28 0.6736 170 0.9624 35 230 128 344 580 584 29 0.6798 180 0.9751 36 232 130 346 600 591 30 0.6860 190 0.9877 37 234 135 351 620 598 31 0.6922 200 1.0000 38 236 140 355 640 605 32 0.6984 300 1.0280 39 238 145 360 660 611 33 0.7046 400 1.0560 40 240 150 364 680 618 34 0.7108 500 1.0840 41 242 155 368 700 624 35 0.7170 600 1.1120 42 244 160 372 750 639 36 0.7232 43 246 165 376 800 654 37 0.7294 44 248 170 380 850 668 38 0.7356 45 250 175 384 900 681 39 0.7418 46 252 180 388 950 694 40 0.7480 47 254 185 392 1000 707 41 0.7542 48 256 190 395 1100 731 42 0.7604 49 258 195 399 1200 753 50 260 200 402 1300 775 52 264 205 406 1400 795 54 268 210 409 1500 815 56 272 215 413 2000 870 58 276 220 416 3000 980 60 280 225 419 4000 1090 62 282 230 423 5000 1200 64 284 235 426 >5000 See Note. 700% or more or first Livestock Facility on Lot 1.1400 0.5000 Final NU Factor B Factor C % Increase in NU 150 5 or Less Table 2 Note: For capacities >5000 NU: consult OMAFRA, Municipal staff or, MDS Computer Program. Factor C TABLE 2: Factor B (Nutrient Units Factor) 0% or Decrease % Increase in NU TABLE 3: Factor C (Orderly Expansion Factor) Final NU Factor B Final NU Factor B 134 Factor E 1.1 2.2 *See Section 2, Definitions, in Zoning By-law. TABLE 5: Permanent Manure or Material Storage Types Solid Manure: 18% dry matter, or more Liquid Manure: Less than 18% dry matter Digestate: Less than 18% dry matter Storage Odour Potential Solid or Liquid System Inside or Outside Livestock Facility Number referred to in Table 6 Description of permanent manure storages being sited by MDS II, or encroached upon through MDS I application Inside V1 Solid, inside, bedded pack (manure accumulates under livestock over time) V2 Solid, outside, covered (cover keeps off precipitation to prevent runoff) V3 Solid, outside, no cover, greater than or equal 30% dry matter (manure is dry enough that a flowpath option can be used for runoff control (Nutrient Management Act, 2002) V4 Solid, outside, no cover, 18% to less than 30% dry matter, with covered liquid runoff storage (manure not dry enough to soak up precipitation, so a liquid runoff storage needed but it has a permanent, tight cover) Inside V5 Liquid, inside, underneath slatted floor (manure is stored under the animals in the barn) V6 Liquid, outside, with a permanent, tight fitting cover (negative pressure tarp, concrete lid, inflatable dome, etc.) V7 Liquid, (digestate), outside, no cover (all manure has been treated through anaerobic digestion, or a similar process that reduces odours) Solid Outside L1 Solid, outside, no cover, 18% to less than 30% dry matter, with uncovered liquid runoff storage (manure not dry enough to soak up precipitation, so a liquid low runoff storage needed, but it is uncovered, producing more odour than in V4 above) Liquid Outside L2 Liquid, outside, with a permanent floating cover (tarps, foam panels, etc.) M1 Liquid, outside, no cover, straight-walled storage (usually circular or rectangular, concrete or steel storages) M2 Liquid, outside, roof, but with open sides (roof keeps off precipitation, but the open sides allow wind to travel over the manure and carry odours) High Liquid Outside H1 Liquid, outside, no cover, sloped-sided storage (earthen manure storages, but not earthen runoff storages associated with a solid manure storage which are L 1 above) Outside Very Low Low Medium Liquid Outside Outside Solid Liquid Encroaching Land Use Type A Land Use* Type B Land Use* TABLE 4: Factor E (Encraoching Land Use Factor) 135 Very Low Low Medium High Odour Storages V1 to V7 Odour Storages L1 to L2 Odour Storages M1 to M2 Odour Storages H1 40 40 64 136 232 50 50 74 145 240 60 60 84 154 248 70 70 93 163 256 80 80 103 172 264 90 90 113 181 272 100 100 123 190 280 110 110 132 199 288 120 120 142 208 296 130 130 152 217 304 140 140 162 226 312 150 150 171 235 320 160 160 181 244 328 170 170 191 253 336 180 180 201 262 344 190 190 210 271 352 200 200 220 280 360 210 210 230 289 368 220 220 240 298 376 230 230 249 307 384 240 240 259 316 392 250 250 269 325 400 260 260 279 334 408 270 270 288 343 416 280 280 298 352 424 290 290 308 361 432 300 300 318 370 440 310 310 327 379 448 320 320 337 388 456 330 330 347 397 464 340 340 357 406 472 350 350 366 415 480 360 360 376 424 488 370 370 386 433 496 380 380 396 442 504 390 390 405 451 512 400 400 415 460 520 420 420 435 478 536 440 440 454 496 552 460 460 474 514 568 480 480 493 532 584 500 500 513 550 600 600 600 610 640 680 800 800 805 820 840 1000 1000 1000 1000 1000 Table 6: MDS I/II Separation Distances for Permanent Manure Storage Greater than 1000 m Storage Separation Distances Based on Relative Odour Potential - Storage Base Distance, 'S' (m) Building Base Distance (m) for MDS II ('F'), or Encroachment Base Distance for MDS I ('F') Storage Base Distance, 'S', should be the same as Building Base Distance or Encroachment Base Distance -'F' 136 APPENDIX "B" - deleted (B/L 19/2007) APPENDIX "C" - PARKING AREA MINIMUM STANDARDS Parking Angle A Stall Width (m) B Stall to Curb (m) C Aisle Width (m) D Curb Length Per Car (m) E Curb to Curb Width (m) F Centre to Centre Width (m) G 90A 2.75 5.5 7.3 2.75 18.3 18.3 90B 3.0 5.5 6.0 3.0 17.0 17.0 60 2.75 6.1 5.0 3.1 17.2 15.7 45 2.75 5.8 4.5 4.0 16.1 14.2 30 2.75 5.1 4.0 5.3 14.2 11.9 APPENDICES "D", "E", and "F" - deleted (B/L 107/2010)