Zoning By-law Section 05 - General Provisions (consolidated June 2024)
St. Marys, Ontario
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Section 5
General Provisions
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SECTION 5 - GENERAL PROVISIONS
The zone provisions contained in this Section of the By-law shall apply to all zones established
by this By-law except as may be indicated in the applicable zone provision.
Amended by By-law No. Z130-2018
Amended by By-law No. Z144-2021
5.01
Accessory Apartments
5.01.1 In a Single-detached, Semi-detached or Row or Townhouse Dwelling
A maximum of one accessory apartment is permitted in any single-detached,
semidetached or row or townhouse dwelling provided that:
(a) The maximum gross floor area of the accessory apartment shall not exceed 45
percent of the gross floor area of the main building (including the gross floor area
of the accessory apartment) and shall not exceed 100 square metres (1,076 ft2).
This does not apply to an accessory apartment located entirely in a basement or
cellar;
(b) A home occupation is prohibited in any accessory apartment;
(c) An accessory apartment is prohibited on any lot where a garden suite dwelling
exists;
(d) The lot is serviced by municipal water and sanitary sewer services; and,
(e) The establishment of a new accessory apartment on any lot located east of the
CNR tracks and north of Trout Creek is prohibited until a secondary means of
access to these lands is available.
5.01.2 In an Accessory Building or Structure
Alternatively, the accessory apartment may be permitted in an accessory building or
structure on the lot in accordance with Section 5.01.1 and provided that:
(a) There is an existing single-detached, semi-detached or row or townhouse
dwelling on the lot;
(b) The accessory building or structure complies with minimum front, rear, interior
side and exterior side yard requirements for the main building in the applicable
zone; and,
(d) The accessory building or structure complies with Sections 5.1.3.
5.1
Accessory Uses
Amended by By-law No. Z153-2022
5.1.1 Use
Where this By-law provides that a lot may be used or a building or structure may be
erected, altered, or used for a purpose, that purpose shall include any accessory building or
structure or accessory use, but shall not include:
(a)
any occupation or business for profit conducted except as may be specifically
permitted by this By-law; and
(b)
any building or structure used for human habitation except as may be specifically
permitted by this By-law.
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5.1.2 Time of Establishment
No accessory use, building, or structure shall be permitted on any lot until such time as the
main use to which it is accessory has been lawfully and physically established on the lot.
5.1.3 Location
(a)
all accessory buildings and structures shall comply with the minimum front yard
requirement for the main building on the lot or be located to the rear of the front wall of
the existing main building on the lot, whichever is greater;
(b)
all accessory buildings and structures shall be required to comply with the side and
rear yard requirements for the zone in which they are located as set out in this By-law;
Amended by By-law Nos. Z31-2001 and Z113-2015
(c)
accessory buildings and structures shall not be structurally attached to a main
building in any way and they shall be located at a distance of not less than 1.0
metres from the main building. The provisions of this Section shall not apply to
standby generators or air conditioning/ventilation devices;
(d)
notwithstanding the foregoing, in any Residential Zone One (R1),Residential Zone Two
(R2), Residential Zone Three (R3), or Residential Zone Four (R4) a detached garage
or other accessory building may be erected and used in a rear yard provided it is
located not less than 1.0 metres from any lot line;
(e)
where an accessory building or structure is built on a corner lot, it shall be no closer
to the front lot line than permitted by Clause (a) above and no closer to the exterior
side lot line than the minimum exterior side yard distance required for the main
building under this By-law.
5.1.4 Height
Except as otherwise provided in this By-law, no accessory building or structure shall exceed
4.5 metres in height or be higher than the main building on the lot, whichever is the lessor.
This provision shall not apply to the Agricultural Zone One (A1).
Amended by By-law No. Z107-2014
Amended by By-law No. Z153-2022
5.1.5 Coverage
(a)
The total lot coverage of all accessory buildings and structures on a lot shall not
exceed 10 per cent of the lot area.
The area of a swimming pool that is not enclosed by a building or structure shall not be
included in the calculation of lot coverage.
5.2
Application of Other By-laws, Requirements, and Regulations
Nothing in this By-law shall operate or cause to relieve any person from the obligation to
obtain any license, permit, authority or approval lawfully required by a government authority
having the jurisdiction to make such requirements and/or regulations. This By-law shall not be
effective to reduce or mitigate any regulations lawfully imposed by a government authority
having the jurisdiction to make such requirements and/or regulations.
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5.3
Bed and Breakfast Establishment
Where bed and breakfast establishments are permitted by this By-law, they shall be subject
to the following criteria:
(a)
a bed and breakfast establishment use must be clearly secondary to the main
residential use of the dwelling;
(b)
a bed and breakfast establishment use must not change the character of the
dwelling as a private residence;
(c)
no more than three (3) guest rooms or fifty percent of the gross floor area, whichever
is less, of the single-detached dwelling shall be used for bed and breakfast
establishment;
Amended By-law No. Z17-2000
(d)
there shall be no external evidence of the bed and breakfast establishment with the
exception of a single sign measuring not greater than 0.4 square metres in size. Such
sign may be ground mounted with a setback of 4.0 metres from any lot line. The
maximum height to the top of the sign shall not exceed 1.2 metres. Said sign shall not
be internally illuminated;
(e)
a bed and breakfast establishment must meet all of the applicable requirements of
this By-law, including parking requirements, and all other applicable laws;
Where a bed and breakfast establishment existed prior to September 24, 1996, it
shall be subject to the criteria of Section 5.3, above.
However, if a bed and breakfast establishment that existed prior to the date of
passing of this By-law does not satisfy one or more of the criteria of Section 5.3(a) thru
5.3(e), inclusive, it shall be deemed to be a permitted use under the provisions of this
Section. Any addition or alteration to an existing bed and breakfast establishment
shall be in accordance with the criteria of Section 5.3. This Section of the By-law does
not relieve any person operating a bed and breakfast establishment from complying
with all health, fire and safety standards and regulation established by the Federal,
Provincial, or Local Government.
5.4
Building Repairs
Nothing in this By-law shall apply to prevent the strengthening or restoring to a safe condition
any non-conforming building or structure or legal non-complying building or structure
provided that the following provisions are met:
(a)
the strengthening or repairing does not increase the gross floor area, height, or lot
coverage of the building or structure; and
(b)
the use of the building or structure is not changed and continues in the same manner
as previously existed.
5.5
Conflicting Regulations
Where the application of the provisions of this By-law results in a conflict between the
provisions and/or requirements of this By-law, or any other By-law of the Corporation, the
most restrictive provision and/or requirement shall apply.
Amended by By-law No. Z107-2014
5.5A Conservation Lands and Conservation Works
Conservation Lands and Conservation Works shall be permitted in all zone classifications.
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5.6
Daylight or Sight Triangle
No building or structure shall be permitted on that portion of a corner lot which is within a
daylight triangle or sight triangle as defined in Section 3.42 of this By-law where a distance
of 10.8 metres measured along the street lines is used for the purpose of determining the
location of the daylight triangle or sight triangle, except as specifically stated otherwise in
this By-law.
The provisions of Section 5.24.8 of this By-law shall also apply.
