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THE CORPORATION OF
THE TOWNSHIP OF SOUTH STORMONT
BY-LAW NO. 2011-100
December 14, 2011
Prepared by
J.L. RICHARDS & ASSOCIATES LIMITED
Consulting Engineers, Architects & Planners
864 Lady Ellen Place
Ottawa, Ontario
KlZ 5M2
JLR 22160
December 2023 Office Consolidation
Legend
Amendments to Zoning By-law No. 2011-100 are indicated as follows:
Text that is stroked out has been removed from this by-law.
Text that is highlighted in grey has been added to this by-law.
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By-law No. 2011-100
THE CORPORATION OF THE
TOWNSHIP OF SOUTH STORMONT
BY-LAW NO. 2011-100
TABLE OF CONTENTS
SECTION 1: AUTHORIZATION AND ADMINISTRATION .......................................... 7
1.1
Title ....................................................................................................... 7
1.2
Defined Area ......................................................................................... 7
1.3
Conformity with By-law ......................................................................... 7
1.4
Violations and Penalties ........................................................................ 7
1.5
Remedies .............................................................................................. 7
1.6
Enforcement ......................................................................................... 8
1.7
Existing Uses Continued ....................................................................... 8
1.8
Effective Date ....................................................................................... 8
1.9
Validity .................................................................................................. 8
1.10
Administrator ........................................................................................ 8
1.11
Inspection of Premises ......................................................................... 8
1.12
Licences and Permits ........................................................................... 9
1.13
Other By-laws, Licenses, Permits and Regulations .............................. 9
1.14
Certificate of Occupancy ...................................................................... 9
1.15
Applications and Plans ......................................................................... 9
1.16
Interpretation ...................................................................................... 10
1.17
Imperial Measurement ........................................................................ 12
1.18
Repeal of Existing By-laws ................................................................. 12
1.19
Request for Amendment ..................................................................... 12
1.20
Conflict ............................................................................................... 12
1.21
Notes and Illustrations ........................................................................ 13
1.22
Technical Revisions ............................................................................ 13
SECTION 2: DEFINITIONS ....................................................................................... 14
SECTION 3: GENERAL PROVISIONS ..................................................................... 48
3.1
Accessory Buildings, Structures and Uses .......................................... 49
3.2
Automobile Service Station, Automobile Repair Garage, Gasoline
Bar, Car Washing Establishment ........................................................ 51
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By-law No. 2011-100
3.3
Bed and Breakfast Establishments ..................................................... 52
3.4
Buildings to be Moved ......................................................................... 52
3.5
Cumulative Standards......................................................................... 53
3.6
Established Building Line .................................................................... 53
3.7
Frontage on a Public Street ................................................................ 53
3.8
Garden Suites and Secondary Units ................................................... 53
3.9
Home-Based Business ....................................................................... 55
3.10
Home Industry .................................................................................... 56
3.11
Illumination ......................................................................................... 57
3.12
Intensive Livestock Operations ........................................................... 57
3.13
Landscaping, Screening and Fencing Requirements ......................... 57
3.14
Loading Requirements ....................................................................... 58
3.15
Lots Containing More Than One Use ................................................. 58
3.16
Lots Divided Into More Than One Zone .............................................. 59
3.17
Minimum Distance Separation Formulas ............................................ 59
3.18
Non-Conforming and Non-Complying Uses ........................................ 59
3.19
Occupancy Restrictions ...................................................................... 62
3.20
Open Storage, Sales and Display ....................................................... 62
3.21
Organics Soils .................................................................................... 63
3.22
Outdoor Commercial Patios................................................................ 63
3.23
Parking and Storage of Vehicles ........................................................ 63
3.24
Parts of Buildings or Structures Permitted Above Height Level .......... 70
3.25
Permitted Projections ......................................................................... 71
3.26
Prohibited Uses .................................................................................. 72
3.27
Proposed By-pass Road ..................................................................... 73
3.28
Regulation for Consolidated Lot Development ................................... 73
3.29
Setbacks From Roads and Water ....................................................... 73
3.30
Separation Distances - Group Homes ............................................... 74
3.31
Separation Distances ......................................................................... 75
3.32
Sight Triangle ..................................................................................... 77
3.34
Shipping Containers and Storage Containers..................................... 77
3.35
Temporary Buildings or Structures ..................................................... 81
3.36
Temporary Garage Structures ............................................................ 82
3.37
Through Lots ...................................................................................... 82
3.38
Unstable Slopes ................................................................................. 82
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3.39
Use by Public Authority or Public Utility .............................................. 82
3.40
Wayside Pits and Quarries ................................................................. 82
SECTION 4: ZONE CLASSIFICATIONS .................................................................. 84
4.1
Schedules .......................................................................................... 85
4.2
Boundaries of Zones .......................................................................... 85
4.3
Holding Zones "- h" ............................................................................ 86
4.4
Special Exception Zones "-X" ............................................................. 86
4.5
Temporary Zones "- t" ........................................................................ 86
4.6
Development Reserve (DR) Zones .................................................... 86
SECTION 5: RESIDENTIAL ZONES ........................................................................ 88
5.1
Residential Serviced - First (RS1) Zone ............................................ 88
5.2
Residential Serviced - Second (RS2) Zone ........................................ 92
5.3
Residential Serviced - Multiples (RS3) Zone ..................................... 94
5.4
Residential Single Services - First (RSS1) Zone ............................... 99
5.5
Residential Single Services - Second (RSS2) Zone ........................ 104
5.6
Hamlet Private Services Residential - First (RH1) Zone .................. 106
5.7
Hamlet Private Services Residential - Second (RH2) Zone ............. 109
5.8
Rural Residential Private Services - First (RR1) Zone ..................... 112
5.9
Rural Residential Private Services - Second (RR2) Zone ................ 114
5.10
Residential Mobile Home Park (RMP) Zone .................................... 116
5.11
Additional Provisions for Residential Zones ..................................... 118
SECTION 6: COMMERCIAL ZONES ...................................................................... 119
6.1
General Commercial (CG) Zone ...................................................... 119
6.2
Highway Commercial (CH) Zone...................................................... 123
6.3
Tourist Commercial (CT) Zone ......................................................... 129
6.4
Recreation Commercial (CR) Zone .................................................. 132
6.5
Additional Provisions for Commercial Zones .................................... 134
SECTION 7: INDUSTRIAL ZONES ......................................................................... 135
7.1
Light Industrial (ML) Zone ................................................................ 135
7.2
General Industrial (MM) Zone .......................................................... 137
7.3
Heavy Industrial (MH) Zone ............................................................. 140
7.4
Rural Industrial (MR) Zone ............................................................... 143
7.5
Additional Provisions for Industrial Zones ........................................ 146
SECTION 8: INSTITUTIONAL ZONES ................................................................... 147
8.1
Institutional (I) Zone ......................................................................... 147
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8.2
Additional Provisions for Institutional Zones ..................................... 149
SECTION 9: OPEN SPACE ZONES ....................................................................... 150
9.1
Open Space (OS) Zone ................................................................... 150
9.2
Additional Provisions for Open Space Zones ................................... 152
SECTION 10: AGRICULTURAL ZONES ................................................................ 153
10.1
Agricultural (A) Zone ........................................................................ 153
10.2
Additional Provisions for Agricultural Zones:.................................... 160
SECTION 11: RURAL ZONES ................................................................................ 163
11.1
Rural (RU) Zone .............................................................................. 163
11.2
Additional Provisions for Rural Zones .............................................. 171
SECTION 12: MINERAL RESOURCE ZONES ....................................................... 173
12.1
Mineral Extraction, Pit (MXP) Zone .................................................. 173
12.2
Mineral Extraction, Quarry (MXQ) Zone ........................................... 175
12.3
Mineral Extraction, Reserve (MXR) Zone ........................................ 177
12.4
Additional Provisions for Mineral Resource Zones .......................... 178
SECTION 13: SALVAGE YARD ZONES ................................................................ 179
13.1
Salvage Yard (SY) Zone .................................................................. 179
13.2
Additional Provisions for Wrecking Yard Zones ............................... 181
SECTION 14: WASTE MANAGEMENT ZONES ..................................................... 182
14.1
Waste Management (WM) Zone ...................................................... 182
14.2
Additional Provisions for Waste Management Zones ....................... 183
SECTION 15: FLOOD PLAIN ZONES .................................................................... 184
15.1
Flood Plain (FP) Zone ...................................................................... 184
15.2
Additional Provisions for Flood Plain Zones ..................................... 186
SECTION 16 ........................................................................................................... 187
PROVINCIALLY SIGNIFICANT WETLAND ZONES .............................................. 187
16.1
Provincially Significant Wetland (PSW) Zone .................................. 187
16.2
Additional Provisions for Provincially Significant Wetland Zones ..... 188
SECTION 17: AREA OF NATURAL AND SCIENTIFIC INTEREST ZONES ........... 189
17.1
Areas of Natural and Scientific Interest (ANSI) Zone ....................... 189
17.2
Additional Provisions for Area of Natural and Scientific Interest Zones ........... 190
SECTION 18: DEVELOPMENT RESERVE ZONES ............................................... 191
18.1
Development Reserve (DR) Zone .................................................... 191
18.2
Additional Provisions for Development Reserve Zones ................... 192
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By-law No. 2011-100
THE CORPORATION OF THE TOWNSHIP OF SOUTH STORMONT
By-Law No. 2011-100
BEING
a by-law to regulate the use of all land, including density,
size, location and use of all buildings within its territory.
WHEREAS
the Municipal Act, 2001, c. 25, S. 5 (1) provides that the
powers of a municipal corporation are to be exercised by
its council;
AND WHEREAS
the Municipal Act, 2001, c. 25, S. 5 (3) provides that the
powers of every council are to be exercised by by-law;
AND WHEREAS
an Official Plan was approved for the United Counties of
Stormont Dundas and Glengarry;
AND WHEREAS
the Planning Act, RSO 1990, S. 27 requires that the
Zoning By-law of the Township of South Stormont be
amended to conform to the Official Plan of the United
Counties of Stormont, Dundas and Glengarry;
AND WHEREAS
the Planning Act, RSO 1990, S. 24 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 Stormont that will
be in conformity with the Official Plan.
NOW THEREFORE Council of the Township of South Stormont pursuant to
Section 34 of the Planning Act, RSO 1990, chapter P.13,
enacts as follows:
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By-law No. 2011-100
SECTION 1: AUTHORIZATION AND ADMINISTRATION
1.1
Title
This By-law shall be known as the Zoning By-law or By-law No. 2010-112011-100 of the
Corporation of the Township of South Stormont.
1.2
Defined Area
The provisions of this By-law shall apply to all lands within the boundaries of the
Corporation of the Township of South Stormont.
1.3
Conformity with By-law
No land shall be used and no buildings or structures shall be erected, altered, enlarged,
or used within the Township of South Stormont 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, or remaining lands,
buildings or structures to be in contravention of this By-law.
1.4
Violations and Penalties
Every person who violates any of the provisions of this By-law is guilty of an offense and
upon conviction is liable to a fine prescribed under the Planning Act or other applicable
statute.
Where a conviction is entered under this Subsection, in addition to any other remedy or
any penalty provided by By-law, the applicable court may make an order prohibiting the
continuation or repetition of the offence by the person convicted
Penalties imposed by conviction under this Section shall be recoverable under The
Provincial Offences Act, as amended.
1.5
Remedies
Where any building or structure is erected, altered, reconstructed, extended or enlarged,
or any building or structure or part thereof is used, or any lot is used, in contravention of
any requirements or other provisions of this By-law, such contravention may be removed
or altered by the Township pursuant to the provisions of the Planning Act, or The
Municipal Act.
BY-LAW
2012-074
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By-law No. 2011-100
Where any matter or thing is required to be done by a person under the provisions of this
By-law, the Corporation may direct that in default of it being done by said person, such
matter or thing may be done by the Corporation at the sole expense of the person and
the expenses thereof with interest may be recovered by the Corporation in accordance
with the provisions of the Municipal Act.
1.6
Enforcement
This By-law shall be administered by a person designated from time to time by Council
as the Planning/Zoning Administrator or any other officer or any person acting under his
or her instructions, and no permit for the use of land or for the erection or use of any
building or structure or approval of application for any municipal license within the
jurisdiction of the Council shall be issued or given where the proposed building, structure
or use would be a violation of any provision of this By-law.
1.7
Existing Uses Continued
Nothing in this By-law shall prevent the use of any lot, building or structure for any
purpose prohibited by this By-law if such lot, building or structure was lawfully used for
such purpose on the date of passing of this By-law, so long as it continues to be used for
that purpose.
1.8
Effective Date
By-law No. 2011-100 shall come into full force and effect as of December 14, 2011,
subject to the Provisions of the Planning Act.
1.9
Validity
Should any Section or part of a Section of this By-law or Schedule hereto be declared by
a court of competent jurisdiction to be invalid, the same shall not affect the provisions of
this By-law as a whole or any part thereof other than the part declared to be invalid.
1.10
Administrator
This By-law shall be administered by a person designated from time to time by Council
as the "Planning/Zoning Administrator" or any other officer or any person acting under
his or her instructions.
1.11
Inspection of Premises
The By-law Enforcement Officer, or any other officer or employee of the Corporation
appointed by Council to administer or enforce the provisions of this By-law, or any
person acting under his or her instructions, is hereby authorized, upon producing proper
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identification, to enter at all reasonable times, upon any property or premises to inspect
any property on, or in respect of which he believes on reasonable grounds that this By-
law is being contravened.
Notwithstanding the above, no officer or employee of the Corporation shall enter any
room or place actually being used as a dwelling unit or part thereof without the consent
of the occupier, except under the authority of a search warrant issued under Section
49.1 of the Planning Act, R.S.O. 1990, c.P.13, or any successors thereto. The occupant
shall be informed that the right of entry may be refused and entry made only under the
authority of a search warrant.
1.12
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
Chief Building Official or Planning/Zoning Administrator at the time of application for a
building permit.
Notwithstanding the above, receipt of such approval shall not be deemed to establish
conformity with the provisions of this By-law.
1.13
Other By-laws, Licenses, Permits and Regulations
Nothing in this By-law shall exempt any person from complying with the requirements of
any other By-law in force within the area affected by this By-law, or from applying for and
obtaining any permit, license, permission, authority or approval required by this or any
other By-law or regulation of the Corporation or by any other law in force from time to
time.
1.14
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 Corporation confirming
that the proposed use complies with this By-law.
1.15
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;
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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;
b) the proposed locations and dimensions of yards, landscaped open spaces,
parking areas and loading spaces required by this By-law;
c) the use and location of all existing buildings or structures on the lot; and
d) 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.
1.16
Interpretation
(1)
Definitions
In this By-law, unless the context requires otherwise, the definitions and interpretations
set out in Section 2 hereof shall apply. Words not defined shall have the customary
meaning or as defined in a standard dictionary.
(2)
"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".
(3)
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.
(4)
Severability of Provisions
The provisions, sections or subsections of this By-law are hereby declared to be
separate from each other and the invalidity of any provision, section or subsection does
not affect the validity of any other provision, section or subsection.
(5)
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 there
under. Where this By-law makes reference to the jurisdiction of a public agency and
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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.
(6)
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.
(7)
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.
(8)
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.
(9)
Calculation of Numerical Requirements
Where the application of this By-law results in a numerical fraction the more restrictive
requirement shall apply.
(10)
Road Widenings
Nothing in this By-law shall prevent the use of any land, building or structure or the
erection of any building or structure on a lot which does not conform to the minimum lot
frontage and/or lot area and/or front yard setback and/or setback from road allowance
and in the case of a comer lot, the exterior side yard setback, as a result of a road
widening taken by the Corporation of the Township of South Stormont, the Counties of
Stormont, Dundas and Glengarry, or the Ministry of Transportation of Ontario, provided
all other requirements of this By-law are complied with.
(11)
Dwellings Per Lot
With respect to the number of dwellings permitted on any lot, the by-law intends to
permit the development of a single form of housing on a lot. The actual number
permitted on a lot is identified in each zone, sub-zone or exception zone. For example,
where a semi-detached dwelling is permitted it shall be noted that one (1) dwelling is
permitted on said lot, which is needed to permit the development of the semi-detached
dwelling which is made up of two (2) dwelling units. The same approach is to be used
when developing other multiple forms of housing.
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By-law No. 2011-100
(12)
Prohibited uses
With respect to any lands to which this By-law applies, all uses are prohibited unless
specifically permitted in this By-law.
1.17
Imperial Measurement
This By-law is in metric units only. Where numbers and imperial units appear in
brackets anywhere in this By-law, such numbers and units do not form part of this By-
law. They are to be considered as appendix information only and are so placed only for
the convenience of the user.
1.18
Repeal of Existing By-laws
All existing By-laws of the Township of South Stormont, including the former Township of
Cornwall and Township of Osnabruck, 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.
The adoption of this By-law, however, shall not prevent any pending or future
prosecution of or action to abate any existing violation of the said By-laws if the violation
is also a violation of the provisions of this By-law.
Notwithstanding any other provisions of this By-law, any decision of the Committee of
Adjustment fully in effect will continue to apply for a period of two years from the date of
passing by Council of this By-law to permit the construction that was approved by the
Committee of Adjustment.
Two years after the adoption of this By-law, decisions by the Committee of Adjustment
will be considered as legal non-conforming instead of being addressed as special
exceptions or some other recognition under the general provisions.
1.19
Request for Amendment
Every request for an amendment to this Zoning By-law shall be accompanied by two (2)
complete copies of the Corporation's "Application for Amendment to Zoning By-law"
along with the required fee.
1.20
Conflict
In the event of a conflict between this By-law and amendments thereto and any other
general or special By-law of the Municipality, or by other applicable legislation, the most
restrictive By-law or legislation shall prevail.
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1.21
Notes and Illustrations
Where "notes" and/or "illustrations" are included in this By-law, they are provided for
explanation purposes and do not form a part of this By-law.
1.22
Technical Revisions
Revisions may be made to this by-law without the need for a zoning by-law amendment
in the following cases:
(1) correction of grammar, punctuation or typographical errors or revisions to format
in a manner that does not change the intent of a provision;
(2) adding or revising technical information on maps or schedules that does not
affect the zoning of lands including by not limited to, matters such as updating
and correcting infrastructure information, keys, legends, or title blocks; and
(3) changes to appendices, footnotes, headings, indices, marginal notes, tables of
contents, illustrations, historical or reference information, page numbering,
footers and headers, which do not form a part of this by-law and are editorially
inserted for convenience of reference only.
BY-LAW
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SECTION 2: DEFINITIONS
Abattoir shall mean a building or structure specifically designed to accommodate the
pending and slaughtering of live animals and the preliminary processing of animal
carcasses and may include the packing, treating, storing and sale of the product on the
premises.
Accessory shall mean a use, building or structure naturally or normally incidental,
subordinate and exclusively devoted to a main use, building or structure and located on
the same lot.
Adult Entertainment Use shall mean any premises or part thereof in which is provided,
in 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
includes a body rub parlour.
Adventure Games shall mean an active commercial recreational activity were
participants pay a fee to play combat games in protective gear with paintball guns,
airsoft guns or similar equipment in a designated area.
Aggregate Recycling Facility shall mean a premises used for the recycling of used
aggregate materials such as concrete and asphalt into a usable product but does not
include the operation of an asphalt or concrete batching plant.
Agricultural Machinery Sales and Service shall mean a building and/or lot used
principally for the display and sale of new and/or used agricultural machinery,
accessories and related products and may include the servicing and repair of such
products.
Agricultural Use shall mean the growing of crops, including nursery and horticultural
crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry
and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated
on-farm buildings and structures, including accommodation for full-time farm labour
when the size and nature of the operation requires additional employment. Agricultural
use shall not be construed to include facilities such as commercial activities related to
agriculture such as abattoirs, tanneries and retail sales outlets, or manufacturing and
processing activities involving farm crops or animal products such as cheese factories,
grain mills or retail seed sales and does not include Cannabis Production and
Processing.
Agricultural Use, Small shall mean agricultural use limited to five (5) nutrient units or
less as defined by the Nutrient Management Act and Regulations there under.
Agriculture-related use shall mean those farm-related commercial and farm-related
industrial uses that are small scale and directly related to the farm operation and are
required in close proximity to the farm operation means those farm-related commercial
and farm-related industrial uses that are directly related to farm operations in the area,
BY-LAW
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BY-LAW
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BY-LAW
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support agriculture, benefit from being in close proximity to farm operations, and provide
direct products and/or services to farm operations as a primary activity.
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:
i)
When used in reference to a building, structure or part thereof, means:
to change any one or more of the external dimensions of such building or structure; or
to change the type of construction of the exterior walls or roof of such building or
structure; or
to change the use of such building or structure or the number or types of uses or
dwelling units contained therein.
ii)
When used in reference to a lot means:
to change the boundary of such lot with respect to a street or lane; or
to change any dimension or area, relating to such lot; to change the grade and drainage
pattern of such lot; or
to change the use of such lot or the number of uses located thereon.
Animal Hospital shall mean a building or part of a building used by a veterinary surgeon
where 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.
Art Gallery shall mean a building, place or area where paintings, sculptures or other
works of art are exhibited or sold and may be operated as either a main use or as a
Home-Based Business.
Artist's Studio shall means a building or part of a building used to produce artist's
products including the display and retail sales of artist's supplies and products and may
be operated as either a main use or as a Home-Based Business.
Attached shall mean a building or structure otherwise complete in itself which is
connected to, and which depends for structural support upon a division wall or walls
shared in common with an adjacent building or buildings.
Asphalt Batching Plant shall mean an industrial facility used for the production of
asphalt, or asphalt products, used in building or construction, and includes facilities for
the administration or management of the business, the stockpiling of bulk materials used
in the production process or of finished products manufactured on the premises and the
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storage and maintenance of required equipment, but does not include the retail sale of
finished asphalt products;
Assembly Hall shall mean a Building or Structure or part thereof where facilities are
provided for athletic, civic, educational, political or social events, trade shows,
conferences, fashion shows and may include an arena, auditorium, gymnasium,
stadium, theatre, banquet hall, or similar use.
Auction Sales Establishment shall mean a business establishment engaged in selling
merchandise on an agency basis by the auction method but shall not include the sale of
livestock.
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 or impound yard as
defined herein.
Automotive Rental Establishment shall mean an establishment engaged in the rental
of passenger automobiles or trucks without drivers.
Automotive Repair Garage shall mean a building used for the storage, repair and
servicing of motor vehicles, having at least one (1) service bay where minor repairs
essential to the actual operation of a motor vehicle are performed. This definition does
not include the sale of new or used vehicles or an impound yard or salvage yard as
defined herein.
Automobile Sales or Rental Establishment shall mean an establishment with a sales
office having as its main use the storage of vehicles for sale or the storage of vehicles
for rent or lease. Accessory uses may include facilities for the repair or maintenance of
such vehicles.
Automobile Service Station shall mean a place for supplying fuel, oil and minor
accessories for motor vehicles at retail, direct to the consumer and having at least one
(1) service bay where minor repairs essential to the actual operation of motor vehicles
may be performed. If more than two (2) motor vehicles are kept on the premises for the
purpose of selling such vehicles then such establishment shall be classified as an
automobile sales or rental establishment.
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 thereof where baked foods are made for
retail sale on the premises.
Bakery (Commercial/Industrial) shall mean an establishment where the producing,
mixing, compounding or baking of bread, biscuits, cakes or any other bakery product is
undertaken and may include the retail sale on the premises of finished products.
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shall mean a facility where the primary activities include the mass production, mixing,
compounding or baking of food products to be shipped to off-site retailers, and does not
typically include retail sale of products on the premises.
Bank or Financial Office shall mean a chartered bank, finance company office, co-op,
trust company office, loan company or similar establishment.
Bar shall mean a licensed drinking establishment, the principal business of which is to
serve any sort of beverage alcohol to the public for consumption on the premises, and
includes a pub or tavern.
Basement shall mean that portion of a building below the first storey but which has at
least one-half of its height (measured from finished floor to finished ceiling) above the
average level of ground adjacent to the exterior walls of the building
Bed and Breakfast Establishment shall mean a private dwelling designed to be used
in part for the accommodation of the travelling or vacationing public with sleeping
accommodations in a maximum of four (4) rooms and other related services and
facilities within the occupant's dwelling.
Bingo Hall shall mean a building or premise or part thereof used for bingo or a bingo
event and is duly registered under the Gaming Control Act, 1992, S.O. 1992, c. 24, or a
successor thereto and is in compliance with municipal by-laws and approvals.
Boarding House shall mean a building (that has a building height not exceeding three
storeys and a building area not exceeding 600 m²) in which lodging is provided for more
than four persons in return for remuneration or for the provision of services or for both,
and in which the lodging rooms do not have both bathrooms and kitchen facilities for the
exclusive use of individual occupants.
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
boathouse.
Box Retail shall mean a large retail store whose physical layout resembles a large
square or 'box' when seen from above and is characterized by a large amount of floor
space (often more than 50,000 square feet), a wide array of items available for sale, and
its location in suburban areas.
Broadcasting Studio shall mean a radio, television and/or production studio.
Building shall mean any structure used or intended for sheltering any use or occupancy.
The word "building" shall include the whole of such structure or part thereof and shall
include any building types as regulated by the Ontario Building Code Act, R.S.O. 1992,
c.23, not including recreational vehicles.
i)
Accessory Building shall mean a building customarily incidental and
subordinate to the main use or building and located on the same lot with such
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main use or building.
ii)
Main Building shall mean the building in which is conducted the principle uses
of the lot on which it is situated.
iii)
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 Code shall mean the Ontario Building Code Act, R.S.O. 1992, c.23, and any
successor thereto.
Building Height shall mean the vertical distance between the average finished grade at
the base of the building and in the case of a flat or arched roof the highest point of the
roof surface or parapet wall, whichever is the highest, or in the case of all other types of
roofs the mean height level between the base of the roof and highest point of the roof.
Building Line shall mean a line within a lot drawn parallel or concentric to a lot line
serving to establish the distance between that lot line and any portion of a building or
structure which may be erected as required by the provisions of this By-law.
Building Supply Store shall mean a building 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. This definition shall not include a lumber yard or a salvage yard where used
building supplies are stored, displayed, or kept for retail sale.
Business Training Centre shall mean a building where an employer provides job-
related training or instruction to its employees that is designed to improve job
performance or enhance the career advancement opportunities of those employees.
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 without limiting the
generality of the foregoing, shall include, but shall not be limited to the following:
children's camp or establishment, scout camp, girl guides, religious camp, institutional
camp, or other like or similar camp or establishment.
Campground, Tourist shall mean an area of land providing short term and seasonal
accommodation for tents, recreational vehicles, park model trailers 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.
Cannabis shall mean a genus of flowering plants in the family Cannabaceae. Synonyms
include, but are not limited to, marijuana and marihuana. This definition does not include
the industrial or agricultural production of hemp.
Cannabis Production and Processing shall mean lands, buildings or structures used
for producing, processing, testing, destroying, packaging and/or shipping cannabis
authorized by a federally issued license or registration.
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(i)
Standard shall mean cannabis production and processing with no established
municipal restrictions on operation size;
(ii)
Cannabis Production and Processing, Micro-Cultivation shall mean cannabis
production and processing that is limited to 200m2 of gross plant surface area;
(iii)
Cannabis Production and Processing, Nursery shall mean cannabis production
and processing that is limited to 50m2 of gross plant surface area or "canopy"
and is intended to allow for the creation of "starter" plant material, production of
seeds and to develop new plant varieties.
Canopy shall mean a roof free of enclosing walls over an entrance to a building,
structure or gasoline pump island.
Carport shall mean a covered parking area which is open on at least 40% of the total
perimeter.
Car Washing Establishment shall mean a building or portion thereof used for washing
or cleaning of motor vehicles for gain or profit.
Cardlock Establishment shall mean one or more pump islands designed for the retail
sale of gasoline or diesel fuel using pumps which are operated automatically by custom
access, or similar card systems.
Catering Establishment shall mean an establishment in which homemade meals and
beverages are prepared on a small scale to be served for consumption off the premises.
Cellar shall mean that portion of a building below the first storey which is partly or wholly
underground but which has more than one-half of its height (measured from finished
floor to finished ceiling) below the average level of ground adjacent to the exterior walls
of the building
Cemetery shall mean a place or area used for the burial of deceased persons and shall
include an accessory mausoleum, columbarium but not a pet cemetery.
Cemetery, Pet shall mean a property used for the disposal of material consisting entirely
of the remains of deceased 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.
Clinic shall mean a building used solely for the purpose of consultations, diagnosis and
treatment of patients, by two (2) one (1) or more regulated health-care professionals,
including but not limited to legally qualified physicians, dentists, optometrists,
chiropodists, chiropractors, registered massage therapists, physiotherapists, or drugless
practitioners, together with their qualified assistants and without limiting the generality of
the foregoing, the building may include administrative offices, waiting rooms,
laboratories, pharmacies or dispensaries directly associated with the clinic, but shall not
include accommodation for in-patient care or operation rooms for major surgery.
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Club, Non-Profit shall mean a building or premises used as a meeting place for
members of an organization and may include 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 house, a hostel, labour union hall, Royal Canadian Legion or similar
use.
Commercial Vehicle shall mean a vehicle used for commercial trade or government
services and without limiting the foregoing includes delivery vehicles, emergency
vehicles, motor buses, tractors and tractor trailers and single or multiple axle trucks.
Communications Facility shall mean an installation which transmits, receives and/or
relays communications such as a microwave relay tower, telephone, cellular telephone
tower, radio or television broadcast tower, fiber optic communication infrastructure or
similar facility.
Community Centre shall mean a building, structure or premises where facilities are
provided for the following: athletic, civic, educational, political, recreational, religious,
social events, trade shows, conferences or fashion shows. This definition may include
an arena, assembly hall, auditorium, gymnasium, hall, stadium, theatre or similar use,
operated by a Public Authority.
Compost Facility shall mean premises owned 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 materials.
