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THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
A BY-LAW TO AMEND ZONING BY-LAW NO. 2002-121, AS AMENDED
(GENERAL AMENDMENT)
WHEREAS, the Planning Act, R.S.O. 1990, Chapter P.13 Section 34 as amended, provides
that the Councils of local municipalities may enact by-laws regulating the use of land and the
erection, location and use of buildings and structures within the municipality;
AND WHEREAS, By-Law No. 2002-121, as amended, regulates the use of land and the
erection, location and use of buildings and structures within Tay Valley Township;
AND WHEREAS, the Council of the Corporation of Tay Valley Township deems it advisable
to amend By-Law No. 2002-121, as amended, to implement the recently updated policies of
the Official Plan for Tay Valley Township;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of Tay Valley
Township enacts as follows:
1. GENERAL REGULATIONS
1.1 Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended, is hereby
further amended by deleting the definition of AGRICULTURAL USE and
replacing it with the following new definition:
"AGRICULTURAL USE shall mean the use of land, buildings or structures for
the growing of crops, including nursery, biomass, and horticultural crops;
raising, breeding, boarding, training and keeping of livestock; raising of other
animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries;
agro-forestry; maple syrup production; and associated on-farm buildings and
structures, including, but not limited to livestock facilities, manure storages,
value-retaining facilities, and accommodation for full-time farm labour when the
size and nature of the operation requires additional employment.
This definition shall include livestock facilities, as herein defined, but shall not
include commercial or industrial activities such as abattoirs, tanneries, kennels
or manufacturing activities involving crops, animal products or wood products."
1.2 Section 2: Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended,
is hereby further amended by adding the following new definition for
AGRICULTURAL-RELATED USES, in alphabetical order.
Page 1 of 17
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
"AGRICULTURE-RELATED USES shall mean those farm-related commercial
and farm-related industrial uses that are directly related to farm operations in
the area, support agriculture, benefit from being in close proximity to farm
operations, and provide direct products and/or services to farm operations as a
primary activity."
1.3 Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended, is hereby
further amended by revising the definition of DAY NURSERY as follows:
"DAY NURSERY shall mean a day care facility licensed under the Child Care
and Early Years Act and which provides care for six (6) or more children.
1.4 Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended, is hereby
further amended by revising the definitions of DWELLING by deleting the
definition of SECONDARY UNIT and replacing it with the following new
definition.
"SECOND DWELLING shall mean an accessory building which contains one or
more habitable rooms designed and occupied as an independent dwelling in
which living, kitchen and bathroom facilities are provided and which is located
on the same lot as a single dwelling, semi-detached dwelling or townhouse
dwelling, as defined herein."
1.5 Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended, is hereby
further amended by revising the definitions of DWELLING by deleting the
definition of MULTIPLE DWELLING and by replacing it with the following new
definition.
"MULTIPLE DWELLING shall mean a dwelling which contains three or more
dwelling units and which is not a townhouse dwelling as herein defined."
1.6 Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended, is hereby
further amended by revising the definitions of DWELLING by adding the
following new definitions of TINY HOUSE DWELLING and TOWNHOUSE
DWELLING, in alphabetical order.
"TINY HOUSE DWELLING shall mean a single dwelling or a seasonal dwelling,
as herein defined, which does not meet the minimum dwelling unit area
requirement of the zone in which it is located but which otherwise meets all of
the other zone standards of the applicable zone and all of the provisions of the
Ontario Building Code."
"TOWNHOUSE DWELLING shall mean a dwelling which contains three or
more dwelling units which are divided vertically, each of which has a separate
entrance, and fully independent front and rear yards."
Page 2 of 17
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
1.7 Section 2, DEFINITIONS, ofBy-Law No. 2002-121, as amended, is hereby
further amended by revising the definitions of DWELLING UNIT by adding the
following new definition of SECOND DWELLING UNIT, in alphabetical order.
"SECOND DWELLING UNIT shall mean one or more habitable rooms designed
and occupied as an independent dwelling in which living, kitchen and bathroom
facilities are provided and which is located entirely within a single dwelling,
semi-detached dwelling ortownhouse dwelling, as defined herein."
1.8 Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended, is hereby
further amended by revising the definition of GARDEN SUITE as follows.
