Comprehensive Zoning By-law 38-2007
Shelburne, Ontario
· adopted 2007-09-10
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THE CORPORATION OF THE
TOWN OF SHELBURNE
COMPREHENSIVE
ZONING BY-LAW
BY-LAW NO. 38-2007
Office Consolidation
May 2012
OFFICE CONSOLIDATION
This document is a consolidation of Zoning By-law No. 38-2007 as amended up to and
including By-law No. 24-2012 passed by the Council of the Town of Shelburne on
April 30, 2012. The list of the amendments to Zoning By-law No. 38-2007 to date, and
their dates of decision by the Council of the Town of Shelburne, and the final approval
dates, are identified on the following page. This consolidated document is prepared for
purposes of convenience only, and for accurate reference recourse should be made to
the actual Zoning By-law Amendments.
TOWN OF SHELBURNE
ZONING BY-LAW NO. 38-2007
LIST OF AMENDMENTS
By-Law Number
Date of Council Decision
Date of Final Approval
14-2008
April 14, 2008
May 5, 2008
33-2008
October 27, 2008
November 17, 2008
10-2010
February 22, 2010
March 24, 2010
27-2010
April 26, 2010
May 27, 2010
36-2010
May 31, 2010
October 6, 2010
(O.M.B. File No. PL100717)
43-2010
July 26, 2010
August 24, 2010
58-2010
May 9, 2011
May 9, 2011
65-2010
October 18, 2010
June 15, 2011
(O.M.B. File No. PL101367)
74-2010
December 6, 2010
January 5, 2011
05-2011
January 24, 2011
February 28, 2011
50-2011
October 31, 2011
December 1, 2011
18-2012
March 5, 2012
April 4, 2012
24-2012
April 30, 2012
May 23, 2012
TABLE OF CONTENTS
SECTION 1
ADMINISTRATION ........................................................................... 1
1.1 TITLE ...................................................................................................................... 1
1.2 AREA AFFECTED BY THIS BY-LAW ............................................................... 1
1.3 BUILDING PERMITS ............................................................................................ 1
1.4 SEVERABILITY PROVISION .............................................................................. 1
1.5 REPEAL OF EXISTING BY-LAWS ..................................................................... 1
1.6 EFFECTIVE DATE ................................................................................................ 1
1.7 USE OF LAND, BUILDINGS AND STRUCTURES ........................................... 2
1.8 APPLICATION OF OTHER REGULATIONS ..................................................... 2
1.9 ENFORCEMENT ................................................................................................... 2
SECTION 2
ESTABLISHMENT OF ZONES ....................................................... 3
2.1 ZONES .................................................................................................................... 3
2.2 ZONE SCHEDULE ................................................................................................ 3
2.3 SPECIAL ZONES ................................................................................................... 3
2.4 DETERMINING ZONE BOUNDARIES ............................................................... 4
2.5 COMPLIANCE WITH ZONING BY-LAW .......................................................... 4
2.6 HOLDING PROVISIONS ...................................................................................... 5
SECTION 3
GENERAL PROVISIONS ................................................................. 6
3.1 APPLICATION ....................................................................................................... 6
3.2 ACCESSORY BUILDINGS, STRUCTURES AND USES ................................... 6
3.2.1
Permitted Uses .......................................................................................... 6
3.2.2
Setback and Yard Requirements .............................................................. 6
3.2.3
Lot Coverage and Height ......................................................................... 7
3.2.4
Accessory Building and Structure Encroachments .................................. 7
3.2.5
Private Garages ....................................................................................... 10
3.2.6
Gate House in Industrial Zone ................................................................ 11
3.2.7
Outdoor Furnaces ................................................................................... 11
3.2.8
Wind Turbines ........................................................................................ 11
3.3 ACCESSORY DWELLING UNIT OR DWELLING IN A NON-RESIDENTIAL
BUILDING OR LOT ............................................................................................ 11
3.3.1
Setbacks and Yards ................................................................................ 11
3.3.2
Facilities to be Provided ......................................................................... 12
3.3.3
Location .................................................................................................. 12
3.4 DWELLINGS AND DWELLING UNITS ........................................................... 12
3.4.1
Location of Dwelling Units .................................................................... 12
3.4.2
Converted Dwelling Units ...................................................................... 13
3.4.3
Number of Dwelling Units on One Lot .................................................. 13
3.5 ACCESS ON IMPROVED PUBLIC STREET .................................................... 13
3.6 PROVINCIAL HIGHWAYS ................................................................................ 14
3.7 ESTABLISHED BUILDING LINE IN RESIDENTIAL ZONE .......................... 14
3.8 HEIGHT EXCEPTIONS ....................................................................................... 15
3.9 HOME OCCUPATION ........................................................................................ 15
3.10 LOADING SPACE REQUIREMENTS ............................................................... 16
3.10.1 Loading Space ........................................................................................ 16
3.10.2 Loading Space Requirement Table ........................................................ 17
3.10.3 Access ..................................................................................................... 17
3.10.4 Loading Space Surface ........................................................................... 17
3.10.5 Location .................................................................................................. 17
3.10.6 Additions to or Change in Use of Existing Buildings ............................ 17
3.11 MULTIPLE ZONES ON ONE LOT ..................................................................... 18
3.12 NON-CONFORMING USES ............................................................................... 18
3.12.1 Continuation of Existing Uses ................................................................ 18
3.12.2 Permitted Exterior Extension, Alteration and Reconstruction ............... 18
3.12.3 Permitted Interior Alteration .................................................................. 18
3.12.4 Restoration to a Safe Condition .............................................................. 18
3.12.5 Building Permit Issued ........................................................................... 19
3.13 NON-COMPLYING LOTS, BUILDINGS, STRUCTURES AND USES ........... 19
3.13.1 Permitted Buildings or Structures .......................................................... 19
3.13.2 Reconstruction of Existing Building ...................................................... 19
3.13.3 Existing Undersized Lots of Record ...................................................... 20
3.14 NOXIOUS TRADE ............................................................................................... 20
3.15 PARKING AREA REGULATIONS .................................................................... 20
3.15.1 Parking Space Requirements .................................................................. 20
3.15.2 Parking Area Surface .............................................................................. 20
3.15.3 Ingress and Egress Provisions ................................................................ 21
3.15.4 Parking Space Requirements .................................................................. 22
3.15.5 More Than One Use on a Lot ................................................................. 22
3.15.6 Parking Area Location on Lot ................................................................ 22
3.15.7 Additions To, or Changes In, the Use of Existing Buildings and
Structures ............................................................................................. 23
3.15.8 Use of Parking Spaces and Areas ........................................................... 23
3.15.9 Parking Space Requirement Table ......................................................... 24
3.15.10 Designated Parking Space Requirements ............................................... 26
3.16 PLANTING STRIPS ............................................................................................. 27
3.16.1 Location .................................................................................................. 27
3.16.2 Contents .................................................................................................. 28
3.16.3 Driveways and Walkways ...................................................................... 28
3.16.4 Landscaped Open Space ......................................................................... 28
3.17 PUBLIC USES ...................................................................................................... 28
3.17.1 Location Restrictions .............................................................................. 28
3.17.2 Provisions ............................................................................................... 28
3.17.3 Public Utilities ........................................................................................ 29
3.17.4 Streets and Service Installations ............................................................. 29
3.18 REDUCTION OF REQUIREMENTS .................................................................. 29
3.19 SERVICES REQUIRED ....................................................................................... 29
3.20 SIGHT TRIANGLES ............................................................................................ 30
3.21 SIGNS ................................................................................................................... 30
3.22 TEMPORARY CONSTRUCTION USES ............................................................ 30
3.23 SPECIAL SETBACKS ......................................................................................... 31
3.23.1 Street Centre Lines ................................................................................. 31
3.23.2 Watercourses .......................................................................................... 31
3.23.3 Group Homes ......................................................................................... 31
3.23.4 Minimum Distance Separation: Livestock Facilities ............................. 31
3.23.5 Natural Environment Zones ................................................................... 32
3.24 THROUGH LOTS ................................................................................................ 32
3.25 RECREATIONAL VEHICLES, TRAILERS AND CAMPERS .......................... 32
3.25.1 Parking and Storage ................................................................................ 32
3.25.2 Use .......................................................................................................... 33
3.26 WELLHEAD PROTECTION AREAS ................................................................. 33
SECTION 4
ZONE PROVISIONS ........................................................................ 34
4.1 RESIDENTIAL TYPE ONE (R1) ZONE ............................................................. 34
4.1.1 Permitted Uses ........................................................................................ 34
4.1.2
Regulations for Permitted Uses .............................................................. 34
4.1.3
Exceptions .............................................................................................. 34
4.2 RESIDENTIAL TYPE TWO (R2) ZONE ............................................................ 37
4.2.1 Permitted Uses ........................................................................................ 37
4.2.2
Regulations for Permitted Uses .............................................................. 37
4.2.3
Exceptions .............................................................................................. 38
4.3 RESIDENTIAL TYPE THREE (R3) ZONE ........................................................ 39
4.3.1 Permitted Uses ........................................................................................ 39
4.3.2
Regulations for Permitted Uses .............................................................. 39
4.3.3
Exceptions .............................................................................................. 39
4.4 RESIDENTIAL TYPE FOUR (R4) ...................................................................... 42
4.4.1 Permitted Uses ........................................................................................ 42
4.4.2
Regulations for Permitted Uses .............................................................. 42
4.4.3
Exceptions .............................................................................................. 43
4.5 RESIDENTIAL TYPE FIVE (R5) ZONE ............................................................ 44
4.5.1
Permitted Uses ........................................................................................ 44
4.5.2
Regulations for Permitted Uses .............................................................. 44
4.5.3
Exceptions .............................................................................................. 45
4.6 DOWNTOWN COMMERCIAL (C1) ZONE ...................................................... 47
4.6.1
Permitted Uses ........................................................................................ 47
4.6.2
Regulations for Permitted Uses .............................................................. 48
4.6.3
Exceptions .............................................................................................. 48
4.7 MIXED-USE COMMERCIAL (C2) ZONE ......................................................... 49
4.7.1
Permitted Uses ........................................................................................ 49
4.7.2
Regulations for Permitted Uses .............................................................. 50
4.7.3
Exceptions .............................................................................................. 50
4.8 SERVICE COMMERCIAL (C3) ZONE ............................................................. 53
4.8.1
Permitted Uses ........................................................................................ 53
4.8.2
Regulations for Permitted Uses .............................................................. 53
4.8.3
Exceptions .............................................................................................. 54
4.9 SPECIAL COMMERCIAL (C4) ZONE .............................................................. 55
4.9.1
Permitted Uses ........................................................................................ 55
4.9.2
Regulations for Permitted Uses .............................................................. 56
4.9.3
Exceptions .............................................................................................. 57
4.10 SPECIAL TOURISM (T) ZONE .......................................................................... 59
4.10.1 Permitted Uses .......................................................................................... 59
4.10.2 Regulations for Permitted Uses ................................................................ 59
4.10.3 Exceptions ................................................................................................. 59
4.11 EMPLOYMENT (M1) ZONE .............................................................................. 60
4.11.1 Permitted Uses .......................................................................................... 60
4.11.2 Regulations for Permitted Uses ................................................................ 61
4.11.3 Exceptions ................................................................................................. 61
4.12 GENERAL INDUSTRIAL (M2) ZONE ............................................................. 63
4.12.1 Permitted Uses ........................................................................................ 63
4.12.2 Regulations for Permitted Uses .............................................................. 63
4.12.3 Exceptions .............................................................................................. 64
4.13 INSTITUTIONAL (I) ZONE ................................................................................ 65
4.13.1 Permitted Uses ........................................................................................ 65
4.13.2 Regulations for Permitted Uses .............................................................. 65
4.13.3 Exceptions .............................................................................................. 66
4.14 OPEN SPACE RECREATION (OSR) ZONE ...................................................... 67
4.14.1 Permitted Uses ........................................................................................ 67
4.14.2 Regulations for Permitted Uses .............................................................. 67
4.14.3 Exceptions .............................................................................................. 67
4.15 NATURAL ENVIRONMENT (NE) ZONE ......................................................... 68
4.15.1 Permitted Uses ........................................................................................ 68
4.15.2 Regulations for Permitted Uses .............................................................. 68
4.15.3 Exceptions .............................................................................................. 68
4.16 DEVELOPMENT (D) ZONE ............................................................................... 69
4.16.1 Permitted Uses ........................................................................................ 69
4.16.2 Regulations for Permitted Uses .............................................................. 69
4.16.3 Exceptions .............................................................................................. 69
SECTION 5
DEFINITIONS ................................................................................... 70
SECTION 6
ENACTMENT ................................................................................. 100
6.1 FORCE AND EFFECT ....................................................................................... 100
6.2 By-law 16-1992, as amended, is hereby repealed. .............................................. 100
6.3 READINGS BY COUNCIL ............................................................................... 100
6.4 CERTIFICATION ............................................................................................... 100
APPENDIX A: ILLUSTRATIONS .......................................................................... 101
APPENDIX B: MINIMUM DISTANCE SEPARATION (MDS) GUIDELINES
SCHEDULE A
Zoning Schedules
SCHEDULE B
Wellhead Protection Areas
THE CORPORATION OF THE TOWN OF SHELBURNE
BY-LAW NO. 38-2007
BEING A BY-LAW TO REGULATE USE OF LANDS AND THE
RESTRICTING, ERECTING, LOCATING AND USING OF BUILDINGS
WITHIN THE TOWN OF SHELBURNE
WHEREAS the Corporation of the Town of Shelburne has the authority to approve
Comprehensive Zoning By-laws pursuant to Section 34 of the Planning Act;
AND WHEREAS the Council of the Corporation of the Town of Shelburne deems it
expedient that a new set of uniform standards and provisions be adopted in regard to the
use of land within the Town;
NOW THEREFORE the Council of the Corporation of the Town of Shelburne enacts
as follows:
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
1
SECTION 1
ADMINISTRATION
1.1
TITLE
This By-law may be referred to as "The Zoning By-law of the Town of
Shelburne".
1.2
AREA AFFECTED BY THIS BY-LAW
This By-law applies to all lands within the corporate limits of the Town
of Shelburne.
1.3
BUILDING PERMITS
The requirements of this By-law must be met before a Building Permit is
issued for the erection, additions to or alteration of any building or
structure.
1.4
SEVERABILITY PROVISION
A decision of a Court that one or more of the provisions of this By-law
are invalid in whole or in part does not affect the validity, effectiveness,
or enforceability of the other provisions or parts of the provisions of this
By-law.
1.5
REPEAL OF EXISTING BY-LAWS
Upon this By-law coming into force and effect, By-law No. 16-1992 of
the Town of Shelburne and all amendments thereto are hereby repealed.
1.6
EFFECTIVE DATE
This By-law shall come into force the day that it was passed where there
are no appeals filed, or where appeals are filed, where all of the appeals
are finally disposed of by the Ontario Municipal Board.
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
2
1.7
USE OF LAND, BUILDINGS AND STRUCTURES
No lands, buildings or structures within the area covered by this By-law
shall be used for any purpose except as otherwise permitted by this By-
law. Any use of land defined in this By-law but not specifically
permitted in any zone is prohibited by the By-law.
1.8
APPLICATION OF OTHER REGULATIONS
Nothing in this By-law shall serve to relieve any person from any
obligation to comply with the requirements of any other By-law of the
Town of Shelburne or any other Federal or Provincial regulation that
may affect the use of lands, buildings or structures in the Town.
1.9
ENFORCEMENT
i)
Any person convicted of a violation of this By-law is liable 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
in accordance with the Planning Act.
ii)
Any Corporation convicted of violation of this By-law is liable
on first conviction to a fine of not more than $50,000, and on a
subsequent conviction to a fine of not more than $25,000, for
each day or part thereof upon which the contravention has
continued after the day on which the person was first convicted
in accordance with the Planning Act.
iii)
If any buildings or structures or any part thereof is to be erected,
altered, reconstructed or extended, or any lot is being used or is
to be used, in contravention of any requirement of this By-law,
such contravention may be restrained by action at the instance of
any rate-payer or of the Municipality pursuant to the provisions
of the Planning Act and/or the Municipal Act, and/or any other
legislation applicable.
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
3
SECTION 2
ESTABLISHMENT OF ZONES
2.1
ZONES
For the purposes of this By-law, the following zones are established and
they may be referred to by the name or by the symbol set opposite the
name of the zone below:
R1
-
Residential Type One
R2
-
Residential Type Two
R3
-
Residential Type Three
R4
-
Residential Type Four
R5
-
Residential Type Five
C1
-
Downtown Commercial
C2
-
Mixed-Use Commercial
C3
-
Service Commercial
C4
-
Special Commercial
T
-
Special Tourism
M1
-
Employment
M2
-
General Industrial
I
-
Institutional
OSR
-
Open Space Recreation
NE
-
Natural Environment
D
-
Development
2.2
ZONE SCHEDULE
The zones and zone boundaries are shown on the attached Schedule 'A',
which forms part of this By-law. Schedule 'A' is comprised of a series
of maps.
2.3
SPECIAL ZONES
Where a zone symbol is followed by a dash and a number, (for example
R1-1) there are special provisions that apply to the zone. These special
provisions are contained in the section of the By-law that applies to the
primary zone.
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
4
Where a zone symbol is followed by a dash and the letter F (for example
M1-F) the lands are within or adjacent to a flood and/or fill regulatory
area. All development shall be subject to the review and approval of the
Nottawasaga Valley Conservation Authority.
2.4
DETERMINING ZONE BOUNDARIES
i)
A zone boundary shown approximately at a lot line, street or lane
is considered to be at the boundary of the lot line, street or lane.
ii)
A zone boundary shown approximately in the centreline of a
street or lane is considered to be the centreline of the street or
lane.
iii)
Unless the location of a zone boundary is specified by
dimensions on the zoning map, a zone boundary which lies
within a lot shall be fixed by the scale of the Schedule upon
which it is shown.
iv)
A zone boundary shown following approximately a shoreline of a
river or the centreline of a creek, stream or channel is considered
to be the shoreline or centreline and moves with any natural
change in the shoreline.
v)
Where lands have not been identified as being in a zone on the
Schedules, they shall be deemed to be in the Open Space
Recreation (OSR) Zone.
2.5
COMPLIANCE WITH ZONING BY-LAW
i)
No person shall change the use of any building, structure or land,
or erect or use any building or structure or occupy any land or
building, except in accordance with the provisions of this By-
law.
ii)
Any use not specifically permitted by this By-law shall not be
permitted in the Town of Shelburne.
iii)
No person shall use any land or locate any building or structure
such that the uses, buildings or structures on other lands would
no longer comply with the provisions of this By-law.
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
5
2.6
HOLDING PROVISIONS
Where a zone symbol is followed by the letter "H" in parentheses for
example: "M2(H)", the lands shall only be used for existing uses and the
expansion of those uses as of the date of adoption of this By-law.
Council may pass a By-law pursuant to Section 36 of the Planning Act
to remove the Holding (H) symbol, thereby placing the lands in the zone
indicated by the zone symbol once the defined requirements have been
met which may include but are not limited to the following:
i)
the appropriate sanitary services and water supply have been
approved to service the land;
ii)
all conditions of consent or subdivision have been fulfilled;
iii)
where the lands are subject to site plan control under Section 41
of the Planning Act, a site plan agreement in accordance with the
provisions of the Planning Act has been registered on the title of
the lands; and,
iv)
the required permits from all other approval agencies have been
issued.
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
6
SECTION 3
GENERAL PROVISIONS
3.1
APPLICATION
The provisions of this section of the By-law shall apply to all lands
within the Town of Shelburne unless otherwise specified.
3.2
ACCESSORY BUILDINGS, STRUCTURES AND USES
3.2.1 Permitted Uses
Where this By-law provides that a lot may be used or a building or
structure may be erected or used for a purpose, that purpose shall
include any accessory building or structure or accessory use, provided
the principal building, principal structure or principal use is already in
existence on the lot. The following shall not be permitted as accessory
uses and/or accessory buildings:
i)
any occupation for gain or profit conducted within or accessory
to a dwelling unit or on such lot associated therewith, except as is
specifically permitted in accordance with this By-law; or
ii)
any building used for human habitation except in accordance
with this By-law, as is specifically permitted; or
iii)
a vehicle or trailer or shipping container or any portion thereof.
Legal non-conforming uses shall be permitted to have accessory uses,
buildings and structures in accordance with the provisions in this section
of the By-law and the provisions of the applicable zone.
3.2.2 Setback and Yard Requirements
Except as otherwise provided herein, in all zones any accessory building
or structure, which is detached from the principal building, shall be
erected in compliance with the yard and setback requirements of the
zone in which such building is located, and shall not be closer to the
front lot line or exterior side lot line than any principal building on the
lot.
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
7
3.2.3 Lot Coverage and Height
Unless otherwise specified in this By-law the total lot coverage of all
accessory buildings and structures, except swimming pools, detached
garages and decks shall be 5.0 per cent. The maximum height of any
accessory building or structure shall be 3.0 metres in residential zones.
Within a Commercial, Industrial or Institutional Zone the maximum lot
coverage of all accessory buildings and structures shall be 10 per cent.
The height of any accessory building or structure shall not exceed 5.0
metres.
The maximum height of goods and materials permitted in accessory
open storage areas shall not exceed 2.5 metres.
3.2.4 Accessory Building and Structure Encroachments
Notwithstanding the yard and setback provisions of this By-law to the
contrary, drop awnings, clothes poles, garden trellises, retaining walls
less than 1.0 metre above the average finished grade, fences, signs or
similar uses which comply with the By-laws of the Town, shall be
permitted in any required interior side or rear yard. Accessory buildings
and structures may encroach into the required yard in a zone as outlined
in Table 1 as follows.
Table 1
Permitted Structure or
Feature
Applicable
Required
Yard(s)
Required Setback or
Permitted
Encroachment
STRUCTURAL AND ORNAMENTAL FEATURES:
Bay windows
Front, rear and
exterior side
yards
May encroach 1.0 m into
the required yard for a
maximum width of 3.0 m
Canopies/Porticos
All yards
May encroach 1.5 m into
the required front, rear
and exterior side yards
Balconies/Steps/Fire
Escapes
Front, rear and
exterior side
yards only in
Residential
Zones, all yards
in all other zones
May encroach 1.5 m into
the required yard
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
8
Permitted Structure or
Feature
Applicable
Required
Yard(s)
Required Setback or
Permitted
Encroachment
Uncovered Patios
Rear and
exterior side
yards
No closer than 0.6 m
from the lot line
Uncovered Decks
(0.6 m or less in height
above finished grade)
Side or Rear
Yard
Required side yard
setback of the zone in
which the lot in located.
The setback shall not
apply where a side lot
line extends from a
common wall dividing
attached dwelling units.
No closer than 1.2 m
from the rear lot line.
Uncovered Decks
(greater than 0.6 m in
height above finished
grade)
Side Yard
Rear Yard
Required side yard
setback of the zone in
which the lot is located.
The setback shall not
apply where a side lot
line extends from a
common wall dividing
attached dwelling units.
May encroach 4.0 m into
the required rear yard.
Open Roofed Porches
not exceeding 4.5 m in
height
Front, rear and
exterior side
yards
May encroach 1.5 m into
the required yard
including eaves, cornices
and steps
Sills, cornices, parapets,
pilasters, or other similar
ornamental structures
Any Yard
May encroach 0.6 m into
the required yard
Eaves
Interior Side
Yard
No closer than 0.6 m to
the side lot line
Chimneys
Any Yard
May encroach 0.6 m into
the required yard for a
maximum of 2.0 m
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
9
Permitted Structure or
Feature
Applicable
Required
Yard(s)
Required Setback or
Permitted
Encroachment
Drop awnings, clothes
poles, flag poles, garden
trellises, retaining walls
less than 1.0 m in height,
fences or other similar
accessory structures
Permitted in any
required yard.
n/a
Gasoline Pump Islands,
canopy supports and kiosk
Any street or lot
line
Sight triangle
Required setback of 9.0
m from any street or lot
line
4.5 m
Wheelchair Ramps
Permitted in any
required yard.
n/a
ACCESSORY STRUCTURES:
Residential Accessory
Structures up to 3.0 m in
height
Rear or Side
Yard
No closer than 1.0 m
from rear or side lot line
Central Air Conditioning
Units in Residential Zones
Side
May encroach 1.0 m into
the required side yard.
Window-Mounted Air
Conditioning Units in
Residential Zones
Any Yards
May encroach 0.6 m into
the required yard
Central Air Conditioners
for Apartments
Roof Mounted
Only
n/a
Gate House within an
Employment Zone
Front or Side
Yard
No closer than 3.0 m
from a front or side lot
line.
ACCESSORY BUILDINGS:
Accessory Buildings other
than a detached private
garage
Interior Side
Yard, or Rear
Yard Exterior
Side Yard
No closer than 1.2 m
from interior side lot line.
No closer than
0.6 m to rear lot line.
Setback from
Main Building
No closer than 1.2 m to
the main building
Outdoor Furnace
Rear or Side
Yard
No closer than 15.0 m
from rear or side lot line
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
10
Swimming pools shall be constructed in accordance with the
requirements of the By-law for Accessory Buildings and Structures
except that no water circulating or pumping equipment shall be located
closer than 3.0 metres to any side or rear lot line.
3.2.5 Private Garages
Notwithstanding the provisions of this By-law to the contrary, a private
garage may be erected and used in a Residential Zone or accessory to a
residential use subject to the following:
i)
The maximum height shall be 4.6 metres;
ii)
The maximum coverage shall be 10 per cent of the lot area;
iii)
The minimum depth shall be 5.2 metres;
iv)
The maximum floor area shall be 75 square metres;
v)
The minimum floor area shall be 16.5 square metres;
vi)
The minimum setback from a lane, right-of-way or private road
shall be 1.2 metres;
vii)
The minimum setback from a public street shall be 6.0 metres;
viii)
Not more than one garage structure, attached or detached, shall
be permitted in a Residential Zone;
ix)
No part of a garage that is attached to a dwelling shall be closer
to the front lot line than the main building facade except where
the building has a covered porch the garage may extend 2.5
metres beyond the main building façade;
x)
No garage shall be closer than 1.2 metres from any side or rear
lot line, except where permitted otherwise by the regulations of
the zone;
xi)
All detached garages shall be located a minimum of 1.2 metres
from the main building on the same lot;
xii)
The provisions for the width of attached garages are outlined in
Table 2 below:
Table 2
Lot Width
Minimum
Garage
Width
Maximum
Garage Width
Special Provisions
Less than 9.0 m
3.0 m
3.0 m
9.0 m to less
than 11.0 m
3.0 m
The least
permissive of
4.3 m or 40% of
the lot frontage
11.0 m to less
3.0 m
50% of the lot
i) Lots with garages
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Lot Width
Minimum
Garage
Width
Maximum
Garage Width
Special Provisions
than 12.2 m
frontage
occupying 50% of the lot
frontage are restricted to
40% of all of the lots on any
street;
ii) On corner lots with double
car garages, a wraparound
porch shall be required flush
or projecting forward from
the face of the garage.
12.2 m or
greater
3.0 m
50% of the lot
frontage
3.2.6 Gate House in Industrial Zone
Notwithstanding the yard and setback provisions of this By-law, to the
contrary, in an Industrial, Institutional or Open Space Recreation Zone, a
gate house not exceeding 9 square metres in area shall be permitted in a
required front or side yard.
3.2.7 Outdoor Furnaces
Outdoor furnaces shall only be permitted on lots having a minimum area
of 1.0 hectare, and shall have a minimum stack height of 2.8 metres.
3.2.8 Wind Turbines
A single wind turbine accessory to a permitted use shall be permitted
provided that the height does not exceed 30 metres and the base of the
tower on which the turbine is located is setback 1.5 times the height of
the structure, including the blades of the turbine.
3.3
ACCESSORY DWELLING UNIT OR DWELLING IN A NON-
RESIDENTIAL BUILDING OR LOT
No accessory dwelling unit or accessory dwelling in a non-residential
building or lot may be constructed except in accordance with the
following provisions:
3.3.1 Setbacks and Yards
Minimum setbacks and yards shall be provided in accordance with the
minimum setback and yard requirements for the zone in which the non-
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residential building containing the dwelling unit is located or the non-
residential use is located.
3.3.2 Facilities to be Provided
The dwelling unit shall have separate bathroom and kitchen facilities and
a separate entrance from those of the non-residential uses. Separate
parking facilities shall be provided in accordance with Section 3.15 of
this By-law. It must be demonstrated that suitable sewage capacity has
been obtained for the accessory dwelling unit.
3.3.3 Location
i)
Notwithstanding the provisions of this By-law to the contrary, no
dwelling unit shall be located in a non-residential building for
industrial use or for a motor vehicle service station, motor
vehicle repair garage, motor vehicle body shop, small engine
service shop, or dry cleaning establishment.
ii)
In a Commercial Zone, no dwelling unit shall be located in a non-
residential building except on the second storey or in accordance
with Section 4.6.2 and Section 4.7.2 of this By-law.
3.4
DWELLINGS AND DWELLING UNITS
3.4.1 Location of Dwelling Units
i)
Location in Garage
No dwelling or dwelling unit shall in its entirety or part thereof be located
in a private garage, a motor vehicle service station, motor vehicle repair
garage, motor vehicle body shop, small engine service shop, dry cleaning
establishment or a building for industrial use.
ii)
Dwelling Unit Below Grade
No dwelling unit shall be located entirely in a cellar but may be located
in a basement of a single or semi-detached dwelling provided the
dwelling unit has:
a)
separate bathroom and kitchen facilities
b)
a separate parking space
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c)
met the requirements of the Ontario Building, Fire and
Electrical Safety Codes
Prior to an occupancy permit being issued, evidence satisfactory to the
Municipality must be shown indicating compliance with the Ontario Fire
Code, the Ontario Building Code, the Electrical Safety Code and the
provisions of this By-law.
3.4.2 Converted Dwelling Units
Prior to a building permit being issued for the conversion of a single or
semi-detached dwelling to 2 dwelling units, it must be demonstrated that
suitable sewage capacity has been obtained and the proposed dwelling
unit must have:
i)
separate bathroom and kitchen facilities
ii)
a separate parking space
iii)
met the requirements of the Ontario Building, Fire and Electrical
Safety Codes
Prior to an occupancy permit being issued, evidence satisfactory to the
Municipality must be shown indicating compliance with the Ontario Fire
Code, the Ontario Building Code, the Electrical Safety Code and the
provisions of this By-law.
3.4.3 Number of Dwelling Units on One Lot
Unless otherwise permitted in this By-law, no more than one dwelling
unit shall be permitted on any lot.
3.5
ACCESS ON IMPROVED PUBLIC STREET
i)
No person shall erect any building or structure in any zone after
the date of passing of this By-law, unless the lot upon which such
building or structure is to be erected has frontage upon an
improved public road that is maintained year round and such
building or structure complies with the setback provisions of this
By-law.
ii)
Clause (i) shall not apply to prevent the erection of a permitted
building or structure on a lot in a registered Plan of Subdivision
where a properly executed Subdivision Agreement has been
entered into with the Town, notwithstanding that the street or
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streets will not be assumed by the Town until the end of the
maintenance period, nor shall it apply to prevent the enlargement,
extension, renovation, reconstruction or other structural alteration
of an existing building or structure, which is located on a lot
which does not have frontage upon an improved public road,
provided the use of such building or structure does not change
and is permissible within the zone in which it is located.
iii)
Where lands form a lot, block or unit in an approved plan of
condominium, a roadway owned and maintained by a registered
condominium corporation shall be deemed to be an improved
public road for the purposes of this By-law.
3.6
PROVINCIAL HIGHWAYS
i)
The Corporation of the Town of Shelburne and the Ministry of
Transportation will work cooperatively with respect to the
planning of land development and associated access connections
within the Ministry of Transportation's permit control area
adjacent of all provincial highways, in order to protect the future
capacity and operation of the provincial highway network.
ii)
New entrances or the upgrading of entrances within the Ministry
of Transportation's permit control area of a provincial highway
shall be subject to the approval of the Ministry of Transportation.
This may well increase the access spacing requirements of the
Town.
iii)
Entrance, Sign, Encroachment, and Building and Land Use
Permits are required from the Ministry prior to any grading or
construction commencing within the Ministry of Transportation
permit control area. Developments which fall within the Ministry
of Transportation's permit control area are subject to Ministry of
Transportation policies and standards, and may increase the
requirements of the Town.
3.7
ESTABLISHED BUILDING LINE IN RESIDENTIAL ZONE
Notwithstanding any other provisions of this By-law to the contrary,
where a dwelling is to be erected in a Residential Zone between existing
dwellings on the same street, such dwelling shall be built with a front
yard and setback within 1.0 metre of the average yard of the adjacent
dwellings on the same side of the street provided that the dwelling to be
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erected is a minimum of 16.0 metres from the centreline of a public
street.
3.8
HEIGHT EXCEPTIONS
i)
Notwithstanding the height provisions of this By-law to the
contrary, nothing in this By-law shall apply to prevent the
erection, alteration, or use of a barn or silo, a church spire, a
belfry, a flag pole, a clock tower, a chimney, a water tank, a
communications tower or antenna, an air conditioner duct,
incidental equipment required for processing, external equipment
associated with internal equipment or machinery and conveying
equipment, which exceeds the maximum height requirements
provided the main or principal use is permitted within the zone in
which it is located and provided all other applicable provisions of
this By-law are complied with.
ii)
Decorative or architectural structures used to screen or cover
mechanical equipment shall be exempt from the height
requirements of this By-law.
iii)
Setbacks for all towers shall be 1.5 times the tower height.