Conservation Use shall mean the maintenance of the natural environment for the
purpose of preservation, research, observation and outdoor uses such as hiking, hunting
and fishing. This may include the erection and use of trail shelters and other similar
uses ancillary to the foregoing, but shall not include the use of a dwelling, mobile home,
tourist vehicle or tourist trailer.
Concrete Batching Plant shall mean an industrial facility used for the production of
concrete, or concrete products, used in building or construction, and includes facilities
for the administration or management of the business, the stockpiling of bulk materials
used in the production process or of finished products manufactured on the premises
and the storage and maintenance of required equipment, but does not include the retail
sale of finished concrete products.
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, sandblasting or for the operation of a yard for equipment including a truck,
bulldozer, loader and/or backhoe. 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 a building or part of a building used primarily for the
sale of grocery and confectionery items and incidentally for the sale of such other
merchandise as is required to fulfill the day-to-day needs of a surrounding community;
and for automated banking machines, rental of items such as videos, video games or
similar items.
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Corporation shall mean the Corporation of the Township of South Stormont.
Council shall mean the Council of the Corporation of the Township of South Stormont.
County shall mean the Corporation of the United Counties of Stormont, Dundas and
Glengarry.
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.
Day Nursery, Licensed shall mean a place wherein the temporary care of children is
provided in facilities and by staff licensed by the Province of Ontario and operated in
accordance with the provisions of the Day Nurseries' Act, R.S.O. 1990, c. D.2 .
Day Nursery, Private shall mean a place wherein the temporary care of children is
provided, in accordance with the applicable provisions of the Day Nurseries Act, R.S.O.
1990, c. D.2, for a maximum of 5 children.
Deck shall mean a structure abutting a dwelling or building with no roof or walls except
for visual partitions and railings which is constructed on piers or a foundation above-
grade for use as an outdoor living area.
Detached shall mean when used in reference to a building, a building which is not
dependent on any other building for structural support or enclosure.
Development shall mean the creation of a new lot, a change in land use, or the
construction of buildings and structures; but does not include activities that create or
maintain infrastructure authorized under an environmental assessment process; or
works subject to the Drainage Act.
Dressmaker/Tailor Shop shall mean a building or portion thereof, where the business
of individual custom tailoring is carried on, including remodeling, hemstitching and
buttonhole making, but does not include a shop where clothing manufacture is carried
on.
Drive-in Theatre shall mean a form of cinema structure consisting of a large outdoor
screen, a projection booth, a concession stand and a large parking area from which
customers can view movies from the privacy and comfort of their vehicles.
Driving Range shall mean a public or private area operated for the purpose of
developing golf techniques, including a miniature golf course, but excluding a golf
course.
Dry Cleaning or Laundry Outlet shall mean a building or portion thereof 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 portion thereof where dry
cleaning, dry dyeing, cleaning, repairing or pressing of articles or goods of fabric is
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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 beyond the premises.
This definition may include a dry cleaning or laundry outlet.
Dwelling shall mean a detached building occupied or capable of being occupied as the
home, residence or sleeping place by one or more persons, and containing one or more
dwelling units, including a factory built modular home, but shall not include a mobile
home, park model trailer, a tent, bus, boat, vessel, motor vehicle, recreational vehicle,
camper or commercial trailer.
Dwelling, Accessory shall mean a single detached dwelling which is incidental,
subordinate and accessory to a permitted non-residential use, unless such use is
prohibited by the Ontario Building Code, located on the same lot therewith and is
occupied either by the owner of such non-residential use or by a person employed on
the lot where such dwelling is located. For the purposes of this By-Law, a Dwelling,
Secondary Unit (Detached) is not considered a Garden Suite Dwelling, Accessory.
Dwelling, Accessory Apartment shall mean a dwelling unit located within a single
detached dwelling.
Dwelling, Apartment Building shall mean a building containing three (3) or more
dwelling units, but shall not include a townhouse.
Dwelling, Converted 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.
Dwelling, Duplex shall mean a building divided horizontally into two (2) dwelling units
each of which has an independent entrance and may include a common vestibule.
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.
Dwelling, Modular Home shall mean a single detached dwelling that is constructed by
assembling, on a permanent foundation 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.
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.
Dwelling, Secondary Unit (Attached) shall mean a self-contained dwelling unit located
within the principal dwelling. For the purposes of this By-Law, a Dwelling, Secondary
Unit (Attached) shall not be considered an accessory building, structure or use.
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Dwelling, Secondary Unit (Detached) shall mean a self-contained dwelling unit located
within a structure ancillary to the principal dwelling on the same lot. For the purposes of
this By-Law, a Dwelling, Secondary Unit (Detached) shall not be considered an
accessory building, structure or use, a Garden Suite, or a Dwelling, Accessory.
Dwelling, Street Townhouse shall mean a building divided vertically into three (3) or
more dwelling units but not more than six (6) units, having frontage on a public street.
Each unit is attached by common walls extending from the base of the foundation to the
roof line, each dwelling unit having with a separate entrance at grade
Dwelling, Townhouse shall mean a building divided vertically into three (3) or more
dwelling units but not more than six (6) units, having frontage and primary access on a
private street or internal driveway. Each unit is attached by common walls extending
from the base of the foundation to the roof line, with a separate entrance at grade.
Dwelling, Semi-Detached shall mean a building on a single foundation divided vertically
into two (2) separate dwelling units by a common wall.
Dwelling, Single-Detached shall mean a detached building containing one (1) dwelling
unit intended for and capable of supporting year-round occupancy. For the purposes of
this By-law, a Dwelling, Single Detached shall not be considered a Dwelling, Seasonal.
Dwelling, Seasonal shall mean a detached building containing one (1) dwelling unit
intended for seasonal use/occupancy and constructed in accordance with the cottage
standards established under the Ontario Building Code.
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. This shall not include a mobile home, park model
trailer, recreational vehicle, hotel, motel or boarding house.
Dwelling Unit, Accessory shall mean a dwelling unit which is part of and accessory to
a permitted non-residential building unless prohibited by the Official Building Code. Such
dwelling unit shall be occupied either by the owner of such non-residential use or by an
employee on the lot where such dwelling is located.
Easement shall mean the legal right acquired by contract to pass over, along, upon or
under the lands of another.
Equipment Rental Establishment - Domestic shall mean a building or part of a
building wherein the primary use is the rental of machinery, equipment, furniture and
fixtures, only of a size and type which would be used for a specific home improvement or
household purpose and which could be transported by the individual household user.
Equipment Rental Establishment - Industrial shall mean an establishment primarily
engaged in the rental of machinery, equipment, furniture, fixtures and other goods, of a
size and type which would be used for business, industrial and major construction
undertakings or which may involve bulk shipping of such goods, large catering
undertakings, or similar non-household oriented rental functions.
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Equipment Sales Establishment - Industrial shall mean a building or part of a building
or place where machinery or equipment for use in industrial and major construction
undertakings, commercial vehicles, and other similar goods are kept for sale at retail or
wholesale.
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Equipment Service and Repair Establishment - Industrial shall mean a building or
part of a building where any equipment, vehicle, including commercial vehicles, and/or
trailers may be serviced, washed or repaired and may include an equipment body shop.
Equipment and Vehicle Storage Yard - Industrial shall mean an uncovered area
which is used for the storage of machinery and equipment for use in industrial and major
construction undertakings, commercial vehicles, and other similar goods requiring large
areas for outside storage. Limited repair of such machinery, equipment, vehicles and
goods may be permitted in a building provided such repair is clearly incidental and
secondary to the storage use.
Erect shall mean to build, construct, reconstruct, alter or relocate and, without limiting
the generality of the foregoing, shall be taken to include any preliminary physical
operation such as excavating, grading, piling, cribbing, filling or draining, structurally
altering any existing building or structure by an addition, deletion, enlargement or
extension. This includes any work for which a building permit is required under the
Ontario Building Code Act, R.S.O. 1992, c.23.
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 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 legally existing as of the date of the passing of this By-law.
Factory Outlet shall mean a building or part of a building accessory to a permitted
industrial use where products manufactured by that industry are kept for wholesale or
retail sale.
Fairground 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 Sales and Service shall mean a building, structure or area where
farm machinery and farm supplies are kept for sale at retail and may include facilities for
the servicing of such machinery but shall not include any other establishment otherwise
defined or classified herein.
Farm Produce Outlet shall mean a use accessory to a farm which consists of the retail
sale of agricultural products produced on the farm where such outlet is located.
Farm Supply Establishment shall mean a building wherein farm supplies which may
include feed, seed, agricultural chemicals, hardware, farm working apparel, etc., may be
sold or rented.
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Farmers' Market shall mean an establishment or premises where the farm products of a
local farming community are sold at retail from covered or uncovered areas designated
for individual retailers.
Fence shall mean any barrier or structure constructed of chain link metal, wood, stone,
metal, brick or other similar materials or combinations of such materials which is erected
for the purpose of screening, safeguarding, retaining or enclosing property or delineating
property lines.
Financial Institution 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:
i)
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;
ii)
when used with reference to a structure, the average elevation of the finished
surface of the ground immediately surrounding such structure;
iii)
when used with reference to a street, road or highway, the elevation of the street,
road or highway established by the Corporation or other designated authority.
Fire Hall shall mean a building or structure used for the purposes of supporting the
provision of municipal fire protection services and which can include sleeping and dining
facilities for fire fighting personnel, vehicle storage, maintenance, and repair facilities,
training space, and office space.
Flea Market shall mean a street market composed of a series of individual retailer's
booths or tables where sundry, new or secondhand articles, fresh produce or preserves
are offered for sale.
Flood Line shall mean the line defined by the 1 in 100 year flood storm as established
by the Ministry of Natural Resources, Conservation Authority, or other designated
agency or by an approved engineering study.
Flood Plain shall mean the area below the 1:100 year floodline as established by the
Ministry of Natural Resources or other designated agency or by an approved
engineering study.
Floor Area shall mean:
i)
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, veranda, attic, basement or cellar;
i)
for a dwelling or, dwelling unit or dwelling, secondary unit (detached), the total
area of the stories contained within the outside walls of the dwelling or dwelling
unit, or building containing dwelling, secondary unit (detached) exclusive of any
garage, carport, porch, veranda, attic, basement or cellar;
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ii)
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.
ii)
for a building other than a dwelling or dwelling unit or dwelling, secondary unit
(detached), 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.
Fuel Depot, Bulk shall mean land, building or structures used for the bulk storage,
distribution and sale of gasoline, propane, heating oil, diesel, ethanol, natural gas or
motor oil.
Funeral Home shall mean a building or part thereof designed for the purpose of
providing funeral services to the public and includes facilities used for the preparation of
deceased human bodies for the internment or cremation, for the viewing of deceased
persons, but does not include a crematorium.
Furniture and Home Improvement Centre shall mean a retail store specializing in the
sale of home building/design and garden products and the provision of related services.
Goods offered for sale may include lumber, lighting, electrical and plumbing supplies,
hardware, flooring, window coverings, roofing materials, paint/wallpaper, furniture and
appliances, seasonal items, lawn and garden supplies, flowers and plants, shrubs, trees
or similar vegetation, but shall not include a nursery or the bulk storage of unpackaged
sand, gravel, soil, fertilizers or similar material. Related services may include a tool
rental centre and a fast food kiosk, which is not a drive through service facility. Do-it-
yourself training facilities are permitted as an accessory use.
Garage, Private shall mean an accessory building or portion of a dwelling which is
greater than 40% enclosed and designed or used for the sheltering of permitted vehicles
and storage of household equipment incidental to the residential occupancy.
Garden Centre shall mean a lot, building or structure or part thereof used for the
wholesale and retail sale of trees, shrubs, plants, soil, landscaping supplies, garden
ornaments, fertilizers and similar materials, including situations where it is accessory to a
retail store.
Garden Nursery shall mean a lot, building or structure or part thereof used for the
growing and sale of trees, shrubs, plants, soil, landscaping supplies, garden ornament,
fertilizers and similar materials but does not include Cannabis Production and
Processing.
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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. For the
purposes of this By-Law, a Dwelling, Secondary Unit (Detached) is not considered a
Garden Suite.
Gasoline Bar shall mean one (1) or more pump islands, each consisting of one (1) or
more gasoline pumps, and a shelter having a floor area of not more than ten (10) square
metres which shall not be used for the sale of any product other than liquids and small
accessories required for the operation of motor vehicles and may include automatic fuel
vending facilities operated or controlled with credit or debit cards.
Golf Course shall mean a public or private area operated for the purpose of playing golf
and includes a par 3 golf course, a driving range and may include as accessory, a pro-
shop and/or an eating establishment but does not include a miniature course and similar
use operated for commercial purposes.
Golf, Miniature shall mean an area designed for the purpose of a novelty golf game
played with a putter on a miniature golf course having tunnels, bridges, corners or other
similar obstacles.
Grain Drying Facility shall mean any land, buildings or structures wherein agricultural
commodities such as cereal grains, corn, and soybeans are customarily dried.
Greenhouse, Commercial shall mean a building used for the growing of flowers,
vegetables, fruit, shrubs, trees and similar vegetation for wholesale or retail sale, and the
accessory sale of gardening implements, fertilizer, and similar articles. This definition
shall not include any premises used for the growing of mushrooms or Cannabis
Production or Processing.
Group Home, Type 1 shall mean a residence licensed or funded under a federal or
provincial statute for the accommodation of three to ten persons, exclusive of staff, living
under supervision in a single housekeeping unit and who, by reason of their emotional,
mental, physical or social condition or legal status, require group living arrangement for
their well being, but excluding a Group Home Type 2.
Group Home, Type 2 shall mean a group home which is primarily intended to house
persons convicted under the Criminal Code or the Young Offenders Act, such as
Halfway Houses for Ex-Offenders (Charitable Institutions Act), Community Resources
Centres (Ministry of Correctional Services Act), or Group Homes for Young Offenders
(Young Offenders Act). A Group Home Type 2 shall be licensed or approved by either
the Ministry of Community and Social Services or the Ministry of Community Safety and
Correctional Services.
Hereafter shall mean after the date of the passing of this By-law.
Herein shall mean in this By-law, and shall not be limited to any particular section of this
By-law.
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Home-Based Business shall mean an occupation, or enterprise trade, business,
profession or craft carried on as an accessory use within part of a dwelling unit for
pursuits conducted by the occupants thereof provided that:
i)
the use is clearly secondary to the use of the dwelling unit as a private residence;
ii)
the use may include the following: the use includes one or more of the following:
(a)
instruction in or businesses involving music, academic subjects, dancing,
Private Day Nursery, arts and crafts such as pottery, weaving, painting or
sculpting, sewing, hairdressing or similar uses;
(b)
businesses including offices involving work conducted primarily in other
locations, such as those operated by electricians, plumbers, carpenters,
or operators of commercial vehicles, provided that the storage of
commercial vehicles, equipment or materials does not take place at the
residence except in accordance with the provisions of the By-law;
(c)
businesses involving the repair of small appliances, radios, televisions
and similar items, skate or knife sharpening or similar uses;
(d)
an office used by a physician, dentist or other medical practitioner, a
registered massage therapist, an insurance agent, accountant, engineer,
sales person, travel agent, or a person engaged in a similar occupation;
or
(e)
a bed and breakfast, which provides a maximum of four (4) bedrooms for
commercial public use, but which does not contain individual cooking
facilities.
iii)
the use does not include or permit, any wholesale store or vending outlet,
restaurant, kennel, veterinary establishment, eating establishment, convalescent
home, mortuary, funeral home, or any use of a storage yard or plant or any of the
trades, contractors yard, adult entertainment use, automotive body shop,
automotive repair garage, automotive sales or rental establishment, or
automotive service station.
Home Industry shall mean a use which is clearly incidental or secondary to the main
agricultural use or residential use of a single detached dwelling and is conducted either
entirely within a single detached dwelling or in an accessory building to a single
detached dwelling, by an inhabitant thereof. Such use may include a seasonal retail
outlet for farm produce produced on the farm, a workshop for wood workers, carpentry
shop, painters, plumbers, a craft shop, an electrical shop, a small engine repair shop, a
blacksmith shop, but does not include automotive body shop, automotive repair garage,
automotive sales or rental establishment, automotive service station or other similar use.
Hospice shall mean a facility that provides palliative care and attends to the emotional
and spiritual needs of terminally ill patients and their families.
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Hospital shall mean a hospital as defined by the Private Hospitals Act, or a hospital as
defined by the Public Hospitals Act, as amended, but does not include animal or
veterinary hospitals.
Impound Yard shall mean a place where seized or damaged motorized vehicles are
stored for the purposes of being returned to the rightful owner. This definition may
include a towing service but shall not include a salvage yard.
Industrial Uses
Class 1 Industry, 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.
Class 2 Industry, 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 and contractor's shop or yard.
Class 3 Industry, Heavy Industrial Uses shall mean a place of business for
uses characterized as having emissions such as noise, smoke, odor, fumes or
vibrations or extensive outside storage as part of their normal operations. Such
uses include sawmills, pulp and paper mills, refineries, smelting operations,
railway yards, ancillary railway facilities, large scale manufacturing and
processing and similar uses which are intended to be secluded from residential
or other sensitive land uses to limit any potential adverse effects on the
environment or the surrounding areas and public health.
Institution shall mean land, building, structure or part thereof used by any government
agency, organization, group or association, for the promotion of religious, charitable,
educational, medical, benevolent objectives or public service and which is not operated
for profit or gain.
Intensive Livestock Operation shall mean any permanent or semi-permanent facility or
non-grazing area where at least 6 nutrient units of livestock are kept or raised either
indoors or outdoors, and includes all associated manure collection facilities (i.e. lagoons)
where a Nutrient Management Plan has been approved. This includes any high-density
seasonal feeding areas where manure build up may occur in excess of crop
requirements and where mechanical removal and spreading of the manure may be
required.
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Kennel shall mean a building or structure including outdoor areas (i.e. dog runs) where
dogs are kept, bred, boarded, groomed or trained, given medical treatment or housed
for similar purposes for which compensation may be paid and shall include a Humane
Society shelter or pound. This definition shall include any premise whereby four or more
dogs are kept as domestic pets.
Landscaped Open Space shall mean the open unobstructed space from ground to sky
at grade which is suitable for the growth and maintenance of grass, flowers, bushes and
other landscaping and includes any surfaced walk, patio or similar area but does not
include any driveway, sidewalk, or ramp, whether surfaced or not, any curb, retaining
wall, parking area, interior courtyard, or any easement for the purposes of underground
or overhead utilities or services where located within a front yard or exterior side yard.
This may also include a fence.
Lane shall mean:
i)
a subsidiary thoroughfare providing access from within a lot, principally from
parking or loading spaces or from a lot to a public street; or
ii)
a subsidiary public thoroughfare for the sole use of pedestrians and connecting
public streets, open spaces or 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.
Livestock shall mean dairy, beef, swine, poultry, horses, goats, sheep, ratites, fur
bearing animals, deer & 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.
Livestock Sales Outlet shall mean a building or structure where cattle, goats, sheep,
horses, swine or the young thereof other livestock are bought and sold.
Loading Space shall mean a space or bay located on a lot or within a building which is
used or intended to be used for the temporary parking of any commercial vehicle while
loading or unloading goods, merchandise, or materials in connection with the use of the
lot or any building thereon, and which has unobstructed access not necessarily in, a
straight line to a street.
Lot shall mean a parcel of land which is capable of being legally conveyed in
accordance with the provisions of the Planning Act.
Lot, Corner shall mean a lot situated at the intersection of two or more streets having an
angle of intersection not exceeding 135 degrees. In the case of a curved street, such
angles shall be formed by their tangents drawn from the points where the side lot lines
meet the street line but does not include a lot abutting the bulb of a cul-de-sac or a
turning circle.
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Lot, Flag shall mean any lot which gains frontage on to a public street through the use
of a narrow strip of land which is an integral part of the lot and includes a panhandle, key
or flag lot.
Lot, Interior shall mean a lot situated between adjacent lots and having frontage on only
one street or private right-of-way.
Lot, Through shall mean a lot bounded on two opposite sides by streets; provided,
however, that if any lot qualifies as being a corner lot and a through lot, as hereinbefore
defined, such lot shall be deemed a corner lot for the purpose of this By-law.
Lot, Through Waterfront shall mean a lot which abuts more than one water body.
Lot, Waterfront shall mean a lot which abuts a water body regardless of whether it has
access to a street or private right-of-way.
Lot Area shall mean the total horizontal area measured within the limits of the lot lines of
the lot.
Lot Coverage shall mean the percentage of lot area at grade of all buildings and roofed
structures on a lot. For the purposes of this definition, decks, patios, swimming pools,
and all accessory buildings, excluding detached garages, are not to be included within
the lot coverage calculation.
Lot Frontage shall mean the horizontal distance between the side lot lines. Where such
side lot lines are not parallel it shall be the width of a lot measured between the
intersections of the side lot lines with a line six (6) metres back from and parallel or
concentric to the front lot line. Arc distances shall apply to curved lines.
Lot Line shall mean a boundary line of a lot or a vertical projection thereof.
Lot Line, Exterior Side shall mean a lot line located between the front and rear lot lines
and dividing the lot from a street.
Lot Line, Front shall mean in the case of an interior lot, the line that divides the lot from
the public street. In the case of a corner lot, the shorter lot line abutting a street shall be
deemed to be the front lot line and the longer lot line abutting the street shall be deemed
to be the exterior side lot line except in cases where the principle access to the lot is
deemed to be the front lot line as shown on a site plan which is approved as part of a
Site Plan Control Approval. In the case of a through lot and waterfront lot, the lot line
where the principal access to the lot is provided shall be deemed to be the front lot line.
Lot Line, Rear shall mean the lot line or intersection of the side lot lines, opposite to,
and most distant from, the front lot line.
Lot Line, Interior Side shall mean a lot line other than a front, rear or side exterior lot
line.
Lots of Record shall mean legally created parcels of land, including those which exist
on the date of passing of this By-law, that can be conveyed and are deemed to include
lots in a registered plan of subdivision, parcels created by consent in accordance with
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the Planning Act and/or any other distinct and separate holding, the deed to which is
registered in the Land Registry Office.
Lumber Yard shall mean a lot and building(s) where the primary use is the storage of
construction grade wood for sale at retail or wholesale.
Main Building shall mean a building or buildings designed or used for the principal use
on the lot.
Marina shall mean a commercial establishment where boathouse, boat storage, pier,
dock or jetty facilities are available for any type of marine pleasure crafts and may
include fuel pumps and facilities for the sale, rental, servicing, repair and maintenance or
marine craft and buildings or structures for the supply of marine craft accessories or
refreshments and may include an eating establishment.
Micro-Brewery shall mean a building used for the making of beer on a small scale and
may include tasting and dining facilities and the retail sale of related items which occupy
no more than 25% of the total floor area to a maximum of 400 m2. This definition shall
also include a small batch brewery.
Mini Warehouse and Storage shall mean a commercial building or part of a building
wherein general merchandise, vehicles, furniture and household goods are all stored in
separate, secured storage areas or lockers which are generally accessible by means of
individual loading doors.
Mobile Home Park shall mean land which has been provided and designed for the
location thereon of two or more occupied mobile homes for non-transient use.
Mobile Home Site shall mean a parcel of land for the placement of one mobile home
and the exclusive use of its occupants. Where a park has been developed by plan of
subdivision, a mobile home site may be a lot as herein defined.
Monument Sales and Manufacturing shall mean a place where cemetery monuments
and related articles are manufactured and/or displayed for sale
Motor Speedway shall mean an establishment where motor vehicle racing,
competitions and training occur on a track or course (i.e. motocross, go-cart, ATV, stock
car racing or other similar type of facility or course). Accessory uses to the motor
speedway include, concession stands for the sale of food and souvenirs, grand stands,
buildings for vehicle maintenance and storage, and may include overnight camping.
Municipal Drain shall mean a drain constructed under Section 4 of the Ontario
Drainage Act and dedicated by by-law as a municipal drain, to regulate the water table
or water level within or on any lands and maintained by the municipality.
Municipality shall mean the Corporation of the Township of South Stormont.
Museum shall mean the use of land, buildings or structures for the purposes of
assembling, preparing and displaying a collection of articles and artifacts illustrating
science, art, ancient life or other subjects and includes accessory uses such as facilities
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for repair, renewing and storage and may include retail outlets for souvenirs and
refreshments.
Non-Complying when applied to a use, building or structure, shall mean a use, building
or structure which, on the date of the passing of this By-law, is listed as a permitted use
in the zone where it is located but which contravenes one or more of the provisions of
the zone in which such use, building or structure is located.
Non-Conforming shall mean a use, building or structure which, on the date of the final
passing of this By-law, was not a permitted use in the zone where such use, building or
structure is located, but which was lawfully used for such purpose as of the date of
passing of this By-law.
Nursing Home shall mean a building in which the proprietor supplies for hire or gain,
lodging with or without meals and, in addition, provides nursing, medical or similar care if
required; and shall include a rest home, convalescent home, home for the aged or
domiciliary home, but shall not include any other establishment otherwise defined or
classified herein.
Occupy shall mean to be established in, dwell in, be in residence in, establish yourself
in, ensconce yourself in, tenant, reside in, lodge in, take up residence in, make your
home, abide in or arranged to be inhabited.
Office, Business or Professional shall mean a building or portion thereof, designed,
intended or used for the practice of a profession, the carrying on of a business and/or
the conduct of public administration, and where one or more individuals and/or
professionally qualified persons provide services to clients. This definition includes such
uses as travel agency, insurance agency, newspapers office, communications office,
laboratory and research facility, lawyer's office, architect's office, planner's office,
engineer's office, or similar use, but shall not include a medical/dental office clinic or any
other use otherwise defined or classified in this By-law.
Official Plan shall mean the Official Plan of the United Counties of Stormont, Dundas
and Glengarry or parts thereof and amendments thereto and any Official Plan which may
be adopted by the Corporation under the Planning Act, R.S.O.1990, c. P.13.
Open Storage shall mean the storage of goods, merchandise or equipment outside of a
building or structure on a lot or portion thereof which is accessory to a permitted primary
use, 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 or soft
drink coolers or ice freezers occupying an area not greater than four (4) square metres.
This definition shall not include the open storage of goods or equipment which are
incidental to the residential occupancy of a lot.
Organic Soils shall mean soils containing more than 17% organic carbon by weight,
commonly known as peat, muck, bog or fen soils as defined by the Nutrient
Management Act, 2002.
Outdoor Commercial Patio shall mean an outdoor area adjoining a restaurant, a bar or
a tavern, consisting of outdoor tables, chairs and related decorations and fixtures, and
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where meals or beverages are served to the public for consumption on the premises.
An outdoor café may be located within the public road right-of-way where an
encroachment agreement exists between the operator and the Municipality. This
definition may also be subject a non-profit club or other similar organization.
Outdoor Recreational Facility shall mean an establishment which provides
recreational activities primarily located outside of a building such as lawn bowling, tennis
court, model airplane flying or similar activities.
Park shall mean an area consisting largely of open space which may include a
recreational area, playground or playfield or similar use. Such parks may include therein
one or more of the following: swimming pool, wading pool, refreshment pavilions, tennis
courts, boating facilities, gardens or similar uses, but shall not include a recreational
commercial establishment, campground, mobile home park or tourist camp.
Parking Aisle shall mean a portion of a parking area or a commercial parking lot which
abuts a parking space on one or more sides and which provides access from the parking
space to a street, and which is not used for vehicular parking.
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 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 Lot, Public shall mean a lot or portion thereof used for the temporary storage
or parking of four (4) or more vehicles and available for public use either free, for
compensation or as an accommodation to customers, but does not include the sale of
new or used vehicles or the storing of impounded or wrecked vehicles.
Parking Space shall mean an area exclusive of driveways or aisles, used for the
temporary parking or storage of one motor vehicle.
Parking Space, Barrier Free shall mean a parking space that is reserved for the
exclusive use of vehicles displaying a valid physically disabled permit.
Passive Recreational Use shall mean enjoyment of the natural environment through
non-intensive activities that are passive in nature and cause minimal impact on the
natural features and functions of an area. Passive recreations uses include access trails,
nature appreciation or educational activity, bird watching, outdoor education and
associated facilities, but do not include recreational buildings, sports fields and golf
courses.
Permitted Uses shall mean a use which is listed under the heading "Permitted Uses" in
the zone where such use is located or as authorized under the General Provisions of this
By-law.
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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.
Personal Service Establishment shall mean an establishment wherein a personal
service is performed. This definition may include a barber shop, beauty salon,
registered massage therapy business, shoe repair, photographic store or a dry cleaning
distribution station or a similar use.
Pet Shop shall mean a shop or place where animals, small reptiles, fish or birds for use
as pets are sold, kept for sale or groomed and where pet supplies and pet foods are sold
but does not include a shop or place for the breeding or overnight boarding of pets.
Pit shall mean any open excavation other than a Quarry made for the removal of
unconsolidated aggregate such as soil, earth, clay, marl, sand, gravel or unconsolidated
rock or mineral in order to supply material for construction, manufacturing or industrial
purposes but shall not include rehabilitated land or an excavation incidental to the
erection of a building or a structure for which a building permit has been granted by the
Municipality, or an excavation incidental to the construction of any public works and
includes accessory uses such as screening, washing and storage of such materials.
Place of Amusement shall mean an establishment operated for commercial gain or
profit wherein amusement facilities are provided such as a video arcade or penny
arcade, billiard or pool room, pinball machines and video games.
Place of Assembly shall mean a place designed and use to accommodate gatherings
of people such as clubs, reception halls, conference centres, legion halls, assembly halls
and lodges, and for events such as trade shows, banquets, and political or other
conventions.
Place of Worship shall mean lands or buildings used for worship by an association of
persons that is:
i)
charitable under the laws of the Province of Ontario or the Federal Government;
ii)
organized for the advancement of religion and for the conduct of religious
worship, service or rites;
iii)
permanently established as to the continuity of its existence, and
iv)
may include accessory uses such as a residence for the caretaker or head of
congregation, a nursery school, a church day nursery, a church assembly hall or
auditorium, a school of religious education, convent monastery, parish hall or
similar use.
