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TAY VALLEY TOWNSHIP
ZONING BY-LAW NO. 02-121
December 10, 2002
TAY VALLEY TOWNSHIP
217 Harper Road, R.R. No. 4
Perth, Ontario K7H 3C6
tel:(613)267-5353
fax:(613)264-8516
www.tayvalleytwp.ca
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Prepared by:
NOVATECH ENGINEERING CONSULTANTS LTD.
Consulting Engineers and Planners
Suite 200, 240 Michael Cowpland Drive
Ottawa, Ontario K2M 1P6
tel: (613) 254-9643
fax:(613)254-5867
www.novatech-eng.com
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THE CORPORATION OF
TAY VALLEY TOWNSHIP
BY-LAW NO. 02-121
i A by-law to regulate the use of lands and the character,
location and the use of buildings and structures in Tay Valley Township
WHEREAS the Planning Act, R.S.O., J 990, Chapter P. 13, as amended, provides that the council of
a municipal corporation may pass by-laws to regulate the use of land and the character, location,
density, size and use of buildings and structures;
NOW THEREFORE, the Council of the Corporation ofTay Valley Township enacts as follows:
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THE CORPORATION OF
TAY VALLEY TOWNSHIP
BY-LAW NO. 02-121
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SECTION 1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
TABLE OF CONTENTS
APPLICATION AND INTERPRETATION.
Title of By-law.
Scope of By-law.
Interpretation of By-law.
PAGE
.1
.1
.1
.1
Schedules to By-\aw.................................................................................................2
Zoning Administrator...............................................................................................2
Issuance of Building Permits and Licences.............................................................^
Certificate of Occupancy.........................................................................................^
Request for Amendment to Zoning By-law............................................................^
Inspection................................................................................................................^
Violations and Penalties...........................................................................................3
Remedies..................................................................................................................3
Validity.....................................................................................................................3
Typographical Corrections.......................................................................................3
Existing By-laws......................................................................................................3
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SECTION 2 DEFINITIONS.......................................................................................................4
SECTIONS GENERAL PROVISIONS..................................................................................17
3.1 Accessory Uses ......................................................................................................17
3.2 Existing Non-Complying Lots...............................................................................17
3.3 Front Yard Reductions Within Hamlets ................................................................18
3.4 Frontage on an Improved Street.............................................................................18
3.5 Group Homes.........................................................................................................18
3.6 Height Exceptions..................................................................................................18
3.7 Home-based Businesses......................................................................................... 19
3.8 Loading Requirements...........................................................................................20
3.9 Lots Containing More Than One Use....................................................................20
3.10 Lots Divided into More Than One Zone................................................................21
3.11 Moving of Buildings..............................................................................................21
3.12 Non-Conforming Uses and Non-Complying Uses, Buildings and Structures......^!
3.13 Occupancy of Vehicles ..........................................................................................22
3.14 Open Storage..........................................................................................................23
3.15 Parking Requirements............................................................................................23
3.16 Pits, Quarries, Wayside Pits, Wayside Quarries and Portable Asphalt Plants.......26
3.17 Public Uses.............................................................................................................26
3.18 Residential Separation Distances From Other Land Uses .....................................26
3.19 Setbacks from Environmental Protection (EP) Zones ...........................................26
3.20 Sewage Disposal Systems and the Applicability of this By-law...........................^?
3.21 Shoreline Occupancy.............................................................................................27
3.22 Sight Triangles.......................................................................................................27
3.23 Street Setbacks.......................................................................................................27
3.24 Temporary Uses.....................................................................................................27
3.25 Through Lots..........................................................................................................28
3.26 Water Setbacks.......................................................................................................28
3.27 Yard and Water Setback Encroachments...............................................................28
SECTION 4 ZONES..................................................................................................................29
4.1 General..................................................................................................................^
4.2 Zones and Zone Symbols.......................................................................................29
4.3 Boundaries of Zones ..............................................................................................30
4.4 Holding Zones........................................................................................................30
4.5 Special Zones.........................................................................................................31
4.6 Temporary Zones...................................................................................................31
SECTION 5 RESIDENTIAL ZONES .....................................................................................32
5.1 General Residential (R)..........................................................................................32
5.2 Seasonal Residential (RS)......................................................................................34
5.3 Limited Services Residential (RLS) ......................................................................35
5.4 Mobile Home Park Residential (RMH) .................................................................36
SECTION 6 COMMERCIAL ZONES....................................................................................37
6.1 General Commercial (C)........................................................................................37
6.2 Local Commercial (CL) ........................................................................................39
6.3 Tourist Commercial (CT) ......................................................................................41
SECTION? INDUSTRIAL ZONES........................................................................................43
7.1 General Industrial (M) ...........................................................................................43
7.2 Salvage Industrial (MS) .........................................................................................45
7.3 Disposal Industrial (MD) .......................................................................................46
SECTIONS INSTITUTIONAL ZONES.................................................................................47
8.1 Institutional (I) .......................................................................................................47
SECTION 9 OPEN SPACE ZONES........................................................................................48
9.1 Open Space (OS)....................................................................................................48
SECTION 10 RURAL ZONES...................................................................................................50
10.1 Rural (RU) .............................................................................................................50
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SECTION 11 AGMCULTUREZONES..................................................................................^
11.1 Agriculture (A).......................................................................................................52
SECTION 12 MINERAL RESOURCE ZONES ......................................................................54
12.1 Mineral Aggregate Extraction (EX).......................................................................54
SECTION 13 NATURAL HEMTAGE ZONES.......................................................................56
13.1 Environmental Protection (EP)..............................................................................56
SECTION 14 NATURAL HAZARD ZONES...........................................................................57
14.1 Flood Plain (FP).....................................................................................................57
SECTION 15 APPROVAL
SCHEDULES
Al - Bathurst Ward
A2 - Burgess Ward
A3 - Sherbrooke Ward
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Toy Valley Township
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SECTION 1 - APPLICATION & INTERPRETATION
1.1 Title of By-law
This By-law may be cited as the "Zoning By-law" ofTay Valley Township.
1.2 Scope of By-law
1. The provisions of this By-law shall apply to all lands within the geographic limits of
the Corporation ofTay Valley Township, as shown on Schedules Al, A2 and A3
attached hereto.
2. No building or stmcture shall hereafter be erected, altered or enlarged, nor shall the
use of any building, structure or lot hereafter be changed, in whole or in part, except
in conformity with the provisions of this By-law.
3. Nothing in this By-law shall prevent the use of any lot, building or structure for any
purpose prohibited by this By-law if such lot, building or structure was lawfully used
for such purpose on the date of passing of this By-law, provided that it continues to
be used for such purpose.
4. Nothing in this By-law shall prevent the erection of any building or structure for a
purpose prohibited by this By-law if the plans for such building or structure were
approved by the Chief Building Official prior to the date of passing of this By-law,
provided that:
When the building or structure is erected, it continues to be used for the
purpose for which the building permit was issued; and
The building or structure is commenced within six (6) months of the date of
the passing of this By-law and is completed within a reasonable time of the
commencement.
5. This By-law shall not be effective to reduce or mitigate any restrictions imposed by a
governmental authority having jurisdiction to make such restrictions.
6. All references to Provincial Acts or Regulations shall refer to the current Act or
Regulation. All references to the Planning Act shall refer to the Planning Act,
R.S.O., 1990, Chapter P. 13, as amended.
1.3 Interpretation of By-law
1. In this By-law, unless the context requires othenvise, words used in the singular shall
include the plural and words used in the plural shall include the singular.
2. In this By-law, the word "shall" is mandatory and "may" is permissive.
3. In this By-law, unless the context requires otherwise, the word "used" shall include
Zoning By-law No. 02-121 Page I
Tay Valley Township
"designed to be used" and "arranged to be used", and the word "occupied" shall
include "designed to be occupied" and "arranged to be occupied".
1.4 Schedules to By-law
The following schedules which are attached hereto are hereby incorporated into and are
declared to form part of this By-law to the same extent as if fully described herein:
Schedule Al - Bathurst Ward
Schedule A2 - Burgess Ward
Schedule A3 - Sherbrooke Ward
1.5 Zoning Administrator
This By-law shall be administered by the Zoning Administrator.
1.6 Issuance of Building Permits, Certificates and Licenses
1. Notwithstanding any provisions of the Building By-law or any other by-law of the
Corporation to the contrary, no building permit, certificate or license shall be issued
where the proposed building, structure or use would be in violation of any of the
provisions of this By-law.
2. Notwithstanding the generality of (1) above, where the approval of another agency or
authority is required, this shall mean that the approval of such shall be obtained by
the applicant and submitted to the Zoning Administrator at such time as an
application is made for a building permit.
1.7 Certificate of Occupancy
No change shall be made in the type of use of land, buildings or structures within any zone
without first obtaining a Certificate of Occupancy from the Corporation, pursuant to the
Township's Occupancy Permit By-law.
1.8 Request for Amendment to Zoning By-law
Every request for an amendment to this Zoning By-law shall be accompanied by the
Corporation's "Application for an Amendment to Zoning By-law".
1.9 Inspection
The Zoning Administrator, the Chief Building Official or any other officer or employee of
the Corporation acting under the direction of Council is hereby authorized to enter at all
reasonable hours upon any property or premises for the purpose of carrying out his duties
under this By-law. Notwithstanding the foregoing, a dwelling unit shall not be entered
without the consent of the occupant except under the authority of a search warrant.
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Zoning By-law No. 02-121
Tay Valley Township
1.10 Violations and Penalties
Any person convicted of a breach of any of the provisions of this By-law shall be liable to a
fine in accordance with the provisions of the Planning Act and every penalty shall be
recoverable under the Provincial Offences Act.
1.11 Remedies
Where any building or structure is to be erected or altered, or any part thereof is to be used,
or any lot is to be used, in contravention of this By-law, such contravention may be restrained
by action at the instance of any ratepayer or of the Corporation pursuant to the provisions of
the Planning Act or the Municipal Act.
1.12 Validity
If any section, clause or provision of this By-law, including anything contained in Schedules
Al, A2 and A3 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(s) so declared to be invalid. 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 effect until repealed, notwithstanding that one or
more provisions thereof shall have been declared to be invalid.
1.13 Typographical Corrections
No amendment to this By-law shall be required in order for the Corporation to make
typographical corrections such as spelling, punctuation and section numbering changes
where, in the opinion of the Corporation, such corrections do not affect the intent of the By-
law.
1.14 Existing By-laws
All other by-laws of the Corporation enacted pursuant to Section 34 or predecessors thereof
of the Planning Act are hereby repealed and, without limiting the generality of the foregoing,
existing by-laws that are repealed include:
By-law No. 88-22 of the former Township of South Sherbrooke;
By-law No. 90-03 of the former Township ofBathurst;
By-law No. 94-24 of the former Township of North Burgess; and
All by-laws of the former Township of South Sherbrooke, former Township of
Bathurst, former Township of North Burgess and Township of Bathurst Burgess
Sherbrooke which amend the foregoing by-laws.
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Zoning By-law No. 02-121
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Toy Valley Township
SECTION 2 - DEFINITIONS
For the purpose of this by-law, the definitions and interpretations in this section shall govern.
ACCESSORY shall mean a use, building or structure which is incidental, subordinate and
exclusively devoted to a main use and located on the same lot therewith.
