Comprehensive Zoning By-law 320-03 (Office Consolidation to January 2026), Sections 5.24 (Swimming Pools) and 5.48 (Fences)
Stirling-Rawdon, Ontario
· adopted 2003-02-03
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Township of Stirling-Rawdon
Zoning By-law
320-03
Embracing the Future
while Remembering our Past
Office Consolidation: January 2026
(Contains amendments up to January 2026)
Note: This document is an Office Consolidation and is not a legal document.
In the event of a discrepancy, reference shall be made to the original,
approved amending By-law. The Township of Stirling-Rawdon does not
warrant the accuracy of consolidated versions.
This consolidation cannot be distributed or used for commercial purposes.
Any other distribution must repeat this disclaimer.
Please refer to the Hastings County Mapping System at https://hastings-
gis.maps.arcgis.com/apps/webappviewer/index.html?id=1e451896ecdf445a
9a2f75ad79805d0b to view.
Official versions of all By-laws can be obtained from the Clerk's Office by
calling (613) 395-3380.
TOWNSHIP OF STIRLING-RAWDON
COMPREHENSIVE ZONING BY-LAW 320-03
Prepared by:
AINLEY GRAHAM & ASSOCIATES LIMITED
CONSULTING ENGINEERS AND PLANNERS
45 SOUTH FRONT STREET
BELLEVILLE, ONTARIO
K8N 2Y5
FEBRUARY, 2003
FILE NO.: 21527-1
TOWNSHIP OF STIRLING-RAWDON
ZONING BY-LAW 320-03
T A B L E O F C O N T E N T S
Section 1 - Purpose
1
Section 2 - Title
1
Section 3 - Definitions
2
Section 4 - Administration
33
Zoning Administration
33
Issuance of Building Permits
33
Applications for Building Permits
33
Inspection of Land or Buildings
34
Violations and Penalties
34
Occupation of Buildings
34
Certificate of Conversion
34
Validity, Effective Date and Existing By-laws
35
Section 5 - General Provisions
36
Application
36
Interpretation
36
Zones
36
Holding Zones
37
Prohibitions
38
Planned Width of Road
39
Health Approval
39
Lands
Adjacent
to
Waterbodies,
Watercourses,
Embankments
and
Environmentally Sensitive Lands
39
Special Policy Area - Stirling-Rawdon - Flood Susceptibility
41
Flood Plain
41
Non-Conforming Uses
41
Non-Compliance of Existing Uses
43
Replacement of Buildings or Structures
43
Existing Undersized Lots
43
Cellar
44
Yard Encroachments Permitted
44
Lands Severed by Public Utility Lines
45
Temporary Uses
45
Public Uses and Utilities and Community Facilities
45
Multiple Uses on One Lot
46
Dwelling or Dwelling Unit as an Accessory Use in a Non-Residential Setting
46
Prohibited Uses
47
Special Occasion Uses
47
Truck, Bus, and Coach Bodies
47
Swimming Pools
48
Accessory Buildings
48
Frontage on a Street
49
Residential Exterior Side Yards
49
Sight Triangles
49
Home Occupations
49
Home Industry
50
Off-Street Parking Provision
51
Accessible Parking
54
Handicap Parking
55
Loading Space Requirements
55
Group Homes
56
Garden Suites
56
Areas of Influence
57
Agriculture - Minimum Distance Separation
57
Watertaking Permits
58
Open Storage
58
External Design
58
Height Exceptions
58
Abandoned Equipment
59
Storage and Parking of Motor Vehicles
59
Interior Side Yard
59
Outdoor Woodburning Furnaces
59
Travel Trailers, Motorized Mobile Homes, Camper Trailers, Truck Campers
60
Modular Homes
60
Mobile Homes
60
Fences
60
Signs
61
Cannabis Production & Processing
62
Forestry and Logging
62
Group Home
62
Waterfront Use
62
Regulations for Dwellings with Common Party Walls
64
Regulations for Pits & Quarries
64
Section 6 - Permanent Agriculture (PA) Zone
65
Section 7 - Marginal Agriculture (MA) Zone
80
Section 8 - Rural Residential (RR) Zone
86
Section 9 - Limited Service Residential (LSR) Zone
94
Section 10 - Waterfront Residential (WR) Zone
96
Section 11 - Mobile Home Residential (MHR) Zone
98
Section 12 - Residential First Density (R1) Zone
100
Section 13 - Residential Second Density (R2) Zone
102
Section 14 - Multiple Residential (MR) Zone
107
Section 15 - Urban Commercial (UC) Zone
113
Section 16 - Business Commercial (BC) Zone
118
Section 17 - Rural Commercial (RC) Zone
120
Section 18 - Recreational/Resort Commercial (RRC) Zone
125
Section 19 - Urban Industrial (UI) Zone
129
Section 20 - Rural Industrial (RI) Zone
132
Section 21 - Mineral Extractive (MX) Zone
135
Section 22 - Waste Disposal (WD) Zone
137
Section 23 - Community Facility (CF) Zone
140
Section 24 - Group Home (GH) Zone - Repealed 1463-21
143
Section 25 - Open Space (OS) Zone
145
Section 26 - Environmental Protection Wetland (EPW) Zone
146
Section 27 - Environmental Protection (EP) Zone
147
APPENDIX 1
-
MINIMUM DISTANCE SEPARATION I
APPENDIX 2
-
MINIMUM DISTANCE SEPARATION II
TOWNSHIP OF STIRLING-RAWDON - COMPREHENSIVE ZONING BY-LAW
THE CORPORATION OF THE TOWNSHIP OF STIRLING-RAWDON
ZONING BY-LAW
(By-law No. 320-03)
SECTION 1 - PURPOSE
This comprehensive Zoning By-law is intended to prohibit the use of land and the erection or
use of buildings or structures for or except for such purposes as set down in this by-law; to
prohibit the erection or use of buildings on land which is subject to flooding, or on land by
reason of its rocky, marshy or unstable character the cost of construction of satisfactory
waterworks, sewage, or drainage facilities is prohibitive; to regulate the height, bulk, location,
size, floor area, spacing, character and use of buildings or structures; to regulate the
minimum frontage and depth of a parcel of land and the portion of the area thereof that any
building or structure may occupy; to require loading and parking facilities for buildings or
structures erected or used for certain purposes; to prohibit the making or establishment of
pits and quarries within defined areas and to regulate the making or establishment of pits and
quarries within defined areas of the municipality.
SECTION 2 - TITLE
This By-law shall be cited as "Zoning By-law No. 320-03" and shall apply to all land included
within the Township of Stirling-Rawdon as shown on the attached Schedules.
BY-LAW 988-84 OF THE VILLAGE OF STIRLING IS HEREBY REPEALED.
BY-LAW 1360-91 OF THE TOWNSHIP OF RAWDON IS HEREBY REPEALED.
READ A FIRST TIME THIS 3RD DAY OF FEBRUARY, 2003.
READ A SECOND TIME THIS 3RD DAY OF FEBRUARY, 2003.
READ A THIRD TIME AND FINALLY PASSED THIS 3RD DAY OF FEBRUARY, 2003.
Original Signed by:
Original Signed by:
Mayor
Administrator/Clerk
I hereby certify that the following is a true copy of By-law No. 320-03 as enacted
by the Council of the Corporation of the Township of Stirling-Rawdon.
day of ___, 2003.
Administrator/Clerk, Township of Stirling-Rawdon
TOWNSHIP OF STIRLING-RAWDON - COMPREHENSIVE ZONING BY-LAW
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SECTION 3 - DEFINITIONS
For the purposes of this By-law, the definitions and interpretations in this Section shall govern
unless the context indicates otherwise. The word "shall" is mandatory and not directory.
Words used in the present tense include the future tense and the reverse. Words used in the
plural number include the singular number and the reverse.
3.1
"ABANDONED" shall mean the failure to proceed expeditiously with the construction
of a work, specifically abeyance of construction for six months.
3.2
"ABATTOIR" shall mean a slaughter-house designed for the purpose of killing
animals, skinning, dressing and cutting up of carcasses, wrapping for sale for human
consumption with cooler and freezer storage and may include indoor confinement of
animals while awaiting slaughter but shall not include the manufacturing of meat by-
products or any process related to rendering plants such as the manufacture of tallow,
grease, glue, fertilizer, or any other inedible product.
3.3
"ACCESSORY BUILDING" shall mean a detached building or structure the use of
which is customarily incidental and subordinate to a principal use, building or structure
and located on the same lot therewith and includes, but is not limited to, the following:
sauna, boathouse, gazebo, pumphouse and deck.
3.4
"ACCESSORY USE" shall mean a use customarily incidental and subordinate to, and
exclusively devoted to the main use of the lot, building or structure and located on the
same lot as such main use.
3.5
"ADJACENT LANDS (WETLAND)" shall mean those lands within 120 metres (393.7
ft.) of an individual Environmental Protection Wetland Zone.
3.6
"AGGREGATES" shall mean gravel, sand, clay earth, shale, stone, limestone,
dolostone, sandstone, marble, granite, rock, or other material prescribed under the
Aggregate Resources Act, but does not include metallic ores, asbestos, graphite,
kyanite, mica, nepheline syenite, talc, wollastonite, or other material prescribed under
that Act.
3.7
"AGRICULTURE/AGRICULTURAL USE" shall mean the use of land, buildings, or
structures for the purposes of the growing of field crops, flower gardening, market
gardening, berry crops, tree crops, nurseries, aviaries, apiaries or farms for the
grazing, breeding, raising, boarding of livestock or any other similar uses carried on in
the field of general agriculture, including the sale of such produce, crops, or livestock
on the same lot.
3.8
"AGRICULTURAL PRODUCE SALES OUTLET" shall mean a use accessory to a farm
which consists of the retail sale of agricultural products produced on the farm where
such outlet is located.
3.9
"AIR TREATMENT CONTROL" shall mean the functional use of industrial grade 2.5
multi-stage carbon filtration system, or similar technology, to reduce and/or treat the
TOWNSHIP OF STIRLING-RAWDON - COMPREHENSIVE ZONING BY-LAW
3
emission of pollen, dust and odours expelled from a facility and sized accordingly in
comparison to the facility it serves as designed by a qualified person
3.10 "ALTER" shall mean any alteration in a bearing wall or partition, column, beam, girder
or other supporting member of a building or structure or any increase in the area or
cubic contents of a building or structure. When used in reference to a lot, the word
"alter" means to decrease the width, depth or area of any required yard, setback,
landscaped open space or parking area or to change the location of any boundary of
such lot with respect to a public highway or laneway, whether such alteration is made
by conveyance or alienation of any portion of said lot or otherwise. The words "altered"
and "alteration" shall have a corresponding meaning.
3.11 "AMUSEMENT ARCADE" shall mean a building or place of amusement containing
games of chance and/or skill, including pinball/video games and billiards to be used
by the general public for recreational purposes and operated for a profit. This definition
does not include an establishment, the primary use of which is not an amusement
arcade and in which not more than 3 such games of chance are located.
3.12 "APIARY" shall mean a place where bees, bee hives, or bee colonies are kept for the
purpose of producing honey.
3.13 "ARENA" shall mean a building or structure constructed around an ice rink, including
spectator seating, two or more seating areas for visiting teams and provisions made
for storage and access of ice cleaning equipment and all other required equipment
used for the purpose of organized activities including sports and other group functions.
3.14 "ART GALLERY" shall mean a building or structure for the creation and display of art,
sculpture, photography, crafts, and similar products.
3.15 "ASSEMBLY HALL" shall mean a building, or part of a building, in which facilities are
provided for such purposes as meetings for civic, educational, political, religious, or
social purposes and shall include a banquet hall, private club or fraternal organization.
3.16 "ASSEMBLY OPERATION" shall mean the assembling of finished parts or materials
into a final product but shall not include any largescale manufacturing operation or any
operation discharging large amounts of liquids.
3.17 "AUCTION OUTLET" shall mean a building or part of a building where goods,
merchandise, substances, articles, or things are sold at a public sale to the person who
bids or offers a higher price than any other is willing to pay.
3.18 "AUTOMOBILE" shall mean any vehicle propelled or driven otherwise than by
muscular power, but does not include railway cars powered by steam, electricity or
diesel fuel or other vehicles running upon rails.
3.19 "AUTOMOBILE BODY SHOP" shall mean a building where automotive cleaning,
polishing, body repair and repainting is conducted but shall not include any other
automotive use.
TOWNSHIP OF STIRLING-RAWDON - COMPREHENSIVE ZONING BY-LAW
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3.20 "AUTOMOBILE SALES AGENCY (New and Used)" shall mean a building and/or lot
used for the display and sale of new and used automobiles and may include the
servicing, repair and repainting of automobiles, the leasing or renting of utility or boat
trailers and automobiles and the sale of automotive accessories and related products,
but shall not include any other defined automotive use.
3.21 "AUTOMOBILE SERVICE STATION" shall mean a building or place where gasoline,
propane, natural gas, diesel, oil, grease, anti-freeze, tires, tubes, tire accessories,
spark plugs, batteries and other related items for automobiles, trucks, motorcycles,
and snowmobiles are stored or kept for sale, or where such vehicles may be oiled,
greased, washed or have their ignitions or brakes adjusted, tires inflated, batteries
charged or more generally where repair or equipping of motor vehicles is executed or
performed. An automobile service station may operate on a self-serve basis.
3.22 "BAKE SHOP" shall mean the commercial use of land, buildings, or structures for the
purposes of processing, baking, and retail sale of baked goods.
3.23 "BASEMENT" shall mean that portion of a building or structure which is partly
underground and below the first floor and which has at least one half of its clear height
above the adjoining ground level.
3.24 "BASEMENT, WALKOUT" shall mean that portion of a building which is partly
underground, but which has more than 50% of the floor area not greater than .5
metres below grade, and which has an entrance and exit at grade level.
3.25 "BED AND BREAKFAST ESTABLISHMENT" shall mean a single detached dwelling
containing not more than 4 guest rooms used or maintained for the short-term
accommodation of the public, in which the owner or head lessee supplies, for hire or
gain, lodgings with or without meals for 4 or more persons but does not include other
establishments otherwise defined or classified herein.
3.26 "BOARDING OR ROOMING HOUSE" shall mean a dwelling in which long-term
lodging with or without meals is supplied for gain to not more than 4 guest rooms but
does not mean or include a motel, hotel, hospital or similar commercial, community
facility or institutional use, an apartment building or a bed and breakfast
establishment.
3.27 "BOATHOUSE, PRIVATE" shall mean a detached accessory building or structure
which is designed or used for the sheltering of a boat or other form of water
transportation and storage of household equipment incidental to the residential
occupancy, which does not exceed 4.1 m (13.45 ft.) In height.
3.28 "BUILDING (when used as a noun)" shall mean any structure whether temporary
or permanent, used or built for the shelter, accommodation or enclosure of persons,
animals, materials, or equipment. Any tent, awning, bin, silo, vessel, or vehicle used
for any of the said purposes shall be deemed a building.
TOWNSHIP OF STIRLING-RAWDON - COMPREHENSIVE ZONING BY-LAW
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3.29 "BUILDING HEIGHT" shall mean the vertical distance between the established grade
and:
a)
the highest point of a flat roof;
b)
the deck line of a mansard roof;
c)
the mean height between the eaves and ridges of a gabled or hip roof;
d)
but exclusive of a roof or penthouse structure accommodating an elevator,
staircase, tank, ventilating fan, or other similar equipment; a smoke stack;
barn; silo; communications tower; drive-in theatre screen; or other utilitarian
structure which does not provide habitable living space.
3.30 "BUILDING, SUPPLY OUTLET" shall mean an establishment involved in the storage,
display and sales of building supplies including lumber, millwork, siding, roofing,
plumbing, electrical, heating, air conditioning and similar items.
3.31 "BUILDING, PRINCIPAL" shall mean a building or structure in which the primary
use is conducted.
3.32 "BULK DEALER" shall mean the use of land, structure, or building for the purposes
of buying and selling merchandise or materials that are not included in the "Bulk Fuel
Dealer" definition.
3.33 "BULK FUEL DEALER" shall mean the use of land, building, or structure for the
purposes of buying and selling coal, fuel, oil, wood, lumber, building materials and ice,
but does not include any manufacturing industry, as defined herein.
3.34 "BULK STORAGE YARD" shall mean a place where land is used for the storage in the
open of goods and materials, machinery, petroleum products and/or equipment, but
does not include the storage of such items as would require approval under the Health
Protection and Promotion Act, as amended, nor does it include a salvage yard as
defined by this by-law.
3.35 "BUNKHOUSE" shall mean a separate building without sanitary sewage facilities used
or intended to be used for the seasonal accommodation of workers on a farm, in which
lodging with or without meals is supplied or is intended to be supplied to such
employees, which use is not for profit, reward or gain, and which may include a travel
trailer.
3.36 "BUSINESS, ADMINISTRATIVE OR PROFESSIONAL OFFICE" shall mean any
building or part of a building in which one or more persons are employed in the
management or direction of any agency, business, brokerage, labour or fraternal
organization and shall include offices for doctors, dentists, optometrists, chiropodists,
chiropractors, drugless practitioners, barristers, solicitors, engineers, architects,
Ontario Land Surveyors or Chartered Accountants and for any purpose incidental
thereto the administrative office or offices of a non-profit organization or a business
administrative office or offices.
TOWNSHIP OF STIRLING-RAWDON - COMPREHENSIVE ZONING BY-LAW
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3.37 "BY-LAW ENFORCEMENT OFFICER" shall mean the officer or employee of the
municipality appointed by the Corporation with the duty of administering and enforcing
the provisions of all municipal by-laws.
3.38 "CABIN, SLEEPING" shall mean an accessory and subordinate detached building or
structure with a maximum of 29.7 sq. m (320 sq. ft.) designed as sleeping
accommodation only to permit the better or more convenient enjoyment of the
principal seasonal residential dwelling and shall not contain any plumbing or sanitary
waste disposal systems. In no case shall the definition of a sleeping cabin be deemed
to include a premise for the temporary accommodation of members of the public for a
fee. In the case of a sleeping cabin to be located on a lot which is at least two times
the minimum lot frontage and lot area required by this By-law; a maximum of 55.7
sq. m (600 sq. ft.) may be permitted.
3.39 "CABIN, TOURIST" shall mean a detached building for the sleeping accommodation
of guests in which sanitary facilities may be provided but shall not contain any facilities
for the preparation or cooking of food.
3.40 "CAMP, CHARITABLE" shall mean a seasonal camp operated by a charitable
corporation approved under the Charitable Institutions Act.
3.41 "CAMPER TRAILER" shall mean any vehicle in which the assembly can be erected,
while stationary, using the trailer body and related components for support and utilized
for temporary living, shelter and sleeping accommodation with or without cooking
facilities, which is collapsible and compact while being drawn by a motor vehicle.
3.42 "CAMPING ESTABLISHMENT" shall mean a tourist establishment consisting of at
least five (5) camping lots and comprising land used or maintained as grounds for the
camping or temporary parking of travel trailers, motorized mobile homes, truck
campers, camper trailers or tents but does not include parks or camping grounds
maintained by any department of the Government of Ontario of Canada or any Crown
corporation, commission, or board.
3.43 "CANNABIS" shall mean a genus of flowering plants in the family Cannabaceae.
Synonyms include but are not limited to marijuana and marihuana. This definition does
not include the industrial or agricultural production of hemp (a source of foodstuffs,
fiber, and biofuel).
3.44 "CANNABIS PRODUCTION AND PROCESSING" shall mean lands, buildings, or
structures used for producing, processing, testing, destroying, packaging and/or
shipping of cannabis authorized by an issued license or registration by the federal
Minister of Health pursuant to the Access to Cannabis for Medical Purposes
Regulations, the Controlled Drugs and Substances Act, or any applicable legislation or
successors thereto.
3.45 "CARPORT" shall mean a building or structure of which is used for the parking or
storage of private passenger motor vehicles or commercial vehicles of less than one
TOWNSHIP OF STIRLING-RAWDON - COMPREHENSIVE ZONING BY-LAW
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ton capacity and wherein neither servicing nor repairing of motor vehicles is carried
on for remuneration.
3.46 "CAR WASH" shall mean building or structure for the operation of automobile
washing.
3.47 "CAR WASH, AUTOMATIC" shall mean a car wash where the labour is not supplied
by the patron.
3.48 "CAR WASH, COIN OPERATED" shall mean a car wash where the patron supplies
the labour.
3.49 "CARTAGE OR EXPRESS TRUCK TERMINAL" shall mean a building, structure, or
place where trucks or tractor trailers are rented, leased, kept for hire, or stored or
parked for remuneration, or from which trucks or transports, stored or parked on the
property, are dispatched for hire as common carriers, and which may include a
warehouse.
3.50 "CELLAR" shall mean the portion of a building or structure which is partly
underground and below the first floor and which has at least one half of its clear height
below the adjoining ground level.
3.51 "CEMETERY" shall mean a cemetery or columbarium within the meaning of the
Cemetery Act, as amended.
3.52 "CERTIFICATE OF OCCUPANCY" shall mean a certificate issued by the Chief Building
Official for the occupancy of any land, building or structure, residential, commercial,
or industrial purposes to the effect that the proposed use or activity complies with this
By-law.
3.53 "CHIEF BUILDING OFFICIAL" shall mean the officer or employee of the municipality
and appointed by the Corporation with the duty of administering the provisions of the
Ontario Building Code, Building By-law, and Zoning By-law.
3.54 "CHURCH" means a building which may include a church hall, auditorium, Sunday
school, convent, monastery, or other related uses, dedicated to public worship by a
recognized religion that is:
a)
charitable according to the laws of Ontario;
b)
organized for the conduct of religious worship; and
c)
permanently established both as to the continuity of its existence and as to its
religious beliefs and practices.
3.55 "CLINIC" shall mean a building or part thereof used by qualified medical practitioners,
dentists, osteopaths, or drugless practitioners, numbering more than two for public or
private medical, surgical, physiotherapeutic, or other human health purposes, but does
not include a private or public hospital.
TOWNSHIP OF STIRLING-RAWDON - COMPREHENSIVE ZONING BY-LAW
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3.56 "CLUB" see "PRIVATE CLUB" and "COMMERCIAL CLUB".
3.57 "COMMERCIAL" shall mean the use of land, buildings, or structures for the purpose
of buying and selling commodities and supplying services as distinguished from such
uses as the manufacturing or assembling of goods, warehousing, transport terminals,
construction, and other similar uses.
3.58 "COMMERCIAL CLUB" shall mean a building or part of a building where a club is
operated for gain or profit and may include facilities for physical fitness and recreation.
3.59 "COMMERCIAL RECREATIONAL ESTABLISHMENT" shall mean a building used or
intended to be used for a theatre, bowling alley, curling rink, swimming pool, billiard
parlour, health club, athletic club, or similar uses.
3.60 "COMMERCIAL VEHICLE" shall mean any motor vehicle having permanently
attached thereto a truck or delivery body and includes ambulances, hearses, fire
apparatus, police patrols, motor busses including school busses and tractor trailers
used for hauling purposes on the highway.
3.61 "COMMUNITY CENTRE" shall mean any tract of land, building or buildings used for
community activities whether used for commercial purposes or not, the control of
which is operated under the Community Centres Act, as amended from time to time.
3.62 "CONSERVATION/CONSERVATION
USES"
shall
mean
the
preservation,
protection, improvement, and use of land and/or water for the purpose of planned
management of these natural resources.
3.63 "CONTRACTOR'S YARD" shall mean a place where land is used for the storage in
the open, of goods and materials, machinery and/or equipment normally utilized by
the construction industry and may include the repair of machinery, but does not
include the storage of such items as would require approval under the Health
Protection and Promotion Act, as amended, nor does it include a salvage yard as
defined by this by-law nor equipment or materials used for blasting.
3.64 "CONVERTED DWELLING" see "DWELLING, CONVERTED".
3.65 "CORNER LOT" see "LOT, CORNER".
3.66 "CORPORATION" shall mean the Corporation of the municipality.
3.67 "COTTAGE, HOUSEKEEPING" shall mean a temporary dwelling unit in a tourist
establishment designed for human habitation and equipped with a kitchen, and having
a water supply in common with the other buildings in a group, should the cottage be
part of a group of similar cottages.
3.68 "COUNCIL" shall mean the Municipal Council of the Corporation.
TOWNSHIP OF STIRLING-RAWDON - COMPREHENSIVE ZONING BY-LAW
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3.69 "CRAFT SHOP" shall mean a building or structure where manufacturing is performed
by tradesmen or craftsmen requiring manual or mechanical skills and may include a
carpenter's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a potter's
shop, a jeweler's shop, sculptor's studio, or similar uses. A craft shop may also involve
the sale of goods or materials manufactured on the premises.
3.70 "CUSTOM QUALITY BOTTLING BUSINESS" shall mean a co-packing facility for the
alcoholic beverage industry. The facility receives the bulk liquid product from the
customer, bottles it, and returns the individually bottled product back to the customer
within days. Does not include the production, alteration or sale of any product.
3.71 "DAY NURSERY" shall mean a facility operated for pre-school age children within the
meaning of The Day Nurseries Act, as amended.
3.72 "DECK" shall mean a horizontal surface supported on piers, free of any roof or other
covering and which may be surrounded by a railing the height of which is governed by
the Ontario Building code.
3.73 "DEER YARD" shall mean any area where deer concentrate in the winter months.
3.74 "DERELICT VEHICLE" shall mean a motor vehicle, whether intact or operable, which:
a)
is not currently licensed or is not exempt from licensing for operation on a
highway under the provisions of the Highway Traffic Act; and
b)
has not been moved under its own power during any period of 21 consecutive
days; and
c)
is not located in an enclosed building or other location so as not to be visible
from any adjacent lands which are not occupied by the owner of the vehicle,
but shall not include a motor vehicle which is kept for sale or repair upon premises
which are lawfully used hereunder for a motor vehicle body shop, motor vehicle repair
garage, motor vehicle service station or a motor vehicle sales lot.
3.75 "DEVELOPMENT" shall mean the construction, erection, or placing of a building or
structure of any kind or the making of an addition or alteration to a building or
structure that has the effect of increasing the size or usability thereof, and includes
such related activities as site grading and the placing or dumping of fill and/or any
other operations that disrupt the natural environment in, on, over or under land or
water.
3.76 "DOCK" shall mean a structure built at or anchored to the shore at which boats or
other floating vessels are berthed or secured to and which may provide a foundation
for a boathouse.
3.77 "DOCK, COMMUNAL" shall mean any dock owned and/or used by more than one
interest.
3.78 "DRIVE-IN RESTAURANT" see "RESTAURANT, DRIVE-IN".
TOWNSHIP OF STIRLING-RAWDON - COMPREHENSIVE ZONING BY-LAW
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3.79 "DRIVEWAY" shall mean an area of land which provides vehicular access from the
travelled portion of a street to a parking aisle.
3.80 "DRY CLEANING SHOP" see "LAUNDRY AND DRY-CLEANING SHOP".
3.81 "DRY INDUSTRY" shall mean an industry which does not require the excessive use
of water or other fluids in an industrial process.
3.82 "DUPLEX" see "DWELLING, DUPLEX".
3.83 "DWELLING" shall mean a building or structure or part of a building or structure
occupied and capable of being occupied for human habitation and includes a building
that would be or could be intended to be used for such purpose except for its state of
disrepair and shall include any mobile dwelling unit.
3.84 "DWELLING, ACCESSORY" shall mean a single detached dwelling which is accessory
to a permitted non-residential use, located on the same lot therein and is occupied by
either the owner or the person employed on the lot where such dwelling is located.
3.85 "DWELLING UNIT" shall mean a suite of two or more rooms, designed, or intended
for use by one or more persons, in which sanitary conveniences are provided, in which
facilities are provided for cooking, or the installation of cooking equipment, in which a
heating system is provided and containing a private entrance from outside the building
or from a common hall or stairway inside.
3.86 "DWELLING UNIT, ACCESSORY" shall mean a dwelling unit which is part of and
accessory to a permitted non-residential building other than an automobile service
station or commercial garage. Such dwelling unit shall be occupied by the owner of
the non-residential building or by a person employed on the lot where such dwelling
unit is located.
3.87 "DWELLING, CONVERTED" shall mean a dwelling erected prior to passing of this
By-law altered to contain no more than 2 dwelling units.
3.88 "DWELLING, DUPLEX" shall mean a building that is divided horizontally into two
dwelling units, each of which has an independent entrance either directly or through a
common vestibule.
3.89 "DWELLING, MULTIPLE" shall mean a separate building containing three or more
dwelling units which are horizontally and/or vertically attached with masonry walls and
which have separate private entrances from the exterior of the building or from a
common hallway.
3.90 "DWELLING, SENIOR CITIZEN MULTIPLE" shall mean any multiple dwelling for
senior citizens sponsored and administered by any public agency or any service club,
church or non-profit organization, either of which obtains its financing from Federal,
Provincial or Municipal governments, or by public subscription or donation, or by any
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combination thereof, and such multiple dwellings shall include auxiliary uses such as
club and lounge facilities, usually associated with senior citizens' development.
3.91 "DWELLING, SEASONAL" shall mean a detached building constructed and used as
a secondary place of residence for seasonal vacations and recreational purposes and
not as the principal residence of the owner or occupant thereof.
3.92 "DWELLING, SEMI-DETACHED" shall mean a separate building containing two
single dwelling units separated vertically by a common wall, each unit having separate
entrance and exit facilities.
3.93 "DWELLING, SINGLE DETACHED" shall mean a separate building designed and
intended to be occupied as a single housekeeping unit.
3.94 "DWELLING UNIT, BACHELOR" shall mean a dwelling unit consisting of one
bathroom and not more than two habitable rooms providing therein living, dining,
sleeping and kitchen accommodation in appropriate individual or combination room or
rooms.
3.95 "EATING ESTABLISHMENT" shall mean a building or part of a building where food
is prepared and/or cooked for sale to the public, and includes a restaurant, a drive-in
restaurant, a take-out restaurant, a snack bar, a dairy bar, coffee shop, dining room,
café, ice cream parlour, tea or lunch room, refreshment stand or chip wagon but does
not include a boarding or rooming house.
3.96 "ELDERLY PERSONS' CENTRE" shall mean any facility intended primarily for the use
of elderly persons for purposes which include social, cultural, athletic, or recreational
activities, and shall include any centre established under the Elderly Persons Centres
Act, as amended.
3.97 "ENVIRONMENTAL IMPACT STUDY (EIS)" shall mean a study prepared in
accordance with established procedures to identify and access the impacts of
development on provincially significant wetlands.
3.98 "EQUIPMENT SALES/RENTAL AND REPAIR ESTABLISHMENT" shall mean a
building or part of a building, structure or yard in which articles, machinery, and
equipment, including heavy machinery are offered for rent and may be serviced or
repaired, and may be offered or kept for rent, lease or hire under agreement for
compensation.
3.99 "ERECT" when used in this By-law includes construction, reconstruction, and
relocation of buildings and structures, and without limiting the generality of the work,
also includes:
a)
any preliminary physical operation such as excavating, filling, regrading, or
draining;
b)
altering any existing building or structure by adding, enlarging, extending,
remodelling, renovating, moving, demolishing, or effecting other structural
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changes;
c)
any work for the doing of which a building permit is required under the Building
By-law of the Corporation; and
d)
erect, erected or erection shall have a corresponding meaning.
3.100 "ESTABLISHED BUILDING LINE" shall mean the average setback of the existing
buildings. A building line is considered to be established when at least three buildings
have been erected on any one side of a continuous 300 metres (984.3 ft.) of land with
street frontage.
3.101 "ESTABLISHED GRADE" shall mean the average elevation of the ground level or
sidewalk adjoining the walls of the building or structure.
3.102 "EXISTING" unless otherwise described, shall mean existing as of the date of the
passing of this By-law.
3.103 "EXTERIOR SIDE LOT LINE" see "LOT LINE, EXTERIOR SIDE".
3.104 "EXTERIOR SIDE YARD" see "YARD, SIDE".