5.7
Drainage
Suitable measures for surface and sub-surface drainage shall be required in respect to the use
of all land and the use and/or erection of all buildings and structures.
Amended by By-law No. Z130-2018
Amended by By-law No. Z144-2021
5.8
Dwelling Units Below Grade
No dwelling unit shall, in its entirety, be located in a cellar with the exception of an accessory
apartment. If any portion of a dwelling unit is located in a cellar, such portion of the dwelling
unit shall be used only as a furnace room, laundry room, storage or utility room, recreation
room, bedroom subject to applicable Building Code requirements, or for a similar use.
However, a dwelling unit, in its entirety, may be located in a basement subject to applicable
Building Code requirements.
5.9
Exterior Lighting
The type, location, height, intensity, and direction of exterior lighting on a lot shall be designed
so as to ensure illumination does not glare onto adjacent properties or onto an adjacent street.
Amended By By-law No Z17-2000 and By-law No. Z107-2014
5.10 Frontage Abutting a Street/Street Access
No person shall hereafter erect any building or structure on any lot in any zone unless such
lot abuts an improved public street which is constructed to the current municipal standard for
its road classification.
Notwithstanding the foregoing, infilling development may be permitted on streets which are
not improved to the full municipal standard, if such road has a road base and road surface to
its classification requirements.
In the case of a parcel of land for which a Development and/or Subdivision Agreement has
been approved and registered against the title pursuant to the Planning Act, R.S.O. 1990, then
the single parcel of land to which the Development and/or Subdivision Agreement applies shall
be deemed to be a lot for application of this Section, notwithstanding that part of the parcel
does not otherwise satisfy the definition of lot, or does not abut an improved public street.
Single detached, semi-detached, duplex or street townhouse dwellings shall be
permitted on lots without frontage on a public street provided that all such dwellings are
located on Parcels of Tied Lands (POTL's) to a Common Elements Condominium (CEC)
consisting of at least a private communal driveway connecting to a public street.
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Amended by By-law No. Z107-2014
5.11 Home Occupation
Where a home occupation is permitted in a zone the following provisions shall apply:
(a)
such home occupation must be clearly secondary to the main use of the dwelling for
residential purposes;
(b)
such home occupation must not change the character of the dwelling as a private
residence;
(c)
such home occupation shall be conducted only by a person residing permanently in
the dwelling;
Amended By By-law No Z17-2000
(d)
there shall be no external evidence of the home occupation from outside of the
dwelling, including window displays, with the exception of a single sign measuring not
greater than 0.4 square metres in size. Such sign shall not be internally illuminated and
shall be affixed to the facade of the building or ground mounted with a minimum
setback of 4.0 metres from any lot line. The maximum height to the top of the sign
shall not exceed 1.2 metres;
(e)
there shall be no external display or storage of goods, materials, wares or merchandise
on the lot on which the dwelling containing the home occupation is located;
(f)
no external alteration of the dwelling shall be permitted so as to accommodate a
home occupation, such as the inclusion of any specialized structure, ramps, or
oversize doorways which will tend to change the character of the dwelling as a private
residence;
(g)
such home occupation shall not create nor become a nuisance or hazard to
neighbours by reason of noise, vibration, dust, smoke, fumes, odour, heat, debris,
refuse, fire, lighting interference, hours of operation, traffic, or parking;
(h)
no mechanical or other equipment shall be used in conjunction with a home
occupation except that which is customarily used in dwellings for domestic or
household purposes;
Amended By By-law No Z153-2022
(i)
not more than two home occupations are permitted in a dwelling unit and the maximum
gross floor area dedicated to all home occupations shall not exceed 50.0 square metres
or 25 per cent of the gross floor area of the dwelling unit (excluding an attached
garage), whichever is lesser. The area of the dwelling unit not being used for home
occupation must comply with the applicable gross floor area requirements of this By-
law;
(j)
a home occupation shall be carried on only in the dwelling unit of a single-detached
dwelling or in the dwelling unit of a semi-detached dwelling. No home occupation shall
be carried on in an accessory building or structure or in an attached garage unless part
of the garage is converted to form part of the dwelling unit and can no longer be used as
an attached garage;
(k)
such home occupation shall meet all of the applicable requirements of this By-law,
including parking requirements;
(l)
for greater clarity, a home occupation shall include but not be limited to an office or
consulting room for a professional person or agent; an office for a trade such as a
builder, a plumber, an electrician; an office for a charitable organization; a workroom for
a dressmaker or a tailor; a hairdresser/barber; a dog groomer; a studio for a teacher of
music, art, or academic subjects, a photographer or a commercial artist; and any other
use of a similar nature which satisfies all of the criteria of this Section of the By-law; but
shall not include a kennel, a boarding house, a medical clinic, a retail store, or any
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workshop, or plant for any trade.
5.12 Loading Space Requirements
Where a building or structure is erected or used for a commercial or industrial use
involving the receiving, shipping, loading, or unloading of goods, wares, merchandise, raw
materials, or animals, the owner and/or occupant of the building or structure shall provide
and maintain on the same lot on which such building or structure is located, and not on a
street or lane, loading spaces and/or unloading spaces in accordance with the following
requirements:
5.12.1 Number of Loading Spaces
The minimum number of loading spaces required shall be in accordance with the following
provisions:
Gross Floor Area
Number of Spaces
(square metres)
(i) less than 500
0
(ii) 500 to 4,000
1
(iii) 4,001 to 10,000
2 Plus 1 for each additional 10,000 m2 of gross
floor area or fraction thereof.
5.12.2 Loading Space Location
The loading space or spaces required by this By-law shall be located in the interior side
yard or rear yard of the lot unless such loading space(s) is located a distance of not less
than 15 metres from the street line abutting the lot.
Amended by By-law No. Z107-2014
5.12.3 Loading Space Size
Every loading space required by this By-law shall have a minimum length of 18.0 metres, a
minimum width of 3.5 metres, and a minimum vertical clearance of 4.25 metres.
5.12.4 Loading Space Access
Access to a loading space shall be by means of an unobstructed driveway at least 6.0 metres
in width situated entirely on the lot upon which the loading space(s) are located leading to a
street or lane.
5.12.5 Loading Space Surface
The driveways and loading space(s) required by this By-law shall be maintained with a stable
surface so as to prevent the raising of dust or loose particles. The driveways and loading
spaces shall, prior to being used, be constructed of crushed stone, slag, gravel, crushed brick
or tile, paving stone or brick, asphalt, concrete, or cinders having a Portland cement binder,
and shall have adequate drainage facilities.
5.12.6 Existing Buildings and Additions
The loading space provisions contained in Section 5.12.1 shall not apply to any building that
lawfully existed prior to the date of adoption of this By-law so long as the gross floor area has
not been increased.
If an addition is made to a lawfully existing building which has the effect of increasing the
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gross floor area after the date of adoption of this By-law, the regulations of Section 5.12 shall
apply in respect to the area of such addition.
5.13 Mobile Homes Prohibited
It shall be prohibited to locate or use a mobile home in any zone established by this By-law
either temporarily or permanently, unless the use of a mobile home is specifically permitted
by other provisions of this By-law.