AGGREGATE PROCESSING OPERATION shall mean a facility that processes material derived
from a pit or quarry and shall include activities such as screening, washing, crushing and associated
storage of raw or processed material.
AGRICULTURAL USE shall mean the use of land, buildings or structures for:
- Growing crops, including the storage and sale of crops produced;
- Raising, breeding, boarding, training, keeping and sale of livestock, including the raising and
sale offish;
- Collection, production, storage and sale of animal products such as milk, eggs, wool, fur or
honey;
Greenhouse or nursery garden, including storage and sale of products produced;
Planting, harvesting and sale of forest products;
- Use and storage of all equipment related to the foregoing activities, including a portable
sawmill.
Agricultural use shall not include commercial or industrial activities such as abattoirs, tanneries,
kennels or manufacturing activities involving crops, animal products or wood products.
AGMCULTURAL PRODUCTS PROCESSING FACILITY shall mean an establishment
engaged in the storage, grading, processing and wholesale distribution of agricultural products such
as meat, fish, poultry, eggs and dairy, vegetable, fruit, honey, wool, fur and wood products.
ALTER when used in reference to a building or part thereof, shall mean to change any one or more
of the internal or external dimensions of such building or to change the type of construction of the
exterior walls or roof thereof. When used in reference to a lot, the word "alter" shall mean the
change to the width, depth or area thereof or to change the width, depth or area of any required yard,
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.
ANTIQUE SHOP shall mean a retail store offering antiques, second hand goods and used
collectable items.
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ASPHALT PLANT shall mean a facility 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.
PORTABLE ASPHALT PLANT shall mean an asphalt plant which is not of permanent
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Zoning By-law No. 02-121
Tay Valley Township
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construction, but which is to be dismantled at the completion of the constmction project.
AUTOMOBILE BODY SHOP shall mean a building or part of a building used for the painting or
repairing of automobile bodies and chassis, provided that all activities shall be undertaken within an
enclosed building, and provided further that it shall not include a salvage yard.
AUTOMOBILE SERVICE STATION shall mean a building or place where automotive fuels,
lubricants or parts are kept for sale and/or where mechanical repairs to vehicles are performed and/or
where vehicles are washed or cleaned, but it shall not include a salvage yard.
BANK shall mean an establishment where money is deposited, kept, lent or exchanged or where
other retail financial services are provided and includes a chartered bank, trust company or similar
financial institution.
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BASEMENT shall mean that portion of the building between two floor levels which is partly
underground but, which has at least one-half(l/2) of its height from finished floor to finished ceiling
above adjacent finished grade as approved.
BED AND BREAKFAST shall mean a business conducted in a detached dwelling in which the
resident owner supplies for financial gain a maximum of three guest bedrooms for the purpose of
providing temporary lodging on a daily basis to the travelling public.
BOARDING HOUSE shall mean a dwelling in which the proprietor supplies for financial gain,
lodging with or without meals, but it does not include a bed and breakfast, hotel, hospital, foster
home, home for the aged or other establishment otherwise classified or defined in this By-law.
BUILDING shall mean any structure consisting of walls or columns and a roof which is used for the
shelter, accommodation or enclosure of persons, animals or chattels.
- ACCESSORY BUILDING shall mean a building customarily incidental and subordinate to
the main building and located on the same lot with such main building and not used for
human habitation.
MAIN BUILDING shall mean a building serving the principal or primary uses for which the
lots was purchased, leased or rented.
TEMPORARY BUILDING shall mean a building or structure intended for removal or
demolition within a prescribed time as set out in a building pennit.
BUILDING LINE shall mean a line within a lot drawn parallel to a lot line and establishing the
minimum distance between that lot line and any building or structure which may be erected.
BUILDING SUPPLY CENTRE shall mean an establishment engaged in the selling or installing of
building supplies including lumber, millwork, siding, roofing, plumbing, electrical, heating, air
conditioning and similar items.
CARPORT shall mean an attached or detached structure which is accessory to a dwelling and which
Zoning By-law No. 02-121
Page 5
Tay Valley Township
is covered but open on at least two sides and used for the sheltering of permitted vehicles and storage
of household equipment incidental to the residential occupancy.
CELLAR shall mean that portion of a building between two floor levels, which is partly
underground and which has more than one-half(l/2) of its height from finished floor to finished
ceiling below finished grade.
CEMETERY shall mean land used as a place of interment for the dead within the meaning of the
Cemeteries Act.
CHIEF BUILDING OFFICIAL shall mean the officer or employee of the Corporation charged
with the duty of enforcing the provisions of the Building by-law of the Corporation.
CLINIC shall mean a building or part thereof where health services are provided to the public in the
fonn of medical, paramedical, dental, surgical, physiotherapeutic or other human health services
including associated technician and laboratory facilities, and may also include an incidental
pharmaceutical outlet for the sale of prescription and therapeutic dmgs and medication and other
dmg store products, and optical equipment.
COMMERCIAL PARKING LOT shall mean the use of a vacant lot for parking as the principal or
main use.
COMMUNITY SERVICE shall mean the use of land, buildings or structures by a not-for-profit,
non-commercial body or society such as a service club or charitable organization for promoting
athletic, cultural, educational, health, recreational, social, philanthropic or other similar objectives.
CONCRETE PLANT shall mean a facility which produces concrete for immediate use in the
construction of buildings, structures, roadways, curbs, sidewalks and similar applications. It shall
also include a facility which manufactures finished concrete products.
CONSERVATION USE shall mean the preservation, improvement and enhancement of natural
resources or the natural environment.
CONTRACTOR'S YARD shall mean a yard where materials, equipment and vehicles are stored in
association with any building trade or contractor such as excavators, road builders, roofers,
landscapers, snow removal and similar contractors, but shall not include a salvage yard.
CORPORATION shall mean the Corporation ofTay Valley Township.
COUNCIL shall mean the Council of the Corporation of Tay Valley Township.
CUSTOM WORKSHOP shall mean a business in which an artist or craftsperson produces and sells
goods such as jewellery, leatherwork, wood crafts, metal crafts or pottery, or fine art such as
paintings and sculptures, in small quantity or on a custom order basis. A custom workshop does not
include any establishment where mass production of goods is carried on nor any shop or factory
otherwise defined in this by-law.
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Zoning By-law No. 02-121
Tay Valley Township
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DAY NURSERY shall mean a day care facility licensed under the Day Nurseries Act.
DWELLING shall mean a building occupied or capable of being occupied as the home or the
residence of one or more persons. This definition shall not include any vehicle defined herein.
ACCESSORY DWELLING shall mean a single dwelling which is accessory to a permitted
non-residential building which is located on the same lot therewith and is occupied either by
the family of the owner or by the family of a person employed on the lot where such dwelling
is located.
DUPLEX DWELLING shall mean a dwelling which is divided horizontally into two
dwelling units.
MULTIPLE DWELLING shall mean a dwelling which contains three or more dwelling
units.
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SEASONAL DWELLING shall mean a dwelling which contains one dwelling unit and
which is used for vacation, recreation, rest and relaxation purposes from time to time, but
which is not occupied or used as a year-round, permanent home or residence.
- SEMI-DETACHED DWELLING shall mean a dwelling which is divided vertically into
two dwelling units.
- SINGLE DWELLING shall mean a dwelling which contains only one dwelling unit.
DWELLING UNIT shall mean one or more habitable rooms designed for use and occupied by
persons in which separate kitchen and sanitary facilities are provided for the exclusive use of such
persons with an independent entrance from outside the building or from a common hallway or
stairway inside the building.
ACCESSORY DWELLING UNIT shall mean a dwelling unit which is part of and
accessory to a permitted non-residential building and which is occupied by the family of the
owner of such non-residential building or by the family of a person employed on the lot
where such dwelling unit is located.
EQUIPMENT RENTAL OUTLET shall mean the use of land and buildings for the rental of
equipment, machinery, furniture and fixtures which are primarily of a size and type which would be
used for home improvement or household purposes and which would generally be transportable by
the general public.
ERECT shall mean build, construct, reconstruct or relocate and shall include any preliminary
physical operations such as cutting, grading, excavating, filling, or draining or any altering of an
existing building by an addition, extension or other structural change or the doing of any work for
which a building permit is required under the building by-laws of the Corporation. The words
"erected" and "erection" shall have a corresponding meaning.
EXISTING shall mean existing as of the date of passing of this By-law.
Zoning By-law No. 02-121
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Tay Valley Township
FLOOD LINE shall mean the line showing the limit of the 1:100 year flood level as established by
flood plain mapping of the relevant Conservation Authority.
FLOOD PLAIN shall mean the area below the 1:100 year flood line.
FLOOR AREA shall mean:
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For a dwelling or dwelling unit, the total area of the storeys contained within the exterior
walls of the dwelling or dwelling unit, exclusive of any garage, carport, porch, veranda,
unfinished attic, unfinished basement or unfinished cellar;
For a building other than a dwelling or dwelling unit, the total area of all floors contained
within the outside walls of the building.
FLOOR SPACE INDEX shall mean the ratio of the floor area of a dwelling to the area of the lot on
which the dwelling is situated, expressed as a percentage.
FUEL STORAGE FACILITY shall mean an establishment primarily engaged in the bulk storage
and distribution of petroleum, gasoline, fuel oil, gas or other similar products in fuel storage tanks.
GARDEN CENTRE shall mean an establishment primarily used for the retail sale of gardening
equipment, products and planting materials, including greenhouses for the cultivation of such
materials.
GARDEN SUITE shall mean a portable detached residential unit for the use of an elderly member
of the family occupying a detached dwelling on the same lot and for which a temporary use by-law
has been adopted, pursuant to the provisions of the Planning Act.
GOLF COURSE shall mean a public or private area operated for the purpose of playing golf and
includes a driving range and accessory uses such as a club house, a putting green and similar uses.
GRADE shall mean the median elevation between the highest and lowest points of the finished
surface of the ground (measured at the base of the building or structure), but exclusive of any
embankment in lieu of steps.
GROUP HOME shall mean a single dwelling which is occupied by 3 to 10 unrelated residents who,
by reason of their emotional, mental, social or physical condition or legal status, require a supervised
family living arrangement for their well-being. A group home may be occupied as the residence by
the staffer receiving family. A group home does not include foster homes, boarding houses or other
uses defined herein.
HEAVY EQUIPMENT SALES OR RENTAL ESTABLISHMENT shall mean an establishment
having as its main use the storage of heavy trucks and/or excavation or construction equipment for
sale, rent or lease. Accessory uses may include facilities for the repair or maintenance of such heavy
equipment.
HEIGHT, when used with reference to a building, shall mean the vertical distance between grade
;
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Zoning By-law No. 02-121
Tay Valley Township
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and:
The highest point of the roof surface on a flat roof;
The deck line on a mansard roof;
The mean level between the eaves and ridge of a gable, hip or gambrel roof.
HIGH WATER MARK shall mean the mark made on the shore or bank of a water body through
the natural action of water, which action has continued over such a long period of time that it has
created a difference between the character of the vegetation or soil below the mark and that above the
mark.