3.105 "FAIRGROUND" shall mean a place, building, or part of a building, used for the
purpose of outdoor fairs, shows, displays, exhibitions, sporting events, bingos, day
nursery and other general assembly types of uses.
3.106 "FARM IMPLEMENT AND SUPPLY DEALER" shall mean an establishment for the
repair and/or sale of agricultural implements including the sale of fuel, lubricants, and
related items for agricultural equipment on the same premises.
3.107 "FARM PRODUCE OUTLET" shall mean a use accessory to a permitted farm which
consists of the retail sale of agricultural products.
3.108 "FACTORY OUTLET" shall mean a building or part of a building in which the wholesale
or retail sale of products to the general public is carried on. The outlet shall be located
in the factory in which the goods were produced and the outlet must be located on the
same property in which the factory is located.
3.109 "FIRST FLOOR" shall mean the floor of a building at or immediately above the
established grade.
3.110 "FLEA MARKET" shall mean a building or part of a building where second-hand goods,
articles and antiques are offered or kept for sale at retail to the general public but shall
not include any other establishment otherwise defined or classified herein.
3.111 "FLOOD PLAIN" shall mean:
a)
the area, usually low lands, adjoining a watercourse which has been, or may
be, covered by flood waters; or
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b)
where the high-water mark is not known, any land situated between a
watercourse and a line parallel to and at a distance of 15 metres (49.2 ft.)
measured at right angles from the top of the bank of a watercourse; or
c)
where the high-water mark is not known and the bank of a watercourse is not
discernible, the horizontal area, 20 metres (65.6 ft.) wide, on either side of the
centre of a watercourse.
3.112 "FLOOR AREA, GROSS" shall mean the total floor area of all the storeys of a building
and shall include the floor area of any apartment or areas common to the tenants,
which floor areas are measured between exterior faces of the exterior walls of the
building at each floor level, but excluding car parking areas within the building and any
finished or unfinished basement or cellar. For the purpose of this definition, the walls
of an inner court are and shall be deemed to be exterior walls.
3.113 "FLOOR AREA, GROUND" shall mean the floor area of the lowest storey of a building,
approximately at or first above the finished grade level, of which the area is measured
between the exterior faces of the exterior walls at the floor level of such storey, but
excludes car parking areas within the building and any finished or unfinished basement
or cellar. For the purpose of this paragraph, the walls of an inner court are and shall
be deemed to be exterior walls.
3.114 "FOOD MARKET" shall mean a building or part of a building wherein food and other
household items are kept for sale at retail to the general public and which operates on
a self-service, cash and carry basis.
3.115 "FORESTRY/FORESTRY USES" shall mean the management, development,
cultivation and harvesting of timber resources to ensure the continuous production of
wood or wood products, provision of proper environmental conditions for wildlife,
protection against floods and erosion, protection and production of water supplies, and
preservation of the recreation resource.
3.116 "FOUNDATION" shall mean a system or arrangement of structural members
including footings, rafts, or piles through which the loads from a building are
transferred to supporting soil or rock.
3.117 "FRONT LOT LINE" see "LOT LINE, FRONT".
3.118 "FRONT YARD" see "YARD, FRONT".
3.119 "FUEL STORAGE TANK" shall mean a tank for the bulk storage of petroleum,
gasoline, fuel, oil, gas or flammable liquid or fluid but does not include a container for
flammable liquid or fluid legally and properly kept in a retail store or a tank for storage
merely incidental to some other use of the premises where such tank is located.
3.120 "FUNERAL HOME/PARLOUR" 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 the dead human body for interment or cremation.
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3.121 "FUR FARM" shall mean the breeding and/or raising of animals for their fur.
3.122 "GARAGE, COMMERCIAL" shall mean a building, structure, or lot where commercial
motor vehicles are stored or where vehicles are repaired or maintained.
3.123 "GARAGE, PRIVATE" shall mean a separate building or a part of the principal building
used for the parking or storage of private passenger motor vehicles or commercial
vehicles of less than one ton capacity and wherein neither servicing nor repairing is
carried on for remuneration.
3.124 "GARAGE, PUBLIC" see "AUTOMOBILE SERVICE STATION".
3.125 "GARDEN SUITE" shall mean a manufactured detached dwelling consisting of
separate modular or panelized sections which are designed to permit easy delivery to
and assembly into one integral unit on a specific site, and which are reusable and
designed to permit easy disassembly for transport back to the factory or to another
site at an appropriate time. Under no circumstances shall a garden suite be defined
to include a single wide or double wide mobile home, a motorized mobile home, a
travel trailer, tent trailer or trailer otherwise designed.
3.126 "GAS BAR" shall mean one or more pump islands, each consisting of one or more
gasoline pumps and shelter having a floor area of not more than 100 square feet,
excluding washrooms, which shall not be used for the sale of any product other than
liquids and small accessories required for the operation of motor vehicles and shall not
be used for repairs, oil changes or greasing, but this definition shall not include a kiosk
on a pump island.
3.127 "GASOLINE PUMP ISLAND" shall mean a structure which is an accessory use
intended to provide gasoline for vehicles.
3.128 "GAZEBO" shall mean a freestanding, roofed accessory structure which is not
enclosed, except for screening or glass and which is utilized for the purposes of
relaxation in conjunction with a residential dwelling but shall not include any other use
or activity otherwise defined or classified in this By-law.
3.129 "GIFT SHOP" shall mean a building or part of a building where crafts, souvenirs, gifts,
or similar items are offered or kept for sale at retail to the general public but shall not
include any other establishment otherwise defined or classified in this By-law.
3.130 "GOLF COURSE" shall mean a public or private area operated for the purpose of
playing golf and includes a par 3 or larger golf course, a miniature golf course and
driving range.
3.131 "GROUP HOME" shall mean a premises used to provide supervised living
accommodation as per the requirements of its residents, licensed or funded under the
Province of Ontario or Government of Canada legislation, for a maximum of 10
persons, exclusive of staff, living together in a single housekeeping unit but does not
include a facility maintained and operated primarily for persons:
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a) Who have been placed on probation under the Probation Act, The Criminal Code
(Canada) or the Youth Criminal Justice Act (Canada) as amended or their successor
legislation; or
b) who have been released on parole under the Ministry of Correctional Services Act;
the Corrections and Conditional Release Act (Canada) or the Provincial Offences
Act, as amended or their successor legislation; or
c) who are admitted to an institution for correctional purposes.
3.132 "HEALTH SPA" shall mean a building or buildings and associated land, facilities and
accessory buildings and uses which provide for the physical and emotional treatment
of the human body.
3.133 "HEIGHT/HEIGHT OF BUILDING" shall mean the vertical distance, measured
between the finished grade at the front of the building, and:
a)
in the case of a flat roof, the highest point of the roof surface;
b)
in the case of a mansard roof, the deck roof line; and
c)
in the case of a gable, hip or gambrel roof, the height between the eaves and
ridge.
3.134 "HEREAFTER" shall mean after the date of the passing of this By-law.
3.135 "HEREIN" shall mean in this By-law and shall not be limited to any particular section
of this By-law.
3.136 "HIGH WATER MARK" shall mean the mark made by the action of water under
natural conditions on the shore or bank of a body of water, which action has been so
common and usual and so long continued that it has created a difference between the
character of the vegetation or soil on one side of the mark and the character of the
vegetation or soil on the other side of the mark.
3.137 "HOME INDUSTRY" shall mean an industry which is clearly incidental or secondary
to the residential use of a single detached dwelling and is conducted either entirely
within a single dwelling or in an accessory building to a single dwelling, by an inhabitant
thereof. Such industries shall include: a veterinary hospital or clinic; a woodworking
shop; a welding shop; a machine or automobile body shop, a small engine repair shop,
a blacksmith shop or similar use.
3.138 "HOME OCCUPATION" shall mean a use which is clearly incidental or secondary to
the residential use of a dwelling and is conducted entirely within such a dwelling by an
inhabitant thereof and shall not use more than 25% of the gross floor area of the
dwelling. Such uses may, among others, include an outlet or office for the making of
crafts, a real estate agent; hairdresser; dressmaker; dentist; doctor; chiropractor;
physiotherapist; licensed masseur or masseuse or osteopath or other professional; or
a bed and breakfast establishment.
3.139 "HOSPITAL, PRIVATE" shall mean a hospital as defined by the Public Hospitals Act,
as amended from time to time.
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3.140 "HOSPITAL, PUBLIC" shall mean a hospital as defined by the Public Hospitals Act,
as amended from time to time.
3.141 "HOTEL" shall mean a building or structure used for the purpose of catering to the
needs of the travelling public by supplying sleeping accommodations, and may or may
not include food and refreshments and which may include permanent staff
accommodation and may or may not be licensed under the Liquor Licence Act.
3.142 "HUNT CAMP" shall mean a base camp for recreational activities such as hunting
which provides seasonal or temporary accommodations only, in a remote location
where municipal or community services are usually not available and shall not mean
a dwelling unit or a commercial facility and shall not be used for habitation on a
permanent basis.
3.143 "INTERIOR SIDE YARD" see "YARD, SIDE".
3.144 "KENNEL - COMMERCIAL" shall mean a building or structure where dogs, cats, or
other domestic household pets are kept, boarded and/or bred and the operation is
registered by an appropriate recognized professional organization or club and in which
enclosed outside runs shall be permitted, but shall not apply to the keeping of animals
in a veterinary establishment for the purpose of observation and/or recovery necessary
to veterinary treatment.
3.145 "KENNEL - PRIVATE" shall mean a building or structure where dogs are kept for the
personal use of the owner and shall contain no more than 8 dogs over the age of 4
months and in which no breeding, boarding or sales of dogs shall take place and in
which enclosed outside runs shall be permitted.
3.146 "LANDSCAPED" shall mean an area not built upon and not used for any purpose
other than as a landscaped area and which shall include at least a hedgerow of hardy
shrubs or similar type of vegetation not less than .3 metres (1 ft.) in height at the time
of planting and which, when fully grown, will reach a height of not less than 2 metres
(6.6 ft.), extending the full length of the landscaped area and be maintained in a
healthy growing condition. A landscaped area does not include driveways, parking
spaces or parking aisles.
3.147 "LANE" shall mean a thoroughfare or way, which affords only a secondary means of
access to abutting property.
3.148 "LAUNDRY AND DRY-CLEANING SHOP" shall mean a building or part of a building
used for the purpose of receiving articles or goods of fabric to be subjected to a
commercial process of laundering, dry cleaning, dry dyeing, or cleaning elsewhere and
for the pressing and distribution of any such articles or goods which have been
subjected to any such process and shall include self-service laundry and/or self-service
dry-cleaning establishments.
3.149 "LAWN, GARDEN SUPPLIES SALES OUTLET" shall mean a building, or part of a
building, and land adjacent thereto for growing or displaying of flowers, fruits,
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vegetables, plants, shrubs, trees, or similar vegetation which is sold to the public at
retail and shall also include the sale of such goods, products and equipment as are
normally associated with gardening or landscaping.
3.150 "LIBRARY" shall mean a public library within the meaning of the Public Libraries Act.
3.151 "LIVESTOCK" shall mean poultry, turkeys, cattle, hogs, horses, mink, rabbits, sheep,
goats, fur bearing animals or any other domesticated animal used for consumption.
3.152 "LIVESTOCK ASSEMBLY EXCHANGE" shall mean a commercial establishment for
the sale and marketing of livestock.
3.153 "LIVESTOCK FACILITY" shall mean a farm unit which includes the raising or keeping
of livestock as defined herein.
3.154 "LOADING SPACE" shall mean an unencumbered area of land which is provided and
maintained upon the same lot or lots upon which the principal use is located and which
area:
a)
is provided for the temporary parking of one commercial motor vehicle while
merchandise or materials are being loaded or unloaded from such vehicle, and
such parking shall not be for the purpose of sale or display;
b)
is suitable for the temporary parking of one commercial motor vehicle;
c)
is not upon or partly upon any street, lane, or alley; and
d)
has adequate access to permit ingress and egress of a commercial motor
vehicle from a street by means of driveways, aisles, manoeuvring areas or
similar areas, no part of which shall be used for the temporary parking or
storage of one or more motor vehicles.
3.155 "LODGE" shall mean an establishment catering to the vacationing public by providing
meals and sleeping accommodation to at least five (5) guests in rooms or cabins, but
shall not include any establishment otherwise defined herein.
3.156 "LOGGING" shall mean the removal or cutting of merchantable timber either by strip
or clear or total cutting operations but does not include the selective harvesting of
mature timber nor does it include the clearing of land incidental to putting the land
into a condition necessary for the bonafide exercise of a use specifically permitted
herein and selective harvesting as used herein means the harvesting of mature timber
while causing a minimum of damage to adjacent growth in accordance with good
forestry practice.
3.157 "LOT" shall mean a parcel of land, the boundaries of which are defined in the last
registered instrument by which legal or equitable title to the said parcel was lawfully
and effectively conveyed or which is a whole lot as shown on a Registered Plan of
Subdivision subject to the provisions of the Planning Act.
3.158 "LOT AREA" shall mean the total horizontal area within the lot line of a lot, and in the
case of a corner lot having street lines rounding at the corner with a radius of 6 metres
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(19.7 ft.) or less, the lot area of such lot is to be calculated as if the lot lines were
projected to their point of intersection.
3.159 "LOT, CORNER" shall mean a lot situated at the intersection of two or more streets
or private roads, having an angle of intersection of not more than 135 degrees. The
front lot line on a corner lot is deemed to be either lot line abutting the street.
3.160 "LOT COVERAGE" shall mean that percentage of the lot area covered by all buildings
or structures but excluding any part of a building or structure which is constructed
entirely below grade. For the purposes of calculating lot coverage, the lot coverage of
each zone shall be deemed to apply only to that portion of such lot that is located
within the said zone.
3.161 "LOT DEPTH" shall mean the horizontal distance between the midpoints of the front
and rear lot lines, and where there is no rear lot line, lot depth means the length of a
line within the lot between the midpoint of the front lot line and the most distance
point of the apex(s) of a triangle formed by the side lot lines.
3.162 "LOT FRONTAGE" shall mean the horizontal distance between the side lot lines
measured along the front lot line, but where the front lot line is not a straight line or
where the side lot lines are not parallel, the lot frontage is to be measured nine (9)
metres (29.5 ft.) back from the front lot line and parallel to the chord of the lot
frontage. For the purpose of this paragraph the chord of the lot frontage is a straight
line joining the two points where the side lot lines intersect the front lot line.
3.163 "LOT, INTERIOR" shall mean a lot other than a corner lot.
3.164 "LOT LINE" shall mean any boundary of a lot.
3.165 "LOT LINE, EXTERIOR SIDE" shall mean the longer of the lot lines of a corner lot
which abuts a street.
3.166 "LOT LINE, FRONT" shall mean the line that divides a lot from a street, a private
road, or a navigable waterway. In the case of a lot with frontage on a street, the front
lot line shall be deemed to be the line that divides the lot from the street. In the case
of a lot with frontage on a private road and/or a navigable waterway, either lot line
may be deemed to be the front lot line. In the case of a corner lot either lot line may
be deemed to be the front lot line.
3.167 "LOT LINE, REAR" shall mean the lot line farthest from and opposite to the front lot
line and where the side lot lines converge at the rear of the lot to form a triangular
shaped parcel of land, the rear lot line shall mean the apex of the triangle formed by
the side lot lines. Furthermore, where the rear lot line is situated adjacent to a body
of water, such lot line shall be the line formed by the high-water mark of a body of
water.
3.168 "LOT LINE, SIDE" shall mean any lot line other than the rear or front lot line.
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3.169 "LOT, THROUGH" shall mean a lot bounded on two opposite sides by streets provided
however that if any lot qualifies as being both a corner lot and a through lot as herein
defined, such lot shall be deemed a corner lot for the purpose of this By-law.
3.170 "LUMBER YARD" shall mean an area where finished and unfinished lumber is stored
but does not include an establishment or area otherwise defined in this by-law.
3.171 "MANUFACTURING OR PROCESSING PLANT" shall mean a plant in which the
process of producing a product suitable for use by hand and/or mechanical power and
machinery is carried on systematically with division of labour.
3.172 "MARINA, PUBLIC/PRIVATE" shall mean a building or structure with access to a
body of water, where boats and boat accessories are berthed, stored, serviced,
repaired, or kept for sale and where facilities for the sale of marine fuels and lubricants
may be provided.
3.173 MARINE/SNOWMOBILE DEALER" shall mean any building or structure used for the
purpose of supplying and selling marine and snowmobile products and may include
repair facilities for the purpose of repairing only those items either sold by or related
to the products supplied by the dealer.
3.174 "MARINE FACILITY" shall mean an accessory building or structure which is used to
take a boat into or out of a waterbody to moor, berth or store a boat and includes a
boat launching ramp, boat lift, pumping station, dock or boathouse and a water
pumphouse but shall not include any building used for human habitation or any boat
service, repair or sales facility and shall comply with the minimum side yard
requirements of the respective zone.
3.175 "MARKET GARDEN" shall mean the use of land for the intensive commercial
cultivation of vegetables, fruits, or flowers.
3.176 "MEDICAL/DENTAL CLINIC" shall mean a building or part of a building where
members of the medical profession, dentists, chiropractors, osteopaths, optometrists,
physicians or occupational therapists, either singularly or in union provide diagnosis
and treatment to the general public without overnight accommodation and shall
include such uses as reception areas, offices, coffee shop, consultation, X-ray and
minor operating rooms, and a dispensary, providing that all such users have access
only from the interior of the building.
3.177 "MERCHANDISE SERVICE SHOP" shall mean a building or part of a building in which
persons are employed in furnishing the repair or servicing of articles, machines, goods,
or materials as opposed to the manufacture of same. Merchandise service shops
include such establishments as small engine repair of such items as lawn mowers,
chainsaws, and snowmobiles.
3.178 "MINIMUM DISTANCE SEPARATION" means a separation requirement as provided
for in Appendix 1 and 2.
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a)
Minimum Distance Separation I provides minimum distance separation for new
or expanding development from existing livestock facilities.
b)
Minimum Distance Separation II provides minimum distance separation for new
or expanding livestock facilities from existing or approved development.
3.179 "MOBILE HOME" shall mean a transportable single detached dwelling suitable for
long term occupancy, designed to be transported on its own wheels or by other means
and arriving at the site ready for occupancy and does not include a modular home.
3.180 "MOBILE HOME PARK" shall mean a lot containing two or more mobile home sites
and which is under single management and ownership, used for the siting of mobile
homes together with commercial-recreational and service uses for the Mobile Home
Park residents, including any building, structure or enclosure forming a part of such
mobile home park.
3.181 "MODULAR HOME" shall mean a factory built, detached structural unit designed to
be and capable of being transported after fabrication to a lot, and which is suitable for
year- round occupancy in similar fashion as a dwelling unit, except for minor and
incidental unpacking and assembly operations, placement on defined supporting
structures and connections to utilities.
3.182 "MOTEL" shall mean an establishment which consists of one or more than one building
containing more than one rental unit for the purpose of catering to the travelling public,
to whom the motor vehicle is the principal means of transportation, by furnishing
sleeping accommodations with or without meals and which may include permanent
staff accommodation and may or may not be licensed under the Liquor Licence Act.
3.183 "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 within the meaning of The Highway Traffic Act.
3.184 "MOTORIZED ALL TERRAIN VEHICLE (A.T.V.)" shall mean a motorized
recreational vehicle used for off road recreational purposes.
3.185 "MOTORIZED MOBILE HOME/RECREATIONAL VEHICLE" shall mean any motor
vehicle so constructed as to be a self-contained, self-propelled unit capable of being
utilized for the living, sleeping, or eating accommodation of persons.
3.186 "MOTORIZED SNOW VEHICLE" shall mean a motorized snow vehicle within the
meaning of The Motorized Snow Vehicle Act.
3.187 "MULTIPLE DWELLING" see "DWELLING, MULTIPLE".
3.188 "MUNICIPAL/PUBLIC UTILITIES YARD" shall mean a lot which may include a
building or structure and also associated storage structures used for the storage,
maintenance or repair of equipment, machinery or motor vehicles used in connection
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with civil works and shall include a public works yard.
3.189 "MUNICIPAL/PUBLIC WORKS YARD" shall mean any land, building, or structure
owned by the Corporation of the Township of Stirling-Rawdon or the Province of
Ontario used for the storage, maintenance or repair of supplies, materials, equipment,
machinery, or motor vehicles used in connection with civil works.
3.190 "MUNICIPALITY" shall mean the Corporation of the Township of Stirling-Rawdon.
3.191 "MUSEUM" shall mean a building or structure used for the display and/or preservation
of a collection of paintings, photographs, and/or other works of art, object of natural
or cultural history, mechanical, scientific, or philosophical inventions, instruments,
models, and/or designs, dedicated to the recreation and education or the public, and
may include libraries, reading rooms, laboratories, and/or other offices and premises
used in connection therewith.
3.192 "NON-COMPLYING USE" shall mean a permitted land use building or structure
existing at the date of the passing of this By-law which does not comply with a
provision or provisions of the zone within which it is located.
3.193 "NON-CONFORMING USE" shall mean a building, structure, or land existing at the
date of the passing of this By-law which is used for purposes not permitted in the
respective zone in which it is located.
3.194 "NUISANCE" shall mean any condition existing that is or may become injurious or
dangerous to health or that prevents or hinders or may prevent or hinder in any
manner the suppression of a disease.
3.195 "NURSERY/GARDEN CENTRE/GREENHOUSE" shall mean:
a)
a place where young trees or other plants are grown for transplanting or for
sale, and may also include the sale of related accessory supplies.
b)
land used for the growing of sod, flowers, bushes, trees or other gardening,
landscaping or orchard stock for wholesale or retail sale.
c)
a building or structure, and lands associated therewith, for the growing of
flowers, fruits, vegetables, plants, shrubs, trees, or similar vegetation together
with gardening tools and implements which are sold at retail from such building
or lot to the general public.
3.196 "NURSERY SCHOOL" shall mean a day nursery within the meaning of the Day
Nurseries Act, as amended from time to time, and shall include a day care centre.
3.197 "NURSING HOME" shall mean:
a)
a building in which the proprietor supplies for hire or gain, lodging with or
without meals and, in addition, provides nursing, medical or similar care and
treatment, if required, and includes a rest home, or convalescent home, and
any other establishment required to operate under the appropriate statute.
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b)
any premises in which persons are cared for, lodged, either by a charitable
institution within the meaning of the appropriate statute or for hire, where, in
addition to sleeping accommodation and meals, personal care, nursing services
or medical care and treatment are provided or made available, but shall not
include a Maternity boarding house. For the purpose of this definition, 'personal
care' means personal services such as the provision of aid to residents in
walking or climbing or descending stairs, in getting in or out of bed, in feeding,
dressing, bathing or in other matters of personal hygiene, and includes the
preparation of special diets, the provision of tray service for meals, the
supervision of medication and other similar types of personal assistance and
'resident' means a person who is cared for or lodged for hire in such premises.
3.198 "OPEN SPACE/OPEN SPACE USES" shall mean the open, unobstructed space on a
lot, including the open, unobstructed space accessible to all occupants of any
residential or commercial building or structure, which is suitable and used for the
growth of grass, flowers, bushes and other vegetation and may include any surface
pedestrian walk, patio, pool, or similar area, but does not include any driveway, ramp
or parking spaces, parking aisles, loading spaces, vehicular maneuvering areas or
similar areas.
3.199 "ORNAMENTAL STRUCTURE" shall mean any ornamental fountain, statue,
monument, cenotaph or other memorial or decorative structure not being part of or
accessory to any other structure.
3.200 "OTHER PLACE OF ENTERTAINMENT" shall mean a motion picture or other theatre,
auditorium, public hall, billiard or pool room, bowling alley, ice or roller-skating rink,
dance hall or music hall; and shall include arcades and other places of amusement
licensed in accordance with the Municipal Act, but does not include an adult
entertainment parlour or any place of entertainment or amusement otherwise defined
or classified in this By-law.
3.201 "OUTDOOR FURNACE" shall mean a building or structure that is used to provide heat
or heated water to the main building on a lot but is separate from the main building
on the lot.
3.202 "OUTSIDE STORAGE" shall mean an accessory storage area outside of the principal
or main building on the lot.
3.203 "PARK, PRIVATE" shall mean a park other than a public park.
3.204 "PARK, PUBLIC" shall mean a recreational area owned or controlled by the
Corporation or by any Board, Commission or other Authority established under any
statute of the Province of Ontario or Government of Canada.
3.205 "PARKING AISLE" shall mean an area of land which abuts and provides direct
vehicular access to one or more parking spaces.
3.206 "PARKING ANGLE" shall mean the angle, equal to or less than a right angle,
formed6by the intersection of the side of the parking space and line parallel to the
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aisle.
3.207 "PARKING AREA" shall mean an area of land which is provided and maintained upon
the same lot or lots upon which the principal use is located or upon a privately owned
lot situated within 60 metres (196.9 ft.) of the said lot and which areas comprise all
parking spaces of at least the minimum number required according to the provisions
of this By-law, and all driveways, aisles, vehicular maneuvering areas, entrances, exits
and similar areas used for the purpose of gaining access to or egress from the said
parking spaces.
3.208 "PARKING LOT" shall mean any parking area other than a parking area accessory to
a permitted use.
3.209 "PARKING SPACE" shall mean an area of land having a width of not less than 2.7
metres (8.9 ft.) and a length of not less than 6 metres (19.69 ft.), exclusive of aisles
or any other land used for access or vehicular maneuvering, for the temporary parking
of one motor vehicle. A parking space may be located in the open or within a private
garage, carport, building or other covered area and shall have adequate access to
permit ingress and egress of a motor vehicle from a street by means of driveways,
aisles, or similar areas.
3.210 "PERSON(S)" shall mean any human being, association, firm, partnership, private
club, incorporated company, corporation, agent, or trustee and the heirs, executors,
or other legal representatives of a person to whom the context can apply according to
law.
3.211 "PERSONAL SERVICE SHOP" shall mean a building or part of a building in which
persons are employed in furnishing services and otherwise administering to the
individual and personal needs of persons. Personal service shops, include such
establishments as barber shops, hairdressing salons, shoe repair and shoeshine shops
and depots for collecting dry-cleaning and laundry.
3.212 "PIT" shall mean land or land under water from which unconsolidated aggregate is
being or has been excavated, and that has not been rehabilitated, but does not mean
land or land under water excavated for a building or other work on the excavation site
or in relation to which an order has been made under the Aggregate Resources Act.
3.213 "PLACE OF WORSHIP" shall mean a building dedicated to a religious worship and
includes a church, synagogue, or assembly hall, and may include such accessory uses
as a nursery school, a school of religious education, convent, monastery, or parish
hall.
3.214 "PLANTING SCREEN" shall mean a continuous hedgerow of evergreen trees or
shrubs, not less than 1.6 metres in height, immediately adjacent to the lot line or
portion thereof along which such planting screen is required herein.
3.215 "PORTABLE ASPHALT PLANT" shall mean a facility:
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a) with equipment designed to heat and dry aggregate and to mix aggregate with
bituminous asphalt to produce asphalt paving material, and includes stockpiling
and storage of bulk materials used in the process; and
b) which is not permanent construction, but which is to be dismantled at the
completion of the construction project.
3.216 "PORTABLE CANTEEN" shall mean a vehicular and mobile facility where light meals
and drink are prepared and served to the public and which does not necessarily provide
for consumption thereof on the premises and shall include a chip truck or chip wagon.
3.217 "PORTABLE CONCRETE PLANT" shall mean a facility,
a) with equipment designed to mix cementing materials, aggregate, water, and
admixtures to produce concrete, and includes stockpiling and storage of bulk
materials used in the process; and
b) which is not of permanent construction, but which is designed to be dismantled at
the completion of the construction project.
3.218 "PRINTING/PUBLISHING ESTABLISHMENT" shall mean a building or part of a
building in which the business of producing books, newspapers or periodicals by
mechanical means and reproducing techniques such as photo copying is carried on and
may include the sale of newspapers, books, magazines, periodicals, or the like to the
general public.
3.219 "PRIVATE CLUB" shall mean a building or part of a building used as a meeting place
for members sharing a common interest and includes a fraternal lodge or organization
and a labour union hall. Such private clubs shall not be operated for profit.
3.220 "PRIVATE GARAGE" see "GARAGE, PRIVATE".
3.221 "PRIVATE PARK" see "PARK, PRIVATE".
3.222 "PRIVATE ROAD" shall mean a street other than a "Street" as defined in this By-law.
3.223 "PRODUCE SALES OUTLET" shall mean a seasonal fruit, vegetable, flower, or farm
produce sales outlet located on the farm on which the majority of the goods for sale
have been produced.
3.224 "PROVINCIALLY SIGNIFICANT WETLANDS" shall mean Wetlands in the Great
Lakes - St. Lawrence Region as defined in "An Evaluation System for Wetlands of
Ontario South of the Precambrian Shield" Second Edition 1984 as amended from time
to time.
3.225 "PUBLIC GARAGE" see "GARAGE, PUBLIC".
3.226 "PUBLIC PARK" see "PARK, PUBLIC".
3.227 "PUBLIC USE" shall mean the Corporation of the municipality and any Boards or
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Commissions thereof: The Bell Telephone Company of Canada, any company supplying
natural gas to the municipality, the electric authority, the County of Hastings and any
Department of the Government of Ontario and Canada, or other similarly recognized
agencies.
3.228 "QUARRY" shall mean land or land under water from which consolidated aggregate
is being or has been excavated and that has not been rehabilitated, but does not mean
land or land under water excavated for a building or other work on the excavation site
or in relation to which an order has been made under the Aggregate Resources Act.
3.229 "RACEWAY" shall mean a track for the running and/or training of horses which is
accessory to the function of a riding stable or farm and which does not operate on a
commercial basis.
3.230 "REAR LOT LINE" see "LOT LINE, REAR".
3.231 "REAR YARD" see "YARD, REAR".
3.232 "RECREATIONAL USE" shall mean the use of land for parks, playgrounds, tennis
courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf
courses, picnic areas, swimming pools, riding clubs, day camps, community centres,
snow skiing and all similar uses, together with necessary and accessory buildings and
structures, but does not include an arcade, a track for the racing of animals, motor
vehicles, snowmobiles, or motorcycles.
3.233 "RECREATIONAL USE, ACTIVE OUTDOOR" shall mean uses such as golf courses,
lawn bowling greens, tennis courts, outdoor skating rinks and swimming pools,
together with necessary and accessory buildings and structures.
3.234 "RECREATIONAL USE, PASSIVE OUTDOOR" shall mean such uses as hiking and
ski trails, nature observation locations and open space as opposed to (for example)
tennis courts, golf courses and baseball diamonds.
3.235 "RECREATIONAL ESTABLISHMENT, COMMERCIAL" shall mean a building used or
intended to be used for a theatre, bowling alley, curling rink, swimming pool, billiard
parlour, health club, athletic club, or similar uses.
3.236 "RELIGIOUS INSTITUTION" shall mean buildings used as dwellings by religious
orders for their own members, such as a convent or monastery.
3.237 "RESEARCH FACILITY" shall mean a building or part of a building or an area of open
space in which investigation or inquiry for the purpose of producing new information
or products is carried on, and shall be conducted in accordance with the provisions of
Sections 5.20 and 5.21 of this By-law.
3.238 "RESIDENTIAL" shall mean the use of land, buildings, or structures for human
habitation.
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3.239 "RESTAURANT" shall mean a building or part of a building where food is prepared
and/or cooked and offered for sale or sold to the public and where dining tables and
table service are provided.
3.240 "RESTAURANT, DRIVE-IN" shall mean premises consisting of a building or
structure, together with a parking lot, where food is prepared and/or cooked and
offered for sale or sold to the public for consumption either in a motor vehicle parked
on the parking lot or for consumption on the premises and where dining tables may
be provided but table service is not provided.
3.241 "RESTAURANT, TAKE-OUT" shall mean a building or part of a building where food
is prepared and/or cooked and offered for sale or sold to the public and where neither
dining tables nor table service are provided.