Portable Asphalt Plants 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;
such facility is not of permanent construction, but is designed to be dismantled and
moved to another location as required.
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Premises shall mean the area of a building or lot occupied or used by a business or
enterprise. In a multiple tenancy building occupied by more than one (1) business, each
business area shall be considered a separate premises. Each individual unit proposed
and/or registered in a draft Plan of Condominium shall also be considered individual
premises.
Printing and Publishing Establishment shall mean a building or part thereof used
primarily for printing, regardless of the method, and publishing of newspapers,
periodicals, books, maps and similar publications and also includes the sale and
servicing of printing and duplicating equipment.
Produce Stand shall mean a covered or uncovered seasonal establishment or premises
wherein produce, meat, flowers, fruit and/or other food items are sold.
Public Authority shall mean the Township of South Stormont, the United Counties of
Stormont, Dundas and Glengarry, a Conservation Authority, and any department of the
Governments of Ontario or Canada, including Ontario Power Generation, Hydro One,
Cornwall Electric and any Boards or Commissions thereof. It shall also include any
telephone corporation, any pipeline facility, natural gas distribution system, any cable
company or any other utility.
Public Street shall mean a public thoroughfare under the jurisdiction of the Corporation,
the County or the Province of Ontario. This definition shall not include a private road.
i)
Road Allowance shall have a corresponding meaning to that of a Public Street.
ii)
Improved Street shall mean a Provincial Highway, County Road or a Municipal
Road which has been assumed by the respective authority and is maintained on
a year-round basis.
iii)
Unimproved Street shall mean a road allowance under the jurisdiction of the
Province, County or Municipality which has not been brought up to standard and
is not maintained on a year-round basis.
iv)
Private road shall mean a street which is privately owned that serves two or more
lots.
Public Use shall mean a building, structure or lot used by a public authority.
Quarry shall mean land or land under water other than a Pit from which consolidated
aggregate (such as shale, stone, limestone, dolestone, sandstone, marble, granite, rock
or other prescribed material) is being or has been excavated, and that has not been
rehabilitated, but does not mean land or land under water excavated for a building or
other work on the excavation site and includes accessory uses.
Recreational Commercial Establishment shall mean an establishment, premises, or
building where any recreational, social or cultural uses are operated commercially for
profit on lands in private ownership, such as health clubs, open or covered skating or
curling rinks, pools, open or covered badminton or tennis courts, squash courts, bowling
alleys, gymnasium, marinas, bandshell or open theatre, and other similar uses but does
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not include a casino or bingo hall, go-kart, motorcycle, all terrain vehicle riding facilities
or similar uses.
Recreational Vehicle shall mean any vehicle so constructed that is suitable for being
attached to a motor vehicle for the purpose of being drawn or is self-propelled. The term
recreational vehicle includes the following: motor homes, travel trailers, tent trailers,
campers, snowmobiles, ATVs, seadoos and boats, but shall not include a mobile home.
Recreational Vehicle Sales, Rental and Storage Establishment shall mean a covered
or uncovered area which is used for the rental, display, storage and/or sale of
recreational vehicles.
Recycling Depot shall mean any building, portion of building or area in which solid non-
hazardous recyclable material such as glass, paper, cardboard, plastic, metal and other
similar products is collected, sorted, treated and/or processed, and which will be
transferred to another location for reuse and includes a transfer station. This definition
does not include any other type of waste management facility.
Recycling Yard shall mean a fenced yard area in which solid recyclable material is
collected, sorted, and/or processed and may include materials from construction and
demolition projects such as wood, drywall, brick, concrete, asphalt shingles and glass.
Research and Development Centre shall mean a place used for systematic research,
data collection and manipulation, or technical or scientific development of information or
new products, and may include a research laboratory; but excludes industrial and
manufacturing operations other than those required as part of the research.
Residence Surplus to a Farm Operation shall mean an existing habitable farm
residence that is rendered surplus as a result of farm consolidation (the acquisition of
additional farm parcels to be operated as one farm operation).
Restaurant shall mean a building or structure or portion thereof where food is prepared
and offered for sale to the public for consumption within the premises and may include a
take-out facility clearly secondary to the principal use. This definition includes uses such
as taverns, sports bars, and similar establishments.
Restaurant, Take-out shall mean a restaurant that does not have seating capacity for
diners and instead sells food and beverages over the counter for pick-up by the
consumer for outdoor consumption and/or off the premises, or delivers food and
beverages directly to the consumer for consumption off the premises, whether located in
a building, a motor vehicle or a trailer.
Retail Store shall mean a building wherein goods, wares, merchandise, substances or
articles are offered for sale or lease to the general public, and may include the limited
storage of goods, wares, merchandise, substances or articles, and shall not include any
other use defined herein.
Retail Tourist Gift/Craft Shop shall mean a building wherein gifts and crafts are offered
for sale and may include the limited storage of gifts and crafts and shall not include any
other use defined herein.
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Riding Stable shall mean lands and buildings or structures used for the housing of
horses and may include a riding school, riding arena, boarding stables, tack shop and
other related uses.
Salvage Yard shall mean an establishment where goods, wares, merchandise, articles
or things are kept, repaired or processed wholly or partly in the open, for further use and
offered for sale. This definition may include a scrap metal yard, an automobile wrecking
yard and/or towing service.
Sawmill shall mean a building, structure or area where timber from elsewhere is cut or
sawed, either to finished lumber or as an intermediary step.
Sawmill, Portable shall mean a small, often gasoline powered, sawmill used for
personal or semi professional use, suitable for producing limited volumes of boards or
specialty milling such as oversized timber.
Screening shall mean a continuous fence, wall, compact evergreen hedge or
combination thereof supplemented with landscape planting, that would effectively screen
the property which it encloses, and is broken only by access drives and walks.
School shall mean a public educational establishment operated by a Board of
Education, or as provided for in the Education Act
School, Commercial shall mean an educational establishment other than a School
wherein teaching or instruction is offered for gain in such fields as academics, dancing,
music, art, golf, business or trade, and any other such specialized school conducted for
gain, and also includes such fields as a studio for photography and arts and crafts.
School, Private shall mean an educational establishment other than a School, wherein
academic subjects are taught generally at the private expense of those enrolled in the
establishment.
Seasonal Camp shall mean a commercial or non-commercial establishment which
provides eating, sleeping, recreational and related facilities for use by groups and
includes children's camps, church camp, Boy Scout camps; Girls Guide camps,
YM/YMWCA camps and similar uses.
Secondhand Shop shall mean a building or part of a building in which used goods,
wares, merchandise, substances, articles or things are offered or kept for sale at retail
and may include such uses as a flea market, a pawnshop, an antique store, an
opportunity shop or similar use.
Sensitive Land Use shall mean any building, structure, use or associated amenity area
(indoor or outdoor) where humans may be adversely affected by adjacent industrial-type
land uses including, but not limited to residential uses, day care facilities, places of
worship, schools, or playgrounds.
Service or Repair Shop shall mean a building or portion thereof where, 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.
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Setback shall mean:
i)
With reference to a road or street, the least horizontal distance between the
centre line of a street allowance specified in Section 3.29 and the nearest
building line.
ii)
With reference to a water body, the distance between the high water mark, flood
plain or any other approved water level and the nearest building line.
Shipping Container shall mean 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, with or without wheels, but does not include a motor vehicle.
Shopping Centre shall mean a group of commercial and service uses designed,
developed and managed as a unit or individual ownership, having the required loading
spaces and off-street parking provided on site and which may include free standing or
attached buildings.
Showroom shall mean a part of a building used for the display of samples, patterns or
other goods and wherein orders are taken for merchandise for future delivery to its
consumers.
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 shall mean any writing, letter work or numeral, any pictorial representation,
illustration, drawing, image or decoration, any emblem, logo, symbol or trademark or any
device with similar characteristics which:
i)
is a structure, or part of a structure, or which is attached thereto or mounted
thereon; and
ii)
is used to advertise, inform, announce, claim, give publicity or attract attention.
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.
Sod Farm shall mean a use of land for the purpose of eventual removal of such grasses
and the soil that supports them for any retail or wholesale commercial purposes.
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Solar Power Installations
a)
Accessory shall mean systems designed to capture the sun's energy and convert
it to electricity. Such systems may be tied to the electrical grid, however they are
clearly secondary and subordinate in nature to the main use on the property.
b)
Commercial shall mean systems designed to capture the sun's energy for the
sole purpose of selling power back to the electrical grid. This definition does not
include those installations which have received a Renewable Energy Approval.
Storey shall mean that portion of a building other than an attic, basement or cellar,
between the surface of any floor and the surface of the floor, ceiling or roof next above it.
Structure shall mean anything constructed or erected, the use of which requires location
on the ground or attached to something having location on the ground and, without
limiting the generality of the foregoing, includes a trailer and a mobile home, but does
not include fences or retaining walls.
Swimming 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 and hot tubs with a depth in excess of 0.61 metres.
Taxi Dispatch Establishment shall mean a building or part of a building used to
dispatch taxi-cabs or limousines for service to the public and may include an ancillary
office and vehicle storage yard.
Theatre shall mean a place where movies are screened and live theatrical performances
or concerts are given on a stage before an audience, but shall not include a drive-in
theatre.
Tourist Establishment shall mean a building designed for the accommodation of the
traveling or vacationing public.
i)
Cabin shall mean an establishment designed to accommodate person(s) in a
detached building.
ii)
Hotel shall mean an establishment containing five (5) or more guest rooms
served by a common entrance. Accessory uses may include beverage rooms,
dining rooms, meeting rooms and similar uses.
iii)
Motel shall mean a building or buildings designed or used for the
accommodation of the travelling or vacationing public, containing therein five (5)
or more guest rooms, each guest room having a separate entrance directly from
outside and may include an accessory eating establishment, meeting rooms,
ancillary retail or service commercial or recreational facilities provided for the
conveniences of motel patrons, a pool, banquet rooms, public dining rooms and
any premises licensed under the Liquor License Act, R.S.O. 1990, but shall not
include hotels as herein defined.
Transfer Station shall mean a building, structure or enclosed or screened area where
trucks or transports containing waste are temporarily stored, loaded or unloaded.
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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.
Transportation Terminal shall mean land, or a structure or a building where
commercial vehicles are kept for hire, rental and/or lease, or stored and/or parked for
remuneration and/or from which such vehicles are dispatched for hire as common
carriers and where such land, structure or building may be used for the storage and/or
distribution of goods, wares, and merchandise, but shall not include the storage and/or
distribution of waste materials.
Use shall mean the purpose for which a lot or a building or a structure is designed,
arranged, occupied or maintained.
Vehicle shall mean an automobile, boat, commercial vehicle, farm implement,
motorcycle, recreational vehicle, snowmobile or trailer.
Veterinary Establishment shall mean a building or portion thereof used for a veterinary
practice where domestic animals, or other livestock are kept for treatment, including
surgery and where veterinary drugs and other related products including pet food and
supplies may be dispensed or sold and where all functions take place within the building
but shall not include a kennel or research facility.
Video Rental Outlet shall mean a building or part of a building wherein the primary use
is the rental of movies and may include the rental of video games.
Warehouse shall mean a building or structure or portion thereof used or intended to be
used for the bulk storage of goods, merchandise, or material.
Waste Disposal Site shall mean a site which is licensed or approved by the Ministry of
the Environment and/or its agents where garbage, refuse, domestic or industrial waste,
excluding radioactive or toxic chemical wastes is disposed of or dumped.
Water Access shall mean that any lot having a lot line or portion thereof which is also a
shoreline, shall be deemed to have water access.
Water Body shall mean any bay, lake, river, natural watercourse and/or canal or
channel but shall not include an irrigation or drainage channel.
Wayside Pit or Quarry shall mean a temporary open excavation, not located on a road
right-of-way, made for the removal of any soil, earth, clay, marl, sand, gravel or
unconsolidated rock or mineral, opened and used by a public road authority or their
agent, solely for the purpose of a particular project or contract of road construction. This
definition may include a portable asphalt plant, and associated washing or screening
operations but shall not include:
i)
any excavation incidental to the erection of a building or structure for which a
building permit has been issued; or
ii)
any excavation incidental to the construction of any public works.
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Winery shall mean the use of lands, buildings or structures for the production of wine
and wine related products. The winery may also include an accessory retail outlet, a
warehouse outlet and warehouse.
Wind Turbine/Generating System
a)
Accessory shall mean a structure or structures which harness wind energy for
the primary purpose of on-site consumption. Such structures can be tied into the
electrical grid; however their primary purpose is to provide power to the buildings
and uses located on-site.
b)
Commercial shall mean a structure or structures which harness wind energy for
the sole purpose of selling it back to the electrical grid for off-site consumption.
This definition does not include those installations which have received a
Renewable Energy Approval.
Workshop shall mean land and/or a building or portion thereof 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.
Yard shall mean the area between the building and a lot line that, except for landscaping
or accessory buildings and projections specifically permitted elsewhere in this By-law, is
unobstructed above grade.
Yard, Exterior Side shall mean a side yard adjacent to a public street and future road
allowance.
Yard, Front shall mean a yard extending across the full width of the lot between the
front lot line and a line drawn parallel or concentric thereto and through the point of the a
wall of a main building closest to the front lot line.
Yard, Interior Side shall mean a yard extending from the front yard to the rear yard
between the side lot line and a line drawn parallel or concentric thereto and through the
point of the a wall of a building closest to the side lot line.
Yard, Rear shall mean a yard extending across the full width of the lot between the rear
lot line and a line drawn parallel or concentric thereto and through the point of the a wall
of a main building closest to the rear lot line.
Zone shall mean a designated area of land use demarcated on the Schedules attached
hereto.
Zoning Administrator shall mean the officer or employee of the Corporation charged
with the duty of enforcing the provisions of this By-law.
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SECTION 3: GENERAL PROVISIONS
3.1
Accessory Buildings, Structures and Uses
3.1.1
Where a lot is devoted to a permitted use, customary accessory uses and
structures are authorized except:
(a)
All accessory uses, buildings and structures to a permitted principle use shall
be located on the same lot and in the same zone as the principle use;
(b)
The use of any accessory building for human habitation is not permitted
except where specifically listed as a permitted use;
(c)
No accessory use shall be erected closer to a front lot line or the exterior side
lot line, or a rear lot line adjacent to a street than the minimum front yard
setback required for the main building. Notwithstanding the provisions of this
By-Law to the contrary, an accessory building or structure to be used for
security purposes for Cannabis Production and Processing may be located
within a required front yard setback for the main building, subject to approval
from the Township;
(d)
No accessory building shall be erected closer than 1.2 metres to any interior
side lot line or rear lot line;
(e)
No accessory building or structure shall be erected prior to the erection of
the main building;
(f)
In any Residential Zone accessory uses, excluding open swimming pools,
shall not cover more than 10% of the lot area. For the purposes of this By-
Law, a Dwelling, Secondary Unit (Detached) and Garden Suite shall be
included in the calculation of accessory lot coverage, and;
(g)
Notwithstanding the provisions of this by-law to the contrary, where an
accessory building is located within a required yard for the main use and it is
adjacent to the St. Lawrence River or Hoople Bay, the maximum building
height shall be 3 metres.
3.1.2
Private swimming pools, both above ground and in-ground both open and
covered, shall be permitted subject to the By-laws of the Corporation regarding
swimming pools and the following requirements:
(a)
Open Pools
(i)
Open Pools shall not be constructed closer than 2.0 metres (6.56 ft.) to
any lot line measured to the edge of water. Associated aprons, platforms
shall be permitted in accordance with subsection 3.25.
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(ii)
No part of an Open Pool including an associated apron or platform shall
be constructed closer to a street line than the requirements for a main
building in the zone within which it is located.
(b)
Covered Pools
(i)
Covered pools not attached to main building shall conform with the
accessory building requirements contained in subsection 3.1.1.
3.1.3 An outdoor furnace shall be permitted as an accessory use provided:
(a)
It is located in a Rural Zone or Agricultural Zone;
(b)
The outdoor furnace shall comply with the zoning standards for the main
building from any property line and be a minimum of one hundred meters
(100 m) from any dwelling on an adjacent lot or 15 m from any building on the
same property; and
(c)
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.
3.1.4 Accessory solar power installations may be installed in any zone, subject to the
following provisions:
(a)
Freestanding accessory structures shall not be located in the front yard.
3.1.5 Wind Turbines structures which harness wind energy for the primary purpose of
on-site consumption may only be erected in Rural Zones, subject to the following
provisions:
(a)
Such structures are restricted to a maximum height of 17 m; and
(b)
Such structures are setback from the lot line by the maximum height of the
structure (i.e. to the tip of the blade).
3.1.6 Docks
Notwithstanding any other provisions contained in this By-law, docks shall be permitted
on lands adjacent to a water body or adjacent to a waterbody and Ontario Power
Generation lands, subject to the following provisions:
(a)
Docks may be located in the front yard, side yard or rear yard where a lot
abuts a navigable waterway, provided that the approval of any governmental
authority having jurisdiction has been obtained;
(b)
A minimum of 4.5 metres setback is maintained from the nearest adjacent lot
line;
(c)
Docks shall not encroach on adjacent frontage when lot boundaries are
extended into the water.
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3.2
Automobile Service Station, Automobile Repair Garage, Gasoline Bar, Car
Washing Establishment
Notwithstanding any other provisions contained in this By-law, for all zones within which
an automobile service station, automobile repair garage, gasoline bar, and/or car
washing establishment is permitted the following shall apply:
(a)
the minimum distance of any building or structure (other than a sign or a
pump) from any street line shall be 9 metres and 3 metres from any other
lot line;
(b)
the minimum distance between the pump island, pumps and their related
overhead canopies and any lot line shall be 8 metres from the rear or side
(exterior or interior) lot line and 6 metres from any front lot line with the
exception of front lot lines adjacent to a Provincial highway where the
minimum distance shall be 8 metres;
(c)
the minimum distance of any advertising sign from any street line shall be
5 metres and 3 metres from any other lot line;
(d)
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 greater than 10 metres
and there shall not be more than two accesses from any one street which
adjoins the lot;
(e)
the minimum distance between any entrance, or exit, and street intersection
shall be 12 metres and the minimum distance between accesses shall be
9 metres;
(f)
where the lot is a corner lot, no portion of any gasoline pump island shall be
located closer than 6 metres to a corner lot sight triangle;
(g)
a strip of landscaped open space, a minimum of 2 metres wide shall be
provided along any lot line abutting a street, and such landscaped open
space shall be continuous, except for accesses, to the lot; and
(h)
where a car washing establishment abuts a residential zone, the following
requirements will apply:
(i)
notwithstanding any other requirement of this By-law for a lot
abutting lands zoned for residential use, a car washing
establishment shall not be permitted on any lot having a lot area of
less than 3000 m² and shall be located on such lot no closer than
20 metres to any lot line abutting such residential zone;
(i)
no washing or drying operations will be permitted except within the
building designed for the purpose of the car washing
establishment;
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(ii)
the building shall be so designed that vehicles will egress from the
building after washing and drying operations by means of a door
located in the wall of the building which is furthest removed from
any lot line(s) of abutting lands zoned for a residential use; and
(iii)
any portion of the lot which is situated 6 metres or less from the lot
line(s) which abut lands zoned for residential use shall be used for
no other purpose than landscaping, including the planting of trees
and shrubs and the erection and maintenance of screening, walls
and fences.
3.3
Bed and Breakfast Establishments
The following provisions shall apply to bed and breakfast establishments:
(a)
A bed and breakfast establishment shall only be permitted in an owner
occupied single detached dwelling and shall be limited to a maximum of four
(4) guest rooms per establishment;
(b)
A bed and breakfast establishment shall not be established or operated in an
accessory building;
(c)
One (1) parking space shall be provided per guest room in addition to a
minimum of one (1) space for the existing dwelling;
(d)
A bed and breakfast establishment shall not be a nuisance with regards to
noise, traffic, parking and visual character. The Bed and Breakfast
Establishment shall not change the residential character of the dwelling and
no exterior alterations shall be made to the dwelling which are not customarily
found on a dwelling. Expansions of the dwelling shall not exceed twenty
percent (20%) of the original dwelling size; and
(e)
A bed and breakfast establishment may have a sign no more than 0.5 m² in
area and shall be located no closer than 5 m to any lot line.
3.4
Buildings to be Moved
No building or structure not including trailers intended for use on a highway, shall be
moved within the limits of the Corporation or shall be moved from outside the
Corporation into the Corporation 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
permit all applicable permits has been obtained from the Chief Building Official and any
other approval authority (i.e., Ministry of Transportation, United Counties of Stormont,
Dundas and Glengarry, etc).
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3.5
Cumulative Standards
Where a building, structure or lot accommodates more than one use, the requirements
of this By-law with respect to lot area, loading spaces and parking spaces shall be the
sum of the requirements of the separate uses thereof.
3.6
Established Building Line
Notwithstanding the yard and setback provisions of this By-law to the contrary, where a
permitted building is to be erected on a lot where there is an established building line,
such permitted building may be erected closer to the street line or the centreline of the
street 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 on the date of passing of this By-law.
3.7
Frontage on a Public Street
No building or structure shall be erected in any zone unless the lot on which such
building or structure is located has frontage on and direct access to an improved street,
unless the lot on which such building or structure is to be located was in existence on the
date of passing of this By-law and has access to an improved street by a private right-of-
way. 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, or a lot subject to a Condominium Agreement or a Common Elements
Agreement, approved by Council
3.8
Garden Suites and Secondary Units
Notwithstanding the provisions of this By-Law to the contrary, all Garden Suites and
Dwelling, Secondary Units shall comply with the following provisions:
a) No Garden Suite or Dwelling, Secondary Unit shall be established on a lot until the
eligible principle dwelling has been established. For the purpose of this Section,
eligible principle dwellings include:
i. Dwelling, Single Detached;
ii. Dwelling, Duplex;
iii. Dwelling, Semi-Detached;
iv. Dwelling, Townhouse;
v. Dwelling, Street Townhouse.
b) For a lot containing a Dwelling, Single Detached, Dwelling, Semi-Detached or
Dwelling, Townhouse or Street Townhouse, a maximum of one (1) Garden Suite
or Dwelling, Secondary Unit is permitted per eligible principal dwelling/dwelling
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unit. For a Dwelling, Duplex, a maximum of one (1) Garden Suite or Dwelling,
Secondary Unit is permitted per lot.
c) A Garden Suite or Dwelling, Secondary Unit shall not be severed from a lot
containing the eligible principle dwelling.
d) A Garden Suite or Dwelling, Secondary Unit must contain adequate kitchen,
washroom and sleeping accommodation/facilities independent from the eligible
principal dwelling.
e) A Garden Suite or Dwelling, Secondary Unit shall only be permitted where
adequate servicing exists or can be made available to accommodate the use, to
the satisfaction of the Township. Furthermore, the Garden Suite or Dwelling,
Secondary Unit must be serviced via accessory connection to at least one (1) of
the existing services in place for the eligible principal dwelling.
f) A Dwelling, Secondary Unit (Detached) shall not be permitted on an undersized
lot.
g) The minimum gross floor area for a Garden Suite or Dwelling, Secondary Unit
(Detached) shall be 45 m2 (484.38 ft2). Comply with the requirements of the
Ontario Building Code.
h) The maximum gross floor area for a Garden Suite or Dwelling, Secondary Unit
(Detached) shall be limited in accordance with the accessory lot coverage
calculation outlined in Section 3.1.1(f). Notwithstanding this, no Garden Suite or
Dwelling, Secondary Unit (Detached) shall have a gross floor area larger than 95
m2 (1,022.57 ft2). the principle dwelling.
i)
Parking to accommodate a Garden Suite or Dwelling, Secondary Unit shall be
provided in accordance with Section 3.23, and must share the same entrance and
parking area provided for the eligible principal dwelling unit. Notwithstanding this,
for a Garden Suite or Dwelling, Secondary Unit located on a corner lot, a separate
entrance and parking area may only be permitted where it would not result in more
than one (1) entrance to the respective yard and would not adversely impact local
infrastructure or adjacent properties, as determined by the Township in its sole
discretion.
j)
A secondary Unit (Attached) shall be accessed via a private entrance from outside
the building or from a common vestibule inside the building. The creation of a
Dwelling, Secondary Unit (Attached) must not result in any new exterior doorway
entrance added to the front wall of the eligible principle dwelling, whether before,
during or after the creation of the Dwelling, Secondary Unit (Attached).
k) A Garden Suite or Dwelling, Secondary Unit (Detached) shall not be permitted on
a lot where it would be ancillary to an interior (middle) dwelling unit that is part of a
Dwelling, Townhouse or Dwelling, Street Townhouse.
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height. In the Agricultural (A) and Rural (RU) zones, a Garden Suite or Dwelling,
constructed to a height of 6.1 metres (20 feet), subject to compliance with the siting
accordance with the standards applicable for accessory buildings in the respective
setback from the lot line adjacent to the window(s) and/or entrance(s) shall be 4
Secondary Unit (Detached) constructed within the minimum rear yard setback for
l)
A Garden Suite or Dwelling, Secondary Unit (Detached) shall be limited to one (1)
storey and be no more than 4.5 metres (14.76 feet) in height.
shall be limited to one (1) story and be no more than 4.5 metres (14.76 feet) in
Secondary Unit (detached) shall be limited to two (2) stories, and may be
provisions of Section 3.8(m) and the respective zone.
m) Siting for a Garden Suite or Dwelling, Secondary Unit (Detached) shall be in zone.
Notwithstanding this, Where the wall of a Garden Suite or Dwelling, a main
use contains one (1) or more windows and/or entrance(s), the minimum
metres (13.12 feet).
n) A Garden Suite or Dwelling, Secondary Unit (Detached) shall be located no closer
than 3 metres (9.84 feet) to the principal dwelling unit.
o) All Garden Suites shall be established as a temporary use pursuant to Section 39
of the Planning Act.
3.9
Home-Based Business
Home-Based Businesses shall be permitted accessory to any residential use in
accordance with the following provisions:
(a)
The business is conducted by the permanent residents of the dwelling;
(b)
The total amount of floor area used and devoted for the home-based
business shall not exceed 25% or 40m² of the floor area of the dwelling,
whichever is lesser;
(c)
There shall be no external display or advertising of the home occupation
home based-business, with the exception of a small unlit facial sign, not to
exceed 0.5 m2;
(d)
Where instruction is carried on, no more than six (6) pupils are in attendance
at one time;
(e)
The activity shall not create or become a nuisance, in regard to noise, odour,
vibration, traffic or parking;
(f)
No mechanical or electrical equipment shall be used except that reasonably
consistent with the use of a dwelling;
(g)
No open storage of materials shall be permitted;
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(h)
No storage of hazardous materials such as paints or other flammable
corrosive or explosive substance shall be permitted except that reasonably
consistent with the use of a dwelling;
(i)
Not more than two (2) motor vehicles used for commercial purposes are kept
on the premises but no such vehicle, in whole or in part, shall be located on
any public road allowance;
(j)
The only retail sales permitted shall be for those products substantially made
on site or which are accessory and essential to the business. Retail sales
shall not occupy more than 10m² of the maximum 40m²;
(k)
No more than two (2) people, other than the permanent residents of the
dwelling, shall be engaged employed in the business; and
(l)
Off-street parking shall be located on the same lot and shall conform to the
minimum standards required for uses in the zone. An additional parking
space shall be provided for each non-resident employee.
3.10
Home Industry
A Home Industry shall be in accordance with the following provisions:
(a)
No more than 25% of the gross floor area of the residential dwelling unit, or
40 m² whichever is the lesser, shall be used for the purpose of a Home
Industry;
(b)
No more than 75 m² when located in an accessory building;
(c)
Open storage may be permitted provided that it be for the materials required
for the purposes of the Home Industry and that such storage is a minimum of
15 metres from any lot line and a minimum of 45 metres from a dwelling
located on another lot and that no more than 40 m² of lot area is used for the
open storage;
(d)
The activity shall not create or become a nuisance in regard to noise, odour,
vibration, traffic or parking;
(e)
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. Retail sales and related storage areas shall not occupy more than
10 m² of the maximum 40 m² of a residential dwelling unit or 75 m² of an
accessory building;
(f)
There shall be no more than two (2) commercial vehicles parked at any one
time on the property;
(g)
There shall be no external display or advertising of the home industry, with
the exception of a small unlit facial sign, not to exceed 1 m2;
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(h)
No more than two (2) people, other than the permanent residents of the
dwelling, shall be engaged employed in the business; and
(i)
Off street parking shall be located on the same lot and shall conform to the
minimum standards required for the uses in the zone. An additional parking
space shall be provided for each non-resident employee.
3.11
Illumination
Illumination of buildings and grounds shall be permitted provided that:
(a)
Illumination shall e directed downwards, not cause direct or indirect glare on
a street that may interfere with traffic or pedestrian safety;
(b)
Illumination shall not consist of a colour or be so designed or located that it
may be confused with traffic signal; and
(c)
Illumination shall not cause direct or indirect glare on land or buildings in a
residential zone.
3.12
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:
(i)
that the operation, including the manure storage and livestock facilities, shall
conform with the Minimum Distance Separation II (MDS II); and
(ii)
that the said facilities are constructed in accordance with an approved
Nutrient Management Plan.
(b)
Nutrient Management Plan
No intensive livestock operation or associated manure storage facility shall be
established or enlarged until a Nutrient Management Plan is completed to the
satisfaction of the appropriate Provincial ministry and the Corporation.
3.13
Landscaping, Screening and Fencing Requirements
As per Municipal Property Standards and Fencing By-laws, as amended.