HOME-BASED BUSINESS shall mean an occupation, trade, business, profession or craft
conducted as an accessory use to the use of a dwelling by the dwelling occupant(s) and includes the
following:
Instruction of students;
Respite care or day care, provided that no residential accommodation is provided;
Occupations in the areas of a personal service, a service outlet or a tradesperson's
establishment, all as defined in this By-law;
Office for conducting a business or profession;
Studio of an artist, artisan or craftsperson.
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INDUSTRIAL USES shall refer to lands, buildings, or structures used in conjunction with any
process carried on in the course of trade or business for or incidental to any of the following
purposes:
The making of any article of any description, or part of any article;
The altering, repairing, ornamenting, furnishing, cleaning, washing, packing, canning,
refurbishing or adapting for sale, or breaking up or demolition of any article;
The obtaining, dressing, or treating of minerals or aggregates.
KENNEL shall mean a building or structure where animals other than livestock are bred, boarded or
trained for financial compensation.
LANE shall mean a driveway providing access from within a property to a public street.
LIVESTOCK FACILITIES shall mean livestock and poultry barns, buildings or stmctures where
agricultural animals are housed and shall include feed lots and associated manure storage.
LOADING SPACE shall mean a space or bay located on a lot which is used or intended to be used
for the temporary parking of any commercial vehicle while loading or unloading goods, merchandise
or materials used in connection with the use of the lot or any building thereon.
LOT shall mean a parcel or tract of land which is capable of being legally conveyed in accordance
with the provisions of the Planning Act.
Zoning By-law No. 02-121
Page 9
Tay Valley Township
CORNER LOT shall mean a lot situated at the intersection of two streets, of which two
adjacent sides that abut the intersecting streets contain an angle of not more than 135 degrees.
INTERIOR LOT shall mean a lot situated between adjacent lots and which has frontage on
one street.
THROUGH LOT shall mean a lot bounded on two opposite sides by streets, provided that if
any lot qualifies as being both a comer lot and a through lot, the lot shall be deemed a comer
lot for the purposes of this By-law.
WATERFRONT LOT shall mean a lot which has no street access, but has water access on
a shoreline.
LOT AREA shall mean the total horizontal area within the lot lines of a lot.
LOT COVERAGE shall mean that portion of the area of a lot covered by all buildings, exclusive of
automobile service station pump island canopies, entrance canopies, balconies and overhanging
eaves which are more than 2.5 m above finished grade.
LOT FRONTAGE shall mean the width of a lot measured between the intersections of the side lot
lines with a line that is continuously 6 m back from and parallel to the front lot line.
LOT LINE shall mean any boundary of a lot or the vertical projection thereof.
FRONT LOT LINE shall mean the following:
In the case of an interior lot, the line dividing the lot from the street;
- In the case of a comer lot or through lot, the shorter lot line abutting a street, or where
access is gained to the lot regardless of the length of the line.
In the case of a waterfront lot, the shoreline shall be deemed to be the front lot line.
REAR LOT LINE shall mean in the case of a lot having 4 or more lot lines, the lot line
farthest from and opposite to the front lot line. If a lot has less than 4 lot lines, there shall be
no rear lot line.
SIDE LOT LINE shall mean a lot line other than a front or rear lot line.
MARINA shall mean an establishment or premises containing facilities and located on a water body
where boats and boat accessories are berthed, stored, serviced, repaired, maintained or kept for sale
or rent and where facilities for marine fuels and lubricants are provided.
MARINE FACILITY shall mean an accessory building or structure which is used to place a boat
into or out of a water body, or used to moor, berth or store a boat. This definition may include a boat
launching ramp, boat lift, dock, boathouse, slip, but, it shall not include any building used for human
habitation nor any boat service, repair or sales facility.
MOBILE HOME shall mean a prefabricated building which bears a CSA Z240 approval and which
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Zoning By-law No. 02-121
Toy Valley Township
c
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is designed to be towed on its own chassis (notwithstanding that its running gear is or may be
removed), designed and equipped for year round occupancy and containing therein facilities for
cooking or for the installation of cooking equipment, as well as sanitary facilities including a flush
toilet and shower or bathtub. This definition shall not include a travel trailer or tent trailer or trailer
otherwise defined in this By-law.
MOBILE HOME SITE shall mean a portion of a mobile home park designed to accommodate one
mobile home.
MOBILE HOME PARK shall mean land which has been provided and designed for the location of
two or more occupied mobile homes.
NON-COMPLYING when applied to a use, building or structure shall mean a use, building or
structure which is listed as a permitted use in the zone in which it is located but which contravenes
one or more of the provisions of this By-law for the zone in which it is located, as of the date of the
passing of this By-law.
NON-CONFORMING shall mean a use, building or stmcture which, on the date of the passing of
this By-law, is not within the list of permitted uses for the zone in which it is located.
OPEN MARKET shall mean a building or open air facility where individual vendors operating
from stalls, booths or other defined areas offer the following for sale: Fresh fhiit, vegetables and
herbs, poultry, fish, meat, eggs, cheese, honey, cider, maple products, cut flowers, bedding plants,
shrubs and trees, baked foodstuffs, second hand furniture and other items, handicrafts and other
hand-made products.
OPEN SPACE shall mean unoccupied space open to the sky on the same lot with the building.
OPEN STORAGE shall mean the storage of goods, merchandise or equipment outside a building or
structure on a lot or portion thereof, but does not include the outdoor display of a limited number of
samples of the goods, merchandise or equipment for the purposes of sales and advertisement, nor
does it include the open storage of a limited quantity of operative or licensed vehicles and equipment
that are normally associated with residential occupancy.
OUTDOOR WOODBURNING FURNACE shall mean an accessory building or structure which
operates as a heat source for associated main buildings.
PARK shall mean an area consisting largely of open space, which may include a recreational area,
playground, playing field, tennis courts, lawn bowling greens, indoor and outdoor skating rinks,
curling rinks, athletic field, picnic areas, swimming pools, day camps, community centres or other
similar use, but it shall not include a mobile home park or tourist campground.
PUBLIC PARK shall mean a park owned or controlled by the Corporation or by any
ministry, board, commission or authority established under any statute of Ontario or Canada.
PMVATE PARK shall mean a park other than a public park.
Zoning By-law No. 02-121
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Toy Valley Township
PARKING AREA shall mean a lot or lots or portions thereof required in accordance with the
provisions of this by-law for the temporary parking of motor vehicles and includes any related aisles,
parking spaces, entrance and exit lanes, but, it shall not include any part of a public street.
PARKING SPACE shall mean an area for the temporary parking or storage of motor vehicles.
PERSON shall mean an individual, an association, a chartered organization, a fimi, a partnership or
a corporation.
PERSONAL SERVICE shall mean an establishment where a personal service related to the
grooming or health of persons is provided, or where the maintenance or repair of personal wardrobe
articles is perfonned. A personal service may include a hair stylist, an aesthetician, a tailor, a shoe
repair shop, a laundromat, a dry cleaning distribution outlet or similar use.
PIT shall mean any open excavation made for the removal of any soil, earth, clay, marl, sand, gravel
or unconsolidated rock or mineral in order to supply material for construction, manufacturing or
industrial purposes but, it shall not include an excavation incidental to the erection of a building or
structure for which a building permit has been granted by the Corporation, or an excavation
incidental to the constmction of any public works.
WAYSIDE PIT shall mean a temporary pit opened and used by or for a public road
authority solely for the purpose of a particular project or contract of road construction.
PLACE OF ASSEMBLY shall mean a building or structure used for the operation of arts and craft
shows, trade fairs, fashions shows, public meetings, banquets, community activities or events,
conferences, auctions and similar activities.
PLACE OF WORSHIP shall mean a building dedicated to religious worship.
PRIVATE GARAGE shall mean an attached or detached building which is accessory to a dwelling
and which is fully enclosed and designed or used for the sheltering of permitted vehicles and storage
of household equipment incidental to the residential occupancy.
PRINTING ESTABLISHMENT shall mean a business primarily engaged in the reproduction or
duplication of printed materials and/or the production of books, newspapers and similar publications.
PROFESSIONAL OR BUSINESS OFFICE shall mean a building or part of a building in which
any business is conducted or profession is practiced, but which does not include any establishment
otherwise defined herein.
PUBLIC USE shall mean the use of land, buildings or structures for the supply of public services by
the Corporation, the County of Lanark, the Governments of Ontario or Canada, any agencies, boards
commissions or authorities thereof, and any company providing electricity, natural gas, wired or
wireless communications or rail transportation.
QUARRY shall mean any open excavation made for the removal of consolidated rock or mineral
including limestone, sandstone or shale in order to supply material for construction, industrial or
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manufacturing purposes.
WAYSIDE QUARRY shall mean a temporary quarry opened and used by or for a public
road authority solely for the purpose of a particular project or contract of road constmction.
RECREATIONAL ESTABLISHMENT shall mean any building or part of a building used for the
purposes of a bowling alley, curling rink, skating rink, billiard parlour, health or athletic club,
swimming pool, theatre or other similar use.
RESIDENTIAL CARE HOME shall mean a residence for the elderly which provides ancillary
health and social services to the residents of the home and has communal dining and recreational
facilities.
c
RESTAURANT shall mean a building or part of a building where food is prepared and offered for
sale or sold to the public for consumption on or off the premises.
RETAIL STORE shall mean a building or part of a building where goods, wares, merchandise,
substances, articles or things are offered or kept for sale at retail and includes rental of consumer
goods and storage of limited inventory on or about the store premises.
SALVAGE YARD shall mean a junk yard, an automobile wrecking yard or premises and premises
where goods, wares, merchandise or articles are processed for further use or for the storage, keeping
or abandonment of junk including scrap metals or other scrap material from the dismantling,
demolition or abandonment of vehicles or machinery parts.
SCHOOL shall mean an educational establishment under the jurisdiction of a Board as defined in
the Education Act.
SELF-STORA.GE FACILITY shall mean a building which is divided into spaces which may be
rented for the purpose of storing goods, wares, merchandise, equipment or materials.
SERVICE OUTLET shall mean an establishment where articles, goods or materials, excluding
vehicles, may be repaired or serviced.
SEWAGE DISPOSAL SYSTEM shall mean a privy, a greywater system, a cesspool, a leaching
bed system, a holding tank or any other privately-owned individual or communal system for the on-
site holding and/or treatment of sanitary sewage.
SHORELINE shall mean any lot line or portion thereof which is the shore of a water body.
SIGHT TRIANGLE shall mean the triangular space formed by the street lines of a comer lot and a
line drawn from a point in one street line to a point in the other street line, each such point being 9 m
from the point of intersection of the street lines, measured along the street lines. Where two street
lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the
intersection of the projection of the street lines or the intersection of the tangents to the street lines.
SIGN shall mean a name, identification, description, device, display or illustration which is affixed
Zoning By-law No. 02-121
Page 13
Tay Valley Township
to a building, stmcture or lot which directs attention to an object, product, place, activity, person,
institute, organization or business and which does not contravene any by-law of the Corporation.
STOREY shall mean that portion of a building other than a cellar, basement or attic included
between the surface of any floor level and the surface of the flloor, ceiling or roof above it.
STREET shall mean a public thoroughfare under the jurisdiction of either the Corporation, the
County or the Province of Ontario. This definition does not include a lane, a private road or private
right-of-way.
IMPROVED STREET shall mean a street which has been assumed by the Corporation, the
County or the Province and is maintained on a regular, year-round basis.