3.242 "RETAIL STORE" shall mean a building or part of a building where goods,
merchandise, substances, articles, or things are offered for retail sale directly to the
general public and includes storage on the store premises of such goods, merchandise,
substances, articles, or things sufficient only to service such store.
3.243 "RETAIL STORE, CONVENIENCE" shall mean a retail store serving the daily or
occasional needs of the residents in the immediate area with a variety of goods such
as groceries, meats, beverages, dairy products, patent medicines, sundries, tobacco,
stationery, hardware, magazines, and newspapers.
3.244 "RIDING CLUB/BOARDING STABLE" shall mean a commercial establishment
where horses are housed or boarded and are available for riding, riding instructions,
agility training or jumping.
3.245 "SALVAGE YARD" shall mean a fenced lot and/or land for the storage and/or handling
of scrap material, which without limiting the generality of the foregoing, may include
vehicles, tires, metal, used bicycles, waste paper and/or other scrap material and
salvage.
3.246 "SANITARY SEWER" shall mean a system of underground conduits, operated either
by the Corporation or by the Ministry of the Environment, which carries sewage to a
place of treatment which meets with the approval of the Ministry of the Environment.
3.247 "SAUNA" shall mean an enclosed structure which does not exceed 10 square metres
(107.6 sq. ft.) in area with an approved heating device to produce steam.
3.248 "SAW AND/OR PLANING MILL" shall mean a building, structure, or area where
timber is cut, sawed, or planed, either to finished lumber or as an intermediary step
and may include facilities for the kiln drying and storage of lumber and may or may
not include the distribution of such products on a wholesale or retail basis.
3.249 "SCHOOL" shall mean a public, separate, or high school under the jurisdiction of the
Board of Education or the Roman Catholic Separate School Board, a private school, a
continuation school, a technical school, a vocational school, a college, a university, or
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other educational institution, but not a commercial school.
3.250 "SCHOOL, COMMERCIAL" shall mean a school which provides instruction on any
subject for profit or gain and without limiting the generality of the foregoing, including
a dance school, a music school, a modelling school, an arts and crafts school or studio
but does not include a public school, separate school, or private school.
3.251 "SEASONAL RESIDENCE" see "DWELLING, SEASONAL".
3.252 "SEASONAL FARM WORKER" shall mean one or more persons employed as a farm
worker during the months of April to November on a year-to-year basis.
3.252 "SELECTIVE CUTTING" shall mean the harvesting of mature timber without causing
undue damage to adjacent standing growth.
3.254 "SELF STORAGE BUILDING" shall mean a building (or part thereof) containing
individual doorways each accessing a fully enclosed room that is used for storage of
inactive and stable dry goods only.
3.255 "SEMI-DETACHED DWELLING" see "DWELLING, SEMI-DETACHED".
3.256 "SENIOR CITIZEN HOUSING" shall mean housing owned and operated by the
government to provide residential accommodation for senior citizens.
3.257 "SERVICE SHOP" shall mean a building or part of a building, whether connected with
a retail shop or not, used for the repair or servicing of articles, machines, goods, or
materials as distinguished from manufacturing of same.
3.258 "SETBACK" shall mean the least horizontal dimension between the centreline of a
street allowance, measured at right angles to such centreline, and the nearest part of
any building, structure or excavation on the lot, or the nearest open storage use on
the lot.
3.259 "SEWAGE TREATMENT PLANT" shall mean a building, structure, or area approved
by the Ministry of Environment and Energy, where domestic and/or industrial waste is
treated. This definition shall also include a sewage lagoon.
3.260 "SHOPPING CENTRE" shall mean a group of commercial uses which has been
designed and developed as a unit by a single owner or group of owners, as
distinguished from a business area consisting of unrelated individual commercial uses.
3.261 "SHORELINE" shall mean any lot line or portion thereof that abuts a waterbody.
3.262 "SIDE LOT LINE" see "LOT LINE, SIDE".
3.263 "SIDE YARD" see "YARD, SIDE".
3.264 "SINGLE DETACHED DWELLING" see "DWELLING, SINGLE DETACHED".
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3.265 "SIGHT TRIANGLE" shall mean an area free of buildings or structures, which area is
determined by measuring from the point of intersection of street lines on a corner lot
or where a corner is rounded from the point at which the extended street lines meet,
the distance required by this By-law along each such street line and joining such points
with a straight line thereby creating a triangular-shaped parcel of land. This triangular-
shaped parcel of land located between the intersecting street lines and the straight
line joining the points located the required distance along the street lines is the sight
triangle.
3.266 "SOLAR COLLECTOR" shall mean any structure subordinate to a principal structure
designed specifically for the collection of solar energy for experimental or ornamental
purposes or for the purposes of converting such energy for heating, lighting, water
production or any other domestic or commercial use that may be obtained from such
source. For the purposes of this by-law, a solar collector shall be considered an
accessory structure.
3.267 "STORMWATER MANAGEMENT" shall mean long- and short-term management of
stormwater runoff quality and quantity which may require the construction and
installation of permanent stormwater facilities.
3.268 "STORMWATER MANAGEMENT FACILITIES" shall mean a designated area or
structural device that would control the quantity or quality or velocity of stormwater
runoff leaving a property to achieve specific objectives such as reduce flooding and
erosion, remove pollutants, and provide other amenities.
3.269 "STREET" shall mean a public highway as defined under the Highway Traffic Act, as
amended, from which access may be taken to an abutting lot and which is dedicated,
assumed, and maintained by a municipality, a county, or the Province of Ontario. A
street does not include an unopened road allowance, a lane or an unassumed road on
a Registered Plan which has been deemed not to be a Registered Plan under the
Planning Act.
3.270 "STREET LINE" shall mean the limit of the street allowance and is the dividing line
between a lot and a street.
3.271 "STRUCTURE" shall mean anything constructed or erected, the use of which requires
location on the ground, or which is attached to something having location on the
ground.
3.272 "TAKE-OUT RESTAURANT" see "RESTAURANT, TAKE-OUT".
3.273 "TAVERN" shall mean "a tavern" as defined by the Liquor Licence Act, as amended
from time to time.
3.274 "TAXI DEPOT" shall mean a permanent location of a taxi business and the source of
dispatch rather than the location of the taxi on its dispatch.
3.275 "TEA ROOM" shall mean a public room accommodating no more than 20 persons,
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where tea and light refreshments, but not complete meals, are served for immediate
consumption within the building. A tea room does not include premises licensed under
the Liquor Licence Board of Ontario or any other form of eating establishment as
defined herein.
3.276 "TENT" shall mean every kind of temporary shelter for sleeping that is not
permanently affixed to the site and that is capable of being easily moved.
3.277 "THROUGH LOT" see "LOT, THROUGH".
3.278 "TOP OF BANK, STEEP AND UNSTABLE SLOPE" shall mean any change in elevation
resulting in a slope equal to or greater than 3:1 (horizontal: vertical) or approximately
18 degrees.
3.279 "TOURIST ESTABLISHMENT" shall mean any premises operated to provide sleeping
accommodation for the travelling public or sleeping accommodation for the use of the
public engaging in recreational activities and includes the services and facilities in
connection with which sleeping accommodation is provided, and without limiting the
generality of the term, also includes a tourist cabin and a housekeeping cottage as
well as docks, eating establishments and convenience stores but does not include:
a)
a camp operated by a charitable corporation approved under the Charitable
Institutions Act;
b)
a summer camp within the meanings of the regulations under Health Protection
and Promotion Act; or
c)
a club owned by its members and operated without profit or gain.
3.280 "TRACTOR TRAILER TRUCK" shall mean a self-propelled motor vehicle designed for
the haulage of goods in an attached trailer but not for the carriage of any load when
operating independently.
3.281 "TRANSMISSION TOWER" shall mean a structure located on a non-residential lot
that is intended for transmitting or receiving television, radio, or telephone
communication, excluding those used exclusively for dispatch services.
3.282 "TRANSPORT TERMINAL OR YARD" shall mean a building, structure, or place
where trucks or transports are rented, leased, kept for hire, or stored or parked for
remuneration, or from which trucks or transports, store or parked on the property are
dispatched for hire as common carriers or which is a bonded warehouse.
3.283 "TRAVEL TRAILER" shall mean any vehicle so constructed that it is suitable for being
attached to a motor vehicle for the purpose of being drawn or propelled by the motor
vehicle, notwithstanding that such vehicle is jacked-up or that its running gear is
removed, but not including any vehicle unless it is used or intended for the temporary
living, sleeping or eating accommodation of persons therein, and shall be deemed to
include a tent, truck camper or camper trailer, and may not be placed on a foundation.
3.284 "TRAVEL TRAILER PARK" shall mean a tourist establishment use comprising of land
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used or maintained as grounds for the temporary parking of park model trailers,
motorized mobile homes, recreational vehicles, truck campers, camper trailers, tents,
and any other temporary shelter.
3.285 "TRAVEL TRAILER SITE" shall mean an area of land within a travel trailer park that
is or is intended to be occupied by one tent or one trailer or similar vehicle within the
meaning of a trailer as defined above with adequate access to a driveway or public
street.
3.286 "TRUCK CAMPER" shall mean any unit so constructed that it may be attached upon
a motor vehicle, as a separate unit, and capable of being utilized for the temporary
living, sleeping, or eating accommodation of persons.
3.287 "USE" shall mean the purpose for which any land, building or structure is arranged,
designed, or intended to be used, occupied, or maintained.
3.288 "USE, ACCESSORY" shall mean a use customarily incidental and subordinate to the
principal use or building located on the same lot.
3.289 "VETERINARY CLINIC" shall mean a building or part of a building in which facilities
are provided for the prevention, cure and alleviation of disease and injury to animals
and in conjunction with which there may be facilities provided for the sheltering of
animals during the treatment period.
3.290 "WAREHOUSE" shall mean a building or part of a building used for the storage and
distribution of goods, wares, merchandise, substances, articles, or things and may
include facilities for a wholesale or retail commercial outlet but shall not include a truck
terminal.
3.291 "WASTE DISPOSAL SITE" shall mean any land or land covered by water (such as in
the case of a sewage lagoon) upon, into, in or through which a building or structure in
which waste, exclusive of liquid industrial waste, is deposited or processed and any
machinery or equipment or operation required for the treatment or disposal of waste
and shall include a sewage treatment plant or sewage lagoon.
3.292 "WASTE MANAGEMENT SYSTEM" shall mean all facilities, equipment, and
operations for the complete management of waste including the collection, handling,
transportation, storage, processing, and disposal thereof and may include one or more
waste disposal sites.
3.293 "WATER FRONTAGE" shall mean all property abutting a water body measured along
the high-water mark.
3.294 "WATERBODY" shall mean any bay, lake, wetland, canal, or natural watercourse but
excludes a drainage or irrigation channel.
3.295 "WATERBODY, NARROW" shall mean an area where the minimum average distance
from shoreline to shoreline is 150 metres for a lake and 50 metres for a river.
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3.296 "WATERCOURSE" shall mean any surface stream or river and includes a natural
channel for an intermittent stream and a municipal drain as defined by "The Drainage
Act", as amended.
3.297 "WAYSIDE PIT" shall mean:
a)
a temporary sand or gravel pit opened and used by a governmental authority
or authorized contractor for the purpose of a particular public project such as
road construction, or
b)
a minor sand and gravel pit on a farm unit required only for the use of that
farm unit.
3.298 "WAYSIDE QUARRY" shall mean a temporary quarry opened and used by a
governmental authority or authorized contractor for the purpose of a particular public
project such as road construction.
3.299 "WETLANDS" shall mean lands that are seasonally or permanently covered by
shallow water, as well as lands where the water table is close to or at the surface. In
either case, the presence of abundant water has caused the formation of hydric soils
and has favoured the dominance of either hydrophytic or water tolerant plants. The
four major types of Wetlands are swamps, marshes, bogs, and fens.
3.300 "WOODLOT" shall mean a wooded area in which the majority of trees are at least
10.2 centimeters (4.0 inches) in diameter and in which there is a minimum of a fifty
(50) percent closed canopy of tree foliage.
3.301 "WORKSHOP" shall mean a building or structure where manufacturing is performed
by tradespeople requiring manual or mechanical skills and may include a carpenter's
shop, a woodworker's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop,
an upholsterer's shop, a welder's shop, or similar uses.
3.302 "YARD" shall mean the space appurtenant to a building or structure on the same lot
which is open, uncovered, and unoccupied except for such accessory buildings,
structures, or uses which are specifically permitted by this By-law. In determining
yard measurements, the minimum horizontal distance from the respective lot lines
shall be used.
3.303 "YARD, FRONT" shall mean the yard extending across the full width of the lot
between the front lot line of the lot and the nearest part of any buildings or structures
on the lot. The "minimum" front yard shall mean the distance between the front lot
line and the nearest wall of any principal or accessory building on the lot, according to
the context in which the term is used.
3.304 "YARD, REAR" shall mean the yard extending across the full width of the lot between
the rear lot line of the lot and the nearest part of any principal building or structure on
the lot. Where a rear yard is required for an accessory building in this By-law then
this definition shall apply except that the words "accessory building" shall be
substituted for "principal building". The "minimum" rear yard shall mean the minimum
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distance between the rear lot line and the nearest wall of any principal building or
accessory building on the lot, according to the context in which the term is used.
3.305 "YARD, SIDE" shall mean the yard extending from the front yard to the rear yard
between the side lot line and the nearest part of any building or structure on the lot.
3.306 "YARD, INTERIOR SIDE" shall mean the side yard extending from the front yard to
the rear yard between the side lot line and the nearest part of any building or structure
on any lot and excluding any exterior side yard. The "minimum" interior side yard
shall mean the minimum distance between an interior side lot line and the nearest wall
of any principal or accessory building on the lot, according to the context in which the
term is used.
3.307 "YARD, EXTERIOR SIDE" shall mean the side yard of a corner lot in which the side
yard extends from the front yard to the rear yard between the side street line and the
nearest part of any building or structure on the corner lot. The "minimum" exterior
side yard shall mean the distance between the exterior side lot line and the nearest
wall of any principal or accessory building on the lot, according to the context in which
the term is used.
3.308 "ZONE" shall mean a designated area of land use shown on the Schedules of this By-
law.
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SECTION 4 - ADMINISTRATION
4.1
ZONING ADMINISTRATION
This By-law shall be administered by a person appointed by the Council of the
municipality as the Clerk-Administrator.
4.2
ISSUANCE OF BUILDING PERMITS
Where land is proposed to be used or a building or structure is proposed to be erected
or used in violation of this By-law, no permit or licence required under any by-law of
the Corporation for the use of the land or for the erection or the use of the building or
structure shall be issued.
4.3
APPLICATIONS FOR BUILDING PERMITS
In addition to the requirements of the Ontario Building Code, the Corporation's Building
By-law or any other by-law of the Corporation, every application for a building permit
shall be accompanied by plans (which depending upon the nature and location of the
work to be undertaken may be required, by the Corporation, to be based upon an
actual survey prepared by an Ontario Land Surveyor) drawn to an appropriate scale
and showing the following:
a)
the true shape and dimensions of the lot to be used or upon which it is proposed
to erect any building or structure;
b)
the proposed location, height and dimensions of the building, structure, or work
in respect of which the permit is being applied for;
c)
the location of every building or structure already erected or partly erected on
such lot;
d)
the proposed locations and dimensions of yards, landscaped open spaces,
parking areas, and loading spaces required by this By-law;
e)
proposed grading or change in elevation or contour of the land and the
proposed method for the disposal of storm and surface water from the land and
from any building or structures thereon;
f)
a statement signed by the owner or his agent duly authorized thereinto in
writing, filed with the Chief Building Official, which statement shall set forth in
detail the intended use of each building and structure or part thereof and giving
all information necessary to determine whether or not every such building or
structure conforms with the regulations of this By-law.
4.3.1 In addition to the above requirements, every application which involves the
installation, enlargement, or reconstruction of a well or a sewage disposal system shall
be accompanied by:
a)
in the case of a well, a well driller's report demonstrating a water pumping
capacity satisfactory to the Chief Building Official;
b)
in the case of a well, a bacteriological analysis demonstrating a potable water
supply; and
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c)
in the case of a well and/or sewage disposal system, approval in writing from
the appropriate responsible authority for the proposed well or method of
sewage disposal.
4.3.2 In addition to the above, where lands lie within established fill or flood lines, any
building permit application in respect of such land shall be accompanied by the written
approval and technical recommendations of the Conservation Authority having
jurisdiction.
4.4
INSPECTION OF LAND OR BUILDINGS
Where the Chief Building Official has reason to believe that any person has used land
or used a building or structure contrary to this By-law, he/she, or an employee of the
municipality authorized by him/her, may at any reasonable hour, enter and inspect
the land, building or structure.
4.5
VIOLATIONS AND PENALTIES
Any person who contravenes any provisions of the By-law is guilty of an offence, and
for the purposes of this By-law, each day that a breach of this By-law continues shall
constitute a separate offence and on summary, the offender shall be liable to be fined
under the provisions of the Provincial Offences Act.
The conviction of an offender upon the breach of any of the provisions of this By-law
shall not operate as a bar to a prosecution against the same offender upon any
continued or subsequent breach of any such provision and any court of competent
jurisdiction may convict any offender repeatedly for repeated breaches of the By-law.
4.6
OCCUPATION OF BUILDINGS
Occupation of all new buildings and converted dwellings may require a Certificate of
Occupancy from the municipal Building Department in accordance with the Ontario
Building Code and any other municipal by-laws.
4.7
CERTIFICATE OF CONVERSION
Where a Certificate is for the conversion of a seasonal dwelling to a permanent
dwelling, the following additional regulations apply:
4.7.1 a rezoning to a zone category deemed appropriate by the municipality shall be
required;
4.7.2 the applicant shall prepare a site plan showing the location and size of all existing and
proposed buildings and structures and the location of the existing or proposed sanitary
sewage disposal system, as well;
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4.7.3 the applicant shall comply with the regulations of the approving agency with respect
to sewage disposal for year-round occupancy.
4.7.4 the applicant has been issued a building permit in accordance with the Ontario Building
Code in effect at the time of the zone change;
4.7.5 the applicant has satisfied the municipality that the electrical system has been
inspected and approved by the appropriate authority;
4.7.6 the applicant shall submit a letter of compliance from a heating contractor that the
heating system is adequate for permanent year-round occupancy;
4.7.7 that the applicant has entered into an agreement with the municipality indicating that
the municipality will not be held responsible for road maintenance, waste collection,
insulation value or structural deficiencies.
4.8
VALIDITY, EFFECTIVE DATE AND EXISTING BY-LAWS
4.8.1 Validity
If any section, clause or provision of the By-law, including anything contained on
Schedule A to E attached hereto, is for any reason declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole
or any part thereof other than the section, clause, or provision so declared to be
invalid and it is hereby declared to be the intention that all the remaining sections,
clauses or provisions of this By-law shall remain in full force and take effect until
repealed, notwithstanding that one or more provisions thereof shall have been
declared to be invalid.
4.8.2 Effective Date
This By-law shall come into force and take effect upon being passed by the Council of
the municipality.
4.8.3 Existing By-laws
All by-laws in force within the Corporation regulating the use of lands and the
character, location, bulk, height and use of buildings and structures are amended
insofar only as it is necessary to give effect to the provisions of this By-law and the
provisions of this By-law shall govern unless otherwise specified.
4.8.4 Repeal of Existing Zoning By-law
By-law No. 988-84 as amended of the Corporation of the Village of Stirling is hereby
repealed.
By-law No. 1360-91 as amended of the Corporation of the Township of Rawdon is
hereby repealed.
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SECTION 5 - GENERAL PROVISIONS
5.1
APPLICATION
This By-law shall apply to all lands within the municipality, and shall take effect on the
day it is enacted.
5.2
INTERPRETATION
Nothing in this By-law shall be construed to exempt any person from complying with
the requirement of any by-law of the Municipality or the Corporation of the County of
Hastings or from any law of the Province of Ontario or Canada, or any regulations
under the provisions of the Conservation Authorities Act of a Conservation Authority
having jurisdiction or from any other law in force from time to time.
5.2.1 In this By-law, the word "shall" is mandatory.
5.2.2 With the exceptions of sections 5.8.6, 5.9.4(b) Hazard Lands - Calculation of Zone
Provisions and Section 5.9.4(b) Wetland Areas - Calculation of Zone Provisions a zone
line will be treated as a lot line for the purpose of zone interpretation.
5.3
ZONES
5.3.1 For the purpose of this By-law, the municipality has been divided into zones, the
boundaries of which are shown on Schedules A to E.
5.3.2 Schedules A to E are detailed maps for portions of the municipality.
5.3.3 The zones are referred to by the following names or symbols and are identified on
Schedules A to E by the following symbols:
ZONE
SYMBOL
PERMANENT AGRICULTURE ZONE
PA
MARGINAL AGRICULTURE ZONE
MA
RURAL RESIDENTIAL ZONE
RR
LIMITED-SERVICE RESIDENTIAL ZONE
LSR
WATERFRONT RESIDENTIAL ZONE
WR
MOBILE HOME RESIDENTIAL ZONE
MHR
RESIDENTIAL FIRST DENSITY ZONE
R1
RESIDENTIAL SECOND DENSITY ZONE
R2
MULTIPLE RESIDENTIAL ZONE
MR
URBAN COMMERCIAL ZONE
UC
BUSINESS COMMERCIAL ZONE
BC
RURAL COMMERCIAL ZONE
RC
RECREATIONAL/RESORT COMMERCIAL ZONE
RRC
URBAN INDUSTRIAL ZONE
UI
RURAL INDUSTRIAL ZONE
RI
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MINERAL EXTRACTIVE ZONE
MX
WASTE DISPOSAL ZONE
WD
COMMUNITY FACILITY ZONE
CF
GROUP HOME ZONE - REPEALED
GH
OPEN SPACE ZONE
OS
ENVIRONMENTAL PROTECTION WETLAND ZONE
EPW
ENVIRONMENTAL PROTECTION ZONE
EP
5.3.4 Where the boundary of any zone is uncertain, and the boundary is shown following a
street, lane, railway right-of-way, electric transmission line, right-of-way, or
watercourse, then the centre line of the street, lane, railway right-of-way, electric
transmission line, right-of-way or watercourse is the zone boundary.
5.3.5 Where the boundary line of a zone does not correspond to a property line, to the centre
line of a street, highway line, right-of-way or watercourse, the location of said
boundary line shall be scaled from the scale shown on Schedules A to E.
5.3.6 Where the boundary of any zone is uncertain and notwithstanding the provisions of
this subsection, the dimensions contained in any amending by-law shall apply.
5.3.7 Where the regulations of a zone include a requirement that the minimum yard of a lot
or parcel of land shall be a specific number of metres, such minimum yard shall be
determined by measuring at right angles from either the street line of the public street
or the lot line abutting such yard in the direction of such lot or parcel of land a distance
equal to the said specific number of metres in the relevant regulation of such zone.
5.3.8 Subject to the provisions of Section 5.12, the minimum lot area shall be as contained
in the appropriate section of this By-law for the zone in which the lot is located or such
larger area as may be required by the appropriate authority pursuant to the provisions
of the Health Protection and Promotion Act.
5.4
HOLDING ZONES
Where any zone symbol as shown on Schedule A to E is followed by the symbol "h",
this signifies that no person shall use any land, erect, alter, enlarge, use, or maintain
any building or structure until such time as the holding symbol has been removed by
the municipality in accordance with the provisions of the Planning Act. Upon removal
of the holding symbol the permitted use of the subject property and the erection of
any buildings or structures thereon shall be undertaken in accordance with the
provisions of the underlying zoning category.
5.4.1 Zone Regulations
Uses existing prior to the passing of this By-law and accessory uses thereto may be
enlarged, reconstructed, renovated, or replaced in accordance with the relevant zone
regulations where such use is normally permitted.
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5.4.2 General Provisions
All special provisions of this Section 5 "General Provisions" shall apply, where
applicable to any land, lot, building, structure or use within zones subject to the
aforementioned "Holding" criteria.
5.5
PROHIBITIONS
5.5.1 No person shall use any land or erect any building or structure within a zone except
for a permitted use established or erected in accordance with the regulations provided
by this By-law for the zone in which it is located.
5.5.2 No person, except a public authority engaged in the implementation of public works
or services shall reduce in area or frontage any lot already built upon, either by
conveyance or alteration, so that the lot coverage of the building exceeds the
maximum permitted by this By-law, or so that the area or frontage of the lot will be
less than the minimum permitted by this By-law for the zone in which the lot is located.
5.5.3 Except in a commercial or industrial zone, not more than one permitted use shall be
allowed on a lot unless specifically permitted in this By-law. This section shall not
prohibit the establishment of a home occupation or home industry in conjunction with
a dwelling where such use is permitted.
5.5.4 The purpose for which any land or building is used shall not be changed, no new
building or addition to any existing building shall be erected and no land shall be
severed from a lot, if such change, erection, or severance creates a situation that
contravenes any of the provisions of this By-law applicable to each individual remaining
building, accessory building, or lot.
5.5.5 Except as otherwise provided in this By-law, no building or structure shall be erected,
altered, extended, or enlarged except upon a lot nor shall any land be used for any
permitted use unless it comprises a lot as defined herein; but this provision shall not
prevent the use of any parcel or tract of land for agricultural purposes excluding the
erection or enlargement of any building or structure except a fence.
5.5.6 No person shall erect or use any building as a dwelling upon any lot on which a building
already exists, or which is in the course of construction or for which a building permit
has been issued.
5.5.7 Notwithstanding anything contained in this By-law, no person shall use or occupy any
building for residential purposes:
a)
unless such building has been substantially completed and finished in all
respects in accordance with the plans and specifications filed upon application
for the building permit, and
b)
unless such building is serviced with electricity, a pressurized potable water
supply system, and an appropriate sanitary sewage disposal system.
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5.5.8 Notwithstanding anything contained in the By-law, no person shall use any building,
structure or land for any purpose that would have a negative impact on groundwater
resources in the municipality. As part of the building permit, severance or rezoning
process, the applicant may be required to obtain Ministry of Environment approval for
any use.
5.6
PLANNED WIDTH OF ROAD
5.6.1 Notwithstanding any other provision contained in this By-law, no building or structure
shall be hereafter erected in any zone closer than the sum of the front yard or exterior
side yard requirement for such zone and the following where applicable:
a)
15.25 metres (50.0 ft.) from the centre line of former County Roads and
Provincial Highways unless the provisions of the applicable County By-law
require a larger setback in which case the provisions of that By-law shall apply;
and
b)
10 metres (32.8 ft.) from the centre of the right-of-way of all other public roads
in the municipality.
5.6.2 Notwithstanding the provisions of this by-law to the contrary, where a building,
structure or accessory use thereto is to be erected in a built-up area where there is an
established building line, such dwelling or accessory use is not to be erected closer to
the street line or to the centre line of the road or street, as the case may be, than the
established building line on the date of passing of this By-law.
5.7
HEALTH APPROVAL
No building permit shall be issued for any building or structure which requires a septic
tank unless the building permit application is accompanied by approval in writing from
the appropriate responsible authority for the proposed method of sewage disposal.
5.8
LANDS ADJACENT TO WATERBODIES, WATERCOURSES, EMBANKMENTS AND
ENVIRONMENTALLY SENSITIVE LANDS
Notwithstanding anything in this By-law, no permit shall be issued for any building to
be constructed within those areas outlined in subsections 5.8.1, 5.8.2 and 5.8.3 herein
without the prior written approval of the Conservation Authority, the Ministry of Natural
Resources and/or the Canadian Parks Service having jurisdiction.
5.8.1 No building or structure shall be located within the flood plain of a watercourse,
including a municipal drain, except where a municipal drain forms part of a road
allowance, notwithstanding that such watercourse is not shown on any schedule
forming part of this By-law.
5.8.2 Notwithstanding anything in this By-law, no building, structure, or septic tank
installation including the weeping tile field shall be located:
a)
within 30 metres (98.4 ft.) of the highwater mark of a waterbody or permanent
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watercourse, notwithstanding that such body of water or watercourse is not
shown on any schedule forming part of this By-law; or
b)
within 15 metres (49.2 ft.) of the top of bank; or
c)
within 30 metres (98.4 ft.) of an Environmental Protection Wetland Zone.
5.8.3 The provisions of subsections 5.8.1 and 5.8.2 shall not apply to buildings, structures
and services requiring direct access to the water as an operational necessity such as
a boathouse, marina, marine facility, or other similar structure.
5.8.4 Excluding lands within 120 metres of Habitat of Endangered and Threatened Species
and Provincially Significant Wetland, the construction of a single detached dwelling and
associated accessory structures on an existing lot of record shall be permitted, where
the use is permitted within the zone category applied to a property, without requiring
an Environmental Impact Statement. For all other development, the following
provision applies:
Development that is proposed on lands adjacent to environmentally sensitive lands as
identified in Natural Heritage Features and Areas Schedule OP-B of the Hastings
County Official Plan, shall be permitted provided that a satisfactorily completed
Environmental Impact Statement, prepared in accordance with Section 7.8.6 of the
Official Plan is submitted, and approved by the municipality in consultation with the
Ministry of Environment, Conservation and Parks (MECP), The Ministry of Natural
Resources and Forestry, and the Conservation Authority or other appropriate
authority. The following measures of adjacency shall be used:
Fish Habitat
120 metres
Provincially Significant Wetlands
120 metres
Significant Woodlands
120 metres
Significant Valley lands
120 metres
Significant Wildlife Habitat
120 metres
Significant Areas of Natural and Scientific Interest
120 metres
Habitat of Endangered and Threatened Species
120 metres
Significant Wetlands
120 metres
5.8.5 In accordance with the Provincial Policy Statement, new buildings, structures or uses
or additions, alterations or replacement of existing buildings or structures associated
with established agricultural activities shall be permitted without the need for an
Environmental Impact Study on lands adjacent to a Provincially Significant Wetland.
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5.8.6 Lands zoned as Environmental Protection or Environmental Protection Wetland may be
used in calculating minimum lot area and minimum frontage requirements.
5.8.7 Special Policy Area - Stirling-Rawdon - Flood Susceptibility
Where any zone symbol as shown on Schedule 'E' is followed by the symbol "fs" (e.g.,
UC (fs)), the zoning provisions of the preceding zone symbol shall apply exclusively
and in their entirety. The "fs" symbol signifies that lands so zoned are susceptible to
flooding in the event of the occurrence of a "Timmins Storm" event, notwithstanding
that they may be floodproofed.
All development within the area zoned with the attached flood susceptibility symbol
"fs" shall be subject to the floodproofing requirements of the local Conservation
Authority.
For the purpose of this By-law, "floodproofed" shall mean measures that are taken to
ensure that a building or structure is safe from flooding which more specifically means
that openings of any kind such as windows, doors, vents, in and out coming service
and utility installations, but excluding openings provided for the purposes of sump
pump (including a check valve) use, shall be located a minimum of .3 metres above
the engineered 1:100 year flood line of Rawdon Creek as delineated in the flood line
mapping forming part of the "Flood Damage Reduction Study for Rawdon Creek"
prepared by Kilborn Limited, for the Lower Trent Region Conservation Authority in
August 1985.
5.8.8 Flood Plain
All new development and site alteration there shall be a minimum setback of 30 metres
from the high-water mark, intermittent watercourse or outside the regulatory flood
elevation of lakes, rivers, streams, or creeks, whichever is greater. If the regulatory
flood elevation is known and exceed the minimum 30 metres prescribed herein, then
the greater setback shall be applied.
5.9
NON-CONFORMING USES
5.9.1 Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any lot, building or
structure for any purpose prohibited by this By-law if such lot, building, or structure
was lawfully used for such purpose on the day of passing of this By-law, so long as it
continues to be used for that purpose.
5.9.2 Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use for a
purpose prohibited by this By-law of any building or structure, the plans for which have
prior to the passing of this By-law been approved and a permit issued by the
municipality's Chief Building Official so long as the building or structure when erected
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is used and continues to be used for the purpose for which it was erected and provided
that the erection of such a building or structure is commenced within one year after
the day of the passing of this By-law and the building or structure is completed within
a reasonable time after the erection thereof is commenced.