"GARDEN SUITE shall mean a portable detached dwelling located on the same
lot as the principal dwelling which provides for the housing needs of the family
residing in the principal dwelling, and for which a temporary use by-law has
been adopted pursuant to the provisions of the Planning Act."
1.9 Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended, is hereby
further amended by revising the definition of HOME-BASED BUSINESS as
follows.
"HOME-BASED BUSINESS shall mean an occupation, trade, profession or
craft conducted as an accessory use to the use of a dwelling."
1.10 Section 2, DEFINITIONS, ofBy-Law No. 2002-121, as amended, is hereby
further amended by adding the following new definition for INTAKE
PROTECTION ZONE, in alphabetical order.
"INTAKE PROTECTION ZONE (IPZ) shall mean the area upstream of a surface
water intake where land use activities have the potential to affect the quality of
water that flows into the intake."
1.11 Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended, is hereby
further amended by adding the following new definition of ON-FARM
DIVERSIFIED USES, in alphabetical order.
"ON-FARM DIVERSIFIED USES shall mean uses that are secondary to the
principal agricultural use of the property, and are limited in area. On-farm
diversified uses include, but are not limited to, home occupations, home
industries, agri-tourism uses, and uses that produce value-added agricultural
products."
Page 3 of 17
1.12
1.13
1.14
1.15
1.16
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended, is hereby
further amended by revising the definition of PLACE OF WORSHIP as follows.
"PLACE OF WORSHIP shall mean a place which is owned or occupied by a
religious congregation or religious organization and dedicated exclusively to
worship and related religious, social and charitable activities, and may include
churches, chapels, temples, parish halls, mosques and synagogues. It also
includes a convent, a seminary, a monastery, rectory, manse, parsonage, as
well as a place of assembly and cemetery, as herein defined, and offices for the
administration of the religious institution."
Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended, is hereby
further amended by adding the following new definition of RISK MANAGEMENT
OFFICIAL, in alphabetical order.
"RISK MANAGEMENT OFFICIAL shall mean a person appointed by the
Corporation that is responsible for the enforcement of Part IV of the Clean
Water Act, and who has the qualifications prescribed in Ontario Regulation
287/07, as may be amended."
Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended, is hereby
further amended by adding the following new definition of SLEEPING CABIN, in
alphabetical order.
"SLEEPING CABIN shall mean a single storey building which provides
accessory sleeping accommodation, but which shall not contain washroom,
kitchen or other food preparation facilities."
Section 2, DEFINITIONS, of By-Law No. 2002-121, as amended, is hereby
further amended by adding the following new definition for SOURCE
PROTECTION PLAN, in alphabetical order.
"SOURCE PROTECTION PLAN shall mean the Mississippi-Rideau Source
Protection Plan prepared pursuant to the Clean Water Act, 2006."
Section 3, GENERAL PROVISIONS, of By-Law No. 2002-121, as amended, is
hereby furt:her amended by replacing Subsection 3.1.1 with the following:
"1. Accessory buildings or structures, other than sleeping cabins, shall
not be used for human habitation and shall not include kitchen or
sanitation facilities, except as specifically permitted elsewhere in this
By-law."
Page 4 of 17
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
1.17 Section 3, GENERAL PROVISIONS, of By-Law No. 2002-121, as amended, is
hereby further amended by adding the following new subsection at the end of
Section 3.1 (Accessory Uses):
"10. On a lot which both abuts a water body and is situated in a Residential or
Rural zone, one sleeping cabin shall be a permitted accessory use,
provided that:
1. The maximum floor area, including attached decks, of a sleeping
cabin shall be 25 m2.
2. The minimum water setback of a sleeping cabin shall 30 m, or the
water setback of the existing dwelling, whichever is greater."
1.18 Section 3, GENERAL PROVISIONS, of By-Law No. 2002-121, as amended, is
hereby further amended by deleting Section 3.7 and replacing it with a new
Section 3.7 as follows.
3.7 Home-Based Businesses
A home-based business, as herein defined, shall be permitted as an
accessory use to a residential use, unless specifically listed below as a
prohibited use, in in accordance with the following provisions.