STREET ACCESS shall mean, when referring to a lot that such lot has a lot line or portion thereof
which is also a street line.
STREET LINE shall mean the limit of the road or street allowance and is the dividing line between
a lot and a street.
STREET SETBACK shall mean with reference to a street, the distance between the centreline of a
street allowance and the nearest building line.
STRUCTURE shall mean anything constructed or erected, the use of which requires location on the
ground or attached to something having its location on the ground and, without limiting the
foregoing, includes a trailer or a mobile home.
TOURIST CAMPGROUND shall mean any parcel of land which is used to provide temporary
accommodation for the public or members of an organization in tents, trailers, tourist trailers or
recreational vehicles.
TOURIST LODGING ESTABLISHMENT shall mean an establishment which provides
temporary accommodation in one or more buildings for members of the public or organizations who
are vacationing or travelling and shall include a seasonal camp, a cabin, a hotel, a lodge and a motel.
SEASONAL CAMP shall mean an establishment which provides meals, sleeping
accommodation and recreational opportunities to individuals and groups who are under the
supervision of camp staff and shall include children's camps, church camps, scouting
movement camps, YM/YWCA camps and other similar uses.
CABIN shall mean an establishment designed to accommodate one or more persons in a
detached or semi-detached building.
HOTEL shall mean an establishment containing four or more guest rooms served by a
common entrance. Accessory uses may include dining rooms, meeting rooms and similar
uses.
LODGE shall mean an establishment containing four or more guest rooms served by a
(
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(.
common entrance, generally from ground level. Accessory uses may include accommodation
for pennanent staff, dining room, meeting rooms and similar uses.
MOTEL shall mean an establishment containing four or more guest rooms each of which
has a separate entrance directly from outside the building. Accessory uses may include
dining rooms, meeting rooms and similar uses.
TRADESPERSON'S ESTABLISHMENT shall mean a building or part of a building which, in
addition to or as well as serving as an office, serves as a storage facility for the materials and
equipment of, and/or a workshop for the undertaking of repairs, the preparation of materials, or the
production of items on a custom order basis by, one of the following tradepersons: Heating and
cooling systems specialist, cabinet maker, carpenter, chimney sweep, drywaller or plasterer,
electrician, exterminator, fence installer, furniture refinisher, glass installer, grounds maintenance
person and landscaper, handyman, janitor, mason, painter, plumber, printer, snow plough operator,
upholsterer, window cleaner and similar tradepersons whose activities are not othenvise defined in
this By-law.
TRANSPORTATION DEPOT shall mean an establishment where more than two commercial
vehicles are kept for hire, stored or parked and/or dispatched and may include accessory loading and
warehouse uses and truck or bus fuelling and repair facilities.
USE when used as a noun means the purpose for which a parcel of land, lot, building or structure or
any combination thereof is designed, arranged, occupied or maintained and "uses" shall have a
corresponding meaning. "Use" when used as a verb, or "to use" shall also have a corresponding
meaning.
VEHICLE shall mean an all-terrain vehicle, an automobile, a boat, a commercial motor vehicle, a
farm implement, a mobile home, a motorcycle, a snowmobile, a recreational vehicle or a trailer.
VEHICLE SALES OR RENTAL ESTABLISHMENT shall mean an establishment having as its
main use the storage of vehicles for sale, rent or lease. Accessory uses may include facilities for the
repair or maintenance of such vehicles.
VETERINARY CLINIC shall mean a building where one or more licensed veterinarians and any
associated staff provide medical, surgical, grooming or similar services to animals, but does not
include boarding services except those essential to recovery from medical treatment.
WAREHOUSE shall mean a building used for the bulk storage of commodities, goods, materials,
merchandise or wares.
WASTE DISPOSAL SITE shall mean a place where garbage, refuse, domestic or industrial waste
is disposed of or dumped and shall include a sewage treatment plant, lagoon or sludge disposal area.
WASTE RECYCLING FACILITY shall mean an operation engaged in the processing and
recycling ofnon-hazardous solid wastes including but not limited to wood, drywall, cardboard, metal
and other construction wastes. Radioactive, pathological and/or asbestos-contaminated materials or
any other hazardous materials are not permitted to be processed.
Zoning By-law No. 02-121
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TO}' Valley Township
WASTE TRANSFER FACILITY shall mean an operation wherein waste materials collected from
surrounding areas are stored on a temporary basis entirely within a building and then shipped to the
appropriate disposal site.
WATER BODY shall mean any bay, lake, river, watercourse or canal, but excluding a drainage or
irrigation channel.
WATERCOURSE shall mean a natural drainage chaiinel that contains water either permanently or
intermittently, including creeks and streams.
WATER SETBACK shall mean, in reference to a water body, the horizontal distance between the
high water mark or the 1:100 flood line, where mapped by the Conservation Authority, and the
nearest building line.
WHOLESALE ESTABLISHMENT shall mean a business engaged in the bulk storage and sale of
commodities, goods, materials, merchandise or wares for resale or business use.
YARD shall mean an open, uncovered space appurtenant to a building or structure
- FRONT YARD shall mean a yard extending across the full width of the lot between the
front lot line and the nearest part of any main building or structure on the lot.
REAR YARD shall mean a yard extending across the full width of the lot between the rear
lot line and the nearest part of any main building or structure on the lot.
SIDE YARD shall mean a yard extending from the front yard to the rear yard between the
side lot line and nearest part of any main building or stmcture on the lot.
EXTEMOR SIDE YARD shall mean a side yard abutting a street.
INTERIOR SIDE YARD shall mean a side yard other than an exterior side yard.
ZONE shall mean:
A land use category as defined and regulated in this By-law; or
A designated area of land shown on the zoning schedules to this By-law.
ZONING shall mean the demarcation of an area into zones and the establishment of regulations to
govern the use of the land within these zones and the location, bulk, height, shape, use and coverage
of structures within each zone. The terms "zone provisions" and "zone requirements" shall have a
corresponding meaning.
ZONING ADMINISTRATOR shall mean the officer or employee of the Corporation charged with
the duty of enforcing the provisions of this By-law.
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3.1
SECTION 3 - GENERAL PROVISIONS
Accessory Uses
Accessory uses, buildings or structures shall be permitted in any zone, provided that:
1.
2.
Accessory buildings or structures shall not be used for human habitation, except as
specifically permitted elsewhere in this By-law.
Accessory buildings shall be included for the purposes of compliance with maximum
lot coverage provisions.
3. There shall be no minimum yard or water setback provisions applicable to a marine
facility, except that the minimum side yard shall be 3 m.
4. The minimum separation distance between a detached accessory building and the
main building shall be 1 m.
5. Any building or structure that is attached to the main building shall not be considered
as accessory.
6. In any Residential zone, buildings or structures accessory to a residential use shall be
subject to the following special provisions:
1. The lot coverage of all accessory buildings or structures shall not exceed 1 0%.
2. The maximum height of an accessory building or structure shall be 6.0 m.
3. Notwithstanding the yard provisions of this By-law to the contrary an accessory
building or structure may be located in a required interior side or rear yard,
provided that the minimum yard shall be 1 m, except as otherwise provided in
this section for marine facilities.
7. Except as otherwise provided in this section, accessory buildings and structures shall
conform to the zone provisions applicable to main buildings.
8. Notwithstanding the foregoing provisions, an outdoor woodbuming furnace shall
only be permitted in a Rural or Agriculture zone and all yards shall be a minimum of
100m.
3.2 Existing Non-Complying Lots
Where, on the date of passing of this By-law, a lot exists with less than the minimum lot
frontage and/or lot area required by this By-law, or is increased in lot frontage and/or lot area
but is still undersized, such non-complying lot may be used and a building or structure may
be erected, altered or used for a purpose permitted in the zone in which it is located on the
date of the passing of this By-law without the requirement to obtain relief from the applicable
Zoning By-law No. 02-121
Page 17
Toy Valley Township
lot area and/or lot frontage provisions of this By-law. This provision shall not be construed
as granting relief from any other provisions of this By-law.
3.3 Front Yard Reduction Within Hamlets
Notwithstanding any minimum front yard requirement of this By-law to the contrary, on a lot
within the Hamlet designation of the Official Plan ofTay Valley Township, the front yard
maybe reduced to 4.5 m or the average of the front yards of existing main buildings located
on the abutting lots, whichever is greater.
3.4 Frontage on an Improved Street
No lot shall be used and no building or structure shall be erected on a lot in any zone unless
such lot has sufficient frontage on an improved street to provide driveway access.
Notwithstanding the foregoing, this provision shall not apply to:
A non-residential building or structure accessory to an agricultural or conservation
use;
A lot on a registered plan of subdivision and with frontage on a street which will
become an improved street pursuant to provisions in, and financial security
associated with, a subdivision agreement that is registered on the title to the lot;
A lot located in a Limited Services Residential zone;
A existing seasonal dwelling in a Seasonal Residential zone
3.5 Group Homes
Group homes shall be permitted in the General Residential, Rural and Institutional zones in
accordance with the following:
1. The maximum number of group homes in the Township shall not exceed 1 per 1,000
permanent resident population.
2. The minimum separation distance between two group homes shall be 500 m.
3. A group home shall be located a minimum of 3 0 m from any dwelling on another lot.
Height Exceptions
The maximum height restrictions of this By-law shall not apply to the following:
Air conditioning, heating or similar mechanical equipment
- Antenna
Barn
Belfry, spire or dome associated with a place of worship
Chimney
Clock tower
Communications tower
3.6
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Electrical supply structure
Elevator or mechanical penthouse
Farm implement storage building
Flag pole
Grain elevator
Silo
Solar collector
Water tower
Windmill
3.7 Home-Based Businesses
0
A home-based business shall be pennitted as an accessory use to a residential use in
accordance with the following provisions:
1. No more than 25% or 40 m2 of the floor area of the dwelling unit, whichever is
lesser, shall be used for the home-based business.
2. There shall be no visible indication from the exterior of the presence of the home-
based business other than one sign not larger than 1 m2.
3. There shall be no open storage of inoperative or unlicensed motor vehicles or other
materials, or outdoor animal enclosures.
4. There shall be no storage of hazardous materials such as paint or other flammable,
corrosive or explosive substances.
5. There shall be no direct retail sale of goods other than those produced on the
premises or those which are clearly incidental to a personal ser/ice or service outlet
home-based business.
6. Where instruction, respite care or day care is provided, there will be no more than six
persons, other than the instructor or caregiver, in attendance at any one time. In the
case of all other home-based businesses, not more than one individual client or
customer shall be served at any one time.
7. A maximum of one person in addition to the dwelling occupant(s) may be employed
in the home-based business, provided that the maximum number of persons
employed in the home-based business shall not exceed three. For the purposes of this
subsection, the number of persons shall be calculated on the basis of full-time
equivalence.
8. Up to 40 m of floor area within an accessory building may be used for the home-
based business, provided that:
1. The accessory building shall be located a minimum of 15 m from the closest
dwelling on another lot.
Zoning By-law No. 02-121 Page 19
Toy Valley Township
3.8
3.9
2. The combined total floor area used for the home-based business within the
accessory building and dwelling unit shall not exceed 40 m2.
9. Not more than one commercial vehicle related to the home based-business shall be
kept on the premises.
