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TOWNSHIP OF ST. CLAIR
COMPREHENSIVE
ZONING BY-LAW
BY-LAW 17 OF 2003
Passed April 21, 2003
Prepared by
County of Lambton Planning
and Development Department
Office Consolidation January 2024
Township of St. Clair Comprehensive Zoning By-Law
2
TABLE OF CONTENTS
SECTION 1 - ADMINISTRATION, ENFORCEMENT & INTERPRETATION .................... 6
1.1
ADMINISTRATION ........................................................................................ 6
1.2
TITLE ............................................................................................................. 6
1.3
APPLICATION ............................................................................................... 6
1.4
SCOPE .......................................................................................................... 6
1.5
REPEAL OF EXISTING BY-LAWS ............................................................... 6
1.6
VALIDITY / SEVERABILITY .......................................................................... 6
1.7
EFFECTIVE DATE ........................................................................................ 7
1.8
COMPLIANCE WITH OTHER RESTRICTIONS ........................................... 7
1.9
ENTRY AND INSPECTION OF PREMISES ................................................. 7
1.10
VIOLATIONS AND PENALTIES ................................................................... 7
1.11
LICENSES AND PERMITS ........................................................................... 7
SECTION 2 - DEFINITIONS ............................................................................................... 8
SECTION 3 - ZONES SYMBOLS AND ZONE MAPS ..................................................... 47
3.1
ESTABLISHMENT OF ZONES ................................................................... 47
3.2
USE OF SYMBOLS ..................................................................................... 47
3.3
THE USE OF THE HOLDING SYMBOL ..................................................... 48
3.4
APPLICATION OF ZONES ......................................................................... 48
3.5
INCORPORATION OF THE ZONING MAP ................................................ 48
3.6
INTERPRETATION OF ZONING MAP ....................................................... 48
3.7
INCORPORATION OF TABLE "A" .............................................................. 49
3.8
INCORPORATION OF APPENDIX "A" .......................................... .. 49
SECTION 4 - GENERAL PROVISIONS .......................................................................... 50
4.1
USES PERMITTED IN ALL ZONES ........................................................... 50
4.1.1 Public Services ................................................................................. 50
4.1.2 Utilities and Essential Services ......................................................... 50
4.1.3 Public Recreational Uses ................................................................. 50
4.1.4 Construction Uses ............................................................................ 50
4.1.5 Pipelines ........................................................................................... 51
4.1.6 Petroleum Well and Petroleum Work ............................................... 51
4.2
USES PROHIBITED IN ALL ZONES .......................................................... 51
4.3
ACCESSORY USES ................................................................................... 52
4.3.1 Uses Permitted ................................................................................. 52
4.3.2 Structures Permitted in All Yards...................................................... 52
4.3.3 Yards ................................................................................................ 52
4.3.4 Lot Coverage and Height ................................................................. 53
4.3.5 Private Swimming Pools and Decks................................................. 54
4.3.6 Boat Docks and Lifts ........................................................................ 54
Township of St. Clair Comprehensive Zoning By-Law
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4.3.7 Manure Storage Areas ..................................................................... 55
4.4
HEIGHT RESTRICTIONS ........................................................................... 55
4.5
NON CONFORMING USES ....................................................................... 55
4.6
RESTORATION OF NON CONFORMING USES ...................................... 56
4.7
NON COMPLYING BUILDINGS OR STRUCTURES ................................. 57
4.8
DWELLING UNITS ...................................................................................... 57
4.8.1 Yard Provisions for Non-Residential Buildings ................................. 57
4.8.2 Basement Location ........................................................................... 58
4.9 LOT DEVELOPMENT REQUIREMENTS ................................................... 58
4.9.1 Frontage on a Public Street .............................................................. 58
4.9.2 More Than One Use on a Lot ........................................................... 58
4.9.3 More Than One Zone on a Lot ......................................................... 58
4.9.4 Number of Main Buildings on a Lot .................................................. 58
4.10
EXSTING LOTS (Lesser area or frontage) ................................................. 58
4.11
LOTS REDUCED BY PUBLIC ACQUISITION ............................................ 59
4.12
HOME OCCUPATIONS .............................................................................. 59
4.13
AGRICULTURAL HOME INDUSTRY ......................................................... 60
4.14
GROUP HOMES ......................................................................................... 61
4.15
OCCUPANCY OF VEHICLES .................................................................... 61
4.16
MININUM DISTANCE SEPARATION FOR AGRICULTURE ..................... 61
4.17
YARD ENCROACHMENTS ........................................................................ 62
4.18
YARD DEPTH NON-COMPLIANCE ........................................................... 63
4.19
ADDITIONAL BUILDING SETBACKS ........................................................ 63
4.19.1 Setbacks from Ditches and Drains ................................................... 63
4.19.2 Sight Triangles.................................................................................. 63
4.19.3 Road Setbacks ................................................................................. 64
4.19.4 Railway Setbacks ............................................................................. 65
4.19.5 Pipeline Setbacks ............................................................................. 66
4.20
ENVIRONMENTAL CONCERNS AND SETBACKS .................................. 66
4.21
OPEN STORAGE REGULATIONS............................................................. 68
4.22
OPEN DISPLAY AREA ............................................................................... 69
4.23 LANDSCAPING ........................................................................................... 70
4.24
PLANTING STRIPS .................................................................................... 70
4.24.1 Required Location ............................................................................ 70
4.24.2 Width ................................................................................................ 70
4.24.3 Height ............................................................................................... 70
4.24.4 Interruption for Driveway or Walk ..................................................... 70
4.24.5 Landscaped Open Space ................................................................. 71
4.25
SIGNS ......................................................................................................... 71
4.26
MOVEMENT OF BUILDINGS ..................................................................... 72
4.27
COMMERCIAL AND INDUSTRIAL ZONES ............................................... 72
4.28
OCCUPANCY ............................................................................................. 72
4.29
ACCESS ...................................................................................................... 73
4.30
CONVERTED DWELLINGS ....................................................................... 73
Township of St. Clair Comprehensive Zoning By-Law
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4.31
PARKING AREA REGULATIONS .............................................................. 74
4.31.1 Parking Requirements ...................................................................... 74
4.31.2 Additions to Existing Use .................................................................. 77
4.31.3 Change of Use ................................................................................. 78
4.31.4 More than one use on a lot ............................................................... 78
4.31.5 Location ............................................................................................ 78
4.31.6 Yards Permitted ................................................................................ 78
4.31.7 Access to Parking ............................................................................. 78
4.31.8 Surface ............................................................................................. 79
4.31.9 Movement Lanes for Automotive Washing Establishment ............... 80
4.31.10Drive-throuh Facilities ...................................................................... 80
4.31.11Restrictions in Residential Zones .................................................... 80
4.31.12 Barrier Free (handicap) Parking Provisions .................................... 81
4.32
LOADING SPACE REGULATIONS ............................................................ 81
4.32.1 Spaces Required .............................................................................. 81
4.32.2 Location ............................................................................................ 81
4.32.3 Access .............................................................................................. 82
4.33
SECOND DWELLING UNIT PROVISIONS ................................................ 82
4.34
MEDICAL MARIHUANA FACILITIES ......................................................... 85
SECTION 5 - AGRICULTURAL ....................................................................................... 86
5.1
Agricultural-1 (A1) Zone (general farming) .................................................. 87
5.2
Agricultural - Non-Farm Rural Residential (A1-R) ...................................... 97
SECTION - 6 RESIDENTIAL ........................................................................................... 101
6.1
Residential-1 (R1) Zone (low-density) ........................................................ 101
6.2
Residential-2 (R2) Zone (transition to medium-density) ............................. 106
6.3
Residential-3 (R3) Zone (transition from medium to high-density) ............. 110
6.4
Residential-4 (R4) Zone (Chenal Ecarte) ................................................... 115
6.5
Residential-5 (R5) Zone (Stag Island) ........................................................ 117
6.6
Residential-6 (R6) Zone (Fawn Island) ....................................................... 118
6.7
Residential-7 (R7) Zone (Courtright Multiple Unit - conversion) ................ 119
6.8
Residential-8 (R8) Zone (Corunna Cluster) ................................................ 120
6.9
Residential-9 (R9) Zone (St. Clair Blvd Vacant Lot Condominium) ............ 122
6.10
Residential-10(R10)Zone (Vacant Lot Condominium) ................................ 124
SECTION 7 - SUBURBAN RESIDENTIAL ....................................................................... 126
7.1
Suburban Residential (RS) Zone ................................................................ 128
7.2
Suburban Residential (RS) - Sombra Zone ................................................ 129
7.3
Suburban Residential - Shoreline Constraint (RS-7-SC) Zone .................. 130
7.4
Suburban Residential (RS-8) Zone ............................................................. 131
7.5
Suburban Residential (RS-9) Zone ............................................................. 132
SECTION 8 - INSTITUTIONAL ZONE .............................................................................. 133
8.1
Institutional-1 (I1) Zone ................................................................................ 133
Township of St. Clair Comprehensive Zoning By-Law
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SECTION 9 - CENTRAL COMMERCIAL (C1) ................................................................. 135
SECTION 9.2 - HIGHWAY COMMERCIAL (C2) .............................................................. 138
SECTION 9.3 - AGRICULTURAL COMMERCIAL (C3) .................................................. 140
SECTION 9.4 - WATERFRONT COMMERCIAL (C4) ..................................................... 141
SECTION 9.5 - NEIGHBOURHOOD COMMERCIAL (C5) .............................................. 142
SECTION 9.6 - COURTRIGHT COMMERCIAL (C6) ...................................................... 143
SECTION 9.7 - COMMERCIAL EXCEPTION ZONE (C7) ............................................... 145
SECTION 10 - INDUSTRIAL ............................................................................................ 146
10.1
Industrial Type 1 (M1) Zone (Light) ............................................................. 146
10.2
Industrial Type 2 (M2) Zone (Medium) ........................................................ 149
10.3
Industrial Type 3 (M3) Zone (Large) ............................................................ 152
10.4
Industrial Type 4 (M4) Zone (Waste Disposal) ............................................ 159
10.5
Agricultural Industrial (M5) Zone ................................................................. 162
10.6
Large Scale Greenhouse (M6-h) Zone ........................................................ 165
SECTION 11 - ENVIRONMENTAL PROTECTION (EP) .................................................. 167
11.1 Environmental Protection - Hazard (EP-H) Zone ........................................ 167
11.2 Environmental Protection - Wetland (EP-WET) Zone ................................. 168
11.3 Environmental Protection - Woodlot (EP-WD) Zone ................................... 169
11.4 Environmental Protection - Natural (EP-N) Zone ........................................ 170
SECTION 12 - OPEN SPACE (OS) .................................................................................. 171
12.1 Open Space - 1 Zone .................................................................................. 171
12.2 Open Space - 2 Zone .................................................................................. 172
SECTION 13 - FUTURE DEVELOPMENT (FD) ............................................................... 173
ADOPTION ........................................................................................................................ 175
TABLE "A"
APPENDIX "A"
SCHEDULE "A"
Township of St. Clair Comprehensive Zoning By-Law
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TOWNSHIP OF ST. CLAIR
ZONING BY-LAW 17 OF 2003
WHEREAS Section 34 of the Planning Act, S.O. 1996, C.4 as amended from time to time,
allows a governing body of a municipal corporation to pass By-Laws to regulate the use of land
and the character, location and use of buildings and structures;
BE IT THEREFORE ENACTED by the Municipal Council of the Corporation of the Township of
St. Clair as follows:
SECTION 1 - ADMINISTRATION, ENFORCEMENT & INTERPRETATION
1.1
ADMINISTRATION
This By-Law shall be administered by the person designated by the Council of the
Township of St. Clair as the "By-Law Enforcement Officer".
1.2
TITLE
This By-Law shall be known as the Zoning By-Law of the Corporation of the Township of
St. Clair.
1.3
APPLICATION
The provisions of this By-Law shall apply to all lands within the boundaries of the
Corporation of the Township of St. Clair except for those lands subject to By-Law No. 36
of 2002.
1.4
SCOPE
No lands shall be used and no buildings or structures shall be erected, altered, enlarged
or used within the Township of St. Clair except in conformity with the provisions of this By-
Law.
1.5
REPEAL OF EXISTING BY-LAWS
From the coming into force of this By-Law, all previous By-Laws passed under Section 34
of the Planning Act, S.O. 1996, c.4, as amended, or a predecessor thereof, shall be
deemed to have been repealed for those lands subject to this By-Law.
1.6
VALIDITY / SEVERABILITY
Should any section, clause or provision of this By-Law be held by a court of competent
jurisdiction to be invalid, the validity of the remainder of the By-Law shall not be affected.
Township of St. Clair Comprehensive Zoning By-Law
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1.7
EFFECTIVE DATE
This By-Law shall be deemed to be valid and to have come into force on the day of
passing hereof.
1.8
COMPLIANCE WITH OTHER RESTRICTIONS
This By-Law shall not reduce any restrictions lawfully imposed by a governmental authority
having jurisdiction to make such restrictions.
1.9
ENTRY AND INSPECTION OF PREMISES
Pursuant to Section 49 of the Planning Act, S.O. 1996, C.4, as amended, the Clerk or the
Clerk's Designate or a person acting under the Clerk's instructions, at all reasonable
times and upon producing proper identification, enter and inspect any property in respect
of which he believes a contravention of this By-Law is occurring.
An officer or any person acting under instructions shall not enter any room or place
actually used as a dwelling without requesting and obtaining the consent of the occupier,
first having informed the occupier that the right of entry may be refused and entry made
only under the authority of a search warrant issued under Section 158 of the Provincial
Offences Act, R.S.O. 1990, Chap. P.33 as amended.
1.10 VIOLATIONS AND PENALTIES
Pursuant to Section 67 of the Planning Act, S.O. 1996, c.4 as amended, any person who
contravenes this By-Law is guilty of an offence and on conviction is liable:
a)
on a first conviction to a fine of not more than $25,000; and
b)
on a subsequent conviction to a fine of not more than $10,000 for each day or part
thereof upon which the contravention has continued after the day on which he was
first convicted.
Where a corporation is convicted for contravening this By-Law the maximum penalty that
may be imposed is:
a)
on a first conviction a fine of not more than $50,000; and
b)
on a subsequent conviction a fine of not more than $25,000 for each day or part
thereof upon which the contravention has continued after the day on which the
corporation was first convicted.
1.11 LICENSES AND PERMITS
No municipal permit, certificate or license shall be issued in contravention of this By-Law.
Township of St. Clair Comprehensive Zoning By-Law
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SECTION 2: DEFINITIONS
General
a)
For the purposes of this By-Law, the definitions and interpretations given in this
Section shall govern.
b)
In this By-Law the word "shall" is mandatory and not directory; words in the singular
include the plural; words in the plural include the single number; words used in the
present tense include the future.
"ABANDONED" shall mean the failure to proceed expeditiously with new construction work.
"ABATTOIR" means the use of lands, buildings, structures or part thereof used for the slaughter
of livestock or other animals for the purpose of processing or rendering.
"ACCESSORY" when used to describe a use, building or structure it shall mean a use, building
or structure which is incidental, subordinate and exclusively devoted to the main use, building or
structure and located on the same lot therewith. An accessory building shall not be considered a
principle or primary permitted use.
"ADULT ENTERTAINMENT PARLOUR" means any premises or part thereof in which is
provided, in pursuance of a trade, calling, business or occupation, goods or services appealing to
or designed to appeal to erotic or sexual appetites of inclinations.
"AGRICULTURE" shall mean the growing of crops, including nursery and horticultural crops;
raising of livestock and other animals for food or fur, including poultry and fish; horses; aqua-
culture; agro-forestry; apiaries; maple syrup production; and associated on-farm buildings and
structures.
"AGRICULTURAL BUILDING" see livestock facility or farm implement shed
"AGRICULTURAL HOME INDUSTRY" means an operation or business conducted for gain or
profit as an accessory use and located within a building which is part of or accessory to the main
farming operation.
"AGRICULTURAL PROCESSING ESTABLISHMENT" shall mean the use of lands, buildings or
structures for the processing and storage of agricultural produce, such as feed and grain mills.
"AGRICULTURALLY RELATED USE" shall mean those farm-related commercial and farm-
related industrial uses that are small scaled and directly related to the farm operation and are
required in close proximity to the farm operation.
"AGRICULTURAL SERVICE ESTABLISHMENT" shall mean the use of lands, buildings or
structures for the purpose of providing a non-personal service which supports the agricultural
industry that includes, but not necessarily restricted to, the repair of farm machinery, farm
Township of St. Clair Comprehensive Zoning By-Law
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drainage and excavation, trades related to farm buildings and structures, and, custom spray,
tillage, planting and harvesting.
"AGRICULTURAL SUPPLY ESTABLISHMENT" shall mean the use of lands, buildings,
structures for the purpose of the sale and/or storage of seeds, fertilizers, farm equipment or other
goods or materials used in agriculture as defined in this By-Law.
"AISLE" shall mean the area traveled by motor vehicles for access to and from all off-street
parking spaces, but does not include an access driveway.
"ALTER" when used in reference to a building or part thereof, shall mean to change any one or
more of the internal or external dimensions of such building or to change the type of construction
of the exterior walls or roof thereof. When used in reference to a lot, the word "alter" means to
change the area, frontage or depth thereof; to change the width, depth or area of any required
yard, landscaped open space or parking area; or to change the location of any boundary of such
lot with respect to a street or land whether such alteration is made by conveyance or alienation of
any portion of such lot, or otherwise.
"AMENITY AREA" shall mean an area within a lot used for recreational or aesthetic purposes
and may include landscaped open spaces, patios, balconies, swimming pools, recreational
courts, but does not include driveways and parking areas.
"ANAEROBIC DIGESTER" means an enclosed vessel in which microorganisms breakdown
organic materials (i.e. manure or biomass) in the absence of oxygen, resulting in the production
of biogases, consisting primarily of methane and carbon dioxide. The Minimum Distance
Separation Formulae is to be applied to on-farm anaerobic digesters, which utilize manure as an
input. An on-farm anaerobic digester may include a co-substrate input tank fitted with a tight
cover. (B/L 24/2011)
"ANTENNAE" shall mean the use of land, building or structure for the purpose of sending or
receiving electromagnetic waves.
"APIARY" means a place where bees are kept.
"AQUACULTURE" means the propagation, cultivation or rearing of captive aquatic organisms
(fish) under controlled conditions using husbandry and management techniques appropriate for
the species being cultured.
"ART GALLERY" shall mean a building or part thereof where works of art such as paintings,
sculptures, pottery pieces, glass objects, and weaving articles are displayed for public viewing
and may include the sales of art and/or art supplies.
"ASPHALT BATCHING PLANT" means an industrial establishment used for the production of
asphalt, or asphalt products used in building or construction and includes facilities for the
administration and management of the business, the stockpiling of materials used in the
production process or finished products, and the storage and maintenance of required
Township of St. Clair Comprehensive Zoning By-Law
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equipment, but does not include the retail sale of finished asphalt. "PORTABLE ASPHALT
PLANT" means a temporary "asphalt batching plant" established for a public road project.
"ASSEMBLY HALL" shall mean a building or structure used for the assembly of persons for
religious, charitable, philanthropic, cultural, private recreational or private educational purposes.
"ATTACHED" shall mean a building otherwise complete in itself that depends for structural
support, or complete enclosure, upon a division wall or walls shared in common with an adjacent
building(s). (B/L 56/07)
"ATTIC" shall mean that portion of a building situated wholly or partly within the roof of such
building and which is not a one-half storey.
"AUCTION ESTABLISHMENT" shall mean a building or structure where a public sale is
conducted by an auctioneer through a series of competing bids and may include the storage of
such articles to be sold at auction.
"AUDITORIUM" shall mean a building or structure where facilities are provided for athletic, civic,
educational, political, religious or social events. This definition may include an arena, Community
Centre, gymnasium, stadium, theatre or similar use.
"AUTOMOTIVE" See "Motor Vehicle"
"BAKERY" shall mean the use of lands, buildings and structures or parts therein for the purpose
of manufacturing or producing of bread, biscuits, cakes or other baked products.
"BAKE SHOP" shall mean the use of lands, buildings and structures or parts therein for the
purpose of the retail sale of bakery goods in which some or all the retail goods are prepared on
the premises.
"BALCONY" shall mean an unenclosed platform projecting from a building surrounded by a
railing being considered part of the main or principle building.
"BANK OR FINANCIAL INSTITUTION" shall mean any Federally or Provincially chartered
financial institution or business. A "Credit Union" shall mean a corporation incorporated as a credit
union or caisse populaire under The Credit Unions and Caisses Populaire Act, R.S.O., 1990, as
amended or its successor.
"BANQUET HALL" shall mean a building used for the assembly of persons where private social
functions are held and where facilities are provided for the preparation of food. This use shall not
include a Restaurant or any other recreational use as defined in this By-Law.
"BASEMENT" shall mean that portion of a building that is partly underground, but which has at
least one-half of its height (measured from finished floor to finished ceiling) above the adjacent
Finished Grade.
Township of St. Clair Comprehensive Zoning By-Law
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"BED AND BREAKFAST ESTABLISHMENT" shall mean a Home Occupation within a Single-
detached Dwelling in which not more than three (3) rooms are made available by a resident of
said Dwelling for temporary accommodation of travelers. Meals or food are served only to
overnight guests. This definition does not include a Hotel, Motel or Restaurant.
"BEVERAGE ROOM" shall mean a building or premises, other than a restaurant, which is
licensed under the Liquor License Act R.S.O.1990 or its successor.
"BINGO HALL" shall mean a building used for the assembly of persons for the playing of bingo.
This use shall not include any other recreational use a defined in this By-Law.
"BOARDING HOUSE" shall mean any Building or part thereof in which the owner resides and
supplies for hire or gain to not more than six persons exclusive of the owner thereof or members
of owner's housekeeping unit, lodging and/or meals; but this use shall not include a hotel, motel,
hospital, or nursing home. (B/L 11/13)
"BOATDOCK" shall mean any spiles, piles and or structures located on a watercourse which are
used or intended to be used to moor or berth watercraft. This definition shall not include any
building nor any boat service, boat repair or boat sales.
"BOATHOUSE" shall mean a marine facility enclosed by walls, located on, over or adjacent to a
watercourse and used or intended for sheltering of boats. (Boathouses may be considered as a
permitted use subject to an amendment to this By-Law).
"BOATLAUNCH" shall mean a structure free of enclosing walls, located on a watercourse and
used for the launching of boats into the water and elevating of boats above the water level.
"BOATLIFT" shall mean a marine facility free of enclosing walls, located on, over or adjacent to
a watercourse and used or intended to be used for elevating boats above the level of the water. A
flat roof of a hip or gable roof with a pitch not exceeding 1:12 may be included as part of the boat
lift structure.
"BREEZEWAY" shall mean a roofed, open or closed passage connecting two or more buildings.
"BREWING-ON-SITE ESTABLISHMENT" means a commercial establishment where customers
produce beer, wine or cider for personal consumption off the premises; where beer, wine or cider
ingredients are purchased; and where equipment and storage is used for a fee by the same
customers.
"BUILDING" shall mean any structure whether temporary or permanent, used or intended for
sheltering any use or occupancy but shall not include a boundary wall, fence, travel trailer,
camping trailer, truck camper, motor home, or tent.
"BUILDING ENVELOPE" means the buildable area on a lot, defined by the minimum front yard
depth, rear yard depth, side yard width requirements and the maximum height requirements,
within such buildings can be erected.
Township of St. Clair Comprehensive Zoning By-Law
12
"BUILDING HEIGHT" shall mean the vertical distance from the Finished Grade level to:
a)
in the case of a flat roof, the highest point of the roof surface or the parapet, whichever is
the higher;
b)
in the case of a mansard roof, the roof deck line; or
c)
in the case of any other roof, the mean height between the eaves and the ridge;
but exclusive of any accessory roof structures such as antenna, chimney, steeple or tower.
"BUILDING OFFICIAL, CHIEF" shall mean the officer or employee of the Corporation of the
Township of St. Clair or the County of Lambton appointed or constituted under Section 3 or 4 of
the Building Code Act, R.S.O., 1990 or its successor and having jurisdiction for the enforcement
of this Act.
"BUILDING, MAIN" shall mean the building or buildings designed and/or intended to
accommodate the principal use permitted by this By-Law.
"BUILDING SETBACK" shall mean the minimum horizontal distance between a lot line and the
nearest part of any building or structure on the lot.
"BULK FUEL ESTABLISHMENT" shall mean the use of lands, buildings or structures for the
purpose of buying and selling petroleum fuels for distribution.
"BULK SALES ESTABLISHMENT" shall mean the use of land, building or structure for the
purpose of buying or selling coal, fuel oil, wood, lumber, building materials, ice or allied
commodities, but does not include any manufacturing, assembling or processing use.
"BY-LAW ENFORCEMENT OFFICER" shall mean the clerk or his designate of the Corporation
of the Township of St. Clair charged with the duty of enforcing the provisions of this By-Law.
"CABIN, SLEEPING" means a building designed and built for temporary human accommodation
containing separate heating facilities but no culinary or sanitary facilities and having an area of
not less than 10 square metres in gross floor area and not more than 30 square metres in gross
floor area.
"CAMPGROUND, TENT AND TRAILER" shall mean land used for the seasonal parking of
travel trailers, tents or similar transportable accommodation, but not including a single-wide
mobile home or double-wide mobile home.
"CAMPSITE" shall mean a portion of land in a campground designed and intended for the
accommodation of one recreational vehicle, tent or park model unit.
"CANOPY" shall mean a roof free of enclosing walls.
Township of St. Clair Comprehensive Zoning By-Law
13
"CARPORT" shall mean an accessory covered structure attached to the wall of the main building
or attached to the wall of a dwelling and used for the storage of passenger motor vehicles
wherein servicing for profit is not conducted. The roof of said structure shall be supported only by
piers or columns so that 50% of its wall area adjacent to the lot line is unenclosed.
"CARPENTER'S YARD" shall mean any land, building or structures used for the purposes
performing carpentry work or related wood working and shall include the storage of equipment
and materials.
"CELLAR" shall mean that portion of a building which is partly or wholly underground and which
has more than one-half of its height (measured from finished floor to finished ceiling) below the
adjacent finished grade.
"CEMETERY" shall mean land set aside to be used for the internment of human remains and
includes a mausoleum, columbarium or other structure intended for the internment of human
remains, as per the Cemeteries Act R.S.O. 1990 or its successor.
"CHIEF BUILDING OFFICIAL" see "BUILDING OFFICIAL, CHIEF".
"CHURCH OR PLACE OF WORSHIP" means the use of lands and buildings set aside by any
religious organization used by any recognized religious organization for public worship, and may
include a rectory or manse, religious hall, day nursery or religious school associated with or
accessory thereto.
"CLINIC" shall mean the use of lands, buildings or part thereof, used exclusively by physicians,
dentists, drugless practitioners, their staff and their patients for the purpose of consultation,
diagnosis and office treatment. Without limiting the generality of the foregoing, a clinic may
include administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies and
dispensaries directly associated with the clinic, but shall not include accommodation for in-patient
care or operating rooms.
"COLUMBARIUM" shall mean a structure designed for the purpose of interring cremated human
remains in sealed compartments.
"COMMERCIAL USE" shall mean the use of lands, structures or buildings for the purposes of
buying or selling commodities and supplying services, but does not include Industrial Uses.
"COMMUNITY FACILITY" shall mean the use of lands and buildings for community activities,
including: government buildings (such as administration offices, court houses, post offices, and
registry offices); cultural facilities (such as libraries, museums, theatres, and civic centres); sports
facilities (such as arenas, race tracks, fair grounds, and stadiums); public service facilities (such
as police halls, fire stations, public works yards and garage); and, institutions (such as schools,
hospitals, and residential care facilities).
"COMPOSTING, PRIVATE" means an accessory use for the storage and decomposing of
household organic materials that was generated on-site, for the fertilizing and conditioning of on-
Township of St. Clair Comprehensive Zoning By-Law
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site soils. The private composting shall ensure that there are no discharges of contaminants that
may contribute to the biological, chemical, physical or aesthetic pollution of land, water or air and
that such use will not interfere with the normal use of any land, building or structure. Such
private composting facility shall not exceed a height of 1.1 metres and a diameter of 3 metres.
"COMPOSTING, COMMERCIAL" means the commercial use of lands, buildings and structures
for the storage and decomposition of organic materials into fertilizer or soil conditioning materials
which may be placed for sale.
"COMPRESSOR STATION" shall mean a facility for raising the pressure of natural gas or similar
hydrocarbons during its movement of natural gas or similar hydrocarbon products back into a
gas/petroleum-bearing underground storage layers(s) for the purposes of commercial storage.
(B/L 28/2012)
"CONCRETE BATCHING PLANT" shall mean an industrial establishment used for the
production of concrete or concrete products used in building or construction and includes facilities
for the administration and management of the business, the stockpiling of bulk materials used in
the production process or a finished product manufactured on the premises and the storage and
maintenance of required equipment.
"CONDOMINIUM" means an individual ownership in a multiple unit dwelling with common
elements in which the unit comprises not only of the space enclosed by the individual dwelling
boundaries, but includes the land within the common element where the common element is
owned by all the owners as tenants in common.
"CONSERVATION" shall mean the use of lands for the sole purpose of enhancing and
protecting the natural environment.
"CO-SUBSTRATE" means storage for containing permitted non-agricultural materials that will be
blended with manure in an on-farm anaerobic digester in order to increase biogas production.
(B/L 24/2011)
"CONTRACTOR'S YARD OR SHOP" shall mean the use of lands, buildings or structures used
for the purpose of storing contractor's equipment and materials or performing shop work or
assembly work by any construction trade or other contractor.
"CONVENIENCE STORE" shall mean a retail store supplying groceries and other daily
household necessities to an immediate surrounding residential area.
"CORPORATION" shall mean a group of people organized as to operate a business, under a
charter granting them as a body some of the legal rights and liabilities of an individual.
"COUNCIL" shall mean the Council of the Corporation of the Township of St. Clair.
"COUNTY" shall mean the Corporation of the County of Lambton.
Township of St. Clair Comprehensive Zoning By-Law
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"COURT OR COURTYARD" shall mean an open, unoccupied space adjoining a building, such
space being bounded on two or more sides by walls of the said building.
"COVERAGE" - see "LOT COVERAGE".
"CREDIT UNION" - see "BANK OR FINANCIAL INSTITUTION"
"CREMATORIUM" shall mean a building fitted with appliances for the purpose of cremating
human remains and includes everything incidental and ancillary thereto.
"CRUSHING PLANT" means an industrial establishment where aggregate is processed through
a crushing and sorting operation into various grades of aggregate.
"CUSTOM WORKSHOP" - Means a building or part thereof used by a trade, craft or guild for the
manufacture in small quantities of made-to-measure clothes or articles, and includes
upholstering, but does not include metals, spinning, wood-working, or factory, otherwise classified
or defined in this By-Law.
"DANGEROUS GOODS" shall mean explosives, flammable or combustible liquids or gases,
toxic substances, radioactive material, corrosives or any other product or substance that is
considered dangerous to life when handled or transported.
"DAY CARE FACILITY" shall mean a dwelling unit that receives individuals for the purpose of
providing temporary care and/or guidance, for a continuous period not exceeding twenty-four
hours.
"DAY NURSERY" shall mean a dwelling unit that receives more than five (5) children who are
not of common parentage, primarily for the purpose of providing temporary care and/or guidance,
for a continuous period not exceeding twenty-four hours, where the children are under eighteen
years of age in the case of a developmental handicap and under ten years of age in all other
cases.
"DECK" means a raised platform without roof or walls which is not part of the principle building
but is considered an accessory structure.
"DERELICT MOTOR VEHICLE" shall mean a motor vehicle is inoperable or does not have valid
license plate sticker.
"DETACHED" means totally separate and in no way connected.
"DINING ROOM" shall mean that part of a restaurant, or other building, which is used for the
consumption of food by persons seated at booths, counters, tables or a combination thereof.
"DRY CLEANING DEPOT" means a building or part thereof for the purposes of receiving articles
of goods of fabric to be subjected, off the premises, to a process of dry cleaning or dyeing. Such a
Township of St. Clair Comprehensive Zoning By-Law
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depot may also be used for pressing and distributing any article of fabric received at such an
outlet.
"DRY CLEANING ESTABLISHMENT" shall mean a building, or part thereof, in which the
business of dry cleaning, dye drying, cleaning or pressing of articles or goods of fabric is carried
on, in which only non-combustible and non-flammable solvents are used, which emits no odours,
fumes, noise or vibration causing a nuisance or inconvenience within or outside the premises. A
dry cleaning establishment may include a self-service dry cleaning establishment.
"DWELLING" shall mean a building occupied or capable of being occupied exclusively as a
home, residence or sleeping place by one or more persons, but shall not include any travel trailer,
hotel, motel, private garage, a home for the aged, nursing home, hospital, or living quarters for a
caretaker, watchman or other person or persons using living quarters which are accessory to a
non-residential use.
"BOARDING HOUSE" shall mean any Building or part thereof in which the proprietor
resides and supplies for hire or gain to not more than six persons exclusive of the leasee
or owner thereof or members of leasee's housekeeping unit, lodging and/or meals, but
shall not include a hotel, motel, hospital, or nursing home.
"CLUSTER HOUSING" means a group or groups of dwelling units which may be in
various forms, and so located on a lot that each dwelling may not have frontage on a
public street and more than one dwelling unit may exist on a lot. cluster housing
development shall have frontage on a public street.
"CONVERTED DWELLING-1" means a lawfully established single detached dwelling that
is altered or converted so as to provide up to a maximum of one additional dwelling unit.
"CONVERTED DWELLING-2" means a lawfully established single detached dwelling that
is altered or converted so as to provide up to a maximum of two additional dwelling units.
"DUPLEX DWELLING" shall mean a dwelling divided horizontally into two (2) separate
dwelling units, each of which has an independent entrance;
"GROUP HOME" means a residential dwelling in which three to ten unrelated residents
live as single housekeeping unit under responsible supervision consistent with the
requirements of its residents. "RESIDENTS" excludes staff. The home is licensed or
approved under Provincial Statute.
"MOBILE HOME, DOUBLE WIDE" shall mean a C.S.A. approved factory built dwelling
occupied or designed for occupancy by one (1) Housekeeping unit on a permanent basis,
towed or designed to be towed in two or more separate sections with each section on its
own chassis and joined together to form one dwelling unit and placed on a permanent
foundation with or without a basement or cellar and connected or designed to be
connected to Public Utilities, but shall not include a single wide mobile home or a travel
trailer.
Township of St. Clair Comprehensive Zoning By-Law
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"MOBILE HOME, SINGLE WIDE" shall mean a C.S.A. approved factory built dwelling
occupied or designed for occupancy by one (1) Housekeeping unit on a permanent basis
having a floor area of not less than sixty-five (65) square metres, designed to be towed on
its own chassis, notwithstanding that its running gear is or may be removed, placed or
designed to be placed on permanent foundations, and connected or designed to be
connected to Public Utilities, but shall not include a double wide mobile home or a travel
trailer.
"MODULAR HOME" shall mean a prefabricated single detached dwelling designed to be
transported once only to a final location and constructed so as the shortest side of such
dwelling is not less than six metres in width.
"MULTIPLE DWELLING" shall mean a building designed as a residence and containing
four or more dwelling units, all of which have access from a common and/or independent
entrances from the outside and may be situated on one lot or over several lots. All of the
units in a "Multiple Dwelling" must be "Dwelling Units", as defined in this By-Law. It shall
not, however, include any other Dwelling otherwise defined herein or specifically named
elsewhere in this By-Law
"PARK MODEL UNIT" means a manufactured building used or intended to be used as a
seasonal recreational building or residential occupancy designed and constructed in
conformance with CAN/CSAZ241 Series M, "park model trailers"
"SEMI-DETACHED DWELLING", shall mean one of a pair of single dwellings, such
dwellings being attached together along a common vertical wall in whole or in part both
above and below grade.
"SINGLE-DETACHED DWELLING" shall mean a detached dwelling on a lot containing
only one (1) dwelling unit and occupied by not more than one (1) housekeeping unit. This
definition shall not include a single wide or double wide mobile home.
"TOWNHOUSE" shall mean the whole of a dwelling divided vertically (vertical wall) into
three (3) or more separate dwelling units, each such dwelling unit having an independent
entrance from outside the building;
"TOWNHOUSE, FREEHOLD" shall mean a townhouse with each dwelling unit on a
separate lot.
"TRIPLEX DWELLING" shall mean the whole of a dwelling divided horizontally into three
(3) separate Dwelling Units, each such dwelling unit having an independent entrance from
the outside or from a common hallway or stairway inside the building.
"DWELLING UNIT" shall mean a suite of two (2) or more habitable rooms, occupied by not more
than one (1) housekeeping unit, in which sanitary conveniences are provided and in which
facilities are provided for cooking or for the installation of cooking equipment, and with an
independent entrance, either directly from outside the building or from a common corridor inside
Township of St. Clair Comprehensive Zoning By-Law
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the building. This definition shall not include a motor home, or a travel trailer or a private garage
unless the private garage is in part or entirely converted to an approved second dwelling unit.
(B/L 11/13)
"DWELLING UNIT AREA" shall mean the habitable area contained within the inside walls of a
dwelling unit, excluding any private garage, carport, deck, patio, porch, verandah, unfinished attic,
cellar or sun room (unless such sun room is habitable in all seasons of the year), and excluding
common hallways, common stairways or other common areas.
"EASEMENT" means a right or privilege that one has over the lands of another, registered on
title to the said lands under the Land Registry Act, R.S.O. 1990, or its successor, and may pertain
to access rights above, below or on the said lands.
"ELECTRIC SHOP" shall mean the use of lands, buildings and structures or a portion thereof,
which is utilized by a professional electrician in the storage of material and supplies for the
business including an office.
"EMERGENCY DISPATCH ESTABLISMENT" shall mean the use of lands, buildings or
structures for the storage, maintenance and dispatching of ambulance, fire, paramedic, police,
marine or air rescue vehicles and which may include amenities for staff.
"EQUIPMENT SALES AND RENTAL" - Means a building or part of a building or structure in
which heavy machinery equipment is offered or kept for rent, lease or hire under agreement for
compensation, but shall not include any other establishment defined or classified in this By-Law.
"ERECT" shall mean to build, construct, reconstruct or relocated and, without limiting the
generality of the word, also includes:
a)
any preliminary operation such as excavation, infilling or draining;
b)
altering any existing building or structure by an addition, enlargement, extension or other
structural change; and
c)
any work which requires a building permit under the Building Code Act, R.S.O., 1990 or its
successor.
"ESTABLISHED BUILDING LINE, FRONT OR STREET" shall mean the average of all the
distance values measured from the front/street property lot line(s) to the closest point of the
existing principle building(s) on one side of one block where more than one-half of the lots having
street access upon the said side or block have been built upon.
In the case of built up areas along the St. Clair Parkway, the average of all the distance values
measured from the front/property lot lines(s) to the closest point of the existing principle
buildings(s) on one side of the street 60 metres from each side of the proposed building lot.
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In the case of detached accessory buildings in built up areas between the St. Clair Parkway and
the St. Clair River, the average of all the distance values measured from the front/property lot
line(s) to the closest point of the existing buildings(s) on one side of the street 60 metres from
each side of the proposed building lot, shall be the Established Building Line, Front for accessory
buildings. Notwithstanding the above, such accessory buildings shall not be closer than 10
metres from the front lot line. (B/L 64/06)
"ESTABLISHED BUILDING LINE, REAR" shall mean the average of all the distance values
measured between the rear lot lines(s) to the closest point of the existing principle building(s) on
one side of one block where more than one-half of the lots having street access upon the side or
block have been built upon.
In the case of built up areas along the St. Clair Parkway and the St. Clair River, the average of
distance values measured between the shortest of the water's edge & the rear lot line to the
existing principle building on one side of the street 60 metres from each side of the proposed
building lot.
On lots east of the St. Clair Parkway, the established building line rear shall mean the average of
distance values measured between the rear lot line(s) and the existing building(s) on one side of
the street 60 metres from the proposed building lot on each side. (B/L 64/06)
"EXISTING" shall mean existing on the date of passing of this By-Law.
"EXTRACTIVE USE" shall mean the use of land and/or buildings or structures for the removal of
gravel, stone, sand, earth, clay, fill, mineral or other similar substance for construction, industrial
or manufacturing purposes; and includes accessory uses. This definition does not include
Resource Extraction.
"FARM" - See "AGRICULTURE".
"FARM IMPLEMENT SALES ESTABLISHMENT" shall mean lands, buildings or structures used
for the display and sales of new and/or used farm implements and includes the servicing, repair,
cleaning, polishing and greasing of farm implements, the sale of accessories and related products
and the leasing or renting of farm implements.
"FARM IMPLEMENT SHED" means a building used for the storage of farm implements, farm
inputs or farm products specifically for the property owner's farm operation and includes the
servicing, repair, cleaning and greasing of farm implements or materials used in the property
owner's farm operation. This building shall not include uses associated with a manufacturing,
contractors yard, truck depot and the like as well as excluding office uses.
"FARM PRODUCE OUTLET" shall mean a use, accessory to a permitted farm, which consists
of the retail sale of agricultural goods produced on the farm where such outlet is located.
Township of St. Clair Comprehensive Zoning By-Law
20
"FINISHED GRADE" shall mean the median elevation between the highest and lowest point of
the finished surface of the ground measured around the perimeter of the base of a building or
structure exclusive of any embankment in lieu of steps.
"FENCE" see the Township of St. Clair fencing By-Law
"FLEA MARKET" means a market held in an open area or in a building or structure where
groups of individual sellers display and offer goods for sale to the public, but does not include a
garage sale.
"FLOOD PLAIN" means the horizontal area bordering a river, stream or watercourse which is
subject to flooding and the limits of such flood plain as defined by the St. Clair Region
Conservation Authority.