3.9
HOME OCCUPATION
Where a home occupation is permitted the following provisions shall
apply:
i)
In addition to persons living on the premises not more than two
(2) employees shall be engaged in the business and working from
the dwelling. In the case of a dentist, doctor or other drugless
practitioner and/or health care provider there may be one
additional employee in a home occupation.
ii)
There shall be no display other than a non-illuminated sign
having a maximum surface area in accordance with the
Municipal Sign By-law.
iii)
There shall be no goods, wares, or merchandise offered for sale
or rent on the premises other than what is produced on the
premises.
iv)
There shall be no open storage of goods, materials, containers or
animal enclosures used in conjunction with the home occupation.
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v)
Not more than 25 percent of the gross floor area or 46 square
metres of the dwelling shall be used for the purposes of the home
occupation, and such home occupation shall be conducted
entirely within the dwelling. The area of the basement or
attached garage within the dwelling shall not be included in
gross floor area for the purposes of calculating the floor area
maximum for the home occupation.
vi)
There shall be no mechanical or other equipment used except that
which is customarily used in a dwelling for domestic or
household purposes or for use by a hairdresser or barber, dentist,
drugless practitioner, physician, or other professional person.
vii)
A home occupation shall not include a boarding, lodging or
rooming house, an eating establishment, or a facility offering
accommodation or meals.
viii)
A home occupation shall be secondary to the principal residence
and shall not change the residential character of the lot.
ix)
One home occupation only shall be permitted in conjunction with
a single detached dwelling.
x)
Parking for the home occupation shall be provided with a
minimum of three spaces in addition to the required parking for
the dwelling, except that a medical office will require a minimum
of six parking spaces. Parking spaces shall be located in the side
or rear yard only.
3.10
LOADING SPACE REQUIREMENTS
3.10.1 Loading Space
Loading spaces are required under this By-law, in accordance with the
Loading Space Requirement Table set forth herein, and the owner of
every commercial or industrial building or structure erected for any
purpose involving the receiving, shipping, loading or unloading shall
provide and maintain loading spaces on the lot accordingly. For the
purposes of this By-law, each loading space shall be 9.0 metres in
length, 3.5 metres in width and have a vertical clearance of at least 4.3
metres.
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3.10.2 Loading Space Requirement Table
Table 3
Gross Floor Area of Building
Loading Spaces Required
Less than 300 m2
None
300 m2 to 2300 m2 or less
1 space
Exceeding 2300 m2
2 spaces
3.10.3 Access
Access to loading spaces shall be by means of a driveway of at least
3.5 metres in width contained on the lot on which the spaces are located
and leading to an improved year round maintained public road.
3.10.4 Loading Space Surface
Loading spaces, and related driveways, aisles and turning areas shall be
surfaced with asphalt, concrete, brick or other similar material and shall
include provisions for drainage facilities. The use of similar materials
which provide for the infiltration of water into the ground is also
permitted. Nothing in this subsection shall apply to prevent the
replacement or re-location of an existing gravel loading space and
related driveways, aisles and turning areas in a permitted location on the
same lot.
3.10.5 Location
Required loading spaces shall not be located in the front yard.
3.10.6 Additions to or Change in Use of Existing Buildings
The loading space requirements referred to herein shall not apply to any
building in existence at the date of passing of this By-law so long as the
gross floor area, as it existed at such date, is not increased by more than
300 m2. If an addition is made to the building or structure which
increases the gross floor area or the use of the building changes, then
additional loading spaces shall be provided as required by this Section,
in accordance with the provisions of Section 3.10.2, the Loading Space
Requirement Table, for such addition.
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3.11
MULTIPLE ZONES ON ONE LOT
Where a lot is divided into more than one zone under the provisions of
this By-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. The lot area and lot frontage requirements of the most
restrictive zone on the lot shall be applied to the entire lot.
3.12
NON-CONFORMING USES
3.12.1 Continuation of Existing 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 By-
law if such existing lot, building or structure was lawfully used for such
purpose, prior to the effective date of this By-law and provided that the
lot, building or structure continues to be used for that purpose. Where
the use ceases to exist for a period of two years, the use will be deemed
to have been discontinued.
3.12.2 Permitted Exterior Extension, Alteration and Reconstruction
The exterior of any building or structure which was lawfully used prior
to the effective date of this By-law for a purpose not permissible within
the zone in which it is located, prior to the effective date of this By-law,
shall not be enlarged, extended more than 0.2 metre, reconstructed or
otherwise structurally altered, unless such building or structure is
thereafter to be used for a purpose permitted within such zone.
3.12.3 Permitted Interior Alteration
The interior of any building or structure which was lawfully used for a
purpose not permissible within the zone in which it is located prior to the
effective date of this By-law, may be reconstructed or structurally
altered, in order to render the building or structure more convenient for
the existing purpose for which it was lawfully used.
3.12.4 Restoration to a Safe Condition
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
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existing, lawful use of such existing building or structure unless these
changes are necessary to provide for flood proofing.
3.12.5 Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or
use of any building or structure, the plans for which have, prior to the
date of passing of this By-law, been approved by the Chief Building
Official, so long as the building or structure, when erected, is used and
continues to be used for the purpose for which it was erected.
3.13
NON-COMPLYING LOTS, BUILDINGS, STRUCTURES AND
USES
3.13.1 Permitted Buildings or Structures
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 and/or side yard and/or rear yard required by this By-law, the
said building or structure may be enlarged, reconstructed, repaired
and/or renovated provided that:
i)
the enlargement, reconstruction, repair and/or renovation does not
further reduce the existing front yard, and/or side yard and/or rear
yard and/or further increase the lot coverage;
ii)
the building or structure is being used for a purpose permissible
within the zone in which it is located; and,
iii)
all other applicable zone provisions of this By-law are complied
with.
3.13.2 Reconstruction of Existing Building
Nothing in this By-law shall apply to prevent the reconstruction of any
permitted building which is accidentally damaged or destroyed by
causes beyond the control of the owner or where the owner has obtained
a demolition permit from the Municipality. Such permitted building may
be reconstructed in accordance with the previously existing standards,
even if such building did not conform with one or more of the provisions
of this By-law provided that the reconstruction occurs within 24 months
of the damage being done, but the non-compliance may not be further
increased.
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3.13.3 Existing Undersized Lots of Record
i)
Where a lot, having a lesser lot area and/or lot frontage than
required herein, existed on the date of passing of this By-law, or
where such a lot is created by a public authority, such smaller lot
may be used and a permitted building or structure, may be
erected, altered and/or used on such smaller lot provided that all
other applicable zone provisions of this By-law are complied
with.
ii)
Lots which have been increased in size following passing of this
By-law may also be used in accordance with this provision.
3.14
NOXIOUS TRADE
Except as may otherwise be specifically permitted under this By-law, no
use shall be permitted which, from its nature or the materials used
therein, creates or is liable to create, by reason or destructive gas or
fumes, dust, objectionable odor, noise or vibration or unsightly storage
of goods, wares, merchandise, salvage, machinery parts, junk, waste or
other material, a condition which may become hazardous or injurious as
regards to health or safety or which prejudices the character of the
surrounding area or interferes with or may interfere with the normal
enjoyment of any use of activity in respect of any land, building or
structure.
3.15
PARKING AREA REGULATIONS
3.15.1 Parking Space Requirements
The owner of land, building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain parking spaces
for the sole use of the owner, occupant, or other persons entering upon
or making use of the said premises, from time to time.
Parking spaces are required under this By-law, in accordance with
Section 3.15.9, the Parking Space Requirement Table. Where the
calculation of required spaces exceeds a whole space by more than 0.25,
the required spaces shall be the next whole number.
3.15.2 Parking Area Surface
Non-Residential parking spaces, or parking areas associated with
development in the R5 Zone and driveways connecting the parking
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spaces or area with a street shall be maintained with a stable surface that
is treated so as to prevent the raising of dust. Such parking spaces or
areas shall, before being used, be constructed of asphalt, brick, concrete
or other similar material and shall include provisions for drainage
facilities. The use of similar materials which provide for the infiltration
of water into the ground is also permitted. Parking shall not be permitted
on non-surfaced areas in any Residential Zone. Nothing in this
subsection shall apply to prevent the replacement or re-location of an
existing gravel parking area in a permitted parking area location on the
same lot.
3.15.3 Ingress and Egress Provisions
i)
Ingress and egress to and from the required parking spaces and
areas shall be provided by means of unobstructed driveways or
passageways having a minimum and maximum width as follows:
a) The minimum driveway width shall be 3.5 metres;
b) In a Residential Zone and for a residential use in any
zone, the maximum driveway width shall be equal to the
garage width plus 0.5 metre or 40 per cent of the lot
width in the front yard or 3.5 metres, whichever is
greater, provided that no driveway shall exceed 9.0
metres in width.
c) The maximum width of any joint ingress and egress
driveway ramp measured along the street line shall be 9.0
metres.
ii)
The minimum distance between any two 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 7.5
metres. Nothing in this clause shall apply to prevent the location
of a driveway closer than 7.5 metres to an intersection of street
lines on a lot used for a permitted single detached, semi-detached
or street townhouse dwelling unit, provided that the driveway
complies with all other provisions of this subsection.
iii)
The minimum angle of intersection between a driveway and a
street line shall be 60 degrees.
iv)
Every lot shall be limited to the following number of driveways,
namely:
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a)
up to the first 15.0 metres of lot frontage, not more than
one driveway;
b)
greater than 15.0 metres of lot frontage but not more than
30.0 metres of frontage, not more than two driveways;
and,
c)
for each additional 100.0 metres of lot frontage, not more
than one additional driveway.
v)
Driveways in Residential Zones shall meet the minimum side
yard requirement in the zone within the required front yard.
vi)
The minimum length of a driveway shall be 6.0 metres from the
limit of a road allowance or common road.
3.15.4 Parking Space Requirements
i)
Parking spaces shall have a minimum width of 2.75 metres,
minimum depth of 5.5 metres and shall be located entirely within
the lot on which the parking is required.
ii)
Designated parking spaces shall have a minimum width of 4.5
metres, a minimum depth of 6.0 metres and a minimum area of 25
square metres and shall be located within 20.0 metres of the use
that is being served.
3.15.5 More Than One Use on a Lot
When a building or structure accommodates more than one type of use,
the parking space requirement for the whole building shall be the sum of
the requirements for the separate parts of the building occupied by the
separate types of use.
3.15.6 Parking Area Location on Lot
Notwithstanding the yard and setback provisions of this By-law to the
contrary, parking areas shall be permitted in the required yards or in the
area between the street line and the required setback except that:
i)
where a lot in an Industrial, Commercial, Institutional or Open
Space Recreation Zone contains a parking area that abuts a
public street or a Residential Zone a 3.0 metre planting strip shall
be provided in accordance with subsection 3.16;
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ii)
No parking area in any Residential Zone shall be situated, in
whole or in part, within those portions of any front yard or
exterior side yard that are located a lesser distance from their
respective front and side lot lines than the minimum distances for
front yards and exterior side yards respectively that are required
in the zone in which such parking is situate, or, except in the case
of a mutual driveway, or where the parking area is in a garage or
carport, within 0.5 metre of a side or rear lot line. No parking
area shall occupy more than 50 per cent of the area of the yard in
which it is situate.
3.15.7 Additions To, or Changes In, the Use of Existing Buildings and
Structures
The parking space requirements referred to herein shall not apply to any
building or structure lawfully in existence on the date of passage of this
By-law, so long as the gross floor area is not increased and the use or
number of dwelling units does not change. If any addition is made to a
building or structure which increases its gross floor area, then parking
spaces for the addition shall be provided as required by the Parking
Space Requirement Table. Where a change in use occurs, parking spaces
shall be provided for such new use in accordance with the requirements
of Section 3.15.9, the Parking Space Requirement Table.
Notwithstanding the above, within the Downtown Commercial (C1)
zone a change in use shall not require additional parking spaces to be
provided.
3.15.8 Use of Parking Spaces and Areas
Parking spaces and areas required in accordance with this By-law shall
be used for the parking of operative, currently licensed vehicles only and
for vehicles used in an operation incidental to the permitted uses in
respect of which such parking spaces and areas are required or
permitted.
Notwithstanding the foregoing, the owner or occupant of any lot,
building or structure in a Residential Zone may use the lot for the
parking of one commercial motor vehicle or one recreational vehicle
provided that the vehicle does not exceed a 4000 kilograms load capacity
or a 5.0 metre wheelbase.
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3.15.9 Parking Space Requirement Table
Table 4
Type of Nature of Use
Minimum Number of Off-Street
Parking Spaces
Single Detached Dwellings,
Townhouse Dwellings, Accessory
Dwelling Units, Converted Dwellings,
Semi-Detached Dwellings, Duplex and
Triplex Dwellings, Group Home Type
1 and Group Home Type 2
1 space for each dwelling unit
Rooming Units
1 space for each rooming unit
Apartment Dwelling Units and
Dwelling Units Over Commercial
Uses
1 spaces for each dwelling unit
Senior Citizens Homes
1 space for each 2 dwelling units
Hospital
1 space for each 4 beds
Homes for Long-Term Care and Rest
Homes
1 space for each 4 beds
Fire and Police Stations
1 space for each 30 m2 of GFA
Libraries and Community Centres
1 space for each 30 m2 of GFA
Museums and Art Galleries
1 space for each 40 m2 of GFA
Retail Stores, Personal Service Shops,
Service Shops and Repair Shops, and
Studios
1400m2 or less of GFA:
1 space for each 30 m2 of GFA
Greater than 1400 m2 of GFA:
1 space for each 20 m2 of GFA
Business Office, Professional Office or
Administrative Office
1 space for each 20 m2 of GFA
Financial Institutions
1 space for each 20 m2 of GFA
Restaurants
1 space for each 4 persons seating
capacity or 1 space for each 9 m2 of
GFA, whichever is greater
Drive-through and Take-out
Restaurants
6 spaces, plus 1 space for each 4
persons seating capacity or 1 space
for each 9 m2 of GFA, whichever is
greater
Shopping Centres
1 space for each 17 m2 of GFA
Gas Bars
1 space for each 15 m2 of GFA or 5
spaces, whichever is greater
Motor Vehicle Repair Garage
4 spaces for each service bay
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Type of Nature of Use
Minimum Number of Off-Street
Parking Spaces
Automotive Sales Establishment
3 spaces for each 100 m2 of GFA
Medical Offices and Clinics
5 spaces for each practitioner
Veterinary Clinics
1 space for each 30 m2 of GFA
Places of Worship, Recreational
Establishments, Auditoriums,
Stadiums, Arenas, Theatres, Cinemas,
Banquet Halls and Assembly Halls
1 space for each 5 seats or 3m of
bench space
Where there are no fixed seats, 1
space for each 10 m2 of GFA
devoted for public use.
Where there is a combination of
floor area containing fixed seating
and floor area devoted to public use
containing no fixed seating, 1 space
for each 10 m2 of GFA devoted to
public use.
Undertaking Establishments
10 spaces, plus 1 space for each 5
persons seating capacity for
attending services
High Schools
3 spaces for each classroom
Elementary Schools
1.5 spaces for each classroom
Fitness Centre
3.5 spaces for each 95 m2 of GFA
Bowling Alleys
2 spaces for each lane
Billiard Halls
1 space for each 20 m2 of GFA
Hotels and Motels
1 space for each guest room plus 1
space for each 10 m2 of GFA
devoted to public use such as dining
rooms, licensed beverage rooms,
banquet rooms and similar uses.
Miniature Golf Courses and Golf
Driving Ranges
1.5 spaces for each tee
Nursery Schools and Day Care
Centres
1.5 spaces for each employee
School, Commercial
5 spaces for each teaching
classroom plus 1 space for each 50
m2 of GFA not including places of
public assembly or auditoriums.
For public assembly or auditorium
areas, the standards as set out
elsewhere in this By-law shall
apply.
Food Stores
1 space for each 15 m2 of GFA
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Type of Nature of Use
Minimum Number of Off-Street
Parking Spaces
Manufacturing and Processing;
Manufacturing, Light and Industrial
Uses
3000 m2 or less of GFA:
1 space for each 50 m2 of GFA
Greater than 3000 m2 of GFA:
1 space for each 50 m2 of GFA for
the first 3000 m2 and 1 space for
each 100 m2 of GFA in excess of
3000 m2
For any office areas, the standards
as set out elsewhere in this By-law
shall apply.
Warehouses
2000 m2 or less of GFA:
1 space for each 90m2 of GFA
Greater than 2000 m2 of GFA:
1 space for each 150 m2 of GFA
For any office areas, the standards
as set out elsewhere in this By-law
shall apply.
All other commercial uses
1 space for each 28 m2 of GFA
Parking space requirements in the Downtown Commercial (C1) Zone
shall be reduced by one-half the requirement outlined in the Parking
Requirement Table where the owner or occupant of the use requiring the
parking spaces enters into an agreement with the Town to provide cash
in lieu of parking pursuant to Section 40 of the Planning Act.
3.15.10 Designated Parking Space Requirements
i)
Parking spaces reserved for the sole use of vehicles operated by
or carrying physically disabled persons (hereinafter call
"Designated Parking spaces") shall be provided in accordance
with Clauses (i) and (ii) of this Subsection. Each Designated
Parking Space shall be clearly demarcated as such, and shall
have a minimum with of 4.5 metres and a minimum length of 6.0
metres.
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Table 5
Number of Parking
Spaces Required
Minimum Number of
Designated Parking Spaces
1 to 19
Nil
20 to 99
1
100 to 199
2
200 to 299
3
For each additional
100 or part thereof
An additional 1 to
a maximum of 20
ii)
Notwithstanding the provisions of Clause (i) of this Subsection,
for hospitals, clinics, medical offices, and senior citizens homes,
designated parking spaces will be provided as follows:
Table 6
Number of Parking
Spaces Required
Minimum Number of
Designated Parking Spaces
1 to 30
1
31 to 60
2
61 to 100
3
For each additional
30 or part thereof
An additional 1 to
a maximum of 12
3.16
PLANTING STRIPS
3.16.1 Location
i)
Where a lot in an Institutional, Commercial, Industrial or Open
Space Recreation Zone abuts an interior side or rear lot line of a
lot in a Residential Zone, a 3.0 metre wide planting strip
adjoining such abutting lot line, or portion thereof, shall be
required.
ii)
Where a parking area is located adjacent to a public street or an
interior side or rear lot line of a lot in a Residential Zone, a 3.0
metre wide planting strip adjoining such street or lot line, or
portion thereof, shall be required.
iii)
Notwithstanding the requirements of clause (i) and clause (ii) of
this subsection to the contrary, where parking areas are
connected to parking areas on adjacent lots a planting strip is not
required.
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3.16.2 Contents
Such required planting strip shall be used for no other purposes than the
planting of a continuous, unpierced hedgerow of trees, evergreens or
shrubs or other natural vegetation, or solid fencing not less than 1.5
metre high, immediately adjacent to the lot line, or portion thereof,
where such planting strip is required. The remainder of the planting
strip shall be used for no other purpose than the planting of shrubs,
flowering shrubs, flower beds or a combination thereof.
3.16.3 Driveways and Walkways
In all cases where ingress and egress, driveways, launching ramps or
walkways extend through a required planting strip, it shall be
permissible to interrupt the planting strip within 3.0 metres of the edge
of such driveway or within 1.5 metres of the edge of such walkway.
3.16.4 Landscaped Open Space
A planting strip or buffer screen referred to in this Section may form a
part of any landscaped open space required by this By-law and may
form part of a required yard.
3.17
PUBLIC USES
3.17.1 Location Restrictions
Notwithstanding any other provision contained in this By-law to the
contrary, where a public use is specifically mentioned as a permitted use
within a specific zone classification, then such public use shall only be
permitted within that zone or zones and shall comply with the zone
provisions of the zone or zones in which the public use is permitted, save
and except that there shall be no minimum lot area or lot frontage
requirement.
3.17.2 Provisions
i)
No goods, materials or equipment shall be stored outside a
building or structure located on the lot, except as may otherwise
be permitted under this By-law and shall not be stored closer than
60.0 metres from a Residential Zone.
ii)
The zone provisions of the zone in which the use is located shall
be complied with except as otherwise provided in this By-law.
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iii)
The building or structure shall be designed and maintained in
general harmony with the uses permitted within the respective
zone.
3.17.3 Public Utilities
Except as provided in Section 3.17.2 hereof, 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 purposes of public utilities provided by
the Town, County, or any Public Authority including any Department or
Ministry of the Government of Canada or Ontario or any Conservation
Authority established by the Government of Ontario and, for the
purposes of this section, shall include any utility provider, telephone, or
cable company and any natural gas distribution system operated by a
Company distributing gas to the residents of the Town, which company
possesses all the necessary powers, rights, licenses and franchises. For
the purposes of this By-law, public utilities shall not include any facility
used for residential purposes.
3.17.4 Streets and Service Installations
Nothing in this By-law shall prevent land from being used as a street or
highway, or prevent the installation of a water main, sanitary sewer,
storm sewer, gas main, pipeline, overhead or underground hydro,
communication line or high voltage electrical facilities owned, operated
and maintained by Hydro One or a Public Utilities Commission or their
successors.
3.18
REDUCTION OF REQUIREMENTS
No person shall change the purpose for which any land, building or
structure is used or erect any building, structure, or addition to any
existing building or structure, or reduce the area of any lot, 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.
3.19
SERVICES REQUIRED
No person shall erect or use a building or structure for a residential use
on any lands unless approved sewage disposal and water supply services
are available to the lot.
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3.20
SIGHT TRIANGLES
On a corner lot fronting on two public roads, within the triangular space
formed by the street line and a line drawn from a point on one street line
to a point in the other limit of the road allowance, as shown on the Table
below, measured along the street line from the point of intersection of
the street lines, no motor vehicle, as defined in The Highway Traffic
Act, shall be parked, no building or structure which would obstruct the
vision of drivers of motor vehicles shall be erected, and no land shall be
used for the purposes of growing shrubs or trees in excess of 1.0 metre
in height. Such triangular space may hereinafter be referred to as a "sight
triangle". Where the two street lines do not intersect at a point, the point
of intersection of the street lines shall be deemed to be the intersection
of the projection of the street lines or the intersection of the tangents to
the street lines.
Table 7
Required Sight Triangles
Roads
Sight Triangle Distance
Local
6.0 m
County
9.0 m
Provincial Highways
9.0 m
3.21
SIGNS
The provisions of this By-law shall not apply to prevent the erection,
alteration or use of any sign provided such sign complies with the By-
laws of the Town and is accessory to the use of the land on which it is
located.
3.22
TEMPORARY CONSTRUCTION USES
A tool shed, construction trailer, scaffold or other building or structure
incidental to construction is permitted in all zones within the Town on
the lot 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 30
consecutive days and/or the failure to maintain a current building permit.
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3.23
SPECIAL SETBACKS
3.23.1 Street Centrelines
(i)
Where a lot abuts a road allowance less than 20.0 metres in
width, the minimum setback from the street line shall be 10.0
metres from the centreline of the street plus the required front
yard or exterior side yard within the zone, except where there is
an established building line as provided in Section 3.7 the
setback from the street centreline shall be not less than 16.0
metres of the street centreline.
(ii)
Where a lot abuts a County Road, the minimum setback shall be
15.0 metres from the centreline of the street plus the required
front yard or exterior side yard within the zone.
(iii)
Where a lot abuts a Provincial Highway, the minimum setback
shall be 14.0 metres from the street line.
3.23.2 Watercourses
All buildings or structures shall be setback a minimum of 30.0 metres
from the high water mark of any river, stream, creek or municipal drain
unless otherwise approved by the Conservation Authority.
3.23.3 Group Homes
A Group Home Type 1 or Group Home Type 2 shall not be located
within an 800 metre radius of the lot line of an existing Group Home
Type 1 or Group Home Type 2.
3.23.4 Minimum Distance Separation: Livestock Facilities
i)
Notwithstanding any other yard or setback provisions of this By-
law to the contrary, no residential, institutional, commercial,
industrial, or recreation use located on a separate lot and
otherwise permitted by this By-law, shall be established and no
building or structure for such use shall be erected or altered unless
it complies with the Minimum Distance Separation (MDS I)
calculated using Appendix "B" to this By-law and in accordance
with the MDS I Implementation Guidelines contained therein.
ii)
Notwithstanding any other yard or setback provisions of this By-
law to the contrary, no livestock facility or manure storage facility
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shall be erected or expanded unless it complies with the Minimum
Distance Separation Formula (MDS II) calculated using Appendix
"B" to this By-law and in accordance with the MDS II
Implementation Guidelines contained therein.
iii)
Notwithstanding the above noted provisions, where an existing
use that was in compliance with the MDS provisions is changed,
the new use shall also be subject to MDS I or MDS II provisions,
whichever is applicable. For the purposes of this subsection, a
change in the type of livestock use housed is considered to be a
change of use.
3.23.5 Natural Environment Zones
The Nottawasaga Valley Conservation Authority has completed
mapping of the areas affected by Ontario Regulation 172/06 -
Development Interference with Wetlands and Alterations to Shorelines
and Watercourses. Any area adjacent to or within 50 metres of a Natural
Environmental Zone may be subject to the setbacks and restrictions
associated with Ontario Regulation 172/06 and as such any development
adjacent to or within 50 metres of the Natural Environment Zone should
be reviewed by the Nottawasaga Valley Conservation Authority to
confirm the required setbacks.
3.24
THROUGH LOTS
Where a lot, which is not a corner lot, has lot frontage on more than one
street, the setback and front yard requirements contained herein shall
apply on each street in accordance with the provisions of the zone or
zones in which such lot is located.
3.25
RECREATIONAL VEHICLES, TRAILERS AND CAMPERS
3.25.1 Parking and Storage
The parking and storing of recreational vehicles, trailers, mobile homes,
travel or tent trailers shall be prohibited in all Residential Zones except
that one recreational vehicle, trailer, mobile home or travel or tent
trailer may be stored on the occupant's lot, where a dwelling is in
existence on the same lot, in the rear or interior side yard, provided that
it meets the setbacks for an accessory building within the limits of the
lot, or in the driveway in the front yard, provided that the recreational
vehicle, trailer, mobile home, travel or tent trailer is set back a
minimum of 0.6 metre from the front lot line. The parking and storing of
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a recreational vehicle, trailer, mobile home, travel or tent trailer shall
only be permitted on the driveway in the front yard between May 1st and
October 31st and the required parking spaces for the main use shall be
maintained in accordance with this By-law.
3.25.2 Use
i)
The use of trailers, travel trailers, recreational vehicles, truck
campers, and camper trailers for commercial purposes or
habitation shall be prohibited in all zones except in areas where
such use is expressly permitted by this By-law.
ii)
No other form of trailer or vehicle shall be used for human
habitation unless expressly permitted by this By-law.
3.26
WELLHEAD PROTECTION AREAS
Notwithstanding the uses permitted by this By-law to the contrary,
within the areas identified as Wellhead Protection Areas on Schedule B
to this By-law the following uses are specifically prohibited in the area
shown as the two year time of travel:
- bulk fuel depot;
- storage or manufacture of solvents;
- storage or manufacture of pesticides, herbicides or fungicides;
- storage of construction or agricultural equipment;
- storage of animal manure and organic fertilizers;
-
storage of road salt or identified environmental contaminants;
- waste disposal areas and facilities;
- organic soil conditioning sites;
- snow storage and disposal facilities; and,
-
intensive agriculture.
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SECTION 4
ZONE PROVISIONS
4.1
RESIDENTIAL TYPE ONE (R1) ZONE
No person shall within any Residential Type One (R1) Zone, use any
land or erect, alter or use any building or structure except in accordance
with the following:
4.1.1 Permitted Uses
i)
Single Detached Dwelling
ii)
Converted Dwelling
iii)
Home Occupation
iv)
Open Space
v)
Park, Public
4.1.2 Regulations for Permitted Uses
i)
Minimum Lot Area
1900 sq m
ii)
Minimum Lot Frontage
30.0 m
a) Corner Lot
30.0 m
iii)
Minimum Front Yard
9.0 m
iv)
Minimum Exterior Side Yard
4.5 m
v)
Minimum Interior Side Yard
3.0 m
vi)
Minimum Rear Yard
7.5 m
vii)
Maximum Setback from Street Centreline
17.5 m
viii)
Maximum Lot Coverage
30%
ix)
Maximum Building Height
9.2 m
4.1.3 Exceptions
4.1.3.1 Residential Type One Exception One (R1-1) Zone
Notwithstanding the regulations in subsection 4.1.2, on the lands zoned
R1-1, the following provisions shall apply:
i)
Minimum Lot Area
900 sq m
ii)
Minimum Lot Frontage
18.3 m
a) Corner Lot
20 m
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iii)
Minimum Front Yard
7.6 m
iv)
Minimum Exterior Side Yard
4.5 m
v)
Minimum Interior Side Yard
1.5 m
vi)
Minimum Rear Yard
7.5 m
vii)
Maximum Setback from Street Centreline
17.5 m
viii)
Maximum Lot Coverage
33%
ix)
Maximum Building Height
9.2 m
4.1.3.2 Residential Type One Exception Two (R1-2) Zone
Notwithstanding the permitted uses and regulations in subsections 4.1.1
and 4.1.2, on the lands zoned R1-2, the following special provisions
shall apply:
i)
the lands shall only be used for the protection and natural
regeneration of the existing woodlot, including trees and
vegetation, together with the planting of trees and vegetation
intended to ensure the retention of the existing woodlot;
ii)
no buildings and/or structures, swimming pools, or any like
recreational or other facilities shall be permitted;
iii)
no open storage or equipment and/or materials shall be
permitted; and,
iv)
fencing shall only be permitted along the northerly lot lines and
the most westerly and most easterly side lot lines of the lands.
4.1.3.3 Residential Type One Exception Three (R1-3) Zone
Notwithstanding the regulations in subsection 4.1.2, on the lands zoned
R1-3, the following special provisions shall apply:
i)
Minimum Lot Area
700 m2
ii)
Minimum Lot Frontage
21.0 m
iii)
Minimum Front Yard
a) Dwelling
4.5 m
b) Private Garage
6.0 m
iv)
Minimum Interior Side Yard
1.2 m
v)
Maximum Lot Coverage
40%
vi)
Maximum Building Height
9.2 metres
from lowest
grade elevation
vii)
Minimum Landscaped Open Space
35%
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viii)
Parking Space Requirements
a) Notwithstanding the provisions of s. 3.15.9 of this By-law to
the contrary, the minimum number of off-street parking
spaces required for a single detached dwelling on land zoned
R1-3 shall be 2 spaces per dwelling unit
b) All parking spaces shall be located in accordance with
subsection 3.15.6 (ii) of this By-law
ix)
Private Garages
Notwithstanding the provisions of subsection 3.2.5 (vii), (ix) and
(xii) of this By-law to the contrary,
a) No part of a private garage shall be located closer to the front
lot line than the main building façade, except:
(1) Where the building has a covered porch and the attached
private garage has a second storey of habitable living
space above it, the attached private garage may extend to
the front limit of the covered porch or 2.5 metres in front
of the main building façade, whichever is less, provided
that nothing in this clause shall permit a private garage to
be located closer than 6.0 metres to the front lot line. For
the purposes of this clause, a front porch shall be
attached to the front wall of the dwelling, covered only
by a roof, have a minimum depth of 1.5 metres and a
minimum width of 30% of the width of the dwelling
(including the garage).
(2) Where the front of the private garage is oriented at a
minimum angle of 45 degrees to the front lot line, the
garage may encroach up to 1.5 metres into the required
front yard.
b) The maximum garage width shall be the lesser of 50% of the
main building width measured along the front wall of the
dwelling or 9.2 metres, except:
(1) Where a detached private garage is located in the rear
yard, the maximum width shall be 10.5 metres;
(2) Where a private garage is located in a front yard or side
yard at a minimum angle of 45 degrees to the front lot
line, the maximum garage width shall be 10.5 metres.
c) The interior space of a garage shall have a minimum
rectangular area of 2.75 metres by 5.5 metres with no more
than one step encroachment.
d) The garage door height shall not exceed 2.6 metres.
.
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4.2
RESIDENTIAL TYPE TWO (R2) ZONE
No person shall within any Residential Type Two (R2) Zone, use any
land or erect, alter or use any building or structure except in accordance
with the following:
4.2.1 Permitted Uses
i)
Single Detached Dwelling
ii)
Semi-Detached Dwelling
iii)
Converted Dwelling
iv)
Home Occupation
v)
Open Space
vi)
Park, Public
4.2.2 Regulations for Permitted Uses
RESIDENTIAL USE
ZONE REGULATIONS
Single Detached
Dwellings / Converted
Dwellings / Other Uses
Permitted in the R2 Zone
Semi-Detached Dwelling
Minimum Lot Area
464.0 m2
280.0 m2
Minimum Lot Frontage
Interior Lot
15.0 m
9.0 m
Corner Lot
17.0 m
12.0 m
Minimum Front Yard
6.0 m
6.0 m
Minimum Exterior Side Yard
4.5 m
4.5 m
Minimum Interior Side Yard
1.2 m
1.2 m
With attached wall
Not Applicable
Nil
Minimum Rear Yard
7.5 m
7.5 m
Maximum Setback from Street
Centreline
20.0 m
20.0 m
Maximum Lot Coverage
35 %
35%
Maximum Building Height
9.2 m
9.2 m
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4.2.3 Exceptions
4.2.3.1 Residential Type Two Exception One (R2-1) Zone
Notwithstanding the permitted uses and regulations in subsection 4.2.1
and 4.2.2, on the lands zoned R2-1, the following special provisions shall
apply:
i)
A small animal veterinary clinic shall be permitted within a single
detached dwelling.
ii)
Required parking areas and spaces shall be in accordance with
Section 3.15 and parking spaces shall be provided at the rate of 1
space for every 30 m2 of gross floor area of the dwelling used for a
small animal veterinary clinic. A 3.0 m wide planting strip shall be
provided and maintained between the required parking area and
the westerly interior side lot line.
