Comprehensive Zoning By-law No. 75-2006 (Office Consolidation April 2025)
Thames Centre, Ontario
· No. 75-2006
· adopted 2006-09-11
· summary & facts
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THE MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW
Passed by Municipal Council on September 11, 2006
BY-LAW NUMBER 75-2006
OFFICE CONSOLIDATION - April 2025
The Municipality of Thames Centre
COMPREHENSIVE
Zoning By-Law
No. 75-2006
Office Consolidation
This office consolidation of The Municipality of Thames Centre
Zoning By-Law has been provided for convenience only. This
consolidation incorporates all Ontario Municipal Board
decisions/orders and approved amendments up to and
including April 30th, 2025. For official documentation, reference
should be made to the original amendments made to Zoning By-
Law No. 75-2006. Interpretation of the Zoning By-Law shall be
the responsibility of the Municipality of Thames Centre. Please
contact the Planning and Developments Services Department
for official interpretation of the Zoning By-Law and assistance
prior to making any development application.
INCLUDED IN THIS CONSOLIDATION
Zoning By-Law Amendments
By-Law
No.
Date of
Passing
Location
Zone Change
87-2006
20-Nov-06
2309 Westchester Bourne
A to HC-7
&
Section 15.5.7(2)
Added "contractors
yard or shop" as a
permitted use
4-2007
22-Jan-07
5214 Marion Street
A, FD to T-A-4-1-22-
2010, T-FD-1-1-22-
2010
&
Sections "5.6.4",
"27.5"
14-2007
5-Mar-07
4454 Marion Street
M1 to M1-5
&
New "19.4.5"
subsection
31-2007
7-May-07
3886 Hamilton Road
Section 10.4.2(2)
Added "dwelling unit"
as a permitted use
52-2007
30-Jul-07
4301 Putnam Road
A to HR
60-2007
27-Aug-07
Pt Lots 14 & 15, Con II, formerly in the
Township of West Nissouri, now in the
Municipality of Thames Centre, in the
County of Middlesex.
M3 to M2, M2-19
&
Section 20.4.19
Added "Defined
Area" and "Permitted
Uses"
69-2007
15-Oct-07
2024 Westchester Bourne
HR to GC1-5
70-2007
15-Oct-07
21430 Nissouri Road
M3 to A
71-2007
15-Oct-07
4245 Elgin Road
A to HR
78-2007
29-Oct-07
4077 Breen Road
Section 20.4.12
Added "auction
establishment" as a
permitted use
87-2007
26-Nov-07
4908 Dorchester Road
A to HR
88-2007
26-Nov-07
Pt Lot 23, Con II, on the east side of
Valleyview Road
RR, EP to RR-6
&
New "12.4.6"
subsection
3-2008
21-Jan-08
5891 Putnam Road
A to HR
9-2008
11-Feb-08
NE intersection of Marion Street &
Shaw Road
M1 to M1-6
&
New "19.4.6"
subsection
14-2008
10-Mar-08
Pt Lot 3, Con VII, formerly in the
Township of West Nissouri, now in the
Municipality of Thames Centre, in the
County of Middlesex.
A to M2-5
18-2008
7-Apr-08
49 Byron Avenue
M1 to R1, R1-8
&
New "9.4.8 "
subsection
25-2008
5-May-08
4189 Mossley Drive
M2 to I-4
&
New "23.4.4"
subsection
34-2008
26-May-08
Pt Lot 16, Con III formerly in the
Township of West Nissouri, now in the
Municipality of Thames Centre, in the
County of Middlesex.
FD to OS, R1-7, R3,
I, R1-h
41-2008
23-Jun-08
4350 Putnam Road
I to HR
59-2008
8-Sep-08
2544 Dorchester Road
FD-1 to h-5 R1
54-2008
8-Sep-08
23545 Wellburn Road
A to A-38, HR
&
New "5.5.38"
subsection
By-law No.
Date of Passing
Location
Zone Change
Map #
46-2008
Z19-2005
August 11, 2008
Pt. Lot 21, Con A, SRT
"A" to "HC-14"
& 15.5.14 Defined Area and
permitted uses
40
47-2008
Z4-2007
April 9, 2009
3998 Gladstone Drive
"A" to "A38" and "EP" to
EP-4 added outdoor
paintball facility
58
67-2008
October 6, 2008
257 Hamilton Cres
"M1" to "M1-7" &
19.4.7 new subsection
2-1
89-2008
December 8, 2008
48 Crampton Drive
Temporary use of land
Expire 15-12-2011
28-2009
April 6, 2009
20162 Nissouri Road
Temporary use of land
Expire 06-04-2012
29-2009
April 6, 2009
17938 Oliver Drive
Temporary use of land
Expire 06-04-2012
30-2009
April 6, 2009
6337 Marion Street
"A" to M3
38
38-2009
April 20, 2009
Part of Lot 12 Con 3, in the
former Township of W.
Nissouri
"A" to M3
18
44-2009
May 20, 2009
Lot 16 Con III, in the former
Township of W. Nissouri
See map
3-1
48-2009
June 1, 2009
16169 Thorndale Rd, Lot 15,
Con 1
M3 to "A"
17
49-2009
June 1, 2009
3810 Elgin Road - Lot 12 Con
II, SRT
"A" to HR
49A
73-2009
August 31, 2009
4823 Dundas St. - Lot 9 Con
1, NRT
"A" to AGC-1 & Section 7.5.1
added "Defined Area" and
"Permitted Uses"
31
77-2009
September 21,
2009
146 Railway St. - Lot 15, Con
3
R1-1 to M1-8 and Section
19.4.8 added Defined Area,
Permitted Uses, Regulations
3-1
92-2009
October 26, 2009
51 Byron Ave.- Lot 18, Con
B, SRT
FD to I
2-5
102-2009
December 7, 2009
Part of Lot 15, Con V, SRT, in
the former Township of N.
Dorchester
R1-7 to R1-12 and R1-7 to I-
5 & Section 9.4.12 & Section
23.4.5 "Defined Area and
"Regulations" and "Defined
Area" and "Permitted Uses"
2-6
109-2009
December 14,
2009
21473 Nissouri Rd, Part of
Lot 13, Con 2, in the former
Township of W. Nissouri
M3-A
17
9-2010
(Repeals By-
law 46-2008)
February 8, 2010
Lot 21, Con A, SRT, in the
former Township of N.
Dorchester
HC-14 to HC14-h-5
40
28-2010
(Repeals By-
law 18-2010)
May 10, 2010
3352 Dorchester Road, Part
of Lot 18, Con 1
"A" to CR-h-3
48
31-2010
August 9, 2010
Part of Lot 16 Con III, in the
former Township of W.
Nissouri
R3 to R3-5 and Section
11.4.5 Added Defined Area
and Regulations
3-1
By-law No.
Date of Passing
Location
Zone Change
Map #
48-2010
July 12, 2010
Part Lots 14 and 15, Con 2 in
the former Township of W.
Nissouri
M3 to M2
17
54-2010
August 9, 2010
Lot 19, Con A, SRT, in the
former Township of N.
Dorchester
"A" to GC1-6 and added
Section 14.5..5.1 Defined
Area and Permitted Uses
48
62-2010
September 13,
2010
5139 Cobble Hills Road , Part
of Lot 3, Con VII, in the
former Township of W.
Nissouri
M2-5 to A-41 and Section
5.5.41 added Defined Area &
Minimum Lot Area
29
63-2010
September 13,
2010
Lot 13, Con B, SRT in the
former Township of N.
Dorchester
FD to R1
42
64-2010
September 13,
2010
Part of Lot B, Con IV, SRT in
the former Township of N.
Dorchester
A to A-42 and added Section
5.5.42 Defined Area and
Minimum Lot Area 10 ha
59
66-2010
October 4, 2010
Lot 16, Concession 3, in the
former Township of West
Nissouri
GC-1 to R3
3-1
2-2011
January 10, 2011
5736 Putnam Road, Part of
Lot 3, Con VI, SRT in the
former Township of N.
Dorchester
A to HR-6 and added
Section 8.4.6 Defined Area
and Regulations
64A
4-2011
January 24, 2011
Part of Lot 11, Con III, in the
former Township of N.
Dorchester
FD to R1
2-3
5-2011
January 24, 2011
Part of Lot 16, Con B, SRT in
the former Township of N.
Dorchester
R3 to R3-6 and added
Section 11.4.6 Defined Area
and Regulations
2-6
26-2011
April 4, 2011
Trails at Wye Creek - Lot 16,
Con 3 in the former Township
of W. Nissouri
R1-7 to R1-13 and added
Section 9.4.13 Defined Area
and Regulations
3-1
46-2011
June 27, 2011
4900 Gladstone Drive - Lot
B, Con 4 SRT in the former
Township of N. Dorchester
A to AGC-2 and added 7.5.2
Defined Area and Permitted
Uses
59
48-2011
July 11, 2011
20379 Nissouri Road, Lot 4,
Con 2, in the former
Township of W. Nissouri
Temporary use of land
T-A-4 - 11-07-2014
26
75-2011
December 12,
2011
Lot 1, Con B SRT, in the
former Township of N.
Dorchester
HR to GC1-7 Amend Section
2 Definitions and added
Section 14.5.5.2 Defined
Area, Permitted Uses &
Number of Parking Spaces
39A
76-2011
November 7, 2011
31 Mill Road, in the former
Township of N. Dorchester
R1 to R1-14 Added Section
9.4.14 defined area and
regulations
2-4
77-2011
November 7, 2011
245 Hamilton Crescent, in the
former Township of N.
Dorchester
M1 to M1-9 Added Section
19.4.9 Defined and
Permitted Uses
2-1
By-law No.
Date of Passing
Location
Zone Change
Map #
80-2011
(Repeals By-
law 70-2011)
October 24, 2011
General Amendment to
Parking Regulations
Deleted Section 4.2.1(3) and
replaced with new section
(3)
90-2011
December 12,
2011
22135 Purple Hill Road, Lot
18, Con 5, in the former
Township of W. Nissouri
Temporary use of land
T-A-5 -31-12-2012
15
97-2011
December 12,
2011
1978 Westchester Bourne, in
the former Township of N.
Dorchester
GC1 to CG1-8
39A
12-2012
March 5, 2012
5862 Putnam Road
"I" to "HR"
64A
17-2012
April 2, 2012
Pt. Lot 10 Con 1 former Twp
of West Nissouri
Temporary use of land
T-M3-h - 1-05-2015
22
18-2012
April 2, 2012
4009 Westchester Brne.
former Twp of N. Dorchester
Replace section 15.5.11
(permitted uses)
22-2012
April 16, 2012
Pt. Lot 17 Con 2 former Twp
of W. Nissouri
"A" to "M3"
13
28-2012
May 7, 2012
187 Byron Ave. former Twp of
N. Dorchester
"FD-3" to "R3-7" Added
Section 11.4.7 Defined area
and Permitted uses
2-5
29-2012
May 7, 2012
5342 Hamilton Road
CR-4 to A
43
34-2012
June 11, 2012
17938 Oliver Drive
Temporary use of Land
T-A-1 11-06-2015
12
36-2012
June 11, 2012
4540 Breen Road
Temporary use of land
T-A-3 11-06-2015
45
37-2012
June 11, 2012
16662 Thorndale Road
M2 to M2-20 Added Section
20.4.20 Defined area,
Permitted Uses and
Regulations
13
38-2012
June 11-2012
22162 Nissouri Road
Temporary use of land
T-A-2 11-06-2015
27
44-2012
June 11, 1012
Pt. Lot 25, Con IV
"I" to "A"
10
61-2012
July 16, 2012
Pt. Lot 1, Con A SRT
EP to M3
45
66-2012
August 13, 2012
Pt. Lot 16 Con III former Twp
of West Nissouri
R1-h to R1-10 and R1-11
and R2-4
3-1
75-2012
Sept. 10, 2012
225 King Street
GC1 to GC1-9 added
Section 14.5.5.4 Defined
Area, Permitted Uses &
Regulations
3-1
6-2013
Feb. 4, 2013
2823 Catherine Street
M2 to M2-21 added Section
20.4.21 Defined Area &
Permitted Uses
35
7-2013
Feb. 4, 2013
Pt. Lot 16 Con III
GC1-1 to GC2-6 added
Section 14.5.11 Defined
Area and Permitted Uses
3-1
8-2013
Feb. 4, 2013
3300 Putnam Road
A to AGC-3 added Section
7.5.3 Defined Area and
Permitted Uses
52
By-law No.
Date of Passing
Location
Zone Change
Map #
13-2013
May 27, 2013
5547 Elgin Road
GC1 to GC1-10 added
Section 14.5.5.5 Defined
Area and Permitted Uses
62A
14-2013
Mar 4, 2013
17609 Gregory Drive
I to HR-7 HR-8 added
Defined Area and
Regulations
3A
15-2013
Mar 4, 2013
22135 Purple Hill Road
T-A-6 (28-02-2014)
15
16-2013
Mar 4, 2013
22157 Purple Hill Road
Change A to OS
15
32-2013
April 8, 2013
Pt. Lots 12 & 13 Con II
Change M3 to A
17
33-2013
1st & 2nd reading
(no 3rd Reading)
4524 Westchester Brne
Added to Section 5.5.29 (A-
29) permitted uses
42-2013
May 6, 2013
3972 and 3950 Dundas St
HC to CR and RR-7 and CR
to RR-7
26
52-2013
June 17, 2013
4211 Breen Rd
Change (I) to (M2)
52
68-2013
Sept 9, 2013
Marion Street
Change from (FD) to (R1-15)
2-3
69-2013
Nov 24, 2014
2005 Westchester Brne
GC1 to GC1-11
39A
79-2013
Oct 7, 2013
16619 Wyton Drive
Change (A) to (M2)
22
98-2013
Dec. 16, 2013
Lots 24 & 25, Con 1
Change from (A) to (A-43)
9
99-2013
Dec 16, 2013
Lot 6, Con V
Change from (I) to (A)
24
9-2014
May 8, 2017
Lot 15 Con III
Change from (FD) to (R1-16)
and (OS)
3-1
14-2014
Mar 3 2014
Lots 18 & 19, Con B SRT
(FD) to R1-17, R1-18 & R3-
8 added Sections 9.4.17,
9.4.18 & 11.4.8 Defined Area
& Permitted Uses
2-4
2-5
21-2014
Mar 24 2014
Pt Lot 18, Con 2 NRT
Change from (A) to (M3)
33
28-2014
Mar 26 2014
4430 Dundas St.
Change from (HC-5-h) to HC
27
42-2014
May 26 2014
21778 Nissouri Rd.
M1 to M1-10 added Section
19.4.10 Defined Area and
Permitted Uses
3-1
46-2014
Jun 16 2014
22135 Purple Hill Rd.
(A) to (A-44) added Section
5.5.44 Defined Area &
Permitted Uses
15
47-2014
Jun 16 2014
21858 Fairview Rd.
(A) to First Density
Residential (R1)
3-2
69-2014
Jun 15 2015
187 Byron Ave.
(FD-3) to (R1-19) added
Section 9.4.19
2-5
76-2014
Nov 3 2014
428 Richmond St.
(M3) to (A)
32
77-2014
Nov 3 2014
Part Lot 3, Con B, SRT
Amend Definitions 2.298.1
add Propane Transfer
Facility, Commercial.
Change from M2 to M2-23
and add Propane Transfer
Facility, Commercial as an
additional permitted use.
45
85-2014
Dec 15 2014
21558 Olalondo Rd.
(A) to (M3)
17
7-2015
Feb 18 2015
20110 Purple Hill Road
(M3) to (A-h)
2-2
8-2015
Feb 9 2015
5090 Marion Street
(FD) to (R1)
28
By-law No.
Date of Passing
Location
Zone Change
Map #
20-2015
Mar 2 2015
21964 Fairview Rd.
(A) to (AGC-4) added
section 7.5.4
14
40-2015
May 11 2015
20110 Purple Hill Rd.
(A-h) to (A)
28
43-2015
May 11 2015
5539 Hamilton Rd.
(A) to (CR-8) added Section
18.4.8
43
58-2015
Jun 15 2015
4240 Avon Drive
(OS) to (HR)
64A
59-2015
Jun 15 2015
1135 Ideal Drive
(M3) to (M2)
17
66-2015
Jul 13 2015
Pt Lot 16, Con III (Trails @Wye
Creek Phase 4b)
(R1-h) to (R1-10)
3-1
80-2015
Sept 21 2015
4159 Breen Rd.
(M2-12-h) to (M2-12)
51
93-2015
Nov 2 2015
21815 & 21819 Nissouri Rd.
) to (R1) & (FD-4) added
Section 27.4.4
13
102-2015
Dec 14 2015
17606 Thorndale Rd.
(A) to (A-45)
15
103-2015
Dec 14 2015
22297 Fairview Rd.
(A) to (A-45) added
5.5.45(1)(b)
14
9-2016
Feb 8 2016
20082 Purple Hill Rd.
(M3) to (A)
28
10-2016
Feb 8 2016
2844 Cromarty Dr.
(A) to (M2-24) added
Section 20.4.23
50
11-2016
Feb 8 2016
289 Clara St.
(FD) & (EP) to (R1-20), (FD-
5) & (EP) added Sections
9.4.20 & 27.4.5
2-2
12-2016
Feb 8 2016
4524 Westchester Bourne
Amend by deleting Section
5.5.29 (A-29) and replacing
with Section 5.5.29 (A-29)
54
24-2016
Mar 14 2016
17222 Oliver Drive
(A) to (A-45) added
5.5.45(1)(c)
10
29-2016
Mar 30 2016
Pt Lot 3, Con A, SRT, Pt Lot
3, Con B, SRT
(A) to (M3)
45
36-2016
Apr 11 2016
6351 Trafalgar St.
(A), (EP) & (W) to (A-45),
(EP) & (W) added 5.5.45(1)(e)
33
37-2016
Apr 11 2016
3344 & 3490 Putnam Rd
(HC) & (A) to (MHP-3)
52
38-2016
Apr 11 2016
22610 Nissouri Rd
(A) & (EP) to (A-45) & (EP)
added 5.5.45(1)(d)
10
51-2016
May 9 2016
5700 Gore Road
(A), (EP) & (W) to (A-45),
(EP) & (W) added 5.5.45(1)(f)
32
52-2016
May 9 2016
16781 & 16791 Wyton Dr.
(A) & (EP ) to (A-45) & (EP)
added 5.5.45 (1)(g)
22
53-2016
May 9 2016
3600 & 3652 Dorchester Rd.
(A) & (EP) to (A-45) &
(EP) added 5.5.45
(1)(h)
48
54-2016
May 9 2016
2678 Ferrar Road
(A) To (A-45) added
5.5.45 1(i)
40
56-2016
May 9 2016
2112 & 2124 Westchester
Bourne
(CR-2) to (HR)
39A
63-2016
June 20 2016
23426 Heritage Road
(A)
to (A-
45) added
5.5.45 1(j)
7
By-law No.
Date of Passing
Location
Zone Change
Map #
64-2016
June 20 2016
23330 Heritage Road
(A) to (A-45) added
5.5.45 1(k)
7
65-2016
June 20 2016
Lots 3 to 5, Plan 359,
Thorndale
(R1-1) to (R2-4) & (R1-8)
3-1
66-2016
June 20 2016
22058 Heritage Road
(A) & (EP) to (A-45) & (EP)
added 5.5.45 1(l)
15
73-2016
July 11 2016
5571 Dundas Street
(A)
& (EP) to (A-
45) & (EP) added
5.5.45 1 (m)
32
74-2016
July 11 2016
17685 Oliver Drive
) & (EP) to (A-45) & (EP) added
5.5.45 1 (n)
15
75-2016
July 11 2016
22111 Valley View Road
(A) & (EP) to (A-45) &
(EP) added 5.5.45 1
(o)
13
76-2016
July 11 2016
4049 Catherine Street
(R1) to (R2-5)
2-2
81-2016
August 8 2016
18033 Plover Mills Road
(A) & (EP) to (A-45) & (EP)
added 5.5.45 1 (p)
12
82-2016
August 8 2016
23166 Wellburn Road
(A) to (A-45)
added 5.5.45 1 (q)
7
83-2016
August 8 2016
23287 Heritage Road
(A) to (A-45) added
5.5.45 1 (r)
6
96-2016
October 3 2016
23370 Cherry Hill Rd.
) & (EP) to (A-45) & (EP)
added 5.5.45 1 (s)
8
97-2016
October 3 2016
2630 Lower Cow Path
(A), (EP) & (W) to (A-45),
(EP) & (W) added 5.5.45.1
(t)
43
98-2016
October 3 2016
Pt Lot 16, Concession 3
(R1-h) & (EP) to (R1-10-h),
(R1-21-h) and (EP)
3-1
101-2016
October 17 2016
Pt Lots 1 & 2, Concession 6
(A-h) to (A)
28
102-2016
October 17 2016
4300 Breen Road
Amend Definition "Propane
transfer Facility Commercial"
Section 2.298.1
N/A
107-2016
November 7 2016
22445 Fairview Road
) & (EP) to (A-45) & (EP)
added 5.5.45.1 (u)
10
108-2016
August 21 2017
2648 Harris Road
(A) & (EP) to (M1-11),
(R1), (R1-22) & (EP)
2-4
117-2016
December 12,
2016
3560 Westchester Bourne
(A), (EP) & (W) to (A-45),
(EP) & (W) added 5.5.45.1
(v)
47
118-2016
December 12,
2016
23504 Wellburn Road
(A) to (A-45)
added 5.5.45 1 (w)
7
10-2017
February 6, 2017
2356 & 2368 Hamilton Road
(HR), (GC1) & (GC1-7) to
(HR-9) & (GC1-7)
39A
18-2017
Z32-2016
February 22, 2017
160 King Street
amended and replaced
section 23.4.1 (permitted
uses)
3-1
20-2017
Z3-2017
March 6, 2017
5090 Marion Street
(A), (EP) & (FD) to (R1),
(FD-6), (A) & (EP)
2-2
40-2017
Z8-2017
May 8, 2017
5156 Hamilton Road
(HC) to (HC-15)
37
49-2017
Z9&Z10-2016
LPAT-
PL161154
May 29, 2017
20232 & 20304 Heritage
Road
(A) & (EP) to (M3-5), (A-46),
(A-47) & (EP)
28
53-2017
Z10-2017
June 12, 2017
23174 Cherry Hill Road
(A) To (A-45)
added 5.5.45 (1) (x)
8
54-2017
Z6-2017
June 12, 2017
Part Lot 11, Con 3
(FD) to (R1-15), (OS-7), (FD-
6)
2-3
56-2017
Z30-2016
June 12, 2017
20162 Nissouri Road
(A) & (EP) to (T-A-1 06-12-
2020) - Expired
27
60-2017
Z14-2017
June 26, 2017
Lot 16, Concession 3
Trails at Wye Creek - Phase 5
(R1-10-h) to (R1-10)
3-1
63-2017
Z15-2017
July 17, 2017
21778 Nissouri Road
(M1-10) to (GC2-7)
3-1
64-2017
Z13-2017
July 17, 2017
5865 Cobble Hills Road
(A) & (EP) to (A-45) & (EP)
added 5.5.45(1) (y)
20
65-2017
Z16-2017
July 17, 2017
5299 Dorchester Road
(A-27) to (A)
61
66-2017
Z12-2017
July 17, 2017
Part Lot 1, Concession 3
FD & (RR) to (A-46), (FD-7)
& (HC)
27
85-2017
Z17-2017
Oct 16, 2017
21034 Cherry Hill Road
(A) & (EP) to (A-45) & (EP)
added 5.5.45(1) (z)
25
94-2017
Z18-2017
Nov 13, 2017
6503 Cobble Hills Rd.
(A) to (A-45)
added 5.5.45(1) (aa)
12
95-2017
Z19-2017
Nov 13, 2017
6347 Cobble Hills Rd.
(A) & (EP) to (A-45) & (EP)
added 5.5.45(1) (ab)
12
102-2017
Z21-2017
Dec 11, 2017
2115 Gladstone Drive
A & (EP) to (A-45) & (EP)
added 5.5.45(1) (ad)
62
103-2017
Z23-2017
Dec 11, 2017
23332 Fairview Road
A) to (A-45)
added 5.5.45(1) (ac)
6
104-2017
Z22-2017
Dec 11, 2017
200 Agnes Street
(MHP) to (R1-18)
2-5
3-1
4-2018
Z5-2017
Jan 8, 2018
17938 Oliver Drive
A to T-A-2 01-08-2021
12
11-2018
Z4-2017
Jan 29 2018
48 Crampton Drive
HC-12 to T-HC-12 01-29-
2021
54
14-2018
Z9-2017
Feb 12 2018
Pt lots 16 & 17, Con 2, NRT
(A-45) to (M3)
33
16-2018
Z26-2017
Feb 12 2018
Pt Lot 11, Concession 3,
NRT
(FD-6) to (R1-15)
Section 27.4 (2) of FD Zone
deleted and replaced
2-3
17-2018
Z27-2017
Feb 12 2018
1632 Harrietsville Drive
(A) to (A-45) added 5.5.45(1)
(ad)
62
15-2018
Z24-2017
Mar 5 2018
Pt lot 6, Con 5
(A) to AGC-5
24
By-law No.
Date of Passing
Location
Zone Change
Map #
25-2018
Z2-2017
Mar 5 2018
20379 Nissouri Road
A to T-A-3 03-05-2021
26
27-2018
Z2-2018
Mar 5 2018
24007 Cherry Hill Road
(A) to (A-45)
added 5.5.45(1) (ae)
3
34-2018
(Z1-2018)
Apr 9 2018
22177 Nissouri Road
(A) to (A-45)
added 5.5.45(1) (af)
13
35-2018
(Z3-2018)
Apr 9 2018
21055 Fairview Road
(A) to (A-45) added
5.5.45(1) (ag) and (A-48)
23
44-2018
(Z6-2018)
May 7/18
16760 Wyton Drive
(A) to (A-45) added 5.5.45(1)
(ah)
17
48-2018
(Z7-2018)
May 28, 2018
Pt Lot 16, Con 3, Lots 7 - 37
on 33M-744
Pt Lot 16, Con 3, Lots 1 - 6
on 33M-744
(R1-10-h) to (R1-10)
(R1-21-h) to (R1-21)
3-1
51-2018
(Z9-2018)
June 11, 2018
3004 Westchester Bourne
(A) to (M2)
47
52-2018
(Z8-2018)
June 11, 2018
5328 & 5342 Gore Road
(A) to (A-45)
added 5.5.45(1) (ai)
32
53-2018
(Z11-2018)
June 11, 2018
22456 Nissouri Road
(A) to (A-45)
added 5.5.45(1) (ak)
10
54-2018
(Z10-2018)
June 11, 2018
17288 Oliver Drive
(A) to (A-45)
added 5.5.45(1) (ak)
10
65-2018
(Z13-2018)
July 16, 2018
23046 Nissouri Road
(A) to (A-45)
added 5.5.45(1) (al)
6
73-2018
(Z11-2017)
Aug 13 2018
16169 Thorndale Road
(A)
to (A-49) & (M3-6)
Added Section 5.5.49 &
Section 21.4.46
17
76-2018
(Z14-2018)
Sept 10, 2018
17087 Wyton Drive
(A) to (A-45)
added 5.5.45(1) (am)
23
87-2018
(Z15-2018)
Nov 5, 2018
146 Crampton Drive
(A) to (A-45)
added 5.5.45(1) (an)
54
98-2018
(Z18-2018)
Dec 10, 2018
41 Byron Avenue
(M1) to (R1)
2-5
16-2019
(Z20-2018)
Feb 4, 2019
3490 Putnam Road
(A) to (M2-h)
52
17-2019
(Z21-2018)
Feb 4, 2019
23086 Fairview Road
(A) to (A-45)
added 5.5.45(1) (ao)
6
24-2019
(Z4-2018)
March 4, 2019
20317 Purple Hill Road
(A) to (M3)
28
23-2019
(Z1-2019)
March 4, 2019
5481 Trafalgar Street
(A) to (A-45)
added 5.5.45(1) (ap)
32
22-2019
(Z2-2019)
March 4, 2019
3844 Catherine Street
(R1) to (R2)
2-1
36-2019
(Z3-2019)
April 29, 2019
6434 Hamilton Road
(A) to (A-45)
added 5.5.45(1) (aq)
44
32-2019
(Z4-2019)
April 29, 2019
23214 Fairview Road
(A) to (A-50) and (A-45)
added 5.5.45(1) (ap)
6
By-law No.
Date of Passing
Location
Zone Change
Map #
33-2019
(Z5-2019)
April 29, 2019
18065 Thorndale Road
(A) to (A-45)
added 5.5.45(1) (ar)
20
31-2019
(Z6-2019)
April 29, 2019
4723 Gladstone Drive
(A) to (A-48) and (A-45)
added 5.5.45(1) (aq)
65
34-2019
(Z7-2019)
April 29, 2019
3416 Cromarty Drive
(A) to (AGC-6)
51
44-2019
(Z9-2019)
May 13, 2019
5387 Cobble Hills Road
(A) to (A-45)
added 5.5.45(1) (as)
25
43-2019
(Z10-2019)
May 13, 2019
20422 Nissouri Road
(A) to (A-51)
27
42-2019
(Z1-2017)
May 13, 2019
Part of Lot 15, Concession 3
(West Nissouri)
(M1-h), (FD) and (EP) to
(R1-22-H), (R1-23-H), (R3-9-
H), (GC2-6), (OS) and (EP)
3-1
53-2019
(Z12-2019)
June 10, 2019
24054 Heritage Road
(A) to (A-45)
added 5.4.45(1) (as)
3
67-2019
(Z11-2019)
July 15, 2019
20216 Purple Hill Road
(A) to (OS)
28
68-2019
(Z13-2019)
July 15, 2019
5539 Hamilton Road
(A) and (CR-8) to (CR-3)
43
72-2019
(Z8-2019)
August 12, 2019
Municipality of Thames
Centre
Wellhead Protection Areas
(WHPAs)
2-5,
2-6,
3-1,
3-2,
14, 15,
41, 42,
48, 49,
60 &
61
79-2019
(Z15-2019)
September 9, 2019
4292 Dundas Street
HC-2 - Deleting "bingo hall
and replacing with
"contractor's yard or shop"
N/A
90-2019
(Z17-2018)
October 7, 2019
22342 Fairview Road
(A) to (A-45)
added 5.4.45(1) (at)
14
89-2019
(Z17-2019)
October 7, 2019
533 Westminster Drive
(A) to (A-45)
added 5.4.45(1) (au)
53
95-2019
(Z19-2018)
November 4, 2019
2 Stardust Drive
(RM) to (RM-1)
48
96-2019
(Z20-2019)
November 4, 2019
1645 Gladstone Drive
(A) to (A-45)
added 5.4.45(1) (at)
62
108-2019
(Z21-2019)
December 16, 2019 233 King Street
GC1 to GC1-12
3-1
009-2020
January 27, 2020
Fairview Subdivision
(FD) to (R1-24-H), (R1-25-
H), (R2-6-H), and (OS)
3-1
021-2020 March 9, 2020
Boardwalk Subdivision
(R1-17), (R1-26) & (R3-8)
added 50% max coverage
2-4
2-5
41
By-law No.
Date of Passing
Location
Zone Change
Map #
38-2020
June 22, 2020
20162 Nissouri Road
(A) & (EP) to (T-A-1 06-
22-2023)
27
40-2020
June 22, 2020
5251 Dorchester Road
(M2-15) to (T-M2-15 06-22-
2023)
61
44-2020
July 13, 2020
3 Elliott Trail
(R1) to (R1-27)
3-1
55-2020
September 28,
2020
16969 Evelyn Drive
A to A-45
27
67-2020
October 26, 2020
251 King Street
R1 to R1-1
3-1
69-2020
October 26, 2020
Rosewood Subdivision -
Phase 1
R1-H to R1; R1-23-H to R1-
23
3-1
74-2020
November 9, 2020
Pt. Lot 9, Con 1, SRT (NDT)
A to M3 & A to A-52
50
1-2021
January 18, 2021
3674 Gore Road
A to A-45
30
10-2021
February 8, 2021
5042 Hamilton Road
FD to R1
37
16-2021
March 8, 2021
5397 & 5407 Westchester Bn. A to A-45
53
17-2021
March 8, 2021
4211 Breen Road
M2 to M2-25
52
18-2021
March 8, 2021
3810 Elgin Road
A to A-53
50
21-2021
March 29, 2021
1281 Gladstone Drive
A to A-54 and HR
61
27-2021
April 12, 2021
3418 Catherine Street
Additional permitted uses
-
35-2021
April 26, 2021
5373 Cobble Hills Road
A to T-A-4 04-26-2024
20
42-2021
May 26, 2021
161 Queen Street
R1 to R1-28
2-5
47-2021
June 14, 2021
23234 Wellburn Road
A to A-45
7
48-2021
June 14, 2021
4008 Dundas Street
HC to HC-17
26
49-2021
June 14, 2021
4193 Hamilton Road
GC2-3 - Additional permitted
uses
-
50-2021
June 14, 2021
230 King Street
GC to GC1-13
3-1
51-2021
June 14, 2021
2387 Westchester Bourne
A to A-55 & A to HC-7
39
53-2021
June 14, 2021
Rosewood Subdivision
OS to R1-23 & R3-9-H to
R3-10-H, replacing Section
11.4.9
3-1
61-2021
August 9, 2021
21563 Heritage Road
A to A-45
18
71-2021
September 13,
2021
Dorchester Road at
Boardwalk Way
R1-H-5 to R1
2-5
75-2021
October 4, 2021
3251 Cromarty Drive
A to T-A-F 10-4-2024
51
85-2021
November 8, 2021
1274 Shaw Road
M1 to M1-10
2-1
90-2021
December 13, 2021 22198 Fairview Road
A to T-A-6 12-13-2031
14
92-2021
December 13, 2021 Boardwalk at Mill Pond
Subdivision- Phase 2
R1-17-H to R1-17
41
93-2021
December 13, 2021 16614 Thorndale Road
A to A-56
13
5-2022
January 10, 2022
18038 Thorndale Road
A to A-45
16
12-2022
February 14, 2022
2005 Westchester Bourne
GC1-11- Additional
permitted uses
-
21-2022
March 28, 2022
21055 Fairview Road
A-48 to T-A-7 03-28-2025
23
29-2022
April 25, 2022
6367 Dundas Street & 6508
Trafalgar Street
A & EP to M3 & EP
33
30-2022
April 25, 2022
Pt. Lot 18, Con 3, NRT
A to M3
38
31-2022
April 25, 2022
17406 Evelyn Drive
AGC-5 replacing Section
7.5.5
-
32-2022
April 25, 2022
16364 Thorndale Road
A & EP to A-57 & EP
13
33-2022
April 25, 2022
Boardwalk at Mill Pond
Subdivision- Phase 3
R1-17-H to R2-6-H
2-5 &
41
41-2022
May 16, 2022
Foxborough Subdivision-
Phase 3 & 4
R1-16 to R1-27 Additional
regulations
3-1
42-2022
May 16, 2022
23310 Wellburn Road
A to A-58
7
43-2022
May 16, 2022
20278 Fairview Road
A & EP to A-45 & EP
27
46-2022
May 30, 2022
17630 Gregory Drive
GC1 to HR
3A
47-2022
May 30, 2022
21778 Nissouri Road
GC2-7 replacing Section
14.5.12
-
52-2022
June 13, 2022
4540 Breen Road
A-3 replacing section 5.5.3
45
53-2022
June 13, 2022
4064 Lewis Road
A & EP to T-A-8 6-13-2032 &
EP
58
57-2022
June 27, 2022
17177 Thorndale Road
(Pemic Monteith Subdivision)
R1-h to R1-28-H, R1-h to
R2-7-H, R1-h to R3-11-H,
R1-h to OS
3-2
69-2022
July 11, 2022
North side of Marion Street,
east of Clara Street
FD-6 to R1-15
2-3
70-2022
July 11, 2022
1817 Crampton Drive
A & EP to A-45
56
75-2022
August 8, 2022
21330 Heritage Road
A to A-45
19
76-2022
August 8, 2022
7061 Cobble Hills Road
A-52 & A-2 to AGC-7, A-52
& A-2 to A-2, additional
permitted uses for AGC-7,
replacing Section 5.5.2
4
81-2022
September 12,
2022
4529 Putnam Road
OS to HR-10
58A
85-2022
October 3, 2022
24063 Heritage Road
A to A-45
2
86-2022
October 3, 2022
17585 Gregory Drive
HR to HR-11
3A
87-2022
October 3, 2022
6868 Hamilton Road
A to M3-3
44
88-2022 October 3, 2022
286 King Street
R1 to R2-7, R1 to R1-29
3-1
89-2022
October 3, 2022
Elliott Estates Subdivision-
Phase 1
R1-24-H, R1-25-H & R2-6-H
to R1-24, R1-25 & R2-6
3-1
4-2023
January 16, 2023
24094 Cherry Hill Road
A to A-45
4
14-2023
February 13, 2023
17439 & 17441 Elginfield
Road
A to T-A-9 02-13-2026
3
15-2023
February 13, 2023
South side of King Street and
east of Nissouri Road
GC2-6 Additional permitted
uses
-
16-2023
February 13, 2023
20553 Purple Hill Road
A to A-58 (DUPLICATE)
28
23-2023
March 6, 2023
3831 Elgin Road
A to A-59
49
33-2023
April 12, 2023
156 Cromarty Drive
CR-5 to RR-8
47
36-2023
April 24, 2023
Hawthorne Park Subdivision
FD to R1-30-H, FD to R3-13-
H, FD to R1-30-H/ R3-13-H,
FD to R3-14-H, FD to R3-12-
H, FD to GC2-8-H/R3-23-H,
FD to OS,
2-5
37-2023
April 24, 2023
2700 Cow Path
A & EP to A-45 & EP
43
38-2023
April 24, 2023
20177 Purple Hill Road
M3 & EP to A & EP
28
39-2023
April 24, 2023
East side of Wellburn Rd
(County Road 27), south of
the hamlet of Wellburn
A-45 to A-58
7
40-2023
April 24,2023
Municipality of Thames
Centre
Housekeeping amendment- includes
numerous text and map changes
45-2023
May 8, 2023
21699 Heritage Road
A & EP to A-45 & EP
18
46-2023
May 8, 2023
4313 Trafalgar Street
A to A-60, A to T-A-10 05-
08-2026
30
48-2023
May 8, 2023
5030 Westchester Bourne
I to I-6-H
54
58-2023
June 12, 2023
22538 Purple Hill Road
A & EP to T-A-11 06-12-
2033 & EP
11
60-2023
June 12, 2023
4301 Putnam Road
HR & I to HR-12
58A
61-2023
June 12, 2023
5050 Avon Drive
A to A-45
65
62-2023
June 12, 2023
Boardwalk at Mill Pond
Subdivision Phase 3
R1-17-H to R1-17
41
63-2023
June 12, 2023
Rosewood Subdivision Phase
2
R1-11-H and R1-22-H to R1-
11 and R1-22
3-1
69-2023
June 26, 2023
Rosewood Subdivision- Block
72 re Phase 2
R3-10-H to R3-10
3-1
70-2023
June 26
2008 Dorchester Road &
2135 Dorchester Road
Amendment to Section 4.20
-
73-2023
July 17, 2023
5242 Marion Street
FD to T-R1-01 07-17-2024/
R1-15
2-3
74-2023
July 17, 2023
4128 Mossley Drive
M3 & EP to A, A-45 & EP
51
75-2023
July 17, 2023
2300 Dorchester Road
GC2-4 Additional permitted
uses and regulations
-
79-2023
August 14, 2023
2603 Dorchester Road
Existing R3-8- modification
of site-specific standards
2-5 &
41
83-2023
September 11,
2023
21947 Nissouri Road
A & M3 to A-61
13
91-2023
October 16, 2023
20887 Cherry Hill Road
A to A-45
24
92-2023
October 16, 2023
3062 Cromarty Drive
M3 to M3-7-H
50
93-2023
October 16, 2023
21656 Heritage Road
A to A-45
19
94-2023
October 16, 2023
20162 Nissouri Road
T-A-1 06-22-2023 to A-62
27
100-2023 October 30, 2023
16760 Wyton Drive
T-A-12 10-30-2026
17
105-2023 November 14, 2023 23976 Heritage Road
A & EP to A-45 & EP
3
106-2023 November 14, 2023 6207 Trafalgar Street
A, EP & W to A-63, EP & W
33
107-2023 November 14, 2023 4189 Mossley Drive
I-4 Additional permitted uses
-
115-2023 November 27, 2023 6097 Cobble Hills Road
A & EP to A, EP &
T-A-13 11-27-2033
16
120-2023 December 11, 2023 SW Corner of Mossley Drive
& Lewis Road
A to A-64
57
121-2023 December 11, 2023 23061 Nissouri Road
A & EP to A-63 & EP
(DUPLICATE)
5
12-2024
February 12, 2024
4673 Dundas Street
A to A-45
31
13-2024
February 12, 2024
3014 Crampton Drive
A & EP to A-45 & EP
57
14-2024
February 12, 2024
4406 Dundas Street
HC-3 Additional permitted
use
-
20-2024
March 11, 2024
20022 Fairview Road
FD to HC-18
27
25-2024
April 15, 2024
24089 Wellburn Road
A to A-45
3
26-2024
April 15, 2024
246 North Street
R1-h to R1-31-H
2-3
40-2024
May 27, 2024
16692 Ebenezer Drive
A to T-A-14 05-27-2027
1
43-2024
June 10, 2024
2770 Rath Street
A to HR & A to EP
44A
46-2024
June 10, 2024
18065 Thorndale Road
A to A-65
20
48-2024
June 24, 2024
4607 Lewis Road
A to T-A-15 06-24-2027
57
54-2024
July 15, 2024
22803 Nissouri Road
A to A-45
9
58-2024
July 15, 2024
20170 Fairview Road
A to A-66
27
44-2024
July 10, 2024
233 Upper Queen Street
R1 and OS to R3-16-H
3-1
59-2024
September 9, 2024
15 Jane Street
OR to OR-1
2-5
66-2024
September 23,
2024
6508 Trafalgar Street
M3 to T-M3-1 09/23/2027
/M3-8
33
86-2024
OLT Case No:
OLT-24-000265
June 11, 2024
4074 & 4086 Elgin Road
HR to HR-13
49A
73-2024
October 21, 2024
17210 Plover Mills Road
A to A-45
6
80-2024
November 18, 2024 4905 Westchester Bourne
A to A-45
53
74-2024
October 21, 2024
3062 Cromarty Drive
M3-7-H to M3-7
50
75-2024
October 21, 2024
256 Hamilton Crescent
M1-H to M1
2-1
6-2025
January 12, 2025
194 King Street
GC1 to GC1-14
3-1
11-2025
January 27, 2025
2470 Cromarty Drive
A to A-67
50
79-2024
November 18, 2024 22011 Nissouri Road
A to A-45
13
45-2024
June 10, 2024
NORTH DORCHESTER CON
B SRT N PT LOT 18 RP
33R410 PT PART 4
FD-3, GC2-2-H-5 and EP to
R3-15-H, R1-17-H, OS and
EP
2-5
Last verified April 2025
Ontario Municipal Board/Local Planning Appeal Tribunal Decisions
Decision No.
Location
Change
Map No.
2682 - October 10, 2007
Storey Drive
EP to A
PL040791 - August 26, 2010
Appealed Zoning By-law 75-2006
Pt of Lot 10, Concession
1, formerly Township of
West Nissouri
Apply T-M3-h for a three-
year period with the (h)
removed
PL100-523 - April 17, 2013
Z2-2010
875 Donnybrook Drive
Added to Section 20.4.22
- M2-22
48
PL150221 - September 22, 2015
Z12-2014
21964 Fairview Road
Added Section 7.5.4 -
AGC-4
14
PL161154 - July 14, 2017
OPA1-2016, OPA2-2016, Z9-2016 & Z10-
2016
20232 & 20304 Heritage Rd.
Added Section 5.5.46 (A-
46); Section 5.5.47 (A-
47) and 21.4.4 M3-5.
28
TABLE OF CONTENTS
SECTION 1. INTERPRETATION & ADMINISTRATION ........................................................... 2
1.1
SHORT TITLE ................................................................................................................................... 2
1.2
SCOPE OF BY-LAW ......................................................................................................................... 2
1.3
REPEAL OF EXISTING BY-LAWS.................................................................................................... 3
1.4
ADMINISTRATION ........................................................................................................................... 3
1.5
INSPECTION .................................................................................................................................... 3
1.6
APPLICATION FOR BUILDING PERMITS ....................................................................................... 3
1.7
ISSUANCE OF BUILDING PERMITS ............................................................................................... 4
1.8
REQUESTS FOR AMENDMENTS.................................................................................................... 4
1.9
RISK, EXPENSE AND COMPLIANCE .............................................................................................. 4
1.10
NON-CONFORMING BUILDING LOCATION ................................................................................... 4
1.11
BUILDINGS TO BE MOVED ............................................................................................................. 5
1.12
LICENSES AND PERMITS ............................................................................................................... 5
1.13
INTERPRETATION OF BY-LAW ...................................................................................................... 5
1.14
MEASUREMENTS ............................................................................................................................ 6
1.15
SCHEDULES TO BY-LAW ................................................................................................................ 6
1.16
VIOLATIONS AND PENALTIES ........................................................................................................ 7
1.17
REMEDIES ........................................................................................................................................ 8
1.18
VALIDITY .......................................................................................................................................... 8
1.19
EFFECTIVE DATE ............................................................................................................................ 8
SECTION 2. DEFINITIONS ....................................................................................................... 9
2.1
ABATTOIR ........................................................................................................................................ 9
2.2
ACCESS DRIVEWAY - SEE DRIVEWAY. ......................................................................................... 9
2.3
ACCESS RAMP ................................................................................................................................ 9
2.4
ACCESSORY BUILDING .................................................................................................................. 9
2.5
ACCESSORY DWELLING UNIT - SEE DWELLING UNIT, ACCESSORY. ....................................... 9
2.6
ACCESSORY USE ........................................................................................................................... 9
2.7
ADULT ENTERTAINMENT PARLOUR ............................................................................................. 9
2.8
AGGREGATE.................................................................................................................................. 10
2.9
AGRICULTURAL EQUIPMENT SALES AND SERVICE ESTABLISHMENT ................................. 10
2.10
AGRICULTURAL RELATED COMMERCIAL USE ......................................................................... 10
2.11
AGRICULTURAL SERVICE AND SUPPLY ESTABLISHMENT ..................................................... 10
2.12
AGRICULTURAL USE .................................................................................................................... 10
2.13
AGRICULTURAL USE, INTENSIVE LIVESTOCK .......................................................................... 10
2.14
AGRICULTURAL USE, LIVESTOCK FACILITY ............................................................................. 11
2.15
AISLE, PARKING - SEE PARKING AISLE. ...................................................................................... 11
2.16
ALLEY - SEE LANE OR ALLEY. ...................................................................................................... 11
2.17
ALTER ............................................................................................................................................. 11
2.18
AMBULANCE SERVICE ESTABLISHMENT .................................................................................. 11
2.19
AMUSEMENT GAME MACHINE .................................................................................................... 11
2.20
AMUSEMENT PARK ....................................................................................................................... 12
2.21
ANIMAL CLINIC - SEE VETERINARY CLINIC AND VETERINARY CLINIC, SMALL ANIMAL. ........ 12
2.22
ANIMAL UNIT - SEE LIVESTOCK UNIT. ......................................................................................... 12
2.23
ARCADE ......................................................................................................................................... 12
2.24
AREA OF BUILDING ....................................................................................................................... 12
2.25
APARTMENT BUILDING - SEE DWELLING, APARTMENT. .......................................................... 12
2.26
ART GALLERY ................................................................................................................................ 12
2.27
ASSEMBLY HALL ........................................................................................................................... 12
2.28
ATTACHED ..................................................................................................................................... 12
2.29
ATTIC .............................................................................................................................................. 12
2.30
AUCTION ESTABLISHMENT ......................................................................................................... 12
2.31
AUDITORIUM.................................................................................................................................. 13
ii
2.32
AUTOMOBILE ................................................................................................................................. 13
2.33
AUTOMOBILE SERVICE STATION ............................................................................................... 13
2.34
AUTOMOBILE SUPPLY STORE .................................................................................................... 13
2.35
AUTOMOBILE WRECKING YARD - SEE SALVAGE YARD. .......................................................... 13
2.36
AUTOMOTIVE USE ........................................................................................................................ 13
2.37
BAKE SHOP .................................................................................................................................... 13
2.38
BAKERY .......................................................................................................................................... 13
2.39
BALCONY ....................................................................................................................................... 13
2.40
BANK - SEE FINANCIAL INSTITUTION. ......................................................................................... 13
2.41
BANQUET HALL ............................................................................................................................. 14
2.42
BARBER SHOP - SEE HAIRDRESSING ESTABLISHMENT. ......................................................... 14
2.43
BASEMENT ..................................................................................................................................... 14
2.44
BATCHING PLANT, ASPHALT ....................................................................................................... 14
2.45
BATCHING PLANT, CONCRETE ................................................................................................... 14
2.46
BATCHING PLANT, PORTABLE ASPHALT ................................................................................... 14
2.47
BED AND BREAKFAST ESTABLISHMENT ................................................................................... 14
2.48
BINGO HALL ................................................................................................................................... 14
2.49
BOARDING HOUSE - SEE LODGING HOUSE. .............................................................................. 14
2.50
BODY SHOP ................................................................................................................................... 15
2.51
BREWING ON PREMISES ESTABLISHMENT .............................................................................. 15
2.52
BUILDING ....................................................................................................................................... 15
2.53
BUILDING AREA - SEE AREA OF BUILDING. ................................................................................ 15
2.54
BUILDING ENVELOPE - SEE AREA OF BUILDING. ...................................................................... 15
2.55
BUILDING HEIGHT - SEE HEIGHT. ................................................................................................ 15
2.56
BUILDING LINE............................................................................................................................... 15
2.57
BUILDING LINE, ESTABLISHED .................................................................................................... 15
2.58
BUILDING SUPPLY OUTLET ......................................................................................................... 15
2.59
BULK SALES ESTABLISHMENT.................................................................................................... 15
2.60
BUS ................................................................................................................................................. 16
2.61
BY-LAW ENFORCEMENT OFFICER ............................................................................................. 16
2.62
CAMPGROUND .............................................................................................................................. 16
2.63
CANOPY, WEATHER ..................................................................................................................... 16
2.64
CARPORT - SEE GARAGE, PRIVATE. ........................................................................................... 16
2.65
CAR WASH ESTABLISHMENT, AUTOMATED .............................................................................. 16
2.66
CAR WASH ESTABLISHMENT, MANUAL ..................................................................................... 16
2.67
CATERER'S ESTABLISHMENT ..................................................................................................... 16
2.68
CELLAR .......................................................................................................................................... 16
2.69
CEMETERY .................................................................................................................................... 16
2.70
CHRONIC CARE FACILITY ............................................................................................................ 17
2.71
CHURCH - SEE PLACE OF WORSHIP. .......................................................................................... 17
2.72
CLINIC ............................................................................................................................................. 17
2.73
CLUB ............................................................................................................................................... 17
2.74
COMBAT GAMES ........................................................................................................................... 17
2.75
COMMERCIAL RECREATION ESTABLISHMENT ........................................................................ 17
2.76
COMMERCIAL USE ........................................................................................................................ 17
2.77
COMMUNAL WASTE DISPOSAL SYSTEM, - SEE SANITARY SEWER. ....................................... 17
2.78
COMMUNITY CENTRE .................................................................................................................. 17
2.79
CONDOMINIUM .............................................................................................................................. 17
2.80
CONSENT ....................................................................................................................................... 18
2.81
CONSERVATION AREA ................................................................................................................. 18
2.82
CONSERVATION AUTHORITY ...................................................................................................... 18
2.83
CONSERVATION USE ................................................................................................................... 18
2.84
CONTAMINANT .............................................................................................................................. 18
2.85
CONTINUUM-OF-CARE FACILITY ................................................................................................ 18
2.86
CONTRACTOR'S YARD OR SHOP................................................................................................ 18
iii
2.87
CONVENIENCE STORE ................................................................................................................. 18
2.88
CONVERTED DWELLING - SEE DWELLING, CONVERTED. ....................................................... 19
2.89
CORPORATION.............................................................................................................................. 19
2.90
CORRECTIONAL AND DETENTION CENTRE .............................................................................. 19
2.91
COUNCIL ........................................................................................................................................ 19
2.92
COUNTY ......................................................................................................................................... 19
2.93
CRUSHING PLANT ......................................................................................................................... 19
2.94
CUSTOM WORKSHOP .................................................................................................................. 19
2.95
DATA PROCESSING ESTABLISHMENT ....................................................................................... 19
2.96
DAY CARE, PRIVATE HOME ......................................................................................................... 19
2.97
DAY NURSERY............................................................................................................................... 19
2.98
DECK .............................................................................................................................................. 20
2.99
DEVELOPMENT ............................................................................................................................. 20
2.100 DEVELOPMENT AGREEMENT - SEE SITE PLAN AGREEMENT. ................................................ 20
2.101 DEVELOPMENT CHARGE ............................................................................................................. 20
2.102 DRINKING WATER THREAT .......................................................................................................... 20
2.103 DRIVEWAY ..................................................................................................................................... 20
2.104 DRIVING TEE OR RANGE - SEE GOLF DRIVING TEE OR RANGE. ............................................. 20
2.105 DRIVE-THROUGH FACILITY ......................................................................................................... 20
2.106 DRY CLEANER'S DISTRIBUTION STATION ................................................................................. 21
2.107 DRY CLEANING ESTABLISHMENT .............................................................................................. 21
2.108 DUPLEX DWELLING - SEE DWELLING, DUPLEX. ........................................................................ 21
2.109 DUPLICATING SHOP ..................................................................................................................... 21
2.110 DWELLING ...................................................................................................................................... 21
2.111 DWELLING, APARTMENT ............................................................................................................. 21
2.112 DWELLING, CONVERTED ............................................................................................................. 21
2.113 DWELLING, DUPLEX ..................................................................................................................... 21
2.114 DWELLING, FOURPLEX ................................................................................................................ 22
2.115 DWELLING, LINK HOME ................................................................................................................ 22
2.116 DWELLING, MULTIPLE UNIT ......................................................................................................... 22
2.117 DWELLING, SEASONAL FARM ..................................................................................................... 22
2.118 DWELLING, SEMI-DETACHED ...................................................................................................... 22
2.119 DWELLING, SINGLE DETACHED .................................................................................................. 22
2.120 DWELLING, SINGLE UNIT ............................................................................................................. 22
2.121 DWELLING, STACKED TOWNHOUSE .......................................................................................... 22
2.122 DWELLING, STREET TOWNHOUSE ............................................................................................. 23
2.123 DWELLING, TOWNHOUSE ............................................................................................................ 23
2.124 DWELLING, TRIPLEX ..................................................................................................................... 23
2.125 DWELLING UNIT ............................................................................................................................ 23
2.126 DWELLING UNIT, ACCESSORY .................................................................................................... 23
2.127 DWELLING UNIT AREA - SEE FLOOR AREA. ............................................................................... 23
2.128 EATING ESTABLISHMENT - SEE RESTAURANT. ........................................................................ 23
2.129 EFFECTIVE DATE .......................................................................................................................... 23
2.130 ELEVATION, AVERAGE ................................................................................................................. 23
2.131 EMERGENCY CARE ESTABLISHMENT ....................................................................................... 23
2.132 EMISSION ....................................................................................................................................... 24
2.133 ERECT ............................................................................................................................................ 24
2.134 ESTABLISHED BUILDING LINE - SEE BUILDING LINE, ESTABLISHED. ..................................... 24
2.135 EXISTING ........................................................................................................................................ 24
2.136 EXPROPRIATION ........................................................................................................................... 24
2.137 FACTORY OUTLET ........................................................................................................................ 24
2.138 FAIRGROUND ................................................................................................................................ 24
2.139 FARM OR IRRIGATION POND ....................................................................................................... 24
2.140 FARM, SPECIALTY ........................................................................................................................ 24
2.141 FEED MILL ...................................................................................................................................... 25
iv
2.142 FENCE ............................................................................................................................................ 25
2.143 FERTILIZER BLENDING STATION ................................................................................................ 25
2.144 FILM PROCESSING DEPOT .......................................................................................................... 25
2.145 FINANCIAL INSTITUTION .............................................................................................................. 25
2.146 FISHERIES HABITAT ..................................................................................................................... 25
2.147 FISH FARM ..................................................................................................................................... 25
2.148 FLOOD, REGULATORY ................................................................................................................. 25
2.149 FLOOD, 100-YEAR ......................................................................................................................... 26
2.150 FLOOD, 100-YEAR FLOOD LEVEL ................................................................................................ 26
2.151 FLOODPROOFING ......................................................................................................................... 26
2.152 FLOOR AREA ................................................................................................................................. 26
2.153 FLOOR AREA, GROSS .................................................................................................................. 26
2.154 FLOOR AREA, GROSS LEASABLE ............................................................................................... 26
2.155 FLOOR AREA, GROUND ............................................................................................................... 26
2.156 FLOOR AREA, NET ........................................................................................................................ 26
2.157 FLORIST SHOP .............................................................................................................................. 27
2.158 FLOUR MILL ................................................................................................................................... 27
2.159 FOOD PROCESSING PLANT ......................................................................................................... 27
2.160 FOOD STORE ................................................................................................................................. 27
2.161 FOSTER HOME .............................................................................................................................. 27
2.162 FORESTRY USE ............................................................................................................................ 27
2.163 FOURPLEX DWELLING - SEE DWELLING, FOURPLEX. .............................................................. 27
2.164 FUEL PUMP ISLAND ...................................................................................................................... 27
2.165 FUEL STORAGE TANK .................................................................................................................. 28
2.166 FUNERAL HOME ............................................................................................................................ 28
2.167 GARAGE, MUTUAL ........................................................................................................................ 28
2.168 GARAGE, PRIVATE ........................................................................................................................ 28
2.169 GARAGE SALE - SEE HOUSEHOLD SALE/GARAGE SALE. ........................................................ 28
2.170 GARDEN CENTRE ......................................................................................................................... 28
2.171 GAS BAR ......................................................................................................................................... 28
2.172 GOLF COURSE .............................................................................................................................. 28
2.173 GOLF COURSE, MINIATURE ......................................................................................................... 28
2.174 GOLF DRIVING TEE OR RANGE ................................................................................................... 29
2.175 GRADE ............................................................................................................................................ 29
2.176 GRADE LEVEL................................................................................................................................ 29
2.177 GRAIN ELEVATOR AND DRYING FACILITY ................................................................................. 29
2.178 GREENHOUSE, COMMERCIAL .................................................................................................... 29
2.179 GREENHOUSE, FARM ................................................................................................................... 29
2.180 GROUP HOME,............................................................................................................................... 29
2.181 HABITABLE ROOM ........................................................................................................................ 30
2.182 HAIRDRESSING ESTABLISHMENT .............................................................................................. 30
2.183 HAZARD LANDS ............................................................................................................................. 30
2.184 HEIGHT ........................................................................................................................................... 30
2.185 HEREAFTER................................................................................................................................... 31
2.186 HEREIN ........................................................................................................................................... 31
2.187 HEREOF, HERETO ........................................................................................................................ 31
2.188 HERITAGE BUILDING .................................................................................................................... 31
2.189 HOME AND AUTO SUPPLY STORE .............................................................................................. 31
2.190 HOME APPLIANCE STORE ........................................................................................................... 31
2.191 HOME DECORATING STORE ....................................................................................................... 31
2.192 HOME FURNISHINGS STORE....................................................................................................... 31
2.193 HOME IMPROVEMENT STORE..................................................................................................... 32
2.194 HOME OCCUPATION, RESIDENTIAL ........................................................................................... 32
2.195 HOME OCCUPATION, AGRICULTURAL ....................................................................................... 32
2.196 HOME FOR THE AGED/REST HOME ............................................................................................ 32
v
2.197 HOSPIS ........................................................................................................................................... 32
2.198 HOSPITAL ....................................................................................................................................... 33
2.199 HOSPITALITY ROOM ..................................................................................................................... 33
2.200 HOTEL/MOTEL ............................................................................................................................... 33
2.201 HOUSEHOLD PET .......................................................................................................................... 33
2.202 HOUSEHOLD SALE/GARAGE SALE ............................................................................................. 33
2.203 IMPOUNDING YARD ...................................................................................................................... 33
2.204 INDIVIDUAL SANITARY FACILITIES ............................................................................................. 33
2.205 INDOOR/OUTDOOR TARGET RANGE ......................................................................................... 34
2.206 INDUSTRIAL USE ........................................................................................................................... 34
2.207 INDUSTRIAL USE, NON-EFFLUENT PRODUCING ...................................................................... 34
2.208 INSTITUTIONAL USE ..................................................................................................................... 34
2.209 KENNEL .......................................................................................................................................... 34
2.210 KITCHEN ......................................................................................................................................... 34
2.211 LABORATORY ................................................................................................................................ 35
2.212 LANE OR ALLEY .............................................................................................................................. 35
2.213 LANDING STRIP ............................................................................................................................. 35
2.214 LANDSCAPED OPEN SPACE ........................................................................................................ 35
2.215 LAUNDROMAT ............................................................................................................................... 35
2.216 LIBRARY ......................................................................................................................................... 35
2.217 LIQUID MANURE STORAGE FACILITY ......................................................................................... 35
2.218 LIQUOR, BEER AND WINE STORE ............................................................................................... 35
2.219 LIVESTOCK .................................................................................................................................... 35
2.220 LIVESTOCK UNIT ........................................................................................................................... 36
2.221 LOADING SPACE ........................................................................................................................... 36
2.222 LOCAL BOARD ............................................................................................................................... 36
2.223 LOCALLY GROWN ......................................................................................................................... 36
2.224 LODGING HOUSE .......................................................................................................................... 36
2.225 LOT ................................................................................................................................................. 36
2.226 LOT AREA ....................................................................................................................................... 37
2.227 LOT, CORNER ................................................................................................................................ 37
2.228 LOT COVERAGE ............................................................................................................................ 37
2.229 LOT DEPTH .................................................................................................................................... 37
2.230 LOT FRONTAGE ............................................................................................................................ 37
2.231 LOT, INTERIOR .............................................................................................................................. 38
2.232 LOT LINES ...................................................................................................................................... 38
2.233 LOT, THROUGH ............................................................................................................................. 38
2.234 MACHINE SHOP - SEE SERVICE SHOP. ...................................................................................... 38
2.235 MAIN ............................................................................................................................................... 38
2.236 MAIN WALL ..................................................................................................................................... 39
2.237 MARINE SALES AND SERVICE ..................................................................................................... 39
2.238 MARKET GARDEN ......................................................................................................................... 39
2.239 MERCHANDISE SERVICE SHOP .................................................................................................. 39
2.240 MOBILE HOME ............................................................................................................................... 39
2.241 MOBILE HOME PARK .................................................................................................................... 39
2.242 MOBILE HOME SITE ...................................................................................................................... 39
2.243 MOTEL - SEE HOTEL/MOTEL. ....................................................................................................... 39
2.244 MOTOR HOME - SEE RECREATIONAL VEHICLE. ........................................................................ 39
2.245 MULTIPLE UNIT DWELLING - SEE DWELLING, MULTIPLE UNIT. ............................................... 39
2.246 MUNICIPAL DRAIN ......................................................................................................................... 39
2.247 MUNICIPAL SERVICES .................................................................................................................. 40
2.248 MUNICIPALITY ............................................................................................................................... 40
2.249 MUSEUM ........................................................................................................................................ 40
2.250 MUSHROOM FARM ....................................................................................................................... 40
2.251 MUTUAL DRIVEWAY ..................................................................................................................... 40
vi
2.252 NAVIGABLE WATERWAY .............................................................................................................. 40
2.253 NON-COMPLYING ......................................................................................................................... 40
2.254 NON-CONFORMING ...................................................................................................................... 40
2.255 NON-RESIDENTIAL ....................................................................................................................... 40
2.256 NUISANCE ...................................................................................................................................... 40
2.257 NURSING HOME ............................................................................................................................ 40
2.258 NURSERY AND GARDEN STORE ................................................................................................. 41
2.259 OCCUPANCY ................................................................................................................................. 41
2.260 OFFICE ........................................................................................................................................... 41
2.261 OFFICE, BUSINESS ....................................................................................................................... 41
2.262 OFFICE, MEDICAL/DENTAL .......................................................................................................... 41
2.263 OFFICE, PROFESSIONAL ............................................................................................................. 41
2.264 OFFICE, SERVICE ......................................................................................................................... 41
2.265 OFFICE SUPPLY OUTLET ............................................................................................................. 41
2.266 OFFICE, SUPPORT ........................................................................................................................ 42
2.267 ONE HUNDRED YEAR EROSION LIMIT ....................................................................................... 42
2.268 OPEN SPACE ................................................................................................................................. 42
2.269 OPEN STORAGE ............................................................................................................................ 42
2.270 OPEN STORAGE AREA ................................................................................................................. 42
2.271 OUTDOOR AMENITY AREA .......................................................................................................... 42
2.272 OUTDOOR DISPLAY AND SALES AREA ...................................................................................... 43
2.273 OUTDOOR EDUCATION - SEE WILDLIFE PRESERVE. ............................................................... 43
2.274 OUTDOOR PATIO .......................................................................................................................... 43
2.275 OWNER ........................................................................................................................................... 43
2.276 PARK ............................................................................................................................................... 43
2.277 PARK, PRIVATE ............................................................................................................................. 43
2.278 PARK, PUBLIC ................................................................................................................................ 43
2.279 PARKING AISLE ............................................................................................................................. 43
2.280 PARKING AREA OR LOT ............................................................................................................... 44
2.281 PARKING SPACE ........................................................................................................................... 44
2.282 PEAT ............................................................................................................................................... 44
2.283 PERMITTED.................................................................................................................................... 44
2.284 PERSON ......................................................................................................................................... 44
2.285 PERSONAL SERVICE ESTABLISHMENT ..................................................................................... 44
2.286 PHARMACY .................................................................................................................................... 44
2.287 PIT ................................................................................................................................................... 44
2.288 PIT, WAYSIDE OR WAYSIDE QUARRY ........................................................................................ 45
2.289 PLACE OF ENTERTAINMENT OR AMUSEMENT ......................................................................... 45
2.290 PLACE OF WORSHIP ..................................................................................................................... 45
2.291 PLANTING STRIP ........................................................................................................................... 45
2.292 PORCH ........................................................................................................................................... 45
2.293 PORTABLE ASPHALT PLANT - SEE BATCHING PLANT, PORTABLE ASPHALT. ...................... 45
2.294 PRIVATE GARAGE - SEE GARAGE, PRIVATE. ............................................................................. 45
2.295 PRIVATE PARK - SEE PARK, PRIVATE. ........................................................................................ 45
2.296 PRIVATE ROAD, STREET OR LANE - SEE STREET, PRIVATE. .................................................. 45
2.297 PROFESSIONAL OFFICE - SEE OFFICE, PROFESSIONAL. ........................................................ 45
2.298 PROCESSED GOODS INDUSTRY ................................................................................................ 45
2.299 PROPANE TRANSFER FACILITY .................................................................................................. 46
2.298.1 PROPANE TRANSFER FACILITY COMMERCIAL ....................................................................... 46
2.300 PUBLIC AGENCY ........................................................................................................................... 46
2.301 PUBLIC AUTHORITY ...................................................................................................................... 46
2.302 PUBLIC USE ................................................................................................................................... 46
2.303 PUBLIC UTILITY ............................................................................................................................. 47
2.304 PUBLIC WATER SUPPLY - SEE WATER SYSTEM, PUBLIC. ....................................................... 47
2.305 RAW MATERIAL PROCESSING INDUSTRY ................................................................................. 47
vii
2.306 RECREATION USE, OUTDOOR .................................................................................................... 47
2.307 RECREATIONAL TRAILER PARK.................................................................................................. 47
2.308 RECREATIONAL TRAILER ............................................................................................................ 47
2.309 RECREATIONAL VEHICLE ............................................................................................................ 47
2.310 REDEVELOPMENT ........................................................................................................................ 48
2.311 REGULATORY FLOOD - SEE FLOOD, REGULATORY. ................................................................ 48
2.312 RENOVATION................................................................................................................................. 48
2.313 REPAIR AND RENTAL ESTABLISHMENT .................................................................................... 48
2.314 RESERVE ....................................................................................................................................... 48
2.315 RESIDENTIAL USE ........................................................................................................................ 48
2.316 RESTAURANT ................................................................................................................................ 48
2.317 RESTAURANT, COFFEE SHOP .................................................................................................... 48
2.318 RESTAURANT, DRIVE-THROUGH................................................................................................ 48
2.319 RESTAURANT, FAST FOOD .......................................................................................................... 48
2.320 RETAIL STORE............................................................................................................................... 49
2.321 RETIREMENT LODGE OR RETIREMENT HOME .......................................................................... 49
2.322 RIDING SCHOOL - SEE SCHOOL, RIDING. ................................................................................... 49
2.323 RIGHT-OF-WAY OR EASEMENT .................................................................................................... 49
2.324 ROAD - SEE STREET, IMPROVED. ............................................................................................... 49
2.325 SALVAGE YARD ............................................................................................................................. 49
2.326 SANITARY SEWER ........................................................................................................................ 49
2.327 SATELLITE DISH ............................................................................................................................ 49
2.328 SAWMILL ........................................................................................................................................ 49
2.329 SCHOOL ......................................................................................................................................... 49
2.330 SCHOOL, MUSIC ............................................................................................................................ 50
2.331 SCHOOL, RIDING ........................................................................................................................... 50
2.332 SEASONAL ..................................................................................................................................... 50
2.333 SEASONAL FARM DWELLING - SEE DWELLING, SEASONAL FARM......................................... 50
2.334 SECTION 59 NOTICE ..................................................................................................................... 51
2.335 SEMI-DETACHED DWELLING - SEE DWELLING, SEMI-DETACHED. ......................................... 51
2.336 SEPTIC SYSTEM ............................................................................................................................ 51
2.337 SERVICE AND REPAIR ESTABLISHMENT ................................................................................... 51
2.338 SERVICE SHOP ............................................................................................................................. 51
2.339 SETBACK ........................................................................................................................................ 51
2.340 SHOPPING CENTRE ...................................................................................................................... 51
2.341 SIGHT VISIBILITY TRIANGLE ........................................................................................................ 52
2.342 SIGN ................................................................................................................................................ 52
2.343 SIGNIFICANT DRINKING WATER THREAT .................................................................................. 52
2.344 SINGLE DETACHED DWELLING - SEE DWELLING, SINGLE DETACHED. ................................. 52
2.345 SINGLE UNIT DWELLING - SEE DWELLING, SINGLE UNIT. ........................................................ 52
2.346 SITE PLAN AGREEMENT OR DEVELOPMENT AGREEMENT ..................................................... 52
2.347 SITE PLAN CONTROL AREA ......................................................................................................... 52
2.348 SITE PLAN CONTROL BY-LAW ..................................................................................................... 52
2.349 SNACK FOOD ................................................................................................................................. 52
2.350 STOCKPILING ................................................................................................................................ 52
2.351 STOOP ............................................................................................................................................ 53
2.352 STORAGE COMPOUND, - SEE SALVAGE YARD. ......................................................................... 53
2.353 STOREY .......................................................................................................................................... 53
2.354 STREET, IMPROVED ..................................................................................................................... 53
2.355 STREET, PRIVATE ......................................................................................................................... 53
2.356 STREET LINE ................................................................................................................................. 53
2.357 STRUCTURE .................................................................................................................................. 53
2.358 STUDIO ........................................................................................................................................... 53
2.359 SUPPORTIVE COMMUNITY HOME .............................................................................................. 53
2.360 SWIMMING POOL, PRIVATE OUTDOOR ...................................................................................... 54
viii
2.361 TAVERN .......................................................................................................................................... 54
2.362 TAXI ESTABLISHMENT ................................................................................................................. 54
2.363 TEMPORARY USE ......................................................................................................................... 54
2.364 THEATRE ........................................................................................................................................ 54
2.365 TILLABLE HECTARES ................................................................................................................... 54
2.366 TOP OF BANK................................................................................................................................. 54
2.367 TOWNHOUSE - SEE DWELLING, TOWNHOUSE. ......................................................................... 54
2.368 TOWNHOUSE, STACKED - SEE DWELLING, TOWNHOUSE STACKED. .................................... 54
2.369 TOWNHOUSE, STREET - SEE DWELLING, TOWNHOUSE STREET. ......................................... 54
2.370 TRADESMAN'S SHOP ................................................................................................................... 54
2.371 TRAILER PARK - SEE RECREATIONAL TRAILER PARK AND CAMPGROUND. .......................... 55
2.372 TRUCK TERMINAL ......................................................................................................................... 55
2.373 USE ................................................................................................................................................. 55
2.374 UTILITY STATION .......................................................................................................................... 55
2.375 VEHICLE ......................................................................................................................................... 55
2.376 VEHICLE, COMMERCIAL ............................................................................................................... 55
2.377 VEHICLE REPAIR GARAGE .......................................................................................................... 55
2.378 VEHICLE SERVICE SHOP ............................................................................................................. 56
2.379 VEHICLE SALES OR RENTAL ESTABLISHMENT ........................................................................ 56
2.380 VETERINARY CLINIC ..................................................................................................................... 56
2.381 VETERINARY CLINIC, SMALL ANIMAL ......................................................................................... 56
2.382 VIDEO RENTAL ESTABLISHMENT ............................................................................................... 56
2.383 WAREHOUSE ................................................................................................................................. 56
2.384 WAREHOUSE, PUBLIC SELF-STORAGE ..................................................................................... 56
2.385 WASTE DISPOSAL SITE, HIGH WASTE DIVERSION................................................................... 57
2.386 WASTE DISPOSAL SITE, LANDFILL ............................................................................................. 57
2.387 WASTE TRANSFER STATION ....................................................................................................... 57
2.388 WASTE TREATMENT ..................................................................................................................... 57
2.389 WATERCOURSE ............................................................................................................................ 57
2.390 WATER SYSTEM, PUBLIC ............................................................................................................. 57
2.391 WAYSIDE PIT OR QUARRY - SEE PIT, WAYSIDE OR WAYSIDE QUARRY. ............................... 57
2.392 WETLAND ....................................................................................................................................... 57
2.393 WILDLIFE PRESERVE ................................................................................................................... 58
2.394 WIND ENERGY GENERATION SYSTEM (WEGS) ........................................................................ 58
2.395 WINERY, FARM FRUIT .................................................................................................................. 58
2.396 WORKS OF A CONSERVATION AUTHORITY .............................................................................. 58
2.397 YARD .............................................................................................................................................. 58
2.398 ZONE .............................................................................................................................................. 59
2.399 ZONE, PRIVACY YARD .................................................................................................................. 59
2.400 ZONED AREA ................................................................................................................................. 59
2.401 ZONING ADMINISTRATOR ............................................................................................................ 59
SECTION 3. ZONES AND ZONE SYMBOLS ..........................................................................60
3.1
DIVISION INTO ZONES .................................................................................................................. 60
3.2
ZONE CLASSIFICATION ................................................................................................................ 60
3.3
ZONE SYMBOLS AND DESIGNATIONS - USE AND INTERPRETATION ................................... 62
3.4
ZONE PROVISIONS ....................................................................................................................... 62
3.5
SPECIAL PROVISION ZONES ....................................................................................................... 62
3.6
HOLDING "H" ZONES ..................................................................................................................... 62
3.7
MULTIPLE USES, MULTIPLE ZONES AND COMPOUND ZONES ............................................... 64
3.8
TEMPORARY USE ZONES ............................................................................................................ 65
3.9
BONUS PROVISION ....................................................................................................................... 65
SECTION 4. GENERAL PROVISIONS ....................................................................................67
4.1
ACCESSORY USES ....................................................................................................................... 67
4.2
BED AND BREAKFAST ESTABLISHMENTS ................................................................................. 68
ix
4.3
DWELLING UNITS .......................................................................................................................... 68
4.4
ENTRANCE REGULATIONS .......................................................................................................... 70
4.5
GREENHOUSES ............................................................................................................................ 70
4.6
GROUP HOMES ............................................................................................................................. 71
4.7
HEIGHT RESTRICTIONS ............................................................................................................... 71
4.8
HOME OCCUPATION - AGRICULTURAL ...................................................................................... 72
4.9
HOME OCCUPATION - RESIDENTIAL .......................................................................................... 73
4.10
HOUSEHOLD SALES / GARAGE SALES ...................................................................................... 74
4.11
KENNELS ........................................................................................................................................ 74
4.12
LANDSCAPING............................................................................................................................... 74
4.13
LIGHTING ....................................................................................................................................... 75
4.14
LIQUID MANURE STORAGE FACILITIES - CONSTRUCTION, SIZE AND SEALING .................. 76
4.15
LOADING SPACES ......................................................................................................................... 76
4.16
MINIMUM DISTANCE SEPARATION (MDS) .................................................................................. 78
4.17
MUNICIPAL SERVICES .................................................................................................................. 79
4.18
NON-COMPLYING USES ............................................................................................................... 79
4.19
OPEN STORAGE ............................................................................................................................ 80
4.20
OUTDOOR PATIOS ASSOCIATED WITH RESTAURANTS .......................................................... 81
4.21
PARKING REGULATIONS ............................................................................................................. 82
4.22
PUBLIC AND INSTITUTIONAL USES ............................................................................................ 95
4.23
REDUCTION OF LOT AREA ........................................................................................................... 96
4.24
SETBACKS ..................................................................................................................................... 97
4.25
SIGHT VISIBILITY TRIANGLES ..................................................................................................... 99
4.26
SOURCEWATER PROTECTION ................................................................................................. 100
4.27
SWIMMING POOLS ...................................................................................................................... 102
4.28
TEMPORARY STRUCTURES ...................................................................................................... 103
4.29
USES PERMITTED IN LISTED ZONES ........................................................................................ 104
4.30
USES PROHIBITED IN ALL ZONES ............................................................................................. 104
4.31
WAYSIDE PITS ............................................................................................................................. 106
4.32
WIND ENERGY GENERATION SYSTEMS .................................................................................. 107
4.33
YARD ENCROACHMENTS AND OBSTRUCTIONS .................................................................... 108
4.34
YARD REQUIREMENTS - EXTERIOR SIDE YARD CONDITION ............................................... 109
SECTION 5. AGRICULTURAL (A) ZONE .............................................................................. 110
5.1
SCOPE .......................................................................................................................................... 110
5.2
PERMITTED USES ....................................................................................................................... 110
5.3
REGULATIONS............................................................................................................................. 110
5.4
SPECIAL USE REGULATIONS .................................................................................................... 111
5.5
SPECIAL PROVISIONS ................................................................................................................ 113
SECTION 6. AGRICULTURAL RESTRICTIVE (AR) ZONE ................................................... 147
6.1
SCOPE .......................................................................................................................................... 147
6.2
PERMITTED USES ....................................................................................................................... 147
6.3
REGULATIONS............................................................................................................................. 147
6.4
SPECIAL USE REGULATIONS .................................................................................................... 148
6.5
SPECIAL PROVISIONS ................................................................................................................ 149
SECTION 7. AGRICULTURAL COMMERCIAL (AGC) ZONE ............................................... 150
7.1
SCOPE .......................................................................................................................................... 150
7.2
PERMITTED USES ....................................................................................................................... 150
7.3
REGULATIONS............................................................................................................................. 150
7.4
SPECIAL USE REGULATIONS .................................................................................................... 151
7.5
SPECIAL PROVISIONS ................................................................................................................ 151
SECTION 8. HAMLET RESIDENTIAL (HR) ZONE ................................................................ 155
8.1
SCOPE .......................................................................................................................................... 155
x
8.2
PERMITTED USES ....................................................................................................................... 155
8.3
REGULATIONS............................................................................................................................. 155
8.4
SPECIAL PROVISIONS ................................................................................................................ 155
SECTION 9. RESIDENTIAL FIRST DENSITY (R1) ZONE ..................................................... 161
9.1.