"FLOOR AREA, GROSS" shall mean the sum total area of the floors excluding internal parking
areas in the building or buildings on a site measured from the exterior walls or from the centre line
of common walls separating the buildings provided that where the floor area is within a roof
structure without exterior walls the gross floor area shall be the area covered by the roof.
or
in the case of a building other than a dwelling shall mean the aggregate of the area of all floors
devoted to retail sales, customer service and/or office use measured from the outside face of
exterior walls but shall not include storage, mezzanine areas, mechanical rooms, common halls,
stairwells, garbage and electrical rooms, and parking structures.
"FLOOR AREA, GROUND" shall mean the area of a building or structure measured from the
outside of its exterior walls at grade and exclusive of any attached accessory building, terrace,
unenclosed sunroom, porch or verandah.
"FORESTRY" means the use of lands for the growing, maintenance and cultivation of trees for
profit or gain.
"FUNERAL HOME" shall mean a building or structure designed for the purpose of furnishing
funeral supplies and services to the public and includes facilities intended for the preparation of
human remains for interment or cremation.
"FURTHER CONTRAVENE" in reference to a proposed addition to an existing non-complying
building or structure shall mean that any such part of the said addition does not comply with the
required setbacks or any other provisions of the By-Law.
"GARAGE, COMMERCIAL" see "Motor Vehicle Service Establishment"
"GARAGE, PUBLIC WORKS" means a municipal, county or provincial facility used for the
storage of servicing of road construction and maintenance equipment and materials.
Township of St. Clair Comprehensive Zoning By-Law
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"GARAGE, PRIVATE" see "Private Garage".
"GARAGE/YARD SALE" means a sale held by the occupant of a dwelling unit on his own
premises, of household goods belonging to him and not merchandise which was purchased for
resale or obtained on consignment. No person shall conduct more than two garage sales per
calendar year at one location; and, no garage sale shall exceed two days duration.
"GARDEN CENTRE" shall mean the use of lands, buildings or structures for the purpose of
buying, selling and raising plants, shrubs and trees and includes the storage and sale of
accessory products generally used for landscaping and gardening purposes.
"GARDEN SUITE" means a one-unit detached residential structure containing bathroom and
kitchen facilities that is ancillary to an existing residential structure and that is designed to be
portable.
"GAS BAR" means one or more fuel pumps for the sale of motor fuels and related products for
motor vehicles, together with the necessary pump islands, light standards, kiosk, concrete
aprons, regulation of flow and distribution of natural gas.
"GAS COMPRESSOR STATION" means the use of lands, buildings or structures for the
storage, regulation of flow and distribution of natural gas.
"GASOLINE PUMP ISLAND" shall mean that portion of a lot where a pump or pumps used to
transfer fuel from storage tanks to Motor Vehicles are situated.
"GASOLINE RETAIL FACILITY" shall mean premises where the retail sale of fuels or lubricants
for motor vehicles constitutes either the sole use, such as a gas bar, or an accessory use, such
as a gasoline pump island. This definition shall not include an automotive service establishment.
"GOLF COURSE" shall mean a public or private area operate for the purpose of playing golf
including a par 3 golf course but excluding Golf Driving Ranges, Miniature Golf Courses, or
combination thereof.
"GOLF COURSE, MINIATURE" shall mean a use which provides facilities for what is commonly
known as miniature golf but does not includes a Golf Driving Range or a Golf Course as defined
herein.
"GOLF DRIVING RANGE" shall mean a use which provides facilities for the practicing of golf
shots but does not include miniature golf courses or golf courses as defined herein.
"GRADE" - See "FINISHED GRADE".
"GRAIN ELEVATOR" shall mean a building or structure used for the storage and shipment of
grain.
"GROSS VEHICLE WEIGHT" means the total weight in kilograms transmitted to the highway by
a vehicle or combination of vehicles, and load.
Township of St. Clair Comprehensive Zoning By-Law
22
"GROUP HOME" - See "DWELLING".
"HAULAGE BUSINESS" means lands, buildings and structures used for the storage of vehicles
and equipment that are used in the transportation or carrying of material or products.
"HEALTH AND FITNESS ESTABLISHMENT" means a private fitness facility, including uses
such as reducing salons, weight control establishments, exercising rooms and equipment, locker
rooms, jacuzzi, sauna and or pro-shop.
"HOLDING SYMBOL" can be applied to lands to delay their development until specific
conditions have been fulfilled. The Planning Act enables Council to place these restrictions on the
use of land. Holding symbols are depicted by the letter (h) which can be added as a suffix to any
zone symbol. The Council has the authority to remove the (h) symbol once the conditions for the
proper development of the affected land have been achieved.
"HOME FOR THE AGED" shall mean a Home for the Aged established or maintained under the
Home for the Aged and Rest Homes Act, R.S.O., 1990, or its successor, or a Rest Home
established and maintained under the same Act.
"HOME OCCUPATION" shall mean any occupation conducted for gain or profit as an accessory
use within a permitted dwelling or a permitted dwelling unit and shall include a bed and breakfast
establishment. (also see General Provisions)
"HOSPITAL" shall mean any institution, building or other premises or place established for the
treatment of persons afflicted with or suffering from sickness, disease or injury or for the treatment
of convalescent or chronically ill persons which is approved under the Public Hospitals Act,
R.S.O., 1990, or its successor, as a public hospital. This definition shall also include a "Private
Hospital" which shall mean, as defined in the Private Hospitals Act, R.S.O., 1990, or its
successor, a Dwelling in which four (4) or more patients are or may be admitted for treatment.
"HOTEL" shall mean a building in which a minimum of four (4) Guest Rooms is provided for
transient lodgers, without private cooking or housekeeping facilities but which may include dining
and other public rooms, and provided that each Guest Room may only be entered from the
interior of the building and may be licensed by the Liquor Control Board of Ontario. This definition
shall not include a Vacation Farm.
"HOUSEKEEPING UNIT" means one or a group of people under one tenancy agreement with a
single payment, as opposed to a boarding, lodging, or room house, and no occupant has
exclusive possession of any part of the dwelling unit, there are no individual leases and everyone
has equal access to all areas and share areas as in a traditional family. (B/L 11/13)
"INDUSTRIAL USE" means the use of lands, buildings or structures for the purpose of
manufacturing, assembling, processing, preparing, dismantling, finishing, treating, repairing,
warehousing or recovering of articles or substances.
Township of St. Clair Comprehensive Zoning By-Law
23
"INDUSTRIAL USE, TYPE 1" shall mean the use of land, structure or building for light-scaled
industrial uses without outdoor storage, whether or not a finished article results therefrom,
including the repairing and servicing of vehicles and machinery in which the processes carried on,
the material used or stored, the machinery employed, and the transportation of materials, goods
and commodities to and from the premises will not cause injury to or prejudicially affect the
amenity of the locality by reason of the following restrictions:
1.
Water usage being restricted to the provision of employee washrooms, the indirect cooling
and pressure testing of equipment, the cleaning of vehicles and/or equipment and similar
uses ancillary to the manufacturing process.
2.
No effluent discharges or contaminants that may contribute to the biological, chemical,
physical or aesthetic pollution of land, water or air. (No flare stacks)
3.
No emission of sound of which creates more than 2dbA decibels increase in the hourly
sound levels measured in any area, and at any critical time, as designated by a competent
public authority.
"INDUSTRIAL USE, TYPE 2" shall mean a place of business for light to medium-scaled
industrial uses with outdoor storage that will not affect the amenity of the locality and includes the
following. No discharges of contaminants that may contribute to the biological, chemical, physical
or aesthetic pollution of land, water or air; no flare stacks; no noise that will interfere with the
normal use of any land, building or structure; no vibrations perceived off the property; light water
usage and specifically no water for cooling purposes; no odours perceived off the property;
landscaped front yard; and, no dangerous materials which pose a hazard to the public. Type 2
industrial uses may include the repairing and servicing of vehicles and machinery, the storage of
materials used for the on-site industrial operation, and the transportation of materials, goods and
commodities to and from the premises.
"INDUSTRIAL USE, TYPE 3" shall mean a place of business for medium to heavy-scaled
industry or any business or industry which by reason of the process involved or the method of
manufacture or the nature of the material or goods used, produced or stored is likely to cause or
causes by reason of destructive gas or fumes, dust, objectionable odour, noise or vibration, or
unsightly storage of goods, wares, merchandise, waste or other material, a condition which may
be or become hazardous or injurious as regards health or safety or which prejudices the
character of the neighbourhood or interferes with or may interfere with the normal enjoyment of
any land, building or structure. Type 3 industrial uses may include the repairing and servicing of
vehicles and machinery, the storage of materials used for the on-site industrial operation, and the
transportation of materials, goods and commodities to and from the premises. Without limiting the
generality of the foregoing, a type 3 industrial use shall include an electrical generation facility.
"INFILLING, RESIDENTIAL" means the creation of a residential lot between two existing non-
farm residences which are on separate lots of similar size and which are situated on the same
side of a road and are not more than 100 metres apart.
Township of St. Clair Comprehensive Zoning By-Law
24
"INTENSIFICATION, RESIDENTIAL" means the creation of new residential units or
accommodation in existing buildings or on previously developed, serviced land and includes
infilling, accessory apartments and rooming houses.
"INSTITUTIONAL USE" shall mean the use of any land and/or building or part thereof by a
government, educational, charitable or non-profit organization in the carrying out of its function
and without limiting the generality of the foregoing, shall include libraries, firehalls, churches,
hospitals, schools, community centres, private clubs and assembly halls.
"KENNEL" shall mean a building and yard where dogs and/or cats are bred and raised, and are
sold or kept for sale, or boarded.
"LABORATORY" shall mean the use of a building or part thereof for the purposes of scientific or
medical research.
"LANDSCAPING BUSINESS" shall mean the use of lands, buildings or structures for the
purpose of growing trees, shrubs, plants and sod where landscaping and gardening supplies are
kept and may include the storage of necessary machinery and vehicles used in connection with
such a business.
"LANDSCAPED OPEN SPACE" shall mean the open, unobstructed space, on a lot, accessible
by walking from the street on which the lot is located and which is suitable for the growth and
maintenance of grass, flowers, bushes, trees and other landscaping. This definition may include
any surfaced walk, patio or similar area but shall not include any driveway or ramp, whether
surfaced or not, nor any curb, retaining wall, or any parking area; nor any open space beneath or
within a building or structure.
"LANE" shall mean a public thoroughfare which affords only a secondary means of access for
vehicular traffic to abutting lots and which is not intended for general traffic circulation.
"LARGE-SCALE GREENHOUSE" means a building or structure whose roof and sides are made
largely of glass or other transparent or translucent material, in which the temperature and
humidity can be regulated for the cultivation of delicate or out-of-season plants and where the
total land coverage of greenhouses are 2 hectares or greater. (B/L 39/08)
"LARGE-SCALE GREENHOUSE FACILITY" means the use of lands, buildings and structures
where the predominant economic activity involves the growing of plant materials in large-scale
greenhouses for subsequent replanting or sale, and includes the packaging, temporary storage
and shipping of on-site goods but does not include dwellings or on-site residential
accommodations. (B/L 39/08)
"LAUNDROMAT" shall mean an establishment containing one or more washers, and could
include drying, ironing, finishing and incidental equipment, provided that only water, soaps and
detergents are used and provided that no such operation shall emit any noise or vibrations which
cause a nuisance or inconvenience within or without the premises. This definition may include a
self-service dry cleaning establishment.
Township of St. Clair Comprehensive Zoning By-Law
25
"LIBRARY" shall mean a library, branch library or distribution station to which the provisions of
the Public Libraries Act, R.S.O., 1990 or its successor.
"LIQUID PROPANE/LHG RAIL LOADING-DISTRIBUTION FACILITY shall mean the sue of
land, infrastructure and buildings used in transferring liquid propane or liquid hydrocarbon gases
from underground hydrocarbon storage features to rail cars for bulk distribution and accessory
uses shall include a rail marshalling yard, above ground tanks storing liquid propane or liquid
hydrocarbon gases, repair garages and offices for employees of the facility. (B/L 54/10)
"LIVESTOCK" means farm animals kept for use, for propagation, or intended for profit or gain,
and without limiting the generality of the foregoing includes dairy and beef cattle, swine, poultry,
horses, goats, sheep, ratites, fur-bearing animals, deer and elk, game animals, birds and other
animals identified in Appendix "A", Table 1. (B/L 24/2011)
"LIVESTOCK FACILITY" means one or more buildings or structures designed, used or intended
for housing, feeding or keeping livestock including feedlots, anaerobic digesters, manure transfer
facilities and manure storages. Portions not storing manure or not intended or able to be
occupied by livestock are not subject to MDS I or MDS II measurements. (B/L 24/11)
"LIVESTOCK HOUSING CAPACITY" means the number of livestock that can be
accommodated by all livestock facilities on a lot at any one time, including those that are empty
but able to house livestock. (B/L 24/11).
"LOADING SPACE" shall mean an off-street space on the same lot as the building, or
contiguous to a group of buildings, for the temporary parking of a commercial motor vehicle while
loading or unloading merchandise or materials, and which abuts a street, lane or other
appropriate means of access.
"LOT" means a parcel of land within a registered plan of subdivision (but not including plans
deemed not to be registered pursuant to Section 50(4) of the Planning Act, R.S.O 1990) or any
parcel of land that may be legally conveyed where the boundaries of which are recorded in the
Registry Office for the Registry Division of the County of Lambton or a parcel of land described as
a whole registered description by the Condominium Act, except for: a vacant land condominium,
in which a unit is considered to be a lot. (B/L 68/20)
a)
"CORNER LOT" shall mean a lot situated at the intersection of two streets where the
angle of intersection is not more than one hundred and thirty-five degrees.
b)
"INTERIOR LOT" shall mean a lot, abutting upon one street or situated at the intersection
of two streets where the angle of intersection of such streets is more than one hundred
and thirty-five degrees.
c)
"THROUGH LOT" shall mean any lot, having more than one lot line abutting a street that
does not meet the criteria mentioned above.
Township of St. Clair Comprehensive Zoning By-Law
26
"LOT AREA" shall mean the total horizontal area within the lot lines of a lot exclusive of areas
that are covered by a watercourse.
"LOT COVERAGE" means the percentage of the total lot area covered by buildings or
structures, including accessory buildings or structures above finished grade level. "LOT
COVERAGE" shall not include balconies, canopies decks, and overhanging eaves provided none
of the foregoing are less than 2.4 metres above finished grade and private swimming pools.
"LOT DEPTH" shall mean the horizontal distance between the front and rear lot lines. If the front
and rear lot lines are not parallel, "LOT DEPTH" means the length of a straight line joining the
middle of the Front Lot Line with the middle of the Rear Lot Line. If there is no Rear Lot Line,
"LOT DEPTH" means the length of a straight line joining the middle of the front lot line with the
apex of the triangle formed by the side lot lines.
"LOT FRONTAGE" shall mean the horizontal distance between the side lot lines, measured
perpendicularly from a line joining the middle of the front and rear lot lines and at a point thereon,
a distance equal to the minimum front yard depth required by this By-Law. Where there is no rear
lot line, lot frontage shall mean the horizontal distance between the side lot lines, measured
perpendicularly from a line joining the middle of the front lot line with the apex of the triangle
formed by the side lot lines. "Lot Frontage" shall not include the extent to which a lot abuts the
end of a street, other than a street that terminates in a cul-de-sac.
"LOT LINE" shall mean any boundary of a lot or the vertical projection thereof. It shall be
deemed to be two lot lines in cases where a lot line changes by a direction which is less than 135
degrees. It shall be deemed to be one continuous lot line in cases where the change in direction
is greater than 135 degrees.
a)
"FRONT LOT LINE" shall mean in the case of an interior lot, the line dividing the lot from
the street. In the case of a corner lot or through lot, the shorter lot line abutting a street
shall be deemed the front lot line and the longer lot line abutting a street shall be deemed
an exterior side. In the case of a through lot or a corner lot whose exterior lot lines are the
same length, the lot line where the principal access to the lot is provided shall be deemed
to be the front lot line. In case of a lot on an island with no public streets, the lot line
dividing the lot from the main water access shall be deemed the front lot line.
b)
"REAR LOT LINE" shall mean in the case of a Lot having four or more lot lines, the lot
line farthest from and opposite to the front lot line. If a lot has less than four lot lines, there
shall be deemed to be no rear lot line.
c)
"SIDE LOT LINE" shall mean a lot line other than a front or rear lot line.
d)
"EXTERIOR SIDE LOT LINE" on a corner or through lot, means the side lot line which
abuts an open public street.
e)
"INTERIOR SIDE LOT LINE" means the side lot line which does not abut an open public
street.
Township of St. Clair Comprehensive Zoning By-Law
27
"LUMBER YARD" shall mean the use of lands, buildings or structures for the purpose of buying,
selling and storing of wood and wood products and lumber but does not include any
manufacturing or processing uses.
"MANURE STORAGES" as listed in Appendix "A" Table 5, means land, building or structures
designed, used or intended to be used as permanent storages for manure of "digestate"
produced from an anaerobic digester. It does not include manure transfer facilities, anaerobic
digesters or temporary field storages. (B/L 24/11)
"MARINA" shall mean the commercial use of a building or structure or land containing marine
facilities and located on a navigable waterway, where boats and boat accessories are stored,
repaired, serviced or kept for sale or rent and may include facilities for the sale of marine fuels
and lubricants.
"MARINE FACILITY" shall mean a building or structure which is used to place a boat into or take
a boat out of a navigable waterway or used to moor, berth or store a boat accessory to
residential, commercial, institutional or industrial uses. This definition shall not include any
dwelling or habitable room or any boat repair, service or rental facilities.
"MARINE POLLUTION CONTROL CENTRE" shall mean a premise used for the storage and
dispatching of petrochemical spill containment equipment and shall include accessory storage
buildings, marine facilities and office uses.
"MARINE SALES AND SERVICE ESTABLISHMENT" means the use of lands, buildings or
structures for the display and sale of new and or second-hand boats and watercraft, and may
include the servicing, repair and cleaning of such and the sale of accessories and related
products.
MEDICAL MARIHUANA FACILITY" shall mean any lands, building or structure licensed and/or
authorized to possess, sell, provide, ship, deliver, transport, destroy, produce, export and/or
import marihuana for medical purposes, including related research under the Marihuana for
Medical Purposes Regulations or any subsequent legislations (ie. Access to Cannabis for
Medical Purposes Regulations (ACMPR)) under Subsection 55(1) of the Controlled Drugs and
Substances Act or as amended. This facility shall not include a shop for walk-in retail sales. (B/L
9/17)
"MINIMUM DISTANCE SEPARATION" or "MDS" shall mean the setbacks that non-agricultural
uses must meet from livestock facilities (MDS I) and that livestock facilities must meet from non-
agricultural uses (MDS II) as required in Section 5.2 of this By-Law and calculated in Appendix
"A" to this By-Law. (B/L 24/11)
"MOBILE HOME" - See "DWELLING".
"MOBILE HOME LOT" shall mean a parcel of land within a mobile home park occupied by or
intended for occupancy by one double-wide mobile home or one single-wide mobile home
together with all yards and open space required by this By-Law.
Township of St. Clair Comprehensive Zoning By-Law
28
"MOBILE HOME PARK" shall mean a parcel of land containing two or more mobile home lots
and which is under single management and ownership.
"MODULAR HOME" - See "DWELLING"
"MOTEL" means a building in which a minimum of four (4) Guest Rooms is provided for transient
lodgers, without private cooking or housekeeping facilities but which may include dining and other
public rooms, and provided that each Guest Room may only be entered from the exterior of the
building and may be licensed under the Liquor Control Board of Ontario. This definition shall not
include a Vacation Farm.
"MOTOR HOME" shall mean a self-propelled vehicle capable of being used for the temporary
sleeping or eating accommodation of persons.
"MOTOR VEHICLE" shall mean an automobile, motorcycle and any other vehicle propelled or
driven otherwise than by muscular power; but does not include the cars of electric or steam
railways or other motor vehicles running only upon rails, or a motorized snow vehicle, traction
engine, farm tractor, self-propelled implement of husbandry or road-building machine.
"MOTOR VEHICLE, COMMERCIAL" shall mean a motor vehicle having permanently attached
thereto a truck or delivery body and includes ambulances, hearses, fire apparatus, buses and
tractors used for hauling purposes on the highway.
"MOTOR VEHICLE REPAIR ESTABLISHMENT" shall mean a building and/or land used for the
servicing, repair, cleaning, polishing and greasing of motor vehicles and may include vehicular
body repair and re-painting but shall not include any other automotive use defined in this By-Law.
"MOTOR VEHICLE SALES ESTABLISHMENT" shall mean a building and/or land used for the
display and sale of new and/or used motor vehicles and may include the servicing, repair,
cleaning, polishing and greasing of motor vehicles, the sale of automotive accessories and
related products and the leasing or renting of motor vehicles, but shall not include any other
automotive use defined in this By-Law.
"MOTOR VEHICLE SERVICE ESTABLISHMENT" shall mean a building and/or land used for
the sale of fuels for motor vehicles and may include the servicing, repair, cleaning, polishing and
greasing of motor vehicles and the sale of automotive accessories and related products, but shall
not include any other automotive use defined in this By-Law.
"MOTOR VEHICLE WASHING ESTABLISHMENTS" shall mean a building and land used for
the washing or cleaning of motor vehicles by automobile washing equipment with a capacity
greater than five cars per hour, and may include the sale of fuels to motor vehicles, but shall not
include any other automotive use defined in this By-Law.
"MOTOR VEHICLE WRECKING ESTABLISHMENT" shall mean a building and/or lot used for
the wrecking or dismantling of motor vehicles and for the storage and sale of scrap material,
salvage and parts obtained therefrom, but shall not include any other automotive use defined in
Township of St. Clair Comprehensive Zoning By-Law
29
this By-Law. The motor vehicle wrecking establishment must be licensed or recorded by the
Province of Ontario.
"MUNICIPALITY" shall mean the Corporation of the Township of St. Clair.
"MUNICIPAL DRAIN, CLOSED" means "drainage work" as defined by the Drainage Act R.S.O.
1990 or its successor, located entirely within the ground and designed, used or intended for use
for the conveyance of precipitation.
"MUNICIPAL DRAIN, OPEN" means "drainage work" as defined by the Drainage Act R.S.O.
1990, or its successor which includes a drain constructed by any means including the improving
of a natural watercourse and includes the works necessary to regulate the water table within or
on any lands or to regulate the level of the waters of any drain, reservoir, lake or pond and
includes a dam, embankment, wall, protective works or any combination thereof.
"NAVIGABLE WATERWAY" shall mean waterbody deemed as navigable by the Navigable
Waters Protection Act, R.S.C., 1990, or a successor thereof.
"NON-COMPLYING" shall mean a permitted use which does not comply with one or more
provisions of this By-Law for the zone in which such building or structure is located on the date of
passing of this By-Law or amendments thereto.
"NON-CONFORMING" shall mean a lawfully existing use, building or structure prohibited by this
By-Law in the zone in which it is situated
"NON-RESIDENTIAL USE" shall mean any building, structure or part thereof, other than a
dwelling.
"NOTICE" shall mean the formal Notice pursuant to Section 59(2) of the Clean Water Act
regarding: a Notice that a Risk Management Official involvement is not required; or a Notice of
Risk Management Plan is not required, or a Notice that a Risk Management Plan is required.
Where a Notice identifies that a Risk Management Plan is required, such a use is deemed a
prohibited use in an area of significant drinking water threat in the absence of a negotiated risk
management plan pursuant to the Clean Water Act. (B/L 18/17)
"NURSERY" means the use of lands, buildings or structures or part thereof where trees, shrubs,
sod or plants are grown or stored for the purpose of transplanting, for use as stock for building or
grafting or for the purpose of wholesale or retail sale, together with the sale of soil, planting
materials, fertilizers and similar materials and may include the storage of necessary machinery
and vehicles used in connection with such business. Landscaping and garden supplies may also
be kept or be offered for sale or rent.
NURSING HOME" shall mean any premises maintained and operated for persons requiring
nursing care or in which such care is provided to two (2) or more unrelated persons, but does not
include any premises falling under the jurisdiction of The Homes for the Aged and Rest Homes
Township of St. Clair Comprehensive Zoning By-Law
30
Act, R.S.O., 1990, the Private Hospitals Act, R.S.O., 1990, and the Public Hospitals Act, R.S.O.,
1990, or its successor.
"NUTRIENT UNIT" means a measure based on nutrient quantities for comparing sizes of
livestock facilities of differing livestock types as listed in Appendix "A" Table 1. (B/L 24/11)
"OCCUPANCY" shall mean to reside in as owner or tenant on a permanent or temporary basis.
"OCCUPANT LOAD" means the number of persons for which a building or part thereof is
designed.
"OFFICE" means a building or part thereof, designed, intended or used for the practice of a
profession, the carrying on of a business, or the conduct of public administration.
"OIL AND GAS WELL SUPPLY ESTABLISHMENT" shall mean a premise used for the repair,
fabrication, machining, and threading of oil and gas well supplies, the indoor and outdoor storage
of pipes and supplies and accessory office uses.
"OPEN SPACE" means an unoccupied space, open to the sky, except such land used or
required for parking purposes by this By-Law and shall include recreational facilities, landscaped
areas, patios, and walkways.
"OPEN STORAGE" shall mean the storage or display or goods, merchandise or equipment
outside of a building or structure on a lot or portion thereof. Open Storage shall include the
parking of commercial vehicles or vehicles used in construction.
"OUTBUILDING" means a building or structure other than the main building and may include a
garage, garden shed gazebo or any other accessory building.
"OUTDOOR DISPLAY" means an area set aside outside of a building or structure used in
conjunction with a business located within the building on the same property, for the display or
goods.
"PARK" shall mean an area, consisting largely of open space, which may include a recreational
area, playground, playfield or similar use, but shall not include a mobile home park or
campground.
a)
"PUBLIC PARK" shall mean a Park owned or controlled by the Corporation of the
Township of St. Clair or by any Ministry, Board, Commission or Authority established
under any statute of Ontario or Canada.
b)
"PRIVATE PARK" shall mean a park other than a public park.
"PARKING AREA" shall mean an area or structure provided for the parking of motor vehicles
and includes any related aisles, parking spaces or driveways, but shall not include any part of a
street. This definition may include a private garage. (also see General Provisions)
Township of St. Clair Comprehensive Zoning By-Law
31
"PARKING LOT" shall mean any Parking Area other than a parking area accessory to a
permitted use on the same lot.
"PARKING SPACE" shall mean a portion of a parking area, exclusive of any aisles or driveways,
which may be used for the temporary parking or storage of a vehicle. (also see General
Provisions)
"PERMITTED" shall mean permitted by this By-Law only.
"PERSON" shall mean any human being, association, firm, partnership, corporation, agent or
trustee, and the heirs, executors or other legal representative of a person to whom the context
can apply according to law.
"PERSONAL SERVICE SHOP" shall mean an establishment wherein a personal service is
performed. This definition may include a barber shop, a beauty salon, a dressmaking shop, a
shoe repair shop, a tailor shop, a photographic studio or similar use.
"PETROLEUM WELL" shall mean a hole drilled into a geographical formation of Cambrian or
more recent age for the purpose of oil or gas exploration; the storage of oil, gas or other
hydrocarbons; the disposal of oil fluid in a geological formation; solution mining; or, geological
evaluation or testing.
"PETROLEUM WORK" shall mean a pipeline or a well and every part thereof and adjunct
thereto that is used in the drilling for or the production or storage of oil or gas.
"PLACE OF ENTERTAINMENT" shall include an auditorium, billiard room, or video game
arcade, but does not include any place of entertainment or recreational use otherwise defined in
this By-Law.
"PLANTING STRIP" shall mean an area which shall be used for no purpose other than planting
a row of evergreen trees and/or a continuous unpierced hedgerow of evergreens or shrubs, not
less than 1.5 metres high, immediately adjacent to the lot line or portion thereof along which such
planting strip is required herein. The remainder of such planting strip shall be used for no
purpose other than planting shrubs, flowers, grass or similar vegetation.
"PLANTING STRIP WIDTH" shall mean the least horizontal dimension of a planting strip
measured perpendicularly to the lot line adjoining such planting strip.
"PLAYGROUND" means any land used for the purpose of recreation or field games and not
operated for profit.
"PORCH" shall mean a covered entrance to an entrance to a building.
Township of St. Clair Comprehensive Zoning By-Law
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"POULTRY PROCESSING PLANT" means the use of lands, buildings and structures for the
slaughtering, processing, manufacture or packaging of poultry or poultry products and may
include as an accessory use, the wholesale or retail sales of poultry and poultry products.
"PRIVATE BOAT CLUB FACILITY" means a building or part thereof used as a meeting place for
members of a boating organization and may include a clubhouse and docking facilities.
"PRIVATE GARAGE" shall mean an accessory building or portion of a dwelling which is fully
enclosed and used for the sheltering of permitted vehicles and storage of household equipment
incidental to the residential occupancy. This definition shall not include a carport or other open
shelter.
"PRIVATE CLUB" shall mean a building or part of a building used as a meeting place for
members of a chartered organization and may include a lodge, a fraternity or sorority, or a labour
union hall.
"PUBLIC RECREATIONAL USE" shall mean the use of lands and/or Buildings for the purpose
of passive recreation, as defined in this By-Law, owned or controlled by the Corporation of the
Township of St. Clair or by any Ministry, Board, Commission or Authority established under any
Statute of Ontario or Canada.
"PUBLIC USE, NON-RECREATIONAL" shall mean a building, structure or lot used for public
services by the Corporation of the Township of St. Clair or the County of Lambton, any local
board of either the Township or the County, and Conservation Authority established by the
Government of Ontario, any Ministry or Commission of the Government of Ontario or Canada.
"PUBLIC UTILITY" shall mean any water, artificial or natural gas, electrical power or energy,
steam or hot water.
"RAIL MARSHALLING YARD" shall mean the use of lands to store empty rail cars but includes
the shunting of loaded rail tankers within approximately 24 hours or tanker arrival; and includes
rail spurs and associated rail infrastructure. The number of rail cars to be situated on the said rail
marshalling yard shall be limited to 48. (B/L 54/10)
"RECREATION, ACTIVE" shall mean a recreational activity or use with buildings or requires
alteration of soil or topography and includes such activities such as golf courses, playing fields,
and conservation areas involving built structures.
"RECREATIONAL CAMP FACILITY" shall mean the use of lands, buildings and structures for
recreational activities operated by a private organization where children or adults may be
accommodated in sleeping cabins. Other related structures shall include, amongst others, a
recreational hall, a building containing cooking and eating facilities and swimming pools.
"RECREATION, COMMERCIAL" shall mean the commercial use of lands and/or buildings for
the purpose of sport and leisure entertainment and shall include a fitness club, racquet courts,
bowling alley, roller rink and the like.
Township of St. Clair Comprehensive Zoning By-Law
33
"RECREATION, PASSIVE" shall mean an activity or use of land carried out for recreational
purposes which does not require the construction of buildings or the alteration of soil or
topography and includes open space, landscaped areas, conservation or environmental areas.
"RECREATIONAL VEHICLE" means a portable structure or motor vehicle which provides
accommodation for travel, vacation, or recreation and may include the following: a Motor Home
which means a self-propelled recreational vehicle capable of being used for temporary sleeping
and eating accommodations; a Travel Trailer; and, a Truck Camper which means a portable
structure designed to be loaded onto or affixed to the bed or chassis of a truck, constructed to
provide temporary living accommodations.
"RECYCLING DEPOT" shall mean the use of lands, structures or Buildings for the accumulation
and distribution of reusable materials including paper, cardboard, aluminum, steel, plastic and
glass. Storage of such materials after packaging shall be short term until the materials are
shipped out. Open storage areas used in conjunction with a "Recycling Depot" may be used to
store limited quantities of old appliances, rubber tires and constructed materials. On-site
processing of such articles or materials shall be prohibited.
"RENOVATION" shall mean the repair and restoration of lands, buildings or structures to good
condition but shall not include its replacement.
"REPLACEMENT" shall mean the removal and rebuilding, repairing or restoring of more than 25
percent of the total building or structure.
"RESEARCH & DEVELOPMENT ESTABLISHMENT" means the use of lands, buildings and
structures of parts thereof, for the purpose of developing and testing raw materials, processed
products, or chemical and biological products.
"RESIDENTIAL CARE FACILITY" means the use of lands and buildings or portion of a building
other than a Public or Private Hospital with provisions for accommodation and care for persons in
return for compensation.
"RESOURCE EXTRACTION" means the use of lands for the drilling, production from the
ground, and storage of natural gas, brine, or salt but excluding the refining of said products. This
is separate from petroleum well as defined herein.
"RESTAURANT" shall mean a building or part of a building where food is prepared and offered
or kept for retail sale to the public for consumption either on or off the premises and includes such
uses as a cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar,
refreshment room or accessory drive-through window. This definition shall not include a drive-in
restaurant.
"RESTAURANT, DRIVE-IN" shall mean an establishment where food is offered for sale or sold
to the public for consumption, such establishment being designed for consumption of the food
within a motor vehicle.
Township of St. Clair Comprehensive Zoning By-Law
34
"RESTAURANT, DRIVE-THROUGH" means an element of a restaurant use associated with
ordering and serving food and beverages to patrons where they remain in a motor vehicle, and
includes any associated speaker system and order board.
"RESTAURANT - SMALL SCALE" shall mean a building or part of a building where food is
prepared and offered or kept for retail sale to the public for consumption either on or off the
premises but shall not include a drive through. The gross floor area of the use shall not exceed
225 square metres. (B/L 59 of 2022)
"REST HOME" shall mean a rest home established or maintained under the Home for the Aged
and Rest Homes Act, R.S.O., 1990, as amended or its successor.
"RETAIL STORE" shall mean a building or part of a building in which goods, wares,
merchandise, substances, articles or things are offered or kept for retail sale to the public.
"RETAIL WAREHOUSE" shall mean a building or part of a building for the storage and display
of goods, merchandise, or materials and may include the carrying out of commercial transactions
involving the sale of such goods, merchandise or materials by retail sale to the general public.
"RETAIL SALES OR SERVICE AREA" shall mean a floor area where goods and/or services are
made available for sale but shall not include storage.
"RETIREMENT HOME" see Rest Home or Home for the Aged
"RIDING SCHOOL / EQUESTRIAN CENTRE" means the commercial use of lands, buildings
and structures for the instruction of persons in a manner of riding houses and may include the
boarding or stabling of horses.
"ROAD" shall mean a Street as defined in this By-Law.
"SALVAGE YARD" means the use of lands, buildings and structures for the wrecking,
dismantling, storing or selling of second-hand goods, wares, or materials including" but not so as
to limit the generality of the foregoing, bottles, metals, clothing, furniture, paper, machinery,
building materials and vehicles and parts thereof.
"SANITARY SEWER" shall mean a system of underground conduits operated by the
Corporation of St. Clair, another municipality or by the Ministry of the Environment, which carries
sewage to a sewage treatment facility.
"SATELLITE DISH" shall mean any accessory structure designed to receive communications
signals from satellites.
"SAWMILL" means the use of lands, buildings or structures for the purpose of processing logs or
other unfinished wood into lumber, shingles, pallets, sawdust, firewood, or related products.
Township of St. Clair Comprehensive Zoning By-Law
35
"SCHOOL" shall mean a school under the jurisdiction of the Lambton-Kent District School Board,
the St. Clair Catholic District School Board, or a school operated on a non-profit basis and under
charter granted by the Province of Ontario.
"SEAWALL" see "Shoreline Protection"
"SECOND DWELLING UNIT" shall mean an additional dwelling unit pursuant to Subsection
35.1(1) of the Planning Act that is ancillary to the principle dwelling unit within the principle
building or within a private garage where such garage is accessory and ancillary to normal
dwelling uses and directly accessory to the principle dwelling on the same lot. (B/L 11/13)
"SERVICE AND REPAIR SHOP" shall mean an establishment wherein articles of 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 motor vehicles.
"SERVICE SHOP, PERSONAL" see Personal Service Shop
"SERVICE TRADE" shall mean an establishment other than a motor vehicle use, that provides a
non-personal service or craft to the public, including but not necessarily restricted to a printer's
shop, a tinsmith shop, a plumber's shop, a painter's shop, a merchandise service shop, a furrier's
shop, an upholsterer's shop, a bakery, a catering establishment, a machine shop, or a monument
engravers shop.
"SETBACK" shall mean the minimum horizontal distance between a lot line and the nearest part
of any building or structure on the lot or the nearest open storage use on the lot.
"SHOPPING MALL" shall mean an enclosed building containing four or more retail stores and
other uses, conceived, designed, developed, and managed as an independent and inter-related
unit whether by a single owner or tenant or by a group. Said retail stores are connected by a
common interior pedestrian walkway which provides the main point of entry to each retail store.
"SHOPPING PLAZA" shall mean a group of commercial establishments conceived, designed,
developed, and managed as an interdependent and inter-related unit whether by a single owner
or tenant or by a group acting in collaboration where access to each establishment is from an
individual exterior entrance.
"SHORELINE PROTECTION" shall mean a wall constructed of armourstone, sheetpiling
pressure-treated wood, gabion basket or similar material located at the base of the shoreline
bank which provides protection against erosion. In the event of a dispute concerning whether
adequate protection against erosion is provided a qualified engineer shall be consulted.
"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 9 metres from the point of intersection of the street lines (measured along the street line).
Where the two street lines do not intersect at a point, the point of intersection of the street lines
Township of St. Clair Comprehensive Zoning By-Law
36
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 a name, identification, description, device, display or illustration which is
affixed to or represented directly or indirectly upon a building, structure or lot which directs
attention to an object, product, place, activity, person, institute, organization or business.
"SITE PLAN" means a scaled drawing showing the relationship between the lot lines and their
uses, buildings, and structures existing and/or proposed on a lot, including such details as parking
areas, access points, landscaped areas, building areas, setbacks from lot lines, building heights,
floor area, densities, septic tank and tile fields, utility lines, and currents.
"SPECIAL NEEDS FACILITY" shall mean premises that receives special needs or
developmentally challenged persons who are not of common parentage, primarily for the purpose
of providing temporary care and/or guidance, for a continuous period not exceeding twenty-four
hours.
"STACKED PARKING" does not mean a parking space for the purposes of this By-Law but
refers to the vehicular space required to queue up for a drive-through facility. A single stacked
parking space located in the drive-through lane shall be 6 metres long by 2.7 metres wide.
"STOCK YARD" means the use of land, buildings and structures for the temporary containment
of livestock.
"STOREY" shall mean that portion of a building or structure between any floor level of such
building and the floor, ceiling or roof next above such floor level. In the case of a dwelling, this
definition shall not include:
a)
an Attic, is such attic contains no habitable rooms; or
b)
a Basement, if such basement contains no habitable rooms; or
c)
a Cellar.
"STOREY, ONE-HALF" shall mean that portion of a building situate wholly or partly within the
roof and in which there is sufficient space to provide a height between finished floor and finished
ceiling of at least 2.29 metres over a floor area equal to at least 50% of the area of the floor next
below.
"STORM SEWER" shall mean a pipe or conduit located entirely within the ground and designed,
used, or intended for use for the conveyance of precipitation.
"STREET" shall mean a public thoroughfare which has been constructed in such a manner so as
to permit its use by normal vehicular traffic, which is open on a year-round basis and which is
under the jurisdiction of either the Corporation of the Township of St. Clair, the County or the
Province of Ontario. This definition shall not include any lane or private right-of-way.
Township of St. Clair Comprehensive Zoning By-Law
37
"STREET ACCESS" shall mean, when referring to a lot, that such lot has a lot line or portion
thereof which is also a street line.
"STREET LINE" shall mean the limit of the street allowance and is the dividing line between a lot
and a street.
"STRUCTURE" shall mean anything that is erected, built or constructed of parts joined together
or requiring a foundation to hold it erect, but shall not include free standing walls and fences.
"SWIMMING POOL, PRIVATE" shall mean a structure located on privately owned property,
used and maintained for the purpose of swimming or wading.
"TAVERN" means an establishment operation under the Liquor Licenses Act, R.S.O., 1990 or its
successor, where alcoholic beverages are sold to be consumed on the premises and may or may
not include the preparation and sale of food to the public for consumption on the premises.
"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.
"TENT" includes every kind of temporary shelter for sleeping that is not permanently affixed to
the site and is capable of being easily moved and is not considered a structure, a vehicle or a
trailer.
"TENT AND TRAILER CAMPSITE AREA" means the total horizontal area within the boundary
of the campsite.
"TENT AND TRAILER CAMPSITE FRONTAGE" means the width of the campsite between the
side lines of the site measured along a line at right angle to the centre line of the campsite with
the front of the site being that point at which primary vehicular or pedestrian access is provided to
the site.
"THEATRE" means a building or part thereof, used for the presentation of the performing arts.
"THEATRE, DRIVE-IN" means the use of lands, buildings or structures for the purpose of the
outdoor showing of motion pictures in consideration of payment.
"TILLABLE HECTARES" means the total area of land including pasture that can be worked or
cultivated.
"TOP-OF-BANK" means a line delineated at a point where the oblique plane of the slope
associated with a watercourse, meets the horizontal plane.
"TOWNHOUSE" See "DWELLING"
"TRACK, RACE" means a private course or line of motion laid out on the surface of the land
used for the competition of automobile races, motorcycle races, snowmobile races or other
Township of St. Clair Comprehensive Zoning By-Law
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motorized vehicles or the testing or recreational driving of motor vehicles; however, this definition
shall not include venues used for sanctioned motorized vehicle events that are held within a
community fairground or an appropriately zoned, temporary-events venue (such as the Brigden Pull
and Shine). This definition shall not include trails used for hiking, horseback riding, cross-country
skiing or running or other forms of non-motorized travel.
"TRAVEL TRAILER" shall mean a structure or vehicle designed, intended and used exclusively
for travel, recreation and vacation and which is either capable of being drawn by a passenger
vehicle or is self-propelled, and shall include tent trailers, vans, motor homes and similar
transportable accommodation excepting a single or double wide mobile home.
"TRAVEL TRAILER SALES ESTABLISHMENT" shall mean land and/or building used for the
display for sale of travel trailers and includes the servicing, repair, cleaning, polishing and
greasing of such vehicles and the sale of accessories and related products and the leasing or
renting of such vehicles, but does not include an automotive sales establishment as defined in
this By-Law.
