Zoning By-Law Consolidated as of November 2022

South Dundas, Ontario

This is the exact embedded text of the captured official document. Snapshot 6ac88e5e6192 · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Page 0 of 260 THE CORPORATION OF THE TOWNSHIP OF SOUTH DUNDAS BY-LAW NO. 2010-48 July 20, 2010 Prepared by: J.L. RICHARDS & ASSOCIATES LIMITED Consulting Engineers, Architects & Planners 864 Lady Ellen Place Ottawa, ON K1Z 5M2 JLR 22060 NOVEMBER 2022 OFFICE CONSOLIDATION Page 1 of 260 THE CORPORATION OF THE TOWNSHIP OF SOUTH DUNDAS BY-LAW NO. 2010-48 A BY-LAW OF THE CORPORATON OF THE TOWNSHIP OF SOUTH DUNDAS regulating the use of all land; and the density, size, location and use of all buildings within its territory. WHEREAS an Official Plan was approved for the United Counties of Stormont, Dundas and Glengarry, on July 18, 2005 AND WHEREAS Section 27 of the Planning Act requires that the Zoning By-law of the Township of South Dundas be amended to conform to the Official Plan of the United Counties of Stormont, Dundas and Glengarry; AND WHEREAS Section 24 of the Planning Act provides that no Zoning By-law may be passed that does not conform with the Official Plan of the United Counties of Stormont, Dundas and Glengarry; AND WHEREAS it is now deemed necessary and expedient to enact a new Zoning By-law for the Township of South Dundas which will be in conformity the Official Plan; NOW THEREFORE the Council of The Corporation of the Township of South Dundas, pursuant to Section 34 of the Planning Act, R.S.O. 1990, chapter P.13, enacts as follows: Page 2 of 260 TABLE OF CONTENTS BY-LAW NO. 2010-48 1 TABLE OF CONTENTS 2 - 6 SECTION 1 AUTHORIZATION AND ADMINISTRATION 7 - 13 1.1 TITLE 7 1.2 DEFINED AREA 7 1.3 SCOPE 7 1.4 VIOLATIONS AND PENALTIES 7 1.5 REMEDIES 7 1.6 EFFECTIVE DATE 7 1.7 VALIDITY 8 1.8 ADMINISTRATOR 8 1.9 INSPECTION OF PREMISES 8 1.10 LICENCES AND PERMITS 8 1.11 CERTIFICATE OF OCCUPANCY 8 1.12 APPLICATIONS AND PLANS 8 1.13 INTERPRETATION 9 1.14 REPEAL OF EXISTING BY-LAWS 12 1.15 REQUEST FOR AMENDMENT 13 1.16 NOTES 13 SECTION 2 DEFINITIONS 14 - 42 SECTION 3 GENERAL PROVISIONS 43 - 67 3.1 ACCESSORY USES 43 3.2 ADULT ENTERTAINMENT PARLOURS 44 3.3 BED AND BREAKFAST 44 Page 3 of 260 3.4 BUILDINGS TO BE MOVED 45 3.5 BULK AND FUEL STORAGE TANKS 45 3.6 COMMERCIAL PATIOS 45 3.7 CORNER LOT SIGHT LINES 46 3.8 CUMULATIVE STANDARDS 46 3.9 ESTABLISHED BUILDING LINE IN BUILT-UP AREA 46 3.10 FRONTAGE ON IMPROVED STREET 46 3.11 GARDEN SUITES 46 3.12 GROUP HOMES 47 3.13 HEIGHT EXCEPTIONS 48 3.14 HOME INDUSTRIES 48 3.15 HOME OCCUPATIONS 48 3.16 INTESIVE LIVESTOCK OPERATIONS 50 3.17 KEEPING OF LIVESTOCK 50 3.18 KENNELS 50 3.19 LANDSCAPED OPEN SPACE 50 3.20 LOADING REQUIREMENTS 51 3.21 MUNICIPAL SERVICES 52 3.22 NON-CONFORMING USES 52 3.23 OCCUPANCY RESTRICTIONS 54 3.24 OPEN STORAGE 54 3.25 OUTDOOR ILLUMINATION 55 3.26 PARK 55 3.27 PARKING REQUIREMENTS 55 3.28 PUBLIC USES 57 3.29 RAILWAY CROSSINGS AND SIGHT DISTANCE 58 3.30 RENEWABLE ENERGY SYSTEMS 58 3.31 SEPARATION DISTANCES 60 3.32 SETBACKS 61 Page 4 of 260 3.33 SIGNS 61 3.34 SPECIAL PROVISIONS 62 3.35 STORAGE OF SPECIAL VEHICLES 63 3.36 SWIMMING POOLS 64 3.37 TEMPORARY USES 65 3.38 THROUGH LOTS 65 3.39 YARD ENCROACHMENTS 65 3.40 CANNABIS PROCESSING FACILITY 66 3.41 SHORT TERM RENTALS 66 3.42 ADDITIONAL RESIDENTIAL UNITS 66 3.43 FENCE 67 SECTION 4 ZONES 68 - 69 4.1 ZONE CLASSIFICATIONS 68 4.2 SCHEDULES 68 4.3 STREETS AND RIGHTS-OF-WAY 69 4.4 HOLDING ZONES 69 4.5 SPECIAL EXCEPTION ZONES 69 4.6 TEMPORARY USE ZONES 69 4.7 UNSTABLE SLOPES 69 SECTION 5 RESIDENTIAL ZONES 70 - 103 5.1 RESIDENTIAL FIRST DENSITY (R1) ZONE 70 5.2 RESIDENTIAL SECOND DENSITY (R2) ZONE 72 5.3 RESIDENTIAL THIRD DENSITY (R3) ZONE 79 5.4 RESIDENTIAL FOURTH DENSITY (R4) ZONE 80 5.5 RESIDENTIAL HAMLET (RH) ZONE 85 5.6 RESIDENTIAL RURAL (RR) ZONE 95 5.7 RESIDENTIAL MOBILE HOME (RMH) ZONE 96 Page 5 of 260 5.8 RESIDENTIAL WATERFRONT (RW) ZONE 98 5.9 RESIDENTIAL ESTATE (RE) ZONE 102 5.10 ADDITIONAL PROVISIONS FOR ALL RESIDENTIAL ZONES 103 SECTION 6 COMMERCIAL ZONES 104 - 122 6.1 GENERAL COMMERCIAL (CG) ZONE 104 6.2 LOCAL COMMERCIAL (CL) ZONE 108 6.3 HIGHWAY COMMERCIAL (CH) ZONE 110 6.4 TOURIST COMMERCIAL (CT) ZONE 114 6.5 RURAL COMMERCIAL (CR) ZONE 117 6.6 ADDITIONAL PROVISIONS FOR ALL COMMERCIAL ZONES 121 SECTION 7 INSTITUTIONAL ZONES 123 - 125 SECTION 8 INDUSTRIAL ZONES 126 - 135 SECTION 9 OPEN SPACE ZONES 136 - 138 SECTION 10 AGRICULTURAL ZONES 139 - 161 SECTION 11 RURAL ZONES 162 - 173 SECTION 12 WRECKING YARD ZONES 173 - 174 SECTION 13 WASTE MANAGEMENT ZONES 175 SECTION 14 MINERAL AGGREGATE ZONES 176 - 177 SECTION 15 FLOOD PLAIN ZONES 179 Page 6 of 260 SECTION 16 WETLANDS ZONE 180 SECTION 17 ANSI ZONE 181 SECTION 18 APPENDICES 182 - 193 SCHEDULE 1 MATILDA 183 SCHEDULE 2 WILLIAMSBURG 184 SCHEDULE 3 IROQUOIS 185 SCHEDULE 4 MORRISBURG 186 SCHEDULE 5 MATILDA NORTH HAMLETS 187 SCHEDULE 6 MATILDA SOUTH HAMLETS 188 SCHEDULE 7 WILLIAMSBURG HAMLETS 189 SCHEDULE 8 IROQUOIS WEST 190 SCHEDULE 9 LAKESHORE 191 SCHEDULE 10 UPPER CANADA WEST 192 SCHEDULE 11 UPPER CANADA EAST 193 SCHEDULE 12 AMENDMENTS TO ZONING BY-LAW 194 - 259 (CONSOLIDATED) Page 7 of 260 SECTION 1 AUTHORIZATION AND ADMINISTRATION 1.1 Title This By-law shall be known as the "Zoning By-law" of the Corporation of the Township of South Dundas. 1.2 Defined Area The provisions of this By-law shall apply to all lands within the boundaries of the Township of South Dundas. 1.3 Scope No land shall be used and no buildings or structures shall be erected, altered, enlarged, or used within the Township of South Dundas except in conformity with the provisions of this By-law. This By-law shall not reduce or mitigate any restrictions lawfully imposed by an authority having jurisdiction to make such restrictions. No person shall change the purpose for which any land, building or structure is used, or erect any new building or structure or addition to any existing building or structure or sever any lands from an existing parcel if the effect of such action is to cause the original, adjoining or remaining lands, buildings or structures to be in contravention of this By-law. 1.4 Violations and Penalties Any person convicted of a breach of any of the provisions of this By-law shall be liable to a fine in accordance with the provisions of the Planning Act and every penalty shall be recoverable under the Provincial Offences Act. Where a conviction is entered under this Subsection, in addition to any other remedy or any penalty provided by this By-law, the applicable court may make an order prohibiting the continuation or repetition of the offence by the person convicted. 1.5 Remedies Where any building, structure or use is in contravention of any provisions of this By-law, such contravention may be restrained by action at the instance of any ratepayer or by the Corporation. 1.6 Effective Date This By-law shall come into full force and effect as of the date of passing by Council, subject to the provisions of the Planning Act. Page 8 of 260 1.7 Validity Should any section, clause or provision of this By-law be held by a court of competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected. 1.8 Administrator This By-law shall be administered by a person designated by the Council of the Township of South Dundas as the "Zoning Administrator". 1.9 Inspection of Premises The Zoning Administrator or any employee of the Corporation acting under his direction, may, at any reasonable hour, request entry to inspect a property or premises for the purpose of carrying out his duties under this By-law. Notwithstanding the foregoing, the Zoning Administrator, By-law Enforcement Officer or other employee shall not enter into a dwelling unit without the consent of the occupant except under the authority of a search warrant. 1.10 Licences and Permits No municipal permit, certificate, or licence shall be issued for a proposed use of land or a proposed erection, alteration, enlargement or use of any building or structure that is in contravention of any provision of this By-law. In addition, where the approval of another agency or authority is required, such approval shall be obtained and submitted to the Zoning Administrator prior to the issuance of a building permit. Notwithstanding the above, receipt of such approval shall not be deemed to establish conformity with the provisions of this By-law. 1.11 Certificate of Occupancy No change shall be made in the type of use of any land, building or structure within any zone, without first obtaining a Certificate of Occupancy, from the Municipality, in accordance with the Ontario Building Code, as amended. 1.12 Applications and Plans In addition to the requirements of any Building By-law, every application for a building permit shall be accompanied by a plan, in duplicate, drawn to scale and showing the following: (a) the true dimensions of the lot to be built upon or otherwise used; (b) the proposed location, height and dimensions of any building, structure or use proposed for such lot, including any water supply and sewage disposal facilities; Page 9 of 260 (c) the proposed locations and dimensions of yards, landscaped open spaces, parking areas and loading spaces required by this By-law; (d) the location of all existing buildings or structures on the lot; and (e) a statement signed by the owner, disclosing the exact use proposed for each building, structure or use and giving all information necessary to determine if such proposed or existing building, structure or use conforms to the requirements of this By-law. 1.13 Interpretation (1) Definitions In this By-law, unless the context requires otherwise, the definitions set out in Section 2 hereof shall apply. Words not defined shall have the customary meaning or as defined in a standard dictionary. (2) Singular and Plural Words and Genders In this By-law, unless the context requires otherwise: (a) words used in the singular include the plural; (b) words used in the plural include the singular; and (c) words used in the masculine gender include the feminine and neuter. (3) "Shall" is Mandatory In this By-law, the word "shall" is mandatory. (4) "Use" and "Occupy" In this By-law, unless the context requires otherwise: (a) the verb "use" shall include "design to be used", "arrange to be used", "intend to be used", and "permit to be used"; and (b) the verb "occupy" shall include "design to be occupied", "arrange to be occupied", "intend to be occupied", and "permit to be occupied". (5) Schedules to By-law which are attached hereto and described in this Section are hereby made a part of this By-law as fully and to all intents and purposes as though recited in full herein. Schedules may be referred to as the Zoning Maps: Schedule 1 - Matilda Schedule 2 - Williamsburg Schedule 3 - Iroquois Schedule 4 - Morrisburg Schedule 5 - Matilda - North Hamlets Schedule 6 -Matilda - South Hamlets Schedule 7 - Williamsburg Hamlets Schedule 8 - Iroquois West Page 10 of 260 Schedule 9 - Lakeshore Schedule 10 - Upper Canada West, and Schedule 11 -Upper Canada East (6) Interpretation of Zoning Boundaries (a) Boundaries of zones shall be construed wherever possible, to be concurrent with lot lines of a registered plan, property boundaries, centre lines of streets, street allowances, closed street allowances, rights-of-way for railways, hydro-electric transmission corridors or pipelines, lot or concession boundaries, or high water marks, water courses, regulatory floodlines or other conservation authority regulation lines or boundaries of registered plans. In the event that a street, lane, right-of-way or any portion thereof is closed and where such street or right-of-way was a zone boundary, the new zone boundary shall be the former centre line of the closed street, lane, or right-of-way. (b) Where the boundary of a zone appears to be parallel to a lot line, property boundary, a street, highway, lane or a street allowance, a closed street allowance or the right-of-way of a railway, hydro-electric transmission corridor or pipeline, such boundary shall be construed as being parallel to such feature at the distance determined by the scale of the applicable Schedule. (c) Where a zone boundary is indicated as approximately following a natural feature such as a height of land, ridge or contour line, the boundary shall be the natural feature. Where a zone boundary is shown to follow a shoreline, the high water mark and any changes thereto shall be taken to be the boundary. Where the boundary of an environmental protection zone, hazard zone or wetland zone, watercourse, top of bank, high water mark or similar environmental feature as interpreted in the field to the satisfaction of the conservation authority or the Ministry of Natural Resources varies from the limit shown on Schedule "A" to this By-law, the refined limit as interpreted in the field, shall be deemed to be the zone boundary, without the requirement for an amendment to the By-law. (d) Where a zone boundary is indicated as passing through undeveloped land, the said boundary shall be scaled from the applicable Schedules. (e) Where a zone boundary is indicated as approximately following Township or Settlement Area limits, the limits shall be the same as the noted limit. (f) Where none of the foregoing provisions apply and where appropriate, the boundaries shall be scaled from the applicable Schedules. Page 11 of 260 (g) Where the boundary of a zone is represented on Schedules showing varied levels of detail, and such boundary is contested due to conflict, the boundary shall be deemed to be that as shown on the more detailed or smaller scale schedule. (7) Multiple Uses Unless otherwise prohibited by this By-law and provided all the applicable requirements of this By-law are satisfied, a lot, structure or building may contain more than one use permitted in the designated zone. Where any land or building is used for more than one purpose, use or zone, all provisions of this By-law relating to each use shall be complied with except as otherwise provided for in this By-law. Where there is conflict between the requirements of such uses (e.g. lot size, lot frontage or yards), the more restrictive requirements shall prevail. (8) Lot Coverage Requirements Unless otherwise provided, the maximum lot coverage requirements of any individual zone shall include the total area of a lot that can be covered by both main buildings and accessory buildings contained on the lot. (9) Typographical Corrections No amendment to this By-law shall be required in order for the Corporation to make typographical changes where, in the opinion of the Corporation, such corrections do not affect the intent of the By-law. (10) References to Other Legislation and Agencies Where this By-law makes reference to legislation of the Government of Ontario or the Government of Canada, such reference shall be deemed to include any and all amendments or successors or changes in the titles, numbering, or regulations thereunder. Where this By-law makes reference to the jurisdiction of a public agency and where the name or responsibilities of said public agency are changed, the said reference shall be deemed to include any and all successors to such public agency or legislation. Reference to MDS I or MDS II formulae shall be deemed to include the most current standards. (11) Compliance with Zoning Requirements The extent and boundaries of all zones are shown on the Schedules attached hereto. For all such zones, both the general provisions and specific zone provisions shall be met. The provisions of this By-law shall be held to be the minimum (or maximum, where applicable) requirements adopted for the promotion of the public Page 12 of 260 health, safety, convenience and general welfare of the public. Nothing shall prevent any person from erecting a building or structure or from undertaking any development which exceeds the minimum requirements of this By-law. (12) Zone Symbols The short form symbols used on the Schedules attached hereto refer to individual zones used in the By-law and may be used when describing or making reference to any zone herein. (13) Lots Split By More Than One Zone Where a lot has more than one zone applying to it, each such portion of the lot shall be used in accordance with the provisions of this By-law for the applicable zones. Where the use or uses of a lot divided into two or more zones are permitted in all such zones, the more restrictive zone requirements shall apply. (14) Calculation of Numerical Requirements Where the application of this By-law results in a fraction the more restrictive requirement shall apply. (15) Lots Affected By Government Action Where a lot is reduced by a Government action such as road widening, property acquisition or expropriation and the resulting lot is below the minimum lot frontage or area for the zone, or a setback is no longer in conformity, or if any other provision of the By-law is no longer in conformity as a result of such action, the lot shall be deemed to be in conformity with the requirements provided all other applicable requirements of the zone and this By-law are satisfied. (16) Prohibited Uses With respect to any lands to which this By-law applies, all uses are prohibited unless specifically permitted in this By-law. 1.14 Repeal of Existing By laws The following Zoning By-laws and all amendments thereto of the former Village of Morrisburg (38-81), the former Village of Iroquois (5-93), the former Township of Matilda (93-34), and the former Township of Williamsburg (23-80) enacted pursuant to Section 34 of the Planning Act, as they may affect the lands which are governed by this By-law, are hereby repealed and such repeal shall come into effect upon the date that this By-law comes into force. Page 13 of 260 1.15 Request for Amendment Every request for an amendment to this Zoning By-law shall be accompanied by two (2) completed copies of the Corporation's "Application for Amendment to Zoning By-law". 1.16 Notes Where "notes" are included in this By-law, they are provided for explanation purposes and do not form a part of this By-law. Page 14 of 260 SECTION 2 DEFINITIONS For the purpose of this By-law, the definitions and interpretations given in this Section shall apply: Abattoir shall mean a building or structure wherein animals are slaughtered and processed for packaging, distribution and resale. Accessory shall mean a use, building or structure customarily incidental and subordinate to the principal use and located on the same lot with such main use. That Section 2 'Definitions' be amended by inserting the following definition immediately following 'Accessory': Addition Residential Unit means a separate dwelling unit which is either located in a single detached dwelling, semi-detached dwelling, rowhouse or an accessory building or structure. Adult Entertainment Parlour shall mean a place in which is provided pursuance of a trade, calling, business or occupation, live entertainment or services appealing to or designed to appeal to erotic or sexual appetites or inclinations, and may include a restaurant as an accessory use. Adverse Effects shall mean one or more of the following: impairment of the quality of the natural environment for any use that can be made of it, injury or damage to property or plant or animal life, harm or material discomfort to a person, an adverse effect on the health of any person, impairment of the safety of any person, rendering any property or plant or animal life unfit for human use, loss of enjoyment of normal use of property and interference with normal conduct of business. Agricultural Use shall mean the use of land, building or structures for: (a) the growing of crops, including all related activities such as soil preparation, manure or fertilizer storage and spreading, sludge application to land which complies with Ministry of the Environment guidelines, planting, spraying, irrigating, harvesting and also including the storage and sale of crops; (b) the raising, boarding, keeping and sale of all forms of domestic livestock, except dogs or exotic animals, including all related activities such as breeding, raising, training, feeding and grazing and including the breeding and raising of poultry, bees or fish; (c) the production of animal products such as milk, eggs, wool, fur or honey, including related activities such as the collection, storage and sale of products; (d) accessory greenhouse or nursery garden, including storage and sale of the products; (e) forestry activities including the planting, harvesting and sale of forest products, including a portable sawmill Page 15 of 260 (f) and also including the use and accessory maintenance and storage of all forms of equipment or machinery needed to accomplish the foregoing activities. Unless allowed under the definition of a rural home occupation, an agricultural use shall not be construed to include commercial or industrial activities related to agriculture such as abattoirs, tanneries, grain drying sod farming and sale outlets, equipment sale or rental, manufacturing or processing activities involving farm crops or animal products. That the definition for 'Agricultural Use', in Section 2, 'Definitions' be amended by inserting the following words: "including cannabis cultivation" between the words "harvesting" and "and also including the storage and sale of crops". That Section 2 'Definitions' be further amended by inserting the following definition following Agricultural Use: "Air Treatment Control: shall mean the functional use of an industrial grade multi- stage carbon filtration system, or similar technology, to reduce and/or treat the emission of pollen, dust and odours expelled from a facility and sized accordingly in comparison to the facility it serves as designed by a qualified person(s)." Alter shall mean: (a) with reference to a building or part thereof, to change any one or more of the external dimensions of the building or to change the type of construction of the exterior walls or roof; (b) with reference to a lot, to change the area, frontage or depth thereof; to change the width, depth or area of any required yard, landscaped open space or parking area; or to change the location of any boundary of such lot with respect to a street or lane, whether such alteration is made by conveyance or alienation of any portion of such lot or otherwise. Altered and alteration shall have corresponding meanings. Alternative Energy System shall mean sources of energy or energy conversion process that significantly reduce he amount of harmful emissions to the environment (air, earth and water) when compared to conventional systems. Animal Hospital shall mean a building or part of a building used by a veterinary surgeon where companion domestic animals (household pets) and birds are kept for treatment including surgery, and where veterinary drugs and other related products, including pet food, may be sold. The treatment of livestock (cattle, horses, etc.) and similar animals is specifically excluded. Assembly Hall shall mean a Building or Structure or part of thereof where facilities are provided for athletic, civic, educational, political or social events, trade shows, conferences, fashion shows and may include an arena, auditorium, community centre, Page 16 of 260 gymnasium, stadium, theatre, banquet hall, auction hall or similar use and are operated for gain or profit. Attached shall mean a building or structure otherwise complete in itself, which depends for structural support, or complete enclosure, upon a division wall or walls shared in common with adjacent buildings or structures. Attic shall mean that portion of a building immediately below the roof and wholly or partly within the roof framing. Auction Establishment shall mean the offering for sale of new and used goods by means of request or invitation for bids, includes a livestock auction sales barn and vehicle or liquidation auction. Automobile Body Shop shall mean an establishment where motor vehicle bodies, exteriors or undercarriages are painted or repaired. Accessory uses may include a towing service and the rental of motor vehicles to customers whose motor vehicles are being repaired. This definition shall not include a salvage yard as defined herein. Automobile Dealership shall mean a place where new or used passenger or family vehicles such as cars, vans, motorcycles and trucks, are leased, rented, sold or auctioned at retail. Accessory uses may include enclosed and/or exterior showroom and areas for display; car wash; automobile service; automotive parts sales/distribution; automobile body and structural work and painting; storage and parking areas for vehicles which are for lease, rent, sale or auction and for those being serviced by the dealership; office space; and restricted eating establishment. Automobile Service Station shall mean a building where gasoline, propane, diesel fuel or oil is kept for sale including alternative sources of fuel, where only minor or emergency repairs essential to the actual operation of motor vehicles may also be performed, where grease, anti-freeze, tires, spark plugs and other automobile accessories may be sold incidentally, and where motor vehicles may also be oiled, greased, or washed, but where no other activities of a commercial garage are carried on. Automotive Store shall mean an establishment primarily engaged in the retail sale of vehicle parts, accessories and tools. Accessory uses may include service bays for performing maintenance and repair operations on motor vehicles. This definition shall not include any establishment otherwise defined herein or specifically named elsewhere in this By-law. Bake Shop shall mean a building or portion of a building where baked foods are made for retail sale on the premises. Bakery shall mean a building or portion of a building wherein baked foods are produced and processed for packaging, distribution and resale off the premises. A bake shop is a permitted accessory use in a bakery. Page 17 of 260 Basement shall mean that portion of a building between two floor levels which is partly underground but which has at least one-half of its height from finished floor to finished ceiling above the average level of ground adjacent to the exterior walls of the building. Bed and Breakfast shall mean a private residence, limited to a single detached dwelling, which is operated to provide the travelling public with sleeping accommodations on a maximum of four (4) rooms and other related services and facilities within the occupant's dwelling. Biomass Energy System shall mean a renewable electrical generation facility using renewable biomass resources and/or waste products that produces electrical power for needs of a user or to feed into the transmission or local distribution grid. "Biomass" means any plant derived organic matter available on a renewable basis. A biomass energy system includes all components, supporting infrastructure, and outbuildings. Bio-solids shall mean nutrient rich organic by-products of the anaerobic digested waste water treatment process. Boarding House shall include a rooming house, and shall mean a building or portion thereof other than a hotel or motel where lodging with or without meals is provided for compensation and this definition shall include a lodging or rooming house. Boat House shall mean an accessory building or structure intended for use to house, shelter, or protect a boat or other form of water transportation, which shall not be capable of being occupied as a permanent or seasonal dwelling. When constructed in association with a dwelling, a boat house shall be deemed to be an accessory building. Consultation with the applicable Conservation Authority will be required for any new boat house. Building shall mean a structure having a roof supported by columns or walls or directly on the foundation and used for the shelter and accommodation of persons, animals or goods: (a) Accessory Building shall mean a building customarily incidental and subordinate to the main use or building and located on the same lot with such main use or building. (b) Main Building shall mean the building serving the principal or primary uses for which the lot was purchased, leased or rented. (c) Temporary Building shall mean a building or structure intended for removal or demolition within a prescribed time, not exceeding two years, as set out in a building permit. Building By-law shall mean any By-law of the Corporation passed pursuant to the Building Code Act. Page 18 of 260 Building Line shall mean a line within a lot drawn parallel to a lot line establishing the minimum distance between that lot line and any portion of a building or structure which may be erected. Building Supply Centre shall mean a building or part of a building or a place where building supplies such as lumber, millwork, siding, roofing, plumbing, electrical, heating, air conditioning, home improvement and similar goods are stored, displayed or kept for sale at retail or wholesale. Built Heritage Resources shall mean one or more significant buildings, structures, monuments, installations or remains associated with architectural, cultural, social, political, economic or military history and identified as being important to a community. These resources may be identified through designation or heritage conservation easement under the Ontario Heritage Act, or listed by local, provincial or federal jurisdictions. Bulk Storage Tanks shall mean a tank for the bulk storage of petroleum, petroleum products, chemicals, gases, flammable liquid or fluid, or similar substances. This definition shall not include a fuel storage tank which is accessory to another use on the lot where such tank is located (see Fuel Storage Tank). Campground Recreational shall mean an area of land containing sleeping accommodations and facilities which are used to provide short term accommodation for persons engaged in passive or active recreation or leisure, which shall include, but shall not be limited to the following: children's camp or establishment, scout camp, religious camp, institutional camp, or other like or similar camp establishment, but shall not include a tourist establishment, mobile homes or a mobile home park. Campground Tourist shall mean an area of land providing short term accommodation for tents, recreational vehicles or campers and may include accessory uses such as a Laundromat, convenience store, sale of propane fuels and recreational uses for persons using the campground where a fee is charged or paid for such accommodation but shall not include mobile homes or a mobile home park. Campsite shall mean a parcel of land within a tent and trailer park occupied by a tent or recreational vehicle. That Section 2 'Definitions' be further amended by inserting the following definition following Campsite: a. Cannabis Processing Facility: shall mean a building or structure or part thereof equipped with Air Treatment Control that is used for growing, producing, processing, testing, destroying, packaging and/or shipping cannabis authorized by a federal license or registration. Canteen shall mean a snack bar or small cafeteria providing food and drink and could also include the sale of personal supplies. Carport shall mean a covered parking area which is open on at least two sides. Page 19 of 260 Car Washing Establishment shall mean a building or structure or part thereof containing facilities for washing automobiles, either by production line methods and mechanical devices, or by a self-service operation. Catering Establishment shall mean a building or part of a building where food is cooked or otherwise prepared for delivery to a location other than the zoned premises. Storage of supplies, equipment and parking of delivery vehicles shall be permitted as accessory uses. This definition shall not include a restaurant. Cellar shall mean that portion of a building between two floor levels which is partly or wholly underground but which has more than one-half of its height from finished floor to finished ceiling below the average level of ground adjacent to the exterior walls of the building. Cemetery shall mean a property used for interring dead persons or in which human bodies have been buried and as regulated by the Cemeteries Act, R.S.O. 1990, c.C.4. A cemetery may include facilities for storing ashes of human remains thathave been cremated or the interment of the dead in sealed crypts or compartments, but shall not include crematoriums or pet cemeteries. Cemetery (Pet) shall mean a property used for the disposal of material consisting entirely of the remains of dead domestic pets. Chief Building Official shall mean the officer or employee of the Corporation charged with the duty of enforcing the provisions of the Building Code Act, together with any regulations made thereunder, and the provisions of the Building By-law. Church shall mean a building dedicated to religious worship and includes accessory uses such as a church hall, auditorium, daycare, school or other non-profit organizational uses. Clinic shall mean a building or part of a building wherein health services are provided to the public in the form of a medical, paramedical, dental, surgical, physiotherapeutic, or other human health services including associated technical and laboratory facilities, and may also include a pharmaceutical outlet for the sale of prescription and therapeutic drugs, medication, optical equipment and similar drug store products. Commercial Garage shall mean a building or premises where vehicles owned by the general public are repaired or maintained. Commercial Greenhouse shall mean a building used for the growing of flowers, vegetables, shrubs, trees and similar vegetation for wholesale or retail sale. This definition shall not include any premises used for growing of mushrooms. Commercial Patio shall mean an outdoor area in association with a restaurant where food, beverages, wine, spirits or any combination of these are served to the public or to members of a private club or other similar organization. Page 20 of 260 Communications Facility shall mean an installation which transmits, receives and/or relays communications such as microwave relay tower, cellular telephone tower, radio or television broadcast tower or similar facility. Community Centre shall mean a building, structure or premises where facilities are provided for athletic, civic, educational, political, recreational, religious, social events, trade shows, conferences or fashion shows, and is operated by a Public Authority. This definition may include an arena, assembly hall, auditorium, canteen, gymnasium, hall, stadium, theatre, the sale of recreational/sporting equipment, or similar use. Compost Facility shall mean premises owned and/or operated by a government authority or by a private operator with a Ministry of Environment Certificate of Approval where the primary purpose is for the composting of food waste and organic material. Conservation Authority shall mean a Conservation Authority as defined by the Conservation Authorities Act. Conservation Use shall mean a use related to the preservation of natural resources or the natural environment. Contractor's Shop or Yard shall mean a place of business for persons employed in building trades such as painting, plumbing, electrical work, masonry, metal working and carpentry, or truck, bulldozer, loader and backhoe operating and such place of business may be used for the storage of equipment, materials and vehicles which are used on construction sites and may include such related uses as office space, or maintenance facilities, and may also include a retail business, sales counter or a wholesale business as an accessory use. Convenience Store shall mean an establishment where food, tobacco, drugs, periodicals or similar items of household necessity are kept for retail sale to residents of the immediate neighbourhood or area. Corporation shall mean the Corporation of the Township of South Dundas. Council shall mean the Council of the Corporation of the Township of South Dundas. County shall mean the Corporation of the United Counties of Stormont, Dundas and Glengarry. Coverage shall mean the percentage of lot area covered by the ground floor area of all principal buildings located thereon. Crematorium shall mean a building fitted with the proper appliances for the purposes of the cremation of human remains and includes everything incidental or ancillary thereto. Cultural Heritage Landscape shall mean a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. Page 21 of 260 Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act, and the village, parks, gardens, battlefields, main streets and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value. Custom Workshop shall mean land and/or a building or part of a building used by a contractor, builder or tradesman to perform manufacturing, repair or assembly work or for the storage of equipment and materials used for off-site work and includes those operated by a carpenter, well driller, tile drainage installer, a locksmith, blacksmith, tinsmith, gunsmith, welder or persons involved in similar occupations. Day Nursery shall mean a place where temporary care of children is provided which must be licensed by the province and operated in accordance with the Day Nurseries Act. Dry Cleaning or Laundry Outlet shall mean a building used for the purpose of receiving articles or goods of fabric to be subjected elsewhere to the process of cleaning or dyeing. Such establishment may also be used for pressing and/or distributing any articles or goods which have been received therein. Dry Cleaning or Laundry Plant shall mean a building or part thereof where dry cleaning, dry dyeing, cleaning or pressing of articles or goods of fabric is conducted in which solvents which emit no odours or fumes are, or can be, used, and in which no noise or vibration causes a nuisance or inconvenience without the premises. This definition may include a dry cleaning or laundry outlet. Dwelling shall mean a building used or intended to be used for human habitation and in which all usual domestic functions may be carried on. For the purposes of this By- law, dwelling shall not include a mobile home as defined herein. (a) Accessory Dwelling shall mean a single detached dwelling which is accessory to a permitted non-residential use, located on the same lot therewith and is occupied either by the family of the owner of such non- residential use or by a family of a person employed on the lot where such dwelling is located. (b) Apartment Dwelling shall mean a building consisting of three or more independent dwelling units other than a row house dwelling. (c) Converted Dwelling shall mean a dwelling altered to contain a greater number of dwelling units, with each self-contained dwelling unit having a floor space of not less than 55 m2. (d) Duplex Dwelling shall mean a dwelling that is divided horizontally into two dwelling units. (e) Four-Plex Dwelling shall mean a building that is divided horizontally and/or vertically in four (4) separate dwelling units, each of which has an independent entrance either directly from the outside or through a common entrance, but does not include a converted dwelling or townhouse dwelling. (f) Row House Dwelling shall mean a dwelling that is divided vertically into three or more dwelling units. Page 22 of 260 (g) Semi-Detached Dwelling shall mean a dwelling that is divided vertically into two dwelling units. (h) Senior Citizens Apartment Dwelling shall mean an apartment dwelling for the specific use of senior citizens. (i) Single Detached Dwelling shall mean a dwelling containing only one dwelling unit. Dwelling Unit shall mean one or more rooms designed as a housekeeping unit, used or intended to be used as a domicile by one or more persons and in which separate cooking, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants, with a private entrance from outside the building or from a common hallway or stairway inside the building. A dwelling unit shall contain only one full kitchen. (a) Accessory Dwelling Unit shall mean a dwelling unit which is part of and accessory to a permitted non-residential building and is occupied by the family of the owner of the non-residential building or by the family of a full time employee on the lot where such dwelling unit is located. (b) Accessory Apartment shall mean a self-contained dwelling unit created through the conversion of part of or the addition on to an existing single detached, semi-detached, duplex dwelling, or row house. That Section 2 'Definitions' be amended as follows: Removing the definition for 'Accessory Apartment' 1. That Section 2 'Definitions' be amended as follows: Inserting the following definition immediately following 'Accessory': Addition Residential Unit means a separate dwelling unit which is either located in a single detached dwelling, semi-detached dwelling, rowhouse or an accessory building or structure. Dwelling - Mobile Home shall mean a transportable, factory built dwelling designed to be used as a year-round residential dwelling and has been manufactured to comply with the Canadian Standards Association (CSA) Standard No. Z240, as amended or replaced from time to time, but does not include a modular home dwelling, a park model trailer, a motor home, a mobile camper trailer, a truck camper, or any other dwelling defined in this by-law. For the purposes of this by-law a single section factory manufactured home shall be deemed to be a "mobile home dwelling". Dwelling - Modular Home shall mean a single detached dwelling that is constructed by assembling, on a permanent foundation, at least two factory manufactured modular units each of which comprises at least one room or living area and has been manufactured in a Canadian Standards Association (CSA) A277 certified factory. For the purposes of this By-law a modular home dwelling shall be considered as a single detached dwelling. Page 23 of 260 Dwelling - Park Model Trailer shall mean a manufactured building designed and constructed in conformance with CAN/CSA-Z241 Series M "Park Model Trailer, as set out in the Ontario Building Code Act, R.S.O. 1992, c.23, and is used or intended to be used as a dwelling or seasonal dwelling. Easement shall mean the legal right acquired by contract to pass over, along, upon or under the lands of another. Energy from Waste shall mean the incineration of municipal solid waste (garbage) to produce electricity. Energy from waste is primarily to provide a means for waste reduction and disposal. Electrical generation is a secondary consideration of this process. Erect shall mean build, construct, reconstruct, remove or relocate and shall include any preliminary physical operations such as cutting, grading, excavating, filling or draining, or any altering of an existing building by an addition, extension or other structural change, or any work which requires a building permit. Established Building Line, Rural shall mean the average setback from the street line of existing buildings in either the Agriculture, Rural or Rural Residential Zones when at least five buildings have been erected on any one side of a continuous 200 metres of land with frontage on an improved street. Established Building Line, Urban shall mean the average setback from the street line of existing buildings in the Residential Zones (R1, R2,....) on one side of one block where more than one-half of the lots on the said side of the block have been built upon. Existing shall mean existing as of the date of final passing of this By-law. Factory Outlet shall mean a building or part of a building, accessory to a permitted industrial use, where the products manufactured by that industry are kept for wholesale or retail sale. Fairgrounds shall mean lands where fairs, livestock shows, horseracing, demolition derbies, other sports events, circuses or exhibitions are held primarily outdoors and includes any accessory and temporary buildings. Farm Equipment Dealer shall mean an agency which offers for sale, and maintains and repairs machinery normally used in farming. Farm Produce Outlet shall mean a use accessory to a permitted farm which consists of the retail sale of agricultural products produced on the farm where such outlet is located. Farmer's Market shall mean an establishment or premises where the farm products of a local farming community are sold at retail by the grower from unenclosed or open air areas designated for individual retailers. Page 24 of 260 Fence means a barrier, including one for noise