SCOPE .......................................................................................................................................... 161
9.2.
PERMITTED USES ....................................................................................................................... 161
9.3.
REGULATIONS............................................................................................................................. 161
9.4.
SPECIAL PROVISIONS ................................................................................................................ 162
SECTION 10.
RESIDENTIAL SECOND DENSITY (R2) ZONE ......................................... 177
10.1
SCOPE .......................................................................................................................................... 177
10.2
PERMITTED USES ....................................................................................................................... 177
10.3
REGULATIONS............................................................................................................................. 177
10.4
SPECIAL PROVISIONS ................................................................................................................ 178
SECTION 11.
RESIDENTIAL THIRD DENSITY (R3) ZONE ............................................. 183
11.1
SCOPE .......................................................................................................................................... 183
11.2
PERMITTED USES ....................................................................................................................... 183
11.3
REGULATIONS............................................................................................................................. 183
11.4
SPECIAL PROVISIONS ................................................................................................................ 184
SECTION 12.
RURAL RESIDENTIAL (RR) ZONE ........................................................... 194
12.1
SCOPE .......................................................................................................................................... 194
12.2
PERMITTED USES ....................................................................................................................... 194
12.3
REGULATIONS............................................................................................................................. 194
12.4
SPECIAL PROVISIONS ................................................................................................................ 194
SECTION 13.
MOBILE HOME PARK (MHP) ZONE ......................................................... 199
13.1
SCOPE .......................................................................................................................................... 199
13.2
PERMITTED USES ....................................................................................................................... 199
13.3
REGULATIONS............................................................................................................................. 199
13.4
SPECIAL REGULATIONS ............................................................................................................ 200
13.5
SPECIAL PROVISIONS ................................................................................................................ 200
SECTION 14.
GENERAL COMMERCIAL (GC) ZONE ..................................................... 202
14.1
SCOPE .......................................................................................................................................... 202
14.2
PERMITTED USES ....................................................................................................................... 202
14.3
REGULATIONS............................................................................................................................. 204
14.3.1 GC1 ZONE VARIATION - REGULATIONS .................................................................................. 204
14.3.2 GC2 ZONE VARIATION - REGULATIONS .................................................................................. 204
14.4
SPECIAL USE REGULATIONS .................................................................................................... 205
14.5
SPECIAL PROVISIONS ................................................................................................................ 205
SECTION 15.
HIGHWAY COMMERCIAL (HC) ZONE ...................................................... 216
15.1
SCOPE .......................................................................................................................................... 216
15.2
PERMITTED USES ....................................................................................................................... 216
15.3
REGULATIONS............................................................................................................................. 216
15.4
SPECIAL USE REGULATIONS .................................................................................................... 217
15.5
SPECIAL PROVISIONS ................................................................................................................ 217
SECTION 16.
NEIGHBOURHOOD COMMERCIAL (NC) ZONE ....................................... 225
16.1
SCOPE .......................................................................................................................................... 225
16.2
PERMITTED USES ....................................................................................................................... 225
16.3
REGULATIONS............................................................................................................................. 225
16.4
SPECIAL PROVISIONS ................................................................................................................ 226
xi
SECTION 17.
OFFICE RESIDENTIAL (OR) ZONE .......................................................... 227
17.1
SCOPE .......................................................................................................................................... 227
17.2
PERMITTED USES ....................................................................................................................... 227
17.3
REGULATIONS............................................................................................................................. 227
17.4
SPECIAL PROVISIONS ................................................................................................................ 228
SECTION 18.
COMMERCIAL RECREATION (CR) ZONE ............................................... 229
18.1
SCOPE .......................................................................................................................................... 229
18.2
PERMITTED USES ....................................................................................................................... 229
18.3
REGULATIONS............................................................................................................................. 229
18.4
SPECIAL PROVISIONS ................................................................................................................ 230
SECTION 19.
GENERAL INDUSTRIAL (M1) ZONE ......................................................... 234
19.1
SCOPE .......................................................................................................................................... 234
19.2
PERMITTED USES ....................................................................................................................... 234
19.3
REGULATIONS............................................................................................................................. 234
19.4
SPECIAL PROVISIONS ................................................................................................................ 235
SECTION 20.
RURAL INDUSTRIAL (M2) ZONE .............................................................. 241
20.1
SCOPE .......................................................................................................................................... 241
20.2
PERMITTED USES ....................................................................................................................... 241
20.3
REGULATIONS............................................................................................................................. 241
20.4
SPECIAL PROVISIONS ................................................................................................................ 242
SECTION 21.
EXTRACTIVE INDUSTRIAL (M3) ZONE .................................................... 252
21.1
SCOPE .......................................................................................................................................... 252
21.2
PERMITTED USES ....................................................................................................................... 252
21.3
REGULATIONS............................................................................................................................. 252
21.4
SPECIAL PROVISIONS ................................................................................................................ 252
SECTION 22.
RESIDENTIAL INDUSTRIAL (RM) ZONE .................................................. 257
22.1
SCOPE .......................................................................................................................................... 257
22.2
PERMITTED USES ....................................................................................................................... 257
22.3
REGULATIONS............................................................................................................................. 257
22.4
SPECIAL PROVISIONS ................................................................................................................ 258
SECTION 23.
INSTITUTIONAL (I) ZONE ......................................................................... 259
23.1
SCOPE .......................................................................................................................................... 259
23.2
PERMITTED USES ....................................................................................................................... 259
23.3
REGULATIONS............................................................................................................................. 259
23.4
SPECIAL PROVISIONS ................................................................................................................ 260
SECTION 24.
OPEN SPACE (OS) ZONE ......................................................................... 263
24.1
SCOPE .......................................................................................................................................... 263
24.2
PERMITTED USES ....................................................................................................................... 263
24.3
REGULATIONS............................................................................................................................. 263
24.4
SPECIAL PROVISIONS ................................................................................................................ 263
SECTION 25.
ENVIRONMENTAL PROTECTION (EP) ZONE .......................................... 267
25.1
SCOPE .......................................................................................................................................... 267
25.2
PERMITTED USES ....................................................................................................................... 267
25.3
REGULATIONS............................................................................................................................. 267
25.4
SPECIAL PROVISIONS ................................................................................................................ 267
SECTION 26.
WETLAND (W) ZONE ................................................................................ 270
26.1
SCOPE .......................................................................................................................................... 270
26.2
PERMITTED USES ....................................................................................................................... 270
26.3
REGULATIONS............................................................................................................................. 270
xii
26.4
SPECIAL PROVISIONS ................................................................................................................ 270
SECTION 27.
FUTURE DEVELOPMENT (FD) ZONE ...................................................... 272
27.1
SCOPE .......................................................................................................................................... 272
27.2
PERMITTED USES ....................................................................................................................... 272
27.3
REGULATIONS............................................................................................................................. 272
27.4
SPECIAL PROVISIONS ................................................................................................................ 272
27.5
TEMPORARY USES ..................................................................................................................... 275
SECTION 28.
ENACTMENT ............................................................................................. 276
28.1
CONFLICT WITH OTHER BY-LAWS ............................................................................................ 276
28.2
REPEAL OF EXISTING BY-LAWS................................................................................................ 276
28.3
EFFECTIVE DATE ........................................................................................................................ 276
xiii
SCHEDULES
"A"
ZONING MAPS
"B"
MINIMUM DISTANCE SEPARATION I (MDS I)
"C"
MINIMUM DISTANCE SEPARATION II (MDS II)
"D"
AREAS SUBJECT TO HEIGHT RESTRICTIONS OF LONDON INTERNATIONAL AIRPORT
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 1 - Interpretation and Administration
Page 1
THE CORPORATION OF THE MUNICIPALITY OF THAMES CENTRE
BY-LAW NO. 75-2006
ZONING BY-LAW
Being a By-Law to regulate the use of land, and the character, location and use of
buildings and structures in the Municipality of Thames Centre.
WHEREAS Section 34 of the Planning Act provides that the governing body of a municipal
corporation may pass By-Laws to regulate the use of lands and the character, location and use
of buildings and structures;
AND WHEREAS the Council of the Corporation of the Municipality of Thames Centre has
deemed it to be in the public interest that such a By-Law be enacted; and
AND WHEREAS the regulations of this By-Law are deemed to be the minimum
requirements for the promotion of the health, safety, comfort, convenience, and general welfare
of the inhabitants of the Municipality;
NOW THEREFORE the Council of the Corporation of the Municipality of Thames Centre
HEREBY ENACTS AS FOLLOWS:
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 1 - Interpretation and Administration
Page 2
SECTION 1.
INTERPRETATION & ADMINISTRATION
1.1
SHORT TITLE
This By-Law shall be known as the "Zoning By-Law" of the Corporation of the Municipality
of Thames Centre.
1.2
SCOPE OF BY-LAW
1.2.1 CONFORMITY WITH BY-LAW
No land shall be used, no lot shall be altered, and no buildings or structures shall
be erected, altered, or used within the Municipality except in conformity with this
By-Law.
1.2.2 LANDS SUBJECT TO BY-LAW
The regulations of this By-Law shall apply to all land within the boundaries of the
Municipality as now or hereafter legally constituted.
1.2.3 EXISTING USE CONTINUED
Nothing in this By-Law shall apply to prevent the use of any existing lot, building
or structure for any purpose prohibited by this By-Law if such lot, building or
structure was lawfully used for such purpose prior to the passing of this By-Law,
so long as it continues to be used for that purpose.
For the purposes of this By-Law, lawfully used will be restricted for the purposes
of proof to existing as of January 1, 1980.
1.2.4 PLANS APPROVED PRIOR TO PASSING OF BY-LAW
Nothing in this By-Law shall prevent the erection or use of any building or structure
for a purpose prohibited by the provisions of this By-Law, if the plans for such
building or structure were approved by the Corporation and either a building permit
was issued or a Site Plan Agreement entered into prior to the date of passing of
this By-Law, so long as:
(1) when such building or structure is erected, it shall be used and shall continue
to be used only for the same purpose for which the said building or structure
was intended when such building permit was issued or such Site Plan
Agreement was entered into and shall not be altered in any way except in
conformity with the provisions of this By-Law; and
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 1 - Interpretation and Administration
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(2) the erection of such building or structure is commenced within six (6) months
after the date of passing of this By-Law and such building or structure is
completed within a reasonable time after the erection thereof is commenced.
1.2.5 COMPLIANCE WITH OTHER RESTRICTIONS
Nothing in this By-Law shall serve to relieve any person from the obligation to
comply with the requirements of the Ontario Building Code or any other By-Law of
the Municipality in force from time to time or the obligation to obtain any license,
permit, authority or approval required by the Municipality or any other public
authority or body.
1.3
REPEAL OF EXISTING BY-LAWS
From the coming into force of this By-Law, all previous By-Laws of the Corporation of the
Municipality of Thames Centre, the former Township of North Dorchester and the former
Township of West Nissouri, all now the Corporation of the Municipality of Thames Centre,
passed pursuant to Section 34 of the Planning Act, are hereby repealed.
1.4
ADMINISTRATION
This By-Law shall be administered by the Zoning Administrator or such other person as
the Council of the Municipality of Thames Centre designates.
1.5
INSPECTION
(1)
Subject to Clause (2) of this Subsection, the By-Law Enforcement Officer, or any
other officer or employee of the Corporation appointed by Council to administer or
enforce the provisions of this By-Law, is hereby authorized, upon producing proper
identification, to enter at all reasonable times upon any property or premises to
inspect any property on reasonable grounds that this By-Law is being contravened;
(2)
Notwithstanding anything to the contrary in Clause (1) of this Subsection, no officer
or employee of the Corporation shall enter any room or place actually being used as
a dwelling unit or part thereof without the consent of the occupier, except under the
authority of a search warrant issued under the Planning Act. The occupant shall be
informed that the right of entry may be refused and entry made only under the
authority of a search warrant.
1.6
APPLICATION FOR BUILDING PERMITS
In addition to all of the requirements of the Building Code or any other By-Law of the
Corporation, no building permit shall be issued in respect of the erection or alteration of a
building or structure until the following have been submitted to and approved by the Chief
Building Official:
(1)
two copies of a site plan, drawn to scale and showing:
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 1 - Interpretation and Administration
Page 4
(a) the true dimensions of the lot to be built upon or otherwise used;
(b) the location of all existing buildings, structures or uses on the lot;
(c) the proposed location, grade, height, and dimensions of any building, structure
or use proposed for such lot; and
(d) the proposed location and dimensions of yards, landscaped open spaces,
parking areas, loading spaces, existing and/or new entrances, and water, storm
and sanitary services locations, where applicable;
(2)
a statement, signed by the owner, disclosing the specific existing or proposed
building or structure and containing all information necessary to determine if such
existing or proposed building, structure or use conforms to the requirements of this
By-Law; and
(3)
two copies of a plan showing the ground level and contour lines on the lot as of the
date of the application and as same will be upon completion of the proposed erection
or alterations and when the re-distribution of all topsoil has been completed.
1.7
ISSUANCE OF BUILDING PERMITS
Notwithstanding the provisions of the Building Code or any other By-Law of the
Corporation to the contrary, no building permit shall be issued where a proposed building,
structure or alteration to an existing building or structure would contravene in any way,
one or more of the provisions hereof.
1.8
REQUESTS FOR AMENDMENTS
Every request for an amendment to this By-Law shall be accompanied by a completed
copy of the appropriate application form provided by the Corporation and the required fee.
1.9
RISK, EXPENSE AND COMPLIANCE
The facilities, yards or other matters required by this By-Law shall be provided and
maintained at the sole risk and expense of the owner of the lands in respect of such
matters as are required hereby, and the said owner shall at all times bear full responsibility
for ensuring compliance in all respects with this By-Law.
1.10
NON-CONFORMING BUILDING LOCATION
Notwithstanding any other aspect of this By-Law, any lot, and the location thereon of any
building, or structure thereto, which existed on or before January 1, 1980, shall be deemed
to comply with the relevant regulations for setback, building line, front yard, side yard, rear
yard, and lot coverage.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 1 - Interpretation and Administration
Page 5
1.11
BUILDINGS TO BE MOVED
No building shall be moved within the limits of the Municipality or shall be moved into the
Municipality from outside without a permit from the Chief Building Official.
1.12
LICENSES AND PERMITS
No municipal permit, certificate, or license shall be issued where the said permit is required
for a proposed use of land or a proposed erection, alteration, enlargement or use of any
building or structure that is in violation of any regulations of this By-Law.
1.13
INTERPRETATION OF BY-LAW
1.13.1
DEFINITIONS
In this By-Law, unless the context requires otherwise, the definitions and
interpretations set out in Section 2 hereof shall apply. Words not defined shall
have the customary meaning.
1.13.2
NUMBERING SYSTEM
The provisions of this By-Law have been numbered using a decimal system and
are referred to as "Sections" and "Subsections", for example Section 1,
Subsection 1.4 and Subsection 1.4.2. Some Sections and/or Subsections are
divided into Clauses, for example 4.12 (3) is referred to as Clause (3) of
Subsection 4.12. Some are further divided into Subclauses, for example 4.12
(3) (a) is referred to as Subclause (a) of Clause 3 of Subsection 4.12.
1.13.3
SINGULAR AND PLURAL WORDS AND GENDERS
In this By-Law, unless the context requires otherwise:
(1) words used in the singular include the plural;
(2) words used in the plural include the singular; and
(3) words used in the masculine gender include the feminine and neuter.
1.13.4
"SHALL" IS MANDATORY
In this By-Law, the word "shall" is mandatory.
1.13.5
"USE" AND "OCCUPY"
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 1 - Interpretation and Administration
Page 6
In this By-Law, unless the context requires otherwise:
(1)
the verb "use" shall include "design to be used", "arrange to be used",
"intend to be used", and "permit to be used"; and
(2)
the verb "occupy" shall include "design to be occupied", "arrange to be
occupied", "intend to be occupied", and "permit to be occupied".
1.13.6
"BUILDING" AND "STRUCTURE"
In this By-Law, unless the context requires otherwise:
(1)
A "building" or "structure" shall include any part thereof.
1.14
MEASUREMENTS
All measurements of length, height or area used in this By-Law shall be subject to the
normal rules of rounding numbers, within the degree of precision specified by the number
of digits following the decimal point (if any), so that:
(1)
For a WHOLE NUMBER, measurements of LESS THAN 0.5 shall be rounded
DOWNWARD to the next whole unit;
(2)
For a WHOLE NUMBER, measurements of 0.5 AND GREATER shall be rounded
UPWARD to the next whole unit;
(3)
For a number having ONE DECIMAL PLACE, measurements of LESS THAN 0.05
shall be rounded DOWNWARD to the next one-tenth unit;
(4)
For a number of ONE DECIMAL PLACE, measurements of 0.05 AND GREATER
shall be rounded UPWARD to the next one-tenth unit.
(5)
Ratios and percentage figures shall not be subject to rounding.
1.15
SCHEDULES TO BY-LAW
1.15.1
PART OF BY-LAW
Schedules "A", "B", "C", and "D" which are attached hereto and described in this
Subsection, are hereby made a part of this By-Law as fully and to all intents and
purposes as though recited in full herein.
1.15.2
SCHEDULE "A" - ZONE MAPS
The extent and boundaries of all Zones are set out on the maps comprising
Schedule "A" hereto and shall be interpreted in accordance with the following:
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 1 - Interpretation and Administration
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(1)
Boundaries of zones shall be construed, wherever possible, to be
concurrent with lot lines, property boundaries, centrelines of streets, street
lines, high water marks, top of bank or other Conservation Authority
regulation lines, boundaries of right-of-ways for railways, hydro-electric
transmission corridors or pipelines, or boundaries of registered plans.
(2)
In the event that a street or lane which forms the boundary between two or
more different zones is closed, the boundary between such zones shall be
construed as the former centreline of the said closed street or lane.
(3)
Where uncertainty exists as to the location of a zone boundary on Schedule
"A" hereto or on a Schedule to any amendment to this By-Law, reference
shall be made to the original zone maps at scales of 1:16,000, 1:8,000, and
1:5,000, as contained in the Municipal Offices and shall be deemed to be
the centre point of the line on such Schedule which denotes the said zone
boundary.
1.15.3 SCHEDULE "B" - MDS I
Schedule "B" contains the tables and formulae for calculating the Minimum
Distance Separation Type I - MDS I for livestock facilities and for manure storage.
1.15.4 SCHEDULE "C" - MDS II
Schedule "C" contains the tables and formulae for calculating the Minimum
Distance Separation Type II - MDS II for additions to livestock facilities or manure
storage.
1.15.5 SCHEDULE "D" - CITY OF LONDON AIRPORT HEIGHT RESTRICTIONS
Schedule "D" outlines the areas affected by the City of London Airport Height
Restrictions.
1.16
VIOLATIONS AND PENALTIES
(1)
Every person who knowingly contravenes this By-Law is guilty of an offence and on
conviction is liable:
(a) on a first conviction, to a fine of not more than $25,000; and
(b) on a subsequent conviction, to a fine of not more than $10,000 for each day
thereof upon which the contravention has continued after the day on which the
person was first convicted.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 1 - Interpretation and Administration
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(2)
Where a corporation is convicted under Clause (1), the maximum penalty that may
be imposed is:
(a) on a first conviction, a fine of not more than $50,000; and
(b) on a subsequent conviction, a fine of not more than $25,000 for each day or
part thereof upon which the contravention has continued after the day on which
the corporation was first convicted and not as provided in Clause (1).
1.17
REMEDIES
Where any building or structure is erected, altered, reconstructed, extended or enlarged,
or any building or structure or part thereof is used, or any lot is used, in contravention of
any requirements or other provisions of this By-Law, such contravention may be removed
or altered at the instance of the Corporation pursuant to the provisions of the Planning Act
or The Municipal Act, as amended from time to time.
Where a conviction is entered under Subsection 1.16, in addition to any other remedy or
any penalty provided by law, the court in which the conviction was entered, and any court
of competent jurisdiction thereafter, may make an order prohibiting the continuation or
repetition of the offence by the person convicted.
1.18
VALIDITY
If any Section, Clause or provision of this By-Law, including anything contained in the
Schedules attached hereto, is for any reason declared by a court of competent jurisdiction
to be invalid, all of the remaining Sections, Clauses, provisions or Schedules 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.
1.19
EFFECTIVE DATE
This By-Law shall come into force on the day it is passed subject to the Planning Act, as
amended or revised from time to time.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 2 - Definitions
Page 9
SECTION 2.
DEFINITIONS
For the purposes of this By-Law, the definitions given herein shall govern.
2.1
ABATTOIR
Abattoir, means a building or structure where animals are slaughtered for the purposes
of processing meat into food for human consumption; and where meat products are
produced, processed, handled, or stored.
2.2
ACCESS DRIVEWAY - see DRIVEWAY.
2.3
ACCESS RAMP
Access Ramp, means that part of a driveway or passageway used to provide access to
and from a parking area which is within the limits of a street allowance.
2.4
ACCESSORY BUILDING
Accessory Building, means a building or structure which is customarily incidental and
subordinate to the main use of the lot. An accessory building must be separate
(detached) from the main building and located on the same lot as the main building.
Farm machine sheds or other similar agricultural storage buildings, not including
buildings used for the harbouring or keeping of animals, shall be deemed accessory
buildings in an Agricultural Zone for the purpose of this By-Law, Such items as heat
pumps, air exchangers or outdoor air conditioning units are also to be treated as
accessory buildings.
2.5
ACCESSORY DWELLING UNIT - see DWELLING UNIT, ACCESSORY.
2.6
ACCESSORY USE
Accessory Use, means a use customarily incidental, subordinate and exclusively
devoted to the main use and carried on with such main use on the same lot.
2.7
ADULT ENTERTAINMENT PARLOUR
Adult Entertainment Parlour, means any premises or part thereof used, in pursuance of
any trade, calling, business or occupation, for the purpose of a live performance,
exhibition or activity designed to appeal to erotic or sexual appetites or inclinations, of
which a principal feature or characteristic is the nudity or partial nudity of any person,
and in respect of which the word "nude", "naked", "topless", "bottomless", or "sexy", or
any other word, picture, symbol or representation having like meaning or implication may
be used on any sign, advertisement, or advertisement device, and without restricting the
generality of the foregoing, includes any performance, exhibition, or activity involving
striptease dancers, go-go dancers, exotic dancers, wet clothing contests or best body
parts contests.
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2.8
AGGREGATE
Aggregate means gravel, sand, clay, earth (excluding topsoil and peat), shale, stone,
limestone, dolostone, sandstone, marble, granite, rock (other than metallic ores), or
other prescribed material as defined by the Aggregate Resources Act, R.S.O., 1990, as
amended or revised from time to time.
2.9
AGRICULTURAL EQUIPMENT SALES AND SERVICE ESTABLISHMENT
Agricultural Equipment Sales and Service Establishment, means a lot, building or
structure where the business of selling, renting or leasing of new or used farm
equipment and machinery, or both, is conducted and may include the display, storage
and sale of such equipment; the servicing and repair of such equipment; the storage,
display and sale, renting or leasing of related accessories and products; and, offices,
show rooms and sales rooms.
2.10
AGRICULTURAL RELATED COMMERCIAL USE
Agricultural Related Commercial Use, means a use directly related to agriculture and
requiring proximity to farm operations and includes such uses as animal husbandry
services, produce or grain storage facilities, agricultural service and supply
establishments, agricultural equipment sales and service establishments, and farm
market uses.
2.11
AGRICULTURAL SERVICE AND SUPPLY ESTABLISHMENT
Agricultural Service and Supply Establishment, means premises used for the supply of
goods, materials or services that support agricultural uses including the sale and storage
of seed, feed, fertilizer and chemical products and the rental, sale, repair or service of
agricultural equipment or implements or any combination of the foregoing.
2.12
AGRICULTURAL USE
Agricultural Use, means the cultivation of land, the production of crops and the
processing and selling of such products on a lot, and the breeding, raising, and care of
livestock and the selling of such livestock or the products of such livestock raised on a
lot and, without limiting the generality of the foregoing, may include animal husbandry,
aquaculture, fur farming and the raising and harvesting of field, bush, tree or vine crops,
market gardening, farm greenhouses, and sod farming. However, "agricultural use"
does not include facilities for the permanent or temporary housing of persons employed
on the lot, an abattoir or any premises used for the killing of livestock or the processing
of meat, a mushroom farm, or an intensive agricultural use as defined below.
2.13
AGRICULTURAL USE, INTENSIVE LIVESTOCK
Agricultural Use, Intensive Livestock, means an agricultural use consisting of the raising,
harbouring, breeding or care of a specific type of livestock or poultry in a manner in
which the number of livestock units at any time is greater than a ratio equal to 5 livestock
units per tillable hectare (2 livestock units per acre). In addition, any combination of
livestock or poultry types shall constitute an intensive livestock agricultural use if the total
number of animals (livestock and poultry) results in a total number of livestock units
greater than 5 per tillable hectare (2 per acre). Notwithstanding the above definition, any
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livestock or poultry operation consisting of a total of one hundred and fifty (150) or more
livestock units shall be considered an intensive livestock agricultural use for the
purposes of this By-Law. An intensive livestock operation includes any farm dwelling,
the land base and accessory buildings and uses.
2.14
AGRICULTURAL USE, LIVESTOCK FACILITY
Agricultural Use, Livestock Facility, means a barn, building, or structure where livestock
is housed or intended to be housed, including a beef feedlot, and shall also include
associated manure storage facilities.
2.15
AISLE, PARKING - see PARKING AISLE.
2.16
ALLEY - see LANE OR ALLEY.
2.17
ALTER
Alter, means:
(1)
when used in reference to a building, structure or part thereof, means to change any
one or more of the internal or external dimensions of such building or structure or to
change the type of construction of the exterior walls or roof thereof;
(2)
when used in reference to a lot, means to change the width, depth or area thereof
or to change the width, depth or area of any required yard, setback, landscaped open
space or parking area, or to change the location of any boundary of such lot with
respect to a street or lane, whether such alteration is made by conveyance or
alienation of any portion of said lot, or otherwise; or,
(3)
when used in reference to a use, means to discontinue and replace a use, in whole
or in part, with a use which is defined herein as being distinct from the discontinued
use or to add a new use to an existing use.
The words "altered" and "alteration" shall have corresponding meanings.
2.18
AMBULANCE SERVICE ESTABLISHMENT
Ambulance Services Establishment, means an establishment that provides suitable
accommodation for emergency crews and ambulance vehicles, and may include a
lounge room, kitchen, locker rooms and change areas, storage rooms, washroom
facilities, administrative offices, and garage space for ambulance vehicles.
2.19
AMUSEMENT GAME MACHINE
Amusement Game Machine, means a machine, device or contrivance used for playing
any game of chance or skill, or which is used to afford entertainment or amusement to
the operator and, without limiting the generality of the foregoing, includes what is
commonly known as a pinball game, an electronic game, and a video game.
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2.20
AMUSEMENT PARK
Amusement Park, means a commercial recreational establishment with or without
permanent buildings or structures where rides, games of chance and the sale of food,
beverages, toys and souvenirs constitutes the main use.
2.21
ANIMAL CLINIC - see VETERINARY CLINIC and VETERINARY CLINIC, SMALL
ANIMAL.
2.22
ANIMAL UNIT - see LIVESTOCK UNIT.
2.23
ARCADE
Arcade, means a building, normally open to the public, in which is used or provided,
three (3) or more amusement game machines.
2.24
AREA OF BUILDING
Area of Building, means the maximum horizontal projected area of a building, including
enclosed porches, but exclusive of steps, terraces, or cornices.
2.25
APARTMENT BUILDING - see DWELLING, APARTMENT.
2.26
ART GALLERY
Art Gallery, means a building or part thereof where works of art, such as paintings,
sculpture, pottery, glass and weaving are displayed for public viewing.
2.27
ASSEMBLY HALL
Assembly Hall, means a building, in which facilities are provided for such largely non-
business purposes as meetings for civic, education, political, religious, or social
purposes.
2.28
ATTACHED
Attached, means a building otherwise complete in itself, which depends for structural
support, or complete enclosure, upon a division wall or walls shared in common with an
adjacent building or buildings.
2.29
ATTIC
Attic, means that portion of a building between the roof and the ceiling of the top storey.
2.30
AUCTION ESTABLISHMENT
Auction Establishment, means a building or part thereof used for the retail sale of articles
or goods to the members of the public bidding the highest offer for the article or goods
during the sale proceedings.
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2.31
AUDITORIUM
Auditorium, means a building or structure, or part thereof, where facilities are provided
for athletic, civic, educational, recreational, political, religious, or social events, including,
but not so as to limit the generality of the foregoing, an arena, curling rink, museum,
community centre, assembly hall, pool hall, gymnasium, stadium, cinema, theatre, or
playhouse.
2.32
AUTOMOBILE
Automobile, means a self-propelled vehicle including a car, a light truck and a
motorcycle used for land transportation but does not include motorized construction
equipment or farm equipment, a motor home, a snowmobile, a boat, recreational
vehicles, a trailer or farm implement, a truck tractor or tractor trailer or any other device
which is capable of being driven, propelled or drawn by any kind of power, a bicycle or
any other device powered solely by means of human effort.
2.33
AUTOMOBILE SERVICE STATION
Automobile Service Station, means an establishment where vehicle fuels, lubricants and
accessories are offered for retail sale and which contains facilities for the repair and
maintenance of vehicles excluding body and fender work.
2.34
AUTOMOBILE SUPPLY STORE
Automobile Supply Store, means a building or part thereof used for the purpose of retail
sale of equipment and parts used to repair, service or customize motor vehicles. This
does not include any installations or repairs.
2.35
AUTOMOBILE WRECKING YARD - see SALVAGE YARD.
2.36
AUTOMOTIVE USE
Automotive Use, means an automobile service station, a gas bar, a vehicle repair
garage, a car wash, a body shop or a vehicle sales or rental establishment as defined
herein.
2.37
BAKE SHOP
Bake Shop, means a retail store where bakery products are offered for sale, some or all
of which may be prepared on the premises.
2.38
BAKERY
Bakery, means a building for producing, mixing, compounding or baking bread, biscuits,
cakes or other baked products.
2.39
BALCONY
Balcony, means a stage or platform, other than a stoop, projecting from the wall of a
building and accessible from inside such building by means of a door.
2.40
BANK - see FINANCIAL INSTITUTION.
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2.41
BANQUET HALL
Banquet Hall, means a privately owned and operated building designed, used or
intended for use as a meeting place by the public for which rental charges are paid, and
may include associated dining rooms and beverage rooms but does not include a club or
restaurant as defined elsewhere by this By-Law.
2.42
BARBER SHOP - see HAIRDRESSING ESTABLISHMENT.
2.43
BASEMENT
Basement, means that portion of a building between two floor levels which is partly
underground but which has at least one-half of its height from finished floor to finished
ceiling above adjacent finished ground surface or grade.
2.44
BATCHING PLANT, ASPHALT
Batching Plant, Asphalt, means an industrial establishment used for the production of
asphalt, or asphalt products used in building or construction and includes facilities for the
administration and management of the business, the stockpiling of bulk materials used in
the production process or a finished product manufactured on the premises and the stor-
age and maintenance of required equipment, but does not include the retail sales of
finished asphalt.
2.45
BATCHING PLANT, CONCRETE
Batching Plant, Concrete, means an industrial establishment used for the production of
concrete, or concrete products used in building or construction and includes facilities for
the administration and management of the business, the stockpiling of bulk materials
used in the production process or a finished product manufactured on the premises and
the storage and maintenance of required equipment, but does not include the retail sales
of finished concrete.
2.46
BATCHING PLANT, PORTABLE ASPHALT
Batching Plant, Portable Asphalt, means a temporary asphalt batching plant established
for a Provincial or Municipal road project.
2.47
BED AND BREAKFAST ESTABLISHMENT
Bed and Breakfast Establishment, means a single detached dwelling in which not more
than two rooms are made available by the person or persons occupying the said
dwelling for the temporary accommodation of the traveling or vacationing public and
within which light meals may be offered. This does not include a group home,
hotel/motel, lodging house, or restaurant, as defined herein.
2.48
BINGO HALL
Bingo Hall, means a building or structure used for the playing of bingo games which are
regulated by the Alcohol and Gaming Control Commission and the Criminal Code of
Canada as amended from time to time.
2.49
BOARDING HOUSE - see LODGING HOUSE.
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2.50
BODY SHOP
Body Shop, means an establishment engaged primarily in the repairing or painting of
automobile or vehicle bodies.
2.51
BREWING ON PREMISES ESTABLISHMENT
Brewing on Premises Establishment, means a commercial establishment where
individuals produce beer, wine and/or cider, for personal use and consumption off the
premises; and where beer, wine and/or cider ingredients and materials are purchased,
and an equipment and storage area is used for a fee by the same individuals.
2.52
BUILDING
Building, means any structure consisting of walls and a roof, whether temporary or
permanent, designed, used or intended for sheltering any use of occupancy or enclosure
of persons, animals, or chattels, and includes accessory buildings and structures such
as heat pumps or air exchangers, but shall not include a boundary wall, fence, tent,
travel trailer, camping trailer, truck camper, motor home or other vehicle.
2.53
BUILDING AREA - see AREA OF BUILDING.
2.54
BUILDING ENVELOPE - see AREA OF BUILDING.
2.55
BUILDING HEIGHT - see HEIGHT.
2.56
BUILDING LINE
Building Line, shall mean a line within a lot drawn parallel to a lot line which establishes
the minimum distance between the lot line and any building or structure which may be
erected. Where the lot line is a curve, the same shall apply.
2.57
BUILDING LINE, ESTABLISHED
Building Line, Established, means a building line considered to be established between
existing buildings where at least five (5) main buildings have been erected on any one
side of a continuous one hundred and fifty (150) metre strip of land fronting on a street or
road. The established building line shall thus mean the average setback of the existing
main buildings.
2.58
BUILDING SUPPLY OUTLET
Building Supply Outlet, means a premises used for storage, milling, and wholesale sales
of a broad range of building materials and tools, and which may include a retail
operation.
2.59
BULK SALES ESTABLISHMENT
Bulk Sales Establishment, means the use of land, buildings, or structure for the purpose
of buying, selling, and storing fuel oil, wood, lumber, building materials, or similar bulk
commodities but excludes any manufacturing, assembling, or processing of these
commodities.
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2.60
BUS
Bus, means a motor vehicle designed for carrying ten (10) or more passengers and used
for the transportation of persons, and shall include any vehicle designed, built and
formerly operated as a bus which has since been converted for private use.
2.61
BY-LAW ENFORCEMENT OFFICER
By-law Enforcement Officer, means an officer or employee of the Corporation charged
with the duties of enforcing this By-Law.
2.62
CAMPGROUND
Campground, means a parcel of land used or maintained as an overnight tenting or
camping area, where people are temporarily accommodated in tents, trailers or similar
facilities, whether or not a fee or charge is paid for the rental thereof, but does not
include a mobile home or a mobile home park or a park model trailer.
2.63
CANOPY, WEATHER
Canopy Weather, means a permanent unenclosed roof structure erected for the purpose
of sheltering automobile or vehicle fuel pumps and dispenser islands from the weather.
2.64
CARPORT - see GARAGE, PRIVATE.
2.65
CAR WASH ESTABLISHMENT, AUTOMATED
Car Wash Establishment, Automated, means a premise containing automated facilities
for the washing, waxing and detailing of automobiles for a fee and may include a manual
car wash establishment as defined herein.
2.66
CAR WASH ESTABLISHMENT, MANUAL
Car Wash Establishment, Manual, means a premise containing facilities for the washing,
waxing and detailing of automobiles by hand for a fee but does not include an automated
car wash establishment as defined herein.
2.67
CATERER'S ESTABLISHMENT
Caterer's Establishment, means an establishment in which food and beverages are
prepared for consumption off the premises and are not served to customers on the
premises or to take out, but does not include a food service establishment.
2.68
CELLAR
Cellar, means that portion of a building between two floor levels which is partly or wholly
underground but which has more than one-half of its height from finished floor to ceiling
below adjacent finished ground surface or grade.
2.69
CEMETERY
Cemetery, means the use of land, buildings, or structure for the interment of the
deceased or in which human bodies have been buried and may include a crematorium,
mausoleum and a columbarium.
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2.70
CHRONIC CARE FACILITY
Chronic Care Facility, means a home for the aged, rest home, a hospital, or licensed
facility where the elderly or chronically ill reside and are cared for.
2.71
CHURCH - see PLACE OF WORSHIP.
2.72
CLINIC
Clinic, means a building, designed, used, or intended for the purposes of medical or
dental practice and, without limiting the generality of the foregoing, may include the
offices or consulting rooms of members of the medical or dental professions or of a
chiropractor, as well as waiting rooms, treatment rooms, laboratories and dispensaries
directly associated with the clinic.
2.73
CLUB
Club, means the use of land, buildings, or structures designed, used, or intended for use
as a meeting place for the members of an organization, association, fraternal order, or
similar group, not operated for profit and wherein athletic facilities, dining rooms, and
beverage rooms may be provided.
2.74
COMBAT GAMES
Combat Games, means any form of play, sport or amusement which simulates combat,
armed conflict or military operations.
2.75
COMMERCIAL RECREATION ESTABLISHMENT
Commercial Recreation Establishment, means a building, or part thereof, used for the
purposes of an arena, assembly hall, billiard or pool room, bingo hall, bowling alley,
dance hall, gym or fitness centre, ice or roller rink, indoor racquet courts, indoor
swimming pool, or sports simulation, but not including a place of entertainment, an
amusement park or any other place of entertainment or amusement otherwise defined or
classified herein, a recreational trailer park, campground, or drive-in theatre.
2.76
COMMERCIAL USE
Commercial Use, means the use of land or buildings for the purposes of buying and/or
selling commodities and supplying services.
2.77
COMMUNAL WASTE DISPOSAL SYSTEM, - see SANITARY SEWER.
2.78
COMMUNITY CENTRE
Community Centre, means a building used for community activities, the control of which
is vested in the Municipality, a local board, or trustees.
2.79
CONDOMINIUM
Condominium, means a building or buildings in which each individual unit is held in
separate private ownership and all floor space, facilities and outdoor areas used in
common by all tenants are owned, administered and maintained by a corporation
created pursuant to the provisions of the Condominium Act.
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2.80
CONSENT
Consent, means the approval of the severance of land pursuant to the provisions of the
Planning Act, as amended from time to time.
2.81
CONSERVATION AREA
Conservation Area, means an area of land owned by a Conservation Authority and any
other environmentally significant area used solely for the protection, maintenance and
improvement of components of the natural environment, including land, soil, water and
vegetation.
2.82
CONSERVATION AUTHORITY
Conservation Authority, means a conservation authority established under the
Conservation Authorities Act, as amended or revised from time to time, having
jurisdiction in the Municipality of Thames Centre.
2.83
CONSERVATION USE
Conservation Use, means the use of land and/or water for the purpose of planned
management of natural resources.
2.84
CONTAMINANT
Contaminant, means any solid, liquid, gas, odour, heat, sound, vibration, radiation, or
combination of any of them resulting directly or indirectly from the activities of man that
may:
(1) impair the quality of the natural environment for any use that can be made of it;
(2) cause injury or damage to property or to plant or animal life;
(3) cause harm or material discomfort to any person;
(4) adversely affect the health or impair the safety of any person;
(5) render any property or plant or animal life unfit for use by man;
(6) cause loss of enjoyment of normal use of property, or
interfere with the normal conduct of business.
2.85
CONTINUUM-OF-CARE FACILITY
Continuum-of-Care Facility, means a nursing home in association with such facilities as
hospitals, clinics, retirement lodges, recreation centres, cafeterias and personal service
establishments.
2.86
CONTRACTOR'S YARD OR SHOP
Contractor's Yard or Shop, means the use of land, buildings, or structures for the
purpose of storing equipment, vehicles, or material, or for performing shop work or
assembly work by any building trade or other construction contractor.
2.87
CONVENIENCE STORE
Convenience Store, means a retail food store, confectionery, delicatessen, grocery
store, or groceteria having a gross floor area of 300.0 square metres or less, or as
determined by the zone standards, where a variety of both household and grocery items
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are offered for sale primarily to serve the daily needs of people and may include the
rental of videos, an automated banking machine and/or depots for such items as film,
laundry or dry cleaning, and an area devoted to food preparation for consumption on or
off the premises, provided the gross floor area for the sale of food preparation does not
exceed ten percent (10%) of the gross floor area to a maximum of 30.0 square metres.
2.88
CONVERTED DWELLING - see DWELLING, CONVERTED.
2.89
CORPORATION
Corporation, means the Corporation of the Municipality of Thames Centre.
2.90
CORRECTIONAL AND DETENTION CENTRE
Correctional and Detention Centre, means a building established or continued under the
Ministry of Correctional Services Act, but does not include a Training School established
under the Training School Act, or a lock-up established under the Municipal Act.
2.91
COUNCIL
Council, means the Municipal Council of the Corporation of the Municipality of Thames
Centre.
2.92
COUNTY
County, means the Corporation of the County of Middlesex.
2.93
CRUSHING PLANT
Crushing Plant, means an industrial establishment where aggregate is processed
through a crushing and sorting operation into various grades of gravel.
2.94
CUSTOM WORKSHOP
Custom Workshop, means an establishment where goods are produced to special order
and sold on the premises, but shall not include an establishment where the manufacture
of goods is performed on a mass production or assembly line basis.
2.95
DATA PROCESSING ESTABLISHMENT
Data Processing Establishment, means a building, or part thereof, used for the input,
processing and printing of computerized data.
2.96
DAY CARE, PRIVATE HOME
Day Care, Private Home, means the temporary care and custody for reward or
compensation of not more than five children under ten years of age in a private
residence other than the home of a parent or guardian of any such child for a continuous
period not exceeding 24 hours.
2.97
DAY NURSERY
Day Nursery, means a premises that receives more than five children who are not of
common parentage, primarily for the purpose of providing temporary care or guidance,
or both temporary care and guidance, for a continuous period not exceeding twenty-four
hours, when the children are: under eighteen years of age in the case of a day nursery
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for children with a developmental handicap; and under ten years of age in all other
cases.
2.98
DECK
Deck, means a platform made of wood, concrete or other similar material, that has a
height greater than 0.6096 metres above grade, projecting from a building or
freestanding, open to the sky, and intended for the purpose of outdoor dining, lounging,
and other similar accessory residential uses. A deck as defined herein shall not be
included in determining lot coverage.
2.99
DEVELOPMENT
Development, means the construction, erection or placing of one or more buildings or
structures on land or the making of an addition or alteration to a building or structure that
has the effect of substantially increasing the size or usability thereof, or the laying out
and establishment of a commercial parking lot.
2.100 DEVELOPMENT AGREEMENT - see SITE PLAN AGREEMENT.
2.101 DEVELOPMENT CHARGE
Development Charge, means a charge imposed with respect to growth related net
capital costs against land under the Development Charges By-Law.
2.102 DRINKING WATER THREAT
Drinking Water Threat, means an activity or condition that adversely affects or has the
potential to adversely affect the quality or quantity of any water that is or may be used as
a source of drinking water, and includes an activity or condition that is prescribed by the
regulations as a drinking water threat.
2.103 DRIVEWAY
Driveway, means a vehicle access provided between a street or lane and a parking area
or a loading space, or between two (2) parking areas, but does not include a parking
aisle as defined herein.
2.104 DRIVING TEE OR RANGE - see GOLF DRIVING TEE OR RANGE.
2.105 DRIVE-THROUGH FACILITY
Drive-Through Facility, means a facility or structure that is designed to allow drivers to
remain in their vehicles before and during an activity on the site. Drive-through facilities
also include facilities designed for the rapid servicing of vehicles, where the drivers may
or may not remain in their vehicles, but where the drivers usually either perform the
service for themselves, or wait on the site for the service to be rendered. Drive-through
facilities may serve the primary use of the site or may serve accessory uses. Examples
include drive-up windows; menu boards; order boards or boxes; gas pump islands; car
wash facilities; auto service facilities such as air compressor, water, and windshield
washing stations; quick-lube or quick-oil change facilities.
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2.106 DRY CLEANER'S DISTRIBUTION STATION
Dry Cleaner's Distribution Station, means a building used for the purpose of receiving
articles or clothing to be subjected to the process of dry cleaning, dry dyeing or cleaning
elsewhere and for the pressing and/or distribution of any such articles or goods which
have been subjected to any such process.
2.107 DRY CLEANING ESTABLISHMENT
Dry Cleaning Establishment, means a building where dry cleaning, dry dyeing, cleaning
or pressing of articles or goods of fabric is carried on and in which only non-flammable
solvents are or can be used which emit no odours or fumes, and in which no noise or
vibration causes a nuisance within or without the premises.
2.108 DUPLEX DWELLING - see DWELLING, DUPLEX.
2.109 DUPLICATING SHOP
Duplicating Shop, means a premises engaged in reproducing drawings, plans, maps or
other copy, by computer graphics, blueprinting, photocopying or small offset process.
2.110 DWELLING
Dwelling, means a building, occupied or designated to be occupied exclusively as a
home, residence or sleeping place by one (1) or more persons, but shall not include a
hotel/motel, boarding, lodging, or rooming houses, tourist homes, nursing homes,
institutions, or recreational vehicles.
2.111 DWELLING, APARTMENT
Dwelling Apartment, means a dwelling, consisting of four (4) or more dwelling units
which units have a common entrance from the street level and the occupants of which
have the right to use, in common, halls and/or stairs and/or elevators and yards.
2.112 DWELLING, CONVERTED
Dwelling, Converted, means a dwelling originally designed as a single unit dwelling
which because of its size or design is capable of being, or has been, converted by
partition and the addition of sanitary facilities and kitchen facilities into more than one
dwelling unit. Alteration to the exterior of the building shall be limited to the required fire
escapes, extra windows and entrances to a maximum of ten percent (10%) of the
dwelling or 30.0 square metres, whichever is the lesser. The building, when converted,
shall comply with the provisions of the Building Code and the parking and all other
provisions of this By-Law.