5.14 Multiple Uses
Notwithstanding any other provisions of this By-law, where the use of any land, building, or
structure is composed of two or more uses which are classified as having separate and
distinct zone provisions under this By-law, none of these uses shall be considered as being
accessory to one another and therefore the provisions governing each use shall be applied to
each use as if each use existed independently.
5.15 Non-Conforming Uses, Buildings, and Structures
The following provisions shall apply to legal non-conforming uses, buildings, and
structures:
5.15.1 Existing Uses, Buildings, and Structures
Nothing in this By-law shall prevent a legal non-conforming use, building, or structure to
continue being used for the same use and to the same development standards as existed
prior to the passing of this By-law.
5.15.2 Building Permit Issued
Nothing in this By-law shall apply to prevent the erection of a legal non-conforming building
or structure, where a building permit has been lawfully issued under the Building Code Act
prior to the day of passing of this By-law, provided that the following are met:
(a)
the building or structure, when erected, is used and continues to be used for the
purpose for which the permit was issued; and
(b)
the erection of such building or structure is commenced within one (1) year after the
date of passing of this By-law and is completed within one (1) year of the date that the
erection commenced.
5.15.3 Replacement of Non-Conforming Uses, Buildings, and Structures
Where a lawfully existing building or structure is used for a purpose not permitted in the
zone in which such building or structure is located and such building or structure is partially
or totally destroyed by fire or similar natural cause or peril, such building or structure may be
replaced or repaired and the non-conforming use re-established provided that the following
conditions are met:
(a)
the owner must make application to the Corporation for a building permit to replace the
building or structure within one (1) year of the date on which the partial or total
destruction occurred;
(b)
the replacement or repair of the building or structure must be completed within one (1)
year of the date on the building permit for such replacement or repair was issued by the
Corporation;
(c)
the replacement or repair of the building or structure occurs at approximately the
same location on the lot. In no case shall any encroachment into a required yard, other
than that which existed on the date of passing of this By-law, be permitted. For the
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purpose of determining required yards, the most restrictive yard provision for that zone
shall apply;
(d)
the replacement or repair does not increase the gross floor area, height, and lot
coverage of the building or structure as it existed prior to the partial or total
destruction; and
(e)
the use of the building or structure is not changed and continues in the same manner
as previously existed.
(f)
the owner obtain approval from the Upper Thames River Conservation Authority prior to
the replacement or repair of buildings and structures within the Flood Plain (FP)
Zone.
5.16 Non-Complying Uses, Buildings, and Structures
The following provisions shall apply to legal non-complying uses, buildings, and structures:
5.16.1 Existing Uses, Buildings, and Structures
Nothing in this By-law shall prevent a legal non-complying use, building, or structure to
continue being used for the same use and to the same development standards as existed
prior to the passing of this By-law.
5.16.2 Building Permit Issued
Nothing in this By-law shall apply to prevent the erection or use of a building or structure
that does not satisfy or fulfill the provisions of the zone in which such building or structure is
located where a building permit has been lawfully issued under the Building Code Act, prior to
the day of passing of this By-law, or where the Town's Committee of Adjustment has
approved an application for relief from the requirements of the previous Zoning By-law No. 25-
75 provided that the following are met:
(a)
the building or structure, when erected, is used and continues to be used for the
purpose for which the permit was issued unless a new use is permitted within the zone
and the extent of non-conformity to the provision(s) of this By-law will not increase as
a result of the new use; and
(b)
the erection of such building or structure is commenced within one (1) year after the
date of passing of this By-law and is completed within one (1) year of the date that the
erection commenced.
5.16.3 Replacement of Non-Complying Uses, Buildings, and Structures
Where a legal non-complying use, building or structure is partially or totally destroyed by
fire or similar natural cause or peril, such use, building or structure may be replaced or
repaired and the non-complying use, building or structure re-established provided that the
following conditions are met:
(a)
the owner must make application to the Corporation for a building permit to replace
the use, building or structure within one (1) year of the date on which the partial or
total destruction occurred;
(b)
the replacement or repair of the use, building or structure must be completed within
one (1) year of the date on the building permit for such replacement or repair was
issued by the Corporation;
(c)
the replacement or repair of the use, building or structure occurs at the same location
on the lot. In no case shall any encroachment into a required yard, other than that
which existed on the date of passing of this By-law, be permitted; and
(d)
the replacement or repair does not increase the gross floor area, height, and lot
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coverage of the building or structure as it existed prior to the partial or total
destruction.
Amended By By-law No Z17-2000
5.16.4 Expansion of Non-Complying Buildings and Structures
The extension, enlargement or expansion of a non-complying building or structure shall be
permitted provided that such extension, enlargement or expansion to the non-complying
building or structure is located on the lot so that it is in compliance with the zoning
provisions of this By-law for the zone classification for where it is located.
5.17 Occupancy of Completed Buildings
Notwithstanding any of the provisions contained in this By-law, no person shall occupy any
building or structure unless the Chief building official has issued an occupancy permit in
accordance with the Ontario Building Code.
Amended by By-law No. Z107-2014
5.18 One Dwelling on One Lot
Not more than one (1) dwelling unit shall be permitted on a lot, except as permitted
specifically by other provisions of this By-law or other Provincial legislation.
5.18.1 Merged Lands
Two or more dwellings shall be permitted on one lot in cases where one lot, containing a
dwelling(s), legally merges with an adjoining lot, containing a dwelling(s), to form one larger
lot containing two or more dwellings.
5.18.2 Part Lot Control Exemption
On a lot or block against which a Part Lot Control Exemption By-law is registered, those parts
on a reference plan which are intended to constitute a future parcel shall be deemed to be a
lot for the purposes of this section of the By-law, provided that such parts are in compliance
with all applicable regulations of this By-law, in which case, one single detached dwelling,
one dwelling unit of a semi-detached dwelling, duplex dwelling, or one dwelling unit of a
townhouse shall be permitted on each future parcel.
5.18.3 Condominiums
More than one single detached, semi-detached, duplex or street townhouse dwelling shall
be permitted on a lot provided that each dwelling has direct access to an internal private
communal driveway or road that is a common element in a registered Condominium
connecting to a public street and that each dwelling is located on a 'unit' in a Vacant Land or
Common Elements Condominium.
5.19 Outdoor Storage
Where outdoor storage is permitted by the zone provisions of this By-law, the outdoor storage
of goods or materials shall be permitted only in the interior side yard or rear yard of the
main building provided that the following provisions are satisfied:
(a)
the outdoor storage is accessory to the use of the main building on the lot;
(b)
such outdoor storage complies with the yard requirements for accessory buildings
and structures as set out in Sections 3.1 and 5.1;
(c)
any portion of the lot used for outdoor storage, shall be completely concealed from
view from the street or an abutting lot in a Residential Zone by a planting strip, fence,
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decorative masonry wall, or existing building on the lot, or a combination thereof.