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3.14
Loading Requirements
For every building or structure hereafter erected for a commercial or industrial use,
involving the shipping, loading or unloading of persons, animals, wares, merchandise,
goods or raw materials, there shall be provided and maintained on the lot occupied by
the building or structure loading facilities or spaces in accordance with the following
requirements:
(a)
Each loading space shall have a minimum vertical clearance of 4.5 metres
and shall be at least 3.5 metres wide by 14 metres long;
(b)
The required loading spaces shall be provided on the lot occupied by the
building or structure for which the spaces are required and such spaces 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;
(c)
Access to loading spaces shall be by means of a lane at least 3.5 metres
wide for one way traffic and 6 metres wide for two way traffic and located on
the same lot. Access to loading spaces shall not pass through a Residential
Zone;
(d)
The number of required loading spaces shall be based on net floor area of
the building or structure as follows:
(i)
Commercial
Net Floor Area
Spaces Required
Less than 200 m2
None
Over 200 m2
1 per 2000 m2 or part thereof
(ii)
Industrial
Net Floor Area
Spaces Required
less than 200 m2
0
200 - 500 m2
1
500 -2000 m2
2
Over 2000 m2
3
(e)
The loading space requirements stated in (d) shall not apply to buildings or
structures in existence as of 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 additional
loading spaces shall be provided as required above for such addition.
3.15
Lots Containing More Than One Use
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Where a lot contains or is proposed to contain more than one use, each use shall
conform to the provisions of this By-law for the Zone where such use is located.
3.16
Lots Divided Into More Than One Zone
Where a lot is divided into more than one zone, each such portion of the lot shall be
used in accordance with the provisions of this By-law for the Zone where such portion of
the lot is located. Each such portion of the lot shall be considered a separate lot for the
purpose of determining zone requirements. This provision shall not be used to allow
more than one dwelling on a lot.
Notwithstanding the foregoing, for lots which are partially in a holding zone, or
Provincially Significant Wetland Zone, ANSI Zone or Flood Plain Zone, the entire lot
shall be used to determine zone requirements such as area, frontage, coverage and
setbacks.
3.17
Minimum Distance Separation Formulas
(a)
Notwithstanding any other provisions contained in this By-law to the contrary, no
new residential, commercial, institutional or industrial use, located on a separate
lot and permitted by its zoning, shall be erected or altered unless it complies with
the Minimum Distance Separation I (MDS I) Formula, as amended from time to
time. However, in the event of a conflict between the calculated MDS I setback
distance and any other established setback contained herein, the most restrictive
setback shall apply. The above provision shall not apply to those lots legally
existing as of the date of passing of this By-law; and
(b)
Notwithstanding any other yard or setback provision of this By-law to the
contrary, no livestock facility nor associated manure storage facility shall be
erected or expanded unless it complies with the Minimum Distance Separation II
(MDS II) Formula, as amended from time to time. However, in the event of a
conflict between the calculated MDS II setback distance and any other
established setback contained herein, the most restrictive setback shall apply;
and
(c)
Where an existing building does not conform to the Minimum Distance
Separation requirements, the above provisions shall not apply in cases of
rebuilding after a fire or damage through causes beyond human control, provided
that the rebuilding does not further diminish the existing separation.
3.18
Non-Conforming and Non-Complying Uses
(a)
Continuance of Existing Uses
Nothing in this By-law shall apply to prevent the use of any land, building or structure for
any purpose prohibited by the By-law if such land, building or structure was lawfully used
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for such purpose on the day of the passing of the By-law so long as it continues to be
used for that purpose.
(b)
Less than Minimum Yard Requirements Alterations to Non-Conforming Use,
Building or Structure
Where a building or structure is non-conforming, the building or structure may not be
enlarged except by permission granted by the Committee of Adjustment or by
amendment to this By-law.
(c)
Prior Building Permits
Nothing in this By-law shall prevent the erection or use of any building or structure for
which a building permit has been issued under the Building Code Act prior to the passing
of this By-law, so long as the building or structure when erected is used and continues to
be used for the purpose for which it was erected and provided the permit has not been
revoked under the Building Code Act.
(d)
Road Widenings
Nothing in this By-law shall prevent the use of any land, building or structure or the
erection renovation of any existing building or structure on a lot which does not conform to
the minimum lot frontage and/or lot area and/or front yard setback and/or setback from
road allowance and in the case of a comer lot, the exterior side yard setback, as a result of
a road widening taken by the Corporation, the Counties of Stormont, Dundas and
Glengarry, or the Ministry of Transportation of Ontario, provided all other requirements of
this By-law are complied with.
(e)
Repair Strengthening of Existing Buildings or Structures
Nothing in this By-law shall prevent the strengthening to a safe condition of any legal
non-conforming building or structure or portion thereof, provided that the alteration or
repair does not increase the height, areas or volume and the use of such building or
structure is not changed, unless changed to a permitted use.
(f)
Rebuilding or Repair of Existing Buildings or Structures
Nothing in this By-law shall prevent the rebuilding or repair of a legal non-conforming
building or structure that is damaged by involuntary means subsequent to the date of
passing of this By-law, provided that:
(i)
the external dimensions of the original building or structure are not increased
and that the use of such building or structure is not altered;
(ii)
its relationship to site boundaries or high-water mark is not altered;
(iii)
reconstruction or restoration is commenced within twelve (12) months of the
date on which the damage took place; and
(iv)
a non-conforming building located in a flood plain area may be reconstructed
in accordance with the floodproofing or other requirements of the South
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Nation Conservation, Raisin Region Conservation Authority or the Ministry of
Natural Resources.
(g)
Alterations to Non-Complying Buildings and Structures
Nothing in this By-law shall prevent the renovation, addition or repair of an existing legal
non-complying building or structure provided that the lot can be adequately serviced.
Such renovation, addition or repair shall not:
(i)
increase the portion of lot coverage if such lot coverage exceeds the
applicable maximum permitted herein;
(ii)
further reduce the size (i.e., distance) of any part of any yard adjoining that
portion of such building or structure which is less than the applicable
minimum required yard required herein;
(iii)
further reduce the setbacks from a water body;
(iv)
further reduce the distance between any two (2) buildings if such distance is
less than the applicable minimum setback required herein;
(v)
increase the height of such building or structure if such dimension exceeds
the applicable maximum building height permitted herein;
(vi)
further reduce the dwelling unit area of any dwelling unit if it is less than the
applicable minimum dwelling unit area required herein;
(vii)
further reduce the portion of the lot used for landscaping purposes if such
portion is less than the applicable minimum landscaping area required herein;
or
(viii)
contravene any other zone provisions.
(h)
Existing Undersized Lots
Notwithstanding anything else contained in this By-law, where a lot having a lesser
frontage and/or area than is required by this By-law is held under distinct and separate
ownership from adjoining lots, according to the registrar for land in the Land Titles, or
Registry Office, on the date of the passing of this By-law, it may be used for a purpose
permitted in the zone in which the said lot is located, provided that it can be adequately
serviced and all other applicable provisions in this By-law are complied with. In the
zones where there are more than one set of zone requirements (i.e. Agricultural and
Rural) these provisions shall apply only to the applicable set of zone requirements.
(i)
Accessory Buildings
Nothing in this By-law shall prevent the erection of a building accessory to a non-
conforming use provided that such accessory building conforms with all relevant
provisions of this By-law.
(j)
Less than Required Floor Area
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Nothing in this By-law shall prevent the enlargement of a permitted non-complying
dwelling 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.
(j)
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
3.19
Occupancy Restrictions
(a)
Human habitation shall not be permitted in any of the following buildings,
structures or parts thereof:
(i)
accessory use, or marine facility, except a permitted sleeping cabin;
(ii)
any truck, bus or similar vehicle, recreational vehicle if located outside of a
Tent and Trailer Park or Camping Area, coach, trailer, streetcar body or
railway car whether or not the same is mounted on wheels; or
(iii)
any mobile home located outside of a Mobile Home Park unless it has been
approved under Section 3.18 or Section 3.19(b) of this By-law.
(b)
A mobile home shall be permitted as a temporary residence for a period not
exceeding twelve (12) months during the reconstruction of a conventional
dwelling lost or damaged through causes beyond human control. 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 provided that
reconstruction is commenced within 1 year of when the damage took place.
Temporary construction facilities and/or accommodations shall comply with the
provisions of the zone and be removed within thirty (30) days of occupancy of the
reconstructed dwelling
3.20
Open Storage, Sales and Display
No person shall use any lot or part thereof for open storage, sales or display except as
permitted by this By-law and as an area which has been specifically designed and set for
such purpose, is fully integrated with the main use of the lot and is in accordance with
the following:
(a)
open storage shall be permitted in the CH, CT, CR, MM, MH, MR, MXP, MXQ,
SY, and WM zones;
(b)
open storage shall not be permitted within any required front yard and no closer
than 3 metres to any side or rear lot line;
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(c)
where open storage areas abut a Residential Zone, the required setback of the
open storage area shall be increased by 6 metres and must also be visually
screened from any residential zone;
(d)
any areas used for open storage shall be in addition to any minimum off-street
parking or loading areas required by this By-law; and
(e)
open storage shall not exceed a maximum height of 3 metres.
3.21
Organics Soils
Lands identified in the United Counties of Stormont, Dundas and Glengarry Official Plan
on the Constraints Plan (B4) as Environmental Protection Lands (Constraints Overlay) -
Organic Soils are subject to the following:
Development may be permitted in exceptional circumstances only where the Corporation
receives a study that demonstrates that the hazard can be overcome using acceptable
engineering techniques and where safe access can be provided.
3.22
Outdoor Commercial Patios
(a)
No outdoor commercial patio shall be located closer than 1.5 metres to any
portion of a travelled street unless under an encroachment agreement;
(b)
No outdoor commercial patio shall be permitted to encroach upon any required
parking space, loading zone or driving aisle, unless under an encroachment
agreement;
(c)
No outdoor commercial patio shall be established in a yard which abuts lands
zoned other than commercial or industrial; and
(d)
No part of a outdoor commercial patio shall be permitted on a sight triangle as
defined in this By-law.
3.23
Parking and Storage of Vehicles
All parking spaces shall be usable in all seasons. The driveway and parking spaces
shall be constructed of crushed stone, asphalt paving, concrete, paver stones, or similar
materials and shall be maintained and treated so as to reduce dust, scattering of stones
and similar undesirable effects on adjoining properties and shall incorporate drainage
facilities that comply with the requirements of the Corporation.
(a)
Residential Zones
(i)
Except as provided herein, no vehicles shall be parked or stored in a
Residential Zone unless the vehicle is located within a garage, carport,
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driveway, designed parking area or on a street as permitted by Municipal
By-law;
(ii)
No Residential Zone shall be used for the outdoor parking or storage of a
motor vehicle unless such vehicle is used in operations incidental to the
residential use of the lot on which it is parked or stored and bears a motor
vehicle license plate or sticker which is currently within a year of latest
validation date; and
(iii)
Parking spaces for Single Detached, Semi-Detached, Duplex and in
Residential Zones; Supplementary regulations:
-
No more than fifty (50%) percent of the area of any required front yard
shall be used or constructed as a driveway or parking space;
-
No more than fifty (50%) percent of the lot frontage as defined by this
By-law shall be used or constructed as a driveway or parking space;
(iv)
Each required parking space shall be accessible at all times for parking a
vehicle without the necessity of moving any other vehicle, except in any
part of a driveway accessory to a Single Detached, Semi-Detached,
Duplex, or Townhouse Dwelling, or private detached garage.
(b)
Parking Space Dimensions
Each parking space, except for barrier free parking spaces, shall have a minimum width
of 2.6 2.75 metres and a minimum length of 5.5 metres. Where parking spaces having
access to a street that provide for the exclusive use of single detached, semi-detached
or townhouse dwellings, every parking space shall be provided with unobstructed access
to a street by a driveway, or aisle.
(c)
Barrier Free Parking
Each barrier free parking space shall have a minimum width of 3.66 metres and a
minimum length of 5.5 metres with a 6 6.7 metre aisle.
Every owner and/or operator of a public or private parking area on lands zoned
Commercial, Industrial and Institutional shall provide not less than 2% of the total
number of parking spaces for barrier free parking with a minimum of one space. Where
the minimum barrier free parking requirements conflict with the Integrated Accessibility
Standards under Accessibility for Ontarians with Disabilities Act, 2005, the higher
requirement shall apply.
(d)
Cumulative Standards
Unless permitted elsewhere in this By-law, 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.
(e)
Addition to Existing Use
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The parking space requirements shall not apply to any building in existence at the date
of passing of this By-law so long as the gross floor area, as it existed at such date, is not
increased and no change in use occurs. If an addition is made to the building or
structure which increases the gross floor area, or a change in use occurs then parking
spaces for the addition or area changed in use shall be provided.
(f)
Access to Parking Spaces and Parking Areas
Parking Area for more than four vehicles; Supplementary regulations:
(i)
Ingress and egress directly to and from every parking space shall be by
means of a driveway, lane or aisle having a width of at least 6 6.7 metres
for two-way traffic.
(ii)
A driveway or lane which does not provide ingress and egress directly to a
parking space, shall have a minimum width of 4 metres where designed for
one-way vehicular circulation or 6 metres where designed for two-way
vehicular circulation.
(g)
Location
Except where permitted elsewhere in this By-law the required parking in a Residential
Zone shall be provided on the same lot as the dwelling unit. In all other zones, parking
shall be provided within 90 metres of the building it is intended to serve and no part of
any parking area required for 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.
(h)
Accessory Buildings
A structure, not more than 5 metres in height and not more than 5 square metres in area
may be erected in the parking area for the use of attendants in the area.
(h)
Buffering
(i)
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 metres shall be
provided along the abutting lot line;
(ii)
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 metres shall be provided along the lot line
abutting the street and the landscaped strip shall be continuous except for
aisles and driveways required for access to the parking area.
(i)
Vehicle Parking Requirements
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In any zone, the owner or occupant of any building or structure erected, enlarged or
changed in use after the date of passing of this By-law shall provide and maintain for the
sole use of the owner, occupants, or other persons entering upon or making use of the
said premises from time to time, one or more off-street parking spaces in accordance
with the following provisions:
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Schedule for Parking Requirements
Minimum Number of Required Parking
Spaces
Apartment dwellings or townhouse
Boarding House
Group Home
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1.5 units per dwelling unit, 15% of which
shall be reserved as visitor parking
0.5 spaces per guest room with a
minimum of 2
0.5 spaces per guest room with a
minimum of 2
Two (2) spaces per dwelling unit
Other Residential Uses
One (1) space per dwelling unit
Agricultural Use, Forestry Use
None
Automobile Body Shop, Automotive Repair
Garage, Automobile Service Station,
Automotive Store, Gasoline Bar
Two (2) spaces per service bay
Auditorium, Community Centre, Club, Non-
Profit, Theatre
Bakery
One (1) space for every four (4) seats,
fixed or otherwise and where there are no
seats one (1) space for every 10 square
metres of assembly space
1 space per 100m2 for first 5,000m2 + 0.5
spaces per 100m2 above 5,000m2
Building Supply Store
Building Supply Store, Farm Supply
Establishment, Farm Equipment Sales and
Service Facility, Lumber Yard, Equipment
Rental Establishment - Domestic,
Equipment Rental Establishment -
Industrial, Equipment Sales Establishment,
Equipment Service and Repair
4 spaces + 1 space per 50m2
One (1) space for each 20 square metres
of gross floor area
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Establishment - Industrial
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One (1) space per every 100 square
metres of gross floor area
One (1) space per 100m2
Cardlock Establishment
0.5 spaces per gas pump, in addition
to the spaces required for any
accessory uses
Clinic
Six (6) spaces per practitioner
Convenience Store
One (1) space per 18 square metres of
gross floor area
Contractor's Shop or Yard
4 spaces + 1 space per 30m2
Day Nursery - Licensed
One (1) space per employee and one (1)
space per five (5) children
Dry Cleaning or Laundry Plant
4 spaces + 1 space per 25m2 for uses
greater than 100m2
Equipment Sales Establishment - Industrial,
Equipment Rental Establishment - Industrial,
Equipment Service and Repair Establishment
- Industrial
4 spaces + 1 space per 100m2
Equipment Vehicle Storage Yard - Industrial
4 spaces + 1 space per 100m2
Farmer's Market, Farm Produce Outlet,
Garden Centre, Greenhouse (Commercial),
Nursery
One (1) space per 20 square metres of
gross floor area
Fuel Depot, Bulk
2 spaces
General Business (other than those listed
separately herein), Business or
Professional Office, Back or Financial
Office, Personal Service Establishment,
Retail Store or Funeral Home
One (1) space per 20 square metres of
gross floor area
Grain Drying Facility
No minimum
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Greenhouse, Commercial
1 space per 25m2
Home-based Business, Home-based
Industry
One (1) parking space per employee, in
addition to the parking requirements of
the dwelling
Hospital
One (1) space per bed
Industrial Establishment
One (1) parking space per 80 square
meters of manufacturing floor area and
associated office area or portion thereof
plus one (1) parking space per 100
square metres of warehousing or storage
floor area or portion thereof.
Impound Yard
1 space per 100m2
Industrial Uses - All classes, unless
otherwise specifically noted in this table.
1 space per 100m2 for first 5,000m2 +
0.2 space per 100m2 above 5,000m2
Library
One (1) space per 95 square metres of
gross floor area
Lumber Yard
1 space per 25m2
Mini-warehouse and Storage
One (1) space per 50 square metres of
office / administration space, plus one
(1) space per 1,000 square metres of
floor area of storage buildings/units
Mini-warehouse and Storage,
Transportation Terminal, Warehouse
One (1) space per 95 square metres of
gross floor area plus one (1) space for
every three (3) employees per shift
Nursing home
One (1) space for every six (6) patient
beds plus one (1) space for every four (4)
employees
Office, Business or Professional
1 space per 25m2
Place of amusement
One (1) space for every four (4) persons
that can be accommodated
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Place of worship
One (1) space for every five (5) seats,
fixed or otherwise
Research and Development Centre
1 space per 100m2
Restaurant, Restaurant - Drive-In, Bar
One (1) space for every four (4) seats of
designated seating capacity and where
no seats are provided one (1) space per
6 square metres of gross floor area
Restaurant - Take Out
One (1) space per 10 square metres of
gross floor area
Sawmill
0.5 spaces per 100m2
School - Elementary
Two (2) spaces per classroom
School - Secondary or Commercial
Four (4) spaces per classroom
Shopping Centre
One (1) space per 160 square metres of
net floor area
Tourist Lodging Establishment
One (1) space per guest room or suite
plus one (1) space for each four (4)
persons that can be accommodated at
any one time in a beverage room, dining
room or meeting room
Transfer Station
2 spaces
Transportation Terminal
1 space per 100m2 for first 5,000m2 +
0.2 spaces per 100m2 above 5,000m2
Transportation Depot
1 space per 100m2
Veterinary Establishment, Kennel
One (1) parking space per 20 square
metres of floor area
Warehouse
1 space per 100m2 for first 5,000m2 + 0.2
spaces per 100m2 above 5,000m2
Workshop
1 space per 25m2
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Other non-residential uses permitted by this
By-law
The greater of:
(a)
One (1) space per 25 square
metres of floor area or portion
thereof, or
(b)
One (1) space for four (4) persons
design capacity, or
(c)
One (1) space per two (2) persons
employed on the lot
k)
Requirements for Bicycle Parking
i)
Bicycle Parking shall be provided in the RS3, CG, CH, CT, I, ML, MM, and MH
zones at the following rates:
One bicycle rack for principle uses over 1,000 sq m floor area, plus one
additional rack for every 30 standard parking spaces provided.
ii)
A bicycle parking space may be located in any yard.
i)
in any zone within an urban settlement area, the owner of any lot, building or structure
erected, altered, enlarged, or changed in use after the passing of this By-Law, shall provide
and maintain off-street bicycle parking in accordance with the following table and provisions
of this section.
Use
2011-100 as amended.
Minimum Bicycle Parking
Required
Restaurants, Places of
Assembly, Places of
Entertainment, Recreational
Facilities
1 space per 100m2 gross floor
area
All other commercial and
institutional uses
1 space per 200m2 gross floor
area
Apartment building, rooming
house (RS3)
0.5 spaces per dwelling unit
All other non-residential uses,
except industrial uses
1 space per 1,000m2 gross
floor area.
ii)
Unless otherwise permitted, where a building or lot contains more than one use, the bicycle
parking space requirements shall be the sum of the minimum requirements for each distinct
use.
iii)
Bicycle racks or fixtures must be provided and maintained for all required bicycle parking and
shall:
a. Be constructed of theft-resistant material;
b. Be securely anchored to the floor, building wall, or ground;
c. Be located in a convenient, well-lit, high-visibility location that is easily accessible to
users and shall be placed so as not to obstruct parking or pedestrian circulation
3.24
Parts of Buildings or Structures Permitted Above Height Level
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Where height limitations are set forth in this By-law, such limitations shall not apply to air
conditioning systems, bridges, chimneys, communication towers, electrical supply
facilities, elevator or stairway enclosure, enclosed mechanical and electrical equipment,
flag poles, grain elevators, hydroelectric transition tower, lightening rods or lightening
standards, ornamental dome or clocktower, place of worship spire or belfry or steeples,
receiving and transmitting antenna and satellite dish, receiving station, silo, solar panel,
ventilating fan or skylight, water tanks or water towers and windmill or wind turbine.
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.
3.25
Permitted Projections
For the purpose of this Section, a rear yard adjacent to a street, and/or an exterior side
yard shall have the same requirements as a front yard.
Structure
Maximum Projection Into Required
Yard
Belt courses, sills, cornices, eaves,
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or other ornamental structures
structures
0.6 metres into any required front, rear or
any side yard
Canopies which are at least
2.13 metres in vertical clearance
above the established grade, with or
without supporting posts
2 metres into any required front, exterior
side yard or rear yard
Window awnings
1.2 metres into any required front,
exterior side yard or rear yard
0.6 interior side yard
Steps, walkways and ramps
No maximum into any required yard
provided it does not exceed 1.3 metres in
height above established grade
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Uncovered patios, patio platform,
sundeck
No maximum into a required front, rear or
side yard provided it is constructed no
closer to any lot line than a horizontal
distance equal to the maximum height of
any part thereof above finished grade at
the lot line(s); and provided it does not
exceed a height above the established
grade of 1.3 metres in a required side
yard and 0.51 metre in a required front
yard.
Swimming pool heaters and filtering
equipment, Air conditioning
equipment, home back-up generator
A maximum of one (1) metre into any
yard
Canopies for Entrances to Apartment
Buildings and Commercial Buildings
Notwithstanding any other provisions in
the By-law, a Canopy or portico over a
major entrance to an apartment building
or commercial building may project into
the required yard a distance equal to one-
half (1/2) the setback of the building from
the street line.
3.26
Prohibited Uses
Except as specifically permitted in this By-law, the following uses are prohibited: the
keeping or raising of livestock including any horse, bull, ox, sheep, goat, pig or other
cattle, or any poultry, or any reptile, or any wild animal including any tamed or
domesticated wild animal, in any residential zone or in any building or structure in any
zone unless otherwise stated.
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3.27
Proposed By-pass Road
Proposed By-pass West of the Village of St. Andrews West and Eamer's Corners around
Highway 138.
As the corridor has been designated identified by the Ministry of Transportation (MTO)
for the proposed by-pass around Highway 138, the corridor has been appropriately
designated on the Zoning Schedules 4, 7 and 8 herein through the addition of the suffix
"- M" a grey coloured overlay.
The portion of the corridor south of Headline Road has been acquired by the MTO, while
the portion north of Headline Road has not been acquired to date. Regardless of
ownership, a designated highway is considered part of the highway system and,
therefore, MTO permits are required for any development within 45 metres of any limit of
the corridor, or within 395 metres of the centre point of the intersection.
In order to provide further protection for the designated corridor, any parcel of land or
area of land in any zone may be further classified with the addition of the suffix "- M".
The "- M" classification grey coloured overlay added to a given zone shall prohibit
development of the land until such a time as approval from MTO has been obtained.
While a suffix "- M" classification Where a grey coloured overlay is in effect, 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 and for the uses specifically permitted in the particular zone.
Proposed buildings and/or structures for lands within the MTO proposed corridor (on the
Official Plan Schedules 4, 7 and 8) will require approval from the MTO prior to the
issuance of a building permit.
3.28
Regulation for Consolidated Lot Development
Where two or more abutting lots under one identical ownership are consolidated for the
purpose of development, the internal lot lines of the original lots shall not be construed to
be lot lines for the purposes of any zoning regulations provided that all applicable
regulations of this By-law relative to the consolidated lot development and its external lot
lines are complied with, provided that the notice of consolidation is registered on Title.
3.29
Setbacks From Roads and Water
The following minimum setbacks to above or below ground structures shall be required:
(a)
From Provincial Highways
All development adjacent to Provincial Highways is subject to the approval of the
Ministry of Transportation of Ontario (MTO) with regard to minimum setbacks. Where
applicable a valid land use permit issued by MTO shall be required prior to the start of
construction.
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(b)
From County Roads
30.5 metres from the centerline of right-of-way to any structure, or as approved by the
County Engineer. Where applicable a valid land use permit issued by the Counties shall
be required prior to the start of construction.
(c)
From All Other Improved Streets and/or Streets in Approved Plans of Subdivision
10 metres from the centreline of the Road plus the applicable minimum required front
yard setback for the appropriate zone.
(d)
From the St. Lawrence River
i)
Moulinette Island and Robin Road: 30 metres from the normal water level of
73.56 GSC (Geodetic Survey Control) or as approved by the Raisin Region
Conservation Authority.
ii)
Ault Island and all other Islands: no development below the elevation 74.62
metre GSC or as approved by the Raisin Region Conservation Authority.
(e)
From Other Waterbodies
Where any lot is adjacent to a waterbody, including municipal drains, any building or
structure to be erected thereon shall be set back a minimum of 15 metres from the high
water mark and any septic tank or tile field shall be set back a minimum of 30 metres.
(f)
Railway Crossing
Where any road or street crosses a railway at the same grade, no building or structure
shall be erected closer to the point of intersection of the centreline of railway and the
roadway than 30 metres at signalized crossings and 45 metres at uncontrolled crossings
(g)
TransCanada or Trans-Northern Pipeline
Where the TransCanada or Trans-Northern Pipeline easement runs adjacent to or
through any lot, any main building or structure to be erected thereon shall be set back a
minimum of 7 metres or as approved by the applicable utility, and any accessory
structure shall be set back a minimum of 3 metres or as approved by the applicable
utility from the easement boundary.
3.30
Separation Distances - Group Homes
(a)
Notwithstanding any other provisions of this By-law to the contrary, no Type 1
Group Home shall be permitted within a 500 metre circular separation area of
another Type 1 Group Home.
(b)
Notwithstanding any other provision of this By-law to the contrary, no Type 2
Group Home shall be permitted within a 1000 metre circular separation area of
another Group Home.
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(c)
Notwithstanding any other provisions of this By-law, a Type 2 Group Home shall
be permitted on the following classification of streets: Provincial Highways and
County Roads, and shall have access to community facilities.
3.31
Separation Distances
Notwithstanding the provisions of this by-law to the contrary, development is restricted in
accordance with the following:
Item
Development Near the Following Zone
Influence Area
A
MXR - Pit, Sand & Gravel Reserves
For licenses for extraction
above the water table: 150m
For licenses for extraction
below the water table: 300m
B
SY - Salvage Yard
150m
C
WM - Waste Management
500m
D
ANSI - Areas of Natural and Scientific
Interest
50m
E
PSW - Provincially Significant Wetlands
120m
F
FP - Flood Plain
15m
G
MXP - Mineral Extraction Pit
120m
H
MXQ - Mineral Extraction Quarry
500m
I
Grain Drying Facility
150 metres of a dwelling
located on another lot;
100 metres of a vacant lot
having an area of 2 ha or less;
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30 metres of a lot line.
J
No kennel shall be permitted within:
250 metres of a dwelling
located on another lot;
100 metres of a vacant lot
having an area of 2 ha or less;
30 metres of a lot line.
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K
Cannabis Production and Processing
With Air Treatment Control
-
70 metres from any
residential or
institutional zones
-
150 metres from any
sensitive land use,
excluding an accessory
dwelling
Without Air Treatment Control
-
300 metres from any
residential or
institutional zones, and
any sensitive land use,
excluding an accessory
dwelling
L
No kennel shall be permitted within:
250 metres of a dwelling
located on another lot;
100 metres of a vacant lot
having an area of 2 ha or less;
30 metres of a lot line.
Influence Area 150m
Recycling Depot and Recyling Yard
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(a)
Development of existing Lots of Record within the influence area of Items A, G and
H will be permitted, provided that the applicant can demonstrate through the
appropriate studies/reports, if required by the Corporation, that the proposed
development will not preclude or hinder any of the following:
i)
access to the resource and/or operation;
ii)
the expansion or continued use of the resource and/or operation, or
iii)
any other incompatibility issues due to reasons of public health or safety
and/or environmental impact, at the discretion of the Corporation.
(b)
Development of existing Lots of Record within the adjacent lands of Items D, E
and F will be permitted, provided that the applicant can demonstrate through the
appropriate studies/reports, if required by the Corporation, such as an
Environmental Impact Study, that the proposed development would have no
negative impacts on the natural features or on the ecological functions for which
the area is defined.
3.32
Sight Triangle
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, including a chain link or wire fence;
(b)
a tree, hedge, bush or other vegetation, other than agricultural crops, the top of
which exceeds 0.75 metres in height above the elevation of the centerline of
abutting streets;
(c)
any portion of a delivery space, loading space, driveway or parking space; and
(d)
a berm or other finished grade which exceeds the elevation of the centerline of
abutting streets by more than 0.75 metres.
(e)
Notwithstanding any provisions of this By-law to the contrary, in the case of a
corner lot where the lot lines do not intersect at one point, or there is a sight
triangle or daylighting triangle dedicated as part of the public road, the street
lines shall be deemed to include their projections to their intersection, and for the
purposes of determining the required front and exterior side yards, the sight
triangle or daylighting triangle is to be considered as being part of the lot.