attenuation, or any structure, except a structural part of a building, that wholly or partially screens from view, encloses or divides a yard or other land, or marks or substantially marks the boundary between adjoining land, and includes any hedge or shrub that has the same effect. Financial Service shall mean an establishment operated by a chartered trust bank, trust company, mortgage broker, accountant, financial adviser or similar such establishment. Finished Grade shall mean: (a) when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of such building; (b) when used with reference to a structure, the average elevation of the finished surface of the ground immediately surrounding such structure; (c) when used with reference to a street, road or highway, the elevation of the street, road or highway established by the Township or other designated authority. Flea Market shall mean an occasional or periodic market held in a building or in an open area where persons offer second hand goods, new articles or antiques for sale at retail but shall not include any other establishment defined herein. Floodline shall mean the line which delimits the area that would be flooded with an expected average frequency of once in 100 years. Flood Plain shall mean the area below the floodline, usually low lands adjoining a watercourse which has been or may be covered by flood water. Floor Area shall mean: (a) for a dwelling or dwelling unit, the total area of the storeys contained within the outside walls of the dwelling or dwelling unit exclusive of any garage, carport, porch, verandah, sunroom, attic, basement or cellar; (b) for a building other than a dwelling or dwelling unit, the total area of all the floors contained within the outside walls of the building. In all cases, only that floor area having a clear height to the ceiling of at least 2.2 metres shall be considered in the calculation of the floor area. The minimum floor area requirements for a dwelling as required in this By-law will apply to the floor area above finished grade. Forestry Use shall mean the planting, management and harvesting of timber resources in accordance with good forestry practices. This definition may include the establishment and occasional use of an accessory portable sawmill but shall not include the establishment of a permanent sawmill. Page 25 of 260 Fuel Storage Tank(s) shall mean a tank which is an accessory to a permitted use for the bulk storage of petroleum, gasoline, fuel oil, gas or flammable liquid or fluid. Funeral Home shall mean a building or part thereof designed for the purpose of furnishing funeral services to the public and includes facilities intended for the preparation of the dead human body for interment or cremation. Garden Centre shall mean land, building, structure or part thereof or an outdoor area primarily used for the retail sale of gardening equipment, landscaping products and planting materials. Garden Suite shall mean a temporary, detached portable housing unit intended for the use of an elderly member of the immediate family which is located on the same lot with an existing single detached dwelling where the family is residing and which shares the water supply and sewage disposal facilities with the single detached dwelling. Gasoline Retail Facility shall mean an establishment or a lot where the retail sale of gasoline or other petroleum products for motor vehicles constitutes either the sole use, such as a gas bar, or an accessory use such as a self serve facility in combination with a retail store. This definition shall not include an automobile service station or commercial garage. Golf Course shall mean a public or private area operated for the purpose of playing golf and shall include: (a) Par 3 Golf Course (b) Clubhouse (c) Proshop (d) Putting Green (e) Driving Range (f) Miniature Golf Course (g) Office (h) Storage Buildings (i) Storage Yard (j) Repair shop limited to repair of equipment (k) Banquet hall and Conference facilities (l) Accessory Dwelling (m) Canteen (n) Accessory Use Group Home shall mean a single housekeeping unit in a residential dwelling in which up to eight unrelated residents, excluding supervisory staff or the receiving family, live as a family under responsible supervision consistent with the requirements of its residents and only if licensed or approved under provincial statutes and in compliance with municipal By-laws, but excluding a Correctional Group Home. Habitable Room shall mean a room commonly used for living purposes, including a bedroom and a kitchen but not including any space in a dwelling used as a lobby, hallway, closet, or bathroom or any room having floor space of less than 4.65 m2. Page 26 of 260 Hauled Sewage shall mean material removal from a holding tank (class 5 system) or from a septic tank (class 4 system). Height shall mean when used in reference to a building, the vertical distance measured between finished grade and: (a) the highest point of the roof surface of a flat roof; or (b) the average (mean) level between eaves and ridge of any other type of roof. High Water Mark shall mean the mark made by the action of water under natural conditions on the shore or bank of a waterbody which 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. Highway shall mean a public thoroughfare intended for vehicular use by the general public. Hobby Farm shall mean the keeping, breeding, raising and grazing of livestock, and/or poultry, other than domestic pets, for the personal use of the household operating the hobby farm and excludes an agricultural use as defined herein which is operated for commercial purposes. Home for the Aged shall mean an establishment operated under the Homes for the Aged and Rest Homes Act. Home Improvement Centre shall mean an establishment engaged in the wholesale and/or retail sales, or installation of, home furnishings and building supplies including lumber, millwork, siding, roofing, plumbing, electrical, heating, air conditioning and similar items. Home Industry shall mean a use which is clearly incidental or secondary to the residential use of a single detached dwelling house and is conducted either entirely within a single detached dwelling house or in an accessory building to a single detached dwelling house, by an inhabitant thereof. Such use may include a carpentry shop, a craft shop, an electrical shop, a small engine repair shop, a welding shop, a blacksmith shop or other similar use. Home Occupation shall mean an occupation, trade, business, profession or craft carried on as an accessory use to the use of the dwelling and shall include the following: (a) instruction in or business involving music, academic subjects, religion, dancing, arts and crafts such as pottery, weaving, painting or sculpting, sewing, hairdressing or similar use; (b) business involving work conducted primarily in other locations, such as those operated by electricians, plumbers, carpenters or operators of commercial vehicles, including school buses, provided that the storage of commercial Page 27 of 260 vehicles, equipment or materials does not take place at the residence except in accordance with the provisions of the By-law; (c) business involving work conducted primarily in other locations, such as those operated by electricians, plumbers, carpenters, caterers or operators of commercial vehicles, equipment or materials does not take place at the residence except in accordance with the provisions of the By-law; (d) business involving the repair of small appliances, radios, televisions and similar items, skate or knife sharpening or similar uses; (e) an office used by a physician, dentist or other medical practitioner, an insurance agent, accountant, engineer, sales person, or a person engaged in a similar occupation; (f) business involving catering; (g) a bed and breakfast. Hospital shall mean a Public or Private Institution as defined under the Public Hospitals Act and amendments thereto or under the Private Hospitals Act and amendments thereto. Hotel shall mean a building designed or used for the accommodation of the travelling or vacationing public, containing therein more than five guest rooms served by a common building entrance. Accessory uses may include accommodation for permanent staff and one or more beverage rooms, dining rooms, meeting rooms or similar uses. Industrial Uses (a) Class I - Light Industrial Uses shall mean a place of business for a small scale, self-contained plant, or building which produces, manufactures, assembles, or stores a product which is contained in a package and has a low probability of fugitive emissions, e.g. noise, odour, dust, and vibration. Such industries operate in the daytime only with infrequent movement of products and/or heavy trucks and no outside storage. Examples include: electronics manufacturing and repair, high technology industries, furniture repair and refinishing, beverage bottling, package, and crafting services, small scale assembly, auto parts supply. (b) Class II - Medium Industrial Uses shall mean a place of business for medium scale process and manufacturing with outdoor storage of wastes or materials (e.g. it has an open process) and where there are periodic or occasional outputs of fugitive emissions e.g. noise, odour, dust and/or vibration. Shift operations occur and there is frequent movement of products and /or heavy trucks during daytime hours. Examples include dry cleaning services, printing establishments, paint spray booths, welding shops, courier and transport services, heavy vehicle repairs, bulk fuel storage, raw product storage (aggregates, logs/lumber), warehousing, contractor's yard. (c) Class III - Heavy Industrial Uses shall mean a place of business for uses characterized as having emissions such as noise, smoke, odour, fumes, or Page 28 of 260 vibrations or extensive outside storage as part of their normal operations. Such uses include sawmills, pulp and paper mills, refineries, smelting operations, and similar uses which are intended to be secluded from residential or other sensitive land uses in order to limit any potential adverse effects on the environment or the surrounding areas and public health. Intensive Livestock Operation shall mean an agricultural operation as defined in a Nutrient Management Plan By-law adopted by Council. Kennel shall mean a building or structure where dogs are bred, boarded, groomed or trained, given medical treatment or housed for similar purposes for which compensation is paid and shall include a Humane Society shelter or pound. Landscaped Open Space shall mean open space comprised of a combination of shrubs, flowers, trees, grass, bushes and other landscaping materials and may include space occupied by paths, walks, courts, patios and pools, but shall not include parking areas, traffic aisles, driveways or ramps for vehicles, or any open space beneath or within a building or structure. Lane shall mean: (a) a subsidiary thoroughfare providing access from within a lot, principally from parking or loading spaces to a public street; or (b) a subsidiary public thoroughfare for the sole use of pedestrians and connecting public streets, open space or public buildings. Laundromat shall mean a building or structure or part thereof containing two (2) or more washing machines and/or self-service dry cleaning machines and/or dryers for use by the public which is operated for a profit or gain. Library shall mean a public building or structure where books, printed materials, electronic and other audio-visual resources may be read, consulted or borrowed. Livestock shall mean dairy, beef, swine, poultry, horses, goats, sheep, ratites, fur bearing animals, deer and elk, game animals, birds, and other animals identified in Table 1 of the Minimum Distance Separation Formula Implementation Guidelines Publication 707 - Ministry of Agriculture, Food and Rural Affairs. Loading Space shall mean a space or bay located on a lot which is used or intended to be used for the temporary parking of any commercial vehicle while loading or unloading goods, merchandise or materials used in connection with the use of the lot or any building thereon, and which has unobstructed access to a street or lane. Lot shall mean a parcel or tract of land which is capable of being legally conveyed in accordance with the provisions of the Planning Act: (a) Corner Lot shall mean a lot situated at the intersection of two streets having an angle of intersection of not more than 135 degrees. (b) Interior Lot shall mean a lot situated between adjacent lots and having access to one street. Page 29 of 260 (c) Through Lot shall mean a lot having street frontage on two opposite sides. (d) Waterfront Lot shall mean a lot which has no street access, but has water access on one shoreline only. Lot Area shall mean the total horizontal area within the lot lines of a lot. Lot Coverage shall mean the percentage of lot area covered by the ground floor area of all buildings located thereon. Lot Frontage shall mean the width of a lot measured between the intersection of the side lot lines with a line back from and parallel to the front lot line, at a distance equal to the minimum required front yard. Lot Line shall mean any boundary of a lot or the vertical projection thereof. (a) Front Lot Line shall mean in the case of an interior lot, the lot line dividing the lot from the street. In the case of a corner lot or a through lot where the lot lines abutting the streets are the same length, the lot line where the principal vehicular access to the lot is provided shall be deemed to be the front lot line. In the case of a corner lot where the street lines are joined by an arc, the shortest straight street line shall be deemed to be the front lot line. In the case of a corner lot where the street lines do not intersect at one single point, the shorter of the two street lines shall be deemed to be the front lot line. In the case of a waterfront lot, the shoreline shall be deemed to be the front lot line. (b) Rear Lot Line shall mean in the case of a lot having four or more lot lines, the lot line furthest from and opposite to the front lot line. If a lot has less than four lot lines, there shall be deemed to be no rear lot line. (c) Side Lot Line shall mean a lot line other than a front or rear lot line. (d) Exterior Side Lot Line shall mean a side lot line which is also a street line. Marina shall mean a building, structure or place containing docking facilities and located on or abutting a waterbody, where boats and boat accessories are berthed, stored, serviced, repaired or kept for sale or rent and where the facilities for the sale of marine fuels and lubricants may be provided. Marine Facility shall mean a non-commercial accessory building or structure having a maximum height of 5.0 m which is used to moor, berth or store a boat. This definition may include a boat launching ramp, boat lift, dock or boathouse but does not include any building used for human habitation or any boat service, repair or sales facility. That Section 2 'Definitions' be amended by altering the definition for Marine Facility: a) Deleting "having a maximum height 5.0 m which is used for moor, berth or store a boat" b) Inserting "having a maximum height 8.0 m which is used for moor, berth or store a boat" Page 30 of 260 Mini Warehouse and Storage shall mean a building or part thereof wherein general merchandise, vehicles, furniture and household goods are stored in separately occupied, secured storage areas or lockers which are generally accessible by means of individual loading doors. Employees associated with such a use shall be limited to a facility manager and/or security personnel. Mobile Home shall mean a prefabricated building which bears a CSA Z240 approval, which is designed to be towed on its own chassis (notwithstanding that its running gear is or may be removed), designed and equipped for year round occupancy and containing therein facilities for cooking or for the installation of cooking equipment as well as sanitary facilities, including a flush toilet and shower or bathtub. This definition shall not include a park model trailer or recreational vehicle as defined herein. Mobile Home Park shall mean a lot developed and managed under single or corporate ownership which has been planned, divided into mobile home sites, improved and provided with approved water and sewer services and intended to be used for the placement of mobile homes for permanent residential use. Mobile Home Site shall mean the space for the placement of one mobile home for the exclusive use of its occupants. Motel shall mean a building or buildings designed or used for the accommodation of the travelling or vacationing public, containing therein more than five guest rooms, each guest room having a separate entrance directly from outside the building. Accessory uses may include accommodation for permanent staff and one or more beverage rooms, dining rooms, meeting rooms or similar uses. Municipality shall mean the Corporation of the Township of South Dundas. Nameplate Generating Capacity means the manufacturer's posted maximum generating capacity of a renewable energy system under optimal conditions. Non-Complying shall mean a lot, building, or structure that does not meet the regulations of the Zone in which it is located as of the date of passage of this By-law. Non-Conforming shall mean an existing use or activity on any land, building, or structure that is not a permitted use for the Zone in which it is located as of the date of passage of this By-law. Nursery shall mean lands used for the growing of sod, flowers, bushes, trees or other gardening, landscaping or orchard stock for wholesale or retail sale. Nursing Home shall mean a building used in accordance with the definitions in the Nursing Homes Act and amendments thereto. Nutrient Management Plan shall mean a report that evaluates the relationship between the land-based application of nutrients, management techniques, and agricultural land use. Page 31 of 260 Office shall mean a building or part of a building used or intended to be used in the performance and transaction of business including administrative and clerical activities as well as professional offices, but not including the use of manual labour. Open Space shall mean a use whereby the land remains unoccupied by buildings and is used for purposes such as hiking trails, nature trails, parks, wildlife sanctuaries and similar uses. Open Storage shall mean the storage of goods, merchandise or equipment outside of a building or structure on a lot or portion thereof, including such uses as automobile and trailer sales lots, building materials supply yards but does not include the outdoor display of a limited number of samples of the goods, merchandise or equipment for the purpose of sales and advertisement. This definition shall not include the open storage of goods or equipment which are incidental to the residential occupancy of a lot. Outdoor Recreational Facility shall mean an establishment which provides recreational activities primarily located outside of a building such as a golf driving range, miniature golf, lawn bowling, tennis courts, or similar activities. A go cart track is not included within this definition. Park shall mean an area of land consisting mainly of open space which may include a recreational area, playground, playfield or similar use. (a) Public Park shall mean a park owned and maintained by the Municipality or other public authority; (b) Private Park shall mean a park other than a public park. Park Model Trailer shall mean a manufactured building used or intended to be used as seasonal recreational building of residential occupancy. It is deemed to comply with the Ontario Building Code if it is designed and constructed in conformance with CAN/CSA-Z241 Series-M standards. Parking Area shall mean an area or structure, other than a street, used or intended to be used for the temporary storage of motor vehicles and includes a private garage or carport, aisles, driveways and parking spaces. Parking Garage shall mean an enclosed structure used for the temporary parking for more than four vehicles and available for public use either free, for compensation or as an accommodation to customers. Parking Space shall mean a portion of a parking area exclusive of driveways or aisles, used for the temporary parking or storage of motor vehicles. Person shall include an individual, an association, a chartered organization, a firm, a partnership, a corporation, an agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. Page 32 of 260 Personal Service Establishment/Shop shall mean a business which is associated with the grooming of persons or the maintenance or repair of personal wardrobe articles and accessories, and may include a barber shop, beauty parlour, shoe repair shop, self-service laundry or dry cleaning distribution station or similar uses. Pet Shop shall mean a building where domestic animals or birds and pet food and supplies are kept for sale. Accessory services such as grooming and training may be included but overnight boarding or breeding are specifically excluded. Pit shall mean land or land under water licensed by the Ministry of Natural Resources from which unconsolidated aggregate is being or has been excavated and that has not been rehabilitated but shall not include an excavation incidental to the erection of a building or structure or an excavation incidental to the construction of any public work. This definition includes all activities which are normally associated with the operation of a pit such as crushing, stockpiles, screening, processing, washing, weighing scales, offices and open and enclosed storage and also includes a wayside pit as defined herein. Place of Entertainment shall mean an establishment where amusement facilities are provided such as an arcade, auditorium, billiard room, bowling alley, skating rink, dance hall, music hall, or motion picture or other theatre operated for gain or profit. Point of Reception refers to the Ministry of Environment publication "Interpretation for Applying MOE NPC Technical Publications to Wind Turbine Generators" (V1) which defines a point of reception as any point on the premises of a person within 30 metres of a dwelling or camping area, where sound or vibration originating from other than those premises is received. Portable Asphalt Plant shall mean a facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process and which is not of permanent construction, but which is to be dismantled at the completion of the construction project. Printing Shop shall mean an establishment used for printing, typesetting, blueprinting, engraving, stereotyping, duplicating and offset printing, and shall include such uses as newspaper publishing. Private Club shall mean a building or premises used as an athletic, recreational or social club not operated for gain or profit. This definition may include a social service club, a lodge, a fraternity or sorority, a hostel, a labour union hall, Royal Canadian Legion, or similar use. Private Garage shall mean an accessory building or portion of a residential building which is fully enclosed and used for the storage of motor vehicles and household equipment incidental to the residential occupancy. Page 33 of 260 Private Road shall mean a private right-of-way over private property which affords access to at least two (2) abutting lots and which is not maintained by a Public Authority. Public Authority shall mean the Township of South Dundas, the United Counties of Stormont, Dundas & Glengarry, a Conservation Authority and any department of the Governments of Ontario or Canada, including any Boards or Commissions thereof. Public Use shall mean a building, structure or lot used by a public authority. Quarry shall mean land or land under water from which consolidated aggregate is being or has been excavated and that has not been rehabilitated but shall not include an excavation incidental to the erection of a building or structure or an excavation incidental to the construction of any public works. This definition includes all activities which are normally associated with the operation of a quarry such as crushing, stockpiles, screening, washing, offices and open and enclosed storage and also includes a wayside quarry as defined herein. Recreational and Athletic Facility shall mean a place, building or parcel of land designated and equipped with facilities such as a swimming pool, squash or tennis courts, gymnasia, weight-lifting and exercise rooms and used for recreational fitness or athletic pastimes, and may include an ancillary sports field or sports arena. Recreational Vehicle shall mean any vehicle so constructed that it 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 persons, notwithstanding that its running gear is or may be removed. This definition includes motor homes, travel trailers, tent trailers, campers, and park model trailers bearing a CSA-Z241 approval but shall not include a mobile home. Recycling Depot shall mean a special waste management facility which serves as a temporary storage site for clean materials such as glass, paper, cardboard, plastic, metal and other similar products which will be transferred to another location for reuse. This definition does not include any other type of waste management system. Renewable Energy System shall mean the production of electrical power from an energy source that is renewed by natural processes including, but not limited to, wind, water, a biomass resource or product, or solar and geothermal energy. Rental Establishment shall mean a building or part of a building wherein the primary use is the rental of machinery, equipment, furniture and fixtures. Restaurant shall mean a building or structure or part thereof where food is prepared and offered for sale to the public for consumption within the premises or off the premises. Retail Store shall mean a building or part of a building in which goods, wares, merchandise, substances or articles are stored and offered for sale to the general public and may include the storage of such goods, wares, merchandise, substances or articles, but does not include any establishment otherwise defined or classified in this By-law. Page 34 of 260 Retirement Home shall mean premises where lodging is provided primarily for retired persons and may include common facilities for eating, recreation and other such activities and may also include limited medical care. Rural Home Occupation shall mean an occupation, business, trade or craft which is accessory to a farming operation. This definition may include the servicing or repair of merchandise or equipment, the grading of produce, a retail outlet for farm supplies and machinery, a farm produce outlet or similar activities. Salvage Yard shall mean a place where goods, wares, merchandise, articles or things are kept, repaired or processed for further use and offered for sale and may include a junk yard or a scrap metal yard. School shall mean a school under the jurisdiction of a Board as defined in the Education Act. Sensitive Land Uses shall mean buildings, amenity areas, or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges generated by a nearby major facility. Sensitive land uses may be a part of the natural or built-up environment. Examples of sensitive land uses may include residences, education or health facilities. Service Outlet shall mean a building or part of a building whether in conjunction with a retail store or not, articles or goods such as appliances, furniture or similar items may be repaired or serviced. This definition shall not include any manufacturing operation or establishment used for the service or repair of vehicles. Setback shall mean: (a) with reference to a road, the distance between the centre line of a street allowance and the nearest building line. (b) with reference to a waterbody, the distance between the high water mark or the flood plain and the nearest building line. (c) with reference to a wind energy turbine, the distance between the closest edge of the turbine base and the lot line or feature. Shopping Centre shall mean a group of commercial and service uses, which are permitted in the zone, and are designed, developed and managed as a unit having the required loading spaces and off-street parking provided on the site and which may include freestanding or attached buildings. Sight Triangle shall mean the triangular space formed by the street lines of a corner lot and a line drawn from a point in one street line to a point in the other street line, each such point being 6 m from the point of intersection of the street lines (measured along the street lines). Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. Sign, Legal shall mean a name, identification, description, device, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or lot which directs attention to an object, product, place, activity, person, institute, Page 35 of 260 organization or business and which does not contravene any By-law of the Corporation or the County, or any Regulation of the Government of Ontario or Canada. That the definition for 'Sign, legal', in Section 2 'Definitions' be amended by inserting the following sentence following 'Government of Ontario or Canada': "Where a sign is located on municipal property it shall be subject to the Municipal Sign By-law, while signs on private property, classified under the Ontario Building Code as a designated structure, shall be subject to the provisions of the Zoning By-law." Site Alteration shall mean activities, such as grading, excavation and the placement of fill that would change the landform and natural vegetative characteristics of a site. Sludge shall mean stabilized organic soil conditioning material produced by a sewage treatment plant. Small Batch Brewery shall mean a place that offers an individual member of the general public the location, the material and the equipment with which to make beer or wine for that individual's own personal use. Solar Energy System shall mean a renewable electrical generation facility that produces power from the sun using photovoltaic technology to provide all, or a portion of, the electrical power needs for a user or to feed into the transmission or local distribution grid. A solar energy system includes all arrays, supporting infrastructure, and outbuildings. Storey shall mean that portion of a building, between the surface of any floor and the surface of the floor, ceiling or roof next above it. (a) First Storey shall mean the lowest storey of a building, wherein the floor is generally at grade elevation and having its finished ceiling at least 1.8 m above finished grade. Street shall mean a public thoroughfare under the jurisdiction of either the Corporation, the United Counties or the Province of Ontario. This definition shall not include a lane or private right-of-way. (a) Improved Street shall mean a Municipal Road which has been assumed by the Corporation and is maintained on a regular year-round basis, or a Provincial Highway, or a County Road. Street Line shall mean the boundary of the right-of-way of the street. Structure shall mean anything constructed or erected, either permanent or temporary, the use of which requires location on the ground or attachment to something having location on the ground. Swimming Pool (or simply a 'pool'), shall mean an artificially enclosed body of water, built either above or in the ground, intended for swimming or water-based recreation and shall include inflatable pools with a depth in excess of 0.61 metres. Page 36 of 260 Tavern shall mean a building with a bar that is licensed to sell alcoholic drinks. Tent and Trailer Park shall mean a parcel of land which is used to provide temporary accommodation for the public in tents, trailers or recreational vehicles, including park model trailers but which are not used as a principle place of residence, in which the water supply and sewage collection and disposal services are not designed to function during the winter months and which are closed for the period of November 1 to May 1 of the following year. Tent and Trailer Site shall mean a parcel of land within a tent and trailer park occupied by a tent or recreational vehicle. Tourist Lodging Establishment shall mean premises or buildings to be used for the purpose of sleeping accommodation on a temporary basis by tourists or vacationers, including a hotel, motel, cabin, lodge or bed and breakfast, including accessory uses such as dining, meeting and beverage rooms and similar uses. Transportation Depot shall mean an establishment where commercial vehicles are stored, repaired, washed, or maintained, including all administrative functions relating thereto, and may also mean an establishment for the distribution of goods or people in transit. Turbine Height The height of a renewable energy system shall be measured from the base of the structure to the highest point of the structure. For instance, in the case of a typical horizontal axis wind turbine, the height is measured from the average ground level upon which the base/foundation sites to the tip of the rotor blade at its highest point. Use shall mean the purpose for which any land, building, structure or any combination thereof is designed, arranged, occupied or maintained. Utility shall mean a Public Utility as defined by the Public Utilities Corporation Act. Vehicle shall mean an automobile, boat, commercial motor vehicle, farm implement, motorcycle, recreational vehicle, snowmobile or trailer. Vehicle Sales or Rental Establishment shall mean an establishment having as its main use the storage of vehicles for sale or the storage of automobiles for rent or lease. Accessory uses may include facilities for the repair or maintenance of such vehicles. Veterinary Establishment shall mean a building or part of a building used by a veterinary surgeon for treating domestic animals, birds or other livestock but shall not include a commercial kennel. Volt shall mean the amount of 'pressure' required to transport electricity and push electrical energy through a wire. A measure of the Potential Difference between two points of an electrical field. Warehouse shall mean a building used or intended to be used for the bulk storage of goods, commodities, wares, merchandise or materials. Page 37 of 260 Waste Management Site shall mean a place where ashes, garbage, refuse, domestic waste, industrial waste or municipal refuse is stored, processed, recycled, transferred, composted or disposed of. This definition shall not include a sewage treatment plant or lagoon. Waterbody shall mean any bay, lake, natural watercourse, canal, municipal or other drain but does not include an irrigation channel. Waterbody/Watercourse Setback shall mean the straight line horizontal distance from the top of the bank or the high watermark, whichever is greater, to the nearest part of any excavation, building, structure, or open storage use on the lot. Water Frontage shall mean the horizontal distance defined by a straight line between the two most widely separated points on any one shoreline of a lot. Watt shall mean a unit to describe the size of an electrical generation system. One megawatt (1,000 kilowatts or 1,000,000 watts), of electrical energy can supply the power needs of about 500 homes for a year. Watts of energy is the amount of electricity produced. Wayside Pit or Wayside Quarry shall mean a temporary pit or a temporary quarry opened and used for the purpose of a particular project of road construction or maintenance and not located on the road right-of-way. Wetlands shall mean lands that are seasonally or permanently covered by shallow water as well as lands where the water table is close to or at the surface. In either case, the presence of abundant water has caused the formation of hydric soils (soils in which there is an abundance of moisture) and has favoured the dominance of either hydrophilic or water tolerant plants. The four major categories of wetlands are swamps, marshes, bogs and fens. Wholesale Establishment shall mean a building used or intended to be used for the bulk storage and sale of quantities of goods, commodities, wares, merchandise, or materials for resale or business use. Wind Energy System shall mean a renewable electrical generation facility that produces power from wind primarily to provide all or a portion of the electrical power needs for a user or to feed into the transmission or local distribution grid. A wind energy system includes all supporting infrastructure, outbuildings and access roads. Winery shall mean the use of land, buildings or structures for the processing of fruit, fermentation, production, aging and storage of wine and wine related products as a secondary use to the vineyard, where the fruit used in the production of the wine shall be predominately from the vineyard located on the same land as the winery. Accessory uses shall include: (a) Licensed retail outlet (b) Winery office ( c) Laboratory Page 38 of 260 (d) Restaurants (e) Banquet halls (f) Conference facilities (g) Bed and breakfast establishment (h) Dwelling Wrecking Yard shall mean an establishment or premises where derelict, discarded, abandoned or inoperable motor vehicles or other equipment are stored wholly or partly in the open and may include a salvage yard. A wrecking yard may also include an area for recycling of tires. Yard shall mean an open, uncovered space appurtenant to a building or structure. (a) Front Yard shall mean the space extending across the full width of a lot between the front lot line and the nearest part of any main building or structure on the lot. (b) Rear Yard shall mean a space extending across the full width of a lot between the rear lot line and the nearest part of any building or structure on the lot. (b) Side Yard shall mean a yard extending from the front yard to the rear yard between the side lot line and the nearest part of any main building or structure on the lot. (d) Exterior Side Yard shall mean a side yard immediately adjacent to a street. (e) Interior Side Yard shall mean a side yard other than an exterior side yard. Zone shall mean: (a) a land use category as defined and regulated in this By-law; or (b) a designated area of land use shown on the Schedule of this By-law. Zoning Administrator shall mean the officer or employee of the Corporation charged with the duty of enforcing the provisions of this By-law or his delegate. Page 39 of 260 Page 40 of 260 Page 41 of 260 Page 42 of 260 Page 43 of 260 SECTION 3 GENERAL PROVISIONS 3.1 Accessory Uses Accessory uses, buildings or structures shall be permitted in any zone in accordance with the relevant provisions of this By-law and the following: (a) In a Residential Zone or on a lot in another zone, having a residential use, the following provisions will apply for buildings and structures which are accessory to the residential use: - accessory buildings or structures shall not be located within any minimum Front Yard or minimum Exterior Side Yard, except as specifically permitted in this By-law; - accessory buildings or structures shall not be located closer than 1.5 m to any Interior Side or Rear Lot Line and shall not exceed 6 m in height; - accessory buildings, structures or garages with a common wall shall require no minimum Side or Rear Yard; - accessory buildings or structures shall not occupy more than 10% of the total Lot Area. Such accessory buildings or structures shall be included as part of the total Lot Coverage permitted in the zone requirements; - heat pumps and air conditioners shall not be permitted within a minimum Interior Side Yard; - an accessory garage which gains its access from a rear lane shall be set back 1.0 m from the rear lane. (b) In all other zones, accessory buildings and structures shall conform to the requirements of the particular zone. (c) For marinas and marine facilities, there shall be no minimum yard required for the yard adjacent to the water. (d) Any building or structure which is attached to the main building will not be considered accessory for the purposes of this By-law. (e) Renewable Energy Systems are developed in accordance with Section 3.30 of this By-law. (f) An outdoor furnace shall be permitted as an accessory use provided: - it is located in a Rural, Residential Waterfront or Agricultural Zone; - the outdoor furnace shall comply with zoning standards for the main building and one hundred metres (100 m) from any dwelling on an adjacent lot or Page 44 of 260 fifteen and twenty-four one hundreds metres (15.24 m) from any building on the same property; - not more than one outdoor furnace shall be permitted on a lot, except where it serves a permitted accessory dwelling or an agricultural building on lands used primarily for agricultural purposes - any additional requirements as set out in the Municipality's outdoor furnace By-law shall be satisfied. (g) Accessory Apartments (i.e., basement apartments, in-law suites) Any accessory apartment shall be developed in accordance with the following provisions: - an accessory apartment shall only be permitted within single- detached or semi-detached dwellings - there shall be a limit of one accessory apartment per single detached dwelling or semi-detached dwelling - parking for the accessory apartment shall be in accordance with Section 3.27 of this By-law - the minimum floor area of an accessory apartment shall be 32 square metres - where permitted in this By-law the dwelling unit area of the said accessory apartment shall not exceed 25% of the total floor area of the building. That Section 3 'General Provisions' be amended by removing subsection 3.1 (g) Accessory Apartments. 3.2 Adult Entertainment Parlours - General Development Standards (a) No Adult Entertainment Parlour shall be located within 500 metres of any Residential Zone. This distance shall be measured from the property line of a potential Adult Entertainment Parlour to the Residential Zone boundary. (b) No Adult Entertainment Parlour shall be located within 500 metres of any school, church, day-care, public library, community centre or public park. (c) No Adult Entertainment Parlour shall be permitted to locate on a lot having frontage on a Major Arterial Road. (d) An Adult Entertainment Parlour must be located within a freestanding building, and shall not be permitted to locate in a multi-tenant building. 3.3 Bed and Breakfast Where Bed and Breakfast Establishments are permitted in this By-law, and notwithstanding any other provisions of this By-law to the contrary, the following provisions shall apply: Page 45 of 260 Lot Area (minimum): (a) up to four guest rooms: with full municipal services: 700 m2 with piped water supply: 1500 m2 with individual services: 3000 m2 3.4 Buildings to be Moved No building or structure shall be moved within the limits of the Township or shall be moved from outside the Township into the Township unless the building or structure is a permitted use and satisfies all the requirements of the zone in which it is to be located and then only after a building permit has been obtained from the Chief Building Official. 3.5 Bulk and Fuel Storage Tanks No bulk or fuel storage tank shall be permitted unless it is double walled or is placed in an impervious containment facility which is capable of containing the entire contents of the fuel storage tank in the event of a spill or in accordance with the current provisions of the Technical Standards and Safety Act. This provision shall not apply to domestic fuel oil tanks located inside a dwelling. 3.6 Commercial Patios Notwithstanding any provisions of this By-law, an outdoor commercial patio accessory to a permitted restaurant use may be permitted and shall comply with the following: (a) The outdoor patio shall not provide more than fifty percent (50%) of the seating accommodation permitted under the Liquor License Act to the restaurant or seating accommodation or more than fifty (50) persons. (b) No outdoor patio shall be permitted on a lot where the lot line abuts a Residential Zone or residential use. (c) That portion of a lot on which the outdoor patio is permitted shall not be used for commercial entertainment or commercial recreation including live or recorded music or dance facilities. (d) Parking requirements for seating in the outdoor patio area shall be satisfied unless a variance has been obtained from the Committee of Adjustment or alternative arrangements have been made through the Parking or Cash-in- Lieu By-law. (e) No part of the outdoor patio shall be located on a public right-of-way or sidewalk unless the permission of the Municipality has been obtained. Page 46 of 260 3.7 Corner Lot Sight Lines Notwithstanding any provisions of this By-law to the contrary, within any area defined as a sight triangle, the following uses shall be prohibited: (a) a building, structure or use which would obstruct the vision of drivers of motor vehicles; (b) a fence or tree, hedge, bush or other vegetation, other than agricultural crops, the top of which exceeds 1.0 m in height above the elevation of the centreline of abutting streets; (c) a parking area; (d) a finished grade which exceeds the elevation of the centreline of abutting streets by more than 0.5 m. 3.8 Cumulative Standards Where more than one use is permitted on any lot, the requirements of this By-law with regard to parking and loading requirements shall be cumulative. 