5.9.3 Restoration to a Safe Condition
The provisions of this By-law shall not apply to prevent the strengthening to a safe
condition of any non-conforming building or structure or part thereof provided such
strengthening generally does not increase the height, size, or volume, of such building
or structure.
5.9.4 Rebuilding or Repair or Strengthen to Safe Condition Permitted on Lands
Zoned as Environmental Protection and Environmental Protection Wetland
Nothing in this By-law shall prevent the rebuilding or repair of any legal non-
conforming building or structure that is damaged or destroyed, or the strengthening
to a safe condition of any building or structure which does not conform to the provisions
of this By-law, subsequent to the passage of this by-law, provided that the dimensions
of the original building or structure are not increased and the use of the building or
structure not altered.
Hazard Lands Within Developed Areas
a)
i)
Hazard lands within the municipality have been denoted by the zone
category Environmental Protection (EP).
ii)
Hazard lands include lands that may pose a threat to life and property
because of inherent physiographic characteristics such as floodplains,
erosion hazards, poor drainage, organic soil, steep slopes, or other
similar physical limitations.
iii)
Notwithstanding any other provisions of this By-law to the contrary, all
lands within the Environmental Protection Zone may continue to be used
for those uses existing as of the date of passage of this by-law.
iv)
Prior to issuing a building permit for any building or structure within the
Environmental Protection Zone, the municipality should be satisfied that
no physical hazard exists which would cause harm to life or property.
The municipality may require technical reports to be submitted in
support of any development (i.e., drainage reports, slope stability
reports, environmental reports) and may require the written approval of
the Conservation Authority.
b)
Hazard Lands - Calculation of Zone Provisions
Lands zoned as Environmental Protection may be used in calculating minimum
lot area and minimum lot frontage requirements.
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Wetlands Within Developed Areas
a)
i)
Provincially significant wetlands within the municipality have been
denoted by the Environmental Protection Wetland (EPW) zone category.
ii)
Notwithstanding any other provisions of this By-law to the contrary, all
lands within the Environmental Protection Wetland Zone may continue
to be used for those uses existing as of the date of passage of this by-
law.
iii)
New buildings, structures or uses, or additions, alternations or
replacement of existing buildings or structures notwithstanding Section
5.11 hereof to the contrary shall only be permitted where an
Environmental Impact Study (EIS) or a Site Plan assesses to the
satisfaction of the municipality, the Ministry of Natural Resources, the
Conservation Authority, and the Health Unit that the proposed
development will have no impact on the Wetland.
b)
Wetland Areas - Calculation of Zone Provisions
Lands zoned as Environmental Protection Wetland may be used in calculating
minimum lot area and minimum lot frontage requirements.
5.10 NON-COMPLIANCE OF EXISTING USES
5.10.1 Building on Existing Lots
Where a building has been lawfully erected prior to the date of the passing of this By-
law on a lot having less than the minimum frontage and/or area, or having less than
the minimum front yard, side yard, rear yard or usable open space required by this
By-law, the said building may be enlarged, reconstructed, repaired or renovated
provided said enlargement, reconstruction, repair or renovation does not serve to
further reduce a required yard or required usable open space and provided all other
provisions of this By-law are complied with.
5.11 REPLACEMENT OF BUILDINGS OR STRUCTURES
A building or structure, including a legal non-conforming and/or legal non-complying
building or structure, may be replaced with a new building or structure in the case of
partial or complete destruction caused by fire, lightning, explosion, tempest, flood or
force majeure, or demolition by order of the municipality, the local Health Unit, or
other authority for safety, health or sanitation requirements, providing such building
or structure is serviced by a well and sewage disposal system approved by the
appropriate responsible authority. The provisions of Section 5.10 shall apply in the
case of the reconstruction of a legal non-complying building or structure.
5.12 EXISTING UNDERSIZED LOTS
Where a lot having a lesser lot area and/or lot frontage than that required herein is
held under distinct and separate ownership from abutting lots, as shown by a
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registered conveyance in the records of the Registry or Land Titles Office on the date
of passing of this By-law, or where such a lot is created as a result of an expropriation,
such smaller lot may be used and a building or structure may be erected, altered or
used on such smaller lot, provided that the parcel has a minimum frontage of fifty
percent (50%) or more of the minimum frontage required by the zone in which the
parcel is situated, provided that an adequate supply of potable water is available to
service the proposed use, provided such erection, alteration or use does not
contravene any other provisions of this by-law and provided that all relevant
requirements of the Building Code with respect to sewage system are complied with.
5.13 CELLAR
Notwithstanding anything contained in this By-law, no cellar or part of a cellar of any
building shall be used as a whole dwelling unit, and the whole or any part of a cellar
shall not be used for calculating the required minimum gross floor area or minimum
ground floor area of any dwelling or dwelling unit.
5.14 YARD ENCROACHMENTS PERMITTED
5.14.1 Except as otherwise provided in this By-law, every part of any required yard shall be
open and unobstructed by any building or structure from the ground to the sky, except
for:
a)
sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters, or
other ornamental features, provided however that the same shall not project
more than .6 metres (2 ft.) into any required yard;
b)
drop awnings, clothes poles, garden trellises, TV or radio antennae including
satellite dish antennae, or similar accessories;
c)
fences, solar collectors, parking lots, retaining walls, gatehouses in industrial
zones, driveways, patios, and other such uses as specifically permitted in this
By-law;
d)
i)
signs, provided however that the same shall be erected in accordance
with the provisions of any Sign By-law of the Municipality, County, or
the Ministry of Transportation;
ii)
in lieu of a municipal sign by-law:
.
in a residential zone, there shall be no display other than a sign
of a maximum size of 0.3 square metres (6 square feet) to
indicate that any part of a dwelling is being used for a purpose
other than residential. Furthermore, such a sign shall be set back
a minimum of 3 metres (9.8 ft.) from any lot line;
.
in an industrial, marginal agricultural, or rural commercial zone,
one temporary, portable roadside sign per lot frontage may be
located with the written approval of the property owner and
Council. The temporary portable sign shall be located on private
property and shall not interfere with parking or traffic circulation
on the site or adjoining roadway;
e)
light standards, fuel pump islands and fuel pumps of automobile service
stations, provided however that the same shall be erected in accordance with
the applicable provisions of this By-law;
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f)
fire escapes, provided however that the same shall project into any required
side or rear yard a distance of not more than 1.5 metres (4.9 ft.); and
g)
accessory buildings, provided however that the same shall be erected in
accordance with the applicable provisions of this By-law.
5.14.2 Notwithstanding the yard provisions of this By-law to the contrary, canopies, steps
and unenclosed and uncovered decks and porches may project into any required front
or rear yard a maximum distance of 1.5 metres (4.9 ft.). This however, does not
permit a balcony and/or porch to extend into a required yard if in fact the balcony
and/or porch is an addition to the house intended to circumvent the intent of this
section. For the purpose of this section, a "deck" shall mean a horizontal surface
supported on piers, free of any roof or other covering, and which may be surrounded
by a railing the height of which is governed by the Ontario Building Code.
5.14.3 Notwithstanding any other provisions of this By-law, a railway spur shall be permitted
in an Industrial Zone within a required yard. Where such yard abuts a residential zone,
the railway spur shall conform to the yard and setback requirements of the zone in
which it is located.
5.15 LANDS SEVERED BY PUBLIC UTILITY LINES
Where lands are acquired for the purpose of a public utility line and such acquisition
deprives a parcel of land of street frontage, the part of such parcel so deprived of
street frontage shall be deemed for the purpose of this By-law to have frontage on
such street providing the land has a permanent right of access to such street.
5.16 TEMPORARY USES
Nothing in this By-law shall prevent the use of any land, or the erection or use of any
building or structure for a construction camp, work camp, tool shed, scaffold, or other
building or structure including a temporary sales or rental office, which is incidental to
and necessary for construction work of 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. "Abandoned" in this Section shall mean the failure to proceed
expeditiously with the construction of a work, specifically abeyance of construction for
six months.
5.17 PUBLIC USES AND UTILITIES AND COMMUNITY FACILITIES
5.17.1 Notwithstanding anything contained in this By-law, the municipality or any local board
thereof, any telephone or telegraph company, any transportation system owned,
operated, or authorized by or for the municipality, any Department of the Federal or
Provincial Government or any Conservation Authority established by the Government
of Ontario, may, for purposes of public service, use any land or erect or use any
building or structure in any zone except Environmental Protection or Environmental
Protection Wetland provided:
a)
that such use, building or structure, shall be in compliance with the height,
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coverage, landscaped open space and yard regulations prescribed for such a
zone;
b)
that there shall be no open storage of goods, materials, or equipment in the
yards of any residential zone; and
c)
that any building or structure erected or used in any residential zone shall be
of a character and shall be maintained in general harmony with the buildings
of the type permitted in the said zone.
5.17.2 Nothing in this By-law shall prevent the use of any land as a public park, a public
street or for the location of a properly authorized traffic sign or signal, or any sign or
notice of any Municipal, Provincial or Federal government department or authority
provided it does not adversely affect public health and safety.
5.17.3 Where in a zone in this by-law under the heading of "Permitted Uses" a public use is
specifically permitted within a zone, then such use shall only be permitted within that
zone.
5.17.4 Where in this by-law a public use is not specifically referred to in any zone, then such
public use shall be permitted in any zone.
5.17.5 A community facility use shall be permitted in all zones other than the Environmental
Protection, Environmental Protection Wetland, Permanent Agriculture and Mineral
Extraction.
5.18 MULTIPLE USES ON ONE LOT
Notwithstanding anything contained in this By-law, where any land or building is used
for more than one purpose, all provisions of this By-law relating to each use shall be
complied with, provided that no dwelling shall be located closer than three (3) metres
(9.8 ft.) to any other building on the lot except a building accessory to such dwelling.
A dwelling or dwelling unit as an accessory use will be allowed where permitted by this
By-law in accordance with Section 5.19 below.
5.19 DWELLING OR DWELLING UNIT AS AN ACCESSORY USE IN A NON-
RESIDENTIAL SETTING
No person shall use any lot or erect, alter or use any building or structure for the
purpose of a dwelling or dwelling unit where the zoning is not residential except in
accordance with the following regulations:
a)
A dwelling as a separate structure shall have a minimum gross floor area of
92.9 square metres (1,000 sq. ft.) and where there is more than one floor, a
minimum ground floor area of 44.5 square metres (479.0 sq. ft.). A dwelling
unit as an apartment within a non-residential building shall have a minimum
gross floor area of 55 square metres (592.0 sq. ft.).
b)
A dwelling unit shall have separate bathroom and kitchen facilities from those
of the non-residential use.
c)
Each dwelling unit shall have separate parking spaces as required by the
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parking requirements hereto.
d)
The dwelling unit shall have a separate building entrance to that provided for
the non-residential use.
e)
Separate storage facilities containing a minimum of 2.8 square metres (30 sq.
ft.) shall be provided for each dwelling unit.
f)
In a Commercial zone, one dwelling unit shall be permitted in a non-residential
building provided it is located on the second storey of such building.
g)
Notwithstanding the provisions of clause 5.19(i) of this subsection, the gross
floor area of the residential portion of a non-residential building in a Commercial
zone shall not exceed one hundred (100) percent of the non-residential floor
area.
h)
A single detached dwelling as a separate structure shall be permitted if occupied
by the owner, caretaker, watchman or similar person, provided that such
person is employed on the lot on which such dwelling house is located.
i)
A dwelling unit shall be permitted in a portion of a non-residential building,
except in the case of a motor vehicle service station, motor vehicle dealership
or motor vehicle repair garage where such dwelling unit shall not be permitted.
5.20 PROHIBITED USES
5.20.1 Except as otherwise specifically permitted in this By-law, the following uses are
prohibited in any zone;
a) refining coal oil or petroleum products;
b) tanning hides or skins;
c) manufacturing gas;
d) manufacturing glue;
e) a track for the racing of motor vehicles, motorcycles, go-carts, or snowmobiles; and
f) locating or storing on any land for any purpose whatsoever, any disused railroad
car, truck, bus, or coach body, whether or not the same is situated on a foundation
5.22 SPECIAL OCCASION USES
5.22.1 Nothing in this by-law shall prevent the use of land in any zone where a residential
use is permitted for the purpose of a garage sale or yard sale but such use shall not
be conducted more than twice in one calendar year and for not more than 48
consecutive hours.
5.22.2 Nothing in this by-law shall prevent the use of land in any zone for the purpose of
special occasion events such as a concert, a fundraising event, fair or other similar use
provided such use is not operated more than once in one calendar year and for not
more than 72 continuous hours. The municipality may issue a special occasion permit
in accordance with the municipal by-laws.
5.23 TRUCK, BUS, AND COACH BODIES
Except as otherwise specifically permitted in this By-law, no truck, bus, coach body or
structure of any kind, other than a dwelling unit erected and used in accordance with
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this and all other By-laws of the municipality shall be used for human habitation or
storage of goods and materials within any area affected by this by-law, whether or not
the same is mounted on wheels or other form of mounting or foundation.
5.24 SWIMMING POOLS
Notwithstanding any other provisions of this By-law a swimming pool is permitted as
an accessory use in any residential, agricultural, commercial, community facility or
open space zone provided that:
a)
no part of such pool shall be located closer to any lot line or street line than the
minimum distance required for an accessory building located on such lot;
b)
except in the case of an above ground pool, the maximum height of such pool
shall be 2.5 metres (8.2 ft.) above the established grade;
c)
any building or structure required for changing clothing or for pumping or
filtering facilities, or other similar accessory uses shall meet all of the accessory
building requirement of the zone in which the pool is located;
d)
every swimming pool shall be enclosed by a fence of at least 1.52 metres (5.0
ft.) in height that is located at a distance of not more than 4.5 metres (14.8 ft)
from the pool or by the walls of a dwelling in conjunction with a fence located
as described above.
5.25 ACCESSORY BUILDINGS
5.25.1 The total lot coverage of accessory buildings and structures including detached private
garages shall not exceed ten (10) percent of the lot area except where a swimming
pool or tennis court is provided the total lot coverage for accessory uses shall not
exceed twenty (20) percent. In no case shall the lot coverage of all buildings on a lot
exceed the maximum lot coverage of the principal use set out in the applicable
provisions of this By-law except where a swimming pool and/or tennis court is
developed in which case the swimming pool and/or tennis court may increase the lot
coverage by 20% in addition to the lot coverage of the main building.
5.25.2 Any accessory building which is not part of the main building shall be erected to the
rear of the projected front or exterior side wall of the main building. Where accessory
buildings are located behind the main buildings, they shall be located in accordance
with the provisions of the particular zone.
5.25.3 Where an accessory building is attached to the main building, the front yard, side
yard, rear yard and area requirements of this By-law shall be complied with as if the
accessory building was part of the main building.
5.25.4 No person shall use an accessory building for human habitation except where a
dwelling is permitted as an accessory building.
5.25.5 An accessory building shall not be built closer to any lot line than the minimum
distance required by this By-law except that common semi-detached garages may be
erected on a mutual side lot line.
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5.25.6 Except in accordance with Section 5.16 no accessory building shall be erected prior to
the erection of a principal building or structure.
5.25.7 The minimum distance of an accessory building from a principal building shall be 3.0
metres (9.8 ft.) and in no case shall any overhang, eaves, or gutter project into this
required minimum area which shall be clear of any obstruction from the ground to the
sky.
5.26 FRONTAGE ON A STREET
No person shall erect any building or structure in any zone, except in a Limited Service
Residential (LSR) Zone, unless the lot upon which such building or structure is to be
erected fronts upon a public street. For the purposes of this By-law a street does not
include an unopened road allowance, a lane, or an unassumed road on a Registered
Plan which has been deemed not to be a Registered Plan under the Planning Act. The
above provisions shall not apply to prohibit the erection of any building on a lot on a
registered plan of subdivision where a subdivision agreement has been entered into
but in which the streets will not be assumed until the end of the maintenance period.
5.27 RESIDENTIAL EXTERIOR SIDE YARDS
Notwithstanding any provisions of this By-law to the contrary, the minimum required
exterior side yard may be reduced to a minimum of five (5) metres (16.4 ft.) provided
that for every one (1) metre or part thereof, the exterior side yard is reduced below
the minimum requirement, the minimum front yard shall be correspondingly increased
by the same distance.
5.28 SIGHT TRIANGLES
Unless otherwise specified in this By-law, on a corner lot, within the triangular space
formed by the street lines and a line drawn from a point in one street line to a point in
the other street line, each point being measured nine (9) metres (29.5 ft.) along the
street lines from the point of intersection of the street lines, no building or structure
which would obstruct the vision of drivers of motor vehicles shall be erected and no
trees, shrubs, hedges, fences or walls shall be planted, erected or maintained of
greater height than one (1) metre (3.3 ft.) above the centre line of the adjacent road
at the lowest point. Where the two street lines do not intersect at a point, the point
of intersection of the street lines shall be deemed to be the intersection of the tangents
to the street lines.
5.29 HOME OCCUPATIONS
Home occupations are categorized as Type 'A' and Type 'B' home occupations. Home
occupations Type 'A' and Type 'B' are permitted in the zones as indicated in this By-
law in accordance with the following:
a)
there is no display, other than a sign of a maximum size of .55 square metres
(6.0 sq. ft.) to indicate to persons outside that any part of the dwelling is being
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used for a purpose other than residential. Furthermore, such a sign shall be
setback a minimum of 3 metres (9.8 ft.) from any lot line;
b)
such home occupation is clearly secondary to the main residential use and does
not change the residential character of the dwelling nor create or become a
public nuisance; in particular, in regard to noise, obnoxious odours, emission
of smoke, traffic or parking;
c)
such home occupation does not interfere with television or radio reception;
d)
not more than 25 percent of the gross floor area of the dwelling is used for the
purposes of home occupation uses except in the case of a bed and breakfast
establishment in which situation the provisions of subsection 5.29.3 shall apply.
5.29.1 Additional Provisions for Type 'A' Home Occupations
a)
Type 'A' Home Occupations may be conducted in the dwelling unit provided that
the home occupation shall not exceed more than 25% of the gross floor area
of the dwelling unit;
b)
Type 'A' home occupations may be permitted in an accessory structure with a
maximum area of 50 square metres (540 square feet)
c)
The goods, materials or matters sold shall be produced on the same property
as the Type A home occupation.
5.29.2 Additional Provisions for Type 'B' Home Occupations
Type 'B' home occupations shall be conducted entirely within the principal residence
and shall be limited to personal service and medical occupations such as hairdressers,
day nurseries limited to 5 children or less, doctors and dentists' offices and may employ
one (1) person in addition to persons residing in the residence.
5.29.3 Additional Provisions for Bed and Breakfast as a Home Occupation
a)
Where a bed and breakfast establishment is established as a home occupation,
the maximum number of guest rooms available shall be 3;
b)
Verification by a qualified person and applicable approval authority of adequate
supply of water and sewer/septic capacity.
5.30 HOME INDUSTRY
Home industries are categorized as Type 'A' and Type 'B' home industries. Home
industries Type 'A' and Type 'B' are permitted in the zones as indicated in this By-law
in accordance with the following:
a)
there is no external storage of goods or materials;
b)
there is no display, other than a sign of a maximum size of .55 square metres
(6 sq. ft.) to indicate to persons outside, that any part of the dwelling or
accessory building is being used for a purpose other than residential.
Furthermore, such a sign shall be set back a minimum of 3 metres (9.8 ft.)
from any lot line;
c)
the home industry is clearly secondary to the main residential use and does not
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change the residential character of the dwelling nor create or become a public
nuisance; in particular in regard to noise, noxious odours, emission of smoke,
traffic, or parking;
d)
the home industry does not interfere with television or radio reception;
e)
there are no goods, wares, or merchandise, publicly offered or exposed for sale
on the premises outside of any buildings;
f)
onsite parking is provided in accordance with Section 5.31; and
g)
not more than 25% of the gross floor area of the dwelling in addition to the
accessory structure is used for the purpose of home industries;
h)
Notwithstanding any provision to the contrary, a home industry is prohibited
on waterfront lots.
5.30.1 Additional Provisions for Type 'A' Home Industries
Type 'A' Home Industries shall include craft shops, woodworking, repair and service
shops and similar type uses and associated retail sales in accordance with the
following:
a)
any accessory structure used for a Type 'A' home industry shall not exceed 39
sq. metres (419.8 sq. ft.);
b)
not more than one (1) person not residing in the residence on the lot shall be
permitted.
5.30.2 Additional Provisions for Type 'B' Home Industries
Type 'B' Home Industries shall include craft shops, woodworking, light manufacturing,
repair and service shops and other similar type uses and associated retail sales in
accordance with the following:
a)
any accessory structure used for a Type 'B' home industry shall not exceed 93
sq. metres (800 sq. ft.);
b)
not more than two (2) persons not residing in the residence on the lot shall be
permitted;
c)
the minimum lot size for a Type 'B' home industry shall be 2 hectares (4.94
ac.).
d)
one commercial vehicle associated with the home industry is permitted.
5.31 OFF STREET PARKING PROVISION
For every building or structure to be erected for, altered for, or its use converted to
any of the uses specified in the following table, off-street parking facilities shall be
provided and maintained either on the same lot on which the principal use is located
or, where this is not possible, on a lot within 60 metres (196.9 ft.) of the lot on which
the principal use is located and in accordance with the following table and other
provisions contained in this subsection unless otherwise specifically provided.
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5.31.1 Minimum Parking Space Requirements
a) Residential
Two (2) spaces for every dwelling unit
b) Marina
One (1) space for every 2 docking berths
c) Senior Citizen Multiple Dwelling
i)
Up to 30 dwelling units, parking
spaces shall equal 50 percent of the
number of dwelling units
ii)
Between 30 and 60 units, parking
spaces shall equal 40 percent of the
number of dwelling units
d) Private or Public Hospital or Nursing
Home
One (1) space for every four (4) beds
e) Private
or
Commercial
Club
or
Recreational Establishment
One (1) space for every three (3) persons to
be accommodated in the design capacity of
the building
f) Funeral Home
One (1) space for every 3 chapel seating
spaces or fraction thereof with a minimum of
ten (10) spaces
g) Church
or
Place
of
Worship,
Community Hall, Arena
One (1) space for every three (3) persons to
be accommodated according to maximum
permitted capacity
h) Schools
One (1) space per classroom, and one space
for each ten (10) people of maximum design
capacity of the assembly hall or auditorium
i) Government or Public Utility Building
One (1) space for every twenty-three (23)
square metres (247.6 sq. ft.) of gross floor
area
j) Business or Professional Office
One (1) space for every twenty-three (23)
square metres (247.6 sq. ft.) of gross floor
area or where such use conflicts with the
office of a doctor or dentist, there shall be a
minimum of three (3) parking spaces
provided on the same lot
k) Hotel/Motel/Resort
One (1) space for every guest room and one
(1) space for every eight (8) square metres
(86.1 sq. ft.) of gross floor area devoted to
public use
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l) Boarding or Rooming House, Bed and
Breakfast or Tourist Home
One (1) space for each bedroom
m) Place of Assembly such as Halls,
Lodges, Labour Union Halls, Dance
Halls, Community Centres, Theatres
One (1) space for every three (3) persons of
maximum design capacity
n) Bowling
Lanes
and
Billiard
Establishments
One (1) space for every two (2) persons of
design capacity. Design capacity shall mean
six (6) persons per bowling lane and two (2)
persons per billiard table
o) Drive-In Restaurant or Take-Out
Restaurant
One (1) space for every ten (10) square
metres (107.6 sq. ft.) of gross floor area
p) Restaurant, Tavern, Banquet Hall,
Beverage Room, Lounge or Meeting
Areas, excluding a Drive-In or Take-
Out Restaurant
One (1) space for every four and one half
(4.5) square metres (48.4 sq. ft) of public
floor area or one (1) space for every four (4)
persons of design capacity, which is the
greater with a minimum of 10 spaces
q) Retail,
Wholesale
Sales,
Service
Establishment or Studio
One (1) space for every twenty-eight (28)
square metres (391.4 sq. ft) of gross floor
area
r) Retail Lumber and Building Supply
Outlet
One (1) space for every 28 square metres
(391.4 sq. ft) of retail floor space with a
minimum of 6 spaces
s) Automotive
Sales
Establishment
(New and Used)
A minimum of ten (10) spaces plus one (1)
space for every employee working on the
premises during the peak business period
t) Industrial Establishment
One (1) space for every thirty-seven (37)
square metres (398.3 sq. ft) of gross floor
area
u) Warehouse or Bulk Storage Yard
One (1) space for every employee working
on the premises during the peak business
period
v) Post Offices, Museums, Art Galleries
and Libraries
One (1) space for every forty-six (46) square
metres (495.2 sq. ft) or fraction thereof of
public floor area
w) Home Occupation or Home Industry
One (1) space for every eighteen (18)
square metres (193.8 sq. ft) of floor area
devoted to the use
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x) Uses Permitted by this By-Law other
than
Those
Listed
Above
but
Excluding Accessory Uses to Single
Detached -Dwellings
One (1) space for every twenty-eight (28)
square metres (301.4 sq. ft) of gross floor
area
5.31.2 Accessible Parking
a) In any zone, the required number of parking spaces shall include the provision of
accessible parking spaces in the minimum quantity specified below:
i)
Residential: Accessible parking spaces are provided at a rate of 4% of the
required parking spaces;
ii)
Residential Exception: Accessible parking is not required for single detached,
semi-detached, duplexes, triplexes, and row houses (townhouses) that do not
have a shared parking arrangement;
iii)
Commercial and residential: Accessible parking spaces are provided at a rate
of 4% of the required parking spaces;
iv)
Industrial: Accessible parking spaces are provided at a rate of 4% for the first
200 required parking spaces, included a minimum of one Type A (Van
Accessible) required accessible space, rounded up to the nearest whole
number. Equal numbers of Type A (Van Accessible) and Type B are required. If
an odd number is required, the additional space may be either type;
v)
Institutional: Accessible parking spaces are provided at a rate of 10% of the
required parking spaces;
vi)
All other uses: Accessible parking spaces are provided at a rate of 4% of the
required parking spaces;
vii)
When determining the required number of parking spaces in accordance with
the above provisions, any fraction derived from the calculation shall be rounded
up to the nearest whole number;
viii)
Where an even number of parking spaces for the use of persons with disabilities
are provided in accordance with the requirements of the zoning by-law, an
equal number of parking spaces that meet the requirements of Type A Parking
space and Type B Parking space must be provided; and
ix)
Where an odd number of parking spaces for the use of persons with disabilities
are provided in accordance with the zoning by-law, the number of parking
spaces must be divided equally between parking spaces that meet the
requirements of a Type A Parking space and a Type B Parking space, but the
additional parking space, the odd numbered space, may be a Type B Parking
Space.
b) The following regulations shall apply to accessible parking spaces:
i)
Type A (Van accessible) spaces shall have minimum rectangular dimensions of
3.4 metres width by 6.0 metres length and must have signage specifying that
they are van-accessible;
ii)
Type B spaces shall have minimum rectangular dimensions of 2.4 metres width
by 6.0 metres length;
iii)
An access aisle with minimum rectangular dimensions of 1.5 metres in width
and 6.0 metres in length and marker with a high tonal contrast diagonal lines
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is required adjacent to Type A and Type B accessible parking spaces. The access
aisle may be shared between spaces;
iv)
All accessible parking spaces shall be marked by an identifying marker on the
pavement consisting of the international symbol of access as a 1.5 metre by
1.5 metre white border and a symbol with a blue background field colour
centered on the parking stall;
v)
All accessible parking spaces shall be appropriately signed in accordance with
provincial regulation;
vi)
A minimum vertical clearance of 2.1 metres shall be provided at accessible
parking spaces, passenger loading zones and along routes to accessible parking
spaces;
vii)
Maximum running slope for a barrier free vehicle parking space shall be 1:8;
viii)
Accessible parking spaces shall be located and distributed in a manner that
provides substantially equivalent or greater accessibility in terms of distance
from an entrance or user convenience; and
ix)
Curb ramps, where required shall be provided to permit access from the parking
area to a sidewalk.
5.31.3 Handicap Parking
Handicap parking spaces shall be provided for all commercial uses listed in Section
5.31.1 at the rate of 1 space per 500 sq. metres (5,382.0 sq. ft.) with a minimum of
2 spaces. Handicap parking spaces should be a minimum of 3.5 metres (11.5 ft.) wide
and be located in close proximity to the entrance of the commercial establishment.
5.32 LOADING SPACE REQUIREMENTS
a)
No person shall erect or use any building or structure in any zone for any
commercial or industrial purpose involving the movement of goods unless
loading spaces are provided and maintained in accordance with the following
provisions:
i) 280 m2 (3,014 ft.2) - 930 m2
(10,010.8 ft.2)
1 space
ii) exceeding 930 m2 (10,010.8 ft.2)
2 loading spaces plus a minimum of
1 additional loading space for each
1400 square metres (15,070.0 sq.
ft.) or fraction thereof in excess of
930 m2 (10,010.8 ft.2).
b)
Each loading space shall be at least 9.0 metres (29.5 ft.) long, 3.5 metres (11.5
ft.) wide and have a vertical clearance of at least 4.0 metres (13.1 ft.).
c)
The required loading spaces shall be provided on the lot occupied by the
building or structure for which the said loading spaces are required and shall
not form a part of any street or lane.
d)
For any commercial or industrial use, no loading space or part thereof shall be
located and no land shall be used for loading purposes within 1.5 metres (4.9
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56
ft.) of any lot line, or within 3 metres (9.8 ft.) of any street line or boundary of
any residential zone or urban residential zone, or within 3 metres (9.8 ft.) of
the lot line of a residential use.
e)
Access to loading spaces shall be by means of a driveway at least 6 metres
(19.7 ft.) wide contained within the lot on which the spaces are located and
leading to a street or lane located within or adjoining the zone in which the use
is located.
f)
The driveways and loading spaces shall be maintained with a stable surface
which is treated so as to prevent the raising of dust or loose particles.
g)
The loading requirements referred to herein shall not apply to any building in
existence at the date of enactment of this By-law so long as the gross floor
area as it existed at the date is not increased. If an addition is made, then
additional loading spaces shall be provided up to the number required for such
addition.
5.33 GROUP HOMES
Group Homes are permitted within the Group Home Zone as established in this by-law
and are subject to the following requirements:
a)
A group home may be established in any zone in which there is a permitted
residential use as a principal use.
b)
The establishment or expansion of any type of group home shall be by
amendment to this by-law.
c)
Facilities lawfully existing on the date of passage of this by-law which meet
Provincial licensing standards but do not comply with the by-law regulations for
group homes as outlined in Section 26 of this by-law shall be permitted to
continue in operation.
d)
All group home facilities existing at the time of passage of this by-law shall be
permitted to expand their operation beyond that which existed on the date of
the passing of this by-law only by amendment to this by-law.
5.34 GARDEN SUITES
Notwithstanding the provisions of Section 5.5.3 of the By-law to the contrary, garden
suites shall be permitted subject to the following requirements;
a)
Must be located on the same lot as the principal residence;
b)
Is permitted only in conjunction with a single detached dwelling, duplex
dwelling and semi-detached dwelling uses and is identified as a permitted use
within the zone;
c)
the gross floor area of living space in such dwelling shall consist of a minimum
of 49 square metres (527.4 ft²) and a maximum of 65 square metres (699.7
ft²);
d)
the dwelling unit shall be a detached residential and shall have a private
entrance, kitchen facility, sanitary, living and sleeping area;
e)
the sanitary sewage disposal, water supply and electrical services for the
dwelling unit shall be derived from and connected to the services of the principal
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57
dwelling subject to the approval of the authorities responsible for the various
services;
f)
all of the provisions of the respective zones in which the garden suite is situated
shall be complied with in addition to the following special criteria:
Rear Yard (Minimum)
4.5 metres (14.8 ft)
Building Height (Maximum)
4.5 metres (14.8 ft)
Distance from the Principal Dwelling
(Maximum)
4.5 metres (14.8 ft)
g)
the owner/occupant of the principle dwelling and occupant of the garden suite
upon which lot the garden suite is situated enter into an agreement with the
municipality pursuant to the Municipal Act stating that the owner of the
detached dwelling and the occupant of the garden suite are related by blood or
marriage, the age of the occupant of the garden suite, that no other
individual(s) will occupy the garden suite and that the garden suite will be
removed when it is no longer needed;
h)
access from a public road to a garden suite shall be obtained by the driveway
serving the principal dwelling on the lot;
i)
a garden suite shall be located behind the principal dwelling house on the
property;
j)
the placement of a garden suite on a lot shall be subject to site plan control
pursuant to the Planning Act to ensure all servicing, buffering, parking, and
other issues are addressed;
k)
a temporary use zoning by-law is passed by Council in accordance with the
provisions of the Planning Act. The by-law shall be in place for a period not
exceeding ten (10) years.