10. The home-based business shall not, in the opinion of the Township, change the
predominantly residential character of the property or create or become a public
nuisance with regard to noise, odours, vibration, heat, traffic, lighting or other
annoyance.
Loading Space Requirements
1. Number of Loading Spaces Required
Any commercial or industrial use which involves the transfer of goods, wares,
merchandise or raw materials to and from the site shall provide and maintain loading
facilities on the lot in accordance with the following regulations:
Floor Area of Building
2
less than 200 m
200m2-1,000m2
2
over 1,000 m:
2. Loading Space Size
Number of Loading Spaces
0
1
1 plus 1 additional loading space per each
1,000 m of floor area or part thereof
A required loading space shall be a minimum of 9.0 m long, 3.5 m wide and have a
vertical clearance of at least 4.5 m.
3. Loading Area Surface
A loading area shall be maintained with a stable surface such as concrete, asphalt or
crushed stone.
4. Cumulative Loading Requirements
Where a lot, building or structure accommodates more than one use, the loading
space requirement shall be the sum of the requirements for the uses.
Lots Containing More Than One Use
Where a lot accommodates more than one use and the provisions of this By-law for the uses
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are different, the more restrictive provisions shall apply.
3.10 Lots Divided Into More Than One Zone
Where a lot is divided into more than one zone, each portion of the lot shall be used in
accordance with the provisions of this By-law for the zone where such portion of the lot is
located.
3.11 Moving of Buildings
No building or structure shall be moved into the Township or onto any lot unless its use and
location comply with the By-law.
3.12 Non-Conforming Uses and Non-Complying Uses, Buildings and Structures
1. Buildings Accessory to Non-Conforming Uses
An accessory building may be erected for an existing legal non-confomiing use,
provided it complies with the provisions of this By-law.
2. Change of Non-Conforming Use
A non-conforming use may not be changed to another use unless it is to a permitted
use in the zone in which it is located. Pursuant to the provisions of the Planning Act
and the Official Plan ofTay Valley Township, a non-conforming use may only be
changed to another non-conforming use with the permission of the Committee of
Adjustment.
3. Repair, Restoration and Reconstruction of Non-Conforming Uses or Non-
Complying Uses, Buildings or Structures
1. A legal non-conforming use or non-complying use, building or structure may be
repaired or restored provided that:
Such repair, or restoration does not increase the height, size, volume or extent
ofnon-conformity or non-compliance of the use, building or structure.
2. A legal non-conforming use or a non-complying use, building or stmcture that is
damaged to an extent which has rendered it unusable or unoccupiable may only
be reconstructed provided that:
The damage which rendered the building or stmcture unusable or unoccupied
must have been the result of fire, flood, wind, earthquake or other causes
beyond human control;
A building permit must be obtained within 12 months of the date upon which
the building or structure became unusable or unoccupied; and
Zoning By-law No. 02-121 Page 21
Tay Valley Township
- Such reconstmction does not increase the height, size, volume or extent of
non-conformity or non-compliance of the use, building or structure beyond
that existing prior to the occurrence of the damage.
4. Replacement of Non-CompIying Sewage Disposal Systems
Notwithstanding any provision of this By-law to the contrary, a sewage disposal
system which was legally constructed under the regulations governing sewage
disposal systems that were in force and effect at the time of such construction but that
is non-complying with respect to the water setback provisions, may be replaced in
accordance with the following:
In the case where the replacement sewage disposal system is a Class III or
Class IV sewage disposal systems as set out in the Ontario Building Code,
the minimum water setback of the replacement sewage disposal system shall
be 30 m oras shown on a site plan approved by the Township pursuant to
Section 41 of the Planning Act, whichever is lesser.
In the case where the replacement sewage disposal system is not a Class III
or Class IV system, the minimum water setback shall be 15 m oras set out in
the Ontario Building Code, whichever is greater.
5. Enlargements of Non-Conforming Uses
A non-conforming use may not be enlarged or extended, except with the permission
of the Committee of Adjustment for the Township, pursuant to the provisions of the
Planning Act and the Official Plan ofTay Valley Township.
6. Enlargements of Non-Complying Uses, Buildings or Structures
A non-complying use, building or structure may not be enlarged, except in
accordance with the following:
- The enlargement or addition is constructed as a vertical enlargement (ie.
additional storey) to the existing non-complying building or structure so that
the extent of any existing non-compliance with respect to all yard, street
setback and water setback provisions is not increased and, further, so that no
portion of the vertical enlargement has a water setback of less than 15 m; or
- The enlargement or addition is constmcted as a horizontal enlargement to the
existing non-complying building or structure in a manner so that the
enlargement or addition complies with all yard, street setback and water
setback provisions;
Provided that in either case all other applicable provisions of this By-law are
complied with for the enlarged building or structure.
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3.13 Occupancy Restrictions
None of the following shall be used as a dwelling or for the purposes of human habitation:
1. Any tmck, bus, coach, railway or streetcar body;
Any marine facility or building or structure accessory to a residential use;
2.
3.
Any recreational vehicle, travel trailer or tent trailer, except in a tourist campground
or as a temporary use in accordance with Section 3.24 of this By-law.
3.14 Open Storage
Open storage shall be permitted as an accessory use to a permitted use within any zone other
than a Residential zone, provided that:
1. No part of an open storage area shall be located within a minimum yard or water
setback required by this By-law;
2. Open storage shall not occupy any driveway or parking or loading area required by
this By-law;
3. Where open storage is situated less than 30m from a street or a dwelling on another
lot, a continuous buffer strip consisting of a benn, fence or landscaping having a
minimum combined height of 1.5 m shall be provided so as to screen the open
storage area from the street or dwelling. Such buffer strip shall be broken only by a
driveway or walkway from the street.
3.15 Parking Requirements
1.
Number of Parking Spaces Required
In any zone, the owner or occupant of any lot or building or structure erected,
enlarged or changed in use after the passing of this By-law, shall provide off-street
parking in accordance with the following:
Type of Use
One and two-unit dwellings
Number of Parking Spaces Required
2 parking spaces per dwelling unit, provided
that 1 of the 2 required spaces may be in
tandem
Dwellings of three units or more 1 parking space per dwelling unit
Mobile home park or campground 1 parking space per site
Group home 1 parking space in addition to the applicable
Zoning By-law No. 02-121
Page 23
Tay Valley Township
2.
Home-based business
Bed and breakfast
Tourist Lodging Establishment
Restaurant, banquet hall
Place of worship or assembly
Recreational use
Retail store, personal service,
merchandise service outlet
Clinic
Commercial use not defined
Professional or business office
School - elementary
School-secondary
Institutional or public use
Industrial, warehouse or storage use
More than One Use on a Lot
dwelling requirement
1 parking space in addition to the applicable
dwelling requirement
1 parking space per guest room in addition to
the applicable dwelling requirement
1 parking space per guest room or cabin plus
1 parking space per 20m of floor area
devoted to dining or meeting uses
1 parking space per 12 m of floor area
1 parking space per 12 m of floor area
devoted to public assembly
1 parking space per 4 persons design capacity
or 1 parking space per 20 m of floor area,
whichever is greater
1 parking space per 20 m of floor area
1 parking space per 20 m2 of floor area
1 parking space per 20 m of floor area
1 parking space per 25 m of floor area
1.5 parking spaces per classroom
4 parking spaces per classroom
1 parking space per 40 m2 of floor area
1 parking space per 70 m of floor area
3.
Where a building or lot accommodates more than one use, the number of parking
spaces required shall be the sum of the requirements for each of the uses.
Parking Space Size and Access
Each parking space shall have minimum dimensions of 2.75 m by 6 m, except that a
parking space for the physically-disabled shall have minimum dimensions of 3.7 m
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by 6 m. A parking space shall have unobstmcted access, except where tandem
parking is specifically pennitted by this By-law.
4. Parking for the Physically-Disabled
Where a required parking area contains 10 or more parking spaces, reserved parking
spaces for the physically-disabled shall be provided at the rate of 1 parking space for
the physically-disabled per 30 required parking spaces or fraction thereof, subject to
the provision of a minimum of 1 parking space for the physically-disabled.
5. Driveway Access to Parking Areas
Driveways designated for two-way traffic shall have a minimum width of 6 m. One-
way driveways and driveways serving only one dwelling unit shall have a minimum
width of 3.0 m. For portions of a driveway that directly abut a parking space, the
minimum driveway width shall be as follows:
6.
Angle of Parking Space to Driveway
0 degrees
30 degrees
45 degrees
60 degrees
90 degrees
Parking Area Surface
Minimum Driveway Width
3m
3.4m
3.7m
5.4m
6m
A parking area shall be maintained with a stable surface such as concrete, asphalt or
crushed stone.
L
7. Parking Area Location
Required parking for any residential use or Residential zone shall be provided on the
same lot as the dwelling unit.
Required parking for non-residential uses shall be provided within 150 m of the
building that it is intended to serve and no part of any parking area shall be permitted
on lands not zoned for the use with which the parking is associated. Where required
parking is not provided on the same lot, the lot where the parking is located shall be
under the same ownership and shall be retained for the duration of the use.
8. Parking Requirements for Additions to Existing Buildings
Where an existing building or structure has insufficient parking spaces to comply
with the provisions of this By-law, this By-law shall not be interpreted to require that
the deficiency be made up prior to the construction of any addition, provided that no
addition may be built and no change of use may occur within the existing building or
Zoning By-law No. 02-121
Page 25
Tay Valley Township
structure, the effect of which would be to increase the extent of such deficiency.
3.16 Pits, Quarries, Wayside Pits, Wayside Quarries and Portable Asphalt Plants
No pit, quarry, wayside pit, wayside quarry or portable asphalt plant shall be permitted
except in a zone where such uses are specifically listed as pennitted.
3.17 Public Uses
Any land may be used and any building or structure erected or used for the purpose of a
public use as defined in this By-law, provided that:
Lot coverage, setback and yard requirements of the zone in which such land, building
or stmcture is located shall be complied with, except in the case of towers, poles,
lines and transmission facilities for natural gas, electricity, cable, water, stonn and
sanitary sewage and wired and wireless communications.
Any building or structure erected or used shall be designed, maintained and used in a
manner compatible with the buildings and structures pennitted in the zone in which it
is located.
3.18 Residential Separation Distances from Other Land Uses
Notwithstanding any other provisions of this By-law, any new dwelling shall be located
minimum distances from certain zones or land uses on other lots as follows:
-
From a Class "B" Pit with no excavation below the water table
From any other Pit
From a Quany
From land zoned Salvage Yard Industrial
From land zoned Disposal Industrial
150m
300m
500m
300m
500m
From Livestock Facilities
as per the Minimum Distance Separation I
(MDS I) formula, as issued by the Ontario
Ministry of Agriculture and Food, except that
MDS I shall not apply to a new dwelling to be
located on a lot of less than 1 ha in area
3.19 Setbacks from Environmental Protection (EP) Zones
Notwithstanding any other provisions of this By-law, the minimum setback of any building
or stmcture from lands zoned Environmental Protection shall be as follows:
In the case where the Environmental Protection zone has been assigned on the basis
of a Wetland, the setback shall be 120 m;
In the case where the Environmental Protection zone has been assigned on the basis
of an Area of Natural or Scientific Interest (ANSI), the setback shall be 50 m;
Page 26 Zoning By-law No. 02-121
Toy Valley Township
0
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Provided that in either case the setback may be reduced to a lesser setback in accordance with
the recommendations of an Environmental Impact Study undertaken to the satisfaction of the
Township.