3.9 Established Building Line in Built-Up Area Notwithstanding the yard and setback provisions of this By-law to the contrary, where a permitted building is to be erected on a lot in a built-up area where there is an established building line, such permitted building may be erected closer to the street line or centreline of the street as the case may be, than required by this By-law provided such permitted building is not erected closer to the street line or centreline of the street as the case may be, than the established building line. 3.10 Frontage on an Improved Street No building or structure shall be erected in any zone for any purpose other than a non-residential building or structure accessory to a permitted agricultural, forestry or conservation use unless the lot on which such building or structure is located has the minimum frontage on an improved street. This provision shall not apply to a lot on a registered plan of subdivision where an agreement between the owner and the Corporation which includes provisions for the construction and maintenance of the streets is registered in the Registry Office or Land Titles Offices. 3.11 Garden Suites Where permitted by this By-law, a garden suite shall be subject to the following provisions: (a) Driveway access to both the main dwelling and the garden suite shall be limited to one access, so that no new entrance from the street shall be created. Page 47 of 260 (b) The siting of a garden suite shall be in accordance with the provisions for accessory uses. (c) The maximum gross floor area shall be ninety-three square metres (93 m²). (d) The maximum height shall be one storey, and shall not exceed four and one-half metres (4.5 m). (e) No garden suite shall be located closer than three metres (3 m) to the main residence on the lot or any building on an abutting property. (f) Only one garden suite may be established per lot. (g) All garden suites shall be provided with adequate water supply and sewage disposal systems. (h) All garden suites shall be established as a temporary use pursuant to Section 39 of the Planning Act. 3.12 Group Homes Notwithstanding any other provisions of this By-law to the contrary, Group homes as defined in this By-law shall be permitted in accordance with the following: (a) Group home - Type A includes group homes other than those for young offenders or adult offenders. Group home - Type B includes group homes for young offenders or adult offenders. (b) Group homes - Type A shall be permitted in the following zones: - any Residential Zone, - Institutional Zone; and - Rural Zone Group homes - Type B shall be permitted in the Institutional Zone. (c) The number of Group homes in the municipality shall not exceed one per 1000 population. (d) Not more than one Group home - Type B shall be permitted in the municipality. (e) No Group home shall be permitted within 1 km of another Group home. (f) A minimum of one parking space shall be provided for every two Group home residents according to the licensed or approved capacity of the Group home. Page 48 of 260 3.13 Height Exceptions Where height limitations are set forth in this By-law, such limitations shall not apply to water tanks, flagpoles, lightning rods, lighting standards, ventilators, skylights, mechanical equipment penthouses, antennae, church steeples, belfries, clock towers, chimneys, silos, grain elevators, electrical supply facilities, solar panels and communications facilities. Notwithstanding the foregoing, limitations prescribed by the Federal Ministry of Transport or practices recommended by the Ministry with respect to height limitations and appropriate lighting in the vicinity of airfields shall prevail. 3.14 Home Industries Home Industries shall only be permitted in the Agricultural Zone (A), and in the Rural Zone (RU) in accordance with the following provisions: (a) No more than 20% or 40 m2 of the total floor area of the dwelling, whichever is the lesser, shall be used for the purpose of a Home Industry. (b) Accessory buildings may be erected, altered or used for the purpose of a Home Industry provided that no more than 50 m2 of the gross floor area of all accessory buildings shall be used for the purpose of Home Industry uses and provided it is located a minimum of 15 m from any lot line and a minimum of 45 m from a dwelling located on another lot. (c) No more than one person, other than a member of the family residing on the premises, shall be engaged in the Home Industry. (d) There shall be no external display or advertising other than a legal sign, not more than 1 m2 in area to identify the Home Industry but such sign shall be located a minimum of 7.5 m from a Front Lot Line or an Exterior Side Lot Line. (e) The activity shall not create or become a nuisance in regard to noise, odour, vibration, traffic or parking. 3.15 Home Occupations (a) Residential Home Occupations shall be permitted accessory to any permitted residential zones in accordance with the following provisions: - The business is conducted by a member of the family residing on the premises. - No more than two persons, other than family members shall be engaged in the business. - Not more than 25% or 40 m2 of the total floor area of the dwelling, whichever is the lesser, shall be used for such purposes. Page 49 of 260 - There shall be no external display or advertising other than a legal sign, indicating to persons outside, that a part of the dwelling house or dwelling unit is being used for a purpose other than residential. Such sign may be no more than 0.5 m5 in area and shall be located either on the dwelling or as a freestanding sign which is located no closer than 5 m to the front lot line. - The only retail sales permitted shall be for those products substantially made on site or which are accessory and essential to the business. - Where instruction is carried on, no more than five pupils are in attendance at one time. - The activity shall not create or become a nuisance, in regard to noise, odour, vibration, traffic or parking. - No mechanical or electrical equipment shall be used except that reasonably consistent with the use of a dwelling. - One parking space per 20 m5 of floor area used for the Home Occupation and one parking space for an employee shall be provided in addition to the required parking for the residential use. - An accessory structure not more than 20 m2 in floor area may be used as storage. (b) Rural and Agricultural Rural Home Occupations shall be permitted accessory to any residential use in a Rural or Agricultural Zone. Any such use shall conform to the following provisions: - The business is conducted by a member of the family residing on the premises. - No more than two persons, other than family members, shall be engaged in the rural Home Occupation. - The only retail sales allowed shall be for those products substantially produced or made on site or which are accessory and essential to the business. - No more than 25% of the floor area of the dwelling unit and no more than 50 m5 in one accessory building shall be used for the rural Home Occupation. - Open Storage may be permitted for the rural Home Occupation provided such storage is a minimum of 15 m from any lot line and a minimum of 45 m from a dwelling located on another lot. - One parking space per 20 m5 of floor area used for the rural Home Occupation plus one parking space per employee shall be provided in addition to any other required parking spaces. - One sign, not more than 1 m5 in area, may be permitted to identify the rural Home Occupation but such sign shall be located a minimum of 7.5 m from a Front Lot Line or an Exterior Side Lot Line. Page 50 of 260 - Not more than 20 m2 of floor area in one accessory building is used for the home occupation and only if such accessory building is located a minimum of 3 m from all lot lines. 3.16 Intensive Livestock Operations (a) General Notwithstanding any provisions of this By-law to the contrary, the establishment of a new Intensive Livestock Operation or the expansion of an existing Intensive Livestock Operation in an Agricultural (A) Zone may be permitted subject to the following: - that the operation, including the manure storage and livestock facilities, shall conform with the Minimum Distance Separation II (MDS II); and - that the said facilities are constructed in accordance with an approved Nutrient Management Plan. (b) Nutrient Management Plan No livestock operation or manure storage facility shall be established or enlarged until a Nutrient Management Plan is completed to the satisfaction of the Municipality. 3.17 Keeping of Livestock The keeping of livestock shall only be permitted in the Rural (RU) Zone, or Agricultural (AG) Zone subject to Minimum Distance Separation Requirements and other applicable provisions of this By-law. 3.18 Kennels Notwithstanding the yard and setback provision of this By-law to the contrary, no kennel shall be erected or established, after the day of the passing of this By-law, within three hundred metres (300 m) of a dwelling located on another lot. Notwithstanding this section, a dwelling may be constructed within three hundred metres (300 m) of an existing kennel if all other provisions of this By-law are complied with. 3.19 Landscaped Open Space (a) Where, in a yard in any zone, a required parking area providing more than four (4) parking spaces abuts a lot in a Residential Zone, then a continuous strip of landscaped open space a minimum width of 3 m shall be provided along the abutting lot line. (b) Where, in any yard in any zone, a required parking area providing more than four (4) parking spaces abuts a street, then a strip of landscaped open space a minimum width of 3 m shall be provided along the lot line abutting the street and the landscaped strip shall be continuous except for driveways required for access to the parking area. Page 51 of 260 (c) In any zone, any portion of any front yard which is not used for any other permitted purpose shall be devoted to landscaped open space. (d) Any land used for landscaped open space shall be included in the calculations of lot area, yard requirements, etc. as set forth in this By-law. 3.20 Loading Requirements The owner or occupant of any lot, building or structure located in an Industrial or Commercial Zone which involves the regular receiving, shipping, loading or unloading of animals, goods, wares, merchandise or raw materials shall provide and maintain on the lot occupied by the building or structure, loading spaces in accordance with the following regulations: (a) Number of Spaces Required The number of loading spaces provided shall be in accordance with the floor area of the building or structure as follows: Floor Area of Building Number of Loading Spaces Commercial Uses: Less than 200 m2: None 200 m2 to 1000 m2 1 Over 1000 m2 1 plus 1 additional space for each additional 1000 m2 of floor area or part thereof. Industrial Uses: Less than 400 m2 None 400 m2 to 2000 m2 1 Over 2000 m2 1 plus 1 additional space for each additional 2000 m2 of floor area or part thereof. (b) Size of Loading Space Each loading space shall be at least 13 m long, 3.6 m wide and have a vertical clearance of 4.2 m. (c) Location The required loading spaces shall be provided on the lot occupied by the building or structure for which the spaces are required and such space shall not form part of any street or required parking area, and shall not be located within a required Front Yard or Exterior Side Yard. (d) Access Access to loading spaces shall be by means of a lane at least 3.5 m wide for one way traffic and 6.0 m wide for two way traffic and located on the same lot. Access to loading spaces shall not pass through a Residential Zone. Page 52 of 260 (e) Additions to Buildings The loading space requirements shall not apply to any building or structure in existence at the date of passing this By-law so long as the floor area, as it existed at such date, is not increased. If an addition is made to the building or structure which increases the floor area, then additional loading space shall be provided as required in Section 3.18 (a) for such addition. (f) Surfaces Access lanes and loading spaces shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. 3.21 Municipal Services No person shall hereafter erect and use in whole or in part any main building for any purpose in any zone within the limits of the former Village of Morrisburg and the Village of Iroquois, or as shown on Schedules 3 and 8 to this By-law, unless it is connected to the municipal water supply and sanitary sewer systems. All dwellings on Fairholme Drive and Stewart Drive must be developed on municipal water services. 3.22 Non-Conforming Uses (a) Continuance of Existing Uses Nothing in this By-law shall prevent the use of any land, building or structure for any purpose prohibited by the By-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the By-law, so long as it continues to be used for that purpose. If a non-conforming building should be damaged by any cause beyond the owner's control, nothing in this By-law shall prevent such a building from being restored and strengthened to a safe condition, provided the height and bulk are not increased and provided that reconstruction or restoration is commenced within 24 months of the date on which the damage took place. (b) Repair of Existing Buildings Nothing in this By-law shall prevent the strengthening to a safe condition of any building or structure or part of any building or structure which does not conform with the provisions of this By-law, provided such alteration or repair does not increase the height, size or volume or change the use of such building or structure. (c) Less than Minimum Yard Requirements Where a building or structure which is a permitted use in the zone has been erected prior to the date of passing of this By-law on a lot having less than the minimum Front, Side or Rear Yard required by this By-law, the building or structure may be enlarged, reconstructed, repaired or renovated provided that: - the enlargement, reconstruction, repair or renovation does not further reduce the Front, Side or Rear Yard having less than the minimum required by this By- law; and Page 53 of 260 - all other applicable provisions of this By-law are complied with. (d) Prior Building Permits Nothing in this By-law shall prohibit the erection of a building or structure for which a building permit has been issued prior to the date of passing of the By-law, provided that the erection of such building or structure is commenced within two (2) years and such building or structure is completed within a reasonable time after the erection thereof is commenced. (e) Undersized Lots Where a lot having less than the minimum Frontage or Area required by this By-law, exists on the date of passing of the By-law is increased in Frontage or Area but still does not meet the minimum Frontage or Area requirements of this By-law, or has the Lot or Frontage reduced by expropriation after the date of passing of this By-law, such lot may be used for a purpose permitted in the zone in which it is located provided that all other applicable provisions in this By-law are met. (f) Accessory Buildings Nothing in this By-law shall prevent the erection of a building accessory to an existing non-conforming use provided that such accessory building conforms to all relevant provisions of this By-law. (g) Less than Required Floor Area Nothing in this By-law shall prevent an extension or addition being made to a permitted dwelling which existed at the time of passing of this By-law but which has a floor area or dwelling unit area less than that required by this By-law, provided such extension or addition does not contravene any other provision of this By-law. (h) Change of Use The use of any lot, building or structure which is not permitted in the zone in which it is located, shall not be changed except to a use which is listed as a permitted use in such zone or to a use which is authorized by the Committee of Adjustment pursuant to its powers under the Planning Act. (i) Severance of Lots Nothing in this By-law shall prevent the lawful severance of a lot, or the registration of more than one declaration and description pursuant to the Condominium Act, upon which is erected any building or buildings shall be deemed to conform with the provisions of this By-law, as amended, or any predecessor thereof, and the building(s) shall be deemed to be erected on one lot for the purpose of construing and administering this By-law. The above shall not apply if the severed lots comply with this By-law or if any minor variances are granted and all other provisions pertaining to the lots are met. Page 54 of 260 The owners of each part of the lot referred to above shall be required to concur in any application for relief from municipal By-laws and regulations applicable to the said lot. Note: This clause is to be used to permit the severance and sale of individual dwellings in a semi-detached, row dwelling or in condominium developments where the individual dwelling does not meet the requirements of the zone, but the complete development does meet the requirements (i.e., the two units that make up a semi- detached conforms to the By-law, but one of the units on its own does not meet the tests for Frontage, Area or Setbacks). 3.23 Occupancy Restrictions Human habitation shall not be permitted in any of the following buildings, structures or parts thereof: (a) any private garage or other building which is accessory to a residential use; (b) any truck, bus, recreational vehicle, coach or streetcar body whether or not the same is mounted on wheels; (c) any building or structure before the main walls and roof have been erected and the kitchen, heating and sanitary conveniences have been installed, provided all other minor works shall be completed within one (1) year of the date of occupancy inspection; (d) any trailer. 3.24 Open Storage Open storage shall be permitted in a Highway Commercial, Tourist Commercial, Rural Commercial, General Industrial, Rural Industrial, Agricultural, Rural, Wrecking Yard, Waste Management, Mineral Aggregate Pit or Mineral Aggregate Quarry Zones in accordance with the following: (a) the Open Storage is accessory to the principal use of the lot; (b) Open Storage, as defined in this By-law, shall not be permitted within any minimum Front or minimum Exterior Yard, or in any other Side or Rear Yard where the Side or Rear Lot Line abuts any Residential or Institutional Zone; (c) a strip of Landscaped Open Space, a minimum of three (3) metres in width shall be provided around all Open Storage areas; (d) where Open Storage areas abut Residential or Institutional Zones, the required landscaped open space must also include solid visual screening (minimum height of 1.5-1.8 m). Any combination of plant materials, landscaped berms or fencing may be used; (e) any areas used for Open Storage shall be in addition to any minimum off- street parking or loading areas required by this By-law; Page 55 of 260 (f) no Open Storage shall be permitted in a General Commercial (CG) or Local Commercial (CL) Zone except for commercial vehicles in operating condition which are essential to the permitted use. 3.25 Outdoor Illumination Outdoor illumination of buildings, structures or yards including parking areas shall be permitted provided the fixtures are so designed and installed that the light is directed away from adjacent lots and public streets and is directed downwards. 3.26 Park A public park is permitted in all zones. 3.27 Parking Requirements In all zones except the General Commercial Special (CGS) Zone, the owner or occupant of any building or structure erected, enlarged or changed in use after the passing of this By-law, shall provide off street parking in accordance with the following provisions: (a) Number of Spaces Required: Use of Building or Lot Parking Required Any building containing 1 or 2 dwelling units 2 parking spaces, or 2 garages, or 1 space and 1 garage per unit. Any building containing more than 2 dwelling units 1.5 parking spaces per dwelling unit, except for Senior Citizens' Housing which shall require 0.25 parking spaces per Offices, including professional offices, shopping centres and 1 parking space for each 20 m2 of floor area; Schools Elementary: 1.5 parking spaces for each teaching classroom Secondary: 4 parking spaces for each teaching classroom. Convenience stores, retail stores and service outlets 1 parking space for every 20 m2 of floor area; Restaurant 1 parking space for every 4 persons to be accommodated according to maximum permitted capacity. Hotels and motels 1 parking space per guest room or suite, plus 1 additional parking space for every 9 2 Religious institutions, theatres, arenas, halls, clubs, recreational establishments Where there are fixed seats, 1 parking space for every 5 seats or 6 m of bench places of assembly where there are no fixed seats, 1 parking space for each 20 m2 of floor area devoted to public use. Hospitals, nursing homes and welfare institutions 1 parking space for each 3 beds. Page 56 of 260 Industrial uses 1 parking space for every 70 m2 of floor area up to 2000 m2 plus 1 additional space for every 200 m2 of floor area Adult Entertainment Parlour 1 space for every 3 persons to be accommodated according to maximum permitted capacity, or 1 space for every 4 m2 of floor area, whichever is greater. Agricultural use None Any use other than those specified 1 parking space for each 25 m2 of floor area That Section 3 'General Provisions' be amended as follows: That Section 3.27 'Parking Requirements' (a) be amended by inserting the following to the Table provided: Additional Residential Unit 1 parking space for additional residential unit That Section 3.27 'Parking Requirements' (a) Number of Spaces Required be amended by inserting the following to Table provided: Short- Term Rentals 1 parking space for each guest room for rent (b) Size of Parking Space Every parking space shall have dimensions of at least 2.75 m by 5.5 m and be provided with unobstructed access to a street by a driveway, aisle, or lane. Notwithstanding this provision, for residential uses vehicles may be parked in tandem. (c) Cumulative Standards Where two or more uses are permitted in any one building or on any one lot, then the off-street parking requirements for each use shall be calculated as if each use is a separate use and the total number of off-street parking spaces so calculated shall be provided, except in the case of a shopping centre which shall be calculated in accordance with Section 3.25(a). (d) Location Required parking in a Residential Zone shall be provided on the same lot as the dwelling unit. In all other zones, the required parking shall be provided within 150 m of the building it is intended to serve and no part of any parking area required for a use other than Residential shall be permitted in a Residential Zone. Where required parking is not provided on the same lot, the lot or part of the lot where the parking is located shall be in the same ownership or be leased by a long term renewable agreement and the parking spaces shall be retained for the duration of the use. In an Industrial Zone, parking areas shall be located in Side or Rear Yards only, except that visitor parking may be permitted within a Front Yard. Page 57 of 260 (e) Access to Parking Areas and Aisles The parking area and approaches shall be surfaced with concrete or asphalt or crushed stone in order to prevent the raising of dust or loose particles. Access driveways designated for two-way traffic shall be not less than 6 m in width. Separate entrance and exit driveways shall be not less than 3.6 m in width. Access to parking areas for commercial or industrial uses shall not pass through a Residential Zone. Aisles designated for two-way traffic shall be not less than 6 m in width. Aisles designated for one-way traffic shall be not less than 3.6 m in width. (f) Commercial Vehicles Commercial vehicles shall not be parked within any Residential Zone or on a lot in a Rural Zone except for the purpose of delivery of goods, wares and merchandise when delivery is carried on in the ordinary course of business. In the Residential Zone, the one commercial vehicle having a gross vehicle weight of less than 2 tonnes may be allowed per dwelling unit. In a Rural Zone, the one commercial vehicle having a gross vehicle weight of more than 2 tonnes may be allowed per dwelling unit. (g) Drainage Provision for drainage facilities shall be made in compliance with the requirements of the Municipality. (h) Additions to Buildings The parking space requirements shall not apply to any building or structure in existence at the date of passing of this By-law so long as the floor area, as it existed at such date, is not increased. If an addition is made to the building or structure which increases the floor area, then parking space for the addition shall be provided as required by Section 3.27 (a) of this By-law. (i) Buffering Landscaped open space shall be provided in accordance with the provisions of Section 3.19 of this By-law. 3.28 Public Uses Any land may be used and any building or structure may be erected or used for the purpose of a public use provided that: Page 58 of 260 (a) the Lot Coverage, Setback and Yard requirements prescribed for the zone in which such land, building or structure is located shall be complied with, except for linear transmission facilities for gas, telephone, cable and electric power (i.e., poles, lines and similar elements); (b) no open storage of goods, material, or equipment shall be permitted except in accordance with the zone provisions; (c) any building or structure erected in a Residential Zone under the authority of this paragraph shall be designed and maintained in general harmony with the residential buildings. 3.29 Railway Crossings and Sight Distance Where any road or street crosses a railway at the same grade, no building or structure shall hereafter be erected closer to the point of intersection of the centre line of both the railway and the road or street than 30 m where automatic signal protection is provided and 45 m where no automatic signals are provided. 3.30 Renewable Energy Systems 3.30.1 For the purposes of this By-law, and notwithstanding any other provisions of this By-law, Renewable Energy Systems are defined as follows: (a) Wind Energy Systems - A wind energy system with a nameplate generating capacity that does not exceed 3 kilowatts and has a maximum turbine height, including the blades, of 17 m. A micro scale wind energy system is generally ancillary to the principal permitted use. - The electricity produced by micro scale wind energy systems may be used on site or credited into the Provincial electricity grid to offset the electricity consumption costs incurred by the principal use on the property. - Does not require a Renewable Energy Approval. Note: An example of a micro scale system includes a turbine mounted on a freestanding pole, with or without guy wire support that supplements the electricity needs of the principal use. (b) Solar Energy Systems - Solar energy systems are ground installed facilities that cover less than 20,000 m2 of land or facilities that are incorporated into existing or proposed buildings used principally for another use. Building mounted facilities can be unlimited in size. Page 59 of 260 - The electricity produced by small scale solar energy systems may be used on site or credited into the Provincial electricity grid to offset the electricity consumption costs incurred by the principal use on the property. - Does not require a Renewable Energy Approval. Note: An example of a small scale solar energy system includes a photovoltaic array that supplements the electricity needs of the principal use. 3.30.2 For the purposes of this By-law the installation of a renewable energy system shall be in accordance with the following provisions: (a) Wind turbines shall demonstrate that the shadow flicker experienced at any point of perception, which shall be considered to be a residential use within 30 metres will not exceed 30 hours per year or 30 minutes per day (based on worst case scenario) as a result of the operation of a wind turbine energy system. (b) Building permits for all renewable energy systems shall be referred to NAV Canada to ensure the size and siting of the proposed facility does not impact on radar installations (c) No wind energy system shall be permitted within 600 m of the St. Lawrence Seaway. (d) Building permits for renewable energy systems within 1 km of the boundary at an airport shall be referred to Transport Canada for obstacle and lighting, including reflection clearance. (e) Building permits for all renewable energy systems within 1 km of the boundary of any airport shall refer to the airport operator in order to ascertain specific aeronautical requirements as a result of Canadian Aviation Regulations and any applicable Airport Zoning Regulation. (f) No advertising sign or logo shall be visible on any renewable energy system. (g) Wind energy systems must be set back from a Provincial Highway or controlled access highway a minimum distance equal to 1.25 times the height of the turbine. (h) Building permits for renewable energy systems shall be referred to the Ontario Ministry of Transportation, whose area of permit control extends 45 metres from the limit of a Provincial Highway or controlled access highway or within 395 metres of the centre point of an intersection with a Provincial Highway. (i) Wind Energy Systems will be set back a minimum 1.25 times the Turbine Height from any road and public right-of-way and one times the Turbine Height from properties not part of the development. (j) Any renewable energy system will be removed if it ceases producing power for more than one year. Page 60 of 260 (k) All parts of a renewable energy system will be contained within the setbacks for main buildings of the zone, or in accordance any other provision of this by- law, whatever is greater. (l) Wind Energy Systems are to be consistent with Ministry of Environment Publications 4709e (Interpretation for Applying MOE NPC Technical Publications to Wind Turbine Generators, Version 1) or any future amendment thereof. (m) Solar energy systems shall be building mounted in all residential zones. (n) Solar energy systems shall be building mounted in all zones in settlement areas. (o) Building mounted renewable energy systems shall not extend greater than 3 m off an existing structure in any direction and shall not encroach into a required yard. (p) Maximum lot coverage: 10% more than the maximum site coverage established in the existing zone. (q) Maximum height: For all zones except Residential, 3 m more than the maximum height permitted in the underlying zone. For Residential zones, 1 m more than the maximum height permitted in the underlying zone. (r) Setbacks to all property lines: Setbacks already established in the applicable zone plus 1 m. (s) Freestanding Wind Energy Systems (including those using guy wires) are permitted in all zones. (t) Building Mounted Wind Energy Systems (including those using guy wires) are permitted in all zones. (u) Building Mounted Solar Energy Systems shall be permitted in all zones. (v) Freestanding Solar Energy Systems shall be permitted in all zones. 3.31 Separation Distances Notwithstanding any provision of this By-law to the contrary, new dwellings will be prohibited in the following locations: - within 150 m of any land zoned Wrecking Yard or for wrecking yard purposes - within 500 m of any land zoned Waste Management Notwithstanding any provision of this By-Law to the contrary, new non-agricultural uses shall be prohibited within a minimum distance separation as determined by the current Minimum Distance Separation One (MDS I) formula. Page 61 of 260 3.32 Setbacks (a) Streets The following setbacks shall be the minimum required: Street Setback Township streets 10 m from the centreline of road allowance, plus the minimum Front Yard for the appropriate zone Other public streets In accordance with Ministry of Transportation Regulations or County By-laws (b) From Water Where any lot is adjacent to a waterbody where no Flood Plain exists, any building or structure to be erected thereon, including a sewage disposal system, shall be set back a minimum of 20 m from the normal high water mark. This provision shall not apply to marine facilities, to transmission facilities for gas, telephone, cable or hydro or to flood control structures. Note: The Conservation Authority may have setback and other Regulations which are directly administered by that agency and may apply in addition to the requirements of this By-law. (c) From Slopes Where any lot is adjacent to or traversed by an Unstable Slope as established by the Province and shown on a Schedule to the Stormont, Dundas and Glengarry Official Plan, the provisions of that Plan shall apply. (d) A semi-detached of a row house which in its entirety complies with the requirements and provisions of this By-law shall not be deemed to be erected or used in contravention of or in breach of this By-law merely because its dwelling units are held in separate ownership. With respect to the Side Yard of the lot, which in part forms the common wall(s), no Side Yard is required. (e) From Rail Lines No dwelling shall be erected closer than 30 metres from the property boundary of an existing or proposed rail line. 3.33 Signs The provisions of this By-law shall not apply to prevent the erection, alteration, or use of any legal sign provided that such sign complies with the provisions of this By- law regarding sight triangles and home occupations. Page 62 of 260 That Section 3.33 'Signs' be amended adding the following: a) No person shall erect, install, display or maintain a sign or advertising devise except in the areas permitted by this By-law and then only upon compliance with the provisions of this By-law and/or the Municipal Sign By- law applicable thereto and obtaining a permit from the Chief Building Official and any other appropriate agency. b) Signs shall only be permitted in the following zones, unless otherwise stated in this By-law: o General Commercial (CG); o Local Commercial (CL); o Highway Commercial (CH); o Tourist Commercial (CT); o Rural Commercial (CR); o Institutional (I); o Light Industrial (M1); o General Industrial (M2); o Rural Industrial (MR); o Wrecking Yard (WY); and, o Residential First Density for a Home Occupation use. c) All signs shall be consistent with the provisions of Section 3.1 'Accessory Uses' unless otherwise stated in this By-law. d) No person shall erect any illuminated sign or illuminate in an area outside any building unless such illumination is directed away from adjoining properties and any adjacent streets. e) Obsolete signs which no longer advertise a bona fide business conducted, or products sold shall not be permitted. f) Where this section is inconsistent with the regulations respecting sign, legal on or near County Roads made or administered by the United Counties of Stormont, Dundas and Glengarry, or public highways made or administered by the Ministry of Transportation (MTO), the more restrictive regulation shall apply. 3.34 Special Provisions for Automobile Service Stations, Commercial Garages and Gasoline Retail Facilities Where automobile service stations, commercial garages and gasoline retail facilities are permitted in this By-law, and notwithstanding any other provisions of this By-law to the contrary, the following provisions shall apply: Page 63 of 260 (a) the minimum distance of any pump or advertising sign from any street line shall be 7.5 m and 4.5 m from any other lot line; (b) the width of any entrance or exit or combined entrance or exit measured at the Front Lot line or Exterior Side Lot line shall not be grater than 9 m and there shall not be more than two accesses from any one street which adjoins the lot; (c) the minimum distance of any access from a street intersection shall be 12 m and the minimum distance between accesses shall be 9 m; (d) where the lot is a corner lot, no portion of any gasoline pump island shall be located closer than 3 m to a sight triangle; (e) the interior angle, formed by the street line and the centreline of any driveway, shall be not less than 60 degrees. 3.35 Storage of Special Vehicles (a) Vehicles Permitted The owner or occupant of any lot, building or structure in any Residential Zone may store or park not more than one (1) boat with or without a boat trailer, one recreational vehicle, and two snowmobiles upon such lot subject to the following regulations: - where lands are used for an apartment dwelling or a converted dwelling, the boat or recreational vehicle must be located within a building and shall only be permitted in spaces or areas that are in addition to the number of parking spaces required under Section 3.25; or - where lands are used for any other Residential purpose, the boat or recreational vehicle must be stored: - within a private garage or carport; - in the Interior Side Yard to the rear of a point midway between the front and rear walls of the main building not closer than 1.0 m from the nearest Side lot line; - in the Rear Yard not closer than 1.0 m from any lot line; or - outside of any minimum Front Yard or minimum Exterior Side Yard. (b) Temporary Storage or Parking In any Residential Zone, the parking or storage of a boat, recreational vehicle or snowmobile may be permitted for a period of not more than 72 hours in any one calendar month in a minimum Front Yard or minimum Exterior Side Yard, provided that the said vehicles are not parked or stored within a sight triangle. Page 64 of 260 3.36 Swimming Pools (a) General Notwithstanding any other provisions of this By-law to the contrary, in association with a permanent residential use, a swimming pool and structures in conjunction with such a swimming pool may be erected and used in the Interior Side or Rear Yard provided that: - No part of such swimming pool shall be located closer than one (1) m to any Rear or Side Lot line. - No water circulation or treatment equipment such as pumps or filters shall be located closer than five (5) m to any Rear or Side Lot line. - When located within ten (10) metres of a neighbouring habitable dwelling, water circulation machinery shall be suitably enclosed to reduce or divert noise away from such habitable dwelling. - Any building or structure, other than the main building, required for changing clothing or for pumping or filtering facilities, or other similar accessory uses, shall be in accordance with the provisions applicable to accessory buildings on such lot. - An applicant for a permit to construct a swimming pool shall prepare a plan of the proposed swimming pool, complete with specifications showing the dimensions of the pool, its location on the lot and a plan depicting the fencing and gate(s) that will surround the pool, as well as the written consent of the property owner, to be submitted to the building inspector for approval. (b) Fencing - REMOVED - Every enclosure for an outdoor swimming pool shall be at least 1.2 m in height, and of a close-boarded, chain link or other approved design, to reasonably deter children from climbing through, over or under to gain access to the enclosed area. - Gates that make up part of the enclosure shall provide protection equivalent to that of the fence, and be equipped with a self-closing and latching device and lock, at the top and inside the gate. - Doors located in the wall of a building that form part of the enclosure of an outdoor swimming pool shall be equipped with self-closing and latching devices and locking mechanism. - All gates and doors that form part of an outdoor swimming pool enclosure shall be kept locked except when the enclosed area is actually under competent supervision. - Barbed wire or fencing energized by electrical current shall not be used or form part of an enclosure for an outdoor swimming pool. 2020-88 Page 65 of 260 That Section 3.36 "Swimming Pools" be deleted. (b) Maintenance Every part of an outdoor swimming pool enclosure shall be maintained in a structurally sound and upright condition to reasonably deter children from climbing through, over or under to gain access to the enclosed area. 3.37 Temporary Uses In any zone, temporary construction facilities such as a shed, scaffold or sales office, temporary accommodation such as a mobile home and equipment incidental to building on the premises shall be permitted for a maximum period of two years and only while a valid building permit for such construction remains in force. Temporary accommodation will only be permitted in the case when an existing dwelling is damaged to the extent that it becomes uninhabitable and for the time period while reconstruction or new construction is in progress. 3.38 Through Lots Where a lot which is not a corner lot has Frontage on more than one (1) street, the requirements for Front Yards contained in this By-law shall apply to each yard abutting the street, save and except for accessory uses in accordance with Section 3.1. 3.39 Yard Encroachments Every part of any minimum required yard shall be open and unobstructed by any structure other than an accessory building or structure permitted elsewhere in this By- law, provided, however, that those structures listed below shall be permitted to project into the minimum required yards indicated for the distances specified. (a) Belt courses, sills, cornices, eaves, gutters, chimneys, bay windows, pilasters or other ornamental structures may project into any minimum required yard not more than 0.6 m. (b) Open and roofed porches, sundecks, balconies, attached greenhouses, exterior stairs and landings may project into any minimum required Front or Rear Yard not more than 1.5 m. (c) Uncovered patios, awnings, fences, garden trellises and similar landscaping features, all plant materials, clothes poles, flag poles, fences, retaining walls and similar accessory uses may project into any minimum yard. (d) A gate house or guard house shall be permitted in a Font Yard or Exterior Side Yard in an Industrial Zone. (e) A children=s weather shelter not exceeding a floor area of 3 m2 shall be permitted in a Front Yard or Exterior Side Yard in a Rural Zone or an Agricultural Zone. (f) Underground facilities such as septic tanks and sewage disposal system leaching beds and above ground facilities directly providing public services Page 66 of 260 such as utility poles and mail boxes may encroach into a minimum required yard or setback area provided it complies with all applicable regulations pursuant to federal or provincial legislation and the location is approved by the municipality. 3.40 Cannabis Processing Facility: Notwithstanding any provision of this By-law to the contrary, Cannabis Processing Facilities shall also be subject to the following provisions: a. Cannabis Processing Facilities shall be permitted as accessory to an agricultural use b. Setbacks for any facility shall be a minimum of 300 metres from any sensitive land uses as defined in Section 2 of the Zoning By-law c. All Cannabis Processing Facilities shall be equipped with approved Air Treatment Control as defined in the By-law d. All storage shall be in a fully enclosed building e. All development in relation to the establishment or expansion of a Cannabis Processing Facility shall be subject to Site Plan Control 3.41 'Short Term Rentals' Notwithstanding any provisions of this By-law, Short Term Rentals may be permitted and shall comply to the following: a. Short Term Rentals shall be permitted in all zones that a dwelling is permitted and shall conform to the requirements of the particular zone for all development standards; b. A barrier containing any combination of plant materials, landscaped berms or fencing, that is a minimum of 1 metre in height shall be provided along abutting property lines; c. All development in relation to the establishment or expansion of a Short-Term Rental be subject to Site Plan Control Approval. 