All other Regulations for Permitted Uses in the R2 Zone shall
apply in accordance with subsection 4.2.2.
4.2.3.2 Residential Type Two Exception Two (R2-2) Zone
(Reserved)
4.2.3.3 Residential Type Two Exception Three (R2-3) Zone
Notwithstanding the permitted uses and regulations of subsections 3.4.2,
4.2.1 and 5.68 of this By-law, on the lands zoned R2-3, the following
special provisions shall apply:
i)
The permitted uses shall include a converted dwelling with a
maximum of three (3) dwelling units, subject to all other applicable
regulations of this By-law.
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4.3
RESIDENTIAL TYPE THREE (R3) ZONE
No person shall within any Residential Type Three (R3) Zone, use any
land or erect, alter or use any building or structure except in accordance
with the following:
4.3.1 Permitted Uses
i)
Single detached dwelling
ii)
Converted Dwelling
iii)
Semi-Detached Dwelling
iv)
Home Occupation
v)
Open Space
vi)
Park, Public
4.3.2 Regulations for Permitted Uses
RESIDENTIAL USE
ZONE REGULATIONS
Single Detached Dwelling
/ Other Uses Permitted in
the R3 Zone
Semi-Detached Dwelling
Minimum Lot Area
400.0 m2
270.0 m2
Minimum Lot Frontage
Interior Lot
12.2 m
9.0 m
Corner Lot
12.5 m
11.0 m
Minimum Front Yard
6.0 m
6.0 m
Minimum Exterior Side Yard
4.5 m
3.0 m
Minimum Interior Side Yard
1.2 m
1.2 m on one side;
0.6 m on the other
With attached wall
Not Applicable
Nil
Minimum Rear Yard
7.5 m
7.5 m
Maximum Setback from Street
Centreline
16.0 m
16.0 m
Maximum Lot Coverage
45 %
45 %
Maximum Building Height
9.2 m
9.2 m
4.3.3 Exceptions
4.3.3.1 Residential Type Three Exception One (R3-1) Zone
Notwithstanding the regulations in subsection 4.3.2, on the lands zoned
R3-1 the following special provisions shall apply:
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i)
Minimum Lot Area
388 m2
ii)
Minimum Lot Frontage (interior lots)
11.6 m
iii)
Minimum Exterior Side Yard
3.0 m
iv)
Minimum Interior Side Yard
0.6 m on one side,
1.2 m on the other side
4.3.3.2 Residential Type Three Exception Two (R3-2) Zone
Notwithstanding the regulations in subsection 4.3.2, on the lands zoned
R3-2, the following special provisions shall apply:
i)
Minimum Front Yard
a) Dwelling
4.5 m
b) Private Garage
6.0 m
ii)
Minimum Rear Yard
a) Interior Lot
7.5 m
b) Corner Lot
4.5 m
iii)
Private Garages
Notwithstanding the provisions of subsection 3.2.5 (vii), (ix) and
(xii) of this By-law to the contrary,
a) No part of a private garage shall be located closer to the front
lot line than the main building façade, except where the
building has a covered porch and the attached private garage
has a second storey of habitable living space above it, the
attached private garage may extend to the front limit of the
covered porch or 2.5 metres in front of the main building
façade, whichever is less, provided that nothing in this clause
shall permit a private garage to be located closer than 6.0
metres to the front lot line. For the purposes of this clause, a
front porch shall be attached to the front wall of the dwelling,
covered only by a roof, have a minimum depth of 1.5 metres
and a minimum width of 30% of the width of the dwelling
(including the garage).
b) The maximum garage width shall be 50% of the main
building width measured along the front wall of the dwelling
or 6.5 metres, whichever is less.
c) The interior space of a garage shall have a minimum
rectangular area of 2.75 metres by 5.5 metres with no more
than one step encroachment.
d) The garage door height shall not exceed 2.6 metres.
iv)
Corner Lots
Notwithstanding the provisions of subsection 3.2.5 (xii) of this
By-law to the contrary, on corner lots within the R3-2 Zone, a
wraparound porch shall be provided extending from the front to
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the exterior side of the dwelling for at least 30% of the width of
the dwelling measured along the front wall and 20% of the length
of the dwelling measured along the exterior side wall.
4.3.3.3 Residential Type Three Exception Three (R3-3) Zone
Notwithstanding the regulations in subsection 4.3.2, on the lands zoned
R3-3, the following special provisions shall apply:
i)
Minimum Lot Area
300 m2
ii)
Minimum Lot Frontage
11.0 m
iii)
Minimum Front Yard
a) Dwelling
4.5 m
b) Private Garage
6.0 m
iv)
Minimum Interior Side Yard
1.2 m on one side,
0.6 m for an attached private
garage
provided
that
the
adjoining side yard on the
adjacent lot is no less than 1.2 m
v)
Minimum Rear Yard
a) Interior Lot
7.5 m
b) Corner Lot
4.5 m
vi)
Private Garages
Notwithstanding the provisions of subsection 3.2.5 (vii), (ix) and
(xii) of this By-law to the contrary,
a) No part of a private garage shall be located closer to the front
lot line than the main building façade.
b) The maximum garage width shall be 50% of the main
building width measured along the front wall of the dwelling
or 6.5 metres, whichever is less, provided that lots with
garages having a width of 50% of the building width shall be
limited to 40% of all the lots on any street.
c) The interior space of a garage shall have a minimum
rectangular area of 2.75 metres by 5.5 metres with no more
than one step encroachment.
d) The garage door height shall not exceed 2.6 metres.
vii)
Corner Lots
Notwithstanding the provisions of subsection 3.2.5 (xii) of this
By-law to the contrary, on corner lots within the R3-3 Zone, a
wraparound porch shall be provided extending from the front to
the exterior side of the dwelling for at least 30% of the width of
the dwelling measured along the front wall and 20% of the length
of the dwelling measured along the exterior side wall.
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4.4
RESIDENTIAL TYPE FOUR (R4)
No person shall within any Residential Type Four (R4) Zone, use any
land or erect, alter or use any building or structure except in accordance
with the following:
4.4.1 Permitted Uses
i)
Single detached dwelling
ii)
Converted Dwelling
iii)
Semi-Detached Dwelling
iv)
Home Occupation
v)
Open Space
vi)
Park, Public
4.4.2 Regulations for Permitted Uses
RESIDENTIAL USE
ZONE REGULATIONS
Single Detached
Dwelling/other Uses
Permitted in the R4 Zone
Semi-Detached Dwelling
Minimum Lot Area
300.0 m2
270.0 m2
Minimum Lot Frontage
Interior Lot
9.75 m
9.0 m
Corner Lot
11.0 m
11.0 m
Minimum Front Yard
6.0 m
6.0 m
Minimum Exterior Side Yard
3.0 m
3.0 m
Minimum Interior Side Yard
1.2 m on one side;
0.6 m on the other
1.2 m on one side;
0.6 m on the other
With attached wall
Not Applicable
Nil
Minimum Rear Yard
7.5 m
7.5 m
Maximum Setback from Street
Centreline
16.0 m
16.0 m
Maximum Lot Coverage
45%
45 %
Maximum Building Height
9.2 m
9.2 m
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
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4.4.3 Exceptions
4.4.3.1 Residential Type Four Exception One (R4-1) Zone
Notwithstanding the regulations in subsection 4.4.2, on the lands zoned
R4-1 the following special provisions shall apply:
i)
Minimum Rear Yard: Notwithstanding the minimum rear yard
setback of 7.5 metres, no buildings or structures including
swimming pools shall be permitted within 5 metres of the rear lot
line with the exception of fencing. The rear 5 metres shall be
maintained as a natural protection area and for conservation uses
only.
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
44
4.5
RESIDENTIAL TYPE FIVE (R5) ZONE
No person shall within any Residential Type Five (R5) Zone, use any
land or erect, alter or use any building or structure except in accordance
with the following:
4.5.1 Permitted Uses
i)
Apartment Building
ii)
Converted Dwelling
iii)
Duplex Dwelling
iv)
Triplex Dwelling
v)
Fourplex Dwelling
vi)
Townhouse Dwelling
vii)
Street Townhouse Development
viii)
Home for Long-Term Care
ix)
Retirement Home
x)
Special Needs Housing Facility
4.5.2 Regulations for Permitted Uses
RESIDENTIAL USE
ZONE REGULATIONS
Converted and Duplex
Dwellings
Triplex and Fourplex
Dwellings
Minimum Lot Area
464.0 m2
668.0 m2
Minimum Lot Frontage
Interior Lot
15.0 m
18.0 m
Corner Lot
17.0 m
18.0 m
Minimum Front Yard
6.0 m
6.0 m
Minimum Exterior Side Yard
4.5 m
4.5 m
Minimum Interior Side Yard
1.5 m
1.5 m
Minimum Rear Yard
7.5 m
7.5 m
Maximum Setback from Street
Centreline
16.0 m
16.0 m
Maximum Lot Coverage
45%
45%
Maximum Building Height
9.2 m
9.2 m
Minimum Landscaped Open
Space
25%
25%
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
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ZONE REGULATIONS
Townhouse Dwellings and
Street Townhouses
Other Uses Permitted
in the R5 Zone
Minimum Lot Area per dwelling
185 m2
210.0 m2
Minimum Lot Frontage
Interior Lot
6.0 m
30.0 m
Corner Lot
8.0 m
32.0 m
Minimum Front Yard
6.0 m
7.5 m
Minimum Exterior Side Yard
4.5 m
6.0 m
Minimum Interior Side Yard
1.2 m
7.5 m or ½ the height of
the building, whichever is
greater
Minimum Rear Yard
7.5 m
7.5 m or ½ the height of
the building, whichever is
greater
Maximum Setback from Street
Centreline
16.0 m
16.0 m
Maximum Lot Coverage
45%
45%
Maximum Building Height
12.0 m
12.0 m
Minimum Landscaped Open
Space
25%
25%
Maximum Number of
Connected Townhouse
Dwellings or Street Townhouses
6 Units
6 Units
Minimum Distance Between
Two (2) Groups of Townhouse
Dwellings or Street Townhouses
2.0 m
2.0 m
4.5.3 Exceptions
4.5.3.1.1 On lands zoned R5-1 no person shall use any land or erect, alter or use
any building or structure for any purpose except in accordance with
the provisions of subsection 4.5.2, with the following exceptions:
i)
Minimum Front Yard
a) Dwelling
4.5 m
b) Private Garage
6.0 m
ii) Minimum Exterior Side Yard
3.0 m
iii) Private Garages
Notwithstanding the provisions of subsection 3.2.5 (vii), (ix) and
(xii) of this By-law to the contrary,
a)
No part of a private garage shall be located closer to the front
lot line than the main building façade, except where the
building has a covered porch and the attached private garage
Town of Shelburne
Zoning By-law
May 28, 2012
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46
has a second storey of habitable living space above it, the
attached private garage may extend to the front limit of the
covered porch or 2.5 metres in front of the main building
façade, whichever is less, provided that nothing in this clause
shall permit a private garage to be located closer than 6.0
metres to the front lot line. For the purposes of this clause, a
front porch shall be attached to the front wall of the dwelling,
covered only by a roof, have a minimum depth of 1.5 metres
and a minimum width of 30% of the width of the dwelling
(including the garage).
b)
The maximum width of a private garage shall be the lesser of
50% of the main building width measured along the front
wall of the dwelling or 9.2 metres.
c)
The interior space of a garage shall have a minimum
rectangular area of 2.75 metres by 5.5 metres with no more
than one step encroachment.
d)
The garage door height shall not exceed 2.6 metres."
iv) Corner Lots
Notwithstanding the provisions of subsection 3.2.5 (xii) of this By-
law to the contrary,
a)
On corner lots within the R5-1 Zone, a wraparound porch
shall be provided extending from the front to the exterior side
of the dwelling for at least 30% of the width of the dwelling
measured along the front wall and 20% of the length of the
dwelling measured along the exterior side wall.
4.5.3.2
Residential Type Five Exception Two (R5-2) Zone
4.5.3.2.1 On lands zoned R5-2 no person shall use any land or erect, alter or use
any building or structure for any purpose except in accordance with
the provisions of subsection 4.5.2 and 4.5.3.1.1, with the following
exceptions:
i) Minimum Rear Yard
7.0 m
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
47
4.6
DOWNTOWN COMMERCIAL (C1) ZONE
No person shall within any Downtown Commercial (C1) Zone, use any
land or erect, alter or use any building or structure except in accordance
with the following:
4.6.1 Permitted Uses
i)
Antique Store
ii)
Art Gallery
iii)
Assembly Hall
iv)
Bakery
v)
Banquet Hall
vi)
Business Office, Professional Office or Administrative Office
vii)
Clinic
viii)
Club, Non-profit
ix)
Commercial Fitness Centre
x)
Convenience Store
xi)
Dry Cleaner's Distribution Station or Depot
xii)
Dry Cleaning Establishment
xiii)
Dwelling Units within a building containing a permitted non-
residential use
xiv)
Farmers' Market
xv)
Financial Institution
xvi)
Florist
xvii)
Food Store
xviii)
Hotel
xix)
Laundromat
xx)
Library
xxi)
Medical Office
xxii)
Outdoor Patio
xxiii)
Park, Public
xxiv)
Parking Lot
xxv)
Personal Service Shop
xxvi)
Pharmacy
xxvii) Place of Amusement
xxviii) Place of Entertainment
xxix)
Post Office
xxx)
Printing Establishment
xxxi)
Public Use
xxxii) Recreational Establishment
xxxiii) Rental Store
xxxiv) Repair Shop
xxxv) Residential use within a building containing a permitted non-
Town of Shelburne
Zoning By-law
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48
residential use
xxxvi) Restaurant
xxxvii) Restaurant, Take-out
xxxviii) Retail Store
xxxix) School, Commercial
xl)
Service Shop, Light
xli)
Tavern
xlii)
Taxi Establishment
xliii)
Theatre
xliv)
Tourism Information Centre
xlv)
Video Sales or Rental Outlet
4.6.2 Regulations for Permitted Uses
i)
Minimum Lot Area
Nil
ii)
Minimum Lot Frontage
Nil
iii)
Minimum Front Yard
Nil
iv)
Minimum Exterior Side Yard
Nil
v)
Minimum Interior Side Yard
Nil
- abutting a Residential Zone or use
2.0 m
vi)
Minimum Rear Yard
Nil
- abutting a Residential Zone or use
4.5 m
- abutting a public lane
2.5 m
vii)
Maximum Setback from Street Centreline
10.0 m
viii)
Maximum Lot Coverage
75%
ix)
Maximum Building Height
12.0 m
x)
No parking is permitted in the front yard.
xi)
Dwelling units may be permitted in a portion of a non-residential
building where such use is permitted within the Downtown
Commercial (C1) Zone provided that the dwelling units are
located on or above the second storey and that all other
requirements of the zone are met.
xii)
No lands or structure used for the storage of waste shall be
located in any yard.
xiii)
Where the lot is a corner lot no accessory building is permitted.
4.6.3 Exceptions
4.6.3.1 Downtown Commercial Exception One (C1-1) Zone
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
49
4.7
MIXED-USE COMMERCIAL (C2) ZONE
No person shall within any Mixed-Use Commercial (C2) Zone, use any
land or erect, alter or use any building or structure except in accordance
with the following:
4.7.1 Permitted Uses
i)
Antique Store
ii)
Art Gallery
iii)
Assembly Hall
iv)
Bakery
v)
Banquet Hall
vi)
Business Office, Professional Office or Administrative Office
vii)
Clinic
viii)
Club, Non-profit
ix)
Commercial Fitness Centre
x)
Convenience Store
xi)
Converted Dwelling
xii)
Day Care Centre
xiii)
Dry Cleaner's Distribution Station or Depot
xiv)
Dry Cleaning Establishment
xv)
Dwelling Units within a building containing a permitted non-
residential use
xvi)
Financial Institution
xvii)
Florist
xviii) Food Store
xix)
Funeral Home
xx)
Laundromat
xxi)
Library
xxii)
Medical Office
xxiii) Outdoor Patio
xxiv) Park, Public
xxv)
Parking Lot
xxvi) Personal Service Shop
xxvii) Pharmacy
xxviii) Post Office
xxix) Printing Establishment
xxx)
Public Use
xxxi) Recreational Establishment
xxxii) Rental Store
xxxiii) Repair Shop
xxxiv) Residential use within a building containing a permitted non-
residential use
Town of Shelburne
Zoning By-law
May 28, 2012
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xxxv) Restaurant
xxxvi) Restaurant Take-Out
xxxvii) Retail Store
xxxviii) School, Commercial
xxxix) Service Shop, Light
xl)
Semi-Detached Dwelling
xli)
Single Detached Dwelling
xlii)
Shopping Centre
xliii) Video Sales or Rental Outlet
4.7.2 Regulations for Permitted Uses
i)
Minimum Lot Area
464.0 m2
ii)
Minimum Lot Frontage
15.0 m
a) Corner Lot
17.0 m
iii)
Minimum Front Yard
6.0 m
iv)
Minimum Exterior Side Yard
4.5 m
v)
Minimum Interior Side Yard
1.2 m
- with attached wall
Nil
vi)
Minimum Rear Yard
7.5 m
vii)
Maximum Lot Coverage
45%
viii)
Maximum Building Height
12.0 m
ix)
Notwithstanding the regulations of Section 4.6.2 of this by-law to
the contrary, Single Detached, Semi-Detached and Converted
Dwellings shall be in accordance with the regulations of Section
4.2.2 of this by-law.
4.7.3 Exceptions
4.7.3.1 Mixed-Use Commercial Exception One (C2-1) Zone
Notwithstanding the permitted uses and regulations in subsections 4.7.1
and 4.7.2, on the lands zoned C2-1, the following special provisions
shall apply:
i)
In addition to the uses permitted in subsection 4.7.1, permitted
uses shall include those permitted in subsection 4.13.1 in the
Institutional Zone which shall be subject to the regulations of
subsection 4.13.2.
ii)
The following regulations shall apply to a Post Office or other
government office or any Public Use permitted in accordance
with subsection 4.7.1:
a) Minimum Front Yard
1.7 metres
b) Minimum Exterior Side Yard
1.6 metres
Town of Shelburne
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All other Regulations for Permitted Uses shall apply in
accordance with subsection 4.7.2.
iii)
Notwithstanding the requirements of subsection 3.16.1 and 3.20
to the contrary, no planting strip shall be required between the
parking area and William Street and the requirements of
subsection 3.20 for a sight triangle shall not apply to prevent the
use of the lands for a Post Office or other government office or
any Public Use permitted in accordance with subsection 4.7.1.
All other General Provisions shall apply in accordance with the
regulations in Section 3.
4.7.3.2 Mixed-Use Commercial Exception Two (C2-2) Zone
Notwithstanding the permitted uses and regulations in subsection 4.7.1
and 4.7.2, on the lands zoned C2-2, the following special provisions
shall apply:
i)
In addition to the uses permitted in subsection 4.7.1, permitted
uses shall include a small animal veterinary clinic.
ii)
Notwithstanding the requirements of subsection 3.15.6 (i) and
3.16.1 to the contrary, the required planting strips shall consist of
a minimum of 122 square metres of landscaped open space along
the interior side lot lines and adjacent to the driveway entrance,
and solid fencing no less than 1.5 m high along the easterly
interior side lot line, to be located and maintained in accordance
with an approved site plan.
iii)
Notwithstanding the requirements of subsection 3.15.3 (i) to the
contrary, the minimum width of the driving aisle providing
access to the parking spaces located in the front yard shall be 3.0
metres in each direction, for a total driveway width of 6.0 metres.
All other Regulations for Permitted Uses in the C2 Zone shall
apply in accordance with subsection 4.7.2.
4.7.3.3 Mixed-Use Commercial Exception Three (C2-3) Zone
Notwithstanding the regulations in subsection 4.7.2, on the lands zoned
C2-3, the following special provisions shall apply:
i)
Minimum Exterior Side Yard, existing buildings
existing
ii)
Minimum Exterior Side Yard, new buildings/additions
6.3 m
iii)
Minimum Interior Side Yard
0.9 m
iv)
Minimum Rear Yard
5.4 m
Town of Shelburne
Zoning By-law
May 28, 2012
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v)
Notwithstanding the requirements of subsection 3.15.3 (i) and
3.15.9 to the contrary, a minimum 7 parking spaces shall be
provided, in accordance with the following:
a) A minimum of 5 parking spaces shall be provided for an
existing restaurant use, provided that such parking spaces
shall be located in the rear yard, delineated by permanent
markings and no more than 2 parking spaces shall be located
in the required rear yard.
b) A minimum of 2 parking spaces shall be provided for a
permitted dwelling and any additions thereto, provided that
such parking spaces shall be located in a permitted driveway
in the interior side yard.
c) Direct access from the municipal right-of-way to parking
spaces located in the rear yard shall be permitted for an
existing restaurant use.
vi)
Notwithstanding the requirements of subsection 3.15.6 and
3.16.1 to the contrary, the required planting strips shall consist of
the following:
a) Landscaped open space that shall include the entirety of the
required rear yard except for permitted parking areas;
b) Landscaped open space that shall include the entirety of the
required interior side yard;
c) Landscaped open space that shall include the entirety of the
required front yard except for a permitted driveway and a
patio within the front yard having a maximum area of 27.5
square metres;
d) A privacy fence having a minimum height of 1.5 metres shall
be provided and maintained along the rear lot line from the
southwest corner of the lot to a point approximately 14.0
metres northerly therefrom measured along the rear lot line;
e) A privacy fence having a minimum height of 1.5 metres shall
be provided and maintained along the southerly interior side
lot line from the southwest corner of the lot to a point
approximately 16.0 m easterly therefrom measured along the
southerly interior side lot line.
All other Regulations for Permitted Uses in the C2 Zone shall
apply in accordance with subsection 4.7.2.
Town of Shelburne
Zoning By-law
May 28, 2012
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4.8
SERVICE COMMERCIAL (C3) ZONE
No person shall within any Service Commercial (C3) Zone, use any land
or erect, alter or use any building or structure except in accordance with
the following:
4.8.1 Permitted Uses
i)
Business Office, Professional Office or Administrative Office
ii)
Clinic
iii)
Convenience Store
iv)
Dry Cleaner's Distribution Station or Depot
v)
Dry Cleaning Establishment
vi)
Financial Institution
vii)
Laundromat
viii)
Light Equipment Sales and Rental Establishment
ix)
Medical Office
x)
Outdoor Patio
xi)
Personal Service Shop
xii)
Post Office
xiii)
Public Use
xiv)
Rental Store
xv)
Repair Shop
xvi)
Restaurant
xvii)
Restaurant, Drive-Through
xviii)
Restaurant, Take-out
xix)
Retail Store
xx)
School, Commercial
xxi)
Service Shop, Light
xxii)
Shopping Centre
xxiii)
Taxi Establishment
xxiv)
Tourism Information Centre
xxv)
Veterinary Clinic
xxvi)
Video Sales or Rental Outlet
4.8.2 Regulations for Permitted Uses
i)
Minimum Lot Area
750 m2
ii)
Minimum Lot Frontage
25.0 m
iii)
Minimum Front Yard
6.0 m
iv)
Minimum Exterior Side Yard
6.0 m
v)
Minimum Interior Side Yard
3.0 m
- abutting a Residential Zone or use
½ the building
height or 7.5m,
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
54
whichever
is
greater
vi)
Minimum Rear Yard
4.5 m
- abutting a Residential Zone or use
½ the building
height or 7.5m,
whichever
is
greater
vii)
Maximum Lot Coverage
30%
viii)
Maximum Building Height
10.0 m
ix)
Minimum Landscaped Open Space
15%
4.8.3 Exceptions
4.8.3.1 Service Commercial Exception One (C3-1) Zone
Town of Shelburne
Zoning By-law
May 28, 2012
Office Consolidation - May 2012
55
4.9
SPECIAL COMMERCIAL (C4) ZONE
No person shall within any Special Commercial (C4) Zone, use any land
or erect, alter or use any building or structure except in accordance with
the following:
4.9.1 Permitted Uses
i)
Assembly Hall
ii)
Auctioneer's Establishment
iii)
Automobile Leasing Establishment
iv)
Automobile Service Station
v)
Automotive Sales Establishment
vi)
Banquet Hall
vii)
Brewers Retail Outlet
viii)
Building Supply and Lumber Outlet
ix)
Business Office, Professional Office or Administrative Office
x)
Bus Terminal/Transit Station
xi)
Car Wash
xii)
Clinic
xiii)
Club, Non-Profit
xiv)
Commercial Fitness Centre
xv)
Conference Centre
xvi)
Convenience Store
xvii)
Drive-Through Service Facility
xviii)
Dry Cleaner's Distribution Station or Depot
xix)
Dry Cleaning Establishment
xx)
Farmers' Market
xxi)
Farm Implement Sales Outlet
xxii)
Farm Produce Sales Outlet
xxiii)
Financial Institution
xxiv)
Food Store
xxv)
Gas Bar
xxvi)
Heavy Equipment Sales and Rental Establishment
xxvii)
Hotel
xxviii)
Laundromat
xxix)
Light Equipment Sales and Rental Establishment
xxx)
Medical Office
xxxi)
Motel
xxxii)
Motor Vehicle Body Shop
xxxiii)
Nursery or Garden Supply Centre
xxxiv)
Outdoor Patio
xxxv)
Park, Public
xxxvi)
Personal Service Shop
Town of Shelburne
Zoning By-law
May 28, 2012
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xxxvii) Pharmacy
xxxviii) Place of Amusement
xxxix)
Place of Entertainment
xl)
Post Office
xli)
Printing Establishment
xlii)
Public Use
xliii)
Recreational Establishment
xliv)
Recreational Vehicle Sales and Service Establishment
xlv)
Rental Store
xlvi)
Repair Shop
xlvii)
Restaurant
xlviii)
Restaurant, Drive-Through
xlix)
Restaurant, Take-out
l)
Retail Store
li)
School, Commercial
lii)
Service Shop, Light
liii)
Shopping Centre
liv)
Taxi Establishment
lv)
Theatre
lvi)
Tourism Information Centre
lvii)
Trade and Convention Centre
lviii)
Veterinary Clinic
lix)
Video Sales or Rental Outlet
lx)
Wholesale Establishment
4.9.2 Regulations for Permitted Uses
i)
Minimum Lot Area
750 m2
- Automobile/Motor Vehicle Related Uses
937 m2
ii)
Minimum Lot Frontage
25.0 m
- Automobile/Motor Vehicle Related Uses
37.0 m
iii)
Minimum Front Yard
6.0 m
iv)
Minimum Exterior Side Yard
6.0 m
v)
Minimum Interior Side Yard
3.0 m
- abutting a Residential Zone or use
½ the height of
the building or
7.5m, whichever
is greater
vi)
Minimum Rear Yard
4.5 m
- abutting a Residential Zone or use
½ the height of
the building or
7.5m, whichever
is greater
vii)
Minimum Gross Leasable Area for Retail Uses 325 square metres
Town of Shelburne
Zoning By-law
May 28, 2012
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viii)
Maximum Lot Coverage
30%
ix)
Maximum Building Height
10.0 m
x)
Minimum Landscaped Open Space
15%
xi)
Accessory Open Storage shall be permitted in a rear yard only
subject to maintaining a minimum setback from a Residential
Zone of 15.0 m and being enclosed by landscape screening.
4.9.3 Exceptions
4.9.3.1 Special Commercial Exception One [C4-1(H)] Zone
Notwithstanding the permitted uses and regulations in subsections 4.9.1
and 4.9.2, on the lands zoned C4-1(H), the following special provisions
shall apply:
i)
In addition to the uses permitted in subsection 4.9.1, permitted
uses shall include:
a) Bakery
b) Funeral Home
c) Nursery School
ii)
Council may pass a by-law under Section 36 of the Planning Act
to lift the holding provision on all or part of the lands zoned C4-
1(H) when the following condition has been satisfied:
a) The Town has issued Site Plan approval
4.9.3.2 Special Commercial Exception Two (C4-2) Zone
Notwithstanding the permitted uses and regulations in subsections 4.9.1
and 4.9.2, on the lands zoned C4-2, the following special provisions
shall apply:
i)
In addition to the uses permitted in subsection 4.9.1, permitted uses
shall include:
a) Bakery
b) Funeral Home
c) Motor Vehicle Service Station
d) Nursery School
e) Parking Garage
f) Parking Lot
g) Tavern
ii)
Minimum Lot Area
459 m2
iii)
Minimum Lot Frontage
15.0 m
iv)
Minimum Interior Side Yard
1.5 m
v)
Minimum Rear Yard
3.0 m
vi)
Minimum Gross Leasable Area
nil
Town of Shelburne
Zoning By-law
May 28, 2012
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vii)
Maximum Gross Leasable Area(Food store/supermarket)5,574 m2
viii)
Maximum Lot Coverage
40%
ix)
Minimum Landscaped Open Space:
a) Front Yard - 3 m if parking and/ or a driveway are located to
the front of the building.
b) Exterior Side Yard - 3 m.
c)
Interior Side Yard abutting a Residential Zone - 3 m.
x)
Designated Parking Space dimensions shall be 4.1 metres by 5.5
metres as shown on the approved Site Plan.
Town of Shelburne
Zoning By-law
May 28, 2012
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4.10
SPECIAL TOURISM (T) ZONE
No person shall within any Special Tourism (T) Zone, use any land or
erect, alter or use any building or structure except in accordance with
the following:
4.10.1 Permitted Uses
i)
A Public camping establishment
ii)
Farmers' Market
iii)
Parking Lot
iv)
Park, Public
v)
Public Use
vi)
A multi-use tourism facility including a museum, washrooms,
office use, meeting rooms, eating facilities, concert and
workshop facilities, retail stores
4.10.2 Regulations for Permitted Uses
i)
Minimum Lot Area 16.0 ha
ii)
Minimum Lot Frontage
340.0 m
iii)
Minimum Front Yard
7.5 m
iv)
Minimum Exterior Side Yard
7.5 m
v)
Minimum Interior Side Yard
7.5 m
vi)
Minimum Rear Yard
7.5 m
vii)
Minimum Setback from Street Centreline
20 m
viii)
Minimum Landscaped Open Space
30%
ix)
Maximum Building Height
9.2 m
x)
Maximum Lot Coverage
30%
4.10.3 Exceptions
4.10.3.1 Special Tourism Exception One (T-1) Zone
Town of Shelburne
Zoning By-law
May 28, 2012
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60
4.11
EMPLOYMENT (M1) ZONE
No person shall within any Employment (M1) Zone, use any land or
erect, alter or use any building or structure except in accordance with
the following:
4.11.1 Permitted Uses
i)
Accessory Retail
ii)
Accessory Office
iii)
Accessory Open Storage
iv)
Assembly Operation
v)
Automobile Service Station
vi)
Automotive Leasing Establishment
vii)
Automotive Sales Establishment
viii)
Building Supply and Lumber Outlet
ix)
Car Wash
x)
Caterer's Establishment
xi)
Club, Non-profit
xii)
Commercial Self-Storage Facility
xiii)
Conference Centre
xiv)
Contractor's Yard
xv)
Custom Workshop
xvi)
Data Processing Centre
xvii)
Dry Cleaning Establishment
xviii)
Light Equipment Sales and Rental Establishment
xix)
Farm Implement Sales Outlet
xx)
Financial Institution
xxi)
Greenhouse, Commercial
xxii)
Manufacturing and Processing
xxiii)
Manufacturing, Light
xxiv)
Motor Vehicle Body Shop
xxv)
Motor Vehicle Repair Garage
xxvi)
Nursery or Garden Supply Centre
xxvii)
Printing Establishment
xxviii)
Public Use
xxix)
Recreational Establishment
xxx)
Repair Shop
xxxi)
Research and Development Facility
xxxii)
School, Commercial
xxxiii)
Service Shop, Light
xxxiv)
Towing Establishment
xxxv)
Transmission Establishment, Radio and Television Microwave
xxxvi)
Transport Terminal
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xxxvii) Truck and Trailer Rental Business and Storage
xxxviii) Veterinary Clinic
xxxix)
Warehouse
xl)
Wholesale Establishment
xli)
Workshop
4.11.2 Regulations for Permitted Uses
i)
Minimum Lot Area
2500 m2
ii)
Minimum Lot Frontage
30.0 m
iii)
Minimum Front Yard
7.5 m
iv)
Minimum Exterior Side Yard
7.5 m
v)
Minimum Interior Side Yard
3.0 m
- abutting a Residential Zone or use
10.0 m
vi)
Minimum Rear Yard
7.5 m
- abutting a Residential Zone or use
10.0 m
vii)
Maximum Lot Coverage
50%
viii)
Maximum accessory retail
10% of Gross Floor Area (GFA)
ix)
Minimum Setback from Street Centreline
20.0 m
x)
Maximum Building Height
10.0 m
xii)
Minimum Landscaped Open Space
10%
50% of required landscaping shall be located in the front yard.
4.11.3 Exceptions
4.11.3.1 Employment Exception One [M1-1(H)] Zone
Notwithstanding the permitted uses and regulations in subsections
4.11.1 and 4.11.2, on the lands zoned M1-1(H), the following special
provisions shall apply:
i)
In addition to the uses permitted in subsection 4.11.1, permitted
uses shall include:
a) Restaurant
ii)
Notwithstanding the uses permitted in subsection 4.11.1, the
following uses shall not be permitted:
a) Accessory Open Storage
b) Car Wash
c) Contractors Yard
d) Farm Implement Sales Outlet
e) Motor Vehicle Body Shop
f) Motor Vehicle Repair Garage
g) Open Storage
h) Towing Establishment
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i) Transport Terminal
j) Truck and Trailer Rental Business and Storage
iii)
Minimum Interior Side Yard
12.5 m
iv)
Minimum Landscaped Open Space, Interior Side Yard
5.5 m
v)
Landscaped Open Space strips shall be provided through a
combination of an earthen berm, solid wall or fence with trees or
not less than 2 metres in height and additional vegetative
plantings.
vi)
Council may pass a by-law under Section 36 of the Planning
Act to lift the holding provision on all or part of the lands zoned
M1-1(H) when the following condition has been satisfied:
a) The Town has issued Site Plan approval.