3.20 Sewage Disposal Systems and the Applicability of this By-law
Except in relation to water setbacks, sewage disposal systems shall not be subject to the
provisions of this By-law.
3.21 Sight Triangles
Notwithstanding any provisions of this By-law to the contrary, within any area defined as a
sight triangle, the following uses shall be prohibited:
A building, stmcture or use which would obstruct the visions of motorists;
A fence or any vegetation of a height which is more than 1 m above the elevation of
the centrelines of abutting streets;
A parking area.
3.22 Shoreline Area Occupancy
Notwithstanding any provisions of this By-law to the contrary, on any lot abutting a water
body and used for purposes other than a marina, a maximum of 25% or 15 m of the shoreline
area, whichever is lesser, shall be occupied by marine facilities, pump houses, stairs, decks,
patios, gazebos and all other accessory buildings and structures. For the purposes of this
section, the shoreline area shall include that portion of the lot lying within 3 m of the
shoreline.
3.23 Street Setbacks
The following setbacks shall be required:
- County Streets 13 m from the centre line of the street plus the minimum
required front yard for the appropriate zone
- Township Streets 10m from the centre line of the street plus the minimum
required front yard for the appropriate zone
3.24 Temporary Uses
The following shall be permitted in any zone, except Environmental Protection (EP) and
Flood Plain (FP) zones:
Construction facilities such as sheds, scaffolds and other structures incidental to the
Zoning By-law No. 02-121
Page 27
Tay Valley Township
construction on the premises for so long as the work is in progress;
A temporary real estate sales and/rental office;
A travel trailer, tent trailer or recreational vehicle occupied on a temporary basis
during the course of construction of a dwelling on the same lot, provided that:
Temporary connection to an approved on-site sewage disposal system is
provided;
A building permit for a dwelling has been issued and remains in force;
The trailer or vehicle is located in accordance with the required yards and water
setbacks applicable to a dwelling;
In no event shall the trailer or vehicle be located on the lot for a period exceeding
two years from the date of issuance of the building pennit.
3.25 Through Lots
On a through lot, the minimum front yard requirement shall apply to each yard abutting a
street.
3.26 Water Setbacks
Except as otherwise permitted by Sections 3.12 and 3.27 of this By-law, the minimum water
setback shall be 30 m for all buildings and structures, including all sewage disposal systems
but excluding decks and gazebos having a combined floor surface area of less than 14 m2,
marinas, pump houses, marine facilities and stairs.
3.27 Yard and Water Setback Encroachments
Notwithstanding the yard and setback provisions of this By-law, the following
encroachments are permitted:
- Sills, belt courses, chimneys, cornices, eaves, gutters, parapets, bay windows and
other ornamental features may project into any minimum required yard or water
setback by not more than .6 m;
- Open and roofed porches, decks, balconies, exterior stairs and landings may project
into any minimum required yard or water setback by not more than 2 m, except that
where an existing main building is non-complying in relation to the required water
setback but has an existing water setback of 15 m or more, an open porch, deck,
exterior stairs or landing having a combined horizontal surface area of less than 14
m2 may project into the existing water setback by a maximum of 2 m.
Open patios, awnings, clothes poles, flag poles, garden trellises, fences, plant
materials and similar accessory structures shall be permitted in any minimum
required yard or water setback
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Page 28
Zoning By-law No. 02-121
Toy Valley Township
Swimming pools shall be permitted in any required yard, but shall not encroach into
the minimum required water setback.
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Zoning By-law No. 02-121
Page 29
Tay Valley Township
4.1
4.2
SECTION 4 - ZONES
General
For the purposes of this By-law, the land area of the Township is divided into various
generalized and specific zones to which the provisions and regulations herein shall apply.
Zones and Zone Symbols
Zone Name
Residential Zones
General Residential
Seasonal Residential
Limited Services Residential
Mobile Home Park Residential
Commercial Zones
General Commercial
Local Commercial
Tourist Commercial
Industrial Zones
General Industrial
Salvage Yard Industrial
Disposal Industrial
Institutional Zones
Institutional
Open Space Zones
- Open Space
Rural Zones
Rural
Agriculture Zones
Agriculture
Mineral Resource Zones
Mineral Aggregate Extraction
Natural Heritage Zones
- Environmental Protection
Symbol
R
RS
RLS
RMH
c
CL
CT
M
MS
MD
I
os
RU
A
EX
EP
Page 30
Zoning By-law No. 02-121
Toy Valley Township
Natural Hazard Zones
Flood Plain
FP
4.3 Boundaries of Zones
0
The location and boundaries of the zones established by this By-law and certain requirements
applicable to such zones are shown on the maps hereto attached as Schedules Al, A2 and
A3. Where any uncertainty as to the boundary of any zone as shown on the zoning
schedules, the following provisions shall apply:
1. Where a zone boundary is indicated as following and is within the boundary of a
street, lane, railway right-of-way, other right-of-way or watercourse, the boundary
shall be the centre of such street, lane, railway right-of-way, right-of-way or
watercourse.
2. Where a zone boundary is indicated as approximately following lot lines on a
registered plan of subdivision, deposited reference plan or original Township survey,
the boundary shall follow such lot lines. No amendment to the By-law shall be
required for minor adjustments to zone boundaries shown on Schedules Al, A2 and
A3 where, in the opinion of the Township, such adjustments are merely for the
purpose of more accurately reflecting surveyed information.
3. WTiere a zone boundary is indicated as following a shoreline of a watercoiirse, the
boundary shall follow such shoreline and in the event that the shoreline changes, the
boundary shall be taken as having moved with the shoreline.
4. Where a zone boundary as indicated follows the 1:100 flood line, the boundary shall
be the 1:100 flood line.
c
5. Where any street, lane, right-of-way, railway right-of-way or watercourse as shown
on the schedules is hereby closed or diverted, the object of such closure or diversion
shall be included within the zone of the abutting property on either side thereof.
6. WTiere any zone boundary is left uncertain after the application of clauses (1) through
(5) above, the boundary shall be determined by scale from the original fall size
zoning schedules.
7. Wherever it occurs, the municipal boundary is the limit of the zone adjacent to it.
4.4 Holding Zones
WTiere a zone symbol is followed by a hyphen and the letter "h", this denotes a holding zone.
Within such zones, only existing uses shall be permitted unless specifically stated otherwise
in the by-law, until the "h" has been removed. The removal of the holding provision shall
require an amendment to the By-law. Such amendment shall only be passed by Council
when any applicable servicing, phasing or financial conditions or agreements for the lands
have been satisfied in accordance with the requirements of the Official Plan ofTay Valley
Zoning By-law No. 02-121
Page 31
Toy Valley Township
Township.
4.5 Special Zones
Where a zone symbol is followed by a hyphen and a letter or a number other than "-h", (for
example, "-x" or "-1"), the lands so zoned shall be subject to all the provisions of the zone
represented by such symbol except as otherwise provided by the special provisions of that
zone.
4.6 Temporary Zones
Where a temporary zone is established for the purpose of accommodating a temporary use
pursuant to the provisions of the Planning Act, the lands so zoned shall be subject to all the
provisions of the zone, except that a temporary use shall be permitted for a certain limited
period of time. The zone symbol shall be followed by a hyphen, the letter "T" and a letter or
a number other than "-h", (for example, "-Tx" or "-T1").
Page 32
Zoning By-law No. 02-121
Toy Valley Township
SECTION 5 - RESIDENTIAL ZONES
5.1 General Residential (R)
1. Permitted Uses
single dwelling
bed and breakfast
0
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2.
3.
4.
Zone Provisions
4050 m2
Lot Area (minimum)
Lot Frontage (minimum)
- Lots in Hamlet designation in Official Plan 45 m
- All other lots 60 m
- Yards (minimum)
- Front 10m
- Exterior Side 10m
Interior Side 6 m
Rear 7.5 m
Dwelling Unit Area (minimum) 75 m
Dwelling Height (maximum) 9 m
- Lot Coverage (maximum) 20%
Dwellings per Lot (maximum) 1
Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
Special Exception Zones
1. R-l (Part of Lots 2 & 3, Concessions 1 &2, Sherbrooke)
Notwithstanding the provisions of Section 5.1.2 to the contrary, on the lands
zoned R-l, the following provision shall prevail:
- Lot Area (minimum) 1.0 ha
2. R-2 (Part of Lots 2 & 3, Concessions 1 &2, Sherbrooke)
Notwithstanding the provisions of Section 5.1.2 and 3.26 to the contrary, on
the lands zoned R-2, the following provisions shall prevail:
Lot Area (minimum)
1.0ha
Zoning By-law No. 02-121
Page 33
Tay Valley Township
Water Setback (minimum) 40 m
R-3a and R-3b (Part of Lots 2 & 3, Concessions 1&2, Sherbrooke)
3.
4.
Notwithstanding the provisions of Section 5.1.2 and 3.26 to the contrary, on
the lands zoned R-3a and R-3b, the following provisions shall prevail:
Lot Area (minimum)
- Water Setback (minimum)
1.0ha
75m
Further, on the lands zoned R-3b, the following additional provision shall
also prevail:
- Northwest side yard (minimum) 30 m
R-4 (Part of Lot 10, Concession 10, Burgess)
Notwithstanding the provisions of Section 5.1.1 to the contrary, on the lands
zoned R-4, the following additional use shall be permitted:
A multiple dwelling containing a maximum of 12 dwelling units.
- "1
Page 34
Zoning By-law No. 02-121
Toy Valley Township
5.2 Seasonal Residential (RS)
1. Permitted Uses
seasonal dwelling
2. Zone Provisions
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3.
4.
-
-
Lot Area (minimum)
Lot Frontage (minimum)
- Lot with frontage on Adams Lake
All other lots
Yards (minimum)
Front
Exterior Side
Interior Side
Rear
Dwelling Unit Area (minimum)
Dwelling Height (maximum)
Lot Coverage (maximum)
Floor Space Index (maximum)
Dwellings per Lot (maximum)
4050 m
91m
60m
10m
10m
6m
7.5m
75m2
9m
10%
12%
1
2
2
Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
Special Exception Zones
1. RS-1 (Part of Lot 16, Concession 2, Sherbrooke)
Notwithstanding the provisions of Section 5.2.1 to the contrary, on the lands
zoned RS-1, a bed and breakfast shall be an additional pennitted use,
provided that its annual period of operation shall be restricted to May to
October, inclusive.
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Zoning By-law No. 02-121
Page 35
Toy Valley Township
5.3 Limited Services Residential (RLS)
1.