5.20 Outdoor Display and Sales Area
Where outdoor display and sale area is permitted by the zone provisions of this By-law, it
shall be permitted in any yard on a lot provided that the following provisions are satisfied:
(a)
such outdoor display and sales area is accessory to the main use on the lot and is
for merchandise kept for sale, lease, or rent on the premises;
(b)
such outdoor display and sales area shall be set back a minimum distance of 3.0
metres from a front or exterior side lot line and a minimum distance of 1.0 metres
from an interior side or rear lot line;
(c)
notwithstanding the provisions of Clause (b) above, no outdoor display and sales
area shall be permitted in a required daylight or sight triangle;
(d)
such outdoor display and sales area shall not block-off or restrict access to the lot;
(e)
such outdoor display and sales area is kept in a neat and attractive manner.
5.21 Parking Area and Space Requirements
The owner of every building or structure erected or used for a purpose permitted by this By-
law shall provide and maintain for the sole use of the owner, occupant, or other persons
entering upon or making use of said premises from time to time parking areas and spaces in
accordance with the following provisions:
Amended by By-law No. Z107-2014 and By-law No. Z130-2018 and By-law No 153-2022
5.21.1 Number of Parking Spaces
5.21.1.1 Parking Requirements
The minimum number of parking spaces required for the uses and purposes hereinafter set
forth shall be as follows:
Type of Use
Number of Spaces
A
Single-detached, semi-
detached, street
townhouse, duplex and
triplex dwellings
2 per dwelling unit
B
Fourplex and
Row or Townhouse
2 plus 0.25 visitor per dwelling unit
C
Apartment dwelling and
other multiple unit
dwellings
Outside of Downtown as defined by Central
Commercial designation in Official Plan
Studio: 1 per dwelling unit
One Bedroom: 1 per dwelling unit
Two Bedroom: 1.5 per dwelling unit
Three Bedroom: 1.5 per dwelling unit Plus
Visitor: 0.25 per dwelling unit
Downtown as defined by Central Commercial
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Type of Use
Number of Spaces
designation in Official Plan
Studio: 1 per dwelling unit
One Bedroom: 1 per dwelling unit
Two Bedroom: 1.5 per dwelling unit
Three Bedroom: 1.5 per dwelling unit Plus
Visitor: Not Required
D
Accessory dwellings
Accessory apartment
Converted dwelling
1 per dwelling unit
E
Bed and breakfast
establishment
2 per dwelling unit plus 1 per guest room for
rent
F
Group home dwellings
2 per dwelling unit plus 1 per 4 group home
residents
G
Long term care home,
home for the aged
1 per 5 beds
H
Nursing home
1 per 3 beds
H1
Continuum-of-care-
facility. Retirement home
Non-Assisted Living: 0.5 per dwelling unit (for
residents) plus 0.2 per dwelling unit (for visitors
and employees)
Assisted Living: 0.3 per assisted living unit (for
residents), plus 0.2 per assisted living unit (for
visitors and employees)
I
Assembly Hall,
Community Centre, Arena,
Theatre
1 per 5 seats or 3 metres of bench space of
maximum seating capacity, or
1 per 230 square metres of playing field area
where no seating exists
I1
Conference or banquet
facility, eating
establishment restaurant,
eating establishment-take
out, tavern
1 per 10 square metres of gross floor area
J
Automobile repair
establishment,
automobile service
station, automobile sales
and service
establishment
4 plus 1 per repair bay
Ji
Automobile washing
establishment
1 plus 2 per wash bay, plus 1 per non-drive
through car wash bay
Automatic Car Wash: 5 per car wash bay,
excluding the car wash bay
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Type of Use
Number of Spaces
K
Bowling establishment
3 per bowling lane
L
Business or professional
office, department
store, personal service
shop, retail store,
supermarket, support
office
1 per 20 square metres of gross floor area
M
Clinic, Animal
Clinic, Medical
5 per practitioner
N
Church
The greater of:
- 1 per 4 seats (or 3 metres of bench); or
- 1 per 10 square metres of gross floor area
devoted to public uses where no fixed seating
exists
O
Child Care Centre
1 per 40 square metres of gross floor area
P
Warehouse including mini-
storage facility
1 per 150 square metres of gross floor area
Q
Golf Course
8 per hole
Miniature golf course 1.5 per hole
R
Hospital
1 per 4 beds
S
Hotel or Motel
1 per guest room plus 1 space per 10 square
metres gross floor area devoted to public use
such as dining rooms, licensed beverage rooms,
banquet rooms and similar uses
T
Industrial establishment
Gross floor area of 3000 square metres or less:
- 1 per 50 square metres of gross floor area
Gross floor area greater than 3000 square
metres:
- 1 per 50 square metres of gross floor area for
the first 3000 square metres; and
- 1 per 100 square metres of gross floor area in
excess of the first 3000 square metres.
For any office areas, the standards as set out
elsewhere in this By-law shall apply
U
Service trade
1 per 30 square of gross floor area
V
School , Elementary
the greater of 1.5 per classroom or
1 per 3 square metres of auditorium assembly
area
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Type of Use
Number of Spaces
W
School , Secondary
the greater of 5 per classroom or
1 per 3 square metres of auditorium assembly
area
X
Sports Field
the greater of:
(i) 1 per 5 seats or 3 metres of bench space of
maximum permanent seating capacity, or
(ii) 1 per 250 m2 of gross field area where no
seating exists
Y
Grocery store
1 per 10 square metres of retail floor area
Z
Wholesale establishment 1 per 55 square metres of retail floor area
AA
All other institutional uses
1 per 30 square metres of gross floor area
BB
Uses permitted by this by-
law other than those
referred to above
1 per 40 square metres of gross floor area
In addition to the minimum number of required parking spaces set forth above, electric vehicle
charging station rough-ins shall be provided for a minimum of 5 percent of all required parking
spaces. This requirement does not apply to the uses in A, B, D, E, F, G, H, H1 and X above.
5.21.1.2 Accessible Requirements
Accessible parking spaces for persons with disabilities required by this By-law shall have a
minimum width of 4.25 metres and a minimum length of 5.5 metres not including area used for
access, maneuvering, driveway, or similar purpose. If there are two or more accessible parking
spaces located beside each other in the same parking aisle, they may share the 2.0 metre
aisle, resulting in a reduction in the size of every other such parking space (i.e. every second
accessible parking space). Accessible parking spaces are not required for single detached,
semi-detached, duplex or triplex dwellings.
Accessible parking spaces shall be:
(a)
hard surfaced and a maximum running slope of 1.5 percent and a maximum crossing
slope of 1 percent;
(b)
located near an accessible building entrance; and
(c)
identified for use by persons with disabilities by a sign, which is clearly posted and
visible at all times, containing the International Symbol of Accessibility for Disabled
Persons. Such sign shall be posted in a visible location other than on the parking
surface.
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Amended by By-law No. Z153-2022
The provisions for the number of accessible parking spaces are outlined in the following table.
Number of Automobile
Parking Spaces
Number of Designated
Accessible Parking Spaces
1-12
1
13-100
4% of the total number of automobile spaces
101-200
1 plus 3% of the total number of automobile spaces
201-1,000
2 plus 2% of the total number of automobile spaces
1,001 or greater
11 plus 1% of the total number of automobile spaces
13-100
4% of the total number of automobile spaces
Where the application of the parking space requirements results in a number that is not a
whole number, the number shall be rounded-up to the next whole number (e.g. 7.3 spaces
would be rounded-up to 8).