3.42 'Additional Residential Units' Notwithstanding any provisions of this By-law, Additional Residential Units may be permitted and shall comply to the following: a. For any zone that permits a single detached dwelling, semi-detached dwelling, or row house dwelling, the following shall also be permitted: i. One additional residential unit within a single detached dwelling, semi-detached dwelling or rowhouse dwelling; and ii. One additional residential unit in an accessory building or structure which is permitted and ancillary to the single detached dwelling, semi-detached dwelling or rowhouse dwelling. b. Additional Residential Units shall be subject to the corresponding zone provisions if in the primary structure. Page 67 of 260 c. For Additional Residential Units in an accessory structure, the general provisions for accessory uses shall apply. d. Additional Residential Units on a lot which abuts a lake or watercourse or designated as wetland as being subject to Site Plan Control Approval. e. Additional Residential Units shall be subject to the setbacks from water identified in Section 3.32 (b) of the Zoning By-law. f. Additional Residential Units on lots that are serviced by a private well require the submission of a Hydrogeology Report by a qualified individual confirming that the well has capacity for the proposed development if privately serviced. g. Additional Residential Units on a lot serviced by a private sewage system requires the submission of a Terrain Assessment, by a qualified individual that demonstrates that the septic system has capability for servicing the proposed use, or makes recommendations for appropriate alterations that will accompany the creation of the unit. h. Additional Residential Units may not be severed from the lot containing the primary residential use. 3.43 'Fence': A fence shall be permitted in any zone in accordance with the relevant provisions of this By-law and the following: a. The maximum fence height shall no exceed 2 m, measured from the established grade, unless otherwise stated in this by-law; b. No fence shall be erected so as to obstruct a sight triangle as defined in the zoning by-law; and c. Fences shall conform to any Municipal or County Fence By-law, which provisions as may be enacted under the Municipal Act, or Provincial requirement for fences that abut provincial lands Page 68 of 260 SECTION 4 ZONES 4.1 Zone Classifications For the purpose of this By-law, all lands within the Township of South Dundas are divided into the following zones which are identified on the attached Schedules by the accompanying symbols: Zone Classifications Residential First Density R1 Residential Second Density R2 Residential Third Density R3 Residential Fourth Density R4 Residential Estate RE Residential Hamlet RH Residential Rural RR Residential Mobile Home RMH Residential Waterfront RW General Commercial CG Local Commercial CL Highway Commercial CH Tourist Commercial CT Rural Commercial CR Institutional I General Industrial MG Rural Industrial MR Open Space OS Agricultural A Rural RU Wrecking Yard WY Waste Management WM Mineral Aggregate - Pit MAP Mineral Aggregate - Quarry MAQ Mineral Aggregate - Reserve MAR Flood Plain FP Wetlands WL ANSI ANSI 4.2 Schedules The attached Schedules 1-12 form part of this By-law. Page 69 of 260 4.3 Streets and Rights-of-Way A street, lane, railway right-of-way or other right-of-way shown on the attached Schedules shall be included, unless otherwise indicated, with the zone of adjoining property on either side thereof. 4.4 Holding Zones (a) Any parcel or area of land in any zone may be further classified as a holding zone with the addition of the suffix "-h". The intent is to signify Council's approval in principle to future development of the land for the purposes indicated by the symbol. The holding classification added to a given zone shall restrict development of the land until such time as the demand for the development of the land is sufficient to warrant immediate development. (b) Where a holding zone applies, no lands shall be used and no buildings or structures shall be erected or used for any purpose other than those uses existing for such land, building or structure on the date of passing of this By-law. Any change from the holding status shall require an amendment to this By-law, which shall only be passed by Council when any applicable services, financial arrangements and conditions for the development of the lands affected by the amendment have been determined to the satisfaction of Council. 4.5 Special Exception Zones Where a zone classification is followed by a dash and a number (eg. R1-l), this denotes a special exception zone. Lands so zoned shall be subject to all of the provisions of the zone represented by the classification except as otherwise provided by the special exception provisions of the zone. These special exception provisions are listed separately under the appropriate zone in the text of the By-law. 4.6 Temporary Use Zones Temporary uses may be authorized from time to time by Zoning By-law amendment pursuant to Section 38 of the Planning Act. These are listed separately at the end of the appropriate zone category and as shown on the Zoning Schedule and are identified with the symbol "-T" because of their temporary nature. 4.7 Unstable Slopes Where a zone classification is followed by the suffix '-ss', the lands in question have been determined to have development constraints relating to unstable slopes. Any building or structure to be erected on any lands affected by the suffix "ss" (including a septic tank, tile bed, swimming pool or underground structure) shall be set back from the top of the slope and shall not be located on the flank of the slope. The setback distances are shown on the applicable Schedules to this By-law. Page 70 of 260 SECTION 5 RESIDENTIAL ZONES No person shall hereafter use any lands, nor erect, alter, enlarge or use any building or structure in a Residential Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.1 Residential First Density (R1) Zone (1) Permitted Uses: Single detached dwelling Home occupation Accessory apartment Bed and Breakfast That Section 5.1 'Residential First Density (R1) Zone' be amended by: Removing "Accessory Apartment" from the list of permitted uses (2) Zone Requirements: (a) Lot Area (minimum): Lot serviced by private well and private sewage system: 4,000 m2 Lot serviced by municipal water and private sewage system: 1,000 m2 Lot serviced by private well and municipal sanitary sewer: 660 m2 Lot serviced by municipal water and municipal sanitary sewer: 450 m2 (b) Lot Frontage (minimum): Lot serviced by private well and private sewage system: 38 m Lot serviced by municipal water and private sewage system: 25 m Lot serviced by private well and municipal sanitary sewer: 20 m Lot serviced by municipal water and municipal sanitary sewer: 15 m (c) Front Yard Depth (minimum): 6.0 m (d) Exterior Side Yard Width (minimum): 6.0 m (e) Interior Side Yard Width (minimum): 1.2 m, provided that on a lot where there is no attached private garage or attached carport 3.0 m on one side and 1.2 m on the other side Page 71 of 260 (f) Rear Yard Depth (minimum): 6.0 m (g) Dwelling Unit Area (minimum): 60.0 m2 (h) Building Height (maximum): 10.5 m (i) Lot Coverage (maximum): 40% (j) Dwellings Per Lot (maximum): 1 only (k) General Provisions: In accordance with the provisions of Section 3 hereof. (3) Special Exception Zones: R1-1 (Pt. Lots 22 and 23, Concession 1) Iroquois Notwithstanding the provisions of Section 5.1 (2) to the contrary, for the lands zoned R1-1, the following zone requirements for a single detached dwelling shall apply: Lot Frontage (interior lot) (minimum): 13 m R1-2 (Pt. Lot 30, Concession 1) Williamsburg Notwithstanding the provisions of Section 5.1 (2) to the contrary, for the lands zoned R1-2, the following zone requirements shall apply: Lot Area (minimum): 557 m2 Lot Frontage (minimum): 18.2 m Lot Coverage (minimum): 35% Yard Requirements (minimum): Front 6.0 m Rear 6.0 m Side 2 m Building Height (maximum): Main 10.5 m Accessory 4.5 m Floor Area (minimum, gross): 88.2 m2 Parking Requirements: 1 space per dwelling unit, off road Page 72 of 260 R1-3 (Pt. Lot 30, Concession 1) Williamsburg Notwithstanding the provisions of Section 5.1 (2) to the contrary, the lands zoned R1-3 shall be developed in accordance with provisions of subsection R1-2, with the exception of the following zone requirement: Lot Frontage (minimum): 17.1 m R1-4 (Pt. Lot 30, Concession 1) Williamsburg Notwithstanding the provisions of Section 5.1 (2) to the contrary, the lands zoned R1-4 shall be developed in accordance with provisions of subsection R1-2, with the exception of the following zone requirement: Lot Frontage (minimum): 13.9 m R1-5 (Pt. Lot 25, Range 1, Concession 1) Iroquois Notwithstanding the provisions of Section 5.1 (2) to the contrary, for the lands zoned R1- 5 the following zone provisions shall also apply: Exterior Side Yard abutting County Road 1/Carman road (min) 11.5 m Rear Yard Depth abutting County Road 2 (min) 7 m Interior Side Yard (min) 2 m (4) Holding Zones R1-h (Pt. Lot 30, Concession 1) Morrisburg Notwithstanding the provisions of Section 5.1 to the contrary, the following lands will be zoned R1-h according to Section 4.4 (Holding Zone): (5) Temporary Zones 5.2 Residential Second Density (R2) Zone (1) Permitted Uses: R1 uses in accordance with the provisions thereof Duplex dwelling Semi-detached dwelling Boarding house (2) Zone Requirements: (a) Lot Area (minimum): Page 73 of 260 Lot serviced by private well and private sewage system: 6000 m2 Lot serviced by municipal water and private sewage system: 2000 m2 Lot serviced by private well and municipal sanitary sewer: 1000 m2 Lot serviced by municipal water and municipal sanitary sewers: 550 m2 (b) Lot Frontage (minimum): Lot serviced by private well and private sewage system: 38 m Lot serviced by municipal water and private sewage system: 30 m Lot serviced by private well and municipal sanitary sewer: 25 m Lot serviced by municipal water and municipal sanitary sewers: 18 m (c) Front Yard Depth (minimum): 6 m (d) Exterior Side Yard Width (minimum): 6 m (e) Interior Side Yard Width (minimum): 2 m (*) (f) Rear Yard Depth (minimum) 6 m (g) Dwelling Unit Area (minimum): single detached, semi detached and duplex 75.0 m2/unit (h) Building Height (maximum): 10.5 m (i) Lot Coverage (maximum): 35% (j) Dwellings Per Lot (maximum): 2 (* Note) If a semi-detached dwelling is severed, the zone requirements continue to apply to the original lot except that the interior side yard requirement does not apply along the common lot line where there is a common wall separating the two dwellings. (3) Special Exception Zones: R2-1 (Pt. Lot 24, Concession 1) Iroquois (Carmen Court) Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2-1, the following zone requirement shall apply: Lot Frontage (minimum): 14.6 m R2-2 (Pt. Lots 23 and 24, Concession 1) Iroquois Page 74 of 260 Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2-2, the following zone requirement shall apply: Lot Area (minimum): 472 m2 R2-3 (Pt. Lot 23, Concession 1) Iroquois Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2-3, the following zone requirements shall apply: Lot Area (minimum): 472 m2 Lot Frontage (minimum): 7.6 m R2-4 (Pt. Lot 35 Plan 29) Morrisburg (Pt. Lot 8, Plan 93) Morrisburg In addition to the permitted uses in Section 5.2(1) for the lands zoned R2-4, the following uses shall also apply: Restaurant in association with a Bed and Breakfast R2-5 (Pt. Lot 31, Concession 1) Morrisburg Notwithstanding the provisions of Section 5.2 (2) to the contrary, tfor the lands zoned R2-5, the following zone requirements shall apply: Yard requirements per dwelling unit (minimum): Front 6 m R2-6 (Pt. Lot 33, Concession 1) Morrisburg (Carraway Crescent) Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2-6, the following zone requirements shall apply: Lot Area (minimum): 568 m2 Lot Frontage (minimum): 20 m R2-7 (Pt. Lot 33, Concession 1) Morrisburg (Carraway Crescent) Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2-7, the following zone requirements shall apply: Lot Area (minimum): 562 m2 Lot Frontage (minimum): 20 m Lot Coverage (maximum): 33% R2-8 (Pt. Lot 33, Concession 1) Morrisburg (81, 83, 85 & 87 Carraway Crescent) Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2-8, the following zone requirements shall apply: Page 75 of 260 Lot Area per dwelling unit (minimum): 281 m2 Lot Frontage per dwelling unit (minimum): 10 m Yard Requirements per dwelling unit (minimum): Front 7.2 m Rear 5.7 m Side 4.5 m on one side and 0 m on the other Building Height (maximum): 4.5 m Lot Coverage (maximum): 29% R2-9 (Pt. Lot 101, Plan 29, Blk 26) Morrisburg Notwithstanding the provisions of Section 5.2 (1) and 5.1 (2) (a) to the contrary, for the lands zoned R2-9, the minimum lot area for a lot serviced by municipal water and municipal sanitary sewer shall be 430m3 for a single detached dwelling use. R2-10 (Pt. Lot 32, Concession 1) Morrisburg (Merkley Street & Louden Terrace) Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2 10, the following zone requirements shall apply: Lot Area (minimum): 640 m2 Lot Area per dwelling unit (minimum): 320 m2 Lot Frontage per dwelling unit (minimum): 9 m Yard Requirements per dwelling unit (minimum): Front 7.2 m Rear 5.7 m Interior side 2.7 m on one side and 0 m on the other Exterior side 2.7 m Building Height (maximum): 4.5 m Lot Coverage (maximum): 30% R2-11 (Pt. Lot 32, Concession 1) Morrisburg (50C & 50D Fifth Street) Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2- 11, the following zone requirements shall apply: Lot Area per dwelling unit (minimum): 500 m2 Lot Frontage per dwelling unit (minimum): 9 m Yard Requirements per dwelling unit (minimum): Front 9 m Side 3 m on one side and 0 m on the other Lot Coverage (maximum): 25% Page 76 of 260 R2-12 Reserved For Future Use R2-13 (Pt. Lot 32, Concession 1) Morrisburg (46A & 46B Meikle Street) Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2- 13, the following requirements shall apply: Lot Area per dwelling unit (minimum): 275 m2 Lot Frontage per dwelling unit (minimum): 9 m Yard Requirements per dwelling unit (minimum): Front 7.4 m Rear 9.05 m Side 3 m on one side and 0 m on the other Lot Coverage (maximum): 30% R2-14 (Pt. Lot 31, Concession 1) Morrisburg (9A & 9B Gibson Lane) Notwithstanding the provisions of Section 5.2 (2) to the contrary, on the lands zoned R2- 14, the following zone requirements shall apply: Lot Area per dwelling unit (minimum): 420 m2 Lot Frontage per dwelling unit (minimum): 12 m Yard Requirements per dwelling unit (minimum): Front 6.4 m Rear 6.5 m Side 2.1 m on one side and 0 m on the other Lot Coverage (maximum): 35% R2-15 (Pt. Lot 31, Concession 1) Morrisburg Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2- 15, the following zone requirements shall apply: Lot Area per dwelling unit (minimum): 350 m2 Lot Frontage per dwelling unit (minimum): 10.5 m Yard Requirements per dwelling unit (minimum): Side 2.0 m on one side and 0 m on the other R2-16 (Pt. Lot 31, Concession 1) Morrisburg (Third Street and Augusta Street) Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2- 16, the following zone requirements shall apply: Lot Area per dwelling unit (minimum): 380 m2 Page 77 of 260 Lot Frontage per dwelling unit (minimum): 18 m Yard Requirements per dwelling unit (minimum): Side 20 m on one side and 0 m on the other Rear 3.5 m 2020-88 That Section 5.2 (3) Special Exception R2-16 be amended as follows: a. Deleting "Side 20 metres on one side and 0 metres on the other" b. Inserting "2 metres side yard setback and 0 metres setback from vertical separation between each building" R2-17 (Pt. Lot 31, Concession 1) Morrisburg (38 Fifth Street West) Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2- 17, the following zone requirement shall apply: Lot Frontage (minimum): 18 m R2-18 (Pt. Lot 101, Plan 29, BLK 26, Part 1 on 8R-5203) Morrisburg Notwithstanding the provisions of Section 5.2 (2) (a) to the contrary, for the lands zoned R2-18, the minimum lot area for a lot serviced by municipal water and municipal sanitary sewer shall be 485m2 for a semi-detached dwelling use. Notwithstanding the provisions of Section 5.2 (2) (c) to the contrary, for the lands zoned R2-18, the minimum front yard depth and rear yard setback shall be 5.5 metres. Notwithstanding the provisions of Section 5.2 (2) (d) to the contrary, for the lands zoned R2-18, the minimum exterior side yard width shall be 4.5 metres. Notwithstanding the provisions of Section 3.39 (b) to the contrary, for the lands zoned R2- 18, open decks may project into the rear yard or exterior side yard not more than 2.0 metres. R2-19 (Pt. Lot 189, Plan 39) Iroquois Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2- 19, the minimum required interior side yard setback shall be 1.5 metres (*). 2020-88 That the eastern portion of the property located at 42 Beach Ave as indicated by the shaded tone on Schedule 'B' attached hereto and forming part of this By-law is rezoned from "Residential Second Density (R2) Zone" to the "Residential Third Density (R3-2) Zone". Page 78 of 260 That a 2 metre interior side yard setback be applied to the subject property. (4) Holding Zones (5) Temporary Zones RH-t-1 (Pt. Lot 31, Concession 4) Williamsburg Notwithstanding the permitted uses of Section 5.1(1) for the lands zoned RH, the following uses shall be permitted as the primary use for three (3) from the date of passing: - Garage RH-t-2 (Pt. Lot 31, Concession 4 - 4428 Cty Rd 1/Carman Rd)) Notwithstanding the permitted uses of Section 5.1(1) for the lands zoned RH, the following uses shall be permitted as the primary use for three (3) from the date of passing: - Garage - Dwelling unit above the garage Page 79 of 260 5.3 Residential Third Density (R3) Zone (1) Permitted Uses: R1 and R2 uses in accordance with the provisions thereof Converted dwelling in accordance with the provisions of R1 for a single detached dwelling Row house dwelling provided that the lot is serviced by municipal water and sanitary sewer systems (2) Zone Requirements, Row House Dwelling: (a) Lot Area (minimum): 180.0 m2 per unit (b) Lot Frontage (minimum): 6.0 m per unit plus side yard requirement where applicable (c) Front Yard Depth (minimum): 6 m (d) Exterior Side Yard Width (minimum): 6 m (e) Interior Side Yard Width (minimum): 3.0 m (f) Rear Yard Depth (minimum): 7.5 m (g) Group Setback: Notwithstanding any other provisions of this By-law, not more than four consecutive units within a row house dwelling shall be constructed with their exterior outside walls in a straight line. Additional permitted units in a row shall be set back or forward a distance of not less than 1.0 m from the alignment of the others in a row. (h) Development Form: Not more than eight (8) dwelling units shall be in any one row house dwelling (i) Building Height (maximum): 10.5 m (j) Lot Coverage (maximum): 35% (k) Dwelling Unit Area (minimum): 65 m2 (l) Landscaped Open Space (minimum): 35% (m) Main Building Spacing (minimum): 3.0 m Page 80 of 260 (3) Special Exception Zones: R3-1 Notwithstanding the provisions of Section 5.3 (2) to the contrary, for the lands zoned R3-1, the following zone requirements shall apply: Lot Area (minimum): 145 m2 Lot Frontage (minimum): 5 m Yard Requirements (minimum): Side 1 3 m Side 2 0 m (4) Holding Zones (5) Temporary Zones 5.4 Residential Fourth Density (R4) Zone (1) Permitted Uses: R1, R2 and R3 uses in accordance with the provisions thereof Provided the lot is serviced by municipal water and sanitary sewer systems: Apartment dwelling Home for the aged Senior Citizens= apartment dwelling Nursing home Retirement home (2) Zone Requirements, Apartment Dwelling House: (a) Lot Area (minimum): 230.0 m5 per unit for the first four (4) units, plus 45 m2 for each additional unit in excess of four (4). (b) Lot Frontage (minimum): 30 m (c) Front Yard Depth (minimum): 9.0 m (d) Exterior Side Yard Width (minimum): 7.5 m (e) Interior Side Yard Width (minimum): 3 m (f) Rear Yard Depth (minimum): 7.5 m Page 81 of 260 (g) Building Height (maximum): 15.0 m (h) Lot Coverage (maximum): 35% (i) Dwelling Unit Area (minimum): Bachelor Unit 45 m2 One Bedroom Unit 55 m2 Two Bedroom Unit 60 m2 Over Two Bedrooms 65 m2 (j) Landscaped Open Space (minimum): 35% (3) Special Exception Zones: R4-1 (Pt. Lot 29, Concession 1) Morrisburg (Campbell Street) Notwithstanding the provisions of Section 5.4 (2) to the contrary, for the lands zoned R4-1, the following zone requirements shall apply: Lot Frontage (minimum): 24 m Lot Coverage (maximum): 36% Yard Requirement (minimum): Rear 7 m That Section 5.4 (3) Residential Fourth Density Special Exception 1 (R4-1) Zone be amended as follows: a) Deleting "Campbell Street" and replacing it with "Pilot Way" R4-2 (Pt. Lots 23 and 24,Concession 1) Iroquois Notwithstanding any provisions of Section 5.4 (2) to the contrary, for the lands zoned R4-2, the following zone provision shall apply: The minimum Interior Side Yard adjacent a residential structure with a habitable room window may be reduced to 1.5 m. R4-3 (Pt. Lot 24, concession 1) Iroquois Notwithstanding the provisions of Section 5.4 (1) & (2) to the contrary, for the lands zoned R4-3, the following permitted use and zone requirements shall apply: An apartment containing a maximum of four units Lot Area for an apartment (minimum): 900 m2 Page 82 of 260 R4-4 (Pt. Lot 33, Concession 1) Morrisburg (40-54 Carraway Crescent) Notwithstanding the provisions of Section 5.4 (2) to the contrary, for the lands zoned R4-4, the following zone requirement shall apply: Lot Frontage (minimum): 50 m R4-5 (Pt. Lot 33, Concession 1) Morrisburg (56-64 Carraway Crescent) Notwithstanding the provisions of Section 5.4 (2) to the contrary, for the lands zoned R4-5, the following zone requirement shall apply: Lot Frontage (minimum): 24 m R4-6 (Pt. Lot 33, Concession 1) Morrisburg (72-82 Carraway Crescent) Notwithstanding the provisions of Section 5.4 (2) to the contrary, for the lands zoned R4-6, the following zone requirements shall apply: Lot Frontage (minimum): 41 m Yard Requirement (minimum): Front 3 m R4-7 (Pt. Lot 33, Concession 1) Morrisburg (84-90 Carraway Crescent) Notwithstanding the provisions of Section 5.4 (2) to the contrary, for the lands zoned R4-7, the following zone requirements shall apply: Lot Area (minimum): 554 m2 Lot Frontage (minimum): 13.4 m Yard Requirements (minimum): Front 7.3 m Side 3 m Rear 7.6 m R4-8 (Pt. Lot 33, Concession 1) Morrisburg (92-102 Carraway Crescent) Notwithstanding the provisions of Section 5.4 (2) to the contrary, for the lands zoned R4-8, the following zone requirement shall apply: Yard Requirement (minimum): Rear 7.6 m R4-9 (Pt. Lot 33, Concession 1) Morrisburg (66 & 68 Carraway Crescent) Notwithstanding the provisions of Section 5.4 (2) to the contrary, for the lands zoned R4-9, the following zone requirements shall apply: Page 83 of 260 Lot Area per dwelling unit (minimum): 230 m2 Lot Frontage per dwelling unit (minimum): 5.48 m R4-10 (Pt. Lot 29, Concession `1) Morrisburg (Fifth Street) Notwithstanding the provisions of Section 5.4 (2) to the contrary, for the lands zoned R4- 10, the following zone requirements shall apply: Lot Frontage (minimum): 23 m Lot Coverage (maximum): 38% Yard Requirements (minimum): Side 1.5 m Rear 6.5 m R4-11 (Pt. Lot 30, Concession 5) Williamsburg Notwithstanding the provisions of Section 5.4 (2) to the contrary, for the lands zoned R4- 11, the following zone requirements shall apply: Lot Area (minimum): 1530 m2 Lot Frontage (minimum): 34 m Lot Coverage (maximum): 50% R4-12 (Pt. Lot 31, Concession 5) Williamsburg Notwithstanding the provisions of Section 5.4 (2) to the contrary, for the lands zoned R4- 12, the following zone requirements shall apply: Dwelling Unit Area (minimum): 45 m2 Yard Requirement (minimum): Exterior Side 4.7 m R4-13 (Pt. Lot 33, Concession `1) Registered Plan 83, Lots Pt. of 4 and 5, Morrisburg Notwithstanding the provisions of Section 5.4(2) to the contrary, for the lands zoned R4- 13, the following zone requirements shall apply: Yard Requirements Front 6 m Rear 6 m Side 2 m R4-14 (Pt. Lots 31 & 32, Concession 5) Williamsburg Page 84 of 260 Notwithstanding the provisions of Section 5.4 (2) to the contrary, for the lands zoned R4- 14, the following zone requirements shall apply: Lot Area (minimum): 8000 m2 Lot Frontage (minimum): 15 m Yard Requirements (minimum): Front 0 m Rear 6 m Side 6 m Dwelling Unit Area (minimum): 50 m2 R4-15 (Lot 101, Plan 29, Block 26) Morrisburg Notwithstanding the provisions of Section 3.27 (a) to the contrary, for the lands zoned R4-15, five parking spaces shall be required for a four dwelling unit apartment building Notwithstanding the provisions of Section 3.39 (b) to the contrary, for the lands zoned R4-15, the entry landing, porch and exterior stairs on the east side of the building may project into the required exterior side yard not more than 3.0 metres. Notwithstanding the provisions of Section 3.39 (b) to the contrary, for the lands zoned R4- 15, each dwelling unit is permitted to have one open roofed porch, sundeck, or balcony up to a maximum size of 3.0 metres by 2.4 metres in size that may project into the required front yard not more than 2.4 metres and into the required Rear yard not more than 2.1 metres. Notwithstanding the provisions of Section 5.4 (2) (c) to the contrary, for the lands zoned R4-15, the minimum required front yard setback shall be 6 metres. Notwithstanding the provisions of Section 5.4 (2) (d) to the contrary, for the lands zoned R4-15, the minimum required exterior side yard setback shall be 6 metres." R4-16 (Pt. of Lot 30, Concession) Williamsburg Notwithstanding the provisions of Section 5.4 (2) (a) for the lands zoned R4-16, the minimum required lot area shall be 200m² per unit for the first four (4) units. Notwithstanding the provisions of Section 5.4 (2) (b) for the lands zoned R4-16, the minimum required lot frontage shall be 15 metres. Notwithstanding the provisions of Section 5.4 (2) (c) for the lands zoned R4-16, the minimum required front yard depth shall be 4.5 metres. Notwithstanding the provisions of Section 5.4 (2) (d) for the lands zoned R4-16, the minimum required exterior side yard width shall be 0.6 metres. Page 85 of 260 Notwithstanding the provisions of Section 5.4 (i) for the lands zoned R4-16, the minimum dwelling unit area for a bachelor unit shall be 36 square metres." R4-17 (Pt. of Lot 31, Concession 5) Williamsburg Notwithstanding the provisions of Section 5.4 (2) (f) to the contrary, for the lands zoned R4-17, the minimum rear yard depth shall be 2 meters. Notwithstanding the provisions of Section 5.4 (2) (i) to the contrary, for the lands zoned R4-17, the minimum dwelling unit area for a one bedroom unit shall be 49 square metres. Notwithstanding the provisions of Section 3.1 (a) to the contrary, for the lands zoned R4- 17, accessory buildings or structures shall not be located closer than 1.2 m to any Interior Side or Rear Lot Line and shall not exceed 6 m in height. R4-18 (Dutch Meadows) The areas shown on Schedule 'A' to this By-law shall henceforth be zoned 'Residential First Density (R1) Zone', 'Residential First Density-holding (R1-h) Zone' 'Residential Second Density (R2) Zone', 'Residential Second Density-holding (R2-h) Zone', and 'Residential Fourth Density Exception 17 (R4-17) Zone'. (4) Holding Zones (5) Temporary Zones 5.5 Residential Hamlet (RH) Zone (1) Permitted Uses: Converted dwelling Duplex dwelling Single detached dwelling Semi- detached dwelling Accessory apartment Church Bed and Breakfast That Section 5.5 'Residential Hamlet (RH) Zone' be amended by: Removing "Accessory Apartment" from the list of permitted uses Page 86 of 260 (2) Zone Requirements - duplex dwelling or semi-detached dwelling: (a) Lot Area (minimum): Lot serviced by private well and private sewage system: 6000 m2 Lot serviced by municipal water or by municipal sewers only: 2000 m2 Lot serviced by municipal water and municipal sanitary sewers: 550 m2 (b) Lot Frontage (minimum): Lot serviced by private well and private sewage system: 50 m Lot serviced by municipal water or by municipal sewers only: 30 m Lot serviced by municipal water and municipal sanitary sewers: 20 m (c) Front Yard Depth (minimum): 7.5 m (d) Exterior Side Yard Width (minimum): 7.5 m (e) Interior Side Yard Width (minimum): 2.4 m (f) Rear Yard Depth (minimum): 7.5 m (g) Dwelling Unit Area (minimum): 75.0 m2 (h) Building Height (maximum): 10.5 m (i) Lot Coverage (maximum): 30% (j) Dwelling Units Per Lot (maximum): 2 (3) Zone Requirements, All Other Permitted Uses: (a) Lot Area (minimum): Lot serviced by private well and private sewage system: 3000 m2 Lot serviced by municipal water or by municipal sewers only: 1000 m2 Lot serviced by municipal water and municipal sanitary sewers: 450 m2 (b) Lot Frontage (minimum): Lot serviced by private well and private sewage system: 40.0 m Lot serviced by municipal water or by municipal sewers only: 30.0 m Lot serviced by municipal water and municipal sanitary sewers: 20.0 m (c) Front Yard Depth (minimum): 7.5 m (d) Exterior Side Yard Width (minimum): 7.5 m Page 87 of 260 (e) Interior Side Yard Width (minimum): 2.4 m (f) Rear Yard Depth (minimum): 7.5 m (g) Dwelling Unit Area (minimum): 75.0 m2 (h) Building Height (maximum): 10.5 m (i) Lot Coverage (maximum): 30% (j) Dwellings Per Lot (maximum): 1 (4) Special Exception Zones RH-1: (Pt. Lots 25, 26 and 27, Concession 1) Matilda Notwithstanding the provisions of Section 5.5 (1) to the contrary, for the lands zoned RH-1, the following only use shall apply: Single Detached Dwelling RH-2 (Pt. Lot 18, Concession 5) Brinston In addition to the permitted uses of Section 5.5 (1) for the lands zoned RH-2, the following uses shall also apply: Bakery Business service Office Personal service Restaurant Wholesale Establishment RH-3 (Pt. Lot 20, Concession 1) Iroquois Notwithstanding the provisions of Section 5.5 (2) to the contrary, for the lands zoned RH-3, the following zone requirements shall apply: Single Detached Dwelling: Lot Area (minimum): 900 m2 Lot Frontage (minimum): 22.5 m Yard Requirements (minimum): Front 6 m Rear 8 m Exterior Side 7 m Interior Side 2 m Building Height (maximum): 9 m Page 88 of 260 Lot Coverage: 15% Floor Area (minimum): 75 m2 Dwellings per Lot (maximum): 1 Semi-Detached Dwelling and Duplex Dwelling: Lot Area (minimum): 900 m2 Lot Frontage (minimum): 22.5 m Yard Requirements (minimum): Front 6 m Rear 8 m Exterior Side 6 m Interior Side 2 m Building Height (maximum): 10.7 m Lot Coverage: 15% Floor Area (minimum): 75 m2 Dwellings per Lot (maximum): 2 RH-4 (Pt. Lot 23, Concession 6) Williamsburg Notwithstanding the provisions of Section 3.15 (a) to the contrary, for the lands zoned RH-4, the following provisions shall apply: Not more than 75 m2 of floor area in one accessory building is to be used as a Home Occupation. RH-5 (Pt. Lot 30, Concession 5) Williamsburg Notwithstanding the provisions of Section 5.5 (1) and (2) to the contrary, for the lands zoned RH-5, the following permitted uses and zone requirement shall apply: Schools and other educational facilities Single Family dwellings Sectional and modular homes Uses accessory to the foregoing Lot Area (minimum): 1650 m2 RH-6 (Pt. Lot 24, Concession 7) Elma In addition to the permitted uses of Section 5.5 (1) for the lands zoned RH-6, the following use shall also apply: Automobile Sales Page 89 of 260 RH-7 (Pt. Lot 26, Concession 3) Williamsburg (Pt. Lot 30, Concession 5) Williamsburg (Pt. Lot 33, Concession 4) Matilda In addition to the permitted uses of Section 5.5 (1) for the lands zoned RH-7, the following uses shall also apply: Agricultural Equipment Automobile Repairs RH-8 (Pt. 32, Concession 8) Winchester Springs In addition to the permitted uses of Section 5.5 (1) for the lands zoned RH-8, the following uses shall also apply: Truck Parking and Servicing including washing as an accessory use to a dwelling RH-9 (Pt. Lots 18 & 32, Concession 8) 12312 County Road 5 In addition to the permitted uses of Section 5.5 (1) for the lands zoned RH-9, the following uses shall also apply: Iron Works as an accessory use RH-10 (Pt. Lots 31 & 32, Concession 8) Winchester Springs In addition to the permitted uses of Section 5.5 (1) for the lands zoned RH-10, the following uses shall also apply: Feed Mill Agricultural Supply Store Vehicle Parking RH-11 (Pt. Lot 31, Concession 3) Glen Becker In addition to the permitted uses of Section 5.5 (1) for the lands zoned RH-11, the following uses shall also apply: Welding fabrication, Equipment Sales and Rental Commercial Garage and associated retail sales Any yard abutting a Residential Zone shall maintain an interior side yard width of 2.4 metres of Landscaped Open Space. RH-12 (Pt. Lot 31, Concession 5) Williamsburg Notwithstanding the provisions of Section 5.5 (2) to the contrary, for the lands zoned RH- 12, the following provision shall apply: Dwellings per Lot (maximum): 5 Page 90 of 260 RH-13 (Pt. Lot 18, Concession 1) Notwithstanding the provisions of Section 5.5 (1) and (2) to the contrary, for the lands zoned RH-13, the following zone requirements shall apply: An apartment dwelling is a permitted use Lot Area (minimum): 5500 m2 Lot Frontage: 60 m Yard Requirements (minimum): Front 30 m Rear 20 m Side 4 m Building Height (maximum): 10 m Lot Coverage (maximum): 30% Floor Area per Dwelling Unit (minimum): 70 m2 RH-14 (Pt. 15, Concession 1) Riverside Heights In addition to the permitted uses of Section 5.5 (1) for the lands zoned RH-14, the following use shall also be permitted: Five (5) Unit Apartment Dwelling 2020-88 That the property located at 12078 Milward Street as indicated by the shaded tone on Schedule 'A' attached hereto and forming part of this By-law is rezoned from "Residential Hamlet Special Exception 14 (RH-14) Zone" to the "Residential Hamlet (RH) Zone". RH-15 (Pt. Lot 36, Concession 1) Mariatown Notwithstanding the provisions of Section 4.4 (1) to the contrary, on the lands zoned RH- 15, the following use shall also apply: Contractor's yard RH-16 (Pt. Lot 37, Concession 1) Martintown Notwithstanding the provisions of Section 3.1 (a) to the contrary, an accessory building may be located 1.0 m from an interior side lot line and rear lot line. RH-17 (Pt. Lot 30, Concession 5) Williamsburg Notwithstanding the provisions of Section 5.5(2) (b) to the contrary, for the lands zoned RH-16, the following zone provisions shall apply: Lot frontage (minimum) 7 m Page 91 of 260 RH-18 (Pt. Lot 19, Concession 1) Matilda Notwithstanding the provisions of Section 3.1 (f), Section 3.15 and Section 5.5 to the contrary, for the lands zoned RH-18, the following uses and zone provisions shall also apply: Home Occupation with a Total Floor Area (max) 160 m2 Home Occupation Legal Sign Size (max) 1.5 m2 Day care as a Home Occupation in accordance with the Day Nurseries Act RH-19 (Pt. Lot Centre Commons, Concession 8) Williamsburg Notwithstanding the provisions of Section 5.5 (3) to the contrary, for the lands zoned RH- 19, the following zone provisions shall apply: Lot Area (min) 2345 m2 Lot Frontage (min) 36 m Building Height (max) 13 m RH-20 (Part Lot 30, Concession 5) Williamsburg Notwithstanding Section 5.5 (3) to the contrary, for the lands zoned RH-20, the building (Church) existing at the date of passing shall have a minimum interior side yard setback of 1 metre and a maximum permitted height of 14 metres. RH-21 (Part Lot 37, Concession 1) Williamsburg Notwithstanding Section 5.5 (2) to the contrary, for the lands zoned RH-21, the minimum required lot area service by a private well and private septic sewage system for a semi- detached dwelling shall be 3,300 metres squared. RH-22 (Part Lot 24, Concession5) Williamsburg Notwithstanding the provisions of Section 5.5 (b) to the contrary, for the lands zoned RH- 22, the minimum lot frontage shall be 17 metres. RH-23 (Part Lot 31, Concession 5) Williamsburg Notwithstanding Section 5.5(1) and (2) to the contrary, for the lands zoned RH-23, an Automotive Commercial Garage and a Small Engine Repair Shop shall also be permitted limited to two vehicles being serviced at one time. The maximum size of an Automotive Commercial Garage, Small Engine Repair Shop or a combination of the two shall be 82 square metres. RH-24 (Part Lot Centre Commons, Concession 5) Matilda Page 92 of 260 Notwithstanding Section 5.5 (1) to the contrary, for the lands zoned RH-24, a commercial garage and a small engine repair shop shall also be permitted. RH-25 (Part Lot 30, Concession 5) Williamsburg Notwithstanding the provisions of Section 5.5 (2) to the contrary, for the lands zoned RH- 25, the minimum required lot area for a lot serviced by municipal water or by municipal sewers only shall be 1,800 m2 Notwithstanding the provisions of Section 5.5 (2) to the contrary, for the lands zoned R- 25, the minimum required lot frontage for a lot serviced by municipal water or by municipal sewers only shall be 20 m. RH-26 (Part Lot 30, Concession 5) Williamsburg Notwithstanding the provisions of Section 5.5 (1) to the contrary, for the lands zoned RH- 26, the following uses shall also be permitted: Office and training Centre for Dundas County Hospice All accessory uses needed to operate the Hospice Notwithstanding the provisions of Section 3.27 to the contrary, for the lands zoned RH- 26, parking available onsite as of the date of passing of this by-law shall be permitted to serve the Hospice office and training functions. RH-28 (12159 County Road 4, Pt Lot 34, Concession 1) Williamsburg Notwithstanding the permitted uses of Section 5.5 (3) for the lands zoned RH-28, the minimum lot area for a lot serviced by private well and private sewage system shall be 1900 m2. Notwithstanding the permitted uses of Section 5.5 (3) for the lands zoned RH-28, the minimum lot frontage for a lot serviced by private well and private sewage system shall be 34 m. RH-29 (4368 County Road 31, Pt Lot 31, Concession 5, Former Williamsburg) Notwithstanding the zone requirements of Section 5.5 (3) for the lands zoned RH-29, the minimum lot frontage for a lot serviced by private well and municipal sanitary sewers shall be 20 m." RH-30 (4326 County Rd 31/Bank Street) Notwithstanding the zone requirements of Section 5.5 (1) and (2) for the lands zoned RH- 16, the following additionally permitted uses and zone requirements shall apply: Antique shop Page 93 of 260 Assembly hall Auction barn Automobile Dealership Automobile Service Station Automobile Store Bake shop Bank Boutique Business Catering Establishment Clinic Commercial Patio Communications Facility Dressmaker Dry Cleaning - Outlet Dry Cleaning - Plant Farmers Market Financial Service Funeral Home/Chapel Garden Centre Gift Shop Home Improvement Centre Hotel Laundromat Motel Office Parking Area and Parking Garage Personal Service Establishment/Shop Pet Shop Private Club Rental Establishment Restaurant Retail Store Service Outlet Shopping Centre Studio (photo, artistic) Tailor Shop Tavern Theatre Tourist Lodging Establishment Transportation Depot Vehicle Sales or Rental Establishment Veterinary Establishment Dwelling Units located above and/or attached to a permitted commercial use, in the same building as the commercial use Existing Residential Uses Lot Area (minimum): 1,050 m² Page 94 of 260 Lot Frontage (minimum): 17 m Front Yard Depth (minimum): 2 m Interior Side Yard Width (minimum): 1 m and 1.5 m RH-31 (11064 HULBERT ROAD, PT CENTRE COMMONS CON 7 BTN LT 18 AND LT 19 MATILDA AS IN MA498, MA13239, AND MA21605; MATILDA) Notwithstanding the provisions of Section 5.5 to the contrary, for the lands zoned RH-31 the following zone requirements shall apply: Lot Area (minimum): 2900 m2 Exterior Side Yard (minimum): 6.0m RH-32 (11052 Gilmour Road, Brinston, PART CENTRE COMMONS, CONCESSION 5, PARTS 1 AND 2 8R-5137, MATILDA) Notwithstanding the provisions of Section 5.5 to the contrary, for the lands zoned RH-32 the following zone requirements shall apply: Lot Area (minimum): 1740 m2 Lot Frontage (minimum): 32m Front Yard (minimum): 4.5m The existing steeple shall be considered a permitted height exemption under Section 3.13 of the By-law (5) Holding Zones (6) Temporary Zones RH-t-1 (Pt. Lot 31, Concession 4, Former Matilda) Notwithstanding the permitted uses of Section 5.1(1) for the lands zoned RH, the following uses shall be permitted as the primary use for three (3) from the date of passing: - Garage Page 95 of 260 5.6 Residential Rural (RR) Zone (1) Permitted Uses: Single detached dwelling (2) Zone Requirements: (a) Lot Area (minimum): 4000 m5 (b) Lot Frontage (minimum): 45 m (c) Front Yard Depth (minimum): 12 m (d) Exterior Side Yard Width (minimum): 12 m (e) Interior Side Yard Width (minimum): 6 m (f) Rear Yard Depth (minimum): 12 m (g) Building Height (maximum): 10.5 m (h) Lot Coverage (maximum): 15% (i) Dwelling Unit Area (minimum): 75 m2 (j) Dwellings per Lot (maximum): 1 (3) Special Exception Zones: RR-1 (Pt. Lot 33, Concession 1) Williamsburg Notwithstanding the provisions of Section 5.6 (2) to the contrary, for the lands zoned RR-1, the following zone requirements shall apply: Lot Area (minimum): 1108 m2 Lot Frontage (minimum): 23 m Yard Requirements (minimum): Front 6 m Rear 6 m Side 2 m Building Height (maximum): Primary 10 m Accessory 4.5 m Page 96 of 260 Lot Coverage (maximum): 25% Floor Area per Dwelling Unit (minimum): 75 m2 Dwelling Units per Lot (maximum): 1 RR-2 (Pt. Lot 13, Concession 1) Williamsburg Notwithstanding the provisions of Section 5.6 (1) and (2) to the contrary, for the lands zoned RR-2, the following permitted uses and zone requirements shall apply: Manufacturing of Boat Tops and Upholstering Business Limited Open Storage Lot Coverage (maximum): 30% Building Height (maximum): Accessory 6.5 m Accessory Building Setbacks (minimum): Rear Yard 45 m Side Yard 5 m (4) Holding Zones (5) Temporary Zones 5.7 Residential Mobile Home (RMH) Zone (1) Permitted Uses: Mobile home Mobile home park Mobile home park management office Accessory dwelling Accessory commercial uses (2) Zone Requirements, Mobile Home Park: (a) Lot Area (minimum): 20,000 m2 (b) Lot Frontage (minimum): 60 m (c) Front Yard Depth (minimum): 10.0 m (d) Exterior Side Yard Width (minimum): 10.0 m (e) Interior Side Yard Width (minimum): 3.0 m Page 97 of 260 (f) Rear Yard Depth (minimum): 7.5 m (g) Building Height (maximum): 5.0 m (h) Lot Coverage for an Accessory Dwelling or Accessory Commercial Use (maximum): 525 m5 (3) Zone Requirements, Mobile Home Site: (a) Site Area (minimum): 465 m5 (b) Site Frontage (minimum): 15 m (c) Front Yard Depth (minimum): 4 m (d) Exterior Side Yard Width (minimum): 7.5 m (e) Interior Side Yard Width (minimum): 3 m (f) Rear Yard Depth (minimum): 2 m (g) Building Height (maximum): 9 m (h) Site Coverage (maximum): 35% (i) Floor Area (minimum): 55 m2 (j) Mobile Homes per Site (maximum): 1 (k) Landscaped Open Space Per Site 33% (4) Special Exception Zones: RMH-1 (Pt. Lots 2 & 3, Concession 1) County Road 2, Morrisburg Park Inc. Notwithstanding the provisions of Section 5.7 (2) & (3) to the contrary, for the lands zoned RMH-1, the following zone requirements shall apply: Mobile Home Park: Lot Area (minimum): 45,000 m2 Lot Frontage (minimum): 60 m Number of Mobile Homes: (maximum) 8 Mobile Home Site: Site Area (minimum) 2100 m2 Site Frontage (minimum) 4 m Yard Requirements (minimum): Page 98 of 260 Front 7 m Rear 3 m Interior Side 2.5 m Mobile Home per Site (maximum): 1 (5) Holding Zones (6) Temporary Zones 5.8 Residential Waterfront (RW) Zone (1) Permitted Uses: Single Detached Dwelling Bed and Breakfast (2) Zone Requirements Lot Area (minimum): 3035 m2 Lot Frontage (minimum): 38 m Yard Requirements (minimum): Front 10 m Rear 10 m Exterior Side 10 m Interior Side 3 m Building Height (maximum): 12 m Lot Coverage (maximum): 15% Floor Area (minimum): 100 m2 Dwellings per Lot (maximum): 1 (3) Special Exceptions RW-1 (Pt. Lot 6, Concession 1) Morrisburg Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW-1, the following zone requirements shall apply: Lot Area (minimum): 2500 m2 Lot Frontage (minimum): 7.5 m Yard Requirements: Front 6 m Rear 6 m Interior Side 1.2 m Page 99 of 260 Notwithstanding the provisions of Section 3.32 (b) Setbacks from Water, the lands zoned RW-1 shall locate all buildings or structures, including a sewage disposal system, with a minimum Water Setback of 11 m. RW-2 (Pt. Lot 6, Concession 1) Morrisburg Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW-2, the following zone requirements shall apply: Lot Frontage (minimum): 30 m Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW-2, the following zone requirements shall apply: As per Ontario Municipal Board Decision/Order No. 1411 (PL040528), no building or structures shall be erected on Part 1 Plan 8R-3121 and furthermore, that no septic systems or tanks be installed on said Part 1 Plan 8R-3121. RW-3 (Pt. Lot 1, Concession 1) Matilda Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW-3, the following zone requirement shall apply: Lot Area (minimum): 2900 m2 RW-4 (Pt. Lot 16, Concession 1) Matilda Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW-4, the following zone requirements shall apply: Lot Area (minimum): 768 m2 Lot Frontage (minimum): 0 m Lot Coverage (maximum): 20% RW-5 (Pt. Lot 16, Concession 1) Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW-5, the following zone requirements shall apply: Lot Area (minimum): 1618 m2 Lot Frontage (minimum): 38 m Yard Requirements (minimum): Front 7.5 m Rear 6 m Interior Side Yard 3 m Lot Coverage (maximum): 20% Page 100 of 260 RW-6 (Pt. Lot 3, Concession 1) Matilda - 11885 Lakeshore Drive Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW-6, the following zone requirements shall apply: Interior Side: 2 m RW-7 (Pt. Lots 14, 15 & 16, Concession 1) Notwithstanding the provisions of Section 5.8 to the contrary, for the lands zoned RW-7 any new single detached dwelling must be subject to an Environmental Impact Study to the satisfaction of the Township prior to the issuance of a building permit. RW-8 (Pt. Lot 12, Concession 1) Matilda Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW- 8, the minimum lot frontage shall be 20 metres. RW-9 (Pt. Lot 1, Concession 1) Matilda Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW- 9, the minimum lot frontage shall be 35 metres. RW-10 (Part Lot 29, Concession 1, Range 1) Matilda Notwithstanding Section 5.8(2) to the contrary, for the lands zoned RW-10, the maximum setback for the rear wall of a dwelling or a well shall be 60 metres from Galop Lane. RW-11 (Part Lot 6, Concession 1) Matilda Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW- 11, the minimum lot frontage shall be 11 metres. RW-12 (Part Lot 6, Concession 1, Part 4 on Plan 8R-184) Matilda Notwithstanding the provisions of Section 5.8 (2) to the contrary for the lands zoned RW- 12, the minimum required lot area shall be 1,900 m2. RW-13 (Pt. Lot 34, Concession 1, Range 1) Matilda Notwithstanding the permitted uses of Section 5.8(1) for the lands zoned RW-13, the following use shall be permitted: Page 101 of 260 An accessory use related to the warehousing of material for online sales which is located within an accessory building. RW-14 (Pt. Lot 6, Concession 1, Parts 1,2,3,4 and 5) Matilda Notwithstanding the provisions of Section 5.8 (2)(b) to the contrary, for the lands zoned RW-14, the minimum lot area shall be 1,850 square metres. RW-15 (Pt. Lot 9, Concession 1) Matilda Notwithstanding the permitted uses of Section 5.8(1) for the lands zoned RW-15, the following uses shall not be permitted: Single Detached Dwelling and Bed and Breakfast. Notwithstanding the permitted uses of Section 5.8(2) for the lands zoned RW-15, the minimum required lot frontage shall be 7 metres. RW-16 (E Pt. lot 35, Concession 1, Range 1) Matilda Notwithstanding the permitted uses of Section 5.8 (1) for the lands zoned RW-16, the following uses shall not be permitted: Single Detached Dwelling and Dwelling accessory to an agricultural use, kennel, or veterinary establishment. RW-17 (E Pt. Lots 35 & 36, Concession 1, Range 1) Matilda Notwithstanding the permitted uses of Section 5.8 (1) for the lands zoned RW-17, the following uses shall not be permitted: Single Detached Dwelling and Bed and Breakfast. Notwithstanding the permitted uses of Section 5.8 (2) for the lands zoned RW-17, the minimum required lot frontage shall be 12 metres. RW-18 (Pt. Lot 10, Concession 1) Matilda Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW- 18, the minimum lot area shall be 1,900 square metres. Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW- 18, the minimum lot frontage shall be 33 metres. RW-19 (Pt. Lot 11, Concession 1) Matilda Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands Zoned RW-19, the minimum lot frontage shall be 26 metres. RW-20 (Pt. Lot 2, Concession 1) Matilda Page 102 of 260 Notwithstanding the provisions of Section 5.8 (2) for the lands zoned RW-20, the minimum lot frontage shall be 30 metres. (4) Holding Zones (5) Temporary Zones 5.9 Residential Estate (RE) Zone (1) Permitted Uses Single detached dwelling (2) Zone Requirements (a) Lot Area (minimum): 8000 m2 (b) Lot Frontage (minimum): 60 m (c) Yard Requirements (minimum): Front 15 m Rear 15 m Exterior Side 15 m Interior Side 6 m (d) Building Height (maximum): 9 m (e) Lot Coverage (maximum): 15% (f) Floor Area (minimum): 130 m2 (g) Dwellings per Lot (maximum): 1 (3) Special Exception Zones (4) Holding Zones (5) Temporary Zones Page 103 of 260 5.10 Additional Provisions for All Residential Zones (1) Distance Between Buildings Where more than one (1) apartment building is erected on the same lot or parcel of land, the distance between buildings shall be not less than the average height of the buildings except that where the buildings are at right angles or at an angle of not less than 700, then the distance between the closest points of the buildings may be reduced to 6.0 m or one-half the average height of the buildings, whichever is greater. (2) Rooming and Boarding Houses Rooming and Boarding Houses shall not have more than four (4) roomers or boarders per dwelling unit. (3) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. Page 104 of 260 SECTION 6 COMMERCIAL ZONES No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Commercial Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 6.1 General Commercial (CG) Zone (1) Permitted Uses: antique shop assembly hall auction barn automobile dealership automobile service station automotive store bake shop bank boutique business catering establishment clinic commercial patio communications facility dressmaker dry cleaning - outlet dry cleaning - plant farmers= market financial service funeral home/chapel garden centre gift shop home improvement centre hotel laundromat motel office parking area or parking garage personal service establishment/shop pet shop place of entertainment printing shop private club rental establishment restaurant retail store service outlet shopping centre studio (photo, artistic) tailor shop Page 105 of 260 tavern theatre tourist lodging establishment transportation depot vehicle sales or rental establishment veterinary establishment dwelling units located above and/or attached to a permitted commercial use, in the same building as the commercial use existing residential uses. That Section 6.1(1) 'General Commercial (CG) Zone' be amended by removing 'business' from the list of permitted uses (2) Zone Requirements: With full municipal services Without full municipal services Lot Area (minimum) Lot Frontage (minimum) Front Yard Depth (minimum) Exterior Side Yard Width (minimum) Interior Side Yard Width (minimum) Rear Yard Depth ( i i ) B ildi 450 m2 15 m 7.5 m 7.5 m 3 m 6.0 m 12.0 m 40% 2000 m2 30 m 7.5 m 7.5 m 3 m provided that when the Interior Side Lot line abuts another lot in a Commercial Zone, no Interior Side Yard will be required. 6.0 m 12.0 m (3) Special Exceptions CG-1 (Pt. Lot 22, Concession 1) Iroquois Notwithstanding the provisions of Section 6.1(1) to the contrary, the only permitted use on lands zoned CG-1 shall be: funeral home/chapel CG-2 (Pt. Lot 19, Concession 6) Brinston Notwithstanding the provisions of Section 6.1(2) to the contrary, for the lands zoned CG-2, the following provisions shall not be permitted: Page 106 of 260 No Building or Open Storage within 3 m of a Lot line (3 m strip shall only be used for Landscaped Open Space). CG-3 (Pt. Lot Common, Concession 5) 4146 County Road 16, Brinston Notwithstanding the provisions of Section 6.1(1) and (2) to the contrary, for the lands zoned CG-3, the following permitted uses and zone requirements shall apply: contractor's yard apartment dwelling Lot Area (minimum) 1600 m2 Lot Frontage (minimum) 20 m Yard Requirements (minimum): Front 2.5 m Maximum Dwellings per Lot: 2 CG-4 (Pt. Lot 30, Concession 5) Williamsburg In addition to the permitted uses of Section 6.1(1) for the lands zoned CG-4, the following uses shall also apply: storage dwelling units to the limit of one (1) for each storage use CG-5 (Pt. Lot 29, Concession 1) Morrisburg Notwithstanding the provisions of Section 6.1(2) to the contrary, for the lands zoned CG-5, the following zone requirements shall apply: no Side Yard required CG-6 (Pt. Lot 31, Concession 1) 12438 County Road 2, Morrisburg In addition to the permitted uses of Section 6.1(1) for the lands zoned CG-6, the following uses shall also apply: take-out and drive-in restaurant CG-7 (Pt. Lot 30, Concession 1) 15 Fifth Street East, Morrisburg In addition to the permitted uses of Section 6.1(1) for the lands zoned CG-7, the following use shall also apply: apartment dwellings CG-8 (Pt. Lot 30, Concession 1) Morrisburg Page 107 of 260 Notwithstanding the provisions of Section 6.1(1) to the contrary, for the lands zoned CG-8, the following only use shall apply: funeral home/chapel CG-9 (Pt. Lot 24, Concession 1) Iroquois Notwithstanding the provisions of Section 6.1(1) and (2) to the contrary, for the lands zoned CG-9, the following permitted uses and zone requirement shall also apply: woodworking shop take-out restaurant an existing row dwelling including up to two accessory apartments with a Side Yard (minimum) 2.9 m CG-10 (Pt. Lot 18 Common, Concession 5 (Brinston) In addition to the permitted uses of Section 6.1(1) for the lands zoned CG-10, the following use shall also apply: contractor's yard CG-11 (Pt. Lot Common, Concession 5) Dixon Corners In addition to the permitted uses of Section 6.1(1) for the lands zoned CG-11, the following use shall also apply: feed mill CG-12 (Pt. Lot 31, Concession 5) Williamsburg In addition to the permitted uses of Section 6.1(1) for the lands zoned CG-12, the following use shall also apply: autobody shop CG-13 (Pt. Lots 25 and 26, Concession 1, Range 1) Matilda Not withstanding the provisions of Section 6.1 (1) to the contrary, for the lands zoned CG-13, the following uses are also permitted: building supply store associated retail and warehousing Page 108 of 260 CG-14 (Pt. Centre Commons Lot, Concession 6) Brinston Notwithstanding the provisions of Section 6.1(1) and (2) to the contrary, for the lands zoned CG-14, the following permitted uses and zone requirement shall also apply: A warehouse shall also be permitted. Notwithstanding the provisions of Section 6.1 (2) to the contrary, a warehouse is permitted to be developed using the following: Front Yard Depth (minimum) 6 m Exterior Side Yard Depth (minimum) 6 m. CG-15 (68 St Lawrence Street - Lot 101, Plan 29, Block 26) Morrisburg Notwithstanding the provisions of Section 6.1(2) to the contrary, for the lands zoned CG- 15, the minimum front yard depth shall be 6 meters, and the minimum exterior side yard width will be 6 meters." CG-16 (4147 Cty Rd 16/Brinston Rd Part Lot 18 Concession 5) Brinston Section 6.1(3) is hereby amended by inserting the following: "CG-16 (PART LOT 18, CONCESSION 5; MATILDA)" In addition to the permitted uses of Section 6.1(1) for the lands zoned CG-16, the following uses shall also apply: mini warehouse storage" (4) Holding Zones CG-1-h (Pt. Lot 25, Concession 1) Iroquois Notwithstanding the provisions of Section 6.1 to the contrary, the following lands will be zoned CG-1-h according to Section 4.4 (Holding Zones) (5) Temporary Zones 6.2 Local Commercial (CL) Zone (1) Permitted Uses: antique shop bake shop convenience store financial services laundromat Page 109 of 260 office personal service shop retail snack bar or coffee shop one dwelling unit situated within the same building as the commercial use. (2) Zone Requirements: With Without full full municipal municipal services services Lot Area (minimum) 450 m2 2000 m2 Lot Frontage (minimum) 15.2 m 45 m Front Yard Depth (minimum) 7.5 m 7.5 m Exterior Side Yard Width (minimum) 7.5 m 7.5 m Interior Side Yard Width (minimum) 3 m 3 m provided that when the Interior Side Lot line abuts another lot in a Commercial Zone, no Interior Side Yard will be required. Rear Yard Depth (minimum) 7.5 m 7.5 m Building Height (maximum) 9 m 9 m Lot Coverage (maximum) 35% 30% (3) Special Exception Zones: CL-1 Notwithstanding the provisions of Section 6.2(1) the lands zoned as General Commercial Exception 1 (CG-1) shall be used only as a funeral home. CL-2 Notwithstanding the provisions of Section 6.2(1) the lands zoned as General Commercial Exception 1 (CG-2) shall be used only as a retail store. Page 110 of 260 CL-3 Notwithstanding the provisions of Section 6.2(1) the lands zoned as General Commercial Exception 1 (CG-3) shall be used only as an office and food bank. CL-4 Notwithstanding the provisions of Section 6.2 (1) the lands zoned as Local Commercial Exception 4 (CL-4) shall be used only as a clinic and office. (4) Holding Zones (5) Temporary Zones 6.3 Highway Commercial (CH) Zone (1) Permitted Uses: automobile dealership automobile service station bake shop car washing establishment catering establishment commercial garage commercial patio communications facility farm equipment dealer farm service business financial services flea market garden centre home improvement centre parking area or parking garage place of entertainment private club rental establishment restaurant service outlet tavern tourist lodging establishment transportation depot Page 111 of 260 vehicle sales or rental establishment veterinary establishment accessory dwelling That Section 6.3(1) 'Highway Commercial' be amended by inserting the following as immediately following 'rental establishment': 'Retail Store' (2) Zone Requirements: With Without full full municipal municipal services services Lot Area (minimum) N/A 4000 m2 Lot Frontage (minimum) 15 m 45 m Front Yard Depth (minimum) 7.5 m 9 m Exterior Side Width (minimum) 7.5 m 9 m Interior Side Width (minimum) 3 m 6 m provided that when the Interior Side Lot line abuts another lot in a Commercial Zone, no Interior Side Yard will be required. Rear Yard Depth (minimum) 7.5 m 9 m Building Height (maximum) 12 m 12 m Lot Coverage (maximum) 40% 30% Page 112 of 260 (3) Special Exception Zones: CH-1 (Pt. Lot 24, Concession 1) 5547 Carman Road, Iroquois In addition to the permitted uses of Section 6.3(1) for the lands zoned CH-1, the following uses shall also apply: Ontario Motor Vehicle Inspection Certificates (OMVIC) Dealer License MTO Motor Vehicle Inspection Station CH-2 (Pt. Lot 31, Concession 2) Glen Becker (Pt. Lot 12, Concession 1) Williamsburg In addition to the permitted uses of Section 6.3(1) for the lands zoned CH-2, the following use shall also apply: single detached dwelling CH-3 (Pt. Lot 31, Concession 5) 4304 County Road, Williamsburg Notwithstanding the provisions of Section 6.3(1) and (2) to the contrary, for the lands zoned CH-3, the following permitted use and zone requirements shall apply: retail stores Yard Requirements (minimum): Front 0.8 m Rear 4.8 m Side 1.35 m CH-4 (Pt. Lot 30, Concession 6) 4084 County Road 31, Williamsburg Notwithstanding the provisions of Section 6.3(1) and (2) to the contrary, for the lands zoned CH-4, the following permitted uses an zone requirements shall apply: single detached dwelling commercial garage Yard Requirements (minimum): Front 8 m Rear 2 m Side 3 m CH-5 (Pt. Lots 23 & 24, Concession 1) Highway 2, Iroquois In addition to the permitted uses of Section 6.3(1) for the lands zoned CH-5, the following permitted uses shall also apply: Page 113 of 260 shopping centre convenience store with associated drive-thru facilities dwelling units located above and/or attached to a permitted commercial or office use in the same building. CH-6 (Pt. Lot 29, Concession 1) Morrisburg In addition to the permitted uses of Section 6.3(1) for the lands zoned CH-6, the following permitted use shall also apply: Ambulance station CH-7 (Pt. Lot 28, Concession 1) Mrorisburg Notwithstanding the provisions of Section 6.3 (1) to the contrary, for the lands zoned CH-7, the following uses are also permitted: the sale of monuments and related products CH-8 (Pt. Lots 10 and 11, Concession 1) Williamsburg Notwithstanding the provisions of Section 6.3 (1) to the contrary, for the lands zoned CH-7, the following uses are also permitted: An amusement park CH-9 (Part of Lot 2, Plan 50, Registered Plan 8R-2441, Part 1) Iroquois Notwithstanding Section 6.3(1) to the contrary, for the lands zoned CH-9, a semi- detached dwelling shall also be permitted in accordance with the development standards set in 5.2 (2). CH-10 Part Lot 24, Concession 1, Range 2) Iroquois Notwithstanding the provisions of Section 6.3 (2) to the contrary, for the lands zoned CH- 10, the minimum required lot area for a lot without municipal services shall be 3,800 m2. CH-11 (Plan 46, Lot 11) Morrisburg Schedule 4 of By-law 2010-48 is hereby amended in accordance with Schedule 'A' attached hereto; This area shown on Schedule 'A' to this By-law shall henceforth be zoned 'Highway Commercial Special Exception 11 (CH-11)'. Section 6.3 (3) is hereby amended by inserting the following after "CH-10 (Pt. Lot 28, Concession 1) Williamsburg": "CH-11 (Plan 46, Lot 11) Williamsburg" Notwithstanding the permitted uses of Section 6.3 (1) for the lands zoned CH-11, the following uses shall not be permitted: o automobile dealership Page 114 of 260 o automobile service station o car washing establishment o commercial garage o farm equipment dealer o transportation depot o communications facility o vehicle sales or rental establishment Notwithstanding the permitted uses of Section 6.3 (1) for the lands zoned CH-11, the following use shall be permitted: o apartment dwelling Notwithstanding the zone requirements of Section 6.3 (2) for the lands zoned CH-11 the minimum required front yard depth with full municipal services from County Road #2 shall be 7.4 m. Notwithstanding the zone requirements of Section 6.3 (2) for the lands zoned CH-11 the maximum building height with full municipal services shall be 15 m." (4) Holding Zones (5) Temporary Zones 6.4 Tourist Commercial (CT) Zone (1) Permitted Uses: boat sales and/or service establishment golf course laundroma t marina outdoor recreational facility park private club restaurant retail store tent and trailer park tourist lodging establishment accessory dwelling (2) (a) Zone Requirements: All uses except a tent and trailer park: Lot Area (minimum) 2000 m5 Lot Frontage (minimum) 30 m Front Yard Depth (minimum) 9 m Page 115 of 260 Exterior Side Width (minimum) 9 m Interior Side Width (minimum) 6 m provided that when the Interior Side line abuts another lot in a Commercial no Interior Side Yard will be required. Rear Yard Depth (minimum) 9 m Building Height (maximum) 12 m Lot Coverage (maximum) 25% (b) Tent and trailer park: Lot Area (minimum) 40 000 m2 Lot Frontage (minimum) 100 m Front Yard Depth (minimum) 9 m Exterior Side Width (minimum) 9 m Interior Side Width (minimum) 9 m provided that when the Interior Side line abuts another lot in a Commercial no Interior Side Yard will be required. Rear Yard Depth (minimum) 9 m Building Height (maximum) 9 m Density (maximum for Trailer Park) 15 campsites per 4,000 m2 Page 116 of 260 (c) Water Frontage (minimum) Any tourist establishment or trailer park with water access must have a minimum water frontage of 75 m, and an additional water frontage of 3 m for each tourist establishment guest room in excess of 30 units. (d) Water Body/Watercourse Setback (minimum) No building or structure except for a boathouse, dock, marina, and related facilities shall be located within 30 m of the high water mark. (3) Special Exception Zones: CT-1 (Pt. Lots 2, and 3, Concession 1) Notwithstanding the provisions of Section 6.4(2) and Section 3.35 to the contrary, for the lands zoned CT-1, the following zoning requirements shall apply: Lot Frontage (minimum) 22 m Deck Area (maximum) 20 m Total Area of all Porches (which shall be enclosed by solid, glass or screen walls) and/or gazebos shall not exceed the floor area of the trailer located on that site or 25 m2 (whichever is less) Porch or Gazebo Height (maximum) 2.75 m Accessory Shed Height (maximum) 2.1 m Tent or Trailer Site Coverage (maximum) 35% For the purpose of this subsection, site coverage shall mean the percentage of the site occupied by all tents, trailers, additions, and any other structures, including decks, porches, gazebos and sheds. CT-2 (Pt. Lot 17, Concession 1) 11128 County Road 2, Iroquois Notwithstanding the provisions of Sections 6.4 (1), 6.4 (2) and 6.6 (4) (c) to the contrary, for the lands zoned CT-2, the following uses and zone requirements shall also apply: Museum as a private commercial interest Interior side for a tent and trailer park (minimum) 6 m CT-3 (Plan 39, BLK C) 2 & 4 Elizabeth Dr Notwithstanding the provisions of Section 6.4(1) to the contrary, for the lands zoned CT-3, the following uses shall also be permitted: Assembly Hall Catering Establishment Clinic Commercial Patio Page 117 of 260 Notwithstanding the provisions of Section 6.4(1) to the contrary, for the lands zoned CT-3, the following uses shall not be permitted: Boat sales and/or service establishment Retail Store Tent and Trailer Park Notwithstanding the provisions of Section 3.6(b) and 3.6(c) to the contrary, for the lands zoned CT-3, the outdoor patio shall be permitted on a lot where the lot line abuts a Residential Zone or residential use, and may be used for commercial entertainment including live music. Notwithstanding the provisions of 6.4(2)(a), the existing height of the church is permitted (4) Holding Zones CT-1-h (Pt. Lots 2 & 3, Concession 1) Matilda Notwithstanding the provisions of Section 6.4(1) to the contrary, for the lands zoned CT- 1-h, the holding symbol will not be removed from these lands until such time as the Municipality is satisfied that any proposed development can be adequately serviced and that all required approvals have been obtained and the existing mobile homes have been removed. (5) Temporary Zones 6.5 Rural Commercial (CR) Zone (1) Permitted Uses: abattoir auction barn bake shop commercial garage commercial greenhouse communications facility custom workshop farm equipment dealer farm produce outlet farm supply centre garden centre laundromat nursery transportation depot veterinary establishment Page 118 of 260 retail accessory to any of the above uses accessory dwelling (2) Zone Requirements: Lot Area (minimum) 4000 m5 Lot Frontage (minimum) 45 m Front Yard Depth (minimum) 12 m Exterior Side Width (minimum) 12 m Interior Side Width (minimum) 6 m Rear Yard Depth (minimum) 12 m Building Height (maximum) 9 m Lot Coverage (maximum) 30% (3) Special Exception Zones: CR-1 (Pt. Lot 2, Concession 5) 4385 Billy Lane, Matilda In addition to the permitted uses of Section 6.5(1) for the lands zoned CR-1, the following uses shall also apply: masonry services fireplace and wood stove sales and services contractor's yard CR-2 (Pt. Lot 2, Concession 5) 4389 Billy Lane, Matilda In addition to the permitted uses of Section 6.5(2) for the lands zoned CR-2, the following uses shall also apply: Wood, pellet and gas stove and fireplace sales and services contractor's yard Yard Requirements (minimum): Interior Side Yard on South Side 7.5 m CR-3 (Pt. Lot 26, Concession 2) 5156 Carman Road, Matilda In addition to the permitted uses of Section 6.5(1) for the lands zoned CR-3, the following uses shall also apply: trophy shop sign shop apparel embroidery business CR-4 (Pt. Lot 21, Concession 3) 10910 Seibert Road, Matilda In addition to the permitted uses of Section 6.5(1) for the lands zoned CR-4, the following uses shall also apply: Page 119 of 260 fertilizer storage warehouse facility chemical fertilizer spreader business CR-5 (Pt. Lot 15, Concession 6) 11225 Henderson Road, Brinston In addition to the permitted uses of Section 6.5(1) for the lands zoned CR-5, the following uses shall also apply: apartment dwellings agricultural sales and service dairy bulk tank supplier business CR-6 (Pt. Lot 2, Concession 5) 11916 County Road 18, Matilda (Pt. Lot 18, Concession 8) Dunbar In addition to the permitted uses of Section 6.5(1) for the lands zoned CR-6, the following use shall also apply: contractor's yard CR-7 (Pt. Lot 24, Concession 4) Matilda In addition to the permitted uses of Section 6.5(1) for the lands zoned CR-7, the following use shall also apply: a steepwater containment structure CR-8 (Pt. Lots 23 & 24, Concession 5) Matilda In addition to the permitted uses of Section 6.5(1) for the lands zoned CR-8, the following uses shall also apply: grain drying facility pet supplies and sales agricultural product sales customized agricultural related product sales- Section 6.5 (3) is hereby amended by repealing the CR-8 Special Exception and by inserting the following: CR-8 (Pt. Lots 23 & 24, Concession 5) Matilda Notwithstanding the provisions of Sections 6.5 (1) and 6.5 (2) to the contrary, for the lands zoned CR-8, the following uses shall also be permitted and zone provision shall apply: Grain drying facility Pet supplies and sales Page 120 of 260 Agricultural product sales Customized agricultural related product sales Interior Side Yard (min) 3 m, for structures existing on the date of passing of this By-law CR-9 (Pt. Lot 20 and 21, Concession 5) Matilda Notwithstanding the provisions of Section 6.5 (1) to the contrary, for the lands zoned CR-9, the following uses are also permitted: office indoor storage recreational and athletic facility assembly hall communications centre health services centre CR-10 (Pt. Lot 19, Concession 7) Williamsburg Notwithstanding the provisions of Section 6.5 (1) and (2) to the contrary, for the lands zoned CR-10-h, only the following uses are permitted: public storage facility recreational vehicle storage training or trade school office for a small business commercial garage custom workshop recreational vehicle wash bay recreational vehicle waste transfer and storage station The (h) symbol on this zoned shall only apply to the recreational vehicle waste transfer and storage station and shall be lifted upon issuance of the required Ministry of the Environment approvals. AMENDED Section 6.5 (3) is amended by deleting the text under "CR-10 (Pt. Lot 19, Concession 7) Williamsburg" and replacing it with the following: "Notwithstanding the permitted uses of Section 6.5 (1) for the lands zoned CR-10, only the following uses shall be permitted: public storage facility, training or trade school, office for a small business, custom workshop ,apartment dwelling" CR-11 (Pt Lot 6, Concession 1, Former Matilda) Notwithstanding the provisions of Section 6.5 (1) for the lands zoned "CR-11", a Mini Warehouse and Storage shall also be permitted. Page 121 of 260 Notwithstanding the provisions for Section 3.27 (a) for the lands zoned "CR-11", the minimum required off street parking spaces shall be seventeen (17). (4) Holding Zones (5) Temporary Zones 6.6 Additional Provisions for Commercial Zones (1) Accessory Dwellings Accessory dwellings shall conform to the requirements of the R1 zone where piped services are available and the RR zone where services are private. (2) Dwelling Units Where dwelling units are permitted on the same lot as CG or CL uses, the following provisions shall apply: (a) pedestrian access to each dwelling unit shall be from an adjacent street and for the sole use of the dwelling unit or units. (b) dwelling unit floor area shall conform to the following minimum standards: Bachelor Unit 45 m2 One Bedroom Unit 55 m2 Two Bedroom Unit 60 m2 More than Two Bedrooms 65 m2 (3) Automobile Service Stations and Commercial Garages Automobile service stations and commercial garages shall also conform to the provisions set out in Section 3.34 of this By-law. (4) Increased Yard Requirements Notwithstanding any other provisions of this By-law to the contrary: (a) Where a General Commercial (CG) Zone abuts a Residential Zone, the Side Yard requirement shall be increased to 4.5 m of which 3 m shall be Landscaped Open Space and the Rear Yard requirement shall be increased to 9 m of which 3 m shall be Landscaped Open Space. (b) Where a Highway Commercial (CH) Zone abuts a Residential Zone, the minimum Side Yard shall be increased to 4.5 m of which 3 m shall be Page 122 of 260 Landscaped Open Space, and the minimum Rear Yard shall be increased to 12 m of which 3 m shall be Landscaped Open Space. (c) Where a Tourist Commercial (CT) Zone abuts a Residential or Institutional Zone, the minimum Interior Side Yard requirement shall be increased to 9 m and the minimum Rear Yard requirement shall be increased to 12 m. In the case of a tent and trailer park, all minimum yard requirements shall be increased to 15 m. Page 123 of 260 (5) Special Provisions for Tourist Lodging Establishments Where the exterior wall of a guest room contains a window, such wall shall be located not closer than 9 m from any Interior Side or Rear Lot line. (6) Open Storage Open storage shall be permitted in accordance with the provisions of Section 3.22 of this By-law. (7) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. Page 124 of 260 SECTION 7 INSTITUTIONAL ZONES No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in an Institutional (I) Zone except in accordance with the provisions of this Section or of any other relevant Sections of this By-law. 7.1 Institutional (I) Zone (1) Permitted Uses: administrative office of a Public Authority cemetery church clinic community centre day nursery electrical supply facility nursing home, including rest homes, retirement homes and homes for the aged park parking area private club public use school accessory dwelling house accessory dwelling unit (2) Zone Requirements: With full Without full municipal municipal services services Page 125 of 260 (a) Lot Area (minimum) 450 m5 2000 m5 (b) Lot Frontage (minimum) 15 m 30 m (c) Front Yard Depth (minimum) 7.5 m 7.5 m (d) Exterior Side Width (minimum) 7.5 m 7.5 m (e) Interior Side Width (minimum) 3 m 3 m (f) Rear Yard Depth (minimum) 7.5 m 7.5 m (g) Building Height (maximum) 12 m 12 m (h) Lot Coverage (maximum) 40% 30% (i) Landscaped Open Space (minimum) 30% 50% (j) Dwelling Houses or Dwelling Units 1 per Lot (maximum) (3) Special Exception Zones: (Reserved) I-1 (Pt. Lot 30, Concession 5) Williamsburg Notwithstanding the provisions of Section 7.1 (2) to the contrary, for the lands zoned I-1, the following zone provisions shall apply: Lot frontage (minimum) 29 m Yard requirement Interior side (minimum) 1 m Notwithstanding the provisions of Section 3.27 to the contrary, the required parking for the existing church shall be in accordance with the existing conditions on the date of the Comprehensive Zoning By-law for the Township, consisting of approximately 930 m2 of parking area. I-2 (Pt Lot 30, Concession 2 - 10404 Haddo Rd) Matilda Notwithstanding the permitted uses of Section 7.1(1) for the lands zoned I-2, the following uses shall be permitted: Single Detached Dwelling Page 126 of 260 Notwithstanding the zone requirements of Section 7.1 (2) for the lands zoned I-2, the minimum exterior side yard setback shall be 4.5 metres (4) Holding Zones (5) Temporary Zones 7.2 Additional Provisions for Institutional Zones (1) Accessory Dwelling Units The following provisions shall apply to accessory dwelling units: A minimum of 20 m2 of Open Space shall be provided for the exclusive use of each dwelling unit. Such Open Space shall not be used for the parking of vehicles, or as a required pedestrian access. Pedestrian access to each dwelling unit shall be from an adjacent street and for the sole use of the dwelling unit. (2) Accessory Dwellings Accessory dwellings shall conform to the requirements of the R1 Zone where piped services are available and the RR Zone where services are private. (3) Cemeteries Cemeteries shall not be governed by the foregoing standards but shall conform to the Cemeteries Act. (4) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. Page 127 of 260 SECTION 8 INDUSTRIAL ZONES No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in an Industrial Zone except in accordance with the provisions of this Section and of any other relevant Section of this By-law. 8.1 Light Industrial (M1) Zone (1) Permitted Uses: automobile dealership automobile service station car washing establishment catering establishment Class I - light industrial uses commercial garage communications equipment sales and service contractor's yard factory outlet financial services gasoline retail facility greenhouse home display and sales outlet laboratory mini warehouse and storage office printing establishment public use recycling depot rental establishment research facility restaurant service outlet transportation depot vehicle sales, service and storage establishment veterinary establishment warehouse wholesale establishment "Light Industrial (M1) Zone" the following uses shall also be permitted: a. Cannabis Processing Facility Page 128 of 260 (2) Zone Requirements: Lot Area (minimum) 4000 m2 Lot Frontage (minimum) 45 m Front Yard Depth (minimum) 12 m Exterior Side Width (minimum) 12 m Interior Side Width (minimum) 6 m Rear Yard Depth (minimum) 12 m Building Height (maximum) 15 m Lot Coverage (maximum): 50% (3) Special Exception Zones: M1-1 (Pt. Lot 8, Concession 1) Matilda In addition to the permitted uses of Section 8.1(1) for the lands zoned M1-1, the following use shall also apply: open storage of salt The following uses are strictly prohibited on lands zoned M1-1: storage, processing, shipping and/or receiving of PCBs. M1-2 (Pt. Lot 8, Concession 1) Matilda Notwithstanding the permitted uses of Section 8.1(1) to the contrary, for the lands zoned M1-2, the following provision shall be applied: No building or structure shall be erected. M1-3 (Pt. Lot 22, Concession 2) Matilda In addition to the permitted uses of Section 8.1(1) for the lands zoned M1-3, the following uses shall also apply: accessory dwelling or an accessory dwelling unit commercial garage equipment rental or storage establishment transportation depot vehicle sales, service and storage M1-4 (Pt. Lot 28, Concession 3) Matilda In addition to the permitted uses of Section 8.1 (1), for the lands zoned M1-4, the following uses shall also apply: heavy equipment bucket manufacturing sales service ironworks Page 129 of 260 M1-5 Reserved for future use M1-6 (Pt. Lot 30, Concession 2) Matilda In addition to the permitted uses of Section 8.1(1) for the lands zoned M1-6, the following use shall also apply: contractor's yard with heavy equipment M1-7 (Pt. Lot 24, Concession 1) Iroquois Notwithstanding the provisions of Section 8.1(1) to the contrary, for the lands zoned M1- 7, only the following uses shall apply: all existing uses M1-8 (8 JOHN STREET RCP 97; LOT 2, PART OF LOT 3 PART OF 24 AND 26 DUNDAS STREET; RCP 97 PART LOTS 10 AND 11 (FORMER GEOGRAPHIC VILLAGE OF IROQUOIS), Notwithstanding the requirements of Section 8.5 (2) to the contrary, for the lands zoned M1-8, the following provision shall be applied: No additional setback shall be required from the M1-8 zone to the adjacent Institutional zone. (4) Holding Zones M1-h (Pt. Lots 28, 29 & 30, Concession 1) Morrisburg Notwithstanding the provisions of Section 8.2 to the contrary, the following lands will be zoned M1-h according to Section 4.4 (Holding Zone). (5) Temporary Zones 8.2 General Industrial (M2) Zone (1) Permitted Uses: automobile body shop automobile service station bakery building contractor=s shop or yard building supply centre car washing establishment catering establishment Page 130 of 260 Class II - medium industrial uses commercial garage commercial greenhouse communications equipment sales and service component assembly plant compressed gas sales and service custom workshop equipment rental or storage establishment factory outlet fuel storage establishment gasoline retail facility greenhouse home display and sales outlet laboratory landscaping business machine and metal working shop mini warehouse and storage office/retail outlet accessory for a specified use printing establishment processing plant public use railway maintenance yard recycling depot rental establishment research facility restaurant service outlet transportation depot vehicle sales, service and storage establishment veterinary establishment warehouse wholesale establishment In addition to the uses permitted in Section 8.2 "General Industrial (M2) Zone" the following uses shall also be permitted: a. Cannabis Processing Facility (2) Zone Requirements: Lot Area (minimum) 1000 m2 Lot Frontage (minimum) 45 m Front Yard Depth (minimum) 12 m Exterior Side Width (minimum) 12 m Interior Side Width (minimum) 6 m Rear Yard Depth (minimum) 12 m Building Height (maximum) 15 m Lot Coverage (maximum) 50% Page 131 of 260 (3) Special Exception Zones: M2-1 (Pt. Lot 24, Concession 1) Iroquois Notwithstanding the provisions of Section 8.2(2) to the contrary, for the lands zoned M2-1, the following zone requirements shall apply: Lot Area (minimum) 7,600 m Lot Frontage (minimum) 41 m Yard Requirements (minimum) Front 15 m Rear 15 m Side 3.6 m Building Height (maximum) 7 m Lot coverage (maximum) 30% M2-2 (Pt. Lot 24, Concession 1) Iroquois Notwithstanding the provisions of Section 8.2(1) to the contrary, for the lands zoned M2-2, the following uses shall not be permitted: feed or flour mill fuel storage facility grain elevator kennel municipal service garage M2-3 (Pt. Lots 26 & 27, Concession 1) Williamsburg In addition to the permitted uses of Section 8.2 (1) for the lands zoned M2-3, the following uses shall also apply: Heavy equipment training centre Educational facility Residence for students banquet and convention centre canteen M2-4 (Pt. Lot 29, Concession 1) Morrisburg In addition to the permitted uses of Section 8.2(1) for the lands zoned M2-4, the following uses shall also apply: golf driving range and accessory uses M2-5 (Pt. Lot 29, Concession 1) Morrisburg In addition to the permitted uses of Section 8.2(1) for the lands zoned M2-5, the following uses shall also apply: car and/or truck wash Page 132 of 260 accessory apartment for a caretaker within a Permitted Industrial Use That Section 8.2(3) General Industrial Special Exception 5 (M2-5) Zone be amended by removing 'Morrisburg' and replacing with the following: Northwest side of Van Allen Road and Laurier Drive intersection That a 2m interior side yard setback be applied to the subject property. M2-6 (Pt. Lots 21, 22, Concession 1) Iroquois In addition to the permitted uses of Section 8.2(1) for the lands zoned M2-6, the following uses shall also apply: bio-solids and sludge facility and storage M2-7 (Wetland Adjacent Lands) Notwithstanding the provisions of Section 8.2 to the contrary, for the lands zoned M2-7, any use existing on the date of passing of this By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. Any new development must be subject to an Environmental Impact Study to the satisfaction of the Township prior to the issuance of a building permit. M2-8 (ANSI Lands) Notwithstanding the provisions of Section 8.2 to the contrary, for the lands zoned M2-8, any use existing on the date of passing of this By-law is permitted, including any new addition and/or necessary structures that conform to the provisions of this By-law. The conditional approval of any new development will be subject to a submission of an Environmental Impact Assessment that demonstrates that the proposed development would have no negative impacts on the natural features or on ecological functions for which the area is defined. M2-9 Reserve for Future Use M2-10 (Pt. Lot 19, Concession 5) Dixon Corners In addition to the permitted uses of Section 8.2(1) for the lands zoned M2-10, the following use shall also apply: a single family dwelling as an accessory use (4) Holding Zones Page 133 of 260 (5) Temporary Zones 8.3 Public Utilities Industrial (M3) Zone (1) Permitted Uses: public use (2) Zone Requirements: Lot Area (minimum) 1000 m2 Lot Frontage (minimum) 45 m Front Yard Depth (minimum) 12 m Exterior Side Width (minimum) 12 m Interior Side Width (minimum) 6 m Rear Yard Depth (minimum) 12 m Building Height (maximum) 15 m Lot Coverage (maximum) 50% (3) Special Exception Zones: (Reserved) (4) Holding Zones (5) Temporary Zones 8.4 Rural Industrial (MR) Zone (1) Permitted Uses: abattoir auction barn brick making plant butcher shop cedar oil production/extraction commercial greenhouse concrete batching and mixing plant custom workshop farm equipment dealer feed and seed dealer fertilizer plant Page 134 of 260 fuel storage tank/supply yard greenhouse livestock sales establishment lumber yard manufacturing industry meat packing establishment recycling depot sawmill tile drainage operation transportation depot well-drilling establishment woodworking establishment (2) Zone Requirements: Lot Area (minimum) 4000 m2 Lot Frontage (minimum) 45 m Front Yard Depth (minimum) 15 m Exterior Side Width (minimum) 15 m Interior Side Width (minimum) 12 m Rear Yard Depth (minimum) 15 m Building Height (maximum) 12 m Lot Coverage (maximum) 20% (3) Special Exception Zones: MR-1 Reserved for Future Use MR-2 (Pt. Lot 30, Concession 4) 4475 County Road 31, Williamsburg In addition to the permitted uses of Section 8.4(1) for the lands zoned MR-2, the following uses shall also apply: automobile sales mini storage utilizing shipping containers MR-3 (Pt. Lot 9, Concession 4) Williamsburg Notwithstanding the provisions of Section 8.4 (1) to the contrary, for the lands zoned MR-3, the following uses are also permitted. retail store warehousing storage Page 135 of 260 MR-4 (Pt. Lot 31, Concession 6) Matilda In addition to the permitted uses of Section 8.4 (1), for the lands zoned MR-4, the following uses shall also be permitted: smokehouse retail accessory to the abattoir, smokehouse and butchery single detached dwelling (4) Holding MR-5-h (5090 County Road 31/Bank Street, Glen Becker Part of Lot 31, Concession 2, Part 9-12, 8R-435) Section 8.4 (4) is hereby amended by inserting the following: "MR-5-h (5090 County Road 31/Bank Street, Glen Becker Part of Lot 31, Concession 2, Part 9-12, 8R-435, Williamsburg) Notwithstanding the provisions of Section 8.4 to the contrary, for the lands zoned MR-5-h the following zone requirements shall apply: a) A minimum setback of 7.0 m shall be required from any part of a principal building or structure from the edge of the TransCanada pipeline right-of-way. b) A minimum setback of 3.0 m shall be required from any part of an accessory building or accessory structure from the edge of the TransCanada pipeline right- of-way. c) A minimum setback of 7.0 m from the nearest portion of a TransCanada pipeline right-of-way shall also apply to any parking area or loading area, including any parking spaces, loading spaces, stacking spaces, bicycle parking spaces, and any associated aisle or driveway. In accordance with Section 4.4, the holding symbol will not be removed from these lands until such time as the Municipality has entered into a site plan control agreement." (5) Temporary Page 136 of 260 8.5 Additional Provisions for Industrial Zones (1) Automobile Service Stations and Commercial Garages Automobile service stations and commercial garages shall also conform to the provisions set out in Section 3.34 of this By-law. (2) Increased Yard Requirements Where all Industrial Zones abut any Residential or Institutional Zone, the minimum Yard requirement for any yard so abutting shall be increased to 15 m. (3) Special Provision Adjacent to Railways Where a lot line or part of a lot line in an Industrial Zone abuts a railway right-of- way, no minimum Yard shall be required on the portion so abutting provided that any building is in accordance with the