4.11.3.2 Employment Exception Two (M1-2) Zone
Notwithstanding the regulations in subsection 4.11.2, on the lands
zoned M1-2, the following special provisions shall apply:
i)
Minimum Rear Yard
1.2 metres
ii)
Minimum Interior Side Yard (North Side)
1.5 metres
All other Regulations for Permitted Uses shall apply in accordance
with subsection 4.11.2.
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4.12
GENERAL INDUSTRIAL (M2) ZONE
No person shall within any General Industrial (M2) Zone, use any land
or erect, alter or use any building or structure except in accordance with
the following:
4.12.1 Permitted Uses
i)
Accessory Retail
ii)
Accessory Office
iii)
Accessory Open Storage
iv)
Assembly Operation
v)
Building Supply and Lumber Outlet
vi)
Bulk Fuel Depot
vii)
Bulk Storage Tank
viii)
Club, Non-profit
ix)
Commercial Self-Storage Facility
x)
Contractor's Yard
xi)
Custom Workshop
xii)
Light Equipment Sales and Rental Establishment
xiii)
Farm Implement Sales Outlet
xiv)
Feed Mill
xv)
Financial Institution
xvi)
Greenhouse, Commercial
xvii)
Manufacturing and Processing
xviii) Manufacturing, Light
xix)
Motor Vehicle Body Shop
xx)
Motor Vehicle Repair Garage
xxi)
Printing Establishment
xxii)
Public Use
xxiii) Recreational Establishment
xxiv) Repair Shop
xxv)
Research and Development Facility
xxvi) Service Shop, Light
xxvii) Transmission Establishment, Radio and Television Microwave
xxviii) Transport Terminal
xxix) Warehouse
xxx)
Workshop
4.12.2 Regulations for Permitted Uses
i)
Minimum Lot Area 2500 m2
ii)
Minimum Lot Frontage
30.0 m
iii)
Minimum Front Yard
7.5 m
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iv)
Minimum Exterior Side Yard
7.5 m
v)
Minimum Interior Side Yard
4.5 m
- abutting a Residential or Institutional Zone or use 10.0 m
vi)
Minimum Rear Yard
7.5 m
- abutting a Residential or Institutional Zone or use 10.0 m
vii)
Maximum Lot Coverage
50%
viii)
Maximum Accessory Retail 10% of Gross Floor Area (GFA)
ix)
Minimum Setback from Street Centreline
20.0 m
x)
Maximum Building Height
18.28 m
xii)
Minimum Landscaped Open Space
10%
50% of required landscaping shall be located in the front yard.
4.12.3 Exceptions
4.12.3.1 General Industrial Exception One (M2-1) Zone
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4.13
INSTITUTIONAL (I) ZONE
No person shall within any Institutional (I) Zone, use any land or erect,
alter or use any building or structure except in accordance with the
following:
4.13.1 Permitted Uses
i)
Arena
ii)
Art Gallery
iii)
Assembly Hall
iv)
Auditorium
v)
Cemetery
vi)
Community Centre
vii)
Day Care Centre
viii)
Fairground
ix)
Fitness Centre
x)
Group Home Type 1
xi)
Hospital
xii)
Library
xiii)
Medical Office
xiv)
Nursery School
xv)
Open Space
xvi)
Parking Lot
xvii)
Place of Religious Assembly
xviii) Post Office
xix)
Private Academy, Philanthropic or Religious School
xx)
Private School
xxi)
Park, Public
xxii)
Public School
xxiii) Public Use
xxiv) Public Utility
xxv)
Recreational Establishment, Public
xxvi) Retirement Home
xxvii) Senior Citizens Home
xxviii) Special Needs Facility
xxix) Training and Rehabilitation Centre
4.13.2 Regulations for Permitted Uses
i)
Minimum Lot Area
950 m2
ii)
Minimum Lot Frontage
30.0 m
iii)
Minimum Front Yard
7.5 m
iv)
Minimum Exterior Side Yard
7.5 m
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v)
Minimum Interior Side Yard
7.5 m
vi)
Minimum Rear Yard
7.5 m
vii)
Maximum Lot Coverage
30%
viii)
Minimum Setback from Street Centreline
20.0 m
ix)
Minimum Landscaped Open Space
20%
x)
Maximum Building Height
10.0 m
4.13.3 Exceptions
4.13.3.1 Institutional Exception One (I-1) Zone
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4.14
OPEN SPACE RECREATION (OSR) ZONE
No person shall within any Open Space Recreation (OSR) Zone, use any
land or erect, alter or use any building or structure except in accordance
with the following:
4.14.1 Permitted Uses
i)
Arena
ii)
Auditorium
iii)
Community Centre
iv)
Conservation Use
v)
Fairground
vi)
Fitness Centre
vii)
Museum
viii)
Open Space
ix)
Playing Field
x)
Park, Private
xi)
Park, Public
xii)
Public Use
xiii)
Recreational Establishment, Public
4.14.2 Regulations for Permitted Uses
i)
Minimum Lot Area
nil
ii)
Minimum Lot Frontage
nil
iii)
Minimum Front Yard
7.5 m
iv)
Minimum Exterior Side Yard
7.5 m
v)
Minimum Interior Side Yard
7.5 m
vi)
Minimum Rear Yard
7.5 m
vii)
Maximum Lot Coverage
5%
viii)
Minimum Setback from Street Centreline
20 m
ix)
Minimum Landscaped Open Space
50%
x)
Maximum Building Height
9.2 m
4.14.3 Exceptions
4.14.3.1 Open Space Recreation Exception One (OSR-1) Zone
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4.15
NATURAL ENVIRONMENT (NE) ZONE
No person shall within any Natural Environment (NE) Zone, use any
land or erect, alter or use any building or structure except in accordance
with the following:
4.15.1 Permitted Uses
i)
Conservation Use
ii)
Park, Passive
iii)
Park, Public
iv)
Resource Management
4.15.2 Regulations for Permitted Uses
i)
Minimum Lot Area
Nil
ii)
Minimum Lot Frontage
Nil
iii)
Minimum Front Yard
15.0 m
iv)
Minimum Exterior Side Yard
15.0 m
v)
Minimum Interior Side Yard
9.0 m
vi)
Minimum Interior Side Yard abutting a Residential Zone 15.0 m
vii)
Minimum Rear Yard
15.0 m
viii)
Maximum Lot Coverage
5%
ix)
Minimum Setback from Street Centreline
20 m
x)
Minimum Landscaped Open Space
95%
xi)
Maximum Building Height
4.0 m
4.15.3 Exceptions
4.15.3.1 Natural Environment Exception One (NE-1) Zone
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4.16
DEVELOPMENT (D) ZONE
No person shall within any Development (D) Zone, use any land or
erect, alter or use any building or structure except in accordance with
the following:
4.16.1 Permitted Uses
i)
Existing Buildings and Structures
ii)
Public Utility
iii)
Resource Management
iv)
Single Detached Dwelling on an existing lot of record in
accordance with the R1 provisions of this By-law
4.16.2 Regulations for Permitted Uses
i)
Minimum Lot Area
existing
ii)
Minimum Lot Frontage
existing
iii)
Minimum Front Yard
existing
iv)
Minimum Exterior Side Yard
existing
v)
Minimum Interior Side Yard
existing
vi)
Minimum Rear Yard
existing
vii)
Maximum Lot Coverage
existing
viii)
Minimum Setback from Street Centreline
25 m
ix)
Minimum Landscaped Open Space
30%
x)
Maximum Building Height
existing
4.16.3 Exceptions
4.16.3.1 Development Exception One (D-1) Zone
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SECTION 5
DEFINITIONS
1. 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.
2. Accessory Building
any subordinate building or structure which is separate from
the main building on the same lot and subordinate to a
principal use of a building or structure and may include a
private garage, swimming pools, private greenhouses, patio
shelters, carports and boathouses, sheds or storage
3. Accessory
Structure
the use of which is naturally and normally incidental to,
subordinate to, or exclusively devoted to, a principal use or
building and located on the same lot therewith. Residential
accessory structures may include, but are not limited to solar
collectors, fences over 2 metres in height, air conditioning
units and heat pumps, and retaining walls higher than 1 metre
above finished grade.
4. Accessory Use
a use of land, buildings or structures that is normally
incidental or subordinate to the principal use, building or
structure located on the same lot.
5. Alter
any change in the exterior dimensions, gross floor area,
height or volume of a building or structure.
6. Antique Store
any building or premises used for the sale or display of bona
fide antique furniture, and other antique items.
7. Arena
a building housing ice making equipment and infrastructure
capable of enclosing an artificial ice surface intended for year
round recreational use and may include uses such as special
events and competitions, circuses, concerts, conventions,
weddings/banquets/anniversaries, auctions, restaurants, flea
markets and trade shows or exhibits with a retail component.
8. Art Gallery
a building or premises used for the preservation of collections
of paintings or other works of art and devoted primarily to the
recreation and/or education of the public, and may include the
exhibition and sale of paintings and other works of art,
whether by the proprietor or others.
9. Assembly Hall
a building or premises in which facilities are provided for such
purposes as meetings for civic, educational, political, religious
or social purposes and may include a bingo hall, a banquet
hall, non-profit club or fraternal organization but does not
include a theatre or place of religious assembly.
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10. Assembly
Operation
a building used for the assembling of finished parts of
materials into a final product but shall not include any large
scale manufacturing and processing operation or any
operation discharging large amounts of liquids.
11. Attached
a building otherwise complete in itself, which depends, for
structural support or complete enclosure, upon a division wall
or walls shared in common with one or more adjacent
buildings.
12. Attic
the unfinished space between the roof and the ceiling of the
top storey or between a dwarf wall and a sloping roof.
13. Auctioneer's
Establishment
a building or structure or lands used for the storage of goods
and materials which are to be sold on the premises by public
auction, and for the sale of the said goods and materials by
public auction on an occasional basis.
14. Auditorium
a building or part thereof where facilities are provided for
athletic, civic, educational, political, religious, or social
events.
15. Automobile
Service Station
a building or premises where repairs essential to the actual
operation of motor vehicles are executed or performed but
shall not include a car wash, a motor vehicle body shop, an
automotive leasing establishment or an automotive sales
establishment.
16. Automotive
Leasing
Establishment
a building and lot used for the leasing, servicing, repairing,
cleaning, polishing and greasing of motor vehicles for hire,
and without limiting the generality of the foregoing, including
automobiles, trucks, boats, utility trailers, recreational
vehicles, and accessory automotive sales.
17. Automotive Sales
Establishment
a building and lot, used for the display and sale of new and
used motor vehicles and may include the sale, servicing,
repairing, cleaning, polishing, greasing, body repair and
repainting of motor vehicles, the sale of automotive
accessories and related products and the leasing or renting of
motor vehicles, utility or boat trailers, but shall not include
any other defined automotive use.
18. Bakery
a building or part of a building used for producing, mixing,
compounding or baking bread, biscuits, ice cream cones,
cakes, pies, buns or any other bakery products of which flour
or meal is the principal ingredient but does not include a
restaurant or other premises where such products are made
only for consumption on the premises.
19. Balcony
a raised platform or structure in excess of 3 metres above
grade projecting immediately from the main building and not
supported by the ground.
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20. 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 kitchen facilities.
21. Barn
a building used for the housing of livestock or agricultural
products kept or grown on the lands on which the building is
located.
22. Basement
that portion of a building below the first floor and which is
partly underground but which has more than 50 per cent of its
height, from finished floor to finished ceiling, above the
adjacent finished grade (see Appendix A for illustration).
23. Basement, Walkout
that portion of a building below the first floor and which is
partly underground, but which has more than 50 per cent of
the floor area not greater than 0.6 metre below finished grade,
and which has an entrance and exit at grade level.
24. Boarding, Lodging
or Rooming House
a dwelling in which the owner or his agent resides and in
which lodging for more than three persons, other than
members of the owner's or agent's family, with or without
meals is supplied for gain, but shall not include a motel, hotel,
hospital, children's home, home for long-term care or other
similar establishment.
25. Brewers Retail
Outlet
a retail store primarily devoted to the sale of beer.
26. Building
a structure consisting of walls, roof and floor or a structural
system serving the same purpose as defined in the Ontario
Building Code and including carports and cloth, plastic or
vinyl materials supported by structural frames but does not
include awnings.
27. Building Inspector
the officer or employee of the Town of Shelburne who has the
duty of administering the Ontario Building Code.
28. Building Supply
and Lumber Outlet
a building or premises 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.
29. Building,
Apartment
a building containing three or more dwelling units that share a
common external access to the outside through a common
vestibule and a common corridor system.
30. Building Height
the vertical distance measured between the average finished
grade level in the front yard and:
1) In the case of a flat roof, the highest point of the roof
surface or the parapet, whichever is the greater;
2) In the case of a mansard roof, the roof deck line;
3) In the case of a gable, hip or gambrel roof, the mean
height between the eaves and ridge.
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(see Appendix A for illustration). In calculating the height of
a building, any construction used as an ornament or for the
mechanical operation of the building such as a chimney,
cupola or steeple shall not be included.
31. Building, Main or
Principal
any building which is carried on the principal purpose for
which the lot is used and shall include a barn or silo used in
conjunction with a farm.
32. Bulk Fuel Depot
a building or premises used for the storage, distribution of
fuels and oils but not including retail sales except key lock
operations.
33. Bulk Storage Tank
a tank or container for the bulk storage of petroleum, gasoline,
diesel or other fuels, oil, gas, propane, or flammable liquid or
fluid, but does not include a container for flammable liquid,
gas or fluid legally and properly kept in a retail store or a tank
for storage incidental to some other use of the premises where
such tank or container is located.
34. Bus Terminal
a building where tickets are sold and a waiting room is
provided for transit passengers and where buses may be stored
and maintained.
35. Business Office,
Professional Office
or Administrative
Office
a building or premises in which one or more persons are
employed in the management, direction or conducting of a
business or where professionally qualified persons and their
staff serve clients or patients who seek advice, consultation or
treatment and may include the administration offices of a non-
profit or charitable organization.
36. Campsite
a parcel of land within a camping establishment that is
maintained as a site for the location and temporary occupation
of a tent, travel trailer, motor home, recreational vehicle or
truck camper, but not a mobile home.
37. Camping
Establishment
lands used for the parking and temporary use for at least five
(5) campsites occupied by tents, trailers, motor homes, truck
campers and recreational vehicles and accessory uses and
facilities such as administrative offices, sanitary facilities,
recreational facilities and an accessory convenience store.
38. Car Wash
a building or premises used for the operation only of
automobile washing equipment which is automatic, semi-
automatic and/or coin operated.
39. Carport
an accessory building either attached to or detached from the
main building and which has at least 40 per cent of the
perimeter open and unobstructed by any wall, door, post or
pier and which is used for the parking of passenger motor
vehicles. For the purpose of this By-law, perimeter includes
the wall of a building to which the carport is attached.
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40. Caterer's
Establishment
a building in which food and beverages are prepared for
consumption off the premises and are not served to customers
on the premises or to take out, but does not include a
restaurant.
41. Cellar
a portion of a building below the first storey floor which is
partly or wholly underground and which has more than one-
half of its height, from finished floor to finished ceiling or to
the underside of the floor joints of the first floor below the
average finished grade level adjacent to the exterior walls of
the building and/or having a floor to ceiling height of less than
1.8 metres (see Appendix A for illustration).
42. 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 within
the meaning of the the Cemeteries Act.
43. Centreline
with reference to a public street, a line drawn parallel to and
equidistant from the limits of the public street and with
reference to a private street, a line drawn parallel to and
equidistant from the edges of the paved surface of the private
street.
44. Chief Building
Official
the official employed by the Town appointed under the
Building By-law or pursuant to the provisions of the Ontario
Building Code, and shall include any Inspector likewise
employed and appointed.
45. Clinic
a building or portion of a building used for the purpose of
consultation, diagnosis and treatment of patients by two (2) or
more in any combination of the following legally qualified
professionals - physicians, dentists, optometrists, chiropodists,
chiropractors, or drugless practitioners, together with their
qualified assistants and without limiting the generality of the
foregoing, the building may include administrative offices,
waiting rooms, examination rooms, treatment rooms,
laboratories and pharmacies used in connection and forming
part of the in-patient care or operating rooms for major
surgery.
46. Club, Non-profit
premises used as a meeting place by members and guests of
members of non-profit and non-commercial organizations for
community, social or cultural purposes. This definition does
not include uses that are normally carried out as a commercial
enterprise.
47. Commercial Self-
Storage Facility
a premises used for the temporary storage of household items
and secured storage areas or lockers which are generally
accessible by means of individual loading doors, lands and
buildings used, rented or leased to persons for the storage of
household and personal items, including recreational vehicles
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and automobiles, within separate units forming part of a
wholly enclosed building.
48. Community Centre
any tract of land or building, or buildings or any part of any
buildings used for community activities whether used for
commercial purposes or not, the control of which is vested in
the Municipality, a local board or agent thereof and may
include an auditorium, swimming pool, arena and fitness
centre.
49. Condominium
the ownership of individual units in a multiple unit structure
with common elements as defined in the Condominium Act,
where:
1) The unit comprises not only the space enclosed by the unit
boundaries but all material parts of the land within the
space;
2) The common elements means all the property except the
units and private parking spaces;
3) The common elements are owned by the owners as tenants
in common.
50. Conference Centre
a building or premises used for a formal meeting area
comprised of meeting rooms and/or lodging for delegates or
members as for political or professional purposes.
51. Conservation
the wise use, protection and rehabilitation of natural
resources according to principles that will assure their highest
economic, social and environmental benefits.
52. Contractor's Yard
a premises 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.
53. Convenience Store
a building used for a retail commercial establishment, not
exceeding 200m2 of gross floor area, supplying groceries and
other daily household necessities to the surrounding area,
whether or not such store is open for business seven (7) days
a week or not.
54. Corporation
The Corporation of the Town of Shelburne.
55. Crisis Residence
a single housekeeping unit
licensed or funded by the Province of Ontario for the short
term (averaging 30 days or less) accommodation of three to
nine persons, exclusive of staff, living under supervision and
who, by reason of either emotional, mental, social or physical
condition or legal status, require a group living arrangement
for their well-being.
56. Custom Workshop
the following:
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1) a building or part of a building used by a trade, craft or
guild for the manufacture and sale on the premises in
limited quantities of made-to-measure clothes or articles,
and
2) includes upholstering but does not include furniture
manufacture, woodworking or metal spinning, or any
manufacturing and processing or any shop or factory
otherwise classified or defined in this By-law.
57. Data Processing
Centre
a building or part thereof used for the input, processing and
printing of computerized data.
58. Day Care Centre
a building or part thereof, other than a private home or
school, used for the supervision of children within the
meaning of the Day Nurseries Act.
59. Deck
an uncovered and unenclosed structure that is accessory to a
residential use and used as an outdoor living area, with a
foundation holding it erect and a floor which is located 0.6
metre or more above finished grade and shall not include a
landing or a stair.
60. Development
the creation of a new lot, a change in land use, or the
construction of buildings and structures, any of which require
approval under the Planning Act, the Environmental
Assessment Act, or the Drainage Act, but does not include,
(a) the construction of facilities for transportation,
infrastructure and utilities uses, as described in Section
41 of the Planning Act, by a public body, or
(b) for greater certainty,
(i) the reconstruction, repair or maintenance of a drain
approved under the Drainage Act
(ii) the carrying out of agricultural practices on land that
was being used for agricultural uses as of the date of
this By-law, and shall not exempt expansions to
such uses.
61. Drive-Through
Service Facility
a building or structure or part thereof where goods and/or
services are offered to the public within a parked or
stationery vehicle by way of a service window or kiosk,
where goods, money or materials are exchanged. Kiosks
within a parking garage or associated with a surface parking
area are not considered to be drive-through service uses.
62. Driveway
a defined area providing access for motor vehicles from a
public or private street or a lane to facilities such as a
parking area, parking lot, loading space, private garage,
building or structure.
63. Dry Cleaner's
Distribution Station
a building or part thereof which is used for the receiving and
processing and distribution of articles or goods of fabric
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or Depot
which have or will be dry cleaned or dry dyed in a place
other than on the premises.
64. Dry Cleaning
Establishment
a building or part thereof where dry cleaning, dry dyeing,
cleaning or pressing articles of fabric is carried on but in
which only non-inflammable solvents are or can be used
which emit no odours or fumes and in which no noise or
vibration causes a nuisance or inconvenience within or
outside of the premises.
65. Dwelling
a building or part of a building occupied or capable of being
occupied, in whole or in part as the home, residence or
sleeping place of one or more persons either continuously,
permanently, temporarily or transiently.
66. Dwelling Unit
one or more habitable rooms, occupied or capable of being
occupied as an independent and separate housekeeping
establishment, in which separate kitchen and sanitary
facilities are provided for the exclusive use of the occupants.
67. Dwelling Unit,
Accessory
a separate dwelling unit which is contained in a building
which was originally designed as a single detached dwelling
and continues to be occupied by the owner or a separate
building located on lands where a dwelling unit is accessory
to the principal use.
68. Dwelling,
Converted
a dwelling which has been altered or converted as to provide
therein two (2) dwelling units, none of which shall be located
in the cellar of the dwelling.
69. Dwelling, Duplex
a dwelling unit in a building that is divided horizontally into
two dwelling units, each of which has an independent
entrance either directly to the outside or through a common
vestibule.
70. Dwelling, Fourplex
a dwelling unit in a building that is divided horizontally or a
combination of vertically and horizontally into four dwelling
units, each of which has an independent entrance either
directly to the outside or through a common vestibule.
71. Dwelling, Semi-
Detached
a building divided vertically into two dwelling units which
are attached above and below grade by either the entire
length of the garage or by the entire length of the main
common wall.
72. Dwelling, Single
Detached
a building that contains one (1) single dwelling unit sharing
no common walls with any other dwelling unit, building or
structure.
73. Dwelling,
Townhouse
a dwelling unit in a building divided vertically into no less
than three or more than eight dwelling units attached by
common walls extended from the base of the foundation to
the roof line, each dwelling unit having a separate entrance at
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grade.
74. Dwelling, Triplex
a building that is divided horizontally into three (3) dwelling
units, each of which has an independent entrance either
directly or through a common vestibule.
75. Erect
to build, construct, reconstruct, alter or relocate including
any preliminary physical operation such as excavating,
grading, piling, cribbing, filling or draining, or structurally
altering any existing building or structure by an addition,
deletion, enlargement or extension.
76. Established
Building Line
the average distance from the street line to existing buildings
in any block where more than one-half (1/2) the frontage has
been built upon, at the date of the final passing of this By-
law.
77. Existing
legally existing, being a reality or an actuality as of the date
of passing of this By-law.
78. Fairground
an agricultural fairground where farm produce is on display
for judging and for sale, and livestock shows, horseracing
and other sports events are held and on occasion for auctions,
flea markets and concession stands.
79. Farm Implement
Sales Outlet
buildings or premises used for the commercial sale, storage
or repair of equipment and machinery directly associated
with the farming operations and activities.
80. Farm Produce
Sales Outlet
a building not exceeding 20 m2 or structures and lands
accessory to an agricultural use on the same lot where
agricultural goods, produce and products grown or produced
on lands used for agricultural purposes by the owner of the
produce stand are made available for sale to the public.
81. Farm Produce
Storage Area
a use accessory to a farm which consists of the storage of
agricultural products produced on the farm where such
storage is located.
82. Farmers' Market
a specialty retail commercial use contained either within an
enclosed building or on lands in the "open-air" which
involves the sale of artifacts, crafts, farm produce and other
goods, either new or used, which cater to the traveling public
and local community.
83. Financial
Institution
a building or premises in which financial services are offered
to the public and includes a bank, credit union, trust
company, savings office or any other retail banking
operation.
84. Feed Mill
a building, structure or lot used for the storing, cleaning and
sale of grains, fertilizers and related agricultural products.
85. First Floor
the floor of a building approximately at, or the first above,
the finished grade level.
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86. First Storey
the storey with its floor closest to grade and having its ceiling
more than 1.8 metre above grade.
87. Fitness Centre
a building in which facilities are provided for recreational
athletic activities including but not limited to body-building
and exercise classes, and shall include associated facilities
such as a sauna and solarium, but does not include a
commercial fitness centre.
88. Fitness Centre,
Commercial
a premises in which facilities are provided for recreational or
athletic activities such as body-building and exercise classes
and may include associated facilities such as a sauna, a
swimming pool, a solarium, a cafeteria and accessory retail
uses.
89. Flea Market
a building or premises where second hand goods, articles and
antiques are offered or kept for sale at retail to the general
public but shall not include any other establishment
otherwise defined or classified herein.
90. Floor Area
with reference to a building, the total habitable floor area
within a building which area is measured between the interior
faces of the interior walls, but excluding any private garage,
breezeway, porch or verandah, balcony, sun room attic,
basement or cellar, except where the terrain permits a
walkout basement, fifty (50) percent of the floor area of the
walkout basement may be considered as habitable floor area.
91. Floor Area, Gross
(GFA)
the aggregate of the areas of each floor of a building or
structure above or below finished grade, measured between
the exterior faces of the exterior walls and the building or
structure excluding the sum of the areas of each floor used,
or designed or intended for use for the parking of motor
vehicles, unless the parking of motor vehicles is the principal
use of the building or structure.
92. Floor Area,
Maximum Gross
the maximum gross floor area of all buildings on a lot
expressed as a percentage of the lot area, and for the purpose
of this definition the maximum gross floor area in each zone
shall apply only to that portion of such lot which is located
within the said zone.
93. Florist
a retail store where flowers and plants or either in singular
are sold or offered for sale to the public and such use may
include the incidental raising and arranging of flowers and
plants for sale in the store.
94. Food Store
a building or part thereof in which food and food related
products are prepared and sold.
95. Foster Home,
Group
a building in which not less than three (3) nor more than six
(6) foster children under the age of eighteen (18) years,
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requiring sheltered, specialized, or group care are lodged,
boarded or cared for, and which is maintained and operated
by or under the supervision of a Corporation approved by the
Lieutenant Governor in Council under the Child and Family
Services Act.
96. Funeral Home
a premises used for furnishing funeral supplies and services
to the public and includes facilities intended for the
preparation of the human body for interment.
97. Garage Width
the width of a private garage measured between the interior
faces of the walls of the private garage.
98. Garage, Private
a detached accessory building or portion of a dwelling house
which is designed or used for the sheltering of a private
motor vehicle and storage of household equipment incidental
to the residential occupancy and which is fully enclosed and
roofed and excludes a carport or other open shelter.
99. Gas Bar
a premises used for one (1) or more pump islands consisting
of one (1) or more gasoline pumps and an enclosed shelter of
not more than ten (10 m2) square metres being used for the
sale of fuel, lubricants and auto accessories but not for
repairs, oil changes or greasing.
100. Grade
the level of the ground adjacent to the outside wall of a
building or structure.
101. Grade, Finished
the average elevation of the finished surface of the ground at
the natural ground level measured on any side of an existing
building or structure.
102. Greenhouse
a building wherein the temperature and humidity can be
regulated for the cultivation of exotic or out of season plants.
103. Greenhouse,
Commercial
a building for the growing of flowers, plants, shrubs, trees
and similar vegetation which are not necessarily transplanted
outdoors on the same lot containing such greenhouse, but are
sold directly from such lot at wholesale or retail.
104. Gross Leasable
Area
the total floor area designed for commercial tenant
occupancy and exclusive use, including basements,
mezzanines, and upper floors, if any; measured from the
centreline of joint partitions and from outside wall faces.
105. Group Home Type 1
a single housekeeping unit in a residential dwelling in which
3 to 6 unrelated residents excluding staff or receiving family,
live as a family under responsible supervision consistent with
the requirements of its residents and includes a home licensed
or approved under the Provincial statute as a Special Care
Residential Home, Supportive Housing Program, Adult
Community Mental Health Program, Children's Residence,
Accommodation Services for the Developmentally
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Handicapped, Satellite Residences for Seniors and Homes for
Physically Disabled Seniors, in compliance with municipal
by-laws.
106. Group Home Type 2
a single housekeeping unit in a residential dwelling or
dwelling unit within a commercial building occupied by 4 to
10 unrelated residents excluding staff or receiving family,
which shall be maintained and operated primarily for:
-
persons who have been placed on probation under the
provisions of the Probation Act, the Criminal Code of
Canada, or any Act passed to replace the forgoing Act,
the Criminal Code of Canada, or any Act passed to
replace the foregoing Acts;
-
persons who have been released on parole under the
provisions of the Ministry of Correctional Services Act,
or Parole Board of Canada or any Act passed to replace
the foregoing Acts;
-
persons who have been charged under the Young
Offenders Act but who have been placed in open or
secure custody;
-
persons who require temporary care, and transient or
homeless persons;
-
persons requiring treatment and rehabilitation for
addiction to drugs or alcohol; or,
-
persons housed in a group home that satisfies all the
requirements of a Group Home Type 1 except that it
accommodates in excess of 6 residents.
107. Habitable Living
Space
any floor space used or intended to be used for living,
sleeping, cooking or eating purposes as defined under the
Ontario Building Code.
108. Habitable Room
a room designed for living, sleeping, eating or food
preparation, including a den, library, sewing room or
enclosed sun room.
109. Halfway House
a facility funded, licensed, approved, or supervised by the
Province of Ontario as a detention or correctional facility
under any general or special Act and amendments or
replacements thereto, for the accommodation of 3 to 9
residents, exclusive of staff.
110. Heavy Equipment
Sales and Rental
Establishment
a building or part of a building or structure in which heavy
machinery and equipment are offered or kept for sale, rent,
lease or hire under agreement for compensation, but shall not
include any other establishment defined or classified in this
By-law.
111. High Water Mark
the mark made by the action of water under natural
conditions on the shore or bank of a body of water, which
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action has been so common and usual and so long continued
that it has created a difference between the character of the
vegetation or soil on one side of the mark and the character
of the vegetation or soil on the other side of the mark.
112. Home for Long-
Term Care
an institution to which the Long-Term Care Homes Act
applies.
113. Home Occupation
an occupation or profession related to the provision of
services, carried on primarily by the occupant of a dwelling
within his/her dwelling as an accessory use in connection
with which there is no display, no stock in trade nor
commodity sold upon the premises, which is not produced on
the premises, and no open storage.
114. Hospital
"a public or private institution" as defined under the Public
Hospitals Act or under the Private Hospitals Act.
115. Hotel
any hotel, motel, tavern, inn, lounge, lodge or public house
used mainly for the purpose of catering to the needs of the
traveling public by supplying food and furnishing sleeping
accommodation of not less than ten (10) guest rooms, which
guest rooms contain no provisions for cooking, and includes
all premises licensed under the Liquor License Act and
permanent staff accommodation.
116. Improved Public
Road
a road or highway under the jurisdiction of the Province of
Ontario, County of Dufferin or the Town or a private road
within a registered Plan of Condominium which is
maintained so as to allow normal vehicular access to adjacent
properties and which, in the case of a municipal road is a
road which has been constructed to municipal standards.
117. Landscape
Screening
a combination of fences, walls, berms, trees or shrubs that
have a minimum height of 1.8 metres and provide a
permanent opaque visual barrier.
118. Landscaped Open
Space
the open space from ground to sky at grade on a lot
accessible by walking and which is suitable for the growth
and maintenance of grass, flowers, trees, bushes, natural
vegetation and other landscaping and includes any surfaced
walk, patio or similar area but does not include any driveway
or ramp, whether surfaced or not, any curb, retaining wall,
parking area or any open space beneath or within any
building or structure.
119. Landscaping
any combination of trees, shrubs, flowers, grass or other such
elements, together with decorative stonework, paving,
screening, or other architectural elements and any surfaced
walk or patio or similar area but does not include any
driveway or ramp, whether surfaced or not, any curb,
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retaining wall, parking area or any open space beneath or
within any building structure.
120. Lane
a public thoroughfare which affords only a secondary means
of access to abutting lots and which is not intended for
general public traffic circulation and does not include a
street.
121. Laundromat
a building in which the business of a laundry is conducted on
the ground floor by means of one (1) or more washers,
having a capacity not exceeding thirty (30) kilograms each,
and dryers, and may have ironing, finishing and incidental
equipment in which:
1) Only water or detergents are or can be used;
2) No odour or fumes are emitted; and
3) No noise or vibration causes nuisance or inconvenience
within or without the premises,
and includes a business where only washing or ironing is
done, a self-service laundry and laundry receiving depot.
122. Laundry or Dry
Cleaning Depot
a building or part thereof used for the purposes of receiving
articles or goods or fabric to be subject to the process of dry
cleaning, dyeing, laundering or pressing elsewhere and for
the distribution of any such articles or goods which have
been subject to any such process, and shall include a self-
service laundry and/or self-service dry cleaning.
123. Library
a building or part of a building containing printed, pictorial,
and audio visual equipment and material for public use for
purposes of study, reference and recreation.
124. Light Equipment
Sales and Rental
Establishment
a building or premises 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; fastening devices
such as staplers and tackers; floor and carpet tools; 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.
125. Loading Space
an off-street space on the same lot as the building, or
contiguous to a group of buildings, for the temporary parking
of a commercial vehicle while loading or unloading
merchandise or materials, and which abuts upon a street, lane
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or other appropriate means of access.