Amended by By-law No. Z153-2022
5.21.1.3 Bicycle Parking Requirements
The minimum number of bicycle parking spaces required for the uses and purposes hereinafter
set forth shall be as follows:
Land Use
Number of Required Parking Spaces
Apartment Buildings
0.5 space per dwelling unit plus 6 spaces for any
development with 20 or more dwelling units
Schools
The greater of:
8 spaces; or
1 per 20 m2 of classroom space, plus 1 per 8 m2 of office
area
Offices
The lesser of:
8 spaces; or
4% of required vehicle parking
Commercial
Uses
(unless
otherwise
note),
including
Restaurants (excluding take-out
only)
The greater of:
8 spaces; or
5% of required vehicle parking
Convenience Store
8 spaces
Cinema,
Community
Centre,
Commercial
Sports
and
Recreation Centre
The greater of:
8 spaces; or
10% of required vehicle parking
Industrial Use
The lesser of:
4 spaces; or
4% of required vehicle parking
5.21.2
Ingress and Egress
Amended By By-law No Z17-2000 and Z31-2001
Ingress and egress to parking spaces required by this By-law shall be provided by a sufficient
number of unobstructed driveways. Each driveway shall have a minimum width of at least 3.0
metres. Each driveway in a Residential Zone shall have a maximum width of 8.0 metres or 60
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percent of the width of the lot, whichever is less. Each driveway in a non residential zone,
except a driveway located in the M2 zone, shall have a maximum width of 10.0 metres.
The number of driveways serving a lot shall be limited in accordance with the following:
(a)
up to the first 20.0 metres of lot frontage
- not more than 1 driveway;
(b)
from 20.0 metres to 30.0 metres of lot frontage - not more than 2 driveways;
(c)
for each additional 30.0 metres of lot frontage - one additional driveway is permitted.
5.21.3 Driveway Location
Amended By By-law No Z17-2000
(a)
the minimum distance between driveway ramps where access to a lot is by means of
more than 1 driveway shall be 7.5 metres.
(b)
the minimum distance between a driveway ramp and an intersection of street lines
shall be 10.8 metres measured along the street line.
Amended By By-law No Z17-2000 and Z31-2001
5.21.4 Parking Area Location
All required parking spaces and areas shall be provided on the same lot as the building or
structure is located, with the exception that the Committee of Adjustment may permit the
required parking spaces and areas to be located on an adjacent lot provided that such lot is
appropriately zoned so as to permit such parking use and provided that no part of such
parking space or area is located further than 150.0 metres from the lot on which the building
or structure requiring the parking is located. The above exception shall not apply in the case
of parking spaces required for a residential use in a Residential Zone.
Notwithstanding any other provision of this By-law to the contrary, uncovered surface parking
spaces shall be permitted in any required yard in the R1, R2, R3, and R4 zones and within
1.5 metres of a lot line in any other zones provided the parking spaces and parking areas
are not located in the daylight or sight triangle or within any required planting strip.
Amended By By-law No Z17-2000 and Z31-2001 and Z107-2014
5.21.5 Parking Space Access
All required parking spaces, except those required for single-detached dwellings, semi-
detached dwellings, duplex dwellings, street front townhouse dwellings, and converted
dwellings (to a maximum of two dwellings) shall be accessed only by an internal driveway
and no direct access from a street shall be permitted. Such internal driveways shall have a
minimum width of 6.0 metres.
Tandem Parking shall be permitted for a single-detached dwelling, for one unit of a semi-
detached dwelling, street front townhouse dwelling, and for bed and breakfast
establishments.
The parking requirements for persons with disabilities as contained in Section 5.21.15 do not
apply for single-detached dwellings, semi-detached dwellings, duplex dwellings, street
front townhouse dwellings, and converted dwellings (to a maximum of two dwellings).
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Amended By By-law No Z17-2000
5.21.6
Parking Area Surface
5.21.6.1 Residential Zones
Each parking area and driveway connecting the parking area with the street line
shall be maintained with concrete, asphalt or other hard surface, however, crushed
stone, gravel, or other dustless material shall be permitted for a single detached
dwelling, a duplex dwelling, a semi-detached dwelling, or an agricultural use.
5.21.6.2 Commercial Zones
Each parking area and driveway connecting the parking area with the street line
shall be maintained with concrete, asphalt or other hard surface and bounded with a
barrier curb.
5.21.6.3 Industrial Zones
Each parking area and driveway connecting the parking area with the street line
shall be maintained with concrete, asphalt or other hard surface, and bounded with a
barrier curb provided however, crushed stone, crushed brick or tile, paving stones ,
or cinders having a Portland cement binder may be provided for the parking area
and driveways which are located to the rear of the front or exterior side yard
building line. No curbing shall be required for parking and driveway areas located
to the rear of the front or exterior side yard building line.
5.21.7
Parking Area Drainage
All parking areas and driveways shall be graded and drained so as to ensure that surface
water will not escape to neighbouring lands as a result of the construction or use of such
parking areas and driveways.
Amended by By-law No. Z107-2014
5.21.8
Parking Space Size
Parking spaces required by this By-law shall have a minimum width of 2.7 metres, a minimum
length of 5.5 metres, and a minimum height of 2.4 metres.
Parking spaces for persons with disabilities shall have a minimum width of 4.25 metres, a
minimum length of 5.5 metres, and a minimum height of 2.4 metres.
5.21.9
Multiple Use of Buildings
Where a building or structure accommodates more than one type of use as set out in Section
5.21.1 above, the number of parking spaces required for the whole building shall be the sum
of the number of parking spaces required for the separate parts of the building as occupied
by the separate uses.
Where common space within a building serves more than one type of use as set out in
Section 5.21.1 above, such common space shall be assessed against one use only and that
use shall be the one with the more restrictive parking requirement.
5.21.10 Multiple Use of Parking Areas
Where two or more uses utilize the same parking area during the same or overlapping time
period, the number of parking spaces required by this By-law shall be the sum of the parking
spaces required for each use.
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Where two or more uses utilize the same parking area and the periods of use for each of the
uses do not occur at the same time, the parking requirements for the use requiring the
greatest number of spaces shall apply.
5.21.11 Existing Buildings
The parking space provisions contained in Section 5.21.1 above shall not apply to any
building that lawfully existed at the date of adoption of this By-law so long as the following
provisions are met:
(a)
the building continues to be used for the use that existed in the building on the
day this By-law was adopted or the use has changed to one which has the same or
lesser parking requirements as the use that existed on the day this By-law was
adopted;
(b)
the gross floor area of the building has not been increased since the date of
adoption of this By-law so as to require additional parking spaces; and
(c)
all parking spaces that existed at the date of adoption of this By-law are retained.
5.21.12 Additions to Existing Buildings
Where an addition is made to a building that lawfully existed at the date of adoption of this
By-law, additional parking spaces equal to the number required for the addition as determined
by the application of the provisions of Section 5.21.1 of this By-law shall be provided.