1. Residential Character
The home-based business use(s) shall not cause any individual or
cumulative effects that change the residential character of the
main residential use. The use(s) shall not:
- be visible or apparent from adjacent properties, other than due
to permitted signage if any;
- cause a nuisance or annoyance or loss of enjoyment to
neighbours; or,
- cause a significant increase in traffic on streets serving the
dwelling.
Page 5 of 17
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
2. Compatibility
The home-based business use(s) shall not generate noise,
vibration, fumes, dust, effluent, odour, glare, magnetic fields or
radiation, which is evident outside of the dwelling or which
exceeds limits established by existing By-laws and Provincial or
Federal legislation or policy.
3. Maximum Size
The amount of floor area deemed separate and exclusively
dedicated for the home-based business use(s) shall not exceed
25% of the total floor area of the dwelling, or 50 m2, whichever is
the lesser.
4. Location
- The floor area of the home-based business use(s) may be
located in any portion of the dwelling unit.
Not more than 15 m of the floor area may be located in a
private garage or in an accessory building, provided these
structures comply with all other provisions of this By-law.
5. Employees
The home-based business use(s) may have no more than 2
employees at a time working on the premises, in addition to the
residents of the dwelling unit, provided that employee parking, if
required, shall be provided on the lot.
6. Exterior Effects
The home-based business use(s), including the storage or display
of goods or materials, shall be located entirely within the dwelling
or accessory building(s) and shall not be visible from adjacent
properties.
7. Radio, Television and Satellite
The home-based business use(s) shall not interfere with
telephone, television, radio, or satellite reception.
Page 6 of 17
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
8. Health/Life/Fire Safety Hazard
The home-based business use(s) shall not be deemed to present
a health, life or fire safety hazard, as regulated by the Ontario
Building Code, the National Fire Code, the Ministry of the
Environment and Climate Change, the Ontario Ministry of Health
and Long-Term Care, or other provincial or federal legislation.
9. Water and Sewer Services
The applicant shall obtain a sewage system approval and shall
demonstrate to the satisfaction of the Township that there is a
sufficient supply of well water where the proposed home-based
business use(s) may place demands on the existing sewage
disposal and water supply systems that exceed normal domestic
usage.
10. Retail Sales and Rental
The retail sales or rental of merchandise shall only be permitted as
part of the home-based business use(s) where the merchandise:
is produced, assembled, repaired, or otherwise has value
added to it on the property;
is associated with a service that is provided as the primary
component of the home-based business use(s); or
is a transaction where the customer contacts the business to
place an order to purchase or rent the merchandise, and the
merchandise is either picked up by the customer or delivered to
the customer.
-
11. Instruction or Education
The permitted home-based business use(s) may include
instructional or educational activities including private daycares, in
accordance with the following provisions.
- The use(s) shall be limited to a maximum of 6 students at a
time.
The teaching of music, dance, or other physical activity that is
likely to create noise or vibration shall be permitted only where it
can be ensured that noise or vibration will not be detectable to
the occupants of adjacent dwellings.
Page 7 of 17
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
12. Delivery Vehicles
hlome-based business use(s) that require the receipt or delivery of
merchandise, goods, or equipment shall only be permitted where
the delivery vehicles are typical of those vehicles used in
residential deliveries. No deliveries (drop offs or pick-ups) are
permitted between the hours of 7:00 PM and 7:00 AM.
13. Specifically Prohibited Uses
The following uses do not fall within the definition of home-based
business:
any use which does not comply with the preceding provisions;
any use which has not received a license under any other
municipal by-law, as may be required;
kennel, veterinary clinic or any other animal-related use;
licensed day nursery;
any residential use, except as permitted in the Zone in which
the home-based business use is located;
home for the aged, residential care home or nursing home;
laundromat or dry-cleaning use;
restaurant;
retail store;
any automobile-related use, heavy equipment sales or rental
use, equipment rental outlet use and transportation depot use,
as herein defined;
commercial yard sale and open market.
-
14. Special Provisions for Rural and Agricultural Zones
Where a lot is located in the Rural or Agricultural Zones, the
following additional provisions shall apply, provided that the lot is a
minimum of 4 ha.
- All of the provisions of the foregoing subsections shall apply,
except as provided below.
- The home-based business use(s) shall also be permitted in an
accessory building or structure to a maximum floor area of 100
m2.