Permitted Uses
single dwelling
2. Zone Provisions
-
-
-
Lot Area (minimum)
Lot Frontage (minimum)
Lot with frontage on Adams Lake
All other lots
Yards (minimum)
Front
Exterior Side
Interior Side
Rear
Dwelling Unit Area (minimum)
Dwelling Height (maximum)
Lot Coverage (maximum)
Floor Space Index (maximum)
Dwellings per Lot (maximum)
4050 m
91m
60m
10m
10m
6m
7.5m
75m2
9m
10%
12%
1
2
2
)
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
1. RLS-1 (Part of Lots 18&19, Concession 3, Burgess)
Notwithstanding the provisions of Section 5.3.1 to the contrary, on the lands
zoned RLS-1, the following provision shall prevail:
- Pennitted uses and the number of dwellings shall include a maximum
of 8 dwelling units, comprised of a multiple dwelling containing a
maximum of 6 units and 2 single dwellings accessory to the multiple
dwelling
2. RLS-2 (Part of Lot 1, Concession 1, Sherbrooke)
Notwithstanding the provisions of Section 3.26 to the contrary, on the lands
zoned RLS-2, the following provision shall prevail:
Page 36
Zoning By-law No. 02-121
Toy Valley Township
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Water Setback (minimum) 40 m
3. RLS-3 (Part of Lot 2, Concession 8, Burgess)
Notwithstanding the provisions of Section 3.26 to the contrary, on the lands
zoned RLS-3, the following provision shall prevail:
Water Setback (minimum) 22 m
4. RLS-4 (Part of Lots 5, 6 and 7, Concessions 9 and 10, Bathurst)
Notwithstanding the provisions of Section 5.3.2 and 3.26 to the contrary, on
the lands zoned RLS-4, the following provisions shall prevail:
Lot Frontage and Lot Area (minimums)
PIN 765,2029,2036, 2046, 2050, 2056, 2083 as per Plan 27R-
8077
PIN 729,725, 641, 646, 648, 237 as per Plan 27R-8081
PIN 2116, 2123, 2146, 2159 as per Plan 27R-8083
PIN 813, 811, 802 as per Plan 27R-8082
PIN 2488 as per Plan 27R-8076
Water Setback (minimum)
The 154.0 m geodetic
elevation or 30 m from the
high water mark, whichever is
greater.
5. RLS-5 (Part of Lot 10, Concession 2, Sherbrooke)
Notwithstanding the provisions of Section 3.26 to the contrary, on the lands
zoned RLS-5, the following provision shall prevail:
Water Setback (minimum)
45m
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Zoning By-law No. 02-121
Page 37
Toy Valley Township
5.4 Mobile Home Park Residential (RMH)
1. Permitted Uses
mobile home
niobile home park
mobile home park management office
recreational facilities accessory to a mobile home park
accessory dwelling or accessory dwelling unit
2. Zone Provisions
1. Mobile Home Park
Lot Area (minimum)
Lot Frontage (minimum)
Yards (minimum)
Front
Exterior Side
Interior Side
Rear
Dwelling Unit Area (minimum)
Dwelling Height (maximum)
Lot Coverage (maximum)
Accessory Dwellings per Lot (maximum)
2. Mobile Home Site
Site Area (minimum)
Site Frontage (minimum)
Site Yards (minimum)
Front
Exterior Side
Interior Side
Rear
Site Coverage (maximum)
Mobile Homes per Site (maximum)
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
(reserved)
2 ha
60m
15m
15m
7.5m
15m
75m2
9m
20%
1
2
700m
20m
7.5rn
7.5m
3.0m
4.5m
30%
1
2
Page 38
Zoning By-law No. 02-121
Tay Valley Township
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SECTION 6 - COMMERCIAL ZONES
6.1 General Commercial (C) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
automobile service station
bank
building supply centre
clinic
commercial parking lot
community service
custom workshop
equipment rental outlet
garden centre
hotel
motel
open market
personal service
place of assembly
private park
professional or business office
service outlet
recreational establishment
retail store
restaurant
tradesperson's establishment
vehicle sales or rental establishment
veterinary clinic
2. Zone Provisions
Lot Area (minimum) 4050 m
Lot Frontage (minimum)
- Lots in Hamlet designation in Official Plan 45 m
All other lots 60 m
Yards (minimum)
- Front 10 m
- Exterior Side 10 m
- Interior Side
Lots in Hamlet designation in Official Plan 6 m
All other lots 10m
Rear
- Lots in Hamlet designation in Official Plan 7.5 m
2
Zoning By-law No. 02-121
Page 39
Tay Valley Township
3.
All other lots
Dwelling Unit Area (minimum)
Building Height (maximum)
Lot Coverage (maximum)
Dwellings per Lot (maximum)
Additional Provisions
10m
75m2
9m
20%
1
1. General Provisions
In accordance with Section 3 hereof.
2. Automobile Service Station Pump Islands and Canopies
Notwithstanding any other provisions of this By-law to the contrary, the
minimum front or exterior side yard for an automobile service station pump
island or canopy shall be 4.5 m.
4. Special Exception Zones
1. C-l (Part of Lot 15, Concessions 5, Bathurst)
Notwithstanding the provisions of Section 6.1.1 and 6.1.2 to the contrary, on
the lands zoned C-l, the following provisions shall prevail:
Permitted commercial uses shall be restricted to the following:
A sales, repair and maintenance facility for motorcycles and
accessones;
A bait shop.
The total maximum commercial floor area shall be 200 m .
- Open storage related to commercial uses shall not be permitted,
except in relation to licensed or operative vehicles for sale.
Page 40
Zoning By-law No. 02-121
Toy Valley Township
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6.2 Local Commercial (CL) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
antique shop
baiik
bed and breakfast
clinic
community service
custom workshop
personal service
professional or business office
retail store
restaurant
2.
3.
c
Zone Provisions
Lot Area (minimum)
Lot Frontage (minimum)
Lots in Hamlet designation in Official Plan
All other lots
- Yards (minimum)
Front
Exterior Side
Interior Side
- Lots in Hamlet designation in Official Plan
- All other lots
Rear
- Lots in Hamlet designation in Official Plan
- All other lots
- Commercial Floor Area (maximum)
Dwelling Unit Area (minimum)
Building Height (maximum)
Lot Coverage (maximum)
Dwellings per Lot (maximum)
-
4050 m
45m
60m
10m
10m
6 m
10m
7.5 m
10m
200m2
75m2
9m
20%
1
2
2
Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
Zoning By-law No. 02-12]
Page 41
Tciy Valley Township
4. Special Exception Zones
(reserved)
Page 42
Zoning By-law No. 02-121
Tay Valley Township
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6.3 Tourist Commercial (CT) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
antique shop
bed and breakfast
community service
golf course
manna
marine facility
park
tourist campground
tourist lodging establishment
2.
3.
4.
0
-
Zone Provisions
Lot Area (minimum)
Tourist Campground 2 ha
Other uses 1 ha
Lot Frontage (minimum) 60 m
Yards (minimum)
Front 15 m
Exterior Side 15m
- Interior Side 10m
Rear 15 m
Accessory Dwelling Unit Area (minimum) 75 m
Building Height (maximum) 9 m
Tourist Campground Site (minimum) 230 m
Lot Coverage (maximum) 20%
Accessory Dwellings per Lot (maximum) 1
2
2
Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
Special Exception Zones
1. CT-1 (Part of Lot 8, Concession 10, Sherbrooke)
Notwithstanding the provisions of Sections 6.3.1 and 6.3.2 to the contrary, on
the lands zoned CT-1 the following provisions shall prevail:
Zoning By-law No. 02-121
Page 43
Toy Valley Township
A seasonal dwelling shall be an additional permitted use;
- A maximum of 42 seasonal dwellings shall be permitted, in addition
to one single dwelling accessory to a tourist campground or tourist
lodging establishment.
2. CT-2 (Part of Lot 21, Concession 9, Burgess)
Notwithstanding the provisions of Section 6.3.2, on the lands zoned CT-2,
the following additional provision shall apply to a tourist campground:
Campsites (maximum) 50 sites
3. CT-3 (Part of Lots 2 and 3, Concession 1, Sherbrooke)
Notwithstanding the provisions of Section 6.3.2, on the lands zoned CT-3,
the following provision shall prevail:
Lot Frontage (minimum)
20m
(
Page 44
Zoning By-law No. 02-121
Toy Valley Township
0
SECTION 7 - INDUSTRIAL ZONES
7.1 General Industrial (M) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural products processing facility
automobile body shop
automobile service station
building supply centre
contractor's yard
custom workshop
equipment rental outlet
feed supply outlet
fuel storage facility
garden centre
heavy equipment sales or rental establishment
kennel
printing establishment
self-storage facility
service outlet
tradesperson's establishment
transportation depot
vehicle sales or rental establishment
veterinary clinic
warehouse
wholesale establishment
2. Zone Provisions
Lot Area (minimum)
Lot Frontage (minimum)
Yards (minimum)
Front
- Exterior Side
- Interior Side
Rear
Dwelling Unit Area (minimum)
Building Height (maximum)
Lot Coverage (maximum)
Dwellings per Lot (maximum)
1 ha
60m
15m
15m
10m
15m
75m2
15m
20%
1
2
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Zoning By-law No. 02-121
Page 45
Toy Valley Township
3.
4.
Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Automobile Service Station Pump Islands and Canopies
Notwithstanding any other provisions of this By-law to the contrary, the
minimum front or exterior side yard for an automobile service station pump
island or canopy shall be 4.5 m.
3. Minimum Separation Distance for a Kennel
From a residential use on another lot
150m
Special Exception Zones
1. M-1 (Part of Lot 27, Concession 3, Bathurst)
Notwithstanding the provisions of Section 7.1.1 to the contrary, on the lands
zoned M-1, the following additional uses shall be permitted:
A professional or business office
A horse stable.
Page 46
Zoning By-law No. 02-121
Tay Valley Township
7.2 Salvage Yard Industrial (MS) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
salvage yard
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2.
3.
4.
Zone Provisions
Lot Area (minimum)
Lot Frontage (minimum)
Yards (minimum)
Front
- Exterior Side
- Interior Side
Rear
Dwelling Unit Area (minimum)
Building Height (maximum)
Lot Coverage (maximum)
Dwellings per Lot (maximum)
-
-
-
2 ha
60m
15m
15m
15m
15m
75m2
15m
20%
1
2
Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Minimum Separation Distance for a Salvage Yard
From a residential use on another lot 300 m
From a non-residential use on another lot 100 m
From a watercourse or v/ater body 300 m
Special Exception Zones
(reserved)
0
Zoning By-law No. 02-121
Page 47
Tay Valley Township
7.3 Disposal Industrial (MD) Zone
1. Permitted Uses
portable asphalt plant
waste disposal site
waste recycling facility
waste transfer facility
wayside pit
wayside quarry
2.
3.
Zone Provisions
- Lot Area (minimum)
Lot Frontage (minimum)
- Yards (minimum)
- Front
Exterior Side
Interior Side
Rear
- Building Height (maximum)
- Lot Coverage (maximum)
Additional Provisions
2 ha
60m
30m
30m
30m
30m
15m
20%
1. General Provisions
In accordance with Section 3 hereof.
2. Minimum Separation Distance for a Waste Disposal Facility
From a residential use on another lot 500 m
From a non-residential use on another lot 200 m
From a watercourse or water body 500 m
4. Special Exception Zones
(reserved)
Page 48
Zoning By-law No. 02-121
Tay Valley Township
SECTION 8 - INSTITUTIONAL ZONES
8.1 Institutional (I) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
cemetery
community service
day nursery
park
place of assembly
place of worship
school
residential Care home
2.
3.
4.