2.113 DWELLING, DUPLEX
Dwelling Duplex, means a dwelling that is divided horizontally into two (2) dwelling units
each of which has an independent entrance either directly or through a common
vestibule.
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2.114 DWELLING, FOURPLEX
Dwelling Fourplex, means a building that is divided horizontally and/or vertically into four
(4) separate dwelling units, each of which has an independent entrance either directly
from the outside or through a common entrance, but does not include a converted
dwelling or a townhouse dwelling.
2.115 DWELLING, LINK HOME
Dwelling, Link Home, means a dwelling containing two (2) or more dwelling units that are
attached only by a vertical wall below grade.
2.116 DWELLING, MULTIPLE UNIT
Dwelling, Multiple Unit, means a dwelling containing two (2) or more dwelling units,
including a converted dwelling, a semi-detached dwelling as a whole, a duplex, triplex or
fourplex dwelling, an apartment dwelling, a street townhouse dwelling as a whole, a
stacked townhouse dwelling, a townhouse dwelling or group dwellings, but does not
include a single unit dwelling as defined herein.
2.117 DWELLING, SEASONAL FARM
Dwelling, Seasonal Farm, means a dwelling that is used for not more than nine (9)
months within a twelve (12) month period within any given year for the housing of
seasonal farm labour and their families who are employees of the owner or operator of a
farm and may include a mobile home. A bunkhouse or seasonal farm accommodation is
a seasonal farm dwelling.
2.118 DWELLING, SEMI-DETACHED
Dwelling, Semi-Detached, means a dwelling that is divided vertically into two (2) dwelling
units, each of which has an independent entrance either directly or through a common
vestibule, but shall not include a link home.
2.119 DWELLING, SINGLE DETACHED
Dwelling, Single Detached, means one (1) dwelling which is freestanding, separate and
detached from other main buildings or main structures, including a split level dwelling,
but does not include a mobile home as defined herein.
2.120 DWELLING, SINGLE UNIT
Dwelling, Single Unit, means a dwelling containing not more than one (1) dwelling unit,
including a single detached dwelling or modular dwelling, or one individual unit of a
semi-detached dwelling or street townhouse, but does not include a multiple dwelling
unit as defined herein.
2.121 DWELLING, STACKED TOWNHOUSE
Dwelling, Stacked Townhouse, means a building designed to contain three (3) or more
dwelling units attached side by side, two units high, with each dwelling unit having a
private entrance to grade level and a private open space area of any upper unit may
utilize a portion of the roof of any lower unit.
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2.122 DWELLING, STREET TOWNHOUSE
Dwelling, Street Townhouse, means a townhouse with each unit on a separate lot and
having legal frontage on a public street.
2.123 DWELLING, TOWNHOUSE
Dwelling Townhouse, means a building divided vertically into three (3) or more attached
dwelling units by common walls extending from the base of the foundation to the roof
line, each dwelling unit having a separate entrance at grade, and so located on a lot that
the individual units are not required to have legal frontage on a public street, but shall
not include a link home.
2.124 DWELLING, TRIPLEX
Dwelling, Triplex, means the whole of a dwelling that is divided horizontally and/or
vertically into three (3) separate dwelling units each of which has an independent
entrance either directly from the outside or through a common entrance and does not
include a converted dwelling.
2.125 DWELLING UNIT
Dwelling Unit, means one or more habitable rooms occupied or capable of being
occupied by one or more persons as an independent and separate housekeeping
establishment in which separate kitchen and sanitary facilities are provided for the use of
such person or persons, with a private entrance from outside the building or from a
common hallway or stairway inside the building.
2.126 DWELLING UNIT, ACCESSORY
Dwelling Unit, Accessory, means a dwelling unit accessory to a permitted non-residential
use.
2.127 DWELLING UNIT AREA - see FLOOR AREA.
2.128 EATING ESTABLISHMENT - see RESTAURANT.
2.129 EFFECTIVE DATE
Effective Date, means the date that this By-Law shall be deemed to come into full force
and effect upon the issuance of a formal order pursuant to the Planning Act, as
amended from time to time.
2.130 ELEVATION, AVERAGE
Elevation, Average, means the height above sea level, calculated along the length of a
building or structure.
2.131 EMERGENCY CARE ESTABLISHMENT
Emergency Care Establishment, means a temporary residence for not more than 6 adult
persons (exclusive of staff) and their dependants, who, because of a social, physical, or
mental condition, require immediate emergency shelter and assistance for a short period
of time, generally not more than three (3) weeks. This does not include a group home or
lodging house as defined herein.
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2.132 EMISSION
Emission, means any corrosive gasses, dust, fly ash, electromagnetic fields, heat, glare,
odours, smoke, toxic gasses or radiation issuing from a building, structure, lot, or
vehicle.
2.133 ERECT
Erect, means to build, construct, reconstruct or relocate any building or structure or part
thereof, and, without limiting the generality of the foregoing, also includes: any
preliminary operation such as excavation, filling or draining preparatory to any building or
construction; altering any existing building or structure by an addition, enlargement,
extension or other structural change; and any work which requires a building permit.
2.134 ESTABLISHED BUILDING LINE - see BUILDING LINE, ESTABLISHED.
2.135 EXISTING
Existing, means legally existing as of the date of the passing of this By-Law.
2.136 EXPROPRIATION
Expropriation, means the acquisition of land, with or without the consent or agreement of
the owner thereof by any person or entity empowered by statute to take land without the
consent of the owner of such land in the exercise of such person's or entity's statutory
authority. The word "expropriate" shall have a corresponding meaning.
2.137 FACTORY OUTLET
Factory Outlet, means a building or part thereof accessory to, and clearly secondary to,
an industrial use or a service trade, wherein products manufactured, produced,
processed or stored on the premises are kept or displayed for wholesale or retail sale, or
wherein orders are taken for the delivery of such products.
2.138 FAIRGROUND
Fairground, means land and buildings used for such purposes as the promotion of
horticulture and agricultural activities and shall include general entertainment,
community activities, seasonal antique sales and flea markets, seasonal inside vehicle
storage activities, and recreational uses such as a racetrack and livestock buildings.
Without limiting the generality of the foregoing, the uses may occur on a regular or
infrequent basis and may involve the competition of machinery or animals in competing
events.
2.139 FARM OR IRRIGATION POND
Farm or Irrigation Pond, means a body of water located outdoors, contained by natural
or artificial means and designed, used, or intended for agricultural purposes including
irrigation and watering for livestock but not for recreational purposes.
2.140 FARM, SPECIALTY
Farm, Specialty, means lands buildings and structures used for the growing of
vegetables, berries, and fruit crops or flowers, and requiring less land to be economically
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viable than a traditional agricultural operation, but does not include a fish farm or
mushroom operation.
2.141 FEED MILL
Feed Mill, means a building wherein farm commodities are brought, stored, and sold,
and also includes the drying, processing and elevation for storage of farm commodities
such as cereal grain, corn, and soy beans etc.
2.142 FENCE
Fence, means a wall (other than the wall of a building), gate or other barrier constructed
of wood, masonry, metal, composite material or combination thereof, which is
continuous throughout its entire length where required, save and except where access
areas and lines of sight are required for safety purposes.
2.143 FERTILIZER BLENDING STATION
Fertilizer Blending Station, means a building or portion of a building wherein different
grades of fertilizers to be used by farmers are mixed to create compounds for use by the
farming community.
2.144 FILM PROCESSING DEPOT
Film Processing Depot, means a building or part thereof, used for the purposes of
depositing film for transfer from retail customers to a processing plant and as a
repository for film transferred from the processing plant to the retail customers. Retail
sales of film, batteries and flashes may be included but not the sale of cameras or
photographic equipment.
2.145 FINANCIAL INSTITUTION
Financial Institution, means an establishment which provides money management
services directly to the public, including a bank, trust company, credit union, securities
dealer, finance companies and stock brokers, but not including the internal offices or
administrative offices which shall be considered to be offices for the purposes of this By-
Law.
2.146 FISHERIES HABITAT
Fisheries Habitat, means any body of water sustaining or having the potential to sustain
healthy game, forage, and commercial fish populations including fish bait.
2.147 FISH FARM
Fish Farm, means use of land for the creation of ponds, waterways and other facilities
for the spawning, growing, feeding and sale of fish.
2.148 FLOOD, REGULATORY
Flood Regulatory, means the approved standard used by a Conservation Authority
having jurisdiction to define the limit of the flood plain for regulatory purposes.
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2.149 FLOOD, 100-YEAR
Flood, 100-Year, means that flood based on analysis of precipitation, snow melt or a
combination thereof, having a return period of 100 years on average, or having a one
percent (1%) chance of occurring or being exceeded in a given year.
2.150 FLOOD, 100-YEAR FLOOD LEVEL
Flood, 100-Year Flood Level, means the level of flooding which would occur during a
100-Year Flood.
2.151 FLOODPROOFING
Floodproofing, means a combination of structural changes and/or adjustments
incorporated into the basic design and/or construction or alteration of individual
buildings, structures or properties subject to flooding so as to reduce or eliminate flood
damage.
2.152 FLOOR AREA
Floor Area, means the sum of the areas of all floors of a building measured from the
outside of all exterior walls exclusive of any attic, basement, cellar, garage, verandah,
porch or sunroom unless such enclosed porch or sunroom is an integral part of the
building and habitable in all seasons, and excluding any floor area with a ceiling height
of less than two (2.0) metres.
2.153 FLOOR AREA, GROSS
Floor Area, Gross, means the aggregate of the floor areas of all storeys of a building or
structure, other than an attic or a cellar, excluding the floor areas of any private garage.
2.154 FLOOR AREA, GROSS LEASABLE
Floor Area, Gross Leasable, means the total area of a building for which tenants pay
rent and have exclusive occupancy, measured from the centreline of partition walls and
the exterior face of outside walls, and includes all such floor area on a main floor,
mezzanine and upper storey and in a cellar, but does not include any floor area used in
common by the tenants of the building such as a mall, aisle or hallway, elevator shaft or
lobby, stairwell, any washroom, boiler room, maintenance room, mechanical or electrical
or utility room, and any automobile parking facilities provided within the building.
2.155 FLOOR AREA, GROUND
Floor Area, Ground, means the area of a building or structure measured from the outside
of all exterior walls, at grade, exclusive of any accessory building, garage, basement,
cellar, terrace, verandah, open or enclosed porch or sunroom, unless such sunroom or
enclosed porch is an integral part of the building and habitable in all seasons.
2.156 FLOOR AREA, NET
Floor Area, Net, means that portion of the floor area of a building which is used
exclusively for a non-residential use defined herein or specifically permitted elsewhere in
this By-Law, but excluding:
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(1) any part of such building used for any other non-residential use defined herein or
specifically permitted elsewhere in this By-Law;
(2) any part of such building used as a dwelling unit, a public concourse, or a common
hallway or stairway not used exclusively by the said non-residential use;
(3) any part of such building used solely for the storage of electrical equipment or of
equipment to heat, cool, or otherwise control the environment of such building or a
portion thereof; and
(4) the thickness of any exterior walls of such building.
2.157 FLORIST SHOP
Florist Shop, means a retail store devoted to the sale of flowers, indoor plants and
arrangements thereof.
2.158 FLOUR MILL
Flour Mill, means a facility and or building, or portion thereof wherein cereal grains and
other agricultural commodities are processed to create new by-products such as flour.
2.159 FOOD PROCESSING PLANT
Food Processing Plant, means a building or part thereof, other than a restaurant or
catering establishment in which agricultural products are prepared, processed,
preserved, graded or stored for eventual human consumption, and includes a flour mill, a
dairy, a bakery, a grain elevator or an egg grading station, but does not include an
abattoir or any premises used for the slaughtering of animals or the boiling of blood, tripe
or bones.
2.160 FOOD STORE
Food Store, means a retail store selling food and associated small household items.
2.161 FOSTER HOME
Foster Home, means a single housekeeping unit in a dwelling, in which individuals may
be placed with Foster Parents to gain a family life experience, the said home being affil-
iated with a recognized social agency. The number of individuals placed at any one time
shall not exceed four (4) persons.
2.162 FORESTRY USE
Forestry Use, means the raising and harvesting of wood and, without limiting the
generality of the foregoing, shall include the raising and cutting of fuel wood, pulp wood,
lumber, Christmas trees, and other forest products.
2.163 FOURPLEX DWELLING - see DWELLING, FOURPLEX.
2.164 FUEL PUMP ISLAND
Fuel Pump Island, means that portion of an automobile service station, gas bar or
portion of a non-residential use for the retail sale of automotive fuels that includes the
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fuel pumps, concrete base, overhead canopy and kiosk, but shall not include any part of
any building for the repair or service of vehicles.
2.165 FUEL STORAGE TANK
Fuel Storage Tank, means a tank for the bulk storage of petroleum gasoline, fuel oil, gas
or inflammable liquid or fluid but does not include a container for inflammable liquid or
fluid legally and properly kept in a retail store or a tank for storage merely incidental to
some other use of the premises where such tank is located.
2.166 FUNERAL HOME
Funeral Home, means a building or structure wherein a licensed undertaker prepares
corpses for interment, and may include a chapel for funeral services.
2.167 GARAGE, MUTUAL
Garage Mutual, means a private garage which:
(1) contains sufficient space for the parking of not less than two (2) automobiles;
(2) is situated astride a common side lot line between two (2) adjacent lots; and,
(3) is accessory to a main use of such lots.
2.168 GARAGE, PRIVATE
Garage Private, means a detached accessory building or a portion of a main building
designed or used for parking or storage of automobiles of the occupants of the dwelling
and in which there are no facilities for repairing or servicing such vehicles for gain or
profit. For the purposes of this By-Law, a garage includes a carport.
2.169 GARAGE SALE - see HOUSEHOLD SALE/GARAGE SALE.
2.170 GARDEN CENTRE
Garden Centre, means the use of land, buildings or structures for the purpose of buying
and selling lawn and garden equipment, furnishings, and supplies.
2.171 GAS BAR
Gas Bar, means a building or place with one or more fuel pumps for the sale of motor
fuels and related products for automobiles or vehicles, together with the necessary pump
islands, light standards, kiosk, concrete aprons, canopy, storage tanks and related
facilities required for the dispensing of fuel but where no servicing, repair or equipping of
automobiles or vehicles is carried on and does not include a car wash.
2.172 GOLF COURSE
Golf Course, means the use of land for the purpose of playing golf and, without limiting
the generality of the foregoing, may include a par three golf course, a driving tee or
range as an accessory use, a miniature golf course, or combination thereof.
2.173 GOLF COURSE, MINIATURE
Golf Course, Miniature, means an area of land or a building, structure or premises or
part thereof operated for profit or gain as a commercial place of entertainment or
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amusement in which facilities are provided to simulate the game of golf or any aspect of
the game on a small scale, but does not include a golf driving tee or range as defined
herein.
2.174 GOLF DRIVING TEE OR RANGE
Golf Driving Tee or Range, means a use which provides facilities designed and operated
primarily for the practicing of golf shots but does not include a golf course or miniature
golf course as defined herein.
2.175 GRADE
Grade, means:
(1) when used with reference to a building or structure, the average level of the
proposed or finished ground elevation adjoining a building at all exterior walls;
(2) when used with reference to a road, the finished elevation of such road as
established by the Municipality or other authority having jurisdiction.
2.176 GRADE LEVEL
Grade Level, means the level of any lots, measured above sea level according to
Geodetic Datum, 15.24 centimetres (6 inches) above the normal crown level of the road,
measured above sea level according to Geodetic Datum, upon which the lot abuts.
Where a lot abuts on two (2) or more streets, the grade level shall be the mean of the
grade levels calculated with reference to the different streets. If the natural level of the
ground is higher than as above stipulated, then the average natural level of the ground
shall be taken as the grade level.
2.177 GRAIN ELEVATOR AND DRYING FACILITY
Grain Elevator and Drying Facility, means any land, buildings or structures wherein
agricultural commodities such as cereal grains, corn and soy beans are customarily
dried, stored and located, temporarily or otherwise.
2.178 GREENHOUSE, COMMERCIAL
Greenhouse Commercial, means a building used for the growing of flowers, fruits,
vegetables, plants, shrubs, trees and similar vegetation which are not necessarily
transplanted outdoors on the same lot containing such greenhouse, and are sold directly
from the lot either at wholesale or retail.
2.179 GREENHOUSE, FARM
Greenhouse Farm, means a building used for the growing of plants, shrubs, trees and
similar vegetation which are transplanted outdoors on the same lot containing such
greenhouse.
2.180 GROUP HOME,
(1)
GROUP HOME TYPE 1, means a residence licensed, supervised, approved, or
funded under a federal or provincial statute for the accommodation of three (3) to
ten (10) persons, excluding staff or the receiving family, living under responsible
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supervision in a single housekeeping unit and who, by reason of their intellectual,
mental health, social or physical condition or legal status, require a group living
environment for their well being. A Group Home Type 1 may include children or
youth on probation under provincial or federal statute, but does not include an
Emergency Care Establishment or a Group Home Type 2, as defined in this By-Law.
(2)
GROUP HOME TYPE 2, means a residence for the accommodation of up to ten (10)
residents, excluding staff, that is maintained and operated primarily for: persons who
have been placed on probation or released on parole under provincial or federal
statute; or, youth who have been charged under provincial or federal statute and
who have been placed in detention or custody. A Group Home Type 2 may include
a Group Home Type 1 and an Emergency Care Establishment as defined herein.
2.181 HABITABLE ROOM
Habitable Room, means any room used or intended to be used for living, sleeping,
cooking or eating purposes and where the ceiling height is at least 2.3 metres over one-
half the floor area.
2.182 HAIRDRESSING ESTABLISHMENT
Hairdressing Establishment, means a service commercial establishment providing a
personal service to men, women and/or children by shampooing, cutting, styling, tinting
or treatment of hair, by giving manicures, pedicures, facial treatments, scalp massages
or by the use of cosmetic products and, without limiting the generality of the foregoing,
includes a barber shop and beauty salon.
2.183 HAZARD LANDS
Hazard Lands, means lands which exhibit a hazardous condition as a result of their
instability; susceptibility to flooding, erosion, subsidence; or the presence of organic
soils; or instability associated with ravine, river valley or stream processes and includes
lands lying below the regulatory floodline and with the Regulation Limit as established
from time to time by the conservation authority having jurisdiction and shall include lands
lying within the 100 year erosion limit.
2.184 HEIGHT
Height, when used in reference to a building or structure other than an accessory
building, means the vertical distance between the horizontal plane through the average
finished grade and a horizontal plane through:
(1) the highest point of the roof assembly in the case of a building with a flat roof or deck
roof, or in the case of an accessory structure;
(2) the average level of a one (1) slope roof, provided that a roof having a slope of less
than twenty (20) degrees with the horizontal shall be considered a flat roof;
(3) the roof deck line, in the case of a mansard roof;
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(4) the average level between eaves and ridges in the case of a roof type not mentioned
in Clauses (1), (2) and (3) immediately preceding;
(5) where an exterior wall extends above the top of the roof of a building, the topmost
part of such exterior wall.
For an accessory building or structure, height is measured from the vertical distance
between the horizontal plane through the average finished grade and the peak of the
roof of the accessory structure.
2.185 HEREAFTER
Hereafter, means after the date of the passing of this By-Law.
2.186 HEREIN
Herein, means anywhere in this By-Law.
2.187 HEREOF, HERETO
Hereof, Hereto, means "of this By-Law" and "to this By-Law", respectively.
2.188 HERITAGE BUILDING
Heritage Building, means a building designated under The Ontario Heritage Act, as
amended from time to time.
2.189 HOME AND AUTO SUPPLY STORE
Home and Auto Supply Store, means a retail store devoted to the sale of merchandise
for the home and automobile including such goods as paint, hardware, electrical,
plumbing, housewares, home appliances, sporting goods, lawn and garden supplies,
and automobile supplies, and may include an associated automobile service station and
gas bar.
2.190 HOME APPLIANCE STORE
Home Appliance Store, means a retail store devoted to the sale of household equipment
such as major and small appliances, electronic devices, computers, and audio or visual
equipment.
2.191 HOME DECORATING STORE
Home Decorating Store, means a retail store devoted to the sale of goods and materials
required for decorating the interior of a home or office, including floor, wall and window
coverings, lighting fixtures, bathroom and kitchen fixtures and accessories.
2.192 HOME FURNISHINGS STORE
Home Furnishings Store, means a retail store devoted to the sale of movable contents of
a room, home or office. Such goods may include furniture, light fixtures, clocks, organs
or pianos, carpet and indoor window coverings.
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2.193 HOME IMPROVEMENT STORE
Home Improvement Store, means a retail store devoted to the sale of goods or materials
associated with the furnishing and decorating of a home and includes a home
decorating store, a home furnishing store or a home appliance store.
2.194 HOME OCCUPATION, RESIDENTIAL
Home Occupation, Residential, means an occupation or business, except for the
keeping of boarders or roomers, conducted for gain or profit within a dwelling unit in a
Residential Zone by any permanent resident of that dwelling unit. Where the use of the
dwelling unit by a permanent resident is for a professional or service office which does
not involve external signage, client visitations, and employees such office shall be
considered as an accessory use as defined herein.
2.195 HOME OCCUPATION, AGRICULTURAL
Home Occupation, Agricultural, means an occupation or business, except for the
keeping of boarders or roomers, conducted for gain or profit within a dwelling unit or
accessory building or structure in an Agricultural Zone by any permanent resident of that
dwelling unit, and is clearly secondary to the main use of the lot.
2.196 HOME FOR THE AGED/REST HOME
Home for the Aged/Rest Home, means a building for the aged established and
maintained under the Homes for the Aged and Rest Homes Act.
2.197 HOSPIS
Hospis, means a dwelling where, for a fee, room, board and personal care, supervision
and assistance with daily living activities are provided to persons who are otherwise
unable to care fully for themselves by reason of age or mental or physical disability, and,
without limiting the generality of the foregoing, includes such facilities as an unlicensed
nursing home or home for the aged/rest home, an unlicensed retirement home or
retirement lodge, or an unlicensed establishment providing nursing care for chronic
invalids or the elderly, but does not include:
(1) any residential facility licensed, approved or supervised under the Nursing Homes
Act, the Homes for the Aged and Rest Homes Act, the Homes for Retarded Persons
Act, the Homes for Special Care Act, the Private Hospitals Act, or any other Act or
authority;
(2) a rooming house or a boarding house;
(3) a Type 1 or Type 2 Group Home;
(4) an apartment dwelling.
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2.198 HOSPITAL
Hospital, means a hospital as defined in the Private Hospitals Act, as amended from
time to time, or a hospital as defined by the Public Hospitals Act, as amended from time
to time.
2.199 HOSPITALITY ROOM
Hospitality Room, means part of a winery building where wine and food may be served
but does not include the use of commercial cooking equipment on site in the preparation
of food. A hospitality room does not include a restaurant or tavern as defined herein.
2.200 HOTEL/MOTEL
Hotel/Motel, means any hotel, motel, tavern, inn, lounge, lodge, or public house in one
(1) main building or in two (2) or more connected or adjacent buildings designed and
used mainly for the purposes of catering to the needs of the traveling public by supplying
food, refreshments or both and furnishing sleeping accommodation of not less than six
(6) guest rooms, each having no facilities for cooking or housekeeping, and provided
that each guest room may only be entered from the interior of the building, and shall
include all such buildings operating under the Liquor License Act, and the Tourism Act,
as amended from time to time. A "Hotel/Motel" does not include a group home, home for
the aged/rest home, lodging house, nursing home or multiple or single unit dwelling.
2.201 HOUSEHOLD PET
Household Pet, means a domestic animal that by the nature of its temperament or
appearance is taken into the care of one or more persons for the purpose of personal
enjoyment or protection, which normally spends time in the dwelling unit of the owner at
least once each day, and shall include specifically, caged birds, caged rodents or
rabbits, cats, dogs, tropical fish, and non-poisonous indigenous reptiles.
2.202 HOUSEHOLD SALE/GARAGE SALE
Household Sale/Garage Sale, means the sale by an occupant of a dwelling unit, on his
own premises, of household goods belonging to him.
2.203 IMPOUNDING YARD
Impounding Yard, means a place to which disabled motor vehicles, and motor vehicles
or other mobile equipment impounded for a breach of the law, may be taken or towed
and stored temporarily until reclaimed, but does not include an automobile service
station, gas bar, or salvage yard as defined herein.
2.204 INDIVIDUAL SANITARY FACILITIES
Individual Sanitary Facilities, means an autonomous, individual on-site wastewater
treatment/sewage disposal system, that is owned, operated and managed by the owner
of the property upon which the system is located, which may include tile beds, holding
tanks, or any other component of a private sewage disposal system.
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2.205 INDOOR/OUTDOOR TARGET RANGE
Indoor/Outdoor Target Range, means the use of land, buildings or structures licensed by
the Solicitor General of Ontario, for the purposes of the recreational discharge of fire
arms, and may include an indoor/outdoor rifle range, pistol range, trap range, skeet
range, and archery range.
2.206 INDUSTRIAL USE
Industrial Use, shall mean the use of land, buildings, or structures designed, used, or
intended for the purpose of manufacturing, assembling, preparing, inspecting,
ornamenting, finishing, treating, altering, repairing, warehousing, or storing or adapting
for sale of any goods, substance, article or thing, including the storage of construction
equipment and materials. Transportation terminals may also be considered as an
Industrial use.
2.207 INDUSTRIAL USE, NON-EFFLUENT PRODUCING
Industrial Use, Non-Effluent Producing, means an industrial use which either does not
discharge waste water or discharges waste water from one (1) or more of the following
sources only:
(1) sanitary sewage from employee washrooms;
(2) storm water drainage;
(3) water used for indirect cooling of equipment and ancillary purposes.
2.208 INSTITUTIONAL USE
Institutional Use, means the use of land, buildings or structures for public or social
purposes but not for commercial or industrial purposes and, without limiting the
generality of the foregoing, may include governmental, religious, educational, charitable,
philanthropic, or other similar uses.
2.209 KENNEL
Kennel, means the use of land, buildings, or structures where four (4) or more dogs are
kept as pets for show, boarding and/or breeding. A Kennel is also not a building or
structure used for human habitation.
2.210 KITCHEN
Kitchen, means a room with cooking facilities that is:
(1) equipped with a sink that is provided with potable hot and cold water, and is
maintained;
(2) equipped with electrical or other service, fuel or utility outlets suitable for a
refrigerator and cooking stove;
(3) equipped with an impervious backsplash and countertop around the kitchen sink;
and,
(4) when equipped with a refrigerator, cooking stove, kitchen fixtures and fittings have
such appliances, fixtures and fittings maintained.
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2.211 LABORATORY
Laboratory, means a building, or part thereof, used for scientific, medical and/or dental
testing, experimentation and/or research.
2.212 LANE or ALLEY
Lane or Alley, means a private thoroughfare which affords means of access for vehicular
traffic abutting lots and which is intended for general traffic circulation.
2.213 LANDING STRIP
Landing Strip, means the use of land, in a grassed or otherwise natural state, accessory
to an agricultural or residential use, for the sole purpose of those residing thereon for the
landing and taking off of non-commercial aircraft and may include buildings and
structures accessory thereto.
2.214 LANDSCAPED OPEN SPACE
Landscaped Open Space, means the area of a lot which is used for the growth and
maintenance of grass, flowers, shrubbery and other landscaping materials, both natural
and artificial, and includes any surfaced walk, patio, or similar area, but does not include
any driveway or access ramp, parking lot, deck or any open space beneath or within any
building or structure.
2.215 LAUNDROMAT
Laundromat, means a self-serve clothes washing establishment containing one or more
washing and drying, ironing, finishing or other incidental equipment.
2.216 LIBRARY
Library, means a library, branch library, bookmobile, or distributing station operating
under The Public Libraries Act, R.S.O. 1990, as amended from time to time, or any
successor thereto.
2.217 LIQUID MANURE STORAGE FACILITY
Liquid Manure Storage Facility, means a structure of concrete or metal designed, used
or intended for the storage of manure accessory to an agricultural use.
2.218 LIQUOR, BEER AND WINE STORE
Liquor, Beer and Wine Store, means a retail store devoted to the sale of liquor and/or
beer and/or wine and accessory related items.
2.219 LIVESTOCK
Livestock, means farm animals kept for use, for propagation or intended for profit and,
without limiting the generality of the foregoing, may include dairy and beef cattle, horses,
swine, sheep, laying hens, chicken and turkey broilers, turkeys, goats, ducks, pigeons,
mink, and rabbits.
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2.220 LIVESTOCK UNIT
Livestock Unit, means the equivalent values for various types of animals and poultry
based on manure production and production cycles in accordance with Table 1 of
Schedule "C".
2.221 LOADING SPACE
Loading Space, means an off-street space or berth located on the same lot as a
permitted use and used for the parking of a commercial vehicle, loading or unloading
merchandise or materials pertinent to such permitted use.
2.222 LOCAL BOARD
Local Board, means a public utility commission, transportation commission, public library
board, board of park management, local board of health, planning board, or any other
board, commission, committee, body or local authority established or exercising any
power or authority under any general or special Act with respect to any of the affairs or
purposes of the Corporation of the Municipality of Thames Centre.
2.223 LOCALLY GROWN
Locally Grown, means fruit used in the production of wine shall consist entirely of fruit in
the first instance grown and harvested within the municipal boundaries of the
Municipality of Thames Centre, in the second instance from fruit grown and harvested in
the County of Middlesex and in the third instance from fruit grown and harvested in the
Province of Ontario.
2.224 LODGING HOUSE
(1)
LODGING HOUSE TYPE 1, means a residential building which is used to provide
lodging units for hire or gain directly or indirectly to three (3) or fewer persons with
or without meals. A lodging house, type 1, shall include a rooming house, a boarding
house, a fraternity and sorority house, but shall not include a bed and breakfast
establishment, emergency care establishment, group home, home for the aged, rest
home, hotel/motel, nursing home or a residence of an educational institution.
(2)
LODGING HOUSE TYPE 2, means a residential building which is used to provide
lodging units for hire or gain directly or indirectly to more than three (3) persons with
or without meals. A lodging house, type 2, shall include a rooming house, a boarding
house, a fraternity and sorority house, but shall not include a bed and breakfast
establishment, emergency care establishment, group home, home for the aged, rest
home, hotel/motel, nursing home or a residence of an educational institution.
2.225 LOT
Lot, means a parcel or tract of land which:
(1) is a whole lot or block as shown on a registered plan of subdivision (note: a
registered plan of subdivision for the purposes of this paragraph does not include a
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registered plan of subdivision deemed not to be a plan of subdivision under a By-Law
passed pursuant to Section 51 of the Planning Act, as amended from time to time);
(2) or fronts an open street and is a separate parcel of land without any adjoining lands
being owned by the same owner or owners as at the date of the passing of this By-
Law;
(3) or the description of which is the same as in a Deed which has been given consent
pursuant to Section 53 of the Planning Act, as amended from time to time;
(4) or is the whole remnant remaining to an owner or owners after a conveyance made
with consent pursuant to Section 53 of the Planning Act, as amended from time to
time.
(5) or is a unit as shown on a registered plan of condominium.
2.226 LOT AREA
Lot Area, means the total horizontal area within the lot lines of a lot, except in the case of
a corner lot having street lines rounding at the corner, where the lot area of such lot shall
be calculated as if the lot lines were projected to the intersection.
2.227 LOT, CORNER
Lot Corner, means a lot situated at the intersection of and abutting upon two (2) roads
which intersect at an angle of not more than one hundred and thirty-five (135) degrees.
2.228 LOT COVERAGE
Lot Coverage, means that percentage of the lot area of a lot covered by the
perpendicular projections onto a horizontal plane of the floor areas of all buildings or
mobile homes on the lot, excluding balconies, canopies and overhanging eaves which
are 2 metres or more in height above finished grade, and excluding decks and private
outdoor swimming pools.
2.229 LOT DEPTH
Lot Depth, means the horizontal distance between the front and rear lot lines. Where
these lines are not parallel, the lot depth shall mean the length of a straight line joining
the mid-points of the front lot line and the rear lot lines. Where there is no rear lot line,
lot depth shall mean the length of a straight line joining the middle of the front lot line
with the apex of the triangle formed by the side lot lines.
2.230 LOT FRONTAGE
Lot Frontage, means the horizontal distance measured at right angles between the side
lot lines or the extension thereof of a lot where the side lot lines are parallel. Where
such side lot lines are not parallel, the lot frontage shall be measured perpendicularly to
the line joining the mid-point of the front lot line and the mid-point of the rear lot line at a
point six (6.0) metres back from the front lot line, and where such side lot lines meet, lot
frontage shall be measured perpendicularly to the line joining the apex of the triangle
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formed by the side lot lines to the mid-point of the front lot line at a point six (6.0) metres
back from the front lot line.
2.231 LOT, INTERIOR
Lot Interior, means a lot other than a corner lot.
2.232 LOT LINES
Lot Lines, shall mean the boundary lines of a lot defined as follows:
(1)
LOT LINE, FRONT, means:
(a) in the case of an interior lot, the line dividing the lot from the street;
(b) where the lot is a corner lot, the shorter lot line abutting a street shall be deemed
to be the front lot line and the longer lot line abutting a street shall be deemed
to be an exterior side lot line, provided that, where a corner lot has the same
dimensions on the two streets upon which it abuts, the lot line abutting the street
upon which the building or structure erected or to be erected has its principal
entrance shall be deemed to be the front lot line;
(c) where the lot is a through lot, the lot line where the principal access to the lot is
provided shall be deemed to be the front lot line.
(2)
LOT LINE, INTERIOR, means a lot line other than a street line.
(3)
LOT LINE, REAR, means the lot line farthest from or opposite to the front lot line;
but where the side lot lines intersect, as in the case of a triangular lot, the rear lot
line shall be represented by the point of intersection.
LOT LINE, SIDE, means a lot line other than a front or rear lot line.
(a) LOT LINE, EXTERIOR SIDE, means a side lot line that abuts a street.
(b) LOT LINE, INTERIOR SIDE, means a side lot line other than an exterior side
lot line.
2.233 LOT, THROUGH
Lot, Through, means a lot bounded on opposite sides by a street provided, however that
if any lot qualifies as being both a corner lot and a through lot, such lot shall be
conclusively deemed to be a corner lot.
2.234 MACHINE SHOP - see SERVICE SHOP.
2.235 MAIN
Main, when used to describe a use, a building or a structure, means a use or structure
which constitutes, or a building in which is conducted, a principal use of the lot on which
such use, building or structure is located.
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2.236 MAIN WALL
Main Wall, means the exterior front, side, or rear wall of a building, and all structural
members essential to the support of a fully enclosed space or roof.
2.237 MARINE SALES AND SERVICE
Marine Sales and Service, means the use of land, buildings, or structures designed,
used, or intended for the sale, service, or repair of boats and/or watercraft and related
accessories.
2.238 MARKET GARDEN
Market Garden, means the use of land, buildings, or structures for the purpose of buying and
selling fruits, vegetables and flowers.
2.239 MERCHANDISE SERVICE SHOP
Merchandise Service Shop, means a building or part thereof wherein articles or goods,
other than vehicles or industrial toolage, are repaired or serviced, or where replacement
parts for such articles or goods are offered for sale or a depot to collect, ship and receive
such articles to be repaired or renewed.
2.240 MOBILE HOME
Mobile Home, means a C.S.A. approved, factory built dwelling occupied or designed to
be occupied on a permanent basis, designed to be towed on its own chassis,
(notwithstanding that its running gear is on or may be removed) placed or designed to be
placed on permanent foundations (including piers on permanent footings), and
connected or designed to be connected to public utilities, but does not include a travel
trailer or tent trailer or trailer otherwise designed or a recreational vehicle.
2.241 MOBILE HOME PARK
Mobile Home Park, means a lot, or portion thereof, used for the placement of two or
more mobile homes on leased sites where mobile home sites are accessed by private
streets or lanes and are serviced by private water supply, sewage disposal and refuse
collection services.
2.242 MOBILE HOME SITE
Mobile Home Site, means that part of a lot which is reserved for the placement of an
individual mobile home.
2.243 MOTEL - see HOTEL/MOTEL.
2.244 MOTOR HOME - see RECREATIONAL VEHICLE.
2.245 MULTIPLE UNIT DWELLING - see DWELLING, MULTIPLE UNIT.
2.246 MUNICIPAL DRAIN
Municipal Drain, means drainage works constructed and maintained under the
provisions of The Drainage Act, R.S.O. 1990, as amended from time to time.
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2.247 MUNICIPAL SERVICES
Municipal Services, means services provided by the municipality such as curbs, gutters,
sidewalks, pavement and roadworks, sewerage and drainage systems, pumping
stations, sewage treatment plants, watermains, wells, service pipes, electrical services
or street lights, designed to service or capable of servicing a lot.
2.248 MUNICIPALITY
Municipality, means the Corporation of the Municipality of Thames Centre.
2.249 MUSEUM
Museum, means a building designed, used or intended for use as a repository for
historical artifacts, relics or documents which may be periodically placed on display for
public viewing.
2.250 MUSHROOM FARM
Mushroom Farm, means a farm upon which mushrooms or spores are grown for the
purpose of gain or profit.
2.251 MUTUAL DRIVEWAY
Mutual Driveway, means an ingress or egress that is common to two (2) or more owners
of abutting lands as a right-of-way registered against the title of the lands.
2.252 NAVIGABLE WATERWAY
Navigable Waterway, means a navigable body of water or stream as deemed under the
Beds of Navigable Waters Act, as amended from time to time.
2.253 NON-COMPLYING
Non-Complying, means a lot, building, or structure associated with a permitted use
which is existing but does not comply with one or more regulations of this By-Law on the
date of the passing of this By-Law or amendments thereto.
2.254 NON-CONFORMING
Non-Conforming, means a use, building, structure or any part thereof which was lawfully
occupied and/or existed at the date of passing of this By-Law, which does not conform
with the permitted uses of the zone in which it is now located.
2.255 NON-RESIDENTIAL
Non-Residential, when used with reference to a building, structure or use, shall mean
designed, intended, or used for purposes other than those of a dwelling.
2.256 NUISANCE
Nuisance, means any use or condition which interferes with the normal enjoyment of any
use of any neighbouring use of land, building or structure.
2.257 NURSING HOME
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Nursing Home, means a building wherein lodging, meals, personal care, nursing
services, and medical care and treatment may be provided for gain or profit or as a
charitable public service and includes a rest home or a convalescent home, as licensed
under the Nursing Homes Act, as amended from time to time, but does not include a
hotel/motel, hospice, emergency care establishment or hospital as defined herein.
2.258 NURSERY AND GARDEN STORE
Nursery and Garden Store, means the use of land, buildings or structures, or part
thereof, where trees, shrubs or plants are grown or stored for the purpose of trans-
planting, for use as stock, for building or grafting, or for the purpose of retail or
wholesale.
2.259 OCCUPANCY
Occupancy, means to reside in as owner or tenant on a permanent or temporary basis.
2.260 OFFICE
Office, means a building, or part thereof, containing one (1) or more rooms for use as
offices including all forms of offices except medical/dental and support offices.
2.261 OFFICE, BUSINESS
Office Business, means a building or part thereof in which the administrative functions of
agencies, foundations, brokers, labour or fraternal organizations are carried out and
includes a service office, but does not include medical/dental offices, professional
offices, support offices, financial or general offices, unless specified as being permitted
within this definition.
2.262 OFFICE, MEDICAL/DENTAL
Office, Medical/Dental, means an office or offices in which the practice of the professions
of medicine, psychiatry, dentistry or optometry is carried on or in which the treatment by
osteopathy or chiropractic is carried out.
2.263 OFFICE, PROFESSIONAL
Office Professional, means a building, or part thereof, in which a legal or other personal
professional service is performed or consultation given, and includes the offices of a
lawyer, a planner, an architect, a surveyor, an engineer or a chartered accountant, but
does not include a personal service establishment, a medical/dental office, a clinic, an
animal hospital, a body-rub parlour or any adult entertainment parlour as defined in the
Municipal Act, as amended.
2.264 OFFICE, SERVICE
Office, Service, means a building, or part thereof, in which one or more persons is
employed in the management, direction or conducting of a travel agency, an insurance
agency, or a real estate agency.
2.265 OFFICE SUPPLY OUTLET
Office Supply Outlet, means a retail store devoted to wholesale and retail sale of office
supplies and school supplies, such as paper products, information processing supplies,
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files and furniture, office machines, such as typewriters, computers, calculators, fax
transmitters, and components accessory thereto.
2.266 OFFICE, SUPPORT
Office Support, means a building, or part thereof, in which technical or professional
consulting services are performed to serve industrial manufacturing, assembly,
processing or repair establishments, and includes the offices of an architect, a surveyor,
an engineer, a business machine servicing establishment, an industrial training facility
for manufacturing, assembly, processing or repair skills, and supporting administrative,
accounting and legal service offices directly related to the industrial use, but does not
include a personal service establishment, a clinic, a medical/dental office, or a veterinary
clinic.
2.267 ONE HUNDRED YEAR EROSION LIMIT
One Hundred Year Erosion Limit, means a line which is located parallel to the alignment
of a ravine, river valley or stream and consists of the toe erosion allowance value plus
the stable slope allowance value plus an erosion access allowance. Additional terms
associated with the term 100 year erosion limit are defined as follows:
(1)
EROSION PROTECTION ALLOWANCE, means a setback of six (6.0) metres.
(2)
STABLE SLOPE ALLOWANCE, means a setback based on a ratio of 3 horizontal
: 1 vertical and projected from the toe erosion allowance.
(3)
TOE EROSION ALLOWANCE, means a setback based on the anticipated toe
erosion which would occur for a 100 year design period or 100 times the measured
annual recession rate.
(4)
MEASURED ANNUAL RECESSION RATE, shall be determined by dividing the total
erosion that has been recorded over a period of time by the period of time.
2.268 OPEN SPACE
Open Space, means a lot or part of a lot, exclusive of any landscaped open space,
which is left in its natural or undisturbed state and which is unoccupied by buildings or
structures.
2.269 OPEN STORAGE
Open Storage, means the storage of goods and materials, or the display and sale of
goods and materials, including vehicles for hire or sale, located outside a building as
defined herein.
2.270 OPEN STORAGE AREA
Open Storage Area, means an area of land used for open storage purposes.
2.271 OUTDOOR AMENITY AREA
Outdoor Amenity Area, means a contiguous space outside, behind, and immediately
adjacent and accessible to a dwelling or dwelling unit and situated on the same lot
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therewith, designed, used or intended to be used for the passive enjoyment and active
recreational needs of the occupants.
2.272 OUTDOOR DISPLAY AND SALES AREA
Outdoor Display and Sales Area, means an area set aside out of doors, covered or
uncovered, to be used in conjunction with an established use or business located in
adjacent permanent premises for the display or sale of fresh produce and new goods or
merchandise.
2.273 OUTDOOR EDUCATION - see WILDLIFE PRESERVE.
2.274 OUTDOOR PATIO
Outdoor Patio, means an area set aside out of doors, covered or uncovered, for the use
of patrons as a licensed restaurant in connection with, and in addition to, the operation of
an adjacent restaurant licensed by the Liquor Control Board of Ontario.
2.275 OWNER
Owner, means the person who holds legal title to a lot or part thereof.
2.276 PARK
Park, means an area of land, consisting primarily of landscaped open space, used
primarily for active or passive recreational purposes or as a conservation area, with or
without related recreation buildings, structures or facilities including, but not necessarily
restricted to, a recreational playground, a golf course, a golf driving tee or range, a ski
hill, a play area, a bandstand, a skating rink, a horticultural greenhouse, a zoological
garden, an historical establishment, a bowling green, a tennis or badminton court, a
playfield, a running track, a swimming area, a wading pool, a boating pond or lake, a
watercourse, a refreshment booth, a picnic area, or an auditorium or place of assembly.
2.277 PARK, PRIVATE
Park Private, means a park other than a public park, regardless of whether or not such
park is maintained or operated for gain or profit, but does not include an amusement
park.
2.278 PARK, PUBLIC
Park Public, means a park owned or under the jurisdiction of The Corporation of the
Municipality of Thames Centre, The County of Middlesex or any other public board,
commission or authority established under any statute of the Province of Ontario
including recreational uses and parking facilities.
2.279 PARKING AISLE
Parking Aisle, means a portion of a parking area which abuts, on one or more sides,
parking spaces to which it provides access, and which is not used for the parking of
vehicles.
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2.280 PARKING AREA OR LOT
Parking Area or Lot, means an area or areas of land or a building or structure or part
thereof which is provided and maintained for the purpose of temporary parking or storing
of automobiles accessory to a permitted use, and may include parking aisles, parking
spaces and related driveways providing access to the parking area or lot, but shall not
include any part of a street.
2.281 PARKING SPACE
Parking Space, means an area, enclosed in a main building, in an accessory building, or
unenclosed, exclusive of parking aisles or ingress and egress lanes, accessible to a
street or lane, and set aside for the purpose of parking one automobile or vehicle.
2.282 PEAT
Peat, means an organic brownish or blackish fibrous substance produced by the
decomposition of vegetation, containing a high proportion of water and found in certain
types of wetlands.
2.283 PERMITTED
Permitted, means permitted by this By-Law.
2.284 PERSON
Person, means an individual, an association, a firm, a partnership, an incorporated
company, municipal corporation, agent or trustee and their heirs, executors, or other
legal representatives of a person to whom the context of this By-Law applies according
to the law.
2.285 PERSONAL SERVICE ESTABLISHMENT
Personal Service Establishment, means a building, or part thereof, in which persons are
employed in furnishing services and otherwise administering to the individual and
personal needs of persons, comprising the premises of a barber, hairdresser, beautician,
manicurist, pedicurist, tailor, dressmaker and/or shoemaker, as well as a laundromat, dry
cleaning and laundry depot, tanning salon, pet grooming shop, a place for dog
obedience classes and a formal rentals shop. The sale of merchandise shall be
permitted only as an accessory use to the personal service provided.
2.286 PHARMACY
Pharmacy, means a retail store which dispenses prescription drugs and which sells,
among other things, non-prescription medicines, health and beauty products, and
associated sundry items.
2.287 PIT
Pit, means any pit or excavation made for the purpose of searching for, or the removal of
any soil, earth, clay, marl, sand, gravel or rock for commercial purposes but 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
construction of any public works.
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2.288 PIT, WAYSIDE OR WAYSIDE QUARRY
Pit, Wayside or Wayside Quarry, means a temporary pit or quarry opened and used by a
public road authority solely for the purpose of a particular project or contract of road
construction and not located on the road right-of-way.
2.289 PLACE OF ENTERTAINMENT OR AMUSEMENT
Place of Entertainment or Amusement, means an arena, auditorium, billiard or pool
room, public hall, bowling alley, ice or roller skating rink, curling rink, dance hall, music
hall, or theatre, or a combination of a billiard or pool room and a bowling alley.
2.290 PLACE OF WORSHIP
Place of Worship, means a building, including a synagogue, church, mosque and
rectory, owned or occupied by a religious congregation or religious organization and
dedicated exclusively to worship and related religious, social and charitable activities,
with or without a hall, auditorium, convent, monastery, office of a clergyman, cemetery,
church school, parish hall, day care or a parsonage as uses accessory thereto.
2.291 PLANTING STRIP
Planting Strip, means an area of landscaped open space located immediately adjacent
to a lot line or portion thereof, on which is situated one (1) or more of the following
screening devices:
(1) a continuous row of trees;
(2) a continuous hedgerow of evergreens or shrubs;
(3) a berm;
(4) a wall; or,
(5) an opaque fence,
arranged in such a way as to form a dense or opaque screen.
2.292 PORCH
Porch, means a roofed, open gallery, or portico attached to the exterior of a building.
2.293 PORTABLE ASPHALT PLANT - see BATCHING PLANT, PORTABLE ASPHALT.
2.294 PRIVATE GARAGE - see GARAGE, PRIVATE.
2.295 PRIVATE PARK - see PARK, PRIVATE.
2.296 PRIVATE ROAD, STREET OR LANE - see STREET, PRIVATE.
2.297 PROFESSIONAL OFFICE - see OFFICE, PROFESSIONAL.
2.298 PROCESSED GOODS INDUSTRY
Processed Goods Industry, means a building or part thereof used by textiles, leather and
rubber industries; plastics and synthetic resins industries; paper and wood products
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industries; metal products industries; oil and coal by-products industries; chemical
products industries; and non-metallic products industries. Processed goods industries
exclude pulp and paper industries and primary metal industries.
2.299 PROPANE TRANSFER FACILITY
Propane Transfer Facility, means a facility at a fixed location having not more than one
(1) storage container and such container shall not have an aggregate propane storage
capacity in excess of 50 000 litres (10,994 gallons) and from which no retail sale of
propane fuel to the public is or may be effected.
2.298.1 PROPANE TRANSFER FACILITY COMMERCIAL
Propane Transfer Facility Commercial, means a facility at a fixed location having not
more than six (6) propane storage containers and such containers shall not have an
aggregate propane storage capacity in excess of 1,368,000 litres (361,387 US gallons)
and from which no retail sale of propane fuel to the public is or may be effected.
2.300 PUBLIC AGENCY
Public Agency, means:
(1) the Government of Canada, the Government of Ontario or any municipal corporation;
(2) any ministry, department, commission, corporation, authority, board or other agency
established from time to time by the Government of Canada, the Government of
Ontario or any municipal corporation;
(3) any public utility; or
(4) any railway company authorized under The Railway Act, as amended from time to
time, or any successors thereto.
2.301 PUBLIC AUTHORITY
Public Authority, means any school board, public utility commission, transportation
commission, public library board, board of parks management, board of health, police
services board, planning board or other board or commission or committee of local
authority established or exercising any power or authority under any general or special
Statute of Ontario with respect to any of the affairs or purposes of a municipality or any
portion thereof, and includes any board, commission or committee or local authority
established by by-law of the Municipality of Thames Centre.
2.302 PUBLIC USE
Public Use, when used in reference to a building, structure, use or lot, means a building,
structure, use or lot used by a public agency to provide a service to the public. Public
agencies include: the Government of Canada, the Government of Ontario, or a municipal
corporation; any ministry, department, commission, authority, board or agency
established by the Government of Canada or the Government of Ontario; any public
utility; any railway company authorized under the Railway Act as amended from time to
time, or any successors thereto.
By-law
102-2016
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2.303 PUBLIC UTILITY
Public Utility, means any public agency, corporation, board or commission providing
electricity, gas, steam, water, telegraph, telephone, cable television, transportation,
drainage, or sewage or waste collection and disposal services to the public, or a use
pertaining to any such public agency, corporation, board, or commission.
2.304 PUBLIC WATER SUPPLY - see WATER SYSTEM, PUBLIC.
2.305 RAW MATERIAL PROCESSING INDUSTRY
Raw Material Processing Industry, means a building or part thereof used by natural
fibres, rubber and pelt processing industries; rock, stone and non-metallic processing
industries; clay and fine aggregates processing industries; ore processing industries;
chemical processing industries; and miscellaneous processing industries which have
similar impacts, such as secondary processing of scrap metal to its base form. The raw
material processing industries exclude oil, natural gas and coal processing and refining
industries.
2.306 RECREATION USE, OUTDOOR
Recreation Use, Outdoor, means any form of play, amusement or relaxation, such as
games or sports, carried on completely in the open air and not requiring any buildings for
the recreational use itself although accessory buildings for related facilities may be
required such as for administrative or office purposes, storage, and accessory food
facilities; but does not include combat games as defined in this By-Law.
2.307 RECREATIONAL TRAILER PARK
Recreational Trailer Park, means a parcel of land containing two or more recreational
trailer sites which is used for temporary or seasonal occupancy by recreational trailers,
recreational vehicles and tents and which is under single management and ownership
and includes all accessory buildings and accessory structures incidental to the operation
thereof.
2.308 RECREATIONAL TRAILER
Recreational Trailer, means any vehicle so constructed that it is suitable for being
attached to an automobile for the purpose of being drawn or propelled by the automobile
and capable of being used for temporary living, sleeping or eating accommodation of
persons, notwithstanding that such vehicle is jacked up or that its running gear has been
removed and shall include a recreational vehicle as defined herein.
2.309 RECREATIONAL VEHICLE
Recreational Vehicle, means a vehicle which provides sleeping and other facilities for
short periods of time, while traveling or vacationing, designed to be towed behind a
motor vehicle, or self-propelled, and includes such vehicles commonly known as travel
trailers, camper trailers, pick-up coaches, motorized campers, motorized homes or other
similar vehicles.
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2.310 REDEVELOPMENT
Redevelopment, means the removal of buildings or structures from land and the
construction or erection of other buildings or structures thereupon.
2.311 REGULATORY FLOOD - see FLOOD, REGULATORY.
2.312 RENOVATION
Renovation, means construction to which less than ninety percent (90%) of an entire
floor area of an existing building is subjected and which does not adversely affect the life
safety systems in the building.
2.313 REPAIR AND RENTAL ESTABLISHMENT
Repair and Rental Establishment, means a business engaged in maintaining, repairing,
installing and renting articles and equipment for household and personal use, such as:
radios and televisions; refrigeration and air conditioning; appliances; watches, clocks
and jewellery; and re-upholstery and furniture repair. This does not include any other
use specifically referred to or defined in this By-Law.
2.314 RESERVE
Reserve, means a narrow strip of land of between 0.3 metre and 0.50 metre in width,
reserved for the purpose of restricting access.
2.315 RESIDENTIAL USE
Residential Use, means the use of a building or structure as a dwelling.
2.316 RESTAURANT
Restaurant, means a building or part thereof where food and beverage is prepared and
offered for retail sale to the public for immediate consumption on the premises, including
a licensed dining room.
2.317 RESTAURANT, COFFEE SHOP
Restaurant, Coffee Shop, means a portion of a building in which coffee and other non-
alcoholic beverages, baked goods, soups, sandwiches and snack foods are offered for
sale for consumption on the premises and which is not licensed under the Liquor
License Act and does not have kitchen facilities for the preparation of meals.
2.318 RESTAURANT, DRIVE-THROUGH
Restaurant, Drive-Through, means a place in which food is prepared and sold to the
general public and consumed on the premises inside or outside of an automobile and
includes an exterior method of ordering and picking-up food from a vehicle.
2.319 RESTAURANT, FAST FOOD
Restaurant, Fast Food, means an establishment primarily engaged in preparing
specialty foods in bulk and in providing customers with a take-out and/or delivery service
which may or may not be consumed on or off the premises.
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2.320 RETAIL STORE
Retail Store, means a building or part of a building where goods, wares, merchandise,
articles or things are offered or kept for retail sale at retail and includes storage on or
about the store premises of limited quantities of such goods, wares, merchandise,
articles or things sufficient only to service such store but does not include any wholesale
business or business supply use, or any establishment otherwise defined or classified.
2.321 RETIREMENT LODGE or RETIREMENT HOME
Retirement Lodge or Retirement Home, means a residence providing accommodation
primarily for persons or couples over 60 years of age where each private bedroom or
living unit has a separate private bathroom and separate entrance from a common hall
but where common facilities for the preparation and consumption of food are provided,
and common lounges, recreation rooms and medical care facilities may also be
provided.
2.322 RIDING SCHOOL - see SCHOOL, RIDING.
2.323 RIGHT-OF-WAY or EASEMENT
Right-of-Way or Easement, means any right, liberty or privilege in, over, along or under
land, which the owner of one (1) lot may have with respect to any other lot or which the
Municipality, any other governmental authority or agency, private company or individual
may have with respect to any land in the Municipality.
2.324 ROAD - see STREET, IMPROVED.
2.325 SALVAGE YARD
Salvage Yard, means the use of land, buildings, or structures where merchandise,
articles and goods or things are stored wholly or partly in the open, kept for sale and/or
processed for further use and, without limiting the generality of the foregoing, may
include a junk yard, a scrap metal yard, and an automobile wrecking yard.
2.326 SANITARY SEWER
Sanitary Sewer, means an adequate system of underground conduits, operated either
by a municipal corporation or by the Ministry of the Environment, which carries sewage
to an adequate place of treatment which meets with the approval of the Ministry of the
Environment.
2.327 SATELLITE DISH
Satellite Dish, mean a parabolic, elliptical or spherical antenna used for the purposes of
receiving television or microwave transmissions, digital or other signals from orbiting
satellites or other similar devices.
2.328 SAWMILL
Sawmill, means the use of land, buildings, or structures designed, used, or intended for
the sawing, planing, sanding, and finishing of wood and wood products.
2.329 SCHOOL
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School, means a building designed, used, or intended for use as an educational or
training establishment, which may or may not be under the jurisdiction of a board as
defined in the Education Act, as amended or revised from time to time, and may include
the following:
(1)
COMMERCIAL SCHOOL, means a school operated by one or more persons for
gain or profit.
(2)
ELEMENTARY SCHOOL, PRIVATE, means a school, other than a public school,
or a vocational school or a commercial school, under the jurisdiction of a private
board of trustees or governors, a religious organization or a charitable institution that
is recognized under the Education Act, as amended from time to time, and offers the
subjects of the Elementary School course of study and may or may not offer an
extended curriculum.
(3)
ELEMENTARY SCHOOL, PUBLIC, means a school under the jurisdiction of the
Thames Valley District School Board, used primarily for the instruction of students
receiving primary education.
(4)
POST-SECONDARY SCHOOL, means a school under the jurisdiction of a Board
as defined in the Ministry of Colleges and Universities Act.
(5)
SECONDARY SCHOOL, PRIVATE, means a school, other than a public school, or
a vocational school or a commercial school, under the jurisdiction of a private board
of trustees or governors, a religious organization or a charitable institution that is
recognized under the Education Act, as amended from time to time, and offers the
subjects of the Secondary School course of study and may or may not offer an
extended curriculum.
(6)
SECONDARY SCHOOL, PUBLIC, means a school under the jurisdiction of the
Thames Valley District School Board, used primarily for the instruction of students
receiving a secondary education.
2.330 SCHOOL, MUSIC
School, Music, means a school devoted to the teaching of either instrumental or vocal
music.
2.331 SCHOOL, RIDING
School Riding, means the use of land, buildings, or structures for the purpose of riding,
training, showing, and boarding of horses and where persons are given instructions in
the riding of horses and other aspects of horsemanship.
2.332 SEASONAL
Seasonal, means nine (9) months out of any twelve (12) month period.
2.333 SEASONAL FARM DWELLING - see DWELLING, SEASONAL FARM.
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2.334 SECTION 59 NOTICE
Section 59 Notice, refers to the requirements under Section 59 of the Clean Water Act,
which requires issuance of a notice from the Municipality's Risk Management Official
before permitting an activity that is considered a restricted land use as identified in the
Thames Sydenham & Region or Kettle Creek Source Protection Plan, whichever is
applicable.
2.335 SEMI-DETACHED DWELLING - see DWELLING, SEMI-DETACHED.
2.336 SEPTIC SYSTEM
Septic System, shall mean a private sewage disposal system that stores and/or treats
liquid or waterborne waste of industrial, commercial or domestic origin onsite and shall
include but not be limited to grey water systems, cesspools, leaching bed systems and
associated treatment units and holding tanks and shall not include sewage treatment
plants.
2.337 SERVICE AND REPAIR ESTABLISHMENT
Service and Repair Establishment, means a premises engaged in maintaining, repairing
and installing machinery and equipment for household and personal use, such as air
conditioners, appliances, watches, clocks, jewellery, re-upholstery and furniture repair.
2.338 SERVICE SHOP
Service Shop, means an establishment, other than an automotive use, that provides a
non-personal service or craft to the public, including, but not necessarily restricted to, a
printer's shop, a plumber's shop, a tinsmith's shop, a painter's shop, a carpenter's shop,
an electrician's shop, a welding shop, a blacksmith's shop, a merchandise service shop,
a battery storage and recharging shop, a well-driller's establishment, a furrier's shop, an
upholsterer's shop, a bakery, a dairy, a catering establishment, an egg grading station, a
machine shop, or a monument engraving shop.
2.339 SETBACK
Setback, means the shortest horizontal distance between a point, line or structure
specified by a provision or regulation of this By-Law and the nearest part or any
specified part of any building, structure, excavation or open storage on a lot.
2.340 SHOPPING CENTRE
Shopping Centre, means one or more buildings, or part thereof containing a group of
separate permitted commercial uses having a total floor area in excess of 550 square
metres, which is maintained as a single comprehensive unit and located on a single lot,
such lot being held and maintained under one ownership or under condominium
ownership pursuant to the Condominium Act, as amended from time to time, or any
successors thereto.
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2.341 SIGHT VISIBILITY TRIANGLE
Sight Visibility Triangle, means the triangular space formed by the intersecting lot lines,
at least one of which is also a street line, of a lot located at an intersection of two or
more streets or at an intersection at grade of a street and a railway right-of-way, and a
line drawn from a point in one such lot line to a point in the other lot line, each such point
being a specified distance from the point of intersection of such lot lines measured along
the said lot lines, provided that where the said lot lines do not intersect at a point, the
point of intersection thereof shall be deemed to be the intersection of the projected
tangents thereto, drawn through the extremities of the interior lot lines.
2.342 SIGN
Sign, means any device, object, or thing which creates a design or conveys a message,
and which is erected, located or fixed on any real property for the purposes of
advertising goods or services offered; identifying a business or enterprise; or for
conveying any other type of message.
2.343 SIGNIFICANT DRINKING WATER THREAT
Significant Drinking Water Threat, means a drinking water threat that, according to a risk
assessment, poses or has the potential to pose a significant risk.
2.344 SINGLE DETACHED DWELLING - see DWELLING, SINGLE DETACHED.
2.345 SINGLE UNIT DWELLING - see DWELLING, SINGLE UNIT.
2.346 SITE PLAN AGREEMENT or DEVELOPMENT AGREEMENT
Site Plan Agreement or Development Agreement, means any agreement entered into by
an owner of land and the Corporation pursuant to a Site Plan Control By-Law.
2.347 SITE PLAN CONTROL AREA
Site Plan Control Area, means an area of land designated by a Site Plan Control By-Law
as a site plan control area pursuant to Section 41 of the Planning Act, as amended from
time to time, or any successors thereto.
2.348 SITE PLAN CONTROL BY-LAW
Site Plan Control By-Law, means any By-Law of the Corporation passed pursuant to
Section 41 of the Planning Act, as amended from time to time, or any successors
thereto.
2.349 SNACK FOOD
Snack Food, means prepackaged food such as potato chips, candy bars and soft drinks,
but does not include food preparation.
2.350 STOCKPILING
Stockpiling, means the use of land for the storage of processed aggregates or other raw
materials for future sale.
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2.351 STOOP
Stoop, means a roofless, unenclosed structure, with or without steps, consisting of a
platform and connecting to an exterior door on the ground floor of a dwelling, regardless
of whether or not a cellar or part thereof is located underneath such structure.