5.35 AREAS OF INFLUENCE
No person shall erect any residential structure in any zone within 500 metres (1,640.4
ft.) of lands zoned MX - Mineral Extractive or MP - Mineral Preservation without the
approval of the Ministry of Natural Resources upon successful application for a minor
variance and provided the residential use is a permitted use on the adjacent lands
within the area of influence.
5.36 AGRICULTURE - MINIMUM DISTANCE SEPARATION
Notwithstanding any other provision of this by-law:
a)
Unless otherwise specified no residential, institutional, commercial, industrial,
or recreation use located on a separate lot and otherwise permitted by this by-
law, shall be established and no building or structure for such use shall be
erected or altered unless it complies with the Minimum Distance Separation
(MDS I) requirements applied in accordance with the MDS I Implementation
Guidelines;
b)
No livestock facility or manure storage facility shall be erected or expanded
unless it complies with the Minimum Distance Separation (MDS II)
requirements applied in accordance with the MDS II Implementation
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Guidelines;
c)
Where an existing use that was in compliance with the MDS provisions is
changed, the new use shall also be subject to MDS I or MDS II provisions,
whichever is applicable. For the purposes of this subsection, a change in the
type of livestock use houses is considered to be a change of use; and
d)
Where an existing building is destroyed in full or in part by a catastrophe and
is being reconstructed in the same located and same dimensions, then the
building or structure is exempt from MDS I or MDS II, whichever would be
applicable;]
e)
Existing Lots of Record with a lot area less than 1 hectare in area are exempt
from MDS I;
f)
Lands within the Urban and Hamlet land use designations of the Hastings
County Official Plan are exempt from the MDS I formula from existing facilities;
g)
Empty livestock facilities are exempt from MDS II calculations provided a
building permit is obtained to alter the facility so that they are no longer capable
of housing livestock or manure.
5.37 WATERTAKING PERMITS
All lands that are the subject of an application to the Ministry of the Environment for
a Permit to Take Water under the Ontario Water Resources Act RSO 1990, Chapter
0.40 and the Environmental Bill of Rights, Statutes of Ontario, 1993, Chapter 28, shall
be subject to an amendment to this by-law and shall be zoned to a special Open Space
Zone.
5.38 OPEN STORAGE
Open storage of goods or materials shall be permitted in those zones where permitted
only if the goods are accessory to a use permitted in the zones and in accordance with
other provisions of this by-law.
5.39 EXTERNAL DESIGN
The following building materials shall not be used for more than 5 percent of the
exterior vertical facing of any wall of any residential building within the municipality:
a)
building paper;
b)
asphalt roll-type siding;
c)
insulbrick.
5.40 HEIGHT EXCEPTIONS
Notwithstanding the height provisions herein contained, nothing in this by-law shall
apply to prevent the erection, alteration or use of the following accessory buildings or
structures provided the principal use is a use permitted within the zone in which it is
located: a church spire, belfry, flag pole, light standard, clock tower, chimney, water
tank, windmill, radio or television antenna, air conditioner duct, incidental equipment
required for processing and external equipment associated with internal building
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equipment.
5.41 ABANDONED EQUIPMENT
Unused and/or discarded motor vehicles, farm implements and similar abandoned
equipment shall not be located or stored in any zone in a location where they will be
visible from a street or road or from adjacent lots.
5.42 STORAGE AND PARKING OF MOTOR VEHICLES
No land in the municipality shall be used for the storage or parking of a derelict vehicle.
No land in the municipality shall be used for the parking of a motor vehicle which is
undergoing repairs unless:
a) such repairs are affected within an enclosed building; or
b) such repairs are completely affected within a period of not more than 72
consecutive hours and while the vehicle is parked upon a driveway or rear yard as
herein provided; or
c) such repairs are affected while the vehicle is parked in a location such that it is not
visible from any adjacent lands which are not occupied by the owner of the vehicle.
No land in the municipality shall be used for the outdoor storage of motor vehicle parts
unless such motor vehicle parts are stored in a location such that they are not visible
from any adjacent lands which are not occupied by the owner of such parts.
5.43 INTERIOR SIDE YARD
5.43.1 Marine facilities shall not be permitted to locate closer than 1.5 metres to any interior
side lot line.
5.43.2 Communal docks shall not be permitted to locate closer than 60 metres to any interior
side lot line adjacent to a residential zone.
5.44 OUTDOOR WOODBURNING FURNACES
An outdoor woodburning furnace shall be permitted to be located only within PA and
MA zones and shall comply with the following regulations:
Minimum setback from:
A lot line abutting a residential zone
100 metres (328 ft)
Any other lot line
60 metres (196.8 ft)
That no outdoor furnace shall be constructed or installed on a lot without the issuance
of a building permit for construction from the municipality. For the purposes of this
subsection, the term "construction" has the same meaning as set out in Section 1(1)
of the Building Code Act, S.O. 1992, c. 23 as amended.
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5.45 TRAVEL TRAILERS, MOTORIZED MOBILE HOMES, CAMPER TRAILERS, TRUCK
CAMPERS
5.45.1 The use of travel trailers, truck campers and camper trailers shall be prohibited in all
zones except for a Resort/Recreational Commercial Zone.
5.45.2 A maximum of one motorized mobile home, truck camper, travel trailer or camper
trailer shall be permitted to be parked or stored on a residential lot.
5.45.3 The use of any of the above mentioned or similar vehicles shall not be used for human
habitation, except in a Resort/Recreational Commercial Zone.
5.45.4 The above-named vehicles shall not be used in any zone for carrying on business.
5.46 MODULAR HOMES
5.46.1 A modular home shall be permitted in any residential zone, subject to the following:
a)
a building permit is required to erect a modular home;
b)
modular homes may be permitted, and are required to be placed on a
permanent foundation.
c)
servicing for modular homes must be approved by the appropriate authority.
5.46.2 In an agricultural zone:
a)
a modular/mobile home may be used as an accessory building to house a
maximum of six seasonal farm workers by the owner of the lands on which the
modular/mobile home is accessory. Such modular/mobile home shall be
located to the rear or side of the main building.
b)
such use of a modular/mobile home shall be permitted by passage of a
temporary use by-law by the municipality.
5.47 MOBILE HOMES
Mobile homes shall only be permitted in a Mobile Home Residential (MHR) Zone and in
the Permanent Agricultural (PA) Zone and Marginal Agricultural (MA) Zone as an
accessory dwelling to a permitted agricultural use.
5.48 FENCES
No fence exceeding a maximum height of 1.8 metres shall be erected except that on
a required front yard or exterior side yard, the maximum height shall be 1 metre.
Notwithstanding the above, a fence in excess of 1.8 metres in height may be erected
for a public use or where provincial/federal regulations require a fence to be erected
in excess of 1.8 metres.
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5.50 SIGNS
Signs shall only be permitted in accordance with the following:
a)
In "All Zones," the following signs shall be permitted:
i)
an authorized traffic sign or signal;
ii)
a public election list or other proclamation by government authority;
iii)
a "No Trespassing" sign or similar announcement or sign other than an
advertisement;
iv)
a sign incidental to construction on the premises and a non-illuminated
real estate sign not exceeding 0.5 square metres in area, advertising
the sale, rental or lease of any lot or premises;
v)
a nameplate not exceeding 0.2 square metres in area indicating the
name of the occupant of a dwelling on a lot;
vi)
in all zones which permit home occupations, a sign not exceeding .55
square metres (6 sq. ft.) shall be permitted for purposes of advertising
a home occupation;
vii)
in all zones which permit a home industry, a sign not exceeding .55
square metres (6 sq. ft.) shall be permitted for the purpose of
advertising a home industry.
b)
In all Industrial zones, the following signs shall be permitted:
i)
a maximum of two permanent business signs advertising or identifying
the industrial firm or uses on the lot, such signs shall be attached to a
building or located on a pilon or similar structure situated on the ground.
No pilon or similar structure shall be located closer than 2.5 metres to
any street line or lot line;
ii)
a non-illuminated sign not exceeding one square metre in area
advertising the sale of land.
c)
In a Community Facility (CF), Open Space (OS) and/or Environmental
Protection (EP) Zone, one or more signs or bulletin boards identifying the name
of the premises and indicating other information concerning the premises such
as traffic directional signs and parking area signs shall be permitted. Such
signs shall not exceed 0.5 square metres in aggregate area for each metre of
street line abutting the lot, and shall be attached to a building, or located on a
pilon or similar structure situated on the ground. No pilon or similar structure
shall be located closer than 2.5 metres to any street line or lot line.
d)
In a Permanent Agriculture or Marginal Agriculture zone, the following signs
shall be permitted:
i)
a temporary roadside sign may be located with the written approval of
the owner of the property and Council;
ii)
a non-illuminated sign not exceeding one (1) square metre in area
advertising the sale of the premises or of agricultural products raised or
produced on the premises.
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e)
In all Commercial zones, one or more business signs advertising businesses or
services lawfully conducted on the lot shall be permitted. Such signs shall not
exceed one (1) square metre in aggregate area for each metre of street line
abutting the lot. The signs shall be attached to the principal building and shall
not project more than two metres therefrom or shall be located on a pilon or
similar structure on the ground. No pilon or similar structure shall be located
closer than 2.5 metres to any street line. In addition, temporary roadside signs
may be located with the written approval of the owner of the property and
Council.
f)
Temporary Signs:
In addition to the above, one temporary sign shall be permitted on any non-
residential lot in the Township. Such sign shall be for the purpose of advertising
a special event and shall not be located on the lot for more than 30 consecutive
days.
5.51
CANNABIS PRODUCTION AND PROCESSING
Notwithstanding any other provision of this by-law, any Cannabis Production and
Processing shall be subject to the following provisions:
a)
No lands, building, structure or portion thereof used for Cannabis Production
and Processing purposes that is equipped with air treatment control situated in
the Urban Industrial (UI) Zone, or the Rural Industrial (RI) Zone may be located
closer to any Residential Zone, Community Facility Zone, Group Home Zone, or
Open Space Zone than 70 metres.
b)
No lands, building, structure of portion thereof for Cannabis Production and
Processing purposes that is equipped with air treatment control situated in an
agricultural zone, such as the Marginal Agricultural (MA) Zone or the Permanent
Agricultural (PA) Zone, may be located closer to any Residential Zone,
Community Facility Zone, Group Home Zone, or Open Space Zone than 150
metres.
c)
No lands, building, structure or portion thereof for Cannabis Production and
Processing purposes that is equipped with air treatment control situated in the
Urban Industrial (UI) Zone, or the Rural Industrial (RI) Zone may be located
closer to any dwelling, public school, private school, place of worship, or day
care nursery than 150 metres.
d)
No lands, building, structure or portion thereof used for Cannabis Production
and Processing purposes that is equipped with air treatment control situated in
an Agricultural Zone, such as the Marginal Agricultural (MA) Zone or the
Permanent Agricultural (PA) Zone shall be located closer to any dwelling, public
school, private school, place of worship or day care nursery than 150 metres.
e)
No lands, building, structure or portion thereof used for Cannabis Production
and Processing purposes that is not equipped with air treatment control situated
in any permitted zone may be located closer to any dwelling, public school,
private school, place of worship, or day care nursery more than 300 metres.
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f)
A building or structure used for security purposes for Cannabis Production and
Processing may be located in the required front yard and does not have to
comply with the required minimum front yard, side yard, and rear yard
setbacks.
g)
Outdoor storage is prohibited on the property in which the Cannabis Production
and Processing is located.
h)
Cannabis Production and Processing shall only be permitted within the zones as
explicitly indicated in a site-specific zoning by-law amendment.
i)
All development in relation to the establishment of or expansion of Cannabis
Production and Processing shall be subject to Site Plan Control.
5.53 FORESTRY AND LOGGING
Notwithstanding any provision to the contrary active commercial and industrial tree
harvesting and logging adjacent to watercourses and waterbodies shall maintain a
minimum 30 metre vegetated, naturalized setback from the shoreline for a waterbody
and top of bank for a watercourse.
5.54 GROUP HOME
Notwithstanding any provision to the contrary a group home is permitted in all zones
that permit a single detached dwelling accessed and serviced by a year-round publicly
maintained road.
5.55 WATERFRONT USE
The following shoreline uses will be permitted within 30 metres of the high-water mark
or floodplain subject to all applicable provisions of the Zoning By-Law:
a) Dock;
b) Boathouse; and
c) Boat launch.
It is prohibited to alter or remove the natural vegetation 30 metres adjacent to any
shoreline of a water feature except:
a)
25% of the shoreline frontage or up to 23 metres (75 feet), whichever is the
lesser, for linear shoreline residential development;
b)
35% of the shoreline frontage for tourist commercial and institutional
accommodation, waterfront contracting operations, and waterfront landings;
c)
50% of the shoreline frontage for marinas; and
d)
Where both b) and c) are present on a lot adjacent to a water feature the
aggregate percentage of the shoreline devoted to those uses shall be a
maximum of 75% of the shoreline frontage.
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5.56 REGULATIONS FOR DWELLINGS WITH COMMON PARTY WALLS
For the purpose of side yard, lot width, lot area and lot coverage the following dwelling
types with common party walls shall be considered as one building occupying one
building lot: semi-detached, two and four dwelling unit buildings, townhouse dwellings
and court apartments.
5.57 REGULATIONS FOR PITS AND QUARRIES
a) Location of Gravel Pits:
Notwithstanding any other provisions of this by-law to the contrary, no gravel
pit shall be established or made within 300 metres (984 feet) of any rear or
interior side lot line or portion thereof which abuts a Residential or Institutional
Zone.
b) Location of Stone Quarries:
Notwithstanding any other provisions of this by-law to the contrary, no stone
quarry shall be made or established within 500 metres (1640 feet) of any rear
or interior side lot line or portion thereof which abuts a Residential or
Institutional Zone.
c) Location of Wayside Pits and Quarries, Portable Asphalt Plants and Portable Concrete
Plants
Notwithstanding any other provisions or this by-law to the contrary, wayside
pits and quarries, portable asphalt plants and portable concrete plants used on
public authority contracts shall be permitted, without the need for an official
plan amendment, rezoning, or development permit under the Planning Act in
all areas, except those areas of existing development or particular
environmental sensitivity which have been determined to be incompatible with
extraction and associated activities.
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SECTION 6 - PA - PERMANENT AGRICULTURE ZONE
6.1
Within a PA - Permanent Agriculture Zone, no person shall use any land, erect, alter,
enlarge, use, or maintain any building or structure for any use other than as permitted
in this section and also such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
6.2
PERMITTED USES
1)
agricultural uses, including a livestock facility,
2)
conservation uses including forestry, reforestation and other activities
connected with the conservation of soil or wildlife,
3)
wood lots,
4)
outdoor recreational uses such as hiking and cross-country ski trails,
5)
wayside pits and quarries,
6)
a single detached dwelling,
7)
a bed and breakfast establishment,
8)
open space uses,
9)
a Type 'A' and Type 'B' home occupation, in accordance with the provisions of
Section 5.29 of this By-law,
10)
a Type 'A' and Type 'B' home industry, in accordance with the provisions of
Section 5.30 of this By-law,
11)
an agricultural produce sales outlet,
12)
a converted dwelling,
13)
an accessory building or use to the above uses including a single detached
dwelling as an accessory use to agriculture,
6.3
ZONE REGULATIONS
a)
For the Principal Building
Lot Area (Minimum)
18.2 hectares (45 acres)
Lot Frontage (Minimum)
100 metres (328.1 ft)
Building Height (Maximum)
45 metres (147.6 ft)
Agricultural Uses
45 metres (147.6 ft)
All Other Uses
11 metres (36.0 ft)
Front Yard, Exterior Side Yard, and Rear Yard
(Minimum)
20 metres (65.6 ft)
Interior Side Yard (Minimum)
5 metres (16.4 ft)
Off-Street parking shall be provided in accordance with Section 5.31
Livestock facilities shall be located in accordance with Section 5.36
b)
For Accessory Buildings Not Attached to the Principal Building
Rear Yard (Minimum)
3.0 metres (9.8 ft)
Interior Side Yard (Minimum)
3.0 metres (9.8 ft)
Exterior Side Yard (Minimum)
20 metres (65.6 ft)
Height (Maximum)
5 metres (16.41 ft)
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c)
Gross Floor Area
Single Detached Dwelling (Minimum)
55.7 m² (600 sq. ft)
Converted Dwelling
74.3 m² (800 sq. ft)
6.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the PA - Permanent Agriculture Zone.
6.5
SPECIAL PA - PERMANENT AGRICULTURE ZONES
6.5.1 PA-1 - Concession 3, Part Lot 1 - 47 Fargey Court
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-1
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) the number of livestock animal units shall be limited to a maximum of six horses.
All other provisions of this by-law shall apply.
6.5.2 PA-2 - Concession 4, Part Lot 18 - 550 Barrett Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-2
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) the number of livestock animal units shall be limited to a maximum of six.
2) the front yard setback shall be reduced on the existing house and barn to permit
the disposal of a surplus dwelling.
All other provisions of this by-law shall apply.
6.5.3 PA-2 - Concession 7, Part Lot 5 - 727 Sarles Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-2
and shown
on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) a single-family dwelling on 2.2 acres
2) restrict residential development on the remaining PA zone.
All other provisions of this by-law shall apply.
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6.5.4 PA-3 - Concession 3, Part Lot 20 - Hoards Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-3
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) creation of a retirement lot containing an existing house, garage, and outbuilding.
2) the number of livestock animal units should be limited to a maximum of 6.
All other provisions of this by-law shall apply.
6.5.5 PA-4 - Concession 4, Part Lots 12 & 13 - Stirling Marmora Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-4
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) restrict residential development and recognize reduced lot size in the PA zone.
All other provisions of this by-law shall apply.
6.5.6 PA-5 - Concession 3, Part Lot 14 - 145 Mount Pleasant Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-5
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) reduce the lot size in a Permanent Agricultural zone
All other provisions of this by-law shall apply.
6.5.7 PA-6 - Concession 2, Part Lot 4 - 35 McInroy Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-6
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) Permit a retail equestrian tack shop
2) reduce the lot size to approximately 13 acres
All other provisions of this by-law shall apply.
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6.5.8 PA-7 - Concession 2, Part Lot 3 - 1084 Ridge Road
Notwithstanding any provision of this by-law to the contrary, on lands zoned PA-7 and
shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) to reduce the lot size to approximately 159.3 acres
2) to prohibit future construction of any new residential dwelling
EPW zone to remain.
All other provisions of this by-law shall apply.
6.5.9 PA-8 - Concession 2, Part Lots 7 & 8 - Demorest Road
Notwithstanding any provision of this by-law to the contrary, on lands zoned PA-8 and
shown on Schedule 'D' attached; the following special provisions shall apply:
Zone Provisions
1) to prohibit the future construction of any new residential dwelling on the remaining
approximately 85.7+ acres
2) EP Zone to remain.
All other provisions of this by-law shall apply.
6.5.10 PA-9 - Concession 9, Part Lot 24 - Springbrook Road - REPEALED 1463-21
Notwithstanding any provision of this by-law to the contrary, on lands zoned PA-9 and
shown on Schedule 'A' attached; the following special provisions shall apply:
Zone Provisions
1) to recognize the reduced lot size to approximately 40.6+ acres
All other provisions of this by-law shall apply.
6.5.11 PA-10 - Concession 7, Part Lot 4 - Sarles Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-10
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) to permit the use of a low visitation cemetery
2) to prohibit the use of a church or other congregational structure
3) designate the parcel a Type 'A' land use for the purpose of MDS guidelines
All other provisions of this by-law shall apply.
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6.5.12 PA-11 - Concession 6, Part Lot 16 - Wellmans Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-11
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) to exclude/prohibit residential uses on approximately 48.8 acres
All other provisions of this by-law shall apply.
6.5.13 PA-12 - Concession 3, Part Lot 19 - Wellmans Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-12
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) approximately 95.3 acres to permit agriculture and agriculture-related uses only
while prohibiting residential uses
All other provisions of this by-law shall apply.
6.5.14 PA-13 - Concession 1, Part Lot 15 - 406 Hoards Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-13
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) to prohibit residential uses
2) to recognize a reduced lot size of 32 acres
This proposal will permit the disposal of a surplus dwelling for a bona fide farmer.
All other provisions of this by-law shall apply.
6.5.15 PA-14 - Concession 5, Part Lot 8 - 536 Salem Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-14
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) to recognize a lot area of 6.3 acres
2) to recognize agricultural uses including sales from greenhouse operations,
nursery, and chicken coop.
3) to prohibit the keeping of livestock other than the existing chicken coop
All other provisions of this by-law shall apply.
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6.5.16 PA-15 - Concession 8, Part Lot 12 - Cooke Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-15
and shown on Schedule 'B' attached, the following special provisions shall apply:
Zone Provisions
1) to exclude/prohibit residential uses on approximately 113 acres
All other provisions of this by-law shall apply.
6.5.17 PA-16 - Part Lot 6, Concession 10 - REPEALED - 1463-21
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-16
and shown on Schedule 'B' attached, the following special provisions shall apply:
Zone Provisions
1) to recognize the location of existing buildings
All other provisions of this by-law shall apply.
6.5.18 PA-17 - Concession 1, Part Lot 9 - 253 Ridge Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-17
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) to exclude/prohibit residential uses
All other provisions of this by-law shall apply.
6.5.19 PA-18 - Concession 2, Part Lot 21 - Spencer Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-18
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 24.6 acres:
1) to prohibit residential uses
2) to recognize the resultant side yard of 3.1 metres for the accessory structure
located to the rear lot line on the severed lot
All other provisions of this by-law shall apply.
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6.5.20 PA-19 - Concession 7, Part Lot 14 and 15 - Hoover Road - REPEALED -
1463-21
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-19
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 178 acres:
1) to prohibit residential uses
All other provisions of this by-law shall apply.
6.5.21 PA-20 - Concession 6, Part Lot 9 - 383 Salem Road - REPEALED 1463-21
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-20
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 49 acres:
1) to prohibit residential uses
All other provisions of this by-law shall apply.
6.5.22 PA-21 - Concession 3, Part Lot 4 - McInroy Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-21
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 67+ acres:
1) to prohibit residential uses
All other provisions of this by-law shall apply.
6.5.23 PA-22 - Concession 6, Part Lot 16 - Wellmans Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-22
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 34 acres:
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1) to prohibit residential uses
All other provisions of this by-law shall apply.
6.5.24 PA-23 - Concession 11, Part Lot 23 - REPEALED 1463-21
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-23
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 98.6 acres:
1) to prohibit residential uses
All other provisions of this by-law shall apply.
6.5.25 PA-23 - Concession 11, Part Lot 23 - REPEALED 1463-21
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-23
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 98.6 acres:
1) to reflect the change in the Official Plan designation from Agricultural to Rural
2) to permit a residential use on the said property
All other provisions of this by-law shall apply.
6.5.26 PA-24- Concession 1, Part Lot 18 - Merrick Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-24
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 73 acres:
1) to prohibit residential uses
All other provisions of this by-law shall apply.
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6.5.27 PA-25 - Concession 10, Part Lot 19 - 3336 Springbrook Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-25
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
The following provisions apply to approximately 145 acres:
1) to prohibit residential uses
All other provisions of this by-law shall apply.
6.5.28 PA-26 - Concession 7, Part Lot 22 & 23 - 1104/1106 Hoover Road
Notwithstanding any provision of By-Law No. 320-03, as amended, to the contrary, on
lands zoned Permanent Agriculture-26-holding (PA-26), the following special
provisions shall apply:
Permitted Uses:
The following shall be a permitted use, in addition to all uses permitted in the typical
Permanent Agriculture (PA) Zone:
1)
CANNABIS PRODUCTION FACILITY
Special Provisions Applicable to CANNABIS PRODUCTION FACILITY Only
i)
Gross Floor Area (Maximum) of all structures - 1096m²
ii)
Gross Floor Area for CANNABIS CULTIVATION - 650m²
iii)
Front Yard (minimum) - 250m
iv)
Interior Side Yard (minimum) - 300m
v)
Rear Yard (minimum) - 300m
vi)
The holding provision (-h) shall be removed once the operator has secured all
required provincial and Federal approvals/licenses associated with the
production of cannabis, and has entered into a site plan agreement with the
Township.
All other provisions of this by-law shall apply.
By-law 35-25 removed the Holding provision on this property.
6.5.29 PA-27 - Concession 10, Part Lot 21 - 386 Sweet Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-27
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
1) To prohibit residential uses
2) To recognize the reduced road frontage
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All other provisions of this by-law shall apply.
6.5.30 PA-28 - Concession 3, Part Lot 2 - Fargey Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-28
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 45.7 acres:
1) To recognize the reduced frontage
All other provisions of this by-law shall apply.
6.5.31 PA-29 - Concession 7, Part Lot 19 - 738 Hoover Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-29
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
The following provisions apply to approximately 137 acres:
1) To prohibit residential uses
All other provisions of this by-law shall apply.
6.5.32 PA-30 - Concession 9, Part Lot 11 - 2311 Springbrook Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-30
and shown on Schedule 'B' attached, the following special provisions shall apply:
Zone Provisions
1) To recognize the second dwelling unit
2) To recognize the deficient front yard setback of the existing single detached
dwelling
All other provisions of this by-law shall apply.
6.5.33 PA-31- Concession 7, Part Lot 7 - Sarles Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-31
and shown on Schedule 'B' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 44+ acres:
1) To prohibit residential uses
2) To prohibit the existing barn on the property from housing livestock
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All other provisions of this by-law shall apply.
6.5.34 PA-32 - Concession 3, Part Lot 17 - Mount Pleasant Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-32
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1)
To prohibit residential uses
All other provisions of this by-law shall apply.
6.5.35 PA-33 - Concession 3, Part Lot 5 - 158 McGee Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-33
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To permit the operation of a Registered Motor Vehicle Licensing Station
All other provisions of this by-law shall apply.
6.5.36 PA-34 - Concession 2, Part Lot 5 - 1282 Salem Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-34
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To prohibit residential uses
All other provisions of this by-law shall apply.
6.5.37 PA-35 - Concession 10, Part Lot 23 - 3804 Springbrook Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-35
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
1) To permit the construction of a third dwelling
All other provisions of this by-law shall apply.
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6.5.38 PA-36 - Plan 38, Part Lots 5&6, corner of Demorest & Edward Street
Notwithstanding any provision of this by-law to the contrary, on lands zoned PA-36
and shown on Schedule 'E' and 'D' attached, the following special provisions shall
apply:
Zone Provisions
1) To recognize a reduced area and frontage.
All other provisions of this by-law shall apply.
6.5.39 PA-38 - Concession 10, Part Lot 22 - 3684 Springbrook Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-38
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
1) To prohibit residential uses
All other provisions of this by-law shall apply.
6.5.40 PA-39 - Concession 5, Part Lot 5 - 866 Salem Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-39
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To prohibit residential uses
All other provisions of this by-law shall apply.
6.5.41 PA-40 - Concession 5, Part Lots 18 & 19 - 995-1057 Wellmans Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-40
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) To prohibit new residential uses.
All other provisions of this by-law shall apply.
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6.5.42 PA-41 - Concession 6, Part Lot 21 - 472 Maple Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-41
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) To prohibit residential uses on retained land
2) To prohibit existing buildings to be used to house livestock on retained land
All other provisions of this by-law shall apply.
6.5.43 PA-42 - Concession 6, Part Lot 2 - 1281 Salem Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-42
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To prohibit residential uses on the property
All other provisions of this by-law shall apply.
6.5.44 PA-43 - Concession 6, Part Lot 9 - 405 & 445 Salem Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-43
and shown on Schedule 'B' attached, the following special provisions shall apply:
Zone Provisions
1) To prohibit residential uses on the property
2) To prohibit the use, raising and housing of livestock in existing buildings
All other provisions of this by-law shall apply.
6.5.45 PA-44 - Concession 4, Part Lot 17 - 567 Kings Mill Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-44
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) to prohibit residential uses
2) to prohibit the existing buildings from being used for livestock.
All other provisions of this by-law shall apply.
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6.5.46 PA-45 - Concession 9, part Lots 20 & 21 - 442 Gospel Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-45
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
1) To prohibit any new residential uses
2) To prohibit the expansion of any existing residential uses
3) To prohibit the use of the raising and housing of livestock in existing buildings
4) To recognize the existing dwelling
All other provisions of this by-law shall apply.
6.5.47 PA-46 - Concession 6 North, Part Lot 7 - 502 Sarles Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-46
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To recognize the undersized lot area
All other provisions of this by-law shall apply.
6.5.48 PA-47 - Concession 2, Part Lot 16 - 406 Hoards Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-47
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) To permit the operation of a Motor Vehicle Inspection Station for personal use only
All other provisions of this by-law shall apply.
6.5.49 PA-48 - Concession 6, Part Lot 5 - 726 Sarles Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-48
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
1) To recognize the deficient lot area.
All other provisions of this by-law shall apply.
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6.5.50 PA-49 - Plan 38, Lots 39 & 40, Part of Lots 29, 30, & 41 - Sutherland Rd.
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-49
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) Lot Area (Minimum - existing): 4.86 hectares (12 acres)
All other provisions of this by-law shall apply.
6.5.51 PA-50 - Concession 6E, Part Lot 10 - 327 Salem Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-50
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) To permit an on farm diversified use in the form of agritourism, the extent of which
includes utilizing seasonal tents for the short term accommodation of the public.
Maximum number of tents:
5
Maximum number of guests:
15
Number of Required Parking Spaces:
1 (one) space for each tent
All other provisions of this by-law shall apply.
6.5.52 PA-51 - Concession 2, Part Lot 1, 1348 Ridge Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-51
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To prohibit residential uses
All other provisions of this by-law shall apply.
6.5.53 PA-52 - Concession 2, Part Lot 22 - 281 Spencer Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned PA-52
and shown on Schedule 'C' attached, the following special provisions shall apply:
1) To prohibit new residential development
All other provisions shall apply.
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SECTION 7 - MA - MARGINAL AGRICULTURE ZONE
7.1
Within a MA - Marginal Agriculture Zone, no person shall use any land, erect, alter,
enlarge, use, or maintain any building or structure for any use other than as permitted
in this section and such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
7.2
PERMITTED USES
1)
agricultural uses, including a livestock facility,
2)
conservation uses, including forestry, reforestation and other activities
connected with the conservation of soil or wildlife,
3)
wood lots,
4)
wayside pits and quarries,
5)
open space uses,
6)
a private kennel,
7)
an apiary,
8)
a fur farm,
9)
a riding club or boarding stable,
10)
a nursery/garden centre/greenhouse,
11)
a golf course,
12)
passive recreational outdoor uses,
13)
a warehouse,
14)
a grain drying facility,
15)
a livestock assembly area or a livestock exchange,
16)
a hunt camp,
17)
a single detached dwelling,
18)
a bed and breakfast establishment,
19)
a research facility,
20)
an agricultural produce sales outlet,
21)
an accessory building or use to the above uses, including a single detached
dwelling as an accessory use to agriculture,
22)
a Type 'A' and Type 'B' home occupation, in accordance with the provisions of
Section 5.29 of this By-law,
23)
a Type 'A' and Type 'B' home industry, in accordance with the provisions of
Section 5.30 of this By-law,
24)
logging.
