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Township of Springwater
Zoning By-law
pg. 1
Section 3 - General Provisions
3.1.
Application of the By-law
The provisions of this By-law shall not apply to all lands within the
Township of Springwater except as may otherwise be specified herein,
and no building or structure shall hereafter be erected or altered, nor the
use of any building, structure or lot changed in whole or in part, except in
conformity with the provisions of this By-law
3.2.
Zones
a) For the purpose of this By-law, the Township of Springwater has been
divided into zones, the boundaries of which are shown on Schedule A
which is attached hereto and forms part of this By-law.
b) The zones are referred to by the following names or symbols and are
identified on Schedule A by the following symbols.
Zone
Known As
Residential (R1)
R1
Residential (R2)
R2
Residential (R3)
R3
Residential (R4)
R4
Residential (R5)
R5
Urban Residential One
UR1
Urban Residential Two
UR2
Urban Residential Three
UR3
Residential Estate
RE
Residential Rural
RR, ALC & RSP-H
Residential Seasonal
RS
Residential Conversion
RC
General Commercial
GC
Local Commercial
CL
Mixed Use
MU
Highway Commercial
CH
Rural Commercial
CR
Tourist and Recreational Commercial
CT
Campground Commercial
CC
Park Model Trailer Commercial
CPM
Adult Entertainment Commercial
CA
Kennel
K
General Industrial/Inside Storage
MI
General Industrial/Outside Storage
MO
Extractive Industrial
ME
Township of Springwater
Zoning By-law
pg. 2
Zone
Known As
Waste Disposal
WD
Institutional
I
Open Space
OS
Environmental Protection
EP
Agricultural
A
Agricultural Consolidation
AC
c) Where the boundary of any zone is uncertain and on the Map
Schedule attached hereto the boundary:
i. Is shown following a street, lane, railway right-of-way, railtrail,
electric transmission line right-of-way or watercourse, then the
centre line of the street, lane, railway right-of-way, rail trail, electric
transmission line right-of-way or watercourse is the zone boundary;
or
ii. Is shown running parallel to a street line or other line or is irregular,
then the zone boundary may be determined in accordance with the
scale shown on the Map Schedule.
3.3.
Licenses, Permits and Other By-laws
Nothing in this By-law shall be interpreted to relieve any person from the
obligation to comply with the requirements of any other law or By-law in
force within the Township, or from obtaining any permit, license,
permission, authority or approval required by this or any other law or By-
law or by any regulation or by-law of the County of Simcoe or the Ministry
of Transportation in regard to signs in the vicinity of roads under the
jurisdiction of these agencies.
3.4.
Building By-laws
No person shall erect any building or structure except in accordance with
the provisions of this By-law, all other applicable Building By-laws of the
Township, the Ontario Building Code Act or any other applicable law.
3.5.
Greater Restrictions
This By-law shall not be effective to reduce or mitigate in any way any
restrictions lawfully imposed by a governmental authority having
jurisdiction to make such restrictions.
3.6.
Requirements for Lot
Except as otherwise specified in this By-law, no building or structure shall
be erected, altered, extended or enlarged except upon a lot nor shall any
land be used for any permitted use unless it comprises a lot; but this
Township of Springwater
Zoning By-law
pg. 3
provision shall not prevent the use of any parcel or tract of land for
agricultural purposes excluding the erection or enlargement of any
building or structure except a fence.
3.7.
Accessory Buildings, Uses and Structures
3.7.1.
Where a use is permitted under the provisions of this By-law, accessory
uses, buildings and structures normally incidental to the main use, building
or structure shall also be permitted provided that in no case shall the gross
floor area of an accessory building or structure to a residential use exceed
the gross floor area of the residential use.
3.7.2.
Any accessory building may be erected as part of the main building
provided that all yard and area requirements of this By-law are complied
with in respect to a main building rather than an accessory building.
3.7.3.
In all zones, except as may be provided herein, any accessory building
which is not part of the main building shall be erected to the rear of the
projected front main wall of the main building. All accessory buildings shall
comply with the yard requirements of the zone in which such building is
situated. For the purpose of this subsection, the front main wall of the
main building shall be defined as that wall or point of a main building
which is closest to the front lot line. The projected front main wall of the
main building shall be that line drawn parallel to the front lot line and
projected along or through that wall or point of a wall of a main building
which is closest to the front lot line. In the Agricultural (A) Zone, any
accessory building or structure may be located in front of a residential
building. Private garages in the Residential Seasonal (RS) Zone and the
Residential Conversion (RC) Zone may be located to the front of the
dwelling but shall comply with the applicable setback requirements for
accessory uses.
3.7.4.
In all zones other than Residential, any accessory building or structure to
an accessory residential use shall remain equal to or less than the gross
floor area of the dwelling unit on the lot.
3.7.5.
a) Attached Accessory Buildings
No attached garage to a residential use shall exceed the height of the
dwelling.
b) Detached Accessory Buildings
In the Agricultural (A) and Rural Residential (RR) Zones, no detached
accessory building to any residential or accessory residential use shall
Township of Springwater
Zoning By-law
pg. 4
exceed the height of the dwelling, to a maximum height of 4.5 metres
(14.76 ft.).
In all other Residential Zones no detached accessory building to any
residential or accessory residential use shall exceed the height of the
dwelling, to a maximum height of 4.5 metres (14.76 ft.).
3.7.6.
Where a temporary accessory building is necessary for the storage of
tools or materials for use in connection with the construction of the main
building on a lot in any zone, the accessory building may be erected on
the lot before the erection of the main building provided that a building
permit is issued for the main building and further, provided such building
shall be used only for the purpose of storage. When the main building is
ready for occupancy or construction has been abandoned, the temporary
storage building shall be removed. "Abandoned" in this subsection means
the failure to proceed in accordance with the Ontario Building Code Act
with the construction work.
3.7.6.1.
Nothing in this By-law shall prevent the occupation of an existing dwelling
on a property while a second dwelling is being constructed, as long as the
owner has entered into an agreement with the Municipality, to the
Municipality's satisfaction, which provides that no more than one dwelling
will be occupied at a time and which establishes requirements, including
site rehabilitation and securities, for the removal of the existing dwelling
upon occupation of the new dwelling, or for the removal of unfinished
construction within a specified timeframe.
3.7.7.
No accessory building or structure shall be used for human habitation
except where a dwelling is a permitted accessory use.
3.7.8.
Notwithstanding any other provisions of this By-law to the contrary, where
a mutual garage is erected on the common lot line between two lots, no
interior side yard is required. The regulations governing the location of any
accessory building in relation to a lot line shall not apply to prevent
erection or use of a jointly owned double garage which services two
dwellings whose common lot line shall be the dividing line of such garage.
3.7.9.
Unless otherwise required, in any Commercial or Industrial Zone no
accessory building shall be located within 1.5 metres (4.92 ft.) of an
interior side or rear lot line or within 3 metres (9.84 ft.) of the boundary of
any Residential Zone or residential use.
3.7.10.
Unless otherwise required, the minimum distance between a main building
and any accessory building in any Commercial or Industrial Zone shall be
3 metres (9.84 ft.) and in all other zones shall be 1.5 metres (4.92 ft.)
Township of Springwater
Zoning By-law
pg. 5
3.7.11.
Accessory communication devices such as satellite dish antennae shall,
within any residential zone, be deemed to be accessory structures for the
purpose of this By-law and shall comply with General Provisions
subsections 21 - Yard Encroachments and 23 - Height Exceptions and all
other provisions of this By-law.
3.8.
Fences
For the purpose of this By-law, fences are deemed not to be structures.
3.9.
Swimming Pools
A swimming pool is permitted as an accessory use to a permitted
residential or agricultural use:
a) In the front or side yard on any lot if;
b) No part of such pool is located closer to any lot line or street line
than the minimum distance required for the principal building located
on such lot;
c) Any building or structure, other than a dwelling, required for
changing clothing or for pumping or filtering facilities or other similar
accessory buses, complies with the provisions of this By-law
respecting an accessory building on such lot.
d) In a rear yard a swimming pool shall be set back a minimum of 1.2
metres (3.94ft) from an interior side lot line, exterior side lot line or
rear lot line but any apron around such pool may extend to the lot
line;
e) Any accessory building to a swimming pool shall comply with all the
relevant provisions of this By-law regarding accessory building, uses
and structures;
f) Every swimming pool shall be enclosed by a fence in accordance
with the provisions of the appropriate municipal regulations in effect;
g) For the purpose of lot coverage calculations, swimming pools are
deemed not to be structures.
3.10.
Main Building
Not more than one (1) single detached dwelling shall be allowed on any lot
in any zone unless otherwise specifically permitted.
3.11.
Accessory Dwellings
3.11.1.
Where an accessory dwelling permitted under the provisions of this By-law
is to be erected, the regulations of this Section shall be complied with.