sight distances set out in Section 3.29. (4) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. Page 137 of 260 SECTION 9 OPEN SPACE ZONES No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in an Open Space (OS) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 9.1 Open Space (OS) Zone (1) Permitted Uses: campground cemetery conservation use fairground golf course open space outdoor recreational facility park private club public park, including public washroom and/or changeroom (2) Zone Requirements: No building or structure shall be located or erected closer than 6 m to any Lot Line and the maximum Lot Coverage shall not exceed 25%. No minimum Area, Frontage or Yards shall be required for any lot provided that no buildings or active recreational facilities are located thereon. Notwithstanding the above, no person shall hereafter erect a dwelling below the 75.5 m contour G.S.C. elevation. (3) Special Exception Zones: OS-1 (Pt. Lot 21, Concession 1) Iroquois In addition to the permitted uses of Section 9.1(1) for the lands zoned OS-1, the following use shall also apply: home occupation (five bedroom bed and breakfast) OS-2 (Pt. Lot 21, Concession 5) Williamsburg In addition to the permitted uses of Section 9.1(1) for the lands zoned OS-2, the following uses shall also apply: golf driving range and similar uses use accessory to the foregoing single detached dwelling Page 138 of 260 OS-3 (Pt. Lot 21, Concession 1) Iroquois In addition to the permitted uses of Section 9.1(1) for the lands zoned OS-3, the following uses shall also apply: museum accessory apartments OS-4 (Wetland Adjacent Lands) Notwithstanding the provisions of Section 9.1 to the contrary, for the lands zoned OS-4, any use existing on the date of passing of this By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. Any new development must be subject to an Environmental Impact Study to the satisfaction of the Township prior to the issuance of a building permit. OS-5 (ANSI Adjacent Lands) Notwithstanding the provisions of Section 9.1 to the contrary, for the lands zoned OS-5, any use existing on the date of passing of this By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. The conditional approval of any building and/or structures will be subject to a submission of an Environmental Impact Assessment demonstrating that the proposed development would have no negative impacts on the natural features or on ecological functions for which the area is defined. OS-6 (Pt. Lot 25, Range 1) Iroquois Notwithstanding the provisions of Section 9.1 (1) to the contrary, for the lands zoned OS-6, the following uses are also permitted: laundromat single detached dwelling OS-7 (Pt. Lot 25, range 1) Iroquois Notwithstanding the provisions of Section 9.1 (1) to the contrary, for the lands zoned OS-7, the following uses are also permitted: restaurant retail store (4) Holding Zones (5) Temporary Zones Page 139 of 260 9.2 Additional Provisions for Open Space Zones (1) Other General Provisions: Other general provisions shall be in accordance with Section 3 of this By-law. Page 140 of 260 SECTION 10 AGRICULTURAL ZONES 10.1 Agricultural (A) Zone (1) Permitted Uses: abattoir agricultural use cemetery communications facility conservation use farm equipment dealer farm produce outlet farm produce storage feed mill forestry use grain drying facility intensive livestock operation kennel livestock sales barn and/or assembly points maple sugar operation nursery sawmill tile drainage operation veterinary establishment wayside pit or wayside quarry dwelling accessory to an existing agricultural use dwelling accessory to a kennel or veterinary establishment mobile home only as a secondary dwelling to an agricultural use existing dwelling single detached dwelling accessory uses to the foregoing By-law 2020-88 That Sub-section 10.1 (1) be amended by adding Hobby Farm as a permitted use immediately following grain drying facility. (2) (a) Zone Requirements: Lot Area (minimum): Agricultural use Conservation use, forestry use Other non-residential uses Single detached dwelling 300,000 m2 100,000 m2 10 000 m2 (b) Lot Frontage (minimum): Agricultural use 200 m Conservation use, forestry use 150 m Other non-residential uses 60 m Single detached dwelling 45 m Page 141 of 260 (c) Front Yard Depth (minimum): Agricultural use, conservation use, forestry use Other non-residential uses Single detached dwelling 15 m 12 m 15 m (d) Exterior Side Yard Width (minimum): Agricultural use, conservation use, forestry use 15 m Other non-residential uses Single detached dwelling 12 m 15 m (e) Interior Side Yard Width (minimum): Agricultural use, conservation use, forestry use 9 m Other Non-Residential Uses Single detached dwelling 12 m 6 m (f) Rear Yard Depth (minimum): Agricultural use, conservation use, forestry use 15 m Other Non-Residential Uses Single detached dwelling 12 m 15 m (g) Lot coverage (maximum): Single 15% Other uses 30% (h) Building Height (maximum): Single 10.5 m Other uses 15 m (3) Special Exception Zones: A-1 (Pt. Lots 27 & 28, Concession 2) 5108 Carman Road, Matilda In addition to the permitted uses of Section 10.1(1) for the lands zoned A-1, the following use shall also apply: Bio-solid and sludge storage facility A-2 (Pt. Lot 33, Concession 6) 10316 Sandy Creek Road, Matilda (Pt. Lot 19, Concession 6) 3851 County Road 7, Williamsburg In addition to the permitted uses of Section 10.1(1) for the lands zoned A-2, the following use shall also apply: automotive body shop Page 142 of 260 A-3 (Pt. Lot 6, Concession 3) Matilda In addition to the permitted uses of Section 10.1(1) for the lands zoned A-3, the following uses shall also apply: restauran t retail store specialty food store wholesale establishment A-4 (Pt. Lot 20, Concession 6) Brinston Notwithstanding the provisions of Sections 10.1(1) and (2) to the contrary, for the lands zoned A-4, the following permitted use and zoning requirements shall apply: barns for the storage of hay and similar agricultural products Lot Area (minimum): 15,000 m2 Lot Frontage (minimum): 46 m Yard Requirements (minimum): Front 60 m Rear 6 m Interior Side 6 m Agricultural uses on lands zoned A-4 shall include a minimum 3 m landscaped buffer between the subject property and any property where the lot is developed for residential purposes. Section 10.1 (3) Exception A-4 is hereby amended by inserting the following: "Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-4, the storage of vehicles and recreational vehicles shall also be permitted." A-5 (Pt. Lot 13, Concession 5) Matilda Notwithstanding the provisions of Section 10.1(2) to the contrary, for the lands zoned A-5, the following zone requirements shall apply: Lot Area (minimum): 6,700 m2 Lot Frontage (minimum): 0 m A-6 (Pt. Lots 33 & 34, Concession 3) Matilda Notwithstanding the provisions of Sections 10.1 (1) and 10.1 (2) to the contrary, for the lands zoned A-6, the following provisions shall apply: In addition to the permitted uses of Section 10.1 (1), the following uses shall also be permitted: Page 143 of 260 winery Notwithstanding the provisions of Section 10.1 (2) to the contrary, the following shall apply: Lot Area (minimum): 250,000 m2 Lot Frontage (minimum): 76 m No building, structure or septic system, including weeping tiles, shall be located within 15 m of the high water mark for the pond. In addition to the parking required by Section 3.27 (a), the following shall also apply: Parking Provisions: 1 space per employee for winery use 1 space per 20 m2 of gross floor area for each accessory use Notwithstanding any other provisions of this By-law to the contrary, the lands zoned as A-6 shall be considered as one lot for zoning purposes. A-7 (Pt. Lot 9, Concession 1) 11550 County Road 2, Matilda In addition to the permitted uses of Section 10.1(1) for the lands zoned A-7, the following use shall also be permitted: single detached dwelling retail Section 10.1 (3) Exception A-7 is hereby amended by deleting the following: "retail" Section 10.1 (3) Exception A-7 is hereby amended by inserting the following: "Accessory Apartment Notwithstanding the provisions of Section 3.2 (g) to the contrary, for the lands zoned A- 7, the minimum floor area for an accessory apartment shall be 89 square metres and the dwelling unit area of the said accessory apartment shall not exceed 36% of the total floor area of the building." A-8 (Surplus Farm Lots) Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-8, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use By-law 2021-XX(11669 County Rd 18) This By-law would change the retained parcel from Agricultural to Agricultural Special Exception 8 (A-8). Page 144 of 260 That Section 10.2(3) Agriculture Special Exception 8 (A-8) Zone be amended by inserting the following immediately below 'Mobile home as a secondary dwelling to an agricultural use': All Surplus Farm lots which have been created through the consent process will be acknowledged through this zone, regardless of zone provision compliance for lot area, lot frontage and existing buildings, structures and uses. That the following Agriculture Special Exceptions zones be re-zoned to A-8 on the appropriate schedules, and remaining Agriculture Special Exception zones be shown as "For Future Use": - A-39 -A-59 - A-43 -A-60 - A-44 -A-65 - A-47 -A-66 - A-49 -A-67 - A-50 -A-68 - A-52 -A-70 - A-53 -A-71 - A-55 -A-73 - A-57 -A-74 A-9 (Pt. Lot 28, Concession 6) Pleasant Valley In addition to the permitted uses of Section 10.1(1) for the lands zoned A-9, the following use shall also apply: rural home based industry A-10 (Pt. Lot 31, Concession 3) 4720 Carman Road, Matilda In addition to the permitted uses of Section 10.1(1) for the lands zoned A-10, the following use shall also apply: welding/fabrication shop and ironworks sale business A-11 (Pt. Lot 31, Concession 2) 10392 Haddo Road, Matilda In addition to the permitted uses of Section 10.1(1) for the lands zoned A-11, the following use shall also apply: drywall and insulation contracting and sales business A-12 (Pt. Lot 26, Concession 8) 10625 and 10667 Pleasant Valley Road, Matilda In addition to the permitted uses of Section 10.1(1) for the lands zoned A-12, the following use shall also apply: Accessory apartment Page 145 of 260 A-13 Reserved for future use A-13 (Pt. Lots 23 & 24, Concession 5) Matilda Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-13, the following zone provisions shall apply: Lot Frontage (min) 15 m A-14 (Pt. Lot 14, Concession 3) 11317 Rowena Road, Matilda In addition to the permitted uses of Section 10.1(1) for the lands zoned A-14, the following uses shall also apply: bus depot service, sales and repair garage auto service station transportation depot recreational vehicles sales and service contractor's yard A-15 Reserved for future use A-15 (Pt. Lot 24, Concession 5) Matilda Notwithstanding the provisions of Section 10.1 (2) (a), (b) and (e) to the contrary, for the lands zoned A-15, the following zone provision shall also apply: Lot Area (min) 51 900 m2 Lot Frontage (min) 138 m Interior Side Yard (min) 3 m, for structures existing on the date of passing of this By-law A-16 (Pt. Lot 3, Concession 4) 11867 Norgaard Road, Matilda In addition to the permitted uses of Section 10.1(1) for the lands zoned A-16, the following use shall also apply: Contractor's yard and home renovations business A-17 (Pt. Lot 37, Concession 5) 4215 Caughnawage Road, Williamsburg In addition to the permitted uses of Section 10.1(1) for the lands zoned A-17, the following use shall also apply: an automotive, bus, truck, racecar transmission specialist repairs business A-18 (Pt. Lot Common, Concession 6) Matilda In addition to the permitted uses of Section 10.1(1) for the lands zoned A-18, the following uses shall also apply: a trucking yard, heavy equipment and Contractor's yard Page 146 of 260 A-19 (Pt. Lot 31, Concession 4) 4606 County Road 31, Williamsburg In addition to the permitted uses of Section 10.1(1) for the lands zoned A-19, the following use shall also apply: HVAC contracting sales and service business A-20 (Pt. Lot 30, Concession 4) 4475 County Road 31, Williamsburg In addition to the permitted uses of Section 10.1(1) for the lands zoned A-20, the following uses shall also apply: Contractor's yard with heavy equipment, truck and trailer service A-21 (Pt. Lot 31, Concession 8) 3500 County Road 31, Williamsburg In addition to the permitted uses of Section 10.1(1) for the lands zoned A-21, the following uses shall also apply: transportation truck terminal and trucking yard A-22 (Pt. Common Lot, Concession 3) Matilda In addition to the permitted uses of Section 10.1(1) for the lands zoned A-22, the following use shall also apply: automotive repair shop That Section 10.1(3) Agriculture Special Exception 22 (A-22) Zone be amended by insert the following below 'auto repair shop': Notwithstanding the zone requirements for Section 10.1 (2) for the lands zoned A-22, the minimum front yard depth shall be 8m. A-23 (Pt. Lot 21, Concession 6) 12856 Loucks Road, Williamsburg In addition to the permitted uses of Section 10.1(1) for the lands zoned A-23, the following use shall also apply: a sign contractor's yard with bucket trucks That Section 10.1(3) Agriculture Special Exception 23 (A-23) Zone be amended by removing 'Loucks Road' and replacing it with 'Young Road' A-24 (Pt. Lot 30, Concession 2) Glen Becker In addition to the permitted uses of Section 10.1(1) for the lands zoned A-24, the following use shall also apply: billboard sign as an accessory use Page 147 of 260 A-25 (Pt. Lot 29, Concession 7) Williamsburg In addition to the permitted uses of Section 10.1(1) for the lands zoned A-25, the following uses shall also apply: cabinet making shop residence dwelling A-26 (Pt. Lot 27, Concession 6) Matilda (Pt. Lot 13, Concession 4) Matilda (Pt. Lot 11, Concession 8) Williamsburg (Pt. Lot 15, Concession 7) Williamsburg (Pt. Lot 31, Concession 6) Williamsburg In addition to the permitted uses of Section 10.1(1) for the lands zoned A-26, the following uses shall also apply: contractor's yard single detached dwelling A-27 (Pt. Lot 32, Concession 6) Matilda In addition to the permitted uses of Section 10.1(1) for the lands zoned A-27, the following use shall also apply: semi-detached dwelling and/or duplex dwelling A-28 (Mineral Aggregate Reserve Adjacent Lands) Notwithstanding the provisions of Section 10.1(1) to the contrary, for the lands zoned A-28, the following uses shall also apply: conservation use existing dwellings and dwellings on lots created by consent forestry management or woodlands wayside pit and wayside quarry passive outdoor recreational use, excluding buildings and golf courses The conditional approval of any new development will be subject to a submission of studies that demonstrate that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. A-29 (Wetland Adjacent Lands) Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-29, any use existing on the date of passing of this By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. Any new development must be subject to an Environmental Impact Study to the satisfaction of the Township prior to the issuance of a building permit. Page 148 of 260 A-30 (Pt. Lot 19, Concession 3) Matilda In addition to the permitted uses of Section 10.1(1) for the lands zoned A-30, the following use shall also apply: a second existing dwelling or any existing dwellings A-31 (Pit (MAP) Adjacent Lands) Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-31, any use existing on the date of passing of this By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. The conditional approval of any new development will be subject to a submission of studies demonstrating that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. A-32 (Quarry (MAQ) Adjacent Lands) Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-32, any use existing on the date of passing of this By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. The conditional approval of any new development will be subject to a submission of studies demonstrating that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. A-33 (Waste Management (WM) Adjacent Lands) Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-33, any use existing on the date of passing of this By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. The conditional approval of any new development will be subject to hydrogeological and other studies to the satisfaction of the Township that demonstrate: the proposed development would not preclude or hinder Waste Management operations; and evaluate the presence and impact of any adverse effects or risks to health and safety. A-34 Pt. Lot 31, Concession 6, Williamsburg (3948 Highway 31) Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-34, the following uses shall also be permitted: - retail sales of green products such as high efficiency heating, cooling equipment, renewable energy products such as wind turbines, and sale of environmentally sensitive vehicles such as scooter and electric vehicles Page 149 of 260 A-35 (Pt. Lot 22, Concession 6) Williamsburg Notwithstanding the provisions of Section 10.1 (2) to the contrary, for the lands Zoned A-35, the following zone requirements shall apply: Front Yard Depth 11 m A-36 (W Pt. Lot 29, Concession 8) Matilda Notwithstanding the provisions of Section 10.1 (2) to the contrary, for the lands zoned A- 36, the minimum interior side lot line for the west side of the existing dwelling shall be 2.4 metres. A-37 (W Pt. Lot 29, Concession 8) Matilda Notwithstanding the provisions of Section 10.1 and 10.2 to the contrary, for the lands zoned A-37, the minimum lot frontage shall be 34 metres and the following uses are not permitted: Single Detached Dwelling Dwelling Accessory to an agricultural use, kennel or vetrinary A-38 (Pt. W ½ Lot 28, Concession 8) Matilda Notwithstanding the provisions of Section 10.1 (2) to the contrary, for the lands zoned A- 38, the minimum lot frontage shall be 16 metres. A-39 (Lot 34, Concession 2) Matilda - changed to A-8(By-law 2021-78) Notwithstanding the provisions of Section 10.1 (1) for the lands zoned A-39, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use; Single detached dwelling; Dwelling unit accessory to an agricultural use; kennel or veterinary establishment; Mobile home as a secondary dwelling to an agricultural use. Notwithstanding the provisions of Section 10.1 (2) to the contrary, for the lands zoned A- 39, the minimum required lot area for an Agricultural use shall be 270,000 square metres. A-40 (West Part Lot 24, Concession 6) Williamsburg Notwithstanding Section 10.1(1) and (2) to the contrary, for the lands zoned A-40, a second single detached dwelling of a maximum of 93 square metres in size shall be permitted as it exists at the date of passing of this by-law. The permission of the second dwelling is contingent on no further severance of the property being granted. A-41 (N Pt. Lots 25 & 26, Concession 4) Matilda Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-41, the minimum lot frontage for an Agricultural use shall be 192 metres. Page 150 of 260 A-42 (Pt. Lot 23, Concession 3) Matilda Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-42, the minimum lot frontage for an Agricultural use shall be 81 metres. A-43 (Pt. Lot 23, Concession 3) Matilda changed to A-8(By-law 2021-78) Notwithstanding the permitted uses of Section 10.1 (1) for the lands zoned A-43, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use; Single detached dwelling; Dwelling unit accessory to an agricultural use, kennel or veterinary establishment; Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-43, the minimum lot area for an Agricultural use shall be 170,000 square metres. Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-43, the minimum lot frontage for an Agricultural use shall be 70 metres." A-44 (Pt. Lot 30, Concession 2) Williamsburg changed to A-8(By-law 2021-78) Notwithstanding the permitted uses of Section 10.1 (1) for the lands zoned A-44, the following uses shall also be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-44, the minimum lot frontage for an Agricultural use shall be 120 metres A-45 (E. Pt. Lot 10, Concession 8) Williamsburg Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-45, the minimum lot area for an Agricultural use shall be 27,000m2. Notwithstanding the provisions of Section 10.1(2) (b) to the contrary, for the lands zoned A-45, the minimum lot frontage for an Agricultural use shall be 80 metres. A-46 (Pt. Lots 33 & 34, Concession 7) Williamsburg Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-46, the following uses shall not be permitted: Page 151 of 260 Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1(2) (b) to the contrary, for the lands zoned A-46, the minimum lot frontage for an Agricultural use shall be 12 metres. Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A- 46, the conditional approval of any new development within 500 metres of a Mineral Aggregate - Quarry (MAQ) Zone will be subject to a submission of studies demonstrating that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. A-47 (W. Pt Lot 5, Concession 8) Williamsburg changed to A-8(By-law 2021-78) Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-47, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Notwithstanding the provisions of Section 10.1 (2)(b) to the contrary, for the lands zoned A-47, the minimum lot frontage for an Agricultural use shall be 18 metres. A-48 (W. Pt Lot 11, Concession 8) Williamsburg Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-48, the following uses shall also be permitted: Accessory Apartment Notwithstanding the provisions of Section 3.1(g) to the contrary, for the lands zoned A- 48, an accessory apartment shall not exceed 40% of the total floor area of the building. A-49 (W Pt. Lot 19, Concession 5) Matilda changed to A-8(By-law 2021-78) Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-49, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Page 152 of 260 Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-49, the minimum lot frontage for an Agricultural use shall be 110 metres. A-50 (W Pt. Lot 19, Concession 5) Matilda changed to A-8(By-law 2021-78) Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-50, the minimum lot frontage for a dingle detached dwelling shall be 36 metres. A-51 (Pt of Lots 29 & 30, Concession 2) Williamsburg Notwithstanding the provisions of Section 10.1(1) to the contrary, for the lands zoned A- 51, the following uses shall also be permitted: Winery In addition to the parking required by Section 3.27 (a), the following shall also apply: Parking Provisions: 1 space per employee for winery use 1 space per 20 m2 of gross floor area for each accessory use Notwithstanding any other provisions of this By-law to the contrary, the lands zoned as A-51 shall be considered as one lot for zoning purposes. A-52 (Pt E ½ Lot 36, Concession 5) Williamsburg changed to A-8(By-law 2021-78) Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-52, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2)(a) to the contrary, for the lands zoned A-52, the minimum lot area for an Agricultural use shall be 160,000 square metres. Notwithstanding the provisions of Section 10.1 (2)(b) to the contrary, for the lands zoned A-52, the minimum lot frontage for an Agricultural use shall be 50 metres. A-53 (N. Pt. Lots 22,23 & 24, Concession 5) changed to A-8(By-law 2021-78) Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-53, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Page 153 of 260 Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-53, an Agricultural use shall be permitted. A-54 (Lot 4, Concession 2) Matilda Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-54, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-54, the minimum lot frontage for an Agricultural use shall be 28 metres. A-55 (Lots 7 & 8, Concession 7) Matilda changed to A-8(By-law 2021-78) Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-55, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-55, the minimum lot frontage for an Agricultural use shall be 55 meters. A-56 (Lots 7 & 8, Concession 7) Matilda Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-56, the minimum lot frontage for an Agricultural use shall be 117,000 m2. Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-56, the minimum lot frontage for an Agricultural use shall be 170 meters." A-57 (Lot 26, Concession 6) Williamsburg changed to A-8(By-law 2021-78) Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-57, the following uses shall not be permitted: Page 154 of 260 Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-57, the minimum lot area for an agricultural use shall be 140,000 meters squared." A-58 (Lot 26, Concession 6) Williamsburg Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-58, the minimum lot area for an Agricultural use shall be 30,000 meters squared. Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-58, the minimum lot frontage for an Agricultural use shall be 120 meters. A-59 (W Pt Lot 8, Concession 6) Matilda changed to A-8(By-law 2021-78) Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-59, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-59, the minimum lot area for an agricultural use shall be 95,000 meters squared. Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-59, the minimum lot frontage for an agricultural use shall be 80 meters. A-60 (Pt Lot 4, Concession 4) Matilda changed to A-8(By-law 2021-78) Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-60, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-60, the minimum lot area for an Agricultural use shall be 117,000 metres squared. Page 155 of 260 A-61 - ON HOLD A-62 (Part Lot 7, Concession 8) Williamsburg Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-62, the following uses shall not be permitted: - Dwelling accessory to an existing agricultural use - Single detached dwelling - Dwelling unit accessory to an agricultural use, kennel or veterinary establishment - Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1(1) to the contrary, for the lands zoned A-62, the following uses shall also apply: - conservation use - forestry management or woodlands - wayside pit and wayside quarry - passive outdoor recreational use, excluding buildings and golf courses The conditional approval of any new development will be subject to a submission of studies that demonstrate that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. A-63 (Parts Lots 36 and 37, Concession 4) Matilda Notwithstanding the zone requirements of Section 10.1 (2) for the lands zoned A-63, the minimum lot area for an agricultural use shall be 18,000 square metres. A-64 (Parts Lots 36 and 37, Concession 4) Matilda Notwithstanding the zone requirements of Section 10.1 (2) for the lands zoned A-64, the minimum lot area for an agricultural use shall be 18,000 square metres and the minimum lot frontage shall be 130 metres. A-65 (Part Lot 7, Concession 3) Matilda changed to A-8(By-law 2021-78) Notwithstanding the provisions of Section 10.1(2) for the lands zoned A-65, the minimum lot frontage for a single detached dwelling shall be 8 metres. A-66 (12675 Garlough Rd, Part Lot 25, Concession 6) Williamsburg changed to A- 8(By-law 2021-78) Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-66, the following uses shall not be permitted: Page 156 of 260 Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1(1) to the contrary, for the lands zoned A- 66, the following uses shall also apply: conservation use forestry management or woodlands wayside pit and wayside quarry passive outdoor recreational use, excluding buildings and golf courses The conditional approval of any new development will be subject to a submission of studies that demonstrate that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. Notwithstanding the zone requirements of Section 10.1 (3) for the lands zoned A-66: the minimum required lot frontage shall be 183 metres; and the minimum required lot area shall be 212,000 sq. metres A-67(3464 Brooks Rd, West Part Lot 20, Concession 8) Williamsburg changed to A- 8(By-law 2021-78) Section 10.1 (3) is hereby amended by inserting the following: "A-67 (West Part Lot 20, Concession 8) Williamsburg" Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-67, the following uses shall not be permitted: *Dwelling accessory to an existing agricultural use *Single detached dwelling *Dwelling unit accessory to an agricultural use, kennel or veterinary establishment *Mobile home as a secondary dwelling to an agricultural use Notwithstanding the zone requirements of Section 10.1 (2) (a) for the lands zoned A-67, the minimum required lot area shall be 215,000 sq. metres. A-68(12264 Strader Rd, North Part Lot 33, Concession 2) Williamsburg changed to A-8(By-law 2021-78) Section 10.1 (3) is hereby amended by inserting the following: A-68 (North Part Lot 33, Concession 2) Williamsburg" Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-68, the following uses shall not be permitted: *Dwelling accessory to an existing agricultural use *Single detached dwelling *Dwelling unit accessory to an agricultural use, kennel or veterinary establishment *Mobile home as a secondary dwelling to an agricultural use Notwithstanding the zone requirements of Section 10.1 (2) for the lands zoned A-68, the minimum required lot area shall be 250,000 sq. metres. Page 157 of 260 A-69(3464 Brooks Rd, West Part Lot 20, Concession 8) Williamsburg Section 10.1 (3) is hereby amended by inserting the following: "A-69 (West Part Lot 20, Concession 8) Williamsburg" Notwithstanding the zone requirements of Section 10.1 (2) (b) for the lands zoned A-69, the minimum required lot frontage for a single detached dwelling shall be 13 metres. A-70(3523 Coons Rd, Part Lots 8 and 9, Concession 7)Matilda changed to A-8(By- law 2021-78) Section 10.1 (3) is hereby amended by inserting the following: "A-70 (Pt. Lot 8 and 9, Concession 7,) Williamsburg" Notwithstanding the zone requirements of Section 10.1 (2) (b) for the lands zoned A-70, the minimum required lot frontage for a single detached dwelling shall be 8 metres. A-71(12574 Barkley Rd, West Part Lot 26, Concession 7) Williamsburg changed to A-8(By-law 2021-78) "A-71 (W PT LT 26 CON 7 Williamsburg)" Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the zone requirements of Section 10.1 (2) (a) for the lands zoned A-71, the minimum required lot area for an agricultural use shall be 196,968 m² (42 acres) A-72(12574 Barkley Rd, West Part Lot 26, Concession 7) Williamsburg "A-72 (W PT LT 26 CON 7 Williamsburg)" Notwithstanding the zone requirements of Section 10.1 (2) (a) and (c) for the lands zoned A-72, the minimum required lot area of a single detached dwelling shall be 3,358 m² (0.83 acres) and the minimum front yard depth shall be 10 m (32.8 ft) A-73(4766 County Rd 16/Brinston Rd, Con 3 Lot C COM PT Lot 18 & 19) Matilda changed to A-8(By-law 2021-78) "A-73 (CON 3 LOT C COM PT LOT 18 AND 19; MATILDA)" Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-73, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the zone requirements of Section 10.1 (2) for the lands zoned A-73, the minimum required lot area for an agricultural use shall be 64,749 m² (16 acres) and the minimum lot frontage shall be 140m (459ft). Page 158 of 260 A-74(4766 County Rd 16/Brinston Rd, Con 3 Lot C COM PT Lot 18 & 19) Matilda changed to A-8(By-law 2021-78) "A-74 (CON 3 LOT C COM PT LOT 18 AND 19; MATILDA)" Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-74, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the zone requirements of Section 10.1 (2) for the lands zoned A- 74, the minimum required lot area for an agricultural use shall be 206,360 m² (51 acres) and the minimum lot frontage shall be 80m (262.4ft). A-75 ( Chess Road, Part Lot 33, Concession 4, Being Part 1 8R-3692) Section 10.1 (3) is hereby amended by inserting the following: "A-75 (PART LOT 33, CONCESSION 4, BEING PART 1, 8R-3692; MATILDA)" Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-73, the following uses shall not be permitted: Notwithstanding the provisions of Section 10.1 and 3.1 to the contrary, for the lands zoned A-75, any use existing on the date of passing of this By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. An accessory building of 300 square metres may also be permitted prior to construction of the main dwelling. The conditional approval of any new development will be subject to a submission of studies demonstrating that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. A-76 (Bell Rd/Henderson Rd Part lot 15 & 16, Concession 5) Section 5.5 (4) is hereby amended by inserting the following: "A-76 (PART OF LOT 15 & 16, CONCESSION 5; MATILDA)" Notwithstanding the provisions of Section 10.2 to the contrary, for the lands zoned A-76 the following zone requirements shall apply: Lot Area (minimum): 76,000 m2" Page 159 of 260 A-77/A-79 (11249, 11303 & 11313 Snowbird Rd) Section 10.1 (3) is hereby amended by inserting the following: "A-77 (Pt. Lot 13-18, Concession 8) 11249 Snowbird Rd; Matilda) Notwithstanding the provisions of Section 10.1 (2) to the contrary, for the lands zoned A-77, the following zone requirement shall apply: Lot Frontage (minimum): Single detached dwelling: 25 m A-79 (Pt Lot 13-18, Concession 8) 11303 & 11313 Snowbird Rd; Matilda) Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-79 the following uses are not permitted: No new and/or additional dwellings." A-78 (Vacant Land - County Road 31/Bank St Part Lot 30, Concession 7) Section 10.1(3) is hereby amended by inserting the following: "A-78 (COUNTY ROAD 31/BANK STREET, PART OF LOT 30, CONCESSION 7; WILLIAMSBURG)" Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-78 the following uses shall not be permitted: dwelling accessory to an existing agricultural use dwelling accessory to a kennel or veterinary establishment mobile home only as a secondary dwelling to an agricultural use existing dwelling single detached dwelling The conditional approval of any new development will be subject to a submission of studies demonstrating that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. A-80 (12243 Saving Street Part of lot 33, Concession 7) Section 10.1 (3) is hereby amended by inserting the following: Page 160 of 260 "A-80 (12243 Saving Street Part of lot 33, Concession 7, Former Township of Williamsburg) Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-80 the following zone requirements shall apply: Lot Frontage (minimum): 30m" A-81 (Vacant Land on Rowena Road - Part of 14, Concession 3, being Part 1, 8R- 4202) Section 10.1 (3) is hereby amended by inserting the following: "A-81 Vacant Land on Rowena Road Part of 14, Concession 3, being Part 1, 8R-4202, former Township of Matilda Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-81 all residential uses shall be prohibited, and the following zone requirements shall apply: Lot Area (minimum): 8.2 hectares Lot Frontage (minimum): 60m" A-82 (11699 Toye Hill Road Part of Lot 6, Concession 7) "A-82 (PART OF LOT 6, CONCESSION 7, MATILDA) Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-82 the following uses shall not be permitted: dwelling accessory to an existing agricultural use dwelling accessory to a kennel or veterinary establishment mobile home only as a secondary dwelling to an agricultural use existing dwelling single detached dwelling Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-82, the following zone requirements shall apply: Lot Area (minimum): 178,000m2." A-83 (10093 Sandy Creek Road Part of Lot 36 East and 37, Concession 6) "A-83 (PART OF LOT 36 EAST AND LOT 37, CONCESSION 6, MATILDA) Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-83 the following uses shall not be permitted: Page 161 of 260 dwelling accessory to an existing agricultural use dwelling accessory to a kennel or veterinary establishment mobile home only as a secondary dwelling to an agricultural use existing dwelling single detached dwelling Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-83, the following zone requirements shall apply: Lot Area (minimum): 137,000m2." 4) Holding Zones (5) Temporary Zones A-t-1 (Pt. Lot 26, Concession 8, Matilda (Pleasant Valley Road) Notwithstanding the uses permitted in Section 10.1 (1) on lands zoned Agriculture - temporary - 1 (A-t-1), the following use will also be permitted: Recreational vehicle as a second dwelling on the lands described below, and on Schedule 'A' to this By-law, for a period of up to three (3) years from the date of the Comprehensive Zoning By-law for the Township coming into effect. 10.2 Additional Provisions for Agricultural Zones (1) Dwellings or mobile homes per lot (maximum): 1 only Provided that where an existing farm has more than one owner, in which case each owner may have an accessory dwelling house on the lot, plus one accessory dwelling or accessory mobile home for a person engaged full-time in the agriculture operation. (2) Intensive Livestock Operations: New and/or expansions to existing intensive livestock operations shall be in accordance with the provision of Section 3.16 of this By-law. (3) Farm Building and Manure Storage Location: No building or structure which is used to house animals or fowl, no feed lot area and no manure storage area shall be permitted within a Minimum Distance Separation as determined by the MDS II formula but in no case, shall be closer than 15 m to any lot line. (4) Cemeteries: Cemeteries shall conform to the requirements of the Cemeteries Act. Page 162 of 260 (5) Wayside Pit or Wayside Quarry: The requirements of the Aggregates Resources Act shall apply to any Wayside Pit or Wayside Quarry. (6) Other General Provisions: Other General Provisions shall be in accordance with the provisions of Section 3 hereof. Page 163 of 260 SECTION 11 RURAL ZONES No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Rural (RU) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. 