3.33
Signs
Unless otherwise stated in this By-law, signs shall be permitted only in accordance with
the Signs By-law(s) of the Corporation, the County, and the Ministry of Transportation.
3.34
Shipping Containers and Storage Containers
A shipping container or part thereof intended to be used as a standalone structure for
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storage or other permitted accessory use on a lot shall be considered an accessory
building for the purposes of this By-law and subject to the provisions of this section, in
addition to the provisions of Section 3.1.
i. Unless otherwise provided for in this By-law, a shipping
container shall only be permitted in the following zones:
RS1, RSS1, RH1, RR1, CG, CH, CT, CR, ML, MM, MH, MR,
I, OS, A, RU, MXP, MXQ, MXR, SY, WM.
ii. Where a shipping container is located within a CH, ML, MM,
MH, MR, MXP, MXQ, MXR, SY, or WM zone, the following
provisions apply:
a. Only two (2) shipping containers are permitted to be
located on the lot;
b. Site Plan Control approval shall be required prior to
locating a shipping container on the lot, in accordance
with the Township's Site Plan Control By-law;
c. The shipping container shall only be used for storage
purposes and not used to accommodate work areas,
shops, office uses, retail sales, or living areas, unless
approved as part of the Site Plan Control process and/or
building permit in accordance and compliance with the
Ontario Building Code;
d. The shipping container shall be set back a minimum of
10 metres from any lot line abutting a residential zone;
e. The shipping container shall be finished and maintained
in a visually and structurally acceptable state of repair, to
the satisfaction of the Township in its sole discretion;
f. The shipping container shall be suitably located and/or
screened so as to limit visibility from a public road or
amenity space, to the satisfaction of the Township in its
sole discretion unless approved under Section 3.34 ii) g).
g. Shipping containers that do not meet the requirements of
Section 3.34 ii f) must be completely clad in a material
and/or finish consistent with the principal building and
shall be covered by a roof with a pitch and/or form
consistent with the principal building, to the satisfaction
of the Township in its sole discretion;
h. Shipping containers shall be stacked no more than two
(2) high.
iii. Where a shipping container is located within a CG, CT, CR,
I, OS zone, the following provisions apply:
a. Only one (1) shipping container is permitted to be
located on the lot;
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b. Site Plan Control approval shall be required prior to
locating a shipping container on the lot, in accordance
with the Township's Site Plan Control By-law;
c. The shipping container shall only be used for storage
purposes and not used to accommodate work areas,
shops, office uses, retail sales, or living areas, unless
approved as part of the Site Plan Control process and/or
building permit in accordance and compliance with the
Ontario Building Code;
d. The shipping container must be completely clad in a
material and/or finish consistent with the principal
building and shall be covered by a roof with a pitch
and/or form consistent with the principal building, to the
satisfaction of the Township in its sole discretion;
e. The shipping container shall be finished and maintained
in a visually and structurally acceptable state of repair, to
the satisfaction of the Township in its sole discretion;
f. The shipping container shall be suitably located and/or
screened so as to limit visibility from a public road or
amenity space, to the satisfaction of the Township in its
sole discretion.
iv. Where a shipping container is located within a RS1, RSS1,
RH1, or RR1 zone, the following provisions apply:
a. Only one (1) shipping container is permitted on the lot;
b. Site Plan Control approval shall be required prior to
locating a shipping container on the lot, in accordance
with the Township's Site Plan Control By-Law;
c. The shipping container shall only be used for storage
purposes accessory to the residential use;
d. The shipping container must be completely clad in a
material and/or finish consistent with the principal
building and shall be covered by a roof with a pitch
and/or form consistent with the principal building, to the
satisfaction of the Township in its sole discretion;
e. The shipping container shall be finished and maintained
in a visually and structurally acceptable state of repair, to
the satisfaction of the Township in its sole discretion.
v. Where a shipping container is located within a A or RU
zone, the following provisions apply:
a. Only one (1) shipping container is permitted on the lot;
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b. The shipping container shall be finished and maintained
in a visually and structurally acceptable state of repair, to
the satisfaction of the Township in its sole discretion.
c. Site Plan Control approval shall be required prior to
locating a shipping container on the lot, in accordance
with the Township's Site Plan Control By-Law;
d. The shipping container shall only be used for storage
purposes and not used to accommodate work areas,
shops, office uses, retail sales, or living areas, unless
approved as part of the Site Plan Control process and/or
building permit in accordance and compliance with the
Ontario Building Code;
e. The shipping container shall be suitably located and/or
screened so as to limit visibility from a public road or
amenity space, to the satisfaction of the Township in its
sole discretion unless approved under Section 3.34 v) g).
f. Shipping containers that do not meet the requirements of
Section 3.34 v) e) must be completely clad in a material
and/or finish consistent with the principal building and
shall be covered by a roof with a pitch and/or form
consistent with the principal building, to the satisfaction
of the Township in its sole discretion;
vi. Notwithstanding the provisions contained herein, one (1)
shipping container may be used for temporary storage
during construction in any zone, provided that a valid
building permit has been issued authorizing construction of a
building or structure. The shipping container must be
removed upon completion of construction, which is deemed
to be the earlier of the date on which the building or
structure is used or occupied.
vii. Where shipping containers or parts thereof are proposed to
be substantially incorporated into the overall design and
construction of a main building, a minor variance shall be
required along with compliance with the Ontario Building
Code.
viii.
Notwithstanding the provisions of Section 3.34 to the
contrary, shipping containers being used integral to a
permitted industrial operation and / or for the transportation
of goods and materials, but not for general storage
purposes, located in an Industrial zone are not subject to
applicable provisions, save and except, 3.34 (ii) (b) site plan
approval.
(a)
Shipping containers shall be prohibited in all zones unless otherwise
permitted in this section.
(b)
One shipping container used for the temporary storage of equipment or
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materials incidental to active construction on the same lot for which a permit
has been issued, is permitted in any zone for a maximum of 6 months
within a 24-month period.
(c)
Shipping containers may be used for storage or holding purposes integral
to a permitted industrial use in an industrial zone (i.e. intermodal or freight
yard), provided they are visually buffered from all public streets to the
satisfaction of the Township.
(d)
A maximum of two (2) shipping containers may be permitted as an
accessory building on a lot in an Agricultural, Rural, Highway Commercial,
Mineral Extraction, or Waste Management Zone, subject to the following:
(i)
prior to establishing the shipping container(s) on a property, a valid
building permit shall be obtained from the Township;
(ii)
the shipping container(s) shall be subject to the requirements applicable
to accessory buildings, except that no shipping container shall be
located closer than 10 metres to any lot line;
(iii)
the shipping container(s) shall not be used for human habitation;
(iv)
the shipping container(s) shall be located within a rear yard and
screened from all public streets to the satisfaction of the Township;
(v)
structurally modified shipping container(s) shall be located within a rear
yard and shall be aesthetically pleasant to the satisfaction of the
Township, screening requirements will not be required;
(vi)
the shipping container shall be maintained in a good state of repair.
3.35
Temporary Buildings or Structures
Nothing in this By-law shall prevent the use of land or the use or erection of a temporary
building or structure or a scaffold or other equipment essential to the construction in
progress for which a valid building permit development approval has been granted, but
only until such time as the work has been finished or abandoned or such equipment is
no longer required. Any temporary building, structure, or equipment incidental to
construction on the premises, including an office for the sale of residential lots or
residential units, shall be permitted in any Zone.
For the purpose of this By-law, temporary Storage Containers shall be considered to be
a temporary building or structure.
In addition, temporary construction facilities for a business, or other non-residential use
which is intended to occupy a building which is under construction with the work in
progress on such building, may be temporarily permitted on the same lot in the form of
relocatable portable or transportable building provided:
(a)
Approval is obtained pursuant to the matters contained herein; and
(b)
Such temporary accommodation is removed from the lot immediately upon
completion of construction, abandonment of construction or at such time as in the
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opinion of the Corporation it is no longer required.
3.36
Temporary Garage Structures
Notwithstanding anything else in this By-law, a Temporary garage structure, commonly
known as a 'tempo garage', or similar structure shall be permitted. Such temporary
garage structures shall be in compliance with setbacks for accessory structures.
3.37
Through Lots
Where a lot is a through lot, the requirements for front yards contained in this By-law
shall apply to each yard abutting the street.
3.38
Unstable Slopes
Lands identified in the United Counties of Stormont, Dundas and Glengarry Official Plan
on the Constraints Plan (B4) as Environmental Protection Lands (Constraints Overlay) -
Unstable Slopes are subject to the following:
Prior to the Corporation approving a Building Permit for any development or site
alteration, on land identified as having an unstable slope, a geotechnical inspection and
report by a qualified engineer shall be required to assess the potential impact of the
proposed development and to determine the required setbacks for development, and
shall provide recommendations for any other mitigation measures and other stabilization
measures that may be required.
3.39
Use by Public Authority or Public Utility
The provisions of this By-law shall not apply to the use of any land or to the erection or
use of any utility installation for the purpose of public service by the Corporation, the
United Counties of Stormont, Dundas and Glengarry and/or any Public Authority any
department of the Government of Ontario or Canada, pursuant to the Planning Act,
provided that where such land, building or structure is located in a Residential Zone:
(a)
No Goods, materials or equipment shall be stored in the open; and
(b)
The lot coverage and setback regulations of the zone in which such land, building
or above ground structures, with the exception of electric power facilities, are
located, shall be complied with.
3.40
Wayside Pits and Quarries
Wayside pits and quarries may be established in the Rural, Agricultural and the Mineral
Extractive (MXR, MXP, MXQ) Zones provided that:
(a)
the wayside pit or quarry is opened and operated by the Ministry of
Transportation, the County or their agents or the Corporation, for the purposes of
a specific public road project;
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(b)
any portable crusher or asphalt plant is approved and governed by applicable
regulations of the Ministry of Environment and Energy, the Ministry of Natural
Resources and a certificate of approval for a portable hot mix asphalt plant has
been obtained; and
(c)
an agreement is signed between the landowner and the Ministry of
Transportation, the County or their agents or the Corporation that the wayside pit
or quarry shall be rehabilitated upon completion of the public project.
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SECTION 4: ZONE CLASSIFICATIONS
For the purposes of this By-law, all land within the Township of South Stormont is
divided into the following zones and described in the following sections, the boundaries
of which are shown on the attached Schedules which are attached to and form part of
this By-law.
Residential Zones
Residential Serviced - First
Residential Serviced - First Condensed
RS1
RS1C
Residential Serviced - Second
RS2
Residential Serviced - Multiples
RS3
Residential Single Service - First
RSS1
Residential Single Service - Second
RSS2
Hamlet Private Services - First
RH1
Hamlet Private Services - Second
RH2
Rural Residential Private Services - First
RR1
Rural Residential Private Services - Second
RR2
Residential Mobile Home Park
RMP
Commercial Zones
General Commercial
CG
Highway Commercial
CH
Tourist Commercial
CT
Recreation Commercial
CR
Industrial Zones
Light Industrial
ML
General Industrial
MM
Heavy Industrial
MH
Rural Industrial
MR
Institutional Zone
I
Open Space Zone
OS
Agricultural Zone
A
Rural Zone
RU
Mineral Resource Zones
Mineral Extractive Pit
MXP
Mineral Extractive Quarry
MXQ
Mineral Extractive Reserve
MXR
Salvage Yard Zone
SY
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Waste Management Zone
WM
Flood Plain Zone
FP
Provincially Significant Wetland Zone
PSW
Areas of Natural and Scientific Interest Zone
ANSI
Development Reserve
DR
4.1
Schedules
The attached Schedules 1, 2, 3, 4, 5, 6, 7 and 8 form part of this By-law.
4.2
Boundaries of Zones
Where the boundary of any zone, as shown on the attached Schedules, is
uncertain the following provisions shall apply:
(a)
where the boundary is indicated as following a street, lane, railway right-of-
way or other right-of-way, then the boundary shall be the centreline of such
street, lane, railway right-of-way or other right-of-way;
(b)
where any street, lane, railway right-of-way of other right-of-way, as shown
on the Schedules is hereby closed, the land formerly included in such
street, lane, railway right-of-way or other right-of-way shall be included
within the zone of the consolidated adjoining property.
(c)
where the boundary is shown as approximately following a concession line
or a lot line or an extension of a lot line on a registered plan of subdivision
or registered reference plan, the lot line or extension thereof shall be the
boundary;
(d)
where a zone boundary is indicated as 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 a Floodplain Zone, ANSI zone or Provincially
Significant Wetland Zone, a watercourse, a top of bank, a 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 the Schedules to this By-law, the refined limit as
interpreted in the field, shall be deemed to be the zone boundary, without
an amendment to the By-law.
(e)
where a zone boundary is indicated as approximately following Township or
Settlement Area limits, the limits shall be the boundaries;
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(f)
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.
(g)
where none of the foregoing provisions apply and where appropriate, the
boundaries shall be scaled from the attached schedules;
4.3
Holding Zones "- h"
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 holding classification added to a
given zone shall prohibit development of land until such time as the policies of
the Official Plan related to holding zones are compiled with, at which time, the H
may be removed by an amendment under Section 36 of the Planning Act. While
a holding zone is in effect, 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 and for the uses
specifically permitted in the particular holding zone.
4.4
Special Exception Zones "-X"
Where a zone symbol is followed by the suffix "-X" this shall mean that a specific
exception is being made to one or more of the standards of that zone for a
specific area governed by the By-law. All other provisions of the By-law shall
continue to apply.
A number after the "-X" (i.e., RS1-8) indicates the order of the various
exception zones.
4.5
Temporary Zones "- t"
Other temporary uses, including garden suites, may be authorized from time to
time by Zoning By-law amendment pursuant to Section 39 of the Planning Act.
These are listed separately at the end of the appropriate zone category and are
identified with the symbol "- t" because of their temporary nature.
4.6
Development Reserve (DR) Zones
The purpose of the Development Reserve (DR) Zone is to recognize lands
intended for future development. The intent is to signify Council's approval in
principle to future development of the land and to restrict development of the land
until such time as this By-law is amended. The DR designation is meant to limit
the range of permitted uses to those which will not preclude future development
options. As a result, 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,
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building or structure on the date of passing of this By-law. Any change from this
status shall require an amendment to this By-law.
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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 Serviced - First (RS1) Zone
(a)
Permitted Uses:
a)
dwelling, accessory apartment;
b)
dwelling, single detached;
c)
dwelling, secondary unit;
d)
group home, type 1;
e)
group home, type 2,
f)
home-based business.
(b)
Zone Requirements:
(i)
Notwithstanding the provisions of this By-Law to the contrary, all
Dwelling, Secondary Units are subject to the provisions of Section
3.8
(ii)
All other permitted uses:
Lot Area (minimum)
460 m2
(4,951.39
sq.ft.)
Lot Frontage (minimum)
15 m
(49.21 ft.)
Yard Requirements (minimum)
Front
6 m
(19.69 ft.)
Rear
7.5 m
(24.61 ft.)
Exterior Side
3.5 m
(11.48 ft.)
Interior Side
1.2 m
(3.94 ft.)
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Lot Coverage (maximum)
Floor Area (minimum)
40%
70 m2
(753.47 sq.ft.)
Floor Area per Accessory Apartment Dwelling
(minimum)
Bachelor Unit
45 m2
(484.37 sq.ft.)
One Bedroom Unit
55 m2
(592.01 sq.ft.)
Two Bedroom Unit
60 m2
(645.83 sq.ft.)
More than 2 Bedroom Unit 65 m2
(699.65 sq.ft.)
Dwelling(s) per lot (maximum) 1
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(c)
Municipal Piped Services:
No dwelling shall be erected in this zone unless it is connected to piped
municipal sanitary sewer and water services.
(d)
Special Exceptions:
RS1-1
Notwithstanding the provisions of Section 5.1 (b) to the contrary, for
the lands zoned RS1-1, the existing setback from the future street
shall be permitted.
RS1-2
Notwithstanding the provisions of Section 5.1 (a) to the contrary, for
the lands zoned RS1-2, no buildings or structures shall be
permitted.
RS1-3
Notwithstanding the provisions of Section 5.2 (b) to the contrary, for
the lands zoned RS1-3, the minimum rear yard shall be 25 metres.
RS1-4
Notwithstanding the provisions of Section 5.1 (b) to the contrary, for
the lands zoned RS1-4, the setbacks of the existing building(s) shall
be deemed to comply with this by-law; however, any new buildings
or structures erected on the subject parcel shall be subject to the
applicable "Residential Serviced - First (RS1)" zone requirements.
RS1-5
Notwithstanding the provisions of Section 5.1 (b) to the contrary, for
the lands zoned RS1-5, being Lot 13 on Registered Plan 52M-36,
the minimum setbacks shall be in accordance with Drawing 2-34 of
this By-law. Within the portion of the front and exterior side yard with
a setback of 1.2 metres from the property line, Section 3.25
(Permitted Projections) shall not apply.
RS1-6
Notwithstanding the provisions of Section 5.1 (b) to the contrary, for
the lands zoned RS1-6, the maximum number of accessory
apartment dwelling units permitted is two (2).
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(e)
Holding Zones:
RS1-h
Notwithstanding the provisions of Section 4.3 to the contrary, for the
lands zoned RS1-h, the holding (h) symbol will not be lifted until
Municipal services are available to the site.
(f)
Temporary Uses:
5.1.1 Residential Serviced - First Condensed (RS1C) Zone
(a)
Permitted uses:
a. Dwelling, single detached;
b. Dwelling, secondary unit;
c. Group home, type 1;
d. Group home, type 2; and,
e. Home-based business.
(b)
Zone Requirements:
a. Notwithstanding the provisions of the By-law to the contrary, all Dwelling,
Secondary Units are subject to the provisions of Section 3.8.
b. All other permitted uses:
Lot area
300 m2
(3,229.17 ft2)
Lot Frontage
10.4 m
(34.12 ft)
Yard requirements
Front
6 m
(19.69 ft)
Rear
7.5 m
(24.61 ft)
Exterior Side
3.5 m
(11.48 ft)
Interior Side
1.2 m
(3.94 ft)
Building Height
Main Building
11 m
(36.09 ft)
Accessory Building
4.5 m
(14.76 ft)
Lot Coverage
40%
Dwellings per lot
1
(c)
Zone Requirements:
No dwelling shall be erected in this zone unless it is connected to piped
municipal sanitary and water services.
(d)
Special Exceptions:
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(e)
Holding Zones:
RS1C-h
Notwithstanding the provisions of Section 4.3 to the contray, for the lands
zoned RS1C-h, the holding (h) symbol will not be lifted until Municipal services
are available to the site.
(f)
Temporary Uses:
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5.2
Residential Serviced - Second (RS2) Zone
(a)
Permitted Uses:
-
boarding house;
-
dwelling, accessory apartment;
-
dwelling, duplex;
-
dwelling, semi-detached;
-
dwelling, single detached;
-
dwelling, secondary unit;
-
group home, type 1;
-
home-based business.
(b)
Zone Requirements:
(i)
For single detached dwellings and accessory apartment dwellings
in accordance with the provisions of Section 5.1. Notwithstanding
the provisions of this By-Law to the contrary, all Dwelling,
Secondary Units are subject to the provisions of Section 3.8.
(ii)
Semi-detached, Duplex:
Lot Area (minimum)
600 m2
(6458.35 sq.ft.)
Lot Frontage (minimum)
20 m
(65.6 ft.)
Yard Requirements (minimum)
Front
6 m
(19.69 ft.)
(c)
If a semi-detached dwelling, or a duplex dwelling, is severed or separated
through consent, plan of subdivision or through the lifting of part lot
control, the zone requirements continue to apply to the original lot except
that no minimum side yard requirement shall apply along the common lot
line.
(d)
Municipal Piped Services:
No dwelling shall be erected in this zone unless it is connected to piped
municipal sanitary sewer and water services.
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Rear
Exterior Sid
Exterior Side
9 7.5 m
6 m
3.5m
(29.53 ft.)
(24.61 ft.)
(19.69 ft.)
(11.48 ft)
Interior Side
1.2 m
(3.94 ft.)
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Lot Coverage (maximum)
Floor Area (minimum)
40%
70 m2
(753.47 sq.ft.)
Dwelling per lot (maximum)
1
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(e)
Special Exceptions:
RS2-1
Notwithstanding the provisions of Section 5.2 (b) to the contrary, for
the lands zoned RS2-1, the minimum lot frontage shall be 16 metres
and the minimum lot area shall be 589 square metres.
RS2-2
Notwithstanding the provisions of Section 5.2 (b) to the contrary, for
the lands zoned RS2-2, the minimum lot frontage shall be 18
metres.
RS2-3
Notwithstanding the provisions of Section 5.2 (a) to the contrary, for
the lands zoned RS2-3, the following use shall not be permitted:
Boarding House.
(f)
Holding Zones:
RS2-h
Notwithstanding the provisions of Section 5.2 to the contrary, for the lands
zoned RS2-h, the holding (h) symbol will not be lifted until Municipal
services are available to the site.
RS2-2-h
Notwithstanding the provisions of Section 4.3 to the contrary, for the
lands zoned RS2-2-h, the holding (h) symbol will not be lifted until
Municipal services are available to the site.
RS2-3-h
Notwithstanding the provisions of Section 4.3 to the contrary, for the
lands zoned RS2-3-h, the holding (h) symbol will not be lifted until
Municipal services are available to the site.
(g)
Temporary Uses:
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5.3
Residential Serviced - Multiples (RS3) Zone
(a)
Permitted Uses:
-
dwelling, apartment building;
-
dwelling, duplex;
-
dwelling, townhouse;
-
dwelling, secondary unit;
-
dwelling, street townhouse;
-
dwelling, semi-detached;
-
group home, type 1;
-
home-based business.
(b)
Zone Requirements:
(i)
For semi-detached dwellings and duplex dwellings in accordance
with the provisions of Section 5.2. Notwithstanding the provisions
of this By-Law to the contrary, all Dwelling, Secondary Units are
subject to the provisions of Section 3.8.
(ii)
Townhouse:
Lot Area (minimum)
180 m2
(1937.50 sq.ft.)
per unit
Lot Frontage (minimum)
Yard Requirements (minimum)
Front
6 m
m
(29.53 ft.) for
each end unit
plus 6 m
(19.69 ft.) for
each
additional unit
(19.69 ft.)
Rear
10 m
(32.81 ft.)
Exterior Side
6 m
(19.69 ft.)
Interior Side
0 m except for one side of an
end unit which shall be a
minimum of 2.5 m (8.2 ft.)
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Lot Coverage (maximum)
45%
Floor Area per Dwelling Unit
(minimum)
70 m2
(753.47 sq.ft.)
Dwelling Units per Lot (maximum)
Townhouse
6
Density (maximum)
40 units/ha
(16.0 units/ac)
Dwelling per lot (maximum)
1
9 8.5
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(iii)
Apartment Dwelling:
Lot Area (minimum)
2000 m2
(0.49 ac.)
Lot Frontage (minimum)
30 m
(98.43 ft.)
Yard Requirements (minimum)
Front
6 m
(19.69 ft.)
Rear
10 m
(32.81 ft.)
Exterior Side
6 m
(19.69 ft)
Interior Side
6 m
(19.69 ft.)
Building Height (maximum)
Main Building
15 m
(49.21 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Lot Coverage
40%
Floor Area per Dwelling Unit
(minimum)
Bachelor Unit
45 m2
(484.37 sq.ft.)
One Bedroom Unit
55 m2
(592.01 sq.ft.)
Two Bedroom Unit
60 m2
(645.83 sq.ft.)
More than 2 Bedroom Unit 65 m2
(699.65 sq.ft.)
Density (maximum)
75 units per hectare (30 u/ac.)
Landscaped Open Space
(minimum)
35%
Dwelling per lot (maximum)
1
(c)
If a semi-detached dwelling, a duplex dwelling, street townhouse dwelling
or a townhouse dwelling, is severed or separated through consent, plan
of subdivision, plan of condominium or through the lifting of part lot
control, the zone requirements continue to apply to the original lot except
that no minimum side yard requirement shall apply along the common lot
line.
(d)
Municipal Piped Services:
No dwelling shall be erected in this zone unless it is connected to piped
municipal sanitary sewer and water services.
(e)
Special Exceptions:
RS3-1
Notwithstanding the provisions of Section 5.3 (b) to the contrary, for
the lands zoned RS3-1, the minimum front yard shall be 4.7 metres,
the minimum rear yard shall be 1.56 metres and the minimum
exterior side yard shall be 4.7 metres.
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RS3-2
Notwithstanding the provisions of Section 5.3 (b) to the contrary, for
the lands zoned RS3-2, the minimum rear yard shall be 7.5 metres.
RS3-3
Notwithstanding the provisions of Section 5.3 (b) to the contrary, for
the lands zoned RS3-3, the minimum lot frontage shall be 29.2
metres and a minimum lot area of 1,000 square metres.
RS3-4
Notwithstanding the provisions of Section 5.3 (b) to the contrary, for
the lands zoned RS3-4, the minimum rear yard shall be 6.09 metres
and a minimum lot area of 1,200 square metres.
RS3-5
Notwithstanding the provisions of Section 5.3 (b) to the contrary, for
the lands zoned RS3-5, the maximum number of apartment dwelling
buildings permitted is 2.
RS3-6
Notwithstanding the provisions of Section 5.3 (b) to the contrary, for
the lands zoned RS3-6, a minimum 3 metre landscaped strip to be
used only for such purpose shall be located along the properties
eastern property line. This landscaped strip shall include all trees
existing on the date of passing of this By-law, measuring a minimum
of 5 centimetres in calliper.
Notwithstanding the provisions of Section 5.3(b) to the contrary, for
the lands zoned RS3-6, the front yard shall be measured from the
edge of the private street shown on a site plan approved as part of a
Site Plan Control Approval.
RS3-7
Notwithstanding the provisions of Section 3.23 to the contrary, for
the lands zoned RS3-7, the minimum number of parking spaces for
a 41 unit residential development shall be 30 56.
RS3-8
Notwithstanding the provisions of Section 5.3 (b) to the contrary, for
the lands zoned RS3-8, the minimum lot frontage shall be 20 metres
and a maximum number or combination of three (3) apartment
dwellings and/or townhouse dwellings shall be permitted.
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(f)
RS3-9-H
Notwithstanding the provisions of Sections 3.23 and 5.3 to the contrary, for the lands
zoned RS3-9-h, the holding zone will not be lifted until:
1. The existing dwelling at 23 Moulinette Road, Long Sault, has been added as a
listed property in the municipal heritage register; and
2. Council has approved a site plan control agreement including requirements for
planting replacement butternut trees on the property.
The following requirements will apply following removal of the holding symbol:
Permitted uses are limited to apartment dwellings
Minimum lot area: 1813 square metres
Minimum landscaped buffer (east side): 2.0 metres
Maximum height: 2.5 storeys above grade
Minimum interior side yard (north side): 3.0 metres
Minimum interior side yard (south side): 3.0 metres
Maximum lot coverage: 15%
Maximum dwelling units: 6
Moulinette road shall be considered the front yard, with access permitted through a
shared driveway or directly from Moulinette Road.
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(g)
Holding Zones:
RS3-h
Notwithstanding the provisions of Section 4.3 to the contrary, for the
lands zoned RS3-h, the holding (h) symbol will not be lifted until
Municipal services are available to the site.
RS3-8-h
Notwithstanding the provisions of Section 4.3 to the contrary, for the
lands zoned RS3-8-h, the holding (h) symbol will not be lifted until
Municipal services are available to the site.
(h)
Temporary Uses:
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5.4
Residential Single Services - First (RSS1) Zone
(a)
Permitted Uses:
-
dwelling, accessory apartment;
-
dwelling, single detached;
-
dwelling, secondary unit;
-
group home, type 1;
-
home-based business.
(b)
Zone Requirements:
(i)
Notwithstanding the provisions of this By-Law to the contrary, all
Dwelling, Secondary Units are subject to the provisions of Section
3.8.
(ii)
All other permitted uses:
Lot Area (minimum)
925 m2
(9956.62 sq.ft.)
Lot Frontage (minimum)
25 m
(82.02 ft.)
Yard Requirements (minimum)
Front
6 m
(19.69 ft.)
Rear
7.5 m
(24.61 ft.)
Exterior Side
6 m
(19.69 ft.)
Exterior Side
3.5m
(11.48 ft.)
Interior Side
2 m
(6.56 ft.)
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Lot Coverage (maximum)
25%
Floor Area (minimum)
70 m2
(753.47 sq.ft.)
Floor Area per Accessory Apartment Dwelling
(minimum)
Bachelor Unit
45 m
2
(484.37 sq.ft.)
One Bedroom Unit
55 m2
(592.01 sq.ft.)
Two Bedroom Unit
60 m2
(645.83 sq.ft.)
More than 2 Bedroom Unit 65 m2
(699.65 sq.ft.)
Dwelling per lot (maximum)
1
(c)
No dwelling shall be erected in this zone unless it is connected to a
municipal sanitary sewer or water service.
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(d)
Special Exceptions:
RSS1-1
Notwithstanding the provisions of Section 5.4 (b) to the contrary, for
the lands zoned RSS1-1, the minimum lot area shall be 120 square
metres.
RSS1-2
Notwithstanding the provisions of Section 5.4 (a) to the contrary, for
the lands zoned RSS1-2, the following uses shall also be permitted:
Contractor's Shop or Yard;
Office, Business or Professional.
RSS1-3
Notwithstanding the provisions of Section 5.4 (a) to the contrary, for
the lands zoned RSS1-3, the following use shall also be permitted:
Agricultural use.
RSS1-4
Notwithstanding the provisions of Section 5.4 (a) to the contrary, for
the lands zoned RSS1-4, the following use shall also be permitted:
Golf, Miniature.
RSS1-5
Notwithstanding the provisions of Section 5.4 (a) to the contrary, for
the lands zoned RSS1-5, the following use shall also be permitted:
Dwelling, Duplex;
Dwelling, Apartment Building.