"TRUCK TRANSPORT TERMINAL" shall mean a building, structure, or lot used for the parking,
repairing, or dispatching of commercial motor vehicles or trailers.
"TYPE A LAND USES" includes industrial except landfill or Type 3 Industrial uses or zones,
agricultural commercial and passive recreation uses and/or zones permitting such uses. For the
purposes of MDS I, a dwelling or a non-agricultural lot creation up to three new non-agricultural
lots are also Type A land uses. For the purposes of MDS II, Dwellings on separate lots zoned
agricultural, non-farm residential, agricultural or rural cemeteries located in an Agricultural Zone
are also Type A Uses. (B/L 24/11)
"TYPE B LAND USES" includes institutional, settlement uses, active recreation and non-farm
related commercial uses and/or zones permitting such uses. For the purposes of MDS I,
cemetery expansion, erecting a building with three or more dwelling units, expansion of a
settlement area or residential cluster, more than three new non-agricultural lots, zones for
residential use, or a consent that would result in four contiguous residential lots are also Type B
land uses. For the purposes of MDS II, cemeteries not in an agricultural zone and areas
specifically designated in the Township Official Plan as residential or settlement areas are also
Type B land uses. (B/L 24/11)
"USE" when used as a noun, shall mean the purpose for which a lot, building or structure, or any
combination thereof is designed, arranged, occupied or maintained. "USES" shall have a
corresponding meaning.
"UTILITY SERVICE BUILDING" shall mean a building used in connection with the supplying of
Public Utilities including a water and sewage pumping station, a water storage reservoir, a gas
regulator building, a hydro sub-station, a telephone exchange building or similar buildings.
"VACATION FARM" is a privately owned, active agricultural operation which provides guests
with temporary sleeping and eating accommodations as well as providing rural, vacation
Township of St. Clair Comprehensive Zoning By-Law
39
activities. Notwithstanding any other definitions to the contrary, sleeping accommodations will be
restricted to not more than 4 guest rooms (not including the owner's family bedrooms) within the
existing farm dwelling without changing the character of the main use of the dwelling as a private
residence. In addition, no person, other than a member of the family shall be employed in the
farm vacation operation; there shall be no external display other than a non-illuminated sign no
larger than 3 square metres; each guest room has a minimum of 10 square metres of floor area;
no food or drink is offered or kept for sale for persons who are not overnight guest; and, in private
service areas the proposed use must be approved under Part 8 of the Ontario Building Code.
"VEHICLE" shall mean an automobile, a boat, a commercial motor vehicle, a farm implement, a
motorcycle, a snowmobile or a travel trailer.
"VETERINARY ESTABLISHMENT" means the use of lands, buildings or/and structures under
the control and supervision of a veterinarian registered under the Veterinarian Act or its
successor, where animals and birds are given medical treatment or care but there are no outdoor
kennels.
"VIRTUAL REALITY FACILITY" shall mean a building, or part thereof, used for simulations for
commercial recreational purposes and may consist of interactive computer-generated
experiences taking place within an indoor simulated environment that incorporates mainly
auditory and visual, but may also include other types of sensory feedback. This immersive
environment can be similar to the real world or it can be fantastical, creating an experience that is
not possible in ordinary physical reality. (B/L 42/18)
"WALL, MAIN" shall mean an outside wall of a building that supports a roof and shall include a
wall under a gable end.
"WAREHOUSE" shall mean a building and/or enclosed structure intended to be used for the
storage and display of goods, merchandise or materials, and may include the carrying out of
commercial transactions involving the sale of such goods, merchandise and materials by
wholesale.
"WASTE DISPOSAL SITE" shall mean: (a) any land upon, in or through which, or building or
structure in which, waste is deposited, disposed of, handled, stored, transferred, treated or
processed; or, (b) any operation carried out or machinery or equipment used in connection with
the depositing, disposal, handling, storage, transfer, treatment or processing referred to a clause
in (a).
"WATERCOURSE" shall mean a lake, river, stream, canal, or drain provided such feature
contains water or flow for 6 months of the year.
"WAYSIDE PIT" or "WAYSIDE QUARRY" means a temporary pit or quarry opened and used
by a public road authority solely for the purpose of a particular project or contract of road
construction and not located on the road right-of-way.
Township of St. Clair Comprehensive Zoning By-Law
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"WHOLESALE USE" means any establishment which sells merchandise to others for resale and
or to industrial or commercial users.
"YARD" shall mean a space, appurtenant to a building or structure, located on the same lot as
the building or structure, and which space is open, uncovered and unoccupied from the ground to
the sky except for such accessory buildings, structures or uses as are specifically permitted
elsewhere in this By-Law.
a)
"FRONT YARD" shall mean a yard extending across the full width of the lot between the
front lot line of the lot and the nearest part of any building or structure on the lot, or the
nearest open storage use on the lot.
b)
"FRONT YARD DEPTH" shall mean the least horizontal dimension between the front lot
line of the lot and the nearest part of any building or structure on the lot, or the nearest
open storage use on the lot.
c)
"REAR YARD" shall mean a yard extending across the full width of the lot between the
rear lot line and the nearest part of any building or structure on the lot, or the nearest open
storage use on the lot.
d)
"REAR YARD DEPTH" shall mean the least horizontal dimension between the rear lot
line of the lot and the nearest part of any building or structure on the lot, or the nearest
open storage use on the lot.
e)
"SIDE YARD" shall mean a yard extending from the front yard to the rear yard and from
the side lot line of the lot to the nearest part of any building or structure on the lot, or the
nearest open storage use on the lot. In the case of a lot which has no rear lot line, the side
yard shall extend from the front yard to the opposite side yard.
f)
"SIDE YARD WIDTH" shall mean the least horizontal dimension between the side lot line
of the lot and the nearest part of any building or structure on the lot, or the nearest open
storage use on the lot.
g)
"EXTERIOR SIDE YARD" shall mean a side yard immediately adjoining a street.
h)
"INTERIOR SIDE YARD" shall mean a side yard other than an exterior side yard.
i)
"REQUIRED YARD" shall mean a yard with the minimum front yard depth, rear yard
depth, or side yard width required by the provisions of this By-Law. A required side yard
shall extend from the required front yard to the required rear yard, or in the case of a lot
which has no rear lot line, the required side yard shall extend from the required front yard
to the opposite required side yard.
"ZONE" shall mean a designated area of land use shown of Schedule 'A' hereto.
Township of St. Clair Comprehensive Zoning By-Law
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Township of St. Clair Comprehensive Zoning By-Law
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Township of St. Clair Comprehensive Zoning By-Law
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Township of St. Clair Comprehensive Zoning By-Law
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SECTION 3 - ZONES, ZONE SYMBOLS & ZONE MAPS
3.1
ESTABLISHMENT OF ZONES
For the purpose of this By-Law the Township of St. Clair is divided into the following
defined areas herein referred to as Zones:
Section
Zone
Symbol
5.1
Agricultural-1
A1
6.1
Residential-1
R1
6.2
Residential-2
R2
6.3
Residential-3
R3
6.4
Residential-4
R4
6.5
Residential-5
R5
6.6
Residential-6
R6
7.1
Suburban Residential
RS
8.1
Institutional-1
I1
9.1
Central Commercial
C1
9.2
Highway Commercial
C2
9.3
Agricultural Commercial
C3
9.4
Waterfront Commercial
C4
9.5
Neighbourhood Commercial
C5
10.1
Industrial Type 1
M1
10.2
Industrial Type 2
M2
10.3
Industrial Type 3
M3
10.4
Waste Disposal Industrial
M4
10.5
Agricultural Industrial
M5
11.1
Environmental Protection - Hazard
EP-H
11.2
Environmental Protection - Wetland
EP-WET
11.3
Environmental Protection - Woodlot
EP-WD
11.4
Environmental Protection - Natural
EP-N
12.1
Open Space - 1
OS1
12.2
Open Space - 2
OS2
13
Future Development
FD1
3.2
USE OF SYMBOLS
The symbols listed in Subsection 3.1 may be used to refer to any of the uses of land,
Buildings and Structures permitted by this By-Law in the said Zones and whenever in this
By-Law the word "Zone" is used, preceded by any of the said symbols, such Zone shall
mean any area delineated on the Zoning Maps and designated thereon by the said
symbol.
Township of St. Clair Comprehensive Zoning By-Law
48
3.3
THE USE OF THE HOLDING (h) SYMBOL
Where a holding symbol is added as a suffix to any zone category, development within
the area affected cannot proceed until the conditions specified in the provisions have
been fulfilled. Council will remove the (h) Holding Provisions once the conditions
restricting development have been satisfied.
3.4
APPLICATION OF ZONES
No Person shall, within any of the Zones defined in the By-Law and delineated on the
Zoning Maps hereto appended, erect or use any Building or Structure, or use any land in
whole or part except in such manner and for such purposes as are set forth in this By-
Law.
3.5
INCORPORATION OF ZONING MAP
The location and boundaries of the Zones established by this By-Law are shown on the
Zoning Map hereto appended as Schedule "A" are hereby incorporated in and declared to
form part of this By-Law.
3.6
INTERPRETATION OF ZONING MAP
Where uncertainty exists with respect to the boundaries of the various Zones as shown
on the Zoning Maps, the following provisions shall apply:
a)
Street, Lane, Right-of-Way, or Watercourse
Unless otherwise shown, a Street, Lane, railway Right-of-Way, electrical transmission line
Right-of-Way, creek or watercourse shall be included within the Zone of the adjoining
property on either side thereof and where such Street, Lane, Right-of-Way, creek or water
course serves as a boundary between two or more different Zones, the centre line of such
Street, Lane, Right-of-Way, creek or watercourse extending in the general direction of the
long dimension thereof, shall be deemed to be the boundary between Zones.
b)
Lot Lines
Where any Zone boundary is not shown to be a Street, Lane, Right-of-Way, creek or
watercourse, and where the boundary approximately follows lot lines, such lot lines shall
be deemed to be the Zone boundary.
c)
Closed Street, Lane or Right-of-Way
In the event a Street, Lane or Right-of-Way and the limits of any portion thereof is closed,
the property formerly within such Street, Lane or Right-of-Way shall be included within the
Zone adjoining the property, and where such Street, Lane, or Right-of-Way was a Zone
Township of St. Clair Comprehensive Zoning By-Law
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boundary, the new Zone boundary shall be the former centre line of the closed Street,
Lane or Right-of-Way.
d)
Conservation Authority Fill & Construction Lines
Certain lands exhibiting natural hazards and natural heritage features within the
Municipality are subject to Conservation Authority Regulations. Where any Zone boundary
is shown as following the limits of a Conservation Authority Regulated area, the Zone
boundary shall be deemed to correspond with the limits of such Regulated area. In the
event that an application is made to, and approved by, the Conservation Authority for a
permit pursuant to their Development Regulations, the delineated lands as identified in
such issue for which such permit is issued shall be deemed to be included within the same
Zone as the adjoining non-Regulated lands, subject to appropriate study.
e)
Scale From Zoning Map
Where any Zone boundary is left uncertain after application of the provisions of Section
3.6, subsections a), b) c) and d), of this By-Law, then the boundary shall be determined
by scale from the zoning maps to the centre of the Zone boundary line.
3.7
INCORPORATION OF TABLE "A"
The site regulation provisions of the Zones established by this By-Law are shown on the
chart hereto appended as Table "A" and are hereby incorporated in and declared to form
part of this By-Law.
3.8
INCORPORATION OF APPENDIX "A"
The site regulations of the Minimum Distance Separation (I and II) are hereto appended as
Appendix "A" and are hereby incorporated in and declared to form part of this By-Law.
Township of St. Clair Comprehensive Zoning By-Law
50
SECTION 4 - GENERAL PROVISIONS
4.1
USES PERMITTED IN ALL ZONES
The following uses are permitted in all zones within the Corporation of the Township of St.
Clair.
4.1.1 Public Services
Despite any other provisions of this By-Law, the County of Lambton, the
Corporation of the Township of St. Clair, the St. Clair Region Conservation
Authority and any Ministry of the Government of Canada or Province of Ontario
may for the purpose of public service, use any land or any building or structure in
any zone in spite of the fact that such use of any building or structure does not
conform with the provisions of this By-Law for such zone.
4.1.2 Utilities and Essential Services
This By-Law permits the use of lands, buildings or structures in any zone for the
provision of essential services, utilities or drainage work by the Township, County,
Conservation Authority or any telephone, telegraph, cable television, natural gas,
energy or electricity company provide that:
a)
buildings or structures are. designed and maintained in general harmony
with the buildings and structures permitted within the zone in which it is
located in;
b)
such building or structure (not including those directly used in the movement
of a public utility commodity such as a conduit) shall comply with the
setback, lot coverage and open space regulations of that zone; and
c)
there shall be no external outside storage of goods, materials or equipment
in any residential zone.
4.1.3 Public Recreational Uses
Parks, Community Facilities and golf courses operated by or for the Township of St.
Clair including uses accessory thereto.
4.1.4 Construction Uses
A temporary construction or work camp, tool shed, scaffold, or other building or
structure incidental to and necessary for the construction work on the premises, but
only for so long as such use, building, or structure is necessary for such
construction work which has not been finished or abandoned.
Township of St. Clair Comprehensive Zoning By-Law
51
4.1.5 Pipelines
Nothing in this By-Law shall prevent the use of any land for any gas, oil, brine or
other liquid or gaseous product transmission or distribution pipeline and
appurtenance thereto.
4.1.6 Petroleum Well and Petroleum Work
Nothing in this By-Law shall prevent the use of any land for any "Petroleum Well",
"Petroleum Work" or "Brine Extraction" and accessory uses subject to the
regulations of the Oil, Gas and Salt Resources Act, R.S.O. 1990 or its successor.
4.2
USES PROHIBITED IN ALL ZONES
Unless specifically permitted in this By-Law, all uses, including the following uses, are
specifically prohibited and shall be permitted only by amendment to this By-Law:
(a)
Offensive industrial uses including the boiling of blood, tripe or soap, tanning
of hides and skins and other similar uses may be declared by the local
Board of Health or Council to be a noxious or offensive trade, business or
manufacture.
(b)
The operation of year-round, privately-owned travel trailer campgrounds or
privately-owned tent and trailer campgrounds, but not including the
operation of mobile home parks as defined in this By-Law.
(c)
A mobile home in any zone other than a zone which specifically permits a
mobile home park as defined in this By-Law.
(d)
Salvage Yard or Motor Vehicle Wrecking Yard.
(e)
The outdoor keeping or storage of any derelict motor vehicle.
(f)
A track for the racing or testing of automobiles, snowmobiles, motorcycles or
any motorized vehicle.
(g)
Adult Entertainment Parlour.
4.2.1 Uses Prohibited in Areas of Significant Drinking Water Threat (IPZ3 or EBA) as
identified on Schedule B: (B/L 18/17)
(a)
Any use involving fuel handling or fuel storage greater than 34,000 litres
without a "notice" from the risk management official office; or
(b)
Any use involving the handling of fertilizer that could exceed 124,000
kilograms without a "notice" from the risk management official office.
Township of St. Clair Comprehensive Zoning By-Law
52
4.3
ACCESSORY USES
4.3.1 Uses Permitted
Where this By-Law provides that land may be used for a building or structure or may be
erected or used for a purpose, that purpose shall include any accessory building, structure
or use, but shall not include any of the following uses:
(a)
any occupation for gain or profit conducted within or accessory to a dwelling
unit; nor
(b)
any building used for human habitation except for a second dwelling unit
approved by the municipality/building inspector.
4.3.2 Structures and Uses Permitted in all Yard Setbacks
Despite any other yard provisions of this By-Law, drop-awnings, flag-poles, garden
trellises, fences, retaining walls, legal signs, legal septic systems or similar
accessory uses shall be permitted in any yard.
4.3.3 Yards
All accessory uses shall comply with the yard provisions of the zone in which such
accessory use is located, except that in any (Residential) R or RS Zone, an
accessory use shall comply with the following provisions:
(i)
an accessory building or structure, which is not attached to the main
building, shall not be erected in any yard other than the interior side yard or
rear yard except where the residential property abuts the St. Clair River, the
North Sydenham River, the Chenal Ecarte or its abutting canals, the
accessory building or structure may be permitted in the front yard.
Notwithstanding the above clause, a detached accessory building greater
than 67 square metres on lots abutting the St. Clair River or its abutting
canals shall not be located in the front yard or the yard abutting the
watercourse. (B/L 56/07)
(ii)
No detached accessory building (not including a deck) shall be located
closer than 1.2 metres to the main building on the same lot.
(iii)
An attached-accessory building or structure may be erected in a front yard or
exterior side yard provided it is not located in a required yard and provided
that it is constructed of the same type of material as the main building and is
of similar design.
Township of St. Clair Comprehensive Zoning By-Law
53
(iv)
When an accessory building or structure is located in an interior side yard, it
shall be no closer than 1 metre to the interior side lot line except where a
mutual private garage is erected on the common lot line between two lots, in
which case no interior side yard is required. A deck that is not accessed on
the ground storey shall apply to the setbacks of the principle use.
Notwithstanding the above clause, a detached accessory building greater
than 67 square metres shall be located no closer than 3 metres from the lot
line. (B/L 56/07)
(v)
When an accessory building or structure is located in the rear yard, it shall
be no closer than 1 metre to the rear lot line. A deck that is not accessed on
the ground storey shall apply to the setbacks of the principle use.
(vi)
In cases along the St. Clair River or the Chenal Ecarte, where an accessory
building or structure is located in the front yard, it shall be no closer to the
street than the established building line and where there is no established
building line, the accessory building or structure shall be a minimum of 30
metres from the front lot line.
(vii)
No accessory building shall be located closer to the exterior side lot line than
the exterior side yard setback required for the zone in which each lot is
located.
4.3.4 LOT COVERAGE AND HEIGHT (B/L 56/07)
(a)
The total lot coverage of all (detached and attached) accessory uses on a
lot in any Residential (R1, R2, R3...) Zone shall not exceed 10% of the lot
area to a maximum of 67 square metres, nor shall the height of any
detached accessory building exceed 5 metres. For the purposes of this
provision, the height of the detached accessory building or structure shall
be measured from the finished grade to the highest point of the building or
structure. A rural residential use shall be a lot zoned A1-R or A1 (with or
without exceptions numbers) that is less than 2 hectares in area used for a
single-detached residence but shall not include lands zoned A1-R1.
(B/L 55/07)
(b)(i)
The total lot coverage of all (detached and attached) accessory uses on a
lot in any Suburban Residential (RS-1, RS-2, RS-3...) Zone or any Rural
Residential use shall not exceed 10% of the lot area to a maximum of 186
square metres, nor shall the height of any detached accessory building
exceed 5 metres. For the purposes of this provision, the height of the
detached accessory building or structure shall be measured from the
finished grade to the highest point of the building or structure.
Township of St. Clair Comprehensive Zoning By-Law
54
(b)(ii) All detached accessory buildings on a lot zoned Suburban Residential or
Rural Residential uses shall be limited to only one storey, and shall be
(subordinate) smaller than the ground floor area of the principle use.
(b)(iii) All detached accessory buildings on a lot zoned Suburban Residential or on
a Rural Residential lot shall be normal and incidental to a residential use on
the same lot and shall not be considered an accessory building if there are
commercial/industrial activities therein including the warehousing of items
used in a business or parking of vehicles used in a business.
(b)(iv) All detached accessory buildings on a lot zoned Suburban Residential or on
a Rural Residential lot shall not be a nuisance in terms of emissions or
noise, (no noise sounds greater than 2dbA increased in the hourly sound
levels measured in any area, and at any critical time, as designated by a
competent public authority).
4.3.5 PRIVATE SWIMMING POOLS AND DECKS
A private swimming pool or deck shall not be considered as part of the lot
coverage. Fences surrounding private swimming pools shall comply with the By-
Laws of the Corporation of the Township of St. Clair regulating such fences.
4.3.6 BOAT DOCKS AND LIFTS
(a)
Private Boat Docks and Private Boat Lifts shall be considered as accessory
uses in conjunction with a residential dwelling and permitted in the
Environmental Protection - Hazard Zone with appropriate federal and
provincial approvals.
(b)
Only one boat dock/ lift shall be permitted per lot.
(c)
A boat dock or lift shall have a minimum setback of 2.45 metres measured
from the projection of the Side Lot Lines into the watercourse.
(d)
Along the St. Clair River, accessory boat docks and lifts shall meet the
following:
(i)
such use is accessory to a single detached residential lot
either on-site or directly across the St. Clair Parkway on the
east side; and
(ii)
such lot, located on the west side of the St. Clair Parkway, has
attached to it a water Lot and/or an area of river bottom for
which a license of occupation has been issued by the Ministry
of Natural Resources to the Owner and any appropriate
Township of St. Clair Comprehensive Zoning By-Law
55
approvals from the Coast Guard-Department of Fisheries and
Oceans or their designated agent.
(e)
No Industrial Dock shall be constructed in front of an Existing
Dwelling.
4.3.7 MANURE STORAGE AREAS
A liquid manure storage area shall be fenced. Fences surrounding manure
storage areas shall comply with the By-Laws of the Corporation of the
Township of St. Clair regulating such fences.
4.4
HEIGHT RESTRICTIONS
(a)
The height provisions of this By-Law shall not apply to the following:
air conditioning works, radio antennas, television antennas, bridges, church spires,
belfries, cupolas, elevators, light standards, staircases, chimneys, smokestacks,
ventilators, skylights, water tanks, bulkheads, firewalls, farm buildings, flag poles,
grain elevators and;
any feature necessary for mechanical appurtenances accessory to the building on
which they are erected provided the feature is erected only to the height necessary
to accomplish their purpose.
(b)
The height provisions of this By-law shall not apply to the following in industrial
zones:
Petrochemical processing vessels, equipment and structures which would include
boilers, heaters and associated infrastructure, cooling towers,
distillation/fractionation towers, reforming processes, vessels for hydrolysis,
rehydration or extrusion/stripper towers, silos, packed beds, reactors or other
petrochemical structures and the like. (B/L 49/17)
4.5
NON-CONFORMING USES
This By-Law acknowledges that Section 34(9) of the Planning Act, R.S.O.1990 or its
successor, provides that "no By-Law passed under this section applies:
(a)
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 for such purpose on
the day of the passing of the By-Law, so long as it continues to be used for that
purpose; or
(b)
to prevent the erection or use for a purpose prohibited by the By-Law of any
building or structure for which a permit has been issued under Section 5 of the
Building Code Act, R.S.O. 1990, or its successor, prior to the day of the passing of
the By-Law, so long as the building or structure when erected is used and
Township of St. Clair Comprehensive Zoning By-Law
56
continues to be used for the purpose for which is was erected and provided the
permit has not been revoked under Section 6 of the Building Code Act, R.S.O.
1990, or its successor.
Furthermore, Section 34(10) of the Planning Act, R.S.O 1990, or its successor provides as
follows:
Despite any other provision of Section 34 of the Planning Act, any By-Law passed
may be amended so as to permit the extension or enlargement of any land, building
or structure used for any purpose prohibited by the By-Law if such land, building or
structure continues to be used in the same manner and for the same purpose as it
was used on the day such By-Law was passed.
No new non-conforming buildings will be permitted to a non-conforming use and no
increase in lands will be permitted to a non-conforming use without an amendment or
variance to this By-Law.
4.6
RESTORATION OF NON-CONFORMING USES
(a)
Where in any Zone, a building or structure exists as a legal non-conforming use
and the said building or structure is destroyed by fire or natural disaster, this By-
Law does not prevent the reconstruction of said building or structure to its prior
dimensions at its exact prior location. Should the exact prior location be impossible
to build upon for legal, technical or insurance reasons, then the location may be
adjusted only to the extent necessary to overcome such reasons.
(b)
Nothing in this By-Law shall prevent the strengthening or restoration to a safe
condition of any non-conforming use, building or structure provided that such repair
or restoration will not increase the height, size or volume or change the use of such
building or structure or constitute a replacement.
4.7
NON-COMPLYING BUILDINGS OR STRUCTURES
(a)
Rebuilding or Repair Permitted
Where in any zone, a non-complying use, building or structure is destroyed by fire
or natural disaster, such non-complying building or structure shall be reconstructed
in compliance with this By-Law unless it is not possible for legal, technical or
insurance reasons. In such case, the reconstruction shall comply as close as
possible with the By-Law and if this is not possible due to legal, technical or
insurance reasons, the non-complying use, building or structure may be
reconstructed to its prior dimensions at its exact prior location.
Township of St. Clair Comprehensive Zoning By-Law
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(b)
Strengthening to a Safe Condition
Nothing in this By-Law shall prevent the repair or restoration to a safe condition of
any non-complying building or structure provided that such repair or restoration
does not further contravene any of the provisions of this By-Law.
(c)
Additions and Accessory Uses Permitted
(i)
Nothing in this By-Law shall prevent an addition to a non-complying use,
building or structure, provided that such addition does not further contravene
any of the provisions of this By-Law.
(ii)
Nothing in this By-Law shall prevent the erection or enlargement of
buildings, structures and uses accessory to a non-complying use, building or
structure, provided that such erection or enlargement does not further
contravene any of the provisions of this By-Law.
(d)
Recognition of Non-Complying Buildings and Structures
Notwithstanding any other provisions of this By-Law and any predecessors thereto,
where a building or structure was established prior to April 21, 2003 and the use of
such building or structure is a permitted use by the provisions of the zone in which it
is located but does not meet the zone regulations with respect to lot area, lot
frontage, separation distance, setbacks, landscaped open space and lot coverage
for that zone, the said building or structure shall be deemed to comply with this By-
Law provided that:
(a)
Any future enlargement, extension, reconstruction, repair or renovation does
not further contravene the compliance of the building or structure with any of
the provisions of this By-Law to which is does not comply; and
(b)
All other applicable provision of this By-Law are complied with.
Notwithstanding any other provisions to this By-Law, the intent of minor variances
approved since January 1, 1996 shall be deemed to conform with this By-Law.
4.8
DWELLING UNITS
4.8.1 Yard Provisions for Non-Residential Buildings
Where a dwelling unit is located in a non-residential building, such dwelling unit
shall comply with the yard provisions of this By-Law which apply to the said non-
residential building.
Township of St. Clair Comprehensive Zoning By-Law
58
4.8.2 Basement Location
A dwelling unit, in its entirety, may be located in a basement, provided that the
finished floor level of such basement is not below the level of any sanitary sewer or
storm sewer serving the building in which such basement is located and there is at
least one storey located above such basement containing habitable space.
4.9
LOT DEVELOPMENT REQUIREMENTS
4.9.1 Frontage on a Street
Notwithstanding any provision of this By-Law, no lot shall be used and no building
on a lot erected or used unless the lot abuts or fronts on a street, except on Stag
Island and Fawn Island; or such lot fronts onto a private lane in an approved vacant
land condominium with an approved site plan registered in the Registry Office for
the Registry Division of the County of Lambton. (B/L 68/20)
4.9.2 More than One Use on a Lot
When a lot contains more than one use, each such use shall conform to the
provisions of this By-Law for such use in the zone where it is located.
4.9.3 More than One Zone on a Lot
When 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 applicable zones.
The minimum lot frontage and the minimum lot area shall be measured along the
entire lot regardless of which portion is in one zone or another and the most
restrictive zone provision applies to minimum lot area and frontage. Furthermore, a
zone boundary shall not be considered a lot line for setback purposes.
4.9.4 Number of Main Buildings on a Residential Lot
Unless otherwise stated, no lot shall be occupied by more than one (1) main
building in any Zone which permits residential uses.
4.10
EXISTING LOTS
a)
At the date of passing of this By-Law, where one or more lots exist and are held in
separate ownership in any zone including lots which have insufficient lot area
and/or frontage, then this By-Law shall not prevent the erection of a permitted use
thereon provided that all other provisions of this By-Law are complied with and the
lot can be serviced with a potable water supply and sanitary sewerage system /
approved septic system.
Township of St. Clair Comprehensive Zoning By-Law
59
b)
Notwithstanding the above clause a), the erection of new dwellings containing
more than one dwelling unit shall comply with the lot area and frontage provisions
per dwelling unit.
c)
Nothwithstanding the above clause a), the erection of principle farm implement
sheds or storage buildings within an Agricultural Zone shall comply with the lot
area and lot frontage provisions. The above-noted clause shall not prevent the
erection of an accessory garage to an existing dwelling on the subject lot, where
said lot has insufficient lot area and/or frontage, provided that all other provisions of
this By-Law are complied with and the lot can be serviced with a potable water
supply and sanitary sewerage system.
4.11
LOTS REDUCED BY PUBLIC ACQUISITION
Where the area of a Lot is reduced by means of an acquisition of part of the lot by any
authority having power of expropriation, and where such acquisition causes the lot as
reduced, or any building or structure existing on the lot on the date of such acquisition, to
not comply with one or more provisions of this By-Law, then nothing in this By-Law shall
apply to prevent the continued use of the lot as reduced as if no such acquisition had
taken place, provide that:
a)
no further change is made in the dimensions, area or any other characteristic of the
lot as reduced, subsequent to the date of such acquisition, that would increase the
extent of the said non-compliance; and
b)
no building or structure or addition thereto is erected on the lot as reduced,
subsequent to the date of such acquisition, except in accordance with the
provisions of this By-Law as it applies to the reduced lot.
4.12
HOME OCCUPATIONS
No home occupation shall be permitted in any zone unless such use complies with the
following provisions:
(a)
The home occupation shall be clearly secondary to the main residential use, be
operated and contained entirely within the dwelling, and shall not change the
residential character of the dwelling or the lot.
(b)
No person other than a member of the housekeeping unit, and not more than two
persons not residing on the premises shall be employed except as is necessary for
housekeeping purposes.
(c)
There shall be no open storage or display of materials, containers or finished
products.
Township of St. Clair Comprehensive Zoning By-Law
60
(d)
The home occupation may involve the sale of goods associated with a craft that is
produced in the dwelling, but a use that is primarily a retail store is prohibited.
(e)
Except for a Bed and Breakfast Establishment, not more than 25% of the gross
floor area of the dwelling shall be exclusively devoted to the home occupation and it
shall not occupy more than 28 square metres of gross floor area.
(f)
No home occupation use shall include the storage or repair of construction
equipment, welding, auto body repair, automobile maintenance, or metal
fabrication.
(g)
A sign shall be permitted in accordance with this By-Law.
(h)
The use shall not create or become a public nuisance in regard to noise, traffic,
parking or interference with radio or television reception.
(i)
No more than one physician, dentist or drugless practitioner shall practice in a
Clinic where such clinic constitutes a home occupation. Such physician, dentist or
drugless practitioner shall reside in the dwelling unit, where such clinic is located.
(j)
No above normal pedestrian or vehicular traffic
(k)
Except for a Bed and Breakfast Establishment or a Clinic, the Home Occupation
shall not require the creation of additional on-site parking spaces unless the said
Home Occupation occupies more than 56 square metres of the Dwelling Unit Area.
If such is the case, one parking space shall be provided for every 28 square metres
exclusively devoted to the Home Occupation.
(l)
A Bed and Breakfast Establishment shall require 1 parking space per guestroom.
A clinic shall require 5 parking spaces or 1 parking space for every 28 square
metres exclusively devoted to the clinic whichever is the greater.
(m)
Except for a Bed and Breakfast Establishment, where food is served to overnight
guests only or a catering business, where food is prepared on site for delivery to
another location, no food preparation of food service shall be permitted as a home
occupation.
4.13
AGRICULTURAL HOME INDUSTRY
An agricultural home industry shall be permitted in any Agricultural Zone and must comply
with the following:
(a)
The Agricultural Home Industry shall be carried on entirely within an accessory
building.
(b)
The Agricultural Home Industry shall not exceed 90 square metres.
Township of St. Clair Comprehensive Zoning By-Law
61
(c)
The Agricultural Home Industry shall not include a contractors yard, a truck depot
and similar uses.
(d)
No person other than a member of the housekeeping unit, and not more than two
persons not residing on the premises shall be employed except as is necessary for
housekeeping purposes.
(e)
A sign shall be permitted in accordance with this By-Law.
(f)
The home industry shall be clearly secondary to the main agricultural use and shall
not change the character of the farm or the lot.
(g)
The use shall not create or become a public nuisance in regard to noise, traffic,
parking or interference with radio or television reception.
(h)
The Home Industry shall not require the creation of additional on-site parking
spaces unless the said Home Occupation occupies more than 56 square metres of
an accessory building. If such is the case, one parking space shall be provided
being exclusively devoted to the Home Industry.
4.14
GROUP HOMES
Group Homes, as defined in this By-Law, shall be separated by a minimum distance of
4,500 metres in the Agricultural and Suburban Residential Zones. In all other zones where
a single detached residential dwelling are permitted, there shall be a minimum separation
distance of 500 metres. New Group Homes may be permitted by a Zoning By-Law
amendment.
4.15
OCCUPANCY OF VEHICLES
No truck, coach or streetcar body shall be used for human occupancy within the Township
of St. Clair, whether or not the same is mounted on wheels;
No travel trailer, truck camper, or motor home shall be used for the living, sleeping or
eating accommodation of persons within any residential zone for a period of more than
thirty days in any period of ten consecutive months.
4.16
MINIMUM DISTANCE SEPARATION FOR AGRICULTURE
Notwithstanding any other yard or setback provision of this By-Law to the contrary, a
residential, institutional, commercial, industrial or recreational use, will comply with the
MDS1 calculation, see appendix.
Notwithstanding any other yard or setback provision of the By-Law to the contrary, a
residential use to be located upon an existing lot of record one hectare or less in area and
permitted its zoning, will not be required to comply with the MDS1 calculation.
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Notwithstanding any other provisions of this By-Law to the contrary, a new or expanding
livestock facility in an Agricultural Zone, will comply with MDS2 see appendix.
4.17
YARD ENCROACHMENTS
Unless otherwise specified by this By-Law, every part of any yard required by this By-Law
shall be open and unobstructed by any building or structure from the ground to the sky
provided however, those structures listed below shall be permitted to project into the
required yards indicated for the distances specified.
(a)
Architectural Features
The projection of window sills, chimneys, cornices, eaves, gutters, and similar
architectural features shall be permitted to project into any required yard a
maximum distance of 0.5 metres.
(b)
Outdoor Heating and Air Conditioning Units
An outdoor heating unit, within an Agricultural Zone, may project into any required
yard a maximum distance of 1 metre.
(c)
Porches
An enclosed or unenclosed (walled) porch may project into any required front,
exterior side yard or rear yard a maximum distance of 2 metres excluding eaves.
Notwithstanding the aforementioned, an enclosed or unenclosed porch may not be
closer than 4 metres from the street lot line.
(d)
Unenclosed Balconies and Steps
Unenclosed balconies and steps may project into any required front, exterior side or
rear yard a maximum of 2 metres.
(e)
Bay Windows and Awnings
Any bay window or awning may project into the required front, exterior side and
rear yards a maximum of 1 metre.
(f)
Building in Built-Up Areas
Where a building is to be erected within a built-up area where there is an
established building line, as defined in this By-Law, such building may be erected
closer to the street line or the rear lot line than required by this By-Law provided
that such building is not erected closer to the lot line than the established building
line and all other general provisions of this By-Law, such as environmental
concerns, site triangles, etc., shall apply.
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63
4.18
YARD DEPTH NON-COMPLIANCE
Where in any Zone, a Building or Structure existed prior to April 21, 2003, and is used for
a permitted use and the existing Building or Structure does not comply with the minimum
required yard setback for the Zone in which it is situated, the existing yards setbacks shall
be deemed to conform to this By-Law; however, any expansions to the existing Building
or Structure shall comply with all provisions of this By-Law. (also see Non Complying
Subsection 4.7 d).
4.19
ADDITIONAL BUILDING SETBACKS
4.19.1 Setbacks from Ditches and Drains
(a)
No buildings or structures shall be erected closer than 15 metres from the Top of
Bank of any open municipal drain or natural watercourse.
(b)
No buildings or structures shall be erected over an easement containing a closed
municipal drain, storm sewer, sanitary sewer, or water main. As well, no building or
structure shall be erected: closer than 5 metres (measured perpendicular from the
centre line) of a closed municipal drain, storm sewer, sanitary sewer or water main;
closer than the actual depth of the facility in the ground, where such closed
municipal drain, storm sewer, sanitary sewer or water main is located more than 5
metres below grade.
(c)
Notwithstanding the aforementioned provision, development shall be prohibited
within the Regulatory Flood Plain and development adjacent to ravines, streams
and river valleys shall be restricted to outside the One Hundred Year Erosion Limit.
(d)
Notwithstanding top of bank provisions, no building or structure shall be erected
south of Bickford Line within 15 metres of an open watercourse west of the St. Clair
Parkway, except where there is shoreline protection, the setback is 6 metres from
the edge of the shoreline protection.
(e)
The minimum setback from the Roberts Drain shall be 8 metres for lands zoned
RS-6. (B/L 20/06)
In combination to any other setback, the minimum residential setback from the St. Clair
River shall be the established building line, rear. (B/L 64/06)
4.19.2 Sight Triangles
Within any area defined as a Sight Triangle, the following shall be prohibited:
(a)
any vegetation, shrubs or foliage planted or maintained higher than 50
centimetres above Finished Grade. This requirement shall not apply to
Agricultural Uses.
Township of St. Clair Comprehensive Zoning By-Law
64
(b)
a Finished Grade exceeding the elevation of the centre line of the adjoining
Street by more than 60 centimetres;
(c)
Buildings, Structures, Signs or fences, the top of which exceeds the
elevation of the centre line of the adjoining Streets by more than 1 metre in
height;
(d)
In all Zones, other than the Central Commercial or Agricultural Zones, a
Sight Triangle of 9 metres shall be required from the point of intersection of
the Street Lines.
(e)
In the Agricultural Zone, a Sight Triangle of 75 metres shall be required
from the point of intersection of the Street Lines.
4.19.3 ROAD SETBACKS
(a)
Minimum Setbacks from Provincial Highways
Where a proposed building or structure is within 400 metres of Provincial
Highway No. 40, also see the Ontario Ministry of Transportation.
(b)
Minimum Setbacks from County Roads
In addition to any other provision of this By-Law, where a building or
structure is erected adjacent to a County Road, and in the absence of an
Established Building Line within a built-up community, the minimum setback
shall be (23) twenty-three metres from the centreline or the required front
yard or exterior yard setback, whichever is greater.
(c)
Minimum Setbacks from the St. Clair Parkway
In addition to any other provisions of this By-Law, where a building is erected
adjacent to the St. Clair Parkway, and in the absence of an Established
Building Line or within a built-up community, the minimum setback shall be
(30) thirty metres from the street line. For the purposes of this Subsection, a
built-up community shall be lands zoned residential, commercial or
institutional within in Corunna, Mooretown, Courtright, Sombra Village or
Port Lambton.
Township of St. Clair Comprehensive Zoning By-Law
65
4.19.4 RAILWAY SETBACKS
(a)
Residential Setbacks
(i)
In addition to any other provisions of this By-Law, when a residential
dwelling is erected adjacent to a rail line, it shall have a minimum setback of
30 metres from the boundary of the railway property and an earth berm with
a minimum height of 2 metres above track level constructed between the
residential use and the railway property, except for the infilling of single
detached dwellings in the built up areas of Corunna, Mooretown, Courtright,
Sombra Village, and Port Lambton.
(ii)
Notwithstanding the above clauses, Lots within Plan 729 (Paddock Green)
and Plan 723 (Riviera Estates) are exempt from the setback and berm
requirement;
(iii)
Notwithstanding the above clauses, Lots within Plan 746 are exempt from
the berm requirement but must maintain a 30 metre setback from the railway
property.
(iv)
Notwithstanding the above clauses, suburban residential lots are exempt
from the berm requirement but must maintain a 30 metre setback from the
railway property.
(v)
Notwithstanding the above clauses, Lots referred as the Youseff Subdivision
(lands subject to this amendment) shall not require a 2 metre berm above
track level rather it shall require the berm as existing at the date of passage
of this By-Law being approximately 1.5 metres above ground grade.
(B/L 55/07)
(b)
Setbacks from the Canadian National Railway
(i)
The minimum building setback for residential, institutional, commercial (ie.
Office, retail, services, restaurants, shopping centres, warehouse retail
outlets, and other places of public assembly) and recreational uses (ie.
Parks, outdoor assembly, sports arenas) from a CN railway right-of-way is
15 metres in conjunction with a 2 metre high earthen berm. In the absence
of a safety berm, a 60 metres setback is required.
(ii)
For any new residential, institutional or commercial development adjacent to
the railway right-of-way, a 1.83 metre chain link security fence is required
along the mutual property line with the railway right-of-way, to be installed
and maintained at the applicant / owners's own expense.
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66
(c)
Railway Crossings
(a)
Where a street crosses a railway at the same grade, no building or
structure shall be erected closer to the point of intersection of the
centre lines of both the railway and street right-of-way than:
(i)
75 metres in all Agricultural Zones, Suburban Residential
Zones and Industrial Zones;
(ii)
30 metres in all other zones.
4.19.5
Setbacks from Petroleum Pipelines
No building, structure or excavation shall be permitted 10 metres from the
limits of a petroleum pipeline right-of-way used for the movement of bulk
quantities rather than the local distribution to individual users.
4.20
ENVIRONMENTAL CONCERNS AND SETBACKS
4.20.1 General Regulations
Despite any other provisions of this By-Law, no permanent Buildings or Structures
shall be erected or used on lands which exhibit, or potentially exhibit a hazardous
condition as a result of their susceptibility to flooding, erosion, subsidence,
inundation or the presence of organic soils or steep slopes, or on land where, by
reason of its low lying, marshy or unstable character, the cost of construction of
satisfactory waterworks, sewage, or drainage facilities is prohibitive.