2.352 STORAGE COMPOUND, - see SALVAGE YARD.
2.353 STOREY
Storey, means that portion of a building which is situated between the surface of any
floor and the surface of the floor next above it and, if there is no floor above it, that
portion between the surface of any floor and the ceiling above it, and which is more than
fifty percent (50%) above the average finished grade and which has a height of more
than 2.1 metres, and shall include an attic having more than 2.1 metres clear headroom
for at least fifty percent (50%) of the attic floor area.
2.354 STREET, IMPROVED
Street, Improved, means a highway as defined under the Municipal Act, and which has
been constructed in such a manner so as to permit its use by the general public for the
passage of normal vehicular traffic on a year round basis.
2.355 STREET, PRIVATE
Street Private, means a highway other than a STREET, IMPROVED as defined herein,
which has not been dedicated as a street or accepted or assumed by the Municipality,
but is owned privately and which affords the principal means or access to abutting,
separately owned, legally conveyable parcels of land.
2.356 STREET LINE
Street Line, means the limit of the street allowance and is the dividing line between a lot
and a street.
2.357 STRUCTURE
Structure, means anything constructed or erected, the use of which requires location on
or in the ground, or attached to something located on or in the ground, but does not
include the permanent way of a railway, any paved surface located directly on the
ground, a fence, sign, basketball net, or light fixtures.
2.358 STUDIO
Studio, means a building or part thereof, used as the workplace of a photographer,
craftsman or artist, or for the instruction of art, music, dancing, languages or similar
disciplines. The sale of any artifacts produced therein shall be permitted only as an
accessory use.
2.359 SUPPORTIVE COMMUNITY HOME
Supportive Community Home, means a residential building with central kitchen,
administrative, and possibly medical facilities and a number of housekeeping units or
rooms where not more than twenty (20) persons reside and receive care consistent with
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their needs, either by on-site staff or through the visitation of various health care
professionals.
2.360 SWIMMING POOL, PRIVATE OUTDOOR
Swimming Pool, Private Outdoor, means a privately owned pool whether or not in the
ground, capable of being used for swimming, wading, diving, or bathing and which when
filled is capable of containing a depth of 60 cm (24 in) or more of water. For the purpose
of regulations pertaining to lot coverage in this By-Law a "Private Outdoor Swimming
Pool" is deemed not to be a building or structure.
2.361 TAVERN
Tavern, means an establishment operating under the Liquor License Act, as amended
from time to time, where alcoholic beverages are sold to be consumed on the premises.
2.362 TAXI ESTABLISHMENT
Taxi Establishment, means a property, site or building used as a dispatch office or an
area, site or location intended for the parking of taxis and/or limousines when not
engaged in transporting persons or goods.
2.363 TEMPORARY USE
Temporary Use, means a use that is authorized under the provisions of Section 39 of the
Planning Act.
2.364 THEATRE
Theatre, means a building, or part thereof, used for the presentation of the performing
arts.
2.365 TILLABLE HECTARES
Tillable Hectares, means the total area of land (in hectares) including pasture that can
be worked or cultivated.
2.366 TOP OF BANK
Top of Bank, means, when used with reference to a watercourse, the highest elevation
of land which ordinarily confines the waters of such watercourse when they rise out of
the stream bed and/or the highest point of a stable slope associated with valley corridors
containing a river or stream channel.
2.367 TOWNHOUSE - see DWELLING, TOWNHOUSE.
2.368 TOWNHOUSE, STACKED - see DWELLING, TOWNHOUSE STACKED.
2.369 TOWNHOUSE, STREET - see DWELLING, TOWNHOUSE STREET.
2.370 TRADESMAN'S SHOP
Tradesman's Shop, means an establishment where an individual who performs
electrical, plumbing, carpentry, landscape, or other similar trade work, primarily off site,
may store materials and may have an office.
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2.366.1 TRAILER
Trailer, means any vehicle so constructed that it is suitable for being attached to a
motor vehicle for the purpose of being drawn or propelled by a motor vehicle.
2.371 TRAILER PARK - see RECREATIONAL TRAILER PARK and CAMPGROUND.
2.372 TRUCK TERMINAL
Truck Terminal, means the use of land, buildings, or structures where trucks and/or
transports are stored, rented, leased, kept for hire, or parked for remuneration or from
which trucks and/or transports are dispatched as common carriers, or where goods are
stored temporarily for further shipment.
2.373 USE
Use, means, when used as a noun, the purpose for which any land, building or structure
is designed, used, or intended to be used, or for which it is occupied, used or
maintained. When used as a verb, or as in the expression "to use" shall mean anything
done or permitted to be done by the owner or occupant of any land, building or structure,
directly or indirectly, or by or through any trustee, tenant, servant, or agent, acting for or
with the knowledge or consent of such owner or occupant, for the purpose of making use
of the said land, building, or structure.
2.374 UTILITY STATION
Utility Station, means the use of land, buildings, or structures in connection with the
supply and distribution of utilities and, without limiting the generality of the foregoing,
may include a water or sewage pumping station, a water storage reservoir, an electric
power transformer station, a telephone repeater station, and a micro wave tower, but
excludes a waste disposal site or a transmission utility corridor.
2.375 VEHICLE
Vehicle, means an automobile or other motor vehicle, a boat, a farm implement, a
mobile home, a motor home, a snowmobile, a trailer, or any other device which is
capable of being drawn, propelled or driven by any kind of power, and includes a
commercial vehicle as defined herein, but does not include a bicycle or any other device,
other than a boat, powered solely by means of human effort.
2.376 VEHICLE, COMMERCIAL
Vehicle, Commercial, means vehicles having permanently attached thereto a truck or
delivery body, and includes ambulances, hearses, casket wagons, fire trucks, buses and
tractors used for hauling purposes on streets or roads.
2.377 VEHICLE REPAIR GARAGE
Vehicle Repair Garage, means an establishment for the repair or replacement of parts in
a vehicle and, without limiting the generality of the foregoing, includes the repair,
replacement or reconditioning of mufflers, exhaust systems, shock absorbers, transmis-
sions, gears, brakes, clutch assemblies, steering assemblies, radiators, heating or
cooling systems, ignition systems, electrical systems, tires, wheels, windshields,
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windows and other mechanical or electrical parts or systems, the installation of
undercoating, engine tuning, lubrication and engine conversion or replacement, but does
not include a body shop, an impounding yard, an automobile service station or a gas
bar. For the purpose of this definition, vehicle does not include motorized construction
equipment, farm equipment, tractor trailers, or truck tractors.
2.378 VEHICLE SERVICE SHOP
Vehicle Service Shop, means an establishment or part thereof which contains facilities
for the repair and maintenance of vehicles on the premises and in which vehicle
accessories are sold and vehicle maintenance and repair operations, including the
repairing or painting of vehicle bodies and the servicing of farm implements and related
equipment, construction equipment, tractor trailers and truck tractors, are performed in
return for remuneration, but does not include a body shop wherein the repairing or
painting of vehicle bodies constitutes the primary activity, or any establishment engaged
in the retail sale of vehicle fuels.
2.379 VEHICLE SALES OR RENTAL ESTABLISHMENT
Vehicle Sales or Rental Establishment, means an establishment engaged primarily in
the sale, rental or leasing of vehicles and vehicle accessories, with or without an
accessory vehicle repair garage or an accessory gasoline retail outlet, and includes an
establishment engaged in the sale of farm implements and related equipment, boats and
recreational vehicles.
2.380 VETERINARY CLINIC
Veterinary Clinic, mean a building, or portion thereof, designed, used or intended for use
by a veterinarian who is a member of the Ontario Veterinarian Association and his or her
assistants for the purpose of providing for the care and treatment of animals raised or
housed for recreational, hobby, or agricultural purposes, and without limiting the
generality of the foregoing may include dogs, cats, birds and livestock.
2.381 VETERINARY CLINIC, SMALL ANIMAL
Veterinary Clinic, Small Animal, means a building or structure used for a veterinary
practice where small domestic animals or birds are kept for treatment only but shall not
include outdoor kennels.
2.382 VIDEO RENTAL ESTABLISHMENT
Video Rental Establishment, means a building or part of a building used for the rental of
video tapes and equipment. Accessory uses may include the sale of video tapes and
equipment or convenience foods, restricted to an area not to exceed ten (10.0) square
meters.
2.383 WAREHOUSE
Warehouse, means a building designed, used, or intended for the storage of goods,
wares, merchandise, articles or things.
2.384 WAREHOUSE, PUBLIC SELF-STORAGE
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Warehouse, Public Self-Storage, means a building or part thereof where individual
storage areas are made available to the public for the storage or keeping of goods.
2.385 WASTE DISPOSAL SITE, HIGH WASTE DIVERSION
Waste Disposal Site, High Waste Diversion, means any building, structure or lot used for
the collection, storage, separation, and processing of non-hazardous wastes through
recycling, composting, recovery, incineration, and/or landfilling and which has a
Provisional Certificate of Approval for such purposes under the Environmental Protection
Act.
2.386 WASTE DISPOSAL SITE, LANDFILL
Waste Disposal Site, Landfill, means a waste management facility, which has a
Provisional Certificate of Approval for such purposes under the Environmental Protection
Act, where non-hazardous waste material is placed in trenches and/or on land and is
covered with earth.
2.387 WASTE TRANSFER STATION
Waste Transfer Station, means a site and facilities used in the management and
processing of liquid and hazardous wastes, wastes and recyclable materials which has a
Provisional Certificate of Approval for such purposes under the Environmental Protection
Act.
2.388 WASTE TREATMENT
Waste Treatment, means a building or part thereof, used by waste processing plants,
water pollution control plants, sanitary landfill sites, and hazardous substance treatment
plants.
2.389 WATERCOURSE
Watercourse, means a natural channel for a stream of water, but does not include a
drain as defined under the Drainage Act, as amended or revised from time to time.
2.390 WATER SYSTEM, PUBLIC
Water System, Public, means a water distribution system consisting of piping, pumping
and purification appurtenances and related storage, owned and operated by the
Corporation, another municipality or the Ministry of the Environment.
2.391 WAYSIDE PIT OR QUARRY - see PIT, WAYSIDE OR WAYSIDE QUARRY.
2.392 WETLAND
Wetland, means lands that are seasonally or permanently covered by shallow water, as
well as lands where the water table is close to or at the surface. In either case, the
presence or absence of abundant water has caused the formation of hydric soils and
has favoured the dominance of either hydrophytic plants or water tolerant plants. The
four major types of wetlands are swamps, bogs, fens and marshes. Periodically soaked
or wet lands being used for agricultural purposes which no longer exhibit wetland
characteristics are not considered to be wetlands for the purposes of this definition.
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2.393 WILDLIFE PRESERVE
Wildlife Preserve, means lands where plants, animals and other organisms, excluding
fish, survive in self-sustained populations, and from which they derive services such as
cover, protection or food.
2.394 WIND ENERGY GENERATION SYSTEM (WEGS)
Wind Energy Generation System (WEGS), means any turbine capable of harnessing the
kinetic energy of the wind and converting it into electrical energy by coupling
mechanically rotating blades to a generator.
(1)
COMMERCIAL WIND ENERGY GENERATION SYSTEM (CWEGS), means a
single wind energy generation system intended to be connected to the provincial
electrical transmission grid for the commercial sale of electricity.
(2)
SMALL WIND ENERGY GENERATION SYSTEM (WEGS), means a single wind
energy generation system that is accessory to a permitted use of a lot and primarily
produces electricity only for on-site domestic consumption.
(3)
WIND FARM, means one or more lots used to accommodate commercial wind
energy conversion systems intended to be connected to the provincial electrical
transmission grid for the commercial sale of electricity.
2.395 WINERY, FARM FRUIT
Winery, Farm Fruit, means the use of land, buildings or structures for the processing of
fruit, fermentation, production, aging and storage of wine and wine related products as a
secondary use to a vineyard, where the fruit used in the production of the wine shall be
predominantly from the vineyard located on the same land as the farm winery. A farm
winery may also include a retail outlet, hospitality room, winery office and a laboratory.
Buildings and structures utilized as part of a Farm Winery shall not be defined as farm
buildings and structures for the purposes of site plan control.
2.396 WORKS OF A CONSERVATION AUTHORITY
Works of a Conservation Authority, means projects undertaken by a Conservation
Authority to protect or enhance areas under their control.
2.397 YARD
Yard, means a space, appurtenant to a building or structure, located on the same lot as
such building or structure, and which space is open, uncovered and unoccupied from the
ground to the sky subject to the specific exceptions contained in this By-Law.
(1)
FRONT YARD, means a yard extending across the full width of a lot between the
front lot line of such lot and the nearest part of any building, structure or excavation
on such lot.
(2)
FRONT YARD DEPTH, means the shortest horizontal dimension of a front yard
between the front lot line of a lot and the nearest part of any building, structure open
storage or excavation on such lot.
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(3)
REAR YARD, means a yard extending across the full width of a lot between the rear
lot line of such lot, or, where there is no rear lot line, the junction point of the side lot
lines, and the nearest part of any building, structure or excavation on such lot.
(4)
REAR YARD DEPTH, means the shortest horizontal dimension of a rear yard
between the rear lot line of a lot or, where there is no rear lot line, the junction point
of the side lot lines, and the nearest part of any building, structure or excavation on
such lot.
(5)
SIDE YARD, means a yard extending from the front yard to the rear yard of a lot and
from the side lot line of such lot to the nearest part of any building, structure or
excavation on such lot.
(6)
SIDE YARD WIDTH, means the shortest horizontal dimension of a side yard
between the side lot line of a lot and the nearest part of any building, structure or
excavation on such lot.
(7)
EXTERIOR SIDE YARD, means a side yard immediately adjoining a street or
abutting a one-foot reserve on the opposite side of which is located a street.
(8)
INTERIOR SIDE YARD, means a side yard other than an exterior side yard.
(9)
REQUIRED YARD, means that part of a yard which:
(a)
is located adjacent to a lot line;
(b)
has the minimum front yard depth, rear yard depth or side yard width required
hereby or is situated closer to the centerline than the setback required therefrom;
and
(c)
does not contain or include any buildings, structures, open storage or
excavations except where this By-Law specifically provides otherwise.
2.398 ZONE
Zone, means a designated area of land use shown on Schedule "A" hereto.
2.399 ZONE, PRIVACY YARD
Zone, Privacy Yard, means an area within the minimum yard depth in which communal
activities are discouraged or prevented by means of surface finishing, landscaping or
physical barriers.
2.400 ZONED AREA
Zoned Area, means all those lands lying within the corporate limits of the Municipality of
Thames Centre.
2.401 ZONING ADMINISTRATOR
Zoning Administrator, means the officer or employee of the Corporation charged with the
duty of administering the provisions of this By-Law and supervising any By-Law
enforcement.
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SECTION 3.
ZONES AND ZONE SYMBOLS
3.1
DIVISION INTO ZONES
For the purposes of this By-Law, all lands within the zoned area are divided into zones as
shown on Schedule "A" to this By-Law, and classified in accordance with Subsection 3.2
of this Section.
3.2
ZONE CLASSIFICATION
3.2.1 AGRICULTURAL ZONES
The following zone designations and symbols represent Agricultural Zones:
(1) Agricultural Zone
A
(2) Agricultural Restrictive Zone
AR
(3) Agricultural Commercial Zone
AGC
3.2.2 RESIDENTIAL ZONES
The following zone designations and symbols represent Residential Zones:
(1) Hamlet Residential Zone
HR
(2) Residential First Density Zone
R1
(3) Residential Second Density Zone
R2
(4) Residential Third Density Zone
R3
(5) Rural Residential Zone
RR
(6) Mobile Home Park Zone
MHP
3.2.3 COMMERCIAL ZONES
The following zone designations and symbols represent Commercial Zones:
(1) General Commercial Zone
GC1 and GC2
(2) Highway Commercial Zone
HC
(3) Neighbourhood Commercial Zone
NC
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(4) Office Residential Zone
OR
(5) Commercial Recreation Zone
CR
3.2.4 INDUSTRIAL ZONES
The following zone designations and symbols represent Industrial Zones:
(1) General Industrial Zone
M1
(2) Rural Industrial Zone
M2
(3) Extractive Industrial Zone
M3
(4) Residential Industrial Zone
RM
3.2.5 INSTITUTIONAL ZONES
The following zone designations and symbols represent Institutional Zones:
(1) Institutional Zone
I
3.2.6 OPEN SPACE ZONES
The following zone designations and symbols represent Open Space Zones:
(1) Open Space Zone
OS
3.2.7 ENVIRONMENTAL PROTECTION ZONES
The following zone designations and symbols represent Environmental Protection
Zones:
(1) Environmental Protection Zone
EP
(2) Wetland Zone
W
3.2.8 FUTURE DEVELOPMENT ZONES
The following zone designations and symbols represent Future Development
Zones:
(1) Future Development Zone
FD
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3.3
ZONE SYMBOLS AND DESIGNATIONS - USE AND INTERPRETATION
The zone designations and symbols listed in Subsection 3.2 of this Section may be used
to refer to buildings and structures and to the uses of lots, buildings and structures
permitted by this By-Law in the said zones. Where the word "Zone" is used in this By-Law
preceded by any of the zone symbols listed in Subsection 3.2 of this Section, such zones
shall mean any area within the Municipality delineated on Schedule "A" and designated
thereon by the said symbol.
3.4
ZONE PROVISIONS
3.4.1 PERMITTED USES AND REGULATIONS
For each zone listed in Subsection 3.2 of this Section, a separate Subsection of
this By-Law sets out the uses permitted in, and the specific provisions relating to,
such zone under the headings "PERMITTED USES" and "REGULATIONS",
respectively.
3.4.2 SCOPE OF ZONE REQUIREMENTS
Except as otherwise specifically provided herein, the specific zone requirements
set out herein for each zone shall apply to such zone in addition to the general
provisions set out in Section 4 hereof.
3.4.3 ZONE MEASUREMENTS ABBREVIATIONS
(1) ha - hectare; hectares
(2) m - metre; metres
(3) m² - square metres.
3.5
SPECIAL PROVISION ZONES
Wherever a zone symbol on Schedule "A" hereto is followed by a dash and a number,
such as "A-1", the lands so designated shall be subject to, and used in accordance with
all the provisions of this By-Law applicable to the zone represented by such symbol except
as otherwise specifically provided by the special provisions of the special zone set out in
the applicable Special Provisions Section of the zone.
3.6
HOLDING "h" ZONES
3.6.1 USE OF SYMBOL
Where a zone symbol listed in Subsection 3.2 is used in conjunction with the
holding symbol "h" as shown on the zone maps, no buildings or structures shall be
erected or altered, save and except existing buildings and structures and
accessory buildings and structures permitted in the said zone and in accordance
with the standards of the said zone, until the "h" symbol is removed in accordance
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with Section 36 of the Planning Act, as amended from time to time. The relevant
Holding Zone Provisions are denoted by the number (if any) immediately following
the symbol "h" on the zoning map.
3.6.2 HOLDING ZONE PROVISIONS
(1) h
Purpose: To ensure the orderly development of lands and the
adequate provision of municipal services, the "h" symbol shall not be
removed until a Subdivision Agreement or Development Agreement
is entered into for the subject lands in question with the Municipality
of Thames Centre.
Permitted Interim Uses: Existing Uses.
(2) h-1
Purpose: To ensure that mitigating measures are undertaken in
areas located adjacent to transportation and utility corridors, an
Agreement shall be entered into with the Municipality of Thames
Centre, covering requirements for incorporating appropriate
attenuation measures into the design of the development, prior to the
removal of the "h" symbol.
Permitted Interim Uses: Existing Uses; any non-residential uses
permitted by the applicable zones.
(3) h-2
Purpose: To ensure that development will not have a negative
impact on an environmentally sensitive area, or natural feature, an
Agreement shall be entered into specifying any necessary
preventative measures, based on study(ies) to the satisfaction of the
Municipality of Thames Centre, in consultation with the appropriate
Conservation Authority, conducted by qualified professional(s)
demonstrating that development in the form proposed will not
adversely affect the area or feature, prior to the removal of the "h"
symbol.
Permitted Interim Uses: Existing Uses.
(4) h-3
Purpose: To ensure that development takes a form compatible with
adjacent land uses, Agreements shall be entered into with the
Municipality of Thames Centre following a public site plan review
process specifying the issues allowed for under Section 41 of the
Planning Act, as amended from time to time, prior to the removal of
the "h" symbol.
Permitted Interim Uses: Existing Uses.
(5) h-4
Purpose: To ensure that buildings and structures that have been
identified by the Municipality as being historically significant and that
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are being actively pursued for a designation under the Ontario
Heritage Act, as amended from time to time, are not negatively
impacted by development or redevelopment of the site or buildings,
and to ensure that the development or redevelopment is in a form
compatible with the heritage buildings, the following conditions must
be satisfied prior to the removal of the holding provisions:
(a) The site and/or building and/or portions thereof must be
designated under the Ontario Heritage Act, as amended from
time to time, by the Municipality of Thames Centre;
(b) The site, buildings or portions thereof must be subject to an
easement or easements to provide for municipal services,
heritage preservation and conservation in favour of the
Municipality and to the satisfaction of the Municipality of Thames
Centre;
(c) The affected lands will be subject to Site Plan Control under
Section 41 of the Planning Act, and a Development Agreement
must be entered into by the owner of the subject lands and the
Municipality of Thames Centre.
Permitted Interim Uses: Existing Uses, buildings and structures as
they legally existed at the date of adoption of this By-Law.
(6) h-5
Purpose: To ensure the orderly development of land and the
adequate provision of services, the "h-5" symbol will not be removed
until adequate agreements with the Municipality have been reached
regarding
hydrogeological
studies,
stormwater
management,
servicing and site plan control.
Permitted Interim Uses: Existing Uses, buildings and structures as
they legally existed at the date of adoption of this By-Law.
3.7
MULTIPLE USES, MULTIPLE ZONES AND COMPOUND ZONES
3.7.1 MULTIPLE USES
(1) Where a lot contains more than one (1) permitted use other than an accessory
use, each such use shall conform to the provisions of the zone in which the
said lot is located as if such use exists independently of any other use.
(2) Where standards or provisions pertaining to two (2) or more uses on one lot
are in conflict, the highest or most restrictive standards and/or provisions shall
apply.
3.7.2 MULTIPLE ZONES
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(1) Where a lot is divided into two or more zones, each such portion of the said
lot shall be considered a separate lot as defined herein and shall be used in
accordance with the provisions of this By-Law which are applicable to the
zone wherein such portion of the said lot is located.
(2) Notwithstanding anything to the contrary in Clause (1) of this Subsection,
where a use or uses are permitted by the zones applying to two or more
portions of the lot, those portions shall be considered to constitute a single lot
as defined herein and the highest or most restrictive zone requirements
pertaining to such use or uses in all the pertinent zones shall apply throughout.
Where the lot includes an Environmental Protection Zone, the property may
be treated as one lot for the purpose of lot area, coverage, and/or lot frontage
so long as the applicable zone regulations can be met.
3.7.3 COMPOUND ZONES
Notwithstanding any other provision of this By-Law, where two or more zoning
symbols divided by a "/" are shown on the zoning maps as applying to a lot or as
compounded by a Special Provision, that lot may be used exclusively for any use
permitted in any one of the zones included in the compound zone symbol, or for
any combination of uses permitted in any of the zones included in the compound
zone symbol, subject to the following regulations:
(1) The site development specifications prescribed in this By-Law for the selected
zone in the compound zone symbol in which the use is permitted shall be
observed in the development of the lands. In the case of a conflict when
selecting a combination of uses from two or more zones, the more restrictive
zone regulation applies.
(2) The parking and loading required by this By-Law for each of the uses included
in the development of the lands, whether for a single use or a combination of
uses, shall be provided.
3.8
TEMPORARY USE ZONES
Where the zone symbol on Schedule "A" is preceded by a "T" and followed by a date, such
as T-A-3-8-22-2003, the "T" stands for a Temporary Zone as permitted under Section 38
of the Planning Act, as amended from time to time. When the time period specified within
the zone has passed and if an extension has not been granted by Council, the property
reverts to the base zone. In the example given, the "A-3" stands for the use permitted (a
mobile home, for example), and the 8-22-2003 stands for when the zone will cease to be
in effect, with the order of the numbers being the month, the day, and the year. Once the
temporary time period has lapsed, the base zone would then apply. In the example given
the base zone would be the Agricultural (A) Zone.
3.9
BONUS PROVISION
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Notwithstanding the density and height provisions which apply to a lot, the maximum
permitted density and/or height may be increased in accordance with Section 37 of the
Planning Act, as amended from time to time, in return for the provisions of certain facilities,
services or other matters.
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SECTION 4.
GENERAL PROVISIONS
4.1
ACCESSORY USES
4.1.1 ACCESSORY USES PERMITTED IN ALL ZONES
Where this By-Law permits a lot to be used or a building or structure to be erected
or used for a purpose, that purpose shall include any building, structure or use
accessory thereto, except that no home occupation, open storage or accessory
dwelling unit shall be permitted in any zone other than a zone in which such a use
is specifically listed as a permitted use.
4.1.2 LOT COVERAGE
In a Residential Zone, the total floor area of all accessory buildings or structures
on a lot shall not exceed a maximum of 90 square metres or 75% of the floor area
of the dwelling, whichever is lesser. The total area of an accessory building may
not exceed the gross floor area of the main building except in the Agricultural or
Industrial zones. The area of an open swimming pool and/or a deck shall not be
included in calculating lot coverage.
4.1.3 HEIGHT RESTRICTIONS
No accessory building or structure in any zone other than an Industrial or
Agricultural Zone shall exceed 5.0 metres in height measured to the peak of the
roof for any accessory building or structure.
4.1.4 YARD REQUIREMENTS
Any accessory building or structure shall comply with the zone requirements and
all other provisions hereof applicable to the zone in which such accessory building
or structure is located, except that nothing in this By-Law shall apply to prevent the
erection of:
(1) a building or structure accessory to a single dwelling, anywhere in an interior
side yard, exterior side yard or rear yard, provided that such accessory
building or structure shall not be located closer than 4.5 metres to any exterior
lot line or 1.0 metre to any other lot line;
(2) a mutual detached garage with a party wall astride a side lot line in a
Residential Zone, shall be constructed to provide a proper fire separation, and
such mutual garage shall not be located in a required front yard, nor closer
than 1.0 metre to any portion of a rear lot line, unless that portion of the rear
lot line adjoins the interior side yard of the adjoining lot, in which case the
distance shall be no closer than 4 metres, and in no case shall any such
accessory building be built closer than 7 metres to any street line;
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(3) a gatehouse, anywhere in a front yard or exterior side yard in any Industrial
Zone;
(4) a kiosk for a parking lot anywhere in a front or exterior side yard in a
Commercial, Institutional or Industrial Zone;
(5) a swimming pool, in accordance with the provisions of Subsection 4.26 of this
By-Law;
(6) a boat house or boat dock at the edge of a watercourse;
(7) a garage in a front yard, but not a required front yard, within any Residential
Zone.
(8) a satellite dish provided it is not erected in an elevated position which exceeds
the maximum height requirement for accessory buildings established in this
Subsection, and provided it is located in a rear yard or interior side yard.
4.2
BED AND BREAKFAST ESTABLISHMENTS
A bed and breakfast establishment shall be permitted in single detached dwellings in the
"A","AR", "HR", "RR" and OR Zones, and shall be subject to the following regulations in
addition to the regulations of the applicable zone:
(1)
A bed and breakfast establishment shall be clearly secondary and located entirely
within a single dwelling in the "A", "AR", "HR", "RR" or "OR" Zone;
(2)
No more than two (2) guest rooms shall be made available to accommodate the
traveling and vacationing public;
(3)
Guest rooms shall not occupy more than 25% of the gross floor area of the dwelling;
(4)
No bed and breakfast establishment shall create or become a public nuisance,
particularly with regard to noise, traffic, parking, light or nighttime operation, or radio
or television interference, nor shall any open storage be permitted in conjunction with
a bed and breakfast establishment;
(5)
The bed and breakfast establishment shall be operated only by a person or persons
residing in the dwelling as their permanent residence;
(6)
A bed and breakfast establishment shall be permitted to display one (1) sign in
accordance with the Municipality's Sign By-law.
4.3
DWELLING UNITS
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4.3.1 LOCATION WITHIN NON-RESIDENTIAL BUILDING
Where a dwelling unit is located within or attached to a non-residential building,
such building and dwelling unit shall comply with the yard requirements of this By-
Law which apply to the said non-residential building. Furthermore, any wall of a
non-residential building that contains a window of a habitable room shall be located
not less than 2.5 metres from any side lot line.
4.3.2 LOCATION WITH BASEMENT OR CELLAR
(1) No dwelling unit shall be located in its entirety within a cellar. If any portion of
a dwelling unit is located in a cellar, such portion shall be for non-habitable
rooms only.
(2) A dwelling unit or part thereof may be located in a basement provided the
finished floor level of such basement is not below the level of any sanitary or
storm sewer servicing the building or structure in which such basement is
located.
4.3.3 DWELLING UNIT AREA (MINIMUM)
No dwelling unit shall be erected or used unless:
(1)
in the case of a dwelling unit constituting a single dwelling, the minimum
floor area shall be 70 square metres;
(2)
in the case of a mobile home, the minimum floor area shall be 55 square
metres, except that the minimum dwelling unit area of an existing mobile
home shall be 44 square metres;
(3)
in the case of any other dwelling unit, the minimum floor area shall be 40
square metres for a bachelor dwelling unit plus an additional 15 square
metres for each bedroom;
(4)
notwithstanding sub-clause (1), (2) and (3) above, in the case where the
applicable zone regulations require a minimum floor area greater than that
required by this Subsection, the minimum floor area regulation of said zone
shall apply.
4.3.4 DWELLING UNITS PER LOT (MAXIMUM)
A maximum of one (1) dwelling unit per lot shall be permitted except in the case
where:
(1) a lot contains more than one (1) dwelling unit on the date of passing of this
By-Law, in which case the maximum number of dwelling units permitted on
such lot shall be the number of existing dwelling units on the said lot; and
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(2) in a zone which specifically permits more than one (1) dwelling unit per lot.
4.4
ENTRANCE REGULATIONS
(1)
No person shall hereafter erect any main building or structure on any lot in any zone
unless such lot or an adjacent lot held under the same ownership abuts an improved
street or a one-foot reserve on the opposite side of which is located an improved
street, except that this provision shall not apply to a lot located on a Plan of
Subdivision registered subsequent to the date of the passing of this By-Law.
(2)
Private streets that existed on the date of passage of this By-Law or legally created
under Section 51 of the Planning Act or Section 50 of the Condominium Act shall be
considered as improved streets despite the fact that such private streets have not
been assumed by the Corporation. This provision shall only have the effect for the
purpose of applying the zone regulations of this By-Law and not for consideration of
granting consents. Furthermore, this provision shall not imply any obligation on the
Corporation to assume and/or develop any private street into an improved street, or
to maintain it for private or public purposes.
(3)
Lot lines abutting Provincial Highway 401 shall not be considered front lot lines for
the purposes of gaining entrance to a lot and determining lot frontage.
(4)
An Entrance Permit from the County of Middlesex will be required prior to the
construction of any access to a County Road. If access is possible from a local road,
access to the County Road may be denied.
4.5
GREENHOUSES
Notwithstanding the Zone Requirements of an 'A', 'AR' or 'AGC' Zone, where a Farm
Greenhouse or Commercial Greenhouse is listed as a permitted use it shall be subject to
the following regulations:
(1) Lot Area (minimum)
2.0 ha
(2) Lot Coverage (maximum)
40% of lot area
(3) Where ventilation fans exhaust into a side and/or a rear yard the minimum side and/or
rear yard requirement shall be 25 metres.
(4) A greenhouse or a commercial greenhouse having a gross floor area greater than
500 square metres shall not be permitted unless a development agreement has been
entered into with the Municipality regarding stormwater management and lighting.
(5) All greenhouses that use artificial lighting for growing purposes during the night shall
be located a minimum distance of 150 metres from any residential use on an adjacent
lot.
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(6) All greenhouses shall be located a minimum distance of 45 metres from any
residential use on an adjacent lot.
(7) No manure, compost or equipment may be stored within 30 metres of a street
allowance, or a watercourse, or a residential use on an adjacent lot.
(8) All greenhouses greater than 500 square metres shall be subject to site plan control.
4.6
GROUP HOMES
(1)
Notwithstanding any other provisions of this By-Law to the contrary, a Group Home
Type 1 may be permitted in any single unit dwelling provided there is no Group Home
Type 1 or Group Home Type 2 located within 100 metres from the proposed facility
and the dwelling unit has a minimum floor area of 18.5 square metres per person
residing within the unit.
(2)
Group Homes Type 2 are permitted only within those zones which specifically permit
the use. In order to prevent concentrations of Group Home Type 2 uses within
specific areas, and notwithstanding their being listed as a permitted use, the
minimum separation distance between facilities shall be 300 metres measured in
any direction.
4.7
HEIGHT RESTRICTIONS
4.7.1 GENERAL
Unless otherwise specifically provided elsewhere herein, or as set out below, no
building or structure anywhere within the zoned area shall exceed a height limit of
10.0 m. With the exception of the London Airport Height Regulation set out in
Subsection 4.7.2 below, this provision or any other provision of this By-Law,
however, shall not restrict the height of any of the following structures:
(1)
barn;
(2)
chimney;
(3)
cracking tower;
(4)
clock tower;
(5)
elevator or stairway penthouse;
(6)
flag pole;
(7)
grain elevator;
(8)
grain dryer;
(9)
hydro-electric transmission tower;
(10)
mechanical appurtenances;
(11)
precipitating tower;
(12)
radio or television antenna;
(13)
silo;
(14)
spire;
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(15)
steeple or cupola;
(16)
water tower;
provided that in no case shall any building or structure exceed a height of 20 metres in a
Residential Zone or 45 metres in any other Zone.
4.7.2 CITY OF LONDON AIRPORT HEIGHT RESTRICTIONS
All development within the area shown on Schedule "D" shall comply with the
regulations under the Aeronautics Act for the London International Airport.
4.8
HOME OCCUPATION - AGRICULTURAL
No agricultural home occupation shall be permitted within any "A" or "AR" Agricultural
Zone except in accordance with the following provisions:
(1)
An agricultural home occupation shall be clearly secondary to a single dwelling
located on the same lot within an "A" or "AR" Agricultural Zone.
(2)
An agricultural home occupation must be operated by a person residing on the lot,
and at no time shall any agricultural home occupation employ more than two (2)
persons who do not reside in the dwelling to which such agricultural home
occupation is secondary and who attend or work on the lot where the dwelling is
located.
(3)
An agricultural home occupation may be located within the dwelling unit and/or
within accessory buildings. However,
(a) the total gross floor area of the home occupation shall not exceed 550 square
metres;
(b) on lots less than 1.0 hectare in size, the gross floor area of the home
occupation shall not exceed the gross floor area of the dwelling;
(c) the size or nature of the agricultural home occupation shall not reduce the
ability of the land to be used for agricultural purposes;
(d) any area used for an agricultural home occupation shall not reduce the
dwelling area required by Subsection 4.3.3.
(4)
No agricultural home occupation shall create or become a public nuisance,
particularly with regard to noise, traffic, parking, light or nighttime operation, or
radio or television interference, nor shall any open storage be permitted in
conjunction with an agricultural home occupation, except as specifically permitted
in accordance with the provisions of the Agricultural Zone within which the
agricultural home occupation is located, but at no time shall open storage in
conjunction with a home occupation be located within the front yard.
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(5)
There shall be no product on display and no sign shall be permitted other than one
(1) non-illuminated sign, in accordance with the Municipality's Sign By-law, to
indicate to persons outside that any part of the property is being used for a purpose
other than residential or agricultural.
(6)
None of the following uses shall be considered agricultural home occupations,
except where such uses are specifically permitted in accordance with the
provisions of the Agricultural Zone within which the agricultural home occupation
is located:
(a) automotive or vehicle repair or servicing;
(b) bed and breakfast establishment;
(c) convenience store;
(d) hospital;
(e) funeral home;
(f) restaurant;
(g) salvage yard;
(h) truck terminal or any trucking operation;
(i) wind farm.
(7)
Only one (1) agricultural home occupation shall be permitted on a lot.
4.9
HOME OCCUPATION - RESIDENTIAL
No residential home occupation shall be permitted within any Residential Zone except in
accordance with the following provisions:
(1)
A residential home occupation shall be accessory to a dwelling and located within
a zone in which a home occupation is specifically listed as a permitted use. The
residential home occupation shall be clearly incidental and secondary to the main
residential use to which it is accessory and shall not change the residential
character of the dwelling.
(2)
A residential home occupation shall be carried out by a resident of the unit and at
no time shall any residential home occupation employ more than one (1) person
not residing within the dwelling unit to which such home occupation is accessory.
(3)
Residential home occupations shall be located entirely within the dwelling and an
attached or detached garage, and are not permitted within any accessory building
or structure other than a detached garage. No more than twenty-five percent (25%)
of the dwelling unit or 50 square metres, whichever is lesser, may be devoted to a
residential home occupation use.
(4)
No residential home occupation shall create or become a public nuisance,
particularly with regard to noise, traffic, parking, light or nighttime operation, or
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radio or television interference, nor shall any open storage be permitted in
conjunction with a home occupation.
(5)
There shall be no product on display and no sign shall be permitted other than one
(1) non-illuminated sign, in accordance with the Municipality's Sign By-law, to
indicate to persons outside that any part of the property is being used for a purpose
other than residential.
(6)
Residential home occupations shall be limited to such occupations as insurance
agents, sales agents, accountants, telephone sales, computer graphics,
seamstress/tailor, artists, music teacher, crafts, hobbies, small goods repair,
tradesmen, hairdresser/barber, and caterer/baker. Also included as residential
home occupations are home child care that, for remuneration, provide temporary
care to not more than five (5) children or temporary day care to not more than three
(3) adults.
4.10
HOUSEHOLD SALES / GARAGE SALES
Household sales/garage sales are permitted in any zone, except that there shall not be
more than two (2) such sales per annum at one (1) location and no such sale shall exceed
three (3) consecutive days in duration.
4.11
KENNELS
Notwithstanding the setbacks of any Zone where a Kennel is a permitted use, no kennel
be erected or used closer than:
(1)
One hundred and eighty (180) metres from a dwelling located on a separate lot;
(2)
Three hundred (300) metres from an Institutional (I) Zone or any Residential Zone;
(3)
Three hundred (300) metres from another Kennel.
4.12
LANDSCAPING
4.12.1 LANDSCAPED OPEN SPACE
Landscaped open space shall be provided in accordance with the Zone provisions
set out herein for each Zone and the following general provisions:
(1) Any part of a lot which is not occupied by buildings, structures, parking areas,
loading spaces, driveways, excavations, agricultural uses or permitted
outdoor storage areas shall be maintained as landscaped open space.
(2) Except as otherwise specifically provided herein, no part of any required front
yard or required exterior side yard shall be used for any purpose other than
landscaped open space.
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(3) Where landscaped open space of any kind, including a planting strip, is
required adjacent to any lot line or elsewhere on a lot, nothing in this By-Law
shall apply to prevent such landscaped open space from being traversed by
pedestrian walkways or permitted driveways.
(4) No part of any driveway, parking area, loading space, stoop, roof-top terrace,
balcony, swimming pool or space enclosed within a building, other than a
landscaped area located above an underground parking area, shall be
considered part of the landscaped open space on a lot.
(5) Any area used for the tilling of soil, growing of crops or grazing of livestock
shall be considered as part of the landscaped open space requirement when
associated with an agricultural use.
4.12.2 PLANTING STRIPS
Planting strips shall be provided in accordance with the zone provisions set out
herein for each zone and the following general provisions:
(1) Where the lot line of a lot containing a non-residential use and located in a
Commercial Zone or Industrial Zone abuts a lot in a Residential Zone, or abuts
a street on the opposite side of which is located a lot in a Residential Zone,
then that part of the lot containing such non-residential use or directly
adjoining the said lot line shall be used for no purpose other than a planting
strip having a minimum width of 3.0 metres measured perpendicularly to the
said lot line. Planting strips shall be landscaped and planted with ornamental
shrubs, flowering shrubs, flower beds, man-made landscape materials or a
combination thereof and may contain closed board, picket or chain linked
fence having a minimum height of 1.2 metres at the time of planting.
(2) Where a fence, a wall, a row of trees or a hedgerow is provided as part of a
planting strip required by this By-Law, such fence, wall, row of trees or
hedgerow shall be designed to have an ultimate height of not less than 1.2
metres above the elevation of the ground at the nearest lot line, except within
a daylighting triangle where the maximum height of any landscaping materials
shall be 0.6 metre.
(3) Where a planting strip required hereby is traversed by a pedestrian walkway
or by a driveway in accordance with Clause (3) of Subsection 4.12.1, such
planting strip shall not be required to extend closer than 1.0 metre to the edge
of such walkway or closer than 2.0 metres to the edge of such driveway,
provided that any intervening space between the said planting strip and the
said walkway or driveway is maintained as landscaped open space.
4.13
LIGHTING
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Lighting fixtures designed to provide exterior illumination on any lot shall be installed with
the light directed or deflected away from adjacent lots and streets and shall not be similar
to traffic lights.
4.14
LIQUID MANURE STORAGE FACILITIES - CONSTRUCTION, SIZE AND SEALING
Where permitted in conjunction with an agricultural use and/or intensive livestock
agricultural use, liquid manure storage facilities shall:
(1)
be constructed of concrete, metal, or other impervious, durable material, provided
that earthen lagoons shall not be permitted;
(2)
have walls that:
(a) extend one-half (0.5) metres or more above grade level; with solid continuous
concrete or metal panelling erected on top of or in contact with these walls and
extending one and three-quarter (1.75) metres or more above the top edge of
these walls, thus providing a windbreak for a total height of two and one-quarter
(2.25) metres above grade level; or
(b) extend thirty (30) centimetres or more above grade level; and having a solid
cover of concrete, plywood, metal panelling, or other similar material erected on
top of these walls and vented to prevent a build-up of gases and providing an
effective top and seal for the manure storage facility; or
(c) extend one-half (0.5) metres or more above grade level; and having any other
type of cover properly sealing the tank with a suitable chain-link or equivalent
safety fencing having a height of one and one-half (1.5) metres within one (1)
metre of the edge of the liquid manure storage facility;
(3)
be adequate in size to contain the total amount of manure generated in any eight (8)
month period by the agricultural use;
(4)
be sealed to prevent surface drainage or groundwater from gaining entrance;
(5)
be located in accordance with the setback requirements of the applicable zone or
the setback required by Schedule "C" Minimum Distance Separation (MDS II)
formulae, whichever is greater;
(6)
be subject to the requirements of the Municipality's Nutrient Management By-Law in
addition to the requirements of this By-Law.
4.15
LOADING SPACES
4.15.1 LOADING SPACES REQUIRED
The owner or occupant of any lot, building or structure used or erected for any
purpose involving the receiving, shipping loading or unloading of animals, goods,
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wares, merchandise or raw materials, shall provide and maintain, on the same lot,
facilities comprising one or more loading spaces in accordance with the provisions
of this Subsection.
4.15.2 LOCATION OF LOADING SPACES
Required loading spaces shall be provided on the same lot occupied by the
building or structure for which the said loading spaces are required, and shall not
form a part of any street or lane. Loading spaces shall be permitted in any yard,
except the front yard.
4.15.3 NUMBER OF LOADING SPACES (MINIMUM)
The number of loading spaces required on a lot shall be based on the total gross
floor area of all the uses on the said lot for which loading spaces are required by
Subsection 4.15.1, in accordance with the following:
GROSS FLOOR AREA
LOADING
SPACES
(MIMIMUM)
(1) Less than 250 sq. m.
0
(2) Greater than 250 sq. m. up to and including 7,500 sq. m.
1
(3) Greater than 7,500 sq. m. up to and including 14,000 sq. m.
2
(4) Greater than 14,000 sq. m.
3, plus one
(1) additional
loading
space for
each 10,000
sq. m. or part
thereof in
excess of
14,000 sq.
m. of gross
floor area
4.15.4 DIMENSIONS OF LOADING SPACES (MINIMUM)
A required loading space shall have minimum dimensions of 3.5 metres by 10
metres and a minimum vertical clearance of 4 metres.
4.15.5 ACCESS TO LOADING SPACES
Access to loading spaces shall be provided by means of one or more unobstructed
driveways which:
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(1)
have a minimum unobstructed width of at least 3.5 metres, regardless of the
direction of traffic flow thereupon, and provide sufficient space to permit the
maneuvering of vehicles on the lot so as not to obstruct or otherwise cause
a hazard on adjacent streets;
(2)
are contained within the lot on which such loading spaces are located and
lead either to an improved street or to a lane; and
(3)
comply in all other respects with the requirements for driveways providing
entrance to parking areas and spaces set out in Subsection 4.4 of this
Section.
4.15.6 SURFACE AND DRAINAGE OF LOADING SPACES AND DRIVEWAYS
(1)
All loading spaces and driveways providing access thereto shall be provided
and maintained with a stable surface, treated so as to prevent the raising of
dust or loose particles, and including, but not so as to limit the generality of
the foregoing, the following surfacing materials:
(a) crushed stone or gravel or material prescribed by the Site Plan
Development Manual; and
(b) any asphalt, concrete or other hard surfaced material.
(2)
All loading spaces and driveways providing access thereto shall be drained
so as to prevent the pooling of surface water or the flow of surface water onto
adjacent lots or streets.
4.15.7 ADDITION TO EXISTING USE
When a building or structure has insufficient loading spaces on the date of passing
of this By-Law to comply with the requirements herein, this By-Law shall not be
interpreted to require that the deficiency be made up prior to the construction of
any addition. However, any loading spaces required by this By-Law for such
addition shall be provided in accordance with all provisions hereof respecting
loading spaces.
4.15.8 SPECIAL EXCEPTIONS
Notwithstanding any other provision hereof to the contrary, no loading spaces shall
be required for any building, structure or use located within a "NC" Zone.
4.16
MINIMUM DISTANCE SEPARATION (MDS)
(1)
Notwithstanding any other yard or setback provisions of this By-Law to the contrary,
no residential, institutional, commercial, industrial, or recreational use located on a
separate lot and otherwise permitted by this By-Law, shall be established and no
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building or structure for such use shall be erected or altered unless it complies with
the Minimum Distance Separation (MDS I) calculated using Schedule "B" to this By-
Law.
(2)
Notwithstanding any other yard or setback provisions of this By-Law to the contrary,
no livestock facility or manure storage facility shall be erected or expanded unless it
complies with the Minimum Distance Separation (MDS II) calculated using Schedule
"C" to this By-Law.
(3)
The Minimum Distance Separation (MDS I and MDS II) shall not be required
between a livestock facility and:
(a) a dwelling or accessory building on the same lot;
(b) a public utility;
(c) a sewage treatment facility;
(d) a waste disposal site; or
(e) a pit or quarry.
4.17
MUNICIPAL SERVICES
Notwithstanding any other provisions of this By-Law, no land shall be used, nor any
buildings or structures erected or used unless, pursuant to an agreement made or
condition imposed under Sections 41, 45, 51 or 53 of the Planning Act or Section 50 of
the Condominium Act, dealing with the provision of any of the municipal services or
permitted private services as are set out in this By-Law, unless the municipal services or
permitted private services to be provided are available to service the land, buildings or
structures, as the case may be.
4.18
NON-COMPLYING USES
4.18.1 REBUILDING OR REPAIR PERMITTED
Nothing in this By-Law shall prevent the rebuilding or repair of an existing permitted
building or structure, even though such building or structure or the lot on which
such building or structure is located does not comply with one or more of the
provisions of this By-Law, provided that the dimensions of the original building or
structure are not increased, the use thereof is not altered, and the pertinent yards
are not reduced except in accordance with the provisions of this By-Law.
4.18.2 EXTENSIONS PERMITTED AND EXISTING YARDS RECOGNIZED
Nothing in this By-Law shall prevent a vertical or horizontal extension or addition
from being made to an existing or permitted building or structure on a lot, even
though such building, structure or lot or the use thereof does not comply with one
or more of the provisions of this By-Law, provided such extension or addition itself
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is designed, located, used and otherwise is in compliance with the provisions of
this By-Law, except that all yards appurtenant to an existing building or structure
shall be deemed to conform to the yard and setback requirements of this By-Law,
notwithstanding that the width or depth of such yards might be less than that
required elsewhere herein.
4.18.3 LOT AREA OR LOT FRONTAGE LESS THAN REQUIRED
Where a lot having a lesser lot area or lot frontage than that required hereby:
(1)
is or has been held under distinct and separate ownership from abutting lots
or was legally created; or
(2)
is created as a result of an expropriation; and
(3)
is located within a Residential Zone and has a minimum 8.0 metre frontage
or is located within an Agricultural Zone and has a minimum 15.0 metre
frontage and is able to obtain a potable water supply and a private sewage
disposal system permit;
(4)
is created or altered, as a result of a consent being given following the
effective date, in greater compliance with the minimum lot area and/or the
minimum lot frontage requirements of this By-Law;
then the said lot shall be deemed to comply with the requirements of this By-Law
with respect to the lot area or lot frontage, and the provisions hereof respecting lot
area and lot frontage shall not apply to prevent the use of a permitted building or
structure thereupon, in accordance with all other provisions hereof.
4.19
OPEN STORAGE
4.19.1 OPEN STORAGE REGULATIONS
Except as otherwise provided in Subsection 4.19.2, or specifically listed as a
permitted use in a zone, no open storage shall be permitted on any lot in any zone,
except in accordance with the following provisions:
(1)
No open storage area shall be permitted in any required yard or, except in
the case of an agricultural use or the outside display and sale of goods and
materials in conjunction with a permitted commercial use, in any part of a
front yard or exterior side yard.
(2)
No open storage area shall be located closer than 3 metres to any lot line.
(3)
No open storage area shall be visible from any street or from any adjacent
lot, where such adjacent lot is located in a zone other than a Commercial
Zone or an Industrial Zone, and to this end any open storage area shall be
screened, wherever necessary in order to comply with this provision, by a
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planting strip containing an opaque fence, wall or other opaque barrier not
less than 2 metres in height, except that this provision shall not apply to any
storage area accessory to an agricultural use or to the outside display and
sale of goods and materials in conjunction with a permitted commercial use.
(4)
Any open storage area shall be maintained as landscaped open space or
provided and maintained with a stable surface, treated so as to prevent the
raising of dust or loose particles and drained in accordance with the
requirements of the Municipality, except that this provision shall not apply to
any storage area located on a lot whereon the main use is an agricultural
use.
(5)
Notwithstanding Clause (4) of this Subsection, no open storage area shall
be considered part of any landscaped open space required hereby.
(6)
No parking spaces or loading spaces required by this By-Law shall be used
for open storage purposes.
(7)
No open storage of hazardous substances shall be permitted within any
Residential Zone, Environmental Protection Zone or Agricultural Restrictive
Zone.
4.19.2 SPECIAL EXCEPTIONS
Nothing in Subsection 4.19.1 shall apply to prevent or otherwise restrict the use as
an open storage area of any part of:
(1)
the front yard on a lot containing an agricultural use, for a temporary
roadside retail farm sales outlet for produce grown on the said lot; or
(2)
a lot containing a single dwelling, for a special temporary household/garage
sale, by auction or otherwise, subject to the regulations of Subsection 4.10,
of personal possessions belonging to the occupants thereof.
4.20
OUTDOOR PATIOS ASSOCIATED WITH RESTAURANTS
Notwithstanding any other provisions of this By-Law, the following shall apply to an
outdoor patio associated with a permitted restaurant:
4.20.1 CAPACITY
No outdoor patio shall accommodate more than fifty percent (50%) of the licensed
capacity of the restaurant with which the patio is associated, or fifty (50) persons,
whichever is the greater.
4.20.2 LOCATION
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(1) No outdoor patio shall be permitted where any lot line adjoins lands which are
in a Residential Zone class which is not in combination with another zone, or
is separated therefrom by a lane.
(2) Notwithstanding the provisions of Clause (1), where only the rear lot line
adjoins a Residential Zone class which is not in combination with another
zone, or is separated therefrom by a lane, an outdoor patio shall be permitted
in the front yard.
(3) No outdoor patio shall be located above the elevation of the floor of the first
storey of the principal building where the lot adjoins a Residential Zone class
which is not in combination with another zone, or is separated therefrom by a
lane.
4.20.3 LIGHTING
Any outdoor lighting shall be directed toward or onto the patio area and away from
adjoining properties and streets.
4.20.4 LOADING
Notwithstanding Subsection 4.15, no loading space shall be required for an
outdoor patio restaurant.
4.20.5 MUSIC AND ENTERTAINMENT
No music (whether performed live or recorded), dancing or other forms of
entertainment shall be permitted on an outdoor patio if it is within three hundred
(300) metres of a Residential Zone.
4.20.6 PARKING
Parking spaces shall be required for the gross floor area associated with the
outdoor patio at the same ratio as restaurants.
Notwithstanding the foregoing, the establishment of temporary seasonal outdoor
patios associated with a permitted restaurant for properties located at 2008
Dorchester Road and at 2135 Dorchester Road shall be permitted provided that at
least 60% of the existing on-site parking is maintained.
4.21
PARKING REGULATIONS
4.21.1 PARKING SPACES REQUIRED
Except as otherwise provided herein, the owner or occupant of any lot, building or
structure used or erected for any of the purposes set forth in Subsection 4.21.2
and 4.21.3, shall provide and maintain, for the sole use of the owner, occupant or
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other persons entering upon or making use of the said lot, building or structure
from time to time, one or more parking spaces in accordance with the provisions
of this Subsection. Unless otherwise specified in Subsection 4.21.2, the parking
standards are expressed in number of parking spaces per dwelling unit for
residential uses, and number of spaces per square metre of Gross Floor Area
and/or per number of Seats for all other uses.
4.21.2 PARKING SPACE REQUIREMENTS FOR RESIDENTIAL ZONES (MINIMUM)
In a Residential Zone, parking areas and spaces shall be provided in accordance
with the following:
USE
NUMBER OR PARKING
SPACES (MINIMUM)
(1) Apartment Dwelling
1.5 per unit
(2) Bed and Breakfast Establishment
2 per unit plus one per
guest room
(3) Converted Dwelling
1.5 per unit
(4) Duplex Dwelling
1.5 per unit
(5) Fourplex Dwelling
1.75 per unit
(6) Group Home
1 plus 0.25 per bed
(7) Lodging House
1 per unit
(8) Mobile Home
1 per unit
(9) Semi-Detached Dwelling
2 per unit
(10) Single-Detached Dwelling
2 per unit
(11) Stacked Townhouse Dwelling
1.5 per unit
(12) Street Townhouse Dwelling
2 per unit
(13) Townhouse Dwelling
1.5 per unit
(14) Triplex Dwelling
1.66 per unit
4.21.3 PARKING SPACE REQUIREMENTS FOR NON-RESIDENTIAL ZONES
(MINIMUM)
In any Zone other than a Residential Zone, parking areas and spaces shall be
provided in accordance with the following:
USE
NUMBER OR PARKING
SPACES (MINIMUM)
(1)
Abattoir
1 per 100 m2
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USE
NUMBER OR PARKING
SPACES (MINIMUM)
(2)
Adult Entertainment Parlour
1 per 4 persons seating
capacity
(3)
Agricultural Equipment Sales and Service
Establishment
See Agricultural Related
Commercial Use
(4)
Agricultural Related Commercial Use
1 per 30 m2 for retail
showroom plus 1 per 200 m2
for warehousing /
wholesaling
(5)
Agricultural Service and Supply Establishment
See Agricultural Related
Commercial Use
(6)
Amusement Park
See Commercial Recreation
Establishment
(7)
Animal Clinic
See Veterinary Clinic
(8)
Apartment Dwelling
1.5 per unit
(9)
Arcade
1 per 20 m2
(10)
Arena
Greater of 1 per 7 seats
or 1 per 35 m2
(11)
Art Gallery
1 per 50 m2
(12)
Assembly Hall
Greater of 1 per 7 seats
or 1 per 35 m2
(13)
Auction Establishment
1 per 30 m2
(14)
Automobile Service Station
6 per bay
(15)
Automobile Supply Store
1 per 25 m2
(16)
Automobile Wrecking Yard
See Salvage Yard
(17)
Bake Shop
1 per 25 m2
(18)
Bakery
1 per 100 m2
(19)
Bank
See Financial Institution
(20)
Banquet Hall
See Assembly Hall
(21)
Bed and Breakfast Establishment
2 per unit plus
1 per guest room
(22)
Bingo Hall
Greater of 1 per 7 seats
or 1 per 35 m2
(23)
Boarding House
See Lodging House
(24)
Body Shop
1 per 30 m2
(25)
Brewing on Premises Establishment
1 per 40 m2 of
processing area
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USE
NUMBER OR PARKING
SPACES (MINIMUM)
(26)
Building Supply Outlet
1 per 30 m² for
retail/showroom plus 1 per
200 m² for warehousing /
wholesaling
(27)
Bulk Sales Establishment
1 per 30 m²
(28)
Campground
2 per camp site
(29)
Car Wash Establishment, Automated
6 spaces in
advance of each bay
(30)
Car Wash Establishment, Manual
3 spaces in
advance of each bay
(31)
Caterer's Establishment
1 per 200 m²
(32)
Cemetery
1 per 30 m² of
accessory office space
(33)
Clinic
1 per 20 m²
(34)
Club
Greater of 1 per 7 seats
or 1 per 35 m2
(35)
Commercial Recreation Establishment
1 per 25 m2
(36)
Community Centre
See Assembly Hall
(37)
Continuum-of-Care Facility
See appropriate components
as proportioned
(38)
Contractor's Yard or Shop
1 per 100 m2
(39)
Convenience Store
1 per 25 m2
(40)
Converted Dwelling
1.5 per unit
(41)
Custom Workshop
1 per 100 m2
(42)
Data Processing Establishment
1 per 40 m2
(43)
Day Nursery
1 per 40 m2
(44)
Driving Tee or Range
See Golf Driving Tee or
Range
(45)
Drive-Through Facility
3 spaces in advance of each
drive-through service
window or outlet
(46)
Dry Cleaner's Distribution Station
1 per 25 m2
(47)
Dry Cleaning and Laundry Depot
1 per 35 m2
(48)
Dry Cleaning Establishment
1 per 50 m2
(49)
Duplex Dwelling
1.5 per unit
(50)
Duplicating Shop
1 per 20 m2
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USE
NUMBER OR PARKING
SPACES (MINIMUM)
(51)
Eating Establishment
See Restaurant
(52)
Emergency Care Establishment
1 per 40 m2
(53)
Factory Outlet
1 per 20 m2
(54)
Feed Mill
1 per 65 m2
(55)
Fertilizer Blending Station
1 per 65 m2
(56)
Film Processing Depot
1 per 20 m2
(57)
Financial Institution
1 per 30 m2
(58)
Florist Shop
1 per 30 m2
(59)
Flour Mill
1 per 65 m2
(60)
Food Processing Plant
1 per 100 m2
(61)
Food Store
1 per 25 m2
(62)
Fourplex Dwelling
1.75 per unit
(63)
Funeral Home
Greater of 1 per 20 m2
or 20 spaces
(64)
Garden Centre
See Retail Store
(65)
Gas Bar
3 spaces
(66)
Golf Course
8 per tee
(67)
Golf Course, Miniature
1.5 per tee
(68)
Golf Driving Range or Tee
1.5 per tee
(69)
Grain Elevator and Drying Facility
See Agricultural Related
Commercial Use
(70)
Greenhouse, Commercial
1 per 50 m2
(71)
Group Home
1 plus 0.25 per bed
(72)
Hairdressing Establishment
See Personal Service
Establishment
(73)
Home and Auto Supply Store
1 per 25 m2
(74)
Home Appliance Store
1 per 30 m2
(75)
Home Decorating Store
1 per 30 m2
(76)
Home Furnishings Store
1 per 30 m2
(77)
Home Improvement Store
1 per 30 m2
(78)
Home for the Aged, Rest Home
2 per 5 beds
(79)
Hospice
2 per 5 beds
(80)
Hospital
3 per bed
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USE
NUMBER OR PARKING
SPACES (MINIMUM)
(81)
Hotel/Motel
1.5 per guest room
(82)
Industrial Use
1 per 100 m2
(83)
Kennel
1 per 30 m2
(84)
Laboratory
1 per 20 m2
(85)
Laundromat
1 per 25 m2
(86)
Liquor, Beer and Wine Store
1 per 25 m2
(87)
Lodging House
1 per unit
(88)
Machine Shop
See Service Shop
(89)
Marine Sales and Service
1 per 30 m2
(90)
Merchandise Service Shop
1 per 20 m2
(91)
Mobile Home
1 per unit
(92)
Mobile Home Park
1 per mobile home site
(93)
Motel
See Hotel/Motel
(94)
Museum
1 per 50 m2
(95)
Nursing Home
2 per 5 beds
(96)
Nursery and Garden Store
1 per 30 m2
(97)
Office, Business, Service or Professional
1 per 40 m2
(98)
Office, Medical/Dental
1 per 20 m2
(99)
Office Supply Outlet
1 per 25 m2
(100)
Personal Service Establishment
1 per 15 m2
(101)
Pharmacy
1 per 25 m2
(102)
Place of Entertainment or Amusement
Greater of 1 per 7 seats or 1
per 1 per 35 m2
(103)
Place of Worship
1 for each 5
persons seating capacity
(104)
Professional Office
See "Office, Business,
Service or Professional"
(105)
Processed Goods Industry
See Industrial Use
(106)
Raw Materials Processing Industry
See Industrial Use
(107)
Recreational Trailer Park
1 per site
(108)
Repair and Rental Establishment
1 per 20 m2
(109)
Research and Development Establishment
1 per 100 m2
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USE
NUMBER OR PARKING
SPACES (MINIMUM)
(110)
Restaurant
1 per 10 m2
(111)
Restaurant, Coffee Shop
1 per 10 m2
(112)
Restaurant, Drive-Through
1 per 12 m2
(113)
Restaurant, Fast Food
1 per 10 m2
(114)
Retail Store
1 per 25 m²
(115)
Retirement Home/Lodge
2 per 5 beds
(116)
Salvage Yard
1 per 30 m² for retail and 1
per 200 m² for warehousing
(117)
Sawmill
1 per 65 m²
(118)
School, Commercial
1 per 45 m²
(119)
School, Elementary (Public or Private)
3 plus 1 per classroom
(120)
School, Post-Secondary
1 per 100 m²
(121)
School, Secondary (Public or Private)
3 per classroom
(122)
Semi-Detached Dwelling
2 per unit
(123)
Service and Repair Establishment
1 per 25 m²
(124)
Service Shop
1 per 25 m²
(125)
Shopping Centre (greater than 2,000 m² of
gross floor area and with 4 or more retail
stores)
1 per 30 m² gross leasable
floor area
(126)
Shopping Centre (less than 2,000 m² or gross
floor area and/or fewer than 4 stores)
1 per 25 m²
(127)
Single Detached Dwelling
2 per unit
(128)
Storage Compound
See Salvage Yard
(129)
Studio
1 per 45 m²
(130)
Supportive Community Home
1 per 4 residents capacity
(131)
Tavern
1 per 6 m²
(132)
Taxi Establishment
1 per 6 m²
(133)
Theatre
1 per 7 seats
(134)
Townhouse and Stacked Townhouse
1.5 per unit
(135)
Townhouse, Street
2 per unit
(136)
Tradesman's Shop
1 per 25 m²
(137)
Truck Terminal
1 per 100 m²
(138)
Vehicle Repair Garage
6 per bay
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USE
NUMBER OR PARKING
SPACES (MINIMUM)
(139)
Vehicle Service Shop
6 per bay
(140)
Vehicle Sales or Rental Establishment
1 per 20 m²
(141)
Veterinary Clinic or Small Animal Clinic
1 per 45 m²
(142)
Video Rental Establishment
1 per 25 m²
(143)
Warehouse
1 per 200 m²
(144)
Warehouse, Public Self-Storage
1 per 200 m²
(145)
Winery, Farm Fruit
1 per 100 m² plus 1 per 45
m² of accessory
office/retail/hospitality
room/laboratory space
4.21.4 ACCESSIBLE PARKING SPACES
Accessible parking spaces shall be provided adjacent and accessible to the
building and clearly marked as accessible parking spaces. The number of such
spaces shall be part of the total parking requirement in accordance with the
following:
Required Spaces
Required Number of Spaces for Accessible Parking
Type A Space
Type B Space
1-50
1
1
51-75
1
2
76-100
2
2
101-150
3
3
150-300
4
4
300-400
5
5
400-500
6
6
4.21.5 ADDITION TO EXISTING USE
The parking requirements of this By-Law shall not apply to any existing building or
structure so long as the floor area of the said building or structure is not increased
and the building or structure is used for a purpose which does not require additional
parking spaces as required in this By-Law, than were required by virtue of its size
or use at the date of passing of this By-Law. Where a use is changed or a building
or structure is enlarged in floor area or there is an increase in number of
employees, number of dwelling units or seating capacity or otherwise as would
require an additional number of parking spaces, then such additional parking
spaces shall be provided to the number required for such change.