Township of Springwater
Zoning By-law
pg. 6
3.11.2.
Where a detached accessory dwelling is to be erected, the following
regulations shall apply:
a) Minimum Lot Area
3250.0 m2 (34,983.85 ft.2)
b) Minimum Yards
i. Front
9.0 m (29.53 ft.)
ii. Rear
7.5 m (24.61 ft.)
iii. Interior Side
3.0 m (9.84 ft.)
iv. Exterior Side
9.0 m (29.53 ft.)
c) Dwelling Area (minimum ground floor area)
11 m2 (1,076.43 ft.2)
d) Building Height (maximum)
21 m (36.0 ft.)
e) Accessory Buildings
Refer to General Provisions
f) Minimum setback from main building
3.0 m (9.84 ft.)
g) In addition to the minimum number of parking spaces required for the principal
use, two (2) parking spaces for such dwelling shall be provided on the same lot.
3.11.3.
Where an attached accessory dwelling is to be erected or created, the
following regulations shall apply:
a) Minimum Lot Area
1855.0m2 (19,967.71 ft.2)
b) Minimum Gross Floor Area of Dwelling
70 m2 (753.49 ft.2)
c) Minimum Rear Yard Area
230 m2 (2,475.78 ft.2)
d) The dwelling shall be located in other than the basement or cellar of any building.
e) In addition to the minimum number of parking spaces required for the principal
use, two (2) parking spaces for such dwelling shall be provided on the same lot.
3.12.
Servicing Requirement
No land may be used and no buildings or structures may be erected unless:
Connected to a municipal sanitary sewer and/or water supply where
available, or
Where municipal services are not available, alternative servicing shall be
provided to the satisfaction of the approval agency having jurisdiction.
3.13.
Model Home Requirements
Notwithstanding any other provisions of this By-law, and more particularly
notwithstanding any Holding (H) Symbol on the lands, where a model
home agreement has been executed between the Township and the
owner, and where:
a) Draft Plan Approval has been granted; and
b) The required easements, agreements and securities are provided to
facilitate servicing to the plan, the total number of permits for single
Township of Springwater
Zoning By-law
pg. 7
detached or semi-detached model home dwellings shall not exceed ten
percent (10%) of the total number or single detached and semi-
detached building lots in the plan of subdivision to a maximum of 10,
and in addition, one street townhouse building containing a maximum
of 8 dwelling units, subject to the following restrictions:
i. The type of Model Home shall be consistent with the zone
classification in which the model home is to be located;
ii. The Model Home shall be used for the purpose of a model home only
and shall not be occupied as a dwelling unit prior to the date of the
registration of the plan of subdivision, and substantial completion of
services, obtaining any required Building Permits to the satisfaction of
the Township;
iii. The Model Home shall comply with all other provisions of this By-law,
as though the units were constructed on the lot within the registered
plan of subdivision; and
iv. The Model Home shall comply with all applicable terms and conditions
of the said model home agreement.
3.14.
Occupancy of Partially Completed Dwellings
No building shall be used for human habitation before an occupancy
permit has been issued by the Municipality under the Ontario Building
Code Act.
3.15.
Use of Cellars
No dwelling unit shall be located within a cellar or part of a cellar of any
building. The whole or any part of a cellar shall not be used for calculating
the required minimum floor area of any dwelling unit. No portion of a
dwelling unit which is located in a cellar shall be used for any purpose
other than a furnace room, a bedroom, a sanitary facility, a laundry room,
a storage room, a recreation room or a room with a similar use.
3.16.
Frontage & Street Access to a Public Street
No building or structure shall be erected, extended or enlarged on any lot
within the Township of Springwater unless such lot has frontage and street
access onto a street constructed to Provincial, County or Township
standards, whichever is the case. This does not apply to prohibit the
erection of any buildings or structures on any lot existing on a private road
at the date of passing of this By-law, but all other provisions of this By-law
apply.
Township of Springwater
Zoning By-law
pg. 8
The above provisions do not apply to prohibit the erection of any building
on a lot on a registered plan of subdivision where a subdivision agreement
has been entered into but the streets will not be assumed until the end of
the maintenance period.
3.17.
Measurement of Setback and Yard Requirements
Where the regulations of a zone include a requirement that the minimum
yard of a lot or parcel of land shall be a specific number of metres, such
minimum yard shall be determined by measuring at right angles from
either the street line of the street or the lot line abutting such yard in the
direction of such lot or parcel of land a distance equal to the said specific
number of metres in the relevant regulation of such particular zone.
Notwithstanding certain specific definitions of this By-law or the above, in
the case of a zone boundary which is located between the lot line and the
use to which the setback applies, the setback shall be calculated from the
zone boundary.
3.18.
Special Setbacks
Notwithstanding any other provisions of this By-law, where a lot abuts a
Provincial Highway, the provisions of the Public Transportation and
Highway Improvement Act shall apply with regard to building and structure
setbacks from the highway centre line or right-of-way, and other related
matters.
Notwithstanding any other provisions of this By-law, where a lot abuts a
County Road, the provisions of the applicable County of Simcoe By-law
shall apply with regard to setbacks for buildings, structures and other
related matters.
Notwithstanding the provisions of this By-law to the contrary, where a
single detached dwelling is to be erected in a built-up area where there is
an established building line which is less than the required front yard
setback, such dwelling may be erected to the established building line.
For the purpose of the above paragraph, "the established building line"
means the average setback of the existing dwellings. A building line is
considered to be established when at least 3 such buildings have been
erected on any one side of a continuous 300 metres (984.25 ft.) of land
with street frontage
3.19.
Setback from Natural Gas Pipelines
Township of Springwater
Zoning By-law
pg. 9
Notwithstanding any other provision in this By-law, no building or structure
shall be located within ten (10) metres (32.81 ft.) of a natural gas pipeline
right-of-way.
3.20.
Setback from Railway
Notwithstanding any other provision in this By-law, no building or structure
shall be located within 30 metres (98.43 ft.) of a railway right-of-way that
has not been abandoned in accordance with the National Transportation
Act.
3.21.
Yard Encroachments
Except as otherwise provided in this By-law, every part of any required
yard shall be open and unobstructed except for the following:
3.21.1.
Ornamental Structures
Sills, bay windows, belt courses, chimneys, cornices, eaves, gutters,
parapets, pilasters, similar ornamental structures or attached accessory
communication devices may project into any required yard a maximum
distance of 0.75 metres (2.46 ft.).
3.21.2.
Patios
Patios that are at grade level may project into any required yard.
3.21.3.
Decks
Decks may project into any required front or exterior side yard a maximum
distance of 1.2 metres (3.94 ft.) and may project into any required interior
side yard a maximum distance of 0.75 metres (2.46 ft.) and may project
into any required rear yard a maximum distance of 3 metres (9.83 ft.)
3.21.4.
Porches/Verandas
Porches/verandas may project into any required front or rear yard a
maximum distance of 1.2 metres (3.94 ft.) and shall not exceed an area of
1.5 square metres (16.15 ft.2).
3.21.5.
Balconies
Balconies may project into any required front or rear yard a maximum
distance of 1.2 metres (3.9 ft.) provided that they are located at a greater
height than the bottom of the first floor ceiling.
Township of Springwater
Zoning By-law
pg. 10
3.21.6.
Steps and Accessibility Ramps
Steps and accessibility ramps to an entrance may project into any
required front or exterior side yard a maximum distance of 1.2 metres
(3.94 ft.) and may project into any required interior side yard a maximum
distance of 0.75 metres (2.46 ft.) and may project into any required rear
yard a maximum distance of 2.5 metres (8.20 ft.).
3.21.7.
Railway Spur
In any Industrial Zone a railway spur shall be permitted within a required
interior side or rear yard.
3.22.
Sight Triangle
3.22.1.
Except as otherwise specified in this By-law, or as may be required by
County or Provincial regulation, on a corner lot within the triangular space
formed by the street lines for a distance of ten (10) metres (32.81 ft.) from
their point of intersection, no hedge, shrub, tree, fence, sign or other such
structures shall be planted, maintained or erected.
3.22.2.
Where any street crosses a railway at the same grade, no building or
structure shall be erected within forty-five (45) metres (147.64 ft.) of the
point of intersection of the centre line of both the railway and the street.
3.23.
Height Exceptions
Notwithstanding the height provisions established in each zone, nothing in
this By-law shall apply to prevent the erection of a church spire, belfry,
clock tower, chimney, farm building or structure, water tank,
communication tower or satellite dish antenna, silo, windmill, drive-in
theatre screen, forestry tower, aid to navigation, flag pole, ventilator,
elevator enclosure, fire hose tower or mechanical penthouse. A
mechanical penthouse shall not cover an area greater than 75 percent of
the total floor area of the top storey and shall have a minimum distance of
three (3) metres (9.84 ft.) of flat floor area at its base on at least three
sides. The height of the mechanical penthouse shall not exceed 4.5
metres (14.76 ft.) without increasing the horizontal distance to the edge of
the building but shall not exceed six (6) metres (19.68 ft.) in height.