4.20.2 St. Clair River Shoreline Minimum Building Openings
For all Buildings and Structures located on property adjacent to the St. Clair River,
the minimum elevation for all openings shall be in accordance with the Flood
Elevations listed below:
Location
Recommended Flood Elevation
Lots A to D of Concessions 5 to 15
177.3m
Fawn Island
177.3m
Lot 1, Concession 15 (former Sombra)
177.3m
Lots 1 to Lot 12 of the Front Concession
177.6m
Lots 13 to Lot 28 of the Front Concession
177.7m
Lots 29 to Lot 43 of the Front Concession
177.8m
Lots 44 to Lot 62 of the Front Concession
177.9m
Lots 63 to Lot 72 of the Front Concession
178.0m
Stag Island
178.0m
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Fill shall be placed for a minimum horizontal distance of 1.6 metres from the
external walls or structure to the prescribed elevation.
This provision does not apply to industrially related facilities such as docks,
wharves, pumping stations, water intake or outlet appurtenances, electrical and
sub-station apparatus or gatehouses.
4.20.3 St. Clair River Development Area 1
Development Area 1 shall consist of lands between Moore Line and LaSalle Line
and west of the St. Clair Parkway.
In addition to all other requirements and setback provisions of this By-Law, all
proposals for new development shall be accompanied by a site by site assessment
regarding slope stability before a building permit may be issued within 15 metres of
Top-of-bank. Where beyond the 15 setback, a slope study may be required if
deemed necessary by the Building Inspector. The Corporation of the Township of
St. Clair will require a geological, geo-technical or such other study as the Township
deems necessary and consultation with the St. Clair Region Conservation Authority
prior to the issuance of a building permit.
The slope study shall address all slope stability issues deemed necessary and may
require a peer review at the property owners' expense.
Where a geological, geo-technical or such other study as the Township deems
necessary is carried out and indicates that greater setbacks are required than found
in the specific zone within which the subject property is located, the setbacks
established in the study shall take precedence over other zone regulations.
Where a geological, geo-technical or such other study as the Township deems
necessary is carried out, a professional geo-technical engineer in conjunction with
the building inspector shall monitor the implementation of the study and the
development. Following construction, the geotechnical engineer will provide
certification that the new development has been carried out as per the design. The
costs for design, monitoring and certification are to be borne by the proponent.
4.20.4 St. Clair River Development Area 2
Development Area 2 shall consist of lands between Whitebread Line and Pointe Line,
west of the St. Clair Parkway.
A high water table risk to structures is present in the St. Clair River Shoreline
Development Area 2 due to the low lying nature of the area, high water table and or
surficial flooding conditions. In addition to the requirements of the sections above
listed in Section 4.20, for lands within the St. Clair River Shoreline Development
Area 2, proposals consisting of full basements or cellars (non-crawl space type)
may be accompanied by engineering floodproofing design for the structure as per
Township of St. Clair Comprehensive Zoning By-Law
68
the Township (building inspector) deems necessary. The St. Clair Conservation
Authority will be forwarded floodproofed designs for their review and comment, as
requested by the Municipality and where required by the Conservation Authority in
Regulated Areas.
4.20.5 Gas Pump Setbacks
No portion of any gasoline pump island shall be located closer than 6 metres from a
residential property or lands zoned Residential or Residential Suburban. No portion
of any gasoline pump island shall be located closer than 4.5 metres from a street
line.
4.21
OPEN STORAGE REGULATIONS
(a)
Minimum Setbacks
(i)
The minimum setback from any front, side or rear lot line of any permitted
open storage in any zone shall be no less than the respective minimum
front, side or rear yard of the zone in which the said open storage is located,
unless otherwise specified hereinafter.
(ii)
In any lot in an Industrial Zone where any side or rear lot lines abut a lot in
the same zone as the zone in which the said lot is located, a 3 minimum
setback from said side or rear lot line shall be required.
(iii)
In any lot in an Industrial Zone where a side or rear lot lines abut Provincial
Highway No. 40, the minimum setback for such side or rear lot line of any
permitted open storage shall be 152.4 metres.
(b)
Parking
Any areas used for permitted open storage shall be in addition to and separate from
such areas as may be required by this By-Law for the provision of off-street parking
spaces.
(c)
Lighting
Where lighting facilities are provided in conjunction with any permitted open
storage, such lighting shall be so arranged as to deflect light onto the open storage
area and away from any adjoining properties.
(d)
Screening
Any portion of a lot used for open storage shall be enclosed by a fence. If such use
abuts a residential, institutional, recreational or open space use, then the required
fence shall be constructed of solid and opaque materials at least 1.8 metres in
height.
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69
(e)
Surface Treatment
Any open storage area shall be maintained with a stable surface, treated so as to
prevent the raising of dust or loose particles and drained in accordance with the
requirements of the Municipality.
4.22 OPEN DISPLAY AREA
Where outside display and sale of goods and materials is permitted the following
provisions shall be complied with:
(a)
Such outside display is accessory to a commercial use carried on in an
enclosed building, or portion thereof, on the same lots except in the case of
a private garage sale;
(b)
The area used for outside display and sale shall not be more than twice the
floor area above grade of the commercial building, or portion of any such
building constructed upon the lot, and used for the commercial purposes for
which outside display and sale is permitted, and in any event, such area for
outside display and sale shall not be more that thirty-five (35) percent or the
lot area.
(c)
If the interior side lot line or rear lot line of a lot upon which such outside
display and sale in permitted abuts a Residential or Development Zone, then
a planting strip shall be provided along such abutting lot line, or portion
thereof, in accordance with the requirements for planting strips;
(d)
Where lighting facilities are provided they shall be so arranged as to deflect
the light onto the outside display and sale area, and away from adjoining
properties and streets;
(e)
The area used for outside display shall provide side and rear yards in
accordance with the provisions for the zone in which the land is situated, but
in any event shall not be closer to any side or rear lot line that 3.0 metres
(9.8 feet);
(f)
The area used for outside display and sale shall be surfaced and maintained
with either concrete, asphalt, crushed stone and other hard surface and dust
free materials, or maintained as a lawn in a healthy growing condition;
(g)
Prior to the establishment of an area for the outside display and sale, the
owner shall file in writing with the municipality giving full particulars including
a sketch of survey of the lands to be used in relation to all buildings or other
structures on the same lot.
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(h)
Prior to the establishment of an area for the outside display/sale, the owner
shall amend their site plan to identify the outdoor display area dimensions
and particulars and receive approval from the Corporation of the Township
of St. Clair.
4.23
LANDSCAPING
Except as otherwise specifically provided herein, no part of any required front yard or
exterior side yard shall be used for any purpose other than landscaped open space.
Nothing in this By-Law shall apply to prevent such land from being crossed by pedestrian
walkways or permitted driveways.
4.24
PLANTING STRIPS
A planting strip shall be planted, nurtured and maintained by the owner of the lot on which
the planting strip is located. The responsibility of maintenance of trees and plants rests
with the owner.
4.24.1 Required Location
Where a lot is for a non-residential purpose and:
(a)
the interior side lot line or rear lot line abuts any residential use or
undeveloped land in a residential zone; or
(b)
where such lot is in an industrial zone and the front, side or rear lot line abuts
a street line and the opposite street line abuts any residential use or
undeveloped land in any residential zone then the land adjoining such
abutting lot line or street line shall be used for no purpose other than a
planting strip in accordance with the provisions of this subsection.
4.24.2 Width
Where, in any zone, land is required to be used for no purpose other than a
planting strip, it shall have a minimum width of 3 metres, measured perpendicularly
to the lot line adjoining such planting strip.
4.24.3 Height
The minimum height of a planting strip shall be 1.5 metres at the time of planting.
4.24.4 Interruption for Driveway or Walk
Where a driveway or walk extends through a planting strip it shall be permissible to
interrupt the planting strip within 3 metres of the edge of such driveway or within 1.5
metres of such walk.
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71
4.24.5 Landscaped Open Space
A planting strip may form part of any landscaped open space required by this By-
Law. Except as otherwise specifically provided herein, no part of any required front
yard or exterior side yard shall be used for any purpose other than landscaped
open space. Nothing in this By-Law shall apply to prevent such land from being
crossed by pedestrian walkways or permitted driveways.
4.25
SIGNS
(a)
Nothing in this By-Law shall apply to prevent the erection, alteration or use of any
sign, provided such sign complies with the By-Laws of the Corporation of the
Township of St. Clair regulating signs and provided such sign complies with the
provisions of this By-Law (sight triangles).
(b)
Signs that are lawfully erected and maintained, directly related to, and pertinent to
the function of any of the permitted uses of this By-Law are permitted; provided that
in any Residential (R or RS) Zone only the following shall be permitted:
(i)
One non-illumined real estate sign having a maximum area of 0.75 square
metres advertising the sale, rental or lease of the building, structures of lot
upon which the sign is displayed. The support of the sign shall not be
calculated as part of the minimum area provided it only serves to support the
sign.
(ii)
One non-illumined sign having a maximum area of 0.5 square metres
displaying the name and address of a doctor, dentist, drugless practitioner,
or person engaged in a permitted home occupation, residing on the lot on
which the sign is displayed. The support of the sign shall not be calculated
as part of the minimum area provided it only serves to support the sign.
(iii)
One non-illumined sign having a maximum area of 2 square metres
advertising the name and particulars of a subdivision or similar development
project provided such sign shall be removed upon completion of the project.
The support of the sign shall not be calculated as part of the minimum area
provided it only serves to support the sign.
For any permitted occupation located in an Agricultural Zone, one non-
illuminated sign having a maximum area of 2 square metres displaying the
name, address of a person engaged in a permitted home occupation,
residing on the said property on which the sign is located, shall be permitted.
iv)
election signs will be permitted in accordance with existing By-Laws.
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4.26 MOVEMENT OF BUILDINGS
No Building or Structure shall be moved in whole or in part to, or within the area defined
by this By-Law unless:
(a)
every portion of the building or structure is made to conform to all the regulations
of this By-Law applying to the Zone in which it is to be located; and
(b)
a permit is received from the Corporation of the Township of St. Clair.
4.27 COMMERCIAL AND INDUSTRIAL ZONES ABUTTING OR ADJACENT TO
RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES
Where any Commercial Zone or Industrial Zone fronts on a street or road opposite to, or
directly abuts any Residential Zone, Institutional, or Open Space Zone, the following
provisions shall be complied with:
(a)
no Loading Space shall be located in, nor open onto any yard adjacent to a
neighbouring zone as listed above;
(b)
exterior lighting and illuminated signs shall be so arranged as to deflect light away
from the adjacent zone;
(c)
Open Storage shall be prohibited in any front yard or side yard adjacent to the
neighbouring zone. Where permitted, the provisions of this By-Law shall apply.
(d)
a planting strip shall be provided in accordance with the provisions of this By-Law.
4.27.1 Residential Development Adjacent to Non-Residential Zones
Where any residential zone abuts a non-residential zone a fence shall be required for
lands subject to this By-Law. (B/L 75/07)
4.28
OCCUPANCY
No Building or Structure or any part thereof shall be occupied until the whole of the
exterior of such Building has been completed according to the plans and specifications
thereof filed with the Chief Building Official and the whole of the interior has been
completed with the exception of minor details not exceeding ten (10) percent of the value
of the Building as set out in the building permit issued by the Chief Building Official
thereof. All sanitary facilities shall be installed, inspected and approved in writing and an
occupancy permit obtained from the Chief Building Official prior to the occupancy of any
Building.
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4.29 ACCESS
All uses, buildings or structures shall have access to a public street, except on Fawn
Island or Stag Island, however, such use, buildings or structure shall have water access.
4.30 CONVERSION OF EXISTING DWELLINGS
An existing dwelling may be altered, remodelled, enlarged and used for purposes of a
converted dwelling in a Zone where permitted, provided that:
(a)
no dwelling unit so created contains a floor area of less than fifty (50) square
metres and this shall be in addition to the minimum Gross Floor area requirements
established by this By-Law for the residence prior to conversion;
(b)
no more than two (2) additional dwelling units are permitted;
(c)
there is no increase in the cubic content of the building for habitable purposes
except for the addition of sun porches, entranceways and dormers;
(d)
any outside stairways (except for required fire escapes) be located in the rear yard;
(e)
no building may be converted into two units unless the lot has a minimum of 100
square metres of landscaped open space located in the rear yard. No building may
be converted into three units unless the lot has a minimum of 135 square metres
of landscaped open space located in the rear yard.
(f)
the off-street parking requirements of this By-Law are complied with;
(g)
where the Building cannot be connected to an existing sanitary sewer system,
alternative sewage treatment facilities approved under Part VIII of the
Environmental Protection Act shall be provided.
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4.31
PARKING AREA REGULATIONS
4.31.1 Requirements
(a)
The owner or occupant of every building or structure erected or used for any of the
purposes hereinafter set forth except shall provide and maintain for the sole use of
the owner, occupant, or other persons entering upon or making use of the said
premises from time to time, one or more parking spaces each such parking spaces
having a minimum width of 2.7 metres, and minimum length of 6 metres, in
accordance with the following:
TYPE OF USE
MINIMUM PARKING SPACE REQUIRED
Residential Use
Boarding House
1 parking space per dwelling unit, plus 1 parking
space per guest room
Dwellings on Fawn or Stag Islands
no requirement
Group Home
2 parking space
Multiple Dwelling
1.5 parking spaces per dwelling unit
Home for the Aged/Rest Home
1 parking space per bed
Townhouse
1.5 parking spaces per dwelling unit
Other Residential Uses
1 parking space per dwelling unit
permitted by this By-Law
Non Residential Use
Assembly Hall, Auditorium
1 parking space for every 8 fixed seats plus 1
parking space for each 18.5 square metres of
gross floor area (excluding area occupied by
fixed seating)
Auction Hall or Flea Market
1 parking space for every 5 square metres of
gross floor space open to the public
Bank
1 parking space per 37 square metres of gross
floor area
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Beverage Room
1 parking space per 4 persons permitted
capacity
Bingo Hall
a)
1 parking space per 14 square metres of
gross floor area
b)
1 parking space for 4 person design
capacity of the establishment
Church
1 parking space per 10 square metres of gross
floor area
Clinic
The greater of:
a)
5 parking spaces per practitioner; or
b)
1 parking space per 18.5 square metres of
gross floor area
Day Nursery
1 parking space per staff member
Funeral Home
1 parking space for every 5 fixed seats and 1
space for every 5 square metres floor area
where non-fixed seating can be made available
for chapel purposes; or 1 space for every 5
square metres of floor area devoted to reposing
rooms, whichever is the greater.
Hospital
0.75 parking spaces per bed
Hotel
1 parking space per bed plus 1 parking space
per 20 square metres of communal eating or
entertainment area
Industrial Use
unless otherwise stated in the By-Law, the
number of off-street parking required shall be
sufficient to accommodate all workers
Laundromat
1 space per 20 square metres
Library
1 parking space for each 37 square metres of
gross floor area
Motel
1.25 parking space per unit plus 1 parking space
per 20 square metres of communal eating or
entertainment area
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Motor Vehicle Repair
3 parking spaces per staff member
Establishment
Motor Vehicle Sales
1 space per 30 square metres gross floor area
plus 1 space per 10 motor vehicles on display
Motor Vehicle Service
5 spaces per working bay
Establishment
Motor Vehicle Washing
Establishment
i) Self-Serve Operation
4 parking spaces per wash stall
ii) Conveyor Operation
8 parking spaces per wash stall
Nursing Home
1 space per bed
Office
1 parking space per 37 square metres of ground
floor area, plus one space for each 70 square
metres of remaining gross floor area
Private Club
1 parking space for every 8 fixed seats and/or 1
space for each 18.5 square metres of gross floor
area (excluding areas occupied by fixed seating)
Recreation, Commercial
The greater of:
a)
1 parking space per 14 square metres of
gross floor area
b)
1 parking space per 4 persons design
capacity of the establishment
Restaurant, Unlicensed
The greater of:
a)
1 parking space per 14 square metres of
gross floor area, plus one space per
working employee; or
b)
1 parking space per 4 persons seating
design capacity of the dining room, plus
one space per working employee
Restaurant, Drive-In
10 parking spaces per lot
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Restaurant, Licensed
1 parking space per 4 persons seating design
or Tavern
capacity of the dining room plus one space
per working employee. If there are areas used
by patrons, not specifically for eating, then
1 parking space is required per 4 persons
as calculated by occupancy from the Building
Code plus one space per working employee.
Retail Store, Service
1 parking space per 37 square metres of ground
And Repair Shop,
floor area
Service Trade, Personal
plus
Service Shop
1 space for each 70 square metres of remaining
gross floor area
plus
1 parking space for 37 square metres of outdoor
display area
School
1.5 parking spaces per classroom, or teaching
area
Shopping Centre
1 parking space per 28 square metres of gross
floor area
Veterinarian Clinic
1 parking space for each 28 square metres of
gross floor area
Warehouse
5 parking spaces minimum for the first 1,858
square metres of gross floor area and 1 parking
space for each additional 300 square metres of
gross floor area
Other Non-Residential
1 parking space per 37 square metres of gross
Uses Permitted
floor area
b)
Parking spaces shall be provided at the time of construction according to the
provisions of this By-Law.
c)
If calculation of the required parking spaces results in a fraction, the required
parking spaces shall be the next higher whole number.
4.31.2 Addition to Existing Use
In the case of the expansion or enlargement of an existing building or structure, the
requirement for provision of additional parking spaces shall be based on said
expansion or enlargement. When an existing building or structure has insufficient
parking spaces at the date of passing of this By-Law to comply with the
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78
requirements herein, this By-Law shall not be construed to require that the
deficiency be made up prior to the construction of any addition.
4.31.3 Change of Use
Where a change of permitted uses takes place in a Commercial Zone within an
existing building or structure no additional parking facilities shall be required
provided that:
(i)
no existing parking spaces are lost due to the change;
(ii)
the previous use was not residential
(iii)
the gross floor area is not increased.
4.31.4 More than one use on a lot
When a building, structure or lot accommodates more than one type of use the
parking space requirement for such building structure or lot shall be the sum of the
requirements for the separate uses thereof.
4.31.5 Location
The required parking area shall not form a part of any street or lane. The required
parking area shall be provided on the lot occupied by the building, structure or use
for which said parking area is required, except in the case of a Non-Residential use,
the required parking area may be provided on another lot if such parking area is not
more than 150 metres from the lot requiring the parking area.
4.31.6 Yards Where Permitted
Despite any yard provisions of this By-Law to the contrary, uncovered surface
parking areas shall be permitted in all yards provided that no part of any parking
area, other than a driveway, is located closer than the minimum required front yard
or exterior side yard depth to any street line. Notwithstanding the above provision,
for lands zoned C1, the parking area may be located within one metre of the front
lot line or the exterior side lot line.
4.31.7 Access to Parking
(a)
Location
The minimum distance between a driveway and the intersection of street
lines measured along the street line intersected by such driveway shall be 9
metres.
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(b)
Width
Access to the required parking spaces and parking areas shall be provided
by means of unobstructed driveways or passageways at least 3 metres but
not more than 9 metres in width, measured along the street line.
In the case of a driveway with combined ingress and egress serving 3 to 10
parking spaces, the minimum width shall be 6 metres and the maximum
width shall be 9 metres measured along the street line.
In the case of a driveway with combined ingress and egress serving more
than 10 parking spaces, the minimum width shall be 7 metres and the
maximum width shall be 9 metres along the street line. A driveway leading to
any parking area or loading area shall be defined by a curb or concrete or
rolled asphalt and be maintained with a cement or asphaltic binder or any
other permanent surfacing.
(c)
Aisles
The aisles between parking spaces within a parking area shall have a
minimum width of 6 metres.
(d)
Angle of Intersection
The minimum angle of intersection between a driveway and a street line
shall be 60 degrees.
(e)
Number of Driveways
Every lot shall be limited to the following number of driveways:
(i)
two driveways, with a combined width not exceeding 30% of the lot
frontage, for the first 30 metres of lot frontage or portion thereof; and
(ii)
one additional driveway for each additional 30 metres of lot frontage.
4.31.8 Surface
For any commercial, industrial or institutional use, each parking area and driveway
connecting the parking area and driveway connecting the parking area with a street
shall be paved with an asphaltic or concrete surface and be bounded by curbs.
For any residential structure containing up to three (3) dwelling units, gravel, or any
surface listed above is permitted for a parking area surface.
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80
For any residential structure containing more than three (3) dwelling units the
parking area shall be surfaces with an asphaltic or concrete surface.
4.31.9 Movement Lanes for Automotive Washing Establishment
(a)
Automatic automotive washing establishments shall have on their premises
sufficient space for the storage and movement of at least 5 automobiles in
advance of the three automobiles at the terminus of each wash line.
(b)
Self-service automotive washing establishments shall have on their
premises sufficient space for the storage and movement of at least three
automobiles in advance of and one automobile at the terminus of each wash
stall.
4.31.10 Drive-through Facilities
Any drive through service facility (such as a drive through bank or
restaurant, etc.) shall have on the same lot there within a minimum of 7
stacked parking spaces in advance of the drive through window or any other
structure which is designed to serve patrons within a motor vehicle.
4.31.11 Restrictions in Residential Zones
(a)
No Commercial Motor Vehicle that carries dangerous goods as defined in
this By-Law shall be parked or stored in any Residential Zone.
(b)
No commercial motor vehicle with a (GVW) gross vehicle weight of 4,500
kilograms or more shall be parked or stored in any Residential Zone.
(c)
The parking or storage of a boat, snowmobile, travel trailer or motor home is
permitted in any residential zone provided that none of the above are parked
or stored in a sight triangle, a required parking space, a front yard or exterior
side yard. Where a boat, snowmobile, travel trailer or motor home is parked
or stored in an interior side yard or rear yard it shall comply with the
setbacks imposed on accessory buildings and structures as stated this By-
Law. Notwithstanding the above, the above noted vehicles may be parked in
the front yard for loading and unloading purposes only.
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81
4.31.12 Barrier Free Parking Spaces (physically challenged parking)
Where the parking requirement for any of the following uses:
retail commercial or office use
public building or public park
home for the aged
nursing home
hospital
school
public hall
social or service club
library
hotel or motel
funeral home
restaurant
apartment dwelling
assembly hall
clinic
veterinarian clinic
church
is in excess of 20 parking spaces,
1 space out of the first 20 spaces required and 1 space out of each additional 100
spaces or portion thereof shall be provided near and accessible to the point of
entrance to the building and clearly marked for the parking of vehicles used by
disabled person or persons.
Parking spaces for the disabled shall have a minimum width of 4.4 metres (14.4
feet) and a minimum length of 6 metres (19.6 feet).
4.32
LOADING SPACE REGULATIONS
4.32.1 Spaces Required
The owner or occupant of any lot, building or structure erected or used for any
purpose, involving the receiving, shipping, loading or unloading or persons,
animals, goods wares, merchandise or raw materials, shall provide and maintain at
the premises, facilities for loading. Loading spaces shall measure at least 9 metres
long, 3.5 metres wide and have a vertical clearance of at least 4.5 metres.
The number of loading spaces required shall be sufficient to address the needs of
the operation.
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82
4.32.2 Location
The required loading space shall be provided on the lot occupied by the building or
structure for which the said loading spaces are required and shall not form part of
any street or lane.
4.32.3 Access
Access to loading spaces shall be by means of a driveway at least 6 metres wide
contained within the lot on which the spaces are located.
4.33
SECOND DWELLING UNIT PROVISIONS (B/L 11/13)
4.33.1.1
A second dwelling unit is permitted in any detached, semi-detached or duplex
dwelling that has direct street access, in any zone where that dwelling type is a
listed permitted use provided:
(a)
there is no exterior alteration in the front of the dwelling or flanking a public
street;
(b)
there is no exterior alteration of a window where such window is within 2.4
metres from another window on a different lot;
(c)
the appearance and general character of the building is not changed;
(d)
the second dwelling is clearly ancillary to the principle dwelling (not capable
of being severed);
(e)
it is located on the same lot as its principal dwelling unit;
(f)
it only exists along with, and must be contained within the same building as
its principal dwelling unit except for approved second dwelling units in
private garages; and
(g)
the principle dwelling unit complies with the minimum gross floor area
provisions of the By-Law.
4.33.1.2
A second dwelling unit is not permitted on a lot that is legally non-complying with
respect to lot width or lot area unless all other provisions applicable to second
dwelling units can be complied with.
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4.33.1.3
A maximum of one second dwelling unit is permitted per principal dwelling in the
case of a detached or semi-detached dwelling unit and a maximum of one second
dwelling unit is permitted in the whole of a duplex dwelling building.
4.33.1.4
If located at or above grade, the gross floor area of the second dwelling unit must
not be greater in size than an amount equal to 40% of the gross floor area of its
principal dwelling unit. If located in a basement, the second dwelling unit may
occupy the whole of the basement.
4.33.1.5
Where located both at or above grade, and in the basement, the second dwelling
unit must not be greater in size than an amount equal to a total gross floor area, of
its principal dwelling unit including the gross floor area of the basement, of 40%.
This does not apply where the second dwelling unit is located entirely within the
basement save and except for its entrance located on the ground floor.
4.33.1.6
Where an attached garage is converted to accommodate the second dwelling unit
or a portion of the second dwelling unit, such attached garage is included in the
calculation of the gross floor area of the dwelling.
4.33.1.7
The creation of a second dwelling unit must not result in any new doorway entrance
added to the wall facing a street, whether before, during or after the creation of the
secondary dwelling unit.
4.33.1.8
The doorway entrance that leads to a second dwelling unit is limited to locations on
the ground floor only, except where building and/or fire codes specifically requires
otherwise.
4.33.1.9
The principal and second dwelling units must share the parking area and yards
provided for the principal dwelling unit, and no new driveway may be created.
4.33.1.10
The creation of the secondary dwelling unit must not eliminate a required parking
space for the principal dwelling unit.
4.33.1.11
Where a second dwelling unit is located on a lot, neither a garden suite nor any
boarding/rooming units are permitted on that lot.
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84
4.33.1.12
A second dwelling unit may be in a basement/cellar provided that the finished floor
level of such basement is not below the level of any sanitary sewer or storm sewer
serving the building in which such basement is located, there is at least one storey
located above such basement containing habitable space, and the second dwelling
unit has two means of egress. The second means of egress may be a window
space which is designed and capable of providing an exit of the resident(s) and
complies with the Building Code.
4.33.1.13
A second dwelling unit must contain a gross floor area of at least fifty (50) square
metres.
4.33.1.14
Outside stairways (except for required/non-conforming fire escapes) shall be
located in the rear yard only.
4.33.1.15
The lot has a minimum of 100 square metres of landscaped open space located in
the rear yard.
4.33.1.16
Standard municipal off-street parking requirements of the By-Law will be required
and in addition there shall be a minimum of one parking space for the second
dwelling unit in addition to the minimum requirements of the principal dwelling.
4.33.1.17
The dwelling units must be connected to an existing sanitary sewer system, or
alternative sewage treatment facilities approved under Part VIII of the
Environmental Protection Act shall be provided.
Second dwelling units must be connected to public services where such services
are available; however, where only private services are available, new secondary
dwelling units may be connected to private services subject to approval, to provide
opportunity to review water quality and servicing capacity.
4.33.1.18
Second dwelling units in an accessory building shall not be located in the required
front yard setback and shall be in character of the local neighbourhood.
4.33.1.19
Second dwelling units in an accessory building shall have a minimum gross floor
area of 50 m2 and a maximum gross floor area of 67 m2.
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85
4.33.1.20
An accessory building must have a minimum side yard setback being the same as
the setback for the principal dwelling and a minimum rear yard setback the same as
the minimum rear yard setback of the principal dwelling to qualify for a second
dwelling unit.
4.33.1.21
Prior to conversion of an accessory building for second dwelling unit,
documentation to the satisfaction of the municipality is required to address
mitigation of vehicle fumes, noise, vibrations, emissions and storage of volatiles
where the building will be capable to store vehicles or accessory storage items.
4.33.1.22
In areas zoned A1 or RS, a second dwelling unit shall not be separated farther than
10 metres from the principle dwelling.
4.33.1.23
A second dwelling unit dwelling shall comply with MDS 1.
4.33.1.24
A second dwelling unit dwelling shall not be permitted in areas zoned EP-H, within
15 metres of a watercourse or in an area of building constraints.
4.33.1.25
A second dwelling unit in an accessory building shall not be located in the
basement of an accessory building.
4.33.1.26
A second dwelling unit in an accessory building shall not be located in a second
floor of an accessory building and shall maintain the maximum height provision of
accessory buildings.
4.33.1.27
A second dwelling unit in an accessory building shall not be located in a yard
abutting the St. Clair River.
4.34
MEDICAL MARIHUANA FACILITIES (B/L 9/2017)
4.34.1 Medical Marihuana Facilities shall comply with the following:
(a)
must be a listed permitted use in the zone it is located,
(b)
must comply with the provisions of the zone it is located in,
(c)
must be located completely within a building, and
(d)
must not be located in a building that is within 300 metres of a residential,
institutional, suburban residential zone nor within 300 metres of a dwelling.
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AGRICULTURAL ZONES
5.1
AGRICULTURAL-1 (A1) ZONE
(general farming)
5.1.1 Permitted Uses
(a)
Agriculture
(b)
Farm produce outlet
(c)
Single-detached Dwelling (one per lot)
(d)
Bed & Breakfast Establishment or Vacation Farm
(e)
Conservation
(f)
Forestry
(g)
Agricultural Home Industry
(h)
Home Occupation
(i)
Nursery
(j)
Commercial Greenhouse
(k)
Kennel
(l)
Existing Churches / Cemeteries
(m)
Riding School/Equestrian Centre
(n)
Commercial Communications Tower
(o)
Buildings, Structures and Uses accessory to a permitted use
5.1.2 Gross Floor Area
80 square metres minimum for a one storey single detached dwelling; 70 square
metres on the ground floor for a single detached dwelling with more than one
storey.
5.1.3 Minimum Distance Separation (B/L 24/11)
a)
No new dwelling or non-agricultural use, building, or structure is permitted
closer to a Livestock Facility on a separate Lot than 300m or the MDS I
Setback calculated using Appendix "A" to this By-Law whichever is greater.
b)
No new livestock Facility or Livestock Facility addition or reconstruction is
permitted closer to a dwelling on a separate Lot, a Lot Line or a non-
Agricultural Use, Building or Structure on a separate Lot, than the distance
calculated using the MDS II formula found in Appendix "A" to this By-Law.
c)
No Livestock facility including a manure storage area or conditioning pit is
permitted within 60 metres of a lot line abutting a public street and 30
metres from an interior side or rear lot line. Expansion of an existing
livestock facility that contravenes this clause is permitted provided that the
required setback is not further reduced in any fashion and that all other
requirements of the By-Law are met.
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d)
Application of subsections a) and b) shall be read in accordance with the
specific provisions of this By-Law and Appendix "A" to the By-Law and
including the following:
i)
The MDS I only, and not the 300m shall be the minimum required
setback from a livestock facility with a livestock housing capacity of
fewer than 25 Nutrient Units.
ii)
An existing dwelling may be replaced, despite not complying with
subsection a) provided that the existing separation is not further
reduced.
iii)
A livestock facility destroyed by fire or natural disaster may be
replaced to the same general location despite not meeting MDS II,
provided the existing separation is not further reduced and the factors
A, B and D for the new livestock facility are no greater than those of
the previous livestock facility.
iv)
A new non-agricultural lot, whether or not containing a dwelling, shall
comply with subsection a) even for livestock facilities already located
on a separate lot.
v)
Subsection a) shall not apply where 4 or more dwelling units on
separate lots are already closer to the livestock facility than the use
under consideration and where the use under consideration is also
closer to the same 4 or more non-farm dwellings or uses than it is to
the livestock facility.
vi)
Cemeteries located in an agricultural zone shall be considered a
Type A land use for the purposes of MDS II.
vii)
MDS I & MDS II shall not apply to buildings or structures accessory to
a dwelling or buildings or structures 10 m2 or less in ground floor
area.
viii)
The required MDS I from an anaerobic digester or an associated co-
substrate input tank shall be 125m.
ix)
The required MDS II for an anaerobic digester or an associated co-
substrate input tank shall be 125m from a Type A land use, 250m
from a Type B land use, 13m from an interior side lot line or rear lot
line and 25m from a front or exterior side lot line.
x)
Even if no building permit is required, MDS II shall apply to the
conversion of any non-livestock building or structure to use as a
livestock facility.
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xi)
Where no building permit is required, existing livestock facilities may
be converted for use for a type of livestock for which the building was
not previously used, designed or suited, despite not complying with
MDS II, provided there is no increase in non-compliance through a
resultant MDS II that is greater than that of the previous use.
xii)
The capacity of manure storages that hold manure produced by
livestock not located on the lot or "digestate" produced from an
anaerobic digester shall be considered in determining the required
MDS I and MDS II.
xiii)
Calculations made using the MDS Computer Program Version 1.0.0
provided by the Ministry of Agriculture, Food and Rural Affairs shall
be considered equivalent to calculations made using Appendix "A".
5.1.4 A1-1 Exception 1 to the Agricultural-1 Zone
Lands described as Part Lot 1, Concession IX geographic Township of Moore,
within the A1-1 Zone, shall permit a Poultry Processing Establishment in addition to
the uses permitted in the A1 Zone. Any new or expanding buildings, structures,
uses, within the A1-1 Zone, shall be subject to the building provisions of the A1
Zone. Nothwithstanding the above, buildings and structures used for the Poultry
Processing Establishment shall have: a minimum interior side yard of 9 metres, a
minimum exterior side yard of 23 metres, a minimum front yard of 23 metres, a
minimum rear yard of 9 metres and a maximum lot coverage of 25 percent.
5.1.5 A1-2 Exception 2 to the Agricultural-1 Zone
Lands described as Part Lot 3, Concession XI, geographic Township of Moore,
within the A1-2 Zone, shall permit Type 1 and Type 2 Industrial uses in addition to
the uses permitted in the A1 Zone except for the housing of livestock. Any new or
expanding buildings, structures or uses, within the A1-2 Zone, shall be subject to
the building provisions of the A1 Zone.
5.1.6 A1-3 Exception 3 to the Agricultural-1 Zone
Lands described as Part Lot 19, Concession V, geographic Township of Moore,
within the A1-3 Zone, shall permit a Contractor's Yard in addition to the uses
permitted in the A1 Zone except for the housing of livestock. Any new or expanding
buildings, structures or uses, within the A1-3 Zone, shall be subject to the building
provisions of the A1 Zone.
5.1.7 A1-4 Exception 4 to the Agricultural-1 Zone
Lands described as Part Lots 49 & 50, Front Concession, geographic Township of
Moore, within the A1-4 Zone shall permit a Landscaping Business in addition to the
Township of St. Clair Comprehensive Zoning By-Law
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uses permitted in the A1 Zone except for the housing of livestock. Any new or
expanding buildings, structures or uses, within the A1-4 Zone, shall be subject to
building provisions of the A1 Zone.
5.1.8 A1-5 Exception 5 to the Agricultural-1 Zone
Lands described as Part Lot 7, Concession IV, Brigden, within the A1-5 Zone, shall
permit the uses of the A1 Zone except that no more livestock units may be
permitted than the existing number of livestock units for which the facility is
designed for at the date of passage of this By-Law. Any new or expanding
buildings, structures or uses, within the A1-5 Zone, shall be subject to the building
provisions of the A1 Zone.
5.1.9 A1-6 Exception 6 to the Agricultural-1 Zone
Lands described as Part Lot 5, Concession VIII, geographic Township of Sombra,
within the A1-6 Zone, shall permit the uses of the A1 Zone, but notwithstanding any
provisions to the contrary, the following provisions shall apply to the lands zoned
A1-6. The communications tower structure, not including guy lines, shall not be any
closer than 135 metres from the front lot line, 45 metres from the interior side lot
line, 500 metres from the rear lot line, 545 metres from the exterior lot line.
Furthermore, any buildings or guy lines, shall be located within 40 metres from the
tower base. Furthermore, the tower base and all anchors shall be surrounded by a
perimeter fence. In addition, the anchors or guy lines shall not be located closer
than 12 metres from a lot line. The maximum height of the commercial tower shall
be 92 metres.
5.1.10 A1-7 Exception 7 to the Agricultural-1 Zone
Lands described as Part Lot 28, Concession 15, geographic Township of Sombra,
within the A1-7 Zone, shall permit the uses of the A1 Zone, but notwithstanding any
provisions to the contrary, the minimum front yard depth shall be 15 metres and any
other provisions of the A1 Zone shall apply to lands zoned A1-7.
5.1.11 A1-8 Exception 8 to the Agricultural-1 Zone
Lands described as Part Lot "B", Concession 12, geographic Township of Sombra,
within the A1-8 Zone, shall permit the uses of the A1 Zone except for any
residential dwellings. Any new or expanding buildings, structures or uses, within the
A1-8 Zone, shall be subject to the building provisions of the A1 Zone.
5.1.12 A1-9 Exception 9 to the Agricultural-1 Zone
Lands described as Part Lot 10, Concession 8 in the former geographic Township
of Moore, shall permit a Fencing Depot in addition to the uses of the A1 Zone. Any
new or expanding buildings, within the A1-9 Zone, shall be subject to the provisions
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of the A1 Zone except the lot coverage shall be a maximum of 6 percent of the lot
area. Furthermore, a Fencing Depot shall be defined as the use of lands buildings
and structures for the warehousing of materials and equipment used in the
business of building fences and similar off-site projects.
5.1.13 A1-10 Exception 10 to the Agricultural-1 Zone
Lands described as Part Lot 27, Concession 5 of the former geographic Township
of Moore and zoned A1-10 shall permit a small-scaled industrial type-2 use,
accessory commercial uses, commercial warehousing, accessory open storage,
and uses, building or structures accessory thereto, in addition to any other
permitted use of the A1 Zone.
The agricultural site regulations of the A1 Zone shall apply to the small-scaled
Industrial Type 2 use, the accessory commercial uses and open storage.
Notwithstanding any provision to the contrary, a maximum gross floor area of all
industrial / commercial buildings, in the A1-10 Zone, shall not exceed 300 square
metres. Notwithstanding any provision to the contrary, the open storage of lands
within the A1-10 Zone shall only be permitted directly behind the industrial /
commercial buildings. All other A1 uses shall comply with the site regulations of the
A1 Zone.
Furthermore, "Small-Scaled" when used in conjunction with industrial or commercial
uses shall be defined as those commercial or industrial uses which exceed the
provisions of a Home Occupation or Home Industry, but do not exceed the
following: employ no more than the equivalent of five full time employees in addition
to the owner or his family; occupies a structure not exceeding 300 square metres in
area; is recognized through an appropriate zoning By-Law amendment; and
outdoor storage and display is limited to an area not greater than 750 square
metres.
5.1.14 A1-11 Exception 11 to the Agricultural-1 Zone (B/L 63/03)
For lands zoned A1-11 in Becher, open space and agricultural uses that are
exclusive of buildings shall be the only permitted uses on lands zone A1-11.
Notwithstanding any provision to the contrary, the lands zoned A1-11 shall not
require a minimum lot area nor a minimum lot frontage.
5.1.15 A1-12 Exception 12 to the Agricultural -1 Zone (B/L 3/04)
For lands zoned A1-12, a truck transport terminal shall be considered a permitted
use in addition to uses of the A1 Zone.
In addition to the A1 Zone provisions, the Truck Transport Terminal shall have a
minimum of 1 parking space per 100 square metres of gross floor area.
Notwithstanding any provision to the contrary, the access lane and parking may be
Township of St. Clair Comprehensive Zoning By-Law
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surfaced with dust controlled gravel with the exception of a 60 metre asphalt portion
abutting the public street.
The front yard setback for a Truck Transport Terminal buildings and structures in
the A1-12 Zone shall be a minimum of 100 metres; however, the front yard setback
for the Truck Transport Terminal Open Storage (truck storage) Area in the A1-12
Zone shall be a minimum of 76 metres.
The side yard setback for a Truck Transport Terminal buildings or structures in the
A1-12 Zone shall be a minimum of 80 metres; however, the side yard setback for
the open storage (truck parking) area in the A1-12 Zone shall be a minimum of 18
metres.
The minimum rear yard setback for a Truck Transport Terminal buildings, structures
or open storage (truck parking) area shall be limited by the extent of the A1-12
Zone.
There shall be a minimum of one loading space.
There shall be no outside storage of derelict vehicles.
The entrance of the Transport Truck Terminal shall not be any closer than 70
metres to a residential dwelling.
5.1.17 A1-ND (Agricultural - No Dwelling) (B/L 77/05)
Notwithstanding Subsection 15.1.1(c), a single detached dwelling is not included as
a permitted use for lands zoned A1-ND. All other provisions of the A1 Zone and
By-Law 17 of 2003 shall apply for lands zoned A1-ND.
5.1.18 A1-14 Exception 14 to the Agricultural -1 Zone (B/L 20/06)
Notwithstanding any provisions to the contrary, the minimum lot area shall be 11.6
hectares and the minimum lot frontage shall be 120 metres, in addition to all other
provisions of the A1 zone for lands zoned A1-14.
5.1.19 A1-ND1 Exception 1 to the Agricultural -No Dwelling Zone (B/L 15/08)
Notwithstanding Subsection 5.1.1(c), a single detached dwelling is not included as a
permitted use for lands zoned A1-ND1. The minimum size of a lot in the A1-ND1
zone is 29.1 hectares.
5.1.20 A1-ND2 Exception 2 to the Agricultural -No Dwelling Zone (B/L 32/08)
Notwithstanding Subsection 5.1.1(c), a single detached dwelling is not included as
a permitted use for lands zoned A1-ND2. The minimum size of a lot in the A1-ND2
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zone is 18.6 hectares. All other provisions of the A1 Zone and By-Law 17 of 2003
apply for lands zoned A1-ND2.
5.1.21 A1-15 Exception 15 to the Agricultural -1 Zone (B/L 34/08)
Notwithstanding Subsection 4.9.4 and any other provisions of By-Law 17 of 2003 to
the contrary, two single-detached dwellings shall be permitted on lands described
as East ½ Lot 19, Concession 3, geographic Township of Moore, Township of St.
Clair (1194 Oil Springs Line) for a period of 10 years from the date of the passing of
this By-Law.
For the purposes of this By-Law, the dwelling that existed prior to this By-Law shall
be considered a "garden suite" and subject to a temporary use agreement.