126. Lot
a parcel or tract of land -
1) Which is a whole lot as shown on a Registered Plan of
Subdivision, but a Registered Plan of Subdivision for the
purposes of this paragraph does not include a Registered
Plan of Subdivision which has been deemed not to be a
Registered Plan of Subdivision under a By-law passed
pursuant to the Planning Act;
2) Which fronts on a public highway and is a separate parcel
without any adjoining lands being owned by the same
owner or owners as of the date of passing of this By-law;
or
3) The description of which is the same as in a deed which
has been given consent pursuant to the Planning Act. For
the purpose of this paragraph no parcel or tract of land
ceases to be a lot by reason only of the fact that a part or
parts of it has or have been conveyed to or acquired by
Her Majesty in right of Canada or Her Majesty in right of
Ontario or by The County of Dufferin or by The
Corporation of the Town of Shelburne.
127. Lot Area
the total horizontal area within the lot lines of the lot. In the
case of a corner lot having street lines rounded at one (1) or
more corners with a radius of six (6) metres or less, the lot
area is to be calculated as if the lot line were projected to
intersection points.
128. Lot Coverage
that proportion of the lot area covered by all buildings
including accessory buildings which are above ground level
and open-sided roofed porches, however, excluding
uncovered decks attached to the main building, patios,
balconies, landings, steps, swimming pools and hot tubs.
129. Lot Depth
the horizontal distance between the midpoints of the front
and rear lot lines, and where there is no rear lot line, means
the length of a line within the lot between the midpoint of the
front lot line and the apex of a triangle formed by the side lot
lines (see Appendix A for illustration).
130. Lot Frontage
the continuous horizontal distance of the front lot line
between the side lot lines measures at right angles. Where
the front lot line is not a straight line, or where the side lot
lines are not parallel, the lot frontage shall be the horizontal
distance of a line that is equal to the required front yard back
from and parallel to a continuous straight line, joining the
two points where the side lot lines intersect with the front lot
line (see Appendix A for illustration).
131. Lot Line
any boundary of a lot. For the purpose of this By-law, any
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combination of lines that meet at an interior angle of not
greater than 135 degrees shall be deemed to be one line (see
Appendix A for illustration).
132. Lot Line, Exterior
Side
the lot line of a corner lot, other than the front lot line, which
divides the lot from a public street (see Appendix A for
illustration).
133. Lot Line, Front
a)
Where a lot abuts a municipally maintained road the
lot line abutting the municipal road shall be deemed
the front lot line.
b)
In the case of a corner lot or through lot, the shorter
lot line that abuts a street shall be deemed to be the
front lot line and the longer lot line that abuts a road
or shall be deemed an exterior side lot line, but,
c)
In the case of a corner lot or through lot with two lot
lines of equal length abutting roads, the lot line that
abuts the wider street shall be deemed to be the front
lot line, but where the roads are of equal width, the
lot line which abuts a Provincial Highway shall be
deemed to be the front lot line, and in the case of both
roads being under the same jurisdiction and of the
same width, the owner of the lot may designate which
road line shall be the front lot line.
d)
In the case where a lot abuts only a road cul-de-sac,
all of the frontage on the road cul-de-sac shall be
deemed to be the front lot line.
(See Appendix A for illustration).
134. Lot Line, Interior
Side
a lot line, other than a rear lot line that does not abut a public
street (see Appendix A for illustration).
135. Lot Line, Rear
the lot line opposite the front lot line. For the purposes of a
rear lot line, a single point shall be deemed to be capable of
constituting a line (see Appendix A for illustration).
136. Lot Width
the average horizontal distance between the side lot lines
measured at right angles to the defined line indicating lot
depth (see Appendix A for illustration).
137. 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 (see Appendix A for
illustration).
138. Lot, Interior
a lot other than a corner lot.
139. Lot, Through
a lot bounded on two opposite sides by streets provided
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however that if any lot qualifies as being both a corner lot
and a through lot as herein defined, such lot shall be deemed
a corner lot for the purposes of this By-law.
140. Main Building
Facade
the front wall of the building on the ground floor that
contains the front door to the house. In the case of a corner
lot where the front door faces the exterior side yard, the main
building facade shall mean the ground floor wall of the
habitable (non-garage) portion of the dwelling.
141. Main Wall
the exterior front, side or rear wall of a building, and all
structural members essential to the support of a fully or
partially enclosed space or roof, where such members are
outside of the said exterior wall.
142. Manufacturing
and Processing
a building used for the assembly or development of a product.
143. Manufacturing,
Light
a building used for the assembly or repair or fabrication of
goods and materials utilizing materials which have been
manufactured in another location and which does not produce
waste water in excess of 4500 litres per day, chemical by-
products or utilize any area for open storage of goods or
materials except for equipment or vehicles which are for sale,
lease or hire.
144. Medical Office
a premises used for the medical, dental, surgical and/or
therapeutic treatment of human beings including clinics
operated by a number and/or variety of medical professionals,
but does not include a public or private hospital or office
located in the medical professional's residence.
145. Minimum
Distance
for the purposes of this By-law when used to determine the
separation distance between one use to that of another of the
same or different use or zone, the minimum distance shall
mean the computation of the measurement from the nearest
point on the nearest lot line of the property of the one
proposed or present use, to the nearest point on the nearest lot
line of the property containing the other aforementioned use
or zone. This measurement shall be taken in a straight line
from the nearest point on the nearest lot line of the properties
containing the said uses or zones.
146. Mobile Home
any dwelling that is designed to be mobile, and constructed or
manufactured to provide a permanent residence for one or
more persons in accordance with CSA Z240 or Z241 but does
not include a park model home, travel trailer or tent trailer or
trailer otherwise designed.
147. Motel
one or more buildings, connected or detached designed to be
used for twelve months of each year for the purposes of
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catering to the needs of the transient public by furnishing
sleeping accommodations with or without supplying food, and
may include meeting rooms, limited retail or service
commercial facilities for the convenience of motel patrons,
banquet halls, public dining room, facilities for the temporary
exhibition and sale of goods on an intermittent basis and may
operate under the Liquor License Act but shall not include a
hotel.
148. Motor Vehicle
an automobile, truck, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power, but
does not include the cars of railways, or other motor vehicles
running only upon rails, or a motorized snow vehicle, traction
engine, farm tractor, or road building machine within the
meaning of the Highway Traffic Act.
149. Motor Vehicle
Body Shop
a building or premises used for the painting or repairing of
motor vehicle bodies, exterior and undercarriage, and in
conjunction with which there may be towing service and
motor vehicle rentals for customers while the motor vehicle is
under repair, but shall not include any other establishment
otherwise defined or classified in this By-law.
150. Motor Vehicle
Repair Garage
a building or premises used for the repairing of motor
vehicles, but shall not include the sale of motor vehicle fuels.
151. Motor Vehicle
Service Station
a building or premises used for the sale of motor vehicle fuels
and which may include the following accessory uses: the sale
of motor vehicle parts and accessories, retail and personal
service uses, motor vehicle rental, the servicing and repairing
of motor vehicles and car washes.
152. Motor Vehicle,
Commercial
any commercial motor vehicle within the meaning of the
Highway Traffic Act.
153. Municipality
The Corporation of the Town of Shelburne
154. Museum
a building or premises used for the preservation of a collection
of paintings or other works of art, or of objects of natural
history, or of mechanical, scientific or philosophical
inventions, instruments, models or designs, and dedicated to
the recreation of the public, together with any libraries,
reading rooms, laboratories and other offices and premises
used or to be used in connection therewith.
155. Non-Complying
a lot, building or structure that does not fulfill the
requirements of the zone provisions for the zone in which the
lot, building or structure is located.
156. Non-Conforming
the use of a building, structure or parcel of land which does
not conform, comply or agree with the requirements of this
By-law or is otherwise not permitted as of the date of the
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passing of this By-law.
157. Nursery Or
Garden Supply
Centre
a building or premises, where young trees and other plants are
grown for transplanting or sold for transplanting and may also
include the sale of related accessory supplies.
158. Nursery School
a day nursery within the meaning of the Day Nurseries Act,
and shall include a day care centre.
159. Off-Street Parking
a portion of a building or lot designated by the occupant or
owner for use for the parking of a motor vehicle.
160. Open Space
unoccupied space open to the sky on the same lot with a
building.
161. Open Storage
the uncovered storage or display of goods, materials,
merchandise or equipment on a lot or portion thereof.
162. Park, Passive
a park that requires minimal alteration to the natural terrain or
vegetation and no buildings or structures in excess of 10 m2
and shall include walking trails, natural education and
appreciation areas, and picnic areas but shall exclude trails for
motorized vehicles, outdoor skeet or trap shooting or playing
fields.
163. Park, Private
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, horse-riding and cross-country skiing;
b) Recreational or playground areas such as picnic areas,
tennis courts, lawn bowling greens, outdoor skating rinks,
playing fields and accessory buildings which may include
change rooms, meeting rooms and washrooms.
164. 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 statute of the Province of
Ontario and may include therein neighbourhood, community,
county and special parks or areas and may include one or
more playing fields, field houses, community centres,
bleachers, swimming pools, greenhouses, botanical gardens,
zoological gardens, bandstands, skating rinks, tennis courts,
bowling greens, bathing stations, curling rinks, refreshment
rooms, fair grounds, arenas, or similar uses.
165. Parking Area
an open area of land not located on a public street, private
street or lane which is used for the parking of four or more
motor vehicles, but shall not include any area where motor
vehicles for sale or repair are kept or stored.
166. Parking Garage
a building, or part thereof, used for the storage or parking of
motor vehicles.
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167. Parking Lot
a building and lot, or either in singular, used for the parking of
motor vehicles for gain or profit and may include facilities for
the servicing, cleaning, polishing and greasing of motor
vehicles and the sale of automotive accessories and related
products, but shall not include any other defined automotive
use.
168. Parking Space
an area exclusive of driveways or aisles used for the
temporary parking of one (1) motor vehicle, which has
adequate access to permit ingress or egress of a motor vehicle
to and from the space by means of driveway, aisle,
maneuvering areas or similar areas, no part of which shall be
used for the temporary parking or storage of one (1) or more
motor vehicles.
169. Patio
a platform or surfaced area without a roof, the surface of
which is not more than 0.6 metre above finished grade, which
is designed and intended for use as an accessory to a dwelling
or a commercial use.
170. Person
an individual, association, firm, partnership, corporation, trust,
incorporated company, corporation created under the
Condominium Act, organization, trustee or agent, and the
heirs, executors or other legal representatives of a person to
whom the context can apply according to law.
171. Personal Service
Shop
a building or premises in which persons are employed in
furnishing services and otherwise administering to individual
and personal needs of patrons such as barber shops, beauty
parlours, dry cleaning outlets, hair dressing shops, photograph
studio and shoe repair shops.
172. Pharmacy
a building or premises where drugs (especially medicinal) are
prepared and dispensed, but shall not include a retail store.
173. Place of
Amusement
a premises that contains amusement devices and facilities that
offer games of skill and competition for the amusement of the
public, such as motion simulation rides, virtual reality games,
video games, computer games, laser games and similar types
of uses, but does not include casinos or any other
establishment accommodating gambling or gaming activities,
wagering or betting, video lottery and gaming machines or
any other similar type of gambling use.
174. Place of
Entertainment
a building or premises used for a motion picture or live
theatre, arena, auditorium, planetarium, concert hall and other
similar uses but shall not include an adult entertainment
parlour, any use entailing the outdoor operation or racing of
animals or motorized vehicles, a casino or any other
establishment accommodating or providing gambling or
gaming activities, wagering or betting, video lottery or gaming
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machines, or any other similar type of gambling use.
175. Place of Religious
Assembly
churches, chapels, temples, parish halls and synagogues
including offices for the administration of the religious
institution, convents, seminaries, monasteries, rectories,
parsonages and parish houses recognized by the Province of
Ontario for tax exempt purposes.
176. Planting Strip
an open space free of buildings or structures which is used for
no other purpose than planting a continuous, unpierced
hedgerow of trees, evergreens or shrubs, or other natural
vegetation having a minimum height of 1.5 metre.
177. Playing Field
an area used for the purpose of recreation, athletics, or field
games.
178. Porch
a structure with a roof and at least one side that is open and
unenclosed, that is accessed by stairs from grade and which
provides access to the first storey of a dwelling unit.
179. Premises
an area of a building, structure or lot occupied or used by a
business or enterprise. In a multiple tenancy building occupied
by more than one (1) business, each business area shall be
considered a separate premises. Each individual unit proposed
and/or registered in a draft Plan of Condominium shall also be
considered an individual premises.
180. Printing
Establishment
a building or premises used for blueprinting, engraving,
stereotyping, electro-typing, printing or typesetting, and shall
include a duplicating shop and a letter-shop.
181. Private Academy,
Philanthropic or
Religious School
a school, other than a public or separate school, where
academic subjects are taught or which is maintained for
philanthropic or religious purposes.
182. Provincial
Highway
an improved public road under the jurisdiction of the Ministry
of Transportation.
183. Public Authority
any School Board, Public Utility Commission, Transportation
Commission, Public Library Board, Board of Parks
Management, Board of Health, Board of Commissioners of
Police, Planning Committee or other board or commission or
committee of the Town of Shelburne or The County of
Dufferin established or exercising any power or authority
under any general or special statute of Ontario with respect to
any of the affairs or purposes of the Municipality or a portion
thereof, and includes any committee of local authority
established by a by-law of the Municipality.
184. Public Utility
any building and/or structure used for the supply of
electricity, gas, steam and water and for telephone,
telecommunications, cable television, transportation, drainage,
sewage treatment and incineration services supplied to the
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public or made available for the use or consumption of the
public.
185. Recreational
Establishment
a use of land, building or structure that has been designed and
equipped for the conduct of athletic and leisure time activities
including but not limited to a public hall, billiard or pool
room, bowling alley, ice/curling or roller skating rink,
swimming pool, miniature golf or driving range, an
establishment offering three or more electronic video games
for public use and other similar uses, but shall not include a
commercial fitness centre, adult entertainment parlour, any
use entailing the outdoor operation or racing of animals or
motorized vehicles, a casino or any other establishment
accommodating or providing gambling or gaming activities,
wagering or betting, video lottery or gaming machines, or any
other similar type of gambling use, or any other sports or
leisure time use otherwise defined in this By-law.
186. Recreational
Establishment,
Public
any Recreational Establishment as defined by this by-law
owned and operated on behalf of the Town of Shelburne,
County of Dufferin or School Board recognized by the
Province of Ontario.
187. Recreational
Vehicle
any vehicle that is suitable for being attached to a motor
vehicle for the purpose of being drawn or is self-propelled,
and is capable of being used on a short term recreational basis
for living, sleeping or eating accommodation of human beings
and includes a travel trailer, pick-up camper, motorized
camper or tent trailer.
188. Recreational
Vehicle Sales and
Service
Establishment
Means buildings, lands, or structures or part thereof used for
the sale, lease or rental, and service of recreation vehicles
including snowmobiles, boats and all terrain vehicles
and accessories.
189. Rental Store
a building or premises where goods are kept for the purpose of
temporary loan to the public. A sum of money is paid for the
use of the goods for a set period of time and after which the
goods are returned. However, a rental store shall not include
an automotive leasing establishment.
190. Repair Shop
a building or premises used primarily for the repair of
household articles but shall not include shops for the repair of
internal combustion engines, motor vehicles or other similar
uses.
191. Research and
Development
Facility
a building or premises where facilities for scientific research,
investigation, testing, or experimentation are located, but not
facilities for the manufacture or sale of products, except as
incidental to the main purpose of the facility.
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192. Reserve
a strip of land abutting a public street and owned by the
authority having jurisdiction over such a public street.
193. Resource
Management
the preservation, protection and improvement of the natural
environment through comprehensive management and
maintenance, under professional direction for both the
individual and society's use, both in the present and the future.
Resource Management uses also means the management,
development and cultivation of timber resources to ensure the
continuous production of wood or wood products, the
provision of proper environmental conditions for wildlife, the
protection against floods and erosion, the protection and
production of water supplies and the preservation of the
recreational resource.
194. Rest Home
any building in which persons are harboured, received or
lodged and where, in addition to sleeping accommodations
and meals, nursing, medical or similar care and treatment may
be provided, but shall not include a hospital.
195. Restaurant
a premises in which the principal business is the preparation
and serving of food and refreshments to the public for
consumption at tables within or outside the building and
which may include the preparation of food in a ready-to-
consume state for consumption off the premises.
196. Restaurant, Drive-
Through
a premises in which the principal business is the preparation
and serving of food and refreshments to the public who
remain in their motor vehicles to be served.
197. Restaurant, Take-
out
a place where food and drinks are prepared and offered for
sale to the public but does not necessarily provide facilities for
consumption thereof on the premises other than in parking
areas.
198. Retail Store
a building or premises where goods, wares, merchandise,
substances or articles, are offered or kept for sale at retail and
includes storage on or about the store premises of limited
quantities of such goods, wares, merchandise, substances, or
articles sufficient only to service such stores but does not
include any retail outlet otherwise classified or defined in this
By-law.
199. Retaining Wall
a wall built as a grade separation structure.
200. Retirement Home
a premises that provides accommodation primarily to retired
persons or couples where each private bedroom or living unit
has a separate private bathroom and separate entrance from a
common hall but where common facilities for the preparation
and consumption of food are provided, and where common
lounges, recreation rooms and medical care facilities may also
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be provided.
201. Right-of-Way
a private road which affords access to abutting lots and does
not include a lane, road or street.
202. Rooming Unit
a room or rooms for accommodation other than a dwelling
unit or other form of accommodation defined elsewhere in this
By-law with sleeping facilities but without private toilet
facilities.
203. School
a public or separate school, a high school, private school,
continuation school, technical school, vocational school,
college, university or other educational institution, authorized
by the Province of Ontario, but not a School, Commercial.
204. School,
Commercial
a premises used as a school conducted for gain, including a
studio of a dancing teacher or a music teacher, an art school, a
golf school, school of calisthenics, business or trade school
and any other such specialized school.
205. School, Private
a premises used as an academic school which secures the
major part of its funding from sources other than government
agencies.
206. School, Public
a public or separate school, a high school, a continuation
school, a technical school, a college or university or any other
school including an independent school established by the
public and operated on a non-profit basis.
207. Senior Citizens
Home
a building used to board and lodge senior citizens, with or
without medical care, whether under private or public
ownership, and approved under the provisions of the Long-
Term Care Homes Act.
208. 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.
209. Service Shop,
Light
a shop not otherwise classified or defined in this By-law that
does not produce noise or scrap, whether conducted in
conjunction with a retail store or not, for servicing or
repairing radio and television receivers, vacuum cleaners,
refrigerators, washing machines, sewing machines and other
household and domestic appliances, musical instruments,
sound and public address systems, garments and hosiery,
shoes, cameras, toys, jewellery, watches, clocks, safes and
locks, bicycles, wheelchairs, orthopedic appliances and
similar article of personal use; and also may include a
hardware store, a computer equipment sales, service and
supply outlet, and a photographic processing laboratory and
supply outlet.
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210. Setback
the distance between a lot line and the nearest main wall of
any building or structure, or as otherwise specified in the By-
law also means the distance between a street centreline, street
line, lane, right-of-way, public street, zone or other line,
boundary or point and the nearest main wall of a building or
closest part of a structure (see Appendix A for illustration).
211. Sewage
the waste water and matter from any use.
212. Shopping Centre
a group of commercial uses, which are designed, developed
and managed as a unit by a single owner or tenant, or a group
of owners or tenants, with off-street parking provided on the
property, as distinguished from a business area comprised of
unrelated individual uses.
213. Sight Triangle
a triangular area of land on a corner lot, free of buildings or
structures, formed by measuring from the point of intersection
of street lines to a point the distance required by this By-law
along each such street line and joining such points with a
straight line.
214. Sign
any structure, device, light or natural object including the
ground itself, or any part thereof, or any device attached
thereto, or painted or represented thereon, which is used to
identify, advertise or attract attention to any object, product,
place, activity, person, institution, organization, firm, group,
commodity, profession, enterprise, industry or business, or
which displays or includes any letter, work, model, number,
banner, flag, pennant, insignia, device or representation used
as an announcement, direction or advertisement, that is
intended to be seen from off the premises or from a parking
lot.
215. Site Plan
a scaled drawing showing the relationship between lot lines
and any use, buildings or structures existing or proposed on a
lot, including such details as parking areas, driveways,
walkways, landscaped areas, building areas, lot sizes, building
heights, floor areas, densities, areas for special uses, tile beds
and reserve areas if required, woodlots, and contour lines.
216. Solar Collector
a structure used for the collection of solar energy or for the
purposes of converting such energy for heating, lighting,
water production or any other domestic or commercial use
that may be obtained from such sources.
217. Special Needs
Housing Facility
a facility licensed or funded under a federal or provincial
statute for the accommodation of more than eight persons,
exclusive of staff, living under supervision in a single unit and
who, by reason of their emotional, mental, social or physical
condition, require a group living arrangement for their well
being. This shall also include a halfway house.
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218. Storey
that portion of a building other than a cellar or attic storey
which is included between one floor level and the next higher
floor level or the ceiling.
219. Street
a public highway subject to the provisions of the Municipal
Act and which affords a principal means of access to abutting
lots.
220. Street Line
the limit of the street or road allowance and is the dividing
line between a lot and street or road.
221. Street or Road,
Public
a public highway as defined by the Municipal Act and the
Highway Traffic Act and shall exclude a lane or any private
right-of-way or unopened road allowance, or any street which
is shown on a Registered Plan of Subdivision that has been
deemed not to be a registered plan of subdivision under the
Planning Act, or has not been assumed by the Town.
222. Street Townhouse
Development
a minimum of four (4) dwelling units which are attached
above and below grade by either the entire length of the
garage or by the entire length of the main common wall and
all of which front on a street.
223. Structure
anything that is erected, built or constructed of parts joined
together and attached or fixed permanently to the ground or
any other structure. For the purpose of this By-law, a fence
that has a height of 2 metres or less, a retaining wall that has a
height of 1 metre or less, a light standard and a sign shall be
deemed not to be structures.
224. Swimming Pool
any body of water contained by artificial means located
outdoors on privately owned property in which the depth of
the water at any point can exceed 0.6 metre and shall include
any accessory deck or support structure.
225. Tavern
a building or premises or part thereof which is primarily used
for the sale and service of alcoholic beverages with or without
entertainment and shall not include a restaurant.
226. Taxi
an automobile used for a commercial purpose that being the
carrying of passengers for a fee.
227. Tent
any kind of temporary shelter that is not permanently affixed
to the site and that is capable of being easily moved and is not
considered a structure.
228. Theatre
a building or premises used as a place of public assembly
intended for the production and viewing of the performing arts
or the screening and viewing of motion pictures and
consisting of an auditorium with permanently fixed seats
solely for a viewing audience.
229. Town
The Corporation of the Town of Shelburne.
230. Tourism
a building or premises used for an establishment dedicated to
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Information
Centre
providing resources and information for people visiting an
area for recreation and vacations.
231. Trade and
Convention Centre
a premises where facilities are provided for the displaying of
goods and/or services for the general public, such as an auto
show or a computer trade show or where groups of people
meet for civic, educational, political, religious or social
purposes.
232. Trailer
a trailer as defined in the Highway Traffic Act and shall also
include a travel or tent trailer; and any vehicle designed to be
towed by a motor vehicle for the purpose of transporting or
storage of goods, materials, equipment or livestock such as
boat, snowmobile or tool trailers.
233. 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 permanently attached and a current license and is
not permanently affixed to the ground, and shall also include
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.
234. Training and
Rehabilitation
Centre
a building or premises with facilities providing educational,
pre-vocational, vocational and life-skill training to individuals.
235. Transit Station
a building or structure or a portion of a building or structure
or an area of land that is used for the temporary parking of
transit vehicles and the picking up and dropping off of
passengers using a public transit system.
236. Transmission
Establishment,
Radio &
Television
Microwave
a structure used for the purpose of sending and/or receiving a
communications signal.
237. Transport
Terminal
the use of land for the purpose of storing, servicing, washing,
repairing or loading of trucks and/or transport trailers with
materials or goods which are not manufactured, assembled,
warehoused, or processed on the same lot.
238. Use
a) Any purpose for which a building or other structure or a
parcel of land may be designed, arranged, intended,
maintained, or occupied; or,
b) Any activity, occupation, business or operation carried
on, or intended to be carried on, in a building or other
structure or on a parcel of land.
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239. Use, Commercial
the use of land, buildings or structures for the purpose of
buying and selling commodities and supplying of services, as
distinguished from such uses as manufacturing or assembling
of goods, warehousing, transport terminals, construction and
other similar uses.
240. Use, Industrial
a premises used for the warehousing of goods and materials,
the assembly of manufactured goods, the manufacturing and
processing of goods, the repair and servicing of goods and
similar uses, but does not include a motor vehicle repair
garage, a motor vehicle body shop or a motor vehicle service
station. For the purposes of this definition, research
laboratories and printing establishments are considered to be
industrial uses.
241. Use, Institutional
a building or part of a building used for non-commercial, non-
profit purposes by an organized body, religious group or
society such as a public hospital, library, convent or similar
use.
242. Use, Non-
Residential
a building or premises designed, intended, or used for
purposes other than that of a dwelling.
243. Use, Principal
the primary purpose for which a lot, building or structure is
used, or is intended to be used.
244. Use, Residential
the use of land and buildings for human habitation.
245. Utility
"a Public Utility" as defined by the Public Utilities
Corporation Act, and provides the public with electricity, gas,
heat, rail transportation, water, sewage, collection or other
public service.
246. 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 the cars of electric or steam railways running only
upon rails.
247. Vehicle,
Recreational
a vehicle designed to provide temporary living
accommodation but does not include a mobile home, travel
trailer or other vehicle defined herein.
248. Veterinary Clinic
a premises where a veterinary surgeon treats domestic
animals, birds or livestock and in which such animals may be
boarded as required as part of their treatment, but does not
include a kennel.
249. Veterinary Clinic,
Small Animal
a premises where one or more licensed veterinarian(s) and any
associated staff provide medical, surgical or similar services
solely for domestic pets and may include grooming services
and overnight recovery areas but shall not include a kennel or
any facilities for the boarding of animals beyond the term
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required for treatment and recovery or for the cremation or
disposal of dead animals.
250. Video Sales or
Rental Outlet
means an establishment where pre-recorded video tape, video
discs, game cartridges, DVD's or other similar pre-recorded
materials are offered for rent or sale and where video cameras
or video players/recorders may be offered for rent, but shall
not include the sale of electronic video equipment and other
electronic home entertainment products or an adult video
store.
251. Warehouse
a building where wares or goods are stored, but shall not
include a retail store and shall not include a truck or transport
terminal or yard.
252. Waste Disposal
Area
a land fill site where garbage, refuse, domestic or industrial
waste, exclusive of liquid industrial waste, is disposed of or
dumped.
253. Water Supply
a distribution system of underground piping and related
storage facilities for water including pumping and purification
facilities owned and operated by the Town of Shelburne, the
County of Dufferin and/or the Ontario Ministry of the
Environment.
254. Watercourse
the natural or man-made bed and shore of a river, lake, stream
or creek where the primary focus is the conveyance or
containment of water whether the flow is continuous or not.
255. Wellhead
Protection Area
the surface and subsurface area surrounding a water well or
well field that supplies a public water system and through
which contaminants are reasonably likely to move so as
eventually to reach the water well or well field.
256. Wholesale
Establishment
a building or premises used for the storage and sale of
quantities of goods and materials for resale or business use.
257. Wind Turbine
a structure comprised of a tower and rotating blades designed
to convert wind energy to electrical power.
258. Workshop
a building or premises where manufacturing is performed by
tradesmen requiring manual or mechanical skills and may
include a carpenter's shop, a locksmith's shop, a gunsmith's
shop, a plumbing and electrical contractor's or a heating /air
conditioning contractor's shop, a commercial welder's shop, or
similar uses.
259. Yard
an open, uncovered space on a lot appurtenant to a building
and unoccupied by buildings or structures except as
specifically permitted in this By-law (see Appendix A for
illustration).
260. Yard, Exterior
Side
the yard of a corner lot extending from the front yard to the
rear yard between the exterior side lot line and the nearest
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main walls of the main building or structure on the lot (see
Appendix A for illustration).
261. 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, or the nearest open
storage use on the lot, or the edge or rim of an excavation (see
Appendix A for illustration).
262. Yard, Interior Side
a yard other than an exterior side yard which extends from the
front yard to the rear yard between the interior side lot line
and the nearest main walls of the main building or structure
on the lot (see Appendix A for illustration).
263. Yard, Maximum
the maximum distance of a yard from a lot line. In calculating
the maximum yard, the minimum horizontal distance from the
respective lot line shall be used.
264. Yard, Minimum
Required
the minimum distance of a yard required from a lot line. No
part of a required minimum yard for a building or structure
shall be included as part of a required minimum yard for
another building or structure. In calculating minimum
required yards, the minimum horizontal distance from the
respective lot lines shall be used.
265. Yard, Rear
a yard extending across the full width of the lot between the
rear lot line and the nearest wall of any building, or the
nearest open storage use on the lot, or the edge or rim of an
excavation on the lot for which the yard is required (see
Appendix A for illustration).
266. Yard, Side
open space extending from the front yard to the rear yard
between the side lot line and the nearest main side wall of any
building or structure on the lot (see Appendix A for
illustration).
267. Zone
a designated area of land use shown on the Zoning Schedules
of this By-law.
268. 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 floor area, the
minimum landscaped open space, the maximum height of
buildings, minimum parking requirements, and all other zone
provisions are set out within the By-law for the respective
zones.
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SECTION 6
ENACTMENT
6.1
FORCE AND EFFECT
This By-law shall come into force and effect on the date it is passed by
the Council of the Corporation of the Town of Shelburne subject to the
applicable provisions of the Planning Act.
6.2
By-law 16-1992, as amended, is hereby repealed.
6.3
READINGS BY COUNCIL
THIS BY-LAW READ A FIRST TIME ON THE 10th DAY OF September,
2007.
THIS BY-LAW READ A SECOND TIME ON THE 10th DAY OF
September, 2007.
THIS BY-LAW READ A THIRD TIME AND FINALLY PASSED ON THE
10th DAY OF September, 2007.
MAYOR: ___________________
(MUNICIPAL SEAL)
CLERK: ____________________
6.4
CERTIFICATION
I hereby certify that the foregoing is a true copy of Zoning By-law No.
38-2007 as enacted by the Council of the Corporation of the Town of
Shelburne, on the 10th day of September, 2007.
CLERK: ____________________
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APPENDIX A: ILLUSTRATIONS
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APPENDIX B
The Minimum Distance Separation (MDS) Formulae Implementation Guidelines
(Publication 707), Ministry of Agriculture, Food and Rural Affairs provides
detailed information on both the MDS I and MDS II formulae.
APPENDIX B TO BY-LAW 38-2007
Minimum Distance Separation (MDS) Formulae
Implementation
Guidelines
Publication 707
Ministry of Agriculture, Food and Rural Affairs
MDS
Implementation
Guidelines
Publication 707
Ministry of Agriculture, Food and Rural Affairs
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Need Technical or Business Information?
Contact the Agricultural Information Contact centre at
1-877-424-1300
or
[email protected]
For information or to obtain copies of this or any other ministry publication, please call
1-888-466-2373 from within Ontario or OMAFRA's TTY line at (519) 826-7402 for the
hearing impaired; e-mail your requests to [email protected] or visit the
OMAFRA website at www.omafra.gov.on.ca. Orders can be faxed to (519) 826-3633
or mailed to Service Ontario, 1 Stone Road West, Guelph, ON N1G 4Y2.
For more information on provincial acts and regulations, visit Ontario Statutes and
Regulations website at www.e-laws.gov.on.ca.
Published by the Ministry of Agriculture, Food and Rural Affairs
© Queen's Printer for Ontario, 2006 Toronto, Canada
ISBN 1-4249-1815-4
09-06-4M
i
Preface
PREFACE
Separation siting of Ontario livestock barns originated in 1970, with the introduction
of the document A Suggested Code of Practice. Ontario was experiencing what at the
time seemed like a proliferation of new, large livestock and poultry barns. 'Large' at that
time was 600 feeder hogs, 60 dairy cows, or 15,000 chicken broilers. These seem small
by today's standards. Today, large barns are commonly triple the size of those of the
past, accommodating 2,000 feeder hogs, 250 dairy cows, or 50,000 chicken broilers at
one time. To address nuisance effects associated with odour, A Suggested Code of Practice
recommended fixed minimum separation distances between livestock or poultry barns
and neighbouring houses, residential zones, lot lines and roads.
A Suggested Code of Practice encouraged farmers to apply for a Certificate of Approval
from the government. The Certificate outlined the minimum amount of land required
based on the avoidance of risk to ground water pollution by compounds of nitrogen,
and the number of animal units on the farm. A Suggested Code of Practice rationalized
that the effect of objectionable odours in a neighbourhood could be reduced if livestock
and poultry facilities were located as far as practically possible from nearby dwellings. It
recommended simple, fixed minimum separation distances for both the
proposed barn and manure storages.
Revisions were made in a subsequent edition of A Suggested Code of Practice in 1973.
While it contained a framework for the establishment and expansion of livestock
enterprises, it provided little protection from encroachment by other land uses.
In 1976, the Agricultural Code of Practice was published which incorporated a number
of changes and provided a two-way approach to separating livestock and poultry barns
from non-compatible uses and vice-versa. It introduced the concept of a sliding scale
for separation distances, since fixed distances were too restrictive, or too lenient,
depending on the size and type of farm.
In 1976, the Minimum Distance Separation I (MDS I) formula was established to
determine the minimum separation distances between proposed new development and
existing livestock facilities and/or permanent manure storages.