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4.21.6 CALCULATION OF PARKING REQUIREMENTS
(1) Where a building, structure, or lot accommodates more than one use or
purpose, the required parking spaces shall be the sum of the required parking
spaces for the individual uses or purposes. Parking spaces for one use shall
not be considered as providing the required parking spaces for any other use.
(2) Where seating accommodation is provided by benches, 0.6 metres of bench
space shall be considered as equivalent to one (1) seat.
(3) If calculation of the required parking spaces results in a fraction, the required
parking spaces shall be the next highest whole number.
4.21.7 PARKING SPACE DIMENSIONS
(1) A parking space required hereby shall have the following minimum
rectangular dimensions:
PARKING
ANGLE
A
MINIMUM
SPACE
WIDTH
B
MINIMUM
SPACE
LENGTH
C
MINIMUM
AISLE
WIDTH
D
(1)
90
2.75 m
5.5 m
7.3 m
(2)
60
2.75 m
6.1 m
5.0 m
(3)
45
2.75 m
5.8 m
4.5 m
(2-4) ANGLED PARKING SPACES:
(1) 90 PARKING SPACES:
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PARKING
ANGLE
A
MINIMUM
SPACE
WIDTH
B
MINIMUM
SPACE
LENGTH
C
MINIMUM
AISLE
WIDTH
D
(4)
30
2.75 m
5.1 m
4.0 m
(5)
0
(parallel)
2.75 m
6.7 m
3.0 m
(2) Type A spaces shall have a minimum width of 3.4 metres. Type A spaces are
intended to accommodate a vehicle with a mechanical lift and/or wheelchair ramp.
(3) Type B spaces shall have a minimum width of 2.4 metres. Type B spaces are
intended to accommodate a vehicle that does not require additional space to
accommodate a lift and/or ramp.
(4) To facilitate access to a vehicle, every accessible parking space (either Type A or
Type B) shall have an aisle at least 1.5 metres wide extending the full length of the
parking space which aisle may be shared by two accessible parking spaces.
4.21.8 TIMING
Parking spaces shall be provided at the time any building or structure is erected or
enlarged.
4.21.9 LOCATION AND ACCESS
(1) Parking spaces shall be located on the same lot or within the same building
as the use for which said parking is required;
(2) Parking spaces shall be permitted in the following yards, subject to the
setbacks identified below, and shall be accessible from an improved street by
one or more unobstructed driveways in accordance with the following:
(5) PARKING SPACES PARALLEL TO AISLE:
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ZONE
CLASS
YARD(S) IN WHICH PARKING
AREA PERMITTED
DRIVEWAY AND ACCESS
REQUIREMENTS
(1) Residential
Zone (3
dwelling units
or less)
(a) The interior side yard and rear yard,
provided that no part of any parking area
is located closer than one (1.0) metre to
any street line; and
(b) Driveways in the front yard or driveways
in the exterior side yard.
(c) No more than 25% of the area of a front
yard or an exterior side yard of any lot in
a Residential Zone shall be devoted to
parking areas.
(d) Driveway Width
(minimum)
(e) Driveway Width
(maximum)
(f) Number of
Driveways
(maximum)
2.75 m
Lesser of 6.0 m or 40% of the
street line along the street used
to gain access to the driveway.
1 driveway for the first 15 m of
street line, 2 driveways for the
first 30 m of street line plus 1
additional driveway for each
additional 30 m of street line
thereafter, to a maximum of 3
driveways per lot.
(2) Residential
Zone (more
than 3
dwelling units)
(a) All yards provided that no part of any
parking area, other than a driveway, is
located closer than 3.0 metres to any
street line.
(b) No more than 25% of the area of a front
yard or an exterior side yard of any lot in
a Residential Zone shall be devoted to
parking areas.
(c) Driveway Width
(minimum)
(d) Driveway Width
(maximum)
(e) Number of
Driveways
(maximum)
3.0 m
Lesser of 6.0 m or 40% of the
street line along the street used
to gain access to the driveway.
1 driveway for the first 15 m of
street line, 2 driveways for the
first 30 m of street line plus 1
additional driveway for each
additional 30 m of street line
thereafter, to a maximum of 3
driveways per lot.
(3) Commercial,
Institutional,
Open Space,
and any zone
class not
specified
(a) All yards provided that no part of any
parking area, other than a driveway, is
located closer than 3.0 metres to any
street line.
(b) Notwithstanding Clause (a) above, in the
Office Residential (OR) Zone, parking
areas and spaces other than a driveway
shall be located in the rear yard.
(c) Driveway Width
(minimum)
(i) One-Way
Traffic Only
(ii) Two-Way
Traffic
(d) Driveway Width
(maximum)
(e) Number of
Driveways
(maximum)
3.0 m
6.0 m
10.0 m, provided that in the
Office Residential (OR) Zone,
the maximum width of any
driveway shall be 6.0 m.
1 driveway for the first 15 m of
street line, 2 driveways for the
first 30 m of street line plus 1
additional driveway for each
additional 30 m of street line
thereafter, to a maximum of 4
driveways per lot.
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ZONE
CLASS
YARD(S) IN WHICH PARKING
AREA PERMITTED
DRIVEWAY AND ACCESS
REQUIREMENTS
(4) Industrial
(a) The side yard and rear yard provided that
no part of any parking area, other than a
driveway, is located closer than three (3.0)
metres to any street line.
(b) No more than 50% of the area of a front
yard or an exterior side yard of any lot in
an Industrial Zone shall be used for
parking areas and driveways.
(c) Driveway Width
(minimum)
(i) One-Way
Traffic Only
(ii) Two-Way
Traffic
(d) Driveway Width
(maximum)
(e) Number of
Driveways
(maximum)
3.0 m
6.0 m
12.0 m
1 driveway for the first 15 m of
street line, 2 driveways for the
first 30 m of street line plus 1
additional driveway for each
additional 30 m of street line
thereafter, to a maximum of 4
driveways per lot.
(5) Agricultural
(a) All yards provided that no part of any
parking area, other than a driveway, is
located closer than 3.0 metres to any
street line.
(b) Driveway Width
(minimum)
(c) Driveway Width
(maximum)
(d) Number of
Driveways
(maximum)
3.0 m
12.0 m
1 driveway for the first 15 m of
street line, 2 driveways for the
first 30 m of street line plus 1
additional driveway for each
additional 100 m of street line
thereafter, to a maximum of 4
driveways per lot.
(3) For the purposes of this By-law, driveway width shall be measured parallel to
the street providing access to the driveway at any point on the lot closer to the
said street than the street setback required therefrom.
(4) Each required parking space shall be readily accessible at all times for the
parking or removal of a vehicle and vehicular access to any such parking
space shall not be impeded by any obstruction. Except as denoted in Clause
(5) of this Subsection, this provision shall not apply to prevent the use as a
parking space of any part of a driveway accessory to a single dwelling, semi-
detached dwelling, duplex dwelling or townhouse provided that no parking
space shall obstruct access to a parking area on any other lot or any other
unit.
(5) Nothing in this By-Law shall prevent the obstruction of a driveway by a gate,
a well identified recognizable temporary barrier or similar obstruction used
solely to restrict access to the said driveway and designed to be easily raised,
swung aside or otherwise opened or removed when necessary to permit
passage of a vehicle.
(6) The minimum angle of intersection between a driveway and a street line shall
be 60 degrees.
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(7) Any driveways or parking aisles located within a required yard on a lot
containing a mobile home park shall be separated from all interior lot lines of
such lot by a planting strip not less than 1.5 metres in width.
(8) The minimum distance between a point of intersection of street lines, such
point of intersection being determined in the manner set out in Section 2
Definitions for a sight visibility triangle and Subsection 4.25, and a driveway
providing access to a lot from an improved street, measured along the street
line intersected by such driveway, shall be 9 metres.
(9) Where a two-way driveway is divided into two one-way driveways by a curb,
an area of landscaped open space or any other obstruction, such driveway
shall, for the purpose of this Subsection, be considered a single driveway,
albeit divided, provided that such driveway does not exceed in total width,
measured in accordance with Clause (3) of this Subsection.
4.21.10 SURFACE AND DRAINAGE OF PARKING AREAS AND DRIVEWAYS
(1) All parking areas and driveways shall be provided and maintained with a
stable surface, treated so as to prevent the raising of dust or loose particles,
using such surfacing materials as any asphalt, concrete or other hard-
surfaced material. In the Rural Industrial and Extractive Industrial Zones,
Agricultural Zone and Residential Zones, treated crushed stone or gravel
may be used.
(2) All parking areas and driveways shall be drained so as to prevent the pooling
of surface water or the flow of surface water onto adjacent lots or streets,
unless specifically designed for stormwater management.
(3) The access point to parking areas shall be clearly defined by a curb of
concrete or rolled asphalt.
4.21.11 OTHER PARKING REGULATIONS
(1) Nothing in this By-Law shall prevent the erection of a shelter for use solely
by parking attendants or security personnel in any part of a parking area,
except within a sight visibility triangle, provided such shelter is not more than
4.5 metres in height and has a floor area of not more than 5 square metres.
(2) No gas bar or automobile service station shall be located or maintained on
any parking area except where specifically permitted by this By-Law.
(3)
a) the parking and/or open storage of a recreational vehicle, trailer or boat
shall not be permitted within one (1) metre of any lot line in any
Residential Zone;
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b) the parking and/or open storage of a recreational vehicle, trailer or boat
shall not be permitted in any front yard, other than on a driveway, in any
Residential Zone;
c) Notwithstanding (a) and (b) above, the parking and/or open storage of a
recreational vehicle, trailer or boat shall not be permitted within any
required exterior side yard in any Residential Zone.
(4) No commercial vehicle or motorized construction equipment shall be parked
or stored on any part of a Residential Zone, except for commercial vehicles
which:
(a) have dimensions not greater than 2.4 metres of width, 2.4 metres of
height above ground, nor 6 metres of length; or
(b) are parked or stored within a building or carport or within a yard other
than a front yard, or exterior side yard, or a required interior side yard;
(c) or except for the purpose of making deliveries or otherwise providing
services, on a temporary basis, to a Residential lot.
(5) Automobiles, vehicles and trailers lacking current valid license plates shall
be parked or stored only within a private garage or other building, except that
this provision shall not apply to a permitted vehicle sales or rental
establishment or salvage yard nor to the storage of agriculture related
vehicles.
4.22
PUBLIC AND INSTITUTIONAL USES
The provisions of this By-law shall not apply to prevent the use of any land or the erection
or use of any building or structure for the purpose of public service by The Corporation of
the Municipality of Thames Centre, The County of Middlesex, or by any local board as
defined in the Municipal Affairs Act, the Thames Valley School Board, the London Catholic
District School Board, the Upper Thames River Conservation Authority, the Kettle Creek
Conservation Authority, any Department or Ministry of the Government of Canada or
Ontario including any electric utility licensed by the Ontario Energy Board to operate the
distribution system within a municipality, or by any power commission, railway, telephone,
telecommunication, or gas company or other utility supplying public services provided that:
(1)
any building to be erected in any Residential Zone or Institutional Zone for the
purpose of a school or other educational institution shall be located on a lot having
a minimum lot frontage of 60 metres and shall have a minimum front yard depth,
side yard width (on both sides) and rear yard depth of 7.5 metres in each case;
(2)
any lot used in any zone as a public park or for an existing cemetery, an existing
place of worship or any existing public building, structure or use, including, but not
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so as to limit the generality of the foregoing, a school, a municipal office building, a
community centre or other public auditorium, a public library and a public works
garage, in accordance with the General Provisions of this By-Law set out in Section
4 hereof and with the Regulations for Institutional Zones set out in Subsection 23.3
hereof; and
(3)
notwithstanding any of the foregoing provisions, the construction or operation of an
incinerator, pollution control plant, sewage lagoon, waste stabilization pond or other
work or facility for storing or treating sewage, sludge lagoon, sludge storage or
transfer site, service garage, sanitary landfill or disposal area of any kind shall not
be permitted on lands in any residential zone established in this By-law; and
(4)
notwithstanding any of the provisions in Clause (1) or (2) of this Subsection, no open
storage shall be permitted accessory to a public or institutional use that is adjacent
or opposite to a Residential Zone.
4.23
REDUCTION OF LOT AREA
4.23.1 PROHIBITION
No person shall reduce the lot area, or make any changes in the dimensions of a
lot by the conveyance or alienation of any portion thereof or otherwise, except by
a conveyance in accordance with Subsection 4.23.2, so that any building or
structure on such lot shall have a lot coverage that exceeds, or a front yard depth,
side yard depth, rear yard depth, lot frontage, lot area or area of landscaped open
space that is less than that permitted by this By-Law for the zone in which such lot
is located.
4.23.2 LOTS REDUCED BY PUBLIC ACQUISITION
Where the area of a lot is reduced by means of an acquisition of part of the lot by
a public agency for the purpose of providing a public service, and where such
acquisition causes the lot as reduced, or any building or structure existing lawfully
on the lot on the date of such acquisition, to have a lot area, lot frontage, lot
coverage, area of landscaped open space, setback, front yard depth, side yard
depth or rear yard depth that does not conform to the requirements hereof for the
zone in which such lot is located, then nothing in this By-Law shall apply to prevent
the continued use of the lot as reduced as if no such acquisition had taken place,
provided that:
(1) no change is made in the dimensions, area or any other characteristics of the
lot as reduced, subsequent to the date of such acquisition, that would increase
the extent of the said nonconformity; and
(2) no building or structure or addition thereto is erected on the lot as reduced,
subsequent to the date of such acquisition, except in accordance with all the
provisions hereof for the zone in which such lot is located.
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4.24
SETBACKS
4.24.1 SPECIAL SETBACKS FOR SELECTED ROADS
Notwithstanding any other provisions of this By-Law, where a building or structure
is located adjacent to a selected road listed below, setbacks shall be provided and
maintained for each road as listed below. Where the setbacks established in this
Subsection are less than the yard requirements of any zone, the front yard and/or
exterior side yard depth provisions of the appropriate zone shall apply.
ROAD
MINIMUM SETBACK
(measured from centerline)
Provincial Highway No. 7
38.0 m
Provincial Highway No. 401
in accordance with Ministry of
Transportation requirements
County Road No. 2
38.0 m
County Road No. 26
38.0 m
County Road No. 27
38.0 m
County Road No. 28
38.0 m
County Road No. 29
38.0 m
County Road No. 32
38.0 m
County Road No. 49
38.0 m
County Road No. 73
38.0 m
County Road No. 74
38.0 m
County Road No. 16
33.0 m
County Road No. 25
33.0 m
County Road No. 30
33.0 m
County Road No. 31
33.0 m
4.24.2 EXEMPTION IN BUILT-UP AREAS
(1)
The minimum setback required for a lot that is situated between two adjacent
lots on which are located existing buildings not more than 90 metres apart
shall be the average of the established building lines on the said adjacent
lots, provided that no setback requirement calculated in accordance with this
Subsection shall exceed the applicable setbacks required by the appropriate
zone provisions.
(2)
Where a County Road has been constructed to urban standards, the
setbacks established in Subsection 4.24.1 shall not apply to any lot shown
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on Schedule "A" Maps 3A, 34A, 39A, 44A, 49A, 55A, 58A, 62A, 64A, 2-1, 2-
2, 2-3, 2-4, 2-5, 2-6, 3-1 or 3-2.
(3)
Nothing in this Subsection shall be construed to provide relief from the
minimum yard requirements or any other regulation of the applicable zone.
4.24.3 SETBACKS FROM WATERCOURSES AND MUNICIPAL DRAINS
No part of any building or structure, other than a permeable fence, boat docking
facilities or those buildings and structures associated with a public use or flood or
erosion control measures, shall hereafter be erected in any zone or defined area
closer than:
(1)
10 metres from the top of bank of an inland watercourse or an open municipal
drain, measured horizontally along a line perpendicular to a line drawn along
the top of bank;
(2)
10 metres from a covered or enclosed municipal drain measured from the
centreline of the drain.
Note: (The following italicized text does not form part of this By-law and is provided for
information purposes only):
Some of the lands on Schedule "A" to this By-law are subject to the Upper Thames River
Conservation Authority (UTRCA) Ontario Regulation No. 157/06 or the Kettle Creek
Conservation Authority (KCCA) Regulation No. 181/06. Where development or site works
are proposed within a Regulated Area, as shown on schedules filed with the appropriate
Conservation Authority, a permit from the Conservation Authority may be required. The
appropriate Conservation Authority should be contacted to determine the extent of the
Regulated Area. The appropriate Conservation Authority should be consulted before
development, including construction, conversion, grading, filling or excavating occurs to
determine whether the Authority Regulations apply.
4.24.4 SETBACKS FROM RAILWAYS
(1)
Subject to Subsection 4.24.2, no part of any dwelling in any Zone, and no
part of any other building in a Commercial, Institutional or Residential Zone,
shall be located closer than 30 metres from a railway right-of-way, measured
from the nearest main wall of the building to the nearest point along the
railway right-of-way;
(2)
The setback established in Clause (1) of this Subsection shall not apply to
the CP Railway Principle Branch Line (shown in part on Schedule 'A' maps
44A, 45, 51, 52, 55, 56, 57, 58, 60 and 61), from which no part of any dwelling
in any Zone and no part of any other building in a Commercial, Institutional
or Residential Zone shall be located closer than 15 metres, measured from
the nearest main wall of the building to the nearest point along the railway
right-of-way.
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(3)
Where a lot in any Industrial Zone abuts a railway right-of-way, no setback
shall be required between a permitted industrial use and the railway right-of-
way, provided the minimum front and exterior side yard depth requirements
of the applicable Zone and the setbacks established in Subsection 4.24.1 are
complied with;
4.25
SIGHT VISIBILITY TRIANGLES
4.25.1 RAILWAY CROSSINGS
(1)
In all zones, on a lot abutting a railway where the railway and a street
intersect at the same grade, no building or structure shall be erected in such
a manner as to materially impede vision between a height of 0.6 m and 3.0
m above the centreline grade of the intersecting street in the triangular area
bounded by the railway and the street line and a line from the points along
such railway and such street line distant 50 m from the point of the
intersection thereof.
(2)
Where such railway and street intersect at an unprotected crossing, the sight
visibility triangle shall be increased to a distance of 400 m measured along
the railway and 90 m measured along the street line or a distance required
by Transport Canada.
4.25.2 CORNER LOTS
In all Zones, on a corner lot, except as provided in Subsection 4.25.3, no building
or structure shall be erected in such a manner as to materially impede vision
between a height of 0.6 m and 3.0 m above the centreline grade of the intersecting
streets in the triangular area bounded by the street lines of the corner lot and a line
from the points along said street lines distant 10 m from the point of the intersection
of the said street line.
4.25.3 INTERSECTIONS WITH COUNTY ROADS
In all Zones, on a corner lot having frontage on a County Road, no building or
structure shall be erected in such a manner as to materially impede vision between
a height of 0.6 m and 3.0 m above the centreline grade of the intersecting streets
within the triangular area bounded by the street lines of the corner lot from the
point of intersection of said street lines to a point:
(1)
10 metres distant measured along each street line where a corner lot is
located within the area shown on Schedule "A" Maps 3A, 34A, 39A, 44A,
49A, 55A, 58A, 62A, 64A, 2-1, 2-2, 2-3, 2-4, 2-5, 2-6, 3-1 or 3-2 and the
County Road has been constructed to urban standards.
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(2)
28 metres distant measured along each street line where a corner lot is
located outside the area described in Clause (1) of this Subsection and/or
where the County Road has not been constructed to urban standards.
4.26
SOURCEWATER PROTECTION
4.26.1 IDENTIFICATION OF VULNERABLE AREAS
1) Vulnerable Areas shown on Schedule A to this By-law represent
Wellhead Protection Areas (WHPAs) and the associated level of
vulnerability for municipal water sources serving the Municipality as well
as Central Elgin in Elgin County.
2) A WHPA illustrates three time-related capture zones including a 100-
metre radius surrounding the well (WHPA-A), 2 year travel time for
water to enter the well (WHPA-B), and 5 year travel time for water to
enter the well (WHPA-C).
3) The degree of vulnerability of a WHPA is represented in Schedule A by
a vulnerability score. The vulnerability score can range from 1 to 10,
with 10 being the most vulnerable.
4.26.2 USE PROHIBITION AND REGULATIONS WITHIN VULNERABLE AREAS
1) Notwithstanding the land uses permitted by the underlying zone
category in this By-law, any land use, except a solely residential land
use that involves one of the following significant drinking water threats
activities within vulnerable areas identified on Schedule A to this By-law,
shall be prohibited until it is determined by the Municipality's Risk
Management Official that the use does not represent a significant
drinking water threat or a Section 59 Notice has been issued in
accordance with the Clean Water Act, 2006:
i.
Waste disposal sites within the meaning of Part IV of the
Environmental Protection Act.
ii.
The establishment, operation or maintenance of a system that
collects, stores, transmits, treats or disposes of sewage.
iii.
The application of agricultural source material to land.
iv.
The storage of agricultural source material.
v.
The management of agricultural source material.
vi.
The application of non-agricultural source material to land.
vii.
The handling and storage of non-agricultural source material.
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viii.
The application of commercial fertilizer to land.
ix.
The handling and storage of commercial fertilizer.
x.
The application of pesticide to land.
xi.
The handling and storage of pesticide.
xii.
The application of road salt.
xiii.
The handling and storage of road salt.
xiv.
The storage of snow.
xv.
The handling and storage of fuel.
xvi.
The handling and storage of a dense non-aqueous phase liquid
(excluding
incidental
volumes
for
personal/domestic
use).
Notwithstanding the foregoing and to ensure consistency with the
Kettle Creek Source Protection Plan, the handling and storage of
such liquid with no exceptions shall be prohibited in WHPA-A, WHPA-
B and WHPA-C as shown on Schedule A, Map 60, being the
Wellhead Protection Area surrounding the municipal drinking water
well of Belmont in the adjacent Municipality of Central Elgin.
xvii.
The handling and storage of an organic solvent.
xviii.
The management of runoff that contains chemicals used in the de-
icing of aircraft.
xix.
The use of land as livestock grazing or pasturing land, an outdoor
confinement area or farm-animal yard.
xx.
An activity that takes water from an aquifer or a surface water body
without returning the water taken to the same aquifer or surface water
body.
xxi.
An activity that reduces the recharge of an aquifer.
4.26.3 SEPTIC SYSTEMS WITHIN VULNERABLE AREAS
1) Notwithstanding any other provision of this By-law to the contrary, the following
shall apply to WHPAs with a vulnerability score of 10 as identified on Schedule
A:
i.
Any use, building or structure that requires a new septic system to be
located within a WHPA with a vulnerability score of 10 shall be
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prohibited.
ii.
4.26.3 1) i. shall not apply to new septic systems required for a
municipal water supply well.
4.27
SWIMMING POOLS
4.27.1 PRIVATE OPEN SWIMMING POOLS
Notwithstanding any other provision of this By-Law to the contrary, the following
provisions shall apply with respect to the erection or use of any private open
swimming pool not enclosed or otherwise located within a building:
(1)
No private open swimming pools or related structures shall be permitted
anywhere within the zoned area except:
(a)
in an interior side yard or rear yard on a lot containing a permitted
dwelling unit; or
(b)
in any yard other than a required yard on a lot containing a permitted
hotel/motel or club.
(2)
No interior wall surface of any open swimming pool, nor any related structure
other than a fence, shall be located closer than 1.5 metres to any lot line or
closer to any street than the setback required therefrom.
(3)
No water circulating or treatment equipment such as pumps or filters or any
accessory building or structure containing such equipment, shall be located
closer than 1 metre to any lot line.
(4)
No part of any open swimming pool shall be greater than 2 metres in height,
exclusive of related structures which shall not exceed 5 metres in height. For
the purpose of this Subsection of the By-Law, related structures include hot
tubs, saunas, pump houses and changerooms.
(5)
All open swimming pools shall be enclosed in accordance with the
Municipality's By-Law governing the erection and maintenance of fences and
gates around private outdoor open swimming pools.
4.27.2 LOT COVERAGE EXEMPTION
Notwithstanding any other provisions of this By-Law to the contrary, no open
swimming pools, decks or any other related structures shall be considered part of
the lot coverage of a lot, but where a swimming pool is enclosed within a building
or where a structure appurtenant to a swimming pool constitutes a building as
defined herein, such building shall comply with any lot coverage requirements set
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out herein for the zone in which such building is located, but shall be exempt from
the lot coverage requirements for accessory uses set out in Subsection 4.1.2
hereof.
4.27.3 INDOOR SWIMMING POOLS
Any swimming pool located within a building as defined herein shall comply with
the provisions for accessory uses set out in Subsection 4.1 hereof, where such
swimming pool is located within an accessory building, or with the zone
requirements set out herein for the zone in which such swimming pool is located,
where such swimming pool is located within a main building.
4.27.4 PUBLIC SWIMMING POOLS
Any public swimming pool and any related buildings or structures shall comply with
the zone requirements set out herein for the zone in which such swimming pool is
located.
4.27.5 COMPLIANCE WITH SWIMMING POOL BY-LAWS
All swimming pools shall comply with any by-laws of the Municipality specifically
regulating swimming pools.
4.28
TEMPORARY STRUCTURES
4.28.1 CONSTRUCTION USES
Nothing in this By-Law shall prevent the use of any part, other than a sight visibility
triangle, of any lot in any Zone for the erection of a legal temporary sign not greater
than 3 square metres in area, the excavation of soil or earth or the erection or use
of any temporary building or structure where such sign, excavation, building or
structure is directly incidental to, and necessary for, construction work on the same
lot or work relating to a public utility or a street including, but not so as to limit the
generality of the foregoing, a construction trailer, a tool shed, or a scaffold, but only
for so long as such building or structure is necessary for the work in progress and
until the work is completed or abandoned, and only while a valid building permit
for the said construction remains in force, where applicable and in accordance with
the Municipality's Sign By-Law.
4.28.2 MODEL HOMES
Model homes shall be permitted in all R1, R2 and R3 Zones subject to the
following:
(1)
the lands on which the model homes are to be constructed have received
draft plan approval under the Planning Act and the subdivision agreement
has been executed;
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(2)
the model homes shall comply with the provisions and regulations of this By-
Law upon registration of the plan of subdivision; and
(3)
the number of model homes for any draft approved plan of subdivision shall
not exceed the lesser of ten (10) dwelling units or ten percent (10%) of the
total number of lots.
4.29
USES PERMITTED IN LISTED ZONES
The uses listed in this Subsection shall be permitted in the listed Zones and subject to
specific regulations as follows:
USE
ZONE(S) WHERE PERMITTED
APPLICABLE
REGULATIONS
Accessory building, structure
or use
All Zones
Subsections 2.4, 2.6 and 4.1
Foster Homes
All Residential and Agricultural
Zones (restricted to a single unit
dwelling)
Subsection 2.160 and
regulations of applicable
Zone
Group Home Type 1
All Residential Zones (restricted
to a single unit dwelling)
Subsections 2.179 and 4.6
and regulations of applicable
Zone
Private Home Day Care
All Residential and Agricultural
Zones (restricted to a single unit
dwelling)
Subsection 2.96
Public Use
All Zones
Subsections 2.301 and 4.22
Wayside Pit or Quarry
All Agricultural Zones and
Extractive Industrial (EI) Zones
Subsections 2.287 and 4.30
Small Wind Energy
Generation System
All Agricultural, Industrial and
Institutional Zones
Subsections 2.390 and 4.31
4.30
USES PROHIBITED IN ALL ZONES
The following uses are prohibited throughout the zoned area, either alone or in conjunction
with other uses, unless specifically listed as a permitted use in a specific zone:
(1)
the making or establishment of pits and quarries;
(2)
the tanning or storage of uncured hides or skins;
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(3)
the boiling of blood, tripe, bones or soaps for commercial purposes;
(4)
the manufacturing of glue or fertilizers from dead animals or from human or animal
waste;
(5)
an abattoir, livestock yard, livestock exchange, or dead stock depot, except where
specifically listed herein as a permitted use in a specific zone;
(6)
the extracting of oil from fish;
(7)
a track for the driving, racing or testing of automobiles, motorcycles, snowmobiles or
any other motorized vehicles;
(8)
a salvage or scrap yard, or the collection, storage or sale of:
(a) automobiles which are not in running condition,
(b) partially or completely dismantled automobiles or other vehicles, or
(c) parts of automobiles or other vehicles;
except where any of (a), (b) or (c) above are accessory to a permitted automotive
use;
(9)
a disposal site for solid wastes;
(10) the refining, storage or use in manufacturing of coal oil, rock oil, fuel oil, natural gas,
propane, burning fluids, naphtha, bensole, benzine, gasoline, dynamite, dualin,
nitroglycerine, gun powder, petroleum or any other combustible, inflammable,
volatile or otherwise dangerous liquids, gasses or solid materials except where
specifically permitted hereby or in conjunction with a permitted industrial use. This
provision shall not apply to prevent the above ground storage of such substances in
an Agricultural "A" or "AGC" Zone, where such storage is incidental and accessory
to an agricultural use, or the use of natural gas, propane or fuel oil for domestic
purposes, such as heating and cooking, in conjunction with a residential use or for
commercial or industrial uses;
(11) an occupied vehicle for human habitation other than a mobile home or recreational
vehicle or trailer where specifically permitted;
(12) an airport;
(13) the keeping or raising of any livestock or poultry, including a kennel, on any lot or in
any building or structure except where agriculture is a permitted use. This provision
shall not prevent the keeping of up to three of any type of household pets such as
dogs, cats, gerbils, birds, etc.;
(14) any use which causes the emission of corrosive gasses, toxic gasses or radioactive
gasses or, into any zone other than an Industrial Zone, of electromagnetic fields,
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heat, glare, dust, dirt, fly ash or smoke, or which does not comply with emission
regulations as may be established from time to time by the Province of Ontario, the
Government of Canada, or any agencies thereof;
(15) the location or storage on any land for any purpose whatsoever any disused railroad
car or part thereof, street car or part thereof, truck body or part thereof, bus body or
part thereof, whether or not the same is situated on a foundation;
(16) use of any land or building, except those lands appropriately zoned for the repair or
servicing of any automobile unless such automobile is owned by and registered in
the name of an owner or occupant of such land or building;
(17) undertaking any but minor repairs and servicing such as the changing of tires or oil,
outside of a garage or other suitable building, on any automobile within the
Municipality, except on lands lawfully occupied and used for an automotive use;
(18) any establishment used as an adult entertainment parlour as defined in this By-Law;
(19) any form of the following:
(a) underground transmission of oil, gasoline, or other petroleum liquid products;
(b) wood preserving and treating;
(c) outdoor storage of road salt, or other de-icing materials and dumping of salt-
laden snow;
(d) petroleum production, refining and manufacturing;
(e) furniture and wood stripping and refinishing;
(f)
horticultural nurseries;
(g) peat extraction;
(h) intensive livestock operations;
(i)
landfills;
(j)
chemical/biological laboratory;
(k) chemical manufacturing/industrial areas;
(l)
electroplaters and metal fabricators;
(m) facilities generating, treating or disposing hazardous wastes;
(n) asphalt/concrete/tar plants;
(o) automobile junk yards;
(p) bulk fuel oil storage yards;
(q) car washes;
(r) cemeteries;
(s) dry cleaning facilities;
(t)
gasoline service stations;
(u) underground storage tanks.
4.31
WAYSIDE PITS
Any wayside pit or wayside quarry to be used for temporary public road works shall be
permitted in any Agricultural or Extractive Industrial (M3) Zone. Portable Asphalt plants
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shall also be permitted in these zones provided they are located no closer than 400 metres
to any dwelling unit and are only temporarily at the location.
4.32
WIND ENERGY GENERATION SYSTEMS
(1) A Small Wind Energy Generation System (SWEGS) shall be permitted accessory to
a permitted use in any Non-Residential Zone, subject to the following regulations:
(a) Minimum Lot Area
0.4 ha
(b) Maximum Height, measured from
the average finished grade at the base
of the tower to the furthest vertical
extension of the generating system
(typically the blade)
20 metres on lots between 0.4 ha and 2.0 ha
30 metres on lots between 2.0 ha and 8.0 ha
45 metres on lots 8.0 ha or greater
(c) Minimum setback from any
Residential Zone boundary and any
existing dwelling located on a separate
lot
90 metres
(d) Minimum setback from any lot line
and a dwelling located on the same lot
SWEGS height multiplied by 1.25
(e) Maximum number of small wind
energy generation systems per lot
1
(2) A Commercial Wind Energy Generation System (CWEGS) shall only be permitted
where listed as a permitted use in a Zone, subject to the following regulations:
(a) Maximum Height, measured
from the average finished
grade at the base of the tower
to the furthest vertical
extension of the generating
system (typically the blade)
120 metres
(b) Minimum setback from any
Residential Zone boundary
and any existing dwelling
located on a separate lot
600 metres
(c) Minimum setback from any lot
line and a dwelling located on
the same lot
250 metres
(d) Maximum number of
commercial wind energy
generating systems per lot
1
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(3) A Commercial Wind Energy Generation System (CWEGS) shall only be permitted
where listed as a permitted use in a Zone, subject to the following regulations:
(a) Maximum Height, measured
from the average finished
grade at the base of the tower
to the furthest vertical
extension of the generating
system (typically the blade)
120 metres
(b) Minimum setback from any
Residential Zone boundary
and any existing dwelling
located on a separate lot
600 metres
(c) Minimum setback from any lot
line and a dwelling located on
the same lot
250 metres
(4)
Nothing in this Subsection shall apply to prevent the use of a lot in any Zone for a
wind energy generation system or wind farm by a Public Utility licensed by the
Ontario Energy Board.
4.33
YARD ENCROACHMENTS AND OBSTRUCTIONS
(1)
No part of any required yard shall be obstructed by any building or structure except
one or more of the following:
(a) accessory buildings or structures specifically permitted in a required yard
elsewhere in this By-Law;
(b) architectural adornments including, but not necessarily limited to, sills, belt
courses, chimneys, cornices, eaves, gutters, parapets, pilasters and roof
trusses, projecting not more than one-half (0.5) metre into any required yard
except that no eaves of any building located within a residential zone shall be
located closer than one-half (0.5) metre to any lot line;
(c) functional and ornamental structures including, but not necessarily limited to,
drop awnings, clothes poles, ornamental fountains, statues, monuments,
cenotaphs, memorials, planters, garden trellis, fences, hedgerows and legal
signs;
(d) heat pumps, air conditioners, and/or air exchangers one and one-half (1.5)
metres into any required yard provided the projection is no closer than one (1.0)
metre to the lot line;
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(e) unenclosed fire escapes or outside staircases in which the stair steps and floors
are latticed in such a manner that the proportion of voids to solids is not less
than two to one and in which guards consist only of hand rails and the structural
members necessary to their support, and which do not project more than one
and one-half (1.5) metres into any required yard;
(f)
awnings, atriums, and bay windows projecting not more than one (1.0) metre
into any required yard and which do not project into any required sight visibility
triangle;
(g) balconies, open roofed porches and uncovered terraces or decks projecting not
more than two and one-half (2.5) metres into any required front yard, exterior
side yard, or rear yard, and which do not project into any required sight visibility
triangle.
(2)
No part of any building or structure on any lot shall project beyond the lot line or
street line of such lot.
4.34
YARD REQUIREMENTS - EXTERIOR SIDE YARD CONDITION
Notwithstanding the minimum exterior side yard requirements of this By-Law, when a
corner lot is sited so that its rear lot line abuts an adjacent residential interior side yard,
the exterior side yard shall be subject to the regulations of a front yard. When a corner lot
is sited so that its rear lot line abuts an adjacent rear lot line or a non-residential interior
side yard, the exterior side yard shall be subject to the regulations of an interior side yard.
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SECTION 5.
AGRICULTURAL (A) ZONE
5.1 SCOPE
The provisions of this Section shall apply in all Agricultural (A) Zones except as otherwise
provided in the Special Provisions Subsection of this Section.
5.2 PERMITTED USES
No person shall within any Agricultural (A) Zone, use any lot or erect, alter or use any building
or structure for any purpose except for one or more of the following A Zone uses, namely:
(1)
agricultural use;
(2)
agricultural home occupation subject to Subsection 4.8;
(3)
an intensive livestock agricultural use subject to Subsection 5.4.2, including the
application of liquid manure;
(4)
bed and breakfast establishment subject to Subsection 4.2;
(5)
existing cemetery;
(6)
existing dwelling;
(7)
existing mobile home;
(8)
farm greenhouse subject to Subsection 4.5;
(9)
farm sales outlet subject to Subsection 5.4.3;
(10) forestry uses excluding any establishments that either process forestry products or sell
processed forestry products such as lumber yards;
(11) kennel, subject to Subsection 4.11;
(12) landing strip;
(13) new or expanding mushroom farm, subject to Subsection 5.4.4;
(14) nursery and garden store;
(15) riding school;
(16) seasonal farm dwellings in accordance with Subsection 5.4.5;
(17) single detached dwelling including a dwelling on an undersized lot in accordance with
Subsection 5.4.7;
(18) specialty farm subject to Subsection 5.4.6;
(19) wildlife preserve;
(20) works of a Conservation Authority.
5.3 REGULATIONS
No person shall, within any Agricultural (A) Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(1)
Lot Area (minimum)
40.0 ha
(2)
Lot Frontage (minimum)
150.0 m
(3)
Front and Exterior Side Yard Depth (minimum)
25.0 m
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(4)
Interior Side Yard Width (minimum)
15.0 m
(5)
Rear Yard Depth (minimum)
15.0 m
(6)
Lot Coverage (maximum)
20% of lot area
(7)
Building Height (maximum)
10.0 m
(8)
Landscaped Open Space (minimum)
30% of lot area
(9)
Number of Dwellings Per Lot (maximum)
1 only
5.4 SPECIAL USE REGULATIONS
5.4.1 INTENSIVE AGRICULTURAL USES - MINIMUM DISTANCE SEPARATION (MDS)
No non-residential building or structure directly associated with an intensive agricultural
use shall be established and no building or structure for such use shall be erected or
altered or expanded unless it complies with the Minimum Distance Separation (MDS II)
calculation using Schedule "C" to this By-Law. In no case shall the separation distances
required by this Subsection provide relief from meeting the minimum setback requirements
of Subsection 5.4.1.
5.4.2 FARM SALES OUTLET
Seasonal farm produce display for sale is restricted to a maximum of 95 square metres
including both floor area and outside display and shall be set back from the front lot line a
minimum of 15 metres for a building or structure that is erected so not to be moved and
7.5 metres for a building or structure that is portable and removed at the end of the growing
season.
5.4.3 NEW OR EXPANDING MUSHROOM FARMS
New and expanding mushroom farms shall be permitted only by amendment to this by-
law, and shall be subject to all of the provisions of this by-law and the following setbacks:
(1)
fifty (50) metres from any lot line, except that stockpiles of waste, manure, fertilizers,
or composts may be a minimum of thirty (30) metres from any lot line, except where
any other provision of this By-Law requires a greater setback;
(2)
three-hundred (300) metres from a dwelling on a separate lot, measured from the
nearest main wall of the dwelling to the nearest point of any stockpile of waste,
manure, fertilizers or composts or, in the case of a building or structure directly
associated with the mushroom growing operation, measured to the nearest main
wall of said building or structure;
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(3)
three-hundred (300) metres from an Institutional (I) Zone, measured from the nearest
point along the Zone boundary to the nearest point of any stockpile of waste,
manure, fertilizers or composts or, in the case of a building or structure directly
associated with the mushroom growing operation, measured to the nearest main
wall of said building or structure;
(4)
three hundred (300) metres from a Hamlet Residential (HR) Zone, measured from
the nearest point along the Zone boundary to the nearest point of any stockpile of
waste, manure, fertilizers or composts or, in the case of a building or structure
directly associated with the mushroom growing operation, measured to the nearest
main wall of said building or structure;;
(5)
five-hundred (500) hundred metres from a Residential "R1", "R2", or "R3" Zone,
measured from the nearest point along the Zone boundary to the nearest point of
any stockpile of waste, manure, fertilizers or composts or, in the case of a building
or structure directly associated with the mushroom growing operation, measured to
the nearest main wall of said building or structure;
(6)
one hundred and fifty (150) metres from a watercourse, measured from the nearest
point along the edge of the watercourse to the nearest point of any stockpile of waste,
manure, fertilizers or composts or, in the case of a building or structure directly
associated with the mushroom growing operation, measured to the nearest main
wall of said building or structure.
5.4.4 ACCESSORY DWELLING / SEASONAL FARM DWELLING / MOBILE HOME
Any accessory dwelling, seasonal farm dwelling or mobile home shall only be permitted
subject to a Temporary Use By-law passed by Council of the Municipality pursuant to
Section 39 of the Planning Act, as amended from time to time, and where permitted by
such a Temporary Use By-law, shall be subject to all the provisions of this By-law.
5.4.5 SPECIALTY FARMS
Notwithstanding the minimum lot area regulations in Clause 1 of Subsection 5.3, a
specialty farm may have a minimum lot area of 10 hectares. A specialty farm is restricted
to agricultural operators of specialty crops.
5.4.6 UNDERSIZED LOTS
(1)
On an existing undersized lot complying with the conditions of Subsection 4.18.3 or
on a lot legally created subsequent to the passage of this By-Law, a maximum of
one single detached dwelling shall be permitted whether or not it is accessory to a
permitted agricultural use. Such dwelling shall be located no closer than 300 metres
from any livestock buildings and/or manure storage facility on any lot containing an
existing intensive agricultural use, and shall be subject to the following requirements:
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(a) Front and Exterior Side Yard Depth (minimum)
10.0 m
(b) Interior Side Yard Width (minimum)
4.0 m
(c) Rear Yard Depth (minimum)
10.0 m
(d) Lot Coverage (maximum)
20% of lot area
(2)
Dwellings shall not be erected or used except in accordance with Schedule "B",
Minimum Distance Separation I (MDS I) to this By-Law. The foregoing shall not
apply to the alteration of existing dwellings or the replacement of an existing dwelling
with a new dwelling on the same foundation thereof.
(3)
Notwithstanding Subsection 5.4.5 of this By-Law to the contrary, a seasonal farm
dwelling shall not be permitted on any undersized lot.
5.5 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "A" Zone. If a regulation or use is not specified, the permitted uses of Subsection
5.2 and the regulations of Subsections 5.3 and 5.4 shall apply.
5.5.1 A-1
(1)
Defined Area
A-1 as shown on Schedule "A" Map No. 2 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-1 Zone in addition to the uses specified in
Subsection 5.2:
(a) automobile service station;
(b) body shop;
(c) vehicle repair garage;
(d) vehicle service shop.
(3)
Regulations
(a) Rear Yard Depth (minimum)
(i) automotive use
2.0 m
(b) Floor Area (maximum)
(i) automotive use
220 m2
(c) Number of Driveways (maximum)
1
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(d) Driveway Width (maximum)
30.0 m
(e) Garbage Storage Bins
The maximum number of garbage storage bins shall be limited to one (1) per
lot and shall be located behind the rear wall of the automobile service station
and/or vehicle service shop or an extension thereof.
(f)
Open Storage
Open storage accessory to an automotive use shall be confined to the area
behind the rear wall of the automobile service station, body shop, vehicle repair
garage and/or vehicle service shop.
(g) Parking
Parking areas accessory to an automotive use shall be aligned along the rear
lot line.
(h) Buffer Strip
A continuous planting strip with a minimum height of two (2.0) metres, and
capable of providing a continuous year-round visual screen, shall be maintained
along the southerly lot line.
(i)
Signage
Signage accessory to an automotive use shall be limited to one (1) pole
mounted non-luminous sign not exceeding a maximum area of 2,000 cm2 per
side and a maximum height of 1.5 metres.
(j)
Hours of Operation
The hours of operation for an automotive use in the A-1 Zone shall be restricted
to the following:
(i) between the hours of 7:00 a.m. and 6:00 p.m. Mondays to Fridays;
(ii) between the hours of 7:00 a.m. and 12:00 p.m. on Saturdays.
5.5.2 A-2
(1)
Defined Area
A-2 as shown on Schedule "A" Map No. 4 to this By-Law.
(2)
Regulations
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(a) Minimum Lot Frontage 137 m
(b) Minimum Lot Area 22 ha
5.5.3 A-3
(1)
Defined Area
A-3 as shown on Schedule "A" Map 45 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 5.2, the permitted uses of
the A-3 Zone shall be limited to the following:
(a) truck terminal as an on-farm diversified use
(3)
Regulations
(a) number of trucks (maximum)
6
5.5.4 A-4
(1)
Defined Area
A-4 as shown on Schedule "A" Map No. 11 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-4 Zone in addition to the uses specified in
Subsection 5.2:
(a) existing barn.
(3)
Regulations
(a) Floor Area (maximum)
(i)
existing barn
145 m2
5.5.5 A-5
(1)
Defined Area
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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A-5 as shown on Schedule "A" Map No. 13 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 5.2, the permitted uses in
the A-5 Zone shall be limited to the following:
(a) accessory uses, buildings or structures, excluding the keeping, raising,
breeding, or care of livestock, subject to Subsection 4.1;
(b) agricultural home occupation subject to Subsection 4.8;
(c) bed and breakfast establishment;
(d) forestry uses excluding any establishments that either process forestry products
or sell processed forestry products such as lumber yards;
(e) nursery and garden store.
5.5.6 A-6
(1)
Defined Area
A-6 as shown on Schedule "A" Map No. 14 and 19 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 5.2, the permitted uses in
the A-6 Zone shall be limited to the following:
(a) accessory uses, buildings or structures, subject to Subsection 4.1;
(b) agricultural use;
(c) forestry uses excluding any establishments that either process forestry products
or sell processed forestry products such as lumber yards;
(d) riding school;
(e) wayside pit or quarry, subject to Subsection 4.30.
5.5.7 A-7
(1)
Defined Area
A-7 as shown on Schedule "A" Map No. 17 to this By-Law.
(2)
Regulations
The minimum separation distance between a dwelling located in the A-7 Zone and
a livestock building or structure on an adjacent lot shall be 250 metres measured
from the nearest main wall of the dwelling to the nearest main wall of the livestock
building or structure.
5.5.8 A-8
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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(1)
Defined Area
A-8 as shown on Schedule "A" Map No. 25 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-8 Zone in addition to the uses specified in
Subsection 5.2:
(a) industrial use, non-effluent producing, in an existing building.
5.5.9 A-9
(1)
Defined Area
A-9 as shown on Schedule "A" Map No. 22 to this By-Law.
(2)
Regulations
(a) Interior Side Yard Width (minimum)
5.0 m
for existing single detached dwelling
5.5.10 A-10
(1)
Defined Area
A-10 as shown on Schedule "A" Map No. 19 to this By-Law.
(2)
Regulations
(a) Floor Area for Accessory Buildings (maximum)
360 m2
5.5.11 A-11
(1)
Defined Area
A-11 as shown on Schedule "A" Map No. 28 to this By-Law.
(2)
Regulations
(a) Interior Side Yard Width (minimum)
5.0 m
5.5.12 A-12
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
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(1)
Defined Area
A-12 as shown on Schedule "A" Map No. 27 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-12 Zone in addition to the uses specified
in Subsection 5.2:
(a) non-ferrous metal recycling facility contained in one (1) building.
(3)
Regulations
(a) Floor Area (maximum)
(i)
building for a non-ferrous metal recycling facility
265 m2
(b) Signage
Signage accessory to a building for a non-ferrous metal recycling facility shall
be limited to one (1) non-luminous sign indicating the name and business of the
occupant and not exceeding a maximum area of 2,000 cm2 per side.
(c) Open Storage
Open storage accessory to a non-ferrous metal recycling facility shall be
permitted in a required rear yard.
5.5.13 A-13
(1)
Defined Area
A-13 as shown on Schedule "A" Map No. 27 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 5.2, the permitted uses in
the A-13 Zone shall be limited to the following:
(a) accessory use in an existing building;
(b) automobile service station in an existing building;
(c) body shop in an existing building;
(d) vehicle repair garage in an existing building;
(e) vehicle service shop in an existing building.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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5.5.14 A-14
(1)
Defined Area
A-14 as shown on Schedule "A" Map No. 27 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-14 Zone in addition to the uses specified
in Subsection 5.2:
(a) industrial use, non-effluent producing.
(3)
Regulations
(a) Floor Area (maximum)
(i)
industrial use, non-effluent producing
100 m2
(b) Signage
Signage accessory to an industrial use, non-effluent producing, shall be limited
to one (1) sign not exceeding a maximum area of 2.5 m2 per side and a
maximum height of six (6.0) metres.
5.5.15 A-15
(1)
Defined Area
A-15 as shown on Schedule "A" Map No. 48 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-15 Zone in addition to the uses specified
in Subsection 5.2:
(a)
automobile service station;
(b)
body shop;
(c)
bulk sales establishment;
(d)
contractor's yard or shop;
(e)
industrial use;
(f)
service shop;
(g)
vehicle repair garage
(h)
vehicle service shop;
(i)
warehouse.
5.5.16 A-16
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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(1)
Defined Area
A-16 as shown on Schedule "A" Map No. 54 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-16 Zone in addition to the uses specified
in Subsection 5.2:
(a)
custom workshop.
5.5.17 A-17
(1)
Defined Area
A-17 as shown on Schedule "A" Map No. 31 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-17 Zone in addition to the uses specified
in Subsection 5.2:
(a) market garden.
5.5.18 A-18
(1)
Defined Area
A-18 as shown on Schedule "A" Map No. 32 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-18 Zone in addition to the uses specified
in Subsection 5.2:
(a) service shop.
5.5.19 A-19
(1)
Defined Area
A-19 as shown on Schedule "A" Map No. 63 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 5.2, the permitted uses in
the A-19 Zone shall be limited to the following:
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
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(a) accessory building, structure or use;
(b) contractor's yard or shop;
(c) single detached dwelling.
5.5.20 A-20
(1)
Defined Area
A-20 as shown on Schedule "A" Map No. 53 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-20 Zone in addition to the uses specified
in Subsection 5.2:
(a) contractor's yard or shop.
5.5.21 A-21
(1)
Defined Area
A-21 as shown on Schedule "A" Map No. 54 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 5.2, the permitted uses in
the A-21 Zone shall be limited to the following:
(a)
agricultural use
(b)
forestry uses excluding any establishments that either process forestry
products or sell processed forestry products such as lumber yards;
(c)
portable asphalt plant;
(d)
riding school;
(e)
wayside pit or quarry, subject to Subsection 4.30;
(f)
wildlife preserve;
(g)
winery, farm fruit, subject to Subsection 7.4.1.
(3)
Regulations
(a) Lot Area (minimum)
83 ha
5.5.22 A-22
(1)
Defined Area
A-22 as shown on Schedule "A" Map No. 55 and 57 to this By-Law.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 5 - Agricultural (A) Zone
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(2)
Permitted Uses
The following uses are permitted in the A-22 Zone in addition to the uses specified
in Subsection 5.2:
(a)
parking and repair of trucks for commercial haulage.
(3)
Regulations
(a) Number of Trucks (maximum)
3
5.5.23 A-23
(1)
Defined Area
A-23 as shown on Schedule "A" Map No. 31 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 5.2, the permitted uses in
the A-23 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
agricultural home occupation;
(c)
bed and breakfast establishment;
(d)
single detached dwelling.
5.5.24 A-24
(1)
Defined Area
A-24 as shown on Schedule "A" Map No. 59 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-24 Zone in addition to the uses specified
in Subsection 5.2:
(a) parking and repair of trucks for commercial haulage.
5.5.25 A-25
(1)
Defined Area
A-25 as shown on Schedule "A" Map No. 61 to this By-Law.
(2)
Permitted Uses
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 5 - Agricultural (A) Zone
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The following uses are permitted in the A-25 Zone in addition to the uses specified
in Subsection 5.2:
(a) agricultural equipment sales and service establishment;
(b) contractor's yard or shop.
5.5.26 A-26
(1)
Defined Area
A-26 as shown on Schedule "A" Map No. 62 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-26 Zone in addition to the uses specified
in Subsection 5.2:
(a) agricultural equipment sales and service establishment;
(b) grain elevator and drying facility.
5.5.27 A-27
(1)
Defined Area
A-27 as shown on Schedule "A" Map No. 61 and 65 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-27 Zone in addition to the uses specified
in Subsection 5.2:
(a) automobile service station in an existing building;
(b) body shop in an existing building;
(c) vehicle repair garage in an existing building;
(d) vehicle service shop in an existing building.
5.5.28 A-28
(1)
Defined Area
A-28 as shown on Schedule "A" Map No. 57 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-28 Zone in addition to the uses specified
in Subsection 5.2:
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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(a) parking and repair of trucks for commercial haulage behind an existing single
detached dwelling.
(3)
Regulations
(a) Number of Trucks (maximum)
6
5.5.29 A-29
By-law 12-2016
(1)
Defined Area
(Amendment)
A-29 as shown on Schedule "A" Map No. 54 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 5.2, the permitted uses of
the A-29 Zone shall be limited to the following:
(a)
marine sales and service;
(b)
single detached dwelling;
(c)
vehicle sales or rental establishment;
(d)
vehicle service shop;
(e)
truck terminal.
(3)
Regulations
(a)
Rear Yard Depth (minimum)
5 m
5.5.30 A-30
(1)
Defined Area
A-30 as shown on Schedule "A" Map No. 54 to this By-Law.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 125
(2)
Permitted Uses
The following uses are permitted in the A-30 Zone in addition to the uses specified
in Subsection 5.2:
(a)
parking and repair of trucks for commercial haulage behind an existing single
detached dwelling.
(3)
Regulations
(a)
Number of Trucks (maximum)
3
(b)
Number of Trailers (maximum)
1
5.5.31 A-31
(1)
Defined Area
A-31 as shown on Schedule "A" Map No. 43 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 5.2, the permitted uses in
the A-31 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
agricultural home occupation, subject to Subsection 4.8;
(c)
agricultural use, excluding the breeding, raising and care of livestock;
(d)
assembly hall;
(e)
bed and breakfast establishment;
(f)
forestry uses excluding any establishments that either process forestry
products or sell processed forestry products such as lumber yards;
(g)
nursery and garden store;
(h)
place of worship;
(i)
single detached dwelling.
(3)
Regulations
(a)
Lot Area (minimum)
17 ha
5.5.32 A-32
(1)
Defined Area
A-32 as shown on Schedule "A" Map No. 28 to this By-Law.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 126
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 5.2 and the regulations of
Subsection 5.3 (9) to the contrary, the permitted uses in the A-32 Zone shall include
two single unit dwellings in addition to the uses permitted in the A Zone.
5.5.33 A-33
(1)
Defined Area
A-33 as shown on Schedule "A" Map No. 28 to this By-Law.
(2)
Regulations
(a)
Minimum Side Yard for Buildings Existing as of July 1, 2003
10 m.
5.5.34 A-34
(1)
Defined Area
A-34 as shown on Schedule "A" Map No. 53 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 5.2 and the regulations of
Subsection 5.3 (9) to the contrary, the permitted uses in the A-34 Zone shall include
a multiple-unit dwelling containing a maximum of two dwelling units in addition to the
uses permitted in the A Zone.
5.5.35 A-35
(1)
Defined Area
A-35 as shown on Schedule "A" Map No. 18 to this By-Law.
(2)
Regulations
(a)
Lot Area (minimum)
3.5 ha
(b)
Lot Frontage (minimum)
50 m
(c)
Side Yard (minimum)
50 m.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 5 - Agricultural (A) Zone
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5.5.36 A-36
(1)
Defined Area
A-36 as shown on Schedule "A" Map No. 10 to this By-Law.
(2)
Regulations
(a)
Lot Area (minimum)
28 ha
(b)
Lot Frontage (minimum)
50 m
(c)
Side Yard (minimum)
50 m.
5.5.37 A-37
(1)
Defined Area
A-37 as shown on Schedule "A" Map No. 12 to this By-Law.
(2)
Permitted Uses
The permitted uses in the A-37 Zone shall include one (1) 80 Kilowatt small wind
energy generation system in accordance with the provisions of Subsection 4.31 (1)
and this section.
(3)
Regulations
(a)
Maximum height, measured from the
50 m.
average finished grade at the base
of the tower to the furthest vertical
extension of the generating system
(typically the blade)
(5.5.38 A-38 - Deleted by By-law No. 40-2023)
5.5.39 A-39
(1)
Defined Area
A-39 as shown on Schedule "A" Map No. 7 to this By-Law.
(2)
Regulations
(b)
Lot Area (minimum) 30 ha.
By-Law # 54-2008
(addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 128
5.5.38 A-40
(1)
Defined Area
A-40 as shown on Schedule "A" Map No. 1 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the A-40 Zone in addition to the uses specified
in Subsection 5.2:
(a)
a single-detached residential dwelling subject to the issuance of a permit from
the Upper Thames River Conservation Authority.
5.5.41 A-41
By-law 62-2010
(1)
Defined Area
(addition)
A-4 as shown on Schedule (A), Map 29 to this By-law.
(2)
Minimum Lot Area
0.3 ha
5.5.42 A-42
By-law 64-2010
(1)
Defined Area
(addition)
A-42 as shown on Schedule (A), Map 59 to this By-law
(2)
Minimum Lot Area
10 ha
5.5.43 A-43
By-law 98-2013
(Addition)
1. Defined Area
A-43 as shown on Schedule (A), Map 9 to this By-law
2. Permitted Uses
Notwithstanding the permitted uses listed in Section 5.2, the permitted uses in the A-
43 Zone shall be limited to the following:
(1)
agricultural use;
(2)
an intensive livestock agricultural use subject to Subsection 5.4.2,
including the application of liquid manure;
OMB Decision
No. 2682
(addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 129
(3)
farm greenhouse subject to Subsection 4.5;
(4)
farm sales outlet subject to Subsection 5.4.3;
(5)
forestry uses excluding any establishments that either process forestry
products or sell processed forestry products such as lumber yards;
(6)
landing strip;
(7)
new or expanding mushroom farm, subject to Subsection 5.4.4;
(8)
nursery and garden store;
(9)
riding school;
(10)
specialty farm subject to Subsection 5.4.6;
(11)
wildlife preserve;
(12)
works of a Conservation Authority
3. Regulations
The regulations contained in Section 5.3 apply to these lands.
5.5.44 A-44
By-law 46-2014
(1)
Defined Area
(addition)
A-44 as shown on Schedule (A), Map 15 to this By-law
(2)
Prohibited Agricultural Home Occupations
Notwithstanding the prohibited agricultural home occupations, listed in Section
4.8 (6), automotive or vehicle repair or servicing shall be permitted in the A-44
Zone as a Home Occupation; subject to all other regulations governing
Agricultural Home Occupations in Section 4.8, and in addition to all other use
permitted in the Agricultural (A) Zone.