3.24.
Corner Lots
Where a lot is situated at the intersection of or abutting upon two or more
streets where the angles of intersection do not exceed 135 degrees, the
shortest of the lot lines which abut those streets shall be construed to be
the front lot line, or as otherwise defined herein.
Township of Springwater
Zoning By-law
pg. 11
3.25.
Through Lots
Where a lot which is not a corner lot has frontage on more than one street,
the setback and front yard requirements contained herein shall apply on
each street in accordance with the provisions of the zone or zones in
which such lot is located.
3.26.
Lakeside Properties
All new buildings and structures, except those requiring direct access to
the water as an operational necessity such as a boathouse, marina,
marina service building or facility, or such similar building or structure shall
be setback at least eighteen (18) metres (59.06 ft.) from the water's edge.
Furthermore, no septic system tile field shall be located closer than 15
metres (49.21 ft.) from the water's edge.
3.27.
Watercourse and Slope Regulations
Notwithstanding anything in this By-law, save and except for the
provisions of the Lakeside Properties and Public Uses Sections, or a
building or structure used for the control of erosion or flooding, no building
or structure shall be erected or placed in the following areas:
a) Within thirty (30) metres (98.43 ft.) of the high water mark of a
watercourse, including a municipal drain, except where a municipal drain
or ditch forms part of a road allowance, notwithstanding that such
watercourse is not shown on any schedule forming part of this By-law and
in the case of a septic system tile field, within fifteen (15) metres (49.21
ft.);
b) No building or structure shall be permitted within a flood plain unless such
permission has been granted by the Conservation Authority or appropriate
agency; and
c) No permit shall be issued for any building or septic system tile field, within
any land situated within fifteen (15) metres (49.21 ft.) of any top of bank,
the slope of which exceeds thirty-three (33) percent from horizontal.
Notwithstanding the minimum setback distance herein, a shorter distance
may be permitted, without the need to amend this By-law, where
permission has been granted by the Conservation Authority and/or
appropriate government agency having jurisdiction, in a form including
studies and tests suitable to the Chief Building Official.
3.28.
Excepted Lands, Buildings and Non-Conforming Uses
Township of Springwater
Zoning By-law
pg. 12
3.28.1.
The provisions of this By-law shall not apply to 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 this By-law so long as it continues to be used for that purpose.
3.28.2.
The provisions of this By-law shall not apply to prevent the erection or use
of a building or structure for a purpose prohibited by this By-law for which
a building permit has been issued prior to the date of the passage of this
By-law so long as such building or structure, when erected, is used for the
purpose for which it was erected, and provided that the erection of such
building or structure is commenced within the time requirements as set out
in the Building Permit and such building or structure is completed within a
reasonable time after the erection thereof is commenced.
3.28.3.
No person shall change the purpose for which any land, building or
structure is used, or erect any new building or alter any existing building or
convey lands from any existing parcel if the effect of such action is to
cause the original, adjoining or remaining lands, buildings or structures to
be in contravention of this By-law. If the contravention is a result of an
expropriation or acquisition by an authority possessing such powers, or is
a result of an authorization granted pursuant to the provisions of the
Planning Act, the remaining lands, building or structures shall be deemed
to conform to the provisions of this By-law.
3.28.4.
Nothing in this By-law shall apply to prevent the replacement or
strengthening to a safe condition of any building or structure or part
thereof occupied by a non-conforming use, provided such replacement or
strengthening does not change the location or increase the height, area or
volume of the building or structure. Foundations are permitted in order to
strengthen the building provided that the volume and useable floor area
are not increased.
3.28.5.
Where a building or structure, occupied by a permitted use, has been
located within a minimum yard as required herein, the said building or
structure may be enlarged, repaired, renovated or replaced behind or
along a line drawn parallel to the adjacent lot line, projected through that
point of the building or structure nearest to the said adjacent lot line. This
does not confer the right to reduce any other yard and/or setback
requirement of this By-law.
3.28.6.
Where a building or structure, occupied by a permitted use, has been
located within a minimum setback from an adjacent zone or building as
may be required herein, the said building or structure may be enlarged,
repaired, renovated or replaced no closer than that point of the building or
structure nearest to the said adjacent zone or building. This does not
Township of Springwater
Zoning By-law
pg. 13
confer the right to reduce any other yard and/or setback requirement of
this By-law.
3.28.7.
Where both a setback and yard requirement are calculated in regard to
the Excepted Lands, Buildings and Non-Conforming Uses subsections 5
and 6, the greater requirement shall prevail.
3.28.8.
Notwithstanding any other provision of this By-law, except as set out in the
Kennel (K) Zone, a lot held in distinct and separate ownership on the date
of passage of this By-law, except for a lot on a registered plan deemed not
be a plan under the Planning Act, as amended, having less than the
minimum frontage and/or area required by this By-law, may be used for a
purpose permitted in the zone in which said lot is located, provided that all
other applicable provisions in this By-law are complied with.
3.28.9.
Where Hydro One acquires land for the purpose of a distribution or
transmission line or where an authority possessing power of expropriation
or acquisition or is authorized pursuant to the provisions of the Planning
Act acquires land and such acquisition deprives a parcel of land of street
frontage, the part of such parcel so deprived of street frontage shall be
deemed for the purpose of this By-law, to have frontage on such street,
provided the land has a permanent right of street access to such street.
3.29.
Minimum Lot Area
Subject to the provisions of the Excepted Lands, Buildings and Non-
Conforming Uses Section, the minimum lot area shall be as contained in
the appropriate section of this By-law for the zone in which the lot is
located. However, larger area may be required by the appropriate
authority pursuant to the provisions of the Ontario Building Code, the
Environmental Protection Act or similar legislation having jurisdiction.
3.30.
Public Uses
3.30.1.
Nothing in this By-law shall prevent the use of any land or use of any
building or structure for the purpose of public use, provided that:
a) No goods, material or equipment shall be stored in the open except
as permitted in this By-law;
b) The lot coverage, setbacks and yard requirement provisions of this
By-law shall be complied with, excepting electric power facilities;
c) Notwithstanding part b) above, in the case of any building used for
a public service which has a maximum gross floor area of less than
45 square metres (484.39 ft.2), the minimum requirements for all
yards shall be 3 metres (9.84 ft.).
Township of Springwater
Zoning By-law
pg. 14
d) Any building or above-ground use carried on under the authority of
this Section in any Residential or Agricultural Zone shall be
designed and maintained in general harmony with the residential
buildings of type permitted in the zone; and
e) Any parking and loading regulations prescribed for these uses are
complied with.
3.30.2.
Nothing in this By-law shall prevent the use of any land as a public street
or public park.
3.30.3.
Nothing in this By-law shall prevent the erection of any properly authorized
traffic sign or signal, or any sign or notice of any local or other government
department or authority.
3.30.4.
Nothing in this By-law shall prevent the use of any land for a wayside pit or
quarry or a portable asphalt plant used on public authority contracts and
may be permitted without the need for official plan amendment, rezoning
or development permit under the Planning Act in all areas, except those
areas of existing development or a particular environmental sensitivity
which have been determined to be incompatible with extraction.
3.31.
Prohibited Uses
3.31.1.
Except as otherwise specifically permitted in this By-law, the following
uses are prohibited in any zone:
a) Refining coal oil or petroleum products;
b) Tanning hides or skins
c) Manufacturing gas except for personal utilization involving a
permitted agricultural use;
d) Manufacturing glue;
e) A track or area for the racing of motor vehicles, motorcycles, go-
carts or snowmobiles;
f) Locating or storing on any land for any purpose whatsoever any
disused railroad car, truck, bus or coach body or Part thereof,
whether or not the same is situated on a foundation;
g) Bulk storage of chemicals or waste; and
h) The establishment of any pit or quarry.
3.31.2.
In addition to the uses prohibited in subsection 1 of this Section, any use
is prohibited which, from the nature of the materials used therein is
declared under the Public Health Act or any regulations adopted
thereunder to be noxious trade, business or manufacture. In addition to
the uses prohibited in subsection 1 of this Section, all uses of land and the
erection or use of any building or structure for a purpose not permitted
under the "Permitted Uses" subsection of one or more zones established
Township of Springwater
Zoning By-law
pg. 15
by the By-law are and shall be deemed to be prohibited in each such
zone, except for those uses of land and the erection or use of any building
or structure for a purpose expressly permitted under the applicable
provisions of the Public Uses Section hereof.
3.32.