5.21.13 Changes/Intensification of Use
Where a change of use is made to a building lawfully existing at the date of adoption of this
By-law and where the new use requires a greater number of parking spaces than did the
previously existing use, additional parking spaces equal to the difference in the number of
parking spaces required for the new use and the previously existing use shall be provided.
Amended by By-law No. Z153-2022
5.21.14
Stacking Lane Requirements for Drive-Through Facilities
(a)
Stacking lanes shall not be located within 3 metres of a street line.
(b)
Stacking lanes for a drive-through facility shall not be located within a front yard or
exterior side yard.
(c)
Despite Subsection (b), on a corner lot, stacking lanes for a drive through facility may
be located in either a front yard or exterior side yard, but not both.
(d)
Entrance ways to stacking lanes shall be separated a minimum travelled distance of
16.5 metres from the closest driveway, measured from the centre point of the closest
driveway at the lot line along the route travelled to the last required stacking space in
the stacking lane.
(e)
Stacking spaces must be wholly contained between the entrance to the stacking
lane and the last product pick-up window. fueling area, service window, kiosk, or
booth. If there are no cases of multiple service windows, the stacking lane is measured
from the stacking lane entrance to the last service window.
(f)
A stacking space shall be a minimum of 2.6 metres in width and a minimum of 6.5
metres in length.
(g)
A stacking space shall lead both to and from a fueling area, service window, kiosk, or
booth in accordance with the following table setting out the minimum number of
stacking spaces required for the uses set forth:
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Land Use
Number of Required Parking Spaces
Automobile
Washing
Establishment (automatic)
10
Automobile
Washing
Establishment (self serve)
2 per washing bay
Bank or Financial Institution
3
Automobile Gas Bar
2 per fueling area
Eating
Establishment
(Restaurant of Take Out)
13
Retail Store
3
(h)
Subsections a) through g) shall not apply to existing stacking lanes and existing
stacking spaces.
5.22
Parking of Commercial Vehicles in Residential Zones
In any Residential Zone, one commercial motor vehicle may be parked on the same lot as a
dwelling unit by the owner or occupant of the dwelling unit. This commercial motor
vehicle shall not exceed either 6.0 metres in length or 2.5 metres in height, including any
trailer which may be pulled by the cab of the vehicle. This provision shall not apply so as to
prevent the stopping of any commercial motor vehicle making deliveries or collections or
supplying services to the dwelling unit on the lot.
Any commercial motor vehicle parked in a Residential Zone shall not be parked so as to
obstruct a daylight triangle.
Amended by By-law No. Z107-2014
5.23 Parking of Recreational Vehicles in Residential Zones
The parking of recreational vehicles as an accessory use to a residential use in any
Residential Zone shall be subject to the following provisions:
(a)
not more than:
(i) one motor home; or
(ii) one travel trailer; or
(iii) one boat with or without its boat trailer; or
(iv) two snow mobiles; or
(v) two all-terrain vehicles; or
(vi) one snow mobile and one all-terrain vehicle shall be parked or stored outside on a
lot in a Residential Zone.
(b)
the location recreational vehicles shall be regulated as follows:
(i) within a carport; or
(ii) within a driveway but outside of any daylight triangle or sight triangle; or
(iii) outside of any building or structure on the lot provided that no motor home or
travel trailer is parked in the area on a lot no closer than 1.0 metres to an interior
side lot line and/or a rear lot line and no closer to the front lot line and/or exterior
side lot line than the minimum front yard and/or exterior side yard distance
required for the main building under this By-law.
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5.24
Permitted Encroachments Into Required Yards
Every part of any yard required to be provided in any zone under the provisions of this By-law
shall be kept open and unobstructed by any building, structure, or thing from the ground to
the sky except as provided for below:
Amended by By-law No. Z107-2014
5.24.1 Ornamental Structures
Sills, belt courses, cornices, eaves, gutters, chimneys, cantilevered fire place exhaust inserts,
parapets, bay or bow windows, pilasters, pillars or other ornamental structures may project
into any required yard a distance of not more than 0.5 metres.
Amended By By-law No Z17-2000 and Z107-2014
5.24.2 Unenclosed Porches, Steps, and Patios
Steps, and patios, whether they be covered or uncovered, and unenclosed porches and
verandas may project into any required front yard, rear yard, exterior side yard, a distance
of not more than 1.8 metres, provided that in the case of steps, patios, porches, and
verandas, the floor level of such structures are not greater than 1.2 metres above the
finished grade level adjacent to such structure.
5.24.3 Accessory Structures
Frameworks such as drop awnings, flag poles, light standards, garden trellises, fences,
retaining walls, and other similar devices shall be permitted in any required yard.
Amended By By-law No. Z31-2001
Clothes line poles and clothes trees shall be permitted in interior side and rear yards in
accordance with the zone requirements for accessory structures in the respective zones and
no closer to the exterior side lot line than the minimum exterior side yard distance required
for the main building under this By-law.
Air conditioning/ventilation devices shall be permitted:
(a)
in the interior side yard but no closer than the minimum side yard requirement for the
zone classification in which such device is located. In the case of the R1, R2, R3, and
R4 zones no closer than 1.2 metres from the interior lot line;
(b)
in the rear yard but no closer than 5.0 metres from the rear lot line;
(c)
in the exterior side yard but no closer than 5.0 metres from the street line provided
that such device is screened from view of the abutting road by fencing and/or
landscaping.
5.24.4 Fire Escapes
Unenclosed fire escapes may project into required side or rear yards a distance of not more
than 1.2 metres.
5.24.5 Signs
Signs may be erected in accordance with the provisions of any sign by-law passed by the
Corporation. Notwithstanding this, the bed and breakfast and home occupation provisions
relating to signs as set out in Section 5.3 and Section 5.11 of this By-law must be met.
5.24.6 Railway Spur Lines
A railway spur line shall be permitted in any yard.
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5.24.7 Gate Houses
In any industrial zone a gate house shall be permitted in any yard provided that such gate
house is located at a distance of not less than 1.5 metres to any lot line.
5.24.8 Obstructions on Corner Lots
On a corner lot no obstruction between a height of 750 mm and 3.0 metres above the grade
of the centre line of the street or streets abutting a daylight or sight triangle shall be
permitted to impede or obscure the vision of the operator of a motor vehicle travelling on the
abutting street(s).
Amended by By-law No. Z107-2014
5.24.9 Accessibility of Ontarians with Disabilities Act
Notwithstanding the yard and setback provisions of this By-law to the contrary, wheelchair
ramps, or other apparatus for persons with disabilities as per "The Accessibility of Ontarians
with Disabilities Act", may be erected within the required front, rear, interior or exterior side
yard, provided that on corner lots these types of structures comply with the sight triangle
requirements.
5.25
Planting Strip
A required planting strip shall be located in proximity to the lot line or portion thereof, on
which such planting strip is required. A planting strip may be located in any yard except
within a daylight or sight triangle or in such a manner as to impede or obscure the vision of
the operator of a motor vehicle travelling on an adjacent street.