Page 8 of 17
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
- The home-based business use(s) may include accessory open
uses and storage, provided such open uses and storage are
limited to 200 m and are not located within any required yard."
1.19 Section 3, GENERAL PROVISIONS, of By-Law No. 2002-121, as amended, is
hereby further amended by adding the following words to the end of Subsection
3.13.2:
"other than a sleeping cabin."
1.20 Section 3, GENERAL PROVISIONS, of By-Law No. 2002-121, as amended, is
hereby further amended by deleting Subsection 3.28 (Secondary Units) and
replacing it with the following:
"3.28 Second Dwelling Unit and Second Dwelling
Notwithstanding any provision of this By-law to the contrary, where a
single dwelling, a semi-detached dwelling or a townhouse dwelling is
permitted as a principal use in a zone, a second dwelling unit or a
second dwelling, as herein defined, but not both, are permitted on the
same lot in accordance with the following provisions.
1. General
- The second dwelling unit or second dwelling shall comply with
the provisions of the Building Code Act.
- The second dwelling unit or second dwelling shall be connected
to the same water supply and sewage disposal systems as the
principal dwelling.
- Prior to obtaining a building permit for a second dwelling unit or
a second dwelling, the applicant shall obtain a septic system
approval.
- The maximum floor area of the second dwelling unit or second
dwelling shall not exceed 50% of the floor area of the principal
dwelling, to a maximum of 80 m2 in the Residential and Limited
Services Residential Zones and 95 m2 in the Rural and
Agricultural Zones.
- The second dwelling unit or second dwelling shall share the
driveway entrance to the lot with the principal dwelling.
Page 9 of 17
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
- A minimum of one parking space shall be provided for the
second dwelling unit or second dwelling, in addition to the
minimum parking requirements for the principal dwelling.
The second dwelling unit or second dwelling shall be included in
the calculation of lot coverage.
Prior to obtaining a building permit for a second dwelling unit or
second dwelling, the applicant shall demonstrate to the satisfaction
of the Township, that there is adequate access for Emergency
Services provided by private roads in accordance with the
Township policy for assumption of private roads.
2. Additional Provisions for Second Dwelling Unit
- The second dwelling unit shall not occupy the whole of a storey.
The second dwelling unit shall share two of the following with
the principal dwelling:
- building entrance
- parking area
- outdoor amenity space
- No enlargement or extension to the principal dwelling shall be
permitted unless the enlargement or extension conforms to all
other applicable provisions of this By-law.
3. Additional Provisions for Second Dwelling
- An existing accessory building may be partially or fully
converted to a second dwelling, except that no habitable room
window shall face an interior side lot line or a rear lot line unless
the existing accessory building conforms to the minimum side
lot line setback and rear lot line setback as is required for the
principal dwelling, as the case may be.
- A new accessory building may be constructed as a second
dwelling provided that it conforms to all applicable provisions for
the principal dwelling.
- The maximum permitted height of a new second dwelling shall
be 5m.
Page 10 of 17
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
- A new accessory building which is constructed as a second
dwelling shall be separated by less than 12m from the principal
dwelling."
1.21 Section 3, GENERAL PROVISIONS, of By-Law No. 2002-121, as amended, is
hereby further amended to revise Subsection 3.20 by adding the following new
text to the end of the sentence in the second bullet.
"in the case of an Earth Science ANSI and 120 m in the case of a Life Science
ANSI"
1.22 Section 3, GENERAL PROVISIONS, ofBy-Law No. 2002-121, as amended, is
hereby further amended by adding a new Subsection 3.29 (Source Water
Protection), as follows:
"3.29 Source Water Protection
The Intake Protection Zones, IPZ-9 and IPZ-8, as shown on Schedule
A-1 are overlay zones. Notwithstanding any provisions of the underlying
zones to the contrary, the following additional provisions shall apply.
1. General
All development applications and all building permit applications
for land uses within the IPZ-9 and IPZ-8 overlay zones, as shown
on Schedule A-1, other than for single dwellings, semi-detached
dwellings and duplex dwellings, shall be reviewed by the Risk
Management Official and may require a risk management plan
prepared to the satisfaction of the Township.