Multiple Uses
Notwithstanding anything contained in this By-law, where any land,
building or structure is used for more than one purpose, all provisions of
this By-law relating to each use shall be complied with, but no dwelling
shall be located within 3 metres (9.84 ft.) of any other building on the lot
except a building accessory to such dwelling. A dwelling used as an
accessory use in the same building will be allowed where permitted by this
By-law.
3.33.
Industrial Uses
Except for areas where full municipal services are available, only dry
industries shall be permitted in any zone where such uses may be
permitted in the Township of Springwater. Dry industries are those which
do not use water or other liquids in any industrial process.
3.34.
Home Occupation
Home occupation uses, which are subject to the Section entitled Licenses,
Permits and Other By-laws as well as the Building By-laws Section of this
By-law shall be permitted only in the zones indicated in this By-law
provided that the portion of the dwelling used as a dwelling unit shall not
be less than the minimum floor area as specified and shall be maintained
in accordance with the following provisions:
a) Not more than a total of three (3) persons shall be involved in the
home occupation, of which at least one person shall be a resident;
b) Not more than 25 percent or 45 square metres (484.39 ft.2) of the
gross floor area of the dwelling is devoted to said uses;
c) One off-street parking space shall be provided for each 30 square
metres (322.93 ft2 ) of floor area devoted to said use in addition to
that required for the dwelling. In the case of a non-resident
employee one (1) additional space shall be provided. In the case of
a professional office one (1) space shall be provided for every 20
square metres (215.29 ft.2) of floor area occupied by the office. In
the case of a health professional or hairdresser, one (1) space shall
be provided for every 10 square metres (107.64 ft.2) of floor area
devoted to the said use;
d) The residential character of the dwelling shall not be changed
including landscaping;
Township of Springwater
Zoning By-law
pg. 16
e) The home occupation shall not interfere with television or radio
reception or create noise, dust, vibration or fumes which are
apparent or audible from adjacent properties;
f) There shall be no outside storage or display of materials,
containers, finished products or mechanical equipment used in
conjunction with the home occupation;
g) In an Agricultural or Rural Residential Zone, a home occupation
may be permitted in either a dwelling or an accessory building or
structure. In other zones the home occupation use shall be
confined to the dwelling on the lot; and
i. Where a home occupation is permitted in an
accessory building or structure, the total gross floor
area devoted to the home occupation, either located
exclusively in the accessory building or in combination
with the dwelling, shall not exceed 25% or 45 square
metres (484.39 ft.2) of the gross floor area of the
dwelling.
ii. Any street access shall meet the minimum distance
requirements of the applicable road authority having
jurisdiction.
3.35.
Home Industry
Home industry uses, which are subject to the Section entitled Licenses,
Permits and Other By-laws as well as the Building By-laws Section of this
By-law, shall be permitted only in the zones indicated in this By-law
provided that any portion of the dwelling used as a dwelling unit shall not
be less than the minimum floor area as specified and the use shall be
maintained in accordance with the following provisions:
a) Not more than a total of three (3) persons shall be involved in the
home occupation, of which at least one person shall be a resident;
b) Not more than 25 percent or 45 square metres (484.39 ft.2) of the
gross floor area of the dwelling is devoted to said uses;
c) In addition to part b), a building accessory to a residential use may
be used for the purpose of a home industry subject to the zone
provisions for accessory buildings. Notwithstanding any other
provisions of this By-law to the contrary, the maximum above grade
floor area of any accessory building devoted to the home industry
shall not exceed 115 square metres (1237.89 ft.2).
d) A minimum of two (2) off-street parking spaces shall be provided in
addition to those required for the dwelling;
e) The residential character of the dwelling shall not be changed
including landscaping;
f) Outside storage and display is permitted subject to the following:
Township of Springwater
Zoning By-law
pg. 17
i. Outside storage shall be located to the rear of the
projected front main wall of the residential dwelling
and shall comply with the setback provisions for
accessory buildings, uses and structures of the
applicable zone, however, no outside storage shall be
permitted within 15 metres (49.21 ft.) of an abutting
Residential, Open Space or Industrial zone or
adjacent residential use;
ii. Outside storage shall not be more than 50% of the
floor area above grade of the home industry
accessory building used in connection with the home
industry and such storage of any goods or materials
shall not exceed 1.5 metres (4.92 ft.) in height above
grade and shall be enclosed and screened from view;
iii. Outside display of finished products may be permitted
in front of the projected front main wall of the
residential dwelling but shall be set back to comply
with the minimum yard requirements of the zone;
iv. Outside display of finished products as permitted in
Part iii) above, shall not occupy an area in excess of
20 square metres (215.28 ft.2) measured within the
perimeter of the display area;
v. The area used for outside display shall be in addition
to and separated from the area required for parking;
and
vi. The area used for outside display shall be surfaced
and maintained with either concrete, asphalt, crushed
stone and/or other hard surface and dustless
materials, or maintained as a lawn.
3.36.
Bed and Breakfast
No person shall engage in a permitted bed and breakfast except in
accordance with the following provisions:
a) The bed and breakfast shall be permitted only in the zones
indicated in this By-law and shall be clearly accessory to the main
residential use and shall not change the residential character of the
lot;
b) No person other than a person residing in the residence containing
the bed and breakfast shall be employed except as is necessary for
housekeeping purposes;
c) The bed and breakfast shall not have more than four (4) rooms for
overnight guest purposes;
d) The guest rooms shall not contain kitchen facilities;
Township of Springwater
Zoning By-law
pg. 18
e) Only one plate or sign, attached to the dwelling or located in the
front yard shall be permitted and no flashing or animated sign shall
be used. The maximum size of any sign shall not exceed the
dimensions of 90 centimetres by 90 centimetres (35.43 in. by 35.43
in.);
f) The bed and breakfast shall not create or become a nuisance, in
particular, in regard to noise, traffic and parking; and
g) Any street access shall meet the minimum distance requirements of
the applicable road authority having jurisdiction.
3.37.
Group Homes
Notwithstanding any other provisions of this By-law, a group home may be
established in the following zones:
a) Agricultural
b) All Residential Zones
c) Institutional
Providing that:
i.
No parking space may be used for snow storage in compliance
with the Off-street Parking Requirements, subsection 12 of this By-
law;
ii.
Any dwelling unit used for a group home must be fully detached;
iii.
A group home shall be separated from any other group home by a
minimum distance of 2 kilometres (1.24 miles); and
iv.
All other provisions of the respective zones are complied with.
3.38.
Garden Suite
A garden suite may be permitted by way of a Temporary Use By-law and
furthermore may be subject to an agreement with the Municipality. For the
purpose of this By-law a garden suite shall mean a 1-unit detached
residential structure containing bathroom and kitchen facilities that is
ancillary to an existing single detached dwelling and that is designed to be
portable.
3.39.
Outside Storage
3.39.1.
Except as otherwise permitted in this By-law, no outside storage of goods
or materials shall be permitted in any zone.
3.39.2.
Except as may be provided herein where outside storage is permitted it
shall be located to the rear of the projected front main wall of the main
building and shall comply with the setback provisions for accessory
buildings, uses and structures of the applicable zone, however no outside
Township of Springwater
Zoning By-law
pg. 19
storage use shall be permitted within fifteen (15) metres (49.12 ft.) of an
abutting Residential, Open Space, Environmental Protection or
Institutional Zone or residential use.
3.39.3.
Notwithstanding subsection 2 of this Section, in the case of outside
storage in an Extractive Industrial (ME) and a Waste Disposal (WD) Zone,
the setback for the outside storage of goods and materials shall comply
with the zone provisions for minimum yards of the applicable zone.
3.39.4.
Where permitted, outside storage may be subject to site plan control
under the Planning Act, as amended, and without limiting the generality of
the foregoing, may include requirements in regard to the buffering and
screening of the use from adjacent uses.
3.40.
Outside Display and Sale of Goods
3.40.1.
Such outside display and sale is accessory to a commercial or industrial
use carried on in an enclosed building or portion thereof on the same lot;
3.40.2.
The area used for outside display and sale is subject to the following:
a) The area shall not be more than twice the floor area above grade of
the commercial or industrial building or portion thereof of any
building constructed upon the lot, and used for the commercial or
industrial purposes for which outside display and sale is permitted;
b) Notwithstanding part a) above, such area for outside display and
sale shall not be more than thirty-five percent (35%) of the lot area;
c) The above provisions do not apply and no maximum area is set in
the case of a motor vehicle sales or rental establishment, a farm
implement sales outlet, a recreational house trailer sales, service or
display outlet, a prefabricated building sale or display outlet, a
swimming pool sales and display outlet, a nursery and garden
centre or a mobile home sales and display outlet.
3.40.3.
