This is an automated transcription (OCR) of the captured
official document — minor recognition errors are possible; the source
document governs.
Snapshot b775803633f6 · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
## THE CORPORATION OF THE MUNICIPALITY OF POWASSAN
BY-LAW No. 2003-38
Being a By-Law to regulate the use of land and the character, location and use of buildings or structures in the Municipality of Powassan
WHEREAS the Council of the Corporation of the Municipality of Powassan passed By-Laws no. 647, 92-22, 1998-28 and 2000-14 to regulate the use of land and the character, location and use of buildings or structures in the former Township of Himsworth South, the Town of Trout Creek and the Town of Powassan;
AND WHEREAS the Council of the Corporation of the Municipality of Powassan did pass By-Law no. 2003-37 on October 21, 2003, adopting the Official Plan for the Municipality of Powassan;
AND WHEREAS the Council of the Corporation of the Municipality of Powassan now deems it desirable and in the public interest to rescind By-Laws no. 647, 92-22, 1998-28, 84-4 and 2000-14 and all amendments thereto, and enact a new Comprehensive Zoning By-law under Section 34 of the Planning Act, R.S.O, 1990, c.p. 13 as amended, which will serve to regulate the use of the land and the character, location and size of buildings and structures within the boundaries of the Municipality of Powassan.
NOW THERFORE the Council of the Corporation of the Municipality of Powassan enacts a By-Law as follows:
Read a FIRST time and considered read a SECOND and THIRD time and passed as such in open Council this /Bday of November 2003.
Видь
Clerk v
sabelle
<!-- image -->
## ZONING BY-LAW MUNICIPALITY OF POWASSAN
Prepared by:
<!-- image -->
OCTOBER 2003
:
- 4.13
| 3.33 | Trailer Park and Private Recreational Uses | |
|-----------------------------------------|----------------------------------------------------------------------------|----|
| 3.34 | Trailers, Motor Homes and Campers | |
| SECTION 4: PROVISIONS FOR SPECIFIC USES | SECTION 4: PROVISIONS FOR SPECIFIC USES | 18 |
| | VILLAGE RESIDENTIAL (RV1) ZONE (SERVICED) | |
| | VILLAGE RESIDENTIAL (RV2) ZONE (UNSERVICED) MULTIPLE RESIDENTIAL (RM) ZONE | |
| | RESIDENTIAL MOBILE HOME (RMH) ZONE | |
| | RURAL (RU) ZONE | |
| | HIGHWAY COMMERCIAL (CH) ZONE | |
| | VILLAGE COMMERCIAL (CV1) ZONE (SERVICED) | |
| | VILLAGE COMMERCIAL (CV2) ZONE (UNSERVICED) TOURIST COMMERCIAL (CT) ZONE | |
| 4.10 | BUSINESS PARK (BP) ZONE | |
| 4.11 | | |
| 4.12 | GENERAL INDUSTRIAL (M1) ZONE | |
| | EXTRACTIVE INDUSTRIAL (MX) ZONE DISPOSAL INDUSTRIAL (MD) ZONE | |
| 4.14 | INSTITUTIONAL' (1) ZONE | |
| 4.15 | OPEN SPACE (OS) ZONE | |
| 4.16 | | |
| | ENVIRONMENTAL PROTECTION (EP) ZONE | |
| SECTION 5:- DEFINITIONS | SECTION 5:- DEFINITIONS | |
| PARKING SPACE REQUIREMENT TABLE | PARKING SPACE REQUIREMENT TABLE | 14 |
## APPENDICES
MINIMUM DISTANCE SEPARATION FORMULAES ILLUSTRATIONS
## SECTION 1 ADMINISTRATION
## 1.1 Title
Towassany may be referred to as The Zoning By-law for the Municipalily of
## 1.2 Area Affected by this By-law
This By-law applies to all lands within the geographic Municipality of Powassan.
## 1.3 Building Permits
The requirements of the By-law must be met before a Building Permit is issued by the Municipality for the erection or alteration of any building or
## 1.4 Enforcement
Any person convicted of a violation of this By-law is liable, at the discretion of the convicting Justice, on first conviction to a fine of not more than $25,000 and on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted.
## 1.5 Severability Provision
A decision of a Court stating that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions of this By-law.
## 1.6 Repeal of Existing By-laws
Upon this By-law coming into effect the following By-laws and all Amendments thereto are hereby repealed: 647, 84-4. 1998-28, 92-22 and 2000-14.
## 1.7 Effective Date
This By-law shall come into force the day that it was passed in accordance with the provisions of the Planning Act.
## 1.8 Metric and Imperial Terms
The imperial measurements contained in this By-law are included for convenience only and do not form part of the By-law. The metric measurements contained in this By-law are the only measurements to be used in determining compliance with the By-law.
## 1.9 Reference to Legislation
Where this Zoning By-law makes reference to legislation, then the references shall be deemed to mean that as presently existing, or as amended, replaced or re-enacted, from time-to-time by the Province, and shall be deemed lo include, in addition 1o the statute itself, all regulations passed thereunder.
:
:
·
## SECTION2 ESTABLISHMENT OF ZONES
## 2.1 Zones
For the perpse of by name or by the symbol set opposie the name o the zone as indicated below:
RV1
Village Residential
RV2
Village Residential
RM
RMH
Residential Mobile Home
RU
CH -
Rural
CT -
CV1 -
Highway Commercial
Tourist Commercial
CV2
BP
M1
MD
MX
OS
EP
General Industrial
Disposal Industrial
Industrial Extractive
Institutional
Open Space
Environmental Protection
## 2.2 Zone Schedule
The zones and zone boundaries are shown on Schedule A, which forms part of this By-law.
## 2.3 Determining Zone Boundaries
- a) A zone boundary, which is shown approximately at a lot line, street or lane, is considered to be at the boundary of the lot line, street or
- b) A zone boundary shown approximately at the centre line of a street or lane is considered to be the centre line of the street or road.
- c) Unless the location of a zone boundary is specified by dimensions on the zoning map, a zone boundary, which lies within a lot, shall b ixed by the scale of the Schedule upon which it is shown
4. A zone boundary shown following approximately a shoreline or the centre line of a creek, stream or channel is considered to be the horeline or centre line and moves with any natural changes 1o th aterbody or watercours
- e) All lands below the surface of a navigable waterbody or watercourse with the exception of the Genesee Creek shall be deemed to be in the Open Space (OS) Zone. Lands below the Genesee Creek, shall be deemed to be in the Environmental Protection (EP) Zone.
- 1) The Environmental Protection Zone will be determined in the field.
·
## 2.4 Compliance with Zoning By-law
No person shall change the use of any building, structure or lot or erect or use any building or structure or use or occupy any lot or building in whole or in part, except in conformity with the provisions of this By-law.
=
## 3.1 Accessory Buildings, Structures and Uses
## a) Permitted Uses
Where this By-law provides that a lot may be used and a building or structure may be erected or used for a purpose, that purpose shal include any accessory building or structure or accessory use provideo that a valid building permit for the principal use, if required, is issued or that the principal building or structure is already in existence on the
Accessory buildings shall not be used for:
- 1) any occupation for gain or profit conducted within or accessory to a dwelling unit or lot except as specifically permitted in accordance with this By-law; or
2. il) By an habitation except where specifically permited by this
## Setback Requirements
Except as otherwise provided by this By-law, any accessory building or structure shall comply with the yard requirement of the zone within This provision shall not apply to prevent the construction of docks, marine facilities, gazebos or pumphouses as may otherwise be permitted in this By-law.
## c) Lot Coverage and Height
The total lot coverage of all accessory buildings and structures, excluding swimming pools, shall not exceed 5 per cent of the lot area nor shall the height of any accessory building or structure exceed 5 metres.
## Accessory Structure Encroachments
Notwithstanding the yard and setback provisions of this By-law to the
## e) Boat Dock or Launching Ramp
line or the 90 degree projection of the side lot line where it meets the
## 1) Garages or Other Accessory Buildings or Structures
## Interior Side Yard
Where such accessory building or structure is located in an interior side yard, it shall not be closer than 1.5 metres to the interior side lot line.
## ii) Rear Yard
Where such accessory building or structure is located in a rear yard, it shall not be closer than 1.5 metres to the rear lot line except, where the rear lot line abuts a municipally maintaine oad, it shall not be closer than 10 metres to the rear lot line
## їїї) Commercial and Industrial Uses
Notwithstanding the foregoing provisions, no building or structure accessory 1o a Commercial or Industrial use shall be erected closer than 3 metres to an interior side lot line
## 9) Decks, Steps, Balconies, Verandas or Patios
## Gazebos
Notwithstanding the yard and setback requirements of this By-law to le contrary, a gazebo may be permitted in the front yard of a l Jjacent to a waterbody provided tha
- 1) the maximum area is 10.0 square metres;
2. ii) it is setback at least 4.0 metres from the normal average or maintained high water mark;
3. it is setback at least 2.0 metres from any side lot line; and,
4. iV) the height shall not exceed 5.0 metres.
:
·
·
## 3.2 Antennae, Towers, Satellite Dishes and Windmills
Radio and television antenna towers, satellite dishes and dish antennas. windmills less than 10 metres in height and other similar structures are permitted in any zone provided they meet the minimum requirements of the zone in which they exist and are not located in any front yard or exterior side yard.
## 3.3 Buffer Strips
Where a buffer strip is required in any zone, it shall be located within that zone and shall be the minimum width as specified in the regulations for that zone. It shall not form part of any required landscaped open space or yard requirement. Within required buffer areas, a solid and continuous landscape screen shall be planted and maintained. such species so as to continually restrict a clear view beyond such buffer strip.
## 3.4 Construction Uses
A tool shed, not exceeding 10 square metres, construction trailer, scaffold or other building or structure incidental to construction is permitted in all areas within the Municipality on the lot where it is situated and only for so long as it is necessary for the work in progress and until the work is completed or abandoned. For the purpose of this Section, abandoned shall mean the discontinuation of work for more than 120 consecutive days or the failure to maintain a current building permit.
## 3.5 Dwelling Units on a Lot
Unless specified elsewhere in this By-law, no more than one dwelling unit shall be permitted on a lot.
- 3.6 Environmental Protection Area
## 3.7 Established Building Line
## 3.8 Frontage on Improved Public Road, Private Road or Navigable Waterway
## Improved Public Road
No person shall erect any building or structure in any Zone after the date of passing of this By-law, unless the lot upon which such building or structure is to be erecled has frontage upon an improved public road.
Aunicipality, notwithstanding that the road or roads will not b issumed by the Municipality until the end of the maintenance period reconstruction or other structural alteration of an existing building oi structure, which is located on a lot which does not have frontage pon an improved public road, provided the use of such building o structure does not change and is permissible within the Zone in whic it is located.
## b) Seasonally Maintained Roads
Notwithstanding the provision in Section 3.8 (a), recreational dwellings manan do a sang a Perman and is cured, a e principle residence shall not be permitted on a seasonally maintained road.
## c) Frontage on Private Road
Notwithstanding the provision of Section 3.8 (a) where a lot fronts upon a private road or private right-of-way, a use, building or structure shall be permitted on such lot, in accordance with the applicabl provisions of this By-law provided such private road or private right-ofway existed as of the date of passing of this By-law.
## d) Hunt Camps
Notwithstanding the provisions of Sections 3.8 (a) and (b) a Hunt Camp shall be permitted if it is located on a lot which has access onto an unimproved municipal road allowance or a private road but does not have access on a maintained municipal road.
## 3.9 Group Homes
A group home shall be permitted on a lot in any zone that permits a dwelling provided that it is not located closer than 300 metres to another group home.
## 3.10 Height Exceptions
·
## 3.11 Home Occupation
Where a Home Occupation is a permitted use the following provisions shall apply:
- a) no person, other than a person living on the premises, shall be engaged in the occupation of providing merchandise and/or services to customers with the exception of one assistant who is not a resident in the dwelling:
2. there shall be no display, other than a sign having a maximum area of 0.5 square metres, to indicate to persons outside that any part of the dwelling is being used for a purpose other than residential. in any residential zone, no display or sign to indicate that the dwelling is being used for a purpose other than residential shall be permitled;
- c) there shall be no goods, wares, or merchandise offered for sale or rent from the dwelling, which are not manufactured or processed on the premises. The resale of products not manufactured or processed on the property is prohibited;
- d) not more than 25 per cent of the gross floor area of the dwelling shall be used for the purposes of home occupation, and such home occupation shall be conducted entirely within the dwelling:
5. there shall be no outside animal enclosures or external storage of goods or materials in conjunction with the home occupation use; and
6. a home occupation shall not include a boarding or lodging house, an eating establishment, or a group home, but may include a bed and breakfast establishment or an unlicensed day nursery.
## 3.12 Home Industry
Where a Home Industry is a permitted use the following provisions shall apply:
- a) a maximum of four (4) persons may be engaged in the home industry;
2. such home industry may be located in part of a dwelling, or in any accessory building located on a lot on which a dwelling is in existence, provided the cumulative total gross floor area utilized by the home industry does not exceed a maximum of 150 square metres (1615 sq. on be the one.
- C) there shall be no outside storage of goods, materials or articles;
- d) Notwithstanding section 3.12(c) a maximum of three currently licensed motor vehicles associated with the home industry may be parked or stored on the lot but only within an interior side or rear yard;
- e) there shall be no emission of noise, odour or dust, which is not normally attributed to the use of the land for residential uses;
- 1) only one home industry is permitted on an individual lot;
- a home industry shall be clearly secondary to the main residential use and shall not change the residential character of the dwelling on the lot; and,
- the home industry shall comply with the following minimum lot area, yard and selback provisions:
- 1) minimum lot area
- iv) Existing buildings, which do not meet the setback requirements of subsection i) may be used for home industries provided that all of the other provisions in this
- 1) maximum sign size
- il) minimum setback from all lot lines
0.8 hectares (2.0 acres)
30.0 metres (100 feet)
- ii) minimum separation from dwelling in existence on another lot
60.0 metres (200 feet)
## 3.13 Minimum Distance Separation
of this By-law.
Setbacks for new dwellings constructed on lots other than the lot containing the barns containing livestock shall be required in conformity with the MDSI Formula, attached to and forming part of this By-law.
## 3.14 Minimum Opening Elevation
Where lands abut the South River Reservoir no opening to a habitable building shall be located below the 264.85 m CGD elevation.