25)
a converted dwelling.
7.3
ZONE REGULATIONS
a)
For the Principal Building
Lot Area (Minimum)
6 hectares (15 acres)
Lot Frontage (Minimum)
60 metres (196.9 ft)
Building Height (Maximum)
i) Agricultural Uses
ii) All other Uses
45 metres (147.6 ft)
11 metres (36.0 ft)
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Front Yard and Exterior Side Yard (Minimum)
20 metres (65.6 ft)
Interior Side Yard (Minimum)
5 metres (16.4 ft)
Rear Yard (Minimum)
20 metres (65.6 ft)
No building or structure used for the housing, training, or care of animals in
conjunction with a kennel as defined in this by-law, shall be located less
than 150 metres (492.1 ft) from a residential zone or existing use
Off Street Parking shall be provided in accordance with Section 5.31
Livestock facilities shall be located in accordance with Section 5.36
b)
Gross Floor Area
Single Detached Dwelling (Minimum)
55.7 m² (600 sq. ft)
Converted Dwelling
74.3 m² (800 sq. ft)
c)
For Accessory Buildings Not Attached to the Principal Building
Rear Yard (Minimum)
3.0 metres (9.8 ft)
Interior Side Yard (Minimum)
3.0 metres (9.8 ft)
Exterior Side Yard (Minimum)
20 metres (65.6 ft)
Height (Maximum)
5 metres (16.41 ft)
d)
For Hunt Camps
Notwithstanding other provisions of this by-law, hunt camps shall be subject to
the following special provisions in addition to all other applicable provisions of
this by-law:
Lot Area (Minimum)
40.5 hectares (100
acres)
The minimum distance of buildings or structures from a residential zone
shall be 200 metres (656.2 ft)
A building permit shall be required for any buildings or structures on the
site
New hunt camps shall not be permitted to establish on a public road
No shooting shall be permitted within 100 metres (328.1 ft) of a public or
private road
The building inspector shall decide if buildings or structures on the site are
fit for human occupancy. Cottage standards as outlined in the Ontario
Building Code may be applied.
e)
For Logging Operations
Notwithstanding other provisions of this by-law, no logging operation shall be
permitted within:
i)
600 metres (1,968.5 ft.) of settlement areas or urban areas;
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ii)
120 metres (393.7 ft.) of an area zoned Open Space;
iii)
120 metres (393.7 ft.) from the highwater mark of any lake, river, or
stream, except an intermittent stream;
iv)
120 metres (393.7 ft.) from the boundary of a Provincial Highway;
v)
23 metres (75.5 ft.) from the boundary of a Township Road;
vi)
30 metres (98.4 ft.) from a residence on an adjacent property.
but nothing in this by-law shall prevent the selective cutting, as defined in this
by-law, of mature timber within such distances.
7.4
GENERAL PROVISIONS
All special provisions of Section 5"General Provisions" shall apply, where applicable, to
any land, lot, building, structure or use within the MA - Marginal Agriculture Zone.
7.5
SPECIAL MA - MARGINAL AGRICULTURE ZONES
7.5.1 MA-1 - Concession 7, Part Lot 24 - Harold Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MA-1
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1)
the zone shall allow for a small hobby farm
2)
the zone will reduce the lot size in a Marginal Agricultural Zone
Note: Environmental Protection zone to remain.
All other provisions of this by-law shall apply.
7.5.2 MA-2 - Concession 11, Part Lot 11 & 12 - Bateman Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MA-2
and shown on Schedule 'B' attached, the following special provisions shall apply:
Zone Provisions
1)
the zone will reduce the lot frontage of 95' in a Marginal Agricultural zone.
All other provisions of this by-law shall apply.
7.5.3 MA-3 - Concession 13, Part Lot 2 - 233 Storms Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MA-3
and shown on Schedule 'B' attached, the following special provisions shall apply:
Zone Provisions
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1) the zone will recognize a reduced lot size in a Marginal Agricultural zone
All other provisions of this by-law shall apply.
7.5.4 MA-4 - Concession 12, Part Lot 15 - 289 Huff Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MA-4
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
1) the zone will recognize a reduced lot size of approximately 7.5 acres
All other provisions of this by-law shall apply.
7.5.5 MA-5 - Concession 2, Part Lot 6 - 329 Goods Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MA-5
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) Approximately 7.8+ acres to the resultant lot area that is less than the
requirements of the zoning by-law
EP zone to remain.
All other provisions of this by-law shall apply.
7.5.6 MA-6 - Concession 13, Part Lot 5 - 583 Storms Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MA-6
and shown on Schedule 'B' attached, the following special provisions shall apply:
Zone Provisions
1) To recognize the reduced lot size of approximately 10+ acres.
All other provisions of this by-law shall apply.
7.5.7 MA-7 - Concession 10, Part Lots 9 & 10 - Bateman Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MA-7
and shown on Schedule 'B' attached, the following special provisions shall apply:
Zone Provisions
1) A new house to meet Minimum Distance Separation (MDS)(220m) from the
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existing barn at 349 Bateman Road.
All other provisions of this by-law shall apply.
7.5.8 MA-8 - Concession 7, Part Lot 6 - 732 Cooke Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MA-8
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To recognize the reduced lot size - one lot approximately nine acres and the
other approximately ten acres.
EP zone to remain.
All other provisions of this by-law shall apply.
7.5.9 MA-9 - Concession 7, Part Lot 3 - Cooke Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MA-9
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To recognize the existing accessory structure in the front yard
2) To permit the existing front yard setback of the existing structure
All other provisions of this by-law shall apply.
7.5.10 MA-10 - Concession 12 & 13, Part Lot 21 & 22 - St. Marks Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MA-10
and shown on Schedule 'A' and 'B' attached, the following special provisions shall
apply:
Zone Provisions
1) To reflect the change in the Official Plan designation from Agricultural to Rural
2) To recognize deficient frontage on St. Mark's Road
All other provisions of this by-law shall apply.
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7.5.11 MA-11 - Concession 8, Part Lot 5 - 863 Cooke Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MA-11
and shown on Schedule 'B' attached, the following special provisions shall apply:
Zone Provisions
1) To allow an exception to section 5.23 of the comprehensive zoning by-law (No.
320-03)
2) To permit the installation of a maximum of three (3) pre-fabricated (8' x 40')
buildings to be used in a hydroponic grow-operation for vegetables
3) To reflect the change in the Official Plan designation from Agricultural to Rural
All other provisions of this by-law shall apply.
7.5.12 MA-12 - Concession 10, Part Lot 14 - 2770 Springbrook Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MA-12
and shown on Schedule "A" attached, the following special provisions shall apply:
Zone Provisions
1) To recognize the reduced lot area
2) To prohibit the use of the barn for housing livestock
All other provisions of this by-law shall apply.
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SECTION 8 - RR - RURAL RESIDENTIAL ZONE
8.1
Within a RR - Rural Residential Zone, no person shall use any land, erect, alter,
enlarge, use, or maintain any building or structure for any use other than as permitted
in this section and such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
8.2
PERMITTED USES
1)
a single detached dwelling,
2)
an accessory building or use,
3)
a Type 'A' or Type 'B' Home Occupation in accordance with the provisions of
Section 5.29 of this By-law,
4)
a Type 'A' Home Industry in accordance with the provisions of Section 5.30 of
this By-law,
5)
a bed and breakfast establishment.
8.3
ZONE REGULATIONS
a)
For Single Detached Dwellings
Lot Area (Minimum)
4000 m² (43,057.1 ft²)
Lot Frontage (Minimum)
46 metres (151.9 ft)
Front Yard (Minimum)
20 metres (65.6 ft)
Rear Yard (Minimum)
10 metres (32.8 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
20 metres (65.6 ft)
Lot Coverage (Maximum)
30 percent
Building Height (Maximum)
11 metres (36.1 ft)
Off Street Parking shall be provided in accordance with Section 5.31
Gross Floor Area (Minimum)
55.7 m² (600 sq. ft)
b)
For Accessory Buildings Not Attached to The Principal Building
Rear Yard (Minimum)
3 metres (9.8 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
3 metres (9.8 ft)
Height (Maximum)
5 metres (16.41 ft)
8.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the RR - Rural Residential Zone.
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8.5
SPECIAL RR - RURAL RESIDENTIAL ZONES
8.5.1 RR-1 - Concession 5, Part Lot 11 - 132 Salem Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-1
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) the zone shall permit an accessory dwelling unit within a single detached dwelling.
All other provisions of this by-law shall apply.
8.5.2 RR-2 - Concession 3, Part Lot 13 - 117 Mount Pleasant Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-2
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) to recognize an existing single-family dwelling on an expanded lot having less
than the required minimum lot area and front yard depth
All other provisions of this by-law shall apply.
8.5.3 RR-3 - 282 Edward Street
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-3
and shown on Schedule 'E' attached, the following special provisions shall apply:
Zone Provisions
1) A Senior Citizen Lodge with a maximum of four (4) guest rooms to be occupied
by not more than five (5) residents.
All other provisions of this by-law shall apply.
8.5.4 RR-4 - Concession 2, Part Lot 6 - Evergreen Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-4
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) Approximately 1+ acres to establish development setback a minimum of 200'
from the high-water mark of Rawdon Creek
All other provisions of this by-law shall apply.
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8.5.5 RR-5-h - Stonewall Heights (Pierce) Subdivision
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-5
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) Reduced lot frontage
All other provisions of this by-law shall apply.
8.5.6 RR-6-h - Stonewall Heights (Pierce) Subdivision, Lot 10
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-6
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) Reduced lot frontage and to prohibit development (including private septic
systems within a Wellhead Protection Areas (WHPA) 'D' and 'E' as identified in the
Trent Coalition Assessment Report as approved by the Ministry of the
Environment on October 6 2011.
All other provisions of this by-law shall apply
8.5.7 RR-7 - Concession 3, Part Lot 1 - 23 Fargey Court
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-7
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) Establish a minimum lot area of 5.5 acres
All other provisions of this by-law shall apply.
8.5.8 RR-8 - Concession 3, Part Lot 19 - 1732 Wellmans Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-8
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) To recognize an existing single-family dwelling
2) Establish a minimum lot area of 2.7+ acres
3) To permit a Type B Home Industry with a maximum size of 1100 square feet, to
be operated as an automobile repair shop
4) This proposal will permit the disposal of a surplus dwelling for a bona fide farmer
All other provisions of this by-law shall apply.
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8.5.9 RR-9 - Concession 1, Part Lot 15 - 333 Hoards Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-9
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) To establish a minimum lot area of 2.5 acres
All other provisions of this by-law shall apply.
8.5.10 RR-10 - Concession 5, Part Lot 3 - 1082 & 1102 Salem Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-10
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To establish a minimum setback of 150 metres from the "Hagerman Pit"
2) To establish a minimum setback of 150 metres from the esker located on the
retained lot (as detailed in the David Mullett report, dated July 16, 2014)
All other provisions of this by-law shall apply.
8.5.11 RR-11 - Concession 1, Part Lot 9 - 323 Ridge Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-11
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To prohibit the keeping of livestock
All other provisions of this by-law shall apply.
8.5.12 RR-12 - Concession 2, Part Lot 21 - 182 Spencer Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-12
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 1.4 acres:
1) To prohibit the keeping of livestock
2) To recognize the resultant front yard depth of 4.5 metres (or as required as a
result of road widening)
All other provisions of this by-law shall apply.
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8.5.13 RR-13 - Concession 7, Part Lot 14 & 15 - 222 Hoover Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-13
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 1.5 acres:
1) To recognize an existing single-family dwelling with a front yard setback of 60.66
feet
All other provisions of this by-law shall apply.
8.5.14 RR-14 - Concession 11, Part Lot 23 - 179 Sweet Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-14
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
The following zone provisions apply to approximately 1.4+ acres:
1) To recognize an existing single-family dwelling and an existing accessory building
in the front yard having a front yard depth of 0'
All other provisions of this by-law shall apply.
8.5.15 RR-15 - Concession 13, Part Lots 1 & 2 - 969 Bronson Rapids Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-15
and shown on Schedule 'B' attached, the following special provisions shall apply:
Zone Provisions
1) To recognize a setback of 120 metres from the Bend Bay Valley Life Sciences
Area of Significant Natural or Scientific Interest (ANSI)
All other provisions of this by-law shall apply.
8.5.16 RR-16 - Concession 4, Part Lot 2 - 552 Hollowview Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-16
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) Approximately 1+ acre to permit a single-family residential building lot with an
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established building envelope that is appropriately setback from the intersection
of Hollowview and Hagerman Roads.
All other provisions of this by-law shall apply
8.5.17 RR-17 - Concession 6, Part Lot 16 - 460 Wellmans Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-17
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) To prohibit the keeping of livestock on approximately 0.89 hectares (1.2 acres).
All other provisions of this by-law shall apply.
8.5.18 RR-18 - Concession 1, Part Lot 1 - 1067 Tuftsville Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-18
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To recognize a Minimum Distance Separation (MDS) setback of 500 feet
All other provisions of this by-law shall apply.
8.5.19 RR-19 - Concession 8, Part Lots 23 & 24 - 2104 Wingfield Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-19
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) To prevent development of structures and the septic system within the 120 metre
setback of the Rylstone Provincially Significant Wetland.
All other provisions of this by-law shall apply.
8.5.20 RR-20 - Concession 2, Part Lot 16 - 476 Hoards Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-20
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) To permit the operation of Stirling GellyBall, pursuant to a vegetative buffer
being installed on the east side of the property.
All other provisions of this by-law shall apply.
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8.5.21 RR-21 - Concession 1, Part Lot 1 - 1067 Tuftsville Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-21
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To recognize a Minimum Distance Separation (MDS) of 500 feet
2) To recognize the existing accessory building (workshop) ahead of the
construction of a primary dwelling
All other provisions of this by-law shall apply.
8.5.22 RR-22 - Concession 9, Part lot 19 - 3327 Springbrook Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-22
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
1) To permit the operation of a Custom Quality Bottling Business
2) To include a maximum of four (4) commercial vehicles
3) To recognize the increased square footage of an accessory building for a Type B
Home Industry to a maximum of 2,800 square feet
All other provisions of this by-law shall apply.
8.5.23 RR-23 - Concession 6 Part Lot 9 - 445 Salem Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-23
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) To recognize the existing dwelling
2) To recognize the deficient front yard setback
All other provisions of this by-law shall apply.
8.5.24 RR-24 - Concession 2, Part Lot 22 - 1348 Ridge Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-24
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) To recognize a surplus dwelling
2) To recognize existing deficiencies
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3) To recognize the existing detached garage located in the front yard with a
deficient front yard setback.
All other provisions of this by-law shall apply.
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SECTION 9 - LSR - LIMITED-SERVICE RESIDENTIAL ZONE
9.1
Within a LSR - Limited-Service Residential Zone, no person shall use any land, erect,
alter, enlarge, use, or maintain any building or structure for any use other than as
permitted in this section and such use, building or structure shall be in accordance
with the regulations contained or referred to in this section.
In a Limited-Service Residential Zone, there is no commitment or requirement by the
municipality to assume responsibility for ownership or maintenance of any private
road. Due to road conditions of privately maintained roads, there is no commitment
or requirement by the municipality to ensure that emergency vehicles are able to
access privately owned roads. The intent of the Limited-Service Residential Zone is to
recognize residential development on private roads.
9.2
PERMITTED USES
1)
a seasonal dwelling,
2)
a single detached dwelling,
3)
an accessory building or use, including one sleeping cabin,
4)
a Type 'A' home occupation, in accordance with the provisions of Section 5.29
of this By-law.
9.3
ZONE REGULATIONS
a)
For the Principal Building
Lot Area (Minimum)
8000 m² (86,114 sq. ft)
Lot Frontage on a Private Road and/or
Navigable Waterway (Minimum)
46 metres (150.1 ft)
Front Yard (Minimum)
10 metres (32.8 ft)
Rear Yard (Minimum)
10 metres (32.8 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
10 metres (32.8 ft)
Lot Coverage (Maximum)
20 percent
Building Height (Maximum)
11 metres (36.1 ft)
Off Street Parking shall be provided in accordance with Section 5.31
Gross Floor Area Single Detached Dwelling
(Minimum)
55.7 m² (600 sq. ft)
Gross Floor Area Seasonal Dwelling
(Minimum)
55.7 m² (600 sq. ft)
b)
For Accessory Buildings Not Attached to The Principal Building
Rear Yard (Minimum)
3 metres (9.8 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
3 metres (9.8 ft)
Building Height (Maximum)
5 metres (16.41 ft)
Gross Floor Area: Sleeping Cabin
Only (Maximum)
23 sq. metres (247.6 sq. ft)
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c)
Vegetative Buffer Adjacent to The Shoreline
i)
a natural vegetative buffer strip 30 metres in width shall be maintained.
9.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot building, structure or use within the LSR - Limited-Service Residential
Zone.
9.5
SPECIAL LSR - LIMITED-SERVICE RESIDENTIAL ZONES
9.5.1 LSR-1 - Concession 14, Part Lot 19 & 20 - 63 Harmony Lane
Notwithstanding any provisions of this by-law to the contrary, on lands zoned LSR-1
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
1) to reflect the resulting lot area and frontage to ensure the lands will be considered
one lot
All other provisions of this by-law shall apply.
9.5.2 LSR-2 - Concession 14, Part Lot 19 & 20 - 55 Harmony Lane
Notwithstanding any provisions of this by-law to the contrary, on lands zoned LSR-2
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
2) To recognize the lot frontage of 100 ft and a lot area of 0.4 acres
All other provisions of this by-law shall apply.
9.5.3 LSR-3 - Concession 14, Part Lot 19 & 20 - 8 Harmony Lane
Notwithstanding any provisions of this by-law to the contrary, on lands zoned LSR-3
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
3) To recognize a total lot area of 0.9 acres
All other provisions of this by-law shall apply.
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SECTION 10 - WR - WATERFRONT RESIDENTIAL ZONE
10.1 Within a WR - Waterfront Residential Zone, no person shall use any land, erect, alter,
enlarge, use, or maintain any building or structure for any use other than as permitted
in this section and such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
10.2 PERMITTED USES
1)
a single detached dwelling,
2)
a seasonal dwelling,
3)
an accessory building or use,
4)
a Type 'A' and Type 'B' home occupation, in accordance with the provisions of
Section 5.29 of this By-law,
5)
a Type 'A' home industry, in accordance with the provisions of Section 5.30 of
this By-law.
10.3 ZONE REGULATIONS
a)
For the Single Detached Dwelling
Lot Area (Minimum)
4000 m² (43,057.1 sq. ft)
Road Frontage (Minimum)
46 metres (150.1 ft)
Water Frontage (Minimum)
46 metres (150.1 ft)
Front Yard (Minimum)
20 metres (65.6 ft)
Rear Yard (Minimum)
20 metres (65.6 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
20 metres (65.6 ft)
Lot Coverage (Maximum)
20 percent
Building Height (Maximum)
11 metres (36.1 ft)
Off Street Parking shall be provided in accordance with Section 5.31
Gross Floor Area (Minimum)
55.7 m² (600 sq. ft)
b)
For Accessory Buildings Not Attached to The Principal Building
Rear Yard (Minimum)
3 metres (9.8 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
3 metres (9.8 ft)
Building Height (Maximum)
5 metres (16.41 ft)
c)
Vegetative Buffer Adjacent to The Shoreline
i)
a natural vegetative buffer strip 15 metres (49.2 ft.) in width shall be
maintained.
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10.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot building, structure or use within the WR - Waterfront Residential Zone.
10.5 SPECIAL WR - WATERFRONT RESIDENTIAL ZONES
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SECTION 11 - MHR - MOBILE HOME RESIDENTIAL ZONE
11.1 Within a MHR - Mobile Home Residential Zone, no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than as
permitted in this section and also no person shall within any MHR zone use any lot or
install, place, erect, alter or use any building or structure unless such lot is served by
a communal water system and a sanitary sewer systems and except in accordance
with the regulations contained or referred to in this section.
11.2 PERMITTED USES
1)
mobile home,
2)
an accessory dwelling,
3)
mobile home park,
4)
mobile home park management office,
5)
a public use,
6)
a recreational use accessory to a mobile home park.
11.3 ZONE REGULATIONS
a)
For Mobile Home Sites
Site Area (Minimum)
700 m² (7,535.0 sq. ft)
Site Frontage (Minimum)
18 metres (59.1 ft)
Front Yard (Minimum)
13.5 metres (44.3 ft)
Setback from Internal Roads
9 metres (29.5 ft)
Exterior Side Yard (Minimum)
13.5 metres (44.3 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Rear Yard (Minimum)
3 metres (9.8 ft)
Site Coverage (Maximum)
33 percent
Building Height (Maximum)
5 metres (16.4 ft)
b)
For Mobile Home Parks
Lot Area (Minimum)
3 hectares (7.4 acres)
Lot Frontage (Minimum)
60 metres (196.9 ft)
Interior Side Yard (Minimum)
7.6 metres (24.9 ft)
Exterior Side Yard (Minimum)
13.5 metres (44.3 ft)
Rear Yard (Minimum)
7.6 metres (24.9 ft)
Dwelling Unit area for Accessory Dwelling
House
74 m² (796.6 sq. ft)
Landscaped Area (Minimum)
30 percent
Accessory Dwellings Per Lot (Maximum)
1
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11.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot building, structure or use within the MHR - Mobile Home Residential
Zone.
11.5 SPECIAL MHR - MOBILE HOME RESIDENTIAL ZONES
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SECTION 12 - R1 - RESIDENTIAL FIRST DENSITY ZONE
12.1 Within a R1 - Residential First Density Zone, no person shall use any land, erect, alter,
enlarge, use, or maintain any building or structure for any use other than as permitted
in this section and such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
12.2 PERMITTED USES
1)
a single detached dwelling,
2)
a public park,
3)
an accessory building or use to the above uses,
4)
a Type 'A' and Type 'B' home occupation, according to the provisions of Section
5.29 of this By-law.
12.3 ZONE REGULATIONS
a)
For a Single Detached Dwelling
Lot Area (Minimum)
- Public Water and Sanitary Sewers
550 m² (5,920 sq. ft)
Lot Frontage (Minimum)
- Public Water and Sanitary Sewers (except in the
case of a corner lot for which the minimum lot
frontage shall be 21 metres)
18 metres (59 ft)
Lot Frontage (Minimum)
- Public Water and Public Sewage Disposal System
24 metres (78.7 ft)
Lot Coverage (Maximum) (all buildings)
25 percent
Building Height (Maximum)
11 metres (36.1 ft)
Landscaped Open Space (Minimum)
30 percent
Number of Dwellings per Lot (Maximum)
1
Gross Floor Area (Minimum)
92.9 m² (1,000 sq. ft)
Minimum Yard Provisions:
- Front or Rear Yard Depth
- Interior Side Yard Width
- Exterior Side Yard Width
7.5 metres (24.6 ft)
2 metres (6.5 ft)
7.5 metres (24.6 ft)
Off Street Parking shall be provided in accordance with Section 5.31
b)
For Accessory Buildings Not Attached to The Principal Building
Rear Yard (Minimum)
3 metres (9.8 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
3 metres (9.8 ft)
Building Height (Maximum)
5 metres (16.41 ft)
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12.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot building, structure or use within the R1 - Residential First Density Zone.
Where a dwelling which existed at the time of the passing of this by-law is located on
a lot in the R1 Zone, such dwelling and lot shall be deemed to comply with all the
requirements of the R1 Zone.
Where a dwelling which existed at the time of the passing of this by-law is located on
a lot in the R1 Zone, such dwelling may be extended, enlarged or improved provided
the yards existing at the time of the passing of this by-law are not reduced in depth
and, where any such yards are greater in depth than the minimum required by this
by-law, such yards may be reduced to the minimum yards required by this by-law and
provided also that such dwelling continues to be used in the same manner and for the
same purpose it was used on the date of passing of this by-law.
12.5 SPECIAL R1 - RESIDENTIAL FIRST DENSITY ZONES
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SECTION 13 - R2 - RESIDENTIAL SECOND DENSITY ZONE
13.1 Within a R2 - Residential Second Density Zone, no person shall use any land, erect,
alter, enlarge, use, or maintain any building or structure for any use other than as
permitted in this section and such use, building or structure shall be in accordance
with the regulations contained or referred to in this section.
13.2 PERMITTED USES
1) a single detached dwelling,
2) a semi-detached dwelling,
3) a duplex dwelling,
4) a converted dwelling,
5) a boarding or rooming house,
6) a public park,
7) an accessory building or use to the above uses,
8) a Type 'A' and Type 'B' home occupation, according to the provisions of Section
5.29 of this By-law.
13.3 ZONE REGULATIONS
a)
For a Single Detached Dwelling
Lot Area (Minimum)
464.5 m² (5,000 sq. ft)
Lot Frontage (Minimum)
15 metres (49.2 ft)
Lot Coverage (Minimum)
25 percent
Building Height (Maximum)
11 metres (36.1 ft)
Landscaped Open Space (Minimum)
25 percent
Number of Dwellings Per Lot (Maximum)
1
Gross Floor Area (Minimum)
92.9 m² (1,000 sq. ft)
Minimum Yard Provisions:
- Front or Rear Yard Depth
- Interior Side Yard Width
- Exterior Side Yard Width
7.5 metres (24.6 ft)
2 metres (6.5 ft)
7.5 metres (24.6 ft)
b)
For a Semi-Detached Dwelling, A Duplex Dwelling, A Boarding or
Rooming House and a Converted Dwelling
Lot Area (Minimum)
800 m² (8,611.4 sq. ft)
Lot Frontage (Minimum)
21 metres (68.9 ft)
Front Yard (Minimum)
10 metres (32.8 ft)
Rear Yard (Minimum)
10 metres (32.8 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
10 metres (32.8 ft)
Gross Floor Area (Minimum)
180 m² (1,937 sq. ft)
Lot Coverage (Maximum)
30 percent
Building Height (Maximum)
11 metres (36.1 ft)
Off-Street Parking shall be provided in accordance with Section 5.31
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c)
For a Converted Dwelling and a Boarding or Rooming House
The minimum gross floor area of a one-bedroom dwelling unit shall be 42 m2
(452.1 ft.2) plus an additional 13 m2 (139.9 ft.2) for each additional bedroom.
The minimum lot area per dwelling unit shall be 1400 m2 (15,070.0 ft.2) (for
a converted dwelling).
No addition or enlargement shall be made to the external walls or roof of the
dwelling.
No external stairway other than an open fire escape shall be provided.
Such dwelling shall be certified by the Chief Building Official to be structurally
suitable for such conversion.
The 3-metre strip immediately adjacent to any lot line shall be landscaped.
Off-street parking shall be provided in accordance with Section 5.31.
The sewage disposal system shall be inspected and approved by the
appropriate authority.
d)
For Accessory Buildings Not Attached to The Principal Building
Rear Yard (Minimum)
2.5 metres (8.2 ft)
Interior Side Yard (Minimum)
2.5 metres (8.2 ft)
Exterior Side Yard (Minimum)
7.5 metres (24.6 ft)
Building Height (Maximum)
5 metres (16.41 ft)
13.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the R2 - Residential Second Density
Zone.
13.5 SPECIAL R2 - RESIDENTIAL SECOND DENSITY ZONES
13.5.1 R2-1 - N.E. Corner of Allan Street and West Front Street
Notwithstanding any provisions of this by-law to the contrary, on lands zoned R2-1
and shown on Schedule 'E' attached, the following special provisions shall apply:
Zone Provisions
1) a service shop for small engines which shall include sale of these items.
All other provisions of this by-law shall apply.
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13.5.2 R2-2 - 97 Edward Street
Notwithstanding any other provision of this by-law to the contrary, the following
special provisions shall apply:
Zone Provisions
1) to recognize a reduced lot area of approximately 0.56 acres
2) to recognize setbacks for an existing residence
All other provisions of this by-law shall apply.
13.5.3 R2-3 - Wells/Ryell Homes Subdivision
Notwithstanding any other provision of this by-law to the contrary the following
special provisions shall apply to the lands zoned Special Residential Second Density
(R2-3) Zone:
Lot Coverage (Maximum)
35 percent
Front Yard Depth (Minimum)
6 metres (19.6 ft)
Interior Side Yard Width (Minimum)
1.5 metres (4.9 ft)
Exterior Side Yard Width
6 metres (19.6 ft)
All other provisions of this by-law shall apply.
13.5.4 R2-4 - Plan 149, PT Block E RP21R12906 Pts 1 & 2; RP21R9531 Pts 2 & 4
and RP21R13035 Pt 1
Notwithstanding any provisions of this by-law to the contrary, on lands zoned R2-4,
and shown on Schedule 'E' attached, the following special provisions shall apply:
Zone Provisions:
1) reduced interior side yard setback from 2m to 1.2m
2) reduced exterior side yard setback from 7.5m to 5m to accommodate wider
format houses on lots within the subdivision
All other provisions of this by-law shall apply.
13.5.5 R2-4-h - Plan 149, PT Block E RP21R12096 Pts 1 & 2; RP21R9531 Pts 2 & 4
and RP21R13035 Pt 1, Lots 21 through 25 - DorAnn Homes
Notwithstanding any provisions of this by-law to the contrary, on lands zoned R2-4-h
and shown on Schedule 'E' attached, the following special provisions shall apply:
Zone Provisions
1) Holding symbol to remain until conditions as specified by the Lower Trent
Conservation in its email dated June 12, 2012 have been satisfied
All other provisions of this by-law shall apply.
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13.5.5 R2-5 - 186 Mill Street
Notwithstanding any other provision of this by-law to the contrary, the following
special provisions shall apply to the lands zoned Special Residential Second Density
(R2-5):
Zone Provisions
1) A deficient interior side yard width of 0.2 feet to an existing garage and proposed
addition
2) A deficient interior side yard width of 4 feet to a proposed accessory
All other provisions of this by-law shall apply.
13.5.6 R2-6 - Harvest Glen Subdivision
Notwithstanding any other provision of this by-law to the contrary, the following
special provisions shall apply to the lands zoned Special Residential Second Density
(R2-6) zones:
a) Permitted Uses:
i)
A single Detached Dwelling
b) Zone Regulations:
Lot Area (Minimum)
333.0 m² (3,584 ft)
Lot Frontage (Minimum)
12.2 metres (40 ft)
Front Yard Depth (Minimum)
6 metres (19.6 ft)
Interior Side Yard (Minimum)
1.2 metres (3.9 ft)
Exterior Side Yard (Minimum)
5.5 metres (18 ft)
Lot Coverage (Maximum)
35 percent
All other provisions of this by-law shall apply.
13.5.7 R2-7 - Church Street North - Farnsworth
Notwithstanding any other provision of this by-law to the contrary, the following
special provisions shall apply to the lands zoned Special Residential Second Density
(R2-7) zones:
Zone Provisions:
1) To permit a reduced area and frontage for a semi-detached dwelling unit
All other provisions of this by-law shall apply.
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13.5.8 R2-8 - Part of Park Lot 7 of Registered Plan 38 and being Part 2 of 21R-
26087 and Part 2 of 21R26575 - Edward Street
Notwithstanding any provisions of this by-law to the contrary, on lands zoned R2-8
and shown on Schedule 'E' attached, the following special provisions shall apply:
Zone Provisions
1) Minimum Front Yard: 6.0 metres
2) Minimum Interior Side Yard: 1.2 metres
3) Minimum Exterior Side Yard: 6.0 metres
4) Maximum Lot Coverage: 45%
All other provisions of this by-law shall apply.
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SECTION 14 - MR - MULTIPLE RESIDENTIAL ZONE
14.1 Within an MR - Multiple Residential Zone, no person shall use any land, erect, alter,
enlarge, use, or maintain any building or structure for any use other than as permitted
in this section and such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
14.2 PERMITTED USES
1)
multiple dwelling including triplex, fourplex, townhouse and low-rise apartment
complex,
2)
a senior citizen multiple dwelling,
3)
a converted dwelling,
4)
a Type 'A' home occupation in accordance with Section 5.29,
5)
a public park,
6)
an accessory building or use to the above uses.