The area used for outside display and sale shall provide side and rear
yards in accordance with the provisions of the zone in which the land is
situated, but in any event, shall not be closer to any side or rear lot line
than 3 metres (9.84 ft.) and if the interior side lot line or rear lot line of a lot
upon which such outside display and sale is permitted abuts a Residential
Zone, then a landscaped open space area shall be provided along such
abutting lot line or a portion thereof to a depth of not less than 3 metres
(9.84 ft.).
3.40.4.
The area used for outside display and sale shall be in addition to and
separated from the area required for parking.
Township of Springwater
Zoning By-law
pg. 20
3.40.5.
The area used for outside display and sale shall be surfaced and
maintained with either concrete, asphalt, crushed stone and/or other hard
surface and dustless materials, or maintained as a lawn.
3.40.6.
Where permitted, outside display may be subject to site plan control under
the Planning Act, as amended, and without limiting the generality of the
foregoing, may include requirements in regard to the buffering and
screening of the use from adjacent uses.
3.41.
Off-Street Parking Requirements
3.41.1.1.
A parking space shall have a minimum length of 6 metres (19.69ft.) and a
minimum width of 3 metres (9.84ft.)
3.41.1.2.
A bus space shall have a minimum length of 11 metres (36ft.) and a
minimum width of 3 metres (9.84 ft.)
3.41.2.
Each parking area and driveway connecting the parking area with a street
shall be maintained with a stable surface which is treated so as to prevent
the raising of dust or loose particles.
3.41.3.
For every building or structure to be erected or enlarged in any zone, off-
street parking shall be provided and maintained in accordance with the
following provisions or other applicable legislation:
Township of Springwater
Zoning By-law
pg. 21
Type of Building or Use
Minimum Number of Required Parking Spaces
Banks, business and
professional offices or office
spaces associated with a
commercial or industrial use
1 space for each 20 m2 (215.29 ft.2) of ground floor
area plus 1 space for each 37 m2 (398.28 ft.2) or
remaining gross floor area.
Billiard parlours and bowling
lanes
3 spaces per bowling lane and 1 space per billiard
table.
Bed and Breakfast
1 space for each designated guest room in
addition to the required parking for the residential
use.
Cannabis Production Facilities
1 space per 100 square metres of gross floor area
Clinic and Veterinary Clinic
6 spaces per practitioner.
Commercial establishments
providing accommodations
1 space per guest room plus 1 space per 10 m2
(107.64 ft.2) of gross floor area of the building
devoted to public uses.
Commercial Use not specifically
listed in this Section
1 space per every 20 m2 (215.29 ft.2) of gross floor
area
Eating establishment,
restaurant, place of
entertainment
1 space per every 14 m2 (150.69 ft.2) of public floor
area, with a minimum of 10 spaces.
Golf course
25 spaces per 9 holes.
Group Home
1 space for each of the maximum number of staff
members required to be in attendance at any one
time plus 1 visitor space in addition to the required
parking for the residential use.
Industrial Use not specifically
listed in this Section
1 space per every 40 m2 (430.57 ft.2) of gross floor
area.
Institutional Use not specifically
listed in this Section
Where there are fixed seats, 1 space for every 6
seats, or 3.5 m (11.49 ft.) bench space. Where
there are no fixed seats 1 space for each 9 m2
(96.88 ft.2) of floor area devoted to public use.
Mini storage warehouse
5 spaces or 1 space per 25 units, whichever is
greater.
Miniature golf and golf driving
range
1 space per tee or hole.
Nursing home, hospital, home
for the aged
1 space per each 2 beds or each 40 m2 (430.57
ft.2) of gross floor area, whichever is greater.
Nursery school
1 space per staff member plus 1 space for each
fifth child design capacity.
Parks and Recreational Uses
not specifically listed in this
Section
1 parking space for each 4 visitors making up the
total capacity of the use shown on the site plan or
declared by the owner.
Township of Springwater
Zoning By-law
pg. 22
Type of Building or Use
Minimum Number of Required Parking Spaces
Places of assembly such as
halls, lodges, labour union halls,
dance halls, community centres
and other places of public
assembly
1 space for each 4 persons maximum design
capacity.
Place of worship
1 space per every 5 seats of the maximum seating
capacity.
Post offices, museums, art
galleries and libraries
1 space for each 47 m2 (505.92 ft.2) of public floor
area.
Private or commercial clubs,
athletic and recreational
establishments
1 space for each 7 persons maximum design
capacity.
Recreational trailer campground
or park model trailer
campground
1 space per recreational trailer or park model
trailer site plus three-tenths (.3) of a space per site
provided for visitor parking located conveniently
within the trailer campground.
Residential (including any
dwelling in any Zone)
2 spaces per dwelling unit.
Retail lumber and building
supply outlet
1 space for each 28 m2 (301.39 ft.2) of retail floor
area with a minimum of 6 spaces
Retail store
1 space for every 30 m2 (322.93 ft.2) of gross floor
area.
School, elementary
1 space for every 4.64 m2 (50 ft.2) of gymnasium
plus one bus space for every three (3) classrooms.
School, secondary
1 space for every 4.64 m2 (50 ft.2) of gymnasium or
3 spaces for every one classroom, whichever is
greater, plus one bus space for every three (3)
classrooms.
Undertaking establishment
1 space for each 5 chapel seating spaces with a
minimum of 10 spaces
Tennis courts
4 spaces per court
Tourist establishment
1.25 spaces per guest room, cottage or cabin
All uses, buildings and
structures not specified above
1 space for each 28 m2 (301.39 ft.2) or fraction
thereof of gross floor area.
3.41.4.
Where the calculation of the required number of parking spaces results in
a fraction, 1 full parking space shall be provided to represent the fraction.
3.41.5.
Notwithstanding the yard and setback provisions of this By-law, uncovered
surface parking areas shall be permitted in the required yards or in the
area between the street line and the required setback as follows:
Zone
Yards in which Required Parking Area Permitted
Agricultural
All yards, provided that no part of any parking area, other than a
driveway, is located closer than 1 metres (3.28 ft.) to any street line.
Township of Springwater
Zoning By-law
pg. 23
Zone
Yards in which Required Parking Area Permitted
Residential
All yards, except in the required front and exterior side yards
wherein parking shall be limited to a properly surfaced driveway.
Commercial
All yards provided that no part of any parking area, other than a
driveway, is located closer than 3 metres (9.84 ft.) to any
Residential Zone, 1.5 metres (4.92 ft.) to any street lines, or 7
metres (19.69 ft.) to any street line in a Campground Commercial
Zone. Furthermore, no driveway shall be located closer than 3
metres (9.84 ft.) to a lot line that abuts any Residential Zone or
residential use.
Industrial
Visitor parking may be located in the front yard. All yards, provided
that no part of any parking area or land, other than a driveway, is
located or used for the temporary parking or storage of any motor
vehicle or trailer, closer than 3 metres (9.84 ft.) from any lot line, or
within 15 metres (49.21 ft.) of any street line or boundary of any
Residential Zone or within 7.5 metres (24.61 ft.) of the lot line of a
lot used for or intended to be used for residential purposes.
Furthermore, no driveway shall be located closer than 7.5 metres
(24.61 ft.) from a lot line that abuts any Residential Zone or
residential use.
3.41.6.
Where the owner of a commercial building or structure in a Commercial
Zone proposes to provide the required parking spaces and areas in a
location other than on the same lot as the use which requires such spaces
and areas, then such spaces and areas shall be located not more than
150 metres (492.13 ft.) from the said lot and shall be located within a
Commercial Zone. Where a residential use is permitted in a Commercial
Zone, the required parking spaces shall be located on the same lot as the
residential use, and shall be restricted for the use of the residential
occupants only.
When a building, structure or lot accommodates more than one type of
use, the parking space requirement for the whole building or lot shall be
the sum of the requirements for the separate parts of the building or lot
occupied by the separate types of use.
Any area where off-street parking is permitted under this By-law shall be
used only for the parking of operative vehicles bearing a motor vehicle
license plate currently valid, and for vehicles used in operations incidental
to the permitted uses in respect of which such parking spaces and areas
are required.
3.41.7.
Notwithstanding the foregoing, the owner or occupant of any lot, building
or structure in any Residential Zone may use the lot or any private garage
of which he is the owner or occupant, erected upon any such lot, for the
housing or storage of 1 commercial motor vehicle which he operates
Township of Springwater
Zoning By-law
pg. 24
himself, which does not exceed 8000 kilograms. GVW and which does not
employ an airbrake system.
3.41.8.
Notwithstanding the above and the specific provisions contained therein,
within the Rural Residential Zone, one (1) commercial motor vehicle,
which the owner or occupant of the lot operates himself, may be permitted
provided the vehicle and any attached or detached trailer as the design
and function may involve, does not exceed 12 metres (39.37 ft.) in total
length. Furthermore one (1) licensed, operational school bus which the
occupant or owner of the lot operates himself may be permitted on a lot in
a Rural Residential Zone.