## 3.15 Mobile Homes
Mobile homes may be used as dwelling units where they meet the following requirements:
- a) the structure must be constructed to C.S.A. Standard Z240 or Z241;
2. the structure is located on permanent foundations with the running gear and towing equipment removed;
3. the structure shall have at least 65 square metres of ground floor area, at least 5.5 metres wide and located on a lot such that the widest dimension of the building faces the public road;
4. the structure shali be completely enclosed from the surface of the finished grade to the roof; and,
1.0 sq m
:
:
·
- e) the structure shall be fully serviced with running water, electricity and sanitary sewage facilities.
2. building permits are required for the placement of mobile homes on any lands.
3. mobile homes having a width of less than 5.5 metres shall be permitted in a Residential Mobile Home (RMH) Zone only.
## 3.16 Multiple Uses on One Lot
Where any land, building or structure is used for more than one permitted use, the applicable Zone Provisions of this By-law, which serve to regulate each, such use shall be complied with.
3.17 Multiple Zones on One Lot Where a lot is divided into more than one Zone under the provisions of this 3y-law, each such portion of the lot shall be used in accordance with the Zone provisions of this By-law for the applicable Zone as if it were a separate lot.
## 3.18 Non-Complying Lots, Buildings and Structures
## a) Buildings on Undersized Lots
Where a building or structure is located on a lot having less than the minimum frontage and/or lot area, and/or having less than the minimum setback, fron! yard and/or side yard and/or rear yard required by this By-law, the saic building or structure may be enlarged, reconstructed, repaired and/or
- 1) the enlargement, reconstruction or renovation and/ or repai does not further reduce the front yard, and/ or side yard, and/ or rear yard or increase lot coverage beyond the requirement of this By-law
- i) the building or structure is being used for a purpose permissible within the Municipality in which it is located; and,
3. iii) all other applicable Provisions of this By-law are complied with.
## b) Reconstruction of Existing Building
Nothing in this By-law shall prevent the reconstruction of a legally existing building that does not comply with the provisions in this By-law, provided that no part of the building that is non-complying is increased in height or volume.
## c) Existing Undersized Lots
Where a lot, having a lesser lot area and/or lot frontage than required herein, existed on the date of passing of this By-law, or where such a lot is creater by a public authority or correction of title, such a smaller lot may be used an a permitted building or structure may be erected and/or used on such a maller lot provided that all other applicable provisions of this By-law ar omplied with and provided that a sewage system that comolies with th regulations under Building Code can be installed on the lands.
Lots, which have been increased in size following adoption of this By-law nay also be used in accordance with this provision.
## 3.19 Non-Conforming Uses
## a) Continuation of Exisling Uses
The provisions of this By-law shall not apply to prevent the use of any existing lot, building or structure for any purpose prohibited by this Bylaw if such existing lot, building or structure was lawfully used for such purposes prior to the effective date of this by-law and provided that he lot, building or structure continues to be used for that purpose here the use ceases to exist for a period of two years, the use wil
## Exterior Extension
The exterior of any building or structure which was lawfully used prior 1o the effective date of this by-law for a purpose not permissible within the Zone in which il is located, shall not be enlarged, extended, reconstructed or otherwise structurally altered, unless such building or structure is thereafter to be used for a purpose permitted within such Zone, and complies with all requirements of this By-law for such Zone unless these changes are necessary to provide for flood proofing or insulation of the building.
## C) Interior Alteration
The interior of any building or structure which was lawfully used, prior to the effective date of the By-law, for a purpose not permissible within the Zone in which it is located, may be reconstructed or structurally altered for the existing purpose for which such building or structure was lawfully used.
## Restoration
Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any existing, legal non-conforming building or structure or part thereof, provided that the strengthening or restoration does not increase the building height, size or volume or change the existing, lawful use of such existing building or structure or unless these changes are necessary to provide for flood proofing o nsulation of the building
## e) Reconstruction Of Existing Dwellings
Nothing in this By-law shall apply to prevent the reconstruction of any more of the provisions of this By-law, but the non-conformity may not be further increased.
Buildings damaged or destroyed, as the result of natural flooding shall By lae reconstructed except in accordance with the provisions of this
·
:
:
·.
## 1) Building Permit Issued
The provisions of this By-law shall not apply to prevent the use of any substantially completed within one year after the date of the passin of this By-law and a building permit is issued by the Chief Buildin
## 3.20 Outdoor Storage
- such open storage is accessory to the use of the main building on the
- open storage is behind the front or exterior wall of the main building facing any street, and complies with all yard requirements;
- c) such open storage does not cover more than 15 percent of the lot area; and,
- d) any portion of a lot used for open storage is screened from adjacen uses and streets adjoining the lot, by a building, planting strip, and/o groced All fences shall extend at least 1.8 metres in height from the
## 3.21 Parking Area Regulations
## Parking Space Requirements
Parking spaces and areas are required under this By-law, in accordance with Table 1, the Parking Space Requirement Table. The owner of every building or structure erected or used for any of the purposes listed shall provide and maintain parking spaces and areas accordingly.
If any computation of parking space requirement as sel forth in this section results in a number containing a fraction above 0.25, that remaining fraction shall be counted as one parking space.
## Parking Area Surface
Parking spaces, areas and driveways connecting the parking space or area with a street shall be maintained with a stable surface, which is
- c) Ingress and Egress Provisions
- 1) ingress and egress to and from the required parking space ind areas shall be provided by means of unobstructe driveways or passageways al least 3.0 metres but not more than 12.0 metres in perpendicular width;
2. in) the maximum width of any joint ingress and egress driveway ramp measured along the street line shall be 9.0 metres:
3. її) the minimum distance between any lwo driveways on one lot or between a driveway and an intersection of street lines measured along the street line intersected by such driveway shall be 8.0 metres; and
4. iN) the minimum angle of intersection between a driveway and a street line shall be 60 degrees.
## d) More Than One Use on a Lot
## e) Parking Area Location on Lot
Notwithstanding the yard and setback provisions of this By-law 1o the contre adore lice alien fa real earner inde
- 1) Additions To, or Changes In, The Use of Existing Buildings and Structures
any existing building or structure so long as the gross floor area i not increased. If any addition is made to a building or structure
The provision of this paragraph shall not apply to require the establishment of parking spaces for a dwelling, which existed at the date of passing of this By-law.
## g) Use of Parking Spaces and Areas
Parking spaces and areas required in accordance with this By-law shall be used forthe parking of operative, currently licensed vehicles unles ond ee lovehicles used in operation incidental to the permitted
## Winter Use
If the parking area is required to be used in the winter, an additional area equal to 20% of the required area shall be provided for snow storage.
:
·
TABLE 1 PARKING SPACE REQUIREMENT TABLE
| Type of Use | Minimum Off-street Parking Requirements |
|---------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Arena, Private club fares are or other, | 1 parking space for each four persons that may be legally accommodated at any one time. |
| | 1 parking space for each 20 m' of gross floor area of the building directly related to the specified permitted use. |
| | 1 parking space for each 9 m' fraction thereof, or 1 parking space for each 4 persons or fraction thereof, that may be legally accommodated at any one time, whichever is greater. |
| Golf Course | 24 parking spaces for each 9 holes of golfing facilities. |
| Hotel, Motel, Resort, Cottage or Establishment, Tourist Establishment, Camp Site, Camping Establishment | 1 parking space for each guest room, cottage, cabin or camp site, plus such or parking facilities as are required for an eating establishment or entertainment lounge licensed in accordance with The Liquor License Acl, as amended, should such exist. |
| | 1 parking space for each 4 persons that may be legally accommodated at any one time. |
| | 2 parking spaces for every 1 boat slip and 1 parking space for every 8 m? of gross oor area devoted to commercial use exclusive of storage areas |
| Medical, Veterinary or Dental Clinic, or Offices of a Drugless Practitioner | S pang space for each examination room |
| Residential, Residential Mobile Home | parking spaces per dwelling |
| Workshop | parking space per 35 m' of gross floo |
| Vursing Home, Retirement Homes, Seniors Residence or Home for the Aged | a parking space per 4 rooms/beds. |
| Uses Permitted by this By-law other than those listed in this Table | 1 parking space per 35 m' of gross floor area. |
## 3.22 Pits, Quarries and Peat Extraction
The making or establishment of pits or quarries and the extraction of peat is prohibited within the area covered by this By-law, except in the locations permitted by this By-law, and in accordance with the express provisions of this By-law. No person shall use or occupy land or erect any building or structure or conduct any activity on land for the purpose of processing, washing, screening, sorting or crushing of rock, sand, gravel, or peal except as expressly provided for in this By-law.
## 3.23 Public Uses
## a) Public Services
The provisions of this By-law shall not apply to prohibit the use of any lot or the erection or use of any building or structure for the purpose necessary power, no, as a rate.
## b) Location Restrictions
provision does not apply to Crown Agencies.
## c) Provisions
- 1) no goods, materials or equipment shall be stored outside th building or structure located on the lot, except as ma otherwise be permitted under this By-law; and
2. il) no building or structure erected in accordance with the provisions of this Section shall be used for the purposes of an office or maintenance or works depot.
## d) Streets and Installations
:
·
·
## 3.24 Reduction of Requirements
No person shall change the purpose for which any land, building or structure is used or erect any building, or structure, or construct an addition to any existing building or structure, or sever any lands, if the effect of such action is to cause the original adjoining, remaining or new building, structure or lot to be in contravention with this By-law.
## 3.25 Restrictions on Dwelling Units in Non-Residential Buildings
Notwithstanding any other provision of this By-law to the contrary, no dwelling unit shall be located within a portion of a non-residential building which has gasoline or other flammable fluids stored in bulk for commercial purposes, in conjunction therewith, and without limiting the generality of the foregoing, a dwelling unit shall not be permitted within a motor vehicle service station, a motor vehicle repair garage, a marina, a motor vehicle body shop or a marine
## 3.26 Setback from Natural Gas Pipeline
No permanent buildings, structures or excavations shall be located closer than 10 metres from the gas pipeline right of way.
## 3.27 Setbacks from Waste Disposal Areas
No dwelling serviced with a private well shall be located within 500 metres of a licensed Waste Disposal Fill Area or 100 metres from a licensed Sewage Lagoon or Sewage Treatment Facility.
## 3.28 Setback from Watercourses
No building or structure except marine facilities, gazebos, boathouses and pumphouses shall be located within 10 metres (33 feet) of the normal or maintained high water mark of any river, stream or other watercourse
## 3.29 Sight Triangles
On a corner lot, within the triangular space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each point being as specified below, no vehicle shall be parked and no structure or fence in excess on 1.0 metre in height shall be erected and no land shall be used for the growing of shrubs or trees in excess of 1.0 metre in height. The triangular space is hereafter defined as a site triangle.
## Minimum site triangles
in Residential Zones
in Commercial Zones :
in Rural and Agricultural Zones -
adjacent to Provincial Highways
or Railways
6.0 metres
6.0 metres
10.0 metres
30 metres
## 3.30 Signs
The provisions of this By-law shall not apply to prevent the erection, alteration
## 3.31 Temporary Housing
Nolwithstanding any other provision of this By-law, to the contrary, where a dwelling is destroyed, and a Building Permit for reconstruction of the dwelling has been issued by the Municipality for the subject lands, the residents may occupy a travel trailer on a temporary basis but only during the period which the dwelling is being reconstructed to a maximum of one year provided that
## 3.32 Through Lots
Where a lot, which is not a corner lot, has lol frontage on more than on treet, the setback and front yard requirements contained herein shall appl on each street in accordance with the provisions of this By-law.
## 3.33 Trailer Park and Private Recreational Uses
Unless specified elsewhere in this By-law, the establishment of trailer parks. nobile home parks, summer camps, private clubs, commercial clubs, camping establishments or private recreational parks shall be prohibited within the are
## 3.34 Trailers, Motor Homes and Campers
- The parking and storage of trailers, motor homes, truck campers, ter railers and travel trailers shall be prohibited in all Zones except wher such parking or storage is accessory to a dwelling located on the lo and owned by the occupant of the lot
- One tent trailer, travel trailer or truck camper may be located and used on any lot in the Municipality provided that the tent trailer, travel traile or truck camper:
- i) is not located on the lot for more than a total of 30 consecutive or a total of 30 days in any calendar year;
- accessory structures such as sun rooms, decks and porches attached to any trailer shall not exceed the ground floor area of the trailer.
- ii) it is accessory to an existing dwelling:
- iv) the trailer or truck camper is roadworthy and is legally capable of
:
·
## SECTION 4 PROVISIONS FOR SPECIFIC USES
Where this By-law permits specific uses in areas described below, only those uses specifically identified as permitted uses shall be permitted in those described areas. No building. structure or use of land shall be permitted unless specifically permitted.
## 4.1 VILLAGE RESIDENTIAL (RV1) ZONE (SERVICED)
No person shall within any Village Residential (RV1) Zone use any land, or erect, aller or use any building or structure except in accordance with th following provisions
## 4.1.1 Permitted Uses
- 1) single detached dwelling
2. ili) duplex dwelling
3. ii) semi-detached dwelling
4. iv) home occupation
| Regulations for Permitted Uses | Regulations for Permitted Uses | Metric | Imperial |
|----------------------------------|----------------------------------|---------------|--------------|
| | Minimum Lot Area | | |
| il) | Minimum Lot Frontage | 603.8 sq. m. | 6,500 sq. ft |
| iii) | Minimum Front Yard | 15.0 m 6.0 m | 50.0 fl |
| iv) | Minimum Interior Side Yard | 1.0 m | |
| | Minimum Exterior Side Yard | | |
| V) | Minimum Rear Yard | : 3.0 m 6.0 m | 10 fl 20 ft |
| Vi) vii) | Maximum Lot Coverage | 30% | 30% |
| | | : | |
| vili) | Maximum Height | 9.0 m | 30 f |
4.1.2
## 4.1.3 Exceptions
- 4.1.3.1 Village Residential Exception One (RV1-1) Zone (Sauve Subdivision)
Notwithstanding the provisions of the Village Residential (RV1) Zone, to the contrary, no person shall within any Village Residential Exception One (RV11) Zone use any land, or erect, alter or use any building or structure except in
## Regulations for Permitted Uses:
| 1) ii) | Minimum lot area |
|------------------------|------------------------------|
| Minimum lot frontage | 465 square metres 12 metres |
| iii) Minimum lot depth | 18 metres |
| iv) Minimum front yarc | 4.0 metres |
| v) Interior side yard | 1.0 metres on one side |
| Vi) Interior side yard | 3.0 metres on the other side |
| vii) Vinimum rear yard | 6 metres |
In all other respects, the provisions of this By-law shall apply.