Zone Provisions
-
-
Lot Area (minimum)
Lot Frontage (minimum)
- Lots in Hamlet designation in Official Plan
- All other lots
Yards (minimum)
- Front
Exterior Side
Interior Side
Rear
Dwelling Unit Area (minimum)
Building Height (maximum)
Lot Coverage (maximum)
Dwellings per Lot (maximum)
Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
Special Exception Zones
(reserved)
4050 m2
45m
60m
10m
10m
6m
7.5m
75m2
9m
20%
1
0
Zoning By-law No. 02-121
Page 49
Tm Valley Township
SECTION 9 - OPEN SPACE ZONES
9.1 Open Space (OS) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use, excluding buildings
conservation use
golf course
park
2. Zone Provisions
Yard requirements (minimum) 15m
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
1. OS-1 Zone (Part of Lots 2 & 3, Concessions 1 &2, Sherbrooke)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on the lands
zoned OS-1, the following provisions shall prevail:
Permitted uses shall be restricted to the following uses:
Uses accessory to residential uses located on other lots owned by
individual owners-in-common of the lot zoned OS-1, such uses to
be restricted to outdoor recreation, storage of equipment and
supplies, and parking of licensed motor vehicles.
Pedestrian/vehicular right-of-way in favour of adjacent residential
lots owned by others.
A maximum of two buildings or structures may be erected on the lot
for the purpose of accommodating pennitted uses.
The floor area or lot coverage, whichever is greater, of all buildings
and structures shall not exceed 100 m .
-^
^
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Zoning By-law No. 02-121
Toy Valley Township
0
2. OS-2 Zone ^Pa^ o/Zote 2 & 3, Concessions 1 &2, Sherbrooke)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on the lands
zoned OS-2, the following provisions shall prevail:
Permitted uses shall be restricted to the following uses:
Uses accessory to residential uses located on other lots owned by
individual owners-in-common of the lot zoned OS-2, such uses to
be restricted to outdoor recreation and parking of licensed motor
vehicles during daylight hours.
Pedestrian/vehicular right-of-way in favour of adjacent residential
lots owned by others.
No buildings or stmctures shall be permitted.
3. OS-3 Zone (Part of Lots 19 & 20, Concessions 6, Burgess)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on the lands
zoned OS-3, the following provisions shall prevail:
Permitted uses shall be restricted to uses accessory to residential uses
located on adjacent lots owned by owners of the lots zoned OS-3,
such uses to be restricted to outdoor recreation, storage of equipment
and supplies, parking of licensed motor vehicles, and individual wells
and sewage disposal systems.
All buildings and stmctures shall be erected and used in accordance
with the provisions of Section 3.1 (Accessory Uses) of this By-law.
For the purposes of applying this section to the OS-3 zone, the
provisions of subsection 3.1.6 governing buildings and structures
accessory to a residential use in a Residential zone shall apply.
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Zoning By-law No. 02-121
Page 51
Toy Valley Township
SECTION 10 - RURAL ZONES
10.1 Rural (RU) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use
bed and breakfast
conservation use
existing cemetery
kennel
place of worship
portable asphalt plant
single dwelling
wayside pit
wayside quarry
2. Zone Provisions
Lot Area (minimum)
Lot in Hamlet designation in Official Plan
All other lots
- Single dwelling
Other permitted uses
Lot Frontage (minimum)
Lot in Hamlet designation in Official Plan
All other lots
Yards (minimum)
Front
Exterior Side
Interior Side
- Rear
Dwelling Unit Area (minimum)
Dwelling Height (maximum)
Lot Coverage (maximum)
Dwellings per Lot (maximum)
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
r
<
4050 m2
1 ha
2 ha
45m
60m
10m
10m
6 m
7.5m
75m2
9m
20%
1
Page 52
Zoning By-law No. 02-121
Toy Valley Township
2.
c
Minimum Separation Distance of a New or Expanding Livestock Facility
from a Dwelling
Notwithstanding any other provisions of this By-law, new or expanding
livestock facilities shall comply with the Minimum Distance Separation II
(MDS II), as issued by the Ministry of Agriculture and Food.
3.
Minimum Separation Distance for a Kennel
From a residential use on another lot
150m
4. Special Exception Zones
1. RU-1 (Part of Lot 4, Concession 5, Burgess)
Notwithstanding the provisions of Section 10.1.1 to the contrary, on the lands
zoned RU-1, permitted uses shall be restricted to the following:
- A marine facility
A garage for boat storage
2. RU-2 (Rural Co-operative)
Notwithstanding the provisions of Section 10.1 to the contrary, on the lands
zoned RU-2, the following provisions shall prevail:
1. Part of Lot 2, Concession 4, Bathurst (Roll No. 916-010-20400)
Dwellings per lot (max)
Additional uses permitted
2
private school
2. Part of Lot 3, Concession 4, (Bathurst) (Roll No. 916-010-20501)
Dwellings per lot (max) 3
3. Part of Lot 2, Concession 5, (Bathurst) (Roll No. 916-020-20500)
Dwellings per lot (max) 2
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Zoning By-law No. 02-12i
Page 53
Toy Valley Township
SECTION 11 - AGRICULTURE ZONES
11.1 Agriculture (A) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use
bed and breakfast
conservation use
portable asphalt plant
single dwelling
wayside pit
wayside quany
2.
3.
Zone Provisions
Lot Area (minimum)
Lot Frontage (minimum)
Yards (minimum)
- Front
Exterior Side
Interior Side
- Rear
Dwelling Unit Area (minimum)
Dwelling Height (maximum)
Lot Coverage (maximum)
Dwellings per Lot (maximum)
-
40 ha
60m
15m
15m
6 m
15m
75m2
9m
20%
1
2
Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Requirements for Residential Lots Created by Consent
Notwithstanding the zone provisions of Section 11.1.2 to the contrary, where
a lot is severed for residential purposes, such lot may be used for a single
dwelling in accordance with the zone provisions of Section 5.1.2 and the
retained lot shall be exempt from the lot area provision of Section 11.1.2
3. Minimum Separation Distance for a New or Expanding Livestock
Facility from a Dwelling
Notwithstanding any other provisions of this By-law, new or expanding
Page 54
Zoning By-law No. 02-121
Tay Valley Township
livestock facilities shall comply with the Minimum Distance Separation II
(MDS II), as issued by the Ministry of Agriculture and Food.
4. Special Exception Zones
(reserved)
0
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Zoning By-law No. 02-121
Page 55
Toy Valley Township
SECTION 12 - MINERAL RESOURCE ZONES
12.1 Mineral Aggregate Extraction (EX) Zone
1. Permitted Uses
aggregate processing operation
agricultural use, excluding buildings
asphalt plant
concrete plant
conservation use, excluding buildings
pit
portable asphalt plant
quarry
wayside pit
wayside quarry
2.
3.
4.
Zone Provisions
Yards (minimum)
Front
Exterior Side
Interior Side
Rear
Additional Provisions
30m
30m
15m
15m
1. General Provisions
In accordance with Section 3 hereof.
2. Minimum Separation Distance From a Dwelling on Another Lot
Class "B" Pit, with no excavation below the water table 150m
All other Pits 300 m
Quany 500 m
Special Exception Zones
1. EX-1, EX-la, EX-lb and EX-lc (Part of Lots 1 7, 18, 19 & 20, Concession
3, & Part of Lot 18, Concession 2, Bathurst)
Notwithstanding the provisions of Section 12.1.2, on the lands zoned EX-1,
EX-la, EX-lb and EX-1c, the following additional provision shall apply:
Building Height (maximum)
EX-1 zone
r
46m
Page 56
Zoning By-law No. 02-121
Tay Valley Township
EX-la and EX-lb zones
EX-1c zone
35m
6 m
c
Furthennore, notwithstanding the provisions of Sections 12.1.1 to the
contrary, on the portions of the lands zoned EX-la, EX-lb and EX-1c
permitted uses shall be restricted to uses accessory to an aggregate processing
operation as follows:
On lands zoned EX-la, uses shall be restricted to rail sidings;
On lands zoned EX-lb, uses shall be restricted to rail sidings, a
turning circle for trucks and a parking lot for construction workers'
vehicles;
On lands zoned EX-1c, uses shall be restricted to a water supply
pump house facility, including a water intake and upstream gauging
station.
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Zoning By-law No. 02-121
Page S 7
Toy Valley Township
SECTION 13 - NATURAL HERITAGE ZONES
13.1 Environmental Protection (EP) Zone
1. Permitted Uses
existing agricultural use
conservation use, excluding buildings
2. Zone Provisions
Yards (minimum)
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
(reserved)
,/''
15m
Page 58
Zoning By-law No. 02-121
Toy Valley Township
SECTION 14 - NATURAL HAZARD ZONES
0
14.1 Flood Plain (FP) Zone
1. Permitted Uses
agricultural use, excluding buildings
conservation use, excluding buildings
golf course, excluding buildings
marine facility
park, excluding buildings
recreation use, excluding buildings
2. Zone Provisions
1. No fill shall be placed except with the written approval of the relevant
Conservation Authority.
2. No building or structure shall be erected, altered or used except with the
written approval of the relevant Conservation Authority.
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
(reserved)
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Zoning By-law No. 02-121
Page 59
Toy Valley Township
SECTION 15 - APPROVAL
This By-law shall become effective on the date of approval hereof.
This By-law given its first reading on December 10, 2002.
This By-law given its second reading on December 10, 2002.
This By-law given its third and final reading and passed under the Corporate Seal on December 10,
2002.
CORPORATE SEAL OF TOWNSHIP
n. \\.£l
M. Mosher
Mayor
(L-^
K. Coulthart-Dewey
Clerk
Page 60
Zoning By-law No. 02-121
The foregoing metric conversion chart and sample conversions provide approximate conversions
for the convenience of the reader and do not form part of the Zoning By-law.
0
Metric Conversion Chart
Imperial jMultiplied jEquals
lUnits
|By
[Inches
I
^.54
|Feet
10.3048
[Square feet |0.0929
[Acres104047"
IMetric Units
[Metric Units
LENGTH
I
iMultipIied
|By
s
'FCentimetres
[Metres
[Centimetres
pVIetres
10.3937
!-
13.2808
AREA
Hectares
:j2.471
Equals
Imperial
(Units
Inches
~u~~
jFeet
Square metres (Square metres |10.764 [Square feet
^cres
Sample Conversions
AREA
Metric
2
2
10m2
12m2
14m2
20m2
25m2
40m2
70m2
75m2
200m2
230m2
700m2
4050 m2
1 ha
2 ha
40 ha
2
2
2
2
2
Imperial
107.6 sq ft
129.2 sq ft
150.6 sq ft
215.3 sq ft
269.1 sqft
430.6 sq ft
753.5 sq ft
807.3 sq ft
2,152.8 sq ft
2,475.7 sq ft
7,534.7 sq ft
43,593.8 sq ft
2.47 acres
4.94 acres
98.84 acres
c
LENGTH
Metric
1m
2.75m
3m
4.5m
6m
7.5m
9m
10m
15m
20m
30m
45m
60m
120m
150m
300m
500m
Imperial
3.28ft
9.02 ft.
9.84 ft
14.76 ft
19.69ft
24.61 ft
29.53 ft
32.81 ft
49.21 ft
65.62 ft
98.43 ft
147.64 ft
196.85 ft
393.7 ft
492.1 ft
984.3 ft
1,640.4ft