3.41.9.
For the purpose of this Section, "Commercial motor vehicle" shall mean
any commercial vehicle as defined in the Highway Traffic Act, as
amended, or the applicable legislation having jurisdiction.
3.41.10.
When a building or structure has insufficient parking on the date of the
passing of this By-law to comply with the requirements herein, this By-law
shall not be construed to require that the deficiency be made up prior to
the construction of any addition. No addition may be built and no change
of use may occur, however, the effect of which would be to cause an
increase in that deficiency. In the case of an addition or alteration and
where additional space exists on the lot for parking, the additional parking
requirements shall be calculated against the addition or alteration. In the
case of a change of use and where additional space exists on the lot for
parking, the parking requirement shall be calculated against the entire
use.
3.41.11.
Notwithstanding any provisions of this By-law the provisions regarding the
minimum number of required parking spaces shall not apply where an
agreement between Council and the owner of a property has been
entered into pursuant to the Planning Act as amended, exempting the
owner from the requirement to provide parking, in the Elmvale commercial
district as shown on Schedule "A" of this By-law.
3.41.12.
Each parking space must be readily accessible at all times and arranged
in such a manner to provide access and maneuvering space for the
parking and removal of a motor vehicle without the necessity of moving
any other motor vehicle.
3.41.13.
Ingress and egress to and from the required parking spaces and areas for
any land use shall be provided by means of an unobstructed driveway.
3.41.14.
The width of any access driveway, measured along the street line, shall be
governed by the Township Engineering Standards implemented through
Township of Springwater
Zoning By-law
pg. 25
Site Plan Control and/or the Entrance Permit By-law, or through County or
Provincial regulations as may be applicable.
3.41.15.
Where a ramp to parking facilities provides access from a street, such a
ramp shall not be located closer than 8 metres (26.25 ft.) from the street
line and a level stopping space shall be provided between the ramp and
the street grade so as to provide adequate vision to the street in both
directions.
3.41.16.
In the case of a parking structure completely or partly below finished grade
it shall not be necessary to comply with the setback requirements of the
particular zone except that the minimum distance between such a
structure and the street line shall be 8 metres (26.25 ft.).
3.41.17.
Where parking requirements are related to seating capacity and seating is
by open benches, each 0.5 metres (1.64 ft.) of open bench shall be
counted as one (1) seat.
3.41.18.
The lights used for illumination of a parking area shall be so arranged so
to divert the light away from adjacent lots or streets.
3.41.19.
A structure not more than 4.8 metres (15.74 ft.) in height and not more
than 4.7 square metres (50.59 ft.2) in area may be erected in the parking
area for the use of parking attendants.
3.41.20.
No sign other than direction signs and the name of the owner which shall
not exceed 1.1 square metres (11.84 ft.2) in total area shall be erected in
any parking area.
3.41.21.
No gasoline pump or other service station equipment shall be located or
maintained on any parking area.
3.41.22.
No parking or loading facility or part thereof shall be located and no land
shall be used for the temporary parking or storage of any motor vehicle
within 2 metres (6.56 ft.) of any lot line or street line or within 3 metres
(9.84 ft.) of the boundary of any Residential Zone.
3.42.
Loading Space Requirements
3.42.1.
No person shall erect or use any building or structure in any zone for any
commercial or industrial purpose involving the movement of goods unless
loading spaces are provided and maintained in accordance with the
following provisions calculated on the non-residential floor area:
Area of Building
Loading Space Requirement
200m2 (2152.85 ft.2) or less
None
Township of Springwater
Zoning By-law
pg. 26
Area of Building
Loading Space Requirement
Exceeding 200 m2 (2152.85 ft.2)
but not 930 m2 (10,010.76 ft.2)
1 space
Exceeding 930 m2 (10,010.76 ft.2)
2 loading spaces plus a minimum of 1 additional
loading space for each 1400 m2 (15,069.97 ft.2)
or fraction thereof in excess of 930 m2
(10,010.76 ft.2)
3.42.2.
Each loading space shall be at least 11 metres (36.09 ft.) long, 3 metres
(9.84 ft.) wide and have a vertical clearance of at least 4.2 metres (13.78
ft.).
3.42.3.
The required loading spaces shall be provided on the lot occupied by the
building or structure for which the said loading spaces are required and
shall not form a part of any street or lane.
3.42.4.
For any commercial use, the required loading spaces shall be located only
in an interior side yard or rear yard provided such loading spaces are
located no closer than 15 metres (49.221 ft.) to any street line, 3 metres
(9.84 ft.) to any Residential Zone or residential use, or 1.5 metres (4.92 ft.)
to any lot line.
3.42.5.
For any industrial use, no loading space or part thereof shall be located
and no land shall be used for loading purposes within 3 metres (9.84 ft.) of
any lot line, or within 15 metres (49.21 ft.) to any street line or boundary of
any Residential Zone, or within 7.5 metres (24.61 ft.) of the lot line of a lot
used for or intended to be used for residential purposes.
3.42.6.
Access to loading spaces shall be by means of a driveway contained
within the lot on which the spaces are located and leading to a street or
lane.
3.42.7.
The driveways or loading spaces shall be maintained with a stable surface
which is treated so as to prevent the raising of dust or loose particles.
3.42.8.
When a building or structure has insufficient loading spaces on the date of
passing of this By-law to comply with the requirements herein, this By-law
shall not be interpreted to require that the deficiency be made up prior to
the construction of any addition. However, no addition may be built and no
change of use may occur, the effect of which would be to cause an
increase in that deficiency.
3.43.
Storage / Parking of Special Vehicles
3.43.1.
No person shall use any lot in any zone for the purpose of storing a
recreational trailer, commercial trailer, auto trailer, boat or boat trailer
Township of Springwater
Zoning By-law
pg. 27
except in accordance with the provisions of this Section or as provided
elsewhere in this By-law.
3.43.2.
For the purpose of this Section, "auto trailer" shall mean a trailer, enclosed
or unenclosed, designed to transport a single car and such other
equipment, up to a maximum length of 13.41 metres (44 ft.) from the rear
to the front inclusive of the tongue or fifth wheel connection.
3.43.3.
In an Agricultural Zone the outside storage of a travel trailer, an auto
trailer, a commercial trailer, boat or boat trailer is permitted only where
such use:
a)
Is accessory to an existing permitted use; and
b)
Is located in the rear yard or side yard; and
c)
Meets the setbacks for accessory buildings in the applicable zone;
and
d)
Is limited to a maximum of one of each of the following:
i.
A travel trailer
ii.
An auto trailer
iii.
A commercial trailer
iv.
A boat and/or boat trailer
3.43.4.
In a Residential Zone, the outside storage of a travel trailer, an auto trailer,
a boat or boat trailer is permitted only where such use:
a) Is accessory to an existing permitted use; and
b) Is located in the rear yard or side yard; and
c) Meets the setbacks for accessory buildings in the applicable zone; and
d) Is limited to a maximum of one of each of the following:
i.
A travel trailer
ii.
An auto trailer
iii.
A boat and/or boat trailer
3.43.5.
In a Residential Seasonal or Residential Conversion Zone the outside
storage of a travel trailer, an auto trailer, a boat or boat trailer is permitted
only where such use:
a) Is accessory to an existing permitted use; and
b) Is located in the rear yard or side yard; and
c) Meets the setbacks for accessory buildings in the applicable zone; and
d) Is limited to a maximum of one of each of the following:
i.
A travel trailer
ii.
An auto trailer
iii.
A boat and/or boat trailer
Township of Springwater
Zoning By-law
pg. 28
3.43.6.
Notwithstanding subsection 4 of this Section, in a Residential (R3) Zone,
the storing of a travel trailer, an auto trailer or boat trailer is only permitted
within a fully enclosed buildings.
3.43.7.
The provisions of subsection 4 of this Section shall apply to an accessory
residential use in a non-residential zone.
3.43.8.
In any Residential Zone, the outside storage of park model trailers and
commercial trailers is not permitted except where permitted elsewhere in
this By-law.
3.43.9.
In all zones, human habitation is prohibited in a recreational trailer,
commercial trailer, auto trailer, boat or boat trailer.
3.43.10.
Notwithstanding the preceding subsections, the limitations imposed
therein shall not restrict the number of recreational trailers, commercial
trailers, auto trailers, boats and/or boat trailers that are fully enclosed
within a private garage.
3.43.11.
Notwithstanding the preceding subsections, the parking on a driveway of
an auto trailer, travel trailer, boat or boat trailer may be permitted in a
Residential or Agricultural Zone during the season for which it was
designed, provided that such lot is not used for apartment building
dwelling purposes.
3.44.
Holding Zones
3.44.1.