·
## 4.2 VILLAGE RESIDENTIAL (RV2) ZONE (UNSERVICED)
following provisions:
| 4.2.1 | Permitted Uses | Permitted Uses | Permitted Uses | Permitted Uses |
|---------|--------------------------------|--------------------------------|------------------|------------------|
| | 1) | single detached dwelling | | |
| | il) | semi-detached dwelling | | |
| | iii) | duplex dwelling | | |
| | iv) | home occupation | | |
| 4.2.2 | Regulations for Permitted Uses | Regulations for Permitted Uses | Metric | Imperial |
| | | Minimum Lot Area | 0.4 ha | 1.0 acres |
| | | Minimum Lot Frontage | 20.0 m | 66.0 fl |
| | | Minimum Front Yard | 15.0 m | 50 fl |
| | | Minimum Interior Side Yard | 4.5 m | 15 ft |
| | | Minimum Exterior Side Yard | 7.5 m | 25 fl |
| | | Minimum Rear Yard | | 25 fl |
| | | Maximum Lot Coverage | | 30% |
| | viii) | Maximum Height | 9.0 m | 30 ft |
## 4.2.3 Exceptions
·
·
:
## 4.3 MULTIPLE RESIDENTIAL (RM) ZONE
following provisions:
## 4.3.1 Permitted Uses
- single detached dwelling
- iii) semi-detached dwelling
- il) duplex dwelling
- iv) four-plex dwelling
- vi) nursing home
- v) retirement home
- vii) seniors residence
- ix) townhouse dwelling
- viii) home for the aged
## 4.3.2 Regulations for Permitted Uses Metric Imperial
| | Minimum Lot Area | 0.1 ha plus 0.1 ha per unit over 2 units | .25 acres |
|-------|----------------------------|--------------------------------------------|-------------|
| ii) | Minimum Lot Frontage | 30 m plus 50 mer unit over 2 units | |
| їїї) | Minimum Front Yard | 15.0 m | |
| | Minimum Interior Side Yard | 7.5 m | 25 ft |
| v) | Minimum Exterior Side Yard | 7.5 m | 25 fl |
| vi) | Minimum Rear Yard | 7.5 m | 25 fl |
| vii) | Maximum Lot Coverage | - 30% | 30% |
| viii) | Maximum Height | 10.5 m | 35 f |
## 4.3.3 Regulations for Retirement Homes
A retirement home, shall be permitted in the Multiple Residential Zone subject to the following provisions:
- 1) Minimum Open Space ii) Maximum unit size :
20% 20%
150 m? 1600 sq ft
- All entrances shall be at grade
- 4.3.4 Multiple uses in excess of 2 units shall be required on full municipal services.
- 4.3.5 Exceptions
- 4.3.5.1 Multiple Residential Exception One (RM-1) Zone (7 Valleyview Drive East, Sauve)
Notwithstanding the provisions of the Multiple Residential (RM) Zone, to the contrary, no person shalt within any Multiple Residential Exception One (RM-1) Zone use any land, or erect, alter or use any building or structure except in accordance with the following:
## Regulations for Permitted Uses:
| | Minimum lot area 800 square metres |
|----------------------|--------------------------------------|
| Minimum lot frontage | 25 metres |
| Minimum lot depth | 40 metres |
| Minimum front yard | 8.0 metres |
| Interior side yard | 3.0 metres |
| | inimum rear yar | 10 metres |
|-------|--------------------|-------------|
| vil) | aximum Lot Coveraç | 25% |
| vill) | Maximum Height | 10 metres |
In all other respects, the provisions of this By-law shall apply.
- 4.3.5.2 Multiple Residential Exception Two (RM-2) Zone (Sauve)
Notwithstanding the provisions of the Multiple Residential (RM) Zone, 10 the contrary, no person shall within any Multiple Residential Exception Two (RM-2) Zone use any land, or erect, alter or use any building or structure except in accordance with the following definition:
- Dorizonal or vertical in more than two, but not dire than six dwelling units
in all other respects, the provisions of this By-law shall apply.
## 4.4 RESIDENTIAL MOBILE HOME (RMH) ZONE
No person shall within any Residential Mobile (RMH) Zone use any land, or erect, alter or use any building or structure except in accordance with the following provisions.
## 4.4.1 Permitted Uses
- mobile home
- community centre
- il)
## 4.4.2 Regulations for Permitted Uses Metric Imperial
| Minimum Lot Area | | 2.5 acres |
|---------------------------------------|--------|-------------------|
| Minimum Lot Frontag | | 330ft |
| Ainimum Front Yar | 30.0 m | 100 ft |
| Minimum Interior Side Yard | | 25 ft |
| Minimum Exterior Side Yard | | 50 ft |
| Minimum Rear Yard | | 25 H |
| Maximum Lot Coverage | | 5% |
| Maximum Height | | 30 ft |
| Minimum Ground Floor Area | | 65.0 m? 700 sq fl |
| Minimum Mobile Home Site Size - 195 m | | 2000 sq ft |
- 4.4.3 No less than 10% of the total area of any mobile home community contain not less than 5% of the total area of the community.
- 4.4.4 Every mobile home park shall be serviced with an approved gas, water, sewer home sirical distribution system with connections thereto on every mobile
- 4.4.5 Exceptions
## 4.5 RURAL (RU) ZONE
No person shall within any Rural (RU) Zone use any land, or erect, alter or use any building or structure except in accordance with the following provisions:
## 4.5.1 Permitted Uses
## Column A Uses Column BUses
| iii) iv) v) vi) vii) vili) ix) x) | farm farm produce sales outlet fire hall golf course hunt camp kennel logging lodging or boarding house municipal or provincial offices or works garage portable asphalt or concrete batching plant | single detached dwelling duplex dwelling il) semi-detached dwelling i) bed and breakfast v) home occupation vi) home industry vil) cemetery vill) group home ix) public park x) veterinary hospital xi) observatory |
|-------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
- xiii) an accessory farm dwelling on one lot of at least 30 hectare (75 acres)
| 4.5.2 | Regulations for Permitted Uses | Regulations for Permitted Uses | Column A Uses | Column B Uses |
|---------|----------------------------------|-------------------------------------------------------------------------------------------------|-----------------|-----------------|
| | 1) | Minimum Lot Area | | |
| | it) | Minimum Lot Frontage | | |
| | ii) | Minimum Front Yard | 30.0 m | |
| | iN) | Minimum Interior Side Yard | 15.0 m | 15.0 m |
| | v) | Minimum Exterior Side Yard | 15.0 m | 15.0 m |
| | vi) | Minimum Rear Yard | 15.0 m | 15.0 m |
| | vii) | Maximum Lot Coverage | | |
| | viii) | Maximum Height | 10.5 m | 10.5 m |
| | ix) | No kennel shall be located within 120 metres (400 f1) of a residential dwelling on another lot. | | |
## 4.5.3 Specialized Farm
A specialized farm shall only be permitted where the operator has submitted a Nutrient Management Plan to the satisfaction of Council.
## 4.5.4 Exceptions
## 4.5.4.1 Rural Exception One (RU-1) Zone
Notwithstanding the provisions of the Rural (RU) Zone, to the contrary, no person shall within any Rural Exception One (RU-1) Zone, use any land, or erect, alter or use any building or structure except in accordance with the following
- 1) Minimum Lot Frontage
54.86 metres
In all other respects, the provisions of this By-law shall apply.
## 4.6 HIGHWAY COMMERCIAL (CH) ZONE
Nod, ate or use in by lig or scoure each in accurance with tine following provisions:
## 4.6.1 Permitted Uses
- 1) building supply outlet
2. iii) commercial nursery and/or greenhouse
3. ii) lumber yard
4. iv) country market flea market
5. vi) marina sales and service establishment
- v) light equipment sales and rental establishment
7. vii) motel
8. ix) motor vehicle body shop
9. viii) hotel
10. motor vehicle dealership
11. xii) motor vehicle service station
12. motor vehicle repair garage
13. restaurant or tavern
14. XiV) residential dwelling units located on the second storey of a building or to the rear of the main building
## 4.6.2 Regulations for Permitted Uses
| | | | Imperial |
|-------|----------------------------|--------|------------|
| 1) | Minimum Lot Area | 0.8 ha | 2.0 acres |
| it) | Minimum Lot Frontage | 45.0 m | 150 ft |
| її) | Minimum Front Yard | 15.0 m | 50 fl |
| iv) | Minimum Interior Side Yard | 6.0 m | 20 fl |
| V) | Minimum Exterior Side Yard | 15.0 m | 50ft |
| vi) | Minimum Rear Yard | 10.0 m | 33 ft |
| vii) | Maximum Lot Coverage | 50% | 50% |
| viii) | Maximum Height | 9.0 m | 30 f |
## 4.6.3 Setbacks from Residential Lot
Where a commercial use abuts any lot used for residential purposes, a planting strip of 10 metres from the setback shall be provided.
## Exceptions 4.6.4
## 4.6.4.1
Notwithstanding the provisions of the Highway Commercial (CH) Zone, to the contrary, no person shall within any Highway Commercial Exception One (CH. 1) Zone use any land, or erect, alter or use any building or structure except in
- Permitted Val su rental business in and around the existing garage and twenty feet to the west and north of the existing garage.
In all other respects, the provisions of this By-law shall apply.
Metric
## 4.7 VILLAGE COMMERCIAL (CV1) ZONE (SERVICED)
No person shall within any Village Commercial (CV1) Zone use any land, or erect, alter or use any building or structure except in accordance with the following provisions:
## 4.7.1 Permitted Uses
- 1) bank or financial institutions
2. business, professional and administrative offices
3. commercial nursery and/or greenhouse
4. country market flea market
5. ight equipment sales and rental establishmen
6. motor vehicle body shop
7. motor vehicle repair garage
8. motor vehicle dealership
9. motor vehicle service station
10. personal service shop
11. place of worship
12. public or private club
13. post office
14. restaurant or tavern
15. service shop
16. retail store
17. residential dwelling units located on the second storey of a building or to the rear of the main building
## 4.7.2 Regulations for Permitted Uses
Metric Imperial
| | Minimum Lot Area | 0.0 fl |
|----------------------------|--------------------|----------|
| Minimum Lot Frontage | 0.0 m 0.0 m | 0.0 fl |
| Minimum Front Yard | 0.0 m | 0.0 fl |
| Minimum Interior Side Yard | 0.0 m | 0.0 ft |
| Minimum Exterior Side Yard | 0.0 m | 0.0 ft |
| Minimum Rear Yard | 0.0 m | 0.0 ft |
| Maximum Lot Coverage | 100% | 100% |
| Maximum Height | 9.0 m | 30 ft |
## 4.7.3 Setbacks from Residential Lot
Where a commercial use abuts any lot used for residential purposes, a planting strip of 10 metres from the setback shall be provided.
## 4.7.4 Exceptions
·
## 4.8 VILLAGE COMMERCIAL (CV2) ZONE (UNSERVICED)
codi are or use any my an of retreat a secre ce min no following provisions:
## 4.8.1 Permitted Uses
- bash or ancies in and administrative oices
- clinic
- community centre
- commercial nursery and/or greenhouse
- country markel flea market
- light equipment sales and rental establishmen
- day nursery
motel
- motor vehicle body shop
- hotel
- motor vehicle dealership
- motor vehicle service station
- motor vehicle repair garage
- personal service shop
place of worship
parking lot
post office
restaurant or tavern
public or private club
retail store
- residential dwelling units located on the second storey of a building or to the rear of the main building
service shop
## 4.8.2 Regulations for Permitted Uses
| | | Metric | Imperial |
|-------|----------------------------|----------|------------|
| | Minimum Lot Area | 0.4 ha | 1.0 acres |
| | Minimum Lot Frontage | 30.0 m | 100 ft |
| | Minimum Front Yard | 15.0 m | 50 fl |
| iv) | Minimum Interior Side Yard | 6.0 m | 20 ft |
| V) | Minimum Exterior Side Yard | 15.0 m | 50 fl |
| vi) | Minimum Rear Yard | 10% | 33 fl |
| vii) | Maximum Lot Coverage | | 50% |
| vill) | Maximum Height | 9.0 m | 30 H |
## 4.8.3 Setbacks from Residential Lot
Where a commercial use abuts any lot used for residential purposes, a planting strip of 10 metres from the setback shall be provided.
## 4.8.4 Exceptions
## 4.9 TOURIST COMMERCIAL (CT) ZONE
No person shall within any Tourist Commercial (CT) Zone use any land, or following provisione any building or structure except in accordance with the
## 4.9.1 Permitted Uses
- cabin establishment
- cotfage establishment
- camping establishment
- golf course
- marina
- hotel
- motel
- summer camp
- restaurant
- tourist establishment
- accessory convenience store or sub-post office
- accessory assembly hall
- accessory single detached dwelling
## 4.9.2 Regulations for Permitted Uses
| | | Metric | Imperial |
|-------|-------------------------------------------|-------------|--------------|
| 1) | Minimum Lot Area | | 4.0 acres |
| il) | Minimum Lot Frontage | 1000m | 400 ft |
| iii) | Minimum Front Yard | | 100 ft |
| iV) | Minimum Interior Side Yard | 15.0 m | 50 fl |
| V) | Minimum Exterior Side Yard | | 100 f |
| | Minimum Rear Yard | | 50 H |
| vil) | Maximum Lot Coverage | | 20% |
| vili) | Maximum Height | | 30 fl |
| ix) | Minimum Frontage on a Waterbody6.0 m/unit | | 20 ftunit |
| x) | Maximum Density | 10 units/ha | 4 units/acre |
## 4.9.3 Regulations for Camping, Cottage and Cabin Establishments
Metric
Imperial
1)
Minimum Site Area
150.0 sq m
1600 sq it
il)
Minimum open space
50% of total park
iii)
Maximum lot coverage by all
sites and all related and
accessory buildings and structures -5% of total park
- iv) minimum amenity area - 10% of total park
## 4.9.4 Exceptions
·
·
## 4.10 BUSINESS PARK (BP) ZONE
No person shall within any Business Park (BP) Zone use any land, or erect, alter or use any building or structure except in accordance with the following provisions:
## 4.10.1 Permitted Uses
- 1) assembly hall
2. bulk fuel depot
3. it) building supply and lumber outlet
4. business, professional and administrative office
5. convenience store
- V) clinic
7. day nursery
8. farm implement sales outlet
9. equipment sales/rental establishment
10. farm produce sales outlet
11. feed mill
12. gas bar
13. manufacturing, processing, laboratory or assembly within an enclosed building
14. hotel and motel
15. marine or small engine sales and service establishment
16. motor vehicle fuel bar or service station
17. motor vehicle dealership
motor vehicle repair garage
- post office
place of worship
- private club
- recreational establishment
- public storage facilities
- recreational vehicle sales and service operation
- retail sales accessory to a permitted use not exceeding 35 per cent
- restaurant or tavern
- service shop
- warehouse including self storage
- veterinary clinic
## 4.10.2 Regulations for Permitted Uses
| | | Metric | Imperial |
|--------|--------------------------------------------------------------------------------------------------------|----------|------------|
| 1) | Minimum Lot Area | | 2.0 acres |
| il) | Minimum Lot Frontage | 60.0 m | |
| iii) | Minimum Front Yard | 15.0 m | |
| iV) | Minimum Interior Side Yard | | |
| v) | Minimum Exterior Side Yard | 15.0 m | |
| vi) | | 2,5% | |
| ViI) | | | |
| viii) | | 10.5 m | |
| ix) x) | Minimum Landscaped Open Space In any yard abutting a Residential Zone a planting strip of at least 3.0 | | |
## 4.10.3 Exceptions
## 4.11 GENERAL INDUSTRIAL (M1) ZONE
No person shall within any General Industrial (M1) Zone use any land, or erect, alter or use any building or structure except in accordance with the
## 4.11.1 Permitted Uses
- 1) bulk fuel depot
III) contractors yard
- il) cartage, express truck, transport or bus terminal or yard
- iv) lumber yard
- vi) etail outlet or wholesale outlet or business office accessory lo: permitted use provided that it does not exceed 25 per cent of the gross floor area of the principal use
- V) nanufacturing, processing, assembling and/or fabricating plan
vit) sawmill
ix) wood products or planing mill
vili) warehouse
x) workshop
- xil) open storage use of goods or materials if accessory to another permitted use
xi) accessory single detached dwelling
## 4.11.2 Regulations for Permitted Uses
| | | Metric | Imperial |
|-------|------------------------------|----------|------------|
| | Minimum Lot Area | 0.8 ha | 2.0 acres |
| | Minimum Lot Frontage | 90.0 m | 300 ft |
| ill) | Minimum Front Yard | 15.0 m | 50 ft |
| iv) | Minimum Interior Side Yard | 6.0 m | 20 H |
| V) | Minimum Exterior Side Yard | 10.0 m | 33 fl |
| vi) | Minimum Rear Yard | 15.0 m | 50 fl |
| vii) | Maximum Lot Coverage | 50% | 50% |
| viii) | Maximum Height | 10.0 m | 33 H |
| ix) | Setback from high water mark | 120 m | 400 ft |
## 4.11.3 Planting Strips
along that lot line so abutting.