The Minimum Distance Separation II (MDS II) formula was developed to determine
the minimum separation distances between proposed new, enlarged or remodelled
livestock facilities and/or permanent manure storages and other existing or approved
development.
ii
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Both formulae were updated slightly in 1995 in two documents entitled, Minimum
Distance Separation I (MDS I) and Minimum Distance Separation II (MDS II) but the
basic principles of the formulae remained the same.
This document replaces all earlier versions of the MDS Formulae.
A review of this document will be undertaken by OMAFRA every five years to ensure
the document reflects current land use planning practices and technological innovation
within the livestock industry, and continues to meet the needs of agriculture and rural
communities.
NOTE TO THE USER REGARDING CD SOFTWARE - To assist municipalities, farmers,
consultants and the general public, as a public service, OMAFRA has developed a
software program for distribution and use with the MDS Formulae. The 2006 version
distributed by OMAFRA will be considered to be the official version for purposes of
calculating MDS. OMAFRA is not responsible for errors due to inaccurate or incorrect
data or information; mistakes in calculation; errors arising out of modification of the
software, or errors arising out of incorrect inputting of data. All data and calculations
should be verified before acting on them.
New urban development meets an existing livestock facility
iii
Table of Contents
TABLE OF CONTENTS
BACKGROUND
1
DEFINITIONS
5
IMPLEMENTATION GUIDELINES -
MINIMUM DISTANCE SEPARATION FORMULAE
General Rules and Application of MDS Formulae
9
Determining Livestock Facility Capacity
13
Anaerobic Digesters
14
MDS Formulae and Factors
16
Type A and B Land Uses
21
Applying MDS - Measurement of MDS Setbacks
24
Applying MDS - Minor Variances
25
MDS I Calculation Form
27
MDS II Calculation Form
35
FACTOR TABLES
Table 1: Factor A (Odour Potential) and Factor D
(Manure or Material Form in Storage Facility)
42
Table 2: Factor B (Nutrient Units Factor)
46
Table 3: Factor C (Orderly Expansion Factor)
47
Table 4: Factor E (Encroaching Land Use Factor)
48
Table 5: Permanent Manure or Material Storage Types
49
Table 6: MDS I/II Separation Distances for Permanent
Manure or Material Storage Types in Table 5
50
Appendix: Manure or Material Storage Types
52
ADDITIONAL INFORMATION
54
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
1
Background
BACKGROUND
Rural Ontario continues to evolve and change. Farms are increasing in size and
complexity. Fewer people living in rural areas are farmers. In 2001, rural residents
accounted for about 17 percent of Ontario's total population of 11.5 million people.
Farmers made up only one percent of Ontario's total population, and only six percent
of the rural population. Only about 1 in 18 people living in rural Ontario actually farms.
The number of farmers continues to decrease.
Agriculture continues to evolve and change. Agriculture in Ontario is diverse with a
larger number of different crops and commodities. Agriculture in Ontario contributes
jobs and billions of dollars per year to the provincial economy.
Increasingly, farm operators are finding it more and more difficult to expand or establish
new livestock operations, especially in parts of the province, where historically there
has been a great deal of fragmentation of the agricultural land base, through lot creation.
Successful livestock operations are limited in the areas where they can affectively be
located on suitable agricultural land and away from potential land use conflicts with
neighbouring non-farm development. In recognition of the need to protect agricultural
lands for agricultural land uses, the province has adopted land use policies which
protect agricultural land and farm operations.
The Provincial Policy Statement, 2005 (PPS), is issued under the Planning Act and
provides policy direction on land use planning matters of provincial interest. The PPS
provides that the primary purpose and use of prime agricultural areas is for agriculture.
Policy 2.3.1 of the statement reads:
Prime agricultural areas shall be protected for long-term use for agriculture.
Prime agricultural areas are areas where prime agricultural lands predominate.
Specialty crop areas shall be given the highest priority for protection, followed by
Classes 1, 2 and 3 soils, in this order of priority.
The PPS sets out policies for prime agricultural areas and rural areas, which ensure that
these areas are protected for agricultural uses in the long term. The Planning Act
requires that municipal council decisions on land use planning matters be consistent
with the Provincial Policy Statement. Municipalities are encouraged to adopt policies in
2
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
their official plans and zoning by-laws, that are more stringent than the PPS, and that
work towards controlling or limiting future development that would not be compatible
with agricultural uses and livestock operations. A principle of land use planning is the
grouping together of compatible land uses and the separating of incompatible land uses.
Unfortunately, in rural areas this principle of separating different and incompatible
land uses has not always been applied. As in many urban areas where industry and
residences are located side-by-side, conflicts about the way business is carried out
sometimes arise between farmers and their rural neighbours. Even with the best
management practices, noise and dust cannot be eliminated from certain agricultural
operations and odours are often associated with livestock production.
The objective of Minimum Distance Separation (MDS) Formulae is to minimize nuisance
complaints due to odour and thereby reduce potential land use conflicts. MDS does not
account for other nuisance issues such as noise and dust.
The separation distances calculated by MDS 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. History shows, that where there has been sufficient
separation distance between differing rural uses, there have been few odour complaints.
MDS applies in both rural areas and in prime agricultural areas of municipalities, as
directed in policies 1.1.4.1(c) and 2.3.3.3 of the PPS:
New land uses, including the creation of lots, and new or expanding livestock
facilities shall comply with the minimum distance separation formulae.
A separate document available from the Ontario Ministry of Agriculture, Food and
Rural Affairs (OMAFRA), Guide to Agricultural Land Use, (Publication 824) contains
advice on avoiding or reducing the potential for conflict between neighbouring land
uses through appropriate farm practices. It explains the role of agricultural land use
planning and advises on conflict avoidance and resolution. For rural non-farm residents,
the guide provides an overview of agricultural practices and how to minimize their
environmental impacts.
When a neighbour is bothered by what they perceive as abnormal odours, noise or
dust, he or she should first try resolving the matter by speaking with the farmer believed
to be creating the nuisance. If the complaint is not resolved, neighbours or farmers can
seek assistance from a local Municipal Agricultural Advisory Committee, which has
been established to deal with nuisance issues, if one exists. If further mediation is still
necessary, neighbours or farmers can contact OMAFRA's Agricultural Information
Contact Centre at 1-877-424-1300. The Contact Centre will arrange for the appropriate
OMAFRA staff person to contact the parties and facilitate a conflict resolution process.
For those issues that cannot be resolved through mediation, the Normal Farm Practices
Protection Board, established under the Farming and Food Production Protection Act,
1998, provides a forum for complaint resolution other than the courts.
3
Background
While MDS is an important and effective tool for dealing with nuisance issues related
to odour, it will not eliminate all potential for odour complaints, nor will it address
other nuisance issues such as noise, dust, light, smoke, vibration or flies. The MDS
formulae is only intended to deal with odour generated from livestock facilities, such as
barns and manure storages, and is not intended to address nuisance issues related to
odour from land application of manure. In addition to the MDS formulae, municipalities
are encouraged to develop policies in their official plans and zoning by-laws to address
Policy 2.3.5.2 and Policy 1.1.3.9 of the PPS, and provide for mitigation of impacts
from new or expanding settlement areas and non-agricultural uses on surrounding
agricultural operations.
For additional information about resolving nuisance complaints, see the Factsheet,
The Farming and Food Production Protection Act (FFPPA) and Nuisance Complaints,
Order No. 05-013 or the Citizen's Guide to the Farming and Food Production Protection
Act and the Normal Farm Practices Protection Board are available from OMAFRA's
Agricultural Information Contact Centre, 1-877-424-1300 or the ministry's website
www.omafra.gov.on.ca.
Anaerobic digesters are able to convert manure into methane, then into electricity
for use on the farm or for sale to others
4
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
5
Definitions
DEFINITIONS
Except for references to legislation which are traditionally in italics, italicized terms
in this document are defined in the Definitions section below.
Agricultural use - As defined in the Provincial Policy Statement, 2005, this means
the growing of crops, including nursery and horticultural crops; raising of livestock;
raising of other animals for food, fur or fibre, including poultry and fish; aquaculture;
apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and
structures, including accommodation for full-time farm labour when the size and nature
of the operation requires additional employment.
Agricultural-related uses - As defined in the Provincial Policy Statement, 2005,
this means farm-related commercial and farm-related industrial uses that are small scale
and directly related to the farm operation and are required in close proximity to the farm
operation. Examples of this use include animal husbandry services, produce or grain
storage facilities, and seed dealers.
Anaerobic digester - An enclosed vessel in which micro-organisms break down
organic materials (e.g. manure and other organic materials), in the absence of oxygen,
resulting in the production of biogases, consisting primarily of methane and carbon
dioxide. The Minimum Distance Separation Formulae is to be applied to on-farm
anaerobic digesters, which utilize manure as an input. An on-farm anaerobic digester
may include a co-substrate input tank fitted with a tight cover, in which permitted
off-farm non-agricultural source materials are temporarily stored before feeding into
the anaerobic digester.
Catastrophe - An unanticipated, disastrous loss of part, or all, of a livestock facility
due to fire, collapse, flood, wind, or other such event.
Commercial use - The use of land, building or structure for the purpose of buying
and/or selling commodities and supplying services, such as automotive service stations,
car washes, convenience retail shops, hotels or motels, shopping centres and
supermarkets.
Co-substrate input tank (CSIT) - Storage for containing permitted non-agricultural
wastes that will be blended with manure in an on-farm anaerobic digester in order to
increase biogas production.
6
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Digestate - End product from the anaerobic digestion of manure (and possibly
permitted co-substrate input tank materials) that has a significant reduction in pathogens
and odour.
Dwelling - Any building that is used or designed for use as a domestic establishment
in which one or more persons may sleep and prepare and serve meals.
Empty facility - A livestock facility that does not currently contain any manure,
house any livestock, or contain organic material used for anaerobic digesters.
Existing livestock facility - A livestock facility, or a portion of a livestock facility,
intended for keeping or housing of livestock and containing one or more barns or
structures. Includes manure or material storages, whether associated with a livestock
facility or not, and anaerobic digesters, which have already been constructed.
Expanded livestock facility - Any building activity to construct or expand a
livestock facility that requires a building permit and results in an increase, or decrease,
in Nutrient Unit capacity on a lot, where there already was some existing Nutrient
Unit capacity.
First livestock facility - Any building activity to construct a livestock facility that
requires a building permit and results in an increase in Nutrient Unit capacity on a lot,
where there was no existing Nutrient Unit capacity.
Housing capacity - Maximum livestock capacity for all facilities on a lot at any time,
even if currently empty but able to house livestock.
Industrial use - The use of land, buildings or structures for the purpose of
manufacturing, processing, fabricating or assembly of raw materials or goods,
warehousing or bulk storage of goods, and related accessory uses.
Institutional use - The use of land, buildings or structures for public or social
purposes, including religious, governmental, educational, charitable, health, or other
non-commercial uses, and may include cemeteries, places of worship, municipal
buildings, police and fire stations, schools, hospitals, and seniors complexes.
Livestock - Includes dairy, beef, swine, poultry, horses, goats, sheep, ratites,
fur-bearing animals, deer & elk, game animals, birds, and other animals identified
in Table 1.
Livestock facility - One or more barns or permanent structures with livestock-
occupied portions, intended for keeping or housing of livestock. A livestock facility also
includes all manure or material storages and anaerobic digesters.
7
Definitions
Livestock occupied portion - Areas of livestock facilities where livestock spend
the majority of their time, allowing substantial amounts of manure to accumulate,
but not including feed preparation rooms, milking centres, offices, washrooms, riding
arenas, livestock loading chutes, or livestock assembly areas.
Lot(s) - A parcel or tract of land, within a registered plan or subdivision or described
in a deed or other legal document, that is capable of being legally conveyed.
Manure or material storage - Permanent storages, which may or may not be
associated with a livestock facility containing liquid manure (< 18% dry matter), solid
manure (> 18% dry matter), or digestate (< 18% dry matter). Permanent storages may
come in a variety of:
- locations (under, within, nearby, or remote from barn)
- materials (concrete, earthen, steel, wood)
- coverings (open top, roof, tarp, or other materials)
- configurations and shapes
- elevations (above, below or partially above grade)
Multiple residential - Three or more residential units in the same structure.
Nutrient Unit (NU) - An amount of nutrients that give a fertilizer replacement value
of the lower of 43 kilograms of nitrogen, or 55 kilograms of phosphate as nutrient
(as defined in Ontario Regulation 267/03 made under the Nutrient Management Act, 2002).
Recreational use - high intensity - Recreational use that usually includes
buildings and/or a higher density or concentration of human activity such as golf
courses, sports fields, trailer parks, campgrounds and conservation areas with facilities.
Recreational use - low intensity - Recreational use that usually does not
require buildings, does not alter the soil or topography, and/or has a lower density or
concentration of human activity such as open space and environmental areas.
Residential use - The use of land, buildings or structures for human habitation.
Rural residential cluster - Four, or more, adjacent rural lots, generally one
hectare or less in size, sharing a common contiguous boundary. Lots located directly
across a road from one another shall be considered as having a common boundary.
8
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Settlement areas - As defined in the Provincial Policy Statement, 2005, this means
urban areas and rural settlement areas within municipalities (such as cities, towns,
villages and hamlets) that are:
a)
built up areas where development is concentrated and which have a mix of
land uses; and
b)
lands which have been designated in an official plan for development over the
long term planning horizon provided for in policy 1.1.2. In cases where land in
designated growth areas is not available, the settlement area may be no larger
than the area where development is concentrated.
Rural residential clusters are not considered settlement areas, unless designated as such
in a municipal official plan.
Storage capacity - Maximum storage volume (measured as cubic feet or cubic
metres) of all storages for manure, or digestate treated through an anaerobic digester,
on a lot at any time, even if currently empty but able to store these materials.
Tillable hectares - Land, including pasture that can be worked or cultivated to
grow crops.
An overhead view of a concrete liquid manure storage facility
9
Implementation Guidelines - Minimum Distance Separation Formulae
IMPLEMENTATION GUIDELINES -
MINIMUM DISTANCE
SEPARATION FORMULAE
Implementation
MDS I
MDS II
Guideline
1. Application of MDS and reference
in municipal planning documents
2. What MDS does
and does not apply to
3. MDS and manure transfer facilities
MDS Formulae and criteria are to be referenced in official plans, included in zoning
by-laws and applied in designations and zones where livestock facilities are a
permitted use. MDS will be applied in Prime Agricultural Areas and Rural Areas
as defined by the Provincial Policy Statement, 2005.
MDS applies to livestock facilities. It does not apply to abattoirs, apiaries,
assembly yards, fairgrounds, feed storages, field shade shelters, greenhouses, kennels,
livestock facilities that are less than 10 m2 (108 ft2) in floor area, machinery sheds,
mushroom farms, pastures, slaughter houses, stockyards, or temporary field
nutrient storage sites (as defined under the Nutrient Management Act, 2002).
Some livestock facilities require small facilities for holding some manure before
transfer to long-term permanent storage, or transfer to field spreading areas, or
transfer off the farm entirely. Examples include: small tanks inside or just outside the
barn for settling out sand from liquid dairy manure; small sumps inside or just
outside the barn for collection and/or mixing of liquid manure from several barn
areas; or concrete pads at the end of chicken broiler barns where solid manure is
pushed outside awaiting pickup by a trucker. These facilities should be considered as
part of the barn and have the same MDS setbacks as the barn.
General Rules and Application of the Minimum Distance
Separation Formulae
The following implementation guidelines speak to some of the general rules regarding the MDS Formulae, and how they are
to be referenced in planning documents and applied to land use applications and building permits. This section also highlights
some of the specific instances where MDS Formulae are applied and exceptions where they are not applied.
The following section outlines the specific implementation guidelines that need to be considered as part of the
application and calculation of the Minimum Distance Separation (MDS) Formulae. To assist the user the implementation
guidelines have been organized into six sections.
10
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Implementation
MDS I
MDS II
Guideline
4. MDS and earthen manure storages
MDS I is applied to earthen storages,
despite the fact they are not considered
to be a building.
Best management practices recommend
the MDS formula be followed for earthen
manure storages, and this is backed up
by the Provincial Policy Statement, 2005,
'New land uses, including the creation of
lots and new or expanding livestock
facilities shall comply with the minimum
distance separation formulae'.
MDS II is triggered when a building
permit is required, but because
earthen storages are not considered to
be a building, they do not require a
building permit. However, this does not
exclude them from the requirement for
siting according to the MDS formula.
Best management practices
recommend the MDS formula be
followed for earthen manure storages,
and this is backed up by the Provincial
Policy Statement, 2005, 'New land
uses, including the creation of lots and
new or expanding livestock facilities
shall comply with the minimum distance
separation formulae'.
5. When are MDS Formulae
implemented and applied?
MDS I is applied at the time of planning
and/or development review for proposed
new development, such as lot creation,
building permits for development on a lot in
accordance with Implementation Guideline #
6, rezoning or redesignation of agricultural
land to permit development, in proximity to
existing livestock facilities on an existing or
proposed separate parcel of land.
MDS II is applied at the time of
building permit application to build a
first or expanded livestock facility.
6. MDS and surrounding
development. When is MDS applied?
MDS I is applied to all livestock facilities
reasonably expected to be impacted by the
proposed development, lot creation,
rezoning or redesignation. For Type 'A'
applications, apply MDS I for livestock
facilities within a 1000 metre radius. For
Type B application apply MDS I for livestock
facilities within a 2000 metre radius.
Separate MDS I calculations should be
undertaken for each livestock facility located
on a separate parcel of land. See
Implementation Guidelines # 34 and
# 35 for a discussion regarding Type
'A' and Type 'B' land uses.
MDS II is applied to all development
reasonably expected to be impacted
by the proposed first or expanded
livestock facility.
11
Implementation Guidelines - Minimum Distance Separation Formulae
Implementation
MDS I
MDS II
Guideline
7. Application of MDS to development
on existing lots
Municipalities have the option, but are
strongly encouraged to apply MDS I to
development proposed through building
permit on an existing lot. Construction of
a dwelling, or other structures that are
incompatible with livestock facilities, on an
existing lot can have a very detrimental
impact on the ability of surrounding
agricultural operations to expand in the
future, and often introduces a potential new
source for nuisance complaints regarding
odour from a livestock facility, that would
generally not be allowed if the lot were to
be created today. To address the potential
negative impact of nuisance complaints to
surrounding livestock operations from
development on existing lots, municipalities
are encouraged to undertake a thorough
review of this issue at the next update of
their municipal planning documents.
Municipalities should consider approaches
to address the future use and suitability of
development on existing lots. The application
of MDS I to development on existing lots will
take its direction from the applicable
municipal planning documents.
8. MDS and Consent Applications
MDS I is applied to a proposed lot,
vacant or with existing structures.
Where a new lot is proposed with an
existing dwelling, and that dwelling is
already located on a lot separate from
the subject livestock facility, MDS I is not
applied as the potential odour conflict is
already present between the
neighbouring livestock facility and the
existing dwelling. However, municipalities
may choose to apply MDS I from the
neighbouring livestock facility to a
proposed lot with an existing dwelling.
Direction to apply MDS I in these
circumstances should be clearly indicated
in the municipality's planning documents.
MDS I is applied to a proposed lot with
an existing dwelling when the dwelling is
presently located on the same lot as the
subject livestock facility.
N/A
MDS II applies to lot lines.
12
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Implementation
MDS I
MDS II
Guideline
9. MDS and Zoning By-Law
Amendments
MDS I is applied when new development is
proposed by way of a re-zoning in a zone
where agriculture is a permitted use.
N/A
10. MDS and Official Plan
Amendments
MDS I is applied to lands being considered
for non-agricultural designation through the
official plan amendment process.
N/A
11. Application of MDS after a
catastrophe
Where municipalities apply MDS I to
buildings or structures on an existing lot,
municipalities have the option to not apply
MDS I after a catastrophe that destroys
part or all of a dwelling, providing the
resulting new dwelling is built no closer
to a livestock facility than before the
catastrophe.
Municipalities have the option to not
apply MDS II after a catastrophe that
destroys part or all of a livestock
facility, providing the resulting
livestock facility is built no closer
to a surrounding development than
before the catastrophe. However, if
rebuilding results in higher values for
Factor A, B and/or D than before the
catastrophe, then MDS II applies.
12. Existing uses that do not
conform to MDS
MDS I is applied to new proposed
development, even though there may be
existing non-agricultural uses that do not
conform to MDS I requirements. Where
there are four, or more, existing non-farm
uses closer to the subject livestock facility
and in immediate proximity to the current
application, MDS I will not be applied. The
current application must not be located
closer to the livestock facility than the four,
or more, existing non-farm uses.
MDS II is measured from the
proposed new construction of an
expanding livestock facility(ies) even
though there may be parts of the
existing livestock facility, that do not
conform.
13. Non-application of MDS to
accessory structures
When a municipality applies MDS I to
development on an existing lot, it is not
applied to buildings and structures,
accessory to a dwelling, such as decks,
garages, gazebos, greenhouses,
outbuildings, picnic areas, patios or sheds.
MDS II is not applied to buildings
and structures, accessory to a
dwelling on an adjacent lot, such
as decks, garages, gazebos,
greenhouses, outbuildings, picnic
areas, patios or sheds.
13
Implementation Guidelines - Minimum Distance Separation Formulae
Implementation
MDS I
MDS II
Guideline
14. Livestock occupied portions of
livestock facilities
MDS is not applied to portions of the livestock facility where livestock are not
normally present for a long enough time for substantial amounts of manure to
accumulate. For example, this includes feed bins, feed preparation areas, field
shadeshelters, livestock assembly areas, livestock loading chutes, machinery sheds,
milking centres, offices, riding arenas, silos or washrooms.
15. Setbacks - dwelling from
livestock facilities, same lot
Neither MDS I nor MDS II are applied between a dwelling and a livestock facility
located on the same lot.
16. Ownership of adjacent land by
same owner
MDS is applied regardless of the ownership of adjacent or adjoining legally separate
lots. Ownership of adjacent or adjoining legally separate lots by the same owner does
not prevent the application of MDS.
Determining Livestock Facility Capacity
The following implementation guidelines provide direction on determining the capacity of a livestock facility for
calculating MDS; as well as, direction on applying MDS to empty livestock facilities.
17. Obtaining Required Livestock
Information from Owners
Information to be used in MDS calculations, (such as capacity of the livestock facility,
type of manure storage, number of tillable hectares, etc.,) should be obtained from
the owner of an existing or first livestock facility. It may be necessary to independently
verify the information received from the owner of the livestock facility to ensure
accuracy of an MDS calculation.
18. Smallest size of livestock facility
for MDS
For the purposes of calculations, the smallest size of livestock facility is deemed to be
five Nutrient Units, regardless if there are fewer Nutrient Units within the livestock
facility, or not.
19. Capacity of livestock facilities for
MDS
MDS calculations shall be based on the maximum livestock housing capacity for all
livestock facilities on a lot, even if the building is not currently used, but is structurally
sound and reasonably capable of housing livestock. This also applies for permanent
manure storages on lots where there is no livestock generating manure.
20. Application of MDS to empty
livestock facilities
MDS I applies to empty livestock facilities if
they are structurally sound and reasonably
capable of housing livestock, or storing
manure. The MDS I calculation should be
based on the most probable Factors A, B
and D. The Ministry of Agriculture, Food
and Rural Affairs may provide municipalities
with additional information to guide them in
this determination. See Implementation
Guidelines # 25, 26 and 28 regarding
Factors A, B and D.
MDS II applies to empty livestock
facilities that are part of an expanding
livestock facility if they are structurally
sound and reasonably capable of
housing livestock, or storing manure.
The MDS II calculation should be
based on the most probable Factors
A, B and D.
continued...
14
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Implementation
MDS I
MDS II
Guideline
continued...
See Implementation Guidelines # 25,
26 and 28 regarding Factors A, B
and D.
However, empty livestock facilities can
be excluded from MDS II calculations
for expanding livestock facilities if a
building permit is required for altering
the facilities so they are no longer
capable for the housing of livestock
(or manure). Municipalities may
consider other approaches which
achieve the same objective.
Anaerobic Digesters
The following implementation guidelines speak to issues related specifically to anaerobic digesters, such as determination
of appropriate MDS factors, and setbacks for co-substrate input tanks (CSIT) and anaerobic digesters (AD).
21. Storages for digestate from an
anaerobic digester and how to apply
Factors B and C
When a livestock facility installs an
anaerobic digester (AD), some supplemental
agricultural or non-agricultural materials
may be imported to help boost biogas
production. This means a larger storage for
the resulting materials treated by the AD
system is required.
If an adjacent livestock facility has an AD
system and there are imported
supplemental materials, then for Factor B,
use the greater of the NU capacity for
livestock on the lot, versus the NU capacity
of all storage volumes using 19.8 m3/NU
(700 ft3/NU) from Table 1.
For example, a 100 NU swine farm has an
AD system and imports supplemental
materials to boost biogas production. There
is just one storage of 2,376 m3 capacity.
For Factor B, this is 2,376 m3 ÷ 19.8
m3/NU = 120 NU, which is greater than
100 NU for swine. Use 120 NU in Table 2
to determine Factor B.
When a livestock facility installs
an anaerobic digester (AD), some
supplemental agricultural or non-
agricultural materials may be
imported to help boost biogas
production. This necessitates the
need for larger storage for the
resulting digestate from the AD
system.
In MDS II, for Factor B, use the
greater of the NU capacity for
livestock on the lot, versus the NU
capacity of the proposed storage
volume using 19.8 m3/NU
(700 ft3/NU) from Table 1.
For Factor C, use the increased NU
capacity of the proposed storage
volume compared to the NU capacity
for the livestock on the lot.
20. Application of MDS to empty
livestock facilities
continued...
continued...
15
Implementation Guidelines - Minimum Distance Separation Formulae
Implementation
MDS I
MDS II
Guideline
22. Anaerobic digesters and
co-substrate input tanks
Co-substrate input tanks (CSIT) may be
installed to store imported agricultural or
non-agricultural materials prior to input
into an anaerobic digester (AD).
The required MDS I separation from a
CSIT and/or AD is 125 m regardless of
size or type, and whether greater or
lesser MDS I setbacks are calculated
based on the livestock NU capacity or
potential NU capacity based on tillable
hectares.
Co-substrate input tanks (CSIT) may
be installed to store imported
agricultural or non-agricultural
materials prior to input into an
anaerobic digester (AD).
The required MDS II separation from
a CSIT and/or AD, regardless of size
or type, is:
- 125 m for Type A land uses
- 250 m for Type B land uses
- 125 m to the nearest neighbour's
house
- 13 m to the nearest lot line
- 25 m to the nearest road
allowance
continued...
For example, a 100 NU swine
farm proposes to build 2,376 m3
of storage for manure and other
imported materials treated by an
AD system.
For Factor B, this is 2,376 m3 ÷
19.8 m3/NU = 120 NU, which is
greater than 100 NU for swine.
Use 120 NU in Table 2 to determine
Factor B.
For Factor C, the NU capacity of the
proposed storage is 120 NU
compared to 100 NU for swine.
The increase is 120 NU-100 NU =
20 NU, or 20 NU/100 NU x 100 =
20%. Use 20% in Table 3 to
determine Factor C.
21. Storages for digestate from an
anaerobic digester and how to apply
Factors B and C
continued...
16
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Implementation
MDS I
MDS II
Guideline
24. Calculating permanent manure
storage base distance, 'S'
'S' is not calculated, but read directly from Table 6 by first calculating the building
base distance 'F', then choosing the new added 'Permanent Manure Storage Type'
from Table 5.
25. Storage base distances ('S') when
F>1000 metres
If 'F' > 1000 m, the Storage Base Distance 'S' is the same as the Building Base
Distance, 'F' as noted in Table 6.
MDS Formulae and Factors
The following implementation guidelines provide direction on the calculation of the MDS Formulae for MDS I and MDS II.
In addition, they provide a brief summary of the Factors used to calculate MDS, and specific considerations related to
the calculation.
23. Calculating building base
distance, 'F'
F = Factor A x B x D x E
(Note: Factor C not used in MDS I)
F = Factor A x B x C x D
(Note: Factor E not used in MDS II)
26. Factor A - Odour Potential Factor
Factor A is based on the type of livestock and its relative potential for emanating
offensive odours. The higher the Factor A, the higher the odour potential, and the
higher the resulting MDS separation distances, all other things being equal. See
Table 1.
27. Factor B - Nutrient Units Factor
Factor B is based on the number, or equivalent number, of Nutrient Units (NU) in housing
capacity at a livestock facility. The higher the number of NU, the higher the Factor B, and
the higher the resulting MDS separation distances, all other things being equal. See Table
2. In determining Factor B, it may be required to interpolate a value from Table 2.
Interpolated values for Factor B should not include more than two decimal places, and
may need to be rounded accordingly.
28. Factor C - Orderly Expansion
Factor
Does not apply for MDS I
Factor C only applies for MDS II, and is
based on the percentage increase in
the number of NU for the proposed
construction. The higher the
percentage increase, the higher the
Factor C, and the higher the resulting
MDS II, all things being equal.
Expansion of a livestock facility is a
necessary and typical process for the
economic development of most farm
operations, and can reasonably be
expected over time.
continued...
17
Implementation Guidelines - Minimum Distance Separation Formulae
Implementation
MDS I
MDS II
Guideline
continued...
Factor C allows for future expansion.
Factor C is the highest it can be for
the first livestock building (or first
permanent manure storage where no
livestock are housed) on a lot, resulting
in a building location that will allow
most subsequent livestock buildings to
be built within a reasonable building
envelope. Factor C is smallest for no
increase in NU (0% increase), or
decreases in NU ('negative' increase),
rare on most farms, except when
replacing an old building with little to no
additional livestock capacity, downsizing,
or when installing storages to increase
manure holding capacity to prevent
spreading at inappropriate times of the
year.
For the purposes of determining Factor
C, all first livestock facilities are to be
calculated at Factor C = 1.14.
Where an existing livestock facility is to
be expanded, the percentage increase
shall be calculated using: the total
additional Nutrient Units proposed as
the numerator, and the total existing
Nutrient Units as the denominator.
For example, an existing livestock
facility currently has 200 nutrient units
and proposes to add 100 additional
Nutrient Units. In this case percentage
increase, would be calculated as 100
NU divided by 200 NU and then
multiplied by 100 for a value of 50 %
(100/200) x 100 = 50 %
continued...
28. Factor C - Orderly Expansion
Factor
continued...
18
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Implementation
MDS I
MDS II
Guideline
continued...
Where a livestock facility is to be
expanded, and one or more building
permits to establish or expand that
livestock facility were already issued
within the previous three years, the
percentage increase shall be calculated
using: the total additional Nutrient Units
established or added by building permit
issued during the previous three year
period, plus the proposed expansion,
as the numerator; and the total existing
Nutrient Units prior to the previous
three year period as the denominator.
For example, an existing livestock
acility currently has 200 Nutrient Units
and proposes to add 100 additional
Nutrient Units. A building permit for
this livestock facility was issued 2 years
ago, and increased the size of the
operation at that time from 100
Nutrient Units to 200 Nutrient Units.
In this case, percentage increase
would be calculated as 200 NU (100
NU for this expansion plus 100 NU for
expansion 2 years ago) divided by 100
NU (the total capacity of the livestock
facility 3 years ago) and then multiplied
by 100 for a value of 200%.
[(100+100)/100] x 100 = 200 %
See Table 3 for further information.
In determining Factor C, it may be
required to interpolate a value from
Table 3. Interpolated values for Factor
C should not include more than four
decimal places, and may need to be
rounded accordingly.
28. Factor C - Orderly Expansion
Factor
continued...
19
Implementation Guidelines - Minimum Distance Separation Formulae
Implementation
MDS I
MDS II
Guideline
29. Factor D - Manure or Material
Form in Permanent Storage Factor
Factor D is based on the type of manure or material and its relative potential for
emanating offensive odours. The higher the Factor D, the higher the odour potential,
and the higher the resulting MDS separation distance, all other things being equal.
See Table 1.
30. Factor E - Encroaching Land Use
Factor
Factor E is based on the degree of effect an
encroaching land use might have on an
existing livestock facility. The higher the
encroachment factor, the higher the potential
effect on a livestock facility, and the higher
the resulting MDS I separation distance, all
other things being equal. See Table 4.
N/A
31. Calculating weighted averages for
Factor A
In MDS I, Factor A may require a weighted
average, if there are more than one type
of livestock housed with differing values
for Factor A.
For example, if an adjacent livestock
facility houses 50 NU of chicken broilers
with Factor A = 0.7, and 100 NU of
swine feeders with Factor A = 1.2,
then the weighted average Factor A is:
[(50 x 0.7)+(100 x 1.2)]÷(50+100) = 1.03
When calculating a weighted average,
the value of Factor A should not include
more than two decimal places, and may
need to be rounded accordingly.
In MDS II, Factor A may require a
weighted average, if more than one
type of livestock is added with
differing values for Factor A.
For example, if a farmer proposes to
add 50 NU of chicken broilers with
Factor A = 0.7, and 100 NU of swine
feeders with Factor A = 1.2, to a
livestock facility, then the weighted
average Factor A is:
[(50 x 0.7)+(100 x
1.2)]÷(50+100) = 1.03
When calculating a weighted average,
the value of Factor A should not
include more than two decimal
places, and may need to be rounded
accordingly.
32. Calculating weighted averages
for Factor D
In MDS I, Factor D may require a
weighted average, if there are more than
one type of livestock housed with differing
values for Factor D.
For example, if an adjacent livestock
facility houses 50 NU of chicken broilers
with Factor D = 0.7, and 100 NU of
swine feeders with Factor D = 0.8, then
the weighted average Factor D is:
[(50 x 0.7)+(100 x 0.8)]÷(50+100) =
0.77
In MDS II, Factor D may require a
weighted average, if more than one
type of livestock is added with
differing values for Factor D.