Notwithstanding any provisions of this By-law to the contrary, the existing front yard,
side yard and rear yard setbacks of the existing buildings shall be deemed to be in
conformity with this By-Law. Any new buildings, including the new dwelling, shall
be subject to all the provisions of the A1 Zone.
5.1.22 A1-16 Exception 16 to the Agricultural -1 Zone (B/L 11/11)
Notwithstanding Section 5.1.1(a) to the contrary, no livestock facilities shall be
permitted on the parcel known as 149 Mandaumin Road and created by consent
application B-08/10 granted by the St. Clair Township Committee of Adjustment on
June 28, 2010, and further no existing structures shall have legal non-conforming
status as livestock facilities as per the conditions of the said consent.
5.1.23 A1-17 Exception 17 to the Agricultural -1 Zone (B/L 5A/12)
Notwithstanding Section 5.1.1(a) to the contrary, no livestock facilities shall be
permitted on the parcel known as 2877 Waterworks Road and created by consent
application B-05/11 granted by the St. Clair Township Committee of Adjustment on
August 24, 2011, and further no existing structures shall have legal non-conforming
status as livestock facilities as per the conditions of the said consent.
5.1.24 A1-ND3 Exception 3 to the Agricultural - No Farm Dwelling Zone (B/L 31/12)
Notwithstanding Subsection 5.1.1(c), a single detached dwelling is not included as
a permitted use for lands zoned A1-ND3. The minimum size of a lot in the A1-ND3
zone is 37.7 hectares. No livestock facilities shall be permitted. All other provisions
of the A1 Zone and By-Law 17 of 2003 apply for lands zoned A1-ND3.
5.1.25 A1-18 Exception 18 to the Agricultural -1 Zone (B/L 31/12)
Lands described as North Part Lot A, Concession 5, geographic Township of
Sombra (63 West Pointe Line), within the A1-18 Zone, shall permit the uses of the
A1 Zone but, notwithstanding any provisions to the contrary, the minimum rear yard
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depth shall be 5 metres and any other provisions of the A1 Zone shall apply to
lands zoned A1-18. The minimum size of a lot in the A1-18 zone shall be 2 acres.
A1-18 Exception 18 to the Agricultural -1 Zone (B/L 35/13)
Notwithstanding any provisions to the contrary, the Minimum Lot Area shall be 10
hectares, the Minimum Lot Frontage shall be 5.7 metres and the Minimum Front
Yard shall be 88 metres, in addition to all other provisions of the A1Zone and the
Comprehensive Zoning By-Law, for A1 permitted uses within lands zoned A1-20.
(Part Lot D, Con 9, geographic Township of Sombra)
5.1.26 A1-19 Exception 19 to the Agricultural -1 Zone (B/L 28/13)
Notwithstanding Section 5.1.1(a) to the contrary, no livestock facilities shall be
permitted on the parcel known as 1887 Lasalle Line and created by consent
application B-01/13 granted by St. Clair Township Committee of Adjustment on
April 24, 2013, and further no existing structures shall have legal non-conforming
status as livestock facilities as per the conditions of said consent.
5.1.27 A1-ND4 Exception 4 to the Agricultural - No Farm Dwelling Zone
(B/L 53/13)
Notwithstanding Subsection 5.1.1(c), a single detached dwelling is not included as
a permitted use for lands zoned A1-ND4. The minimum size of a lot in the A1-ND4
zone is 29.3 hectares. All other provisions of the A1 Zone and By-Law 17 of 2003
apply for lands zoned A1-ND4.
5.1.28 A1-20 Exception 20 to the Agricultural -1 Zone (B/L 53/13)
Notwithstanding Section 5.1.1(a) to the contrary, no livestock facilities shall be
permitted on the parcel known as 950 Stanley Line and created by consent
application B-04/13 granted by St. Clair Township Committee of Adjustment on
August 26, 2013, and further no existing structures shall have legal non-confirming
status as livestock facilities as per the conditions of said consent.
5.1.29 A1-ND5 Exception 5 to the Agricultural - No Farm Dwelling Zone
(B/L 2/14)
Notwithstanding Subsection 5.1.1(c), a single detached dwelling is not included as
a permitted use for lands zoned A1-ND5. The minimum size of a lot in the A1-ND5
zone is 7.97 hectares. All other provisions of the A1 Zone and By-law 17 of 2003
apply for lands zoned A1-ND5.
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5.1.30 A1-21 Exception 21 to the Agricultural -1 Zone (B/L 22/14)
Notwithstanding any provisions to the contrary, the minimum lot area shall be 29.5
hectares and the minimum lot frontage shall be 341 metres, in addition to all other
provisions of the A1 zone for lands zoned A1-21.
5.1.31 A1-ND6 Exception 6 to the Agricultural - No Farm Dwelling Zone
(B/L 22/15)
Notwithstanding Subsection 5.1.1(a), to the contrary, no livestock facilities shall be
permitted on the parcel known as South Part Lot 26, Concession 9, geographic
Township of Sombra, Township of St. Clair, and created by consent application
B14/14 granted by the St. Clair Township Committee of Adjustment on December
22, 2014, and further no existing structures shall have legal non-conforming status
as livestock facilities as per the conditions of said consent.
5.1.32 A1-ND7 Exception 7 to the Agricultural - No Farm Dwelling Zone
(B/L 59/15)
NotwithstandingSection 5.1.1(a) to the contrary, a single detached dwelling is not
included in an A1-ND7 zone on the parcel known as South Part Lot 15, Concession
5, geographic Township of Sombra, Township of St. Clair, and created by consent
application B-13/14 granted by the St. Clair Township Committee of Adjustment on
November 24, 2014. The minimum size of a lot in the A1-ND7 is 20 hectares and
all other provisions of the A1 Zone and By-law 17 of 2003 apply.
5.1.33 A1-22 Exception 22 to the Agricultural -1 Zone (B/L 59/15)
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands known municipally as 189 Kimball Road, North Part Lot 15, Concession
5, geographic Township of Sombra, Township of St. Clair:
i)
minimum lot area of 20 hectares
ii)
no livestock facilities shall be permitted on the subject parcel
All other provisions of the A1 Zone shall apply to this property.
5.1.34 A1-23 Exception 23 to the Agricultural -1 Zone (B/L 51/17)
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands known municipally as Concession 10, East Part Lot 22, East ½ Lot 22
(885 Petrolia Line):
i)
A minimum lot area of 10.1 hectares
ii)
Existing livestock facilities shall be permitted to continue with no expansion
permitted (as of November 6, 2017).
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5.1.35 A1-ND8 - Exception 8 to the Agricultural - No Farm Dwelling Zone
(B/L 51/17)
Notwithstanding Subsection 15.1.1 (c), a single detached dwelling is not included as
a permitted use for the subject lands. The minimum size of a lot in the A1-ND8
zone is 20.2 hectares. All other provisions of the A1 Zone and By-law Number 17
of 2003 apply.
5.1.36 Temporary Use By-law
(B/L 51/17)
Notwithstanding any provision in this by-law to the contrary, two single detached
dwellings shall be permitted on a lot identified in Schedule A-51 for a period of no
greater than fifteen (15) years from the passing of the implementing by-law and
subject to the general provisions of the by-law. (expires July 16, 2033)
5.1.37 A1-ND9 - Exception 9 to the Agricultural - No Farm Dwelling Zone
(B/L 19/19)
Notwithstanding Subsection 15.1.1 (c), a single detached dwelling is not included as
a permitted use for lands zoned A1-ND9. The minimum size of the lot shall be 36.3
hectares. All other provisions of the A1 Zone and By-law 17 of 2003 apply.
5.1.38 A1-ND10 - Exception 10 to the Agricultural - No Farm Dwelling Zone
(B/L 32/19)
Notwithstanding Subsection 15.1.1 (c), a single detached dwelling is not included as
a permitted use for lands zoned A1-ND10. The minimum size of the lot shall be
38.7 hectares. All other provisions of the A1 Zone and By-law 17 of 2003 apply.
5.1.39 A1-24 - Exception 24 to the Agricultural - 1 Zone (B/L 47/19)
Notwithstanding any provision of By-law 17 of 2003 to the contrary, for lands zoned
A1-38 in rural St. Clair Township, a second dwelling unit, no larger than 75 m2 in
floor, situated in a detached accessory building, no larger than 328 m2 in floor area
and not separated any farther than 32 metres from the principal dwelling, shall be
permitted in addition to the uses of the A1 zone.
5.1.40 A1-ND11 - Exception 11 to the Agricultural -No Farm Dwelling Zone
(B/L 58 of 2022)
Notwithstanding Subsection 5.1.1(a), to the contrary, no livestock facilities shall be
permitted on the parcel known as Concession 8, South Part Lot B, Township of St.
Clair, and created by consent application B17/21 granted by the St. Clair Township
Committee of Adjustment on November 22, 2021, and further no existing structures
shall have legal non-conforming status as livestock facilities as per the conditions of
said consent.
Township of St. Clair Comprehensive Zoning By-Law
96
5.1.41 A1-25 - Exception 25 to the Agricultural -1 Zone (B/L 58 of 2023)
For lands zoned A1-25 on CON 11 E PT LOT 3 PT LOT 2 PT W ¼ LOT 2 PT E ¼
LOT 3, 2782 Petrolia Line, geographic township of Moore, Township of St. Clair,
County of Lambton, an existing kennel and uses accessory thereto shall be
permitted on the undersized parcel.
Township of St. Clair Comprehensive Zoning By-Law
97
5.2
AGRICULTURAL-A1-R (Agricultural-Non-Farm Rural Residential) (B/L 33/06)
5.2.1 Permitted Uses
(a)
Single Detached Dwelling
(b)
Day Nursery
(c)
Day Care Facility
(d)
Bed & Breakfast Establishment
(e)
Home Occupation
(f)
Buildings, structures and uses accessory to a permitted use including a
garage/yard sale
5.2.2 Gross Floor Area
85 square metres minimum for a one storey dwelling, 70 square metres on the
ground floor for a dwelling with more than one storey.
5.2.3 Provisions
(a)
Minimum Lot Area
8000 square metres
(b)
Minimum Lot Frontage
50 metres
(c)
Maximum Lot Coverage
30 percent
(d)
Minimum Front Yard Setback
20 metres
(e)
Minimum Interior Side Yard
3 metres
(f)
Minimum Interior Side Yard
1.2 metres
without attached garage
(g)
Minimum Exterior Side Yard Setback
20 metres
(h)
Minimum Rear Yard Setback
7.5 metres
(i)
Maximum Building Height
10.5 metres
(j)
Minimum Landscaping
40 percent
5.2.4 A1-R1 Exception 1 to Agricultural-Non Farm Rural Residential (B/L 33/07)
Notwithstanding any provisions to the contrary, the minimum permitted lot size will
be 5500 m2, the minimum required rear yard setback for accessory structures will
be 1 metre and the minimum interior side yard setback for accessory structures will
be 1 metre, in addition to all other provisions of the A1-R zone, for lands zoned A1-
R1.
5.2.5 A1-R2 Exception 2 to Agricultural-Non Farm Rural Residential (B/L 15/08)
For lands zoned A1-R2 the minimum lot size will be 6.6 hectares. Only one
dwelling will be pemitted on any lot zoned A1-R2. All other provisions of the A1-R
zone apply to lots in the A1-R1 zone.
Township of St. Clair Comprehensive Zoning By-Law
98
5.2.6 A1-R3 Exception 3 to Agricultural-Non Farm Rural Residential (B/L 64/08)
Notwithstanding the minimum size requirement of 8000 m2 for a lot in the A1-R
zone, the minimum size of a lot in the A1-R3 zone shall have a minimum of 0.4
hectares (4000 m2). All other provisions of the A1-R zone apply to properties in this
zone.
5.2.7 A1-R4 Exception 4 to Agricultural-Non Farm Rural Residential (B/L 75/08)
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands described as Concession 10, North Part Lot 16, geographic township of
Sombra, Township of St. Clair:
i)
minimum frontage of 170 metres
ii)
minimum lot area of 7.9 acres
Only one single detached residential unit per lot is permitted in this zone. Before
the issuance of any building permit in this zone, the location and working condition
of the private sewage system must be confirmed to the satisfaction of the Building
Department. Any required upgrades must be completed prior to the issuance of a
"change of use" permit.
Only the remediated section of the former auction hall can be converted into
liveable space.
5.2.8 A1-R5(h) Exception 5 to Agricultural-Non Farm Rural Residential Zone with
Holding Symbol (B/L 47/10)
For lands zoned A1-R5(h), the existing single-detached dwelling and the existing
accessory buildings as located at the date of passing of the By-Law, shall be
permitted; however no replacement or expansion shall be permitted without
removing the holding symbol.
Notwithstanding provisions to the contrary, for lands zoned A1-R5, the permitted
uses shall include a single-detached dwelling and accessory buildings/uses, the
minimum front yard shall be 9 metres and the minimum exterior side yard shall be
7.5 metres in addition to the remaining provisions of the A1-R zone.
The holding (h) symbol of the A1-R5(h) Zone shall be removed pursuant to Section
36 of the Planning Act S.O. 1996, c. 4 only upon the completion of a brownfield
study to the satisfaction of the Township of St. Clair.
Township of St. Clair Comprehensive Zoning By-Law
99
5.2.9 A1-R6 Exception 6 to Agricultural-Non Farm Residential Zone (B/L 52/13)
For lands zoned A1-R6, the existing principal building, as located at the date of
passing of the by-law, shall be permitted as a single-detached residential dwelling,
notwithstanding any provisions to the contrary.
Notwithstanding any provisions to the contrary, the following provisions shall apply
to a new principal building:
Minimum Lot Area
2000 square metres
Minimum Lot Frontage
45 metres
Minimum Front Yard
12.6 metres
Minimum Exterior Yard
12.6 metres
Minimum Rear Yard
7.5 metres
Minimum Interior Side Yard
3 metres
Minimum Lot Coverage
35%
Minimum Distance Separation
210 metres
5.2.10 A1-R7 Exception 7 to Agricultural-Non Farm Rural Residential (B/L 22 /15)
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands known municipally as 2566 Tulloch Line, South Part Lot 26,
Concession 9, geographic Township of Sombra, Township of St. Clair:
i)
minimum lot area of 0.78 hectares
ii)
no livestock facilities shall be permitted on the subject parcel and further no
existing structures shall have legal non-conforming status as livestock
facilities.
All other provisions of the A1-R Zone shall apply to this property.
5.2.11 A1-R8 Exception 8 to Agricultural-Non Farm Rural Residential (B/L 22 /16)
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands known municipally as 2758 Rokeby Line, Part Lot 2, South ½ and Part
North ½ Lot 3, Concession 9, geographic Township of Moore, Township of St. Clair:
i)
minimum lot area of 0.79 hectares
Township of St. Clair Comprehensive Zoning By-Law
100
5.2.12 A1-R9 Exception 9 to Agricultural-Non Farm Rural Residential (B/L 41/18)
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands known municipally as 450 Lambton Line, South Part Lot 5, Concession
7, Geographic Township of Sombra, Township of St. Clair:
i)
minimum lot area of 0.58 hectares
ii)
interior side yard setback of 1.8 metres
iii)
rear yard setback of 3 metres
All other provisions of the A1-R Zone shall apply to this property.
5.2.13 A1-R10 Exception 10 to Agricultural-Non Farm Rural Residential (B/L 10/20)
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands known municipally as 1731 Baby Road, Concession 13, Part Lots 13 &
14, Township of St. Clair:
i)
minimum lot area of 0.44 hectares
ii)
rear yard setback of 3 metres
5.2.14 A1-R11 Exception 11 to Agricultural-Non Farm Rural Residential (B/L 52/21)
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands known municipally as 2742 Burman Line, South Part Lot 28,
Concession 13, Township of St. Clair:
i)
no livestock facilities shall be permitted on the subject parcel and further no
existing structures shall have legal non-conforming status as livestock
facilities.
All other provisions of the A1-R Zone shall apply to this property.
5.2.15 A1-R13 Exception 13 to the Agricultural - Non-Farm Rural Residential Zone
(B/L 40 of 2023)
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands municipally known as 793 Brigden Road, Concession 8, North ½ Lot
25, Township of St. Clair:
i) no livestock facilities shall be permitted on the subject parcel and further no
existing structures shall have legal non-conforming status as livestock facilities.
All other provisions of the A1-R Zone shall apply to this property.
Township of St. Clair Comprehensive Zoning By-Law
101
6
RESIDENTIAL ZONES
6.1
RESIDENTIAL-1 (R1) ZONE
(low-density residential)
6.1.1 Permitted Uses
(a)
Single Detached Dwelling;
(b)
Day Nursery;
(c)
Day Care Facility;
(d)
Bed and Breakfast Establishment;
(e)
Home Occupation; and
(f)
Buildings, Structures and Uses accessory to a permitted use including a
Garage/Yard Sale.
6.1.2 Gross Floor Area
85 square metres minimum for a one storey single detached dwelling; 70 square
metres on the ground floor for a single detached dwelling with more than one
storey.
6.1.3 R1-SC Residential-1 with a Shoreline Constraint (SC) Provision
Lands within a Residential-1 Zone with a SC suffix shall permit uses of the R1
zone subject to the provisions of the Residential-1 Zone and the following
shoreline constraint provisions.
In addition to all other requirements and setback provisions of this By-Law, all
proposals for new development shall be accompanied by a site by site assessment
regarding slope stability before a building permit may be issued within 15 metres of
Top-of-bank. Where beyond the 15 setback, a slope study may be required if
deemed necessary by the Building Inspector. The Corporation of the Township of
St. Clair will require a geological, geo-technical or such other study as the Township
deems necessary and consultation with the St. Clair Region Conservation Authority
prior to the issuance of a building permit. Where a geological, geo-technical or such
other study as the Township deems necessary is carried out and indicates that
greater setbacks are required than found in the specific zone within which the
subject property is located, the setbacks established in the study shall take
precedence over other zone regulations. The slope study shall address all slope
stability issues deemed necessary and may require a peer review at the property
owners' expense.
Where a geological, geo-technical or such other study as the Township deems
necessary is carried out, a professional geo-technical engineer in conjunction with
the building inspector shall monitor the implementation of the study and the
development. Following construction, the geotechnical engineer will provide
Township of St. Clair Comprehensive Zoning By-Law
102
certification that the new development has been carried out as per the design. The
costs for design, monitoring and certification are to be borne by the proponent.
6.1.4 R1-h1 Residential-1 with Holding Provision 1
Lands within the R1-h1 Zone shall permit uses lawfully existing on the date of
passing of this By-Law. The holding (h1) symbol of the R1-h1 Zone shall be
removed pursuant to Section 36 of the Planning Act S.O. 1996, c.4 only upon the
granting of draft approval of a plan of subdivision on the subject lands.
6.1.5 R1-h2 Residential-1 with Holding Provision 2
Lands within the R1-h2 Zone shall permit uses lawfully existing on the date of
passing of this By-Law. The holding (h2) symbol of the R1-h2 Zone shall be
removed pursuant to Section 36 of the Planning Act S.O. 1996, c.4 only upon
obtaining appropriate sewage capacity as well as the granting of draft approval of a
plan of subdivision on the subject lands.
6.1.6 R1-1 Exception 1 to the Residential-1 (low-density) Zone
Lands described as Block "A" of Plan 600, Corunna, and zoned R1-1, shall permit a
funeral parlour and chapel in addition to the uses permitted by the R1 Zone. Any
new or expanding buildings, structures or uses, within the R1-1 Zone, shall be
subject to the building provisions of the R1 Zone.
6.1.7 R1-2 Exception 2 to the Residential-1 (low-density) Zone
Lands described as Lots 1, 11 & 12 of 25R-6978, Port Lambton, and zoned R1-2,
shall permit the uses of the R1 Zone, but nothwithstanding any provisions to the
contrary, the minimum exterior side yard shall be 4 metres. Any new or expanding
buildings, structures or uses, within the R1-2 Zone, shall be subject to all other
provisions of the R1 Zone.
6.1.8 R1-3 Exception 3 to the Residential-1 (low-density) Zone
(Fromfield, riverfront and Wilkesport) Notwithstanding the minimum lot size and lot
frontage requirements of the R1 Zone, lands zoned R1-3 shall have a minimum lot
size for new lots measuring 0.8 hectares and a minimum lot frontage of 40 metres
until such time as the lands are serviced by municipal sanitary infrastructure.
6.1.9 R1-4 Exception 4 to the Residential-1 (low-density) Zone
In addition to the permitted uses of the R1 Zone, lands described as Part Lot 58,
Front Concession, Part 1 of 25R-7140 in Corunna and within the R1-4 Zone shall
permit a church or school subject to the provisions of the I1 Zone.
Township of St. Clair Comprehensive Zoning By-Law
103
6.1.10 R1-5 Exception 5 to the Residential-1 (low-density) Zone (B/L 47/04)
For lands zoned R1-5, a group home as well as the uses of the R1 Zone shall be
permitted within the R1-5 Zone. Furthermore, the provisions of the R1 zone shall
apply to the permitted uses of the R1-5 Zone.
For the purposes of this By-Law, a Group Home shall mean a residential dwelling in
which up to 4 unrelated residents who have developmental disabilities, live as a
single housekeeping unit with responsible supervision consistent with the
requirements of the residents. Residents exclude staff. The home is licensed or
approved under provincial statute(s). This facility shall not include persons who
have been placed on probation under the provisions of Acts such as the Criminal
Code, the Young Offenders Act, the Ministry of Correctional Services Act, or the
Parole Act.
6.1.12 R1-6 Exception 6 to the Residential-1 (low-density) Zone (B/L 19/06)
Notwithstanding Subsection 6.1.1(a), a second dwelling unit is permitted within the
principle building, in addition to a single-detached dwelling, for lands zoned R1-6.
All other provisions concerning a single detached dwelling within a R1 Zone and
provisions of By-Law 17 of 2003 shall apply to the single-detached dwelling and/or
second dwelling for lands zoned R1-6. In addition the following provisions shall
apply to lands zoned R1-6:
No Dwelling Unit shall be less than 65 square metres gross floor area.
6.1.13 R1-7 Exception 7 to the Residential-1 (low-density) Zone (B/L 44/07)
Notwithstanding any provisions to the contrary, the minimum permitted lot size will
be 3841 square metres, the minimum frontage will be 30 metres, the minimum rear
yard setback will 7.5 metres, and the required side yard setbacks will be 2 metres
on one side and 4 metres on the other (with or without an attached garage). The
minimum exterior side yard setback is 6 metres. The front yard setback will be the
established building line or 6 metres if no existing established building line.
The maximum lot coverage is 25% and the minimum open landscape area is 40%.
The maximum building height is 10.5 metres.
6.1.14 R1-8 Exception 8 to the Residential-1 (low-density) Zone (B/L 55/07)
For lands zoned R1-8, the uses of the R1 Zone shall be permitted for lots within a
plan of subdivision created under the Planning Act and where acoustical measures
are in place, including a sound wall a minimum of 2 metres in height along St. Clair
Boulevard and an earthen berm along the CSX Rail approximately 1.5 metres in
height.
Township of St. Clair Comprehensive Zoning By-Law
104
6.1.15 R1-SC1 Exception 1 to the Residential-1 with a Shoreline Constraint (SC)
Provision (B/L 27/09)
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands described as Plan 413, Lot 381, geographic township of Moore,
Township of St. Clair.
Only one single detached residential unit per lot is permitted in this zone. All
provisions of the R1-SC Zone apply in addition to the following:
-
Front Yard setback is the Established Building Line measured from the lots
within 60 meters to the north on the west side of Beresford Street;
-
Any setbacks recommended by required geo-technical studies supersede
setbacks found in this By-Law and become the requirements
-
Each lot must have separate vehicular access and room for at least one
parking space
-
Any dwelling which pre-dates the By-Law in 2003 is deemed to comply.
6.1.16 R1-9 Exception 9 to the Residential-1 (low-density) Zone (B/L 39/10)
For lands zoned R1-9, the uses of the R1 Zone shall be permitted without a berm
provided a fence is erected along the lot line abutting the CSX Rail or St. Clair
Boulevard in accordance to the required acoustic measures of the subdivision and
to the satisfaction of the Township; and, any dwelling is a minimum of 30 metres
from the rail property line.
6.1.17 R1-10 Exception 10 to the Residential-1 Zone (B/L 39/15)
For lands zoned R1-10, a "second dwelling unit" shall be permitted on top of an
accessory building subject to the "second dwelling unit provisions" of Section 4.33
of the comprehensive zoning by-law, notwithstanding those provisions of the by-law
contrary to the following:
a)
A second dwelling unit may be permitted on a second storey on top of an
accessory building in a new building,
b)
A second dwelling unit may include doorways accessing the front of the
building,
c)
A second dwelling unit in an accessory building shall not be higher than 6.8
metres to the peak of the roof,
d)
The side yard setback for an accessory building with a second unit shall be
1.2 metres, and
Township of St. Clair Comprehensive Zoning By-Law
105
e)
The rear yard setback for an accessory building with a second unit shall be
2.4 metres.
f)
The maximum lot coverage for accessory buildings with a second unit shall
be 67 square metres notwithstanding any provision in the zoning by-law.
Township of St. Clair Comprehensive Zoning By-Law
106
6.2.
RESIDENTIAL-2 (R2) ZONE
(transition towards medium-density residential)
6.2.1 Permitted Uses
(a)
Single Detached Dwelling; or
(b)
Semi-Detached Dwelling; or
(c)
Duplex Dwelling; or
(d)
Converted Dwelling-1 additional unit.
(e)
Day Nursery;
(f)
Day Care Facility;
(g)
Boarding House;
(h)
Bed and Breakfast Establishment;
(i)
Home Occupation; and
(j)
Buildings, structures and uses accessory to a permitted use including a
Garage/Yard Sale.
6.2.2 Gross Floor Area:
85 square metres minimum for a one storey single detached dwelling; 70 square
metres on the ground floor for a single detached dwelling with more than one
storey; 70 square metres minimum for each unit in a duplex dwelling or semi-
detached dwelling unit; and 55 square metres minimum per dwelling unit in a
converted dwelling.
6.2.3 R2-SC Residential-2 with a Shoreline Constraint Provision
Lands within a Residential-2 Zone with a SC suffix shall permit uses of the R2
zone subject to the provisions of the Residential-2 Zone and the following
shoreline constraint provisions.
In addition to all other requirements and setback provisions of this By-Law, all
proposals for new development shall be accompanied by a site by site assessment
regarding slope stability before a building permit may be issued within 15 metres of
Top-of-bank. Where beyond the 15 setback, a slope study may be required if
deemed necessary by the Building Inspector. The Corporation of the Township of
St. Clair will require a geological, geo-technical or such other study as the Township
deems necessary and consultation with the St. Clair Region Conservation Authority
prior to the issuance of a building permit
The slope study shall address all slope stability issues deemed necessary and may
require a peer review at the property owners' expense.
Where a geological, geo-technical or such other study as the Township deems
necessary is carried out and indicates that greater setbacks are required than found
Township of St. Clair Comprehensive Zoning By-Law
107
in the specific zone within which the subject property is located, the setbacks
established in the study shall take precedence over other zone regulations.
Where a geological, geo-technical or such other study as the Township deems
necessary is carried out, a professional geo-technical engineer in conjunction with
the building inspector shall monitor the implementation of the study and the
development. Following construction, the geotechnical engineer will provide
certification that the new development has been carried out as per the design. The
costs for design, monitoring and certification are to be borne by the proponent
6.2.4 R2-h1 Residential-2 with Holding Provision 1
Lands within the R2-h1 Zone shall permit uses lawfully existing on the date of
passing of this By-Law. The holding (h1) symbol of the R2-h1 Zone shall be
removed pursuant to Section 36 of the Planning Act S.O. 1996, c.4 only upon the
granting of draft approval of a plan of subdivision on the subject lands.
6.2.5 R2-h2 Residential-2 with Holding Provision 2
Lands within the R2-h2 Zone shall permit uses lawfully existing on the date of
passing of this By-Law. The holding (h2) symbol of the R2-h2 Zone shall be
removed pursuant to Section 36 of the Planning Act S.O. 1996, c.4 only upon
obtaining appropriate sewage capacity as well as the granting of draft approval of a
plan of subdivision on the subject lands.
6.2.6 R2-1 Exception 1 to the Residential-2 Zone
Lands described as Part Lots 239 & 240, Plan 413, Corunna, and zoned R2-1
shall permit townhouses and freehold townhouses in addition to the uses of the R2
Zone. Notwithstanding any zone regulation to the contrary, the following provisions
shall apply to the lands zoned R2-1:
Provisions for Townhouses
(a)
Minimum Lot Area:
(i) First 4 dwelling Units -
1000 square metres
(ii) Additional Dwellings -
100 square metres per unit
(b)
Minimum Lot Frontage -
9 metres per dwelling unit
(c)
Minimum Front Yard -
7.5 metres
(d)
Minimum Side Yard:
(i) Exterior -
6 metres
(ii) no side yard is required when a freehold townhouse dwelling unit is
attached to another freehold townhouse unit.
Township of St. Clair Comprehensive Zoning By-Law
108
(iii) The minimum interior side yard setback shall be 1.2 metres between any
eave projection and the side lot line when the opposing lands are zoned the
same zone, otherwise the minimum interior side yard setback shall be 3
metres.
(e)
Minimum Rear Yard -
6.8 metres
(f)
Maximum Lot Coverage -
30 percent
(g)
Minimum Open Space -
30 percent
(h)
Parking for each dwelling unit shall require a minimum of 2 spaces for
parking but may include stacked parking spaces permitted in the front yard.
(i)
In addition to the height provisions of the R2 Zone, the townhouse shall be
limited to one storey.
(j)
A fence constructed of solid opaque materials and measuring at least 1.5
metres in height shall be required along the side or rear lot lines where such
lot lines do not abut another parcel of land zoned with the same zone.
Provisions for Semi-detached Dwellings
(a)
Minimum Lot Area -
275 square metres per unit
(b)
Minimum Lot Frontage -
9 metres per dwelling unit
(c)
Minimum Front Yard
6 metres
(d)
Minimum Side Yard
(i) Exterior -
6 metres
(ii) no side yard is required when a freehold dwelling unit is attached to
another freehold semi-detached dwelling unit.
(iii) The minimum interior side yard setback shall be 1.2 metres between any
eave projection and the side lot line when the opposing lands are zoned the
same zone, otherwise the minimum interior side yard setback shall be 3
metres.
(e)
Minimum Rear Yard -
6.8 metres
(f)
Maximum Lot Coverage -
30 percent
(g)
Minimum Open Space -
30 percent
(h)
Parking for each dwelling unit shall require a minimum of 2 spaces for
parking but may include stacked parking spaces permitted in the front yard.
(i)
A fence constructed of solid opaque materials and measuring at least 1.5
metres in height shall be required along the side or rear lot lines where such
lot lines do not abut another parcel of land zoned the same zone.
6.2.7 R2-2 Exception 2 to the Residential -2 Zone
Lands described as Lots 1-11, Lots 34-48, Blocks 51 and 52, Oak Court and part of
Maple Drive Plan 25M-21, may permit single detached dwellings, semi-detached
Township of St. Clair Comprehensive Zoning By-Law
109
dwellings, and duplex dwellings, and uses accessory thereto, using the following
development standards.
6.2.7.1
Notwithstanding any provisions to the contrary, the following provisions shall apply
to single detached dwellings, semi-detached dwellings, and duplex dwellings on
lands zoned R2-2:
Interior Side Yard Width (minimum):
1.2 metres (if attached garage)
0.0 metres (common wall, for semi-detached dwellings)
Exterior Side Yard Width (minimum):
4.5 metres
Lot Coverage (maximum):
35%
All other provisions for single detached dwellings, semi-detached dwellings and
duplex dwellings on lands zoned R2-2 shall comply with the regulations for the
Residential-2 Zone, as identified in Table "A" to this By-law.
Township of St. Clair Comprehensive Zoning By-Law
110
6.3
RESIDENTIAL-3 (R3) ZONE
(transition from medium to high density residential)
6.3.1 Permitted Uses
(a)
Triplex Dwelling; or
(b)
Townhouse Dwelling; or
(c)
Freehold Townhouse; or
(d)
Multiple Dwelling; or
(e)
Converted Dwelling-2 additional units.
(f)
Day Nursery;
(g)
Day Care Facility;
(h)
Boarding House;
(i)
Bed and Breakfast Establishment;
(j)
Home Occupation; and
(k)
Buildings, Structures and Uses accessory to a permitted use including a
Garage/Yard Sale.
6.3.2 Gross Floor Area
55 square metres minimum per dwelling unit (For example, in a Triplex Dwelling,
the minimum gross floor area shall be (3x55) 165 square metres in total or 55
square metres per level.) (In a Four-unit Multiple Dwelling, the minimum gross floor
area shall be 220 square metres in total or 55 square metres per dwelling unit).
6.3.3 R3-SC
Residential-3 with a Shoreline Constraint (SC) Provision
Lands within a Residential-3 Zone with a SC suffix shall permit uses of the R3
zone subject to the provisions of the Residential-3 Zone and the following
shoreline constraint provisions.
In addition to all other requirements and setback provisions of this By-Law, all
proposals for new development shall be accompanied by a site by site assessment
regarding slope stability before a building permit may be issued within 15 metres of
Top-of-bank. Where beyond the 15 setback, a slope study may be required if
deemed necessary by the Building Inspector. The Corporation of the Township of
St. Clair will require a geological, geo-technical or such other study as the Township
deems necessary and consultation with the St. Clair Region Conservation Authority
prior to the issuance of a building permit. The slope study shall address all slope
stability issues deemed necessary and may require a peer review at the property
owners' expense. Where a geological, geo-technical or such other study as the
Township deems necessary is carried out and indicates that greater setbacks are
required than found in the specific zone within which the subject property is located,
the setbacks established in the study shall take precedence over other zone
regulations.
Township of St. Clair Comprehensive Zoning By-Law
111
Where a geological, geo-technical or such other study as the Township deems
necessary is carried out, a professional geo-technical engineer in conjunction with
the building inspector shall monitor the implementation of the study and the
development. Following construction, the geotechnical engineer will provide
certification that the new development has been carried out as per the design. The
costs for design, monitoring and certification are to be borne by the proponent
6.3.4 R3-1 Exception 1 to the Residential-3 Zone
Lands described as Lots 7 & 8 E/S Merrit of Plan 6, Port Lambton, and zoned R3-1,
shall only permit townhouses with a maximum of four dwelling units and uses
accessory thereto. Notwithstanding any zone regulation to the contrary, the
following provisions shall apply to the lands zoned R3-1: Minimum lot area and
frontage as existing at the date of passing of this By-Law, minimum front yard of 7
metres, minimum interior side yard of 4.5 metres, minimum exterior side yard of 7
metres, minimum rear yard of 7 metres, maximum lot coverage of 35 percent,
minimum landscaped open space of 35 percent, maximum building height of one
storey, and parking may be permitted in the front yard.
6.3.5 R3-2 Exception 2 to the Residential-3 Zone
Lands described as Part Lot "E", Concession 6, Port Lambton, and zoned R3-2
shall only permit townhouses with a maximum of 4 dwelling units and uses
accessory thereto. Notwithstanding any provisions to the contrary, the following
provisions shall apply to the land Zone R3-2: Minimum lot area and frontage shall
be as existing at the date of passing of this By-Law, minimum front yard of 5.8
metres, minimum interior side yard of 9 metres, minimum exterior side yard of 6
metres, minimum rear yard of 2 metres, maximum lot coverage of 35 percent,
maximum building height of 1 storey, and a minimum of 7 on-site parking spaces in
the front yard.
6.3.6 R3-3 Exception 3 to the Residential-3 Zone
Lands described as Part Lot 415 of Plan 413, Corunna, and zoned R3-3, shall only
permit a multiple-dwelling (apartment) building and uses accessory thereto.
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands zoned R3-3: Minimum lot area and frontage shall be as existing at the
date of passing, minimum front yard shall be 8.9 metres, minimum interior side yard
of 6.6 metres for the main building and 0 metres for the parking structure, minimum
exterior side yard of 6.7 metres, minimum rear yard of 14 metres, maximum lot
coverage of 50 percent, minimum landscaped open space of 30 percent, maximum
main building height of 13 metres, maximum parking structure height of 4.5 metres,
minimum gross floor area of 100 square metres per dwelling unit, a minimum of 3
metres planting strip adjacent to a single-detached residential properties, a
minimum elevation for all openings in any buildings or structures of 177.6 metres
CGD, and the top of bank setback shall be from the waters edge.
Township of St. Clair Comprehensive Zoning By-Law
112
6.3.7 R3-4 Exception 4 to the Residential-3 Zone
Lands described as Part Lots 225 & 226 of Plan 413, Corunna, and zoned R3-4,
shall only permit townhouses or freehold townhouses and uses accessory thereto.
In regard to the freehold townhouse, the minimum lot area shall be 175 square
metres, except that on parts 26 and 27 the minimum lot area shall be 145 square
metres and on parts 13, 14, 17, 31 and 32 the minimum lot area shall be 160
square metres, the minimum lot frontage shall be 6 metres, the interior side yard
shall be 3 metres except where there is a common was the minimum side yard
shall be 0 metres, the minimum exterior side yard shall be 5 metres, the minimum
rear yard shall be 6 metres except that parts 10, 11, 15, 24 and 39 shall have a
minimum rear yard of 4.5 metres and parts 16, 17, 19, 20 and 38 shall have a
minimum rear yard of 3 metres, a maximum lot coverage of 40 percent, a minimum
landscaped open space of 30 percent, and a maximum height of 11 metres. In
regard to a (leasehold) townhouse, the minimum lot area shall be 1000 square
metres for the first four dwelling units and 100 square metres for each additional
dwelling unit, a minimum lot frontage of 30 metres, a minimum front, side, or rear
yard of 9 metres, a maximum lot coverage of 30 percent, and a maximum height of
4.5 metres. Furthermore, a detached garage may be permitted in the front yard.
6.3.8 R3-5 Exception 5 to the Residential-3 Zone
Lands described as Part Lot 55, Front Concession, Corunna, and zoned R3-5 shall
only permit semi-detached dwellings or freehold townhouses, comprising not more
than four dwelling units. Notwithstanding any provisions to the contrary, the
following provisions shall apply to the lands zoned R3-5: minimum lot area of 481
square metres per dwelling unit, minimum lot frontage of 9.75 metres, minimum
front yard setback of 7.5 metres, minimum interior side yard of 1.2 metres unless
there is a common wall, a minimum exterior side yard of 6 metres, a maximum lot
coverage of 40 percent, a minimum landscaped open space of 30 percent, a
maximum building height of 11 metres, and a minimum gross floor area of 100
square metres per dwelling unit.
6.3.9 R3-6 Exception 6 to the Residential-3 Zone with Holding Symbol(B/L-33 of
2022)
Lands described as Part Lot 415 of Plan 413, Corunna, and zoned R3-6, may
permit single-detached dwellings, townhouses, freehold townhouses dwellings, and
uses accessory thereto.
Notwithstanding any provisions to the contrary, the front lot line for lands zoned R3-
6 shall mean the lot line located adjacent to the Beckwith Street right-of-way, lot
frontage shall mean the length of the front lot line, and top of bank setback shall be
measured from the water's edge.
Township of St. Clair Comprehensive Zoning By-Law
113
6.3.9.1
Notwithstanding any provisions to the contrary, a maximum of two waterfront
lots may be subdivided for single detached dwellings on lands zoned R3-6,
subject to the following provisions:
(A)
Lot Frontage (minimum):
A1 (as shown on Figure 1)
35.0m (for Lot I)
A2 (as shown on Figure 1)
5.0m (for Lot II)
(B)
Front Yard Depth (minimum):
3.0m (6.0m for an
attached garage
facing the street)
(C)
Side Yard Width from East Lot Line (minimum):
7.5m
(D)
Rear Yard Depth from North Lot Line (minimum):
1.5m
(E)
Setback from Water's Edge (minimum):
15.0m
(F)
Floodproofing:
Minimum elevation for all openings in any buildings or structures shall be
178.0m Canadian Geodetic Datum (C.G.D.)
(G)
All other provisions for Single Detached Dwellings on lands zoned R3-6 shall
comply with the regulations for a Single Detached Dwelling in the
Residential-1 Zone, as identified on Table' A" to this By-law.
(H)
Development of the lands located within 15 metres of the St. Clair River shall
not proceed without removing the holding symbol. The holding (h) symbol of
the R3-6 Zone shall be removed pursuant to Section 36 of the Planning Act
only upon the completion of a Geotechnical Assessment, which addresses
the long-term stability of the slope and seawall and the inclusion of
recommendations of the Geotechnical Assessment in the Subdivision
Agreement to the satisfaction of the Township of St. Clair and the St. Clair
Region Conservation Authority.
Township of St. Clair Comprehensive Zoning By-Law
114
Figure 1- Enlarged Map of R3·6 Zone Adjacent to St. Clair River
6.3.9.2
Notwithstanding any provisions to the contrary, the following provisions shall
apply to freehold townhouse dwellings on lands zoned R3-6:
Interior Side Yard Width (minimum):
3.0m (unattached side)
0.0m (attached side)
Exterior Side Yard Width (minimum):
6.0m
Front yard Depth (minimum):
4.0m
Rear Yard Depth (minimum):
8.5m
Lot Coverage (maximum):
48%
All other provisions for Freehold Townhouse Dwellings on lands zoned R3-6 shall
comply with the regulations for a Freehold Townhouse Dwelling in the Residential-3
Zone, as identified on Table "A" to this By-law.
6.3.10 R3-7 Exception 7 to the Residential-3 Zone (B/L 12/05)
Lands zoned R3-7 shall only permit townhouses or freehold townhouses.
Notwithstanding any provisions to the contrary, the minimum front yard setback
shall be 4.9 metres for the northernmost corner of the building envelope and 12.9
metres for the southernmost corner of the building envelope, the minimum interior
side yard setback where there is no attached wall shall be 3.7 metres, the minimum
exterior side yard shall be 3.5 metres, in addition to all other provisions of the R3
zone, shall apply to the R3-7 zone.