Where a salvage or wrecking yard is permitted, a 6.0 metre wide planting strip and a solid fence at least 3.0 metres high shall be provided along that portion of the lot.
## 4.11.4 Exceptions
## 4.11.4.1 General Industrial Exception One (M1-1) Zone
Notwithstanding the provisions of the General Industrial (M1) Zone, to the contrary, no person shall within any General Industrial Exception One (M1-1) Zone use any land, or erect, alter or use any building or structure except in accordance with the following:
- Minimum Lot Frontage
- Minimum Lot Area
35 metres
0.6 hectares
·
- xi) Minimum front yard setback for accessory building
6 metres
In all other respects, the provisions of this By-law shall apply.
- 4.11.4.2 General Industrial Exception Two (M1-2) Zone (Pl. Lots 10 and 11, Concession 17)
Notwithstanding the provisions of the General Industrial (M1) Zone, to the contrary, no person shall within any General Industrial Exception Two (M1-2) Zone use any land, or erect, alter or use any building or structure except in
## Permitted Uses:
- il) open storage of wood products and portable buildings.
- i) a lumber yard.
wood products or planing mill
- v) workshop
iv) warehouse
- vi) manufacturing, processing, assembling and/or fabricating plant
- vii) sale or rental of portable buildings.
## Regulations for Permitted Uses
- Minimum front yard setback
15 metres
- il) Minimum side yard setback
6 metres
In all other respects, the provisions of this By-law shall apply.
- 4.11.4.3 General Industrial Exception Three (M1-3) (Pt. Lot 20, Concession 14)
Nolwithstanding the provisions of the General Industrial (M1) Zone, to the contrary, no person shall within any General Industrial Exception Three (M1-3) Zone use any land, or erect, alter or use any building or structure except in accordance with the following:
Permited King a Making and selling of wood crafts.
In all other respects, the provisions of this By-law shall apply.
- 4.11.4.4 General Industrial Exception Four (M1-4) Zone (Pl. Lot 13, Concession 12)
Notwithstanding the provisions of the General Industrial (M1) Zone, to the contrary, no person shall within any General Industrial Exception Four (M1-4) Zone use any land, or erect, alter or use any building or structure except in
## Permitted Uses:
- warehouse
workshop
In all other respects, the provisions of this By-law shall apply.
## 4.12 EXTRACTIVE INDUSTRIAL (MX) ZONE
No person shall within any Extractive Industrial (MX) Zone use any land, or erect, alter or use any building or structure except in accordance with the following provisions:
## 4.12.1 Permitted Uses
- pits and quarries
- the processing of natural materials including screening, sorting, pest extrand crushing operations
- iii)
- iv) agricultural uses, buildings and structures accessory thereto but excluding dwellings
- vi) vil) contractors yagement activities
- V) logging and forest products processing
## 4.12.2 Regulations for permitted uses
| | | Metric | Imperial |
|------|----------------------------|----------|------------|
| | Minimum Lot Area | 6.0 ha | 15 acres |
| | Minimum Lot Frontage | 190.0 m | 625 fl |
| iii) | Minimum Front Yard | 130.0 m | 425ft |
| iv) | Minimum Interior Side Yard | 120.0m | 400 ft |
| V) | Minimum Exterior Side Yard | 130.0m | 425 ft |
| vi) | Minimum Rear Yard | 120.0 m | 400 fl |
## 4.12.3 Additional regulations for pits and quarries
Vo pit, quarry or the processing of sand, gravel or stone shall be locater vithin 215 metres (700 ft) of any abutting lot in a Residential Zone
Vo pit or quarry shall be located closer than 120 metres (400 fl) to an existin welling or 30 metres (100 fl) from a municipal roa allowance lot line or watercourse.
## 4.12.4 Planting Strip Requirements
· planting strip shall be required along each front and exterior side lot lin ind any lot line that abuts a Residential lot. The planting strip shall have minimum width of 15 metres (50 fl).
## 4.12.5 Exceptions
## 4.13 DISPOSAL INDUSTRIAL (MD) ZONE
following provisions:
## 4.13.1 Permitted Uses
- 1) approved solid waste land-fill site or management facility
2. iii) salvage yard
3. it) approved recycling facility
4. iv) wrecking yard
5. vi) sewage lagoon
- v) open storage
## 4.13.2 Regulations for permitted uses
| | | Metric | Imperial |
|-------|---------------------------------------------------------|----------|------------|
| 1) | Minimum Lot Area | 10.0 ha | 25 acres |
| ii) | Minimum Lot Frontage | 60.0 m | 200 ft |
| ilt) | Minimum Front Yard | 60.0 m | 200 ft |
| iN) | Minimum Interior Side Yard | | 200ft |
| v) | Minimum Exterior Side Yard | | 200 ft |
| Vi) | Minimum Rear Yard | 60.0 m | 200 ft |
| vii) | Maximum Lot Coverage (including any open siorage use) | | 35% |
| viii) | Maximum Height | | 40 ft |
| ix) | Setback from residential uses | | 1640 # |
| x) | Setback from municipal roac allowances and watercourses | 500 m | 1640 f |
| xI) | minimum landscaped open space 20% | | 20% |
## 4.13.3 Planting Strip and Fencing Requirements
(10 ft) high shall also be provided along that portion of the lot.
## 4.13.4 Exceptions
:
:
## 4.14 INSTITUTIONAL (I) ZONE
No person shall within any Institutional (1) Zone use any land, or erect, alter or use any building or structure except in accordance with the following provisions:
## 4.14.1 Permitted Uses
- 1) ambulance station
2. iii) community centre
3. ii) business, professional and administrative offices
4. iV) banquet hall
5. vi) fire station
- v) day nursery
7. vii) library
8. museum
9. vili) municipal office
- x) public works yard
11. seniors residence
12. home
13. retirement home
xV) place of worship
- xiv) home for the aged
- XVI) school
## 4.14.2 Regulations for permitted uses
| | | Metric | Imperial |
|-------|----------------------------------|----------|------------|
| () | Minimum lot area | 0.4 ha | 1.0 acres |
| | Minimum Lot Frontage | | 66.0 ft |
| | Minimum Front Yard | 30.0 m | 100 ft |
| iv) | Minimum Interior Side Yard | | 25 ft |
| V) | Minimum Exterior Side Yard | | 25 ft |
| vi) | Minimum Rear Yard | | 25 fl |
| vil) | Maximum Lot Coverage | | 30% |
| vili) | Minimum Landscaped Open Space10% | | 10% |
## 4.14.3 Planting Strip
In any yard abutting a Residential Zone a planting strip having a minimum width of 3.0 metres (10 fl) shall be required.
## 4.14.4 Exceptions
## 4.14.4.1 Institutional Exception One (I-1) Zone
otwithstanding the provisions of the Institutional (I) Zone, to the contrary, ( nds within the Institutional Exception One (I-1) Zone, the only permitte uses shall be a place of worship, single family dwelling, two family dwelling and multiple family dwelling, subject to the following special provisions:
| | Minimum Lot Area |
|----------------------|---------------------|
| Minimum Lot Frontage | 800 sq. m 20 metres |
| Minimum Lot Depth | 40 metres |
| Minimum Front Yard | 3 metres |
| Minimum Side Yard | 3 metres |
| Minimum Rear Yard | 10 metres |
| Minimum Floor Area | 80 sq. m. per unit |
| viii) | Maximum Lot Coverage 25% |
|---------|-------------------------------------|
| | Maximum Height 10 metres |
| | Maximum Number of Dwellings per Lot |
| | Maximum Number of Dwelling Units |
In all other respects, the provisions of this By-law shall apply.
## 4,15 OPEN SPACE (OS) ZONE
No person shall within any Open Space (OS) Zone use any land, or erect, alter or use any building or structure except in accordance with the following provisions:
## 4.15.1 Permitted Uses
- public park
- iii) accessory marine facility
- resource management activities, excluding buildings, structures or dwellings
- iV) accessory boathouse
## 4.15.2 Regulations for Permitted Uses
No buildings or structures including accessory buildings or structures with the exception of pump houses and buildings and structures for flood and erosion control are permitted in the Open Space (OS) Zone unless specifically provided for in this By-law.
## 4.15.3 Regulations for Public Parks
No buildings or structures associated with a public park with the exception of basizo stations and refreshment stands are permited in the Open Space
## 4.15.4 Regulations for Marine Facilities and Boathouses
Marine facilities and Boathouses shall be permitted in the Open Space (OS) Lone provided that they are accessory to the permitted uses in the zone ol he pertaining lands.
## 4.15.5 Exceptions
·
## 4.16 ENVIRONMENTAL PROTECTION (EP) ZONE
No person shall within any Environmental Protection (EP) Zone use any land, or erect, aller or use any building or structure except in accordance with the following provisions:
## 4.16.1 Permitted Uses
- 1) conservation
2. passive public parks
3. ii) resource management activities
## 4.16.2 Regulations for Permitted Uses
No buildings or structures including accessory buildings or structures with the excepi are permie inse environmental Protein zone, and erosion
## 4.16.3 Floating Docks
here the frontage of a residential lot is zoned Environmental Protection (EF 1 its entirety a floating dock, having a maximum width of 0.8 m (6 fl) shall b permitted.
## 4.16.4 Exceptions
## SECTION 5 DEFINITIONS
## 5.1 ACCESSORY
A use, separate building or structure, which is incidental, subordinate, exclusively devoted to and localed on the same lol as the principal use. uilding or structure but not including a building or structure which is used as a dwelling unless specifically permitted
## 5.2 AGGREGATE
Gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone. made ine Angregate esource Achetallic ores, or other prescribed materials
## 5.3 AGRICULTURAL BUILDING
Any building or structure customarily used in connection with a farm other than a residence.
## 5.4 AGRICULTURE, INTENSIVE
Lands on which the predominant economic activity consists of but is not limited to the raising of intensive livestock, chickens or other fowl, the raising of fur bearing animals, the raising of swine, sheep or goats, the raising of attle or dairying of cattle, in excess of 100 units, as defined by the minimum distances formulae attached to and forming part of this by-law.
## 5.5 AGRICULTURAL PRODUCE OUTLET
The use of land, buildings or structures for the purposes of buying or selling or the processing, storage and supply of commodities and services that support agricultural operations.
## 5.6 AGRICULTURAL USE
Any agricultural use or uses, structures or buildings accessory thereto. including field crops, animal husbandry, tree nurseries and any other use customarily carried on in the field of general agriculture, including the sale or the premises, of produce grown or raised on the premises.
## 5.7 AIRFIELD, HOBBY
Any land, lot or building used for the purpose of landing, storing of flying of model airplanes
## 5.8 AIRPORT HANGER
A building or structure designed and used for the shelter of aircrafts.
## 5.9 AIRSTRIP, PRIVATE
airds used for the purpose of landing, storing, taxing or taking-off of private
·
## 5.10 AISLE
The area used by motor vehicles for access 1o and from all off-street parking spaces, but does not include an access driveway.
## 5.11 ASSEMBLY HALL
A Spedin torpion Faul ine acties shal not be pro reps or persons for
## 5.12 ATTACHED
A building otherwise complete in itself, which depends, for structural support adjacen being sr budings a division wall or wals shared in common with
## 5.13 AUTOMOBILE SERVICE STATION
A building or place where gasoline, oil, grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs and batteries for motor vehicles are stored or kept for sale, or where motor vehicles may be oiled, greased ol vashed or have their ignition adjusted, tires inflated or batteries charged, o where only minor or running repairs essential to the actual operation of motor rehicles are executed or performed
## 5.14 BANQUET HALL
A building or part thereof, used for the gathering of groups of people for a specific function including the consumption of food and drink and shall include full kitchen facilities
## 5.15 BASEMENT
That portion of a building partly underground, but having less than one-half of its clear height below the average lot grade.
## 5.16 BED AND BREAKFAST
A home occupation within a single family dwelling wherein no more than 3 uest rooms are made available for temporary accommodation of the travelin r vacationing public. Such an establishment may offer light meals to thos persons temporarily residing at the establishment. Establishment shall not include a restaurant or a Tourist Establishment.
## 5.17 BOARD WALK
An elevated public pedestrian walkway constructed over a public street, over a water feature or along a shoreline.