For example, if a farmer proposes to
add: 50 NU of chicken broilers with
Factor D = 0.7, and 100 NU of swine
feeders with Factor D = 0.8, then the
weighted average Factor D is:
continued...
continued...
20
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Implementation
MDS I
MDS II
Guideline
34. Rounding of MDS calculations
All resulting calculated separation distances are rounded up to the nearest metre.
continued...
When calculating a weighted average,
the value of Factor D should not include
more than two decimal places, and may
need to be rounded accordingly.
continued...
[(50 x 0.7)+(100 x
0.8)]÷(50+100) = 0.77
When calculating a weighted average,
the value of Factor D should not
include more than two decimal
places, and may need to be rounded
accordingly.
33. Tillable hectares
In MDS I, Factor B is based on the greater
of the existing Nutrient Unit housing
capacity of the livestock facility, or the
potential Nutrient Unit housing capacity of
the livestock facility based on the product
of tillable hectares on that lot multiplied by
7.5 Nutrient Units/tillable hectare (to a
maximum of 300 Nutrient Units).
However, for settlement area expansions
only, MDS I is based on the existing Nutrient
Unit housing capacity and not tillable
hectares. See the following examples:
For example:
20 NU operation on 10 hectares;
housing capacity is 75 NU
20 NU operation on 45 hectares:
housing capacity is 300 NU
300 NU operation on 10 hectares;
housing capacity is 300 NU
300 NU operation on 45 hectares:
housing capacity is 300 NU.
N/A
32. Calculating weighted averages for
Factor D
continued...
21
Implementation Guidelines - Minimum Distance Separation Formulae
Implementation
MDS I
MDS II
Guideline
36. Type B land uses
Type B land uses are typically characterized
by uses that have a higher density of
human occupancy, habitation or activity.
For the purposes of MDS I, Type B land
uses include applications to rezone or
redesignate agricultural lands for residential,
institutional, recreational use - high intensity,
commercial or settlement area purposes.
Type B land uses include applications to
permit:
- creation of residential subdivisions
in rural areas, or
- expansion of a settlement area, or
- creation of multiple residential
development, or
- the creation of a lot which results
in a rural residential cluster
Type B land uses are typically
characterized by uses that have a
higher density of human occupancy,
habitation or activity.
For the purposes of MDS II, Type B
land uses include areas zoned or
designated settlement area,
recreational use high - intensity,
institutional, or commercial.
Type B land uses include areas
designated in an Official Plan as
residential for:
- residential subdivisions, or
- multiple residential, or
- estate residential
development
Type A and B Land Uses
These implementation guidelines outline considerations regarding the interpretation of Type A and Type B land uses
for MDS I and II, and how different land uses should be treated in MDS. They also provide specific direction on
exceptions to Type A and Type B land uses.
35. Type A land uses
Type A land uses are typically characterized
by uses that have a lower density of human
occupancy, habitation or activity.
For the purposes of MDS I, Type A land
uses include applications to rezone or
redesignate agricultural lands for industrial,
agricultural-related or recreational use -
low intensity purposes.
Type A land uses include applications to
permit:
- construction of a dwelling on an
existing lot where the municipality
has determined that MDS I should
be applied, or the
- creation of up to three lots either
by consent or plan of subdivision
Type A land uses are typically
characterized by uses that have a
lower density of human occupancy,
habitation or activity.
For the purposes of MDS II, Type A
land uses include areas zoned or
designated industrial, agricultural-
related or recreational use - low
intensity.
Type A land uses include residential
dwellings on lots zoned agriculture,
rural residential, residential, or other
similar zoning. This includes existing
residential uses on separate lots not
recognized through Official Plan
designation as a residential area.
22
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Implementation
MDS I
MDS II
Guideline
37. Application to settlement areas
MDS I does not apply to proposed non-
agricultural uses in approved settlement
area designations. However,
municipalities have the option to apply
MDS I from livestock facilities within a
settlement area designation.
The application of MDS I will take its
direction from the applicable municipal
planning documents.
Where municipalities permit first or
expanded livestock facilities within
approved settlement area
designations, municipalities have the
option, but are strongly encouraged
to apply MDS II.
The application of MDS II will take its
direction from the applicable
municipal planning documents.
38. Cemeteries
For the purposes of MDS I, cemeteries
should be considered a Type B land use,
as they are an institutional use.
For the purposes of MDS II,
cemeteries should be considered a
Type B land use, as they are an
institutional use.
However, cemeteries may be treated
as a Type A land use when the
cemetery is closed and receives low
levels of visitation. Cemeteries such as
this should be clearly identified in the
municipality's planning documents.
39. Rural residential clusters
For the purposes of MDS I, lot creation
which results in a rural residential cluster
should be considered a Type B land use.
For the purposes of MDS II, rural
residential clusters should be
considered a Type A land use, except
where they have been identified and
designated in an Official Plan.
40. Rear lot lines, side lot lines, and
road allowances
N/A
In addition to Type A and Type B land
uses, MDS II setbacks are calculated
from rear lot lines, side lot lines, and
road allowances.
Rear and side lot line MDS II setbacks
are calculated as 0.1 x the Building
Base Distance 'F' and Storage Base
Distance 'S'.
continued...
23
Implementation Guidelines - Minimum Distance Separation Formulae
Implementation
MDS I
MDS II
Guideline
continued...
For example, an MDS II calculation
yields values of 100 metres for
Building Base Distance 'F' and 123
metres for Storage Base Distance 'S'.
The required setback for the livestock
facility from the lot lines would be 10
metres (100 x 0.1). The required
setback for the manure storage from
the lot lines would be 12.3 metres
(123 x 0.1). This value should be
rounded to the nearest whole number,
so in this instance, the setback for
the manure storage would be 12
metres.
Under no circumstances should the
MDS II setback from a rear or side
lot line exceed 30 metres, see
Implementation Guideline #44.
Road allowance MDS II setbacks are
calculated as 0.2 x the Building Base
Distance 'F' and Storage Base
Distance 'S'.
For example, an MDS II calculation
yields values of 100 metres for
Building Base Distance 'F' and 123
metres for Storage Base Distance 'S'.
The required setback for the livestock
facility from the road allowance would
be 20 metres (100 x 0.2). The
required setback for the manure
storage from the road allowance
would be 24.6 metres (123 x 0.2).
This value should be rounded to
the nearest whole number, so in this
instance, the setback for the manure
storage would be 25 metres.
40. Rear lot lines, Side lot lines, and
Road Allowances
continued...
24
Implementation Guidelines - Minimum Distance Separation Formulae
Implementation
MDS I
MDS II
Guideline
41. Measurement of MDS
For MDS I, measurements are taken as
the shortest distance between the area
to be rezoned or redesignated and the
livestock occupied portion of the livestock
facility (or storage).
For MDS II, measurements are taken
as the shortest distance between the
point of new construction for the
livestock occupied portion of a first
or expanded livestock facility and the
dwelling/lot line/road allowance/or
area zoned or designated.
Applying MDS - Measurement of MDS Setbacks
The following implementation guidelines provide direction on measurement of MDS setbacks between livestock
facilities, and other existing or proposed development, lot lines, and road allowances.
42. Measurement of MDS for Lot
Creation
For MDS I, measurements are taken as
the shortest distance between the lot line
of the lot being created and the livestock
occupied portion of the livestock facility
(or storage). Where larger lots may be
permitted (generally greater than 1 ha),
a suitable location must be identified for
a 1 ha building envelope outside the
MDS I setback.
N/A
43. Measurement of MDS for
development on existing lots
Where a municipality chooses to apply
MDS I to development proposed through
building permit on an existing lot,
measurements are taken as the
shortest distance between the dwelling
or other structure to be constructed
and the livestock occupied portion of
the livestock facility.
N/A
44. Maximum setbacks to side or
rear lot lines
N/A
The maximum required setback from
any livestock facility to side or rear lot
lines is 30 m.
25
Implementation Guidelines - Minimum Distance Separation Formulae
Implementation
MDS I
MDS II
Guideline
Applying MDS - Minor Variances
This section of the MDS Formulae implementation guidelines speak to specific issues regarding minor variances
applications under the Planning Act.
45.Affects of wind, etc. on MDS
The direction of prevailing wind, surrounding topography, and presence of trees,
berms, or other screening do not affect MDS calculations, but could be elements
considered in Minor Variance applications.
46. Reducing MDS setbacks and
minor variances
MDS I setbacks should not be reduced
except in accordance with these
implementation guidelines. Where a
municipality applies MDS I to development
on existing lots, minor variances to MDS
I distances can be considered based on
site specific circumstances. Circumstances
that meet the intent, if not the precise
distances of MDS I, or mitigate
environmental impacts, may warrant
further consideration.
Minor variances to MDS II distances
can be considered based on site
specific circumstances. Circumstances
that meet the intent, if not the precise
distances of MDS II, or mitigate
environmental impacts, may warrant
further consideration.
26
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
27
MDS I - Calculation Form
MDS I CALCULATION FORM
The following outlines the 10 Steps on how to calculate setbacks to all adjacent livestock
facilities, reasonably expected to be impacted by an applicant's proposed development.
Each step is colour-coded. The applicable topics found in the Implementation Guidelines
Chart on pages 9 to 25 and the applicable Tables are noted in the steps below.
Location and
contact information
Fill in the pertinent information about the applicant, and
each adjacent livestock facility within 1000 m or more, of
the proposed development. Each livestock facility must be
on its own separate lot and should be treated as separate
calculations. All barns and structures located on one lot
should be treated as part of the same livestock facility.
Implementation Guidelines #1 through #16 provide
direction on the general rules and application of the
Minimum Distance Separation Formulae.
Step 1
Step 2
Livestock facility
animal/material
types
For the first livestock facility identified in Step 1, fill in
all of its existing animal/material types, descriptions,
the total maximum housing capacity, the number of
animals/material per Nutrient Unit (NU) and associated
manure forms. Information on the existing animal/material
types, descriptions, the total number of animals/material,
and associated manure forms should be obtained from the
owner of the livestock facility. It may be necessary to verify
this information independently. Information on the number
of animals/material per Nutrient Unit (NU) can be
determined from Table 1. Implementation Guidelines #17
through #20 provide guidance on determining livestock
facility capacity. Implementation Guidelines #21 and #22
provide direction on dealing with anaerobic digesters.
Step 3
Existing
Nutrient Units (NU)
Calculate the existing total maximum NU capacity of the
livestock facility by dividing existing capacity of each
animal/material type by the number of animals/material
per NU as found in Table 1. Then, add all the existing NU
together for all the types of animal/material present, to
obtain the total maximum number of NU.
28
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Step 4
Weighted Factor A
Determine Factor A (Odour Potential Factor) for each
animal/material type present, from Table 1, and fill in the
calculation form. If necessary, calculate the weighted
average for Factor A, if Factor A is not the same for all
animals/materials listed. See Implementation Guidelines
#26 and #31 for further direction.
Step 6
Tillable hectares
and potential NU
Fill in the maximum tillable hectares of land on the lot
where the livestock facility is located, based on information
obtained from the owner of the livestock facility. It may be
necessary to verify this information independently. Calculate
the potential total number of NU, which equals: # of tillable
hectares x 7.5, up to a maximum of 300 NU.
Implementation Guidelines #33 and #17 provide more
specific information.
Step 7
Factor B and
existing vs.
potential NU
Compare the total number of existing NU calculated in
Step 3 with the total number of potential NU calculated in
Step 6. Using the greater of these two numbers,
determine Factor B from Table 2, and fill in the correct
space on the calculation form. In some circumstances, it
will be necessary to interpolate Factor B from Table 2,
when the number of NU is not specifically identified in the
table. Implementation Guideline #27 provides more specific
direction on Factor B.
Step 8
Determine Factor E
Determine and fill in Factor E (Encroachment Land Use
Factor) on the calculation form. Factor E can be
determined from Table 4. Implementation Guidelines #30
and #35 through #39 provide specific direction on Factor
E and the determination of Type A and Type B land uses.
Step 5
Weighted Factor D
Determine Factor D (Manure Form in Permanent
Storage Factor) from Table 1, for each animal/material
type present, and fill in the calculation form. If necessary,
calculate the weighted average Factor D, if Factor D is
not the same for all animals/materials listed. See
Implementation Guidelines #29 and #32 for further
direction.
Step 9
F, Building Base
Distance
Calculate F (Building Base Distance) = (Factor A) x (Factor
D) x (Factor B) x (Factor E), which is the required MDS I
setback from the proposed development to the nearest
barn of the livestock facility. For further information, see
Implementation Guidelines #23 and #34.
29
MDS I - Calculation Form
Step 10
S, Manure Storage
Base Distance
Establish S (Manure Storage Base Distance) by first using
Table 5 to choose the existing storage at the livestock
facility with the highest odour potential: Very Low, Low,
Medium, and High. Then, enter Table 6 under the
appropriate column and read across using 'F' calculated
from Step 9. It may be necessary to interpolate. S, is the
required MDS I setback from the proposed development to
the nearest manure storage at the livestock facility.
Implementation Guidelines #24 and #25 provide further
information. Implementation Guidelines #21 and #22
provide further information on dealing with anaerobic
digesters.
Steps 2 through 10 should be completed for any other
livestock facilities present, in accordance with
Implementation Guideline #6.
Now
What?
Using calculated
MDS
The calculated values of MDS can now be used in the
context of the land use planning application for which they
have been prepared. Implementation Guidelines #35
through #40 provide direction around issues regarding
Type A and Type B land uses. Implementation Guidelines
#41 through #44 provide direction around issues of
measurement of MDS setbacks, and, Implementation
Guidelines #45 and #46 provide direction on issues
regarding minor variances.
30
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Applicant
Owner of Adjacent
Owner of Adjacent
Information
Livestock Facility #1
Livestock Facility #2, etc.
Contact Information:
File Name
Jane
Jim
(No other adjacent livestock
facilities)
Last Name
Smith
Jones
Farm/Company
N/A
Swiney-Acres Farm
Address
123 New Road
124 New Road
City/Town
Somewhere
Somewhere
Province
Ontario
Ontario
Postal Code
N0G 0J0
NOG 0J0
Upper Tier
Upper Somewhere
Upper Somewhere
Lower Tier
Lower Somewhere
Lower Somewhere
Lot
1
2
Concession
2
2
911 Number
12345
12346
Roll Number
666
667
Telephone
905-555-1111
905-555-3333
Fax
905-555-2222
905-555-4444
Email
[email protected]
[email protected]
Example:
Ms. Smith proposes to create a new lot, on agricultural land, adjacent to Mr. Jones' Swiney-Acres Farm.
This livestock facility has:
a) 1200 head swine feeder barn over a slatted floor barn where all the swine manure is stored,
b)33000 bird chicken broiler barn (9-week cycle) with solid manure stored outside, uncovered,
dry enough for a flowpath option; and,
c) permanent concrete storage for imported solid dairy manure 10 metres wide x 12 metres long
and 2 metre walls, with flowpath option.
The lot where all Mr. Jones' barns and manure storage are has 60 tillable hectares. There are no other
livestock facilities within 1000 m of the proposed lot. How far must Ms. Smith's proposed lot be from Mr.
Jones' nearest barn and nearest manure storage ?
Evaluator: __________________________________________________________________________________
Date: ______________________________________________________________________________________
File Number: _______________________________________________________________________________
31
MDS I - Calculation Form
Animal Type
Description
Number
Manure
Existing
Factor
Factor
or Material
per NU
Form
NU
A
D
Existing
Maximum
Housing
Capacity
MDS I Calculation Form:
Swine
Feeders
6
Liquid
1200
200
1.2
0.8
(27 kg - 105 kg)
Chickens
Broilers
300
Solid
33 000
110
0.7
0.7
(9 week cycle)
Imported
Max Capacity
19.8
Solid
240
12
1.2
0.7
Manure
(10m x 12m x 2m)
Total Number of NU
322
Factor A (Odour Potential Factor)...a weighted average may be necessary
1.03
Factor D (Manure Form Factor)...a weighted average may be necessary
0.76
Factor B (Nutrient Units Factor)
475
Factor E (Encroaching Land Use Factor)
1.1
Maximum tillable hectares on the lot
300
with the livestock facilities
60
X
7.5
=
NU
(Maximum
300 NU)
F (Building Base Distance, m) = Factor A x Factor D x Factor B x Factor E
409
S (Manure Storage Base Distance, m)
409
Now What?
Repeat MDS calculation process as appropriate for other livestock facilities in the vicinity.
Apply calculated MDS in the context of the land use planning application for which they
were prepared.
32
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Applicant
Owner of Adjacent
Owner of Adjacent
Information
Livestock Facility #1
Livestock Facility #2, etc
File Name
Last Name
Farm/Company
Address
City/Town
Province
Postal Code
Upper Tier
Lower Tier
Lot
Concession
911 Number
Roll Number
Telephone
Fax
Email
MDS I CALCULATION BLANK FORM
Evaluator: __________________________________________________________________________________
Date: ______________________________________________________________________________________
File Number: _______________________________________________________________________________
Contact Information:
33
MDS I - Calculation Form
MDS I CALCULATION BLANK FORM
Animal Type
Description
Number
Manure
Existing
Factor
Factor
or Material
per NU
Form
NU
A
D
Existing
Maximum
Housing
Capacity
Swine
Chickens
Imported
Manure
Total Number of NU
Factor A (Odour Potential Factor)...a weighted average may be necessary
Factor D (Manure Form Factor)...a weighted average may be necessary
Factor B (Nutrient Units Factor)
Factor E (Encroaching Land Use Factor)
Maximum tillable hectares on the lot
with the livestock facilities
X
=
(Maximum
300 NU)
F (Building Base Distance, m) = Factor A x Factor D x Factor B x Factor E
S (Manure Storage Base Distance, m)
Now What?
Repeat MDS calculation process as appropriate for other livestock facilities in the vicinity.
Apply calculated MDS in the context of the land use planning application for which they
were prepared.
34
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
35
MDS II - Calculation Form
MDS II CALCULATION FORM
The following outlines the 10 Steps on how to calculate setbacks to all development reasonably expected
to be impacted by a proposed first or expanded livestock facility. Each step is colour-coded. Applicable
topics are found in the Implementation Guidelines Chart on pages 9 to 25 and applicable Tables are noted.
Location and
contact information
Fill in the pertinent information about the applicant who is
proposing a first, or expanded, livestock facility.
Implementation Guidelines #1 through #16 provide
direction on the general rules and application of the
Minimum Distance Separation Formulae.
Step 1
Step 2
Livestock facility
animal/material
types
Fill in all existing, and proposed to be added,
animal/material types, descriptions, the total maximum
housing capacity, the number of animals/material per
Nutrient Unit (NU) and associated manure forms. Table 1
and Implementation Guidelines #17 through #20 provide
guidance on determining livestock facility capacity.
Implementation Guidelines #21 and #22 provide direction
on dealing with anaerobic digesters.
Step 3
Existing, and
proposed to be
added Nutrient Units
(NU)
Calculate the existing, and proposed to be added, NU
capacity of the livestock facility by dividing existing, and
proposed to be added, capacity of each animal/material
type by the number of animals/material per NU as found
in Table 1. Then, add all the existing, and proposed to be
added, NU together for all the types of animal/material
present, to obtain the total number of NU.
Step 4
Weighted Factor A
Determine Factor A (Odour Potential Factor) from Table 1,
for only each animal/material type proposed to be added,
and fill in the calculation form. If necessary, calculate the
weighted average for Factor A, if Factor A is not the same
for all animals/materials added. See Implementation
Guidelines #26 and #31 for further direction.
36
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Step 6
Factor B
Determine Factor B from Table 2, based on the Total NU
to be housed at the livestock facility, and fill in the space
on the calculation form. In some cases, it will be necessary
to interpolate Factor B from Table 2, when the number of
NU is not specifically identified in the table. Implementation
Guideline #27 provides more specific direction on Factor
B.
Step 7
Determining
Percentage
Increase for
livestock facility
Determine if a building permit was issued on this lot in the
past 3 years that increased the livestock capacity of the
livestock facility.
If 'No', use Approach (i) below to calculate Percentage
Increase.
If 'Yes', use Approach (ii) below to calculate Percentage
Increase.
Approach (i)
Enter total Added NU as calculated in Step 3 above. Enter
total Existing NU as calculated in Step 3 above. If total
Existing NU is zero (i.e. this is the First Livestock Facility on
the lot), then the Percentage Increase is considered to be
at its maximum, or 700% as per Table 3. If total Existing
NU is not zero, divide Added NU by Existing NU and
multiply by 100. This value is the Percentage Increase. In
rare cases of downsizing, the Added NU would actually be
'negative'. In this case, the Percentage Increase is
'negative', but considered to be at its minimum, or 0% as
per Table 3.
Approach (ii)
Enter total Added NU as calculated in Step 3 above, as
well as the total number of NU added in the past 3 years
by previous building permit(s). Enter total Existing NU of the
livestock facility as it was 3 years ago, prior to the current
application date. If total Existing NU 3 years ago was zero,
then the livestock facility in this current application and the
one(s) constructed in the past 3 years are all considered
to be the First Livestock Facility on the lot, and the
Percentage Increase is considered to be at its maximum,
or 700% as per Table 3. If total Existing NU 3 years ago
was not zero, divide Added NU
Step 5
Weighted Factor D
Determine Factor D (Manure Form in Permanent Storage
Factor) from Table 1, for only each animal/material type
added, and fill in the calculation form. If necessary,
calculate the weighted average for Factor D, if Factor D
is not the same for all animals/materials added. See
Implementation Guidelines #29 and #32 for further
direction.
continued...
37
MDS II - Calculation Form
continued...
in this application plus Added NU over the past 3 years, by
Existing NU 3 years ago and multiply by 100. This value is
the Percentage Increase. In rare cases of downsizing, the
Added NU would actually be 'negative'. In this case, the
Percentage Increase is 'negative', but considered to be at
its minimum, or 0% as per Table 3.
Implementation Guideline #28 provides further direction
and assistance on calculating Percentage Increase, and
establishing Factor C.
Step 8
Factor C
Determine and fill in Factor C (Orderly Expansion Factor) on the
calculation form, based on the Percentage Increase calculated
in Step 7. Factor C can be determined from Table 3. In some
instances, it may be necessary to interpolate Factor C.
Implementation Guideline #28 provides direction on calculating
the Percentage Increase in NU for the proposed construction.
Step 9
F, Building Base
Distance
Calculate F (Building Base Distance) = (Factor A) x (Factor
D) x (Factor B) x (Factor C), which is the required MDS II
setback from all proposed first or expanded livestock
facilities to the nearest development. For further
information, see Implementation Guidelines #23 and #34.
Step 10
S, Manure Storage
Base Distance
Establish S (Manure Storage Base Distance) by first using
Table 5 to choose the proposed new storage at the
livestock facility with the highest odour potential: Very Low,
Low, Medium, and High. Then, enter Table 6 under the
appropriate column and read across using 'F' calculated
from Step 9. It may be necessary to interpolate from the
table. 'S' is the required MDS II setback from all proposed
new storages to the nearest development. Implementation
Guidelines #24 and #25 provide further information.
Implementation Guidelines #21 and #22 provide further
information on dealing with anaerobic digesters.
Now
What?
Using calculated
MDS
The calculated values of MDS II can now be applied to the
building permit application. Implementation Guidelines #35
through #39 provide direction around Type A and Type B
land uses. For Type A land uses, the values of Building
Base Distance 'F' and Storage Base Distance 'S' should be
multiplied by 1.0 to determine the required MDS setback.
For Type B land uses, the values of Building Base Distance
'F' and Storage Base Distance 'S' should be multiplied by
2.0 to determine the required MDS setback.
Implementation Guideline #40 provides direction around
setbacks from rear lot lines, side lot lines and road
allowances. For rear and side lot lines, the values of
Building Base Distance 'F' and Storage Base Distance 'S'
should be multiplied by 0.1 to determine the required
continued...
continued...
Step 7
continued...
MDS setback. In accordance with Implementation Guideline
#44, the required MDS setback from a rear or side lot line
should never exceed 30 metres. For road allowances, the
values of Building Base Distance 'F' and Storage Base
Distance 'S' should be multiplied by 0.2 to determine the
required MDS setback. Implementation Guidelines #41
through #44 provide direction around issues of
measurement of MDS II setbacks. Implementation
Guidelines #45 and #46 provide direction on issues
regarding minor variances.
38
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Applicant Information:
First Name
Jim
Lower Tier
Lower Somewhere
Last Name
Jones
Lot
2
Farm/Company
Swiney-Acres Farm
Concession
2
Address
124 New Road
Fire Number
123456
Example:
Mr. Jones proposes to build a second 1200 head swine feeder barn with concrete liquid manure storage
to go along with his existing:
- 1200 head swine feeder barn over a slatted floor where all the swine manure is stored;
- 33000 bird chicken broiler barn (9-week cycle) with solid manure storage outside, uncovered,
dry enough for a flowpath option;
- 10 m x 12 m x 2 m permanent concrete storage with flowpath option, for his imported solid
dairy manure; and
- The existing facilities were constructed more than 3 years ago.
How far must the proposed barn be sited from all development reasonably expected to be impacted?
Evaluator: __________________________________________________________________________________
Date: ______________________________________________________________________________________
File Number: _______________________________________________________________________________
City/Town
Somewhere
Roll Number
667
Province
Ontario
Telephone
905-555-3333
Postal Code
N0G 0J0
Fax
905-555-4444
Upper Tier
Upper Somewhere
Email
[email protected]
Now
What?
continued...
39
MDS II - Calculation Form
MDS II CALCULATION FORM
Animal
Description
Number
Manure
Existing
Exisiting
Proposed
Added
Total
Factor
Factor
Type or
per NU
Form
Maximum
NU
Maximum
NU
NU
A
AD
Material
Housing
Housing
Capacity
Capacity
Swine
Feeders
6
Liquid
1200
200
1200
200
400
1.2
0.8
(27 kg - 105 kg)
Chickens
Broilers
300
Solid
33000
110
N/A
N/A
110
N/A
N/A
(9 week cycle)
Imported
Maximum
19.8
Solid
240
12
N/A
N/A
12
N/A
N/A
Manure
Capacity
(10m x12m x 2m)
Totals
322
200
522
Factor A (Odour Potential Factor) weighted average may be necessary
1.2
Factor D (Manure Form Factor) weighted average may be necessary
0.8
Factor B (Nutrient Units Factor)
563
Has a building permit been issued for the livestock facility on this property, in the last 3 years that has increased its
livestock capacity? No? Yes? If No, proceed to Approach (i); if Yes, proceed to Approach (ii)
Approach (i) - No Building Permits in Last 3 Years
Approach (ii) - Building Permit(s) issued in Last 3 Years
Calculation of Percentage Increase
Calculation of Percentage Increase
Total 2 - Total Added NU (From Above)
200
Total 2 - Total Added NU (From Above) + Total
Added NU from building permit(s) issued in the
last 3 Years
Total 1 - Total Existing NU (From Above)
322
Total 1 - Total Existing NU at Livestock Facility -
3 Years Ago
If Total 1 = Zero - Treat as a First
If Total 1 = Zero -
Livestock Facility
Treat as a First Livestock Facility
% Increase: (Total 2/Total 1) x 100
62.1%
% Increase: (Total 2/Total 1) x 100
Factor C (Orderly Expansion Factor)
0.825
F (Building Base Distance, m) = Factor A x Factor D x Factor B x Factor C
446
S (Manure Storage Base Distance, m)
446
Now What?
Apply MDS calculation to building permit application as appropriate. For Type A land uses, the values
of Building Base Distance 'F' and Storage Base Distance 'S' should be multiplied by 1.0 to determine
the required MDS setback. For Type B land uses, the values of Building Base Distance 'F' and
Storage Base Distance 'S' should be multiplied by 2.0 to determine the required MDS setback.
Implementation Guideline #40 provides direction around setbacks from rear lot lines, side lot lines
and road allowances. For rear and side lot lines, the values of Building Base Distance 'F' and Storage
Base Distance 'S' should be multiplied by 0.1 to determine the required MDS setback. In accordance
with Implementation Guideline #44, the required MDS setback from a rear or side lot line should
never exceed 30 metres. For road allowances, the values of Building Base Distance 'F' and Storage
Base Distance 'S' should be multiplied by 0.2 to determine the required MDS setback.
40
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Applicant
Owner of Adjacent
Owner of Adjacent
Information
Livestock Facility #1
Livestock Facility #2, etc
File Name
Last Name
Farm/Company
Address
City/Town
Province
Postal Code
Upper Tier
Lower Tier
Lot
Concession
911 Number
Roll Number
Telephone
Fax
Email
MDS II CALCULATION BLANK FORM
Evaluator: __________________________________________________________________________________
Date: ______________________________________________________________________________________
File Number: _______________________________________________________________________________
Contact Information:
41
MDS II - Calculation Form
MDS II CALCULATION BLANK FORM
Animal
Description
Number
Manure
Existing
Exisiting
Proposed
Added
Total
Factor
Factor
Type or
per NU
Form
Maximum
NU
Maximum
NU
NU
A
AD
Material
Housing
Housing
Capacity
Capacity
Swine
Chickens
Imported
Manure
Totals
Factor A (Odour Potential Factor) weighted average may be necessary
Factor D (Manure Form Factor) weighted average may be necessary
Factor B (Nutrient Units Factor)
Has a building permit been issued for the livestock facility on this property, in the last 3 years that has increased its
livestock capacity? No? Yes? If No, proceed to Approach (i); if Yes, proceed to Approach (ii)
Approach (i) - No Building Permits in Last 3 Years
Approach (ii) - Building Permit(s) issued in Last 3 Years
Calculation of Percentage Increase
Calculation of Percentage Increase
Total 2 - Total Added NU (From Above)
Total 2 - Total Added NU (From Above) + Total
Added NU from building permit(s) issued in the
last 3 Years
Total 1 - Total Existing NU (From Above)
Total 1 - Total Existing NU at Livestock Facility -
3 Years Ago
If Total 1 = Zero - Treat as a First
If Total 1 = Zero -
Livestock Facility
Treat as a First Livestock Facility
% Increase: (Total 2/Total 1) x 100
% Increase: (Total 2/Total 1) x 100
Factor C (Orderly Expansion Factor)
F (Building Base Distance, m) = Factor A x Factor D x Factor B x Factor C
S (Manure Storage Base Distance, m)
Now What?
Apply MDS calculation to building permit application as appropriate. For Type A land uses, the values
of Building Base Distance 'F' and Storage Base Distance 'S' should be multiplied by 1.0 to determine
the required MDS setback. For Type B land uses, the values of Building Base Distance 'F' and
Storage Base Distance 'S' should be multiplied by 2.0 to determine the required MDS setback.
Implementation Guideline #40 provides direction around setbacks from rear lot lines, side lot lines
and road allowances. For rear and side lot lines, the values of Building Base Distance 'F' and Storage
Base Distance 'S' should be multiplied by 0.1 to determine the required MDS setback. In accordance
with Implementation Guideline #44, the required MDS setback from a rear or side lot line should
never exceed 30 metres. For road allowances, the values of Building Base Distance 'F' and Storage
Base Distance 'S' should be multiplied by 0.2 to determine the required MDS setback.