Notwithstanding the provisions of Section 5.4 (b) to the contrary, for
the lands zoned RSS1-5, the maximum number of dwelling units
permitted per lot shall be 3 5.
RSS1-6
Notwithstanding the provisions of Section 5.4 (a) to the contrary, for
the lands zoned RSS1-6, only the following use shall be permitted:
The accessory storage building existing on the date of passing of this By-
law used for personal storage by owner of a residential lot located
elsewhere within the municipality. Storage shall be limited to items that
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area commonly stored on a residential property and shall be contained
wholly with the subject building.
Notwithstanding the provisions of Section 5.4 (b) to the contrary, for
the lands zoned RSS1-6, the minimum lot frontage shall be 19.2
metres, the minimum lot area shall be 723 square metres and the
maximum lot coverage shall be 32%.
RSS1-7
Notwithstanding the provisions of Section 5.4 (a) to the contrary, for
the lands zoned RSS1-7, the following use shall also be permitted:
Retail Store;
Office, Business or Professional.
Notwithstanding the provisions of Section 5.4 (b) to the contrary, for
the lands zoned RSS1-7, the minimum lot frontage shall be 22.2
metres.
RSS1-8
Notwithstanding the provisions of Section 5.4 (b) to the contrary, for
the lands zoned RSS1-8, the minimum lot frontage shall be 20.35
metres.
RSS1-9
Notwithstanding the provisions of Section 5.4 (b) to the contrary, for
the lands zoned RSS1-9, the minimum lot frontage shall be 10
metres.
RSS1-10
Notwithstanding the provisions of Section 5.4 (b) to the contrary, for
the lands zoned RSS1-10, the minimum lot frontage shall be 23.9
metres.
RSS1-11
Notwithstanding the provisions of Section 3.31 to the contrary, for
the lands zoned RSS1-11, not setback from a Floodplain (FP) zone
shall be required.
RSS1-12
Notwithstanding the provisions of Section 5.4 (a) to the contrary, for
the lands zoned RSS1-12, the following use shall also be permitted:
Retail sales of wood pellets.
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RSS1-13
Notwithstanding the provisions of Section 5.4 (b) to the contrary, for
the lands zoned RSS1-13, the minimum dwelling unit area shall be
60 square metres.
RSS1-14
Notwithstanding the provisions of Section 3.31 to the contrary, for
the lands zoned RSS1-14, the setback from a Floodplain (FP) zone
shall be 0 metres.
Notwithstanding the provisions of Section 5.4 (a) to the contrary, for
the lands zoned RSS1-14, the following use shall also be permitted:
Agricultural use;
Riding Stable.
Notwithstanding the provisions of Section 5.4 (b) to the contrary, for
the lands zoned RSS1-14, the minimum rear yard setback shall be
10 metres.
RSS1-15
Notwithstanding the provisions of Section 5.4 (a) to the contrary, for
the lands zoned RSS1-15, the following use shall also be permitted:
Automotive Repair Garage.
RSS1-16
Notwithstanding the provisions of Section 5.4 to the contrary, for the
lands along Bruce Street in Eamers Corners zoned RSS1-16, no
development shall occur on the lands until the property owner has
entered into a Site Plan Control Agreement with the Municipality
which includes the following provisions:
-
The minimum elevation of top of grade shall be 61 metres.
-
The minimum basement floor elevation shall be 60 metres.
-
The Agreement shall be registered on title.
RSS1-17
Notwithstanding the provisions of Section 5.4 (a) to the contrary, for the
lands zoned RSS1-17, the following uses shall also be permitted:
Agricultural Use, Small;
Greenhouse, Commercial.
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Notwithstanding the provisions of Section 5.4 (b) to the contrary, for the
lands zoned RSS1-17, the minimum setback for all yards shall be 10
metres.
RSS1-18
Notwithstanding the provisions of Section 5.4 (a) to the contrary, for the
lands zoned RSS1-18, the following use shall also be permitted:
Agricultural use (excluding building or structures).
RSS1-19
Notwithstanding the provisions of Sections 3.26 and 5.4 to the contrary, for the lands
zoned RSS1-19, "Agricultural Use, Small" uses are permitted to be established on the
subject lands, subject to compliance with Minimum Distance Separation (MDS).
(e)
Holding Zones:
RSS1-h
Notwithstanding the provisions of Section 4.3 to the contrary, for the
lands zoned RSS1-h, the holding (h) symbol will not be lifted until
Municipal services are available to the site.
RSS1-h(1)
Notwithstanding the provisions of Section 4.3 to the contrary, for the lands
zoned RSS1-h(1), the holding (h) symbol will not be lifted until the
Township is satisfied that the septic encroachment has been addressed.
RSS1-h(2)
For the lands zoned RSS1-h(2), the holding (h) symbol applies to the
location of the garage that existed as of November 25, 2015. The garage
and any portion above may not be converted to residential use until the
Township is satisfied that the requirements under the Environmental
Protection Act and Ontario Regulation 153/04, as amended, have been
addressed with respect to the former automotive garage use. The holding
zone does not apply to the remainder of the lands.
(f)
Temporary Uses:
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5.5
Residential Single Services - Second (RSS2) Zone
(a)
Permitted Uses:
-
boarding house;
-
dwelling, accessory apartment;
-
dwelling, duplex;
-
dwelling, semi-detached;
-
dwelling, single detached;
-
dwelling, secondary unit;
-
group home, type 1;
-
home-based business.
(b)
Zone Requirements:
(i)
For single detached dwellings and accessory apartment dwellings
in accordance with the provisions of Section 5.4. Notwithstanding
the provisions of this By-Law to the contrary, all Dwelling,
Secondary Units are subject to the provisions of Section 3.8.
(ii)
Semi-detached dwelling, Duplex dwelling:
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
1400 m2
30 m
(15069.47 sq.ft.)
(98.43 ft.)
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Front
Rear
6 m
9 7.5 m
(19.69 ft.)
(29.53 ft.)
(24.61 ft.)
Exterior Side
Exterior Side
6 m
3.5m
(19.69 ft.)
(11.48 ft.)
Interior Side
1.2 m
(3.9 ft.)
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Lot Coverage (maximum)
Floor Area (minimum)
25%
70 m2
(753.47 sq.ft.)
Dwelling per lot (maximum)
1
(c)
If a semi-detached dwelling is severed or separated through consent,
plan of subdivision or through the lifting of part lot control, the zone
requirements continue to apply to the original lot except that no minimum
side yard requirement shall apply along the common lot line.
BY-LAW
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BY-LAW
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2018-087
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2015-050
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(d)
Special Exceptions:
RSS2-1
Notwithstanding the provisions of Section 5.5 (a) to the contrary, for
the lands zoned RSS2-1, the following use shall also be permitted:
Two mobile homes existing on the date of passing of this By-law.
(e)
Holding Zones:
(f)
Temporary Uses:
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5.6
Hamlet Private Services Residential - First (RH1) Zone
(a)
Permitted Uses:
-
dwelling, accessory apartment;
-
group home, type 1;
-
home-based business;
-
dwelling, single detached;
-
dwelling, secondary unit.
(b)
Zone Requirements:
(i)
Notwithstanding the provisions of this By-Law to the contrary, all
Dwelling, Secondary Units are subject to the provisions of Section
3.8.
(ii)
All other permitted uses:
(i)
Single detached dwelling:
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
2800 m2
30 m
(0.69 ac.)
(98.43 ft.)
Front
6 m
(19.69 ft.)
Rear
9 m
(29.53 ft.)
Exterior Side
Exterior Side
6 m
3.5m
(19.69 ft.)
(11.48 ft.)
Interior Side
2 m
(6.56 ft.)
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Lot Coverage (maximum)
Floor Area (minimum)
25%
70 m2
(753.47 sq.ft.)
Floor Area per Accessory Apartment Dwelling (minimum)
Dwelling per lot (maximum)
1
One Bedroom Unit
55 m2
(592.01 sq.ft.)
Two Bedroom Unit
60 m2
(645.83 sq.ft.)
More than 2 Bedroom Unit 65 m2
(699.65 sq.ft.)
45 m2
(484.37 sq.ft.)
Bachelor Unit
BY-LAW
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(c)
Special Exceptions:
RH1-1
Notwithstanding the provisions of Section 5.6 (a) to the contrary, for
the lands zoned RH1-1, the following use shall also be permitted:
Home Industry.
RH1-2
Notwithstanding the provisions of Section 5.6 (b) to the contrary, for
the lands zoned RH1-2, the minimum lot frontage shall be 29 metres
and the minimum lot area shall be 2,750 square metres.
RH1-3
Notwithstanding the provisions of Section 5.6 (a) to the contrary, for
the lands zoned RH1-3, the following use shall also be permitted:
Upholstery shop.
RH1-4
Notwithstanding the provisions of Section 5.6 (a) to the contrary, for
the lands zoned RH1-4, the following use shall also be permitted:
Automotive Repair Garage.
RH1-5
Notwithstanding the provisions of Section 5.6 (b) to the contrary, for
the lands zoned RH1-5, the maximum height of an accessory
building located in a yard adjacent to a water body or adjacent to a
water body and Ontario Power Generation lands shall be 3 metres.
RH1-6
Notwithstanding the provisions of Section 3.1.1 to the contrary, for
the lands zoned RH1-6, the storage building existing on the date of
passing of this By-law shall be permitted to continue prior to the
construction of a dwelling.
RH1-7
Notwithstanding the provisions of Section 5.6 (a) to the contrary, for
the lands zoned RH1-7, the following use shall also be permitted:
Costume rental business.
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December 2023 Office Consolidation
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RH1-8
Notwithstanding the provisions of Section 5.6 (a) to the contrary, for
the lands zoned RH1-8, the following use shall also be permitted:
Agricultural use, small.
RH1-9
Notwithstanding the provision of Section 5.6 (b) (i) to the contrary, for the
lands zoned RH1-9, the minimum lot area shall be 2,400 square metres.
RH1-10
Notwithstanding the provisions of Section 5.6 (a) to the contrary, for the
lands zoned RH1-10, the minimum lot frontage shall be 8.6 metres.
RH1-11
Notwithstanding the provisions of Sections 5.6 b) and 5.3 to the contrary, for
the lands zoned RH1-11 the minimum lot frontage is 28 metres.
(d)
Holding Zones:
RH1-5-h(1)
Notwithstanding the provisions of Section 4.3 to the contrary, for the
lands zoned RH1-5-h, the holding (h) symbol will not be lifted until
development has been approved by plan of subdivision or consent.
RH1-h(2)
For the lands zoned RH1-h(2), the holding (h) symbol applies to the
location of the storage garage that existed as of June 10, 2020. The
garage and lands used in association of non-residential uses may
not be converted to residential uses may not be converted to
residential use until the Township is satisfied that the requirements
under the Environmental Protection Act and Ontario Regulation No.
153/04, as amended, have been addressed. The holding zone does
not apply to the remainder of the lands."
(e)
Temporary Uses:
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5.7
Hamlet Private Services Residential - Second (RH2) Zone
(a)
Permitted Uses:
-
boarding house;
-
dwelling, accessory apartment;
-
dwelling, duplex;
-
dwelling, semi-detached;
-
dwelling, single detached;
-
dwelling, secondary unit;
-
group home, type 1;
-
home-based business.
(b)
Zone Requirements:
(i)
For single detached dwelling and accessory apartment dwellings
in accordance with the provisions of Section 5.6. Notwithstanding
the provisions of this By-Law to the contrary, all Dwelling,
Secondary Units are subject to the provisions of Section 3.8.
(ii)
Semi-detached dwelling, Duplex dwelling:
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Lot Coverage (maximum)
25%
Floor Area (minimum)
70 m2
(753.47 sq.ft.)
Dwelling per lot (maximum)
1
(c)
If a semi-detached dwelling, or duplex dwelling, is severed or separated
through consent, plan of subdivision or through the lifting of part lot
control, the zone requirements continue to apply to the original lot except
that no minimum side yard requirement shall apply along the common lot
line.
(d)
Special Exceptions:
BY-LAW
2018-087
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Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
4000 m2
45 m
(0.98 ac.)
(147.64 ft.)
Front
6 m
(19.69 ft.)
Rear
9 7.5 m
(29.53 ft.)
Exterior Side
Exterior Side
6 m
3.5m
(24.61 ft.)
(19.69 ft.)
(11.48 ft.)
Interior Side
2 m
(6.56 ft.)
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(e)
Holding Zones:
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(f)
Temporary Uses:
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5.8
Rural Residential Private Services - First (RR1) Zone
(a)
Permitted Uses:
-
dwelling, accessory apartment;
-
dwelling, single detached;
-
dwelling, secondary unit;
-
group home, type 1;
-
home-based business;
-
home industry.
(b)
Zone Requirements:
(i)
Notwithstanding the provisions of this By-Law to the contrary, all
Dwelling, Secondary Units are subject to the provisions of Section
3.8.
(ii)
All other permitted uses:
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
2800 m2
30 m
(0.69ac.)
(98.43 ft.)
Front
6 m
(19.69 ft.)
Rear
9 m
(29.53 ft.)
Exterior Side
Exterior Side
6 m
3.5m
(19.69 ft.)
(11.48 ft.)
Interior Side
2 m
(6.56 ft.)
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Lot Coverage (maximum)
Floor Area (minimum)
25%
70 m2
(753.47 sq.ft.)
Floor Area per Accessory Apartment Dwelling (minimum)
Dwelling per lot (maximum)
1
(c)
Special Exceptions:
RR1-1
Notwithstanding the provisions of Section 5.8 (a) to the contrary, for
the lands zoned RR1-1, only the following use shall be permitted:
Dwelling, Single-Detached.
One Bedroom Unit
55 m2
(592.01 sq.ft.)
Two Bedroom Unit
60 m2
(645.83 sq.ft.)
More than 2 Bedroom Unit 65 m2
(699.65 sq.ft.)
45 m2
(484.37 sq.ft.)
Bachelor Unit
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RR1-2
Notwithstanding the provisions of Section 5.8 (b) to the contrary, for the
lands zoned RR1-2, the maximum height of an accessory building located
in a yard adjacent to a water body or adjacent to a water body and
Ontario Power Generation lands shall be 3 metres.
(d)
Holding Zones:
(e)
Temporary Uses:
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5.9
Rural Residential Private Services - Second (RR2) Zone
(a)
Permitted Uses:
-
dwelling, accessory apartment;
-
dwelling, duplex;
-
dwelling, semi-detached;
-
dwelling, single detached;
-
dwelling, secondary unit;
-
group home, type 1;
-
home-based business;
-
home industry.
(b)
Zone Requirements:
(i)
For single detached dwellings and accessory apartment dwellings
in accordance with the provisions of Section 5.8. Notwithstanding
the provisions of this By-Law to the contrary, all Dwelling,
Secondary Units are subject to the provisions of Section 3.8.
(ii)
Semi-detached dwelling, Duplex dwelling:
Front
6 m
(19.69 ft.)
(c)
If a semi-detached dwelling, or duplex dwelling, is severed or separated
through consent, plan of subdivision or through the lifting of part lot
control, the zone requirements continue to apply to the original lot except
that no minimum side yard requirement shall apply along the common lot
line.
(d)
Special Exceptions:
(e)
Holding Zones:
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Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
4000 m2
45 m
(0.98 ac.)
(147.64 ft.)
BY-LAW
2015-050
Rear
Exterior Side
Exterior Side
9 7.5 m
6 m
3.5m
(29.53 ft.)
(24.61 ft.)
(19.69 ft.)
(11.48 ft.)
Interior Side
2 m
(6.56 ft.)
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Lot Coverage (maximum)
Floor Area (minimum)
25%
70 m2
(753.47 sq. ft.)
Dwelling per lot (maximum)
1
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(f)
Temporary Uses:
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5.10
Residential Mobile Home Park (RMP) Zone
(a)
Permitted Uses:
-
dwelling, accessory;
-
mobile home park.
(b)
Zone Requirements:
(i)
Mobile Home Park:
Lot Area (minimum)
4 ha
(9.88 ac.)
Lot Frontage (minimum)
100 m
(328.08 ft.)
Yard Requirements (minimum)
Front
20 m
(65.62 ft.)
Rear
25 m
(82.02 ft.)
Exterior Side
10 m
(32.81 ft.)
Interior Side
10 m
(32.81 ft.)
Landscaped Open Space
5%
(ii)
Mobile Home Site:
Site Area (minimum)
460 m2
(4951.40 ft.)
Site Frontage (minimum)
23 m
(75.46 ft.)
Yard Requirements (minimum)
Front
3.5 m
(11.48 ft.)
Rear
1.5 m
(4.92 ft.)
Exterior Side
3 m
(9.84 ft.)
Interior Side
3 m
(9.84 ft.)
Building Height (maximum)
5 m
(16.4 ft.)
Site Coverage (maximum)
50%
Floor Area per Mobile Home
(minimum)
55.0 m2
(592.01 sq.ft)
Mobile Homes per Site
1
(iii)
Accessory Dwelling:
Site Area (minimum)
2100 m2
(22604.21 sq.ft)
Lot Frontage (minimum)
30 m
(98.43 ft.)
Yard Requirements (minimum)
Front
7.5 m
(24.61 ft.)
Rear
10 m
(32.81 ft.)
Exterior Side
4.5 m
(14.76 ft.)
Interior Side
4.5 m
(14.76 ft.)
Building Height (maximum)
5 m
Lot Coverage (maximum)
Dwelling Unit Area (minimum)
30%
60 m2
(645.83 sq.ft)
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(iv)
Accessory Building Height (maximum) 4.5 m
(14.75 ft.)
(c)
Special Exceptions:
RMP-1
Notwithstanding the provisions of Section 5.10 (b) to the contrary, for the lands
zoned RMP-1, the minimum lot area shall be 18,200 square metres (1.84
hectares) and the maximum number of mobile homes permitted per site shall be
12.
(d)
Holding Zones:
(e)
Temporary Uses:
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5.11
Additional Provisions for Residential Zones
(a)
Commercial Vehicle Parking:
A parking space or parking lot shall not be used for the parking or storage
of commercial vehicles within any Residential Zone. A commercial
vehicle may be parked temporarily for the delivery of goods, wares and
merchandise.
Notwithstanding the above, Commercial Vehicle Parking will be permitted
in association with a home-based business or a home industry.
(b)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 of this By-
law.
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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
(a)
Permitted Uses:
-
animal hospital;
-
art gallery;
-
artist's studio;
-
automotive store;
-
bake shop;
-
bar;
-
business training centre;
-
catering establishment;
-
clinic;
-
club, non-profit;
-
convenience store;
-
day nursery, licensed;
-
dressmaker/tailor shop;
-
dry cleaning or laundry outlet;
-
dwelling unit, accessory;
-
farmer's market;
-
financial institution;
-
funeral home;
-
gasoline bar;
-
laundromat;
-
office, business or professional;
-
outdoor commercial patio;
-
parking lot, public;
-
personal service establishment;
-
pet shop;
-
place of amusement;
-
recreational commercial establishment;
-
restaurant;
-
restaurant, take-out;
-
retail store;
-
school, commercial;
-
secondhand shop;
-
service or repair shop;
-
shopping centre;
-
taxi dispatch establishment;
-
theatre;
-
video rental outlet.
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(b)
Zone Requirements:
(i)
Development on private or partial services (municipal water or
sanitary sewers)
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
2000 m2
30 m
(21,527.82 sq.ft.)
(98.43 ft.)
Front
8 m
(26.25 ft.)
Rear
6 m
(19.69 ft.)
Exterior Side
6 m
(19.69 ft.)
Interior Side
6 m
(19.69 ft.)
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
6 m
(19.69 ft.)
Lot Coverage (maximum)
25%
Dwelling Units Accessory per Lot
(maximum)
Dwelling Unit Area (minimum)
1
60 m2
plus 12 m2
(645.83 sq.ft)
(129.17 sq.ft.)
for each
bedroom
beyond one (1)
(ii)
Development on full services (municipal water and sanitary
sewers)
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
1000 m2
20 m
(10763.91 sq.ft.)
(65.62 ft.)
Front
8 m
(26.25 ft.)
Rear
6 m
(19.69 ft.)
Exterior Side
6 m
(19.69 ft.)
Interior Side
6 m
(19.69 ft.)
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
6 m
(19.69 ft.)
Lot Coverage (maximum)
75%
Dwelling Units Accessory per Lot
(maximum)
Dwelling Unit Area (minimum)
1
60 m2
plus 12 m2
(645.83 sq.ft)
(129.17 sq.ft.)
for each
bedroom
beyond one
(1)
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(c)
If a commercial use is severed or separated through consent, plan of
subdivision or through the lifting of part lot control, the zone requirements
continue to apply to the original lot except that no minimum side yard
requirement shall apply along the common lot line.
(d)
Special Exceptions:
CG-1
Notwithstanding the provisions of Section 6.1 (a) to the contrary, for the
lands zoned CG-1, the following use shall also be permitted:
Dwelling, Single-detached.
CG-2
Notwithstanding the provisions of Section 6.1 (a) to the contrary, for the
lands zoned CG-2, only the following uses shall be permitted:
Automotive Store,
Restaurant, Take-out.
CG-3
Notwithstanding the provisions of Section 6.1 (b) to the contrary, for
the lands zoned CG-3, the minimum required front yard shall be 0
metres.
CG-4
Notwithstanding the provisions of Section 6.1 (b) to the contrary, for the
lands zoned CG-4, the minimum required lot area is 1,150 square metres
and the minimum required front yard is 7.5 metres.
CG-5
Reserve for future use.
CG-6
Notwithstanding the provisions of Section 6.1 (a) to the contrary, for the
lands zoned CG-6, the two existing rental dwelling units shall also be
permitted.
Notwithstanding the provisions of Section 6.1 (b) to the contrary, for the
lands zoned CG-6, the maximum number of dwelling units per lot shall be
3.
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CG-7
Notwithstanding the provisions of Section 3.23 to the contrary, for
the lands zoned CG-7, the maximum number of required parking
spaces for a clinic shall be 7.
CG-8
Notwithstanding the provisions of Section 6.1 (a) to the contrary, for
the lands zoned CG-8, the following uses shall also be permitted:
Building Supply Store;
Furniture and Home Improvement Centre;
Garden Centre;
Lumber Yard with accessory open storage.
For the yards immediately abutting Maple Street and SDG County
Road 14, a minimum of 3 metres (9.84 ft.) shall be landscaped open
space, combined with screening 2 metres (6.56 ft.) in height, or as
otherwise approved in the site plan control agreement.
CG-9
Notwithstanding the provisions of Section 6.1 (a) to the contrary, for
the lands zoned CG-9, the following use shall also be permitted:
Micro-Brewery.
Notwithstanding the provisions of Section 6.1 (b) to the contrary, for
the lands zoned CG-9, the minimum required front yard shall be 0
metres.
(e)
Holding Zones:
(f)
Temporary Zones:
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6.2
Highway Commercial (CH) Zone
(a)
Permitted uses:
-
agricultural machinery sales and service;
-
animal hospital;
-
art gallery;
-
artist's studio;
-
auction sales establishment;
-
automobile body shop accessory to automobile sales and rental
establishment;
-
automobile rental establishment;
-
automobile repair garage;
-
automobile sales or rental establishment;
-
automobile service station;
-
automotive store;
-
bar;
-
bingo hall;
-
box retail;
-
building supply store;
-
business training centre;
-
cardlock establishment
-
car washing establishment;
-
catering establishment;
-
dwelling, accessory;
-
dwelling unit, accessory;
-
equipment rental establishment - domestic
-
farm equipment sales and service
-
farm supply establishment;
-
farmer's market;
-
financial institution;
-
flea market;
-
funeral home;
-
furniture and home improvement centre;
-
garden centre;
-
garden nursery;
-
gasoline bar;
-
greenhouse, commercial;
-
laundromat;
-
lumber yard;
-
micro-brewery;
-
mini warehouse and storage;
-
office, business or professional;
-
outdoor commercial patio;
-
parking lot, public;
-
personal service establishment;
-
printing and publishing establishment;
-
clinic;
-
convenience store;
-
open storage;
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-
produce stand;
-
recreational vehicle sales, rental and storage establishment;
-
restaurant;
-
restaurant take-out;
-
retail store;
-
school, commercial;
-
secondhand shop;
-
service or repair shop;
-
shopping centre;
-
taxi dispatch establishment;
-
tourist establishment;
-
transportation depot;
-
veterinary establishment;
-
video rental outlet.
(b)
Zone Requirements:
(i)
Development on private or partial services (municipal water or
sanitary sewers)
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
2000 m2
30 m
(21,527.82 sq.ft.)
(98.43 ft.)
Front
8 m
(26.25 ft.)
Rear
6 m
(19.69 ft.)
Exterior Side
6 m
(19.69 ft.)
Interior Side
6 m
(19.69 ft.)
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
6 m
(19.69 ft.)
Lot Coverage (maximum)
20%
Accessory Dwelling or Accessory
Dwelling Units Per Lot (maximum) 1
(ii)
Development on full services (municipal water and sanitary
sewers)
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
1000 m2
20 m
(10,763.91 sq.ft)
(65.62 ft.)
Front
8 m
(26.25 ft.)
Rear
6 m
(19.69 ft.)
Exterior Side
6 m
(19.69 ft.)
Interior Side
6 m
(19.69 ft.)
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
6 m
(19.69 ft.)
Lot Coverage (maximum)
40%
Accessory Dwelling or Accessory
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Dwelling Units Per Lot (maximum) 1
(c)
If a commercial use is severed or separated through consent, plan of
subdivision or through the lifting of part lot control, the zone requirements
continue to apply to the original lot except that no minimum side yard
requirement shall apply along the common lot line.
(d)
Special Exceptions:
CH-1
Notwithstanding the provisions of Section 3.29 to the contrary, for the
lands zoned CH-1, the minimum geodetic grade elevation shall be 61
metres and the minimum geodetic basement floor elevation shall be 60
metres."
CH-2
Notwithstanding the provisions of Section 6.2 (a) to the contrary, for
the lands zoned CH-2, the following uses shall also be permitted:
Equipment and Vehicle Storage Yard - Industrial;
Equipment Sales Establishment - Industrial;
Equipment Service and Repair Establishment - Industrial;
Notwithstanding the provisions of Section 6.2 (b) to the contrary, for the
lands zoned CH-2, the minimum lot frontage shall be 27 metres.
Notwithstanding the provisions of Section 3.29 to the contrary, for the
lands zoned CH-2, the minimum geodetic grade elevation shall be 61
metres and the minimum geodetic basement floor elevation shall be 60
metres.
CH-3
Notwithstanding the provisions of Section 6.2 (a) to the contrary, for
the lands zoned CH-3, the following uses shall also be permitted:
Equipment and Vehicle Storage Yard - Industrial;
Equipment Sales Establishment - Industrial;
Equipment Service and Repair Establishment - Industrial;
Notwithstanding the provisions of Section 6.2 (a) to the contrary, for
the lands zoned CH-3, the following uses shall not be permitted:
Gasoline Bar;
Automobile Service Station;
Tourist Lodging Establishment;
Bar.
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Notwithstanding the provisions of Section 6.2 (b) to the contrary, for
the lands zoned CH-3, the minimum lot frontage shall be 27 metres.
Notwithstanding the provisions of Section 3.29 to the contrary, for the
lands zoned CH-2, the minimum geodetic grade elevation shall be 61
metres and the minimum geodetic basement floor elevation shall be 60
metres.
CH-4
Notwithstanding the provisions of Section 6.2 (a) to the contrary, for
the lands zoned CH-4, no buildings shall be permitted.
CH-5
Notwithstanding the provisions of Section 6.2 (a) to the contrary, for
the lands zoned CH-5, the following use shall also be permitted:
Contractor's Shop or Yard.
CH-6
Notwithstanding the provisions of Section 6.2 (b) to the contrary, for
the lands zoned CH-6, minimum lot frontage shall be 22.8 metres
and the buildings existing on the date of passing of this By-law are
deemed to conform to the required setbacks.
CH-7
Notwithstanding the provisions of Section 6.2 (a) to the contrary, for
the lands zoned CH-7, the following uses shall not be permitted:
Automotive Repair Garage;
Automobile Service Station;
Gasoline Bar.
Warehouse.
CH-8
Notwithstanding the definition of flea market and the provisions of
Section 6.2 (a) to the contrary, for the lands zoned CH-8, the
following use shall also be permitted:
Flea Market within a building.
CH-9
Notwithstanding the provisions of Section 6.2 (a) to the contrary, for
the lands zoned CH-9, the following use shall also be permitted:
Dwelling, Single-detached;
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Dwelling, Semi-detached.
CH-10
Notwithstanding the provisions of Section 6.2 (a) to the contrary, for
the lands zoned CH-10, only the following uses shall be permitted:
Furniture and Home Improvement Centre;
Dwelling, Accessory;
Dwelling unit, Accessory.
Notwithstanding the provisions of Section 6.2 (b) to the contrary, for
the lands zoned CH-10, the maximum gross floor area for a
Furniture and Home Improvement Centre shall not exceed 771
square metres.
CH-11
Notwithstanding the provisions of Section 6.2 (a) to the contrary, for
the lands zoned CH-11, the following uses shall also be permitted:
Dune Buggy Trail Operation;
Recreation Commercial Establishment.
CH-12
Notwithstanding the provisions of Section 3.20 (a) to the contrary,
for the lands zoned CH-12, open storage of recreational vehicles
shall be allow in the minimum front and minimum exterior side yard.
CH-13
Notwithstanding the provisions of Section 6.2 (b) to the contrary, for
the lands zoned CH-13, the minimum lot area shall be 1,600 square
metres.
CH-14
Notwithstanding the provisions of Section 6.2 (a) to the contrary, for
the lands zoned CH-14, the following use shall also be permitted:
School, Commercial;
Equipment Rental Establishment - Industrial;
Clinic.
CH-15
Notwithstanding the provisions of Section 6.2 (a) to the contrary, for
the lands zoned CH-15, the following use shall also be permitted:
Recreational Commercial Establishment.