14.3 ZONE REGULATIONS
a)
For the Principal Building
Lot Area (whichever is greater)
- Minimum
- Minimum per Dwelling Unit
4000 m² (43,057.1 sq.
ft)
1400 m² (15,070 sq. ft)
Lot Frontage (Minimum)
45 metres (147.6 ft)
Front Yard (Minimum)
10 metres (32.8 ft)
Rear Yard (Minimum)
10 metres (32.8 ft)
Interior Side Yard (Minimum)
i) to a wall of a building containing windows to
habitable rooms
ii) to a wall of a building containing no windows
to habitable rooms
8 metres (26.2 ft)
3 metres (9.8 ft)
Interior Side Yard (Minimum) between dwelling
units
Nil
Exterior Side Yard (Minimum)
10 metres (32.8 ft)
Building Height (Maximum)
11 metres (36.1 ft)
Lot Coverage (Maximum)
30 percent
Minimum Number of Dwelling Units in One
Principal Building
3 dwelling units
Off Street Parking shall be provided in accordance with Section 5.31
b)
For Accessory Buildings Not Attached to The Principal Building
Rear Yard (Minimum)
2.5 metres (8.2 ft)
Interior Side Yard (Minimum)
2.5 metres (8.2 ft)
Exterior Side Yard (Minimum)
10 metres (32.8 ft)
Building Height (Maximum)
5 metres (16.41 ft)
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c)
For a Converted Dwelling
A converted dwelling shall be permitted on lands zoned MR in accordance with
the following regulations.
i)
The minimum gross floor area of a one-bedroom dwelling unit shall be
40 m2 (430.6 ft.2) plus an additional 10 m2 (107.6 ft.2) for each
additional bedroom.
ii)
The minimum lot area per dwelling unit shall be 1,400 m2 (15,070.0
ft.2).
iii)
No external stairway other than an open fire escape shall be provided.
iv)
Such dwelling shall be certified by the Chief Building Official to be
structurally suitable for such conversion.
v)
The 3 metre (9.8 ft.) strip immediately adjacent to any lot line shall be
landscaped.
vi)
Off-street parking shall be provided in accordance with Section 5.31.
vii)
The sewage disposal system has been inspected and approved by the
appropriate authority.
14.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the MR - Multiple Residential Zone.
14.5 SPECIAL MR - MULTIPLE RESIDENTIAL ZONES
14.5.1 MR-1 - 12 Tanner Drive
Notwithstanding any provision of this By-law to the contrary, on land zoned MR-1 and
shown on Schedule 'E' attached, the following special provisions shall apply:
Interior Side Yard (Minimum) to a wall of a building
containing no windows to habitable rooms
5.36 metres (17.5 ft)
All other provisions of this by-law shall apply.
14.5.2 MR-2h - Wells/Ryell Homes Subdivision
Notwithstanding any other provision of this by-law to the contrary, on lands zoned MR-
2h, the following special provisions shall apply:
Lot Coverage (Maximum)
40 percent
Front Yard Depth (Minimum)
6 metres (19.6 ft)
Rear Yard Depth (Minimum)
4 metres (13.1 ft)
Interior Side Yard Width (Minimum) to a wall of a
building with or without windows to habitable rooms
1.5 metres (4.9 ft)
Lot Frontage (Minimum)
As per final approval
of the Site Plan
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Lot Area per Dwelling Unit (Minimum)
As per final approval
of the Site Plan
Number of Dwelling Units (Maximum)
16
Holding Symbol removed following the approval of a Site Plan for development of the
subject property.
All other provisions of the MR Zone shall apply.
14.5.3 MR-3-h - Part of Park Block 15, Plan 38 - Baker Street Subdivision
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MR-3,
the following provisions shall apply:
Permitted uses shall be limited to the following:
1) Dwelling, Multiple (townhouses)
Lot Area per Dwelling Unit (Minimum)
340 m² (3,659.7 sq. ft)
Lot Frontage per Dwelling Unit (Minimum)
7 metres (22.9 ft)
Front Yard (Minimum)
6 metres (19.6 ft)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft)
Interior Side Yard between dwelling units sharing
a common wall (minimum)
0 metres (0 ft)
Lot Coverage (Maximum)
40 percent
The 'h' shall be removed by by-law when the owner has entered into a Site Plan
Agreement with the Corporation of Township of Stirling-Rawdon, which agreement
shall address all municipal requirements, financial or otherwise, in accordance with
Sections 41 of the Planning Act, R.S.O 1990, c.P.13., as amended.
All other provisions of the MR Zone and By-law No. 320-03, as amended, shall apply
to the lands zoned MR-3-h.
14.5.4 MR-4 - Part of Park Lot 15, Plan 38, Parts 1, 2 &3, Plan 21R21952 - 223
Baker Street
Notwithstanding any provisions of this by-law to the contrary, the following special
provisions shall apply to the lands zoned MR-4:
Lot Area per Dwelling Unit
320 m² (3,444.5 sq. ft)
Lot Frontage per Dwelling Unit
7 metres (22.9 ft)
Front Yard (Minimum)
6 metres (19.6 ft)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft)
Lot Coverage (Maximum)
42 percent
All other provisions of the MR Zone shall apply.
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14.5.5 MR-5 - Part of Park Lot 15, Plan 38, Parts 1, 2 &3, Plan 21R21952 - 229-235
Baker Street
Notwithstanding any provisions of this by-law to the contrary, the following special
provisions shall apply to the lands zoned MR-5:
Lot Area per Dwelling Unit
290 m² (2,475 sq. ft)
Lot Frontage per Dwelling Unit
7 metres (22.9 ft)
Front Yard (Minimum)
6 metres (19.6 ft)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft)
Rear Yard (Minimum)
7.5 metres (24.6 ft)
Lot Coverage (Maximum)
42 percent
All other provisions of the MR Zone shall apply.
14.5.6 MR-6 - Harvest Glen Subdivision
Notwithstanding any provisions of this by-law to the contrary, the following special
provisions shall apply to the lands zoned MR-6:
1)
To remove the 'holding' (-h) symbol from 21 lots and 5 townhouse blocks in
phase 1 of the Harvest Glen Subdivision
2)
To permit the development of the said lots in conformity with the zoning by-
law
All other provisions of the MR Zone shall apply.
14.5.7 MR-6h - Wells/Ryell Homes Subdivision
Notwithstanding any provisions of this by-law to the contrary, the following special
provisions shall apply to the lands zoned MR-6:
Lot Coverage (Maximum)
40 percent
Front Yard Depth (Minimum)
6 metres (19.6 ft)
Rear Yard Depth (Minimum)
4 metres (13.1 ft)
Interior Side Yard Width to a wall of a building
with or without windows to habitable rooms
(Minimum)
1.5 metres (4.9 ft)
Lot Frontage (Minimum)
As per final approval
of the Site Plan
Lot Area per Dwelling Unit (Minimum)
As per final approval
of the Site Plan
Number of Dwelling Units (Maximum)
4
All other provisions of the MR Zone shall apply.
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14.5.8 MR-7h - Wells/Ryell Homes Subdivision
Notwithstanding any other provisions of this by-law to the contrary, the following
special provisions shall apply to the lands zoned MR-7:
Lot Coverage (Maximum)
40 percent
Front Yard Depth (Minimum)
6 metres (19.6 ft)
Rear Yard Depth (Minimum)
4 metres (13.1 ft)
Interior Side Yard Width to a wall of a building
with or without habitable windows to habitable
rooms (Minimum)
1.5 metres (4.9 ft)
Lot Frontage (Minimum)
As per final approval of
the Site Plan
Lot Area per Dwelling Unit (Minimum)
As per final approval of
the Site Plan
Number of Dwelling Units per Building
(Maximum)
4
Building Height
Maximum one story
All other provisions of the MR Zone shall apply.
14.5.9 MR-8 - 174/176 Mill Street
Notwithstanding any other provisions of this by-law to the contrary, the following
special provisions shall apply to the lands zoned MR-8:
Zone Provisions
1) To permit a 40ftx30ft garage with a maximum height of 30ft
2) To recognize a reduced rear yard and interior side yard setback of 4ft
All other provisions of this by-law shall apply.
14.5.10 MR-9 - 227 West Front Street
Notwithstanding any other provisions of this by-law to the contrary, the following
special provisions shall apply to the lands zoned MR-9:
Zone Provisions
1) Minimum permitted lot area shall be 3,600 square metres (38,750.08 square feet)
2) Maximum permitted front yard setback shall be 8 metres (26.25 feet)
3) Maximum permitted building height shall be 11.6 metres (38.06 feet)
4) One and half (1.5) parking spaces shall be provided per dwelling unit
All other provisions of this by-law shall apply.
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14.5.11 MR-10 - Part of Park Lot 7 of Registered Plan 38 and being Part 2 on 21R-
26087 and Part 2 of 21R-26575 - Edward Street
Notwithstanding any other provisions of this by-law to the contrary, the following special
provisions shall apply to lands zoned MR-10:
Zone Provisions
1) Minimum Lot Area: 1498.0 square metres
2) Minimum Lot Area per Unit: 341.0 square metres
3) Minimum Lot Frontage: 34.6 metres
4) Minimum Front yard: 7.5 metres
5) Minimum Interior Side Yard: 1.2 metres, except for common wall, which is 0.0
metres
6) Maximum Lot Coverage: 45%
All other provisions of this by-law shall apply.
14.5.12 MR-11-h - Plan 38, Lots 39 & 40, Part of Lots 29, 30 & 41 - William St.
Notwithstanding any other provisions of this by-law to the contrary, the following
special provisions shall apply to lands zoned MR-11-h:
Zone Provisions
1) Lot Frontage (Minimum - existing): 4.9 metres (16.1 feet)
2) The removal of the hold is subject to the establishment of a safe site entrance to the
satisfaction of the Public Works Superintendent
All other provisions of this by-law shall apply.
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SECTION 15 - UC - URBAN COMMERCIAL ZONE
15.1 Within UC - Urban Commercial Zone, no person shall use any land, erect, alter,
enlarge, use, or maintain any building or structure for any use other than as permitted
in this section and such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
15.2 PERMITTED USES
1)
a retail store, including a gift shop, craft shop and antique shop,
2)
a convenience retail store,
3)
a service shop including a personal service shop,
4)
a lawn, garden and farm equipment and supplies sales outlet,
5)
a laundry and/or dry-cleaning shop including coin operated establishments,
6)
an eating establishment including an assembly hall and a tea room,
7)
a food market,
8)
a tavern,
9)
a Liquor Control Board or Brewer's Retail Outlet,
10)
a hotel/motel,
11)
a bank and/or trust company,
12)
printing or publishing establishment,
13)
a business, administrative and/or professional office,
14)
a theatre, cinema, or other place of entertainment,
15)
a taxi depot,
16)
a commercial recreational establishment such as a bowling or billiard
establishment or other similar use,
17)
a funeral home/parlour,
18)
a medical or dental clinic,
19)
a bake shop,
20)
a private or commercial club,
21)
a restaurant, take- out,
22)
a car wash,
23)
a bottle return depot,
24)
a nursery school,
25)
a veterinary clinic,
26)
a public or private parking area, including parking facilities associated with the
principal use(s) permitted under this section,
27)
an automobile service station,
28)
an automobile sales agency,
29)
dwelling units in the form of apartments as an accessory use in buildings in
which commercial uses are permitted, except automobile service stations or
other uses involving the sale of gasoline or other similar petroleum products,
in accordance with the provisions of Sections 5.19 and 5.20,
30)
an accessory building or use to the above uses.
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15.3 ZONE REGULATIONS
a)
For All Uses Except an Automobile Service Station
Lot Area (Minimum)
1000 m² (10,764.3 sq. ft)
Lot Frontage (Minimum)
15 metres (49.2 ft)
Front Yard (Minimum)
6 metres (19.6 ft)
Rear Yard (Minimum)
6 metres (19.6 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
8 metres (26.2 ft)
Lot Coverage (Maximum)
40 percent
Building Height (Maximum)
11 metres (36.1 ft)
Off Street Parking and Off-Street Loading Facilities shall be provided in
accordance with Sections 5.31 and 5.32
Access to an accessory dwelling unit shall be separate from access to a
commercial use
All other provisions of this by-law shall apply.
b)
For an Automobile Service Station
Lot Area (Minimum)
2,000 m² (21,528.6 sq. ft)
Lot Frontage (Minimum)
45 metres (147.6 ft)
Lot Depth (Minimum)
45 metres (147.6 ft)
Front Yard (Minimum)
15 metres (49.2 ft)
Rear Yard (Minimum) except where a rear
yard abuts a residential zone, the rear yard
shall be a minimum of 15 metres (49.2 ft) of
which the 4.5 metres (14.8 ft) adjacent to the
lot line shall be retained in an open space
condition
7.5 metres (24.6 ft)
Side Yard (Minimum) except where one or
both side yards abut a residential zone, the
side yard shall be a minimum of 15 metres
(49.2 ft) of which the 4.5 metres (14.8 ft)
adjacent to the lot line shall be retained in an
open space condition
7.5 metres (24.6 ft)
A sight triangle of 15 metres (49.2 ft) minimum shall be provided on a
corner lot
Light stands and signs may be located in any required minimum yard at a
minimum distance of 2.5 metres (8.2 ft) from any street line
Fuel Pump Islands and Fuel Pumps may be located in any required
minimum yard distance of 6 metres (19.6 ft) from any street line. A sight
triangle is not to be construed to be part of the minimum yard for the
purposes of this paragraph. Where a lot is a corner lot, no portion of any
pump island or gasoline pump shall be located closer than 3 metres (9.8 ft)
to a straight line between a point in the front lot line and a point in the
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exterior side lot line, each point being distant 15 metres (49.2 ft) from the
intersection of such lot lines.
The distance between means of access or ramps shall be 12 metres (39.4
ft) and on a corner lot, no ramp may be located within 15 metres (49.2 ft)
of the intersection of the street lines.
Each ramp shall have a width of 7.5 metres (24.6 ft) and the interior angle
formed between the lot line and the center line of the ramp shall be
between seventy (70) and ninety (90) degrees.
No ramp shall be located within 4.5 metres (14.8 ft) of a side lot line.
Off-Street Parking and Off-Street Loading Facilities shall be provided in
accordance with Sections 5.31 and 5.32.
c)
For Hotels and Motels
Lot Area (Minimum)
Public Water and Sanitary Sewers
930 m² (10,010.7 sq. ft)
Gross Guest Room Area (Minimum)
23 m² (247.6 sq. ft)
Lot Frontage (Minimum)
Public Water and Sanitary Sewers
38 metres (124.7 ft)
Front Yard Depth (Minimum)
12 metres (39.4 ft)
Exterior Side Yard Width (Minimum)
12 metres (39.4 ft)
Interior Side Yard Width (Minimum)
6 metres (19.6 ft) or
where the interior side lot
line abuts a Residential
Zone, the minimum
interior side yard width
shall be 9 metres (29.5
ft)
Rear Yard Depth (Minimum)
7.5 metres (24.6 ft) or
where the rear lot line
abuts a Residential Zone,
the minimum rear yard
depth shall be 9 metres
(29.5 ft)
Lot Coverage (All Buildings) (Maximum)
25 percent
Setback from Street Centerline (Minimum)
Former Provincial Highway
Former County Road
Urban Street
32 metres (105 ft)
25 metres (82 ft)
13 metres (42.7 ft)
Landscaped Open Space (Minimum)
20 percent
Building Height (Maximum)
11 metres (36.1 ft)
Distance Between Buildings
Where two or more buildings are erected on the same lot, the minimum
distance between buildings shall not be less than the minimum distance
which would be required if each building were on a separate lot and
subjected to the minimum yard requirements stated in Section 16.3 e) of
the by-law.
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e)
For Accessory Buildings Not Attached to The Principal Building
Rear Yard (Minimum)
1.5 metres (4.9 ft)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft)
Exterior Side Yard (Minimum)
3 metres (9.8 ft)
Building Height (Maximum)
5 metres (16.41 ft)
Minimum distance from any other building on the lot shall be 3 metres (9.8
ft) provided that in no case shall any overhang, eaves, or gutter project
into this required minimum area which shall be clear of any obstruction
from the ground to the sky.
f)
For Lands Abutting a Residential Zone
Notwithstanding the provisions of subsection 16.3 of this part, where an interior
side yard and/or rear yard abuts a residential zone then such interior side yard
shall be a minimum of 5 metres (16.4 ft.) and such rear yard shall be a
minimum of 9 metres (29.5 ft.). The 1 metre (3.3 ft.) strip immediately
adjacent to the rear and\or interior side lot line shall be landscaped.
15.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the UC - Urban Commercial Zone.
15.5 SPECIAL UC - URBAN COMMERCIAL ZONE
15.5.1 UC-2 - Concession 10, Part Lot 12 - 4876-4880 Stirling Marmora Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned UC-2
and shown on Schedule 'B' attached, the following special provisions shall apply:
Zone Provisions
1) to recognize the location of the existing buildings and permit a lot area of a
minimum of 1.5 acres as a result of the provision approval for consent File No.
B11/12 for the consolidation of land parcels
2) to permit an assembly hall and an eating establishment.
All other provisions of this by-law shall apply.
15.5.2 UC-3 - Concession 1, Part Lot 11 - 2472 Stirling Marmora Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned UC-3
and shown on Schedule 'E' attached, the following special provisions shall apply:
Zone Provisions
1) a retail store, including a gift shop, craft shop and antique shop
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2) a convenience retail store
3) a service shop, including a personal service shop
4) a lawn, garden and farm equipment and supplies sales outlet
5) a laundry and/or dry-cleaning shop including coin operated establishments
6) a food markets
7) printing or publishing establishment
8) a business, administrative and/or professional office
9) a commercial recreational establishment such as a bowling or billiard establishment
or other similar use
10) a bake shop
11) a restaurant, take out
12) a car wash
13) a nursey school
14) a public or private parking area, including parking facilities associated with the
principal use(s) permitted under this section
15) an automobile service station
16) a Self-Storage Facility
17) dwelling units in the form of apartments as an accessory use in building in which
commercial uses are permitted, except automobile service stations or other uses
involving the sale of gasoline or other similar petroleum products, in accordance with
the provisions of Sections 5.19 and 5.20
18) an accessory building or use to the above uses
All other provisions of this by-law shall apply.
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SECTION 16 - BC - BUSINESS COMMERCIAL ZONE
16.1 Within a BC - Business Commercial Zone, no person shall use any land, erect, alter,
enlarge, use, or maintain any building or structure for any use other than as permitted
in this section and such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
16.2
PERMITTED USES
1) an agricultural equipment sales and repair establishment,
2) a cartage, express or truck terminal,
3) an automobile service station,
4) an automobile sales agency,
5) a bottle return depot,
6) a take-out restaurant,
7) a printing/copying establishment,
8) a building supply outlet,
9) a warehouse,
10) a retail store,
11) an equipment rental establishment,
12) any manufacturing operation located within a building,
13) a merchandise repair and service shop,
14) a business, professional or government office,
15) a public utility or public works yard,
16) a bank, trust company or other financial institution,
17) a theatre, cinema, or other place of entertainment,
18) a funeral home/parlour,
19) a car wash,
20) a post office,
21) a nursery school,
22) a private or commercial club,
23) a veterinary clinic,
24) a wholesale distribution centre,
25) a garden centre,
26) a factory outlet store,
27) a motorcycle, boat or snowmobile sales and repair establishment,
28) a bowling or billiard establishment,
29) a mini rental storage establishment,
30) one accessory dwelling unit per building.
16.3 ZONE REGULATIONS
a)
For Principal Buildings
Lot Area (Minimum)
700 m² (7,535 sq. ft)
Lot Frontage (Minimum)
20 metres (65.6 ft
Front Yard (Minimum)
6 metres (19.6 ft)
Rear Yard (Minimum)
6 metres (19.6 ft)
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Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
8 metres (26.2 ft)
Lot Coverage (Maximum)
40 percent
Building Height (Maximum)
11 metres (36.1 ft)
Access to an accessory dwelling unit shall be separate from access to a
commercial building.
b)
For Accessory Buildings Not Attached to the Principal Building
Rear Yard (Minimum)
1.5 metres (4.9 ft)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft)
Exterior Side Yard (Minimum)
8 metres (26.2 ft)
Building Height (Maximum)
5 metres (16.41 ft)
c)
For Lands Abutting a Residential or Institutional Zone or Any Existing
Residential Use
Notwithstanding the yard provisions outlined above, where an interior side yard
and/or a rear yard abuts a residential or institutional zone or any existing
residential use, then such interior side yard and/or rear yard shall be a
minimum of 15 metres (49.2 ft.). These 15 metres (49.2 ft.) area shall be
maintained in an open space condition and no parking or loading spaces and
no open storage of goods or materials shall be permitted within these 15 metres
(49.2 ft.) area. The 3 metre (9.8 ft.) strip immediately adjacent to the interior
side and/or rear lot line shall be landscaped.
d)
For Open Storage
The outdoor storage of goods or merchandise for sale to the public shall only
be permitted in conjunction with the following uses:
i)
an agricultural equipment sales and repair establishment,
ii)
an automobile sales outlet,
iii)
a building supply outlet,
iv)
an equipment rental establishment,
v)
a motorcycle, boat or snowmobile sales and repair establishment,
vi)
a garden centre.
16.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the BC - Business Commercial Zone.
16.5 SPECIAL BC - BUSINESS COMMERCIAL ZONE
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120
SECTION 17 - RC - RURAL COMMERCIAL ZONE
17.1 Within a RC - Rural Commercial Zone, no person shall use any land, erect, alter,
enlarge, or maintain any building or structure for any use other than as permitted in
this section and such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
17.2 PERMITTED USES
1)
a farm implement and supply dealer, including the sale and service of
snowmobiles and lawn and garden equipment,
2)
an agricultural equipment supply and repair outlet,
3)
an auction outlet,
4)
a butcher shop and retail meat establishment,
5)
a fertilizer mixing and sales establishment,
6)
a feed and seed mill,
7)
a sawmill or planing mill,
8)
a greenhouse, nursery, or garden centre,
9)
a bulk fuel dealer,
10)
a craft shop,
11)
an abattoir,
12)
a merchandise service shop,
13)
an accessory building or use to the above uses,
14)
self-storage buildings,
15)
flea market,
16)
a warehouse,
17)
commercial kennel,
18)
drive-in restaurant,
19)
a diesel, propane and/or natural gas outlet,
20)
a retail or wholesale lumber and building supply outlet,
21)
an automobile, snowmobile, motorcycle, or boat service station,
22)
an automobile, mobile home, or travel trailer sales agency,
23)
an automatic or coin operated car wash with the sale of petroleum products
incidental thereto,
24)
a hotel/motel,
25)
an assembly hall,
26)
an eating establishment, including an assembly hall,
27)
a tavern,
28)
an establishment for the sale, service, storage, or repair of small internal
combustion engines such as snowmobiles, outboard motors, and lawnmowers,
29)
a retail and/or wholesale outlet for the storage, display, and sale of lumber,
building supplies and other similar new goods or materials,
30)
a
motorcycle,
snowmobile,
boat
and
machinery
sales
and
service
establishment, including the sale of parts and petroleum products incidental
thereto,
31)
a convenience retail store,
32)
a convenience retail store and a restaurant as an accessory use to an
automobile service station,
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33)
an accessory building or use to the above uses,
34)
one dwelling or dwelling unit as an accessory use for the owner or operator of
a principal use to any of the foregoing except automobile service stations or
other uses involving the sale of gasoline or other similar petroleum products,
in accordance with the provisions of Section 5.19,
35)
an agricultural produce sales outlet.
17.3 ZONE REGULATIONS
a)
For the Principal Building
Lot Area (Minimum)
4,000 m² (43,057.1 sq. ft)
Lot Frontage (Minimum)
45 metres (147.6 ft)
Front Yard (Minimum)
8 metres (26.2 ft)
Rear Yard (Minimum)
8 metres (26.2 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard
8 metres (26.2 ft)
Building Height (Maximum)
11 metres (36.1 ft)
Lot Coverage (Maximum)
40 percent
Off-Street Parking and Off-Street Loading Facilities shall be provided in
accordance with Sections 5.31 and 5.32
Access to a dwelling unit shall be separate from access to a rural
commercial use
b)
For an Automobile Service Station
Lot Frontage (Minimum)
45 metres (147.6 ft)
Lot Depth (Minimum)
45 metres (147.6 ft)
Front Yard (Minimum)
15 metres (49.2 ft)
Rear Yard (Minimum) except where the rear
yard abuts a residential zone the rear yard
shall be a minimum of 15 metres (49.2 ft) of
which the 4.5 metres (14.8 ft) adjacent to the
lot line shall be maintains in an open space
condition
7.5 metres (24.6 ft)
Side Yards (Minimum) except where one or
both side yards abut a residential zone the
side yard shall be a minimum of 15 metres
(49.2 ft) of which the 4.5 metres (14.8 ft)
adjacent to the lot line shall be maintained in
an open space condition
7.5 metres (24.6 ft)
A sight triangle of 8 metres (26.2 ft) minimum shall be provided on a corner
lot
Light stands and signs may be located in any required minimum yard at a
minimum distance of 2.5 metres (8 ft) from any street line
Fuel pump islands and fuel pumps may be located in any required minimum
yard at a minimum distance of 6 metres (19.7 ft) from any street line. A
sight triangle is not to be construed to be part of the required minimum
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yard for the purposes of this paragraph. Where a lot is a corner lot, no
portion of any pump island or gasoline pump shall be located closer than 3
metres (9.8 ft) to a straight line between a point in the front lot line and a
point in the exterior side lot line, each point being distant 15 metres (49.2
ft) from the intersection of such lot lines
The distance between means of access or ramps shall be 12 metres (39.4
ft) and on a corner lot, no ramp may be located within 115 metres (49.2 ft)
of the intersection of the street lines
Each ramp shall have a width of 7.5 metres (24.6 ft) and the interior angle
formed between the lot line and the centre line of the ramp shall be
between seventy (70) and ninety (90) degrees
No ramp shall be located within 4.5 (14.8 ft) of a side lot line
Off-Street Parking and Off-Street Loading Facilities shall be provided in
accordance with Sections 5.31 and 5.32
c)
For Commercial Kennels
i)
Kennels shall be separated from a residential use by a minimum of 100
metres (328.1 ft.).
ii)
No more than 8 dogs over the age of 4 months shall be kept in the
kennels.
iii)
No commercial kennel shall be erected within 45 metres (147.6 ft.) of
the lot line of adjacent lands which are held in separate and distinct
ownership.
iv)
Enclosed exercise areas or runs shall be provided.
v)
A minimum of 9.3 square metres (100 square feet) shall be provided for
each animal.
vi)
Where a commercial kennel existed as of the date of passing of this by-
law which does not comply with the foregoing setback or yard
requirements, such commercial kennel shall not be extended, enlarged,
reconstructed, or altered if the effect of such extension, enlargement,
reconstruction, or alteration thereof is to further reduce or encroach on
the setback, yard or yards that is or are less than required.
d)
For Accessory Buildings Not Attached to The Principal Building
Rear Yard (Minimum)
1.5 metres (4.9 ft)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft)
Exterior Side Yard (Minimum)
8 metres (26.2 ft)
Building Height (Maximum)
5 metres (16.41 ft)
Gross Floor Area for Access Only
Single Detached Dwelling
92.9 m² (1,000 sq. ft)
e)
For Land Abutting a Residential Zone or Residential Use
Notwithstanding the provisions of subsection 17.3, where an interior side yard
and/or a rear yard abuts a residential zone or any existing residential use, then
such interior side yard shall be a minimum of 5 metres (16.4 ft.) and such rear
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yard shall be a minimum of 10 metres (32.8 ft.). The 3 metre (9.8 ft.) strip
immediately adjacent to the rear and/or interior side lot lines shall be
landscaped.
17.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot building, structure or use within the RC - Rural Commercial Zone.
17.5 SPECIAL RC - RURAL COMMERCIAL ZONES
17.5.1 RC-1-h - Concession 1, Part Lot 6 - 144 Evergreen Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RC-1-h
and shown on Schedule 'D' attached, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
1) flea market;
2) single detached dwelling;
3) parking accessory to the above two uses.
Zone Provisions
Building Gross Floor Area (Maximum)
1,997 m² (21,500 sq. ft)
The lands described as Part 2, Plan 21R5846 and zoned RC-2 shall be used
only for parking spaces in conjunction with the flea market use
6 metres (19.6 ft)
Removal of Holding ('h') Symbol
The Holding ('h') provision may be removed by Council once Council is satisfied that a
site plan agreement has been entered into which shall provide for the following:
1)
a 15-metre construction setback from the watercourse to the west;
2)
a drainage plan and grading that will prevent runoff from flowing directly into
the watercourse and will prevent backup flooding at peak flow;
3)
maintenance of a natural buffer along the watercourse a minimum of 7.5
metres on each side of the watercourse;
4)
the parking area between the building and the watercourse to remain unpaved
and to be graded to facilitate sheet drainage away from the watercourse;
5)
provision for buffering between the loading, deck area and neighbouring
residential land uses, satisfactory to the local municipality and an agreement
to take steps to prevent interference with the livestock operation to the south
and west;
6)
other issues of concern to the local municipality, including access, sewage
disposal and solid waste disposal;
7)
mitigation through preservation or resource removal and documentation of any
adverse impacts on any significant archaeological resource found as a result of
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an archaeological assessment of the entire property, as set out in the
Archaeological Assessment Technical Guidelines. Such assessment was a
condition of consent.
All other provisions of this by-law shall apply.
17.5.2 RC-2 - Concession 11, Part Lot 12 & 13 - 45 Williams Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RC-2
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
The following shall be the only permitted uses:
1) commercial greenhouse;
2) buildings or structures accessory to the principal use.
All other provisions of this by-law shall apply.
17.5.3 RC-3 - Concession 13, Part Lots 13 & 14 - 5852 Stirling Marmora Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RC-3
and shown on Schedule 'A' attached, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
1) furniture and cabinet-making;
2) furniture and cabinet retail and wholesale sales;
3) a flea market
4) a greenhouse operation
Zone Provisions
a) the existing shed and its addition may be used for the above uses.
Flea Market: shall mean a building or part of a building where second-hand goods,
articles and antiques are offered for sale at retail to the general public but shall
not include any other establishment otherwise defined or classified herein.
All other provisions of this by-law shall apply.
17.5.4 RC-4 - Concession 2, Part Lot 11 - 7 Demorest Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RC-4
and shown on Schedule 'D' attached, the following special provisions shall apply:
1) landscape/building supply depot
2) the sale of farm products
All other provisions of this by-law shall apply.
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SECTION 18 - RRC - RECREATIONAL/RESORT COMMERCIAL
18.1 Within a RRC - Recreational/Resort Commercial Zone, no person shall use any land,
erect, alter, enlarge, use, or maintain any building or structure for any use other than
as permitted in this section and such use, building or structure shall be in accordance
with the regulations contained or referred to in this section.
18.2 PERMITTED USES
1)
a marina, including a boat sales and service establishment and the sale of parts
and petroleum products incidental thereto,
2)
a tent and/or travel trailer park,
3)
a tourist establishment including hotels, lodges, housekeeping cottages, tourist
establishments,
4)
a gift shop,
5)
an eating establishment,
6)
a bed and breakfast establishment,
7)
a convenience retail store,
8)
a miniature golf course, driving range or other similar recreationally oriented
use,
9)
a public or private park,
10)
one dwelling or dwelling unit as an accessory use for the owner or operator of
a principal use, in accordance with the provisions of Section 5.19,
11)
an accessory building or use to the above uses;
18.3 ZONE REGULATIONS
a)
For All Principal Uses
Lot Area (Minimum)
4,000 m² (43,057.1 sq. ft)
Lot Frontage (Minimum)
45 metres (147.6 ft)
Front Yard (Minimum)
8 metres (26.2 ft)
Rear Yard (Minimum)
8 metres (26.2 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
8 metres (26.2 ft)
Lot Coverage (Maximum)
40 percent
Building Height (Maximum)
11 metres (36.1 ft)
Off-Street Parking shall be provided in accordance with Section 5.31 and
5.32
Access to an accessory dwelling unit shall be separate from access to a
commercial use
All means of ingress and egress shall have a minimum width of 6 metres
(19.7 ft) and in the case of a corner lot, no means of ingress or egress shall
be located within 15 metres (49.2 ft) of the intersection of the street lines,
or, where a corner is rounded, the points at which the extended street lines
meet.