## 5.18 BOATHOUSE
Any building or enclosure in which one or more boats, ships or float planes and related equipment are stored, kept or repaired, where there is ne abitable living quarters included
## 5.19 BOATHOUSE, TWO STOREY
## 5.20 BUILDING
A structure whether temporary or permanent, used or built for the shelter, accommodations or enclosure of persons, animals, materials or equipment. Any lent, awning, bin, bunk, platform, vessel or vehicle used for any of the said purposes shall be deemed a building.
## 5.21 BUILDING SUPPLY AND LUMBER OUTLET
A building or structure in which building or construction and home improvement materials are offered or kept for sale at retail and may include the fabrication of certain materials related to home improvements but does not include any use or activity otherwise defined or classified herein.
## 5.22 BULK FUEL DEPOT
Lands, buildings and structures for the storage, distribution of fuels and oils but not including retail sales except key lock operations.
## 5.23 BUSINESS, PROFESSIONAL OFFICE OR ADMINISTRATIVE OFFICE
A building or part of a building in which one or more persons are employed ir the management, direction or conducting
## 5.24 CABIN
A single storey structure or building, which is maintained for the aot providadion of an individual or individuals where facilities for cooking are
## 5.25 CABIN ESTABLISHMENT
A tourist establishment comprised of two (2) or more cabins arranged singled or in pairs and which does not provide cooking facilities.
## 5.26 CAMP SITE
An area within a camping establishment of at least 186 square metres that is occupied on a temporary basis only, by the trailer, motorized home, truck camper, camper or tent, but not a mobile home.
·
## 5.27 CAMPING ESTABLISHMENT
A tourist establishment consisting of at least five (5) camping sites and comprising land used or maintained as grounds for the camping or temporary parking of trailers, molorized mobile homes, truck campers, campers or tents, and licensed under the Tourism Act.
## 5.28 CEMETERY
The land that is set apart or used as a place for the internment of the dead or in which human bodies have been buried.
## 5.29 CHIEF BUILDING OFFICIAL
An official employed by the Municipality appointed under the Building By-law or pursuant to the provisions of The Building Code Act, as amended, and shall include any Inspector likewise employed and appointed.
## 5.30 CLINIC
An establishment in which medical, dental or other professional healing treatment is given to human beings.
## 5.31 COMMUNITY CENTRE
Any track of land, or building, or any part of any building used for community activities without purpose of gain.
## 5.32 CONTRACTOR'S YARD
A yard of any general contractor or builder where equipment and materials are stored or where a contractor performs shop or assembly work but does not include any other yard or establishment otherwise defined or classified herein.
## 5.33 CORPORATION
The Corporation of the Municipality of Powassan.
## 5.34 COTTAGE
A building within a cottage establishment to accommodate one (1) or more quests which contains at least two (2) rooms; which is at least partially furnished; and, which provides facilities to permit the guest to prepare and cook food.
## 5.35 COTTAGE ESTABLISHMENT
A tourist establishment comprising of two (2) or more cottages owned or leased by the same person.
## 5.36 COUNCIL
The Council of the Corporation of the Municipality of Powassan.
## 5.37 COUNTRY MARKET/ FLEA MARKET
A building or track of land used for the temporary exhibit, storage and temporary retail sale of merchandise, goods, wares, produce, crafts and arts for the utilization and consumption of the general public provided that any temporary exhibit, storage and temporary retail sales occurring does not include the sale of livestock and auction sales
## 5.38 DAY NURSERIES
A day nursery operated for pre-school age children within the meaning of the Day Nurseries Act, as amended.
## 5.39 DECK
s an elevated structure attached to a building with no walls or roof o tructure serving the same purpose as a wall or roof
## 5.40 DOCK
A structure for the mooring of boats, attached to or forming part of the mainland.
## 5.41 DWELLING
not include a mobile home having less than 65 square metres in area.
## 5.42 DWELLING, ACCESSORY
A use, separate building, or structure, which is usually incidental, subordinate, exclusively devoted to and located on the same lot as the principal use, building or structure but not including another dwelling.
## 5.43 DWELLING, APARTMENT
A building containing three or more dwelling units, sharing a common hall and common entrance at grade.
## 5.44 DWELLING, DETACHED
A detached building containing one dwelling unit only.
## 5.45 DWELLING, DUPLEX
which has an is pendent errace enter dirate or tighta commor
## 5.46 DWELLING, SEMI-DETACHED
A building that is divided vertically into two separate dwelling units, each of which has a separate entrance at grade.
## 5.47 DWELLING, TOWNHOUSE
## 5.48 DWELLING, FOUR-PLEX
## 5.49 DWELLING UNIT
room or rooms in which a kitchen, living quarters and sanitary convenience re provided for the exclusive use of the residents and with a private entranc from outside the building or from a common hallway or stairway inside.
## 5.50 DWELLING UNIT, ACCESSORY
A separate dwelling unit, which is contained in a building, which was originally designed as a detached dwelling and continues to be occupied by the owner.
## 4.51 ESTABLISHED BUILDING LINE
The average distance from the street line or shoreline to existing buildings in any block where more than half the frontage has been built upon, at the dat f passina of this By-law.
## 4.52 FARM
raising and marketing of or main buildings and structure as a bam or silo, as well as accessory buildings and structures, which are incidental to the operation of the fam.
## 5.53 FARM, SPECIALIZED
Any land on which the predominant economic activity consists of raising chickens, turkeys, or other fowl, the raising of fur bearing animals, the raising sals or the growing of mushroom fed lots, the raising or boarding of dog.
## 5.54 FARM PRODUCE RETAIL OUTLET
building, or part of a building, in which farm produce, exclusive of meat o ultry, is offered for sale at retail. But shall not include the sale of far produce which has been reprocessed not shall it include a slaughter house.
## 5.55 FINISHED GRADE
The average elevation of the finished surface of the ground at ground level on any one side of a building or structure.
## 5.56 FLOOD FRINGE
Those lands being part of the flood plain, which delineates the area beyond the floodway, which includes the remaining lands susceptible to flooding.
## 5.57 FLOOD PLAIN
The nor are ourse, usual are sade alie to get undaed by water from any source.
## 5.58 FLOODWAY
The channel of a river or other watercourse and the adjacent land areas greater han 1.0 metres are ed persecond: metres deep and are moving al
## 5.59 FLOOR AREA, GROSS
personal effects, laundry facilities, recreational areas, the storage or parking of motor vehicles, exclusive of any private garage, carport, basement, walkout basement, cellar, porch, verandah, deck or sunroom unless such sunroom i habitable during all seasons of the year
## 5.60 FLOOR AREA, GROUND
The maximumground floor area of a building measured by the outside walls, excluding, in the case of a dwelling house, any private garage, carport, porch, verandah, deck or sunroom (unless such sunroom is habitable al all seasons of the vear).
## 5.61 GARAGE, PRIVATE
fully enclosed and roofed and excludes a carport or other open shelter.
## 5.62 GOLF COURSE
a pati oriole secuperase and recreation tacies accessory ding ranges and miniature golf courses, and similar uses.
## 5.63 GROUP HOME
ling uns, and which is icensed analor aproved for funding under provincial statutes and in compliance with municipal by-laws. A dwelling unit occupied for the purpose of providing shelter for persons on parole or released from penal institutions, or for persons ordered to reside there as a result of a conviction of a criminal offence is not a group home.
## 5.64 GUEST CABIN
A single storey accessory structure, which is not altached to the main dwelling on a lot, which is maintained for the accommodation of an individual or individuals where facilities for cooking are not provided.
## 5.65 HEIGHT OF BUILDINGS
The vertical distance, measured between the finished grade at the front of the building, and:
- a) In the case of a flat roof, the highest point of the roof surface:
2. In the case of a mansard roof, the deck roof line; or,
- c) In the case of a gable, hip or gambrel roof, the average height between the eaves and ridge.
Accessory roof constructions, such as chimneys, towers, steeples or television antennas, shall be disregarded in calculating the height of a building.
## 5.66 HIGH WATER MARK SETBACK
The setback will be measured from the normal average or maintained water level of the lake or river.
## 5.67 HOME FOR THE AGED
tome for the aged shall mean a home for the aged within the meaning of th lomes for the Aged and Rest Homes Act, R.S.O. 1990, c.H.13
## 5.68 HOME INDUSTRY
Any occupation of an industrial nature conducted entirely within a building or part of a building accessory to a single-detached dwelling house.
- 5.69 HOME OCCUPATION An occupation carried on by the occupant of a dwelling on his premises as a secondary use in connection with which there is no display, no stock in trade nor commodity sold upon the premises and may include a day nursery or a bed and breakfast establishment.
## 5.70 HOTEL
A part of a building, building or group of buildings where sleeping accommodations (with or without meals) is provided to the public, but where no individual private cooking facilities are provided.
## 5.71 HUNT CAMP
and may mude racies or he repeatin to are sena accommodation on a temporary basis for use only during the hunting or fishing seasons but shall not include any other establishments or use as may
## 5.72 IMPROVED PUBLIC ROAD
A street, road or highway under the jurisdiction of the Province of Ontario or the Municipality, which is maintained so as to allow normal vehicular access to adjacent properties and which, in the case of a Municipality Road, is a road for which the Municipality receives construction and maintenance subsidies from the Ministry of Transportation and Communications.
## 5.73 KENNEL
Shall mean a building or structure where three (3) or more domestic household pets are kept, raised and/or boarded for commercial purposes.
## 5.74 LANDSCAPED OPEN SPACE
The open unobstructed space from ground to sky at grade on a lot accessible by walking and which is suitable for the growth and maintenance of grass atio or similar area but does not include any driveway or ramp, whethe
## 5.75 LIGHT EQUIPMENT SALES AND RENTAL ESTABLISHMENT
A building or structure or part of a building or structure in which light machinery and equipment such as air compressors and related tools and accessories; augers; automotive tools; cleaning equipment; light compaction equipment; concrete and masonry equipment; electric tools and accessories: gasoline generators; jacks and hydraulic equipment; lawn and garden tools; ladders: moving equipment; painting and decorating equipment; pipe tools and accessories; plumbing tools and accessories; pumps; hoses; scaffolding: welding equipment; and, other similar tools and appurtenances are offered or kept for rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this By-law.
## 5.76 LODGING HOUSE/ BOARDING HOUSE
employees of the establishment, but does not include a hostel.
## 5.77 LOGGING
The removal or cutting of logs from harvestable timber for commercial purposes, either by selective, strip or clear-cutting operations.
·
·
:
## 5.78 LOT
A parcel or tract of land described in a deed or other legal document, which is legally capable of being conveyed.
## 5.79 LOT AREA
The total horizontal area within the lot lines of a lot above the normal or maintained high water mark.
## 5.80 LOT, CORNER
A lot situated at the intersection of two or more streets, or at the intersection of a street and a railway right-of-way, or a lot abutting on one or more parts of the same street, in which an interior angle of less than one hundred and thirty-five (135) degrees is contained, between the front and side lot lines abutting by the said street or streets.
## 5.81 LOT COVERAGE
The percent of the lot area covered by buildings or structures, including Prevay and uncovered des less than 10 metes in aig, and.
## 5.82 LOT FRONTAGE
The horizontal distance between side lot lines measured at right angles from the side lot lines. Where the side lot lines are not parallel, the lot frontage shall be measured as a minimum distance between the points at which the side lot lines intersect with the front lot line.
## 5.83 LOT LINE, INTERIOR
A lot line, which does not abut a street
## 5.84 LOT LINE
Any boundary of a lot.
## 5.85 LOT LINE, EXTERIOR SIDE
The side lot line, which abuts an improved public street or an unopened road allowance on a corner lot.
## 5.86 LOT LINE, FRONT
The lot line that abuts the street, but in the case of any lot having water access, the front lot line shall be the lot line abutting the high water mark of the navigable waterway, or the lot line abutting the Crown Shoreline Reserve
- In the case of a corner lot or through lot, the shorter lot line that abuts a street or navigable waterway shall be deemed to be the front lot line and the longer lot line that abuts a street or navigable waterway shall be deemed the exterior side lot line, but,
- In the case of a corner lot or through lot with two lot lines of equal length abutting streets, the lot line that abuts the wider street shall be same jurisdiction and of the same width, the line over which access 1o
## 5.87 LOT LINE, REAR
The lot line farthest from or opposite to the front lot line.
## 5.88 LOT LINE, INTERIOR SIDE
A lot line other than a front or rear lot line.
## 5.89 LOT, THROUGH
A lot bounded on opposite sides by streets or navigable waterways.
## 5.90 LUMBER YARD
A building, structure or yard in which building materials are offered or kept for sale at retail and may include the fabrication of lumber products.
## 5.91 MANUFACTURING, PROCESSING, ASSEMBLY AND/OR FABRICATING PLANT
A building used for the purpose of manufacturing, assembly, making, preparior apin for ale of any gois, sustance, arice, or producing. or
- 5.92 MARINA An establishment or premises, containing docking facilities, where boats or boat accessories are berthed, stored, serviced, repaired, or kept for sale or rent and where facilities for the sale of marine fuels and lubricants may be provided.
5.93 MARINE FACILITY An accessory structure, which is used to take a boat into or out of a navigable waterway, or to moor a boat. This definition includes a launching ramp, boat lift, or dock but does not include any building or any boat servicing, repair, or sales facility.
## 5.94 MARINE SALES AND SERVICE ESTABLISHMENT
A building or part of a building and associated lands where a dealer displays new and used boats and boat accessories for sale at retail or for rental, and where marine equipment is service or repaired and may include boat storage facilities.
## 5.95 MINIMUM OPENING ELEVATION
The lowest elevation on a habitable building that is constructed to withstand flooding.
## 5.96 MOBILE HOME
Any dwelling that is designed 1o be mobile, and constructed or manufactured to provide a permanent residence for one or more persons certified in accordance with C.S.A. Standard Z240 or 241, but does not include a travel trailer or tent trailer or trailer otherwise designed
## 5.97 MOBILE HOME PARK
A parcel of land which is developed and managed as a unit where individual removal, garbage collection, together with general park management rests
## 5.98 MOTEL
A structure containing a series of living or sleeping units with individual interior sanitary conveniences, including motor courts or tourist courts. All required parking is at grade and direct access is available from the parking area to the
## 5.99 MOTOR VEHICLE
An automobile, truck, motorcycle, and any other vehicle propelled or driven otherwise than by human power, but does not include the cars of electric or team railways, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of The Highway Traffic Act, as amended.
## 5.100 MOTOR VEHICLE, COMMERCIAL
Any commercial motor vehicle within the meaning of The Highway Traffic Act, as amended.