5.5.45 A-45
(1)
Defined Area
(a) A-45 as shown on Schedule "A", Map 15 to this By-law
(b) A-45 as shown on Schedule "A", Map 14 to this By-law
(c) A-45 as shown on Schedule "A" Map 10 to this By-law
(d) A-45 as shown on Schedule "A" Map 10 to this By-law
(e) A-45 as shown on Schedule "A" Map 33 to this By-law
(f) A-45 as shown on Schedule "A" Map 32 to this By-law
(g) A-45 as shown on Schedule "A" Map 22 to this By-law
(h) A-45 as shown on Schedule "A" Map 48 to this By-law
(i) A-45 as shown on Schedule "A" Map 40 to this By-law
(j) A-45 as shown on Schedule "A" Map 7 to this By-law
(k) A-45 as shown on Schedule "A" Map 7 to this By-law
(l) A-45 as shown on Schedule "A" Map 15 to this By-law
(m)
A-45 as shown on Schedule "A" Map 32 to this By-law
(n) A-45 as shown on Schedule "A" Map 15 to this By-law
(o) A-45 as shown on Schedule "A'" Map 13 to this By-law
(p) A-45 as shown on Schedule "A" Map 12 to this By-law
(a)
By-law 102-2015
addition
(b)
By-law 103-2015
addition
(c)
By-law 24-2016
addition
(d)
By-law 38-2016
addition
(e)
By-law 36-2016
addition
(f)
By-law 51-2016
addition
(g)
By-law 52-2016
addition
(h)
By-law 53-2016
addition
(i)
By-law 54-2016
addition
(j)
By-law 63-2016
addition
(k)
By-law 64-2016
addition
(l)
By-law 66-2016
addition
(m)
By-law 73-2016
addition
(n)
By-law 74-2016
addition
(o)
By-law 75-2016
addition
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 130
(q) A-45 as shown on Schedule "A" Map 7 to this By-law
(r)A-45 as shown on Schedule "A'" Map 6 to this By-law
(s)A-45 as shown on Schedule "A" Map 8 to this By-law
(t)A-45 as shown on Schedule "A" Map 43 to this By-law
(u)A-45 as shown on Schedule "A" Map 10 to this By-law
(v)A-45 as shown on Schedule "A" Map 47 to this By-law
(w)A-45 as shown on Schedule "A" Map 7 to this By-law
(x)A-45 as shown on Schedule "A" Map 8 to this By-law
(y)A-45 as shown on Schedule "A" May 20 to this By-law
(z)A-45 as shown on Schedule "A" Map 25 to this By-law
(aa)A-45 as shown on Schedule "A" Map 12 to this By-law
(ab)A-45 as shown on Schedule "A" Map 12 to this By-law
(ac)A-45 as shown on Schedule "A" Map 6 to this By-law
(ad)A-45 as shown on Schedule "A" Map 62 to this By-law-By-law 102-2017
(ad) A-45 as shown on Schedule "A" Map 62 to this By-law-By-law 17-2018
(ae) A-45 as shown on Schedule "A" Map 3 to this By-law
(af) A-45 as shown on Schedule "A" Map 13 to this By-law
(ag) A-45 as shown on Schedule "A" Map 23 to this By-law
(ah) A-45 as shown on Schedule "A" Map 17 to this By-law
(ai) A-45 as shown on Schedule "A" Map 32 to this By-law
(ak) A-45 as shown on Schedule "A" Map 10 to this By-law-By-law 53-2018
(ak) A-45 as shown on Schedule "A" Map 10 to this By-law-Bylaw 54-2018
(al) A-45 as shown on Schedule "A" Map 17 to this By-law
(am) A-45 as shown on Schedule "A", Map 23 to this Bylaw
(an) A-45 as shown on Schedule "A", Map 54 to this By-law
(ao) A-45 as shown on Schedule "A", Map 6 to this By-law
(ap) A-45 as shown on Schedule "A", Map 32 to this By-law
(ap) A-45 as shown on Schedule "A", Map 6 to this By-law
(aq) A-45 as shown on Schedule "A", Map 65 to this By-law
(aq) A-45 as shown on Schedule "A, Map 44 to this By-law
(ar) A-45 as shown on Schedule "A", Map 20 to this By-law
(as) A-45 as shown on Schedule "A", Map 25 to this By-law
(as) A-45 as shown on Schedule "A", Map 3 to this By-law
(at) A-45 as shown on Schedule "A", Map 14 to this By-law
(at) A-45 as shown on Schedule "A", Map 62 to this By-law
(au) A-45 as shown on Schedule "A", Map 53 to this By-law
(av) A-45 as shown on Schedule "A", Map 27 to this By-law
(aw) A-45 as shown on Schedule "A", Map 30 to this By-law
(ax) A-45 as shown on Schedule "A", Map 53 to this By-law
(ay) A-45 as shown on Schedule "A", Map 7 to this By-law
(az) A-45 as shown on Schedule "A", Map 18 to this By-law
(aaa) A-45 as shown on Schedule "A", Map 16 to this By-law
(aab) A-45 as shown on Schedule "A", Map 27 to this By-law
(aac) A-45 as shown on Schedule "A", Map 56 to this By-law
(aad) A-45 as shown on Schedule "A", Map 19 to this By-law
(aae) A-45 as shown on Schedule "A", Map 2 to this By-law
(aaf) A-45 as shown on Schedule "A", Map 4 to this By-law
(p)
By-law 81-2016
addition
(q)
By-law 82-2016
addition
(r)
By-law 83-2016
addition
(s)
By-law 96-2016
addition
(t)
By-law 97-2016
addition
(u)
By-law 107-2016
addition
(v)
By-law 117-2016
addition
(w)
By-law 118-2016
addition
(x)
By-law 53-2017
addition
(y)
By-law 64-2017
addition
(z)
By-law 85-2017
addition
(aa)
By-law 94-2017
addition
(ab)
By-law 95-2017
addition
(ac)
By-law 103-2017
addition
(ad)
By-law 102-2017
addition
(ad)
By-law 17-2018
addition
(ae)
By-law 27-2018
addition
(af)
By-law 34-2018
addition
(ag)
By-law 35-2018
addition
(ah)
By-law 44-2018
addition
(ai)
By-law 52-2018
addition
(ak)
By-law 53-2018
addition
(ak)
By-law 54-2018
addition
(al)
By-law 65-2018
addition
(am)
By-law 76-2018
addition
(an)
By-law 87-2018
addition
(ao)
By-law 17-2019
addition
(ap)
By-law 23-2019
addition
(ap)
By-law 32-2019
addition
(aq)
By-law 31-2019
addition
(aq)
By-law 36-2019
addition
(ar)
By-law 33-2019
addition
(as)
By-law 44-2019
addition
(as)
By-law 53-2019
addition
(at)
By-law 90-2019
addition
(at)
By-law 96-2019
addition
(au)
By-law 89-2019
addition
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 131
(aag) A-45 as shown on Schedule "A", Map 43 to this By-law
(aah) A-45 as shown on Schedule "A", Map 18 to this By-law
(aai) A-45 as shown on Schedule "A", Map 65 to this By-law
(aaj) A-45 as shown on Schedule "A", Map 51 to this By-law
(aak) A-45 as shown on Schedule "A", Map 19 to this By-law
(aal) A-45 as shown on Schedule "A", Map 24 to this By-law
(aam) A-45 as shown on Schedule "A", Map 3 to this By-law
(aan) A-45 as shown on Schedule "A", Map 31 to this By-law
(aao) A-45 as shown on Schedule "A", Map 57 to this By-law
(aap) A-45 as shown on Schedule "A", Map 3 to this By-law
(aaq) A-45 as shown on Schedule "A", Map 9 to this By-law
(aar) A-45 as shown on Schedule "A", Map 6 to this By-law
(aas) A-45 as shown on Schedule "A", Map 53 to this By-law
(aat) A-45 as shown on Schedule "A", Map 13 to this By-law
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Section 5.2 of this By-law, the
permitted uses of the A-45 Zone shall be limited to the following:
(a)
agricultural use, excluding any residential uses;
(b)
an intensive livestock agricultural use subject to Subsection 5.4.2, including
the application of manure, excluding any residential uses;
(c)
farm greenhouse subject to Subsection 4.5, excluding any residential uses;
(d)
farm sales outlet subject to Subsection 5.4.3;
(e)
forestry uses excluding any establishments that either process forestry
products or sell processed forestry products such as lumber yards;
(f)
kennel, subject to Subsection 4.11;
(g)
landing strip;
(h)
new or expanding mushroom farm, excluding any residential uses, subject to
Subsection 5.4.4;
(i)
nursery and garden store;
(j)
riding school;
(k)
specialty farm subject to Subsection 5.4.6 excluding any residential uses;
(l)
wildlife preserve;
(m) works of a Conservation Authority.
(3)
Regulations
(a)
Lot Area (minimum)
The lesser of 40.0 ha or as it existed on the day that the residential use
ceased.
(b)
Lot Frontage (minimum)
The lesser of 150.0 m or as it existed on the day that the residential use
ceased.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 132
5.5.1 A-46
(2)
Defined Area
A-46 as shown on Schedule (A), Map 28 to this By-law
(2)
Regulations
(a) Lot area (minimum)
21 ha
5.5.46 A-46
By-law 66-2017
(1)
Defined Area
(addition)
A-46 as shown on Schedule (A), Map 27 to this By-law
(2)
Regulations
(a) Lot area (minimum)
5.5 ha
5.5.47 A-47
(1)
Defined Area
A-47 as shown on Schedule (A), Map 28 to this By-law
(2)
Regulations
(a) Lot area (minimum)
11 ha
5.5.48 A-48
(1)
Defined Area
A-48 as shown on Schedule (A), Map 23 to this By-law
A-48 as shown on Schedule (A), Map 65 to this By-law.
(2)
Minimum Lot Frontage
11 m
5.5.49 A-49
(1) Defined Area
A-49 as shown on Schedule (A), Map 17 to this By-law
By-law 49-2017
(addition)
LPAT - PL161154
By-law 35-2018
(Addition)
By-law 73-2018
(Addition)
By-law 49-2017
(Addition)
LPAT - PL161154
By-law 31-2019
(Addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 133
(2) Regulations
(a) Lot Area (minimum)
29 ha
5.5.50 A-50
(1) Defined Area
A-50 as shown on Schedule "A", Map 6 to this By-law.
(2) Minimum Lot Frontage
8 m
By-law 32-2019
(Addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 134
5.5.51 A-51
(1) Defined Area
A-51 as shown on Schedule "A", Map 27 to this By-law.
(2) Definition
Cidery means the use of land, buildings or structures for the processing of fruit
including the fermentation, production, aging and storage of cider where the fruit used
in the production of the cider is locally or regionally grown. A Cidery may also include
a hospitality room and a retail outlet.
(3) Permitted Uses
Cidery accessory to a main Agricultural Use
All other uses permitted under the A Zone
(4) Regulation
The area of the subject lands dedicated to the Cidery accessory shall not exceed 1
hectare.
5.5.52 A-52
(1) Defined Area
A-52 as shown on Schedule "A", Map 50 to this By-law.
(2) Minimum Lot Frontage
118 m
(3) Minimum Lot Area
5.5 ha
5.5.53 A-53
(1) Defined Area
A-53 as shown on Schedule "A", Map 50 to this By-law.
(2) Permitted Uses
Mushroom Farm
All other uses permitted under the A Zone
(3) Special Provisions
(a) The use of manure for the purpose of growing mushrooms shall be prohibited.
By-law 43-2019
(Addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 135
(b) Notwithstanding Section 5.4.4 of this By-law, a mushroom farm shall be
permitted with reduced setbacks of 200 metres from the neighbouring dwelling
located at 3743 Elgin Road and 25 metres from a watercourse.
5.5.54 A-54
(1) Defined Area
A-54 as shown on Schedule "A", Map 61 to this By-law.
(2) Regulations
(a)
Minimum Lot Area
34.3 hectares
5.5.55 A-55
(1) Defined Area
A-55 as shown on Schedule A Map No. 39 to this By-law
(2) Regulations
(a) Minimum Lot Area
12.6 hectares
5.5.56 A-56
(1) Defined Area
A-56 as shown on Schedule "A", Map 13 to this By-law.
(2) Permitted Uses
second dwelling unit
all other uses permitted under the A Zone
(3) Special Provisions
Notwithstanding any other Section of this By-law, a second dwelling unit shall be
permitted in an accessory building provided the gross floor area of the said unit is
not greater than 40% of the gross floor area of the main dwelling to a maximum of
75 m2.
5.5.57 A-57
(1) Defined Area
A-57 as shown on Schedule "A", Map 13 to this By-law.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
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(2) Permitted Uses
second dwelling unit
all other uses permitted under the A Zone
(3) Special Provisions
Notwithstanding any other Section of this By-law, a second dwelling unit shall be
permitted in an accessory building provided the gross floor area of the said unit is
not greater than 30% of the gross floor area of the main single detached dwelling.
5.5.58 A-58
(1) Defined Area
A-58 as shown on Schedule "A", Map 7 to this By-law.
(2) Permitted Uses
second dwelling unit
all other uses permitted under the A Zone
(3) Special Provisions
Notwithstanding any other Section of this By-law, a second dwelling unit shall be
permitted in an accessory building provided the gross floor area of the said unit is
not greater than 85 m2.
5.5.58 A-58
(1) Defined Area
A-58 as shown on Schedule "A", Map 28 to this By-law.
(2) Agricultural Home Occupation - Dog and Cat Boarding Facility
Notwithstanding Section 4.8(4) of this By-law, a dog and cat boarding facility
shall be permitted as an agricultural home occupation.
5.5.59 A-59
(1) Defined Area
A-59 as shown on Schedule "A", Map 49 to this By-law.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
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(2) Permitted Uses
additional residential unit
all other uses permitted under the A Zone
(3) Special Provisions
Notwithstanding any other Section of this By-law, an additional residential unit
shall be permitted having a maximum floor area of 189 m2 and also comprised of
garage space and covered porches with a total floor area of 300 m2.
5.5.60 A-60
(1) Defined Area
A-60 as shown on Schedule "A", Map 30 to this By-law.
(2) Permitted Uses
additional residential unit
all other uses permitted under the A Zone
(3) Special Provisions
Notwithstanding any other Section of this By-law, an additional residential unit shall
be permitted having a maximum floor area of 75 m2.
(4) Regulations
(a) Interior Side Yard Width (minimum) 10.7 m
5.5.61
A-61
(1) Defined Area
A-61 as shown on Schedule "A", Map 13 to this By-law.
(2) Permitted Uses
Additional residential unit
All other uses permitted under the A Zone
(3) Special Provisions
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 138
Notwithstanding any other Section of this By-law, an additional residential unit shall
be permitted having a maximum floor area of 102 m2.
5.5.62 A-62
(1) Defined Area
A-62 as shown on Schedule "A", Map 27 to this By-law.
(2) Permitted Uses
Additional residential unit
All other uses permitted under the A Zone
(3) Special Provisions
Notwithstanding any other Section of this By-law, an additional residential unit
shall be permitted having a maximum floor area of 134 m2.
5.5.63 A-63
(1) Defined Area
A-63 as shown on Schedule "A", Map 33 to this By-law.
(2) Permitted Uses
additional residential unit accessory to a single detached dwelling
all other uses permitted under the A Zone
(3) Special Use Provisions
Notwithstanding any other Section of this By-law, the following special use
provisions shall apply to the residential unit:
(a) maximum floor area 75 square metres
(b) maximum front yard depth 75 metres
(c) maximum setback depth
from single detached dwelling 30.5 metres
5.5.63 A-63
(1) Defined Area
A-63 as shown on Schedule "A", Map 5 to this By-law.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 5 - Agricultural (A) Zone
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(2) Permitted Uses
additional residential unit
all other uses permitted under the A Zone
(3) Special Provisions
An additional residential unit (ARU) shall be permitted in the front yard and shall not
exceed 49% of the floor area of the primary single detached dwelling.
5.5.64 A-64
(1) Defined Area
A-64 as shown on Schedule "A", Map 57 to this By-law.
(2) Permitted Uses
additional residential unit
all other uses permitted under the A Zone
(3) Special Provisions
The following provisions shall apply to an additional residential unit (ARU):
a) the ARU shall not exceed 49% of the floor area of the primary single detached
dwelling.
b) the ARU shall be situated within 30 metres of the primary single detached
dwelling.
5.5.65 A-65
(1) Defined Area
A-65 as shown on Schedule "A", Map 20 to this By-law.
(2) Permitted Uses
additional residential unit
all other uses permitted under the A Zone
(3) Special Provisions
An additional residential unit (ARU) shall not exceed 50% of the floor area of the
primary single detached dwelling.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 140
5.5.66 A-66
(1) Defined Area
A-66 as shown on Schedule "A", Map 27 to this By-law.
(2) Definition
Doggy Day Care shall mean a place or facility where more than three (3) dogs are
kept, no dogs, other than up to (3) dogs that are owned by a licensed resident of
the property, are kept between the hours of 8:00p.m. and 6:00 a.m.
(3) Permitted Uses
doggy day care
retail use: limited to the sale of products related to the doggy day care personal
service establishment; limited to grooming services and obedience classes
all other uses permitted under the A zone
5.5.67 A-67
(1) Defined Area
A-67 as shown on Schedule "A", Map 50 to this By-law.
(2) Definition
Small Animal Crematorium shall mean a cremation facility which accommodates
small farm animals and pets under 200 pounds.
(3) Permitted Uses
Small animal crematorium within an existing building as an on farm diversified use
All other uses permitted under the A Zone
5.6 TEMPORARY USES
The following site-specific temporary use Zones apply to existing or unique situations where
a specific use is permitted on a temporary basis, and are not the standard "A" Zone. If a
regulation or use is not specified, the permitted uses of Subsection 5.2 and the regulations
of Subsections 5.3 and 5.4 shall apply. All permitted uses listed in this subsection shall only
be permitted until the expiry date listed for each such use, at which time the use is no longer
permitted and shall be removed.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 141
5.6.1 T-A-1 06-22-2023
(1)
Defined Area
T-A-1 06-22-2023 as shown on Schedule "A" Map No. 27 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the T-A-1 06-22-2023 Zone in addition to the
uses specified in Subsection 5.2:
(a) mobile home
(3)
Expiry
The said mobile home shall be permitted until the 22th day of June, 2023, at which
time the structure shall be removed from the lands affected.
5.6.3
expired
5.6.4
expired
5.6.5
T-A-4 04-26-2024
(1)
Defined Area
T-A-4 04-26-2024 as shown on Schedule "A", Map 20 to this By-law
(2)
Permitted Uses
The following uses are permitted in the T-A-4 04-26-2024 Zone in addition to the
uses specified in Subsection 5.2:
(a)
The existing single detached dwelling is to remain on the subject property for
a temporary period, in addition to a new single detached dwelling.
(3)
Expiry
The said existing single detached dwelling shall be permitted until the 26th day of
April, 2024, at which time the structure shall be removed from the lands affected.
5.6.5
T-A-5 10-4-2024
By-law No.
38-2020
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 142
(1)
Defined Area
T-A-5 10-4-2024 as shown on Schedule "A", Map 51 to this By-law
(2)
Permitted Uses
The following uses are permitted in the T-A-5 10-24-2024 Zone in addition to the
uses specified in Subsection 5.2:
(a)
The existing single detached dwelling is to remain on the subject property for
a temporary period, in addition to a new single detached dwelling.
(3)
Expiry
The said existing single detached dwelling shall be permitted until the 4th day of
October, 2024, at which time the structure shall be removed from the lands affected.
5.6.6 T-A-6 12-13-2031
(1) Defined Area
T-A-6 12-13-2031 as shown on Schedule "A", Map 14 to this By-law
(2) Permitted Uses
The following uses are permitted in the T-A-6 12-13-2031 Zone in addition to the
uses specified in Subsection 5.2:
(a) mobile home
(3) Expiry
The said mobile home shall be permitted until the 13th day of December, 2031, at
which time the structure shall be removed from the lands affected.
5.6.8 T-A-7 03-28-2025
(1) Defined Area
T-A-7 03-28-2025 as shown on Schedule "A", Map 23 to this By-law
(2) Permitted Uses
The following uses are permitted in the T-A-7 03-28-2025 Zone in addition to the
uses specified in Subsection 5.2:
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
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(a) The existing detached dwelling is to remain on the subject property for a
temporary period, in addition to a new single detached dwelling.
(3) Expiry
The said existing single detached dwelling shall be permitted until the 28th day of
March, 2025, at which time the structure shall be removed from the lands
affected.
5.6.9 T-A-8 06-13-2032
(1) Defined Area
T-A-8 06-13-2032 as shown on Schedule "A", Map 58 to this By-law
(2) Permitted Uses
The following uses are permitted in the T-A-8 06-13-2032 Zone in addition to the
uses specified in Subsection 5.2:
(a) mobile home
(3) Expiry
The said mobile home shall be permitted until the 13th day of June, 2032, at
which time the structure shall be removed from the lands affected.
5.6.9 T-A-9 02-13-2026
(1) Defined Area
T-A-9 02-13-2026 as shown on Schedule "A", Map 3 to this By-law
(2) Permitted Uses
The following uses are permitted in the T-A-9 02-13-2026 Zone in addition to the
uses specificed in Subsection 5.2:
(a) The existing detached dwelling known municipally as 17441 Elginfield Road
is to remain on the subject property for a temporary period, in addition to a
new single detached dwelling.
(3) Expiry
The said existing single detached dwelling shall be permitted until the 13th day of
Feburary, 2026, at which time the structure shall be removed from the subject
property. The zoning of the subject property shall also revert back to the
Agricultural (A) Zone as of the 13th day of February, 2026.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 144
5.6.10 T-A-10 05-08-2026
(1) Defined Area
T-A-10 05-08-2026 as shown on Schedule "A", Map 30 to this By-law
(2) Permitted Uses
The following are permitted in the T-A-10 05-08-2026 Zone in addition to the uses
specific in Subsection 5.2:
(a) The existing detached dwelling known municipally as 4313 Trafalgar Street is
to remain on the subject property for a temporary period, in addition to a new
single detached dwelling.
(3) Expiry
The said existing single detached dwelling shall be permitted until the 8th day of
May 2026, at which time the structure shall be removed from the subject property.
This T-A-10 05-08-2026 zoning shall also expire as of the 8th day of May, 2026.
5.6.11 T-A-11 06-12-2033
(1) Defined Area
T-A-11 06-12-2033 as shown on Schedule "A", Map 11 to this By-law
(2) Permitted Uses
The following use is permitted in the T-A-11 06-12-2033 Zone in addition to the
uses specified in Subsection 5.2:
Notwithstanding any other provision of this By-law, a CSA approved mobile home
shall be permitted on the property known municipally as 22538 Purple Hill Road
for a temporary period until the 12th day of June, 2033, at which time the said
mobile home shall be removed from the subject property.
5.6.12 T-A-12 10-30-2026
(1) Defined Area
T-A-12 10-30-2026 as shown on Schedule "A", Map 23 to this By-law
(2) Permitted Uses
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
Page 145
The following uses are permitted in the T-A-12 10-30-2026 Zone in addition to
the uses specifed in Subsection 5.2:
(a) the existing detached dwelling is to remain on the subject property for a
temporary period, in addition to a new single detached dwelling.
(3) Expiry
The said existing single detached dwelling shall be permitted until the 30th day of
October, 2026, at which time the said dwelling shall be removed from the lands
affected.
5.6.13 T-A-13 11-27-2033
(1) Defined Area
T-A-13 11-27-2033 as shown on Schedule "A", Map 16 to this By-law
(2) Permitted Uses
The following uses are permitted in the T-A-13 11-27-2033 Zone in addition to
the uses specific in Subsection 5.2:
(a) mobile home
(3) Expiry
The said mobile home shall be permitted until the 27th day of November, 2033,
at which time the structure shall be removed from the lands affected.
5.6.14 T-A-14 05-27-2027
(1) Defined Area
T-A-14 05-27-2027 as shown on Schedule "A", Map 1 to this By-law
(2) Permitted Uses
The following uses are permitted in the T-A-14 05-27-2027 Zone in addition to
the uses specific in Subsection 5.2:
(a) The existing detached dwelling known municipally as 16692 Ebenezer Drive
is to remain on the subject property for a temporary period, in addition to a new
single detached dwelling.
(3) Expiry
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 5 - Agricultural (A) Zone
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The said existing single detached dwelling shall be permitted until the 27th day
of May, 2027, at which time the structure shall be removed from the subject
property. This T-A-14 05-27-2027 zoning shall also expire as of the 27th day of
May, 2027.
5.6.15 T-A-15 06-24-2027
(1) Defined Area
T-A-15 06-24-2027 as shown on Schedule "A", Map 57 to this By-law
(2) Permitted Uses
The following uses are permitted in the T-A-15 06-24-2027 Zone in addition to
the uses specified in Subsection 5.2:
(a) The existing detached dwelling is to remain on the subject property for a
temporary period, in addition to a new single detached dwelling.
(3) Expiry
The said existing single detached dwelling shall be permitted until the 24th day
of June, 2027, at which time the structure shall be removed from the lands
affected.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 6 - Agricultural Restrictive (AR) Zone
Page 147
SECTION 6.
AGRICULTURAL RESTRICTIVE (AR) ZONE
6.1 SCOPE
The provisions of this Section shall apply in all Agricultural Restrictive (AR) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
6.2 PERMITTED USES
No person shall within any Agricultural Restrictive (AR) Zone, use any lot or erect, alter or
use any building or structure for any purpose except for one or more of the following AR Zone
uses, namely:
(1)
agricultural use;
(2)
agricultural home occupation subject to Subsection 4.8;
(3)
bed and breakfast establishment subject to Subsection 4.2;
(4)
existing dwelling;
(5)
existing mobile home;
(6)
farm greenhouse subject to Subsection 4.5;
(7)
farm sales outlet subject to Subsection 6.4.3;
(8)
kennel, subject to Subsection 4.11;
(9)
landing strip;
(10) recreation use, outdoor;
(11) riding school;
(12) seasonal farm dwellings in accordance with Subsection 6.4.4;
(13) single detached dwelling including a dwelling on an undersized lot in accordance with
Subsection 6.4.6;
(14) specialty farm subject to Subsection 6.4.5;
(15) wildlife preserve;
(16) works of a Conservation Authority.
6.3 REGULATIONS
No person shall, within any Agricultural Restrictive (AR) Zone, use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
(1)
Lot Area (minimum)
40.0 ha
(2)
Lot Frontage (minimum)
150.0 m
(3)
Front and Exterior Side Yard Depth (minimum)
25.0 m
(4)
Interior Side Yard Width (minimum)
15.0 m
(5)
Rear Yard Depth (minimum)
15.0 m
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 6 - Agricultural Restrictive (AR) Zone
Page 148
(6)
Lot Coverage (maximum)
20% of lot area
(7)
Building Height (maximum)
10.0 m
(8)
Landscaped Open Space (minimum)
30% of lot area
(9)
Number of Dwellings Per Lot (maximum)
1 only
6.4 SPECIAL USE REGULATIONS
6.4.1 AGRICULTURAL USE RESTRICTIONS
Notwithstanding the uses permitted in Subsection 6.2, the spreading of liquid manure and
the spraying of herbicides and pesticides are specifically prohibited in the Agricultural
Restrictive (AR) Zone in addition to the uses prohibited by Subsection 4.28.
6.4.2 FARM SALES OUTLET
Seasonal farm produce display for sale is restricted to a maximum of 95 square metres
including both floor area and outside display and shall be set back from the front lot line a
minimum of 15 metres for a building or structure that is erected so not to be moved and
7.5 metres for a building or structure that is portable and removed at the end of the growing
season.
6.4.3 ACCESSORY DWELLING / SEASONAL FARM DWELLING / MOBILE HOME
Any accessory dwelling, seasonal farm dwelling or mobile home shall only be permitted
subject to a Temporary Use By-law passed by Council of the Municipality pursuant to
Section 39 of the Planning Act, as amended from time to time, and where permitted by
such a Temporary Use By-law, shall be subject to all the provisions of this By-law.
6.4.4 SPECIALTY FARMS
Notwithstanding the minimum lot area regulations in Clause 1 of Subsection 6.3, a
specialty farm may have a minimum lot area of 10 hectares. A specialty farm is restricted
to agricultural operators of specialty crops.
6.4.5 UNDERSIZED LOTS
(1)
On an existing undersized lot complying with the conditions of Subsection 4.18.3 or
on a lot legally created subsequent to the passage of this By-Law, a maximum of
one single detached dwelling shall be permitted whether or not it is accessory to a
permitted agricultural use. Such dwelling shall be located no closer than 300 metres
from any livestock buildings and/or manure storage facility on any lot containing an
existing intensive agricultural use, and shall be subject to the following requirements:
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 6 - Agricultural Restrictive (AR) Zone
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(a) Front and Exterior Side Yard Depth (minimum)
10.0 m
(b) Interior Side Yard Width (minimum)
4.0 m
(c) Rear Yard Depth (minimum)
10.0 m
(d) Lot Coverage (maximum)
20% of lot area
(2)
Dwellings shall not be erected or used except in accordance with Schedule "B",
Minimum Distance Separation I (MDS I) to this By-Law. The foregoing shall not
apply to the alteration of existing dwellings or the replacement of an existing dwelling
with a new dwelling on the same foundation thereof.
(3)
Notwithstanding Subsection 6.4.4 of this By-Law to the contrary, a seasonal farm
dwelling shall not be permitted on any undersized lot.
6.5 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "AR" Zone. If a regulation or use is not specified, the permitted uses of Subsection
6.2 and the regulations of Subsections 6.3 and 6.4 shall apply.
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SECTION 7.
AGRICULTURAL COMMERCIAL (AGC) ZONE
7.1 SCOPE
The provisions of this Section shall apply in all Agricultural Commercial (AGC) Zones except
as otherwise provided in the Special Provisions Subsection of this Section.
7.2 PERMITTED USES
No person shall within any Agricultural Commercial (AGC) Zone, use any lot or erect, alter
or use any building or structure for any purpose except for one or more of the following AGC
Zone uses, namely:
(1)
agricultural equipment sales and service establishment;
(2)
agricultural related commercial use;
(3)
agricultural service and supply establishment;
(4)
auction establishment;
(5)
bulk sales establishment;
(6)
commercial greenhouse subject to Subsection 4.5;
(7)
custom workshop;
(8)
existing dwelling;
(9)
forestry use excluding any establishments that either process forestry products or sell
processed forestry products such as lumber yards;
(10) grain elevator and drying facility;
(11) kennel, subject to Subsection 4.11;
(12) market garden;
(13) nursery and garden store;
(14) recreation use, outdoor;
(15) riding school;
(16) truck terminal;
(17) veterinary clinic;
(18) wildlife preserve;
(19) winery, farm fruit;
(20) works of a Conservation Authority.
7.3 REGULATIONS
No person shall, within any Agricultural Commercial (AGC) Zone, use any lot or erect, alter
or use any building or structure except in accordance with the following provisions:
(1)
Lot Area (minimum)
4,000 m2
(2)
Lot Frontage (minimum)
30.0 m
(3)
Lot Depth (minimum)
40.0 m
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(4)
Front and Exterior Side Yard Depth (minimum)
10.0 m
(5)
Interior Side Yard Width (minimum)
7.5 m
(6)
Rear Yard Depth (minimum)
10.0 m
(7)
Lot Coverage (maximum)
20% of lot area
(8)
Building Height (maximum)
12.0 m
(9)
Landscaped Open Space (minimum)
10% of lot area
7.4 SPECIAL USE REGULATIONS
7.4.1 FARM FRUIT WINERIES
Where a farm winery is permitted within an Agricultural Zone, it shall be subject to the
requirements of the applicable Zone and the following provisions:
(1) all wines produced shall be from locally grown fruit, predominantly grown on the same
lands as the Farm Winery;
(2) the retail sale of wine produced on site may be permitted, subject to normal licensing
requirements;
(3) a Hospitality Room as defined herein may be permitted;
(4) the maximum floor area devoted to the retail sale of wine and a Hospitality Room
combined shall be limited to 200 square metres,
(5) all farm wineries shall be subject to site plan control.
7.5 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "AGC" Zone. If a regulation or use is not specified, the permitted uses of Subsection
7.2 and the regulations of Subsections 7.3 and 7.4 shall apply.
7.5.1 AGC-1
By-law 73-2009
(Addition)
(1)
Defined Area
AGC-1 as shown on Schedule "A" Map No. 31 to this By-law
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(2)
Permitted Uses
(a)
A restaurant in addition to all other uses permitted in Section 7.2 of this
By-law
7.5.2
AGC-2
By-law 46-2011
(Addition)
(1)
Defined Area
AGC-2 as shown on Schedule "A" Map No. 59 to this By-law.
(2)
Permitted Uses
a)
an "Agricultural Service and Supply Establishment" in addition to all other
uses permitted in Section 5.2 of this By-law.
By-law 8-2013
7.5.3
AGC-3
(Addition)
(1)
Defined Area
AGC-3 as shown on Schedule "A", Map 52 to this By-law
(2)
Permitted Uses
The following uses are permitted in the AGC-3 Zone in addition to the uses
specified in Section 7.2 (1) through (15) and (17) through (20):
(a)
contractors shop
(b)
warehouse warehouse, public self storage
By-law 20-2015
7.5.4
AGC-4
(1)
Defined Area
AGC-4 as shown on Schedule "A", Map 14 to this By-law
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Section 7.2, the permitted uses in
the AGC-4 Zone shall be limited to the following:
(a)
agricultural related commercial use
(b)
agricultural service and supply establishment
(c)
existing dwelling
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7.5.5
AGC-5
(1)
Defined Area
AGC-5 as shown on Schedule "A", Map 24 to this By-law
(2)
Permitted Uses
Agricultural use
All uses permitted under the parent AGC zone
(3) Regulation
Notwithstanding Section 4.5(5) of this By-law, a greenhouse that uses artificial light
for growing purposes during the night shall be located a minimum distance of 125
metres from any residential use on a separate lot.
7.5.6
AGC-6
(1)
Defined Area
AGC-6 as shown on Schedule "A", Map No. 51 to this By-law
(2)
Permitted Uses
Notwithstanding the permitted uses listed under Section 7.2 of this By-law, the
permitted uses shall be limited to the following:
(a)
agricultural related commercial use
(b)
agricultural service and supply establishment
(c)
single detached dwelling
(3)
Setback Requirement
Notwithstanding Section 4.16 of this By-law, the permitted uses of the AGC-6 shall
be permitted with a setback of at least 150 metres from neighbouring livestock
facilities located at 3317 Cromarty Drive and 3479 Cromarty Drive."
7.5.7 AGC-7
(1) Defined Area
AGC-7 as shown on Schedule "A", Map 4 to this By-law
(2) Permitted Uses
Addition
By-law No.
34-2019
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Notwithstanding the permitted uses listed under Section 7.2 of this By-law, the
permitted uses shall be limited to the following:
(a) agricultural equipment and service establishment
SECTION 8.
HAMLET RESIDENTIAL (HR) ZONE
8.1 SCOPE
The provisions of this Section shall apply in all Hamlet Residential (HR) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
8.2 PERMITTED USES
No person shall within any Hamlet Residential (HR) Zone, use any lot or erect, alter or use
any building or structure for any purpose except for one or more of the following HR Zone
uses, namely:
(1)
bed and breakfast establishment subject to Subsection 4.2;
(2)
converted dwelling, to a maximum of two (2) dwelling units;
(3)
duplex dwelling;
(4)
residential home occupation, subject to Subsection 4.9;
(5)
single detached dwelling;
(6)
semi-detached dwelling.
8.3 REGULATIONS
No person shall, within any Hamlet Residential (HR) Zone, use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(1)
Lot Area (minimum)
2,000 m2
(2)
Lot Frontage (minimum)
30.0 m
(3)
Front and Exterior Side Yard Depth (minimum)
7.5 m
(4)
Interior Side Yard Width (minimum)
3.0 m
(5)
Rear Yard Depth (minimum)
10.0 m
(6)
Lot Coverage (maximum)
30% of lot area
(7)
Building Height (maximum)
10.0 m
(8)
Landscaped Open Space (minimum)
20% of lot area
(9)
Number of Dwellings Per Lot (maximum)
(a) Single Detached and Semi-Detached Dwellings
1 dwelling unit per lot
(b) Converted and Duplex Dwellings
2 dwelling units per lot
8.4 SPECIAL PROVISIONS
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The following site-specific Zones apply to existing or unique situations that are not the
standard "HR" Zone. If a regulation or use is not specified, the permitted uses of Subsection
8.2 and the regulations of Subsection 8.3 shall apply.
8.4.1 HR-1
(1)
Defined Area
HR-1 as shown on Schedule "A" Map No. 39A to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the HR-1 Zone in addition to the uses specified
in Subsection 8.2:
(a)
service shop in an existing building.
8.4.2 HR-2
(1)
Defined Area
HR-2 as shown on Schedule "A" Map No. 39A to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 4.28 and Subsection 8.2,
the permitted uses in the HR-2 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
existing apartment dwelling.
8.4.3 HR-3
(1)
Defined Area
HR-3 as shown on Schedule "A" Map No. 34A to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the HR-3 Zone in addition to the uses specified
in Subsection 8.2:
(a)
Pony pasture for up to two (2) livestock units.
8.4.4 HR-4
(1)
Defined Area
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HR-4 as shown on Schedule "A" Map No. 34A to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the HR-4 Zone in addition to the uses specified
in Subsection 8.2:
(a)
automobile service station in an existing building;
(b)
body shop in an existing building;
(c)
vehicle repair garage in an existing building.
(3)
Prohibited Uses
The following uses are specifically prohibited in the HR-4 Zone in addition to the
uses specified in Subsection 4.29:
(a)
open storage.
(4)
Regulations
(a)
Front Yard Depth (minimum)
(i) storage building
75 m
(b)
Floor Area (maximum)
(i) storage building
420 m2
8.4.5 HR-5
(1)
Defined Area
HR-5 as shown on Schedule "A" Map No. 3A to this By-Law.
(2)
Regulations
(a)
Side Yard (minimum)
2 m
8.4.6 HR-6
By-law 2-2011
(Addition)
(1)
Defined Area
HR-6 as shown on Schedule (A), Map 64A to this By-law
(2)
Regulations
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a) floor area (maximum)
(i) Dwelling
230 m
8.4.7 HR-7
By-law 14-2013
(Addition)
(1)
Defined Area
HR-7 as shown on Schedule "A", Map 3A to this By-law
(2)
Regulations
(a)
Front Yard Depth (minimum) 20m
(b)
Rear Yard Depth (minimum) 70 m
8.4.8 HR-8
By-law 14-2013
(Addition)
(1) Defined Area
HR-8 as shown on Schedule "A", Map 3A to this By-law
(2) Regulations
(a)
Front Yard Depth (minimum) 20 m
(b)
Rear Yard Depth (minimum) 70 m
(c)
Easterly Side Yard Width (min) 7.5 m
8.4.9 HR-9
By-law 10-2017
(Addition)
(1) Defined Area
HR-9 as shown on Schedule "A", Map 39A to this By-law
(2) Regulations
(a)
Frontage (minimum) 28.0 m
8.4.10 HR-10
(1) Defined Area
HR-10 as shown on Schedule "A", Map 58A
(2)
Special Provision
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Notwithstanding Section 4.24.3 of this By-law, a reduced setback of 5 metres shall
be permitted from a covered or enclosed municipal drain measured from the
centerline of the drain.
8.4.11 HR-11
(1)
Defined Area
HR-11 as shown on Schedule "A", Map 3A
(2)
Permitted Uses
second dwelling unit
all other uses permitted under the HR Zone
(3)
Special Provisions
Notwithstanding any other Section of this By-law, a second dwelling unit shall be
permitted within the existing single detached dwelling as enlarged provided the gross
floor area of the said unit does not exceed 110 m2.
8.4.12 HR-12
(1)
Defined Area
HR-12 as shown on Schedule "A", Map 58A
(2)
Special Provisions
Notwithstanding any provision of this By-law, a reduced setback of 4.5 metres shall
be permitted from a covered or enclosed municipal drain measured from the
centerline of the drain.
8.4.13 HR-13
(1)
Defined Area
HR-13 Schedule 'A', Map 49A to this By-Law
(2)
Permitted Uses
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The following use is permitted in the HR-13 Zone in addition to the uses specified in
Section 8.2:
(a) Commercial indoor storage within the existing building
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SECTION 9.
RESIDENTIAL FIRST DENSITY (R1) ZONE
9.1. SCOPE
The provisions of this Section shall apply in all Residential First Density (R1) Zones except
as otherwise provided in the Special Provisions Subsection of this Section.
9.2. PERMITTED USES
No person shall within any Residential First Density (R1) Zone, use any lot or erect, alter or
use any building or structure for any purpose except for one or more of the following R1 Zone
uses, namely:
(1)
residential home occupation, subject to Subsection 4.9;
(2)
single detached dwelling.
9.3. REGULATIONS
No person shall, within any Residential First Density (R1) Zone, use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
(1)
Lot Area (minimum)
(a) lot with no municipal services available
3,000 m2
(b) lot with municipal water service only
2,000 m2
(c) lot with municipal sanitary sewer service only
1,500 m2
(d) lot with both municipal water and sanitary sewer service
700 m2
(2)
Lot Frontage (minimum)
(a) lot with no municipal services available
20.0 m
(b) lot with municipal water and/or sanitary sewer services
15.0 m
(3)
Front and Exterior Side Yard Depth (minimum)
7.5 m
(4)
Interior Side Yard Width (minimum)
2.0 m
(5)
Rear Yard Depth (minimum)
8.0 m
(6)
Lot Coverage (maximum)
35% of lot area
(7)
Building Height (maximum)
10.0 m
(8)
Landscaped Open Space (minimum)
30% of lot area
(9)
Number of Dwellings Per Lot (maximum)
1 only -
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9.4. SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the standard
"R1" Zone. If a regulation or use is not specified, the permitted uses of Subsection 9.2 and the
regulations of Subsection 9.3 shall apply.
9.4.1
R1-1
(1)
Defined Area
R1-1 as shown on Schedule "A" Map No. 3-1 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the R1-1 Zone in addition to the uses specified
in Subsection 9.2:
(a)
converted dwelling
(3)
Regulations
(a)
Floor Area (minimum)
(i) converted dwelling
45 m2
(b)
Number of Parking Spaces (minimum)
(i) converted dwelling
1.5 spaces per dwelling unit
(c)
Outdoor Amenity Area (minimum)
(i) converted dwelling
45 m2 per dwelling unit
9.4.2
R1-2
(1)
Defined Area
R1-2 as shown on Schedule "A" Map No. 3-2 to this By-Law.
(2)
Home Occupation - Residential
Notwithstanding the provisions of Section 4.9 to the contrary, the following provisions
shall apply to a home occupation in the R1-2 Zone:
(a) The residential home occupation shall be clearly incidental and secondary to
the main residential use to which it is accessory and shall not change the
residential character of the dwelling;
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(b) The residential home occupation shall be located entirely within the dwelling.
No more than forty percent (40%) of the dwelling unit may be devoted to a
residential home occupation use;
(c) The residential home occupation shall not create or become a public nuisance,
particularly with regard to noise, traffic, parking, light or nighttime operation, or
radio or television interference, nor shall any open storage be permitted in
conjunction with the home occupation;
(d) Delivery and/or shipment of goods and/or materials associated with the
residential home occupation shall be restricted to vehicles not exceeding 5,000
kilograms in registered gross weight.
9.4.3
R1-3
(1)
Defined Area
R1-3 as shown on Schedule "A" Map No. 2-6 to this By-Law.
(2)
Regulations
(a) Exterior Side Yard Width (minimum)
3.5 m
9.4.4
R1-4
(1)
Defined Area
R1-4 as shown on Schedule "A" Map No. 2-1 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the R1-4 Zone in addition to the uses specified
in Subsection 9.2:
(a) retail store for the sale of crafts and related items.
9.4.5
R1-5
(1)
Defined Area
R1-5 as shown on Schedule "A" Map No. 2-2 to this By-Law.
(2)
Interpretation
For the purpose of this article, in the case of a through lot line, the lot line abutting
the street having the wider road allowance shall be deemed to be the front lot line,
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and the lot line abutting the opposite, narrower street shall be deemed to be the rear
lot line.
(3)
Regulations
(a) Lot Area (minimum)
(i) lot with both municipal water and sanitary sewer service
300 m2
(b) Lot Frontage (minimum)
(i) lot with both municipal water and sanitary sewer service
9.5 m
(c) Front Yard Depth (minimum)
(i) lot 67
4.0 m
(ii) lot 68
5.0 m
(iii) lot 69
6.0 m
(iv) all other lots in the R1-5 Zone
30.0 m
(d) Interior Side Yard Width (minimum)
1.6 m for a one-storey dwelling plus 0.6 metre for each full storey greater than
one storey; provided that 0 m shall be required on one side of a single detached
dwelling having no exterior doors, windows or other openings within the yard
width that otherwise would be required, and having all roof drainage directed
onto the lot of that dwelling, and having for the full depth of the lot a registered
private maintenance easement of a width not less that the minimum required
side yard and having a 0.6 m eave and footing encroachment easement on the
adjacent lot.
(e) Exterior Side Yard Width (minimum)
3.0 m
(f)
Lot Coverage (maximum)
45%
(g) Building Height (maximum)
12.0 m
(h) Special Parking Regulations
Parking of any automobile, vehicle, recreational vehicle or trailer shall not be
permitted in the front yard of any lot within the R1-5 Zone.
(i)
Driveway Width (maximum)
(i) lots 1 to 59 inclusive
6.7 m or 70% of the
lot frontage,
whichever is lesser.
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(j)
Accessory Buildings and Structures
(i) lot coverage (maximum)
15% of lot area
9.4.6
R1-6
(1)
Defined Area
R1-6 as shown on Schedule "A" Map No. 2-6 to this By-Law.
(2)
Regulations
(a) Interior Side Yard Width (minimum)
(i) exposed building face is one-storey in height
1.5 m
(b) Rear Yard Depth (minimum)
7.5 m
9.4.7
R1-7
(1)
Defined Area
R1-7 as shown on Schedule "A" Map No. 2-6 to this By-Law.
(2)
Regulations
(a) Interior Side Yard Width (minimum)
(i) exposed building face is one-storey in height
1.5 m
(b) Exterior Side Yard Width (minimum)
3.5 m
(c) Rear Yard Depth (minimum)
7.5 m
9.4.8
R1-8
(1)
Defined Area
R1-8 as shown on Schedule "A" Map No. 2-5 to this By-Law.
(2)
Regulations
(a) Frontage (minimum)
10 m
9.4.9 R1-9
By-law 44-2009
(addition)
(1)
Defined Area
By-law # 18-2008
(addition)
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R1-9 as shown on Schedule "A", Map 3-1 to this By-law.
(2)
Regulations
a) Exterior side yard
3.5 m
b) Interior side yard
1.5 m
c) Minimum lot area
600 m²
9.4.10 R1-10
By-law 44-2009
(addition)
(1)
Defined Area
R1-10 as shown on Schedule "A", Map 3-1 to this By-law.
(2)
Regulations
a) Minimum frontage
12.0 m
b) Exterior side yard local street
3.2 m
c) Exterior side yard county road
7.2 m
d) Interior side yard
1.2 m
e) Minimum lot area
540 m²
9.4.11 R1-11
By-law 44-2009
(1)
Defined Area
R1-11 as shown on Schedule "A", Map 3-1 to this By-law.
(2)
a) Exterior side yard
3.5 m
b) Interior side yard
1.5 m
c) Minimum lot area
700 m²
9.4.12 R1-12
By-law 102-2009
(1)
Defined Area
(addition)
R1-12 as shown on Schedule A, Map 2-6 to this By-law.
(2)
Regulations
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a) Minimum Lot Area
395 m²
b) Minimum Lot Frontage
Unit 14 and Unit 20
5.9 m
all other Units
10 m
c) Front Yard Depth (minimum)
5.0 m
d) Exterior Side Yard Width (minimum)
2.5 m
e) Interior Side Yard Width (minimum)
0 m
f) Rear Yard Depth (minimum)
6.0 m
g) Lot Coverage (maximum)
45%
h) Building Height (maximum)
10.0 m
9.4.13 R1-13
By-law 26-2011
(addition)
(1)
Defined Area
R1-13 as shown on Schedule "A", Map 3-1 to this By-law.
(2)
Regulations
a)
Interior Side Yard Width (minimum)
(i)
exposed building face is one storey in height
1.3 m
(ii)
exposed building face is two storey in height
1.5 m
(b)
Exterior Side Yard Width (minimum)
3.5 m
9.4.14 R1-14
By-law 76-2011
(Addition)
1)
Defined Area
R1-14 as shown on Schedule (A), Map 2-4 to this By-law
2)
Regulations
a) minimum frontage
13m;
b) minimum side yard setback from rear lot lines of 43 and 47 Mill Road 10m.
9.4.15 R1-15
By-law 68-2013
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By-law 9-2014
Z16-2013
(Addition)
(Addition)
1) Defined Area
R1-15 as shown on Schedule "A", Map No. 2-3 to this by-law
2) Regulations
a) Lot Area (min)
2000 m²
b) Lot Frontage (min)
20.0 m
c) Front and Exterior side yard
7.5 m
d) Side Yard (min)
2.0 m
e) Rear Yard Depth (min)
8.0 m
f) Lot Coverage (max)
35%
g) Building Height (max)
10 m
h) Landscaped Open Space (min)
30% lot area
i) Number of Dwellings Per Lot (max) 1 only
9.4.16 R1-16
1) Defined Area
R1-16 as shown on Schedule "A", Map 3-1 to this By-law
2) Regulations
No person shall, within the site specific Residential First Density (R1-15) Zone,
use any lot or erect, alter or use any building or structure except in accordance
with the following provisions:
1)
Lot Area (minimum)
560 m²
2)
Lot Frontage (minimum)
14 m
3)
Frond Yard Depth
6 m (dwelling)
7.5 m (garage)
4)
Exterior Side Yard Depth (minimum)
3.5 m
5)
Interior Side Yard Depth (minimum)
1.5 m (one story)
1.8 m (two story)
6)
Rear Yard Depth (minimum)
7.5 m
7)
Lot Coverage (maximum)
35% of lot area
8)
Building Height (maximum)
12 m
9)
Landscaped Open Space (minimum)
30% of lot area
10)
Number of Dwellings per Lot (maximum)
1 only
9.4.17 R1-17
By-law 14-2014
(Addition) & By-law 21-2020
1) Defined Area
R1-17 and R1-17-H as shown on Schedule "A", Maps 2-4, 2-5 and 41 to
this By-law.
2) Regulations
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Section 10 - Residential Second Density (R2) Zone
Page 169
By-law 104-2017
(Amendment)
a) Lot Area (Minimum)
500 m2
b) Lot Frontage (Minimum)
15 m
c) Front & Exterior Side Yard Depth (Minimum) 6.0 m
d) Interior Side Yard Width (Minimum)
1.2 m
e) Rear Yard Depth (Minimum)
7.5 m
f) Lot Coverage (Maximum)
50%
g) Building Height (Maximum)
10 m
h) Landscape Open Space (Minimum)
30%
i) Number of Dwellings Per Lot (Maximum)
1
9.4.18 R1-18
By-law 14-2014 & By-law 21-2020
(Addition)
1) Defined Area
R1-18 as shown on Schedule "A", Map 3-1 to this By-law
2) Regulations
a) Lot Area (with services)
390 m2
b) Lot Frontage (with services)
12 m
c) Front & Exterior Side Yard Depth
6.0 m
d) Interior Side Yard Width
1.2 m
e) Rear Yard Depth
7.5 m
f) Lot Coverage
40%
g) Building Height
10m Max
h) Landscape Open Space
30% Min
i) Number of Dwellings Per Lot
one
9.4.19 R1-19
By-law 69-2014
(Addition)
1) Defined Area
R1-19 as shown on Schedule "A", Map 2-5 to this By-law
2) Regulations
a) Lot Area (min)
700m2
b) Lot Frontage (min)
15.0 m
c) Front Yard Setback (min)
7.5 m
d) Side Yard (min)
1.5 m
e) Exterior Sid Yard (min)
3.5 m
f) Rear Yard Depth (min)
8.0 m
g) Lot Coverage (max)
35%
h) Building Height (max)
10 m
h) Landscaped Open Space (min)
30% lot area
i) Number of Dwellings Per Lot (max) 1 only
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9.4.20 R1-20
By-law 11-2016
(Addition)
(3) Defined Area
R1-20 as shown on Schedule "A", Map 2-2 to this By-law
(2) Regulations
(a) Side Yard Width (minimum)
10 m from the FD-5 Zone
and 2 m on the other side
(b) Rear Yard Depth (minimum) 30 m
9.4.21 R1-21
See By-law 98-2016 - Key Map 3-1 for R1-21
9.4.22 R1-22
(1) Defined Area
R1-22 as shown on Schedule "A", Map 2-4 to this By-law
(2) Regulations
(a) Lot Area (minimum)
2,800 m2
9.4.22 R1-22
(1) Defined Area
R1-22 and R1-22-H as shown on Schedule "A", Map 3-1 to this By-law
(2) Regulations
a) Lot Area (Min)
380 m2
b) Lot Frontage (Min)
11.5 m
c) Front & Exterior Side Yard Depth (Min)
4.5 m to main building
6.0 m to garage
except where a corner lot
rear lot line abuts an
adjacent corner lot
By-law 108-2016
(Addition)
By-law 42-2019
(Addition)
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rear lot line, the Exterior
Side Yard requirement shall
be a minimum of 1.2 m.
d) Interior Side Yard Width (Min)
1.2 m
e) Rear Yard Depth (Min)
7.5 m
f) Lot Coverage (Max)
50%
g) Building Height (Max)
10 m
9.4.23 R1-23
(1) Defined Area
R1-23 and R1-23-H as shown on Schedule "A", Map 3-1 to this By-law
(2) Regulations
a) Lot Area (Min)
475 m2
b) Lot Frontage (Min)
15 m
c) Front & Exterior Side Yard Depth (Min)
4.5 m to main building
6.0 m to garage except
where a corner lot rear lot
line abuts an adjacent
corner lot rear lot line, the
Exterior Side Yard
requirement shall be a
minimum of 1.2 m.
d) Interior Side Yard Width (Min)
1.2 m
e) Rear Yard Depth (Min)
7.5 m
f) Lot Coverage (Max)
45%
g) Building Height (Max)
10 m
9.4.24 R1-24-H
(1) Defined Area
R1-24-H as shown on Schedule "A", Map 3-1 to this By-law
(2) Regulations
a) Front Yard Depth (Min)
15 m
b) Exterior Side Yard Width (Min)
4 m
By-law 42-2019
(Addition)
By-law 9-2020
(Addition)
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9.4.25 R1-25-H
(1) Defined Area
R1-25-H as shown on Schedule "A", Map 3-1 to this By-law
(2) Regulations
a) Lot Area (Min)
375 m2
b) Lot Frontage (Min)
11.5 m
c) Front & Exterior Side Yard Depth (Min)
4.5 m to main building
6.0 m to garage except
where a corner lot rear lot
line abuts an adjacent
corner lot rear lot line, the
Exterior Side Yard
requirement shall be a
minimum of 1.2 m.
d) Interior Side Yard Width (Min)
1.2 m
e) Rear Yard Depth (Min)
7.5 m
f) Lot Coverage (Max)
50%
9.4.26 R1-26
(1) Defined Area
R1-26 as shown on Schedule "A", Map 41 to this By-law
2) Regulations
a) Lot Area (Minimum)
390 m2
b) Lot Frontage (Minimum)
12 m
c) Front & Exterior Side Yard Depth (Minimum) 6.0 m
d) Interior Side Yard Width (Minimum)
1.2 m
e) Rear Yard Depth (Minimum)
7.5 m
f) Lot Coverage (Maximum)
50%
g) Building Height (Maximum)
10 m
h) Landscape Open Space (Minimum)
30%
i) Number of Dwellings Per Lot (Maximum)
1
9.4.27
R1-27
1) Defined Area
By-law 9-2020
(Addition)
By-law 21-2020
(Addition)
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September 2006 | Consolidation Version April 2025
Section 10 - Residential Second Density (R2) Zone
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R1-27 as shown on Schedule "A", Map 3-1 to this By-law
2) Regulations
a) Lot Area (Minimum)
560 m2
b) Lot Frontage (Minimum)
14 m
c) Front Yard Depth (Minimum) 6 m (dwelling)
7.5 m (garage)
d) Exterior Side Yard Depth (Minimum) 3.5 m
e) Interior Side Yard Depth (Minimum) 1.5 m (one-storey)
1.8 m (two-storey)
f) Rear Yard Depth (Minimum) 7.5 m
g) Lot Coverage (Maximum) 40%
h) Building Height (Maximum) 12 m
i) Landscaped Open Space (Minimum) 30%
j) Number of Dwellings per Lot (Maximum) 1 only
9.4.28
R1-28
1) Defined Area
R1-28 as shown on Schedule "A", Map 2-5 to this By-law
2) Permitted Uses
expansion of the existing single detached dwelling to accommodate
a total of two dwelling units
residential home occupation
3) Regulations
a) Interior Side Yard Width (Minimum) 1.1 m from the westerly
lot line and 2 m from the
easterly lot line
9.4.28 R1-28-H
(1) Defined Area
R1-28-H as shown on Schedule A, Map 3-2 to this By-law.
(2) Permitted Uses
single detached dwelling
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September 2006 | Consolidation Version April 2025
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accessory uses, buildings or structures
(3) Regulations
a) Lot Frontage (minimum) 9.7 m (interior lot)
13.0 m (corner lot)
b) Lot Area (minimum) 290 m2 (interior lot)
390 m2 (corner lot)
c) Front Yard Depth (minimum) 6.0 m to garage
4.5 m to main dwelling
d) Exterior Side Yard (minimum) 3.5 m
e) Interior Side Yard (minimum) 1.2 m
f) Rear Yard Depth (minimum) 6.0 m
g) Lot Coverage (maximum) 45%
h) Building Height (maximum) 10.5 m
i) Lot Coverage (maximum) 45%
j) Landscaped Open Space (minimum) 25%
9.4.29 R1-29
(1) Defined Area
R1-29 as shown on Schedule "A", Map 3-1 to this By-law.
(2) Permitted Uses
converted dwelling
second dwelling unit
all other uses permitted under the R1 Zone
(3) Special Provisions
Notwithstanding any other Section of this By-law, a second dwelling unit
shall be permitted in an accessory building provided the gross floor area
of the said unit is not greater than 85 m2.
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September 2006 | Consolidation Version April 2025
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9.4.30 R1-30-H
(1) Defined Area
R1-30-H as shown on Schedule "A", Map 2-5 to this By-law.
(2) Regulations
(a) Lot Area (minimum)
400 m2
(b) Lot Frontage (minimum)
12 m
(c) Lot Coverage (maximum)
50%
9.4.31 R1-31-H
(1) Defined Area
R1-31-H as shown on Schedule "A", Map 2-3 to this By-law.
(2) Minimum Regulations
(a) Lot Area (minimum)
341 m2
(b) Lot Frontage (minimum)
11.4 m
(c) Front Yard Depth
6 m
(d) Exterior Side Yard width
3 m
(e) Interior Side Yard width
1.2 m
(f) Rear Yard Depth
7 m
9.5 TEMPORARY USES
The following site-specific temporary use Zones apply to existing or unique situations
where a specific use is permitted on a temporary basis, and are not the standard "R1"
Zone. If a regulation or use is not specified, the permitted uses of Subsection 9.2 and the
regulations of Subsections 9.3 and 9.4 shall apply. All permitted uses listed in this
subsection shall only be permitted until the expiry date listed for each such use, at which
time the use is no longer permitted and shall be removed.
9.5.1 T-R1-01 07-17-2024
(1) Defined Area
T-R1-01 07-17-2024 as shown on Schedule "A", Map 2-3 to this By-law
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(2) Permitted Uses
The following uses are permitted in the T-R1-01 07-17-2024 Zone in addition to
the uses specified in Subsection 9.2:
(a) The existing detached garage is permitted to remain on the subject property
in the absence of a main residential use for a temporary period not to exceed
(1) year.
(3) Expiry
The said existing detached garage shall be permitted in the absence of a main
residential use until the 17th day of July, 2024 at which time the structure shall be
removed from the lands affected, unless a single detached dwelling has been
constructed.
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SECTION 10. RESIDENTIAL SECOND DENSITY (R2) ZONE
10.1 SCOPE
The provisions of this Section shall apply in all Residential Second Density (R2) Zones
except as otherwise provided in the Special Provisions Subsection of this Section. R2 Zones
are intended for lots with both municipal water and sanitary sewer services.
10.2 PERMITTED USES
No person shall within any Residential Second Density (R2) Zone, use any lot or erect, alter
or use any building or structure for any purpose except for one or more of the following R2
Zone uses, namely:
(1) converted dwelling, to a maximum of two (2) dwelling units;
(2) duplex dwelling;
(3) residential home occupation, subject to Subsection 4.9;
(4) semi-detached dwelling;
(5) single detached dwelling.
10.3 REGULATIONS
No person shall, within any Residential Second Density (R2) Zone, use any lot or erect, alter
or use any building or structure except in accordance with the following provisions:
(1)
Lot Area (minimum)
(a) single detached, converted and duplex dwellings
800 m2
(b) semi-detached dwelling
400 m2 per unit
(2) Lot Frontage (minimum)
(a) single detached, converted and duplex dwellings
20.0 m
(b) semi-detached dwelling
10.0 m per unit
(3) Front and Exterior Side Yard Depth (minimum)
7.5 m
(4) Interior Side Yard Width (minimum)
2.0 m, provided
that no side yard
shall be required
between the
common wall
dividing individual
dwelling units.
(5) Rear Yard Depth (minimum)
8.0 m
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(6) Lot Coverage (maximum)
35% of lot area
(7) Building Height (maximum)
10.0 m
(8) Landscaped Open Space (minimum)
30% of lot area
(9) Number of Dwellings Per Lot (maximum)
1 only
(a) Single Detached and Semi-Detached Dwellings
1 dwelling unit per lot
(b) Converted and Duplex Dwellings
2 dwelling units per lot
10.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "R2" Zone. If a regulation or use is not specified, the permitted uses of Subsection
10.2 and the regulations of Subsection 10.3 shall apply.
10.4.1 R2-1
(1)
Defined Area
R2-1 as shown on Schedule "A" Map No. 2-1 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the R2-1 Zone in addition to the uses specified
in Subsection 10.2:
(a)
custom workshop in an existing building.
(3)
Prohibited Uses
The following uses are specifically prohibited in the R2-1 Zone in addition to the uses
specified in Subsection 4.29:
(a)
open storage.
(4)
Regulations
(a)
Floor Area (maximum)
(i) custom workshop
325 m2
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Section 10 - Residential Second Density (R2) Zone
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10.4.2 R2-2
(1)
Defined Area
R2-2 as shown on Schedule "A" Map No. 2-5 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 10.2, the permitted uses in
the R2-2 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
existing contractor's shop;
(c)
office, business;
(d)
office, professional;
(e)
repair establishment in an existing commercial building, excluding an
automobile service shop, body shop, vehicle repair garage and vehicle service
shop;
(f)
dwelling unit.
(3)
Prohibited Uses
The following uses are specifically prohibited in the R2-2 Zone in addition to the uses
specified in Subsection 4.29:
(a)
open storage accessory to a commercial use.
(4)
Regulations
(a)
Number of Parking Spaces (minimum) 5
10.4.3 R2-3
(1)
Defined Area
R2-3 as shown on Schedule "A" Map No. 2-6 to this By-Law.
(2)
Regulations
(a)
Exterior Side Yard Width (minimum)
(i) single unit, semi-detached, duplex and converted dwelling 3.5 m
By-law 31-2007
(Addition)
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Section 10 - Residential Second Density (R2) Zone
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By-law 76-2016
(Addition)
10.4.4 R2-4
(1)
Defined Area
R2-4 as shown on Schedule "A" of Map No. 2-6 and Map No. 3-1 to this By-Law.
(2)
Regulations
a) Minimum frontage
18.0 m
b) Exterior side yard
1.2 m
c) Interior side yard
1.2 m
d) Minimum lot area
810 m²
10.4.5 R2-5
(1) Defined Area
R2-5 as shown on Schedule "A", Map 2-2 to this By-law.
(2) Permitted Uses
The following uses are permitted in the R2-5 Zone in addition to the uses specified in
Subsection 10.2:
(a) Triplex Dwelling
(3) Regulations
(a) Front and Exterior Side Yard Depth (minimum)
7.2 m
(b) Number of Dwellings Per Lot (maximum)
3 dwelling units
per lot
10.4.6 R2-6-H
(1)
Defined Area
R2-6-H as shown on Schedule "A" Map No. 3-1 to this By-law.