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b)
For Accessory Buildings Not Attached to The Principal Building
Rear Yard (Minimum)
1.5 metres (4.9 ft)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft)
Exterior Side Yard (Minimum)
8 metres (26.2 ft)
Building Height (Maximum)
5 metres (16.41 ft)
Gross Floor Area for Access Only
Single Detached Dwelling
92.9 m² (1,000 sq. ft)
c)
For Lands Abutting a Residential Zone or Residential Use
i)
Notwithstanding the provisions of subsection 18.3, where a rear yard
and/or an interior side yard abuts a residential zone or any existing
residential use, then such interior side yard shall be a minimum of 5
metres (16.4 ft.) and such rear yard shall be a minimum of 10 metres
(32.8 ft.). The 3 metre (9.8 ft.) strip immediately adjacent to the rear
and/or interior side lot lines shall be landscaped.
ii)
Water oriented commercial uses such as marinas or docks shall be
located a minimum of 60 metres (196.9 ft.) from the nearest residential
zone or use.
d)
Additional Zone Regulations for A Marina
i)
Notwithstanding the provisions of subsection 18.3, a marina use shall
be subject to the following special provisions in addition to all other
applicable provisions of this By-law.
ii)
Where a rear yard and interior side yard abuts a navigable body of
water, then such rear yard and/or interior side yard may be reduced to
zero metres.
iii)
No entrance channel, turning basin, dock or boat mooring area shall be
located closer than 60 metres (196.9 ft.) to a residential zone, a
residential use, or a street line.
iv)
Facilities for the refuelling of marine craft shall be provided at a separate
pier or dock area from boat mooring facilities.
v)
Catwalks shall have a minimum width of .6 metres (2 ft.) and boat
mooring docks shall have a minimum width of 1.2 metres (3.9 ft.).
vi)
A minimum of one parking space shall be provided for every two boat
slips.
e)
Additional Zone Regulations for A Tent and/or Travel Trailer Park
Notwithstanding the provisions of subsection 18.3, a tent and/or travel trailer
park use shall be subject to the following special provisions in addition to all
other applicable provisions of this By-law:
Lot Area (Minimum)
4.0 hectares (9.9
acres)
The minimum distance of buildings or structures or a tent or travel trailer
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site from any lot line shall be 15 metres (49.2 ft)
The minimum distance of buildings or structures or a tent or travel trailer
site from the centre of road allowance shall be 25 metres (82.0 ft)
Travel Trailer Park Density (Maximum)
30 trailers per gross
hectare to a maximum
of 50 sites
Travel Trailer Site Area (Minimum)
200 m² (2,142.8 sq.
ft)
Travel Trailer Site Frontage (Minimum)
6 metres (19.7 ft)
Building Height (Maximum)
4.5 metres (14.8 ft)
Maximum Number of Travel Trailers on a Travel
Trailer Site
1 travel trailer
Travel Trailer Park Usable Waterfront (Minimum)
2 m/site (6.68ft/site)
Lot Coverage (Maximum)
25 percent
No campsite, building or structure except a marine facility for launching
and/or servicing of boats or a water pump house is permitted within 30
metres (98.4 ft) of the highwater mark of any water body
The creations of a new tent and trailer park or the expansion of an existing
park shall require an amendment to this by-law
No campsite, building or structure, except a marine facility for launching
and/or servicing of boats, shall be permitted within 30 metres of the high-
water mark of any water feature
A tent and trailer park located in the Waterfront area shall provide a
waterfront amenity area of not less than the greater of 30 metres or 2
metres of waterfront for each site but shall not exceed 35% of the shoreline
frontage. The remaining 65% of the shoreline shall be maintained in an
undisturbed natural state.
f)
Additional Zone Regulations for Hotels, Motels & Rental Cabins
Notwithstanding the provisions of subsection 18.3, motels, hotels and/or rental
cabin uses shall be subject to the following special provisions in addition to all
other applicable provisions of this By-law.
Lot Area (Minimum)
2.0 hectares (4.9
acres)
Maximum Density
1 unit/4,000 m²
(43,057.1 sq. ft) to a
maximum of 50 units
No campsite, building or structure except a marine facility for launching
and/or servicing of boats or a water pump house is permitted within 30
metres (98.4 ft) of the highwater mark of any waterbody
No building, structure, septic tank, or tile field, except a pump house or
marine facility for the launching and/or servicing of boats shall be located
closer than 30 metres to the highwater mark of any watercourse
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18.4 GENERAL PROVISIONS
All other special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land lot, building, structure or use within the RRC -
Recreational/Resort Commercial Zone.
18.5 SPECIAL RRC - RECREATIONAL/RESORT COMMERCIAL ZONES
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SECTION 19 - UI - URBAN INDUSTRIAL ZONE
19.1 Within a UI - Urban Industrial Zone, no person shall use any land, erect, alter, enlarge,
use, or maintain any building or structure for any use other than as permitted in this
section and such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
19.2 PERMITTED USES
1)
a manufacturing, processing, or warehousing undertaking including storage
and self-storage warehousing,
2)
a workshop for the repair, processing, or treatment of small goods and wares,
and any other service industries,
3)
an automobile body shop,
4)
a yard for the open or concealed storage of goods or materials,
5)
a machine or welding shop,
6)
a motor vehicle repair garage,
7)
a lumber yard,
8)
a research facility,
9)
a merchandising service shop,
10)
a transport terminal or yard,
11)
any business, administrative or professional offices accessory to a permitted
industrial use, including a union hall,
12)
a builder's supply outlet,
13)
an accessory dwelling unit for a caretaker or security guard, in accordance with
the provisions of Section 5.19,
14)
an accessory building or use to the above uses including a retail outlet for the
purpose of selling goods manufactured, stored and/or assembled on the
premises, provided such outlet is part of the principal building, and occupies
not more than five (5) percent of the gross floor area of the principal building.
19.3 ZONE REGULATIONS
a)
For All Principal Buildings or Uses
Lot Area (Minimum)
4,000 m² (43,057.1 sq. ft)
Lot Frontage (Minimum)
45 metres (147.6 ft)
Front Yard (Minimum)
8 metres (26.2 ft)
Rear Yard (Minimum)
8 metres (26.2 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
8 metres (26.2 ft)
Lot Coverage (Maximum)
40 percent
Building Height (Maximum)
15 metres (49.2 ft)
Off-Street Parking shall be provided in accordance with Section 5.30
Off-Street Loading Facilities shall be provided in accordance with Section
5.31
A sight triangle of 15 metres (49.2 ft) shall be provided on a corner lot
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b)
For Accessory Buildings Not Attached to The Principal Building
Rear Yard (Minimum)
1.5 metres (4.9 ft)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft)
Exterior Side Yard (Minimum)
8 metres (26.2 ft)
Building Height (Maximum)
5 metres (16.41 ft)
c)
For Lands Abutting a Residential Zone or Residential Use
Notwithstanding the provisions of this section, where an interior side yard
and/or rear yard abuts a residential zone then such interior side yard and/or
rear yard shall be a minimum of 22 metres (72.2 ft.). These 22 metres (72.2
ft.) area shall be maintained in an open space condition and the open storage
of goods or materials shall not be permitted within these 22 metres (72.2 ft.)
area.
d)
For Lands Abutting a Public or Private Road Allowance or Opposite a
Residential Zone
Where any lot line in an UI Zone abuts a public road allowance or a private road
allowance or where the lot on the opposite side of a street or a public or private
road allowance is in a residential zone, a buffer planting strip adjoining such
abutting lot line shall be provided on the UI Zone lot.
Contents
The buffer/planting strip shall consist of an earth berm and/or a continuous
unpierced hedgerow of tree, evergreens, or shrubs, not less than 2.0 metres
(6.6 ft.) high and 3 metres (9.8 ft.) wide immediately adjoining the lot line or
portion thereof along which such planting strip is required. The earth berm
shall not be greater than a 3:1 slope.
Maintenance
A buffer/planting strip shall be planted, nurtured, and maintained by the owner
or owners of the lot on which the strip is located.
Landscaped Open Space
A buffer/planting strip referred to in this subsection may form a part of any
landscaped open space required by this By-law.
Interruption for Driveways or Pedestrian Walks
In all cases where ingress and egress driveways or walks extend through a
buffer/planting strip or it shall be permissible to interrupt the strip within 3
metres (9.8 ft.) of the edge of such driveway or within 1.5 metres (4.9 ft.) of
the edge of such walk.
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19.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the UI - Urban Industrial Zone.
19.5 SPECIAL UI - URBAN INDUSTRIAL ZONES
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SECTION 20 - RI - RURAL INDUSTRIAL ZONE
20.1 Within a RI - Rural Industrial Zone, no person shall use any land, erect, alter, enlarge,
use, or maintain any building or structure for any use other than as permitted in this
section and such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
20.2 PERMITTED USES
1)
a cartage, express or truck terminal,
2)
a cheese factory,
3)
an outside storage uses,
4)
a fuel storage tank depot,
5)
an agricultural equipment supply and repair outlet,
6)
a woodworking shop/showroom,
7)
a contractor's yard,
8)
a canning factory,
9)
a bulk storage yard,
10)
an automobile repair garage,
11)
a lumber mill, sawmill and a planing mill, dry kiln, chipper, repair depot,
12)
a feed and seed mill,
13)
a merchandise service shop,
14)
a machine shop,
15)
a warehouse,
16)
an assembly operation,
17)
a retail and/or wholesale building supply outlet,
18)
a factory outlet,
19)
an accessory dwelling or dwelling unit for a caretaker or security guard, in
accordance with the provisions of Section 5.19,
20)
an accessory building or use to the above uses including a bank, a cafeteria,
and a retail outlet for the purpose of selling goods manufactured, stored and/or
assembled on the premises, provided such outlet is part of the principal
building, and occupies not more than five (5) percent of the gross floor area of
the principal building.
20.3 ZONE REGULATIONS
a)
For All Principal Buildings or Uses
Lot Area (Minimum)
4,000 m² (43,057.1 sq. ft)
Lot Frontage (Minimum)
45 metres (147.6 ft)
Front Yard (Minimum)
8 metres (26.2 ft)
Rear Yard (Minimum)
8 metres (26.2 ft)
Interior Side Yard (Minimum)
3 metres (9.8 ft)
Exterior Side Yard (Minimum)
8 metres (26.2 ft)
Lot Coverage (Maximum)
40 percent
Building Height (Maximum)
15 metres (49.2 ft)
Off-Street Parking shall be in accordance with Section 5.31
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b)
For Accessory Buildings Not Attached to The Principal Building
Rear Yard (Minimum)
1.5 metres (4.9 ft)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft)
Exterior Side Yard (Minimum)
8 metres (26.2 ft)
Building Height (Maximum)
5 metres (16.41 ft)
c)
For Open Storage
The outdoor storage of goods or merchandise for sale to the public shall only
be permitted in conjunction with the following uses:
i)
an agricultural equipment sales and repair establishment,
ii)
an automobile sales outlet,
iii)
a building supply outlet,
iv)
an equipment rental establishment,
v)
a motorcycle, boat or snowmobile sales and repair establishment,
vi)
a garden centre.
d)
For Lands Abutting a Residential Zone or A Residential Use
Notwithstanding the provisions of this section, where an interior side yard
and/or rear yard abuts a residential zone or residential use then such interior
side yard and/or rear yard shall be a minimum of 22 metres (72.2 ft.). These
22 metres (72.2 ft.) area shall be maintained in an open space condition and
no open storage of goods or material shall be permitted within these 22 metres
(72.2 ft.) area.
e)
For Lands Abutting a Public or Private Road Allowance or Opposite a
Residential Zone
Where any lot line in a Rural Industrial (RI) Zone abuts a public or private road
allowance or where the lot on the opposite side of a street or a public or private
road allowance is in a residential zone, a buffer planting strip adjoining such
abutting lot line shall be provided on the Rural Industrial (RI) Zone lot.
i)
Contents
The buffer/planting strip shall consist of an earth berm and/or a
continuous unpierced hedgerow of tree, evergreens, or shrubs, not less
Off-Street Loading Facilities shall be provided in accordance with Section
5.32
A sight triangle of 15 metres (49.2 ft) minimum shall be provided on a
corner lot
Open Storage uses shall be set back in accordance with the minimum yard
provisions set out in this subsection and where accessory to a principal
Rural Industrial Use, no open storage use shall be permitted in any front or
exterior side yard.
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than 2.0 metres (6.6 ft.) high and 3 metres (9.8 ft.) wide immediately
adjoining the lot line or portion thereof along which such planting strip
is required. The earth berm shall not be greater than a 3:1 slope.
ii)
Maintenance
A buffer/planting strip shall be planted, nurtured, and maintained by the
owner or owners of the lot on which the strip is located.
iii)
Landscaped Open Space
A buffer/planting strip referred to in this subsection may form a part of
any landscaped open space required by this By-law.
iv)
Interruption for Driveways or Pedestrian Walks
In all cases where ingress and egress driveways or walks extend through
a buffer/planting strip or it shall be permissible to interrupt the strip
within 3.0 metres (9.8 ft.) of the edge of such driveway or within 1.5
metres (4.9 ft.) of the edge of such walk.
20.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the RI - Rural Industrial Zone.
20.5 SPECIAL RI - RURAL INDUSTRIAL ZONES
20.5.1 RI-1 - Concession 1, Part Lot 6 - 251 Goods Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RC-4
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions:
1) To limit the permitted uses in the Rural Industrial (RI) zone to a metal roofing
business only
All other provisions of this by-law shall apply.
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SECTION 21 - MX - MINERAL EXTRACTIVE ZONE
21.1 Within a MX - Mineral Extractive Zone, no person shall use any land, erect, alter,
enlarge, use, or maintain any building or structure for any use other than as permitted
in this section and such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
21.2 PERMITTED USES
1) a pit or quarry, including drilling and blasting,
2) open space, conservation, forestry, and agricultural uses,
3) the processing of mineral aggregates, including aggregate crushing, screening, and
washing,
4) asphalt plants, ready-mix concrete plants, and aggregate transfer stations,
5) a single detached dwelling accessory to an agricultural use,
6) accessory buildings or uses to the above uses,
7) a wayside pit or quarry
21.3 ZONE REGULATIONS
a)
For Excavation Area and Storage Uses
Rear and Interior Side Lot Lines (Minimum)
15 metres (49.2 ft)
Front and Exterior Side Lot Lines (Minimum)
30 metres (98.4 ft)
Setback from residential, commercial, community
facility, or industrial zone or use (Minimum)
30 metres (98.4 ft)
Setback from any road right-of-way (Minimum)
30 metres (98.4 ft)
Setback from Natural Water Course
30 metres (98.4 ft)
b)
For Open and Enclosed Pit or Quarry Processing Operations
Rear and Interior Side Lot Lines (Minimum)
15 metres (49.2 ft)
Front and Exterior Side Lot Lines (Minimum)
30 metres (98.4 ft)
Setback from residential, commercial, community
facility or industrial zone or use (Minimum)
90 metres (295.3 ft)
Setback from any road right-of-way (Minimum)
30 metres (98.4 ft)
c)
For Accessory Buildings to Pit or Quarry Operations
All Yards (Minimum)
30 metres (98.4 ft)
Setback from residential, commercial, community
facility, or industrial zone or use (Minimum)
90 metres (295.3 ft)
Setback from any road right-of-way
30 metres (98.4 ft)
Maximum Height
5 metres (16.41 ft)
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d)
For Conservation, Forestry and Agricultural Uses
The zone regulations contained in Section 7 of this By-law shall apply.
e)
For Open Space Uses
The zone regulations contained in Section 27 of this By-law shall apply.
f)
Landscaping
A strip of land not less than 15 metres (49.2 ft.) in width shall be reserved for
landscaping purposes between any MX zone and any adjacent commercial,
community facility or industrial zone or use and along any adjacent street line
or lot line. Where an MX zone abuts a Residential Zone, or a roadway is the
only separation between two such areas, then no aggregate extraction use shall
be made of any kind within 30 metres (98.4 ft.) of the abutting lot line and no
parking use shall be made of any land within 7.5 metres (24.6 ft.) of the
abutting lot line. The intervening land shall be kept in an open space condition
with grass, trees and shrubs and retained as part of the normal operation of
the extraction activity.
21.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply where applicable to
any land, lot, building, structure, or use within the MX - Mineral Extractive Zone.
21.5 SPECIAL MX - MINERAL EXTRACTIVE ZONES
21.5.1 MX-1 - Concession 14, Lots 13 and 14
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MX-1
and shown on Schedule 'A' attached, the following special provisions shall apply:
Zone Provisions
1) setback for gravel extraction from residential use (minimum) shall be 210 m (700
ft.)
All other provisions of this by-law shall apply.
21.5.2 MX-2 - Concession 6, Part Lot 3 - 1281 Salem Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MX-2
and shown on Schedule 'D' attached, the following special provisions shall apply:
Zone Provisions
1) to prohibit residential uses on the property
All other provisions of this by-law shall apply.
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SECTION 22 - WD - WASTE DISPOSAL ZONE
22.1 Within a WD - Waste Disposal Zone, no person shall use any land, erect, alter, enlarge,
use, or maintain any building or structure of any use other than as permitted in this
section and such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
22.2 PERMITTED USES
1)
a sanitary landfill site,
2)
a sewage treatment plant,
3)
a sewage lagoon,
4)
a waste transfer station,
5)
a waste processing facility including the recycling and reprocessing of waste
materials into new products,
6)
a salvage yard,
7)
agricultural, open space, conservation and forestry uses, excluding dwellings,
8)
accessory buildings or uses to the above uses.
22.3 ZONE REGULATIONS
a)
For Agricultural, Conservation and Forestry Uses
The zone regulations of Section 7 of this By-law shall apply.
b)
For Open Space Uses
The zone regulations of Section 27 of this By-law shall apply.
c)
For a Salvage Yard
Lot Area (Minimum)
2 hectares (4.9 acres)
Lot Frontage (Minimum)
60 metres (196.6 ft)
Yard Requirements
15 metres (49.2 ft)
Lot Coverage (Maximum)
40 percent
A strip of land not less than 15 metres (49.2 ft.) in width shall be reserved
for landscaping purposes between any salvage yard site and any adjacent
community facility, commercial or industrial zone or use, and along any
adjacent street line or adjoining lot line. Where a salvage yard site abuts a
residential zone or use or a roadway is the only separation between two such
areas, then no salvage yard use of any kind shall be made within 30 metres
(98.4 ft.) of the adjacent lot line. The land reserved for landscaping purposes
shall be kept in an open space condition with grass, trees and shrubs and
maintained as part of the normal operation of the salvage yard activity.
No land shall be used for the storage or mechanized processing of goods,
wares, merchandise, articles, or things within 300 metres (984.3 ft.) of any
residential or commercial zone or use, nor closer than 100 metres (328.1
ft.) to a lot line or a street line. Without limiting the generality of this
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subsection, mechanized processing includes the use of machinery or
equipment to crush, compact, separate, refine, incinerate, or similarly treat
goods, wares, merchandise, articles, or things.
The salvage yard site shall be sufficiently screened by a fence, a berm, or a
combination of the two so that waste materials being stored or processed on
the site are not visible from adjacent roads. The screening shall extend a
minimum of 3 metres (9.8 ft.) above grade or to a height equal to that of the
goods, wares, merchandise, articles, or things being stored or processed
within the salvage yard site, whichever is the greater. All fences shall be
constructed of an opaque material and shall be painted or otherwise
preserved and kept painted from time to time, to maintain the fences in good
condition.
An accessory weighing scale and recording office shall be permitted no closer
than 30 metres (98.4 ft.) to a street line.
A salvage yard site shall not be located on land covered by water or subject
to flooding and shall be so located that no direct drainage leads to a
watercourse.
No open burning shall be permitted.
Prior to the storage or processing of any goods, wares, merchandise, articles,
or things all fluids shall be drained and disposed of in a manner approved by
the Ministry of the Environment if they are not stored for the purposes of
resale.
d)
For All Other Waste Disposal Uses
i)
No person, including the municipality, shall establish, alter, enlarge, or
extend a sanitary landfill site, a sewage treatment plant, a sewage
lagoon, a transfer station, or a waste processing facility unless a
Provincial Certificate of Approval has been issued by the Ministry of the
Environment and Energy.
ii)
All waste disposal sites shall be established and operated in accordance
with the requirements of the Environmental Protection Act and the
Environmental Assessment Act.
iii)
A strip of land not less than 15 metres (49.2 ft.) in width shall be
reserved for landscaping purposes between any sanitary landfill site,
sewage treatment plant, sewage lagoon, transfer station or waste
processing facility and any adjacent commercial, community facility or
industrial zone or use and along any adjacent street line or adjoining lot
line. Where such uses abut a residential zone or an existing residential
use or a roadway is the only separation between two such areas, then
no waste disposal use shall be made of any kind within 30 metres (98.4
ft.) of the abutting lot line. The land reserved for landscaping purposes
shall be kept in an open space condition with grass, trees, and shrubs
and maintained as part of the normal operation of the waste disposal
activity.
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22.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the WD - Waste Disposal Zone.
22.5 SPECIAL WD - WASTE DISPOSAL ZONES
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SECTION 23 - CF - COMMUNITY FACILITY ZONE
23.1 Within an CF - Community Facility Zone, no person shall use any land, erect, alter,
enlarge, use, or maintain any building or structure for any use other than as permitted
in this section and such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
23.2 PERMITTED USES
1)
any undertaking established or maintained by a governmental board, authority,
agency, or commission,
2)
a place of worship, with accessory uses including a cemetery and a dwelling
unit,
3)
a cemetery,
4)
any undertaking of a utility company, such as a natural gas company or
telephone company,
5)
a school,
6)
a commercial or private club or fraternal arena lodge,
7)
a public or private hospital,
8)
a community centre,
9)
a nursing home or extended care facility,
10)
a nursery school,
11)
a library,
12)
an elderly person's centre,
13)
a public park,
14)
any other institutional or community facility use,
15)
charitable camp,
16)
museum or art gallery,
17)
a fairground,
18)
an accessory building or use to the above uses.
23.3 ZONE REGULATIONS
a)
For All Principal Buildings
Lot Area (Minimum)
4,000 m² (43,057.1 sq ft)
Lot Frontage (Minimum)
45 metres (147.6 ft)
Front Yard (Minimum)
10 metres (32.8 ft)
Rear Yard (Minimum)
10 metres (32.8 ft)
Interior Side Yard (Minimum)
7.5 metres (24.6 ft)
Exterior Side Yard (Minimum)
10 metres (32.8 ft)
Lot Coverage (Maximum)
40 percent
Building Height (Maximum)
15 metres (49.2 ft)
Off-Street Parking shall be provided in accordance with Section 5.31
b)
For Accessory Buildings Not Attached to The Principal Building
Rear Yard (Minimum)
1.5 metres (4.9 ft)
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Interior Side Yard (Minimum)
1.5 metres (4.9 ft)
Exterior Side Yard (Minimum)
10 metres (32.8 ft)
Building Height (Maximum)
5 metres (16.41 ft)
c)
For Lands Abutting a Residential Zone or Residential Use
Notwithstanding the provisions of subsection 26.3, where a rear yard and/or
interior side yard abuts a residential zone or existing residential use then such
interior side yard shall be a minimum of 10 metres (32.8 ft.) and such rear yard
shall be a minimum of 15 metres (49.2 ft.). The 1 metre (3.3 ft.) strip
immediately adjacent to the rear yard and/or interior side yard shall be
landscaped.
23.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the CF - Community Facility Zone.
23.5 SPECIAL CF - COMMUNITY FACILITY ZONES
23.5.1 CF-1 - 437 West Front Street
Notwithstanding any provisions of this by-law to the contrary, on lands zoned CF-1
and shown on Schedule 'E' attached, the following special provisions shall apply:
Zone Provisions
3) development shall be permitted on a private sanitary sewage disposal system.
All other provisions of this by-law shall apply.
23.5.2 CF-2 - 97 Edward Street
Notwithstanding any provisions of this by-law to the contrary, on lands zoned CF-2
and shown on Schedule 'E' attached, the following special provisions shall apply:
Zone Provisions
33) reduce lot area to approximately 0.56 acres, setbacks, and parking requirements
for an existing church
All other provisions of this by-law shall apply.
23.5.3 CF-3 - Concession 8, Part Lot 4 - 991 Cooke Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned CF-3
and shown on Schedule 'B' attached, the following special provisions shall apply:
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Zone Provisions
4) to permit the construction of a school house for Amish Children
All other provisions of this by-law shall apply.
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SECTION 24 - GH - GROUP HOME ZONE - REPEALED 1463-21
24.1 Within a GH - Group Home Zone, no person shall use any land, erect, alter, enlarge,
use, or maintain any building or structure of any use other than as permitted in this
section and such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
24.2
PERMITTED USES
1) A group home that is licenced by the Ministry of Community and Social Services
24.3
ZONE REGULATIONS
a) For All Principal Buildings or Uses
1) The establishment of a new or the expansion of an existing group home
shall be by amendment to this by-law to a Group Home Zone.
2) A group home shall comply with the zone requirements of the appropriate
residential zone for the dwelling type being occupied.
-
Dwelling Type:
-
A single detached dwelling unit;
-
A converted single detached dwelling unit;
-
A semi-detached dwelling (both units);
-
A duplex (both units).
-
Occupancy
A group home shall occupy the whole of the residential dwelling
-
Minimum Floor Area (including staff and/or receiving family) shall be:
-
18 square metres of gross floor area per adult resident'
-
9 square metres of gross floor area per child resident.
-
Minimum Rear Yard Amenity Area:
There shall be a minimum rear yard amenity area of 14 square metres (494
sq. ft.) for each group home resident, exclusive of staff or receiving family,
and not less than a total of 100 square metres (3,531 sq. ft.) for each group
home
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-
Minimum Distance Separation
A group home shall be located at least 500 metres (1,640 ft.) from any
other group home.
-
Parking
In addition to the minimum parking requirements of Section 5.31, one
additional parking space shall be provided for each attendant or staff
member who resides outside of the group home.
b) For Accessory Buildings Not Attached to the Principal Building
1) An accessory building shall comply with the accessory building requirements
of the zone in which it is being established.
24.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the GH - Group Home Zone.
24.5
SPECIAL GH - GROUP HOME ZONES
24.5.1 GH-1 - 948 Wingfield Road - REPEALED 1463-21
Notwithstanding any provisions of this by-law to the contrary, on lands zoned GH-1
and shown on Schedule 'C' attached, the following special provisions shall apply:
Zone Provisions
1) Exclusively permit the provision of residential support for individuals with autism
spectrum disorder as licenced by the Ministry of Community and Social Services.
All other provisions of this by-law shall apply.
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SECTION 25 - OS - OPEN SPACE ZONE
25.1 Within an OS - Open Space Zone, no person shall use any land, erect, alter, enlarge,
use, or maintain any building or structure for any use other than as permitted in this
section and such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
25.2 PERMITTED USES
1) open space and conservation use, including forestry, reforestation and other
activities connected with the conservation of soil and wildlife,
2) agricultural uses but not intensive agricultural uses,
3) a fairground,
4) a woodlot,
5) a public or private park, conservation area, playground, roadside park, public boat
launch or swimming or picnicking area, playing field, recreational trail, swimming
pool, wading pool, beach, picnic area, bandstand, skating rink, tennis court,
bowling green, golf course or other similar outdoor recreational uses, both passive
and active,
6) a tent and/or travel trailer park, in accordance with the provisions of subsection
25.3 below,
7) an accessory dwelling or dwelling unit for a caretaker or security guard, in
accordance with the provisions of Section 5.19 of this By-law,
8) an accessory building or use to the above uses, including an accessory commercial
building or use to serve an open space use.
25.3 ZONE REGULATIONS
a)
For All Uses Except a Tent and/or Travel Trailer Park
The minimum distance of buildings or structure from any lot line shall be 10 metres
(32.8 ft.).
The minimum distance of buildings or structures from the centre line of any road
shall be 30 metres (98.4 ft.).
Building Height (Maximum)
6 metres (19.7 ft)
Lot Coverage (Maximum)
50 percent
b)
For Tent and/or Travel Trailer Parks
The applicable provisions of Section 18 of this By-law shall apply.
25.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the OS - Open Space Zone.
25.5 SPECIAL OS - OPEN SPACE ZONES
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SECTION 26 - EPW - ENVIRONMENTAL PROTECTION WETLAND ZONE
26.1 Within an EPW - Environmental Protection Wetland Zone, no person shall use any land,
erect, alter, enlarge, use, or maintain any building or structure for any use other than
as permitted in this section and such use, building or structure shall be in accordance
with the regulations contained or referred to in this section.
26.2 PERMITTED USES
1)
a conservation use excluding any buildings,
2)
a use that was in existence on or before the date of passage of the Zoning By-
law,
3)
a building or structure required by a public authority for flood or erosion control
or for conservation or wildlife management purposes,
4)
an accessory use to the above uses, excluding any buildings,
5)
hunting, but not hunt camps,
6)
fishing.
26.3 ZONE REGULATIONS
a)
All applications for development adjacent to EPW lands shall be dealt with on a
site-by-site basis, at the time of application.
b)
Additional zone regulations shall be established by the municipality at the time
of application in consultation with the Conservation Authority and the Ministry
of Natural Resources.
c)
The appropriate setback from wetland shall be 30 metres (98.4 ft.).
26.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the EPW - Environmental Protection
Wetland Zone.
26.5 SPECIAL EPW - ENVIRONMENTAL PROTECTION WETLAND ZONES
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SECTION 27 - EP - ENVIRONMENTAL PROTECTION ZONE
27.1 Within an EP - Environmental Protection Zone, no person shall use any land, erect,
alter, enlarge, use, or maintain any building or structure for any use other than as
permitted in this section and such use, building or structure shall be in accordance
with the regulations contained or referred to in this section.
27.2 PERMITTED USES
1)
conservation uses, including forestry, reforestation and other activities
connected with the conservation of soil and wildlife,
2)
agricultural uses,
3)
a conservation area, excluding any buildings,
4)
a use that was in existence on or before the date of passage of this by-law,
5)
a building or structure required by a public authority for flood or erosion control
or for conservation or wildlife management purposes,
6)
passive outdoor recreational uses,
7)
public and private parks, excluding any buildings,
8)
an accessory use to the above uses, excluding any buildings, subject to the
approval of Council in consultation with the Conservation Authority and the
Ministry of Natural Resources.
27.3 ZONE REGULATIONS
a)
The minimum distance of buildings or structure from any lot line shall be 10
metres (32.8 ft.).
b)
The minimum distance of buildings or structures for the centreline of any road
shall be 20 metres (65.6 ft.).
c)
The minimum separation distance between buildings and Environmental
Protection lands shall be 15 metres (49.2 ft.).
d)
The minimum setback from the highwater mark of any lake, river, creek, or
stream shall be 30 metres (98.4 ft.).
e)
Building Height (Maximum) shall be 6 metres (19.6 ft.)
27.4 GENERAL PROVISIONS
All special provisions of Section 5 General Provisions shall apply, where applicable, to
any land, lot, building, structure or use within the EP - Environmental Protection Zone.
27.5 SPECIAL EP - ENVIRONMENTAL PROTECTION ZONES
27.5.1 EP-1 - 17 East Front Street
Notwithstanding any provisions of this by-law to the contrary, on lands zoned EP-1 and
shown on Schedule 'E' attached, the following special provisions shall apply:
Permitted Uses
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The following shall be the only permitted uses:
1)
business or professional office;
2)
no expansion of the existing building shall be permitted without the approval
of the local Conservation Authority.
All other provisions of this by-law shall apply.
TOWNSHIP OF STIRLING-RAWDON
ZONING BY-LAW 320-03