11.1 Rural (RU) Zone (1) Permitted Uses: agricultural use cemetery church conservation use farm produce outlet forestry use golf course hobby farm intensive livestock operation kennel mobile home only as a secondary dwelling on a farm outdoor recreation facility single detached dwelling veterinary establishment wayside pit or wayside quarry dwelling accessory to an agricultural use, kennel, or veterinary establishment hobby farm accessory to a single dwelling (2) Zone Requirements: (a) Agricultural use, Conservation use, Forestry use, Hobby Farm use and Kennel use, in accordance with the provisions of the Agricultural Zone. (b) Other Non-Residential Uses: Lot Area (minimum) 10,000 m2 Lot Frontage (minimum) 60 m Front Yard Depth (minimum) 15 m Rear Yard Depth (minimum) 15 m Exterior Side Yard Width (minimum) 15 m Interior Side Yard Width (minimum) 15 m Building Height (maximum) 9 m Lot Coverage (maximum) 10% (c) Single detached dwelling: Lot Area (minimum) 4000 m5 Lot Frontage (minimum) 45 m Front Yard Depth (minimum) 10 m Rear Yard Depth (minimum) 10 m Page 164 of 260 Exterior Side Width (minimum) 10 m Interior Side Width (minimum) 3 m Building Height (maximum) 9 m Lot Coverage (maximum) 10% Dwellings Per Lot (maximum) 1 That Section 11.1(2)(c) is being amended to increase the Lot Coverage for a single detached dwelling to 20% (3) Special Exception Zones: RU-1 Notwithstanding the provisions of Section 11.1(2) to the contrary, for the lands zoned RU-1, the following provisions shall apply: A minimum of 20 parking spaces (in accordance with the Parking Requirements of Section 3.27) A buffer strip of at least 15 m in width and composed of bush and trees shall be maintained along the northerly and southerly boundaries of the parcel. The buffer shall be clearly defined and shall not be used as the Recreational Game Area. RU-2 (Pt. Lot 37, Concession 1) Matilda In addition to the permitted uses of Section 11.1(1) for the lands zoned RU-2, the following use shall also apply: single detached dwelling RU-3 (Pt. Lot 37, Concession 1) Matilda In addition to the permitted uses of Section 11.1(1) for the lands zoned RU-3, the following use shall also apply: duplex dwelling RU-4 (Pt. Lot 7, Concession 1) Matilda In addition to the permitted uses of Section 11.1(1) for the lands zoned RU-4, the following uses shall also apply to the single detached dwelling: a snowmobile sales and service outlet a boat and automobile repair shop RU-5 (Pt. Lot 24, Concession 7) Matilda Notwithstanding the provisions of Section 11.1(2) to the contrary, for the lands zoned RU-5, the following provisions shall apply: Page 165 of 260 Yard Requirements (minimum): Interior Side 2.8 m RU-6 (Pt. Lot 27, Concession 1) Matilda Notwithstanding the provisions of Sections 11.1(1) and (2) to the contrary, for the lands zoned RU-6, the following use and zone requirements shall apply: an accessory apartment Maximum dwellings per lot: 1 dwelling and 1 accessory apartment RU-7 (Pt. Lots 17 and 18, Concession 1) Matilda Notwithstanding the provisions of Section 11.1 to the contrary, on lands zoned RU-7, the following zone provisions shall apply: Lot Area (minimum): 3800 m2 Lot Frontage (minimum) 42 m Rear Yard Setback: 15 m Exterior Side Yard: 12 m RU-8 (Pt. Lot 31, Concession 6) 3944 Carman Road, Matilda In addition to the permitted uses of Section 11.1(1) for the lands zoned RU-8, the following uses shall also apply: an abattoir and accessory retail a custom meat cutting, wrapping, sales and smokehouse business RU-9 (Pt. Lot 12, Concession 1) Williamsburg In addition to the permitted uses of Section 11.1(1) for the lands zoned RU-9, the following use shall also apply: a single family dwelling with two accessory apartments RU-10 (Pt. Lot 28, Concession 8) Williamsburg (Pt. Lot 25, Concession 1) Iroquois (Pt. Lot 24, Concession 1) Iroquois In addition to the permitted uses of Section 11.1(1) for the lands zoned RU-10, the following use shall also apply: bus depot, sales and service business RU-11 (Pt. Lot 15, Concession 7) Williamsburg Notwithstanding the provisions of Sections 11.1(1) and (2) to the contrary, for the lands zoned Page 166 of 260 RU-11, the following permitted uses and zone requirements shall apply: market and nursery gardens retail gardening business Lot Area (minimum): 10,500 m2 Lot Frontage (minimum): 21 m RU-12 (Pt. Lot 15, Concession 5) Williamsburg Notwithstanding the provisions of Section 11.1 (1) and (2) to the contrary, for the lands zoned RU-12, the following uses and zone provisions shall apply: Kennel Retail accessory to a kennel Lot Area (minimum) 4 ha Lot Frontage (minimum) 200 m Front Yard Depth (minimum) 15 m Permitted Location of Dog Runs: Restricted to locations in a side yard, rear yard or interior yard abutting a side or rear yard Minimum Separation Areas: No building or structure or portion thereof used for kennel purposes may be located closer to any residential use building on another lot than: (i) 190 m for a kennel with more than four dog runs, or (ii) 150 m for a kennel with four or fewer dog runs. Despite the above, the minimum separation area between kennel building and structures and residential use buildings on another lot may be reduced to 75 m in the case of a kennel with more than four dog runs, provided that noise attenuation measures are introduced to mitigate the noise level of all indoor and outdoor kennel facilities so that they do not become a nuisance to surrounding dwellings. RU-13 (Pt. Lot 4, Concession 2) 5016 Archer Road, Williamsburg Notwithstanding the provisions of Section 11.1(1) to the contrary, for the lands zoned RU-13, the following permitted uses shall apply: a bus depot a service, sales and automotive body shop service garage RU-14 (Pt. Lot 17, Concession 2) 5085 County Road 18, Williamsburg Notwithstanding the provisions of Section 11.1(1) to the contrary, for the lands zoned RU-14, the following permitted uses shall apply: a contractor's yard with heavy equipment topsoil and gravel sales Page 167 of 260 RU-15 (Pt. Lot 4, Concession 7) 4000 Salmon Road, Williamsburg Notwithstanding the provisions of Section 11.1(1) to the contrary, for the lands zoned RU-15, the following permitted uses shall apply: a contractor's yard with heavy equipment truck and trailer service RU-16 (Pt. Lot 9, Concession 1) 13460 Nudell Bush Road, Williamsburg Notwithstanding any provisions of Sections 11.1(1) and 11.1(2) to he contrary, on the lands identified as RU-16, the following permitted uses and provisions shall apply: storage open Storage Shipping Container Storage, in accordance with the following provisions: (a) That the definition of "shipping container" shall mean: "means an article of transportation equipment, including one that is carried on a chassis, that is strong enough to be suitable for repeated use and is designed to facilitate the transportation of goods by one or more means of transportation and includes, but is not limited to, intermodal shipping containers, body of transport trailer or straight truck box" but does not include a motor vehicle. (b) The use of a shipping container shall only be permitted in the RU-16 Zone; as an accessory use to a permitted use. (c) Unless stated elsewhere in this by-law the number of shipping containers permitted accessory to a permitted use in an RU-16 Zone for storage shall not exceed ten (10) shipping containers. (d) A shipping container shall not exceed a height of 3 m and a total length of 18 m, and when used for storage purposes on this site, the containers shall not be vertically stacked. (e) In the RU-16 Zone, a shipping container shall be located in the rear yard and a minimum distance of 30 m from any street line. (f) A shipping container shall be screened from view from the street and abutting properties zoned Residential, Institutional or Rural. (g) A shipping container shall not be located in a required parking area and in no case shall encroach into a required landscape buffer. RU-17 (Pt. Lot 3, Concession 4) Notwithstanding the provisions of Section 11.1(1) to the contrary, for the lands zoned RU-17, the use of these lands for a stone quarry shall be permitted providing: the quarry does not interfere with a provincially significant wetland designation; Page 168 of 260 an Environmental Impact Statement is conducted for a quarry proposal; and an appropriate Aggregate Resources Act License has been granted, for the proposed quarry operation, by the Ministry of Natural Resources. RU-18 (Pt. Lot 13, Concession 5) Williamsburg In addition to the permitted uses of Section 11.1(1) for the lands zoned RU-18, the following use shall also apply: Sawmill and sales RU-19 (Pt. Lot 29, Concession 8) Pleasant Valley In addition to the permitted uses of Section 11.1(1) for the lands zoned RU-19, the following use shall also apply: cabinet making business with maximum of 5 employees total 434 m2 (including extension) residence also on property RU-20 (Mineral Aggregate Reserve Adjacent Lands) Notwithstanding the provisions of Section 11.1(1) to the contrary, for the lands zoned RU-20, any use existing on the date of passing of the By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. The conditional approval of any new developments will be subject to a submission of studies that demonstrate that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. RU-21 (Pt. Lot 30, Concession 8) Matilda (Pt. Lot 36, Concession 8) Matilda In addition to the permitted uses of Section 11.1(1) for the lands zoned RU-21, the following use shall also apply: contractor's yard RU-22 (Wetland Adjacent Lands) Notwithstanding the provisions of Section 11.1(1) to the contrary, for the lands zoned RU-22, any use existing on the date of passing of the By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. The conditional approval of any new developments will be subject to an Environmental Impact Study to the satisfaction of the Township prior to the issuance of a building permit Page 169 of 260 RU-23 (ANSI Lands) Notwithstanding the provisions of Section 11.1(1) to the contrary, for the lands zoned RU-23, any use existing on the date of passing of the By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. The conditional approval of any new developments will be subject to submission of an Environmental Impact Assessment that demonstrates that the proposed development would have no negative impacts on the natural features or on ecological functions for which the area is defined. RU-24 (Pt. Common Lot, Concession 1) Matilda Notwithstanding the provisions of Sections 3.32 and 11.2 (c) exterior side yard, to the contrary, the exterior side yard for lands zoned RU-24 shall be a minimum of 3 m (exterior deemed to be County Road 2). RU-25 (Quarry (MAQ) Adjacent Lands) Notwithstanding the provisions of Section 11.1(1) to the contrary, for the lands zoned RU-25, any use existing on the date of passing of the By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. The conditional approval of any new developments will be subject to submission of studies that demonstrate that the proposed development would not preclude or hinder access to the resource, the expansions or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. RU-26 (Pit (MAP) Adjacent Lands) Notwithstanding the provisions of Section 11.1(1) to the contrary, for the lands zoned RU-26, any use existing on the date of passing of the By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. The conditional approval of any new developments will be subject to submission of studies that demonstrate that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. RU-27 (Waste Management (WM) Adjacent Lands) Notwithstanding the provisions of Section 11.1(1) to the contrary, for the lands zoned RU-27, any use existing on the date of passing of the By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. The conditional approval of any new developments will be subject to hydrogeological and other studies to the satisfaction of the Township, demonstrating that the proposed development would not preclude or hinder Waste Management operations and evaluate the presence and impact of any adverse effect or risks to health and safety. Page 170 of 260 RU-28 (Pt. Lot 1, Concession 1) Matilda Notwithstanding the provisions of Section 11.1 (2) to the contrary, for the lands zoned RU-28, the minimum lot area for a single detached dwelling shall be 3,035 square metres and the minimum lot frontage shall be 35 metres. RU-29 (Part Lot 18 & 19, Concession 1) Matilda Notwithstanding Section 11.1(2) to the contrary, for the lands zoned RU-29, the minimum required lot frontage shall be 38 metres. RU-30 (W Part Lot 32, Concession 1, Range 1) Matilda Notwithstanding Section 11.1 (3) to the contrary, for the lands zoned RU-30, a service and repair shop for generators shall also be permitted as it existed on the date of passing of this by-law and subject to the site having a current Ministry of the Environment Approval. RU-31 (Pt. Lot 9, Concession 1) Matilda Notwithstanding the permitted uses of Section 11.1(1) for the lands zoned RU-31, the following uses shall not be permitted: Single Detached Dwelling and Dwelling accessory to an agricultural use, kennel, or veterinary establishment. RU-32 (W. Pt. Lot 14, Concession 5) Williamsburg Notwithstanding the provisions of Section 11.1(1) to the contrary, for the lands zoned RU-32, any use existing on the date of passing of the By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. Prior to approval of any new development an Environmental Impact Assessment shall be completed that demonstrates that the proposed development would have no negative impacts on the natural features or on ecological functions for which the area is defined. Notwithstanding the provisions of Section 11.1(2)(a) and 10.1(2)(b) to the contrary, for the lands zoned RU-32, the minimum lot frontage for an agricultural use shall be 9 metres. RU-33 (E Pt. Lot 35, Concession 1 Range 1) Matilda Notwithstanding the permitted uses of Section 11.1 (1) for the lands zoned RU-33, the following use shall not be permitted: Single Detached Dwelling and Dwelling accessory to an agricultural use, kennel, or veterinary establishment. Page 171 of 260 RU-34 (E Pt. Lot 35, Concession 1 Range 1) Matilda Notwithstanding the provisions of Section 11.1 (1) to the contrary, for the lands zoned RU-34, any use existing on the date of passing of the By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By- law. The conditional approval of any new developments will be subject to a submission of studies that demonstrate that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. Notwithstanding the permitted uses of Section 11.1 (1) for the lands zoned RU-34, the following uses shall not be permitted: Single Detached Dwelling and Dwelling accessory to an agricultural use, kennel, or veterinary establishment. RU-35 (E Pt. Lots 35 & 36, Concession1, Range 1) Matilda Notwithstanding the permitted uses of Section 11.1 (1) for the lands zoned RU-35, the following uses shall not be permitted: Single Detached Dwelling and Dwelling accessory to an agricultural use, kennel, or veterinary establishment. Notwithstanding the permitted uses of Section 11.1 (2) (a) for the lands zoned RU-35, the minimum required lot frontage shall be 12 metres. RU-36 (E Pt. Lots 35 & 36, Concession 1, Range 1) Matilda Notwithstanding the provisions of Section 11.1 (1) to the contrary, for the lands zoned RU-36, any use existing on the date of passing of the By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By- law. The conditional approval of any new developments will be subject to a submission of studies that demonstrate that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. Notwithstanding the permitted uses of Section 11.1 (1) for the lands zoned RU-36, the following uses shall not be permitted: Single Detached Dwelling and Dwelling accessory to an agricultural use, kennel, or veterinary establishment. Notwithstanding the permitted uses of Section 11.1 (2) (a) for the lands zoned RU-36, the minimum required lot frontage shall be 12 metres. RU-37 (Pt. Lots 22 & 23, Concession 2) Matilda Notwithstanding the permitted uses of Section 11.1 (1) for the lands zoned RU-37, the following use shall not be permitted: Page 172 of 260 Single Detached Dwelling Dwelling accessory to an agricultural use, kennel, or veterinary establishment Notwithstanding the permitted uses of Section 11.1 (2) (a) for the lands zoned RU-37, the minimum required lot area shall be 240,000 metres squared. Notwithstanding the permitted uses of Section 11.1 (2) (a) for the lands zoned RU-37, the minimum required lot frontage shall be 7 metres. RU-38 (Pt. Lots 28, Concession 1, Range 1) Matilda Notwithstanding the permitted uses of Section 11.1 (1) for the lands zoned RU-38, the following use shall not be permitted: - Single detached dwelling - Dwelling accessory to an agricultural use, kennel, or veterinary establishment - Mobile home only as a secondary dwelling on a farm Notwithstanding the zone requirements of Section 11.1 (2) (b) for the lands zoned RU- 38: - the minimum required lot area shall be 7,000 m2 - the minimum required lot frontage shall be 35 m RU-39 (10279 County Rd 2, Pt Lot 33, Concession1) Matilda Notwithstanding the zone requirements of Section 10.1 (2) for the lands zoned RU-39: o the minimum required lot frontage for a single detached dwelling shall be 30 metres; o the minimum required lot area for a single detached dwelling shall be 2460 sq. metres; o the minimum required exterior side width for a single detached dwelling shall be 5 metres; and, the minimum required interior side width for a single detached dwelling shall be 2.5 metres. RU-40 (Part Lot 1, Concession 1) Matilda Notwithstanding the permitted uses of Section 11.1(1) for the lands zoned RU-40, the following uses shall be permitted: Open Storage Notwithstanding the zone requirements of Section 11.1 (2) for the lands zoned RU-40 the following provisions shall apply: Page 173 of 260 Lot Area (minimum) 5,095 m² Lot Frontage (minimum) 48 m Rear Yard Depth (minimum) 5 m Interior Side Yard Depth (minimum) 5 m A strip of Landscaped Open Space that is a minimum width of 3 metres along the rear yard and northerly interior side yard. Solid visual screening with a minimum height of 1.5 metres shall be provided along the front yard, rear yard and northerly interior side yard. Any combination of plant materials, landscaped berms or fencing may be used. (4) Holding Zones RU-h (1) (County Road 2, Part of Lot 11, Concession 1) Matilda Notwithstanding the provisions of Section 11.1 to the contrary, for the lands zoned RU-h (1) the following uses shall not be permitted unless a plan of subdivision has been registered on the lands: dwelling accessory to an existing agricultural use dwelling accessory to an agricultural use, kennel or veterinary establishment mobile home only as a secondary dwelling to an agricultural use single detached dwelling. The holding (h) symbol will not be lifted until the Municipality is satisfied that a plan of subdivision has received final approval by the land division approval authority. (5) Temporary Zones 11.2 Additional Provisions for Rural Zones (1) Accessory Dwellings Accessory dwellings shall conform to the requirements of the RR Zone. (2) Hobby Farms Hobby farms shall only be permitted in accordance with the following requirements: Lot Area (minimum) 30,000 m2 Lot Frontage (minimum) 75 m Page 174 of 260 Any building that houses livestock or poultry shall be set back a minimum of 30 m from all lot lines and shall have a maximum height of 5.5 m. The maximum floor area for a building accommodating livestock or poultry shall be 150 m5 per 10,000 m2 of land. The maximum number of livestock per 10,000 m2 of land shall be 5 and the maximum number of poultry for 10,000 m2 of land shall be 20. (3) Wayside Pit or Wayside Quarry The requirements of the Aggregate Resources Act shall apply to any Wayside Pit or Wayside Quarry. (4) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. SECTION 12 WRECKING YARD ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Wrecking Yard (WY) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 12.1 Wrecking Yard (WY) Zone (1) Permitted Uses: automobile body shop commercial garage salvage yard wrecking yard accessory dwelling (2) Zone Requirements: Yard Requirements (minimum): All Yards 50 m Notwithstanding the above Yard requirements, no Wrecking Yard Zone will be established within 100 m of a dwelling on another lot or within 150 m of a waterbody or a watercourse. (3) Special Exceptions Zones Page 175 of 260 WY-1 (Pt. Lot 1, Concession 3) Matilda In addition to the permitted uses of Section 12.1(1) for the lands zoned WY-1, the following use shall also apply: the sale of 6 cars per year WY-2 (Pt. Lot 1, Concession 1) Matilda In addition to the permitted uses of Section 12.1(1) for the lands zoned WY-2, the following uses and zoning requirements shall also apply: public storage compound yard transfer depot selling of vehicles Yard Requirements (minimum): Front 6 m Side 6 m Rear 6 m Lot coverage 50% (4) Holding Zones (5) Temporary Zones 12.2 Additional Provisions for Wrecking Yard Zones (1) Accessory Dwellings Accessory dwellings shall conform to the requirements of the RR Zone. (2) Buffering A fence or wall, a minimum of 2.5 m in height and composed of opaque material shall be provided around the area used or to be used for the storage of scrap, junk, automobile or other vehicles or machinery. In addition coniferous trees shall be planted along the exterior of the fence or wall to effectively screen the Wrecking Yard. (3) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. Page 176 of 260 SECTION 13 WASTE MANAGEMENT ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Waste Management (WM) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 13.1 Waste Management (WM) Zone (1) Permitted Uses: waste management site (2) Zone Requirements: (a) Lot Area (minimum) 40,000 m2 (b) Lot Frontage (minimum) 100 m (c) Front, Rear and Exterior Side Yards (minimum) 50 m (d) Interior Side Yard (minimum) 25 m Notwithstanding the above yard requirements, no Waste Management Zone will be established within 500 m of a dwelling on another lot. (3) Special Exception Zones: (Reserved) (4) Holding Zones (5) Temporary Zones 13.2 Additional Provisions for Waste Management Zones (1) Other General Provisions: Other general provisions shall be in accordance with Section 3 of this By-law. Page 177 of 260 SECTION 14 MINERAL AGGREGATE ZONES No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Mineral Aggregate Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. 14.1 Mineral Aggregate - Pit (MAP) Zone (1) Permitted Uses: agricultural use excluding buildings pit portable asphalt plant (2) Zone Requirements: (a) Agricultural use: in accordance with the requirements of the Agriculture (A) Zone. (b) Pit, Portable Asphalt Plant: Yard Requirements (minimum): any yard adjacent to a public street 30 m all other yards 15 m Notwithstanding the above Yard requirements, no Mineral Aggregate - Pit Zone will be established within 120 m of a dwelling on another lot. (3) Special Exceptions (4) Holding Zones (5) Temporary Zones 14.2 Mineral Aggregate - Quarry (MAQ) Zone (1) Permitted Uses: agricultural use excluding buildings pit quarry asphalt plant concrete plant Page 178 of 260 (2) Zone Requirements: (a) Agricultural use: in accordance with the requirements of the General Agricultural (AG) Zone. (b) Pit: in accordance with the requirements of the Mineral Aggregate - Pit (MAP) Zone. Yard Requirements: (c) Quarry: asphalt plant, concrete plant: Yard Requirements: any yard adjacent to a public street 30 m all other yards 15 m Notwithstanding the above Yard requirements, no Mineral Aggregate - Quarry (MAQ) Zone will be established within 300 m of a dwelling on another lot. (3) Special Exception Zones: (Reserved) (4) Holding Zones (5) Temporary Zones 14.3 Mineral Aggregate-Reserve (MAR) Zone (1) Permitted uses: agricultural use, excluding buildings and structures environmental preserve and educational area forestry use recreational use 14.4 Additional Provisions for Mineral Aggregate Zones (1) Wayside Pit or Wayside Quarry: The requirements of the Aggregate Resources Act shall apply to any Wayside Pit or Wayside Quarry. (2) Other General Provisions: Other general provisions shall be in accordance with Section 3 of this By-law. Page 179 of 260 SECTION 15 FLOOD PLAIN ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Flood Plain (FP) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. 15.1 Flood Plain (FP) Zone (1) Permitted Uses: agricultural, conservation and forestry uses excluding buildings golf course, excluding buildings marine facility outdoor recreation parking area excluding buildings public park structure or use accessory to a residential use such as a patio, barbecue or similar use, but excluding a building. 15.2 Additional Provisions for Flood Plain Zones (1) No buildings or structures whether or not associated with any of the above provided uses shall be erected in the Flood Plain (FP) Zone, except where needed for flood control measure. (2) Other General Provisions: Other general provisions shall be in accordance with Section 3 of this By-law. Page 180 of 260 SECTION 16 WETLANDS ZONES No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Wetlands (WL) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. 16.1 Wetlands (WL) Zone (1) Permitted Uses: agricultural use excluding buildings conservation use flood control structure forestry use open space outdoor recreational facility excluding a golf course public park water storage use (2) Zone Requirements: (a) No building or structure shall be located closer than 15 m to any lot line. (b) The placing of fill or drainage improvements within the Wetlands (WL) Zone are prohibited unless written approval is received from the Corporation and the Ministry of Natural Resources. (3) Special Exceptions (Reserved) 16.2 Additional Provisions for Wetlands Zones (1) Other General Provisions: Other general provisions shall be in accordance with Section 3 of this By-law. Page 181 of 260 SECTION 17 ANSI ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in an ANSI Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. 17.1 Area of Natural or Scientific Interest (ANSI) Zone (1) Permitted Uses: conservation use flood control structure forestry use open space outdoor recreational facility excluding a golf course public park water storage use (2) Zone Requirements: (a) No new dwelling shall be permitted unless written approval is received from the Conservation Authority. (b) From the date of the passing of this By-law, existing dwellings are permitted to erect accessory structures. (c) The placing or removal of fill within the ANSI Zone is prohibited unless written approval is received from the Conservation Authority or, where no Conservation Authority has jurisdiction, the Ministry of Natural Resources. (3) Special Exceptions (Reserved) 17.2 Additional Provisions for ANSI Zones (1) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. Page 182 of 260 SECTION 18 APPENDICES Page 183 of 260 SCHEDULE 1 MATILDA Page 184 of 260 SCHEDULE 2 WILLIAMSBURG Page 185 of 260 SCHEDULE 3 IROQUOIS Page 186 of 260 SCHEDULE 4 MORRISBURG Page 187 of 260 SCHEDULE 5 MATILDA NORTH HAMLETS Page 188 of 260 SCHEDULE 6 MATILDA SOUTH HAMLETS Page 189 of 260 SCHEDULE 7 WILLIAMSBURG HAMLETS Page 190 of 260 SCHEDULE 8 IROQUOIS WEST Page 191 of 260 SCHEDULE 9 LAKESHORE Page 192 of 260 SCHEDULE 10 UPPER CANADA WEST Page 193 of 260 SCHEDULE 11 UPPER CANADA EAST Page 194 of 260 SCHEDULE 12 ZONING AMENDMENTS (CONSOLIDATED SCHEDULE) This schedule sets out a list of special exceptions to the zoning by-law, their locations and the special provisions for permitted uses, zone requirements or any other requirements covered by the zoning by-law. This schedule shall be read in conjunction with the Zoning By-law text and Schedules 1 thru 10 of this by-law, which will show the location of these special exceptions with the municipal boundaries. The By-Law Exception Number column shows the by-law and year the exception was passed by Council. The Special Zone Symbol column shows the symbol as it appears on Schedule A to the by-laws. The Roll Number column gives the roll numbers of each property affected by the special exceptions. The Special Zone Provision column outlines the permitted uses, zone requirements or other requirements set out for each exception. By-Law Exception Number Special Zone Symbol Roll Number Special Zone Provision 2010-88 Section 3.1 Section 3.15 RH-18 0506 006 00239400.0000 Section 5.5 (4) is hereby amended by inserting the following: Notwithstanding the provisions of Section 3.1 (f), Section 3.15 and Section 5.5 to the contrary, for the lands zoned RH-18, the following uses and zone provisions shall also apply: Home Occupation with a Total Floor Area (max) 160 m2 Home Occupation Legal Sign Size (max) 1.5 m2 Day care as a Home Occupation in accordance with the Day Nurseries Act 2011-15 R1-5 0506 006 00341091.0000 0506 006 00341089.0000 0506 006 00341088.0000 0506 006 00341087.0000 0506 006 00341086.0000 0506 006 00341092.0000 Section 5.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.1 (2) to the contrary, for Page 195 of 260 0506 006 00341085.0000 0506 006 00341000.0000 0506 006 00341084.0000 0506 006 00341083.0000 0506 006 00341082.0000 0506 006 00341081.0000 0506 006 00341080.0000 0506 006 00341093.0000 0506 006 00341079.0000 0506 006 00341078.0000 0506 006 00341077.0000 0506 006 00341076.0000 0506 006 00341075.0000 0506 006 00341074.0000 the lands zoned R1-5 the following zone provisions shall also apply: Exterior Side Yard abutting County Road 1/Carman Road (min) 11.5m Rear Yard Depth abutting County Road 2 (min) 7m Interior Side Yard (min) 2m 2011-45 A-13 A-15 CR-8 0506 006 00725400.0000 Section 10.1 (3) is hereby amended by replacing the following 'A-13 Reserved for future use' with: Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-13, the following zone provision shall apply: Lot Frontage (min) 15m Section 10.1 (3) is hereby amended by replacing the following 'A-15 Reserved for future use' with: Notwithstanding the provisions of Section 10.1 (2) (a), (b) and (e) to the contrary, for the lands zoned A- 15, the following zone provision shall also apply: Lot Area (min) 51 900m2 Lot Frontage (min) 138m Interior Side Yard (min) 3m, for structures existing on the date of passing of this By-law Section 6.5 (3) is hereby amended by repealing the CR-8 Special Page 196 of 260 Exception and by inserting the following: Notwithstanding the provisions of Sections 6.5 (1) and 6.5 (2) to the contrary, for the lands zoned CR-8, the following uses shall also be permitted and zone provision shall apply: Grain drying facility Pet supplies and sales Agricultural product sales Customized agricultural related product sales Interior Side Yard (min) 3m, for structures existing on the date of passing of this By-law. 2011-46 RH-19 0506 001 00842000.0000 Section 5.5 (4) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.5 (3) to the contrary, for the lands zoned RH-19, the following zone provisions shall apply: Lot Area (min) 2345m2 Lot Frontage (min) 36m Building Height (max) 13m 2011-56 2011-57 2011-58 2011-76 2012-23 2012-73 2012-74 2012-75 2013-56 2013-61 A-8 0506 006 00634405.0000 0506 001 00773800.0000 0506 006 00863205.0000 0506 001 00465420.0000 0506 006 00903000.0000 0506 001 00503200.0000 0506 001 00694400.0000 0506 001 00742405.0000 0506 001 00506802.0000 0506 006 00603005.0000 This By-law would change the retained parcel from Agricultural to Agricultural Special Exception 8 (A- 8). That Section 10.2(3) Agriculture Special Exception 8 (A-8) Zone be amended by inserting the following immediately below 'Mobile home as Page 197 of 260 2014-02 2014-03 2014-05 2014-29 2014-49 2014-50 2014-51 2014-79 2014-90 2014-91 2015-27 2015-28 2016-53 2016-72 2017-33 2017-40 2018-68 2018-74 2019-89 2021-58 2022-105 0506 001 00339000.0000 0506 001 00425400.0000 0506 006 00628402.0000 0506 006 00515600.0000 0506 006 00892400.0000 0506 001 00761620.0000 0506 006 00616600.0000 0506 001 00811400.0000 0506 006 00593400.0000 0506 006 00588600.0000 0506 001 00769605.0000 0506 001 00799400.0000 0506 006 00676800.0000 0506 006 00648800.0000 0506 006 00654600.0000 0506 001 00629000.0000 0506 006 00629800.0000 0506 006 00817600.0000 0506 006 00633405.0000 0506 006 00689600.0000 0506 001 00618600.0000 a secondary dwelling to an agricultural use': All Surplus Farm lots which have been created through the consent process will be acknowledged through this zone, regardless of zone provision compliance for lot area, lot frontage and existing buildings, structures and uses. That the following Agriculture Special Exceptions zones be re- zoned to A-8 on the appropriate schedules, and remaining Agriculture Special Exception zones be shown as "For Future Use": - A-39 -A-59 - A-43 -A-60 - A-44 -A-65 - A-47 -A-66 - A-49 -A-67 - A-50 -A-68 - A-52 -A-70 - A-53 -A-71 - A-55 -A-73 - A-57 -A-74 2011-59 CR-10 506 00753200.0000 Section 5.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 6.5 (1) and (2) to the contrary, for the lands zoned CR-10- h, only the following uses are permitted: public storage facility recreational vehicle storage training or trade school Page 198 of 260 office for a small business commercial garage custom workshop recreational vehicle wash bay recreational vehicle waste transfer and storage station The (h) symbol on this zone shall only apply to the recreational vehicle waste transfer and storage station and shall be lifted upon issuance of the required Ministry of the Environment approvals. 2011-69 R2-9 0506 002 00196802.0000 Section 5.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.2 (1) and 5.1 (2) (a) to the contrary, for the lands zoned R2-9, the minimum lot area for a lot serviced by municipal water and municipal sanitary sewer shall be 430m2 for a single detached dwelling use. 2011-83 A-36 A-37 0506 006 00903900.0000 0506 006 00903905.0000 Section 10.1 (c) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.2 to the contrary, for the lands zoned A-36, the minimum interior side lot line for the west side of the existing dwelling shall be 2.4 metres. Notwithstanding the provisions of Section 10.1 and 10.2 to the contrary, for the lands zoned A-37, the minimum lot frontage shall be 34 metres and the following uses are not permitted: single detached dwelling Page 199 of 260 dwelling accessory to an agricultural use, kennel or veterinary. 2012-13 RW-8 0506 006 00145800.0000 Section 5.8 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW-8, the minimum lot frontage shall be 20 metres. 2012-22 A-38 0506 006 00903020.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1 (2) to the contrary, for the lands zoned A-38, the minimum lot frontage shall be 16 metres. 2012-27 RW-9 RU-28 0506 006 00029010.0000 Section 5.8 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW-9, the minimum lot frontage shall be 35 metres. Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 11.1 (2) to the contrary, for the lands zoned RU-28, the minimum lot area for a single detached dwelling shall be 3,035 square metres and the minimum lot frontage shall be 35 metres. 2012-28 A-39 0506 006 00622600.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1 (1) for the lands zoned A-39, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use; Page 200 of 260 Single detached dwelling; Dwelling unit accessory to an agricultural use, kennel or veterinary establishment; Mobile home as a secondary dwelling to an agricultural use. Notwithstanding the provisions of Section 10.1 (2) to the contrary, for the lands zoned A-39, the minimum required lot area for an Agricultural use shall be 270,000 square metres. 2012-35 RH-20 0506 001 00904000.0000 Section 5.5 (4) is hereby amended by inserting the following: Notwithstanding Section 5.5 (3) to the contrary, for the lands zoned RH- 20, the building (Church) existing at the date of passing shall have a minimum interior side yard setback of 1 metre and a maximum permitted height of 14 metres. 2012-42 RH-21 0506 001 00216400.0000 Section 5.5 (4) is hereby amended by inserting the following: Notwithstanding Section 5.5 (2) to the contrary, for the lands zoned RH- 21, the minimum required lot area service by a private well and private septic sewage system for a semi- detached dwelling shall be 3,300 metres squared. 2012-61 RU-29 0506 006 00222200.0000 Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding Section 11.1 (2) to the contrary, for the lands zoned RU- 29, the minimum required lot frontage shall be 38 metres. 2012-70 A-40 0506 001 00682200.0000 Section 10.1 (3) is hereby amended by inserting the following: Page 201 of 260 Notwithstanding Section 10.1 (1) and (2) to the contrary, for the lands zoned A-40, a second single detached dwelling of a maximum of 93 square metres in size shall be permitted as it exists at the date of passing of this by-law. The permission of the second dwelling is contingent on no further severance of the property being granted. 2012-71 RH-23 0506 001 00896600.0000 Section 5.5 (4) is hereby amended by inserting the following: Notwithstanding Section 5.5 (1) and (2) to the contrary, for the lands zoned RH-23, an Automotive Commercial Garage and a Small Engine Repair Shop shall also be permitted limited to two vehicles being serviced at one time. The maximum size of an Automotive Commercial Garage, Small Engine Repair Shop or a combination of the two shall be 82 square metres. 2012-72 RW-10 0506 006 00362615.0000 Section 5.8 (3) is hereby amended by inserting the following: Notwithstanding Section 5.8 (2) to the contrary, for the lands zoned RW- 10, the maximum setback for the rear wall of a dwelling or a well shall be 60 metres from Galop Lane. 2012-83 RU-30 0506 006 00376400.0000 Section 11.1 (3) is hereby amended by inserting the following; Notwithstanding Section 11.1(3) to the contrary, for the lands zoned RU- 30, a service and repair shop for generators shall also be permitted as it existed on the date of passing of this by-law and subject to the site having a current Ministry of the Environment Approval. Page 202 of 260 2013-22 CH-9 0506 008 00876500.0000 0506 008 00876495.0000 Section 16.3 (3) is hereby amended by inserting the following; Notwithstanding Section 6.3 (1) to the contrary, for the lands zoned CH- 9, a semi-detached dwelling shall also be permitted in accordance with the development standards set in 5.2 (2). 2013-40 RH-24 0506 006 00717600.0000 Section 5.5 (1) is hereby amended by inserting the following: Notwithstanding Section 5.5(1) to the contrary, for the lands zoned RH-24, a commercial garage and a small engine repair shop shall also be permitted. 2013-70 R2 0506 008 00532400.0000 0506 008 00532402.0000 The area shown on Schedule 'A' to this By-law shall henceforth be zoned Residential Second Density (R2). 2014-04 RW-11 0506 006 00069800.0000 Section 5.8 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW-11, the minimum lot frontage shall be 11 metres. 2014-09 A-7 0506 006 00109500.0000 Section 10.1 (3) Exception A-7 is hereby amended by inserting the following: Accessory Apartment Notwithstanding the provisions of Section 3.1 (g) to the contrary, for the lands zoned A-7, the minimum floor area for an accessory apartment shall be 89 square metres and the dwelling unit area of the said accessory apartment shall not exceed 36% of the total floor area of the building. 2014-30 R2 0506 008 00496602.0000 0506 008 00496614.0000 0506 008 00499615.0000 0506 008 00496616.0000 The areas shown on Schedule 'A' to this By-law shall henceforth be zoned Residential Second Density (R2). Page 203 of 260 0506 008 00496617.0000 0506 008 00496613.0000 0506 008 00496612.0000 0506 008 00496611.0000 0506 008 00496610.0000 0506 008 00496609.0000 0506 008 00496608.0000 0506 008 00496607.0000 0506 008 00496606.0000 0506 008 00496605.0000 0506 008 00496600.0000 2014-52 R2-18 0506 002 00196800.0000 0506 002 00196804.0000 Section 5.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.2 (2) (a) to the contrary, for the lands zoned R2-18, the minimum lot area for a lot serviced by municipal water and municipal sanitary sewer shall be 485m2 for a semi-detached dwelling use. Notwithstanding the provisions of Section 5.2 (2) (c) to the contrary, for the lands zoned R2-18, the minimum front yard depth and rear yard setback shall be 5.5 metres. Notwithstanding the provisions of Section 5.2 (2) (d) to the contrary, for the lands zoned R2-18, the minimum exterior side yard width shall be 4.5 metres. Notwithstanding the provisions of Section 3.39 (b) to the contrary, for the lands zoned R2-18, open decks may project into the rear yard or exterior side yard not more than 2.0 metres. 2014-67 A-41 0506 006 00663450.0000 Section 10.1 (3) is hereby amended by inserting the following: Page 204 of 260 Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-41, the minimum lot frontage for an Agricultural use shall be 192 metres. 2014-78 CH-10 0506 008 00923000.0000 Section 6.3 (3) is hereby amended by inserting the following after CH-9 Notwithstanding the provisions of Section 6.3 (2) to the contrary, for the lands zoned CH-10, the minimum required lot area for a lot without municipal services shall be 3,800 m2. 2014-84 RH 0506 006 00778000.0000 The areas shown on Schedule 'A' to this By-law shall henceforth be zoned Residential Hamlet (RH). 2015-10 RH-25 CG-15 0506 001 01005202.0000 0506 001 01005200.0000 0506 001 01006500.0000 Section 5.5 (3) is hereby amended by inserting the following after RH- 24: Notwithstanding the provisions of Section 5.5 (2) to the contrary, for the lands zoned RH-25, the minimum required lot area for a lot serviced by municipal water or by municipal sewers only shall be 1,800 m2. Notwithstanding the provisions of Section 5.5 (2) to the contrary, for the lands zoned R-25, the minimum required lot frontage for a lot serviced by municipal water or by municipal sewers only shall be 20 m. Section 6.1 (3) is hereby amended by inserting the following after CG- 14: Notwithstanding the provisions of Section 6.6 (4)(a) to the contrary, for the lands zoned CG-15, 3 metres of Landscaped Open Space shall not be required along the north most interior lot line for the automobile dealership use that existed on the date of passing of this by-law. Page 205 of 260 2015-22 RH-26 0506 001 00601000.0000 Section 5.5 (3) is hereby amended by inserting the following after RH- 25: Notwithstanding the provisions of Section 5.5 (1) to the contrary, for the lands zoned RH-26, the following uses shall also be permitted: Office and training Centre for Dundas County Hospice; All accessory uses needed to operate the Hospice. Notwithstanding the provisions of Section 3.27 to the contrary, for the lands zoned RH-26, parking available onsite as of the date of passing of this by-law shall be permitted to serve the Hospice office and training functions. 2015-26 CG 0506 008 00071600.0000 The area shown on Schedule 'A' to this By-law shall henceforth be zoned General Commercial (CG). 2015-42 A-42 RU-31 0506 006 00603800.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-42, the minimum lot frontage for an Agricultural use shall be 81 metres. Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 11.1 (2) (a) to the contrary, for the lands zoned RU-31, the minimum lot frontage for an Agricultural use shall be 101 metres. 2015-79 A-43 0506 006 00704100.0000 Section 10.1 (3) is hereby amended by inserting the following: Page 206 of 260 Notwithstanding the permitted uses of Section 10.1 (1) for the lands zoned A-43, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use; Single detached dwelling; Dwelling unit accessory to an agricultural use, kennel or veterinary establishment; Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-43, the minimum lot area for an Agricultural use shall be 170,000 square metres. Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-43, the minimum lot frontage for an Agricultural use shall be 70 metres. 2015-82 R4-15 0506 002 00329400.0000 0506 002 00329410.0000 Section 5.4 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 3.27 (a) to the contrary, for the lands zoned R4-15, five parking spaces shall be required for a four dwelling unit apartment building. Notwithstanding the provisions of Section 3.39 (b) to the contrary, for the lands zoned R4-15, the entry landing, porch and exterior stairs on Page 207 of 260 the east side of the building may project into the required exterior side yard not more than 3.0 metres. Notwithstanding the provisions of Section 3.39 (b) to the contrary, for the lands zoned R4-15, each dwelling unit is permitted to have one open roofed porch, sundeck, or balcony up to a maximum size of 3.0 metres by 2.4 metres in size that may project into the required front yard not more than 2.4 metres and into the required Rear yard not more than 2.1 metres. Notwithstanding the provisions of Section 5.4 (2) (c) to the contrary, for the lands zoned R4-15, the minimum required front yard setback shall be 6 metres. Notwithstanding the provisions of Section 5.4 (2) (d) to the contrary, for the lands zoned R4-15, the minimum required exterior side yard setback shall be 6 metres. 2015-91 RW-13 0506 006 00382600.0000 Section 5.8 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 5.8(1) for the lands zoned RW-13, the following use shall also be permitted: An accessory use related to the warehousing of material for online sales which is located within an accessory building. 2015-92 A-44 0506 001 00364802.0000 Section 10.1 (3) is hereby amended by inserting the following: Page 208 of 260 Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-44, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use; Single detached dwelling; Dwelling unit accessory to an agricultural use, kennel or veterinary establishment; Mobile home as a secondary dwelling to an agricultural use; Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-44, the minimum lot frontage for an Agricultural use shall be 120 metres. 2016-07 RW-14 0506 006 00131400.0000 0506 006 00131405.0000 Section 5.8 (3) is hereby amended by inserting the following after RW-13: Notwithstanding the provisions of Section 5.8 (2) (b) to the contrary, for the lands zoned RW-14, the minimum lot area shall be 1,850 square metres. 2016-22 R2-19 0506 008 00546800.0000 0506 008 00546802.0000 Section 5.2 (3)(e) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.2 (2) to the contrary, for the lands zoned R2-19, the minimum required interior side yard setback shall be 1.5 metres (*). 2016-33 RU 0506 006 00407400.0000 The area shown on Schedule 'A' to this By-law shall henceforth be zoned Rural (RU). Page 209 of 260 2016-45 RU-31 RW-15 0506 006 00107012.0000 Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 11.1(1) for the lands zoned RU-31, the following uses shall not be permitted: Single Detached Dwelling Dwelling accessory to an agricultural use, kennel, or veterinary establishment. Section 5.8 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 5.8(1) for the lands zoned RW-15, the following uses shall not be permitted: Single Detached Dwelling Bed and Breakfast Notwithstanding the permitted uses of Section 5.8(2) for the lands zoned RW-15, the minimum required lot frontage shall be 7 metres. 2016-54 A-10 A 0506 006 00616850.0000 0506 006 00616900.0000 The area shown on Schedule 'A' to this By-law shall henceforth be zoned Agricultural (A-10). 2016-71 RU-32 0506 001 00544602.0000 Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 11.1(1) to the contrary, for the lands zoned RU-32, any use existing on the date of passing of the By-law is permitted, including any new addition and/or accessory Page 210 of 260 structures that conform to the provisions of this By-law. Prior to approval of any new development an Environmental Impact Assessment shall be completed that demonstrates that the proposed development would have no negative impacts on the natural features or on ecological functions for which the area is defined. Notwithstanding the provisions of Section 11.1(2)(a) and 10.1(2)(b) to the contrary, for the lands zoned RU- 32, the minimum lot frontage for an agricultural use shall be 9 metres. 2016-85 A-45 0506 001 00813300.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-45, the minimum lot area for an Agricultural use shall be 27,000m2. Notwithstanding the provisions of Section 10.1(2) (b) to the contrary, for the lands zoned A-45, the minimum lot frontage for an Agricultural use shall be 80 metres. 2016-86 CT-1-h 0506 006 00035105.0000 Section 6.4(4) is hereby amended by inserting the following: Notwithstanding the provisions of Section 6.4(1) to the contrary, for the lands zoned CT-1-h, the holding symbol will not be removed from these lands until such time as the Municipality is satisfied that any proposed development can be adequately serviced and that all required approvals have been obtained and the existing mobile homes have been removed. Page 211 of 260 2016-91 A-46 0506 001 00780002.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-46, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1(2) (b) to the contrary, for the lands zoned A-46, the minimum lot frontage for an Agricultural use shall be 12 metres. Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-46, the conditional approval of any new development within 500 metres of a Mineral Aggregate - Quarry (MAQ) Zone will be subject to a submission of studies demonstrating that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. 2017-05 A-47 0506 001 00803800.0000 Section 10.1 (3) is hereby amended by inserting the following: Page 212 of 260 Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-47, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1(2) (b) to the contrary, for the lands zoned A-47, the minimum lot frontage for an Agricultural use shall be 18 metres. 2017-06 A-48 0506 001 00815810.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-48, the following uses shall also be permitted: Accessory apartment Notwithstanding the provisions of Section 3.1 (g) to the contrary, for the lands zoned A-48, an accessory apartment shall not exceed 40% of the total floor area of the building. 2017-23 A-49 0506 006 00720800.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-49, the following uses shall also be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Page 213 of 260 Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-49, the minimum lot frontage for an Agricultural use shall be 110 metres. A-50 (W Pt. Lot 19, Concession 5) Matilda Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-50, the minimum lot frontage for a single detached dwelling shall be 36 metres. 2017-32 A-51 0506 001 00364800.0000 0506 001 00361800.