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CH-16
Notwithstanding the provisions of Section 2 to the contrary, for the
lands zoned CH-16, the sales office is located at 15579 SDG
County Road 18.
CH-17
Notwithstanding the provisions of Section 6.2 (a) to the contrary, for
the lands zoned CH-17, the following use shall not be permitted:
Automobile Service Station;
Gasoline Bar;
Warehouse;
Clinic;
Workshop.
The use of any land, buildings or structures for an automotive repair
garage (including accessory uses) or other uses involving the repair
of vehicles is prohibited south of the Township sewer easement
located at 52R-7087, Parts 1 to 3;
No land, buildings or structures may be used for automotive repair
garages (including accessory uses) or other uses involving the
repair of vehicles unless the Township of South Stormont has
approved a site plan application for the proposed use.
(e)
Holding Zones:
CH-h
Notwithstanding the provisions of Section 4.3 to the contrary, for the
lands zoned CH-h, the holding (h) symbol will not be lifted until
Municipal services are available to the site.
(f)
Temporary Zones:
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6.3
Tourist Commercial (CT) Zone
(a)
Permitted Uses:
−
art gallery;
−
artist's studio;
−
assembly hall;
−
campground, tourist;
−
drive-in theatre;
−
dwelling, accessory;
−
dwelling unit, accessory;
−
dwelling, park model trailer in association with campground,
tourist;
−
gasoline bar;
−
golf course;
−
golf, mini;
−
marina;
−
museum;
−
open storage;
−
outdoor commercial patio;
−
personal service establishment;
−
place of amusement;
−
recreational commercial establishment;
−
restaurant;
−
restaurant, take-out;
−
retail tourist gift/craft shop;
−
seasonal camp;
−
theatre;
−
tourist establishment.
(b)
Zone Requirements:
(i)
Campground, Tourist
Lot Area (minimum)
4 ha
(9.88 acres)
Lot Frontage (minimum)
60 m
(196.85 ft.)
Yard Requirements (minimum)
Front
10 m
(32.81 ft.)
Rear
10 m
(32.81 ft.)
Exterior Side
10 m
(32.81 ft.)
Interior Side
5 m
(16.4 ft.)
Building Height (maximum)
11 m
(36.09 ft.)
Accessory Building Height 6 m
(19.96 ft.)
Accessory Dwelling or Accessory
Dwelling Units Per Lot (maximum) 1
Density (maximum)
25 campsites per ha
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(ii)
Other Uses:
Lot Area (minimum)
4000 m²
(43,055.64 sq. ft.)
Lot Frontage (minimum)
45 m
(147.64 ft.)
Yard Requirements
Front
10 m
(32.81 ft.)
Rear
10 m
(32.81 ft.)
Exterior Side
10 m
(32.81 ft.)
Interior Side
5 m
(16.4 ft.)
Building Height (maximum)
11 m
(36.09 ft.)
Accessory Building Height 6 m
(19.69 ft.)
Lot Coverage (maximum)
20%
Accessory dwelling or Accessory
Dwelling Units Per Lot (maximum) 1
(c)
If a commercial use is severed or separated through consent, plan of
subdivision or through the lifting of part lot control, the zone requirements
continue to apply to the original lot except that no minimum side yard
requirement shall apply along the common lot line.
(d)
Special Exceptions:
CT-1
Notwithstanding the provisions of Section 6.3 (a) to the contrary, for
the lands zoned CT-1, the following uses shall not be permitted:
Dwelling, Accessory;
Dwelling Unit, Accessory;
Dwelling, park model trailer in association with campground, tourist
Tourist Lodging Establishment;
Seasonal Camp;
Campground, Touristing Area.
CT-2
Notwithstanding the provisions of Section 6.3 (a) to the contrary, for
the lands zoned CT-2, the following use shall also be permitted:
Motor Speedway.
CT-3
Notwithstanding the provisions of Section 6.3 (a) to the contrary, for the
lands zoned CT-3, the following uses shall also be permitted:
Adventure games;
Mini-warehouse and storage.
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(e)
Holding Zones:
(f)
Temporary Zones:
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6.4
Recreation Commercial (CR) Zone
(a)
Permitted Uses:
−
art gallery;
−
artist's studio;
−
assembly hall;
−
campground, recreational;
−
club, non-profit;
−
drive-in theatre;
−
dwelling, accessory;
−
dwelling unit, accessory;
−
golf course;
−
golf, mini;
−
marina;
−
open storage;
−
outdoor recreational facility;
−
restaurant, take-out;
−
recreational commercial establishment;
−
seasonal camp;
−
theatre.
(b)
Zone Requirements:
(i)
Campground, Recreational:
Lot Area (minimum)
4 ha
(9.88 acres)
Lot Frontage (minimum)
60 m
(196.85 ft.)
Yard Requirements (minimum)
All
10 m
(32.81 ft.)
Building Height (maximum)
12 m
(39.37 ft.)
Accessory Building Height 6 m
(19.69 ft.)
Density (maximum)
25 campsites per ha
Accessory Dwelling or Accessory
Dwelling Units per Lot (maximum) 1
(ii)
Other Uses:
Lot Area (minimum)
4000 m2
(1 acres)
Lot Frontage (minimum)
45 m
(147.64 ft.)
Yard Requirements (minimum)
10 m
(32.81 ft.)
Building Height (maximum)
Main Building
12 m
(39.37 ft.)
Accessory Building
6 m
(19.69 ft.)
Lot Coverage (maximum)
25%
Accessory Dwelling or Accessory
Dwelling Units per Lot (maximum) 1
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(c)
If a commercial use is severed or separated through consent, plan of
subdivision or through the lifting of part lot control, the zone requirements
continue to apply to the original lot except that no minimum side yard
requirement shall apply along the common lot line.
(d)
Special Exceptions:
(e)
Holding Zones:
(f)
Temporary Zones:
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6.5
Additional Provisions for Commercial Zones
(a)
Increased Yard Requirements:
(i)
Where a General Commercial zoned property abuts a Residential
or Institutional zoned property, the minimum side yard requirement
on the abutting side shall be increased to 7.5 metres (24.61 ft.)
and the minimum rear yard requirement shall be increased to
10.5 metres (34.45 ft.) of which 3 metres (9.84 ft.) shall be
landscaped open space.
(ii)
Where a Highway Commercial, Tourist Commercial or
Recreational Commercial zoned property abuts a Residential or
Institutional zoned property, the minimum side yard requirements
on the abutting side shall be increased to 12 metres (39.37 ft.) and
minimum rear yard shall be increased to 15 metres (49.21 ft.) of
which 3 metres (9.84 ft.) shall be landscaped open space. In the
case of a tent and trailer park, the landscaped open space shall
be either 30 metres (98.43 ft.) in depth or 6 metres (19.69 ft.) in
depth combined with screening 2 metres (6.56 ft.) in height in
accordance with site plan control.
(b)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 of this By-
law.
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SECTION 7: 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 Sections of this By-law.
7.1
Light Industrial (ML) Zone
(a)
Permitted Uses:
-
automobile sales and rental establishment;
-
automobile rental establishment;
-
automotive store;
-
bakery;
-
box retail;
-
broadcasting studio;
-
cannabis production and processing;
-
car washing establishment;
-
clinic;
-
convenience store;
-
dry cleaning or laundry outlet;
-
equipment rental establishment - domestic;
-
financial institution;
-
furniture and home improvement centre;
-
industrial use, Class 1 Industry;
-
micro-brewery;
-
mini warehouse and storage;
-
office, professional or business;
-
personal service establishment;
-
place of assembly;
-
printing and publishing establishment;
-
recreational commercial establishment;
-
research and development centre;
-
restaurant;
-
restaurant, take-out;
-
school, commercial;
-
service or repair shop;
-
training centre;
-
veterinary establishment;
-
warehouse;
-
workshop;
-
accessory uses such as a cafeteria, an office, a factory outlet and
a retail store.
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(b)
Zone Requirements:
(i)
Development on private or partial services (municipal water or
sanitary sewers):
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
2000 m2
30 m
(0.5 acres)
(98.43 ft.)
Front
10 m
(32.81 ft.)
Rear
10 m
(32.81 ft.)
Exterior Side
10 m
(32.81 ft.)
Interior Side
5 m
(16.4 ft.)
Building Height (maximum)
15 m
(49.21 ft.)
Accessory Building
6.0 m
(19.69 ft.)
Lot Coverage (maximum)
30%
(ii)
Development on full services (municipal water and sanitary
sewers)
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
1000 m2
20 m
(10,763.91 sq.ft.)
(65.62 ft.)
Front
7.5 m
(24.61 ft.)
Rear
7.5 m
(24.61 ft.)
Exterior Side
7.5 m
(24.61 ft.)
Interior Side
3 m
(9.84 ft.)
Building Height (maximum)
15 m
(49.21 ft.)
Accessory Building
6 m
(19.69 ft.)
Lot Coverage (maximum)
40%
(c)
If an industrial use is severed or separated through consent, plan of
subdivision or through the lifting of part lot control, the zone requirements
continue to apply to the original lot except that no minimum side yard
requirement shall apply along the common lot line.
(d)
Special Exceptions:
(e)
Holding Zones:
(f)
Temporary Zones:
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7.2
General Industrial (MM) Zone
(a)
Permitted Uses:
-
automobile body shop;
-
automobile repair garage;
-
automobile service station;
-
bakery;
-
building supply store;
-
cannabis production and processing;
-
cardlock establishment;
-
contractor's shop or yard or shop;
-
concrete batching plant;
-
dry cleaning or laundry plant;
-
equipment rental establishment - industrial;
-
equipment sales establishment - industrial;
-
equipment service and repair establishment - industrial;
-
equipment vehicle storage yard - industrial;
-
fuel depot, bulk;
-
gasoline bar;
-
industrial use, class 1 industry and class 2 industry;
-
impound yard;
-
lumber yard;
-
mini warehouse and storage;
-
monument sales and manufacturing;
-
open storage;
-
transportation terminal;
-
warehouse;
-
workshop;
-
accessory uses such as a cafeteria, an office, a factory outlet and
a retail store.
-
Office, business or professional research & development centre
(b)
Zone Requirements:
(i)
Development on private or partial services (municipal water or
sanitary sewers)
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
2000 m2
20 m
(0.5 acres)
(65.62 ft.)
Front
10 m
(32.81 ft.)
Rear
10 m
(32.81 ft.)
Exterior Side
7.5 m
(24.61 ft.)
Interior Side
5 m
(16.4 ft.)
Building Height (maximum)
Main Building
30 m
(98.43 ft.)
Accessory Building
12 m
(39.37 ft.)
Lot Coverage (maximum)
50%
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(ii)
Development on full services (municipal water and sanitary
sewers)
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
1000 m2
20 m
(5005.2 sq.ft.)
(49.21 ft.)
Front
7.5 m
(24.61 ft.)
Rear
7.5 m
(24.61 ft.)
Exterior Side
7.5 m
(24.61 ft.)
Interior Side
3 m
(9.84 ft.)
Building Height (maximum)
30 m
(98.43 ft.)
Accessory Building 6 m
(19.69 ft.)
Lot Coverage (maximum)
50%
(c)
If an industrial use is severed or separated through consent, plan of
subdivision or through the lifting of part lot control, the zone requirements
continue to apply to the original lot except that no minimum side yard
requirement shall apply along the common lot line.
(d)
Special Exceptions:
MM-1
Notwithstanding the provisions of Section 7.2 (a) to the contrary, for
the lands zoned MM-1, the following uses shall not be permitted:
Automobile Body Shop;
Contractor's Shop or Yard;
Fuel Depot, Bulk.
MM-2
Notwithstanding the provisions of Section 7.2 (a) to the contrary, for
the lands zoned MM-2, only the following uses shall be permitted:
Vehicle and cable equipment storage facility;
Dwelling Unit, Accessory.
Workshop;
Dwelling, Accessory.
MM-3
Notwithstanding the provisions of Section 7.2 (a) to the contrary, for
the lands zoned MM-3, the following use shall also be permitted:
Office, Business or Professional.
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MM-4
Notwithstanding the provisions of Section 7.2 (a) to the contrary, for
the lands zoned MM-4, only the following uses shall be permitted:
Contractor's Shop or Yard;
Transportation Terminal.
Notwithstanding the provisions of Section 7.2 (b) to the contrary, for
the lands zoned MM-4, the buildings existing on the date of passing
of this By-law are deemed to conform to the required setbacks.
MM-5
Notwithstanding the provisions of Section 7.2 (a) to the contrary, for
the lands zoned MM-5, the following use shall also be permitted:
Retail Steel Sales.
MM-6
Notwithstanding the provisions of Section 7.2 (a) to the contrary, for
the lands zoned MM-6, the following use shall also be permitted:
Winery.
MM-7
Notwithstanding the provisions of Section 7.2 (a) to the contrary, for
the lands zoned MM-7, the following use shall also be permitted:
Automobile Sales and Rental Establishment.
(e)
Holding Zones:
MM-1-h
Notwithstanding the provisions of Section 4.3 to the contrary, for the
lands zoned MM-h-1, the holding (h) symbol will not be lifted until
Municipal services are available to the site.
(f)
Temporary Zones:
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7.3
Heavy Industrial (MH) Zone
(a)
Permitted Uses:
-
bakery;
-
cannabis production and processing;
-
industrial use, class 2 industry and class 3 industry;
-
transportation terminal;
-
warehouse;
-
accessory uses such as a cafeteria, an office.
-
Ancillary railway facilities
-
Asphalt batching plant
-
Concrete batching plant
-
Grain drying facility
-
Greenhouse commercial
-
Livestock sales outlet
-
Railway yard
-
Recycling deport
-
Recycling yard
-
Sawmill
-
Transfer station
-
Transportation depot
-
workshop
(b)
Zone Requirements:
(i)
Development on private or partial services (municipal water or
sanitary sewers):
Lot Area (minimum)
1 ha
(2.5 acres)
Lot Frontage (minimum)
60 m
(196.85 ft.)
Yard Requirements (minimum)
Front
10 m
(32.81 ft.)
Rear
10 m
(32.81 ft.)
Exterior Side
10 m
(32.81 ft.)
Interior Side
10 m
(32.81 ft.)
Building Height (maximum)
30 m
(98.43 ft.)
Accessory Building
12 m
(39.37 ft.)
Lot Coverage (maximum)
50%
(ii)
Development on full services (municipal water and sanitary
sewers)
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
1000 m2
20 m
(5005.22 sq.ft.)
(49.21 ft.)
Front
7.5 m
(24.61 ft.)
Rear
7.5 m
(24.61 ft.)
Exterior Side
7.5 m
(24.61 ft.)
Interior Side
3 m
(9.84 ft.)
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Building Height (maximum)
30 m
(98.43 ft.)
Accessory Building
12 m
(93.37 ft.)
Lot Coverage (maximum)
50%
(c)
If an industrial use is severed or separated through consent, plan of
subdivision or through the lifting of part lot control, the zone requirements
continue to apply to the original lot except that no minimum side yard
requirement shall apply along the common lot line.
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(d)
Special Exceptions:
MH-1
Notwithstanding the provisions of Section 7.3 (a) to the contrary, for
the lands zoned MH-1, the following uses shall not be permitted:
Automobile Body Shop;
Contractor's Shop or Yard;
Fuel Depot, Bulk.
(e)
Holding Zones:
MH-1-h
Notwithstanding the provisions of Section 4.3 to the contrary, for the
lands zoned MH-1-h, the holding (h) symbol will not be lifted until
Municipal services are available to the site.
(f)
Temporary Zones:
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7.4
Rural Industrial (MR) Zone
(a) Permitted uses:
-
abattoir;
-
automotive body shop;
-
automobile repair garage;
-
building supply store;
-
cannabis production and processing;
-
cardlock establishment;
-
contractor's shop or yard or shop;
-
dwelling, accessory;
-
dwelling unit, accessory;
-
equipment rental establishment - industrial;
-
equipment sales establishment - industrial;
-
equipment service and repair establishment - industrial;
-
equipment vehicle storage yard - industrial;
-
farm equipment sales and service;
-
farm supply establishment;
-
fuel depot, bulk;
-
garden centre;
-
garden nursery;
-
industrial uses, Class 1 Industry and Class 2 Industry;
-
impound yard;
-
livestock sales outlet;
-
lumber yard;
-
mini warehouse and storage;
-
monument sales and manufacturing;
-
open storage;
-
printing and publishing establishment;
-
sawmill;
-
sawmill, portable;
-
transportation depot;
-
transportation terminal;
-
warehouse;
-
workshop;
-
accessory uses such as a cafeteria, an office, a factory outlet and
a retail store.
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(b)
Zone Requirements:
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
4000 m²
45 m
(0.98 acres)
(147.64 ft.)
Front
15 m
(49.21 ft.)
Side
9 m
(29.53 ft.)
Rear
12 m
(39.37 ft.)
Lot Coverage (maximum)
30%
Building Height (maximum)
Main Building
15 m
(49.21 ft.)
Accessory Building
6 m
(19.69 ft.)
Accessory Dwelling or Accessory
Dwelling Units Per Lot (maximum) 1
(c)
Special Exceptions:
MR-1
Notwithstanding the provisions of Section 7.4 (a) to the contrary, for
the lands zoned MR-1, only the following uses shall be permitted:
Automobile Sales or Rental Establishment;
Automotive Repair Garage;
Equipment Service and Repair Establishment - Industrial;
Equipment and Vehicle Storage Yard - Industrial;
Open Storage;
Transportation Depot;
Warehouse;
Workshop;
Dwelling, Accessory Apartment;
Contractor's Shop or Yard;
Office, Business or Professional;
Mini Warehouse and Storage
Home-Based Business
Existing Dwelling Unit (2)
Accessory uses to the foregoing.
Notwithstanding the provisions of Section 7.4 (b) to the contrary, for the
lands zoned MR-1, the maximum number of accessory dwelling
apartments dwelling units is 2.
MR-2
Notwithstanding the provisions of Section 7.4 (a) to the contrary, for
the lands zoned MR-2, the following uses shall not be permitted:
Abattoir;
Fuel Depot, Bulk.
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MR-3
Notwithstanding the provisions of Section 7.4 (a) to the contrary, for
the lands zoned MR-3, only the following uses shall be permitted:
Dwelling, Accessory;
Workshop;
Accessory uses to the foregoing.
MR-4
Notwithstanding the provisions of Section 7.4 (a) to the contrary, for
the lands zoned MR-4, only the following uses shall be permitted:
Equipment and Vehicle Storage Yard - Industrial;
Garden Centre;
Lumber Yard.
MR-5
Notwithstanding the provisions of Section 7.4 (a) to the contrary, for
the lands zoned MR-5, the following uses shall also be permitted:
Transfer Station,
Household Hazardous Waste Depot.
MR-6
Notwithstanding the provisions of Section 7.4 (c) to the contrary, for the
lands zoned MR-6, the following uses shall also be permitted:
Storage of Recreational Vehicles.
MR-7
Notwithstanding the provisions of Section 7.4 (a) to the contrary, for the
lands zoned MR-7, only the following uses shall be permitted:
Workshop;
Automotive body shop;
Contractor's shop or yard;
Dwelling, accessory;
Equipment service and repair establishment - industrial.
(d)
Holding Zones:
(e)
Temporary Zones:
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7.5
Additional Provisions for Industrial Zones
(a)
Accessory Dwellings:
(i)
Accessory dwellings which are not connected to piped municipal
sewer and water services shall conform to the requirements of the
RH1 Zone for single dwellings. Those which are connected by a
single service shall conform to RSS1 requirements and those
which are connected with full municipal services shall conform to
the RS1 requirements.
(ii)
Accessory dwelling units shall have a minimum floor area of 60 m2
(645.83 sq.ft.).
(b)
Increased Yard Requirements:
(i)
Where any General Industrial or Heavy Industrial Zoned property
abuts a Residential Zoned property, the abutting yard shall be
15 m (49.21 ft.) or 1.5 times the height of the building whichever is
greater
(ii)
Where a Light Industrial or Rural Industrial Zoned property abuts a
Residential or Institutional Zoned property, the minimum yard
requirement of the abutting yard shall be increased to 10 metres
(32.81 ft.) of which 3 metres (9.84 ft.) shall be landscaped open
space.
(c)
Fencing:
All lots shall be fenced to a depth of 45 metres (147.64 ft.) from the street
line along the side lot line with a maximum height of 2.4 metres (7.87 ft.).
Notwithstanding the foregoing, fencing requirements may be omitted if
approved by Site Plan Control. .
(d)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 of this By-
law.
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SECTION 8: INSTITUTIONAL ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in an Institutional Zone except in accordance with the provisions of this Section
or of any other relevant Sections of this By-law.
8.1
Institutional (I) Zone
(a)
Permitted Uses:
-
assembly hall;
-
cemetery;
-
clinic;
-
club, non-profit;
-
day nursery, licensed;
-
dwelling, accessory;
-
dwelling unit, accessory;
-
fairground;
-
hospice;
-
hospital;
-
institution;
-
museum;
-
nursing home;
-
outdoor recreational facility
-
park
-
parking lot, public;
-
place of worship;
-
school.
(b)
Zone Requirements:
(i)
Development on private or partial services (municipal water or
sanitary sewers)
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
2000 m2
30 m
(0.5 acres)
(98.43 ft.)
Front
8 m
(26.25 ft.)
Rear
8 m
(26.25 ft.)
Exterior Side
6 m
(19.69 ft.)
Interior Side
6 m
(19.69 ft.)
Building Height (maximum)
Main Building
20 m
(65.69 ft.)
Accessory Building
5 m
(16.4 ft.)
Lot Coverage (maximum)
30%
Dwelling Units per Lot (maximum) 1
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(ii)
Development on full services (municipal water and sanitary
sewers)
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
1000 m2
20 m
(10,764.2 sq.ft.)
(65.62 ft.)
Front
8 m
(26.25 ft.)
Rear
8 m
(19.69 ft.)
Exterior Side
6 m
(19.69 ft.)
Interior Side
6 m
(19.69 ft.)
Building Height (maximum)
Main Building
20 m
(39.37 ft.)
Accessory Building
6 m
(19.69 ft.)
Lot Coverage (maximum)
75%
Dwelling Units per Lot (maximum) 1
(c)
Special Exceptions:
I-1
Notwithstanding the provisions of Section 8.1 (b) to the contrary, for the
lands zoned I-1, the minimum interior side yard on the south side of the
lot shall be 1.5 metres.
I-2
Notwithstanding the provisions of Section 8.1 (b) to the contrary, for the
lands zoned I-2, the required minimum yard adjacent to a residential use
shall be 8 metres and any new buildings will be limited in height to the
highest roofline of the existing building on the property.
I-3
Notwithstanding the provisions of Section 8.1 (a) to the contrary, for the
lands zoned I-3, the following use shall also be permitted:
Crematorium.
I-4
Notwithstanding the provisions of Section 3.31 to the contrary, for the
lands zoned I-4, no setback is required from a Floodplain (FP) zone.
(d)
Holding Zones:
(e)
Temporary Zones:
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8.2
Additional Provisions for Institutional Zones
(a)
Accessory Dwellings:
Accessory dwellings which are not connected to piped municipal sewer
and water services shall conform to the requirements of the RH1 Zone for
single dwellings. Those which are connected by a single service shall
conform to RSS1 requirements and those which are connected with full
municipal services shall conform to the RS1 requirements.
(b)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 of this By-
law.
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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 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
(a)
Permitted Uses:
-
agricultural use, excluding buildings;
-
cemetery;
-
club, non-profit;
-
conservation use;
-
fairground;
-
farm produce outlet;
-
forestry use;
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-
outdoor recreational facility;
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park;
-
sawmill, portable;
-
seasonal camp.
(b)
Zone Requirements:
(i)
No minimum area or frontage shall be required for any lot
provided that no buildings or recreational facilities are located
thereon.
(ii)
All yards have a minimum yard requirement of 10 metres
(32.81 ft.).
(iii)
No building, structure or recreational facility except a marine
facility shall be located closer than 6 metres (19.69 ft.) to any lot
line and the lot coverage shall not exceed 10%.
(iv)
Maximum coverage including main and accessory buildings shall
not exceed 35%.
(c)
Special Exceptions:
OS-1
Notwithstanding the provisions of Section 9.1 (a) to the contrary, for the
lands zoned OS-1, the following use shall also be permitted:
Parking Lot, Public.
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(f)
Holding Zones:
(g)
Temporary Zones:
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9.2
Additional Provisions for Open Space Zones
(a)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 of this By-
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SECTION 10: AGRICULTURAL ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in an Agricultural Zone except in accordance with the provisions of this Section
and any other relevant Sections of this By-law.
10.1
Agricultural (A) Zone:
(a)
Permitted Uses:
-
agricultural uses;
-
agricultural-related uses;
-
agricultural uses, small;
-
conservation use;
-
dwelling, accessory;
-
dwelling, accessory apartment;
-
dwelling, single detached;
-
dwelling, secondary unit;
-
existing cemetery;
-
farm produce outlet;
-
forestry use;
-
garden nursery;
-
greenhouse, commercial;
-
group home, type 1;
-
home-based business;
-
home industry;
-
kennel;
-
riding stable;
-
sawmill, portable;
-
sod farm.
(b)
Zone Requirements:
(i)
Notwithstanding the provisions of this By-Law to the contrary, all
Dwelling, Secondary Units are subject to the provisions of Section
(ii)
Agricultural Uses (new lots):
Lot Area (minimum)
19 ha
(46.95 ac.)
Lot Frontage (minimum)
60 m
(196.85 ft.)
Yard Requirements (minimum)
All Yards
10 m
32.81 ft.)
Lot Coverage (maximum)
20%
Building Height (maximum)
Main Building
Accessory Building
11 m
4.5 m
(36.09 ft.)
(14.76 ft.)
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(iii)
Agricultural Uses, Agricultural Uses (existing lots of record),
Conservation Uses and Forestry Uses:
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
4 ha
60 m
(9.8 ac.)
(196.85 ft.)
All Yards
10 m
32.81 ft.)
Lot Coverage (maximum)
20%
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.76 ft.)
(iv)
Single detached dwellings:
Lot Area (minimum)
4000 m2
(0.98 ac.)
Lot Frontage (minimum)
30 m
(98.43 ft.)
Yard Requirements (minimum)
Front Yard
10 m
(32.81 ft.)
Rear Yard
10 m
(32.81 ft.)
Side Yards
5 m
(16.4 ft.)
Lot Coverage (maximum)
25%
Building Height (maximum)
Main Building
12 m
(39.37 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Dwelling Unit Area (minimum)
70 m2
(753.47 sq.ft)
Floor Area per Accessory Apartment Dwelling
(minimum)
Dwellings per lot (maximum)
1
(i)
Other Uses:
Lot Area (minimum)
8000 m2
(1.98 ac.)
Lot Frontage (minimum)
45 m
(147.64 ft.)
Yard Requirements (minimum)
All Yards
10 m
(32.81 ft.)
Lot Coverage (maximum)
25%
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.76 ft.)
(c) Special Exceptions:
A-1
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-1, the following uses are not permitted:
One Bedroom Unit
55 m2
(592.01 sq.ft.)
Two Bedroom Unit
60 m2
(645.83 sq.ft.)
More than 2 Bedroom Unit 65 m2
(699.65 sq.ft.)
45 m2
(484.37 sq.ft.)
Bachelor Unit
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Dwelling, accessory;
Dwelling, accessory apartment;
Dwelling, single-detached;
Group Home, Type 1;
Home industry;
Home-based business.
A-2
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-2, the two single detached dwellings on the property
existing on the date of passing of this By-law shall also be permitted.
A-3
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-3, the following use shall also be permitted:
Mobile Home exclusively used as an Art Studio.
A-4
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-4, the following uses shall also be permitted:
Winery;
Workshop.
A-5
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-5, the following use shall also be permitted:
Automotive Repair Garage.
A-6
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-6, only the following uses shall be permitted:
Automobile Body Shop;
Detailing/ Customizing Shop;
Welding Shop.
A-7
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-7, the following use shall also be permitted:
Contractor's Shop or Yard.
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A-8
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-8, the following use shall also be permitted:
Retail Store.
A-9
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-9, the following use shall also be permitted:
Boarding House.
A-10
Notwithstanding the provisions of Section 10.1 (b) to the contrary, for the
lands zoned A-10, the following use shall also be permitted:
Agricultural use, small.
A-11
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-11, the following use shall also be permitted:
Dwelling, Semi-detached.
A-12
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-12, the following uses shall also be permitted:
Equipment Service and Repair Establishment - Industrial;
Equipment and Vehicle Storage Yard - Industrial;
and accessory uses to the foregoing.
A-13
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-13, the following uses shall also be permitted:
Pet Cemetery;
Pet Crematorium.
A-14
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-14, the following use shall also be permitted:
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Recreational Vehicle Sales, Rental and Storage Establishment.
A-15
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-15, the following uses shall also be permitted:
Kennel;
Pet Crematorium.
A-16
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-16, the following use shall also be permitted:
Auction Sales Establishment.
A-17
Notwithstanding the provisions of Section 10.1 (b) (ii) to the contrary, for
the lands zoned A-17, the required minimum lot frontage shall be 27 m
(90 ft.).
A-18
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-18, only the following uses are permitted:
Dwelling, accessory apartment
Dwelling, single-detached;
Group home, type 1;
Home industry;
Home-based business.
Notwithstanding the provisions of Section 10.1 (b) to the contrary, the
minimum lot area is 4,046m2.
A-19
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-19, only the following uses are permitted:
Dwelling, single-detached;
Group home, type 1;
Home-based business;
Home industry;
Agricultural-related uses;
Agricultural uses, small;
Farm produce outlet;
Garden nursery.
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A-20
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-20, only the following uses are permitted:
Dwelling, Accessory Apartment;
Dwelling, Single-detached;
Group Home, Type 1;
Home-based business;
Home Industry.