## 5.101 MOTOR VEHICLE BODY SHOP
A building or structure used for the painting or repairing of motor vehicle
## 5.102 MOTOR VEHICLE DEALERSHIP
A building or structure where a franchised dealer displays motor vehicles for sale or rent and in conjunction with which there may be used motor vehicle sales or rentals, a motor vehicle repair garage, a motor vehicle service station, a motor vehicle gasoline bar or a motor vehicle body shop, but shall not include any other establishment otherwise defined or classified in this By-law.
## 5.103 MOTOR VEHICLE REPAIR GARAGE
A building or structure where the exclusive service performed or executed on motor vehicles for compensation shall include the installation of exhaust system, repair of the electrical system, transmission repair, brake repair, radiator repair, tire repair and installation, rust proofing, motor vehicle the motor vehicle is being repaired, but shall not include any other establishment otherwise defined or classified in this By-law.
## 5.104 MOTOR VEHICLE SERVICE STATION
A building or structure where gasoline, oil, grease, antifreeze, tires, lubes, tire electric light bulbs, sparkplugs, washrooms.
## 5.105 MUNICIPAL, PROVINCIAL WORKS GARAGE
Any land, building and/or structure owned by the Corporation of the Municipality of Powassan or the Province of Ontario and used for the storage, maintenance and/or repair of material, equipment, machinery and/or motor vehicle used in connection with civic works.
## 5.106 MUNICIPALITY
The Corporation of the Municipality of Powassan
## 5.107 NON-COMPLYING
A lot, building or structure on a lot that does not fulfill the requirements of the zone provisions for the zone in which the lot, building or structure is located.
## 5.108 NON-CONFORMING
An existing use or activity of any land, building or structure which does not conform with the permitted uses, or activities of this By-law for the Zone in which such existing land, building or structure is located, so long as it continues to be used or enjoyed for that purpose.
## 5.109 NURSERY OR GREENHOUSE, COMMERCIAL
A building or structure, and lands associated therewith, for the growing of flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation together with gardening tools and implements which are sold at retail from such building or lot to the general public.
## 5.110 NURSING HOME
Any premises maintained and operated for persons requiring nursing care.
## 5.111 NUTRIENT MANAGEMENT PLAN
A technical document, which specifies how an agricultural operation is 10 store, manage and distribute agricultural nutrients (manure).
·
## 5.112 OPEN STORAGE
ine locessory storage oulside of a principal or main building or structure on
## 5.113 OUTDOOR RECREATION AREA
A place designed and/or equipped for the conduct of sports, leisure time activities and other recreational activities, but shall not require buildings. It may include accessory structures to the principle use. It may include such items as signs, benches, and goal posts.
## 5.114 PARK, PRIVATE RECREATION
An open space or recreational area, other than a public park, operated on a commercial and/or private member basis, and which includes one or more of the following facilities or activities:
- a) Areas for walking, riding and cross-country skiing but do not include the racing of animals, motor vehicles, motor cycles or snowmobiles;
- b) Swimming and wading areas;
- c) Accessory recreational or playground areas such as picnic areas, tennis courts, lawn bowling greens, outdoor skating rinks, athletic ields, swimming pools and similar uses
- d) Suildings and structures accessory to the foregoing including efreshment booth or pavilion, and administrative offices; and
- e) An accessory club house; and
- 1) Parking lots accessory to the foregoing.
## 5.115 PARK, PUBLIC
any open space or recreational area, owned or controlled by the Corporation or by any Board, Commission or other Authority established under any statut of the Province of Ontario and may include therein neighbourhood, community, and special parks or areas and may include one or more athletic fields, field houses, fair grounds or similar uses.
## 5.116 PARKING AREA
An area or areas of land or a building or part thereof which is provided and maintained upon the same lot or lots upon which the principal use is located for the purpose of parking motor vehicles.
## 5.117 PARKING LOT
A parking area forming the principal use of a lot.
## 5.118 PARK MODEL TRAILER
2222222
gear is removed. A Park model trailer shall not include any trailer used primarily for the purpose of sale or storage.
## 5.119 PARKING SPACE
An area, for the parking or storage of motor vehicles, having a minimum width of 3 metres (10 feet) and a minimum area of 18.5 square metres (200 sq. f.). exclusive of any aisles, ingress or egress lanes.
## 5.120 PATIO
A platform or surfaced area without a roof, the surface of which is not more than 0.3 metres above finished grade.
## 5.121 PERSON
Any human being, association, firm, partnership, incorporated company. corporation, agent or trustee, representatives of a person see more colerianaply according to
## 5.122 PIT
A place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other material is being or has been removed by means of an excavation 1o supply materials for construction, industrial or manufacturing purposes, but
## 5.123 PLACES OF WORSHIP
Churches, chapels, temples, parish halls and synagogues including offices for administration of the institution, convents, seminaries, monasteries, rectories, parsonages and parish houses.
## 5.124 PLANTING STRIP
An open unobstructed space free of buildings or structures, which is used for the growing and maintenance of grass, flowers, shrubs, natural vegetation or other landscaping.
## 5.125 PORCH
Is a partially enclosed, or fully enclosed structure attached to and forming part of a building.
## 5.126 PORTABLE PROCESSING PLANT
Any equipment for the crushing, screening or washing of sand and gravel
## 5.127 PRINCIPAL OR MAIN BUILDING
Any building, which is carried on, the principal purpose for which the building lot is used and shall include a barn or silo used in conjunction with a fam.
·
·
## 5.128 PRIVATE CLUB
A non-profit, non-commercial organization, which carries on social, cultural, athletic and/or recreational activities.
## 5.129 PRIVATE ROAD
to private right-of-way over private property, which affords access to abutting
## 5.130 PROVINCIAL HIGHWAY
A street under the jurisdiction of the Ministry of Transportation and Communications.
## 5.131 PUBLIC AUTHORITY
Any Federal, Provincial, County or Municipal agencies, and includes any commission, board, authority or department established by such agency.
## 5.132 QUARRY
A place where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial o manufacturing purposes, but does not include a wayside quarry or open pit metal mine.
## 5.133 RECREATIONAL AREA
A place designed and/or equipped for the conduct of sports, leisure time activities and other recreational activities, but shall not include buildings. It may include accessory structures to the principle use. It may include such items as signs, benches and goal posts.
## 5.134 RECREATIONAL DWELLING
A single detached dwelling that is used for temporary occupation on a seasonal basis by persons who maintain a permanent residence in another location.
## 5.135 RECREATIONAL VEHICLE
A self-propelled vehicle used as a temporary accommodation for seasonal recreational purposes and equipped with sanitary and cooking facilities.
## 5.136 RESORT
A tourist establishment that operates throughout all or part of the year and that has facilities for serving meals and furnishes equipment, supplies or services to persons in connection with angling, hunting, recreational purposes and may include a Liquor Licensed Premises.
## 5.137 RESOURCE MANAGEMENT ACTIVITY
The preservation, protection and improvement of the components of the
## 5.138 RESTAURANT
A building or part of a building where food is offered for sale or sold to the public primarily for immediate consumption.
## 5.139 RETAIL STORE
A building where goods, wares, merchandise, substances or articles, are include any retail outlet otherwise classified or defined in this By-law.
## 5.140 RETIREMENT HOME
A residential development consisting of a group of self-care units, either attached or detached, with ancillary facilities that provides social and recreational activities for use by its inhabitants, such facilities and forms of housing being designed for, and offered to persons who are at or near retirement age. Ancillary facilities may include nursing and medical facilities. chapels, meeting rooms, recreational facilities, therapy rooms, kiosk facilities and the like.
## 5.141 RIDING SCHOOL OR BOARDING STABLE
An area of land, which is used as an educational centre for horse training. handling, care, or for the lodging of horses.
## 5.142 SALVAGE OR WRECKING YARD
A place where motor vehicles and parts are wrecked, disassembled, repaired and resold, where second-hand goods, including waste paper, bottles automobile tires, clothing, other scrap materials and salvage are collected to be sorted and where used lumber and used building materials are stored for sale or resale.
## 5.143 SAWMILL
A building, structure or area where timber is cul or sawed, either to finished lumber or as an intermediary step.
## 5.144 SCHOOL
## 5.145 SERVICE SHOP
A building or part of a building, not otherwise defined or classified in this By. law, for the servicing or repairing of articles, goods or materials, as well as facilities for accessory retail sales, but shall not include the servicing, repairing or sales of motor vehicles.
·
## 5.146 SERVICE SHOP, PERSONAL
A building, or part of a building, in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons, such as a barber's shop, a ladies hairdressing establishment and a shoe repair shop.
## 5.147 SETBACK
The horizontal distance from the centre line of the street right-of-way.
## 5.148 STREET
A highway as defined under The Highway Traffic Act, or the Municipal Act or a road, which has been assumed and is maintained by the Corporation of the
## 5.149 STREET LINE
The limit of the street or road allowance and is the dividing line between a lot and street or road.
## 5.150 STRUCTURE
Anything man-made that is fastened to or into the earth or rests on the earth by its own mass or is attached to something having location on the ground, or is attached to a building including a septic system, holding tanks, satellite receiving dishes, and heat pumps. A floating dock or boardwalk shall be
## 5.151 SUMMER CAMP
## 5.152 TAVERN
A building or part thereof at which alcoholic beverages may be prepared and served for consumption on the premises with or without food.
## 5.153 TENT
Any kind of temporary shelter for sleeping that is not permanently affixed to the site and that is capable of being easily moved and is not considered a structure.
## 5.154 TOURIST ESTABLISHMENT
col is dising cone nin is provided inaluding a resort and a
- A camp operated by a charitable corporation approved under The Charitable Institutions Act, as amended;
- A club owned by its own members and operated without profit or gain.
## 5.155 TRAILER
vehicle that is at any time drawn upon a highway by a molor vehicle and fo le purposes of this By-law does not include a mobile hom
## 5.156 TRAILER, CONSTRUCTION
Any trailer designed to be temporarily located on a parcel of land during the onstruction of a building or the development of land utilized for tempora helter and/or the storage of equipment related to the construction occurrin on the land and having the running gear and towing equipment permanently
## 5.157 TRAILER, TRAVEL OR TENT
Any trailer which is designed to be temporarily utilized for living, shelter and sleeping accommodation, with or without cooking facilities and which has running gear and towing equipment that is permanently attached and is not
## 5.158 TRUCK CAMPER
Any unit so constructed that it may be attached upon a motor vehicle, as a separate unit, and capable of being temporarily utilized for the living, sleeping or eating accommodation of persons.
## 5.159 USE
- 4) Any burpse new ich get line of then steined or a caper o and
2. to be carity, on, a bu bung ors be sealer or dare one
## 5.160 UTILITY PROVIDER
public service.
## 5.161 VERANDA
Is an unenclosed structure attached to a building having a floor and roof.
·
·
## 5.162 VEHICLE
A motor vehicle, trailer, traction engine, farm tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or the cars of electric or steam railways running only upon rails.
## 5.163 VETERINARY HOSPITAL
The premises of a veterinary surgeon where animals are treated or kept.
## 5.164 WASTE DISPOSAL AREA
Aquace use aste, is disposed of orm or industrial waste, exclusive of
## 5.165 WATERBODY
A navigable river or lake having a surface area in excess of 10 hectares (25 acres).
## 5.166 WATERCOURSE
The natural channel for a perennial or intermittent stream of water including a river or stream.
## 5.167 WAREHOUSE
A building or part of a building used for the storage and distribution of goods, wares, merchandise, substances or articles and may include facilities for a wholesale or retail commercial outlet, but shall not include facilities for a truc or transport terminal or yard
## 5.168 WAYSIDE PIT OR QUARRY
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.
## 5.169 WRECKING YARD
An area outside of an enclosed building where motor vehicles are disassembled, dismantled or junked, or where vehicles not in operable condition, or used parts of motor vehicles, are stored.
## 5.170 WOODCHIPPER
A machine that processes logs into wood chips
## 5.171 WORKSHOP
shop, or similar uses.
## 5.172 YARD
Any open unoccupied space appurtenant 10 a building measured from the closest supporting structure of the building to the lot line.
## 5.173 YARD, EXTERIOR SIDE
& yard extending from the front yard to the rear yard belween the exterio side lot line and the nearest wall of any building on the lot for which the yar is required.
## 5.174 YARD, FRONT
A yard extending across the full width of the lot between the front lot line and the nearest wall of any building or structure on the lot for which the yard is required.
## 5.175 YARD, REAR
yard extending across the full width of the lot between the rear lot line an e nearest wall of any building on the lot for which the yard is requires
## 5.176 YARD, REQUIRED
The minimum yard required by the provisions of the By-law.
## 5.177 YARD, INTERIOR SIDE
## 5.178 ZONE
The category of use or activity of land, buildings, structures or activities permitted by this By-law.
## 5.179 ZONE PROVISIONS
The permissible uses, the minimum area and dimensions of lots, the minimum dimensions of yards, the maximum lot coverage, the minimum setback, gross
·
## SCHEDULE B MINIMUM DISTANCE SEPARATION I FORMULA
A principle of land use planning is the grouping together of compalible land uses and the separating of incompatible land uses. Industrial parks, residential subdivisions and commercial areas as separate parts of an urban area are a reflection of this principle.
The agricultural community generally acknowledges that even with the best management, noise and dust cannol be eliminaled from certain agricultural operations and that adours are associated with livestock production. Not all rural residents, including some farmers, can accept these conditions particularly when the nuisance is perceived to exceed acceplable levels.
In rural areas, this principle of separating different and incompatible land uscs has not always been applied. Where there has been sufficient separalion distance between differing rural uses, however, there have been few complaints. The distance separation will vary with the source of the polential complaint and the sensitivity of the neighbouring land uSC.
The primary purpose and use of prime agricultural areas should be for agriculture. Non-farm residents who sock the advantages of country life must be aware of the noise, odour and dust associated with normal farm practices.
Should complaints aboul odours, noise or dust occur, the Ministry of the Environment and Energy will respond. If the complaint is valid, Ministry of the Environment and Energy staff in cooperation with the farm operator and in consulation with Ministry of Agriculture Food and Rural Affairs staff recommend measures 1o resolve the complaint. If the complainant still has concerns they may requesi a hearing by the Farm Practices Protection Board. This Board can only hold hearings in regard to odour, dust or noise concerns. The Board rules whether the occurrence is a normal farming practice.
The Minimum Distance Separation (MDS) is a lool lo delermine a recommended distance belween a livestock facility and another land use. The abjective is to prevent land use conflicts and minimize nuisance complaints from odour. MDS does noi account for noise and dust.
Minimum Distance Separation will vary according to a number of variables including type of livestock, size of the farm operation, type of manure system and the form of development present or proposed.