(2)
Regulations
(a) Lot Area (Min)
640 m2
320 m2 per unit
By-law 9-2020
(Addition)
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Section 10 - Residential Second Density (R2) Zone
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(b) Lot Frontage (Min)
17.5 m
8.75 m per unit
(c) Front & Exterior Side Yard Depth (Min)
4.5 m to main building
6.0 m to garage
except where a
corner lot rear lot line
abuts an adjacent
corner lot rear lot line,
the Exterior Side Yard
requirement shall be
a minimum of 1.2 m
(d) Interior Side Yard Width (Min)
1.2 m provided no
side yard shall be
required between the
common wall dividing
individual dwelling
units
(e) Rear Yard Depth (Min)
7.5 m
(f) Lot Coverage (Max)
45 %
10.4.6 R2-6-H
(1) Defined Area
R2-6-H as shown on Schedule "A", Maps 2-5 and 41 to this By-law.
(2) Regulations
(a) Lot Area per semi-detached unit (Minimum) 300 m2
(b) Lot Frontage per semi-detached unit (Minimum) 9.5 m
(c) Lot Coverage (Maximum) 50%
10.4.7 R2-7-H
(1) Defined Area
R2-7-H as shown on Schedule "A", Map 3-2 to this By-law
(2) Permitted Uses
semi-detached dwelling
accessory uses buildings or structures
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Section 10 - Residential Second Density (R2) Zone
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(3) Regulations
a) Lot Area (minimum per unit) 300 m2
b) Lot Frontage (minimum per unit) 9 m
c) Front Yard Depth (minimum) 6.0 m to garage
4.5 m to main dwelling
d) Exterior Side Yard Width (minimum) 3.5 m
e) Interior Side Yard Width (minimum) 1.2 m
f) Rear Yard Depth (minimum) 6.0 m
g) Lot Coverage (maximum) 50%
h) Building Height (maximum) 10.5 m
i) Landscaped Open Space (minimum) 20%
10.4.7 R2-7
(1) Defined Area
R2-7 as shown on Schedule "A", Map 3-1 to this By-law
(2) Permitted Uses
Second dwelling unit
All other uses permiutted under the R2 Zone
(3) Regulations
b) Lot Frontage (Minimumt) 14.6 m
(4) Special Provision
Notwithstanding any other Section of this By-law, a second dwelling unit shall be
permitted in an accessory building provided the gross floor area of the said unit is
not greater than 85 m2.
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Section 11 - Residential Third Density (R3) Zone
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SECTION 11. RESIDENTIAL THIRD DENSITY (R3) ZONE
11.1 SCOPE
The provisions of this Section shall apply in all Residential Third Density (R3) Zones except
as otherwise provided in the Special Provisions Subsection of this Section. R3 Zones are
intended for lots with both municipal water and sanitary sewer services.
11.2 PERMITTED USES
No person shall within any Residential Third Density (R3) Zone, use any lot or erect, alter
or use any building or structure for any purpose except for one or more of the following R3
Zone uses, namely:
(1) apartment dwelling;
(2) fourplex dwelling;
(3) residential home occupation, subject to Subsection 4.9;
(4) stacked townhouse dwelling;
(5) street townhouse dwelling;
(6) townhouse dwelling;
(7) triplex dwelling.
11.3 REGULATIONS
No person shall, within any Residential Third Density (R3) Zone, use any lot or erect, alter
or use any building or structure except in accordance with the following provisions:
(1) Lot Area (minimum)
(a) apartment dwelling
250 m2 per unit for
the first four (4) units,
plus 100 m2 for each
additional unit
thereafter;
(b) fourplex, stacked townhouse, street townhouse,
townhouse and triplex dwellings
250 m2 per unit;
(2)
Lot Frontage (minimum)
(a) apartment, fourplex, stacked townhouse,
townhouse or triplex dwelling
30.0 m;
(b) street townhouse dwelling
6.0 m per unit;
(3)
Front and Exterior Side Yard Depth (minimum)
10.0 m
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Section 11 - Residential Third Density (R3) Zone
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(4)
Interior Side Yard Width (minimum)
(a) apartment, fourplex, stacked townhouse,
townhouse or triplex dwelling
10.0 m;
(b) street townhouse dwelling
3.0 m, provided that
no side yard shall be
required between the
common wall dividing
individual dwelling
units.
(5) Rear Yard Depth (minimum)
10.0 m
(6) Lot Coverage (maximum)
35% of lot area
(7) Building Height (maximum)
15.0 m
(8) Landscaped Open Space (minimum)
30% of lot area
11.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "R3" Zone. If a regulation or use is not specified, the permitted uses of Subsection
11.2 and the regulations of Subsection 11.3 shall apply.
11.4.1 R3-1
(1)
Defined Area
R3-1 as shown on Schedule "A" Map No. 2-2 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 11.2, the permitted uses in
the R3-1 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
converted dwelling.
(4)
Regulations
(a)
Number of Dwelling Units Per Lot (maximum)
3
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Section 11 - Residential Third Density (R3) Zone
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11.4.2 R3-2
(1)
Defined Area
R3-2 as shown on Schedule "A" Map No. 2-5 to this By-Law.
(2)
Regulations
(a)
Front Yard Depth (minimum)
7.0 m
11.4.3 R3-3
(1)
Defined Area
R3-3 as shown on Schedule "A" Map No. 2-6 to this By-Law.
(2)
Regulations
(a)
Rear Yard Depth (minimum)
(i) Main Building
3.5 m
(ii) Main Building at site triangle of Hamilton Road
and Foxhollow Drive
5.8 m
(iii) Accessory Building or Structure
1 m.
11.4.4 R3-4
(1)
Defined Area
R3-4 as shown on Schedule "A" Map No. 2-6 to this By-Law.
(2)
Regulations
(a)
Interior Side Yard Width (minimum)
(i) exposed building face is one storey in height
1.5 m
(b)
Exteriors Side Yard Width (minimum)
3.5 m
(c)
Rear Yard Depth (minimum)
7.5 m.
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11.4.5 R3-5
By-law 31-2010
(addition)
(1)
Defined Area
R3-5 as shown on Schedule A, Map 3-1 to this By-law.
(2)
Regulations
(a)
Lot Frontage (minimum)
16 m
(b)
Lot Area (minimum)
1.0 ha
The following regulations apply to a vacant land condominium residential development
within the Condominium Act of Ontario, where "units" are parcels of land upon which
dwelling units are constructed and conveyed. "Yards" are distances between "unit"
boundaries and dwelling units and garages.
(c)
Unit Area (minimum)
400 m²
(d)
Minimum Unit Frontage (minimum)
13 m
(e)
Front Yard Depth (minimum) for main building
4.5 m
for garage
6.0 m
(f)
Exterior Side Yard (minimum)
2.0 m
(g)
Interior Side Yard (minimum)
1.2 m
(h)
Rear Yard Depth (minimum)
5.0 m
(i)
Unit Coverage (maximum)
50 %
(j)
Building Height (maximum)
6 m
(k)
Density (maximum) units per hectare
20
(l)
Parking space per dwelling unit
1
(m)
Common elements landscaped open
space (minimum)
5 %
(n)
Landscaped open space per dwelling
unit (minimum)
20 %
11.4.6 R3-6
By-law 5-2011
(Addition)
1.
Defined Area
R3-6 as shown on Schedule A, Map 2-6 to this By-law.
2.
Regulations
a) Lot Frontage (minimum)
16m
b) Lot Area (minimum)
1.0 ha
c) Unit Area (minimum)
400 m²
d) Minimum Unit Frontage (minimum)
13 m
e) Front Yard Depth (minimum)
for main building
4.5 m
for garage
6.0m
f) Exterior Side Yard (minimum)
2.0m
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g) Interior Side Yard (minimum)
1.2 m
h) Rear Yard Depth (minimum)
5.0m
i) Unit Coverage (maximum)
50%
j) Building Height (maximum)
6m
k) Density (maximum) units per hectare
20
l) Parking space per dwelling unit
1
m) Common elements landscaped open space
(minimum)
5%
n) Landscaped open space per dwelling unit
(minimum)
20%
11.4.7 R3-7
By-law 28-2012
(addition)
1)
Defined Area
R3-7 as shown on Schedule (A), Map 2-5 to this By-law
2)
Permitted Uses
Notwithstanding the permitted uses listed in subsection 11.2, the permitted uses
in the R3-7 Zone shall be limited to the following.
a)
Retirement Home
b)
Clinic
11.4.8 R3-8
1) Defined Area
R3-8 as shown on Schedule "A", Maps 2-5 and 41 to this By-Law
2)
Permitted Uses
street and cluster townhouse dwellings as part of a Vacant Land
Condominium
all other uses permitted under the parent R3 Zone
3)
Regulations
a) Lot Area (per unit) (minimum) 255 square metres
b) Lot Frontage (per unit) (minimum) 11 metres
c) Front Yard Depth (minimum) 4.5 metres to main
building
6.0 metres to garage
d) Interior Side Yard Depth (minimum)
3.0 metres, except that
no side yard shall be
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required between the
common wall dividing
individual units
e) Exterior Side Yard Depth (minimum)
4.5 metres, except 2.5
metres adjacent to a
private road
f) Rear Yard Depth (minimum)
4.0 metres
g) Landscaped Open Space (minimum)
30% of lot area
h) Building Height (maximum)
15 metres
i) Lot Coverage (maximum)
60% of lot area
11.4.9 R3-9-H
1) Defined Area
R3-9-H as shown on Schedule A, Map 3-1 to this By-law.
2) Permitted Uses
single detached dwelling, as part of a Vacant Land Condominium
all other uses permitted under the parent R3 Zone
3)
Regulations
a) Lot Area (per unit) 170 m2
b) Lot Frontage (per unit) 6.0 m
c) Front Yard Depth (minimum) 4.5 m to main building
6.0 m to garage
d) Exterior Side Yard (minimum) 4.5 m, except 1.5 m
adjacent to a private road
e) Interior Side Yard (minimum) 1.2 m, except no side
yard shall be required
between the common
wall dividing individual
dwelling units
f) Rear Yard Depth (minimum) 7.5 m
g) Lot Coverage (maximum) 60%
h) Density 35 units per hectare
i) Building Height 15 m
j) Landscaped Open Space 30%
k) Sight Visibility Triangle Notwithstanding the
provisions of Section
4.25.2 of this By-law, the
sight triangle
requirements at the
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intersection of a private
road and a public street
shall be permitted to be 6
metres instead of 10
metres.
11.4.10
R3-10
1) Defined Area
R3-10 as shown on Schedule "A", Map 3-1 to this By-law
2) Permitted Uses
street townhouse dwelling
3) Regulations
a) Lot Area (per unit) 190 m2
b) Lot Frontage (per unit) 7.0 m
c) Front Yard Depth (Min) 4.5 m to main
building
6.0 m to garage
d) Exterior Side Yard Width (Min) 4.5 m, except 1.5
m adjacent to a
private road
e) Interior Side Yard Width (Min) 1.2m provided
that no side yard
shall be required
between the
common wall
dividing individual
dwelling units
f) Rear Yard Depth (Min) 7.5 m
g) Lot Coverage (Max) 56%
h) Building Height (Max) 12 m
i) Landscaped Open Space 30%
j) Sight Visibility Triangle Notwithstanding
the provisions of
Section 4.25.2 of
this By-law, the
sight triangle
requirements at
the intersection of
the private
driveway and the
public street shall
be permitted to be
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6 metres instead
of 10 metres.
11.4.11 R3-11-H
1) Defined Area
R3-11-H as shown on Schedule "A", Map 3-2 to this By-law
2) Permitted Uses
street townhouse dwelling
accessory uses building or structures
3) Regulations
a) Lot Area (minimum) 180 m2
b) Lot Frontage (minimum) 6.0 m
c) Front Yard Depth (minimum) 6.0 m to garage
4.5 m to main dwelling
d) Exterior Side Yard Width (minimum) 3.5 m
e) Interior Side Yard Width (minimum) 1.2 m
0 m adjacent to common wall
f) Rear Yard Depth (minimum) 6.0 m
g) Lot Coverage (maximum) 60%
h) Building Height (maximum) 12.5 m
i) Landscaped Open Space 20%
j) Lot Depth 30 m
11.4.12 R3-12-H
1) Defined Area
R3-12-H as shown on Schedule "A", Map 2-5 to this By-law
2) Permitted Uses limited to the following:
apartment dwelling
fourplex dwelling
retirement home/ lodge
stacked/ back-to-back townhouse dwelling
street townhouse dwelling
townhouse dwelling
triplex dwelling
residential home occupation, subject to Subsection 4.9
3) Regulations
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a) Lot Area (per unit) 200 m2
b) Front Yard Depth (minimum) 6 m
c) Exterior Side Yard Depth (minimum) 6 m
e) Interior Side Uard Width (minimum) 3 m
f) Rear Yard Depth (minimum) 9 m
g) Height (maximum) 4 storeys
h) Density (maximum) 75 units per ha
11.4.13 R3-13-H
1) Defined Area
R3-13-H as shown on Schedule "A", Map 2-5 to this By-law
2)
Permitted Uses limited to the following:
fourplex dwelling
stacked townhouse dwelling
street townhouse dwelling
townhouse dwelling
triplex dwelling
residential home occupation, subject o Subsection 4.9
3)
Regulations
a) Front Yard Depth (minimum) 6 m
b) Exterior Side Yard Depth (minimum) 6 m
c) Interior Side Yard Width (minimum) 1.4 m
d) Rear Yard Depth (minimum) 7.5 m
e) Lot Covergae (maximum) 50%
f) Density (maximum) 35 units per ha
11.4.14 R3-14-H
1) Defined Area
R3-14-H as shown on Schedule "A", Map 2-5 to this By-law
2) Permitted Uses limited to the following:
apartment dwelling
fourplex dwelling
stacked/ back-to-back townhouse dwelling
street townhouse dwelling
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Section 11 - Residential Third Density (R3) Zone
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townhouse dwelling
triplex dwelling
residential home occuapation, subject to Subsection 4.9
3) Regulations
a) Lot Area (per unit) 125 m2
b) Front Yard Depth (minimum) 6 m
c) Exterior Side Yard Depth 4 m
e) Interior Side Yard Depth (minimum) 3 m
f) Rear Yard Depth (minimum) 3 m
g) Density (maximum) 80 units per ha
11.4.15
R3-15-H
1) Defined Area
R3-15-H as shown on Schedule "A", Map 2-5 to this By-law
2) Permitted Use
Townhouse dwellings
Street townhouse dwelling
Residential home occupation, subejct to Subsection 4.9
3) Regulations
a) Lot Area (per unit)
250m2
b) Lot Frontage
townhouse 30m
Street townhouse 6m per unit
c) Front Yard Depth (minimum)
4.5m to main dwelling
6m to garage
d) Exterior Side Yard Depth (minimum)
10m
e) Interior Side Yard Width
townhouse 3m
Street townhouse dwelling
3m provided that no side
yard shall be required
between the common wall
dividing individual dwelling
units
f) Rear Yard Depth
10m
11.4.16
R3-16-H
1) Defined Area
R3-16-H as shown on Schedule "A", Map 3-1 to this By-law
2) Permitted Use
Townhouse dwellings
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3) Regulations
a) Front Yard Depth (miniumum)
8 metres
g) Interior Side Yard Width (minimum)
2 metres, except no
side yard shall be
required between the
common wall dividing
individual units
h) Rear Yard Depth (minimum)
6.6 metres
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Section 12 - Rural Residential (RR) Zone
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SECTION 12. RURAL RESIDENTIAL (RR) ZONE
12.1 SCOPE
The provisions of this Section shall apply in all Rural Residential (RR) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
12.2 PERMITTED USES
No person shall within any Rural Residential (RR) Zone, use any lot or erect, alter or use
any building or structure for any purpose except for one or more of the following RR Zone
uses, namely:
(1) accessory dwelling unit or mobile home in accordance with Subsection 12.4.1;
(2) bed and breakfast establishment, subject to Subsection 4.2;
(3) residential home occupation, subject to Subsection 4.9;
(4) single detached dwelling.
12.3 REGULATIONS
No person shall, within any Rural Residential (RR) Zone, use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(1) Lot Area (minimum)
1.5 ha
(2) Lot Frontage (minimum)
75.0 m
(3) Front and Exterior Side Yard Depth (minimum)
25.0 m
(4) Interior Side Yard Width (minimum)
15.0 m
(5) Rear Yard Depth (minimum)
20.0 m
(6) Lot Coverage (maximum)
5% of lot area
(7) Building Height (maximum)
10.0 m
(8) Landscaped Open Space (minimum)
30% of lot area
(9) Number of Dwellings Per Lot (maximum)
1 only
12.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "RR" Zone. If a regulation or use is not specified, the permitted uses of Subsection
12.2 and the regulations of Subsections 12.3 and 12.4 shall apply.
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12.4.1 RR-1
(1)
Defined Area
RR-1 as shown on Schedule "A" Map No. 5 to this By-Law.
(2)
Regulations
(a)
Lot Area (minimum)
5.4 ha
(b)
Lot Frontage (minimum)
248 m
12.4.2 RR-2
(1)
Defined Area
RR-2 as shown on Schedule "A" Map No. 5 to this By-Law.
(2)
Regulations
(a)
Lot Area (minimum)
2.1 ha
(b)
Lot Frontage (minimum)
100 m
12.4.3 RR-3
(1)
Defined Area
RR-3 as shown on Schedule "A" Map No. 5 to this By-Law.
(2)
Regulations
(a)
Lot Area (minimum)
3.3 ha
(b)
Lot Frontage (minimum)
148 m
12.4.4 RR-4
(1)
Defined Area
RR-4 as shown on Schedule "A" Map No. 27 to this By-Law.
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Section 12 - Rural Residential (RR) Zone
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(2)
Permitted Uses
The following uses are permitted in the RR-4 Zone in addition to the uses specified
in Subsection 12.2:
(a)
service shop in an existing building.
(3)
Regulations
(a)
Floor Area (maximum)
(i) service shop
260 m2
(b)
Lot Coverage (maximum)
30%
(c)
Setback (minimum)
(i) service shop
25 m
12.4.5 RR-5
(1)
Defined Area
RR-5 as shown on Schedule "A" Map No. 35 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 12.2, the permitted uses in
the RR-5 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
residential home occupation;
(c)
single detached dwelling.
(3)
Regulations
(a)
Lot Area (minimum)
5,000 m2
(b)
Lot Frontage (minimum)
45 m
(c)
Front Yard Depth (minimum)
25 m
(d)
Side Yard Width (minimum)
8.0 m
(e)
Rear Yard Depth (minimum)
10.0 m
(f)
Lot Coverage (maximum)
15%
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(g)
Floor Area (minimum)
(i) single detached dwelling
200 m2
(h)
Setback from Railways
75 m measured from
the nearest main wall of
a dwelling to the edge of
a railway.
(i)
Accessory Buildings and Structures
(i) floor area (maximum)
65% of the ground floor area
of the dwelling or 150 m2,
whichever is lesser
12.4.6 RR-6
(1)
Defined Area
RR-6 as shown on Schedule "A" Map No. 9 to this By-Law.
(2)
Regulations
(a) Lot Area (minimum)
1.0 ha
12.4.7 RR-7
By-law #42-2013
(addition)
(1) Defined Area
RR-7 as shown on Schedule 'A", Map 26 to this By-Law.
(2) Regulations
(a) Lot Area (minimum) 2000 square metres
(b) Lot Frontage (minimum) 30 metres
(c) Front Yard Depth (minimum) 20 metres
(d) Side Yard Width (minimum) 4 metres
(e) Rear Yard Depth (minimum) 10 metres
(f) Lot Coverage (maximum) 20 per cent
12.4.8 RR-8
(1) RR-8 as shown on Schedule "A", Map 47 to this By-law
(2) Regulations
(a) Lot Area (minimum) 0.6 hectares
By-Law # 88-2007
(addition)
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Section 12 - Rural Residential (RR) Zone
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MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version August 2023
Section 13 - Mobile Home Park (MHP) Zone
Page 199
SECTION 13. MOBILE HOME PARK (MHP) ZONE
13.1 SCOPE
The provisions of this Section shall apply in all Mobile Home Park (MHP) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
13.2 PERMITTED USES
No person shall within any Mobile Home Park (MHP) Zone, use any lot or erect, alter or use
any building or structure for any purpose except for one or more of the following MHP Zone
uses, namely:
(1) mobile homes;
(2) mobile home park.
13.3 REGULATIONS
No person shall, within any Mobile Home Park (MHP) Zone, use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
(1) Lot Area (minimum)
(a) mobile home park
4.0 ha
(b) mobile home site
335 m2
(2) Lot Frontage (minimum)
(a) mobile home park
100 m
(b) mobile home site
13.0 m
(3) Front and Exterior Side Yard Depth (minimum)
(a) mobile home park
25.0 m
(b) mobile home site
3.0 m
(4) Interior Side Yard Width (minimum)
(a) mobile home park
15.0 m
(b) mobile home site
3.0 m
(5) Rear Yard Depth (minimum)
(a) mobile home park
15.0 m
(b) mobile home site
4.0 m
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Section 13 - Mobile Home Park (MHP) Zone
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(6) Lot Coverage (maximum)
(a) mobile home park
25% of lot area
(b) mobile home site
30% of mobile home site
(7) Building Height (maximum)
5.0 m
(8) Landscaped Open Space (minimum)
5% of lot area for use in
common by all persons
living within the mobile
home park, plus 30% of
the area of each mobile
home site
(9) Number of Dwellings (maximum)
(a) mobile home park
17 mobile homes per ha
(b) mobile home site
1 mobile home per
mobile home site
13.4 SPECIAL REGULATIONS
13.4.1 CLARIFICATION OF YARD REQUIREMENTS FOR MOBILE HOME SITES
Notwithstanding the definitions contained in Section 2 hereof, the lot area, lot frontage and
yards pertaining to mobile home sites shall be determined as if such mobile home sites
were separate lots as defined herein and as if any driveways providing access to the said
mobile home sites were improved streets. However, no mobile home shall be located
within a mobile home park except in compliance with the minimum yard requirements
applying to the lot as a whole, as established in Subclause (a) of Clauses (3), (4) and (5)
of Subsection 13.3.
13.5 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "MHP" Zone. If a regulation or use is not specified, the permitted uses of
Subsection 13.2 and the regulations of Subsections 13.3 and 13.4 shall apply.
13.5.1 MHP-1
(1)
Defined Area
MHP-1 as shown on Schedule "A" Map No. 48 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the MHP-1 Zone in addition to the uses specified
in Subsection 13.2:
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Section 13 - Mobile Home Park (MHP) Zone
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(a)
campground or recreational trailer park, subject to the regulations of the
Commercial Recreation (CR) Zone found in Subsection 18.3 of this By-law and
the regulations of Clause (3) below.
(3)
Regulations
(a)
Number of Mobile Home Sites (maximum)
100
(b)
Setback to County Road No. 32 (minimum)
(i) mobile home or recreational vehicle
120 m
13.5.2 MHP-2
(1)
Defined Area
MHP-2 as shown on Schedule "A" Map No. 48 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the MHP-2 Zone in addition to the uses specified
in Clause (2) of Subsection 13.5.1:
(a)
office, professional
(b)
retail store.
13.5.3 MHP-3
(1)
Defined Area
MHP-3 as shown on Schedule "A" Map No. 52 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the MHP-3 Zone in addition to the uses specified
in Subsection 13.2:
(a)
campground or recreational trailer park, subject to the regulations of the
Commercial Recreation (CR) Zone found in Subsection 18.3 of this By-law.
(3)
Regulations
(a)
Number of Mobile Home Sites (maximum)
55.
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September 2006 | Consolidation Version October 2024
Section 14 - General Commercial (GC) Zone
Page 202
SECTION 14. GENERAL COMMERCIAL (GC) ZONE
14.1 SCOPE
The provisions of this Section shall apply in all General Commercial (GC) Zones except as
otherwise provided in the Special Provisions Subsection of this Section. The two (2)
variations (GC1 and GC2 inclusive) which comprise the zone are differentiated on the basis
of site requirements and permitted uses. The GC1 zone variation provides for commercial
uses intended for lands with a range of available municipal services, while the GC2 zone
variation is intended exclusively for lots serviced by both municipal water and sanitary sewer
facilities.
14.2 PERMITTED USES
No person shall within any General Commercial (GC) Zone, use any lot or erect, alter or use
any building or structure for any purpose except as follows for each zone variation:
14.2.1 GC1 ZONE VARIATION
The following uses are permitted in the GC1 Zone:
(1)
accessory dwelling unit in accordance with Subsection 14.4.1;
(2) art gallery;
(3) assembly hall;
(4) auto supply store;
(5) bake shop;
(6) banquet hall;
(7) brewing on premises establishment;
(8) caterer's establishment;
(9) clinic;
(10) club;
(11) community centre;
(12) convenience store;
(13) day nursery;
(14) dry cleaner's distribution station;
(15) duplicating shop;
(16) florist shop;
(17) food store;
(18) funeral home;
(19) lodging house type 1;
(20) office;
(21) personal service establishment;
(22) place of entertainment or amusement;
(23) place of worship;
(24) retail store;
(25) restaurant, coffee shop;
(26) studio.
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Section 14 - General Commercial (GC) Zone
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14.2.2 GC2 ZONE VARIATION
The following uses are permitted in the GC2 Zone:
(1)
accessory dwelling unit in accordance with Subsection 14.4.1;
(2) art gallery;
(3) assembly hall;
(4) auto supply store;
(5) bake shop;
(6) banquet hall;
(7) brewing on premises establishment;
(8) caterer's establishment;
(9) clinic;
(10) club;
(11) community centre;
(12) convenience store;
(13) data processing establishment;
(14) day nursery;
(15) drive-through facility;
(16) dry cleaner's distribution station;
(17) duplicating shop;
(18) film processing depot;
(19) financial institution;
(20) florist shop;
(21) food store;
(22) hotel/motel;
(23) lodging house type 1;
(24) museum;
(25) office;
(26) parking area or lot;
(27) personal service establishment;
(28) pharmacy;
(29) place of entertainment or amusement;
(30) place of worship;
(31) repair and rental establishment;
(32) restaurant;
(33) retail store;
(34) restaurant, coffee shop;
(35) studio;
(36) tavern;
(37) theatre;
(38) veterinary clinic, small animal.
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Section 14 - General Commercial (GC) Zone
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14.3 REGULATIONS
No person shall, within any General Commercial (GC) Zone, use any lot or erect, alter or
use any building or structure except in accordance with the following provisions for each
zone variation:
14.3.1 GC1 ZONE VARIATION - REGULATIONS
The following regulations shall apply to the GC1 Zone:
(1) Lot Area (minimum)
(a) lot with no municipal services available
3,000 m2
(b) lot with municipal water service only
2,000 m2
(c) lot with municipal sanitary sewer service only
1,500 m2
(d) lot with both municipal water and sanitary sewer service
700 m2
(2) Lot Frontage (minimum)
(a) lot with no municipal services available
30.0 m
(b) lot with municipal water and/or sanitary sewer services
15.0 m
(3) Front and Exterior Side Yard Depth (minimum)
10.0 m
(4) Interior Side Yard Width (minimum)
7.5 m
(5) Rear Yard Depth (minimum)
10.0 m
(6) Lot Coverage (maximum)
20% of lot area
(7) Building Height (maximum)
12.0 m
(8) Landscaped Open Space (minimum)
10% of lot area
14.3.2 GC2 ZONE VARIATION - REGULATIONS
The following regulations shall apply to the GC2 Zones:
(1) Lot Area (minimum)
700 m2
(2) Lot Frontage (minimum)
15.0 m
(3) Front and Exterior Side Yard Depth (minimum)
No Minimum
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Section 14 - General Commercial (GC) Zone
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(4) Interior Side Yard Width (minimum)
(a) side yard abuts a Residential or Future Development Zone
7.5 m
(b) all other cases
No Minimum
(5) Rear Yard Depth (minimum)
6.0 m
(6) Lot Coverage (maximum)
60% of lot area
(7) Building Height (maximum)
10.0 m
(8) Landscaped Open Space (minimum)
10% of lot area
14.4 SPECIAL USE REGULATIONS
14.4.1 ACCESSORY DWELLING
One (1) accessory dwelling unit shall be permitted in the GC Zone, subject to the following
regulations;
(1) The dwelling unit shall be located entirely above the first floor of the building, with
exception to the entrance or entrances to the dwelling unit;
(2) The dwelling unit shall only be permitted as a secondary and ancillary use to the
main permitted use;
(3) The gross floor area of the dwelling shall not exceed 50% of the floor area of the
main building;
(4) Notwithstanding the minimum yard requirements in Subsection 14.3.2 for the GC2
Zone variation, where a window to a habitable room of an accessory dwelling unit
faces the interior side yard of the lot, the minimum interior side yard width shall be
3.0 metres, except where the lot abuts a Residential Zone, in which the yard
requirements of Subsection 14.3.2 shall apply.
14.5 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "GC" Zone. If a regulation or use is not specified, the permitted uses of Subsection
14.2 and the regulations of Subsections 14.3 and 14.4 shall apply.
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Section 14 - General Commercial (GC) Zone
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GC1 ZONE VARIATION
14.5.1 GC1-1
(1)
Defined Area
GC1-1 as shown on Schedule "A" Map No. 3-1 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 14.2.1, the permitted uses
in the GC1-1 Zone shall be limited to the following:
(a)
automobile service station;
(b)
body shop;
(c)
single detached dwelling;
(d)
vehicle repair garage.
(3)
Regulations
(a)
Front Yard Depth (minimum)
7.5 m
14.5.2 GC1-2
(1)
Defined Area
GC1-2 as shown on Schedule "A" Map No. 3-1 to this By-Law.
(2)
Regulations
(a)
Lot Area (minimum)
300 m2
(b)
Number of Parking Spaces (minimum)
0
14.5.3 GC1-3
(1)
Defined Area
GC1-3 as shown on Schedule "A" Map No. 39A to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 14.2.1, the permitted uses
in the GC1-3 Zone shall be limited to the following:
(a)
automobile service station;
(b)
body shop;
(c)
service shop;
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(d)
single detached dwelling;
(e)
vehicle repair garage;
(f)
vehicle service shop.
14.5.4 GC1-4
(1)
Defined Area
GC1-4 as shown on Schedule "A" Map No. 44A to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the GC1-4 Zone in addition to the uses specified
in Subsection 14.2.1:
(a)
garden centre;
(b)
market garden.
14.5.5 GC1-5
(1)
Defined Area
GC1-5 as shown on Schedule "A" Map No. 39A to this By-Law.
(2)
Permitted Uses
The permitted uses in the GC1-5 Zone shall be limited to the following:
(a)
ambulance service establishment;
(b)
automobile service station;
(c)
convenience store;
(d)
gas bar;
(e)
marine sales and service;
(f)
service shop;
(g)
vehicle sales or rental establishment.
14.5.5.1
GC1-6
By-law 54-2010
(Addition)
(1)
Defined Area
GC1-6 as shown on Schedule "A" Map No. 48 to this By-law.
(2)
Permitted Uses
(a)
a single unit dwelling
(b)
a clinic
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14.5.5.2
GC1-7
By-law 10-2017
(Addition)
(1)
Defined Area
GC1-7 as shown on Schedule (A), Map 39A to this By-law
(2)
Permitted Uses:
The following uses are permitted in the GC1-7 Zone in addition to all other uses
specified in Section 14.2.1:
a) Gas Bar and Fast Food Restaurant
14.5.5.3 GC1-8
By-law 97-2011
(Addition)
(1) Defined Area:
GC1-8 as shown on Schedule "A ", Map 39A to this By -law'
(2) Permitted Uses:
The following uses are permitted in the GC1-8 Zone in addition to
all other uses specified in Section 14.2.1:
a) marine sales and service
b) parking area or lot
c) repair and rental establishment
d) vehicle sales or rental establishment
e) warehouse
14.5.5.4 GC1-9
By-law 75-2012
(Addition)
(1)
Defined Area
GC1-9 as shown on Schedule "A", Map 3-1 to this By-law
(2)
Permitted Uses
The following uses are permitted in the GC1-9 Zone in
addition to all other uses specified in Section 14.5.5.
(a) vehicle repair garage
(b) agricultural equipment sales and service establishment
14.5.5.5 GC1-10
By-law 13-2013
(Addition)
(1)
Defined Area
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GC1-10 as shown on Schedule "A", Map 62A to this By-law
(2)
Permitted Uses
The following uses are permitted in the GC1-10 Zone in addition to all other uses
specified in Section 14.2.1.
a) vehicle sales and rental establishment
b) vehicle repair garage
14.5.5.6 GC1-11
By-law 69-2013
(Addition)
(1)
Defined Area
GC1-11 as shown on Schedule "A", Map 39A to this By-law
(2)
Permitted Uses
The following uses are permitted in the GC1-11 Zone in addition to all other uses
specified in Section 14.2.1.
a) Single Unit Dwelling
b) Marine Sales and Service
c) Vehicle Sales/ Rental Establishment
d) Converted Dwelling
14.5.5.6 GC1-12
By-law 108-2019
(Addition)
(1)
Defined Area
GC1-12 as shown on Schedule "A", Map 3-1 to this By-law
(2)
Permitted Uses
Notwithstanding the permitted uses listed under Section 14.2.1, the permitted
uses of the GC1-12 Zone shall be limited to the following uses:
a) dwelling unit(s)
b) clinic
c) day nursery
d) office
e) personal service establishment
f) studio
g) veterinary clinic
h) caterer' s establishment
14.5.5.6 GC1-13
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(1) Defined Area
GC1-13 as shown on Schedule "A", Map 3-1 to this By-law.
(2)
Permitted Uses
accessory dwelling units
all other uses permitted under the GC1 Zone
(3)
Regulations for accessory dwelling units
Notwithstanding any other section of this By-law, accessory
dwelling units shall be permitted subject to the following
regulations:
(i) Dwelling units shall only be permitted as a secondary
and ancillary use to the main permitted commercial use.
(ii) Dwelling units shall be permitted on the first floor of the
building limited to the rear portion of the building and to
a maximum floor area of 55 square metres;
(iii) Dwelling units shall also be permitted above the first
floor of the building.
14.5.5.7 GC1-14
(1) Defined Area
GC1-14 as shown on Schedule "A", Map 3-1 to this By-law.
(4)
Permitted Uses
Dwelling, multiple unit
All other uses specified in Section 14.2.1
GC2 ZONE VARIATION
14.5.6 GC2-1
(1)
Defined Area
GC2-1 as shown on Schedule "A" Map No. 2-5 to this By-Law.
(2)
Permitted Uses
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Notwithstanding the permitted uses listed in Subsection 14.2.2, the permitted uses
in the GC2-1 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
office, professional;
(c)
office, service.
14.5.7 GC2-2
(1)
Defined Area
GC2-2 as shown on Schedule "A" Map No. 2-6 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 14.2.2, the permitted uses
in the GC2-2 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
brewing on premises establishment;
(c)
convenience store;
(d)
dry cleaning establishment;
(e)
garden centre;
(f)
gas bar;
(g)
multiple-unit dwelling containing a maximum of two dwelling units;
(h)
office, professional;
(i)
office, service.
14.5.8 GC2-3
(1)
Defined Area
GC2-3 as shown on Schedule "A" Map No. 2-5 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 14.2.2, the permitted uses
in the GC2-3 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
clinic;
(c)
club;
(d)
convenience store;
(e)
day nursery;
(f)
office;
(g)
parking lot;
(h)
place of entertainment or amusement;
(i)
restaurant;
(j)
retail store;
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(k)
service shop;
(l)
vehicle sales or rental establishment;
(m) personal service establishment.
14.5.9 GC2-4
(1)
Defined Area
GC2-4 as shown on Schedule "A" Map No. 2-5 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 14.2.2, the permitted uses
in the GC2-4 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
art gallery;
(c)
assembly hall;
(d)
bake shop;
(e)
clinic;
(f)
club;
(g)
convenience store;
(h)
data processing establishment;
(i)
day nursery;
(j)
dry cleaner's distribution station;
(k)
financial institution;
(l)
florist ship;
(m) hotel/motel;
(n)
museum;
(o)
office;
(p)
parking lot;
(q)
personal service establishment;
(r)
place of entertainment or amusement;
(s)
restaurant;
(t)
retail store;
(u)
drive-through facility;
(v)
food store;
(w)
restaurant, coffee shop;
(x)
restaurant, drive-through;
(y)
restaurant, fast food.
(3)
Regulations
(a)
Front and Exterior Side Yard Depth (minimum)
10 m
(b) Interior Side Yard Width (minimum)
(i) side yard abutting Residential or Future Development Zone 6 m
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(ii) all other cases 0 m
(c) Notwithstanding any other section of this By-law, a stormwater management
facility shall be permitted within the required area for landscaped open space
and/or planting strips.
14.5.10 GC2-5
(1)
Defined Area
GC2-5 as shown on Schedule "A" Map No. 2-5 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 14.2.2, the permitted uses
in the GC2-5 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
art gallery;
(c)
assembly hall;
(d)
bake shop;
(e)
clinic;
(f)
club;
(g)
convenience store;
(h)
data processing establishment;
(i)
day nursery;
(j)
dry cleaner's distribution station;
(k)
financial institution;
(l)
florist ship;
(m) museum;
(n)
office;
(o)
parking lot;
(p)
personal service establishment;
(q)
place of entertainment or amusement;
(r)
restaurant;
(s)
retail store.
(2)
Regulations
(a)
Front and Exterior Side Yard Depth (minimum)
10 m.
14.5.11 GC2-6
By-law 15-2023
(addition)
(1) Defined Area
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GC2-6 as shown on Schedule "A", Map 3-1 to this By-law
(2) Permitted Uses
In addition to the uses specified in Section 14.2.2 of this By-law, the following
additional uses are permitted in the GC2-6 Zone:
(a)
gas bar
(b)
professional office
(c)
restaurant, drive-through
14.5.12 GC2-7
(1)
Defined Area
GC2-7 as shown on Schedule "A", Map 3-1 to this By-law
(2) Permitted Uses
The following uses are permitted in the GC2-7 Zone in addition to the uses
specified in Subsection 14.2.2:
(a)
contractor's yard or shop
(b)
vehicle repair garage
(c)
accessory vehicle sales establishment
(d)
gas bar
(e)
restaurant, drive-through
(f)
automated car wash establishment
(3)
Regulations
(a) The accessory vehicle sales establishment shall only be permitted within the
existing fenced compound are and limited to six (6) vehicles
(b) Municipal Drain Setback 3.5 metres
(c) Interior Side Yard Width adjacent to a Residential Zone 3 metres
14.5.13 GC2-8-H
1) Defined Area
GC2-8-H as shown on Schedule "A", Map 2-5 to his By-law.
2) Permitted Uses
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Office, medical/dental
All other uses permitted under the parent GC2 Zone
3) Regulations
a) Front Yard Depth (minimum) 6 m
b) Exterior Side Yard Depth (minimum) 6 m
c) Building Height (maximum) 4 storeys
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SECTION 15. HIGHWAY COMMERCIAL (HC) ZONE
15.1 SCOPE
The provisions of this Section shall apply in all Highway Commercial (HC) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
15.2 PERMITTED USES
No person shall within any Highway Commercial (HC) Zone, use any lot or erect, alter or
use any building or structure for any purpose except for one or more of the following HC
Zone uses, namely:
(1)
automobile service station;
(2)
automotive use;
(3)
building supply outlet;
(4)
bulk sales establishment;
(5)
car wash establishment, automated, subject to Subsection 15.4.1;
(6)
car wash establishment, manual, subject to Subsection 15.4.1;
(7)
drive-through facility;
(8)
garden centre;
(9)
gas bar;
(10) hotel/motel;
(11) marine sales and service;
(12) market garden;
(13) nursery and garden centre;
(14) residential home occupation, subject to Subsection 4.9;
(15) restaurant;
(16) restaurant, drive-through;
(17) single detached dwelling;
(18) taxi establishment;
(19) vehicle repair garage;
(20) vehicle sales or rental establishment;
(21) veterinarian clinic.
15.3 REGULATIONS
No person shall, within any Highway Commercial (HC) Zone, use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
(1) Lot Area (minimum)
(a)
lot with no municipal services available
4,000 m2
(b)
lot with municipal water service only
3,000 m2
(c)
lot with municipal sanitary sewer service only
1,500 m2
(d)
lot with both municipal water and sanitary sewer service
1,000 m2
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(2) Lot Frontage (minimum)
(a)
lot with no municipal services available
60.0 m
(b)
lot with municipal water and/or sanitary sewer services
30.0 m
(3) Front and Exterior Side Yard Depth (minimum)
15.0 m
(4) Interior Side Yard Width (minimum)
(a)
side yard abuts a Residential Zone
10.0 m
(b)
all other cases
7.0 m
(5) Rear Yard Depth (minimum)
10.0 m
(6) Lot Coverage (maximum)
25% of lot area
(7) Building Height (maximum)
10.0 m
(8) Landscaped Open Space (minimum)
30% of lot area
15.4 SPECIAL USE REGULATIONS
15.4.1 CAR WASH ESTABLISHMENTS
Notwithstanding that automated and manual car wash establishments are permitted uses
in the HC Zone, no car wash establishment shall be permitted unless the lot containing
the car wash establishment is serviced by both municipal water and sanitary sewer
facilities.
15.5 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "HC" Zone. If a regulation or use is not specified, the permitted uses of Subsection
15.2 and the regulations of Subsections 15.3 and 15.4 shall apply.
15.5.1 HC-1
(1)
Defined Area
HC-1 as shown on Schedule "A" Map No. 22 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 15.2, the permitted uses in
the HC-1 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
sale and service of recreational vehicles.
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15.5.2 HC-2
(1)
Defined Area
HC-2 as shown on Schedule "A" Map No. 27 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the HC-2 Zone in addition to the uses specified
in Subsection 15.2:
(a)
contractor's yard or shop.
15.5.3 HC-3
(1)
Defined Area
HC-3 as shown on Schedule "A" Map No. 27 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 15.2, the permitted uses in
the HC-3 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
automobile service station;
(c)
existing single detached dwelling;
(d)
open storage accessory to an automobile service station or vehicle repair
garage;
(e)
vehicle service shop.
(f)
vehicle wholesaling establishment.
(3)
Regulations
(a)
Open Storage
Open storage accessory to an automobile service station or vehicle service
shop shall:
(i) not be permitted within a front yard;
(ii) not exceed twenty-five percent (25%) of the area of the lot;
(iii) be enclosed by a continuous, opaque fence with a minimum height of two
(2.0) metres and a maximum height of two and one-half (2.5) metres.
15.5.4 HC-4
(1)
Defined Area
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HC-4 as shown on Schedule "A" Map No. 27 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the HC-4 Zone in addition to the uses specified
in Subsection 15.2:
(a)
wholesaling, retailing and fabrication of plastic products.
15.5.5 HC-5
(1)
Defined Area
HC-5 as shown on Schedule "A" Map No. 27 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the HC-5 Zone in addition to the uses specified
in Subsection 15.2:
(a) existing single detached dwelling.
15.5.6 HC-6
(1)
Defined Area
HC-6 as shown on Schedule "A" Map No. 33 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 15.2, the permitted uses in
the HC-6 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) automobile service station;
(c) body shop;
(d) single detached dwelling;
(e) vehicle repair garage;
(f)
vehicles service shop.
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15.5.7 HC-7
(1)
Defined Area
HC-7 as shown on Schedule "A" Map No. 39 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 15.2, the permitted uses in
the HC-7 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
accessory dwelling unit;
(c)
banquet hall;
(d)
park, private;
(e)
studio;
(f)
contractors yard or shop.
(3)
Regulations
(a) Rear Yard Depth 220 metres
15.5.8 HC-8
(1)
Defined Area
HC-8 as shown on Schedule "A" Map No. 42 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 15.2, the permitted uses in
the HC-8 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
banquet hall;
(c)
gas bar;
(d)
restaurant;
(e)
shopping centre.
15.5.9 HC-9
(1)
Defined Area
HC-9 as shown on Schedule "A" Map No. 46 to this By-Law.
(2)
Permitted Uses
By-Law 87-2006
(addition)
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Notwithstanding the permitted uses listed in Subsection 15.2, the permitted uses in
the HC-9 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
custom workshop.
15.5.10 HC-10
(1) Defined Area
HC-10 as shown on Schedule "A" Map No. 46 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 15.2, the permitted uses
in the HC-10 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
drive-in theatre.
15.5.11 HC-11
By-law 18-2012
(Replaced)
(1)
Defined Area
HC-11 as shown on Schedule "A" Map No. 46 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 15.2, the permitted uses
in the HC-11 Zone shall be limited to the following:
a)
accessory building, structure or use;
b)
agricultural equipment sales and service establishment;
c)
automobile service establishment;
d)
contractor's yard or shop;
e)
existing single detached dwelling;
f)
vehicle sales or rental establishment;
g)
warehouse, public self-storage.
15.5.12 HC-12
(1) Defined Area
T-HC-12 01-29-2021 as shown on Schedule "A" Map No. 54 to this By-Law
(2) Permitted Uses
Notwithstanding the permitted uses listed in Subsection 15.2, the permitted uses in
Deletion
By-law No.
11-2018
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the T-HC-12 01-29-2021 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) existing single detached dwelling;
(c) sale, repair and maintenance of hot air balloons and related products.
(d) mobile home
(3) Expiry
The said mobile home shall be permitted until the 29th day of January, 2021, at
which time the structure shall be removed from the lands affected.
15.5.13 HC-13
(1) Defined Area
HC-13 as shown on Schedule "A" Map No. 43 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 15.2, the permitted uses
in the HC-13 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
automobile service station;
(c)
car wash establishment, automated, subject to Subsection 15.4.1;
(d)
car wash establishment, manual, subject to Subsection 15.4.1;
(e)
convenience store;
(f)
fitness club;
(g)
gas bar;
(h)
hotel/motel;
(i)
market garden;
(j)
restaurant;
(k)
retail store;
(l)
service shop;
(m) vehicle repair garage;
(n)
vehicle sales or rental establishment;
(o)
veterinary clinic.
15.5.14 HC-14
(1) Defined Area
HC-14 as shown on Schedule "A" Map No. 40 to this By-Law.
(2) Permitted Uses
By-Law 46-2008
(addition)
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Notwithstanding the permitted uses listed in Subsection 15.2, the permitted uses
in the HC-14 Zone shall be limited to the following:
(a)
building supply outlet;
(b)
convenience store;
(c)
dry cleaning establishment;
(d)
garden centre;
(e)
gas bar;
(f)
home and auto supply store;
(g)
market garden;
(h)
nursery and garden store;
(i)
public self-storage warehouse;
(j)
restaurant, fast food;
(k)
vehicle sale or rental establishment.
(3) Regulations
(a)
Minimum Floor Area
(i)
non-convenience retail outlets 175 square metres
(b)
Maximum Wastewater generated
(i)
per business 10,000 litres/day
15.5.15 HC-15
(1) Defined Area
HC-15 as shown on Schedule "A" Map No. 37 to this By-Law.
(2) Permitted Uses
The following uses are permitted in the HC-15 Zone in addition to the uses
specified in Subsection 15.2:
(a) tradesman's shop
(3) Special Provision
(a) setback from County Road 73
30.0 m
15.5.17 HC-17
By-Law 40-2017
Z8-2017
(addition)
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(1) Defined Area
HC-17 as shown on Schedule "A", Map 26 to this By-law.
(2) Permitted Uses
convenience store
gas bar
all other uses permitted under the HC Zone
15.5.18 HC-18
(1) Defined Area
HC-18 as shown on Schedule "A", Map 27 to this By-law.
(2) Permitted Uses
retail store
all other uses permitted under the parent HC Zone
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Section 16 - Neighbourhood Commercial (NC) Zone
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SECTION 16. NEIGHBOURHOOD COMMERCIAL (NC) ZONE
16.1 SCOPE
The provisions of this Section shall apply in all Neighbourhood Commercial (NC) Zones
except as otherwise provided in the Special Provisions Subsection of this Section. NC Zones
are intended for lots with both municipal water and sanitary sewer services.
16.2 PERMITTED USES
No person shall within any Neighbourhood Commercial (NC) Zone, use any lot or erect,
alter or use any building or structure for any purpose except for one or more of the following
NC Zone uses, namely:
(1)
convenience store;
(2)
dry cleaning depot;
(3)
dry cleaning establishment;
(4) food store;
(5) gas bar;
(6) office, business;
(7) office, professional;
(8) personal service establishment;
(9) place of worship;
(10) restaurant, fast food, not including a drive-through restaurant;
(11) video rental establishment;
16.3 REGULATIONS
No person shall, within any Neighbourhood Commercial (NC) Zone, use any lot or erect,
alter or use any building or structure except in accordance with the following provisions:
(1) Lot Area (minimum)
No Minimum
(2) Lot Area (maximum)
4,000 m2
(3) Lot Frontage (minimum)
15.0 m
(4) Front and Exterior Side Yard Depth (minimum)
7.0 m
(5) Interior Side Yard Width (minimum)
7.0 m
(a) side yard abuts a Residential Zone
10.0 m
(b) all other cases
7.0 m
(6) Rear Yard Depth (minimum)
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September 2006 | Consolidation Version August 2023
Section 16 - Neighbourhood Commercial (NC) Zone
Page 226
(a) rear yard abuts a Residential Zone
10.0 m
(b) all other cases
7.0 m
(7) Lot Coverage (maximum)
30% of lot area
(8) Building Height (maximum)
10.0 m
(9) Landscaped Open Space (minimum)
20% of lot area
(10) Gross Floor Area (maximum)
500 m2
16.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "NC" Zone. If a regulation or use is not specified, the permitted uses of Subsection
16.2 and the regulations of Subsection 16.3 shall apply.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 17 - Office Residential (OR) Zone
Page 227
SECTION 17. OFFICE RESIDENTIAL (OR) ZONE
17.1 SCOPE
The provisions of this Section shall apply in all Office Residential (OR) Zones except as
otherwise provided in the Special Provisions Subsection of this Section. OR Zones are
intended for lots with municipal water and/or sanitary sewer services.
17.2 PERMITTED USES
No person shall within any Office Residential (OR) Zone, use any lot or erect, alter or use
any building or structure for any purpose except for one or more of the following OR Zone
uses, namely:
(1) bed and breakfast establishment;
(2) converted dwelling;
(3) day nursery;
(4) institutional use with a minimum of one (1) dwelling unit;
(5) lodging house type 1;
(6) office, professional with a minimum of one (1) dwelling unit;
(7) office, service with a minimum of one (1) dwelling unit;
(8) retail store with a minimum of one (1) dwelling unit;
(9) single detached dwelling;
(10) studio with a minimum of one (1) dwelling unit.
17.3 REGULATIONS
No person shall, within any Office Residential (OR) Zone, use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(1) Lot Area (minimum)
700 m2
(2) Lot Frontage (minimum)
(a) lot with municipal water service only
20.0 m
(b) lot with both municipal water and sanitary sewer service
15.0 m
(3) Front and Exterior Side Yard Depth (minimum)
existing
(4) Interior Side Yard Width (minimum)
(a) side yard abuts a R1, R2, R3 or FD Zone
4.5 m
(b) all other cases
3.0 m
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September 2006 | Consolidation Version October 2024
Section 17 - Office Residential (OR) Zone
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(5) Rear Yard Depth (minimum)
10.0 m
(6) Lot Coverage (maximum)
40% of lot area
(7) Building Height (maximum)
10.0 m
(8) Landscaped Open Space (minimum)
All of the front and
exterior
side
yard,
excluding driveways
(9) Number of Dwelling Units Per Lot (maximum)
(a) Single Detached Dwelling
1 dwelling unit per lot
(b) Converted Dwelling
2 dwelling units per lot
(10) Floor Area (maximum)
(a) Retail Store
75 m2
17.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "OR" Zone. If a regulation or use is not specified, the permitted uses of Subsection
17.2 and the regulations of Subsection 17.3 shall apply.
17.4.1 OR-1
(1)
Defined Area
OR-1 as shown on Schedule "A" Map No. 2-5 to this By-Law.
(2)
Permitted Uses
Personal service establishment
Clinic
All other uses permitted under the OR Zone
(3)
Regulations
(a) Minimum parking requirement for personal service establishment or clinic
2 spaces or 1 accessible space
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 18 - Commercial Recreation (CR) Zone
Page 229
SECTION 18. COMMERCIAL RECREATION (CR) ZONE
18.1 SCOPE
The provisions of this Section shall apply in all Commercial Recreation (CR) Zones except
as otherwise provided in the Special Provisions Subsection of this Section.
18.2 PERMITTED USES
No person shall within any Commercial Recreation (CR) Zone, use any lot or erect, alter or
use any building or structure for any purpose except for one or more of the following CR
Zone uses, namely:
(1)
assembly hall;
(2)
campground;
(3)
commercial recreation establishment;
(4)
golf course;
(5)
golf course, miniature;
(6)
golf driving tee or range;
(7)
park, private;
(8)
place of entertainment/amusement;
(9)
recreational trailer park;
(10) recreation use, outdoor;
(11) restaurant.
18.3 REGULATIONS
No person shall, within any Commercial Recreation (CR) Zone, use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
(1) Lot Area (minimum)
(a) lot with no municipal services available
4,000 m2
(b) lot with municipal water service only
3,000 m2
(c) lot with municipal sanitary sewer service only
1,500 m2
(d) lot with both municipal water and sanitary sewer service
No Minimum
(2) Lot Frontage (minimum)
(a) lot with no municipal services available
20.0 m
(b) lot with municipal water and/or sanitary sewer services
15.0 m
(3) Front and Exterior Side Yard Depth (minimum)
7.0 m
(4) Interior Side Yard Width (minimum)
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September 2006 | Consolidation Version April 2025
Section 18 - Commercial Recreation (CR) Zone
Page 230
(a) side yard abuts a Residential Zone
15.0 m
(b) all other cases
7.0 m
(5) Rear Yard Depth (minimum)
(a) rear yard abuts a Residential Zone
15.0 m
(b) all other cases
7.0 m
(6) Lot Coverage (maximum)
30% of lot area
(7) Building Height (maximum)
10.0 m
(8) Landscaped Open Space (minimum)
20% of lot area
18.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "CR" Zone. If a regulation or use is not specified, the permitted uses of Subsection
18.2 and the regulations of Subsection 18.3 shall apply.
18.4.1 CR-1
(4)
Defined Area
CR-1 as shown on Schedule "A" Map No. 34, 35, 36 and 42 to this By-Law.
(5)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 18.2, the permitted uses in
the CR-1 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
private park.
18.4.2 CR-2
(1)
Defined Area
CR-2 as shown on Schedule "A" Map No. 2-1, 40, and 51 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 18.2, the permitted uses in
the CR-2 Zone shall be limited to the following:
(a) accessory use;
(b) golf course.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 18 - Commercial Recreation (CR) Zone
Page 231
18.4.3 CR-3
(1)
Defined Area
CR-3 as shown on Schedule "A" Map No. 43 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 18.2, the permitted uses in
the CR-3 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) accessory dwelling unit;
(c) golf course.
18.4.4 CR-4
(This Site Specific Use has been deleted by By-law 29-2012)
(1)
Defined Area
CR-4 as shown on Schedule "A" Map No. 43 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 18.2, the permitted uses in
the CR-4 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) driving tee or range.
18.4.5 CR-5
(1)
Defined Area
CR-5 as shown on Schedule "A" Map No. 47 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 18.2, the permitted uses in
the CR-5 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) campground or recreational trailer park.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 18 - Commercial Recreation (CR) Zone
Page 232
18.4.6 CR-6
(1)
Defined Area
CR-6 as shown on Schedule "A" Map No. 42 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the CR-6 Zone in addition to the uses specified
in Subsection 18.2:
(a) Fairgrounds;
(b) Livestock building or structure for a maximum of 95 horses.
18.4.7 CR-7
(1)
Defined Area
CR-7 as shown on Schedule "A" Map No. 21 and 22 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 18.2, the permitted uses in
the CR-7 Zone shall be limited to the following:
(a) cottage dwellings on leasehold lots.
(3)
Regulations
(a) Lot Area (minimum)
695.0 m2
(b) Lot Frontage (minimum)
22.0 m
(c) Lot Depth (minimum)
30.0 m
(d) Front Yard Depth (minimum)
6.0 m
(e) Interior Side Yard Width (minimum)
3.0 m on one side
2.0 m on the other
side plus 0.5 m for
each storey above
the first
(f) Rear Yard Depth (minimum)
10.0 m
(g) Lot Coverage (maximum)
25%
(h) Building Height (maximum)
7.5 m
(i) Number of dwelling units per lot
1 dwelling unit per
leasehold lot
(j) Minimum Parking Requirement
1 space per dwelling.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 18 - Commercial Recreation (CR) Zone
Page 233
18.4.8 CR-8
(1)
Defined Area
CR-8 as shown on Schedule "A" Map No. 43 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 18.2, the permitted uses in
the CR-8 Zone shall be limited to the following:
(a) Accessory building, structure or use
(b) Driving tee or range
By-law 43-2015
addition
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 19 - General Industrial (M1) Zone
Page 234
SECTION 19. GENERAL INDUSTRIAL (M1) ZONE
19.1 SCOPE
The provisions of this Section shall apply in all General Industrial (M1) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
19.2 PERMITTED USES
No person shall within any General Industrial (M1) Zone, use any lot or erect, alter or use
any building or structure for any purpose except for one or more of the following M1 Zone
uses, namely:
(1)
bakery;
(2)
brewing on premises establishment;
(3)
building supply outlet;
(4)
bulk sales establishment;
(5)
contractor's yard or shop;
(6)
factory outlet;
(7)
food processing plant;
(8)
home appliance store with a warehouse component;
(9)
home decorating store with a warehouse component;
(10) home furnishings store with a warehouse component;
(11) home improvement store with a warehouse component;
(12) industrial use, non-effluent producing;
(13) laboratory;
(14) office;
(15) office, medical/dental;
(16) office, support;
(17) office supply outlet;
(18) processed goods industry;
(19) raw material processing industry;
(20) research and development establishment;
(21) service shop;
(22) tradesman's shop;
(23) veterinarian clinic;
(24) warehouse;
(25) warehouse, public self-storage.
.
19.3 REGULATIONS
No person shall, within any General Industrial (M1) Zone, use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(1) Lot Area (minimum)
2,000 m2
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Section 19 - General Industrial (M1) Zone
Page 235
(2) Lot Frontage (minimum)
30.0 m
(3) Front and Exterior Side Yard Depth (minimum)
15.0 m
(a) zone boundary abuts an Industrial Zone
15.0 m
(b) all other cases
18.0 m
(4) Interior Side Yard Width (minimum)
(a) side yard abuts an Industrial Zone
6.0 m
(b) all other cases
18.0 m
(5) Rear Yard Depth (minimum)
(a) rear yard abuts an Industrial Zone
10.0 m
(b) all other cases
18.0 m
(6) Lot Coverage (maximum)
50% of lot area
(7) Building Height (maximum)
12.0 m
(8) Landscaped Open Space (minimum)
10% of lot area
(9) Open Storage (maximum)
25% of lot area
19.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "M1" Zone. If a regulation or use is not specified, the permitted uses of Subsection
19.2 and the regulations of Subsection 19.3 shall apply.
19.4.1 M1-1
(1)
Defined Area
M1-1 as shown on Schedule "A" Map No. 2-5 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 19.2, the permitted uses in
the M1-1 Zone shall be limited to the following:
(a)
abattoir;
(b)
accessory building, structure or use;
(c)
accessory retail store;
(d)
industrial use, non-effluent producing.
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September 2006 | Consolidation Version October 2024
Section 19 - General Industrial (M1) Zone
Page 236
(3)
Regulations
(a)
Floor Area (maximum)
(i) retail store as an accessory use
60 m2
19.4.2 M1-2
(1)
Defined Area
M1-2 as shown on Schedule "A" Map No. 64A to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 19.2, the permitted uses in
the M1-2 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
automobile service station;
(c)
body shop;
(d)
one single detached dwelling;
(e)
parking of school buses;
(f)
service shop;
(g)
truck terminal;
(h)
vehicle sales or rental establishment;
(i)
vehicle repair garage;
(j)
vehicle service shop.
(3)
Permitted Buildings or Structures
(a)
existing buildings and structures.
19.4.3 M1-3
(1)
Defined Area
M1-3 as shown on Schedule "A" Map No. 45 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the M1-3 Zone in addition to the uses specified
in Subsection 19.2:
(a)
accessory building, structure or use;
(b)
pit or quarry, including screening, crushing, sorting and stockpiling of sand and
gravel.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 19 - General Industrial (M1) Zone
Page 237
19.4.4 M1-4
(1)
Defined Area
M1-4 as shown on Schedule "A" Map No. 45 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the M1-4 Zone in addition to the uses specified
in Subsection 19.2:
(a)
single unit dwelling.
(3)
Regulations
(a)
Lot Area (minimum)
0.8 ha.
19.4.5 M1-5
(1)
Defined Area
M1-5 as shown on Schedule "A" Map No. 2-1 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the M1-5 Zone in addition to all other uses
specified in Section 19.2:
(a)
a funeral establishment not open to the public
19.4.6 M1-6
(1)
Defined Area
M1-6 as shown on Schedule "A" Map No. 2-1 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the M1-6 Zone:
(a)
bakery;
(b)
building supply outlet;
(c)
bulk sales establishment;
(d)
contractor's yard or shop;
(e)
factory outlet;
(f)
home appliance store with a warehouse component;
By-Law 14-2007
(addition)
By-Law 9-2008
(addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 19 - General Industrial (M1) Zone
Page 238
(g)
home decorating store with a warehouse component;
(h)
home furnishings store with a warehouse component;
(i)
home improvement store with a warehouse component;
(j)
industrial use, non-effluent producing;
(k)
laboratory;
(l)
office;
(m) office, medical/dental;
(n)
office support;
(o)
office supply outlet;
(p)
research and development establishment;
(q)
service shop;
(r)
tradesman's shop;
(s)
veterinarian clinic;
(t)
warehouse;
(u)
warehouse, public self storage.
19.4.7 M1-7
By-law 67-2008
(Addition)
a)
Defined Area
M1-7 as shown on Schedule A, Map 2-1 to this By-law
b)
Permitted Uses
indoor automobile sales lot in an existing building, in addition to all other
permitted uses
19.4.8 M1-8
By-law 77-2009
(Addition)
(1)
Defined Area
M1-7 as shown on Schedule "A" Map No. 3-1 to this By-law.
(2)
Permitted Uses
(a)
a tradesman's shop
(3)
Regulations
No person shall, within any General Industrial (M1-8) Zone, use any lot or erect,
alter or use any building or structure except in accordance with the following
provisions:
a.
Lot Area (minimum)
2,000m²
b.
Lot Frontage (minimum)
30.0 m
c.
Front and Exterior Side Yard Depth (min) 7.5 m
d.
Interior Side Yard Width (minimum)
5m
e.
Rear Yard Depth (minimum)
5m
f.
Lot Coverage (maximum)
50% of lot area
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 19 - General Industrial (M1) Zone
Page 239
g.
Building Height (maximum)
8m
h.
Landscaped Open Space (minimum)
10% of lot area
i.