5.25.1 Requirements
The minimum height of trees, evergreens, and shrubs in a planting strip at the time of planting
shall be 1.0 metres and they must be of such a species or type so as to achieve a minimum
height of 2.0 metres at maturity and shall have a minimum width of 1.5 metres.
5.25.2 Driveways and Walkways
In all cases where ingress and egress driveways and walkways extend through a planting
strip, it shall be permissible to interrupt the planting strip within 3.0 metres of the edge of
such driveway or within 1.5 metres of the edge of such walkway.
5.25.3 Alternatives
Subject to site plan approval and the registration of a site plan agreement, a solid fence may
be considered as an alternative to a planting strip. Where a solid fence or wall is deemed
appropriate and is approved by the Corporation, such fence or wall must have a minimum
height of 2.0 metres, be of a type and/or construction as is set out in the site plan agreement,
and the remaining portion of the 1.5 metres wide planting strip which is not used for the
physical location of the fence shall be maintained as landscaped open space.
Amended by By-law No. Z107-2014
5.26 Prohibited Uses
(a)
Except as otherwise specifically permitted in this By-law, the following uses are
prohibited in any zone established under this By-law:
(i)
a track for the racing of motor vehicles, motorcycles, go-carts, snowmobiles, or
all terrain vehicles;
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(ii)
a trailer camp as defined in Section 169(4) of the Municipal Act, S.O. 2001, as
amended from time to time;
(iii) a junk yard, salvage or wrecking yard (excepted as permitted by Section 20.1 of
this By-law), or the collection, storage, or sale of junk, scrap metal, salvage,
partially or completely dismantled motor vehicles or trailers, or farm machinery
and equipment;
(iv) locating or storing on any land for any purpose any disused and/or discarded
railway car, bus, street car, shipping container, truck box or truck body, whether or
not same is situated on a foundation. In an agricultural, commercial or industrial
zone, shipping containers, truck bodies/boxes and truck trailers which are
maintained in good condition and appearance may be used for storage accessory
to a main use subject to the requirements for accessory buildings;
(v)
keeping or raising any livestock, bees, or any reptile or wild animal, including any
tamed or domesticated wild animal, on any lot or in any building or structure
situated in any zone established by this By-law, except as may be specifically
permitted with the zone provisions for a particular zone as set forth in this By-law
(vi) weigh scales in all zones except in an Industrial Zone or as a part of a public use;
(vii) video and/or amusement arcades. Notwithstanding the foregoing, the keeping of
not more than 3 video machines or similar machines is permitted as an
accessory use to a permitted commercial use (e.g. accessory to a
convenience store in the "C" zone) in accordance with the Town's licensing
procedures;
(viii) adult entertainment parlours;
(ix) Mobile Home Parks;
(x)
billiard parlours. Notwithstanding the foregoing, the keeping of not more than 2
billiard/pool tables is permitted as an accessory use to a permitted commercial
use (e.g. accessory to a convenience store in the "C" zone) in accordance with
the Town's licensing procedures.
(b)
In addition to the uses prohibited by Clause (a) above, no land, building, or structure,
except automobile service stations and duly licensed installations for bulk fuel storage
of gasoline, lubricating and fuel oils, shall be used in the Municipality for commercial or
industrial purposes which are likely to cause or create a danger to health, or danger
from fire or explosion, and which, without limiting the generality of the foregoing, shall
include the industrial manufacture of coal oil, fuel oil, burning liquid gas, naphtha,
benzene, gasoline, dynamite, dualine, nitro-glycerine, gunpowder, petroleum products,
propane, and ammonia.
(c)
In addition to the uses prohibited by Clauses (a) and (b) above, all uses of land and the
erection or use of any building or structure for a purpose not permitted under the
"Permitted Uses" sections of the various zones established by this By-law or any use
permitted as public uses in accordance with the provisions of Section 5.27 of this By-
law are and shall be deemed to be prohibited uses under the provisions of this By-law.
(d)
In addition to the uses prohibited in Clauses (a), (b), and (c) above, those uses
considered to be offensive trades under the provisions of the Health Protection and
Promotion Act shall be prohibited.
5.27 Public Uses, Utilities, and Services
Amended by By-law No. Z107-2014
(a)
The provisions of this By-law shall not apply so as to prevent the use of any lot or the
erection or use of any building or structure for the purpose of public service by the
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Corporation, the County, a public utility, or by any local board of the Corporation or the
County as defined in the Municipal Affairs Act, any telephone or telegraph company,
any television or internet service provided governed under the regulations of the CRTC,
any natural gas distribution system serving lands within the Corporation and possessing
all necessary powers, rights, licenses, and franchises, any Conservation Authority
established in accordance with the Conservation Authorities Act, any department of the
Province of Ontario or of the Government of Canada, provided that the following
provisions are satisfied:
(i) any building or structure erected shall be in substantial compliance with the
provisions for the zone in which such building or structure is situated;
(ii) no open storage of goods, materials, or equipment shall be permitted in any
Residential Zone; and
(iii) any building or structure erected in a Residential Zone shall be designed,
constructed, and maintained in general harmony, where possible, with the
neighbouring residential buildings permitted in the zone.
(b)
The provisions of this By-law shall not apply so as to prevent any use, building, or
structure of Ontario Hydro, subject to the limitations of control over Ontario Hydro
imposed by Section 62 of the Planning Act, R.S.O. 1990. Any new electric power
facilities, including all works as defined in the Power Corporation Act, shall be
authorized pursuant to the Environmental Assessment Act, where such Act applies to
undertakings of Ontario Hydro or other public authorities. Furthermore, the proponent
of such facilities will be required to contact and consult with the Council prior to
proceeding with plans involving such facilities.
(c)
Nothing in this By-law shall prevent the installation of a watermain, sanitary sewer main,
storm sewer main, street lighting fixture, telephone or other supply line or
communication line provided that Council is consulted prior to the proponent
proceeding with the plans involving such facilities.
(d)
Nothing contained in Clauses (a), (b), and (c) above relieves any of the government
bodies, agencies, and other authorities from the obligation of complying with all other
applicable By-laws of the Corporation, and all applicable statutes, regulations, and
requirements of other government bodies.
5.28 Railway Crossings
Notwithstanding anything contained in this By-law, the following shall apply in respect to
buildings erected in proximity to railways:
Amended by By-law No. Z107-2014
(a)
no building or structure shall be erected and no tree or shrub shall be planted within
15 metres of the point of intersection of the centre lines of a railway and a street.
(b)
The minimum distance from the boundary of a railway right-of-way and the nearest wall
of a dwelling unit shall be 15 metres.
5.29 Reserves
Notwithstanding anything contained in this By-law, a lot line abutting a reserve shall be
considered an exterior side lot line or a front lot line for the purpose of locating any use,
building and/or structure on the lot abutting the reserve.