Mos pie miran dienco sepaion for new developmen.
ros ride mime dia paide one or expanding.
The Guide To Agricullural Land Use contains advice on avoiding ‹ educing the porential for conflict belween neighbouring land use through appropriale farm practices.
These throe above documents replace the 1976 Agricullural Code of Practice.
Ultimately, land use planning decisions (including MDS) and good Carm practices must go hand-in-hand to promote harmony in the rura ommunity and to ensure agriculture as an ongoine activit
·
·
## MINIMUM DISTANCE SEPARATION I (MDS I) CALCULATION SHEET FOR NON-AGRICULTURAL USES
USE:
PURPOSE:
APPLICATION:
To determine the required Minimum Distance Separation (MDS I) for non-agricultural uses establishing or expanding in proximity to livestock facilities
To reduce the potential for odour conflicts between existing livestock facilities and proposed neighbouring land uses
MDS will be used for:
- assessing official plan amendments
- assessing zoning bylaw amendments
- evaluating consent applications
- other land use proposals
The following information is to be completed as it relates to the livestock operation. A separale calculation sheet is to be filled out for each livestock operation in proximity to the proposed non-agricultural use.
APPLICANT'S NAME.
ADDRESS
FARMER'S NAME
ADDRESS
COUNTY/REGION
FILE #
- PHONE
POSTAL CODE
PHONE
POSTAL CODE
CONC.
TOWNSHIP
EVALUATION DATE
LOT
EVALUATOR
Minimum Distance Separation required from Livestock Facility =
Actual distance as reported or estimated from Livestock Facility =
Minimum Distance Separation required from Manure Storage
=
Actual distance as reported or estimated from Manure Storage
. metres (rom Table 2)
- [ ] metres
- [ ] metres (from Table 3)
- [ ] metres
- [ ] This application MEETS - DOES NOT MEET - MDS requirements for the barn and manure storage.
## ·ASSESSMENT OF THE LIVESTOCK FACILITY
To calculate Livestock Units, complete Step I basca on information in Table 1 below.
## STEP I. TOTAL LIVESTOCK UNITS
| Column I TYPE OF LIVESTOCK | Column 2 HOUSING CAPACITY | Column 3 NUMBER OF ANIMALS PER LIVESTOCK UNIT (From Table I) | Column 4 NUMBER OF LIVESTOCK UNITS (Col. 2/C01.3) |
|------------------------------|-----------------------------------------------|----------------------------------------------------------------|-----------------------------------------------------|
| | (A) = TOTAL LIVESTOCK UNITS (sum of Column 4) | (A) = TOTAL LIVESTOCK UNITS (sum of Column 4) | (A) |
If there are more than 300 livestock units, reference must be made to a full sel of tables available from the Ontario Ministry of Agriculture, Food and Rural Affairs
## TABLE I. ANIMAL GROUPS
| ANIMAL GROUP 1 | ANIMAL GROUP 2 | ANIMAL GROUP 3 | ANIMAL GROUP | ANIMAL GROUP |
|-----------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------|-----------------------------------------------------------------|
| 1 Livestock Unit equals | 1 Livestock Unit equals | 1 Livestock Unit equals | 1 Livestock Unit equals | 1 Livestock Unit equals |
| 200.. Chicken Broilers i....Horse | 4....Adult Sheep? I...Boei Cow/Caninencol 10..Pcoder Lambs 100..Ducks 5.... Emu 4. Adull Goals! 10..Peoder Goals 3...Ostrich 500. Pullets SO... Turkeys (>10kg) 7S...Turkeys (5-10kg) 100. Turkeys (<5kg) | ...Bccf Cow! Yard/Bam 2..Beef Fooder Yard/Bam I....Dairy Cow'2 2...Dairy Heifer Yard/Bar 40.Adull Rabbits' 3...Rod Veal <300kg 125..Chicken Brooder Layers 75..Turkey Breader Layers | 80..Adult Mink 40... Adult Fox' 125...Cagod Layers | 4...Fcoder Hogs 5...Sows/Boars 20. Weaners 430kg 6...White Veal |
Select Animal Group 1 2 3 4 or 5, depending on type of animals on farm. If there are animals from different groups, select the highest group number. The group number is used when referring lo Table 2.
## STEP 2. LAND BASE ASSESSMENT (B)
Number of tillable hectares on site\_ \_x S = \_ (B) Potential Livestock Units -Maximum (B) is 150 Livestock Units.
## STEP 3.
Enter the GREATER OF (A) Total Livestock Units OR (B) Potential Livestock Units
Use this figure 1o enter Column 1 of Table 2.
L
:
·
## STEP4. TABLE 2, MINIMUM DISTANCE SEPARATION FROM LIVESTOCK FACILITY
-
-
·
<!-- image -->
| COLUMN I | TYPE "A" LAND USE To permit: - Up 1o 3 rural residential lots, either by consent or by plan of subdivision - the severance of an existing dwelling - passive recreational - the building of a dwelling on an exisling lot of record - agriculturally related commercial | TYPE "A" LAND USE To permit: - Up 1o 3 rural residential lots, either by consent or by plan of subdivision - the severance of an existing dwelling - passive recreational - the building of a dwelling on an exisling lot of record - agriculturally related commercial | TYPE "A" LAND USE To permit: - Up 1o 3 rural residential lots, either by consent or by plan of subdivision - the severance of an existing dwelling - passive recreational - the building of a dwelling on an exisling lot of record - agriculturally related commercial | TYPE "A" LAND USE To permit: - Up 1o 3 rural residential lots, either by consent or by plan of subdivision - the severance of an existing dwelling - passive recreational - the building of a dwelling on an exisling lot of record - agriculturally related commercial | TYPE "A" LAND USE To permit: - Up 1o 3 rural residential lots, either by consent or by plan of subdivision - the severance of an existing dwelling - passive recreational - the building of a dwelling on an exisling lot of record - agriculturally related commercial | TYPE "B" LAND USE To permit: - residential subdivision - active recreational - institutional - commercial - urban expansion - multiple residential - or result in a Rural Residential Cluster | TYPE "B" LAND USE To permit: - residential subdivision - active recreational - institutional - commercial - urban expansion - multiple residential - or result in a Rural Residential Cluster | TYPE "B" LAND USE To permit: - residential subdivision - active recreational - institutional - commercial - urban expansion - multiple residential - or result in a Rural Residential Cluster | TYPE "B" LAND USE To permit: - residential subdivision - active recreational - institutional - commercial - urban expansion - multiple residential - or result in a Rural Residential Cluster | TYPE "B" LAND USE To permit: - residential subdivision - active recreational - institutional - commercial - urban expansion - multiple residential - or result in a Rural Residential Cluster |
|------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Greater of Livestock | Animal Group | Animal Group | Animal Group | Animal Group | Animal Group | Animal Group | Animal Group | Animal Group | Animal Group | Animal Group |
| Units (A) or Polential | 11) | (2) | (3) | (4) | (5) | 11) | (2) | (3) | (4) | (5) |
| Livestock Units (B) | | | 48 | 60 | | 73 | | | 112 | 160 |
| | | | | 85 | 98 | 104 | | | 160 | 183 |
| | | | | 100 | 115 | 122 | | | 188 | 215 |
| | | | | 111 | 127 | 135 | | | 208 | |
| | | | | 119 | 136 | 146 | | | 224 | 256 |
| | | | | 126 | 144 | 154 | | | 237 | |
| | | | | 132 | 151 | 16l | | | 247 | 283 |
| | | | | | 157 | | | | 257 | 294 |
| | | | | 137 | | 167 | | | | |
| | | | | 142 | 162 | 173 | | | 266 | 304 |
| | | | | 146 150 | 167 | 178 | | | 274 282 | 313 |
| | | | | 154 | 172 176 | 183 188 | 197 202 | | 289 | 322 330 |
| | | | | | | 192 | 207 | | | |
| | | | | 158 | 180 | | | | 295 | 338 |
| | | | | 16l | 184 | 196 | 211 | | 302 | 345 |
| | | | | 164 | 188 | 200 | 215 | | 308 | 352 |
| | | | | | 191 | 204 | 219 | | 313 | 358 |
| | | | | | 194 | 207 | | | 319 | 364 |
| | | | | | 198 | 211 | | | 324 | 370 |
| | | | | | 201 | | | | 329 | 376 |
| | | | | | 204 | 217 | 234 | | 334 | 382 |
| | | | | | | | | | 343 | 392 |
| | | | | | 209 | 223 | | | 352 | 402 |
| | | | | | | 229 | | | | |
| | | 140 | | | | 244 | | | | |
| | | 143 | | | 234 | | | | | |
| | | 147 150 | | | 240 | | | | | |
| | | | | | 245 | | | | | |
| | | 154 | | | 251 | | | | | |
| | | 157 | | | 256 | | | | 420 | 480 |
| | | 160 | | | 262 | | | | 429 | 491 |
| | | 164 167 | | | 267 | | | | 439 | 501 |
| | | 171 | | | 273 278 | | | | 448 457 | 512 |
| | | 174 | | | 284 | | | | | 522 |
| | | | | | | | | | 466 | 532 |
| | | 177 | | | 290 | | | | | |
| | | 181 | | | 295 | | | | 475 | |
| | | 184 | | | | | | | 484 | |
| | | | | | | | | | 493 | |
| | | 188 191 | | | | | | | 502 | |
| | | | | | | | | | 5I1 | |
Read across appropriate line from Column I to respective Animal Group and Land Use Type. This number is the Minimum Distance Separation requirement in metres from a livestock facility.
Continue 1o TABLE 3 (next page).
..
## STEPS TABLE 3. MINIMUM DISTANCE SEPARATION FROM MANURE STORAGE
The following lable is used to calculate MDS requirements in metres from manure storages associated with liveslock facilities. Using the resulting MDS distance from Table 2, read across the appropriale line to Column 1, 2, 3 or 4. Sclocl the distance under the appropriale Land Use Type.
- Column I: Roofed or covered slorages for manure, runoff, and milk house washwatcs. Includes any covered or roofed concrele, sleel or earthen storages, in-barn solid manure packs, and storages under fully slatted foors.
This is the MINIMUM DISTANCE SEPARATION REQUTREMENT from the manure storage of a livestock facility for the establishment of a non-farm usc.
- Column 2: Open solid manure pile on concrele slab. Includes the runoff storages (concrete or earthen) used for capturing seepage liquids from solid manure slorage or runoff liquids from yards. If yards are scraped into runoff storage, use column 3 when runoff storage is a concrete or sloel lank and column 4 when runoff storage is earthen. Milkhouse washwater may be added to runoff storage.
- Column 4: Open earth-sided or earth-sided storage with concrele floor to be used for storing liquid manure or yard runoff when yard is scraped into storage or milkhouse washwater.
- Column 3: Open concrele or sleel tanks used for storing liquid manure, milkhouse washwater, or yard runoff where yard is scraped into storage.
## MANURE STORAGE DISTANCE
| Distance for Liveslock Facility from Table 2 (Step 4). | Column 1 Covered Storage Systems (m) | Column 1 Covered Storage Systems (m) | Column 2 Open Solid and Runoff Storage Systems (m) | Column 2 Open Solid and Runoff Storage Systems (m) | Column 3 Open Liquid Tank and Runoff Storage Systems (m) | Column 3 Open Liquid Tank and Runoff Storage Systems (m) | Column 4 Earthen Liquid and Runoff Storage Systems (m) | Column 4 Earthen Liquid and Runoff Storage Systems (m) |
|----------------------------------------------------------|----------------------------------------|----------------------------------------|------------------------------------------------------|------------------------------------------------------|------------------------------------------------------------|------------------------------------------------------------|----------------------------------------------------------|----------------------------------------------------------|
| (m) | Typc "A" Land Use | Typc "B" Land Use | Type "A" Land Use | Type "B" Land Use | Typc "A" Land Use | Typc "B" Land Use | Typc "A" Land Use | Typc "B" Land Use |
| | | | | | | - | 324 | |
| | | | 8 8 | | | - | | 1111 |
| | | | | | 2288 | | | |
| | | | | | | - | | |
| | | | | | 136 | - | 333 | |
| | 65 | | 79 | - | 140 | | 335 | |
| | 70 | | 84 | 103 | 144 | 241 | 337 | |
| | | | | 107 | 149 | 246 | 339 | |
| | | | | 112 | 153 | 250 | 342 | |
| | | | | 117 | 157 | 254 | 344 | |
| 90 | | 90 | | 122 | 161 | 258 | 346 | |
| 95 | | 95 | | 127 | 165 | 263 | 348 | |
| 100 | | | | 132 | 170 | 267 | 35l | |
| 110 | | | | 141 | 178 | 275 | 355 | |
| 120 | | | | 151 | 187 | 284 | 359 | |
| | | | 142 | 161 | 195 | 292 | 364 | |
| | | | | 171 | 203 | 301 | | |
| | | | | | | 309 | | |
| | 180 | | | 209 | | | | |
| | 190 | | | 219 | | | | |
| | 200 | | 210 | 229 | 263 | 351 | | |
| | 210 | | 220 | 239 | | 360 | 399 404 | |
| | 220 | | 230 | 248 | 271 | 368 | | |
| | 230 | 230 | 239 | 258 | 280 | 377 | 408 | |
| | 240 | 240 | 249 | 268 | 288 | 385 | 413 | |
| | 260 | 260 | 268 | 287 | 305 | 402 | 421 430 | |
| | 280 | 280 | 288 | 307 | 322 | 419 436 | 439 | |
| | 300 | 300 | 307 | 326 | 339 | | | |
| | | | | 346 | 356 | 453 | 448 | |
| | 320 | 320 | 327 | | | 470 | | |
| | 340 | 340 | 346 | | 389 | | | |
| | 360 | | | | | | | |
| | 380 | | | | | | | |
| | | 400 | | | | | 506 | |
| | | 450 | | | | | | |
## SCHEDULE C MINIMUM DISTANCE SEPARATION II FORMULA
Farm Practices Protection Board. This Board can only hold hearings in regard to odour, dust or noise concerns. The Board rules whether the occurrence is a normal farming praclice.
A principle of land use planning is the grouping together of compatible land uses and the separating of incompatible land uses. Industrial parks, residential subdivisions and commercial areas as separate parts of an urban area are a reflection of this principle.
The agricultural community generally acknowledges that even with the best managemeni, noise and dust cannot be eliminated from certain agricultural operations and that odours are associaled with livestock production. Not all rural residents, including some farmers, can accept these conditions particularly when the nuisance is perceived lo excoed acceptable levels.