2. IPZ-9 Overlay Zone
In the IPZ-9 overlay zone, the following are prohibited uses and
activities:
waste disposal site, including land application of hauled sewage
sewage treatment plant, including activities such as effluent
discharge from a sewage treatment plant or industrial use,
discharge from a combined sewer or sewage treatment plant
by-pass and storage of sewage
salt storage
snow dump
storage and handling of pesticides
-
-
Page 11 of 17
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
3. IPZ -8 Overlay Zone
In the IPZ-8 overlay zone, the following are prohibited uses and
activities are:
- waste disposal site, including land application of hauled sewage
- sewage treatment plant, including activities such as effluent
discharge from a sewage treatment plant or industrial use,
discharge from a combined sewer or sewage treatment plant
by-pass, and storage of sewage
1.23 Section 3, GENERAL PROVISIONS, of By-Law No. 2002-121, as amended, is
hereby further amended to revise Subsection 3.23, Shoreline Occupancy Area,
by deleting the word "shall" in the first sentence and replacing it with the word
"may".
1.24 Section 3, GENERAL PROVISIONS, of By-Law No. 2002-121, as amended, is
hereby further amended by adding a new Subsection 3.30 (Tiny Houses)as
follows:
"3.30 Tiny House
Notwithstanding any other provisions of this By-law to the contrary, a
tiny house dwelling, as herein defined, is permitted as a single dwelling
in all zones where a residential use is a permitted principal use,
provided that the applicant shall obtain a sewage system approval and
that the tiny house dwelling meets all of the zone standards of the
applicable zone.
Where a tiny house dwelling is located on a lot, no accessory buildings
or structures shall exceed 10 m , except for a detached garage".
1.25 Section 5.1, General Residential (R), of By-Law No. 2002-121, as amended, is
hereby further amended by revising Subsection 5.1.1., Permitted Uses, by
deleting "secondary unit".
1.26 Section 5.3, Limited Services Residential (LSR), of By-Law No. 2002-121, as
amended, is hereby further amended by revising Subsection 5.3.1., Permitted
Uses, by deleting "secondary unit".
1.27 Section 6.1, General Commercial (C) Zone, of By-Law No. 2002-121, as
amended, is hereby further amended by revising Subsection 6.1.1., Permitted
Uses, by deleting "secondary unit".
Page 12 of 17
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
1.28 Section 6.3, Tourist Commercial (CT) Zone, of By-Law No. 2002-121, as
amended, is hereby further amended by revising Subsection 6.3.1., Permitted
Uses, by deleting "secondary unit".
1.29 Section 7.1, General Industrial (M) Zone, of By-Law No. 2002-121, as
amended, is hereby further amended by revising Subsection 7.1.1., Permitted
Uses, by deleting "secondary unit".
1.30 Section 8.1, Institutional (I) Zone, ofBy-Law No. 2002-121, as amended, is
hereby further amended by revising Subsection 8.1.1., Permitted Uses, by
deleting "secondary unit".
1.31 Section 10.1, Rural (RU) Zone, ofBy-Law No. 2002-121, as amended, is
hereby further amended by revising Subsection 10.1.1., Permitted Uses, by
deleting "secondary unit", and by adding "on-farm diversified uses", in
alphabetical order.
1.32 Section 11.1, Agricultural (A) Zone, of By-Law No. 2002-121, as amended, is
hereby further amended by revising Subsection 10.1.1., Permitted Uses, by
deleting "secondary unit", and by adding "on-farm diversified uses", in
alphabetical order.
1.33 By-Law No. 2002-121, as amended, is hereby further amended by deleting
Schedules A-1, A-2 and A-3, and by replacing them with new Schedules A-1, A-
2 and A-3, as shown on Schedules A, B and C, attached hereto and forming
part of this By-law.
1.34 THAT, all other applicable standards and requirements of By-Law No. 2002-121
shall continue to apply.
1.35 THAT, this By-Law shall come into force and effect with the passing thereof, in
accordance with the Planning Act, as amended.
2. ULTRA VIRES
Should any sections of this by-law, including any section or part of any schedules
attached hereto, be declared by a court of competent jurisdiction to be ultra vires, the
remaining sections shall nevertheless remain valid and binding.
Page 13 of 17
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2018-041
3. EFFECTIVE DATE
ENACTED AND PASSED this 18th day of September, 2018.
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Page 17 of 17