5.30 Satellite Dishes, Antennae, and Aerials
(a)
Structures such as satellite dishes, antennae, and aerials that are used for receiving
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or transmitting radio, television, telephone, or other similar communications in
connection with a permitted use shall be subject to the following locational criteria:
(i) shall be permitted no closer to the front lot line and/or exterior side lot line than
the minimum front yard and/or exterior side yard distance required for the main
building under this By-law;
(ii) shall not have any supporting structure located closer than 2.0 metres from a lot
line;
(b)
Notwithstanding any other provisions contained in this By-law in a Residential Zone, all
satellite dishes with a dish radius greater than 0.61 metres or an antenna/aerial shall
be fixed to or located on the ground and shall not be permitted to be mounted on a
dwelling or accessory building in such zone; and
Amended by By-law No. Z107-2014
(c)
Notwithstanding any other provisions contained in this By-law, not more than 2 satellite
dishes and 2 antenna/aerials per dwelling unit shall be permitted on a lot in a
Residential Zone.
5.31 Setbacks of Buildings and Structures Along Watercourses and Municipal Drains
The following shall apply to buildings and structures erected in proximity to open
watercourses and municipal drains:
(a)
no building or structure shall be permitted within an area regulated by the
Conservation Authority's Fill, Construction, and Alteration to Waterways Regulation
except as specifically permitted by the Conservation Authority.
(b)
no building or structure shall be permitted within 10 metres of the top-of-bank of an
open municipal drain; and
(c)
no building or structure shall be permitted within 5.0 metres of the vertical projections
of the edges of an enclosed municipal drain.
Amended by By-law No. Z107-2014
5.31.1 Services Requirement
5.31.1.1 Municipal Facilities
Notwithstanding any other provisions of this By-law, no land shall be used nor any buildings or
structures erected or used unless, pursuant to an agreement made or condition imposed
under Sections 41, 45, 50 or 53 of the Planning Act, R.S.O. 1990, c. P.13, or Section 50 of the
Condominium Act, R.S.O. 1990, c. C.26, dealing with the provision of any of the municipal
services as are set out in this By-law, the municipal services to be provided are available to
service the land, buildings or structures, as the case may be.
5.31.1.2 Wells Private (Prohibition)
Notwithstanding any provision in this By-law, a private well shall not be permitted as a primary
or accessory structure on any lands within the limits of the Town where a municipal water
distribution system is accessible in the road right-of-way within 90 metres of the property. This
regulation shall not apply to:
(a)
a well which legally existed prior to May 15, 2013;
(b)
a well which is installed for the purposes of environmental site remediation, water
monitoring, or site de-watering;
(c)
a property used for non-residential purposes which, prior to May 15, 2013, relies upon
a legally existing private well for purposes other than human consumption such as
irrigation, cooling, or manufacturing purposes; or
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(d)
a well used by the Corporation.
5.31.1.3 Individual Sanitary Facilities
Individual sanitary facilities are permitted for the erection or enlargement of any building or
structure not serviced by municipal sanitary sewerage facilities within the Agriculture Zone (A),
issuance of a building permit shall be subject to the following provisions:
(a) the applicable requirements for the wastewater treatment system can be met and all
approvals are obtained in writing from the authorities having jurisdiction; and,
(b) if the quantity of effluent is projected to exceed 4500 litres per day, a hydrological study is
required to demonstrate that the system can operate satisfactorily on the site.
5.32
Swimming Pools
A swimming pool is permitted as an accessory use in any zone provided that the following
provisions are met:
5.32.1 Location
The swimming pool is located as follows:
Amended By By-law No. 153-2022
(a)
in the interior side yard or exterior side yard of a lot, where no part of the
swimming pool is located closer to any lot line or street line than the minimum yard
distance required by this By-law for the main building on the lot;
Amended By By-law No Z17-2000 and Z107-2014
(b)
in the rear yard of a lot, where no part of the swimming pool is located closer than 1.0
metre to any rear lot line.
Amended by By-law No. Z107-2014
5.32.2 Fencing
Every swimming pool shall be enclosed by a fence in accordance with the fencing By-law of
the Corporation.
(Explanatory Note: The current Fencing By-law is the "Swimming Pool By-law" 26 of 2006)
Amended by By-law No. Z107-2014
5.32.3 Lot Coverage
A Swimming pool that is not enclosed by a building or structure shall not be included in the
calculation of lot coverage but shall be included in the landscaped open space calculation.
Any decking or platform which is 0.2 metres or greater above the finished grade level of the
pool shall be included as part of the lot coverage calculation.
Amended by By-law No. Z107-2014
5.33
Temporary Uses
Notwithstanding the permitted uses in each zone of this By-law, temporary uses such as
construction offices, storage or tool sheds, scaffolds, or other buildings and structures
(excluding those used for human habitation) incidental to and necessary on location for the
work in progress shall be permitted so long as same is necessary for the construction work
which has neither been completed nor abandoned.
Notwithstanding the permitted uses in each zone of this By-law, on land subject to a
Subdivision Agreement between the owner and the Town, a model home(s) may be erected
in, accordance with the said Subdivision Agreement, a lot without full municipal services
provided the owner has entered into a non-occupancy agreement with the Town.
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Notwithstanding the permitted uses in each zone of this By-law, when an owner of land is
replacing an existing detached dwelling with a new detached dwelling, two dwellings (i.e.
the existing dwelling and the dwelling being constructed) may be located on one parcel of
land for a maximum time limit of 9 months from the commencement of construction provided
that the owner has entered into the required agreements with Council, and that the
construction work has neither been completed nor abandoned (abandoned shall mean failure
to proceed expeditiously with the construction work).
5.34
Undersized Lots
Notwithstanding anything contained in this By-law, a lot which is situated in the R1, R2, R3, or
R4 Zones and which lot lacks the required lot frontage, lot area and/or lot depth for a lot in
the respective zone, is and shall be deemed to be a lot that may be used for residential
purposes and a single-detached dwelling may be erected, or used thereon provided that:
(a)
the description of such parcel is the same as in a deed, registered on or prior to the date
of passing of this By-law;
(b)
such parcel could have been conveyed legally on the date of the passing of this By-law
by way of deed, transfer, mortgage, charge or agreement of sale and purchase without
consent under Section 50 of the Planning Act, R.S.O. 1990;
(c)
such parcel has a minimum lot frontage of 9.0 metres;
(d)
such parcel has a minimum lot area of 300.0 square metres;
(e)
all relevant regulations made under the Health Protection and Promotion Act, R.S.O.
1990, and all relevant requirements of the Perth District Health Unit or any other such
authority are complied with;
(f)
suitable measures for the proper drainage of the parcel are completed; and
(g)
all other requirements of the appropriate zone are complied with.
5.35
Wayside Pits
A wayside pit for the extraction and processing of road building materials for use in
constructing public roads may be established in the A1 and A2 Zones provided that such
operation complies with all other provisions of this By-law applicable thereto and further
provided that this provision applies only to the Council or a designated agent thereof.
5.36
Yard and Setback Requirements for Land Without Buildings
Where a use is carried on, on any land or lot, and such use is not enclosed by any building or
structure, the requirements for each yard of this By-law shall apply to such use in the same
manner as if a building or structure existed.
Amended by By-law No. Z107-2014
5.37
Yard Sale, Residential
No residential yard sales shall be permitted except where a premise has a dwelling unit,
and there shall not be more than four residential yard sales per annum at one location and no
such sale shall exceed two days in duration
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