The Minimum Distance Separalion (MDS) is a tool lo determine a recommended distance between a livestock facility and another land use. The objective is to prevent land use conflicts and minimize nuisance complaints from odour. MDS does not account for noise and dust.
In rural areas, this principle of separating different and incompatible land uses has not always been applied. Where there has been sufficient separation distance between differing rural uses, however, there have been few complaints. The distance separation will vary with the source of the potential complaint and the sensitivity of the neighbouring land USC.
The primary purpose and use of prime agricultural areas should be for agriculture. Non-farm residents who seck the advantages of country life must be aware of the noise, odour and dust associated with normal farm practices.
Should complaints about odours, noise or dust occur, the Ministry of the Environment and Energy will respond. If the complaint is valid, Ministry of the Environment and Energy staff in cooperation with the farm operator and in consullation with Ministry of Agricullure, Food and Rural Affairs staff recommend measures 10 resolve the complaint. If the complainant still has concerns they may request a hearing by the Minimum Distance Separation will vary according 1o a number of variables including type of livestock, size of the farm operation, type of manure system and the form of development present or proposce.
MDS 1 provides minimum distance separation for new development from existing livestock facilities.
MDS Il provides minimum distance separalion for new or expanding livestock facilities from existing or approved development.
The Guide To Agricultural Land Use contains advice on avoiding or reducing the polential for conflict belween neighbouring land uses through appropriate farm practices.
These three above documents replace the 1976 Agricultural Code of Practice.
Ultimately, land use planning decisions (including MDS) and good arm practices must go hand-in-hapd to promote harmony in the rur ommunity and to ensure agriculture as an ongoing activit
:
USE:
PURPOSE:
APPLICATION:
## MINIMUM DISTANCE SEPARATION II DATA SHEET
To determine the required minimum distance for livestock and poully facilities within agricultural areas.
To permit the orderly development of livestock operations within agricultural areas, and 1o reduce the potential for enviommental conflicts between livestock or poultry operations and incompatible land uses.
- As a method of siting livestock and poultry housing and manure facilities by municipalities through incorporation into by-laws as authorized under the Planning Act.
- As a guideline for certification of new, proposed expansion of or modification of livestock facilities under the Ontario Certificate of Compliance Program.
The following information is to be completed as it relares to the livestock operation.
Farm Name/Owner
Farm Location: County/Region
Address:
This projoct consists of:
- [ ] · Modifications lo existing livestock or poultry facilities.
- [ ] · Existing livestock or poultry facilities.
- [ ] · Manure storage.
Lot Con.
Phone: (
Fax:
- [ ] · New livestock or poultry facilities.
- [ ] · Pollution abalement program.
- [ ] · Rebuilding (ic. after fire).
Use the table below to list the sype and number of livestock or poully housed at any one time on the property:
| | HOUSING CAPACITY | HOUSING CAPACITY |
|------------------------------|--------------------|--------------------|
| Type of Anlmal Housed/Penced | Existing Operatiou | Final Operation |
| e.g. chicken broilers | 20000 | 22000 |
Manure Storage Information:
Dry Manure Collection
- [ ] · Tractor Scraper
- [ ] · Manure Pack
- [ ] · Stable Cleaner/Beles
- [ ] · Manure Pack in Bam
Dry Manure Storage
- [ ] · Roofed Solid Storage
- [ ] · Open Solid Storage with Concrete Runoff Tank
- [ ] · Open Solid Storage with Earthen Runoff Tank
- [ ] · Open Solid Storage
Twp.
Postal Code:
Liquid Manure Collection
- [ ] · Flush System
- [ ] · Stable Cleaner, Alley Scraper
- [ ] · Flow Gutter, Fully-Slatted Floors
- [ ] · Full Storage Under Slats
- [ ] · Flow Gutter, Partially-Stalled Floors
Liqu'd Manure Storage
- [ ] · Open Concrele or Sieel Storage
- [ ] · Full Storage under Slats
- [ ] · Open Earthen Storage Covered Concrele Storage
## SKETCH:
The following items must be shown on the properly skelch (below):
- Location of all lot lines.
- \_ North direction.
- -- Distances in metres from proposed structures lo public roads and neighbouring dwellings.
- Location and size of all existing and proposed buildings on the property.
- Location and distance in metres of subject structures to all streams, ditches, municipal drains, severances, elc.
- -- Location and distances in metres from subject structures lo nearest area zoned 'Residential'.
- Locations of all manure lanks, pads and earthen slorages.
- Locale and Identify (drilled, dug) water wells
- Any other unusual siting conditions.
- -- Current use of lands/buildings adjacent to property.
Draw Sketch Below: (If necessary, please attach additional drawings for clarificalion)
<!-- image -->
:
i
·
## MINIMUM DISTANCE SEPARATION II CALCULATION FORM
Farm Name/Owner
| Type of Livestock/Poultry | Existing Bam Capacity | Livestock Units | Additional Bam Capacity | Livestoch Units | Total Bam Capacity | Livestocl Units |
|-----------------------------|-------------------------|-------------------|---------------------------|-------------------|----------------------|-------------------|
| Toral ! | Toral ! | | Total 2 | | Total 3 | |
- [ ] Total 2→1 1
Calculation of Percentage Increase:
- [ ] Factor A: Livestock/poultry to be added. Table I Factor A:
- [ ] Factor B: Total number of livestock units. Table 2
- [ ] Factor C: Percentage increase. Table 3....
- [ ] Pector D: Type of manure system (Solid-O.7, Liquid-0.B) Factor D:
- [ ] Building Base distance (A x B x Cx D)
Manure Storage Base Distance Table 4
- [x] Total 1→1
- X 100 = 1
- [ ] Factor B:
- [ ] Factor C:
- [ ] Base Distance F:
- [ ] Base Distance'S':
1%
·
| MINIMUM DISTANCE SEPARATION SUMMARY: | MINIMUM DISTANCE SEPARATION SUMMARY: | BUILDING: Base Distance | 1 metres | MANURE STORAGE: Base Distance | 1 metres |
|-------------------------------------------------------------------------------------------------------|----------------------------------------|---------------------------|---------------------|---------------------------------|---------------------|
| Column 1 | Col. 2 | Col 3 | Col. 4 | Col. S | Col. 6 |
| Neighbouring land use or boundary | Factor | Distance Col. 2(m) | Actual Distance (m) | Distance Col. 2(m) | Actual Distance (m) |
| Nearest Neighbour's Dwelling | 1.0 | | | | |
| Areas zoned or designaled Agriculturally Related Commercial Use Passive Recreational or Industrial | 1.0 | | | | |
| Areas zoned or designated Residential, Institutional, Active Recreational, or Commercial. Urban Areas | 2.0 | | | | |
| - Nearest Side or Rear Lot Linc | 0.2 | | | | |
| Nearest Road Allowance (Side or Front Lot Line) | 0.25 | | | | |
:
TABLE 1: FACTOR 'A' (Barn Odour Potential). and Animals per Livestock Unit (based on housing capacity).
<!-- image -->
| Animals per Livestock Unit | Animals per Livestock Unit | Animals per Livestock Unit | Animals per Livestock Unit | Factor A: |
|------------------------------|------------------------------|--------------------------------|------------------------------|-------------|
| BEEF | | Beef Cowl | -(bam confinement) | 0.7 |
| BEEF | | | - (bar with yard) | 0.8 |
| BEEF | | Beef Feders | . (bam confinement) | 0.7 |
| BEEF | | | (barn with yard). | 0.8 |
| CHICKEN | 125 | Caged Layers | ..(manure stored in bam). | 1.0 |
| CHICKEN | 125 | Caged Layers | ..(daily manure removal) | 0.8 |
| CHICKEN | 125 | Chicken Breeder Layers | | 0.8 |
| CHICKEN | 200 | Chicken Broilers/Roasters | | 0.65 |
| CHICKEN | 500 | Pullets (replacement layers) | | 0.7 |
| DAIRY | | | -(lie-stall). | 0.65 |
| DAIRY | | Milking Com 2... | ..(froe-stall).. | 0.7 |
| DAIRY | | Dairy Heilers.. | .. (bam confinement) | 0.7 |
| DAIRY | 2 | | ...(bam with yard). | 0.8 |
| DUCK | 100 | Ducks.. | | 0.7 |
| EMU | 5 | Emu | | 0.7 |
| POX | 40 | Adult Roxi | | 1.1 |
| GOAT | 4 | Adull Goals? | | 0.7 |
| GOAT | | Reader Goats (>20 kg) | | 0.7 |
| HORSE | | Horse?. | | 0.65 |
| MINK | 80 | Adull Mink* | | 1.1 |
| OSTRICH | 3 | Ostrich | | 0.7 |
| RABBIT | 40 | Adult Rabbist..: | | 0.8 |
| SHEEP | 4 | Adult Sheep?.. | | 0.7 |
| SHEEP | 10 | Feader Lambs (>20 kg) | | 0.7 |
| SWINE | 5 | Sows/Boars...... | | 1.0 |
| SWINE | 20 | Weaners (4-30 kg) | | 1.0 |
| SWINE | 4 | Fooder Hogs (30-120 kg) | | 1.0 |
| TURKEY | 50 | Meal Turkeys (>10 kg) .. | | 0.7 |
| TURKEY | | Meat Turkeys (5-10 kg) | | 0.7 |
| TURKEY | 75 | Turkey Breeder Layers | | 0.8 |
| TURKEY | 100 | Meal Turkeys (<5 kg) | | 0.7 |
| | 500 | Pullets (replacement brecders) | | 0.7 |
| VEAL | 6 | White Veal | | 1.0 |
| VEAL | 3 | Red Veal (<300 kg) | | 0.8 |
Nores: For all other animals/poultry use | livestock unit per 450 kg housed al one lime (A=0.8).
'Includes calf to 150 kg.
Includes offspring until weaned.
"A dairy farm usually has milking cows, dry cows, heifers and calves. Multiply the number of milking cows by 1.5 lo account for the followers when they are all kept on the same farm.
Includes offspring to market size.
Multiply number of sows by 2.4 to determine the number of weaners.
·
TABLE 2: FACTOR 'B' (Final Livestock Units).
| Livestock Units | Livestock Units | Factor | Livestock Units | Livestock Units | Factor | Units | Units | Pastor | Livestock Units | Livestock Units | Factor |
|-------------------|-------------------|----------|-------------------|-------------------|----------|---------|------------------------|----------|-------------------|-------------------|----------|
| | | 107 | | | 313 | 500 | | | | | |
| | | 119 | 28 | | 318 | 520 | | | | | |
| | | 129 | 110 | | 327 | 540 | | | / | | | | 11111111 | |
| | | 138 | 120 | | 335 | 560 | | | | | |
| | | 145 | 130 | | | 580 | | | | | |
| 10 | | 152 | 140 | | | 600 | | 611 | | | |
| 12 | - | 164 | 150 | | | 620 | | 617 | | | |
| 14 | | 175 | 160 | | | 640 | | 623 | | | |
| 16 | | 183 | 170 | - | | 660 | | 629 | | | |
| 18 | | 191 | 180 | | | 680 | | 635 | | | |
| 20 | | 198 | 190 | | | | | | | | |
| 22 | - | 205 | 200 | | 400 | | - | | | | |
| 24 | - | 210 | 210 | | 409 | | - | | | | |
| 26 | - | 216 | 220 | | 418 | | | | | | |
| | - | | 230 | | | | | | | | |
| | | | 240 | | | | | | | | |
| 32 | - | 230 | 250 | | | | | | | | |
| | | 234 | 260 | - | | | | | | | |
| 38 | | 241 | 280 | - | | | | | | | |
| 40 | - | 245 | 290 | - | | | | | | | |
| 45 | - | 253 | 300 | | | | | | | | |
| | - | 261 | 320 | - | | | | | | | |
| | - | 275 | 360 | - | | | | | | | |
| | - | 281 | 380 | | | | | | | | |
| 70 | - | 287 | 400 | | | | | | | | |
| | - | 293 | 420 | - | | | | | | | |
| | | 298 | 440 | - | | | | | | | |
| | | 304 | 460 | - | | | | | | | |
| | | 309 | 480 | - | | | | | | | |
TABLE 3: FACTOR 'C' (Percentage Increase).
| Percentage Increase | Percentage Increase | Facros | Percentage Increase | Percentage Increase | Factor | Percentage Increase | Percentage Increase | Factor |
|-----------------------------------------|-----------------------|-------------------------------------------------------------|-------------------------------------------------|-----------------------|-------------------------------------------------------------|-----------------------|-----------------------|--------------------------------------------------------|
| 0-50 55 60 65 70 75 80 85 90 95 100 110 | - - - - - - - - - - | 0.70 0.72 0.73 0.75 0.76 0.77 0.78 0.79 0.81 0.82 0.83 0.85 | 120 130 140 150 160 170 180 190 200 220 240 260 | - - - - - | 0.86 0.88 0.90 0.91 0.92 0.94 0.95 0.96 0.97 0.99 1.00 1.02 | | - - - - - | 1.03 1.04 1.0S 1.06 1.07 1.08 1.09 1.10 1.12 1.13 1.14 |
Nore: For new lirestock farms or if the % increase is greater than 700 per. cent, use Factor C= 1.14
:
## · TABLE 4: SITING DISTANCES FOR MANURE STORAGES (metres).
Column I: Roofed or covered storages for manure, runoff, and milkhouse washwater. Includes any covered or roofed concrele, sicel or earthen storages,
- Column 2: Open solid manure pile on concrele slab. Includes the runoff storages (concrele or earthen) used for capturing seepage liguids from soli‹ nanure slorage or runoff liquids from yards. If yards are scraped into runoff storage, use column 3 when runoff storage is a concrete or stee
- Column 3: Open concrete or steel tanks used for storing liquid manure, milkhouse washwater, or yard runoff where yard is scraped into storage.
- Column 4: Open earth-sided or earth-sided storage with concrete floor to be used for storing liquid manure or yard runoff when yard is scraped
## MANURE STORAGE BASIC DISTANCE "S'
| | Column 1 | Column 2 | Column 3 | Column 4 |
|-----------------------------------------------|---------------------------------|-------------------------------------------|-------------------------------------------------|-----------------------------------------------|
| Minimum Base Distance -F for the Building (m) | Covered Storage Systems (m) | Open Solid and Runoff Storage Systems (m) | Open Liquid Tank and Runoff Storage Systems (m) | Earthen Liquid and Runoff Storage Systems (m) |
| | | 55 | | 324 |
| | 879n888x828288388889*8888888883 | | | |
<!-- image -->
<!-- image -->
<!-- image -->
<!-- image -->
<!-- image -->
<!-- image -->
<!-- image -->
<!-- image -->