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Sections 10.1(1) to the contrary, for the lands zoned A-51, the following uses shall also be permitted: winery In addition to the parking required by Section 3.27 (a), the following shall also apply: Parking Provisions: 1 space per employee for winery use 1 space per 20 m2 of gross floor area for each accessory use Page 214 of 260 Notwithstanding any other provisions of this By-law to the contrary, the lands zoned as A-51 shall be considered as one lot for zoning purposes. 2017-45 A-53 0506 006 00724600.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-53, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-53, an Agricultural use shall be permitted. 2017-63 RW-16 RU-33 RU-34 0506 006 00385000.0000 Section 5.8 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 5.8 (1) for the lands zoned RW-16, the following uses shall not be permitted: Single Detached Dwelling Bed and Breakfast Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 11.1 (1) for the lands Page 215 of 260 zoned RU-33, the following use shall not be permitted: Single Detached Dwelling Dwelling accessory to an agricultural use, kennel, or veterinary establishment Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 11.1 (1) to the contrary, for the lands zoned RU-34, any use existing on the date of passing of the By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. The conditional approval of any new developments will be subject to a submission of studies that demonstrate that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. Notwithstanding the permitted uses of Section 11.1 (1) for the lands zoned RU-34, the following uses shall not be permitted: Single Detached Dwelling Dwelling accessory to an agricultural use, kennel, or veterinary establishment. 2017-64 RW-17 RU-35 0506 006 00386000.0000 Section 5.8 (3) is hereby amended by inserting the following: Page 216 of 260 RU-36 Notwithstanding the permitted uses of Section 5.8 (1) for the lands zoned RW-17, the following uses shall not be permitted: Single Detached Dwelling Bed and Breakfast Notwithstanding the permitted uses of Section 5.8 (2) for the lands zoned RW-17, the minimum required lot frontage shall be 12 metres." Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 11.1 (1) for the lands zoned RU-35, the following uses shall not be permitted: Single Detached Dwelling Dwelling accessory to an agricultural use, kennel, or veterinary establishment Notwithstanding the permitted uses of Section 11.1 (2) (a) for the lands zoned RU-35, the minimum required lot frontage shall be 12 metres." Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 11.1 (1) to the contrary, for the lands zoned RU-36, any use existing on the date of passing of the By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. Page 217 of 260 The conditional approval of any new developments will be subject to a submission of studies that demonstrate that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. Notwithstanding the permitted uses of Section 11.1 (1) for the lands zoned RU-36, the following uses shall not be permitted: Single Detached Dwelling Dwelling accessory to an agricultural use, kennel, or veterinary establishment. Notwithstanding the permitted uses of Section 11.1 (2) (a) for the lands zoned RU-36, the minimum required lot frontage shall be 12 metres. 2017-72 RU-37 0506 006 00542800.0000 Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 11.1 (1) for the lands zoned RU-37, the following use shall not be permitted: Single Detached Dwelling Dwelling accessory to an agricultural use, kennel, or veterinary establishment Notwithstanding the permitted uses of Section 11.1 (2) (a) for the lands zoned RU-37, the minimum required lot area shall be 240,000 metres squared. Page 218 of 260 Notwithstanding the permitted uses of Section 11.1 (2) (a) for the lands zoned RU-37, the minimum required lot frontage shall be 7 metres. 2017-73 R4-16 0506 001 00925000.0000 Section 5.4 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.4 (2) (a) for the lands zoned R4-16, the minimum required lot area shall be 200m² per unit for the first four (4) units. Notwithstanding the provisions of Section 5.4 (2) (b) for the lands zoned R4-16, the minimum required lot frontage shall be 15 metres. Notwithstanding the provisions of Section 5.4 (2) (c) for the lands zoned R4-16, the minimum required front yard depth shall be 4.5 metres. Notwithstanding the provisions of Section 5.4 (2) (d) for the lands zoned R4-16, the minimum required exterior side yard width shall be 0.6 metres. Notwithstanding the provisions of Section 5.4 (i) for the lands zoned R4-16, the minimum dwelling unit area for a bachelor unit shall be 36 square metres. 2017-79 A-22 0506 006 00624010.0000 The areas shown on Schedule 'A' to this By-law shall henceforth be zoned Agricultural Special Exception 22 (A- 22). 2017-80 A-54 0506 006 00504400.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-54, the following uses shall not be permitted: Page 219 of 260 Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-54, the minimum lot frontage for an Agricultural use shall be 28 metres. 2018-02 RH-28 0506 001 00172400.0000 Section 5.5 (4) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 5.5 (3) for the lands zoned RH-28, the minimum lot area for a lot serviced by private well and private sewage system shall be 1900 m2. Notwithstanding the permitted uses of Section 5.5 (3) for the lands zoned RH-28, the minimum lot frontage for a lot serviced by private well and private sewage system shall be 34 m. 2018-03 A-55 0506 006 00816800.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-55, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Page 220 of 260 Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-55, the minimum lot frontage for an Agricultural use shall be 55 meters. Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-56, the minimum lot frontage for an Agricultural use shall be 117,000 m2. Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-56, the minimum lot frontage for an Agricultural use shall be 170 meters. 2018-27 A-57 A-58 0506 001 00689600.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-57, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Page 221 of 260 Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-57, the minimum lot area for an agricultural use shall be 140,000 meters squared." Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-58, the minimum lot area for an Agricultural use shall be 30,000 meters squared. Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-58, the minimum lot frontage for an Agricultural use shall be 120 meters. 2018-28 A-59 0506 006 00757800.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-59, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Page 222 of 260 Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-59, the minimum lot area for an agricultural use shall be 95,000 meters squared. Notwithstanding the provisions of Section 10.1 (2) (b) to the contrary, for the lands zoned A-59, the minimum lot frontage for an agricultural use shall be 80 meters. 2018-29 RH 0506 001 00573200.0000 The areas shown on Schedule 'A' to this By-law shall henceforth be zoned Residential Hamlet (RH). 2018-47 RW-18 0506 006 00118750.0000 Section 5.8 (3) is hereby amended by inserting the following after RW- 17: Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW-18, the minimum lot area shall be 1,900 square metres. Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands zoned RW-18, the minimum lot frontage shall be 33 metres. 2018-52 RH-22 0506 001 00567806.0000 Section 5.5 (4) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.5 (b) to the contrary, for the lands zoned RH-22, the minimum lot frontage shall be 17 metres. 2018-68 A-60 0506 006 00629803.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-60, the following uses shall not be permitted: Page 223 of 260 Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-60, the minimum lot area for an Agricultural use shall be 117,000 metres squared. 2018-73 R1 0506 008 00071600.0000 The areas shown on Schedule 'A' to this By-law shall henceforth be zoned Residential First Density (R1). 2018-75 R4-17 0506 001 01007800.0000 Section 5.4 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.4 (2) (f) to the contrary, for the lands zoned R4-17, the minimum rear yard depth shall be 2 meters. Notwithstanding the provisions of Section 5.4 (2) (i) to the contrary, for the lands zoned R4-17, the minimum dwelling unit area for a one bedroom unit shall be 49 square meters. Notwithstanding the provisions of Section 3.1 (a) to the contrary, for the lands zoned R4-17, accessory buildings or structures shall not be located closer than 1.2 m to any Page 224 of 260 Interior Side or Rear Lot Line and shall not exceed 6 m in height. 2019-07 RW-19 0506 006 00130000.0000 Section 5.8 (3) is hereby amended by inserting the following after RW- 18: Notwithstanding the provisions of Section 5.8 (2) to the contrary, for the lands Zoned RW-19, the minimum lot frontage shall be 26 metres. 2019-22 RU-38 0506 006 00409600.0000 Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 11.1 (1) for the lands zoned RU-38, the following use shall not be permitted: - Single detached dwelling - Dwelling accessory to an agricultural use, kennel, or veterinary establishment - Mobile home only as a secondary dwelling on a farm Notwithstanding the zone requirements of Section 11.1 (2) (b) for the lands zoned RU-38: - the minimum required lot area shall be 7,000 m2 - the minimum required lot frontage shall be 35 m 2019-27 RH-29 0506 001 00611002.0000 Section 5.5 (4) is hereby amended by inserting the following: Page 225 of 260 Notwithstanding the zone requirements of Section 5.5 (3) for the lands zoned RH-29, the minimum lot frontage for a lot serviced by private well and municipal sanitary sewers shall be 20 m. 2019-46 A-62 0506 001 00807000.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-62, the following uses shall not be permitted: - Dwelling accessory to an existing agricultural use - Single detached dwelling - Dwelling unit accessory to an agricultural use, kennel or veterinary establishment - Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1(1) to the contrary, for the lands zoned A-62, the following uses shall also apply: - conservation use - forestry management or woodlands - wayside pit and wayside quarry - passive outdoor recreational use, excluding buildings and golf courses Page 226 of 260 The conditional approval of any new development will be subject to a submission of studies that demonstrate that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. 2019-53 RW-20 0506 006 00029200.0000 0506 006 00029204.0000 0506 006 00029205.0000 Section 5.8 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.8 (2) for the lands zoned RW-20, the minimum lot frontage shall be 30 metres. 2019-57 R1 0506 008 00179000.0000 The area shown on Schedule 'A' to this By-law shall henceforth be zoned "Residential First Density (R1). 2019-58 CR-11 0506 006 00064200.0000 Section 6.5 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 6.5 (1) for the lands zoned "CR-11", a Mini Warehouse and Storage shall also be permitted. Notwithstanding the provisions for Section 3.27 (a) for the lands zoned "CR-11", the minimum required off street parking spaces shall be seventeen (17). 2019-77 A-63 A-64 0506 006 00680000.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the zone requirements of Section 10.1 (2) for the lands zoned A-63, the minimum lot area for an agricultural use shall be 18,000 square metres. Section 10.1 (3) is hereby amended by inserting the following: Page 227 of 260 Notwithstanding the zone requirements of Section 10.1 (2) for the lands zoned A-64, the minimum lot area for an agricultural use shall be 18,000 square metres and the minimum lot frontage shall be 130 metres. 2019-89 A-65 0506 006 00633400.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1(2) for the lands zoned A-65, the minimum lot frontage for a single detached dwelling shall be 8 metres. 2019-112 R1 R1-h R2-h 0506 001 00170801.0000 The areas shown on Schedule 'A' to this By-law shall henceforth be zoned 'Residential First Density (R1) Zone', 'Residential First Density- holding (R1-h) Zone' 'Residential Second Density (R2) Zone', 'Residential Second Density-holding (R2-h) Zone', and 'Residential Fourth Density Exception 17 (R4-17) Zone'. The holding provision (-h) shall only be removed by way of an amending zoning by-law once any applicable municipal services have been provided to the satisfaction of the Municipality. 2019-112 R4-17 0506 001 00170834.0000 Section 5.4 (3) is hereby amended by inserting the following new clause immediately after Clause R4- 16: Notwithstanding the provisions of Section 5.4.2 (g) for the lands zoned R4-17, the maximum height shall be 4 storeys to a maximum of 15 metres. Notwithstanding the provisions of Section 5.4.2 for the lands zoned Page 228 of 260 R4-17, the maximum number of dwelling units shall be 48. 2020-49 RU-39 0506 006 00378410.0000 Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding the zone requirements of Section 10.1 (2) for the lands zoned RU-39: o the minimum required lot frontage for a single detached dwelling shall be 30 metres; o the minimum required lot area for a single detached dwelling shall be 2460 sq. metres; o the minimum required exterior side width for a single detached dwelling shall be 5 metres; and, o the minimum required interior side width for a single detached dwelling shall be 2.5 metres. 2020-50 A-66 0506 001 00687200.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-66, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Page 229 of 260 Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the provisions of Section 10.1(1) to the contrary, for the lands zoned A-66, the following uses shall also apply: conservation use forestry management or woodlands wayside pit and wayside quarry passive outdoor recreational use, excluding buildings and golf courses The conditional approval of any new development will be subject to a submission of studies that demonstrate that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. Notwithstanding the zone requirements of Section 10.1 (3) for the lands zoned A-66: o the minimum required lot frontage shall be 183 metres; and o the minimum required lot area shall be 212,000 sq. metres 2020-51 CR-10 0506 001 00753200.0000 Section 6.5 (3) is hereby amended by inserting the following: Page 230 of 260 Notwithstanding the permitted uses of Section 6.5 (1) for the lands zoned CR-10, the following use shall not be permitted: o commercial garage o recreational vehicle wash bay o recreational vehicle waste transfer and storage station Notwithstanding the zone requirements of Section 6.5 (1) for the lands zoned CR-10, the following use shall be permitted: o apartment dwelling, limited to 4 dwelling units 2020-62 All Schedules Section 3.36 That the areas affected by this By- law includes all lands located within the Municipality of South Dundas, as identified on Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of By-Law No. 2010-48. That Section 3.36 is hereby amended by removing the following: (b) Fencing Every enclosure for an outdoor swimming pool shall be at least 1.2 m in height, and of a close-boarded, chain link or other approved design, to reasonably deter children from climbing through, over or under to gain access to the enclosed area. Gates that make up part of the enclosure shall provide protection equivalent to that of the fence, and be equipped with a self-closing and Page 231 of 260 latching device and lock, at the top and inside the gate. Doors located in the wall of a building that form part of the enclosure of an outdoor swimming pool shall be equipped with self-closing and latching devices and locking mechanism. All gates and doors that form part of an outdoor swimming pool enclosure shall be kept locked except when the enclosed area is actually under competent supervision. Barbed wire or fencing energized by electrical current shall not be used or form part of an enclosure for an outdoor swimming pool." That Section 3.36 (c) is hereby amended by renumbering it to 3.36 (b). 2020-69 A-68 0506 001 00376802.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-68, the following uses shall not be permitted: - Dwelling accessory to an existing agricultural use - Single detached dwelling - Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Page 232 of 260 - Mobile home as a secondary dwelling to an agricultural use Notwithstanding the zone requirements of Section 10.1 (2) for the lands zoned A-68, the minimum required lot area shall be 250,000 sq. metres. 2020-70 A-67 A-69 0506 001 00853400.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-67, the following uses shall not be permitted: - Dwelling accessory to an existing agricultural use - Single detached dwelling - Dwelling unit accessory to an agricultural use, kennel or veterinary establishment - Mobile home as a secondary dwelling to an agricultural use Notwithstanding the zone requirements of Section 10.1 (2) (a) for the lands zoned A-67, the minimum required lot area shall be 215,000 sq. metres. Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the zone requirements of Section 10.1 (2) (b) for the lands zoned A-69, the minimum required lot frontage for a single detached dwelling shall be 13 metres. Page 233 of 260 2020-88 Section 5.2 RH-14 to RH 42 Beach Ave R2 to R3-2 Section 3.36 Section 10-1 That Section 5.2 (3) Special Exception R2-16 be amended as follows: a. Deleting "Side 20 metres on one side and 0 metres on the other" b. Inserting "2 metres side yard setback and 0 metres setback from vertical separation between each building" That the property located at 12078 Milward Street as indicated by the shaded tone on Schedule 'A' attached hereto and forming part of this By-law is rezoned from "Residential Hamlet Special Exception 14 (RH-14) Zone" to the "Residential Hamlet (RH) Zone". That the eastern portion of the property located at 42 Beach Ave as indicated by the shaded tone on Schedule 'B' attached hereto and forming part of this By-law is rezoned from "Residential Second Density (R2) Zone" to the "Residential Third Density (R3-2) Zone". That a 2 metre interior side yard setback be applied to the subject property. That Section 3.36 "Swimming Pools" be deleted. That Sub-section 10.1 (1) be amended by adding Hobby Farm as a permitted use immediately following grain drying facility. 2020-90 RH-t-1 0506 006 00672000.0000 Section 5.1 (1) is hereby amended by inserting the following: Page 234 of 260 Notwithstanding the permitted uses of Section 5.1(1) for the lands zoned RH, the following uses shall be permitted as the primary use for three (3) years from the date of passing: - Garage 2020-98 !-2 0506 006 00561200.0000 Section 7.1 (1) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 7.1(1) for the lands zoned I-2, the following uses shall be permitted: Single Detached Dwelling Notwithstanding the zone requirements of Section 7.1 (2) for the lands zoned I-2, the minimum exterior side yard setback shall be 4.5 metres 2020-112 CT-3 0506 008 00241200.0000 The area shown on Schedule 'A' to this By-law shall henceforth be zoned Tourist Commercial Special Exception 3 (CT-3). Notwithstanding the provisions of Section 6.4(1) to the contrary, for the lands zoned CT-3, the following uses shall also be permitted: Assembly Hall Catering Establishment Clinic Commercial Patio Notwithstanding the provisions of Section 6.4(1) to the contrary, for the lands zoned CT-3, the following uses shall not be permitted: Page 235 of 260 Boat sales and/or service establishment Retail Store Tent and Trailer Park Notwithstanding the provisions of Section 3.6(b) and 3.6(c) to the contrary, for the lands zoned CT-3, the outdoor patio shall be permitted on a lot where the lot line abuts a Residential Zone or residential use, except in a yard abutting a residential zone and may be used for commercial entertainment including live music. Notwithstanding the provisions of 6.4(2)(a), the existing height of the church is permitted. That this By-law shall not come into full force and effect until the amendment to the Counties Official Plan is in effect in accordance with Section 24(1) of the Planning Act. 2020-113 R1 0506 008 00558200.0000 The area shown on Schedule 'A' to this By-law shall henceforth be zoned Residential First Density(R1) 2021-11 Section 2 Section 3 Section 8.1 Section 8.2 The area affected by this By-law includes all lands within the boundaries of the Municipality of South Dundas. That the definition for 'Agricultural Use', in Section 2, 'Definitions' be amended by inserting the following words: "including cannabis cultivation" between the words "harvesting" and "and also including the storage and sale of crops". That Section 2 'Definitions' be further amended by inserting the following definition following Agricultural Use: Page 236 of 260 "Air Treatment Control: shall mean the functional use of an industrial grade multi-stage carbon filtration system, or similar technology, to reduce and/or treat the emission of pollen, dust and odours expelled from a facility and sized accordingly in comparison to the facility it serves as designed by a qualified person(s)." That Section 2 'Definitions' be further amended by inserting the following definition following Campsite: a) Cannabis Processing Facility: shall mean a building or structure or part thereof equipped with Air Treatment Control that is used for growing, producing, processing, testing, destroying, packaging and/or shipping cannabis authorized by a federal license or registration. That Section 3 'General Provisions' be amended to insert the following subsection: 3.40 Cannabis Processing Facility: Notwithstanding any provision of this By-law to the contrary, Cannabis Processing Facilities shall also be subject to the following provisions: a. Cannabis Processing Facilities shall be permitted as accessory to an agricultural use. b. Setbacks for any facility shall be a minimum of 300 metres from any sensitive land uses Page 237 of 260 as defined in Section 2 of the Zoning By-law. c. All Cannabis Processing Facilities shall be equipped with approved Air Treatment Control as defined in the By- law. d. All storage shall be in a fully enclosed building. e. All development in relation to the establishment or expansion of a Cannabis Processing Facility shall be subject to Site Plan Control. In addition to the uses permitted in Section 8.1 "Light Industrial (M1) Zone" the following uses shall also be permitted: - Cannabis Processing Facility In addition to the uses permitted in Section 8.2 "General Industrial (M2) Zone" the following uses shall also be permitted: - Cannabis Processing Facility 2021-12 Section 2 Section 3 That the following definition "Short- Term Rentals" is inserted following the definition of 'Shopping Centre': Short-Term Rental shall mean a dwelling unit, that in whole or in part, is rented or available with the intention of financial compensation for an occupancy period of 30 consecutive days or less, by way of a municipal license, but does not include a hotel, motel, boarding house, tourist lodging establishment or bed and breakfast establishment. Page 238 of 260 Short-Term Rental units must be licensed appropriately with the Municipality of South Dundas. That Section 3.27 'Parking Requirements' (a) Number of Spaces Required be amended by inserting the following to Table provided: Short-Term Rentals 1 parking space for each guest room for rent That Section 3 'General Provisions' be amended to include the following subsection: 3.41 'Short Term Rentals' Notwithstanding any provisions of this By-law, Short Term Rentals may be permitted and shall comply to the following: a. Short Term Rentals shall be permitted in all zones that a dwelling is permitted and shall conform to the requirements of the particular zone for all development standards; b. A barrier containing any combination of plant materials, landscaped berms or fencing, that is a minimum of 2 metres in height shall be provided along abutting property lines, unless otherwise advised, and approved, by the municipality as a part of the site plan process; c. All development in relation to the establishment or expansion of a Short-Term Page 239 of 260 Rental be subject to Site Plan Control Approval. 2021-13 Section 2 Section 3 The area affected by this By-law includes all lands within the boundaries of the Municipality of South Dundas. That the definition for 'Sign, legal', in Section 2 'Definitions' be amended by inserting the following sentence following 'Government of Ontario or Canada': "Where a sign is located on municipal property it shall be subject to the Municipal Sign By-law, while signs on private property, classified under the Ontario Building Code as a designated structure, shall be subject to the provisions of the Zoning By- law." That Section 3.33 'Signs' be amended adding the following: a) No person shall erect, install, display or maintain a sign or advertising devise except in the areas permitted by this By- law and then only upon compliance with the provisions of this By-law and/or the Municipal Sign By- law applicable thereto and obtaining a permit from the Chief Building Official and any other appropriate agency. b) Signs shall only be permitted in the following zones, unless otherwise stated in this By- Page 240 of 260 law: o General Commercial (CG); o Local Commercial (CL); o Highway Commercial (CH); o Tourist Commercial (CT); o Rural Commercial (CR); o Institutional (I); o Light Industrial (M1); o General Industrial (M2); o Rural Industrial (MR); o Wrecking Yard (WY); and, o Residential First Density for a Home Occupation use. c) All signs shall be consistent with the provisions of Section 3.1 'Accessory Uses' unless otherwise stated in this By- law. d) No person shall erect any illuminated sign or illuminate in an area outside any building unless such illumination is directed away from adjoining properties and any adjacent streets. e) Obsolete signs which no longer advertise a bona fide business conducted, or products sold shall not be permitted. f) Where this section is inconsistent with the regulations respecting sign, legal on or near County Page 241 of 260 Roads made or administered by the United Counties of Stormont, Dundas and Glengarry, or public highways made or administered by the Ministry of Transportation (MTO), the more restrictive regulation shall apply. 2021-14 Section 2 Section 3 Section 5 The area affected by this By-law includes all lands within the boundaries of the Municipality of South Dundas. That Section 2 'Definitions' be amended by removing the definition for 'Accessory Apartment'. That Section 2 'Definitions' be amended by inserting the following definition immediately following 'Accessory': Addition Residential Unit means a separate dwelling unit which is either located in a single detached dwelling, semi-detached dwelling, rowhouse or an accessory building or structure. That Section 3 'General Provisions' be amended by removing subsection 3.1 (g) Accessory Apartments. That Section 3 'General Provisions' be amended as follows: That Section 3.27 'Parking Requirements' (a) be amended by inserting the following to the Table provided: Additional Residential Unit 1 parking space for additional residential unit Page 242 of 260 That Section 3 'General Provisions' be amended to include the following subsection: 3.42 'Additional Residential Units' Notwithstanding any provisions of this By-law, Additional Residential Units may be permitted and shall comply to the following: a. For any zone that permits a single detached dwelling, semi-detached dwelling, or row house dwelling, the following shall also be permitted: i. One additional residential unit within a single detached dwelling, semi-detached dwelling or rowhouse dwelling; and, ii. One additional residential unit in an accessory building or structure which is permitted and ancillary to the single detached dwelling, semi- detached dwelling or rowhouse dwelling. b. Additional Residential Units shall be subject to the corresponding zone provisions if in the primary structure. c. For Additional Residential Units in an accessory structure, the general provisions for accessory uses shall apply. d. Additional Residential Units on a lot which abuts a lake or Page 243 of 260 watercourse or designated as wetland as being subject to Site Plan Control Approval. e. Additional Residential Units shall be subject to the setbacks from water identified in Section 3.32 (b) of the Zoning By-law. f. Additional Residential Units on lots that are serviced by a private well require the submission of a Hydrogeology Report by a qualified individual confirming that the well has capacity for the proposed development if privately serviced. g. Additional Residential Units on a lot serviced by a private sewage system requires the submission of a Terrain Assessment, by a qualified individual that demonstrates that the septic system has capability for servicing the proposed use or makes recommendations for appropriate alterations that will accompany the creation of the unit. h. Additional Residential Units may not be severed from the lot containing the primary residential use. That Section 5.1 'Residential First Density (R1) Zone' be amended by removing "Accessory Apartment" from the list of permitted uses. That Section 5.5 'Residential Hamlet (RH) Zone' be amended by removing Page 244 of 260 "Accessory Apartment" from the list of permitted uses. 2021-19 RU-40 0506 006 00017785.0000 Section 11.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 11.1(1) for the lands zoned RU-40, the following uses shall be permitted: Open Storage Notwithstanding the zone requirements of Section 11.1 (2) for the lands zoned RU-40 the following provisions shall apply: Lot Area (minimum) 5,095 m2 Lot Frontage (minimum) 48m Rear Yard Depth (minimum) 5m Interior Side Yard Depth 5m (minimum) A strip of Landscaped Open Space that is a minimum width of 3 metres along the rear yard and northerly interior side yard. Solid visual screening with a minimum height of 1.5 metres shall be provided along the front yard, rear yard and northerly interior side yard. Any combination of plant materials, landscaped berms or fencing may be used. 2021-36 A-70 0506 006 00816400.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the zone requirements of Section 10.1 (2) (b) for the lands zoned A-70, the minimum required lot frontage for a Page 245 of 260 single detached dwelling shall be 8 metres. 2021-37 A A-31 RU 0506 001 00611002.0000 The area shown on Schedule 'A' to this By-law shall henceforth be zoned Rural (RU) and Agricultural (A) 2021-38 RH-30 0506 001 01011800.0000 "RH-30 (Pt. Lot 31, Concession 5) Williamsburg" Notwithstanding the zone requirements of Section 5.5 (1) and (2) for the lands zoned RH-16, the following additionally permitted uses and zone requirements shall apply: Antique shop Assembly hall Auction barn Automobile Dealership Automobile Service Station Automobile Store Bake shop Bank Boutique Business Catering Establishment Clinic Commercial Patio Communications Facility Dressmaker Dry Cleaning - Outlet Dry Cleaning - Plant Farmers Market Financial Service Funeral Home/Chapel Garden Centre Page 246 of 260 Gift Shop Home Improvement Centre Hotel Laundromat Motel Office Parking Area and ParkingGarage Personal Service establishment/Shop Pet Shop Private Club Rental Establishment Restaurant Retail Store Service Outlet Shopping Centre Studio (photo, artistic) Tailor Shop Tavern Theatre Tourist Lodging Establishment Transportation Depot Vehicle Sales or Rental Establishment Veterinary Establishment Dwelling Units located above and/or attached to a permitted commercial use, in the same building as the commercial use Page 247 of 260 Existing Residential Uses Lot Area (minimum): 1,050 m² Lot Frontage (minimum): 17 m Front Yard Depth (minimum): 2 m Interior Side Yard Width (minimum): 1 m and 1.5 m 2021-42 Section 2 1. That Section 2 'Definitions' be mended 2. by altering the definition for Marine Facility: 3. a) Deleting "having a maximum height 5.0 m which is used for moor, berth or store a boat" 4. b) Inserting "having a maximum height 8.0 m which is used for moor, berth or store a boat" 2021-57 0506 001 01026000.0000 The area shown on Schedule 'A' to this By-law shall henceforth be zoned Residential Hamlet (RH) 2021-65 A-71 A-72 0506 001 00769000.0000 0506 001 00769005.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the zone requirements of Section 10.1 (2) (a) for the lands zoned A-71, the minimum required lot area for an agricultural use shall be 196,968 m² (42 acres) Notwithstanding the zone requirements of Section 10.1 (2) (a) and (c) for the lands zoned A-72, the minimum required lot area of a single detached dwelling shall be 3,358 m² (0.83 acres) and the minimum front yard depth shall be 10 m (32.8 ft). Page 248 of 260 2021-66 A-73 A-74 0506 006 00596200.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-73, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the zone requirements of Section 10.1 (2) for the lands zoned A-73, the minimum required lot area for an agricultural use shall be 64,749 m² (16 acres) and the minimum lot frontage shall be 140m (459ft). Notwithstanding the permitted uses of Section 10.1(1) for the lands zoned A-74, the following uses shall not be permitted: Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use Notwithstanding the zone requirements of Section 10.1 (2) for the lands zoned A-74, the minimum required lot area for an agricultural use shall be 206,360 m² (51 acres) and the minimum lot frontage shall be 80m (262.4ft). Page 249 of 260 2021-67 RH-t-2 0506 006 0067000.0000 Section 5.1 (1) is hereby amended by inserting the following: Notwithstanding the permitted uses of Section 5.1(1) for the lands zoned RH, the following uses shall be permitted as the primary use for three (3) years from the date of passing: - Garage - Dwelling unit above the garage 2021-77 M1-8 0506 008 00082200.0000 0506 008 00081600.0000 0506 008 00071800.0000 Section 8.1 (3) is hereby amended by inserting the following: "M1-8 (8 JOHN STREET RCP 97; LOT 2, PART OF LOT 3 PART OF 24 AND 26 DUNDAS STREET; RCP 97 PART LOTS 10 AND 11 (FORMER GEOGRAPHIC VILLAGE OF IROQUOIS), Notwithstanding the requirements of Section 8.5 (2) to the contrary, for the lands zoned M1-8, the following provision shall be applied: No additional setback shall be required from the M1-8 zone to the adjacent Institutional zone. 2021-78 R4-1 CG CH M2 A RU That Section 2 'Definitions' be amended by inserting the following definition immediately following 'Farmer's Market': Fence means a barrier, including one for noise attenuation, or any structure, except a structural part of a building, that wholly or partially screens from view, encloses or divides a yard or other land, or marks or substantially marks the boundary between adjoining land, and includes any hedge or shrub that has the same effect. Page 250 of 260 That Section 3 'General Provisions' be amended as follows: be amended by inserting the following: 3.43 'Fence': A fence shall be permitted in any zone in accordance with the relevant provisions of this By-law and the following: a. The maximum fence height shall not exceed 2 m, measured from the established grade, unless otherwise stated in this by- law; b. No fence shall be erected so as to obstruct a sight triangle as defined in the zoning by- law; and c. Fences shall conform to any Municipal or County Fence By-law, which provisions as may be enacted under the Municipal Act, or Provincial requirement for fences that abut provincial lands That Section 5.4 (3) Residential Fourth Density Special Exception 1 (R4-1) Zone be amended as follows: a) Deleting "Campbell Street" and replacing it with "Pilot Way" That Section 6.1(1) General Commercial (CG) Zone' be amended by removing 'business' from the list of permitted uses Page 251 of 260 That Section 6.3(1) 'Highway Commercial' be amended by inserting the following as immediately following 'rental establishment': 'Retail Store' That Section 8.2(3) General Industrial Special Exception 5 (M2- 5) Zone be amended by removing 'Morrisburg' and replacing with the following: Northwest side of Van Allen Road and Laurier Drive intersection That a 2m interior side yard setback be applied to the subject property. That Section 10.2(3) Agriculture Special Exception 8 (A-8) Zone be amended by inserting the following immediately below 'Mobile home as a secondary dwelling to an agricultural use': All Surplus Farm lots which have been created through the consent process will be acknowledged through this zone, regardless of zone provision compliance for lot area, lot frontage and existing buildings, structures and uses. That the following Agriculture Special Exceptions zones be re- zoned to A-8 on the appropriate schedules, and remaining Agriculture Special Exception zones be shown as "For Future Use": - A-39 -A-59 - A-43 -A-60 - A-44 -A-65 Page 252 of 260 - A-47 -A-66 - A-49 -A-67 - A-50 -A-68 - A-52 -A-70 - A-53 -A-71 - A-55 -A-73 - A-57 -A-74 That Section 10.1(3) Agriculture Special Exception 22 (A-22) Zone be amended by insert the following below 'auto repair shop': Notwithstanding the zone requirements for Section 10.1 (2) for the lands zoned A-22, the minimum front yard depth shall be 8m. That Section 10.1(3) Agriculture Special Exception 23 (A-23) Zone be amended by removing 'Loucks Road' and replacing it with 'Young Road' That Section 11.1(2)(c) is being amended to increase the Lot Coverage for a single detached dwelling to 20%. 2021-85 A-35 0506 006 00674850.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1 and 3.1 to the contrary, for the lands zoned A-35, any use existing on the date of passing of this By-law is permitted, including any new addition and/or accessory structures that conform to the provisions of this By-law. An accessory building of 300 square metres may also be permitted prior to construction of the main dwelling. The conditional approval of any new development will be subject to a submission of studies demonstrating Page 253 of 260 that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. 2021-86 RH-31 0506 006 00832000.0000 Section 5.5 (4) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.5 to the contrary, for the lands zoned RH-31 the following zone requirements shall apply: Lot Area (minimum): 2900 m2 Exterior Side Yard (minimum): 6.0m 2021-91 CH-9 0506 002 00535000.0000 Section 6.3(3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 6.3 to the contrary, for the lands zoned CH-9 the following permitted uses shall also apply: fitness centre medical office laundromat storage facility motel 2021-92 A-76 0506 006 00707400.0000 Section 5.5(4) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.2 to the contrary, for the lands zoned A-76 the following zone requirements shall apply: Lot Area (minimum): 76,000 m2 2021-93 CG-16 0506 006 00773200.0000 Section 6.1(3) is hereby amended by inserting the following: Page 254 of 260 In addition to the permitted uses of Section 6.1(1) for the lands zoned CG-16, the following uses shall also apply: mini warehouse storage 2022-16 A-78 0506 001 00773200.0000 Section 10.1(3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-78 the following uses shall not be permitted: dwelling accessory to an existing agricultural use dwelling accessory to a kennel or veterinary establishment mobile home only as a secondary dwelling to an agricultural use existing dwelling single detached dwelling The conditional approval of any new development will be subject to a submission of studies demonstrating that the proposed development would not preclude or hinder access to the resource, the expansion or continued use of the resource, or which is incompatible for reasons of public health or safety or environmental impact. 2022-17 A-77 A-79 0506 006 00877200.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1 (2) to the contrary, for the lands zoned A-77, the following zone requirement shall apply: Page 255 of 260 Lot Frontage (minimum): Single detached dwelling 25 m A-79 Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-79 the following uses are not permitted: No new and/or additional dwellings. 2022-35 RH-32 0506 006 00782200.0000 Section 5.5 (4) is hereby amended by inserting the following: Notwithstanding the provisions of Section 5.5 to the contrary, for the lands zoned RH-32 the following zone requirements shall apply: Lot Area (minimum): 1740 m2 Lot Frontage (minimum): 32m Front Yard (minimum): 4.5m The existing steeple shall be considered a permitted height exemption under Section 3.13 of the By-law 2022-36 A-80 0506 001 00778600.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-80 the following zone requirements shall apply: Lot Frontage (minimum): 30m 2022-37 A-81 0506 006 00588600.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-81 all residential uses shall be prohibited, and the following zone requirements shall apply: Page 256 of 260 Lot Area (minimum): 8.2 hectares Lot Frontage (minimum): 60m 2022-38 MR-5-h 0506 001 0037200.0000 Section 8.4 (4) is hereby amended by inserting the following: Notwithstanding the provisions of Section 8.4 to the contrary, for the lands zoned MR-5-h the following zone requirements shall apply: a) A minimum setback of 7.0 m shall be required from any part of a principal building or structure from the edge of the TransCanada pipeline right- of-way. b) A minimum setback of 3.0 m shall be required from any part of an accessory building or accessory structure from the edge of the TransCanada pipeline right-of-way. c) A minimum setback of 7.0 m from the nearest portion of a TransCanada pipeline right- of-way shall also apply to any parking area or loading area, including any parking spaces, loading spaces, stacking spaces, bicycle parking spaces, and any associated aisle or driveway. In accordance with Section 4.4, the holding symbol will not be removed from these lands until such time as the Municipality has entered into a site plan control agreement. Page 257 of 260 2022-64 A-82 0506 006 00813000.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-82 the following uses shall not be permitted: dwelling accessory to an existing agricultural use dwelling accessory to a kennel or veterinary establishment mobile home only as a secondary dwelling to an agricultural use existing dwelling single detached dwelling Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-82, the following zone requirements shall apply: Lot Area (minimum): 178,000m2. 2022-65 A-83 0506 006 00806600.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1 to the contrary, for the lands zoned A-83 the following uses shall not be permitted: dwelling accessory to an existing agricultural use dwelling accessory to a kennel or veterinary establishment mobile home only as a secondary dwelling to an agricultural use existing dwelling single detached dwelling Page 258 of 260 Notwithstanding the provisions of Section 10.1 (2) (a) to the contrary, for the lands zoned A-83, the following zone requirements shall apply: Lot Area (minimum): 137,000m2. 2022-87 RU-h (1) 0506 006 00132000.0000 Section 11.1 (4) is hereby amended by inserting the following: Notwithstanding the provisions of Section 11.1 to the contrary, for the lands zoned RU-h (1) the following uses shall not be permitted unless a plan of subdivision has been registered on the lands: dwelling accessory to an existing agricultural use dwelling accessory to an agricultural use, kennel or veterinary establishment mobile home only as a secondary dwelling to an agricultural use single detached dwelling. The holding (h) symbol will not be lifted until the Municipality is satisfied that a plan of subdivision has received final approval by the land division approval authority. 2022-104 A-84 0506 006 00811600.0000 Section 10.1 (3) is hereby amended by inserting the following: Notwithstanding the provisions of Section 10.1(2) to the contrary, for the lands zoned A-84, the following shall apply: Lot Area (minimum): 130,000 m2 And the following uses shall not be permitted: Page 259 of 260 Dwelling accessory to an existing agricultural use Single detached dwelling Dwelling unit accessory to an agricultural use, kennel or veterinary establishment Mobile home as a secondary dwelling to an agricultural use 2022-114 M2-11 0506 001 00202500.0000 Section 8.2 (3) is hereby amended by inserting the following: In addition to the permitted uses of Section 8.2 (1) for the lands zoned M2-11, the following use shall also apply: Agriculture use. 0506 006 00639600.0000 0506 008 00071600.0000