Within any zone where the suffix "H" has been added to the zone symbol
(ie R1H), or to the first letter of the zone category (ie RH) except in regard
to the commercial category, which will be shown as "C/H", no person shall
use any land, erect, alter, enlarge, use or maintain any building or
structure for any use other than as permitted in subsection 2 and also
such use, building structure shall be in accordance with the regulations
contained in subsection 3 of this Section.
3.44.2.
Permitted Uses
a) Agricultural use in accordance with Minimum Distance Separation
requirements
b) Conservation and wildlife sanctuary including a forestry use;
c) Public park;
d) Public use in accordance with the provisions of the Public Use
Section herein;
e) Uses existing at the date of passing of this By-law in accordance
with the provisions of subsection 3 below;
Township of Springwater
Zoning By-law
pg. 29
f) Accessory buildings and uses to any permitted use in accordance
with the provisions of subsection 3 below;
g) New residential dwelling units are not permitted in conjunction with
any of the above uses.
3.44.3.
Zone Regulations
3.44.3.1.
For an agricultural or conservation and wildlife use, the zone provisions of
the Agricultural Zone shall apply.
3.44.3.2.
An existing detached dwelling shall comply with the provisions of the
Agricultural Zone.
3.44.3.3.
A public park shall comply with the provisions of the Open Space (OS)
Zone.
3.44.3.4.
Special Holding Zone Provisions, Schedule "A" (Elmvale) All lands within
the former Village of Elmvale as shown on Schedule "A" which are zoned
with a hold symbol ("H"), shall not be further developed or redeveloped
until the Township is satisfied that an adequate water supply and sanitary
sewage disposal servicing facilities and capacity are available to service
the area proposed to be developed, and that all appropriate agreements
between the developer and the Municipality have been finalized.
3.44.4.
Future Uses
For more detailed information in regard to the possible future permitted
uses which may occur within these zones, reference should be made to
the Official Plan of the Township of Springwater.
3.45.
Zone Exceptions
The various Zone Sections of this By-law contain subsections entitled
Zone Exceptions. Within the Zone Exception subsections may be
contained specific regulations, provisions or permitted uses that apply to
the specific lots or areas as set out in the locational description of the
exception and as indicated on the map schedule to this By-law. Unless
specifically set out otherwise in the exception, where a use is permitted by
the exception it is in addition to the other uses permitted within the zone.
In regard to an exception to a regulation or provision of a zone, a general
provision or a definition of this By-law, it is understood that all other
regulations, provisions and definitions of this By-law continue to apply.
3.46.
Minimum Distance Separation
Township of Springwater
Zoning By-law
pg. 30
3.46.1.
Notwithstanding any other yard or setback provision of this By-law to the
contrary, lands to be rezoned from an Agricultural Zone to a Residential,
Institutional, Commercial, Industrial or Open Space Zone will comply with
the Minimum Distance Separation (MDSI) Calculation.
3.46.2.
Notwithstanding any other provisions of this By-law to the contrary, a
residential use to be located upon an existing lot of record 1.0 hectare or
less in size and permitted in the Agricultural (A) Zone, will not be required
to comply with the Minimum Distance Separation (MDSI) Calculation.
3.46.3.
Notwithstanding any other provisions of this By-law to the contrary, a
residential use to be located upon an existing lot of record greater than 1.0
hectare in size and permitted in the Agricultural (A) Zone, will comply with
the Minimum Distance Separation (MDS I) Calculation.
3.46.4.
Notwithstanding any other yard or setback provisions of this By-law to the
contrary, no livestock facility shall be erected or expanded unless it
complies with the Minimum Distance Separation (MDSII) Calculation.
3.46.5.
Notwithstanding any other provisions of this By-law to the contrary, the
MDS II calculated separation distances will be measured from the nearest
point of an existing vacant lot of record 1.0 hectare in size or less, to the
nearest point of livestock facility. The existing lot of record shall be within
the Agricultural or a Rural Residential Zone and the proposed livestock
facility shall be located in the Agricultural Zone.
3.47.
Temporary Use By-laws
(By-laws paraphrased for referral use only. Please refer to the original By-law for full
wording.)
3.47.1.
2008 Flos Road Four West Part Lot 3, Con. 4, Flos; Roll No.
4341030003180050000
(Heppelle By-law 5000-064)
The placement of a garden suite shall be permitted until July 4, 2019.
3.47.2.
3353 Pinegrove Road, Part Lot 19, Con. 11, Vespra; Roll No.
4341010006225000000
Perron By-law 5000-120
A garden suite shall be permitted until March 22, 2020.
3.47.3.
1398 Old Second Road North, Part Lot 46, Con. 2, Part 21 on 51R-3775,
Flos Roll No. 4341030001052000000 (Beatty By-law 5000-123)
A garden suite shall be permitted until April 6, 2020.
Township of Springwater
Zoning By-law
pg. 31
3.47.4.
1484 Old Second Road North, Part Lot 46, Con.2, Parts 1 & on 51R-1822,
Flos
Roll No. 4341030001056000000 (Tusevljak By-law 5000-124)
The retention of the existing dwelling during the construction of a
replacement dwelling shall be permitted.
3.47.5.
3314 George Johnston Road, Part Lot 19, Con. 10, Part on 51R-37558
Roll No. 4341010006172500000 (Quinlan By-law 5000-142)
The retention of the existing dwelling during the construction of a
replacement dwelling shall be permitted.
3.47.6.
1933 Vespra Valley Road, Part of West Part Lot 8, Con. 8,
Part Part 3 on RP 51R-2386, Vespra
Roll No 4341010005028000000 (Hawman By-law 5000-160) (TU-2012-
001)
The retention of the existing dwelling during the construction of a
replacement dwelling shall be permitted until July 16, 2015.
3.47.7.
32340 Dobson Road, Part Lot 18 & 19, Con. 8, Vespra, Roll No.
4341010006028000000
(Yorkwood By-law 5000-165) (TU-2012-002)
The construction of six (6) model homes shall be permitted until October
1, 2015.
3.47.8.
East Half Lot 18, Con. 12 (Vespra)
3166 Pinegrove Road (P. Sleeth Temporary Second Dwelling Unit By-law
5000-174)
Notwithstanding the provisions of Section 26.2.1(a) of By-law 5000 as
amended, and subject to the terms of the Agreement entered into between
the parties, the retention of the existing dwelling during the construction of
a replacement dwelling, as set out on Schedule "A" attached hereto and
forming part of this By-law, shall be permitted for a term not to exceed
May 21st, 2014 or two months from the date of the issuance of an
Occupancy Permit for the replacement dwelling, whichever comes first.
3.47.9.
N Pt Lot 26, Concession 3, Flos
3681 Flos Rd 4 West, Roll 43410300050420000000
By-law 5000-216 (TU-2015-001 Gillies)
Township of Springwater
Zoning By-law
pg. 32
Notwithstanding the provisions of Section 33.2.1(a) of By-law No. 5000 as
amended, and the terms of the Agreement entered into between the
parties, the mobile/modular home existing on the property may be used as
a garden suite for their in-laws and a new single detached dwelling may
be constructed on the property, as set out on Schedule "A" attached
hereto and forming part of this By-law, and shall be permitted until (10 yrs
from date of by-law) or until abandonment of the temporary use,
whichever comes first, subject to the terms of the Agreement entered into
between the parties.
3.47.10.
East Part Lot 31, Con 1, being Part 1 on Plan 51R-15144, Vespra
1777 Old Second Road South, Roll 4341 010 001 18600 0000
Simcoe Soils Management - Temporary Top Soil Transfer Station
By-law 5000-249
Notwithstanding the provisions of Sections 28.2.2 & 28.4.9 of By-law 5000
as amended, and subject to the terms of the Agreement entered into
between the parties, a temporary top soil transfer station, as set out on
Schedule "A" attached hereto and forming part of this By-law, shall be
permitted for a term not to exceed three (3) years from the date of this By-
law or upon surrender of the exiting aggregate license to the MNRF,
whichever comes first, unless an extension is granted by Council, subject
to the terms of the Agreement.
3.47.11
Lot 44, Plan 51M-694, former Medonte
22 Davenport Drive, Roll No. 4341 020 081 15588 0000
TU-2019-001 - Dennis (Garden Suite)
Notwithstanding the provisions of Section 4.2.1(a) of By-law No. 5000 as
amended, and the terms of the Agreement entered into between the
parties, the placement of a garden suite shall be permitted on the
property, as set out on Schedule "A" attached hereto and forming part of
this By-law, and shall be permitted until ten (10) years from date of by-law
or until abandonment of the temporary use by the intended resident(s) as
set out in the Temporary Use Agreement, whichever comes first.