Township of St. Clair Comprehensive Zoning By-Law
115
6.4
RESIDENTIAL-4 (R4) Zone
(Chenal Ecarte Residential)
6.4.1 Permitted Uses
(a)
Single-detached Dwelling
(b)
Day Nursery
(c)
Home Occupation
(d)
Park
(e)
Buildings, structures and uses accessory to a permitted use including a
garage/yard sale
6.4.2
Additional Provisions
(a)
See Environmental Concerns Subsection
(b)
For lots 14 to 155, Plan 27 along the Chenal Ecarte/St. Clair River, the rear
yard setback shall be 32 metres.
6.4.3 Gross Floor Area:
85 square metres minimum for a one storey single detached dwelling; 70 square
metres on the ground floor for a single detached dwelling with more than one
storey.
6.4.4 R4-h1 Residential - 4 with a holding 1 symbol
Lands within the R4-h1 Zone shall permit uses lawfully existing on the date of
passing of this By-Law. The holding (h1) symbol of the R4-h1 Zone shall be
removed pursuant to Section 36 of the Planning Act S.O. 1996, c.4 only upon
obtaining appropriate sewage capacity as well as the granting of draft approval of a
plan of subdivision on the subject lands.
6.4.5 R4-1
Exception 1 to the Residential-4 (Chenal Ecarte) Zone
Notwithstanding any provisions to the contrary, no basements or cellars are
permitted and no building shall be erected unless all of the lot which abuts a
watercourse are protected by seawall for those lands zoned R4-1. Any
development shall comply with the regulations of the R4 Zone.
6.4.6
R4-2 Exception 2 to the Residential-4 (Chenal Ecarte) Zone
Notwithstanding any provisions to the contrary, a minimum front yard of 3 metres,
a minimum exterior side of 3 metres, a minimum setback from a watercourse with
shoreline protection of 4.5 metres and a minimum rear yard of 3 metres for an
accessory marine facility, in addition to the other provisions of the R4 Zone, shall
apply to the lands zoned R4-2.
Township of St. Clair Comprehensive Zoning By-Law
116
6.4.7
R4-3 Exception 3 to the Residential-4 (Chenal Ecarte) Zone (B/L 65/03)
6.4.7.1 Permitted Uses
(a)
Single Detached Dwelling
(b)
Home Occupations
(c)
Buildings, Structures and uses accessory to a dwelling
6.4.7.2 Provisions
(a)
Minimum Lot Area:
1,900 square metres
(b)
Minimum Lot Frontage:
33 metres
(c)
Minimum Front Yard:
30 metres
(d)
Minimum Interior Side Yard:
2.5 metres
(e)
Minimum Exterior Side Yard:
6 metres
(f)
Minimum Rear Yard:
6 metres
(g)
Maximum Lot Coverage:
35 percent
(h)
Maximum Dwelling Height:
10 metres
(i)
Minimum Gross Floor Area:
85 square metres for a one storey
single detached dwelling and 73
metres for a dwelling with more than
one storey
6.4.8 R4-4 Exception 4 to the Residential-4 (Chenal Ecarte) Zone
6.4.8.1 Permitted Uses
(a)
Single Detached Dwelling
(b)
Home Occupations
(c)
Buildings, Structures and uses accessory to a dwelling
6.4.8.2 Provisions
(a)
Minimum Lot Area:
1,450 square metres
(b)
Minimum Lot Frontage:
20 metres
(c)
Minimum Front Yard:
6 metres
(d)
Minimum Interior Side Yard:
2.5 metres
(e)
Minimum Exterior Side Yard:
6 metres
(f)
Minimum Rear Yard:
6 metres
(g)
Maximum Lot Coverage:
35 percent
(h)
Maximum Dwelling Height:
10 metres
(i)
Minimum Gross Floor Area:
85 square metres for a one storey
single detached dwelling and 73
metres for a dwelling with more than
one storey
Township of St. Clair Comprehensive Zoning By-Law
117
6.5
RESIDENTIAL-5 (R5) Zone
(Stag Island Residential)
6.5.1 Permitted Uses
(a)
Single Detached Dwelling
(b)
Buildings, structures and uses accessory to a permitted use including a
garage/yard sale
6.5.2 Additional Regulations
See Environmental Concerns Subsection
6.5.3 Gross Floor Area:
60 square metres minimum for a one storey single detached dwelling; 55 square
metres on the ground floor for a single detached dwelling with more than one
storey.
6.5.4 Parcel as a Lot
In addition to the definition of a Lot provided in this By-Law for the purposes of this
section, the term lot shall mean any parcel of property that can be legally conveyed,
the boundaries of which are shown on the map drawn by W. J. Fletcher O.L.S.
recorded on July 1921 and entitled Plan of Subdivision on Stag Island.
Township of St. Clair Comprehensive Zoning By-Law
118
6.6
RESIDENTIAL-6 (R6) ZONE
(Fawn Island Residential)
6.6.1 Permitted Uses
(a)
Single Detached Dwelling
(b)
Buildings, structures and uses accessory to a permitted use including a
garage/yard sale
6.6.2 Site Regulations
See Environmental Concerns Subsection
6.6.3 Gross Floor Area:
80 square metres minimum for a one storey single detached dwelling; 70 square
metres on the ground floor for a single detached dwelling with more than one
storey.
Township of St. Clair Comprehensive Zoning By-Law
119
6.7
RESIDENTIAL-7 (R7) ZONE (B/L 33/08)
(Courtright Multiple Unit - Conversion)
6.7.1 Permitted Uses
(a)
Multiple Dwelling
(b)
Buildings, structures and uses directly accessory to a permitted use listed
above
6.7.2 Provisions for Buildings
(a)
Minimum Lot Area:
1.1 acres
(i)
First 10 dwelling units
510m2
(ii)
Addition dwelling units
80m2/unit
(b)
Minimum Lot Frontage:
55 metres
(c)
Minimum Front Yard:
10 metres
(d)
Minimum Side Yard:
(i)
Exterior:
10.5 metres
(ii)
Interior:
A multiple dwelling may be located no
closer than 6 metres from an interior side
lot line, except where the use is placed
within an existing building, it may be
located closer to the lot line provided it is
no closer than 2.9 metres.
(e)
Minimum Rear Yard:
10.5 metres
(f)
Maximum Lot Coverage:
30%
(g)
Minimum Landscaped Open Space:
30%
Township of St. Clair Comprehensive Zoning By-Law
120
6.8
RESIDENTIAL-8 (R8) ZONE (B/L 8/15)
(Corunna Cluster)
6.8.1 Permitted Uses
(a)
Cluster Housing
(b)
Multiple Dwelling
(c)
Residential Care Facility
(d)
Buildings, structures and uses accessory to a permitted use; and
(e)
Service Commercial Uses subordinate or ancillary to a Residential Care
Facility and without limiting the foregoing may include: personal service
shops, transportation facilities for seniors, community or private club,
housekeeping services establishment, therapy services establishment,
medical services establishment, and residential care services establishment.
6.8.2 Building Provision
(a)
Minimum Lot Frontage:
30 metres
(b)
Minimum Lot Area:
39,000 square metres
(c)
Maximum Lot Coverage:
30%
(d)
Minimum Lot Frontage:
10.5 metres
(e)
Minimum Side Yard (interior or exterior): 10.5 metres
(f)
Minimum Rear Yard Setback:
10.5 metres
(g)
Maximum Building Height:
15.5m and limited to 4 storeys
(h)
Minimum Landscaped Open Space:
30%
(i)
Minimum Setback from a Railway:
30 metres, and notwithstanding Section 4.19.4 an earth berm with a
minimum height of 2 metres above track level constructed between
the residential use and the railway property is not required. A
security fence is required along the mutual property line with the
railway right-of-way, to be installed and maintained at the
applicant/owner's own expense.
(j)
Minimum Separation between Buildings: 2.4 metres
(k)
Notwithstanding Section 4.3.4 of 17 of 2003, the total Lot Coverage of
Accessory Buildings shall be a maximum of 520 square metres.
Township of St. Clair Comprehensive Zoning By-Law
121
(l)
In addition to all other requirements and setback provisions of this by-law,
all proposals for new buildings may require a site by site assessment
regarding soil stability and the replacement of disturbed lands if requested
by the building inspector.
6.8.3 Number of Dwelling Buildings on a Lot
Notwithstanding Section 4.9.4 of 17 of 2003, more than one dwelling building is
permitted on lands zoned R8.
Township of St. Clair Comprehensive Zoning By-Law
122
6.9
RESIDENTIAL-9 (R9) ZONE (B/L 2/19)
Residential Exception Zone - (St. Clair Boulevard Vacant Lot Condominium)
6.9.1 Permitted Uses
(a)
Townhouses/Townhouse, Freehold
(b)
Cluster Housing
(c)
No Buildings accessory to a permitted use
(d)
Uses and structures accessory to a permitted use
6.9.2 Vacant Lot Condominium Provisions
(a)
Minimum Lot Frontage:
Vacant lot condominium lot (VLCL)
7.77 metres
Whole Registered Description Lot
30 metres
by the Condominium Act (WRDL)
(b)
Minimum Lot Area (VLCL):
229 square metres
(c)
Maximum Lot Coverage (VLCL):
63.5%
(d)
Minimum Front Yard (VLCL)
6 metres from Public Street
2 metres from Private Lane
(e)
Minimum Side Yard (interior) (VLCL):
0 metres for common wall
1.2 metres for non-common wall
(f)
Minimum Side Yard (exterior) (VLCL)
2 metres from Private Lane
(g)
Minimum Rear Yard Setback (VCLC):
8.7 metres from a R1 Zone
8.59 metres from a VLCL
(h)
Maximum Building Height:
10.5m (~3 storeys)
(i)
Minimum Landscaped Open Space (VCLC):
14%
(j)
Notwithstanding Section 4.31.7(b) a private lane shall be no less than 6
metres in width.
(k)
Notwithstanding Section 4.19.4 a berm shall not be required abutting a
railway.
(l)
Minimum building setback from a railway limit - 30 metres
Township of St. Clair Comprehensive Zoning By-Law
123
(m)
Notwithstanding 4.31.6 and the definition of parking space; parking spaces
may be permitted within the front yard regardless of the minimum front yard
setback (VLCL) and may be stacked parking.
(n)
Notwithstanding provisions for VLCLs to the contrary, parcels or VLCLs on
an approved vacant lot condominium plan that are necessary for communal
access or for stormwater management and/or drainage matters, such
VLCLs are exempt from minimum area but must have a minimum of 2
metre of frontage on a private lane or public street.
Township of St. Clair Comprehensive Zoning By-Law
124
6.10
RESIDENTIAL-10 (R10) ZONE (B/L 68/20)
Residential Exception Zone - (Vacant Lot Condominium)
6.10.1 Permitted Uses
(a)
Townhouses / Townhouse, Freehold
(b)
Cluster Housing
(c)
No Buildings accessory to a permitted use
(d)
Uses and structures accessory to a permitted use
6.10.2 Vacant Land Condominium Provisions
(a)
Minimum Lot Frontage
Vacant land Condominium Lot (VLCL)
8.8 metres
Whole Registered Description Lot by the Condominium
Act (WRDL)
30 metres
(b)
Minimum Lot Area (VLCL)
312 square metres
(c)
Maximum Lot Coverage (VLCL)
46 %
(d)
Minimum Front Yard (VLCL)
11 metres from Public Street
10.5 metres from Private Lane
(e)
Minimum Side Yard (interior) (VLCL)
0 metres for common wall
2 metres for non-common wall
(f)
Minimum Side Yard (exterior) (VLCL)
2 metres from Private Lane
5.97 metres from a public street
(g)
Minimum Rear Yard Setback (VLCL) -
6.5 metres
8 metres from a I1 Zone
8 metres from a R3 Zone
(h)
Maximum Building Height
1 storey
(i)
Minimum Landscaped Open Space (VLCL)
30 %
(j)
Notwithstanding Section 4.31.7(b) a private lane shall be no less than 6
metres in width
Township of St. Clair Comprehensive Zoning By-Law
125
(k)
Notwithstanding 4.31.6 and the definition of parking space; parking spaces
may be permitted within the front yard regardless of the minimum front yard
setback (VLCL) and may be stacked parking
(l)
Notwithstanding provisions for VLCLs to the contrary, parcels or VLCLs on
an approved vacant lot condominium plan that are necessary for communal
access or for stormwater management and/or drainage matters, such
VLCLs are exempt from minimum area but must have a minimum of 1.5
metre of frontage on a private lane or public street.
Township of St. Clair Comprehensive Zoning By-Law
126
7
SUBURBAN RESIDENTIAL
7.1
SUBURBAN RESIDENTIAL (RS) ZONE
7.1.1 Permitted Uses
(a)
Single Detached Dwelling
(b)
Buildings, structures and uses accessory to a permitted use including a
garage/yard sale
7.1.2 Gross Floor Area:
85 square metres minimum for a one storey single detached dwelling; 70 square
metres on the ground floor for a single detached dwelling with more than one
storey.
7.1.3 RS-SC - Suburban Residential with a Shoreline Constraint (SC) Provision
Lands within a Suburban Residential Zone with a SC suffix shall permit uses of the
RS zone subject to the provisions of the Suburban Residential Zone and the
following shoreline constraint provisions.
In addition to all other requirements and setback provisions of this By-Law, all
proposals for new development shall be accompanied by a site by site assessment
regarding slope stability before a building permit may be issued within 15 metres of
Top-of-bank. Where beyond the 15 setback, a slope study may be required if
deemed necessary by the Building Inspector. The Corporation of the Township of
St. Clair will require a geological, geo-technical or such other study as the Township
deems necessary and consultation with the St. Clair Region Conservation Authority
prior to the issuance of a building permit. Where a geological, geo-technical or such
other study as the Township deems necessary is carried out and indicates that
greater setbacks are required than found in the specific zone within which the
subject property is located, the setbacks established in the study shall take
precedence over other zone regulations. The slope study shall address all slope
stability issues deemed necessary and may require a peer review at the property
owners' expense.
Where a geological, geo-technical or such other study as the Township deems
necessary is carried out, a professional geo-technical engineer in conjunction with
the building inspector shall monitor the implementation of the study and the
development. Following construction, the geotechnical engineer will provide
certification that the new development has been carried out as per the design. The
costs for design, monitoring and certification are to be borne by the proponent
Township of St. Clair Comprehensive Zoning By-Law
127
7.1.4 RS-1 Exception 1 to the Suburban Residential Zone
Notwithstanding any provisions to the contrary, the minimum frontage shall be 22
metres and the minimum interior side yard shall be 2.5 metres, in addition to any
other provisions of the RS Zone for those lands zoned RS-1.
7.1.5 RS-2 Exception 2 to the Suburban Residential Zone
Notwithstanding any provisions to the contrary, the minimum frontage shall be 15
metres and the minimum lot area shall be 800 square metres in addition to any
other provisions of the R1 Zone for those lands zoned RS-2
7.1.6 RS-3 Exception 3 to the Suburban Residential Zone
Notwithstanding the Top of Bank or any other provisions to the contrary, the
following provisions shall apply to the lands, described as Part Lot 51, Front
Concession, Corunna and zoned RS-3. The minimum lot area shall be 2600
square metres, the minimum lot frontage shall be 26.8 metres, the minimum front
yard shall be 9 metres, the minimum interior side yard shall be 2 metres on one
side and 4 metres on the other, the minimum exterior side yard shall be 9 metres,
the minimum rear yard shall be 51.8 metres for Part 1 of 25R-7363, 48.9 metres
for Part 2 of 25R-7363, 45.1 metres for Part 3 of 25R-7363 and a maximum
building height of 11 metres.
7.1.8 RS-4 Exception 4 to the Suburban Residential Zone
Notwithstanding the minimum lot size and lot frontage requirements of the RS
Zone, lands zoned RS-4 shall have a minimum lot size for new lots measuring 0.8
hectares and a minimum lot frontage of 40 metres until such time as the lands are
serviced by municipal sanitary infrastructure.
7.1.9 RS-SC-1
Exception 1 to the Suburban Residential with a Shoreline Constraint
(B/L 24/08)
Notwithstanding any other provisions to the contrary, the following provisions shall
apply to the lands described as South Part Lot 50, Front Concession, geographic
township of Moore, Township of St. Clair: minimum frontage of 48 metres; minimum
lot area of 2.2 acres; maximum lot coverage for accessory uses of 5540 square feet
(515 square metres).
For these lands, one habitable loft will be permitted to a maximum size of 790
square feet (72.8 square metres). No accessory structures shall be permitted
closer than 60 metres from the St. Clair Parkway. There will be no tree removal
permitted between the building furthest East and the St. Clair Parkway. No
commercial activity, including storage of goods for retail sale, will be permitted
anywhere in this zone.
Township of St. Clair Comprehensive Zoning By-Law
128
7.1.10 RS-5(h) Exception 5 to the Suburban Residential Zone with Holding
(B/L 5B/12)
For lands zoned RS-5(h), no new development shall be permitted without removing
the holding zone.
For lands zoned RS-5, the permitted uses shall include the uses of the RS Zone
and such uses shall comply with the following provisions in addition to the other
non-conflicting provisions of the By-Law:
Notwithstanding Section 4.19.1, the minimum setback from the top-of-bank setback
shall be 3.8 metres where there is a seawall, tie rod protection and engineered fill.
For the purpose of the RS-5 Zone, the top-of-bank shall be deemed at the seawall.
Notwithstanding Table A, the Minimum Front Yard shall be 18 m.
Notwithstanding Table A, the Minimum Rear Yard shall be 8 m.
Notwithstanding Subsection 4.20.2, the minimum building opening shall be 177.3
metres except for existing building openings and openings for non-habitable
buildings or structures which shall be deemed to comply with the By-Law.
The holding (h) symbol of the RS-5(h) Zone shall be removed pursuant to Section
36 of the Planning Act S.O. 1996, c.4, only upon the completion of a development
agreement with the Township of St. Clair to ensure implementation of the
engineering site plan, appropriate integration onto municipal road allowances and a
demonstration that the recommendations of the studies can be implemented to the
satisfaction of the Township of St. Clair and the St. Clair Region Conservation
Authority.
7.1.11 RS-6 Exception 6 to the Suburban Residential (RS) Zone (B/L 51 of 2023)
Lands described as Lot 1; Plan 29 have a front set back of 21.4m(70.5ft), rear set
back of 10.6m (35 ft), south side set back 1.2m (4 ft) and a north side set back of
2.5m (8 ft).
Lands described as Lot 2; Plan 29 have a front set back of 22m (72.2 ft), rear set
back of 18m (59 ft), south side setback of 2.5m (8 ft) and a north side setback of
1.2m (4 ft).
Township of St. Clair Comprehensive Zoning By-Law
129
7.2
SUBURBAN RESIDENTIAL - SOMBRA (RS-6) ZONE (B/L 20/06)
7.2.1 Permitted Uses
(a)
Single Detached Dwelling
(b)
Buildings, structures and uses accessory to a permitted use including a
garage/yard sale
7.2.2 Gross Floor Area:
85 square metres minimum for a one storey single detached dwelling; 70 square
metres on the ground floor for a single detached dwelling with more than one
storey.
7.2.3 Provisions
(a)
Minimum Lot Area
835 square metres
(b)
Minimum Lot Frontage
22 metres
(c)
Maximum Lot Coverage
30 percent
(d)
Minimum Front Yard Setback
established front building line
(e)
Minimum Interior Side Yard
1.2 metres
with attached garage
(f)
Minimum Interior Side Yard
1.2 m on one side & 2.5m on other
without attached garage
(g)
Minimum Exterior Side Yard Setback
6 metres
(h)
Minimum Rear Yard Setback
established rear building line
(i)
Maximum Building Height
10.5 metres
(j)
Minimum Landscaping
40 percent
Township of St. Clair Comprehensive Zoning By-Law
130
7.3
SUBURBAN RESIDENTIAL - SHORELINE CONSTRAINT (RS-7-SC) ZONE
(B/L 76/06)
7.3.1 Permitted Uses
(a)
Single Detached Dwelling
(b)
Buildings, structures and uses accessory to a permitted use including a
garage/yard sale
7.3.2 Gross Floor Area
(a)
85 square metres minimum gross floor area for a single detached dwelling
7.3.3 Shoreline Constraint
The shoreline provisions of Subsection 7.1.3 shall apply to lands zoned
RS-7-SC.
7.3.4. Principle Building Provisions
(a)
Minimum Lot Area
1500 square metres
(b)
Minimum Lot Frontage
30 metres
(c)
Maximum Lot Coverage
25 percent
(d)
Minimum Side Yard Setbacks
as per Schedule A-2-3
(e)
Minimum Front Yard Setback
as per Schedule A-2-3
(f)
Minimum Rear Yard Setback
as per Schedule A-2-3
(g)
Minimum Landscaped Open Space
30 percent
(h)
Maximum Height
12 metres
7.3.5 Accessory Provisions
The provisions of the accessory buildings in residential R zones shall apply.
Township of St. Clair Comprehensive Zoning By-Law
131
7.4
SUBURBAN RESIDENTIAL - (RS-8) ZONE
(B/L 35/13)
7.4.1 Permitted Uses
(a)
Single Detached Dwelling
(b)
Buildings, structures and uses accessory to a single -detached dwelling use
including a garage/yard sale use
7.4.2 Gross Floor Area
(a)
85 square metres minimum gross floor area for a single detached dwelling
7.4.3 Principle Building Provisions
(a)
Minimum Lot Area
1780 square metres
(b)
Minimum Lot Frontage
21.3 metres
(c)
Minimum Front Yard Setback
30 metres
(d)
Minimum Side Yard Setbacks
2.5 metres
(e)
Maximum Rear Yard Setback
12 metres
(f)
Maximum Lot Coverage
25 percent
(g)
Minimum Open Space
30 percent
(h)
Maximum Building Height
10.5 metres
Township of St. Clair Comprehensive Zoning By-Law
132
7.5
SUBURBAN RESIDENTIAL - (RS-9) ZONE
(B/L 35/13)
7.5.1 Permitted Uses
(a)
Single Detached Dwelling
(b)
Buildings, structures and uses accessory to a single -detached dwelling use
including a garage/yard sale use
7.5.2 Gross Floor Area
(a)
85 square metres minimum gross floor area for a single detached dwelling
7.5.3 Principle Building Provisions
(a)
Minimum Lot Area
1380 square metres
(b)
Minimum Lot Frontage
21.3 metres
(c)
Minimum Front Yard Setback
18.3 metres
(d)
Minimum Side Yard Setbacks
2.5 metres
(e)
Maximum Rear Yard Setback
12 metres
(f)
Maximum Lot Coverage
25 percent
(g)
Minimum Open Space
30 percent
(h)
Maximum Building Height
10.5 metres
Township of St. Clair Comprehensive Zoning By-Law
133
8
INSTITUTIONAL ZONES
8.1
INSTITUTIONAL-1 (I1) ZONE
8.1.1 Permitted Uses
(a)
Ambulance Facility
(b)
Community Facility
(c)
School
(d)
Hospital
(e)
Assembly Hall
(f)
Auditorium
(g)
Home for the Aged
(h)
Nursing Home
(i)
Rest Home
(j)
Residential Care Facility
(k)
Special Needs Facility
(l)
Church
(m)
Cemetery
(n)
Institutional Use
(o)
Public Use
(p)
Buildings, structures and uses accessory to a permitted use.
8.1.2 I1-1 Exception 1 to the Institutional Zone (B/L 4/04)
For lands zoned I1-1, the following uses, in addition to uses of the I1 Zone, shall be
permitted within the I1-1 Zone. Furthermore, the provisions of the I1 zone shall
apply to the additional uses of the I1-1 Zone.
Clinic
Day Care Facility
For-Profit Instructional Facility; and
An Electronic Gaming Service & Repair Shop/Programming Establishment
In addition to the provisions of the I1 Zone, there shall be no outdoor storage or
open display of materials.
Furthermore, parking spaces shall be required as per the By-Law for each use as
applicable; however, a Day Care Facility shall have one space per twenty square
metres of floor area (not including washrooms or utility rooms), a For-Profit
Instructional Facility shall have one space per instructor plus one space per thirty
square metres of classroom floor space; and, an Electronic Gaming Service &
Repair Shop/Programming Establishment shall have one parking space per 37
square metres of ground floor area (not including washrooms or utility rooms).
Township of St. Clair Comprehensive Zoning By-Law
134
In addition, one loading area is required for an Electronic Gaming Service &
Repair/Programming Establishment.
For the purpose of this By-Law, "DAY CARE FACILITY" shall mean a portion of a
building and/or lands that receives individuals for the purpose of providing
temporary care and/of guidance for a continuous period not exceeding twenty-four
hours
For the purpose of this By-Law, "ELECTRIC GAMING SERVICE & REPAIR
SHOP/PROGRAMMING ESTABLISHMENT" shall mean the use of lands, buildings
or part of a building wherein electronic articles related to Bingo or Electronic
Gaming Establishments may be programmed, serviced or repaired in addition to
some assembly or sales accessory thereto.
For the purpose of this By-Law, "FOR PROFIT-INSTRUCTIONAL FACILITY" shall
mean the use of lands, buildings or portions of buildings used as a meeting place
for educational or instructional purposes that are not part of a chartered
organization and may include such private instructional facilities such as: Art
School, Dance School, Ballet School, Gymnastics School, Martial Arts School, Self-
Defense School, Business School, Beauty School, Cosmetology School, Hair
Dressing School, Music School, Driving School and the like operated for profit but
shall not include offensive uses by nature of noise, vibrations, dust or outdoor
storage.
8.1.3 I1-2 Exception 2 to the Institutional Zone (B/L 24/05)
Notwithstanding any provisions to the contrary, the minimum exterior side yard
setback for parking spaces shall be 2 metres, in addition to all other provisions of
the I1 zone, for lands zoned I1-2.
8.1.4 Temporary Use By-law (B/L 50 of 2022)
Notwithstanding any provision in this by-law to the contrary, temporary parking shall
be permitted on lands identified in Schedule A-1-16 for a period of no greater than
two (2) years from the passing of the implementing by-law and subject to the
general provisions of the by-law.
Township of St. Clair Comprehensive Zoning By-Law
135
9
COMMERCIAL ZONES
9.1
CENTRAL COMMERCIAL (C1) ZONE
9.1.1 Permitted Uses
(a)
Art Gallery
Assembly Hall
Auditorium
Bake Shop
Bank
Beverage Room
Brewing-on-site Establishment/Vintner
Church
Clinic
Convenience Store
Community Facility
Day Care Facility
Dry Cleaning Establishment
Funeral Home
Hotel
Institutional Use
Laundromat
Office
Parking Lot
Personal Service Shop
Place of Entertainment
Private Club
Public Recreational Use
Public Use, Non-Recreational
Recreation, Commercial (eg. bowling alleys or fitness facility)
Recreation, Passive
Restaurant
Retail Store
Service and Repair Shop
Special Needs Facility
Tavern
Taxi Dispatch or Office
(b)
Buildings, structures and uses accessory to a permitted use
(c)
Dwelling Unit located above or behind a permitted commercial use
(d)
Existing Dwellings
(e)
Existing Gasoline Retail Facility
Township of St. Clair Comprehensive Zoning By-Law
136
9.1.2 Dwelling Unit Area:
(a)
Bachelor -
40 square metres minimum
(b)
One Bedroom -
45 square metres minimum
(c)
Two Bedroom -
55 square metres minimum
(d)
Three or more Bedrooms -
70 metres minimum
9.1.3 Existing Residential Dwellings
Notwithstanding any provisions of this By-Law to the contrary, existing single-
detached, semi-detached or duplex dwellings shall be permitted to be altered or
expanded in accordance with the provisions of the R1 Zone. Accessory uses,
structures or building may be permitted to an existing dwelling in accordance with
the general provisions of this By-Law. Existing triplexes, multiple-dwellings or
townhouses shall be permitted to be altered or expanded in accordance with the
provisions of the R3 Zone.
9.1.4 Existing Gas Pump Facility
Notwithstanding any provisions of this By-Law to the contrary, existing gas pump
facilities shall be permitted to the altered or expanded in accordance with the
provisions of the C1 Zone and additional gas pump provisions.
9.1.5 C1-SC Central Commercial with Shoreline Constraint (SC) Provisions
Lands within a Central Commercial Zone with a SC suffix shall permit uses of the
C1 zone subject to the provisions of the Central Commercial Zone and the
following shoreline constraint provisions.
In addition to all other requirements and setback provisions of this By-Law, all
proposals for new development shall be accompanied by a site by site assessment
regarding slope stability before a building permit may be issued within 15 metres of
Top-of-bank. Where beyond the 15 setback, a slope study may be required if
deemed necessary by the Building Inspector. The Corporation of the Township of
St. Clair will require a geological, geo-technical or such other study as the Township
deems necessary and consultation with the St. Clair Region Conservation Authority
prior to the issuance of a building permit. Where a geological, geo-technical or such
other study as the Township deems necessary is carried out and indicates that
greater setbacks are required than found in the specific zone within which the
subject property is located, the setbacks established in the study shall take
precedence over other zone regulations. The slope study shall address all slope
stability issues deemed necessary and may require a peer review at the property
owners' expense.
Where a geological, geo-technical or such other study as the Township deems
necessary is carried out, a professional geo-technical engineer in conjunction with
Township of St. Clair Comprehensive Zoning By-Law
137
the building inspector shall monitor the implementation of the study and the
development. Following construction, the geotechnical engineer will provide
certification that the new development has been carried out as per the design. The
costs for design, monitoring and certification are to be borne by the proponent
9.1.6 C1-1 Exception 1 to the Central Commercial Zone
For lands zoned C1-1 in Sombra Village, a warehouse shall be permitted in addition
to the uses of the Central Commercial C1 Zone. Any expansion of the warehouse
or new development shall be in accordance with the regulations of the C1 Zone.
9.1.7 C1-2 Exception 2 to the Central Commercial Zone
For lands zoned C1-2 in Port Lambton, a motor vehicle washing establishment and
uses accessory thereto shall be permitted in addition to the uses of the C1 Zone.
Any expansion of the motor vehicle washing establishment or new development
shall be in accordance with the regulations of the C1 Zone.
9.1.8 C1-3 Exception 3 to the Central Commercial Zone
For lands zoned C1-3 in Brigden, a lawn ornament business and uses accessory
thereto shall be permitted in addition to the uses of the C1 zone. Any expansion of
the lawn ornament business or new development shall be in accordance with the
regulations of the C1 Zone.
9.1.9 C1-4 Exception 4 to the Central Commercial Zone
For lands zoned C1-4 in Corunna, only active and passive recreational uses,
refreshment vehicles, parking, boat launch/lift facilities and an existing single
detached dwelling is permitted. Any development: must be 3 metres from the sided
lot line except for the boat launch/lift facility, must be 4.5 metres from the rear lot
line except for the boat facility, must have a lot coverage of no greater than 30
percent of all buildings and structures, and no buildings can exceed a maximum of
11 metres in height.
9.1.10 C1-5 Exception 5 to the Central Commercial Zone (217 Hill Street)
For lands zoned C1-5 in Corunna, a veterinary establishment and uses accessory
thereto shall be permitted in addition to the uses of the C1 Zone. Any expansion
of the veterinary establishment or new development shall be in accordance with
the regulations of the C1 Zone. For clarification, a crematorium or an outside
kennel is not a permitted use accessory to a veterinary establishment.
Township of St. Clair Comprehensive Zoning By-Law
138
9.2
HIGHWAY COMMERCIAL (C2) ZONE
9.2.1 Permitted Uses
(a)
Agricultural Supply Establishment
Auction Hall
Auditorium
Banquet Hall
Bingo Hall
Brewing-on-site Establishment
Bulk Fuel Establishment
Bulk Sales Establishment
Clinic
Commercial Storage
Convenience Store
Dry Cleaning Establishment
Farm Implement Sales Establishment
Flea Market
Garden Centre
Gasoline Retail Facility
Golf Driving Range
Institutional Uses
Laundromat
Landscaping Business
Lumber Yard
Service and Repair Shop
Miniature Golf
Motel
Motor Vehicle Repair Establishment
Motor Vehicle Sales & Rental Establishment
Motor Vehicle Service Establishment
Motor Vehicle Washing Establishment
Parking Lot
Place of Entertainment
Private Club
Recreation, Commercial
Restaurant
Restaurant, Drive in
Retail or Food Store with a gross floor area greater than 300 m2
Service Trade
Veterinary Establishment
Wholesale Use
Taxi Depot
Township of St. Clair Comprehensive Zoning By-Law
139
(b)
Buildings, structures and uses accessory to a permitted use.
(c)
Open Display to a permitted use
(d)
Open Storage to a permitted use
(e)
Office accessory to a permitted use
(f)
Dwelling Unit accessory to a motel.
9.2.2 C2-h1 Highway Commercial with a Holding (h1) Symbol
Lands within the C2-h1 Zone shall permit uses lawfully existing on the date of
passing of this By-Law. The holding (h1) symbol of the C2-h1 Zone shall be
removed only when it has been demonstrated to Council that the development will
not compromise future development of the site and adequate sewage capacity and
water supply exist.
9.2.3 C2-1 Exception 1 to the Highway Commercial Zone (B/L 3/11)
For lands zoned C2-1, all uses listed in Section 9.2.1 are permitted subject to the
following provisions:
Existing dwellings may not be used as a residential unit, and may only be converted
to a permitted use or used as office space for a permitted use.
Any permitted use in this zone requires a 6 foot tall privacy fence along the south
zone boundary.
Township of St. Clair Comprehensive Zoning By-Law
140
9.3
AGRICULTURAL COMMERCIAL (C3) ZONE
9.3.1 Permitted Uses
Abattoir
Agricultural Service Establishment
Agricultural Supply Establishment
Farm Implement Sales Establishment
Farm Produce Outlet
Farmers Market
Veterinary Clinic
Stock Yard
Uses, Buildings and Structures accessory to a Permitted Use
Open Display accessory to a Permitted Use
Office accessory to a Permitted Use
9.3.2 C3-1 Exception 1 to the Agricultural Commercial Zone
For lands zoned C3-1 in Becher, an existing motor vehicle repair establishment and
accessory dwelling unit shall be permitted in addition to the uses of the C3 Zone.
Any expansion of the existing motor vehicle repair establishment and accessory
dwelling or new development shall be in accordance with the regulations of the C3
Zone.
9.3.3 C3-2 Exception 2 to the Agricultural Commercial Zone
For lands zoned C3-2 on Part Lot 16, Concession 10, Geo. Twp. Sombra, an
existing auction centre, open display, and uses accessory thereto shall be
permitted in addition to the uses of the C3 Zone. Any expansion of the auction
centre or new development shall be in accordance with the C3 Zone.
Nothwithstanding any provisions of this By-Law, the minimum number of parking
spaces shall be 30 for an auction centre on lands zoned C3-2.
9.3.4 C3-3 Exception 3 to the Agricultural Commercial Zone (B/L 60 of 2023)
For lands zoned C3-3 on Con 15 N Pt Lot 6 RP 25R3151 Parts 1 &2, formerly
Sombra Township, currently St. Clair Township, County of Lambton, 521 Bickford
Line an existing shooting range and uses accessory thereto shall be permitted in
addition to the uses of the C3 Zone.
Township of St. Clair Comprehensive Zoning By-Law
141
9.4
WATERFRONT COMMERCIAL (C4) ZONE
9.4.1 Permitted Uses
(a)
Marina
(b)
Motel
(c)
Restaurant
(d)
Office Accessory to a permitted use
(e)
Retail uses accessory to a permitted use
(f)
Uses, structures and buildings accessory to a permitted use.
Township of St. Clair Comprehensive Zoning By-Law
142
9.5
NEIGHBOURHOOD COMMERCIAL (C5)
9.5.1 Permitted Uses
(a)
Bank, Credit Union or Financial Institution
(b)
Clinic, Doctors Office
(c)
Convenience Store
(d)
Day Nursery
(e)
Gasoline Retail Facility
(f)
Library
(g)
Service and Repair Shop
(h)
Office
(i)
Personal Service Shop
(j)
Private Club
(k)
Restaurant
(l)
Retail store (one per lot)
(m)
Veterinary Clinic
(n)
Uses, buildings and structures accessory to a permitted use.
Township of St. Clair Comprehensive Zoning By-Law
143
9.6
COURTRIGHT COMMERCIAL (C6) (B/L 91/04)
9.6.1 Permitted Uses with the (h) Holding Symbol in place
(a)
Uses of the C1 Zone (see listed under 9.1.1 of 17 of 2003)
(b)
Accessory uses thereto including a dwelling unit behind or above a
permitted commercial use
Permitted Uses with the (h) Holding Symbol removed
(c)
Uses of the C1 Zone (see listed under 9.1.1 of 17 of 2003)
(d)
Multiple Dwelling, Townhouse, Townhouse-Freehold
(e)
Accessory uses thereto including dwelling units behind or above a permitted
commercial use
9.6.2 Site Provisions for New Multiple Residential Dwelling Buildings or Additions
to Multiple Dwelling Buildings
(a)
55 m2
Minimum Gross Floor Area/Dwelling Unit
(b)
30 m
Minimum Lot Frontage
(c)
300 m2
Minimum Lot Area/Dwelling Unit
(d)
40%
Maximum Lot Coverage
(e)
6 m
Minimum Front Yard Setback
(f)
6 m
Exterior Side Yard Setback
(g)
3 m
Interior Side Yard Setback
(h)
10.5 m
Rear Yard Setback
(i)
30%
Minimum Landscaped Open Space
(j)
12 m
Maximum Building Height
(k)
Minimum two storey building height
9.6.3 Site Provisions for Existing Buildings Converted into Multiple Dwelling
Buildings
(a)
50 m2
Minimum Gross Floor Area/Dwelling Unit
(b)
300 m
Minimum Lot Area/Dwelling Unit
(c)
as existing
Minimum Lot Frontage
(d)
40% or as existing Maximum Lot Coverage
(e)
as existing
Minimum Yard Setbacks
(f)
There is no increase in volume of the building except for the addition of sun
porches, decks, patios, balconies and entranceways
(g)
There is a minimum of 170 square metres of landscaped open space located
in the rear yard
(h)
Off-street parking requirements of this By-Law are complied with.
Township of St. Clair Comprehensive Zoning By-Law
144
9.6.4 Site Provisions for Commercial Buildings
(a)
The site provisions of the C1 zone shall apply to commercial uses within the
C6 zone.
9.6.5 Site Provisions for Accessory Buildings
(a)
The site provisions of the principle use shall apply to uses accessory thereto.
Township of St. Clair Comprehensive Zoning By-Law
145
9.7
COMMERCIAL EXCEPTION ZONE (C7) (B/L 42/18)
(394 Alfred Street)
9.7.1 Permitted Uses
(a)
Assembly Hall
(b)
Bank, Credit Union, Financial Institution
(c)
Clinic
(d)
Convenience Store
(e)
Day Nursery
(f)
for Profit Instructional Facility (which would include art school, theatre arts
school, dance school, gymnastics school, martial arts school, business
school, beauty school, music school, yoga facility or a personal training
studio)
(g)
Library
(h)
Office
(i)
Personal Service Shop
(j)
Private Club
(k)
Restaurant, small scale
(l)
Service & Repair Shop
(m)
Virtual Reality Facility
(n)
Buildings, Structures and Uses accessory to a permitted use
9.7.2 Building Provisions
(a)
Minimum Lot Frontage
30 metres
(b)
Minimum Lot Area
2000 square metres
(c)
Maximum Lot Coverage
25%
(d)
Minimum Front Yard
6 metres
(e)
Minimum Side Yard (interior)
6 metres
(f)
Minimum Side Yard (exterior)
6 metres
(g)
Minimum Rear Yard Setback
6 metres
(h)
Maximum Building Height
5.5 m (one storey); notwithstanding,
permitted uses may be located in
buildings that existed at the time of this
by-law
(i)
Minimum Landscaped Open
25%
Space
9.7.3 Building Use Restrictions
Lands or buildings in the C7 Zone shall prohibit lounges or facilities used for
smoking hooka apparatuses or using cannabis.
Township of St. Clair Comprehensive Zoning By-Law
146
10
INDUSTRIAL ZONES
10.1
INDUSTRIAL TYPE 1 (M1) ZONE
(Light industrial uses)
10.1.1 Permitted Uses
(a)
Commercial Storage
Industrial Type 1 Uses
Institutional Uses
Motor Vehicle Repair Shop
Motor Vehicle Sales & Service Establishment
Motor Vehicle Washing Establishment
Parking Lot
Research and Development Establishment
Service and Repair Shop
Service Trade
Truck Transport Terminal
Veterinary Clinic
Warehouse
(b)
Open Storage to a permitted use
(c)
Open Display to a permitted use
(d)
A commercial use or office accessory to a permitted use
(e)
Buildings, structures and uses accessory to a permitted use.
10.1.2 M1-1 Exception 1 to the Industrial Type 1 Zone
Lands described as Part Lot "D", Concession 7, Port Lambton and zoned M1-1
shall permit a Single-Detached Residential Dwelling.
Any non-residential development shall comply with the following regulations:
Minimum front yard of 80 metres,
Minimum east side yard of 8 metres,
Minimum west side yard of 4 metres,
Minimum rear yard of 15 metres, and
Maximum building height of 12 metres.
Any development or redevelopment of the Single-Detached Residential Dwelling
shall comply with the following regulations:
Minimum front yard of 20 metres,
Minimum side yard of 3 metres,
Minimum rear yard of 7 metres, and
Maximum height of 12 metres.
Township of St. Clair Comprehensive Zoning By-Law
147
10.1.3 M1-2 Exception 2 to the Industrial Type 1 Zone with Holding Symbol
(B/L 54/10)
For lands zoned M1-2(h), no new development shall be permitted without removing
the holding symbol.