FACTOR TABLES
Table 1: Factor A (Odour Potential) and
Factor D (Manure or Material Form in Storage Facility)
Animal
Description
Number
Factor
Manure or Material Form in
Type or
per NU
A
Permanent Storage
Material
Liquid Manure:
Solid Manure:
Factor D = 0.8
Factor D = 0.7
< 18%
18 - 100%
Dry Matter
Dry Matter
Swine
Sows with litter, dry sows/boars
3.33
Segregated Early Weaning (SEW)
Sows with litter, dry sows or
3.5
1.0
boars (non-SEW)
Breeder gilts (entire barn designed
5
specifically for this purpose)
Weaners (7 kg - 27 kg)
20
1.1
Feeders (27 - 105 kg)
6
1.2
Dairy Cattle
Milking-age cows (dry or milking)
- Large-framed; 545 kg - 636 kg
0.7
(e.g. Holsteins)
- Medium-framed; 455 kg - 545 kg
0.85
(e.g. Guernseys)
- Small-framed; 364 kg - 455 kg
1
0.7
(e.g. Jerseys)
Heifers (5 months to freshening)
- Large-framed; 182 kg - 545 kg
2
(e.g. Holsteins)
- Medium-framed; 148 kg - 455 kg
2.4
(e.g. Guernseys)
- Small-framed; 125 kg - 364 kg
2.9
(Jerseys)
Calves (0 - 5 months)
- Large-framed; 45 kg - 182 kg
6
(e.g. Holsteins)
- Medium-framed; 39 kg - 148 kg
7
0.7
(e.g. Guernseys)
- Small-framed; 30 kg - 125 kg
8.5
(Jerseys)
Beef Cattle
Cows, including calves to weaning
1
0.7
(all breeds)
Feeders (7 - 16 months)
3
Backgrounders (7 - 12.5 months)
3
0.8
Shortkeepers (12.5 - 17.5 months)
2
Most systems have
liquid manure stored
under the barn slats
for short or long
periods, or in storages
located outside
Systems with solid
manure inside on
deep bedded packs,
or with scraped alleys
Free-stall barns with
minimal bedding,
or sand bedding, or
tie-stall barns with
minimal bedding &
milking centre
washwater added
Tie-stall barns with
lots of bedding, or
loose housing with
deep bedded pack,
and with or without
outside yard access
Free-stall barns with
minimal bedding, or
sand bedding, or
tie-stall barns with
minimal bedding &
milking centre
washwater added
Bedded pens or stalls
or heavily bedded calf
hutches that are
outside
Bedded pack barns
with or without
outside yard access
N/A
Slatted floor systems,
or barns with minimal
bedding & yard scraped
to a liquid storage
42
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Animal
Description
Number
Factor
Manure or Material Form in
Type, or
per NU
A
Permanent Storage
Material
Liquid Manure:
Solid Manure:
Factor D = 0.8
Factor D = 0.7
Less than 18%
18 to 100%
Dry Matter
Dry Matter
Veal
Milk-fed
6
1.1
Grain-fed
6
0.8
Goats
Does & bucks (for meat kids; includes
8
unweaned offspring & replacements)
0.7
Does & bucks (for dairy; includes
8
unweaned offspring & replacements)
Kids (dairy or feeder kids)
20
Sheep
Ewes & rams (for meat lambs; includes 8
unweaned offspring & replacements)
Ewes & rams (dairy operation; includes
6
0.7
unweaned offspring & replacements)
Lambs (dairy or feeder lambs)
20
Horses
Large-framed, mature; > 681 kg
0.7
(including unweaned offspring)
Medium-framed, mature; 227 kg -
1
0.7
680 kg (including unweaned offspring)
Small-framed, mature; < 227 kg
2
(including unweaned offspring)
Chickens
Layer hens (for eating eggs; after
150
1.0
transfer from pullet barn)
Layer pullets (day olds until transferred
500
0.7
into layer barn)
Broiler breeder growers (males/females 300
0.7
N/A
Bedded floors
transferred out to layer barn)
Broiler breeder layers (males/females
100
0.7
N/A
Cage or slatted floor
transferred in from grower barn)
systems
Broilers on an 8 week cycle
350
Broilers on a 9 week cycle
300
Broilers on a 10 week cycle
250
0.7
N/A
Bedded floor systems
Broilers on a 12 week cycle
200
Broilers on any other cycle, or if
unknown, use 24.8 m2/NU
24.8 m2
Turkeys
Turkey pullets (day old until transferred
267
to layer turkey barn)
Turkey breeder layers (males/females
67
transferred in from grower barn)
Breeder toms
45
0.7
N/A
Bedded floor systems
Broilers (day olds to 6.2 kg)
133
Hens (day olds up to 6.2 kg to
105
10.8 kg; 7.5 kg is typical)
Toms (day olds to over 10.8 to 20 kg;
75
14.5 kg is typical)
Turkeys at any other weights, or if
unknown, use 24.8 m2/NU
24.8 m2
Slatted floors or
slatted stall system
Heavily bedded pack
barns
N/A
Heavily bedded pack
barns
N/A
All sheep systems
N/A
All horse systems
Birds in cages,
manure belts, no
drying of manure,
water added
Birds in cages,
manure belts &
drying, or floor
systems
43
Factor Tables
Animal
Description
Number
Factor
Manure or Material Form in
Type, or
per NU
A
Permanent Storage
Material
Liquid Manure:
Solid Manure:
Factor D = 0.8
Factor D = 0.7
Less than 18%
18 to 100%
Dry Matter
Dry Matter
Quail
Use 24.8 m2/NU
24.8 m2
0.7
N/A
Bedded floor systems
Partridge
Use 24.8 m2/NU
24.8 m2
Pheasants
Use 24.8 m2/NU
24.8 m2
Squab
Use 24.8 m2/NU
24.8 m2
Rheas
Adults (includes replacements
13
& market birds)
Emus
Adults (includes replacements
12
& market birds)
Ostriches
Adults (includes replacements
4
& market birds)
Ducks
Peking
105
0.8
Wire mesh
Bedded floor systems
Muscovy, use 24.8 m2/NU
24.8 m2
flooring systems
Geese
Use 24.8 m2/NU
24.8 m2
Rabbits
Breeding females (including males,
40
0.8
N/A
Cage or floor systems
replacements & market animals)
Chinchillas
Breeding females (including males,
320
replacements & market animals)
Fox
Breeding females (including males,
25
1.0
replacements & market animals)
Mink
Breeding females (including males,
90
replacements & market animals)
Bison
Adults (includes unweaned calves
1.3
& replacements)
Feeders (170 kg - 477 kg)
4
Llama
Adults (includes unweaned young
5
& replacements)
Feeders (45 kg - 86 kg)
16
0.7
N/A
Alpaca
Adults (includes unweaned young
8
& replacements)
Feeders (23 kg - 48 kg)
26
Wild Boar
Breeding age sows (includes boars,
5
replacements & weaned piglets
to 27 kg)
Finishing boars (27 kg - 86 kg)
7
Continued...
Bedded pack barns
with outside access or
outside confinement
areas
44
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Animal
Description
Number
Factor
Manure or Material Form in
Type, or
per NU
A
Permanent Storage
Material
Liquid Manure:
Solid Manure:
Factor D = 0.8
Factor D = 0.7
Less than 18%
18 to 100%
Dry Matter
Dry Matter
Deer
White tailed deer
- Adults > 24 mo (including
11
unweaned offspring)
- Feeders
21
Red deer
- Adults > 24 mo (including
7
unweaned offspring)
- Feeders
14
Elk
- Adults > 24 mo (including
2
0.7
unweaned offspring)
- Feeders
6
Elk/deer hybrids
- Adults > 24 mo (including
4
unweaned offspring)
- Feeders
10
Fallow deer
- Adults > 24 mo (including
13
unweaned offspring)
- Feeders
23
Other livestock
To determine the number per NU,
453.6 kg
0.8
not listed in this
add up the total maximum live
(1000 lbs)
table
weight of animals and divide by the
weight of animals per NU in the
next column
Manure
Maximum capacity of permanent
19.8 m3
1.2
imported
storages at any time: solid
(700 ft3)
to a lot not
or liquid capacity
generating
manure2
Storages for
Maximum capacity of permanent
19.8 m3
0.5
digestate from
storages at any time: solid
(700 ft3)
an Anaerobic
or liquid capacity
Digester (odours
reduced during
this process)
1. On farms with 100 milking-age cows (dry & milking), there are usually about 20 replacement calves and 80 replacement heifers.
2. Average value for typical types of manures that might be imported to a lot, such as poultry, dairy, beef, swine, horse or other manure.
N/A = Not Applicable
All storages with solid
manure
All storages with liquid
manure
Bedded pack barns
with outside access OR
outside confinement
areas
N/A
All storages with solid
manure
All storages with liquid
manure
All storages with solid
manure
All storages with liquid
manure
45
Factor Tables
Table 2: Factor B (Nutrient Units Factor)
In using Table 2 to determine Factor B, it may be necessary to interpolate a value for Factor B. For example, you
determine the total number of nutrient units at a livestock facility to be 255 NU. Table 2 provides a value for Factor
B for 250 NU and for 260 NU, but not for 255 NU. The value of Factor B for 250 NU is 435 and the value of Factor
B for 260 NU is 441. To determine Factor B for 255 NU interpolate between the numbers 435 and 441. In this
example, the value of Factor B for 255 NU is 438.
When interpolating a value for Factor B do not include more than two decimal places. Interpolated values with
more than two decimal places should be rounded accordingly. For example, if an interpolated value for Factor B is
calculated as 499.238, then use a value of 499.24 for Factor B in the MDS calculation.
For operations less than 5 NU in size, do not interpolate, but use a Factor B of 150. For operations greater than
5000 NU in size, contact OMAFRA staff to determine Factor B.
46
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Final NU
Factor B
Up to 5
150
6
153
7
157
8
160
9
163
10
167
11
170
12
173
13
177
14
180
15
183
16
187
17
190
18
193
19
197
20
200
21
202
22
204
23
206
24
208
25
210
26
212
27
214
28
216
29
218
30
220
31
222
32
224
33
226
34
228
35
230
36
232
37
234
38
236
39
238
40
240
41
242
42
244
43
246
44
248
45
250
Final NU
Factor B
46
252
47
254
48
256
49
258
50
260
52
264
54
268
56
272
58
276
60
280
62
282
64
284
66
285
68
287
70
289
72
291
74
293
76
294
78
296
80
298
82
300
84
301
86
303
88
305
90
307
92
309
94
310
96
312
98
314
100
316
102
318
104
320
106
322
108
324
110
326
112
329
114
331
116
333
118
335
120
337
122
339
Final NU
Factor B
124
340
126
342
128
344
130
346
135
351
140
355
145
360
150
364
155
368
160
372
165
376
170
380
175
384
180
388
185
392
190
395
195
399
200
402
205
406
210
409
215
413
220
416
225
419
230
423
235
426
240
429
245
432
250
435
260
441
270
447
280
453
290
458
300
464
310
469
320
474
330
480
340
485
350
490
360
494
370
499
380
504
Final NU
Factor B
390
508
400
513
410
517
420
522
430
526
440
530
450
535
460
539
470
543
480
547
490
551
500
555
520
562
540
570
560
577
580
584
600
591
620
598
640
605
660
611
680
618
700
624
750
639
800
654
850
668
900
681
950
694
1000
707
1100
731
1200
753
1300
775
1400
795
1500
815
2000
870
3000
980
4000
1090
5000
1200
Greater
Contact
than
OMAFRA
5000
staff
Table 3: Factor C (Orderly Expansion Factor)
In using Table 3 to determine Factor C, it may be necessary to interpolate a value for Factor C. For example, you
determine the percentage increase at a livestock facility to be 155%. Table 3 provides a value for Factor C for a
150% increase, and for a 160% increase, but not for a 155% increase. The value of Factor C for a 150% increase is
0.9371 and the value of Factor C for a 160% increase is 0.9497. To determine Factor C for a 155% increase interpolate
between the numbers 0.9371 and 0.9497. In this example, the value of Factor C for a 155% increase is 0.9434.
When interpolating a value for Factor C do not include more than four decimal places. Interpolated values with
more than four decimal places should be rounded accordingly. For example, if an interpolated value for Factor C is
calculated as 0.977643, then use a value of 0.9776 for Factor C in the MDS calculation.
For operations with a 0% increase, or a decrease, i.e. 'negative' percentage increase, use a value of 0.5000 for Factor
C. Do not interpolate below a value of 0.5000. For operations with a 700% increase or greater, or for a first livestock
facility, use a value of 1.1400 for Factor C. Do not interpolate above a value of 1.1400.
47
Factor Tables
% Increase in
Factor C
Nutrient Units
0% increase or
decreases
0.5000
('negative' increase)
1%
0.5062
2%
0.5124
3%
0.5186
4%
0.5248
5%
0.5310
6%
0.5372
7%
0.5434
8%
0.5496
9%
0.5558
10%
0.5620
11%
0.5682
12%
0.5744
13%
0.5806
14%
0.5868
15%
0.5930
16%
0.5992
17%
0.6054
18%
0.6116
19%
0.6178
20%
0.6240
21%
0.6302
22%
0.6364
23%
0.6426
24%
0.6488
25%
0.6550
26%
0.6612
% Increase in
Factor C
Nutrient Units
27%
0.6674
28%
0.6736
29%
0.6798
30%
0.6860
31%
0.6922
32%
0.6984
33%
0.7046
34%
0.7108
35%
0.7170
36%
0.7232
37%
0.7294
38%
0.7356
39%
0.7418
40%
0.7480
41%
0.7542
42%
0.7604
43%
0.7666
44%
0.7728
45%
0.7790
46%
0.7852
47%
0.7914
48%
0.7976
49%
0.8038
50%
0.8100
55%
0.8167
60%
0.8230
65%
0.8294
70%
0.8357
75%
0.8420
% Increase in
Factor C
Nutrient Units
80%
0.8484
85%
0.8547
90%
0.8610
95%
0.8674
100%
0.8737
105%
0.8800
110%
0.8864
115%
0.8927
120%
0.8990
125%
0.9054
130%
0.9117
135%
0.9180
140%
0.9244
145%
0.9307
150%
0.9371
160%
0.9497
170%
0.9624
180%
0.9751
190%
0.9877
200%
1.0000
300%
1.0280
400%
1.0560
500%
1.0840
600%
1.1120
700% increase,
1.1400
or more, or
First Livestock
Facility on lot
of record.
Table 4: Factor E (Encroaching Land Use Factor)
Encroachment of urban development
48
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Encroaching Land Use
Factor E
Type A Land Use
1.1
Type B Land Use
2.2
Storage
Solid or
Inside
Number
Description of permanent manure
Odour
Liquid
or Outside
referred
storages being sited by MDS II, or
Potential
System
Livestock
to in
encroached upon through
Facility
Table 6
MDS I application
(View
images in
Appendix A)
Inside
V1
Solid, inside, bedded pack
(manure accumulates under livestock over time)
Solid
Outside
V2
Solid, outside, covered
(cover keeps off precipitation to prevent runoff)
V3
Solid, outside, no cover, greater than or equal 30% dry matter
(manure is dry enough that a flowpath option can be used for
runoff control (Nutrient Management Act, 2002)
V4
Solid, outside, no cover, 18% to less than 30% dry matter,
with covered liquid runoff storage
Very Low
(manure not dry enough to soak up precipitation, so a liquid
runoff storage needed, but it has a permanent, tight cover
Inside
V5
Liquid, inside, underneath slatted floor
(manure is stored under the animals in the barn)
Liquid
Outside
V6
Liquid, outside, with a permanent, tight fitting cover
(negative pressure tarp, concrete lid, inflatable dome, etc.)
V7
Liquid, (digestate), outside, no cover (all manure has been
treated through anaerobic digestion, or a similar process
that reduces odours)
Solid
Outside
L1
Solid, outside, no cover, 18% to less than 30% dry matter,
with uncovered liquid runoff storage
(manure not dry enough to soak up precipitation, so a liquid Low
runoff storage needed, but it is uncovered, producing more
odour than in V4 above)
Liquid
Outside
L2
Liquid, outside, with a permanent floating cover
(tarps, foam panels, etc.)
Liquid
Outside
M1
Liquid, outside, no cover, straight-walled storage
(usually circular or rectangular concrete, or steel storages)
Medium
M2
Liquid, outside, roof, but with open sides
(roof keeps off precipitation, but the open sides allow wind to
travel over the manure and carry odours)
High
Liquid
Outside
H1
Liquid, outside, no cover, sloped-sided storage
(earthen manure storages, but not earthen runoff storages
associated with a solid manure storage which are L1 above)
Table 5: Permanent Manure or Material Storage Types
Solid Manure: 18% dry matter, or more
Liquid Manure: Less than 18% dry matter
Digestate: Less than 18% dry matter
49
Factor Tables
Table 6: MDS I/II Separation Distances for Permanent Manure or Material
Storage Types in Table 5
In using Table 6 (see page 51) to determine a value for 'S' - Storage Separation Distance, in some instances it may
be necessary to interpolate a value.
For example, you determine the value for Encroachment Base Distance 'F' to be 106 metres. From Table 5, you have
determined that the livestock facility uses a storage facility with an odour potential that is considered medium (M1).
Table 6 provides a value for Storage Separation Distance 'S' for an M1 Storage for an Encroachment Base Distance
'F' of 100 metres and for an Encroachment Base Distance 'F' of 110 metres, but not for an Encroachment Base Distance
'F' of 106 metres. The value of Storage Separation Distance 'S' for an M1 Storage with an Encroachment Base Distance
'F' of 100 metres, is 190 metres. The value of Storage Separation Distance 'S' for an M1 Storage with an Encroachment
Base Distance 'F' of 110 metres, is 199 metres. To determine the value of Storage Separation Distance 'S' for an M1
Storage, with an Encroachment Base Distance 'F' of 106 metres interpolate between the numbers 190 and 199. In
this example, the value of Storage Separation Distance 'S' for an M1 Storage, with an Encroachment Base Distance
'F' of 106 metres is 195.4 metres. This value should be rounded to the nearest whole number, in this case 195 metres.
When interpolating a value for Storage Separation Distance 'S' do not include any decimal places. Interpolated values
with decimal places should be rounded accordingly. For example, if an interpolated value for Storage Separation
Distance 'S' is calculated as 202.83 metres, then use a value of 203 metres for Storage Separation Distance 'S'.
In all instances, where Encroachment or Building Base Distance 'F' exceeds 1000 metres, then Storage Separation
Distance 'S' will be the same value as 'F'.
50
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Table 6: MDS I/II Separation Distances for Permanent Manure
Building Base
Storage Separation Distances Based on Relative Odour Potential -
Distance (m) for
Storage Base Distance, 'S' (m)
MDS II ('F'), or
Encroachment
Very Low
Low
Medium
High
Base Distance
Odour Storages
Odour Storages
Odour Storages Odour Storages
for MDS I ('F')
V1 to V7
L1 to L2
M1 to M2
H1
40
40
64
136
232
50
50
74
145
240
60
60
84
154
248
70
70
93
163
256
80
80
103
172
264
90
90
113
181
272
100
100
123
190
280
110
110
132
199
288
120
120
142
208
296
130
130
152
217
304
140
140
162
226
312
150
150
171
235
320
160
160
181
244
328
170
170
191
253
336
180
180
201
262
344
190
190
210
271
352
200
200
220
280
360
210
210
230
289
368
220
220
240
298
376
230
230
249
307
384
240
240
259
316
392
250
250
269
325
400
260
260
279
334
408
270
270
288
343
416
280
280
298
352
424
290
290
308
361
432
300
300
318
370
440
310
310
327
379
448
320
320
337
388
456
330
330
347
397
464
340
340
357
406
472
350
350
366
415
480
360
360
376
424
488
370
370
386
433
496
380
380
396
442
504
390
390
405
451
512
400
400
415
460
520
420
420
435
478
536
440
440
454
496
552
460
460
474
514
568
480
480
493
532
584
500
500
513
550
600
600
600
610
640
680
800
800
805
820
840
1000
1000
1000
1000
1000
Greater than 1000 m
Storage Base Distance, 'S', should be the same as Building Base Distance or Encroachment
Base Distance - 'F'
51
Factor Tables
APPENDIX A
MANURE OR MATERIAL
STORAGE TYPES
Type
Description
Image
V1
Solid, inside, bedded pack (manure accumulates under livestock over time)
V2
Solid, outside, covered (cover keeps off precipitation to prevent runoff)
V3
Solid, outside, no cover, greater than or equal 30% dry matter (manure
is dry enough that a flowpath option can be used for runoff control
(Nutrient Management Act, 2002)
V4
Solid, outside, no cover, 18% to less than 30% dry matter, with covered
liquid runoff storage (manure not dry enough to soak up precipitation, so
a liquid runoff storage needed, but it has a permanent, tight cover)
V5
Liquid, inside, underneath slatted floor (manure is stored under the animals
in the barn)
V6
Liquid, outside, with a permanent, tight fitting cover (negative pressure
tarp, concrete lid, inflatable dome, etc.)
V7
Liquid, (digestate), outside, no cover (all manure has been treated
through anaerobic digestion, or a similar process that reduces odours)
52
Minimum Distance Separation (MDS) Formulae - Implementation Guidelines
Type
Description
Image
L1
Solid, outside, no cover, 18% to less than 30% dry matter, with
uncovered liquid runoff storage (manure not dry enough to soak up
precipitation, so a liquid runoff storage needed, but it is uncovered,
producing more odour than in V4 above)
L2
Liquid, outside, with a permanent floating cover (tarps, foam panels, etc.)
M1
Liquid, outside, no cover, straight-walled storage (usually circular or
rectangular concrete, or steel storages)
M2
Liquid, outside, roof, but with open sides (roof keeps off precipitation,
but the open sides allow wind to travel over the manure and
carry odours)
H1
Liquid, outside, no cover, sloped-sided storage (earthen manure storages,
but not earthen runoff storages associated with a solid manure storage
which are L1 above)
53
Appendix
54
ADDITIONAL INFORMATION
For further information and additional reading on related topics, please consult the
following documents. Additional training materials on MDS may be available on
OMAFRA's website www.omafra.gov.on.ca.
Legislation
The Planning Act, 1990
The Farming and Food Production Protection Act, 1998
Publications - Ontario Ministry of Municipal Affairs and Housing
Provincial Policy Statement, 2005
Publications - Ontario Ministry of Agriculture, Food and Rural Affairs
Guide to Agricultural Land Use, Publication 824
Factsheets
The Farming and Food Production Protection Act (FFPPA) and Nuisance Complaints,
Order No. 05-013
Farmer and Neighbour Relations, Preventing and Resolvng Local Conflicts,
Order No. 05-001
What Rural Neighbours Can Expect From Large Livestock Operations, Order No. 06-027
Anaerobic Digestion Basics, Order No. 04-097
FOURTH LINE
THIRD LINE
COUNTY ROAD 124
MAIN STREET (HIGHWAY 89)
SCHOOL ROAD
COUNTY ROAD
PARK AVENUE
ANN STREET
THIRD AVENUE
MARIE STREET
FIRST AVENUE
BIRCH GROVE
MURIEL STREET
MAPLE COURT
PINE GROVE AVENUE
WELLINGTON STREET
JELLY STREET
SECOND LINE
CENTRE STREET
MILL STREET
SIMON COURT
JOSEPH STREET
RUSSELL CT
STEELES STREET
GORDON STREET
CENTENNIAL STREET
DUFFERIN STREET
SUSAN STREET
PINEVIEW GARDENS
GREENWOOD CRESCENT
BIRCHWOOD DR
FOURTH LINE
HIGHWAY 10
SECOND AVENUE
MAIN STREET (HIGHWAY 89)
GREENWOOD STREET
THIRTIETH SIDEROAD
FRANKLYN STREET
JELLY STREET
WILLIAM STREET
FOURTH AVENUE
ROBERT STREET
SHELBURNE PL
SANDHILL CT
MONICA COURT
WILLIAM STREET
SARAH CT
CEDAR STREET
WILLOW STREET
CANFIELD PLACE
OLDE VILLAGE LANE
OLDE VILLAGE CT
MARION ST
HOMESTEAD DRIVE
LONGBOW STREET
JOHN STREET
SECOND AVE
O'FLYNN ST
PINEVIEW GARDENS
SECOND LINE
ANDREW STREET
MAIN STREET (HIGHWAY 89)
JANE STREET
JAMES STREET
FIRST AVENUE
JAMES STREET
SIMON STREET
JELLY STREET
SIMON STREET
VICTORIA STREET
GRACIE STREET
JEFFREY STREET
CAROLYN ST
FIDDLE PARK LANE
ROBERT STREET
INDUSTRIAL ROAD
ADELINE STREET
OWEN SOUND STREET
OWEN SOUND STREET
BERRY STREET
G
R
E
E
NWOOD CRE
SCEN
T
MARILYN STREET
FIDDLE PARK LANE
BERRY STREET
GR
EE
N
W
O
O
D
C
R
ES
C
E
N
T
RIN
TO
UL
C
RE
SC
ENT
RINTOUL
C
RE
SCENT
SILK DRIVE
FLEMING WAY
SILK DRIVE
MURIEL STREET
JANE ST
ORVIS CRES
LUXTON WAY
PRENTICE DRIVE
SCHEDULE 'A' - Key Map
0
250
500
Meters
Town of Shelburne
Zoning By-law
1
2
3
4
5
6
7
8
9
±
BIRCH GROVE
MURIEL STREET
MAPLE COURT
SUSAN STREET
HIGHWAY 10
CEDAR STREET
GRACIE STREET
S
RIEL STREET
NE
NE
NE
R4
R4
D
NE
D
R3-3
D
R1
R3-2
R5-1
R1
NE
OSR
R1
R2
R2
R2
R1
OSR
R1-3
R2
C3(H)
R3-2
D
R3-2
R3
OSR
R1-2
R5-2
Meters
0
100
200
Town of Shelburne - SCHEDULE 'A' - Map 1
±
See Map 2
See Map 4
FOURTH LINE
ANN STREET
THIRD AVENUE
MARIE STREET
WELLINGT
GORDON STREET
SECOND AVENUE
MAIN STREET (HIGHWAY 89)
FOURTH AV
JOHN STREET
MAIN STREET (HIGHWAY 89)
JANE STREET
FIRST AVENUE
ADELINE STREET
SILK DRIVE
FLEMING WAY
SILK DRIVE
MURIEL STREET
JANE ST
R4
M2
M2
D
R3
R2
R2
I
R2
I
D
I
D
NE
NE
D
OSR
NE
D
I
R2
R2
R2
R2
R2
R4
C1
R4
R4
C3
R4
R2
I
R1
R2
C4
C2
R3
R2
R2
C4
R2
C1
R2
R4
R1
R2
C2
R2
R2
R2
R2
R2
R5
C2
C4
C1
R4
R1
R4
C2
C1
R2
R4
R4
R3
R1
R3
Meters
0
100
200
Town of Shelburne - SCHEDULE 'A' - Map 2
±
See Map 3
See Map 5
See Map 1
CBD Boundary
See Map 4
WELLING
JOS
J
R2
C4
M2
D
NE
M2
NE
R2
R2
Meters
0
100
200
Town of Shelburne - SCHEDULE 'A' - Map 3
±
See Map 6
See Map 2
See Map 5
THIRD LINE
PARK AVENUE
GREENWOOD CRESCENT
WILLOW STREET
CANFIELD PLACE
OLDE VILLAGE LANE
OLDE VILLAGE CT
MARION ST
CAROLYN ST
FIDDLE PARK LANE
OWEN SOUND STREET
BERRY STREET
G
R
E
E
NWOOD CRE
SCEN
T
MARILYN STREET
FIDDLE PARK LANE
BERRY STREET
GR
EE
N
W
O
O
D
C
R
ES
C
E
N
T
ORVIS CRES
R2
R2
R2
R2
R2
R2
R4
R2
OSR
M1
D
M1
R3
D
NE
D
MORDEN DRIVE
MORDEN DRIVE
WALLACE STREET
TANSLEY STREET
HALBERT DRIVE
WANSBURGH WAY
O'REILLY CRES
MORDEN DRIVE
IRWIN STREET
O'REILLY CRESCENT
DAVIS DRIVE
O'REILLY CRES
HAMMOND STREET
GREENWOOD STREET
HIGHWAY 10
OSR
D
R3
R3
OSR
R3
OSR
NE
R2
R3
NE
I
R3
R2
R3
R3
R3
R4
OSR
R4
R3
R3
R2
R3
D
R2
R2
R4
R2
R2
R2
C3(H)
R3
NE
R4
R4-1
R4
R2
OSR
R4
R4
R3
R2
R3
OSR
R4
R4
R3
R2
R4
R3
R3
R3
R2
R3
R3
R3
R3
R3
R2
R3
R3
R3-1
R3
D
R3
R3-1
R3
R4
R3-1
C2
R4
OSR
R3-1
R3-1
R3-1
R3-1
R2
R3
R3
R3
OSR
R3-1
Meters
0
100
200
Town of Shelburne - SCHEDULE 'A' - Map 4
See Map 5
See Map 7
See Map 1
±
SCHOOL ROAD
UE
FIRST AVENUE
PINE GROVE AVENUE
LLINGTON STREET
JELLY STREET
CENTRE STREET
JOSEPH STREET
RUSSELL CT
CENTENNIAL STREET
DUFFERIN STREET
PINEVIEW GARDENS
BIRCHWOOD DR
UE
GREENWOOD STREET
WILLIAM STREET
RTH AVENUE
ROBERT STREET
SHELBURNE PL
SANDHILL CT
MONICA COURT
WILLIAM STREET
SARAH CT
OLDE VILLAGE LANE
OLDE VILLAGE CT
HOMESTEAD DRIVE
LONGBOW STREET
SECOND AVE
O'FLYNN ST
PINEVIEW GARDENS
ANDREW STREET
JAMES STREET
UE
JAMES STREET
ON STREET
JELLY STREET
JEFFREY STREET
ROBERT STREET
INDUSTRIAL ROAD
OWEN SOUND STREET
RIN
TO
UL
C
RE
SCENT
RINTOUL
C
RE
SCENT
M1
R2
R2
I
R2 R2
R2
R2
OSR
MAIN STREET (HIGHWAY 89)
VICTORIA STREET
R5
OSR
R2
R4
D
M1-F
NE
NE
R4
OSR
M1
R2
R3
SIMON STREET
I
I
I
OSR
NE
R2
NE
I
I
R5
R2
R2
M1
M1
R1-1
R2
R2
R5
I
R4
C3
C1
R4
R2
C2
I(F)
I
I
R2
R2
R2
R5
R4
C2
R2
R2
R4
R2
R2
C4
R2
R2
R2
R2
C2
R2
R2
R2
I
R2
R4
R2
R2
I
R2
R2
R2
R2
R2
R5
R4
C1
C1
C4
I
R2
R4
R2
R2
R2
R2
R2
R5
R2
R2
R4
C2
R2
R2
R2
R2
I
I
R2
R2
R2
C3
R2
R2
R2
R2
R2
C1
R2
C2
R2
R2
R2
C2
R3
R4
R2
R2
R2
R2
R4
R4
R2
R2
C2
C2
C4
C4
R2
C2
M1-2
I
OSR
I
R2
C1
R4
R2-1
R4
R2
R4
R5-F
R2
C2-2
R2
R4
R4
R4
R4
R2
R4
R4
R2
R2-_
C2
M1-F
C2-1
R2
R4
C2-3
R2-3
Meters
0
100
200
Town of Shelburne - SCHEDULE 'A' - Map 5
See Map 6
See Map 8
See Map 2
±
See Map 4
CBD Boundary
C
MILL STREET
SIMON COURT
JOSEPH STREET
THIRTIETH SIDEROAD
FRANKLYN STREET
JELLY STREET
HOMESTEAD
LONGBOW STREET
SIMON STREET
SIMON STREET
VICTORIA STREET
JEFFREY STREET
TREET
OSR
R2
R4
M1
M1
M1
D
NE
R4
R4
NE
NE
M2
(COUNTY ROAD 11)
OSR
R4
LUXTON WAY
PRENTICE DRIVE
I
M1
I
NE
OSR
M1
R4
D
R2
R4
D
R2
R2
M1-1
I
R2
M1
R2
R4
R2
R5
R5
R2
R2
R2
R4
R2
R2
M1-1(H)
NE
R2
R2
R2
M1-1(H)
R2
R4
Meters
0
100
200
Town of Shelburne - SCHEDULE 'A' - Map 6
See Map 9
See Map 3
±
See Map 5
M1
AMMOND STREET
WANSBURGH WAY
OSR
R3
R3
COUNTY ROAD 124
D
M1
D
C4-1(H)
R3
C4-1(H)
Meters
0
100
200
Town of Shelburne - SCHEDULE 'A' - Map 7
See Map 8
See Map 4
±
SCHEDULE A TO BY-LAW 24-2012
COUNTY ROAD 124
MAIN STREET (HIGHWAY 89)
AD
SECOND LINE
STEELES STREET
STRIAL ROAD
T
I
R1-1
M1
I
I
(COUNTY ROAD 11)
NE
I-F
D
NE
NE
M1
NE
C4-2
M1
C3
C4
D
M1-F
C4
M1
C4
C4
C4
Meters
0
100
200
Town of Shelburne - SCHEDULE 'A' - Map 8
See Map 9
See Map 5
±
See Map 7
SCHEDULE A TO BY-LAW 24-2012
SECOND LINE
I
1)
NE
NE
I
M1
T
NE
Meters
0
100
200
Town of Shelburne - SCHEDULE 'A' - Map 9
See Map 6
±
See Map 8
SCHEDULE A TO BY-LAW 24-2012
FOURTH LINE
THIRD LINE
COUNTY ROAD 124
MAIN STREET (HIGHWAY 89)
SCHOOL ROAD
COUNTY ROAD
PARK AVENUE
ANN STREET
THIRD AVENUE
MARIE STREET
FIRST AVENUE
BIRCH GROVE
MURIEL STREET
MAPLE COURT
PINE GROVE AVENUE
WELLINGTON STREET
JELLY STREET
SECOND LINE
CENTRE STREET
MILL STREET
SIMON COURT
JOSEPH STREET
RUSSELL CT
STEELES STREET
GORDON STREET
CENTENNIAL STREET
DUFFERIN STREET
SUSAN STREET
PINEVIEW GARDENS
GREENWOOD CRESCENT
BIRCHWOOD DR
FOURTH LINE
HIGHWAY 10
SECOND AVENUE
MAIN STREET (HIGHWAY 89)
GREENWOOD STREET
THIRTIETH SIDEROAD
FRANKLYN STREET
JELLY STREET
WILLIAM STREET
FOURTH AVENUE
ROBERT STREET
SHELBURNE PL
SANDHILL CT
MONICA COURT
WILLIAM STREET
SARAH CT
CEDAR STREET
WILLOW STREET
CANFIELD PLACE
OLDE VILLAGE LANE
OLDE VILLAGE CT
MARION ST
HOMESTEAD DRIVE
LONGBOW STREET
JOHN STREET
SECOND AVE
O'FLYNN ST
PINEVIEW GARDENS
SECOND LINE
ANDREW STREET
MAIN STREET (HIGHWAY 89)
JANE STREET
JAMES STREET
FIRST AVENUE
JAMES STREET
SIMON STREET
JELLY STREET
SIMON STREET
VICTORIA STREET
GRACIE STREET
JEFFREY STREET
CAROLYN ST
FIDDLE PARK LANE
ROBERT STREET
INDUSTRIAL ROAD
ADELINE STREET
OWEN SOUND STREET
OWEN SOUND STREET
BERRY STREET
G
R
E
E
NWOOD CRE
SCEN
T
MARILYN STREET
FIDDLE PARK LANE
BERRY STREET
GR
EE
N
W
O
O
D
C
R
ES
C
E
N
T
RIN
TO
UL
C
RE
SC
ENT
RINTOUL
C
RE
SCENT
SILK DRIVE
FLEMING WAY
SILK DRIVE
MURIEL STREET
JANE ST
ORVIS CRES
LUXTON WAY
PRENTICE DRIVE
SCHEDULE 'B' - Wellhead Protection Areas
0
250
500
Meters
Town of Shelburne
Zoning By-law
±
2 Years
5 Years
10 Years
25 Years