3.47.12
OS Part Lot 64, Concession 1, former Flos
2364 South Orr Lake Road, Roll No. 4341 030 002 03500 0000
TU-2019-004 - Cottonwood Management Inc. (Garden Suite)
Notwithstanding the provisions of Section 4.2.1(a) of By-law No. 5000 as
amended, and the terms of the Agreement entered into between the parties,
the placement of a garden suite shall be permitted on the property, as set
out on Schedule "A" attached hereto and forming part of this By-law, and
shall be permitted until ten (10) years from date of by-law or until
Township of Springwater
Zoning By-law
pg. 33
abandonment of the temporary use by the intended resident(s) as set out in
the Temporary Use Agreement, whichever comes first.
3.47.13
TU-2020-001 - Backyard Chickens - Applying to all land geographically
located within the Township of Springwater
Notwithstanding the provisions of Section 35 of By-law 5000, as amended
the following definitions shall apply for a term not to exceed (3) years from
the date of this by-law:
'Domestic Animal shall mean a dog, cat, or similar pet which is generally
understood to be domesticated and is typically kept indoors at a
residence. For the purpose of this by-law a domestic animal shall include
backyard chickens as defined herein.'
'Backyard Chickens - the accessory keeping of hens for the purpose of
companionship as a pet or providing eggs for personal consumption by
occupants of a dwelling on the same lot, and does not include accessory
livestock, or agricultural uses otherwise defined by the Township of
Springwater's Zoning By-law.'"
3.47.14
North Part Lot 8, Concession 3, Flos
1335 Flos Road Four East, Roll No. 4341 030 003 08100
5000-342 - TU-2021-003 - Smith Brothers Farm Inc
Notwithstanding the provisions of Section 33.2 of By-law No. 5000, as
amended, and the terms of the Agreement entered into between the
parties, a temporary indoor baseball training facility shall be permitted
within the Agricultural (A) Zone of the subject property, as set out on
Schedule 'A' attached hereto and forming part of this By-law, in
accordance with the definition and provisions provided herein:
Indoor Baseball Training Facility shall mean a building or structure
designed and equipped primarily for the practicing or teaching of baseball
skills and may include an accessory workout gymnasium, change rooms,
or offices.
i. The maximum number of buildings to be used for an indoor baseball
training facility is two (2);
ii. The maximum size of a gym building is to be 90 square metres (968
square feet);
iii. The maximum size of a batting tunnel building is to be 115 square
metres (1,237 square feet);
iv. The maximum amount of parking spaces shall be twenty (20);
The indoor baseball training facility shall be permitted from the date of the
executed Temporary Use Agreement for a term not exceeding 18 months
Township of Springwater
Zoning By-law
pg. 34
or upon completion of the required planning process to permit a
permanent use, whichever comes first, unless an extension is granted by
Council subject to the terms of the Agreement.
3.48
Additional Residential Units
3.48.1
Any Additional Residential Unit shall be developed in accordance with the
following provisions:
a. Additional Residential Units shall be permitted on lands zoned to permit
a single detached, semi-detached, townhouse dwelling or located
within a detached accessory building on the same lot as the Primary
Dwelling.
b. A maximum of two Additional Residential Units shall be permitted on a
lot, one within the same Building as the Primary Dwelling and one
located in a detached accessory building to the Primary Dwelling. For
lots on full municipal services and within Settlement Areas, both (2)
Additional Residential Units are permitted within the same Building as
the Primary Dwelling.
c. In accordance with the Off-Street Parking Requirements for a
residential use, one (1) parking space per Additional Residential Unit is
required to be provided and maintained entirely within the lot lines for
the sole use of the occupant of an additional residential unit and may
include tandem parking spaces. For added clarity, this is in addition to
the parking required for the Primary Dwelling.
d. Additional Residential Units shall be appropriately serviced and shall
comply with all applicable health and safety standards, including but
not limited to those set out in the Ontario Building Code and the
Ontario Fire Code.
e. Additional Residential Units shall not be permitted on a lot that is used
for a Bed and Breakfast or Group Home.
f. Additional Residential Units shall not be permitted within the
Residential Seasonal (RS) Zone.
g. Additional Residential Units shall not be permitted within floodplain or
natural hazard areas.
h. A home occupation shall not be permitted within an Additional
Residential Unit.
Township of Springwater
Zoning By-law
pg. 35
i. For lots on full municipal services within Settlement Areas, the
maximum lot coverage shall not exceed 45%, unless otherwise stated
in the applicable Zone provisions, whichever is greater.
j. Signage for the Additional Residential Unit is required to be provided
and maintained as per Building Department and Emergency Services
requirements and standards.
3.48.2
Additional Residential Unit within a Primary Dwelling:
a. The Additional Residential Unit within a Primary Dwelling shall not
exceed 40% of the Gross Floor Area of the Primary Dwelling.
b. Notwithstanding the above provision, if the proposed Additional
Residential Unit is to be located in the lower half (basement) of the
Primary Dwelling, the unit shall not exceed 50% of the Gross Floor
Area of the Primary Dwelling.
c. A separate entrance shall be required for the Additional Residential
Unit. Where the Additional Residential Unit entrance is located in the
Side Yard or the Rear Yard, an unobstructed pedestrian path of a
minimum 1.2 metres is required from the Front Yard to the Additional
Residential Unit entrance.
d. All other provisions of the respective zones are complied with.
3.48.3
Additional Residential Unit within an Accessory Building:
a. The Additional Residential Unit within a Detached Accessory Building
shall not exceed 40% of the Total Gross Floor Area of the Primary
Dwelling to a maximum of the permitted accessory building floor area
for the applicable zone or a maximum 115 sq.ft. (1238 sq.ft.),
whichever is the lesser.
b. The floor area calculation will include the Gross Floor Area of the
Detached Accessory Building when utilized for an Additional
Residential Units and will include any parking areas within the building.
c. The maximum Building Height of an Additional Residential Unit
contained within a Detached Accessory Building is two (2) storeys, and
shall not exceed the height of Primary Dwelling to a maximum height of
4.5 metres (14.76 feet).
d. The applicable setbacks for the Primary Dwelling within the applicable
zone applies to an Additional Residential Unit contained within a
Township of Springwater
Zoning By-law
pg. 36
Detached Accessory Building on a residential Lot.
e. An Additional Residential Unit in a Detached Accessory Building may
occupy a Yard other than a Front Yard or required Exterior Side Yard.
f. Notwithstanding the above provision, In the Agricultural (A), Residential
Conversion (RC) Zones, an Additional Residential Unit contained within
a Detached Accessory Building may be located in Front Yard of the
Primary Dwelling and the unit shall comply with the applicable Front
Yard setback requirements for the Primary Dwelling.
g. A minimum of 1.5 metres shall be provided between the Additional
Residential Dwelling Unit in a Detached Accessory Building on the
same Lot and any other structure permitted on the lot.
h. Crawlspace foundations are permitted in Additional Residential Units to
be located in Detached Accessory Building for the purposes of
containing mechanical/utility equipment (heating, cooling, plumbing,
electrical), provided the same does not allow for human habitation and
that same foundation does not exceed 1.8 metres in total height.
Crawlspace foundations are not included in the floor area of the
Additional Residential Unit.
i. All other provisions of the respective zones are complied with.
3.49
Cannabis Production Facility
Cannabis Production Facility uses, which are subject to the Section
entitled Licenses, Permits and Other By-laws as well as the Building By-
laws Section of this By-law, shall be permitted only in the zones indicated
in this By-law and the use shall be maintained in accordance with the
following provisions:
a. All Cannabis Production Facilities are subject to Site Plan Control
pursuant to Section 41 of the Planning Act;
b. In addition to the requirements of this Section, a Cannabis Production
Facility shall comply with all zone provisions of the zone it is located
within;
c. A Cannabis Production Facility will be prohibited on any lot within a
Residential, Institutional or Commercial Zone;
d. Minimum setback for all structures associated with a Cannabis
Production Facility shall be 30.0 metres from all property lines within the
Agricultural (A);
Township of Springwater
Zoning By-law
pg. 37
e. Notwithstanding d) above, where outdoor cultivation is proposed in the
Agricultural (A) zone, no building or structure or portion of land thereof
used for cannabis production facility purposes may be located closer than
150 metres to any Residential or Institutional Zone, Parks, Open Space
Zone, any residential dwelling in an Agriculture Zone, day nursery, school,
community centre, place of entertainment, place of assembly, place of
worship, long term care home, retirement home, cultural facility or any
other sensitive use;
f. Outdoor storage shall be prohibited on a property on which a Cannabis
Production Facility is located;
g. No outdoor signage or advertising related to a Cannabis Production
Facility shall be permitted;
h. Within the General Industrial (MI) Zone, loading spaces for a Cannabis
Production Facility must be wholly enclosed building within a building; and,
i. All uses associated with Cannabis Production Facility, except the
outdoor cultivation of cannabis within an Agricultural (A) zone, must take
place entirely within a building.