Notwithstanding provisions to the contrary, for lands zoned M1-2, the permitted
uses shall include a Liquid Propane/LHG Rail Loading-Distribution Facility and
accessory buildings/uses. Rail Loading infrastructure including above ground tanks
for the storage of compressed hydrocarbon gases (ie compressed butane/propane)
shall comply with the following provisions in addition to the general provision of the
By-Law:
(a)
Minimum Front Yard
890 metres
(b)
Minimum Interior Side yard
70 metres
(c)
Minimum Rear Yard
70 metres
(d)
Minimum Exterior Side Yard
153 metres
(e)
Maximum Height
14 metres
(f)
Minimum Landscaped Open Space
20 percent
(g)
Minimum Lot Area
100 ha
(h)
Minimum Lot Frontage
750 metres
Notwithstanding provisions to the contrary, a Rail Marshalling Yard and accessory
uses thereto shall comply with the following provisions in addition to the general
provisions of the By-Law:
(a)
Minimum Front Yard
153 metres
(b)
Minimum Interior Side yard
30 metres
(c)
Minimum Rear Yard
30 metres
(d)
Minimum Exterior Side Yard
153 metres
Berming with landscaping shall be required including berming that addresses
recommendations of the noise studies accepted by the Township in addition to
berming with landscaping that addresses visual screening, safety and aesthetics to
the satisfaction of the Township in yards abutting a public street or facing residential
uses within one kilometer of the Liquid Propane/LHG Rail Loading - Distribution
infrastructure.
Notwithstanding provisions to the contrary, an office or repair garage and uses
accessory thereto shall comply with the provisions of the M1 Zone and the general
provisions of the By-Law.
The height of the berms shall be a minimum height of the top of the rail tanker car
(4.7m) and address sound study recommendations.
Township of St. Clair Comprehensive Zoning By-Law
148
Notwithstanding any provisions to the contrary, the provisions of the M1 Zone shall
apply to office buildings.
The holding (h) symbol of the M1-2(h) Zone shall be removed pursuant to Section
36 of the Planning Act S.O. 1996, c.4 only upon the completion of a noise study,
storm water study, emissions study, traffic study, hazard distance, risk & safety
management plan and archeological study to the satisfaction of the Township of St.
Clair and a demonstration that the recommendations of the studies can be
implemented to the satisfaction of the Township of St. Clair.
Township of St. Clair Comprehensive Zoning By-Law
149
10.2
INDUSTRIAL TYPE 2 (M2) ZONE
(Medium-scaled industrial uses)
10.2.1 Permitted Uses
(a)
Auction Hall
Commercial Storage
Contractors Yard
Dry Cleaning Establishment
Industrial Type 2 Uses
Light Industrial Uses
Lumber Yard
Motor Vehicle Repair Establishment
Motor Vehicle Sales & Service Establishment
Research and Development Establishment
Service and Repair Shop
Service Trade
Parking Lot
Truck Transport Terminal
Warehouse
Wholesale Use
(b)
Buildings, structures and uses accessory to a permitted use.
(c)
Open Storage to a permitted use.
(d)
Open Display to a permitted use.
(e)
A commercial or office use accessory to a permitted use.
(f)
Medical Marihuana Facility. (B/L 9/17)
10.2.2 M2-1 Exception 1 to the Industrial Type 2 Zone
Lands described as Part Lot "D", Concession 10, Sombra, and zoned M2-1 shall
only permit a gravel dock, gravel storage area, parking lot, and buildings, uses and
structures accessory thereto including accessory offices and open storage. Any
development or redevelopment shall comply with the following provisions: minimum
lot area of 4,000 square metres, minimum lot frontage of 30 metres, minimum front
yard of 15 metres, minimum side yard of 12 metres, minimum rear yard of 15
metres, a maximum height of 12 metres. Notwithstanding the above clause, a
marine facility may be permitted to be built up the rear lot line and extend into the
watercourse.
10.2.3 M2-2 Exception 2 to the Industrial Type 2 Zone
Lands described as Part Lot 23, Front Concession, geographic Township of Moore,
and zoned M2-2 shall permit a Terminal Grain Elevator, buildings, structures and
uses accessory there and dwelling units for the sole use of the employees of the
Grain Elevator. Any development shall comply with the following provisions:
Township of St. Clair Comprehensive Zoning By-Law
150
minimum lot area of 21.5 hectares; minimum lot frontage of 200 metres; minimum
front yard depth of 150 metres; minimum side yard width of 30 metres; minimum
rear yard of 10 metres; a minimum gross floor area of 60 square metres for a
dwelling unit and no open storage is permitted.
10.2.3 M2-3 Exception 3 to the Industrial Type 2 Zone (B/L 68/07)
Lands described as Concession 10, E Pt Lot C, geographic Township of Sombra,
and zoned M2-3 shall permit a contractor's yard, buildings, structures and outdoor
storage accessory thereto. Any developments shall comply with the following
provisions:
Minimum lot area of
5560 m2
Minimum lot frontage of
86 metres
Minimum front yard depth of
15 metres
Minimum interior side yards of
3 metres
Minimum rear yard of
0 metres
Open storage is permitted on site but shall comply with the following provisions:
Minimum front yard setback of
15 metres
Minimum side yard setback of
3 metres from side lot lines
Any area used for outdoor storage shall be in addition to and separate from such
areas as may be required by this By-Law for the provision of off-street parking
spaces. All open storage areas will be enclosed by a fence.
10.2.3 M2-4 Exception 4 to the Industrial Type 2 Zone (B/L 3/11)
For lands zoned M2-4 described as Con 4 Pt Lot 7, RP 25R330 Pt 7 Pts 4 to 6,
geographic Township of Moore, all permitted uses from Section 10.2.1 are
permitted subject to the following restrictions:
Minimum lot area for the M2-4 zone is 7.5 acres
No dwellings are permitted anywhere on lands zoned M2-4
No open storage is permitted within 100 metres of Courtright Line. Any outdoor
storage must be completely enclosed by a fence and locked gate. Any area used
for outdoor storage shall be in addition to and separate from such areas as may be
required by this By-Law for the provision of off-street parking.
The existing access from Courtright Line is exclusively for passenger traffic; all
heavy trucks shall use the existing accesses from Brigden Road. Future
development shall not include a parking area to be accessed by Courtright Line. All
parking areas for future expansion shall be accessed from Brigden Road.
Township of St. Clair Comprehensive Zoning By-Law
151
No new accesses shall be permitted from Courtright Line.
The only developments permitted within 70 metres of 2361 and 2389 Courtright
Line shall be limited to a Type One Industrial use. No development shall be
permitted within 30 metres of 2361 and 2389 Courtright Line.
Existing farm buildings may only be used for storage. Livestock facilities are not
permitted in any building in this zone. No processing is permitted in such buildings.
Any painting facility shall have a 200 metre setback from the property line abutting
Courtright Line.
No flammable or volatile materials to be stored within 250 metres of the lot line
abutting Courtright Line and 100 metres from the lot line abutting Brigden Road.
Any future development will require a privacy fence (of poly materials) between it
and both Courtright Line and the Baptist Church.
In the event of future development proposed on lands zone M2-4, the Township
may require a traffic impact study to determine whether upgrades are required to
Brigden Road to accommodate truck traffic. In addition, a noise study may also be
required at the time of proposed new development if determined necessary by the
Township.
Despite 24 hour operations being permitted, any new development shall have
regard for acceptable noise levels as determined by required noise studies during
evening and night hours with respect to the nearby community.
Township of St. Clair Comprehensive Zoning By-Law
152
10.3
INDUSTRIAL TYPE 3 (M3) ZONE
(large-scaled or dangerous industrial uses)
10.3.1 Permitted Uses
(a)
Motor Vehicle Repair Establishment
(b)
Industrial Type 3 Uses
(c)
Industrial Type 2 Uses
(d)
Industrial Type 1 Uses
(e)
Lambton College Industrial Fire School
(f)
Truck Transport Terminal
(g)
Buildings, structures and uses accessory to a permitted use.
(h)
Open Storage to a permitted use.
(i)
Open Display to a permitted use.
(j)
A commercial or office use accessory to a permitted use.
(k)
Medical Marihuana Facility. (B/L 9/17)
10.3.2 M3-1 Exception 1 to the Industrial Type 3 Zone
Lands described as Part Lot "C", Concession 10, Sombra, and zoned M3-1 shall only
permit a Type-3 Industrial Uses or Extractive Industrial Uses and uses, buildings or
structures accessory thereto. Any development or redevelopment shall comply with the
following provisions: minimum lot area of 8 hectares, minimum lot frontage of 200 metres,
minimum front yard of 15 metres, minimum side yard of 20 metres except where abutting a
railway, and minimum rear yard of 30 metres. Notwithstanding the above, no part of the
lands within the M3-1 Zone shall be used for the production of trimethylanime other than a
portion thereto bounded on the north side by a line drawn parallel to and distant 250
metres south of the north limit of the said zone, on the south side by a line drawn parallel
to and distant 30 metres north of the north limit of public street and on the east side by a
line drawn parallel to and distant 100 metres west of the east limit of the said zone.
The manufacturing of Trimethylamine shall be a prohibited use in the M3-1 zone on the
subject lands. (B/L 48/08)
Notwithstanding any provisions in By-Law 17 of 2003, the subject lands shall be deemed
to conform with the minimum lot area and frontage and yard requirements of the M3-1
zone. (B/L 48/08)
10.3.3 M3-2 Exception 2 to the Industrial-Type 3 Zone
Notwithstanding the minimum lot size and lot frontage requirements of the M3 Zone, lands
zoned M3-2, described as Part Lot 24, Concession 9, Moore, shall have a minimum lot
size for new lots measuring 10 hectares and a minimum lot frontage of 40 metres in
addition to any other provision of the M3 Zone.
Township of St. Clair Comprehensive Zoning By-Law
153
10.3.4 M3-3 Exception 3 to the Industrial-Type 3 Zone (B/L 13/07)
Notwithstanding any provisions to the contrary, lands zoned M3-3 and described as Part
Lot 68 and Water Lot 68, Front Concession, Moore, shall permit a marine facility and uses
accessory thereto (Oil Spill Response Facility with housing of response vessels and
equipment and hydraulic reel and boom jetty and storage facilities). Notwithstanding
Subsection 4.19 or any provisions to the contrary, buildings may be erected no closer than
27 metres from the front lot line, no closer than 30 metres from the south side lot line or its
projection onto the water, and no higher than 5.5 metres. Parking areas may be located
as existing at the date of passage of this By-Law or within the M3-3 building envelope.
10.3.5 M3-4 Exception 4 to the Industrial-Type 3 Zone with Holding (OMB Order
PL120961 - August 18, 2015) (B/L 40/21)
For lands zoned M3-4(h1) and (h2), no new development shall be permitted without
removing the holding symbol. For lands zoned M3-4(h4), no new development shall be
permitted without the removal of the hold symbol with the exception that all Industrial
Recycling Facility uses other than the crushing of steel, asphalt, cement and/or concrete
shall be permitted in accordance with the provisions of the M3-4 Zone.
Permitted Uses
Industrial Recycling Facility
Office and Maintenance uses accessory to a permitted use
Definition
"Industrial Recycling Facility" shall mean the use of lands, buildings and structures for the
processing, crushing or drying of asphalt, drilling mud, cement, steel, and/or concrete, and
shall include the open storage of these materials in both raw and finished form. No raw or
processed materials, solids, or liquids shall be landfilled on the site. For greater clarity,
this use shall not include the processing or bulk storage of volatile, dangerous, or
hazardous materials and shall be subject to Environmental Compliance Approvals under
Part 5 (Waste) of the Environmental Protection Act, where required.
For lands zoned M3-4, the permitted uses shall include an "Industrial Recycling Facility"
and such use shall comply with the following provisions in addition to the other non-
conflicting provisions of the by-law:
Surface Treatment
All driveway, parking, loading, vehicular access and vehicle waiting areas shall be paved
with an asphalt or concrete surface.
Township of St. Clair Comprehensive Zoning By-Law
154
Regulations
Setback for Crusher
Minimum setback of 300 metres from existing off-site residential dwellings
Minimum rear yard setback of 153m
Minimum side yard setback of 20m
Setbacks for Open Storage or Processing Uses of the Industrial Recycling Facility
Minimum setback of 300 metres from existing off-site residential dwellings
Minimum rear yard setback of 153 metres
Minimum side yard setback of 15 metres
Setbacks for Office and Repair Uses of the Industrial Recycling Facility
Minimum front yard setback of 20 metres
Minimum side yard setback of 4.5 metres
Minimum rear yard setback of 15 metres
Setback from the Hydro Corridor
Minimum building setback from hydro corridor shall be 15 metres
Setback for Acoustic Barrier
Minimum setback of the height of berm or the acoustic fence shall be 280 metres from
existing off-site residential dwellings.
Minimum side yard setback to the base of the acoustic barrier shall be 5 metres
Acoustic Barrier
Minimum acoustic barrier height shall be 7.6 metres from grade
The acoustical barrier may be constructed with either a full-height earth berm (7.6m high)
or a combination earth berm/acoustic wood fence (7.6m high), with the minimum height of
the earth berm being 3.1m.
Notwithstanding any provisions/definition to the contrary, all lands zoned on Schedule A-
25 and in the same ownership at the date of the passing of the amendment by-law, shall
be deemed a single lot for the purpose of zoning.
Notwithstanding Subsection 4.9.1, (lot frontage on a public street) structures may be
erected and processing may be performed on lands south of the hydro corridor provided
they are in compliance with the provisions of M3-4 Zone.
Township of St. Clair Comprehensive Zoning By-Law
155
That all equipment related to the operation of the crusher and processing of raw materials
shall be restricted to operating on weekends only, excluding statutory holidays between
the hours of 7:30 am to 5:30 pm.
Maximum height of material storage shall be no higher than the acoustic barrier.
The minimum lot area and lot frontage shall be as existing at the date of passing of this by-
law.
All other M3 provisions and general provisions of the zoning by-law shall apply.
Holding (h) Provisions
In the M3-4 Zone, those lands affected by the (h1)(h2) holding provisions are subject to
the following:
Purpose
To ensure that development does not occur until an Environmental Impact Study is
completed to the satisfaction of the Township, St. Clair Region Conservation Authority
(SCRCA) and Ontario Ministry of Natural Resources and Forestry (MNRF).
Interim Uses
Existing uses are permitted in accordance with the A1 Agricultural Zone.
Conditions
The (h1)(h2) holding provision shall not be removed until the following conditions have
been satisfied:
1.
Preparation of a Terms of Reference and an Environmental Impact Study
addressing potential impacts to the woodlands, provincially significant wetlands and
endangered species to the satisfaction of the Township, St. Clair Region
Conservation Authority and MNRF.
2.
Preparation of a Site Plan which implements the recommendations of the
Environmental Impact Study and obtaining of site plan approval pursuant to Section
41 of the Planning Act.
3.
Registration on title of a fully executed Site Plan and/or Development Agreement
with the Township which includes all requirements for the development of the lands,
financial and otherwise, to the satisfaction of the Township.
In the M3-4 Zone, those lands affected by the (h4) are subject to the following:
Township of St. Clair Comprehensive Zoning By-Law
156
Purpose
To ensure that any lands, buildings and structures for the crushing of asphalt, cement
and/or concrete implements the specialized zoning regulations of the M3-4 Zone and that
development does not occur until:
(1)
approval has been granted for a Site Plan,
(2)
a Site Plan Agreement or amending agreement has been entered into; and
(3)
any required Environmental Compliance Approvals have been issued by the
Ontario Ministry of the Environment Conservation and Parks (MECP).
Permitted Uses for a M3-4(h4) Zone
- Existing uses in accordance with the A1 Agricultural Zone;
- All Industrial Recycling Facility uses other than the crushing of steel, asphalt,
cement and/or concrete in accordance with the provisions of the M3-4 Zone;
- Open storage to a maximum height of 4.5m, with the exception that equipment may
be stored in excess of this limit.
Conditions
The (h4) holding provision shall not be removed until the following conditions are satisfied:
1.
Preparation of a Site Plan which implements the specialized zoning regulations of
the M3-4 Zone to the satisfaction of the Township and obtaining of site plan
approval pursuant to Section 41 of the Planning Act.
2.
Registration on title of a fully executed Site Plan Agreement and/or Development
Agreement with the Township, which includes all requirements for the development
of the lands, financial and otherwise, to the satisfaction of the Township, including
but not limited to the following provisions:
a)
Operation of the crusher and processing of raw materials shall be restricted
to operating on weekdays only, excluding statutory holidays, between the
hours of 7:30 am to 5:30 pm.
b)
All required Environmental Compliance Approvals (ECA) shall be obtained
from MECP for the Crusher including, but not limited to, ECA's for receipt of
waste, noise, dust and fugitive emissions.
c)
A Best Management Practices Dust Control and Management Plan for the
crushing component shall be prepared and submitted with the
Environmental Compliance Approval (ECA) application to the satisfaction of
the MECP and the Township.
Township of St. Clair Comprehensive Zoning By-Law
157
d)
A horizontal impact crusher that is no larger or louder than the McCloskey
I54 Impactor unit shall be used. The owner\operator shall ensure that the
crusher used for the facility will not exceed the operating noise levels set out
in the specifications for the I54 unit.
e)
The Crusher, whenever in operation, shall be orientated such that the small
(and quieter) side is pointing towards the receptor at 535 Courtright Line.
f)
A noise audit shall be completed within 90 days of commencing operation, to
the satisfaction of the MECP and the Township (including the horizontal
impact crusher (Crusher), front-end loader (Loader) and trucks (Trucks) as a
condition of the Environmental Compliance Approval (ECA). Any required
mitigation shall be completed to the satisfaction of the MECP and the
Township.
g)
An acoustic barrier with a total height of 7.6m shall be installed prior to
commencement of the operation of the crusher, in the location stipulated in
the specialized zoning regulations of the M3-4 Zone. This acoustical barrier
may be constructed with either a full-height earth berm (7.6m high) or a
combination earth berm/acoustic wood fence (7.6m high), with the minimum
height of the earth berm being 3.1m.
h)
The fence component of the noise barrier may be constructed of a wood,
metal, masonry, or plastic material with a minimum surface density of 20 kg
per square metre and will be free of gaps or cracks. If the fence component
is constructed of wood, the following construction shall be used to meet the
surface density requirement:
-
1 layer or 1" thick T&G wood fencing on one side of the fence;
-
2 layers of ½" thick T&G wood fencing on the other side of the fence,
with edges offset,
-
4" blocking between fencing for airspace,
-
No openings or gaps in the fence,
-
Minimize air gap below the fence (2" or less).
i)
A provision to ensure that the noise barrier will be maintained in good repair
at all times to the satisfaction of the Township.
j)
Any storage, loading/unloading, processing and staging of materials to be
crushed occur in a location separated from the sensitive receptors by the
required acoustical barrier.
k)
Provision of any required financial securities in favour of the Township to
ensure implementation of the requirements of the Site Plan Agreement
and/or Development Agreement to the satisfaction of the Township.
Township of St. Clair Comprehensive Zoning By-Law
158
10.3.6 M3-5 Exception 5 to the Industrial-Type 3 Zone (B/L 71/20)
Notwithstanding Subsection 4.31.8 in the comprehensive zoning by-law, for lands zoned
M3-5, an existing parking area may be gravel surfaced instead of the asphalted up till
December 7, 2022 provided the parking area is for a contractor or maintenance user, the
parking area is located a minimum of 153 metres from a public Street, and the parking
area is physically separated by a berm, and the front yard is tree cover a minimum of 153
metres from Beckwith Street.
10.3.7 M3-6 Exception 6 to the Industrial-Type 3 Zone (B/L 9/22)
Notwithstanding any provisions to the contrary, the following provisions shall apply to the
lands municipally known as 403 Lasalle Line, West ½ Lot 26, Concession 12, in the
Township of St. Clair:
i)
Shall have a minimum lot area of 32 ha;
ii)
Shall have a minimum front yard setback of 38.0 m
iii)
Shall have a minimum interior west side yard setback of 9m from an industrial zone;
iv)
Shall have a minimum interior west side yard setback of 7m when not abutting an
industrial zone;
v)
Shall have a minimum interior side yard setback from pipeline substations in the
EP-WD Zone of 20m;
vi)
Shall have a minimum interior side yard setback from pipeline substations within
200m of Lasalle Line of 3m;
vii)
Shall have a minimum setback from a petroleum pipeline right-of-way of 2m;
viii)
Each parking area and driveway connecting the parking area and driveway
connecting the parking area with a street can be gravel in addition to any surface
permitted in Section 4.31.8.
All other provisions of the M3 Zone shall apply to this property.
Township of St. Clair Comprehensive Zoning By-Law
159
10.4
WASTE DISPOSAL INDUSTRIAL (M4) ZONE
10.4.1 Permitted Uses
(a)
Waste Disposal Site
(b)
Buildings, structures and uses accessory to a permitted use.
10.4.2 Waste Disposal M4-1 Zone - (Deleted by B/L 26/15)
10.4.3 Waste Disposal Industrial - 2 M4-2 Zone (Hazardous Waste Disposal)
(B/L 26/2015) (B/L 63/2015)
10.4.3.1a
Permitted Uses
a)
Waste Disposal Site uses, as existing at the date of passing of this
by-law, including specialized on-site services associated with and
accessory to the waste disposal site including but not limited to the
administrative offices, laboratories for waste testing and/or analysis,
and pre-treatment systems;
b)
The identified expansion of the waste disposal site;
c)
Incineration of industrial waste materials uses as approved and
specified by Certificate of Approval A031813 in 1986;
d)
Buildings, structures and uses accessory to a permitted use;
e)
Agricultural subject to the regulations of the A1 Zone.
10.4.3.1b
Permitted Uses within a holding symbol
(a)
Waste Disposal Site uses, as existing at the date of passing of this
by-law, including specialized on-site services associated with and
accessory to the waste disposal site including but not limited to the
administrative offices, laboratories for waste testing and/or analysis,
and pre-treatment systems;
(b)
Incineration of industrial waste materials uses as approved and
specified by Certificate of Approval A031813 in 1986;
(c)
Buildings, structures and uses accessory to a permitted use;
(d)
Agricultural subject to the regulations of the A1 Zone.
Township of St. Clair Comprehensive Zoning By-Law
160
10.4.3.2
Landfill and Building Provisions
a) Lot Area
40 hectares minimum
b) Lot Frontage
153 metres minimum
c) Front Yard Depth
153 metres minimum
d) Side Yard Width
15 metres except:
i)
where abutting any
153 metres minimum
non-industrial zone
or street
ii)
for an Office Building,
30 metres minimum
laboratory Building and
from the side lot line
maintenance garage
abutting Telfer Road
e) Rear Yard Depth
30 m. min. except:
where abutting any
153 metre minimum
non-industrial zone
or street
f) Lot Coverage
50 percent maximum
g) Landscaped Open Space
10 percent minimum
h) Height Regulations
Peak elevation of the waste is limited to the height of the existing
perimeter berm 211 metres above mean sea level not including the
addition of the cap of 1.45 metres.
10.4.3.3
Notwithstanding the definition of front yard depth, side yard width, rear
yard depth of this By-Law, the front yard, side yard and rear yard in
this zone shall be taken from the property line to the nearest part of
the limits of the excavated area used for land filling.
10.4.3.4
The Minimum setback from any front, side or rear lot line of any open
storage area in this zone shall not be less than the respective
minimum front yard, side yard or rear yard depth specified in this zone.
10.4.3.5
Definition of "Identified Expansion"
"Identified expansion" shall mean the additional landfill capacity to be
predominantly through a vertical expansion of the existing landfill area
Township of St. Clair Comprehensive Zoning By-Law
161
with an exception of new landfilling outward extents in the south as
shown on the attached Schedule as those lands zoned M4-2 and the
peak elevation of the waste is limited to the height of the existing
perimeter berm 211 metres above mean sea level not including the
addition of the cap of a maximum of 1.45 metres and where the
acceptable landfill materials are listed in Certificate of Approval
A031806 dated in 1986.
10.4.3.6
Definition of "Waste Disposal Site uses, as existing" shall mean the
use of and operation of a landfill site with a no land filling at a height
greater than the original ground level and where the acceptable items
are listed in Certificate of Approval A031806 dated in 1986.
Township of St. Clair Comprehensive Zoning By-Law
162
10.5
AGRICULTURAL INDUSTRIAL (M5) ZONE
10.5.1 Permitted Uses
Abattoir
Agriculturally Related Bulk Sales Establishment
Agricultural Processing Establishment
Agricultural Service Establishment
Agricultural Supply Establishment
Farm Implement Sales Establishment
Grain Elevator
An Office Accessory to a Permitted Use
Commercial Uses Accessory to a Permitted Use
Open Storage accessory to a Permitted Use
Open Display accessory to a Permitted Use
10.5.2 M5-1 Exception 1 to the Industrial Type 5 Zone
Lands described as Part Lot 19, Concession 7, Moore, and zoned M5-1 shall only permit a
gas compressor station and building, uses and structures accessory thereto. Any
development or red-development shall be in accordance with the following provisions:
minimum lot area of 4 hectares, minimum lot frontage of 270 metres, minimum front yard
of 14 metres to the Offices and Control Building, minimum front yard of 18 metres to the
water coolers, minimum front yard of 40 metres to the compressor building, minimum side
yard of 15 metres, minimum rear yard of 15 metres, maximum lot coverage of 50 %, and
minimum landscaped open space of 10%.
10.5.3 M5-2 Exception 2 to the Industrial Type 5 Zone (B/L 14/07)
Notwithstanding any provisions to the contrary, lands zoned M5-2 and described as Part
Lot 19 of Concession 8, geographic Township of Moore, shall permit warehouse buildings
and/or administrative buildings accessory to a gas compressor station and uses accessory
to the above noted buildings. Notwithstanding any provisions to the contrary, development
shall be in accordance with the following provisions: minimum lot area of 4 hectares,
minimum lot frontage of 115 metres, minimum setback from Tecumseh Road of 15
metres, minimum top of bank setback from the Lauer/Jarvis Drain(s) of 15 metres,
minimum interior side yard of 15 metres, minimum rear yard of 15 metres, minimum
landscaped open space of 10 percent; and a maximum building height of 12 metres. In
addition, the requirements of the Woodlot Assessment of June 2006 shall be implemented
at the time of Site Plan Control for any building construction in the M5-2 Zone.
Township of St. Clair Comprehensive Zoning By-Law
163
10.5.4 M5-3 Exception 3 to the Agricultural Industrial Type 5 Zone (B/L 28/12)
Notwithstanding any provisions to the contrary, lands zoned M5-3 shall permit a gas
compressor station including warehouse buildings and/or administrative buildings
accessory to a gas compressor station and uses accessory to the above noted permitted
uses.
For lands zoned M5-3 the permitted uses shall comply with the following provisions in
addition to the other non-conflicting provisions of the By-Law:
Minimum Lot Area
4 ha
Minimum Lot Frontage
140 m
Minimum Front Yard Setback
130 m
Minimum Side Yard
Compressor building
30 m
Storage/other buildings
4.5 m
Open storage
3 m
Minimum Rear Yard Setback
Compressor building
30 m
Storage/other buildings
4.5 m
Open storage
3 m
Maximum Lot Coverage
50%
Minimum Landscaped Open Space
30%
Maximum Building Height
14 m
Landscaped berming shall be required between Burman Line and any processing areas of
the industrial facility as well as west of any compressor station.
Maximum height of items in open storage shall be no higher than the berm.
Notwithstanding the above provisions, all buildings and structures existing at the date of
passing of this By-Law shall be deemed to comply with the provisions of the By-Law.
Notwithstanding Subsection 4.31.8, a graveled parking area and lane shall be permitted
for a compressor station, warehouse, storage use for lands zoned M5-3.
10.5.5 M5-4 Exception 4 to the Agricultural Industrial Type 5 Zone
(B/L 44/13)
For lands zoned M5-4, uses accessory to a compressor station including an office
building, warehouse building, instrumentation control building associated with the
compressor station shall be permitted, subject to the provisions of the by-law and the
following:
Township of St. Clair Comprehensive Zoning By-Law
164
Notwithstanding any provisions to the contrary, the following provisions shall apply:
Minimum Lot Area
4 hectares
Minimum Lot Frontage
200 metres
Minimum Front Yard
30 metres
Minimum Rear Yard
15 metres
Minimum Interior Side Yard
15 metres, except where lands abut
another industrial zone the minimum
interior side yard shall be 3 metres
Maximum Lot Coverage
30%
Township of St. Clair Comprehensive Zoning By-Law
165
10.6
LARGE SCALE GREENHOUSE (M-6h) ZONE (B/L 39/08)
10.6.1 (i)
Permitted Uses With a Holding (h) Symbol
(a)
Conservation uses
(b)
Passive open space recreational uses
10.6.1 (ii)
Permitted Uses Without the Holding Symbol
(a)
Large Scale Greenhouse Facility
(b)
An Office Accessory to a Permitted Use
(c)
Commercial Uses Accessory to a Permitted Use
10.6.2
Building and Structure Regulations
a)
Lot Frontage
minimum 150 metres
b)
Lot Area
minimum 36 hectares
c)
Bickford Line or Front Yard
minimum 30 metres
d)
Interior Side Yard
minimum 15 metres
e)
Stanley Line Side Yard
minimum 30 metres
f)
St. Clair Parkway Setback
minimum 96 metres north of the Terra
Outlet
minimum 60 metres south of the Terra
Outlet
g)
Lot Coverage
maximum 68%
h)
Open Space
20 percent %
i)
Building Height maximums
from peak to average grade:
9.5m for greenhouses
11m for service buildings
17m for water tower/tanks
9m for other buildings not listed
10.6.3
Parking Space Numbers
Minimum of 67 spaces for first 102,000 m2 of lot coverage and 12 spaces for
each additional 200,000 m2 gross floor area.
10.6.4
Loading Spaces
5 spaces per 450 square metres of general packaging, shipping floor area.
No loading space shall be located closer to a public street than any building
on site or the minimum yard setback from a street.
10.6.5
Used Plant (Vine) Outdoor Storage
All used or unwanted plant material or compost shall not be stored in yards
abutting a street.
Township of St. Clair Comprehensive Zoning By-Law
166
10.6.6
Parkway Appearance
Berming will be required to buffer development along the St. Clair Parkway,
where the development abuts the St. Clair Parkway. Landscaping-tree
plantings will be required in the yard abutting the St. Clair Parkway.
10.6.7
Outdoor Water Reservoirs
Outdoor water reservoirs shall be a minimum of 7.5 metres from all lot lines
and shall be a minimum of 30 metres from the nearest dwelling on a
separate lot.
10.6.8
Storm Water Management Ponds
Storm water management ponds shall be a minimum of 7.5 metres from all
lot lines and shall be a minimum of 30 metres from the nearest dwelling on a
separate lot.
10.6.9
Waste Management Facilities
Waste management facilities or compost shall be a minimum of 7.5 metres
from all lot lines and shall be a minimum of 30 metres from the nearest
dwelling on a separate lot.
10.6.10
Emission Stacks
Smoke stacks (Infrastructure for the outlet or dispersion of emissions into the
atmosphere) shall be a minimum of 153 metres from a street line.
Township of St. Clair Comprehensive Zoning By-Law
167
11
ENVIRONMENTAL PROTECTION ZONES
11.1
ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE
11.1.1 Permitted Uses
Active Recreation, exclusive of buildings and structures
Accessory Industrial Uses, exclusive of buildings and structures
Agriculture, exclusive of buildings and structures
Conservation
Passive Recreation, exclusive of buildings and structures
Marine facilities
11.1.2 Prohibited Uses
The erection of buildings or structures are prohibited except:
1)
those required for flood and erosion control purposes;
2)
those required for the safety of persons living in or adjacent to the
Environmental Protection Zone.
3)
those required for marine facilities.
11.1.3 EP-H-1 Exception 1 to the Environmental Protection - Hazard Zone
Lands described as Part Lot 52, Front Concession, geographic Township of Moore,
and Zoned EP-H-1 shall permit a boat lift with a maximum of 0.8 metres wall
enclosure, in addition to any other uses permitted by the EP.1 Zone.
Township of St. Clair Comprehensive Zoning By-Law
168
11.2
ENVIRONMENTAL PROTECTION - WETLAND (EP-WET) ZONE
11.2.1 Permitted Uses
Conservation, exclusive of buildings and structures
Existing Agriculture, exclusive of buildings and structures
Passive Recreation, Exclusive of buildings and structures
Township of St. Clair Comprehensive Zoning By-Law
169
11.3
ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE
11.3.1 Permitted Uses
Active Recreation, exclusive of buildings and structures
Conservation, exclusive of buildings and structures
Existing Agriculture, exclusive of buildings and structures
Passive Recreation, Exclusive of buildings and structures
11.3.2 Tree Removal
No trees may be removed or cleared within the EP-WD being in accordance with
accepted woodlot management practices and tree savings plan and the County of
Lambton Tree Cutting By-Law.
Township of St. Clair Comprehensive Zoning By-Law
170
11.4
ENVIRONMENTAL PROTECTION - NATURAL (EP-N) ZONE
11.4.1 Permitted Uses
No lands shall be used or no buildings or structures erected in the Environmental
Protection - Natural Zone except for the following purposes:
(a) Conservation
11.4.2 Prohibited Uses
The erection of buildings or structures including fences are prohibited except for
gage wire fencing
11.4.3 Tree Removal
No trees may be removed or cleared within the EP-N without being in accordance
with accepted woodlot management practices and tree savings plan and the
County Tree Cutting By-Law.
11.4.4 Exception 1 to the "Environmental Protection Natural Zone" -EP-N1
(B/L 68/08)
Notwithstanding any provisions to the contrary, the following provisions shall apply
to the lands described as Concession 1, North Part Lot 4, geographic Township of
Moore, Township of St. Clair:
Minimum frontage of 320 metres; minimum lot area of 200,000 square metres.
Lands zoned EP-N1 will be permitted to construct an 80 foot by 400 foot storage
building in addition to the other permitted uses in Section 11.4.1. The required front
yard setback is 35 metres. All other setbacks for buildings in an A1 zone apply. No
additional buildings will be permitted. Until such time as the land owner has applied
for a "Replanting Permit" with the County of Lambton Land Division Committee, no
building permit will be issued for the storage building.
Township of St. Clair Comprehensive Zoning By-Law
171
12
OPEN SPACE ZONES
12.1
OPEN SPACE - 1 (OS1) ZONE
(parkland and passive greenspace)
12.1.1 Permitted Uses
(a)
Conservation
Passive Recreation
Public Park
(b)
Washrooms accessory to a park
(c)
Picnic areas and pavilions accessory to a park
12.1.2 OS1-1 Exception 1 to the Open Space -1 Zone
For the lands Zoned OS1-1 in Corunna, the parking of boats and boat trailers, a
pumping station and water intake / outlet appurtenances and an office used for
water pollution control shall be permitted subject to the building provisions of the
OS1 Zone.
All proposals for new development shall be accompanied by a site by site
assessment regarding slope stability before a building permit may be issued. The
Corporation of the Township of St. Clair will require a geological, geo-technical or
such other study as the Township deems necessary and consultation with the St.
Clair Region Conservation Authority prior to the issuance of a building permit.
Where a geological, geo-technical or such other study as the Township deems
necessary is carried out and indicates that greater setbacks are required than found
in the specific zone within which the subject property is located, the setbacks
established in the study shall take precedence over other zone regulations. The
slope study shall address all slope stability issues deemed necessary and may
require a peer review at the property owners' expense.
Where a geological, geo-technical or such other study as the Township deems
necessary is carried out, a professional geo-technical engineer in conjunction with
the building inspector shall monitor the implementation of the study and the
development. Following construction, the geotechnical engineer will provide
certification that the new development has been carried out as per the design. The
costs for design, monitoring and certification are to be borne by the proponent
12.1.3 OS1-2 Exception 2 to the Open Space-1 Zone
For lands zoned OS1-2 in Part Lot "C", Con 10, Sombra, a single dock may be
erected, not accessory to a dwelling, subject to the provisions of the OS1 Zone.
Township of St. Clair Comprehensive Zoning By-Law
172
12.1.4 OS1-3 Exception 3 to the Open Space-1 Zone (B/L 16/2008)
For the lands zoned OS1-3 in Lot E and Lot F, Concession 6, Sombra, all docks
existing on the date of the passing of this By-Law shall be deemed to be legal non-
confirming. Any new dock will have to be 2.45 metres from either side lot line
projected into the watercourse. The minimum frontage for a lot in the OS1-3 zone
is 12 metres and the minimum lot area is 400 square metres.
12.2
OPEN SPACE-2 (OS2) ZONE
(active recreation and commercial greenspace)
12.2.1 Permitted Uses
(a)
Active Recreation
(b)
Fairground
(c)
Golf Course
(d)
Golf Driving Range
(e)
Public Park
(f)
Private Park
(g)
Institutional Uses and Public Campgrounds
(h)
Accessory uses, buildings or structures
Township of St. Clair Comprehensive Zoning By-Law
173
13
FUTURE DEVELOPMENT ZONES
13.1
FUTURE DEVELOPMENT (FD) ZONE
13.1.1 Permitted Uses
(a)
The purpose for which any land, building or structure was being used on the
day of passing of this By-Law shall be a permitted use for such land, building
or structure, so long as said land, building and structure continues to be
used for such purpose.
(b)
Agriculture exclusive of buildings
(c)
Forestry
(d)
Home Occupation
(e)
Building, structures and uses accessory to a permitted existing residential
use.
13.1.2 Site Regulations
(a)
The minimum lot area and frontage, the minimum front, side and rear yard
depths, maximum height, maximum gross floor area and the maximum lot
coverage shall remain as it lawfully existed on the effective date of this By-
Law.
(b)
The foregoing shall not apply to prevent the alteration or enlargement of
existing dwellings provided they are in compliance with the regulations of the
R1 Zone or the erection or enlargement of buildings or structures accessory
thereto in compliance with the regulations of the general provisions.
13.1.3 FD-1 Exception 1 to the Future Development Zone (B/L 46/04)
For lands zoned FD-1, a Single-detached dwelling shall be permitted within the
FD-1 Zone in accordance with the following provisions:
a)
Minimum Front Yard Setback of 6 metres
b)
Minimum Setback from the Railway of 30 metres
c)
Minimum Setback of 73 metres from the west side lot line
d)
Minimum Rear Yard Setback of 7.5 metres
e)
All existing buildings situated on the lands subject to the FD-1 Zone shall be
deemed to conform to this By-Law and its predecessors in terms of lot
coverage, setbacks and height
f)
All other provisions of the R1 Zone shall apply
Township of St. Clair Comprehensive Zoning By-Law
174
13.1.4 FD-2 Exception 2 to the Future Development Zone (B/L 53/05)
Notwithstanding Subsection 13.1.2, the minimum lot frontage shall be 6 metres and the
minimum lot area shall be 9 hectares for lands zoned FD-2. All other provisions of
Subsection 13.1.2, the FD Zone and By-Law 17 of 2003 shall apply for lands zoned FD-2.
13.1.5
Notwithstanding any provision in By-law 17 of 2003 to the contrary, a greenhouse building
no greater than 84 m2 shall be permitted for a period of no greater than 3 years from the
passing of the temporary use by-law. The temporary greenhouse shall be subject to the
general provisions of the by-law, save an except Section 4.9.1 and setback a minimum of:
66 metres from the west lot line, 44 metres from the north lot line, 54 metres from the
south lot line, and 30 metres from the eastern lot line. (B/L 2/18)
Township of St. Clair Comprehensive Zoning By-Law
175
ADOPTION
This By-Law read a first time this 21st day of April, 2003.
This By-Law read a second time this 21st day of April, 2003.
This By-Law read a third time and finally passed this 21st day of April, 2003.
SIGNED :
_______________________________________
Mayor, Joseph Dedecker
________________________________________
Clerk, John DeMars
*************
I hereby certify that the foregoing is a true copy of By-Law No. 17 of 2003 as enacted by
the Council of the Corporation of the Township of St. Clair on the 21st day of April, 2003..
Signed :
________________________________________
Clerk
Township of St. Clair Comprehensive Zoning By-Law
176
APPENDIX "A" - MINIMUM DISTANCE SEPARATION
(By-law 24 of 2011)
Step
Animals Type or Material
& Description (Table 1)
Manure Form
(Solid or Liquid)
Number/NU
(Table 1)
Maximum
Housing
Capacity
Nutrient
Units
Factor A
(Table 1)
Factor D
(Table 1)
1
2
Total Nutrient Unit Capacity on Lot
Total
3
Factor A (Odour Potential)
Weight Average by NU (round to 2 decimal places)
4
Factor D (Manure or Material Form)
Weight Average by NU (round to 2 decimal places)
5
Factor E (Encroaching Land Use - Table 4)
6
Potential Nutrient Units: Tillable Ha on Lot ____ x 7.5 = _____ (maximum 300)
7
8
Factor B (Nutrient Units Factor - Table 2)
(round to 2 decimal places)
9
F: Building Base Distance (m) = Factor A (3) x Factor D (4) x Factor E (5) x Factor B (8)
(round up)
10
S: Manure Storage Base Distance (m) (Tables 5 & 6)
(round up)
Required Setback from livestock occupied portion of livestock facility = F (9)
______ m
Actual: _____ m
Required Setback from manure or material storage area = S (10)
______ m
Actual: _____ m
MINIMUM DISTANCE SEPARATION I CALCULATION FORM
Final NU: Greater of Total NU on Lot (2) and Potential NU (6) (For
expansion of a settlement area identified in the Official Plan, ignore Potential NU).
TYPE A LAND USES - see by-law definitions.
TYPE B LAND USES - see by-law definitions.
Township of St. Clair Comprehensive Zoning By-Law
177
Step
Animals Type or Material
& Description
(Table 1)
Manure
Form
(Solid or
Liquid)
Number/
NU
(Table 1)
Maximum
Housing
Capacity 3
Years Ago
(1)
NU 3
Years
Ago
(1)
Added
Maximum
Housing
Capacity
(1)
Added
NU
(1)
Final
NU
Factor
A
(Table 1)
Factor
D
(Table 1)
1
2
Total Nutrient Unit Capacity on Lot
Totals
3
Factor A (Odour Potential)
Weight Average by Added NU (round to 2 decimal places)
4
Factor D (Manure or Material Form)
Weight Average by Added NU (round to 2 decimal places)
5
Factor B (Nutrient Units Factor - Table 2 - based on Total Final NU)
(round to 2 decimal places)
6
Percentage Increase (%) = (Total Added NU / Total NU 3 Years Ago) x 100
7
Factor C (Orderly Expansion Factor - Table 3)
(round to max 4 decimal places)
8
F: Building Base Distance (m) = Factor A (3) x Factor D (4) x Factor B (5) x Factor C (7)
(round up)
9
S: Manure Storage Base Distance (m) (Tables 5 & 6)
(round up)
Factor
Actual
Setback
(m)
Type A Land Uses
1
Type B Land Uses
2
Interior Side or Rear Lot Line (max 30m)*
0.1
Exterior Side or Front Lot Line*
0.2
*Round to nearest whole number
MDS II SUMMARY
MINIMUM DISTANCE SEPARATION II CALCULATION FORM
(1) Any livestock facility capacity for which a building permit was issued less than 3 years prior to the current building permit
application submission date (and including the current building permit application) is to be considered added capacity.