Notwithstanding the provisions of Section 10.1 (b) to the contrary, for the
lands zoned A-20, minimum lot area shall be 3800m2, the minimum lot
frontage shall be 37 metres, the minimum interior side yard shall be 7
metres, and the maximum height for an accessory building shall be 11
metres.
A-21
Notwithstanding the provisions of Section 10.1 (b) (iii) to the contrary, for
the lands zoned A-21, the minimum front yard setback shall be 3.5 metres
(11.48 ft.).
A-22
Notwithstanding the provisions of Section 10.1 (b) to the contrary, for the
lands zoned A-22, the minimum lot area is 41.5 acres.
A-23
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-23, the minimum lot frontage is 7.5 metres, and the
maximum number of dwelling units is 2.
A-24
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-24, the minimum lot frontage shall be 9 metres.
A-25
Notwithstanding the provisions of Section 10.1 (a) to the contrary, for the
lands zoned A-25, the minimum lot frontage shall be 15 metres.
(d) Holding Zones:
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(e) Temporary Zones:
AG-t(l)
Notwithstanding the provisions the by-law to the contrary, for the lands zoned
AG-t(l),
Outdoor and environmental education, ecotourism, and agrotourism uses with
associated camping facilities are permitted to establish as a temporary use on
the subject lands for a temporary time period commencing on March 24, 2021
and expiring on March 23, 2024.
A maximum of 10 campsites or cabins associated with these uses are
permitted.
All campsites and cabins must be setback a minimum of 20 metres (66 feet)
from a lot line, with the exception of the County Road 18 frontage.
No use of the property for camping shall be permitted until the owner enters into
a site plan agreement with the Township of South Stormont.
The provisions of the Agricultural (AG) zone shall apply to all other uses and
buildings other than campsites and cabins."
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10.2
Additional Provisions for Agricultural Zones:
(a)
Dwellings:
Single Detached Dwellings per lot (maximum):
1
Accessory Dwellings per lot (maximum):
1
An accessory dwelling may be permitted in the Agricultural Zone provided
that such accessory dwellings conforms with the provisions of Section 5.8
(b) and, notwithstanding the provisions of Section 3.18 (g) such unit may
only be on a lot that conforms to the minimum lot area for a agricultural
use.
The accessory dwelling shall be permitted on an operating farm for a full
time employee on the farm or for a family member actively engaged in the
farming operation provided that such dwelling is a minimum of 6 metres
(19.69 ft.) from the other dwelling and has a minimum floor area of 60 m²
(485.83 sq. ft.).
(a)
Accessory Dwellings:
(i)
Notwithstanding the limitation of one (1) dwelling per lot in the
Agricultural Zone, an accessory dwelling may also be permitted in
the Agricultural Zone. The maximum number of single detached
accessory dwellings per lot is 1. Accessory dwellings shall not be
permitted on a lot with an accessory apartment dwelling a
dwelling, secondary unit.
(ii)
Accessory dwellings are permitted provided that such accessory
dwelling conforms with the provisions of Section 5.8 (b).
(iii)
The accessory dwelling shall be permitted only on an operating
farm for a full time employee on the farm or for a family member
actively engaged in the farming operation provided that such
dwelling is a minimum of 6 metres (19.69 ft.) from the other
dwelling and has a minimum floor area of 60 m² (445.83 sq. ft.) 45
m2 (484.38 ft2).
(iv)
Notwithstanding the provisions of Section 3.18 (g) such unit may
only be on a lot that conforms to the minimum lot area for an
agricultural use.
(b)
Intensive Livestock Operations:
New and/or expansions to existing intensive livestock operations shall be
in accordance with the provisions of Section 3 of this By-law.
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(c)
Farm Building and Manure Storage Location (MDS):
(i)
The minimum distance between any barn, silo, manure storage or
other building or structure used or intended to be used for the
keeping of any type of livestock and a residential building on
another lot shall be determined according to the Minimum
Distance Separation Two (MDS II).
(ii)
The minimum distance between any residential dwelling and a
barn, silo, manure storage area or other building or structure used
or intended to be used for the keeping of any type of livestock
located on another lot shall be determined according to Minimum
Distance Separation One (MDS I). Notwithstanding this provision,
the MDS I requirements shall not apply to non-agricultural uses on
Lots of Record.
(d)
Residence Surplus to a Farm Operation:
(i)
Notwithstanding any other provision or standard contained in this
by-law to the contrary, a residential lot (Flag lot) created as a
result of a Consent Application to dispose of a Residence Surplus
to a Farm Operation may have a minimum frontage of 12 m (39.3
feet).
(ii)
The retained lot for a Residence Surplus to a Farm Operation
shall be considered an existing lot of record for the purposes of
Section 10.1 b) ii)
(e)
Wayside Pit or Wayside Quarry:
The requirements of the Aggregate Resources Act shall apply to any
wayside pit or wayside quarry.
(f)
Open Storage:
Open Storage shall be permitted in accordance with the provisions of
Section 3 of this By-law.
(g)
Accessory Building Height:
Notwithstanding the height restrictions of Section 10.1(b) to the contrary,
an accessory building may be constructed to a maximum height of 6.1
metres (20 feet), provided that it can meet the minimum yard requirements
applicable to the main use and all other applicable provisions in this By-law
are complied with.
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(h)
Keeping of Livestock:
The keeping or raising of livestock in the Agricultural (A) zone shall be
prohibited on lots having an area less than 8000 m2 (1.98 acres).
(i)
Other General Provisions:
Other general provisions shall be in accordance with the provisions of
Section 3 of this By-law.
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SECTION 11: RURAL ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Rural Zone except in accordance with the provisions of this Section and
any other relevant Sections of this By-law.
11.1
Rural (RU) Zone
(a)
Permitted Uses:
-
agriculture-related uses;
-
agriculture uses;
-
agricultural uses, small;
-
cemetery;
-
club, non-profit;
-
conservation use;
-
dwelling, accessory;
-
dwelling, accessory apartment;
-
dwelling, single detached;
-
dwelling, secondary unit;
-
farm produce outlet;
-
forestry use;
-
garden nursery;
-
greenhouse, commercial;
-
group home, type 1;
-
home industry;
-
home based-business;
-
kennel;
-
riding stable;
-
sawmill, portable;
-
sod farm;
-
veterinary establishment.
(b)
Zone Requirements:
(i)
Notwithstanding the provisions of this By-Law to the contrary, all
Dwelling, Secondary Units are subject to the provisions of Section
3.8.
(ii)
Agricultural Uses, Conservation Uses and Forestry Uses:
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
4 ha
60 m
(9.8 ac.)
(196.85 ft.)
All Yards
10 m
(32.81 ft.)
Lot Coverage (maximum)
20%
Building Height (maximum)
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Main Building
11 m
(36 ft.)
Accessory Building
4.5 m
(13.12 ft.)
(iii)
Agricultural-related Uses, Agricultural Uses Small, Kennel, Riding
Stable and Veterinary Establishment:
Lot Area (minimum)
8000 m2
(1.98 ac.)
Lot Frontage (minimum)
45 m
(147.64 ft.)
Yard Requirements (minimum)
All Yards
10 m
(32.81 ft.)
Lot Coverage (maximum)
25%
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.67 ft.)
(iv)
Single detached dwellings:
Lot Area (minimum)
4000 m2
(0.98 ac.)
Lot Frontage (minimum)
30 m
(98.43 ft.)
Yard Requirements (minimum)
Front Yard
10 m
(32.81 ft.)
Rear Yard
10 m
(32.81 ft.)
Side Yards
5 m
(16.4 ft.)
Lot Coverage (maximum)
25%
Building Height (maximum)
Main Building
12 m
(39.37 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Dwelling Unit Area (minimum)
70 m2
(753.47 sq.ft)
Floor Area per Accessory Apartment Dwelling (minimum)
Dwellings per lot (maximum)
1
(iv)
Other Uses:
Lot Area (minimum)
6000 m2
(1.48 ac.)
Lot Frontage (minimum)
45 m
(147.64 ft.)
Yard Requirements (minimum)
Front Yard
10 m
(32.81 ft.)
Rear Yard
10 m
(32.81 ft.)
Interior Side Yard
5 m
(16.4 ft.)
Exterior Side Yard
7 m
(22.97 ft.)
Lot Coverage (maximum)
20%
Building Height (maximum)
Main Building
11 m
(36.09 ft.)
Accessory Building
4.5 m
(14.76 ft.)
Dwelling Unit Area (minimum)
70 m2
(753.47 sq.ft.)
One Bedroom Unit
55 m2
(592.01 sq.ft.)
Two Bedroom Unit
60 m2
(645.83 sq.ft.)
More than 2 Bedroom Unit 65 m2
(699.65 sq.ft.)
45 m2
(484.37 sq.ft.)
Bachelor Unit
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(c)
Special Exceptions:
RU-1
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-1, the following uses shall also be permitted:
Automotive Repair Garage;
Contractor's Shop or Yard;
Retail Store.
RU-2
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-2, the following use shall also be permitted:
Workshop.
RU-3
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-3, the following use shall also be permitted:
Open Storage for Commercial Fishing Hut Business.
RU-4
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-4, the following uses shall also be permitted:
Equipment Sales Establishment - Industrial;
Equipment Service and Repair Establishment - Industrial;
Workshop.
RU-5
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-5, the following use shall also be permitted:
Automotive Repair Shop existing on the date of passing of this By-
law.
RU-6
Notwithstanding the provisions of 11.1 (a) to the contrary, for the
lands zoned RU-6, the following use shall only be permitted:
Single-Detached Dwelling.
Notwithstanding the provisions of Section 11.1 (b) to the contrary,
for the lands zoned RU-6, the minimum side yard setback for the
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north yard shall be 10 metres and the minimum side yard setback
for the south yard shall be 7.5 metres.
RU-7
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-7, the following uses shall also be permitted:
Storage of Recreational Vehicles;
Warehouse.
RU-8
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-8, the following use shall also be permitted:
Recreational Commercial Establishment.
RU-9
Notwithstanding the provisions of Section 11.1 (a) to the contrary, for the
lands zoned RU-9, the two single detached dwellings on the property
existing on the date of passing of this By-law shall also be permitted.
RU-10
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-10, the following uses shall also be
permitted:
Open Storage;
Workshop.
RU-11
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-11, the following use shall also be permitted:
Contractor's Shop or Yard.
RU-12
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-12, the following use shall also be permitted:
Retail Store.
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RU-13
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-13, the following uses shall also be
permitted:
Contractor's Shop or Yard;
Transportation Depot.
RU-14
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-14, the following use shall also be permitted:
Taxi Dispatch Establishment.
RU-15
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-15, the following uses shall also be
permitted:
Dune Buggy Trail Operation;
Recreation Commercial Establishment.
RU-16
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-16, the following use shall also be permitted:
Automotive Body Shop.
RU-17
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-17, the following uses shall also be
permitted:
Office, Business or Professional;
Equipment Service and Repair Establishment - Industrial;
Equipment Sales Establishment - Industrial;
Warehouse.
Notwithstanding the provisions of Section 11.1(b) to the contrary, for the
lands zoned RU-17, the minimum lot frontage required for "other uses" shall
be 25
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RU-18
Notwithstanding the provisions of Section 3.31 and 11.1 (b) to the
contrary, for the lands zoned RU-18, no residential development
shall be permitted within 500 metres of a Mineral Extraction Quarry
(MXQ) zone or a Mineral Extraction Reserve (MXR) zone.
RU-19
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-19, the following use shall also be permitted:
Equipment and Vehicle Storage Yard - Industrial.
RU-20
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-20, the following use shall also be permitted:
Transportation Depot.
RU-21
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-21, the following uses shall also be
permitted:
Automobile Body Shop;
Automotive Repair Garage;
Workshop.
RU-22
Notwithstanding the provisions of Section 11.1 (a) to the contrary,
for the lands zoned RU-22, the following use shall also be permitted:
Warehouse.
RU-23
Notwithstanding the provisions of Section 11.1 (a), the two existing semi-
detached dwellings on the property shall also be permitted.
RU-24
Notwithstanding the provisions of Section 11.1 (a) to the contrary, for the
lands zoned RU-24, the following uses are not permitted:
Dwelling, accessory;
Dwelling, accessory apartment;
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Dwelling, single-detached;
Group home, type 1;
Home industry;
Home-based business.
RU-25
Notwithstanding the provisions of Section 11.1 (a) to the contrary, for the
lands zoned RU-25, the following use shall also be permitted:
Dwelling, mobile home.
RU-26
Notwithstanding the provisions of Section 11.1 (a) to the contrary, for the
lands zoned RU-26, the following uses are not permitted:
Dwelling, accessory;
Dwelling, accessory apartment;
Dwelling, single-detached;
Home industry;
Home-based, business.
Notwithstanding the provisions of 11.1 (b) to the contrary, for the lands
zoned RU-26, the minimum lot frontage shall be 12 metres.
RU-27
Notwithstanding the provisions of 11.1 (b) to the contrary, for the lands
zoned RU-27, the minimum rear and side yard setbacks shall be 5 metres
for Agricultural-related Uses, Agricultural Uses Small, and Riding Stables.
RU-29
Notwithstanding the provisions of 11.1 (a) to the contrary, for the lands
zoned RU-29, the minimum lot frontage shall be 7.62 metres, the
minimum lot area shall be 6,475 m2, and the minimum rear yard and side
yard setback for the existing barn is 4 metres for Agricultural-related
Uses, Agricultural Uses Small, and Riding Stables.
RU-30
Notwithstanding the provisions of Section 11.1 (b) to the contrary, for the
lands zoned RU-30, the following uses shall only be permitted:
Agriculture-related uses
Agriculture uses
Agriculture uses, small
Conservation use
Forestry use
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(e) Temporary Zones:
RU-t(1)
Notwithstanding the provisions of Sections 3.8 and 11.1 (a) to the
contrary, for the lands zoned RU-t(1), a mobile homes may be used as a
garden suite on the lands at 16399-16403 County Road 36 for a
temporary time period commencing on October 23, 2019 and expiring on
October 23, 2022. The lots will be considered a single property for the
purposes of the garden suite use, and may have separate services and
parking areas than the main dwelling at 16399 County Road 36. No
building permit shall be issued until the owner enters into a temporary use
agreement with the Township of South Stormont. The provisions of the
Rural (RU) zone shall apply to all other uses.
(f) Holding Zones:
RU-30-h
Notwithstanding the provisions of Section 4.3 to the contrary, for the
lands zoned RU-30-h, the holding (h) symbol will not be lifted until
an Environmental Imapct Study has been carried out and has been
determined that there will be no negative impacts on the Provincially
Significant Wetland due to future development, to the satisfaction of
the Township.
RU-31
Notwithstanding the provisions of Section 11.1(b) to the contrary, for
the lands zoned RU-30, the influence areas established under
Section 3.31 for "Item A", shall be reduced to 0 metres.
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11.2
Additional Provisions for Rural Zones
(a)
Accessory Dwellings:
(i)
Notwithstanding the limitation of one (1) dwelling per lot in the Rural
Zone, an accessory dwelling may also be permitted in the Rural Zone.
The maximum number of single detached accessory dwellings per lot is
1. Accessory dwellings shall not be permitted on a lot with an accessory
apartment dwelling a dwelling, secondary unit.
(ii)
Accessory dwellings are permitted provided that such accessory dwelling
conforms with the provisions of Section 5.8 (b).
(iii)
The accessory dwelling shall be permitted only on an operating farm for a
full time employee on the farm or for a family member actively engaged in
the farming operation provided that such dwelling is a minimum of 6
metres (19.69 ft.) from the other dwelling and has a minimum floor area of
60 m² (445.83 sq. ft.) 45 m2 (484.38 ft2).
(iv)
Notwithstanding the provisions of Section 3.18 (g) such unit may
only be on a lot that conforms to the minimum lot area for an
agricultural use.
(b)
Farm Building and Manure Storage location (MDS):
(i)
The minimum distance between any barn, silo, manure storage or
other building or structure used or intended to be used for the
keeping of any type of livestock and a residential building on
another lot shall be determined according to the Minimum
Distance Separation Two (MDS II).
(ii)
The minimum distance between any residential dwelling and a
barn, silo, manure storage area or other building or structure used
or intended to be used for the keeping of any type of livestock
located on another lot shall be determined according to Minimum
Distance Separation One (MDS I). Notwithstanding this provision,
the MDS I requirements shall not apply to non-agricultural uses on
Lots of Record.
(c)
Accessory Building Height:
Notwithstanding the height restrictions of Section 10.1(b) to the contrary,
an accessory building may be constructed to a maximum height of 6.1
metres (20 feet), provided that it can meet the minimum yard requirements
applicable to the main use and all other applicable provisions in this By-law
are complied with.
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(d)
Keeping of Livestock:
The keeping or raising of livestock in the Rural (RU) zone shall be
prohibited on lots having an area less than 8000 m2 (1.98 acres).
(e)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 of this By-
law.
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SECTION 12: MINERAL RESOURCE ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Mineral Resource Zone except in accordance with the provisions of this
Section and of any other relevant Sections of this By-law.
12.1
Mineral Extraction, Pit (MXP) Zone
(a)
Permitted Uses:
-
aggregate recycling facility;
-
agricultural uses , excluding buildings or structures;
-
asphalt batching plant
-
conservation use, excluding buildings or structures;
-
concrete batching plant;
-
forestry uses, excluding buildings or structures;
-
pit;
-
portable asphalt plant.
(b)
Zone Requirements:
Lot Frontage (minimum)
30 m
(98.43 ft.)
Yard Requirements (minimum)
All Yards Adjacent to Public
Roads
30 m
(98.43 ft.)
All Other Yards
15 m
(49.21 ft.)
Lot Coverage (maximum)
10%
Building Height (maximum)
Main Building
20 m
(65.62 ft)
Accessory Building
5 m
(16.4 ft.)
(c)
Any new MRP Zone shall be established with regard to Section 3.31 of
this By-law
(d)
Special Exceptions:
MXP-1
Notwithstanding the provisions of Section 3.31 to the contrary, for
the lands zoned MXP-1, the influence area shall be 30 metres from
any lot line or portion thereof which abuts a residential use.
(e)
Holding Zones:
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(f)
Temporary Zones:
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12.2
Mineral Extraction, Quarry (MXQ) Zone
(a)
Permitted Uses:
-
aggregate recycling facility;
-
agricultural uses excluding buildings or structures;
-
asphalt batching plant
-
concrete batching plant;
-
conservation use, excluding buildings;
-
forestry uses, excluding buildings or structures;
-
pit;
-
portable asphalt plant;
-
quarry;
(b)
Zone Requirements:
Lot Area (minimum)
10 ha
(24.7 ac.)
Lot Frontage (minimum)
30 m
(98.43 ft.)
Yard Requirements (minimum)
All Yards adjacent to public roads 30 m
(98.43 ft.)
All Other Yards
15 m
(49.21 ft.)
Lot Coverage (maximum)
10%
Building Height (maximum)
Main Building
20 m
(65.62 ft.)
Accessory Building
5 m
(16.4 ft.)
(c)
Any new MXQ Zone shall be established with regard to Section 3.31 of
this By-law.
(d)
Special Exceptions:
MXQ-1
Notwithstanding the provisions of Section 3.31 to the contrary, for
the lands zoned MXQ-1, new buildings shall be prohibited within
150 metres of any land zoned Mineral Extraction, Quarry Special
Exception One (MXQ-l).
The 150 metre separation distance referred to shall be measured
from and to a line located 110 metres south of the Headline road
allowance, and from and to a line located 30 metres north of South
Branch road allowance in the west half of Lot 4 and in Lot 5, from
and to a line corresponding to the boundary of the MXQ-l zone
where it abuts the flood plain of the Eastman Drain in the east half
of Lot 6 and from and to a line located 15 metes inside the MXQ-l
zone boundary on the balance of the property.
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This provision shall not apply to an existing lot of record having a
maximum area of 2 hectares and including any lot of record in an
existing Registered Plan and any lot severed prior to October
5,1999.
This provision shall also not apply to an infill lot (one only), being a
residential lot between two existing residences which are on
separate lots and which residences are situated on the same side of
the road and are not more than 75 metes (246 feet) apart, provided
that the new building is located no closer to the MX zone than the
buildings on the adjacent lots.
MXQ-2
Notwithstanding the provisions of Section 3.31 to the contrary, for
the lands zoned MXQ-2, new buildings shall be prohibited within
200 metres of any land zoned Mineral Extraction, Quarry, Special
Exception Two (MXQ-2).
This provision shall not apply to an existing lot of record having a
maximum area of 2 hectares and including any lot of record in an
existing Registered Plan and any lot severed prior to October
5,1999.
This provision shall not apply to an infill lot (one only), being a
residential lot between two existing residences which are on
separate lots and which residences are situated on the same side of
the road and are not more than 75 metres (246 feet) apart, provided
that the new building is located no closer to the MX zone than the
buildings on the adjacent lots.
(e)
Holding Zones:
(f)
Temporary Zones:
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12.3
Mineral Extraction, Reserve (MXR) Zone
(a)
Permitted Uses:
-
agricultural uses, excluding buildings or structures;
-
conservation use, excluding buildings or structures;
-
forestry use, excluding buildings or structures;
(b)
Zone Requirements:
-
none.
(c)
Special Exceptions:
MXR-1
Notwithstanding the provisions of Section 12.3 (a) to the contrary, for the
lands zoned MXR-1, the following use shall also be permitted:
Cemetery.
MXR-2
Notwithstanding the provisions of Section 3.31 to the contrary, for the
lands zoned MXR-2, new buildings shall be prohibited within 150 metres
of any land zoned Mineral Extraction, Quarry - Special Exception - Two
(MXQ-2).
The 150 metre separation distance referred to shall be measured from
and to a line located 110 metres south of the Headline Road allowance
and to a line located 15 metres inside the west lot line.
This provision shall not apply to an existing lot of record having a
maximum area of 2 hectares and including any lot of record in an existing
Registered Plan and any lot severed prior to October 5, 1999.
This provisions shall also not apply to an infill lot (one only), being a
residential lot between two existing residences which are on separate lots
and which residences are situated on the same side of the road and are
not more than 75 metres (246 feet) apart, provided that the new building
is located no closer to the MXR-2 zoned than the building on the adjacent
lots.
(d)
Holding Zones:
(e)
Temporary Zones:
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12.4
Additional Provisions for Mineral Resource Zones
(a)
Location of Other Uses:
Notwithstanding any other provisions of this By-law to the contrary, the
location of a building, plant or product stockpile shall be in accordance
with the Ministry of Environment Ministry of Natural Resources licensing
requirements.
(b)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 of this By-
law.
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SECTION 13: SALVAGE YARD ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Salvage Yard Zone except in accordance with the provisions of this
Section and any other relevant Sections of this By-law.
13.1
Salvage Yard (SY) Zone
(a)
Permitted Uses:
-
accessory dwelling
-
impound yard
-
office accessory to a permitted use;
-
open storage;
-
recycling depot;
-
recycling yard;
-
salvage yard
(b)
Zone Requirements:
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
5 ha
60 m
(29.7 ac.)
(196.85 ft.)
Front
37.5 m
(123.03 ft.)
Rear
45 m
(147.64 ft.)
Side
37.5 m
(123.03 ft.)
Accessory Dwellings Per Lot
(maximum)
1
(c)
No part of a Salvage Yard operation shall be located within 100 metres of
the main building on any adjoining lot.
(d)
Special Exceptions:
SY-1
Notwithstanding the provisions of Section 13.1 (c) to the contrary,
for the lands zoned SY-1, the salvage yard existing on the date of
passing of this By-law may be located within 27 metres of the
existing dwelling and 6 metres from the existing garage.
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SY-2
In addition to the uses permitted under Section 13.1(a), for the lands
zoned SY-2, the permitted uses shall also include those uses listed under
Section 7.4(a) of the "Rural Industrial (MR)" zone, of which shall be
subject to the provisions of Section 7.4(b).
(e)
Holding Zones:
SY-2-h
Notwithstanding the provisions of Section 4.3 to the contrary, for the lands
zoned SY-h, the holding (h) symbol will not be lifted until the 5 hectare
development on the front portion of the property is complete and the
Township has received an approved site plan for the lands subject to the
holding symbol.
(f)
Temporary Zones:
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13.2
Additional Provisions for Wrecking Yard Zones
(a)
Buffering:
All Salvage Yards must be adequately screened and buffered from
adjoining land uses. This shall be accomplished through the construction
of a solid opaque fence of a minimum of 2 metres in height in addition to
the use of dense landscaping. A plan showing the fencing and
landscaping shall be prepared and submitted to Council for approval
under Site Plan Control.
(b)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 of this By-
law.
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SECTION 14: WASTE MANAGEMENT ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Waste Management Zone except in accordance with the provisions of this
Section and any other relevant Sections of this By-law.
14.1
Waste Management (WM) Zone
(a)
Permitted Uses:
-
forestry use;
-
recycling depot;
-
recycling yard;
-
waste disposal site.
(b)
Zone Requirements:
Lot Area (minimum)
Yard Requirements (minimum)
4 ha
(9.9 ac.)
All Yards
30 m
(98.43 ft.)
Building Height (maximum)
9 m
(29.53 ft.)
(c)
Special Exceptions:
(d)
Holding Zones:
(e)
Temporary Zones:
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14.2
Additional Provisions for Waste Management Zones
(a)
Notwithstanding the zone requirements stated above, no part of a landfill
operation may be located within 200 m (656.17 ft.) of a residential
building existing on the date of passing of this By-law.
(b)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 of this By-
law.
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SECTION 15: FLOOD PLAIN ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Flood Plain Zone except in accordance with the provisions of this Section
and of any other relevant Section of this By-law.
15.1
Flood Plain (FP) Zone
(a)
Permitted Uses:
-
agricultural use, excluding buildings;
-
conservation use, excluding buildings;
-
forestry use, excluding buildings;
-
marina;
-
passive recreational use;
-
uses accessory to a residential use located on the same lot,
excluding buildings;
-
all buildings or structures in existence on a day of passing of this
Zoning By-law;
-
buildings for flood or erosion control purposes.
(b)
Zone Requirements:
(i)
No permitted building or structure including temporary and
accessory buildings shall be located or erected closer than
10 metres (32.81 ft.) to any lot line, with the exception of buildings
and structures intended for flood or erosion control which are
exempt from minimum setbacks.
(ii)
Permitted buildings may cover a maximum of ten percent (10%) of
the lot area.
(iii)
Any expansion of or addition to any buildings or structures
permitted in the Flood Plain zone after the day of the passing of
this By-law must incorporate appropriate engineered construction
techniques which reduce or eliminate the risks of flood damage.
The specific approval of the Conservation Authority or the Ministry
of Natural Resources must be obtained prior to the start of
construction.
(c)
Single Detached Dwellings on Existing Lots:
Notwithstanding the provisions of Section 15.1 and 3.31 to the contrary, a
single detached dwelling may be constructed or enlarged on an existing
lot of record within a Flood Plain Zone. A Building Permit shall only be
issued by the Township following the satisfactory compliance with the
following:
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(i)
the submission of a Plan of Survey, prepared by a registered
surveyor, showing the proposed location of the dwelling and tile
bed and demonstrating the method by which the dwelling and tile
bed will be flood proofed to an elevation as established by the
Conservation Authority.
(ii)
receipt of the written approval by the Conservation Authority that
the proposed flood proofing of the building and tile bed adequately
meets the Authority's requirements and that they have no further
objections to a Building Permit being issued; and
(iii)
the proposed dwelling complies with the zone requirements of
Section 5.8 (b) and other relevant provisions of Section 3 of the
By-law.
(d)
Special Exceptions:
(g)
Holding Zones:
(h)
Temporary Zones:
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15.2
Additional Provisions for Flood Plain Zones
(a)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 of this By-
law.
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SECTION 16
PROVINCIALLY SIGNIFICANT WETLAND ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Provincially Significant Wetland Zone except in accordance with the
provisions of this Section and any other relevant Sections of this By-law.
16.1
Provincially Significant Wetland (PSW) Zone
(a)
Permitted Uses:
-
conservation use, excluding buildings;
-
existing agricultural uses, excluding buildings;
-
passive outdoor recreational use.
(b)
Zone Requirements:
-
none.
(c)
Special Exceptions:
(d)
Holding Zones:
(e)
Temporary Zones:
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16.2
Additional Provisions for Provincially Significant Wetland Zones
(a)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 of this By-
law.
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SECTION 17: AREA OF NATURAL AND SCIENTIFIC INTEREST
ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in an Area of Natural and Scientific Interest Zone except in accordance with the
provisions of this Section and any other relevant Sections of this By-law.
17.1
Areas of Natural and Scientific Interest (ANSI) Zone
(a)
Permitted Uses:
-
conservation use, excluding buildings;
-
passive outdoor recreational use.
-
dwelling single detached, in accordance with the provisions of
Section 5.8 (b) provided that the applicant can demonstrate
through the appropriate studies/reports, if required by the
Corporation, that the proposed development will not introduce any
incompatible issues due to environmental impact of the proposed
development.
(b)
Zone Requirements:
-
none.
(c)
Special Exceptions:
(c)
Holding Zones:
(d)
Temporary Zones:
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17.2
Additional Provisions for Area of Natural and Scientific Interest Zones
(a)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 of this By-
law.
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By-law No. 2011-100
SECTION 18: DEVELOPMENT RESERVE ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Development Reserve Zone except in accordance with the provisions of
this Section and any other relevant Sections of this By-law.
18.1
Development Reserve (DR) Zone
(a)
Permitted Uses:
-
none.
(b)
Zone Requirements:
-
none.
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By-law No. 2011-100
18.2
Additional Provisions for Development Reserve Zones
(a)
Other General Provisions:
Other general provisions shall be in accordance with Section 3 and 4.6 of
this By-law.
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By-law No. 2011-100
READ A FIRST AND SECOND TIME, this 14th day of December, 2011
Mayor
Clerk
READ A THIRD TIME, and passed in open Council this 14th day of December,
2011
Mayor
Clerk