Added capacity could be negative.
Required
Setback (m)
('F' x Factor)
Required
Setback (m)
('S' x Factor)
Actual Setback
(m)
Livestock Occupied Portion
Manure Storage
Base Distance S = ____ m
Base Distance F = ____ m
Township of St. Clair Comprehensive Zoning By-Law
178
Liquid Manure:
Factor D = 0.8
<18% Dry Matter
Solid Manure:
Factor D = 0.7
18 - 100% Dry Matter
Sows with litter, dry sows/boars
Segregated Early Weaning (SEW)
3.33
Sows with litter, dry sows or boars (non-
SEW)
3.5
Breeder gilts (entire barn designed
specifically for this purpose)
5
Weaners (7 kg -27 kg)
20
1 .1
Feeders (27 -105 kg)
6
1.2
Milking-age cows (dry or milking)
Large-framed; 545 kg - 636 kg (e.g.
Holsteins)
0.7
Medium-framed; 455 kg - 545 kg (e.g.
Guernseys)
0.85
Small-framed; 364 kg - 455 kg (e.g.
Jerseys)
1
Heifers (5 months to freshening)
Large-framed; 182 kg - 545 kg (e.g.
Holsteins)
2
Medium-framed; 148 kg - 455 kg (e.g.
Guernseys)
2.4
Small-framed; 125 kg - 364 kg (e.g.
Jerseys)
2.9
Calves (0 -5 months)
Large-framed; 45 kg - 182 kg (e.g.
Holsteins)
6
Medium-framed; 39 kg - 148 kg (e.g.
Guernseys)
7
Small-framed; 30 kg - 125 kg (e.g.
Jerseys)
8.5
Cows, including calves to weaning (all
breeds)
1
0.7
N/ A
Feeders (7 -16 months)
3
Backgrounders (7 - 12.5 months)
3
Shortkeepers (12.5 - 17.5 months)
2
Milk-fed
6
1.1
Grain-fed
6
0.8
Does & bucks (for meat kids; includes
unweaned offspring & replacements
8
Does & bucks (for dairy; includes
unweaned offspring & replacements)
8
Kids (dairy or feeder kids)
20
Ewes & rams (for meat Iambs; includes
unweaned offspring & replacements)
8
Ewes & rams (dairy operation; includes
unweaned offspring & replacements)
6
Lambs (dairy or feeder Iambs)
20
Slatted floors or
slatted stall system
Description
Animal Type
or Material
0.7
Swine
1.0
Most systems have
liquid manure
stored under the
barn slats for short
or long periods, or
in storages located
outside
Systems with solid
manure inside on
deep bedded
packs, or with
scraped alleys
Beef Cattle
0.8
Slatted floor
systems, or barns
with minimal
bedding & yard
scraped to a liquid
storage
Bedded pack barns
with or without
outside yard access
Manure or Material Form in Permanent
Storage
Dairy Cattle1
Tie-stall barns with
lots of bedding, or
loose housing with
deep bedded pack,
and with or without
outside yard access
Bedded pens or
stalls or heavily
bedded calf
hutches that are
outside
Factor
A
Number
per NU
Heavily bedded
pack barns
Veal
Goats
0.7
N/ A
Heavily bedded
pack barns
All sheep systems
N/ A
0.7
Sheep
Free-stall barns
with minimal
bedding or sand
bedding, or tie-stall
barns with minimal
bedding & milking
centre washwater
added
TABLE 1: Factor A (Odour Potential) and Factor D (Manure or Material Form in Storage Facility)
Township of St. Clair Comprehensive Zoning By-Law
179
Township of St. Clair Comprehensive Zoning By-Law
180
Liquid Manure:
Factor D = 0.8
<18% Dry Matter
Solid Manure:
Factor D = 0.7
18 - 100% Dry Matter
Large-framed, mature; > 681 kg
(including unweaned offspring)
0.7
Medium-framed, mature; 227 kg - 680
kg (including unweaned offspring)
1
Small-framed, mature; < 227 kg
(including unweaned offspring)
2
Layer hens (for eating eggs; after
transfer from pullet barn)
150
1.0
Layer pullets (day olds until transferred
into layer barn)
500
0.7
Broiler breeder growers (males/ females
transferred out to layer barn)
300
0.7
N/A
Bedded floors
Broiler breeder layers (males/females
transferred in from grower barn)
100
0.7
N/A
Cage or slatted
floor systems
Broilers on 8 week cycle
350
Broilers on 9 week cycle
300
Broilers on 10 week cycle
250
Broilers on 12 week cycle
200
Broilers on any other cycle, or if
unknown, use 24.8 m2/NU
24.8 m2
Turkey pullets (day old until transferred
to layer turkey barn)
267
Turkey breeder layers (males/females
transferred in from grower barn)
67
Breeder toms
45
Broilers (day olds to 6.2 kg)
133
Hens (day olds up to 6.2 kg to 10.8 kg;
7.5 kg is typical)
105
Toms (day olds to over 10.8 to 20 kg;
14.5 kg is typical)
75
Turkeys at any other weights, or if
unknown, use 24.8 sq m/NU
24.8 m2
Quail
Use 24.8 m2/NU
24.8 m2
Partridge
Use 24.8 m2/NU
24.8 m2
Pheasants
Use 24.8 m2/NU
24.8 m2
Squab
Use 24.8 m2/NU
24.8 m2
Rheas
Adults (includes replacements & market
birds)
13
Emus
Adults (includes replacements & market
birds)
12
Ostriches
Adults (includes replacements & market
birds)
4
Peking
105
Muscovy, use 24.8 m2/NU
24.8 m2
Geese
Use 24.8 m2/NU
24.8 m2
Rabbits
Breeding females (including males,
replacements & market animals)
40
Chinchillas
Breeding females (including males,
replacements & market animals)
320
Fox
Breeding females (including males,
replacements & market animals)
25
Mink
Breeding females (including males,
replacements & market animals)
90
N/A
Cage or floor
systems
1.0
0.7
Horses
Animal Type
or Material
(Table 1,
Page 2 of 3)
Manure or Material Form in Permanent
Storage
Factor
A
N/ A
Turkeys
Birds in cages,
manure belts, no
drying of manure,
water added
Birds in cages,
manure belts &
drying, or floor
systems
Chickens
0.7
N/A
Bedded floor
systems
0.7
N/ A
Bedded floor
systems
0.7
N/A
Bedded floor
systems
0.8
Wire mesh flooring
systems
Bedded floor
systems
Ducks
All horse systems
0.8
Number
per NU
Description
Township of St. Clair Comprehensive Zoning By-Law
181
Township of St. Clair Comprehensive Zoning By-Law
182
Liquid Manure:
Factor D = 0.8
<18% Dry Matter
Solid Manure:
Factor D = 0.7
18 - 100% Dry Matter
Adults (includes unweaned calves &
replacements)
1.3
Feeders (170kg - 477kg)
4
Adults (includes unweaned young &
replacements)
5
Feeders (45kg - 86kg)
16
Adults (includes unweaned young &
replacements)
8
Feeders (23kg - 48kg)
26
Breeding age sows (includes boars,
replacements & weaned piglets to 27kg)
5
Finishing boars (27 kg -86 kg)
7
White tailed deer
-Adults> 24 mo (including unweaned
offspring
11
-Feeders
21
Red deer
-Adults> 24 mo (including unweaned
offspring)
7
-Feeders
14
Elk
-Adults> 24 mo (including unweaned
offspring)
2
-Feeders
6
Elk/deer hybrids
-Adults> 24 mo (including unweaned
offspring)
4
-Feeders
10
Fallow deer
-Adults> 24 mo (including unweaned
offspring)
13
-Feeders
23
Other livestock
not listed in this
table
To determine the number per NU, add
up the total maximum live weight of
animals and divide by the weight of
animals per NU in the next column
453.6 kg
(1000
Ibs)
0.8
All storages with
liquid manure
All storages with
solid manure
Manure
imported to a
lot not
generating
manure2
Maximum capacity of permanent
storages at any time: solid or liquid
capacity
19.8 m3
(700 ft3)
1.2
All storages with
liquid manure
All storages with
solid manure
Storages for
digestate from
an Anaerobic
Digester
(odours
reduced during
this process)
Maximum capacity of permanent
storages at any time: solid or liquid
capacity
19.8 m3
(700 ft3)
0.5
All storages with
liquid manure
All storages with
solid manure
Bedded pack barns
with outside access
OR outside
confinement areas
N/ A
0.7
1. On farms with 100 milking-age cows [dry & milking), there are usually about 20 replacement calves and 80 replacement heifers.
2. Average value for typical types of manures that might be imported to a lot, such as poultry, dairy, beef, swine, horse or other manure.
N/A = Not Applicable
Deer
Bison
Llama
Alpaca
Wild Boar
Animal Type
or Material
(Table 1,
Page 3 of 3)
Description
Number
per NU
Factor
A
Manure or Material Form in Permanent
Storage
Township of St. Clair Comprehensive Zoning By-Law
183
Township of St. Clair Comprehensive Zoning By-Law
184
66
285
240
429
68
287
245
432
43
0.7666
6
153
70
289
250
435
44
0.7728
7
157
72
291
260
441
1
0.5062
45
0.7790
8
160
74
293
270
447
2
0.5124
46
0.7852
9
163
76
294
280
453
3
0.5186
47
0.7914
10
167
78
296
290
458
4
0.5248
48
0.7976
11
170
80
298
300
464
5
0.5310
49
0.8038
12
173
82
300
310
469
6
0.5372
50
0.8100
13
177
84
301
320
474
7
0.5434
55
0.8167
14
180
86
303
330
480
8
0.5496
60
0.8230
15
183
88
305
340
485
9
0.5558
65
0.8294
16
187
90
307
350
490
10
0.5620
70
0.8357
17
190
92
309
360
494
11
0.5682
75
0.8420
18
193
94
310
370
499
12
0.5744
80
0.8484
19
197
96
312
380
504
13
0.5806
85
0.8547
20
200
98
314
390
508
14
0.5868
90
0.8610
21
202
100
316
400
513
15
0.5930
95
0.8674
22
204
102
318
410
517
16
0.5992
100
0.8737
23
206
104
320
420
522
17
0.6054
105
0.8800
24
208
106
322
430
526
18
0.6116
110
0.8864
25
210
108
324
440
530
19
0.6178
115
0.8927
26
212
110
326
450
535
20
0.6240
120
0.8990
27
214
112
329
460
539
21
0.6302
125
0.9054
28
216
114
331
470
543
22
0.6364
130
0.9117
29
218
116
333
480
547
23
0.6426
135
0.9180
30
220
118
335
490
551
24
0.6488
140
0.9244
31
222
120
337
500
555
25
0.6550
145
0.9307
32
224
122
339
520
562
26
0.6612
150
0.9371
33
226
124
340
540
570
27
0.6674
160
0.9497
34
228
126
342
560
577
28
0.6736
170
0.9624
35
230
128
344
580
584
29
0.6798
180
0.9751
36
232
130
346
600
591
30
0.6860
190
0.9877
37
234
135
351
620
598
31
0.6922
200
1.0000
38
236
140
355
640
605
32
0.6984
300
1.0280
39
238
145
360
660
611
33
0.7046
400
1.0560
40
240
150
364
680
618
34
0.7108
500
1.0840
41
242
155
368
700
624
35
0.7170
600
1.1120
42
244
160
372
750
639
36
0.7232
43
246
165
376
800
654
37
0.7294
44
248
170
380
850
668
38
0.7356
45
250
175
384
900
681
39
0.7418
46
252
180
388
950
694
40
0.7480
47
254
185
392
1000
707
41
0.7542
48
256
190
395
1100
731
42
0.7604
49
258
195
399
1200
753
50
260
200
402
1300
775
52
264
205
406
1400
795
54
268
210
409
1500
815
56
272
215
413
2000
870
58
276
220
416
3000
980
60
280
225
419
4000
1090
62
282
230
423
5000
1200
64
284
235
426
>5000 See Note.
700% or
more or
first
Livestock
Facility on
Lot
1.1400
0.5000
Final
NU
Factor
B
Factor C
% Increase
in NU
150
5 or
Less
Table 2 Note: For capacities >5000 NU: consult OMAFRA,
Municipal staff or, MDS Computer Program.
Factor C
TABLE 2: Factor B (Nutrient Units Factor)
0% or
Decrease
% Increase
in NU
TABLE 3: Factor C
(Orderly Expansion Factor)
Final
NU
Factor
B
Final
NU
Factor
B
Township of St. Clair Comprehensive Zoning By-Law
185
Factor E
1.1
2.2
*See Section 2, Definitions, in Zoning By-law.
TABLE 5: Permanent Manure or Material Storage Types
Solid Manure: 18% dry matter, or more
Liquid Manure: Less than 18% dry matter
Digestate: Less than 18% dry matter
Storage
Odour
Potential
Solid or
Liquid
System
Inside or
Outside
Livestock
Facility
Number
referred to
in Table 6
Description of permanent manure storages being sited
by MDS II, or encroached upon through MDS I
application
Inside
V1
Solid, inside, bedded pack (manure accumulates under
livestock over time)
V2
Solid, outside, covered (cover keeps off precipitation to
prevent runoff)
V3
Solid, outside, no cover, greater than or equal 30% dry
matter (manure is dry enough that a flowpath option can be
used for runoff control (Nutrient Management Act, 2002)
V4
Solid, outside, no cover, 18% to less than 30% dry matter,
with covered liquid runoff storage (manure not dry enough to
soak up precipitation, so a liquid runoff storage needed but it
has a permanent, tight cover)
Inside
V5
Liquid, inside, underneath slatted floor (manure is stored
under the animals in the barn)
V6
Liquid, outside, with a permanent, tight fitting cover
(negative pressure tarp, concrete lid, inflatable dome, etc.)
V7
Liquid, (digestate), outside, no cover (all manure has been
treated through anaerobic digestion, or a similar process
that reduces odours)
Solid
Outside
L1
Solid, outside, no cover, 18% to less than 30% dry matter,
with uncovered liquid runoff storage (manure not dry enough
to soak up precipitation, so a liquid low runoff storage
needed, but it is uncovered, producing more odour than in
V4 above)
Liquid
Outside
L2
Liquid, outside, with a permanent floating cover (tarps, foam
panels, etc.)
M1
Liquid, outside, no cover, straight-walled storage (usually
circular or rectangular, concrete or steel storages)
M2
Liquid, outside, roof, but with open sides (roof keeps off
precipitation, but the open sides allow wind to travel over the
manure and carry odours)
High
Liquid
Outside
H1
Liquid, outside, no cover, sloped-sided storage (earthen
manure storages, but not earthen runoff storages
associated with a solid manure storage which are L 1
above)
Outside
Solid
Liquid
Encroaching Land Use
Type A Land Use*
Type B Land Use*
TABLE 4: Factor E (Encroaching Land Use Factor)
Outside
Very Low
Low
Medium
Liquid
Outside
Very Low
Low
Medium
High
Odour Storages
V1 to V7
Odour Storages
L1 to L2
Odour Storages
M1 to M2
Odour Storages
H1
40
40
64
136
232
50
50
74
145
240
60
60
84
154
248
70
70
93
163
256
80
80
103
172
264
90
90
113
181
272
100
100
123
190
280
110
110
132
199
288
120
120
142
208
296
130
130
152
217
304
140
140
162
226
312
150
150
171
235
320
160
160
181
244
328
170
170
191
253
336
180
180
201
262
344
190
190
210
271
352
200
200
220
280
360
210
210
230
289
368
220
220
240
298
376
230
230
249
307
384
240
240
259
316
392
250
250
269
325
400
260
260
279
334
408
270
270
288
343
416
280
280
298
352
424
290
290
308
361
432
300
300
318
370
440
310
310
327
379
448
320
320
337
388
456
330
330
347
397
464
340
340
357
406
472
350
350
366
415
480
360
360
376
424
488
370
370
386
433
496
380
380
396
442
504
390
390
405
451
512
400
400
415
460
520
420
420
435
478
536
440
440
454
496
552
460
460
474
514
568
480
480
493
532
584
500
500
513
550
600
600
600
610
640
680
800
800
805
820
840
1000
1000
1000
1000
1000
Table 6: MDS I/II Separation Distances for Permanent Manure Storage
Greater than 1000 m
Storage Separation Distances Based on Relative Odour Potential -
Storage Base Distance, 'S' (m)
Building Base Distance
(m) for MDS II ('F'), or
Encroachment Base
Distance for MDS I ('F')
Storage Base Distance, 'S', should be the same as Building Base Distance or
Encroachment Base Distance -'F'
Township of St. Clair Comprehensive Zoning By-Law
ZONING BY-LAW AMENDMENTS
Date
By-Law No. Passed
Description
Status
63 of 2003
Sept 15/03
Southwest Agriculture Partners
Clerk's Affidavit
Part Lot 16, Con 7
A.1 to C.3 & A.1-11 Zone (site specific)
65 of 2003
Sept. 2/03
1375404 Ontario Limited (Benedict)
Clerk's Affidavit
Pt Lts D & E, Con 5
R.4 & EP-H to R.4-3, R.4-4 & EP-H
(site specific)
3 of 2004
Jan. 5/04
John Ford Trucking
Signed By-Law
3214 Brigden Road
Part Lot 6, Con 6
A1 to A12
4 of 2004
Jan. 5/04
EGA Systems Canada
Signed By-Law
389 Murray Street
Lots 335-339 & Pt Lt 347, Pl 413
I1 to I1-1
39 of 2004
May 3/04
Township of St. Clair
Signed By-Law
Lot 26, Concessions 5 thu 8
Boundary/zoning adjustment
46 of 2004
July 19/04
Robert & Joan Rymal
Signed By-Law
445 West Ward Line
FD to FD-1
47 of 2004
July 19/04
Lambton County Development
Signed By-Law
Services
368 Brooktree Drive
R1 to R1-5
69 of 2004
Sept 7/04
Dantiki Holdings
Signed By-Law
1031075 Ontario Limited
Pt lot 55, Front Con
Parts 1-63 & Part 72, Plan 25R7496
R3-5 to R1
Township of St. Clair Comprehensive Zoning By-Law
ZONING BY-LAW AMENDMENTS
Date
By-Law No. Passed
Description
Status
78 of 2004
Oct 4/04
Tom & Mikla Gvozdenovic
Signed By-Law
Part Lot B, Con 12
I1 to R1
*Rescinded by B/L 103 of 2004
91 of 2004
Nov 15/04
Township of St. Clair
Signed By-Law
Courtright Commercial Area
C1 & R1 to C6-h & R1
92 of 2004
Nov 15/04
Royal Canadian Legion
Signed By-Law
350 Albert St, Pt Lts 230 & 231, Pl 413
I1 to R1 & R2-1
103 of 2004 Dec 20/04
Tom Gvozdenovic
Signed By-Law
Part Lot B, Con 12
I1 to R1
11 of 2005
Feb 7/05
Pristine Power
Signed By-Law
Part Lots 22 & 23, Con 11
A1 & EP-WD to M3
12 of 2005
Feb 7/05
Monitech Limited
Signed By-Law
Lts 1, 2, & 8 of Plan 3 &
Lts 6, & 69 of Plan 5
24 of 2005
Mar 7/05
St. Andrews Presbyterian Church
Signed By-Law
437 Colborne Street
R1 to I1 & I1-2
25 of 2005
Mar 7/05
Tekoa Farms
Signed By-Law
Part Lot 26, Con 9 (Moore)
A1 to M2
26 of 2005
Mar 7/05
Esther & William Waybrant
Signed By-Law
Pt Blk B & Blk C, Plan 574
Remove H2 zone (R1h2 to R1)
34 of 2005
Mar 21/05
J. Rink Farms
Signed By-Law
Part Lot 26, Con 2 (Moore)
A1 to M3
Township of St. Clair Comprehensive Zoning By-Law
ZONING BY-LAW AMENDMENTS
Date
By-Law No. Passed
Description
Status
51 of 2005
June 13/05
Loblaws Properties Ltd.
Signed By-Law
Part 54, Front Concession
Remove H1 zone (C2-h1 to C2)
53 of 2005
June 28/05
Eric Allaer
Signed By-Law
Part Lots E & F, Con 6
FD to R1 & FD-2
77 of 2005
Sept 19/05
Robbins Farms Limited
Signed By-Law
Part Lot 18, Con 12
A1 to A1-ND
90 of 2005
Nov 7/05
2052689 Ontario Inc.
Signed By-Law
Pt Lts 218-220 & Pt of Alfred
Street (Closed) of Plan 412
I1 to R1
19 of 2006
Apr 3/06
Roger Durfy
Signed By-Law
426 Broadway Street
R1 to R1-6
20 of 2006
April 3/06
Bessie Roberts
Signed By-Law
4166 St. Clair Pkwy
Part Lts D & E, Con 8
A1 to RS-6 & A1-14
33 of 2006
July 17/06
Bernard Kraayenbrink
Signed By-Law
37 Smith Line
Part Lot 1, Con 10
A1 to A1-R and A1-ND
64 of 2006
October 16/06
Housekeeping By-Law
Signed By-Law
re: Front Yard Setback/St. Clair Pkwy
76 of 2006
Dec. 18, 2006
Sanj Kaila
Signed By-Law
697 St. Clair Parkway
RS-SC to RS-7-SC
13 of 2007
February 19, 2007 Colt Engineering a/f Shell Canada
Signed By-Law
130 St. Clair Parkway
OS1 to M3-3
Township of St. Clair Comprehensive Zoning By-Law
ZONING BY-LAW AMENDMENTS
Date
By-Law No. Passed
Description
Status
14 of 2007
Feb. 19, 2007
912176 Ontario Limited c/o Enbridge
Signed By-Law
Pt Lt 19, Con 8, 1191 Rokeby Line &
Pt. Lts 20 & 21, Con 9
A1 & EP-WD to M5-2 & EP-WD
& A1 to EP-WD
15 of 2007
February 19, 2007 Wayne & Ruth Annett
Signed By-Law
2637 Bentpath Line
Pt Lot 27, Con 11
A1 to A1-ND & A1-R
63 of 2006
October 16, 2007
Mark & Anne Marie Lumley
Signed By-Law
1982 Lasalle Line
Part Lot 11, Con 1
A1 to A1-ND & A1-R
33 of 2007
May 22, 2007
Bruce Dramnitzke a/f Cross Roads
Signed By-Law
Christian Fellowship
1504 Kerr Line
Part Lot 16, Con 8
I1 to A1-R1
44 of 2007
July 16, 2007
Robert & Joan Rymal
Signed By-Law
459 West Ward Line
Part Lot E, Con 7
FD-1 to R1-7
55 of 2007
Sept. 4, 2007
Durocher/Youseff
Signed By-Law
Blocks C & D, Plan 600
R3-H2 to R1-8
56 of 2007
Sept. 4, 2007
Township of St. Clair
Signed By-Law
Accessory Buildings
In Suburban or Rural Residential areas
68 of 2007
Nov. 26, 2007
Chinook Global Limited
Signed By-Law
224 West Holt Line
M3-1 to M1 & M2-3
Township of St. Clair Comprehensive Zoning By-Law
ZONING BY-LAW AMENDMENTS
Date
By-Law No. Passed
Description
Status
69 of 2007
Dec. 3, 2007
Moore Presbyterian Foundation
Signed By-Law
Lot172, Plan 413
I1 to R1-H2
75 of 2007
Dec. 17, 2007
Paddock Green Development
Signed By-Law
Plan 730 & 731, Lots inclusive
R1-h2 to R1, OS1 to R1-h2, C5 to OS1
and R1 to R1-h2
15 of 2008
March 17, 2008
J. Lang a/f Christopher Lang
Signed By-Law
1833 Tennyson Line
A1 to A1-ND1 and A1 to A1-R2
16 of 2008
March 17, 2008
Eric Allaer
Signed By-Law
Pt Lots E & F, Con 6
Fd-2 to R1 and OS1 to OS1-3
24 of 2008
April 7, 2008
Raymond & Thelma Sohn
Signed By-Law
769 St. Clair Parkway
RS-SC to RS-SC-1
32 of 2008
May 20, 2008
Brian & Lori Rosseel
Signed By-Law
1157 Lambton Line
A1 to A1-R and A1-ND2
33 of 2008
May 20, 2008
Marcel Beaubien & Mike Bourque
Signed By-Law
1590 St. Clair Parkway
C1 to R7
34 of 2008
May 20, 2008
David & June DeRooy
Signed By-Law
1194 Oil Springs Line
A1 to A1-15
39 of 2008
June 16, 2008
Envirofresh Produce Inc.
Signed By-Law
a/f Terra Industries
Pt of Lot 1, Con 15, Bickford Line
M3 to M6-H
48 of 2008
July 21, 2008
Chinook Global Limited
Signed By-Law
224 West Holt Line
M3-1 to M3-1 & M2-3 (OMB ruling)
Township of St. Clair Comprehensive Zoning By-Law
ZONING BY-LAW AMENDMENTS
Date
By-Law No. Passed
Description
Status
49 of 2008
July 21, 2008
L & B Donahue
Signed By-Law
115 Main Street, Courtright
I1 to R1
61 of 2008
Sept. 22, 2008
Durco Construction Limtied
Signed By-Law
Pt Lot 27, Con 11, Hill Street
R1-H2 to R1 (remove H symbol)
64 of 2008
Sept. 22, 2008
Chris Palocz
Signed By-Law
419 Ward Line
A1 to A1-ND & A1-R3
68 of 2008
October 20, 2008
Glen & Jennifer Curts
Signed By-Law
2368 Waterworks Road
AP-N to EP-N1
75 of 2008
Dec. 15, 2008
Great West Auction Company
Signed By-Law
1188 Kimball Road
C3-2 to A1-R3
20 of 2009
April 20, 2009
T-Mag Marketing - Albert Viscount
Signed By-Law
Lot 172, Plan 413
R1-h2 to R1
27 of 2009
May 29, 2009
Jeff & Lynda Beauchamp
Signed By-Law
393 Beresford Street
C1-4 to R1-SC1
40 of 2009
June 22,2009
Brad Nicholson
Signed By-Law
3121 Waubuno Road
A1 to A1-ND and A1-R
4 of 2010
January 18, 2010
2052689 Ontario Inc. (A. Mesko)
Signed By-Law
Pt Lots 218 & 219, Plan 413
I1 to R1
39 of 2010
August 23, 2010
1560906 Ontario Inc. (S. Youssef)
Signed By-Law
Lots 1-14, Pl 25M21, Maple Drive
R1-8 to R1-9
Township of St. Clair Comprehensive Zoning By-Law
ZONING BY-LAW AMENDMENTS
Date
By-Law No. Passed
Description
Status
47 of 2010
Sept. 20, 2010
David Clark
Signed By-Law
1962 Plank Road
C2 to A1-R-5(h)
54 of 2010
Nov. 22, 2010
Provident Energy
Signed By-Law
4391 Highway 40
M1 to M1-2(h)
3 of 2011
January 10, 2011
Ryan Scott/St. Clair Mechanical
Signed By-Law
2371 Courtright Line
A1-5 to M2-4 & C2-1
11 of 2011
February 14, 2011 Philip Johnson
Signed By-Law
149 Mandaumin Road
A1 to A1-ND & A1-16
24 of 2011
April 18, 2011
MDS Revisions
Signed By-Law
Municpal-wide
5A of 2012
January 8, 2012
Scott & Susan Stephens
Signed By-Law
2877 Waterworks Road
A1 to A1-ND & A1-17
5B of 2012
February 6, 2012
Dennis Marcus
Signed By-Law
4011 St. Clair Parkway
EP-H & RS to RS-5(h)
27 of 2012
July 9, 2012
Provident Energy
Signed By-Law
4391 Highway 40
M1-2(h) to M1-2
28 of 2012
July 9, 2012
Enbridge Gas Distribution Inc.
Signed By-Law
2204 Burman Line
A1 to M5-3
31 of 2012
July 23, 2012
Campbell a/f Jack Renders
Signed By-Law
63 West Pointe Line
A1 to A1-ND & A1-18
Township of St. Clair Comprehensive Zoning By-Law
ZONING BY-LAW AMENDMENTS
Date
By-Law No. Passed
Description
Status
32 of 2012
July 23, 2012
Helen & Elliott Langstaff
Signed By-Law
2132 Bentpath Line
A1 to A1-ND
11 of 2013
March 4, 2013
Second Dwelling Unit Policies
Signed By-Law
Municipal-wide
28 of 2013
May 21, 2013
Sugarland & Cattle Company
Signed By-Law
1887 Lasalle Line
A1 to A1-ND & A1-19
35 of 2013
June 17, 2013
Bert Vandendool
Signed By-Law
Pt Lt D, Con 9, St. Clair Pkwy
A1 to RS-8, RS-9 & A1-18
44 of 2013
Sept. 9, 2013
Enbridge Gas Distribution Inc.
Signed By-Law
1154 Moore Line
A1 to M5-4
52 of 2013
Dec. 2, 2013
Stephen Miller
Signed By-Law
2400 Lasalle Line
I1 to A1-R6
53 of 2013
Dec. 2, 2013
Michael & Renee Card
Signed By-Law
950 Stanley Line
A1 & EP-W to A1-ND4, A1-20 & EP-W
2 of 2014
January 6, 2014
Chris Slote-Anderson
Signed By-Law
2564 Courtright Line
A1 to A1-ND5 & A1-R
9 of 2014
March 4, 2014
Edward & Betty Johnson
Signed By-Law
60 West French Line
A1 to A1-ND & A1-R
22 of 2014
April 29, 2014
Ronald Rosseel
Signed By-Law
457 Smith Line
A1 to A1-ND & A1-R
Township of St. Clair Comprehensive Zoning By-Law
ZONING BY-LAW AMENDMENTS
Date
By-Law No. Passed
Description
Status
4 of 2015
January 5, 2015
Shirley Thompson/Johnathan Zimmerman Signed By-Law
2678 Oil Springs Line
A1 to A1-ND & A1-R
5 of 2015
January 5, 2015
P&A Vandersteen Farms Ltd
Signed By-Law
2249 Brigden Road
A1 to A1-ND & A1-R
8 of 2015
January 19, 2015
Nautical Lands Group
Signed By-Law
Pt Lts 1, 2 & 3, Pt Blk A, Plan 573
& Parts 1- 3, Pt Lt 54, Front Concession
C2 & C2-h1 to R8
15 of 2015
March 16, 2015
Anderson a/f BF Environmental
Signed By-Law
Consultants
Pt Lot E, Con 5, Old River Road
R4(h) to R4
22 of 2015
April 20, 2015
Kerr a/f Frye Farms Ltd
Signed By-Law
2566 Tulloch Line
A1 to A1-ND6 & A1-22
26 of 2015
May 19, 2015
Clean Harbours Canada Inc
Signed By-Law
4090 Telfer Road
M4-1 to M4-2(h) & EP-WD
39 of 2015
July 20, 2015
David Swartz
Signed By-Law
3480 Water Street
R1 to R1-10
OMB Order August 18, 2015
James Seward
PL120961
497 Courtright Line
EP-WD & A1 to M3-4(h1)(h2), M3-4(h3),
EP-WET & EP-WD
59 of 2015
Sept. 21, 2015
Anderson/Lucier
Signed By-Law
1403 Charlemont Li/189 Kimball Rd
A1 to A1-ND7 & A1-22
Township of St. Clair Comprehensive Zoning By-Law
ZONING BY-LAW AMENDMENTS
Date
By-Law No. Passed
Description
Status
63 of 2015
Oct. 19, 2015
Clean Harbours Canada Inc.
Signed By-Law
4090 Telfer Road
Remove (h) - M4-2(h) to M4-2
5 of 2016
January 18, 2016
Paddock Green Ltd./Brousseau
Signed By-Law
Plan 30
Remove (h) - R1(h2) to R1
16 of 2016
March 21, 2016
Adam Harris
Signed By-Law
1650 Kent Li/80 Kimball Rd
A1 to A1-R
22 of 2016
June 6, 2016
William Brunton
Signed By-Law
2758 Rokeby Line
A1 to A1-ND
32 of 2016
September 6, 2016 Tammy Humer Wirtz
Signed By-Law
3502 St. Clair Parkway
C1 to R1
9 of 2017
February 6, 2017
Municipal
Signed By-Law
Medical Marihuana Regulations
Municipal-wide
10 of 2017
February 21, 2017 Helen Palocz
Signed By-Law
268 Ward Line
A1 to A1-ND & A1-R
18 of 2017
March 20, 2017
Municipal
Signed By-Law
Source Water Protection policies
Municipal-wide
39 of 2017
September 5, 2017 James Seward
Signed By-Law
497 Courtright Line
M3-4(h3) to M3-4
49 of 2017
November 6, 2017 Municipal
Signed by-Law
Maximum height requirements -
Type 3 Industrial Uses
Municipal-wide
Township of St. Clair Comprehensive Zoning By-Law
ZONING BY-LAW AMENDMENTS
Date
By-Law No. Passed
Description
Status
50 of 2017
November 6, 2017 J. Rink Farms Ltd.
Signed by-Law
A1 to A1-ND & A1-R
6 & 66 Lambton Line
51 of 2017
November 6, 2017 Tom Wilson
Signed By-law
A1 to A1-23 & A1-ND8
885 Petrolia Line
2 of 2018
January 8, 2018
Ben Arnold
Signed By-law
Pt Lots E & F, Con 7 (Grove St)
Temporary Use By-law
12 of 2018
February 20, 2018 Bill Wray
Signed By-law
1757 Lasalle Line
A1 to A1-ND & A1-R
21 of 2018
April 16, 2018
Jesse Kraayenrink
Signed By-law
364 Moore Line
A1 to A1-ND & A1-R
22 of 2018
April 16, 2018
2540849 Ontario Limited (Swartz)
Signed By-law
3461 St. Clair Parkway
C1 to R1
41 of 2018
June 22, 2018
Serkka Farms Inc.
Signed By-law
450 Lambton Line
A1 to A1-ND and A1-R9
47 of 2018
July 16, 2018
Mathew Campbell
Signed By-law
557 East River Road
Temporary Use By-law to
allow for a second dwelling building
Expires July 16, 2023
2 of 2019
January 21, 2019
Sifton Properties Inc.
Signed By-law
Pt Blk E, Plan 506, St. Clair Blvd
R3 to R9
19 of 2019
April 15, 2019
Russell Park Farms Inc.
Signed By-law
1623 & 1647 Lasalle Line
A1 to A1-ND9 & A1 to A1-R
Township of St. Clair Comprehensive Zoning By-Law
ZONING BY-LAW AMENDMENTS
Date
By-Law No. Passed
Description
Status
20 of 2019
April 15, 2019
Yi Suchun
Signed By-law
217 Hill Street
C1 to C1-5
42 of 2018
March 18, 2019
2594765 Ontario Limited
Signed By-law
394 Alfred Street
I1 to C7
32 of 2019
June 17, 2019
Patricia Carter
Signed By-law
4558 Kimball Road
A1 to A1-ND10 & A1-R
47 of 2019
Sept. 16, 2019
DS Commercial Inc.
Signed By-law
1951 Brigden Road
A1 to A1-24
10 of 2020
Feb. 18, 2020
Joseph, Karen & James Fournie
Signed By-law
1731 Baby Road
A1 to A1-ND & A1-R10
18 of 2020
March 16, 2020
Donald & Susan Martin
Signed By-law
1832 Kent Line
A1 to A1-R
19 of 2020
March 16, 2020
Derek & Jennifer Van Leerzem
Signed By-law
2824 Waubuno Road
A1 to A1-R
20 of 2020
March 16, 2020
TimberMart
Signed By-law
79 Courtright Line
A1 to C2
41 of 2020
July 13, 2020
Paul & Julie Vandersteen
Signed By-law
3420 Brigden Road
A1 to A1-ND & A1-R
67 of 2020
Nov. 16, 2020
Mary Elizabeth Card
Signed By-law
Pt Lt 14, Con 12, Douglas Street
A1 to R1
Township of St. Clair Comprehensive Zoning By-Law
68 of 2020
Nov. 16, 2020
Kendel Homes Inc.
Signed By-law
Lts 225 & 226, Pl 413, Queen Street
R3-4 to R10
71 of 2020
Dec. 7, 2020
Performance Science Materials
Signed By-law
291 Albert Street
M3 to M3-5
3 of 2021
Jan. 18, 2021
Charles Nantais
Signed By-law
1218 Oil Springs Line
A1 to A1-ND & A1-R1
4 of 2021
Jan. 18, 2021
Lester & Kathryn Baxter
Signed By-law
1895 Courtright Line
A1 to A1-R
28 of 2021
June 7, 2021
Triny Bruin
Signed By-law
947 Bentpath Line
A1 to A1-R1
39 of 2021
Sept. 7, 2021
Tom Wilson Farms Ltd.
Signed By-law
1378 Rokeby Line
A1 to A1-R1 & A1-ND
40 of 2021
Oct. 4, 2021
James Seward
Signed By-law
497 Courtright Line
M3-4(h3) to M3-4(h4)
44 of 2021
Oct. 4, 2021
Eric & Laura Smit
Signed By-law
2044 Burman Line
A1 to A1-ND
52 of 2021
Nov. 15, 2021
AGInvest Farmland IV Inc.
Signed By-law
2742 Burman Line
A1 to A1-ND & A1 to A1-R11
9 of 2022
February 7, 2022
WSP Canada Inc. (Cando Rail
Signed By-law
& Terminals Ltd.)
403 Lasalle Line
M3 & EP-WD to M3-6, EP-H & EP-WD
19 of 2022
April 4, 2022
Gerhard Franz
Signed By-law
CON 9 W PT LOT 1 PT W ½ LT 1
A1 to A1-ND & A1 to A1-R
Township of St. Clair Comprehensive Zoning By-Law
23 of 2022
April 19, 2022
Storey Samways Planning Ltd
Signed By-law
LT 335-339, 347 PL 413
Except PT 1 & 2, 25R7514
389 Murray Street.
I1-1 to C1
33 of 2022
June 6, 2022
Beckwith Development Inc.
Signed By-law
168 Beckwith Street, Corunna
R3-6 to R3-6 -h. Section R3-6
Replaced.
34 of 2022
June 6,2022
St. Clair Twp.& Paddock Green
Signed By-law
Limited
Plan 731 BLK 153 and 154
C5 to OS1 & OS1 to R1-h2
45 of 2022
August 8, 2022
Michael Scott
Signed By-law
2350, 2332 Kimball Rd, Sombra
A1 to A1-ND & A1 to A1-R
47 of 2022
August 8, 2022
James Ronald Scott Mayhew
Signed By-law
1595 Third St, Courtright
C2-1 to R3
50 of 2022
September 12,2022 Storey Samways Planning Ltd.
Signed By-law
389 Murray St. Corunna
Temporary Use By-law
57 of 2022
November 7, 2022 806430 Ontario Inc.
Signed By-law
953 Brigden Rd
A1 to A1-ND & A1 to A1-R
58 of 2022
November 7, 2022 J.Rink Farms
Signed By-law
142 West Ward Line
A1 to A1-ND11 & A1- A1-R
59 of 2022
December 5, 2022 2594765 Ontario Limited
Signed By-law
394 Alfred St. Corunna
Definition change "Restaurant -
Small Scale"
9 of 2023
February 6, 2023
Russell Park Farms Inc.
Signed By-law
2662 Petrolia Line
A1 to A1-ND & A1 to A1-R
Township of St. Clair Comprehensive Zoning By-Law
18 of 2023
March 6, 2023
William, Sharon, Owen &
Signed By-law
Calla Nicol
259 Moore Line
A1 to A1-R12
19 of 2023
March 6, 2023
Roy VanDamme
Signed By-law
1532 Kerr Line
A1 to A1-ND12
34 of 2023
June 5 2023
Frank Hickling
Signed By-law
2513 Petrolia Line
C2 to A1-R
40 of 2023
July 10 2023
Bryon and Paula Kerr
Signed By-law
793 Brigden Rd
A1 to A1-R13
41 of 2023
July 10 2023
Riley & Colin Eyre
Signed By-law
902 Oil Springs Line
A1- A1-ND & A1 to A1-R
50 of 2023
October 3 2023
R.J. Myers & D.J Myers
Signed By-law
357 Bentpath Line
A1 to A1-ND & A1 to A1-R
51 of 2023
October 3 2023
Michael Smith
Signed By-law
3877 St. Clair Pkwy
RS to RS-6
52 of 2023
October 3 2023
Lambton Rural Childcare
Signed By-law
437 Colbourne
I-2 to I-3
58 of 2023
November 6, 2023 L.Carter and B. Spelt
Signed By-law
2782 Petrolia Line
A1 to A1-25
59 of 2023
November 6,2023
Darrin Rosseel
Signed By-law
1037 Pointe Line
A1 to A1-ND & A1 to A1-R
60 of 2023
November 6,2023
Lambton Sportsman Ltd
Signed By-law
521 Bickford Line
A1- C3-3
Township of St. Clair Comprehensive Zoning By-Law
61 of 2023
November 6,2023
Birchwood London Inc.
Signed By-law
Maple Drive
R2-2
65 of 2023
December 18,2023 Chris Lang Inc.
Signed By-law
2504 Telfer Rd
A1 to A1-R
66 of 2023
December 18, 2023 Racher Ag. Inc
Signed By-law
2879 Petrolia Line
A1-ND & A1 to A1-R
2 of 2024
January 15, 2024
Kimcor Farms Ltd.
Signed By-law
1383 Courtright Line
A1 to A1-ND & A1 to A1-R