Open Storage (maximum)
25% of lot area
19.4.9 M1-9
By-law 77-2011
(Addition)
(1)
Defined Area
M1-9 as shown on Schedule (A), Map 2-1 to this By-law
(2)
Permitted Uses
a)
"vehicle repair garage" and a "vehicle sales and rental
establishment" as permitted uses on the subject lands, in addition
to all the other permitted uses in the General Industrial (M1) Zone.
19.4.10 M1-10
(1) Defined Area
M1-10 as shown on Schedule "A", Map 2-1 of this By-law.
(2)
Permitted Uses
outdoor storage facility
all other uses permitted under the M1 Zone
(3)
Definition
OUTDOOR STORAGE FACILITY - means an establishment for the storage,
either in the open air or in an unenclosed area that is open to the air on some side,
of licensed vehicles, recreational vehicles, and recreational trailers. An outdoor
storage facility shall not include a parking lot, an outdoor retail display area, a truck
terminal, a salvage yard, or the temporary storage of waste or other similar use.
19.4.11 M1-11
(1)
Defined Area
M1-11 as shown on Schedule "A" Map No. 2-4 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 19.2, the permitted uses of
the M1-11 Zone shall be limited to the following:
(b)
Warehouse Use
By-law 108-2016
(Addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 19 - General Industrial (M1) Zone
Page 240
(3)
Regulations
(b)
Lot Frontage (minimum)
17.0 m
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 20 - Rural Industrial (M2) Zone
Page 241
SECTION 20. RURAL INDUSTRIAL (M2) ZONE
20.1 SCOPE
The provisions of this Section shall apply in all Rural Industrial (M2) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
20.2 PERMITTED USES
No person shall within any Rural Industrial (M2) Zone, use any lot or erect, alter or use any
building or structure for any purpose except for one or more of the following M2 Zone uses,
namely:
(1)
abattoir;
(2)
agricultural service and supply establishment;
(3)
bulk sales establishment;
(4)
contractor's yard or shop;
(5)
factory outlet;
(6)
feed mill;
(7)
flour mill;
(8)
food processing plant;
(9)
industrial use;
(10) office, support;
(11) processed goods industry;
(12) propane transfer facility;
(13) raw material processing industry;
(14) sawmill;
(15) service shop;
(16) tradesman's shop;
(17) truck terminal;
(18) vehicle repair garage;
(19) vehicle service shop;
(20) warehouse;
(21) warehouse, public self-storage.
20.3 REGULATIONS
No person shall, within any Rural Industrial (M2) Zone, use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(1) Lot Area (minimum)
4,000 m2
(2) Lot Frontage (minimum)
50.0 m
(3) Front and Exterior Side Yard Depth (minimum)
25.0 m
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September 2006 | Consolidation Version October 2024
Section 20 - Rural Industrial (M2) Zone
Page 242
(4) Interior Side Yard Width (minimum)
(a) side yard abuts an Industrial Zone
5.0 m
(b) all other cases
18.0 m
(5) Rear Yard Depth (minimum)
(a) rear yard abuts an Industrial Zone
10.0 m
(b) all other cases
18.0 m
(6) Lot Coverage (maximum)
35% of lot area
(7) Building Height (maximum)
12.0 m
(8) Landscaped Open Space (minimum)
10% of lot area
(9) Open Storage (maximum)
40% of lot area
20.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "M2" Zone. If a regulation or use is not specified, the permitted uses of Subsection
20.2 and the regulations of Subsection 20.3 shall apply.
20.4.1 M2-1
(1)
Defined Area
M2-1 as shown on Schedule "A" Map No. 5 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses in
the M2-1 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
salvage yard;
(c)
single detached dwelling.
20.4.2 M2-2
(1)
Defined Area
M2-2 as shown on Schedule "A" Map No. 11 to this By-Law.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 20 - Rural Industrial (M2) Zone
Page 243
(2)
Permitted Uses
The following uses are permitted in the M2-2 Zone in addition to the uses specified
in Subsection 20.2:
(a)
automobile service station;
(b)
body shop;
(c)
vehicle repair garage;
(d)
vehicle service shop.
20.4.3 M2-3
(1)
Defined Area
M2-3 as shown on Schedule "A" Map No. 3A to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses in
the M2-3 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
single detached dwelling;
(c)
truck terminal;
(d)
warehouse.
(3)
Regulations
(a)
Side Yard Width (minimum)
(i) from a truck terminal to a southerly lot line
60 m
(4)
Holding "h" Symbol
The holding 'h' symbol and its removal shall only apply to a truck terminal.
(20.4.4 M2-4 - Deleted by By-law No. 40-2023)
20.4.5 M2-5
By-law-62-2010
(Replaced)
(1)
Defined Area
M2-5 as shown on Schedule "A" Map No. 29 to this By-Law.
(2)
Permitted Uses
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Section 20 - Rural Industrial (M2) Zone
Page 244
(a)
accessory building, structures or use;
(b)
servicing and repair of school buses.
20.4.6 M2-6
(1)
Defined Area
M2-6 as shown on Schedule "A" Map No. 29 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses in
the M2-6 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
automobile service station;
(c)
body shop;
(d)
vehicle repair garage;
(e)
vehicle sales or rental establishment;
(f)
vehicle service shop.
(3)
Regulations
(a)
Display of Automobiles
The maximum number of automobiles displayed in the front yard shall not
exceed five (5).
20.4.7 M2-7
(1)
Defined Area
M2-7 as shown on Schedule "A" Map No. 3-2 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses in
the M2-7 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
maintenance yard and garage.
(3)
Prohibited Uses
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 20 - Rural Industrial (M2) Zone
Page 245
The following uses are specifically prohibited in the M2-7 Zone in addition to the uses
specified in Subsection 4.29:
(a)
underground storage tanks.
20.4.8 M2-8
(1)
Defined Area
M2-8 as shown on Schedule "A" Map No. 31 and 40 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses in
the M2-8 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
accessory dwelling unit;
(c)
veterinary clinic.
20.4.9 M2-9
(1) Defined Area
M2-9 as shown on Schedule "A" Map No. 32 to this By-Law.
(2) Permitted Uses
The following uses are permitted in the M2-9 Zone in addition to the uses specified
in Subsection 20.2:
(a)
sale of used goods;
(b)
vehicle sales or rental establishment.
20.4.10
M2-10
(1) Defined Area
M2-10 as shown on Schedule "A" Map No. 32 to this By-Law.
(2) Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses in
the M2-10 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) agricultural equipment sales and service establishment;
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 20 - Rural Industrial (M2) Zone
Page 246
(c) vehicle repair establishment.
20.4.11
M2-11
(1) Defined Area
M2-11 as shown on Schedule "A" Map No. 35 to this By-Law.
(2) Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses in
the M2-11 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) contractor's yard or shop;
(c) service shop;
(d) vehicle sales and service establishment, limited to motorcycles, snowmobiles,
and all-terrain vehicles as well as lawn and garden equipment
20.4.12
M2-12
(1) Defined Area
M2-12 as shown on Schedule "A" Map No. 51 to this By-Law.
(2) Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses in
the M2-12 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) agricultural use;
(c) automobile service station;
(d) bulk sales establishment;
(e) car wash establishment, manual or automated, provided the lot is serviced by
municipal sanitary sewer and water;
(f)
contractor's yard or shop;
(g) factory outlet;
(h) industrial use;
(i)
kennel;
(j)
research and development laboratory for agriculturally related products;
(k) service shop;
(l)
truck terminal;
(m) veterinary clinic;
(n) warehouse;
(o) auction establishment.
By-Law # 78-2007
(addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 20 - Rural Industrial (M2) Zone
Page 247
20.4.13
M2-13
(1) Defined Area
M2-13 as shown on Schedule "A" Map No. 56 to this By-Law.
(2) Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses in
the M2-13 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) waste disposal site, landfill.
20.4.14
M2-14
(1) Defined Area
M2-14 as shown on Schedule "A" Map No. 50 to this By-Law.
(2) Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses in
the M2-14 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) bulk sales establishment for the purposes of storing, processing and selling
topsoil.
(3) Regulations
(a) Front Yard Depth (minimum)
15 m
20.4.15
M2-15
(1) Defined Area
M2-15 as shown on Schedule "A" Map No. 61 to this By-Law.
(2) Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses in
the M2-15 Zone shall be limited to the following:
(a)
accessory building, structure or use;
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 20 - Rural Industrial (M2) Zone
Page 248
(b)
accessory dwelling unit;
(c)
contractor's yard or shop.
20.4.16
M2-16
(1) Defined Area
M2-16 as shown on Schedule "A" Map No. 64A to this By-Law.
(2) Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses in
the M2-16 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) agricultural sales and service establishment;
(c) grain elevator and drying facility.
20.4.17
M2-17
(1) Defined Area
M2-17 as shown on Schedule "A" Map No. 17 to this By-Law.
(2) Permitted Uses
The following uses are permitted in the M2-17 Zone in addition to the uses specified
in Subsection 20.2:
(a)
single detached dwelling.
(3) Regulations
(a)
Lot Area (minimum)
1.5 ha.
20.4.18
M2-18
(1) Defined Area
M2-18 as shown on Schedule "A" Map No. 47 to this By-Law.
(2) Permitted Uses
The following uses are permitted in the M2-18 Zone in addition to the uses specified
in Subsection 20.2:
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 20 - Rural Industrial (M2) Zone
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(a)
sale and service of recreational vehicles.
20.4.19
M2-19
(1) Defined Area
M2-19 as shown on Schedule "A" Map No. 17 to this By-Law.
(2) Permitted Uses
The following uses are permitted in the M2-19 Zone in addition to all other uses
specified in Section 20.2:
(a)
a single unit dwelling.
20.4.20 M2-20
By-law 37-2012
(Addition)
(1) Defined Area
M2-20 as shown on Schedule "A", Map 13 to this By-law
(2) Permitted Uses
The following uses are permitted in the M2-20 Zone in addition to all other
uses specified in Section 20.2.
(a)
vehicle sales and rental establishment
(3) Regulations
(a)
Front Yard Depth - 20 metres
20.4.21 M2-21
By-law 6-2013
(Addition)
(1) Defined Area
M2-21 as shown on Schedule "A", Map 35 to this By-law
(2) Permitted Uses
The following uses are permitted in the M2-21 Zone in addition to all other
uses specified in Section 20.2.
By-law # 60-2007
(addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 20 - Rural Industrial (M2) Zone
Page 250
(a)
vehicle sales and rental establishment
20.4.22
M2-22
OMB Decision
PL100523
(1) Defined Area
M2 -22 as shown on Schedule A" Map No. 48 to this By-law.
(2) Permitted Uses
(a)
Soil Diversion and Recovery facility" means any building, structure or land
used for collection, recycling, storage, separation, processing and
treatment of non - hazardous soil and the receiving, separation and
temporary storage of related materials which require Certificates of
Approval under the Environmental Protection Act, but does not include:
1. Incineration
2. Landfilling
3. Composting
(3) Special Provisions
(a)
The northerly and easterly yard depth shall be 18.0 metres
20.4.23
M2-23
By-law 77-2014
(Addition)
(1) Defined Area
M2-23 as shown on Schedule "A", Map 45
(2) Permitted Uses
The following uses are permitted in the M2-23 Zone in addition to all other uses
specified in Section 20.2.
(a)
Propane Transfer Facility, Commercial
20.4.24
M2-24
By-law 10-2016
(Addition)
(1) Defined Area
M2-24 as shown on Schedule "A", Map 50 to this By-law
(2) Permitted Uses
Notwithstanding the permitted uses listed in Subsection 20.2, the permitted uses
of the M2-24 Zone shall be limited to the following:
(a)
Bulk sales establishment for the purposes of storing, processing and
selling topsoil.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 20 - Rural Industrial (M2) Zone
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(3) Special Provision
Notwithstanding Subsection 3.72(1), where a lot is divided into two or more zones,
the uses, buildings and structures permitted on the lot shall be limited in each of
the zones to those permitted in that zone but, otherwise, for the purposes of
zoning regulations of lot area and frontage and of the location of buildings and
structures on the lot, the lot shall be considered a single lot, rather than separate
as otherwise contemplated by subsection 3.72(1).
20.4.25
M2-25
(1) Defined Area
M2-25 as shown on Schedule "A", Map 52 to this By-law
(2) Permitted Uses
Waste Transfer Station limited to the transfer and temporary storage of non-
hazardous liquid waste and subject to an Environmental Compliance
Approval
All other uses permitted under the M2 Zone
20.5.1
T-M2-15 06-22-2023
(1) Defined Area
T-M2-15 06-22-2023 as shown on Schedule "A" Map No. 61 to this By-Law.
(2) Permitted Uses
The following uses are permitted in the T-M2-15 06-22-2023 Zone in addition to
the uses specified in Subsection 20.4.15:
(a)
The existing single detached dwelling is to remain on the subject property
for a temporary period, in addition to a new single detached dwelling.
(3) Expiry
The existing single detached dwelling shall be permitted until the 22th day of
June, 2023, at which time the structure shall be removed from the lands affected.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version April 2025
Section 21 - Extractive Industrial (M3) Zone
Page 252
SECTION 21. EXTRACTIVE INDUSTRIAL (M3) ZONE
21.1 SCOPE
The provisions of this Section shall apply in all Extractive Industrial (M3) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
21.2 PERMITTED USES
No person shall within any Extractive Industrial (M3) Zone, use any lot or erect, alter or use
any building or structure for any purpose except for one or more of the following M3 Zone
uses, namely:
(1) pit;
(2) agricultural use;
(3) forestry uses excluding any establishments that either process forestry products or sell
processed forestry products such as lumber yards.
21.3 REGULATIONS
No person shall, within any Extractive Industrial (M2) Zone, use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(1) Lot Frontage (minimum)
30.0 m
(2) Front and Exterior Side Yard Depth (minimum)
30.0 m
(3) Interior Side Yard Width (minimum)
15.0 m
(4) Rear Yard Depth (minimum)
15.0 m
(5) Landscaped Open Space (minimum)
10% of lot area
21.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "M3" Zone. If a regulation or use is not specified, the permitted uses of Subsection
21.2 and the regulations of Subsection 21.3 shall apply.
21.4.1 M3-1
(1)
Defined Area
M3-1 as shown on Schedule "A" Map No. 17 to this By-Law.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 21 - Extractive Industrial (M3) Zone
Page 253
(2)
Permitted Uses
The following uses are permitted in the M3-1 Zone in addition to the uses specified
in Subsection 21.2:
(a) asphalt plant.
(3)
Regulations
(a) Setback from Thorndale Road (minimum)
(i) asphalt plant and accessory buildings and structures
750 m
(b) Side Yard Width (minimum)
(i) asphalt plant and accessory buildings and structures
50 m
(c) Rear Yard Depth (minimum)
(i) asphalt plant and accessory buildings and structures
50 m
21.4.2 M3-2
(1)
Defined Area
M3-2 as shown on Schedule "A" Map No. 17 to this By-Law.
(2)
Entrance Regulations
Section 4.4 of this By-Law shall not apply.
21.4.3 M3-3
(1)
Defined Area
M3-3 as shown on Schedule "A" Map No. 44 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the M3-3 Zone in addition to the uses specified
in Subsection 21.2:
(a)
asphalt plant.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
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Section 21 - Extractive Industrial (M3) Zone
Page 254
21.4.4 M3-4
(1)
Defined Area
M3-4 as shown on Schedule "A" Map No. 45 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the M3-4 Zone in addition to the uses specified
in Subsection 21.2:
(a)
industrial use;
(b)
truck terminal;
(c)
warehousing.
21.4.4 M3-5
(1)
Defined Area
M3-5 as shown on Schedule "A", Map 28 to this By-Law.
(2)
Special Provisions
Notwithstanding any other provision of this By-law, the lands zoned M3-5
shall be recognized as a single lot.
21.4.6 M3-6
(1)
Defined Area
M3-6 as shown on Schedule "A", Map 17 to this By-Law.
(2)
Permitted Uses
The permitted uses of the M3-6 Zone shall be limited to the following use:
aggregate recycling operation as a stand-alone use for the storage and
processing of used asphalt and concrete.
(3) Regulations
(a) Lot Frontage (minimum)
0 m
By-law 49-2017
(Addition)
LPAT - PL161154
By-law 73-2018
(Addition)
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September 2006 | Consolidation Version April 2025
Section 21 - Extractive Industrial (M3) Zone
Page 255
21.4.7 M3-7-H
(1) Defined Area
M3-7-H as shown on Schedule "A", Map No. 50 of this By-law.
(2) Permitted Uses
Waste Disposal Site, High Waste Diversion, limited to asphalt, concrete and
solid non-hazardous construction waste, excluding soil, from the
construction, renovation or demolition of an industrial, commercial,
institutional, or residential building and subject to an Environmental
Compliance
Approval by the
Ministry
of
the Environment,
Conservation and Parks.
all other uses permitted under the M3 Zone
(3) Setback requirements from Highway 401
Notwithstanding any other section of this By-law, all buildings, structures and
activities associated with the said Waste Disposal Site, High Waste Diversion
shall be setback at least 30 metres from the Highway 401 right-of-way.
(4) Holding 'H' Symbol
The removal of the Holding 'H' Symbol shall be considered once site plan
approval has been obtained by the Municipality for the said Waste Disposal
Site, High Waste Diversion.
21.4.8 M3-8
(1) Defined Area
M3-8 as shown on Schedule "A", Map 33 to this By-law
(2) Permitted Uses
Single detached dwelling
All other uses permitted under the M3 Zone
21.5 TEMPORARY USES
The following site-specific temporary use Zones apply to existing or unique situations where a
specific use is permitted on a temporary basis and are not the standard "M3" Zone. If a
regulation or use is not specified, the permitted uses of Subsection 21.2 and the regulations of
21.3 and 21.4 shall apply. All permitted uses listed in this subsection shall only be permitted
until the expiry date listed for each such use, at which time the use is no longer permitted and
shall be removed.
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September 2006 | Consolidation Version April 2025
Section 21 - Extractive Industrial (M3) Zone
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21.5.1 T-M3-1 09-23-2027
(1) Defined Area
T-M3-1 09-23-2027 as shown on Schedule "A", Map 33 to this By-law
(2) Permitted Uses
The following uses are permitted in the T-M3-1 09-23-2027 Zone in addition to the uses
specified in Subsection 21.2:
(a) The existing single detached dwelling is to remain on the new subject property for a
temporary period, in addition to a new single detached dwelling.
(3) Expiry
The said existing single detached dwelling shall be permitted until the 23rd day of
September, 2027, at which time the structure shall be removed from the lands affected.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 22 - Residential Industrial (RM) Zone
Page 257
SECTION 22. RESIDENTIAL INDUSTRIAL (RM) ZONE
22.1 SCOPE
The provisions of this Section shall apply in all Residential Industrial (RM) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
22.2 PERMITTED USES
No person shall within any Residential Industrial (RM) Zone, use any lot or erect, alter or
use any building or structure for any purpose except for one or more of the following RM
Zone uses, namely:
(1)
contractor's yard or shop;
(2)
industrial use, non-effluent producing;
(3)
office, professional;
(4)
office, service;
(5)
service shop;
(6)
veterinary clinic;
(7)
one (1) accessory single unit dwelling located in front of and attached to a main building
containing a permitted use specified in Clause (1) to Clause (6) above;
(8)
retail store accessory to the uses specified in Clause (1) to Clause (6) above and
located entirely within the main building.
22.3 REGULATIONS
No person shall, within any Residential Industrial (RM) Zone, use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
(1) Lot Area (minimum)
4,000 m2
(2) Lot Frontage (minimum)
50.0 m
(3) Lot Depth (minimum)
60.0 m
(4) Front and Exterior Side Yard Depth (minimum)
10.0 m
(5) Interior Side Yard Width (minimum)
10.0 m
(6) Rear Yard Depth (minimum)
10.0 m
(7) Lot Coverage (maximum)
50% of lot area
(8) Building Height (maximum)
15.0 m
(9) Landscaped Open Space (minimum)
25% of lot area
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 22 - Residential Industrial (RM) Zone
Page 258
(10) Open Storage (maximum)
25% of lot area,
provided that no open
storage
shall
be
permitted within any
required yard and not
in a front yard or
exterior side yard, and
not in rear yards or
side yards on lots
abutting
Provincial
Highway 401.
(11) Floor Area (maximum)
(a) Accessory single unit dwelling
185 m2
(b) Accessory retail store
30 m2 or 25% of the
total floor area of the
main building,
whichever is lesser
22.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "RM" Zone. If a regulation or use is not specified, the permitted uses of Subsection
22.2 and the regulations of Subsection 22.3 shall apply.
22.4.1 RM-1
(4)
Defined Area
RM-1 as shown on Schedule "A", Map No. 48 to this By-law
(5)
Permitted Uses
The following uses are permitted in the RM-1 Zone in addition to the
uses specified in Subsection 22.2:
(a) vehicle repair garage
(6)
Interior Side Yard Width (minimum) 3.0 m"
By-law 95-2019
(Addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 23 - Institutional (I) Zone
Page 259
SECTION 23. INSTITUTIONAL (I) ZONE
23.1 SCOPE
The provisions of this Section shall apply in all Institutional (I) Zones except as otherwise
provided in the Special Provisions Subsection of this Section.
23.2 PERMITTED USES
No person shall within any Institutional (I) Zone, use any lot or erect, alter or use any building
or structure for any purpose except for one or more of the following I Zone uses, namely:
(1)
assembly hall;
(2)
auditorium;
(3)
cemetery;
(4)
clinic;
(5)
club;
(6)
community centre;
(7)
continuum-of-care facility;
(8)
day nursery;
(9)
emergency care establishment;
(10)
funeral home;
(11)
group home type 2;
(12)
home for the aged/rest home;
(13)
institutional use;
(14)
library;
(15)
museum;
(16)
nursing home;
(17)
place of worship;
(18)
retirement home/lodge;
(19)
school, commercial;
(20)
school, elementary (public)
(21)
school, music;
(22)
school, secondary (public);
(23)
supportive community home.
23.3 REGULATIONS
No person shall, within any Institutional (I) Zone, use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(1) Lot Area (minimum)
1,500 m2
(2) Lot Frontage (minimum)
30.0 m
(3) Front and Exterior Side Yard Depth (minimum)
10.0 m
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Section 23 - Institutional (I) Zone
Page 260
(4) Interior Side Yard Width (minimum)
6.0 m
(5) Rear Yard Depth (minimum)
7.5 m
(6) Lot Coverage (maximum)
25% of lot area
(7) Building Height (maximum)
10.0 m
(8) Landscaped Open Space (minimum)
25% of lot area
23.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "I" Zone. If a regulation or use is not specified, the permitted uses of Subsection
23.2 and the regulations of Subsection 23.3 shall apply.
23.4.1 I-1
(1)
Defined Area
I-1 as shown on Schedule "A" Map No. 3-1 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 23.2, the permitted uses in
the I-1 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) office, professional;
(c) office, service;
(d) retail store;
(e) vehicle service shop.
23.4.2 I-2
(1)
Defined Area
I-2 as shown on Schedule "A" Map No. 35 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 23.2, the permitted uses in
the I-2 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) nursing home;
(c) converted dwelling containing a maximum of two-dwelling units.
23.4.3 I-3
By-Law # 18-2017
(amendment)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 23 - Institutional (I) Zone
Page 261
(1)
Defined Area
I-3 as shown on Schedule "A" Map No. 2-5 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 23.2, the permitted uses in
the I-3 Zone shall be limited to the following:
(a) parking lot.
23.4.4 I-4
(1)
Defined Area
I-4 as shown on Schedule "A" Map No. 58 to this By-Law.
(2)
Permitted Uses
(a) a private school in addition to all other uses permitted in Section 23.2 of this By-
Law.
(b) retail store as an accessory use and not open to the general public
23.4.5 I-5
By-law # 102-2009
(addition)
(1) Defined Area
I-5 as shown on Schedule A, Map No. 2-6 to this By-law.
(2)
Permitted Uses
(a) cemetery
23.4.6 I-6-H
(1) Defined Area
I-6-H as shown on Schedule "A", Map 54 to this By-law.
(2)
Permitted Uses
elementary school, private
secondary school, private
single detached dwelling
By-Law # 25-2008
(addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 23 - Institutional (I) Zone
Page 262
all other uses permitted under the I Zone
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 24 - Open Space (OS) Zone
Page 263
SECTION 24. OPEN SPACE (OS) ZONE
24.1 SCOPE
The provisions of this Section shall apply in all Open Space (OS) Zones except as otherwise
provided in the Special Provisions Subsection of this Section.
24.2 PERMITTED USES
No person shall within any Open Space (OS) Zone, use any lot or erect, alter or use any
building or structure for any purpose except for one or more of the following OS Zone uses,
namely:
(1) conservation use;
(2) forestry use;
(3) open space;
(4) park, public;
(5) wildlife preserve;
(6) works of a conservation authority.
24.3 REGULATIONS
No person shall, within any Open Space (OS) Zone, use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(1) Lot Area (minimum)
No Minimum
(2) Lot Frontage (minimum)
No Minimum
(3) Front and Exterior Side Yard Depth (minimum)
15.0 m
(4) Interior Side Yard Width (minimum)
15.0 m
(5) Rear Yard Depth (minimum)
15.0 m
(6) Lot Coverage (maximum)
25% of lot area
(7) Building Height (maximum)
10.0 m
(8) Landscaped Open Space (minimum)
10% of lot area
24.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "OS" Zone. If a regulation or use is not specified, the permitted uses of Subsection
24.2 and the regulations of Subsection 24.3 shall apply.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 24 - Open Space (OS) Zone
Page 264
24.4.1 OS-1
(1)
Defined Area
OS-1 as shown on Schedule "A" Map No. 17 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the OS-1 Zone in addition to the uses specified
in Subsection 24.2:
(a)
accessory building, structure or use;
(b)
pit.
24.4.2 OS-2
(1)
Defined Area
OS-2 as shown on Schedule "A" Map No. 27 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 24.2, the permitted uses in
the OS-2 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
agricultural use;
(c)
single detached dwelling;
(d)
golf driving tee or range.
(3)
Holding 'h' Symbol
The holding 'h' symbol and its removal shall only apply to the golf driving tee or
range.
24.4.3 OS-3
(1)
Defined Area
OS-3 as shown on Schedule "A" Map No. 42 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 24.2, the permitted uses in
the OS-3 Zone shall be limited to the following:
(a)
accessory building, structure or use;
(b)
indoor/outdoor target range.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 24 - Open Space (OS) Zone
Page 265
24.4.4 OS-4
(1)
Defined Area
OS-4 as shown on Schedule "A" Map No. 37 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 24.2, the permitted uses in
the OS-4 Zone shall be limited to the following:
(a) accessory building, structure or use;
(b) forestry use;
(c) campground for boy scouts.
24.4.5 OS-5
(1)
Defined Area
OS-5 as shown on Schedule "A" Map No. 63 to this By-Law.
(2)
Permitted Uses
Notwithstanding the permitted uses listed in Subsection 24.2, the permitted uses in
the OS-5 Zone shall be limited to the following:
(a)
cemetery;
(b)
agricultural use with the exception of related buildings and structures, and farm
irrigation ponds.
24.4.6 OS-6
(1)
Defined Area
OS-6 as shown on Schedule "A" Map No. 64 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the OS-6 Zone in addition to the uses specified
in Subsection 24.2:
(a)
campground or recreational trailer park.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 24 - Open Space (OS) Zone
Page 266
24.4.7 OS-7
(1)
Defined Area
OS-7 as shown on Schedule "A" Map No. 2-3 to this By-Law.
(2)
Permitted Use
Notwithstanding the permitted uses listed in Subsection 24.2, the permitted uses of
the OS-7 Zone shall be limited to the following:
(b)
Existing permitted use
24.4.8 OS-8
2) Defined Area
OS-8 as shown on Schedule "A", Map 2-5 to this By-law.
2) Regulations
a) Front Yard Depth (minimum) 5 m
b) Side Yard Depth (minimum) 2 m
By-law No.
54-2017
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version August 2023
Section 25 - Environmental Protection (EP) Zone
Page 267
SECTION 25. ENVIRONMENTAL PROTECTION (EP) ZONE
25.1 SCOPE
The provisions of this Section shall apply in all Environmental Protection (EP) Zones except
as otherwise provided in the Special Provisions Subsection of this Section.
25.2 PERMITTED USES
No person shall within any Environmental Protection (EP) Zone, use any lot or erect, alter
or use any building or structure for any purpose except for one or more of the following EP
Zone uses, namely:
(1) boat dock or ramp;
(2) conservation use;
(3) existing agricultural use;
(4) wildlife preserve;
(5) works of a conservation authority.
25.3 REGULATIONS
No person shall, within any Environmental Protection (EP) Zone, use any lot or erect, alter
or use any building or structure except in accordance with the following provisions:
(1) Other than buildings and structures existing at the date of passing of this By-Law, no
buildings or structures are permitted unless for flood control purposes and/or in
accordance with the regulations of the Conservation Authority having jurisdiction, or
other appropriate government agency. Boat ramps and docks shall require the approval
of the Conservation Authority having jurisdiction.
Note: (The following italicized text does not form part of this By-law and is provided for information
purposes only):
Some of the lands on Schedule "A" to this By-law are subject to the Upper Thames River
Conservation Authority (UTRCA) Ontario Regulation No. 157/06 or the Kettle Creek Conservation
Authority (KCCA) Regulation No. 181/06. Where development or site works are proposed within a
Regulated Area, as shown on schedules filed with the appropriate Conservation Authority, a permit
from the Conservation Authority may be required. The appropriate Conservation Authority should be
contacted to determine the extent of the Regulated Area. The appropriate Conservation Authority
should be consulted before development, including construction, conversion, grading, filling or
excavating occurs to determine whether the Authority Regulations apply.
25.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "EP" Zone. If a regulation or use is not specified, the permitted uses of Subsection
25.2 and the regulations of Subsection 25.3 shall apply.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version August 2023
Section 25 - Environmental Protection (EP) Zone
Page 268
25.4.1 EP-1
(1)
Defined Area
EP-1 as shown on Schedule "A" Map No. 35, 42 and 49 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the EP-1 Zone in addition to the uses specified
in Subsection 25.2:
(a) private park, provided no buildings or structures shall be permitted except in
accordance with Clause (1) of Subsection 25.3.
25.4.2 EP-2
(1)
Defined Area
EP-2 as shown on Schedule "A" Map No. 44 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the EP-2 Zone in addition to the uses specified
in Subsection 25.2:
(a) pit.
25.4.3 EP-3
(1)
Defined Area
EP-3 as shown on Schedule "A" Map No. 2-1 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the EP-3 Zone in addition to the uses specified
in Subsection 25.2:
(a) golf course, provided no buildings or structures shall be permitted except in
accordance with Clause (1) of Subsection 25.3.
25.4.4 (EP-4)
By-law 47-2008
(Addition)
(1)
Defined Area:
EP-4 as shown on Schedule "A", Map 58 to this By-law
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version August 2023
Section 25 - Environmental Protection (EP) Zone
Page 269
(2)
Permitted Uses:
The following use is permitted in the EP-4 Zone in addition to all other uses
specified in Section 25.2:
(a) outdoor paintball play area
(3)
Definition:
The term, "outdoor paintball play area", means the use of land for the purpose of
accommodating the area of an outdoor paintball facility, including roped boundary
demarcations and temporary obstacles, but does not include parking, equipment
storage or management offices accessory to an outdoor paintball facility.
(4)
Regulations:
Notwithstanding the provisions of Section 25.3, temporary structures used as
obstacles related to the playing of paintball that occupy and area no larger than 9
square metres each and are without a roof, shall be permitted within the EP-4
Zone.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 26 - Wetland (W) Zone
Page 270
SECTION 26. WETLAND (W) ZONE
26.1 SCOPE
The provisions of this Section shall apply in all Wetland (W) Zones except as otherwise
provided in the Special Provisions Subsection of this Section.
26.2 PERMITTED USES
No person shall within any Wetland (W) Zone, use any lot or erect, alter or use any building
or structure for any purpose except for one or more of the following W Zone uses, namely:
(1) conservation use;
(2) wildlife preserve;
(3) works of a conservation authority.
26.3 REGULATIONS
No person shall, within any Wetland (W) Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(1) No buildings or structures are permitted unless for flood control purposes in accordance
with the regulations of the Conservation Authority having jurisdiction or appropriate
government agency.
Note: (The following italicized text does not form part of this By-law and is provided for information
purposes only):
Some of the lands on Schedule "A" to this By-law are subject to the Upper Thames River
Conservation Authority (UTRCA) Ontario Regulation No. 157/06 or the Kettle Creek Conservation
Authority (KCCA) Regulation No. 181/06. Where development or site works are proposed within a
Regulated Area, as shown on schedules filed with the appropriate Conservation Authority, a permit
from the Conservation Authority may be required. The appropriate Conservation Authority should be
contacted to determine the extent of the Regulated Area. The appropriate Conservation Authority
should be consulted before development, including construction, conversion, grading, filling or
excavating occurs to determine whether the Authority Regulations apply.
26.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "W" Zone. If a regulation or use is not specified, the permitted uses of Subsection
26.2 and the regulations of Subsection 26.3 shall apply.
26.4.1 W-1
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 26 - Wetland (W) Zone
Page 271
(1)
Defined Area
W-1 as shown on Schedule "A" Map No. 49 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the EP-4 Zone in addition to the uses specified
in Subsection 26.2:
(a) Private park, provided no buildings or structures shall be permitted except in
accordance with Clause (1) of Subsection 26.3.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 27 - Future Development (FD) Zone
Page 272
SECTION 27. FUTURE DEVELOPMENT (FD) ZONE
27.1 SCOPE
The provisions of this Section shall apply in all Future Development (FD) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
27.2 PERMITTED USES
No person shall within any Future Development (FD) Zone, use any lot or erect, alter or use
any building or structure for any purpose except for one or more of the following FD Zone
uses, namely:
(1) existing permitted use.
27.3 REGULATIONS
No person shall, within any Future Development (FD) Zone, use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(1) The minimum lot area and frontage, front, side and rear yard requirements, the
maximum lot coverage and building height shall remain as they lawfully existed as of
the day of the passing of this By-Law.
(2) Clause (1) above shall not apply to prevent the erection or alteration of dwellings or the
erection or alteration of buildings accessory thereto in compliance with the regulations
of Section 9.
(3) Dwelling Units Per Lot (maximum)
1 only
27.4 SPECIAL PROVISIONS
The following site-specific Zones apply to existing or unique situations that are not the
standard "FD" Zone. If a regulation or use is not specified, the permitted uses of Subsection
27.2 and the regulations of Subsection 27.3 shall apply.
27.4.1 FD-1
(1)
Defined Area
FD-1 as shown on Schedule "A" Map No. 2-5 to this By-Law.
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 27 - Future Development (FD) Zone
Page 273
(2)
Permitted Uses
The following uses are permitted in the FD-1 Zone in addition to the uses specified
in Subsection 27.2:
(a) accessory building, structure or use;
(b) single detached dwelling.
(3)
The uses permitted under clause (2) above shall be subject to the regulations of the
R1 Zone.
(4)
Note: Lands within the FD-1 Zone are within a designated Well Head Protection
Area. See the Municipality of Thames Centre Official Plan for study requirements
and special restrictions.
27.4.2 FD-2
(1)
Defined Area
FD-2 as shown on Schedule "A" Map No. 42 to this By-Law.
(2)
Permitted Uses
The following uses are permitted in the FD-2 Zone in addition to the uses specified
in Subsection 27.2:
(a) accessory building, structure or use;
(b) contractor's yard or shop;
(c) single detached dwelling.
27.4.3 FD-3
(1)
Defined Area
FD-3 as shown on Schedule "A" Map No. 2-5 to this By-Law.
Note: Lands within the FD-3 Zone are within a designated Area of High Susceptibility
and/or Well Head Protection Area. See the Municipality of Thames Centre Official
Plan for study requirements and special restrictions.
27.4.4 FD-4
(1)
Defined Area
FD-4 as shown on Schedule "A" Map No. 13 to this By-Law.
By-law 93-2015
(Addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 27 - Future Development (FD) Zone
Page 274
(2)
Permitted Uses
Uses existing as of the day of the passing of this By-law.
(3)
Regulations
(a)
Lot Area (minimum)
3.5 ha"
By-law 11-2016
(Addition)
27.4.5 FD-5
(1)
Defined Area
FD-5 as shown on Schedule "A", Map 2-2 to this By-law
(2)
Regulations
(a)
Lot Area (minimum)
4.25 ha"
27.4.6 FD-6
(1)
Defined Area
FD-6 as shown on both Schedule "A", Map 2-2 to this By-law and on Schedule "A",
Map 2-3 to this By-law.
(2)
Regulations
(a)
Lot Area (minimum)
0.98 ha
(b)
Lot Frontage (minimum)
123 m"
27.4.7 FD-7
(1)
Defined Area
FD-7 as shown on both Schedule "A", Map 27 to this By-law
(2)
Regulations
(a)
Lot Area (minimum)
5.5 ha
(b)
Lot Frontage (minimum)
95 m
By-law No.
54-2017
Amendment
By-law No.
16-2018
Amendment
By-law No.
20-2017
(Addition)
By-law No.
66-2017
(Addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 27 - Future Development (FD) Zone
Page 275
27.5 TEMPORARY USES
The following site-specific temporary use Zones apply to existing or unique situations where
a specific use is permitted on a temporary basis, and are not the standard "FD" Zone. If a
regulation or use is not specified, the permitted uses of Subsection 27.2 and the regulations
of Subsections 27.3 shall apply. All permitted uses listed in this subsection shall only be
permitted until the expiry date listed for each such use, at which time the use is no longer
permitted and shall be removed.
By-law # 4-2007
(addition)
MUNICIPALITY OF THAMES CENTRE - Zoning By-Law No. 75-2006
September 2006 | Consolidation Version October 2024
Section 28 - Enactment
Page 276
SECTION 28. ENACTMENT
28.1 CONFLICT WITH OTHER BY-LAWS
In the event of any conflict or inconsistency between this By-law and any other general or
special By-law of the Corporation, the provisions of this By-law shall prevail.
28.2 REPEAL OF EXISTING BY-LAWS
All previous by-laws of the Corporation of the Municipality of Thames Centre passed
pursuant to Section 34 of the Planning Act are hereby repealed.
28.3 EFFECTIVE DATE
This By-law shall come into force on the date it is passed by Council subject to the provisions
of the Planning Act, 1990, as amended.
READ A FIRST AND SECOND TIME THIS 11th DAY OF SEPTEMBER, 2006.
_____________________
___________________
Mayor
Clerk
READ A THIRD TIME AND FINALLY PASSED AND SEALED THIS 11th DAY OF SEPTEMBER,
2006.
_____________________
___________________
Mayor
Clerk
OFFICE CONSOLIDATION - JULY 2012
SCHEDULE A
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
1
3
2
7
6
5
9
4
11
51
53
28
10
14
15
24
19
18
64
23
13
17
8
27
58
52
65
38
43
32
33
59
50
49
48
47
54
61
62
63
55
56
57
60
31
22
40
45
30
35
44
29
25
20
12
16
36
37
41
21
42
26
34
39
46
3A
34A
39A
55A
62A
49A
58A
64A
44A
THORNDALE
SEE INDEX 3
DORCHESTER
SEE INDEX 2
CNR
CNR
CPR
CPR
CNR
CNR
CPR
CPR
THAMES RIVER
THAMES RIVER
FAIRVIEW RD
HERITAGE RD
CHERRY HILL RD
NISSOURI RD
HAMILTON
CRAMPTON DR
GORE RD
CROMARTY DR
GLADSTONE DR
PURPLE HILL RD
ELGIN RD
DUNDAS ST
WYTON DR
MOSSLEY DR
OLIVER DR
MARION ST
PUTNAM RD
EVELYN DR
TRAFALGAR ST
AVON DR
ELGINFIELD RD
HARRIETSVILLE
DR
PLOVER MILLS R D
HWY 401
GREGORY DR
LEWIS RD
DOAN DR
BREEN RD
DORC HESTER RD
SHAW RD
WELLBURN
RD
REBECCA RD
THORNDALE RD
COBBLE HILLS RD
BRADY RD
THOMPSON DR
FORBES RD
DONNYBROOK DR
FERRAR RD
HARRIS
WESTCHESTER BRNE
RICHMOND ST
CATHERINE ST
DINGMAN DR
EBENEZER DR
COW PATH
BOT RD
SCOTLAND DR
BANKS RD
WESTMINSTER DR
STOREY DR
CENTRE DR
ROBINSON RD
PROSPECT HILL RD
LOWER
COW PATH
WILTON
GROVE
RD
OLALONDO RD
PIGRAM RD
COBBLE HILLS RD
HUNT RD
WHITTAKER
LN
SHAIN RD
BRADLEY
AVE
EATON RD
MARR RD
SLO-PITCH RD
LACEY
LANE
ROBIN HILL RD
RD
MILLRD
TOWNSHIP OF PERTH SOUTH
TOWNSHIP OF ZORRA
TOWNSHIP OF ZORRA
TOWNSHIP OF SOUTH WEST OXFORD
TOWNSHIP OF MALAHIDE
TOWNSHIP OF MIDDLESEX CENTRE
CITY
OF
LONDON
FANSHAWE
LAKE
LOT 3 1
LOT 3 5
LOT 3 4
LOT 3 2
LOT 3 3
LOT 3 6
I
II
III
IV
V
VI
LOT 3 0
LOT 2 6
LOT 2 8
LOT 2 7
LOT 2 9
VII
LOT 2 5
LOT 2 1
LOT 2 2
LOT 2 4
LOT 2 3
LOT 2 0
LOT 1 6
LOT 1 8
LOT 1 9
LOT 1 7
LOT 11
LOT 1 5
LOT 1 3
LOT 1 4
LOT 1 2
LOT 6
LOT 7
LOT 8
LOT 9
LOT 1 0
LOT 2
LOT 5
LOT 3
LOT 4
LOT 1
LOT 6
LOT 5
LOT 4
LOT 3
LOT 7
LOT 8
LOT 9
LOT 1 2
LOT 11
LOT 1 3
LOT 1 0
LOT 1 8
LOT 1 6
LOT 1 5
LOT 1 7
LOT 1 4
I
II
III
IV
B.F.
I
A
B
V
II
III
I
II
LOT 2
LOT 1
LOT 3
LOT 4
IV
V
VI
III
IV
LOT 2 2
LOT 2 1
LOT 2 4
LOT 2 3
V
VI
LOT 1 9
LOT 1 7
LOT 2 0
LOT 1 8
LOT 1 3
LOT 1 4
LOT 1 5
LOT 1 6
LOT 9
LOT 1 2
LOT 11
LOT 1 0
LOT 7
LOT 6
LOT 4
LOT 8
LOT 5
LOT 1
LOT 2
LOT 3
LOT A
LOT B
1:175,000
0
1
2
3
4
0.5
KM
§
AVON
CRAMPTON
GLADSTONE
HARRIETSVILLE
MOSSLEY
NILESTOWN
PUTNAM
WAUBUNO
WELLBURN
DORCHESTER
THORNDALE
64A
58A
55A
62A
49A
39A
44A
34A
3A
SEE INDEX 2
SEE INDEX 3
INDEX 1
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
VALLEYVIEW RD
ELGINFIELD RD
PROSPECT HILL RD
EBENEZER DR
HIGHWAY 7
THAMES
RIVER
THAMES R
A
EP
M3
EP
EP
EP
EP
EP
EP
A
A
A
A
T-A-14
A
A
E
EP
E
E
M2-1
A-40
A
05-27-2027
I
LOT 36
LOT 35
LOT 34
LOT 33
LOT 32
LOT 31
II
¬
2
¬
5
TOWNSHIP OF MIDDLESEX CENTRE
TOWNSHIP OF PERTH SOUTH
0
150
300
450
600
75
§
1
1:16,000
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
FAIRVIEW RD
HERITAGE RD
STOREY DR
ELGINFIELD RD
GREGORY DR
HIGHWAY 7
A
A
EP
EP
EP
A
A
A
A
A
A
EP
OS
A-1
EP
EP
EP
EP
EP
EP
EP
EP
A-45
EP
EP
EP
LOT 36
LOT 35
LOT 34
LOT 33
LOT 32
LOT 31
III
IV
¬
1
¬
3
¬
6
TOWNSHIP OF PERTH SOUTH
1:16,000
0
200
400
600
800
100
§
2
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
HERITAGE RD
HERITAGE RD
ELGINFIELD RD
WELLBURN RD
GREGORY DR
CHERRY HILL RD
CHERRY HILL RD
HIGHWAY 7
GREGORY DR
A
A
EP
A
T-A-9 02-13-2026
A-45
A
A
A
EP
EP
EP
HR
A-45
A-45
A-45
A-45
A-45
EP
M2
A-45
EP
A
A
EP
LOT 31
LOT 35
LOT 33
LOT 32
LOT 34
LOT 36
V
VI
¬
4
¬
7
¬
2
¬
7
TOWNSHIP OF PERTH SOUTH
WELLBURN
SEE MAP 3A
C.N.R.
0
150
300
450
600
75
§
3
1:16,000
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
LOT 30
LOT 31
IV
V
HR
M1
HR
M2-3-h
HR
OS
HR
GC1
HR
HR-5
HR
HR-7
HR-8
HR
HR-11
WELLBURN RD
GREGORY DR
¬
3
¬
3
¬
7
¬
7
¬
7
¬
3
1:5,000
0
60
120
180
240
30
§
3A
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
GREGORY
COBBLE HILLS RD
CHERRY HILL RD
ELGINFIELD RD
HIGHWAY 7
DR
A
A-2
EP
A
A
EP
TOWNSHIP OF PERTH SOUTH
TOWNSHIP OF ZORRA
AGC-7
EP
A-45
EP
LOT 36
LOT 35
LOT 34
LOT 33
LOT 32
LOT 31
VII
¬
8
¬
3
C.N.R.
1:16,000
0
200
400
600
800
100
§
4
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
PLOVER MILLS RD
VALLEY VIEW RD
EBENEZER DR
NISSOURI RD
PROSPECT HILL RD
THAMES
RI
V
E
R
A
EP
EP
EP
EP
M2-1
RR
RR
RR
-1
RR
-3
RR
-2
EP
EP
EP
EP
EP
EP
A
A
A
A
A
TOWNSHIP OF MIDDLESEX CENTRE
AA-63
EP
I
II
LOT 30
LOT 29
LOT 28
LOT 27
LOT 26
¬
9
¬
6
¬
1
1:16,000
0
150
300
450
600
75
§
5
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
HERITAGE RD
WELLBURN RD
GREGORY DR
CHERRY HILL RD
PLOVER MILLS RD
A
A-39
EP
M2
EP
EP
A
EP
M2
M2
A
A
A
A
A-45
A
A
A
HR
A-45
A-45
A-45
A-58
LOT 26
LOT 30
LOT 28
LOT 29
LOT 27
V
VI
¬
6
¬
8
¬
11
¬
3
WELLBURN
SEE MAP 3A
¬
3
C.N.R.
1:16,000
0
200
400
600
800
100
§
7
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
CHERRY HILL RD
COBBLE HILLS RD
GREGORY DR
PLOVER MILLS RD
A
EP
EP
A
A
A-45
A
A-45
VII
LOT 30
LOT 29
LOT 28
LOT 27
LOT 26
¬
12
¬
7
¬
4
TOWNSHIP OF ZORRA
1:16,000
0
200
400
600
800
100
§
8
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
PLOVER MILLS RD
NISSOURI RD
VALLEY VIEW RD
PLOVER MILLS RD
CENTRE DR
OLIVER DR
PROSPECT HILL RD
NISSOURI RD
CENTRE DR
OLIVER DR
THAMES RIVER
A
A
EP
EP
EP
RR
EP
A
A
EP
RR-6
EP
EP
RR
EP
EP
EP
EP
A
A
A
A
A
A
EP
A-43
A
A
EP
EP
EP
A-45
A-45
LOT 25
LOT 24
LOT 23
LOT 22
LOT 21
I
II
¬
10
¬
13
¬
5
TOWNSHIP OF MIDDLESEX CENTRE
0
150
300
450
600
75
§
9
1:16,000
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
FAIRVIEW RD
OLIVER DR
NISSOURI RD
HERITAGE RD
PLOVER MILLS RD
A-45
A
A-36
EP
EP
A-45
A
M2
A
A-3
A
A
A
A-45
A
A
A
A
A-45
A
A
LOT 25
LOT 24
LOT 23
LOT 22
LOT 21
III
IV
¬
11
¬
14
¬
9
¬
6
C.N.R.
1:16,000
0
200
400
600
800
100
§
10
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
OLIVER DR
HERITAGE RD
PURPLE HILL RD
CHERRY HILL RD
PLOVER MILLS RD
A
EP
EP
A
EP
OS
M2-2
EP
A
A
A
A
A
A
A
A-4
I
A
T-A-11 06-12-2033
LOT 25
LOT 21
LOT 22
LOT 23
LOT 24
V
VI
¬
7
¬
12
¬
10
¬
15
C.N.R.
1:16,000
0
200
400
600
800
100
§
11
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
CHERRY HILL RD
COBBLE HILLS RD
OLIVER DR
PLOVER MILLS RD
A
A
A
EP
EP
A
A-37
A
A-45
A-45
A
A-45
A
A
LOT 25
LOT 24
LOT 23
LOT 22
LOT 21
VII
¬
11
¬
8
¬
16
TOWNSHIP OF ZORRA
1:16,000
0
200
400
600
800
100
§
12
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
FAIRVIEW RD
OLIVER DR
NISSOURI RD
COUNTY ROAD 31
COUNTY ROAD 27
A
A
EP
A-6
EP
EP
EP
A
A
A
A
A
A-45
AR
EP
EP
EP
EP
AGC-4
M2
A
A-45
T-A-6 12-13-2031
T-A-6
12-13-2031
T-A-6
12-13-2031
A-6
EP
EP
EP
T-A-6 12-13-2031
T-A-6
12-13-2031
A
EP
EP
AR
LOT 20
LOT 19
LOT 18
LOT 17
III
IV
¬
13
¬
10
¬
15
THORNDALE
SEE INDEX 3
C.N.R.
1:16,000
0
200
400
600
800
100
§
14
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
OLIVER DR
HERITAGE RD
PURPLE HILL RD
CHERRY HILL RD
THORNDALE RD
A
EP
EP
EP
A
EP
EP
OS
A
A
A
A
A
A
A
A
A-44
A-45
A-45
A-45
EP
LOT 19
LOT 20
LOT 16
LOT 17
LOT 18
V
VI
VI
¬
19
¬
16
¬
14
¬
11
THORNDALE
SEE INDEX 3
1:16,000
0
200
400
600
800
100
§
15
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
CHERRY HILL RD
OLIVER DR
COBBLE HILLS RD
THORNDALE RD
A
A
A
EP
EP
A
A
A-45
EP
A
T-A-13
11-27-2033
LOT 20
LOT 19
LOT 18
LOT 17
LOT 16
VII
¬
12
¬
20
¬
15
TOWNSHIP OF ZORRA
1:16,000
0
150
300
450
600
75
§
16
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
THORNDALE RD
NISSOURI RD
WYTON DR
OLALONDO RD
WYTON DR
REBECCA RD
GERALD PKWY
IDEAL DR
THAMES RIVER
M3
A-45
EP
A
M2
A
M2
A-49
M3
EP
M3-h
OS
OS
EP
A
M3-2-h
OS
A-7
OS-1
OS
OS
OS
M3
A
M3
M3
EP
EP
EP
EP
A
A
A
M2-19
A
M2-17
M2
A
HC
M3
T-A-12
10-30-2026
M3-6
EP
1
LOT 15
LOT 14
LOT 13
LOT 12
LOT 11
I
II
¬
22
¬
18
¬
13
¬
21
TOWNSHIP OF MIDDLESEX CENTRE
LAKESIDE DR
C.N.R.
THORNDALE
SEE INDEX 3
1:16,000
0
150
300
450
600
75
§
17
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
FAIRVIEW RD
WYTON DR
NISSOURI RD
HERITAGE RD
A
M3
M3
EP
EP
EP
EP
EP
A
A
A
A
A
A
A
A-45
A-45
EP
LOT 14
LOT 13
LOT 12
LOT 11
III
IV
¬
17
¬
23
¬
19
THORNDALE
SEE INDEX 3
C.N.R.
1:16,000
0
200
400
600
800
100
§
18
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
WYTON DR
HERITAGE RD
PURPLE HILL RD
CHERRY HILL RD
THORNDALE RD
A
A-6
EP
EP
EP
EP
EP
A
A
EP
i
EP
M2
A
A-10
A
A
A
A
A
A
A-45
EP
EP
A-45
LOT 11
LOT 15
LOT 13
LOT 14
LOT 12
V
VI
¬
24
¬
20
¬
18
¬
15
1:16,000
0
150
300
450
600
75
§
19
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
THORNDALE RD
CHERRY HILL RD
WYTON DR
THORNDALE RD
COBBLE HILLS RD
P
A
EP
A
OS
EP
EP
EP
A
A
A
A-45
T-A-4
04-26-2024
T-A-4
04-26-2024
EP
EP
EP
EP
EP
A
A
EP
A
A-65
EP
LOT 15
LOT 14
LOT 13
LOT 12
LOT 11
VII
¬
25
¬
19
¬
16
TOWNSHIP OF ZORRA
0
150
300
450
600
75
§
20
1:16,000
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
LAKESIDE DR
FANSHAWE
LAKE
EP
OS
EP
CR-7
LOT 1
LOT 2
VI
V
¬
22
¬
17
1:16,000
0
200
400
600
800
100
§
21
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
REBECCA RD
NISSOURI RD
WYTON DR
WYTON DR
ROBIN'S HILL RD
FANSHAWE
LAKE
A-45
EP
EP
OS
CR
EP
EP
CR-7
EP
RR
CR-7
OS
OS
OS
EP
A-9
EP
M2
RR
OS
A
A
A
A
A
A
EP
EP
EP
1-05-2015
T-M3-h
OS
I
II
LOT 10
LOT 9
LOT 8
¬
17
¬
26
¬
23
¬
21
CITY OF LONDON
CITY OF LONDON
C.N.R.
1:16,000
0
200
400
600
800
100
§
22
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
FAIRVIEW RD
WYTON DR
NISSOURI RD
EVELYN DR
HERITAGE RD
A
EP
EP
EP
EP
EP
EP
A
A
A
A
A
A-45
T-A-7 03-28-2025
A-45
III
IV
LOT 10
LOT 9
LOT 8
LOT 7
LOT 6
¬
27
¬
24
¬
26
¬
22
¬
18
1:16,000
0
200
400
600
800
100
§
23
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
WYTON DR
EVELYN DR
HERITAGE RD
PURPLE HILL RD
CHERRY HILL RD
A
EP
EP
EP
AGC-5
EP
EP
A
A
A
A
EP
EP
EP
A
A
A
A-45
A
EP
EP
LOT 6
LOT 7
LOT 8
LOT 9
LOT 10
V
VI
¬
28
¬
25
¬
23
¬
19
1:16,000
0
150
300
450
600
75
§
24
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
CHERRY HILL RD
EVELYN DR
WYTON DR
COBBLE HILLS RD
A
EP
A
EP
A
A-8
EP
EP
A
A
A-45
A-45
A
A
EP
VII
LOT 10
LOT 9
LOT 8
LOT 7
LOT 6
¬
29
¬
24
¬
20
TOWNSHIP OF ZORRA
1:16,000
0
200
400
600
800
100
§
25
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
NISSOURI RD
DUNDAS ST
CR
EP
HC
RR-4
MHP
CR RR
A
RR
RR-7
I
HC-17
A
A
EP
A
LOT 4
LOT 3
LOT 2
LOT 1
II
¬
22
¬
27
¬
23
¬
30
CITY OF LONDON
C.P.R.
1:16,000
0
200
400
600
800
100
§
26
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
NISSOURI RD
FAIRVIEW RD
EVELYN DR
DUNDAS ST
HERITAGE RD
DUNDAS ST
DU
A
FD-7
EP
EP
FD
EP
EP
OS
HC
EP
OS-2
RR-h
A-13
M2
HC
A
A
EP
EP
A-12
A-45
A-51
A
A
A
A
A-45
RR
HC-4
HC-2
HC-5-h
HC-h
FD
FD
A
A-14
EP
HC
HC-3
HC-h
HC
I
A-14
A-14
A
A
EP
A-46
A
A-
A
A
EP
A-62
A
A-66
HC-18
LOT 5
LOT 4
LOT 3
LOT 2
LOT 1
III
IV
¬
28
¬
31
¬
30
¬
26
¬
23
C.P.R.
C.P.R.
0
150
300
450
600
75
§
27
1:16,000
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
EVELYN DR
DUNDAS ST
HERITAGE RD
PURPLE HILL RD
CHERRY HILL RD
A
A
A
EP
A-33
EP
EP
EP
EP
EP
EP
A
A
A
EP
EP
OS
M2
A
A-32
A
A
A
A
A
A-11
M3
A-46
A-46
M3-5
A-47
M3
A-58
LOT 1
LOT 5
LOT 2
LOT 4
LOT 3
V
VI
¬
24
¬
29
¬
32
¬
27
C.P.R.
C.P.R.
1:16,000
0
200
400
600
800
100
§
28
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
CHERRY HILL RD
COBBLE HILLS RD
DUNDAS ST
EVELYN DR
A
EP
OS
EP
A
M2-6
M2-5
A
A
A
A-41
LOT 5
LOT 4
LOT 3
LOT 2
LOT 1
VII
¬
33
¬
28
¬
25
TOWNSHIP OF ZORRA
C.P.R.
1:16,000
0
200
400
600
800
100
§
29
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
SHAW RD
GORE RD
DUNDAS ST
TRAFALGAR ST
A
A-45
EP
EP
M2
A
A
A
A
A
A
A
A
A
A
EP
EP
EP
EP
T-A-10
05-08-2026
/ A-60
LOT 6
LOT 5
LOT 4
LOT 3
II
I
¬
35
¬
31
¬
26
¬
27
CITY OF LONDON
1:16,000
0
200
400
600
800
100
§
30
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
SHAW RD
GORE RD
RICHMOND ST
DUNDAS ST
RICHMOND ST
TRAFALGAR ST
A
EP
EP
EP
EP
M2
M2
EP
A
M2-8
A-17
A-23
EP
A
A
A
A
A
A
A
AGC-1
A-45
A
LOT 7
LOT 8
LOT 9
LOT 8
LOT 7
LOT 9
II
III
LOT 9
I
¬
32
¬
36
DORCHESTER
SEE INDEX 2
¬
30
¬
27
1:16,000
0
150
300
450
600
75
§
31
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
GORE RD
ELGIN RD
DUNDAS ST
TRAFALGAR ST
RICHMOND ST
BANKS RD
DUNDAS ST
A-45
A
W
EP
A
EP
W
W
EP
EP
EP
EP
EP
EP
A-18
M2-9
EP
I
M2-10
EP
EP
EP
W
EP
I
EP
EP
EP
I
W
EP
W
EP
I
EP
A
A
A
A
A
A
A
A
A
A
A
A-45
EP
A-45
A-45
A-45
M2
LOT 12
LOT 11
LOT 13
LOT 10
II
L
I
¬
28
¬
31
¬
36
¬
33
1:16,000
0
200
400
600
800
100
§
32
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
GORE RD
DUNDAS ST
TRAFALGAR ST
HUNT RD
ELGIN RD
M3
M3
W
A
EP
EP
M3
W
W
EP
W
W
EP
W
W
W
W
W
W
EP
HC
HC-6
M3
A
EP
EP
W
EP
EP
EP
EP
EP
W
EP
EP
I
W
EP
EP
EP
EP
A
EP
EP
EP
EP
EP
A
A
EP
EP
EP
EP
EP
EP
EP
W
W
EP
EP
A
A
A
M3
A
M3
M3
i i
i
i
A
A
A-45
EP
EP
A
A
M3
A-63
T-M3-1 09-23-2027/M3-8
LOT 18
LOT 16
LOT 15
LOT 17
LOT 14
II
I
¬
29
¬
32
¬
38
TOWNSHIP OF ZORRA
TOWNSHIP OF ZORRA
0
150
300
450
600
75
§
33
1:16,000
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
CATHERINE ST
A
A
EP
EP
CR-1
A
A
LOT 2
LOT 1
III
¬
35
¬
39
CITY OF LONDON
CITY OF LONDON
WAUBUNO
SEE MAP 34A
C.N.R.
1:16,000
0
200
400
600
800
100
§
34
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
THAMES RIVER
LOT 2
LOT 3
III
HR
HR-3
EP
HR
HR
HR-4
EP
EP
HR
HR
HR-h
A
A
CATHERINE ST
WESTCHESTER BRNE
¬
34
¬
34
¬
39
¬
35
C.N.R.
1:5,000
0
60
120
180
240
30
§
34A
WAUBUNO
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
GORE RD
CATHERINE ST
HAMILTON RD
SHAW RD
WESTCHESTER BRNE
THAMES RIVER
A
EP
RR-5
RR-5
EP-1
M2
I-2-h
CR-1
EP
RR-5
A
OS
EP
A
A
A
A
M2-11
EP
A
A
A
A
EP
HR-3
M2-21
M2
LOT 7
I
LOT 6
LOT 5
LOT 3
LOT 4
LOT 24
LOT 22
LOT 23
LOT 21
III
A
¬
30
¬
34
¬
34
¬
40
¬
31
DORCHESTER
SEE INDEX 2
WAUBUNO
SEE MAP 34A
NILESTOWN
SEE MAP 39A
C.N.R.
C.N.R.
1:17,000
0
210
420
630
840
105
§
35
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
GORE RD
MARION ST
ELGIN RD
RICHMOND ST
A
EP
CR-1
W
EP
A
EP
W
EP
EP
W
W
EP
CR-1
W
EP
W
EP
EP
A-4
W
EP
EP
W
W
EP
W
A
EP
A
A
A
A
A
A
9
LOT 13
LOT 11
LOT 12
LOT 10
LOT 9
LOT 14
III
L
¬
32
¬
31
¬
37
¬
38
DORCHESTER
SEE INDEX 2
1:16,000
0
200
400
600
800
100
§
36
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
MARION ST
ELGIN RD
CATHERINE ST
ELGIN RD
HAMILTON RD
RIVER
THA
MES
A
EP
EP
FD
OS-4
HC
EP
A
A
A
A
A
EP
EP
EP
EP
FD
EP
I
HC-15
R1
R1
LOT 12
LOT 13
LOT 14
LOT 14
LOT 13
LOT 12
IV
V
LOT 14
LOT
DORCHESTER
SEE INDEX 2
¬
36
¬
38
¬
43
¬
42
C.N.R.
1:16,000
0
200
400
600
800
100
§
37
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
ELGIN RD
GORE RD
MARION ST
CATHERINE ST
HUNT RD
HUNT RD
ELGIN RD
A
M3
A
A
A
W
EP
M3
W
EP
EP
EP
W
EP
EP
A
EP
A
W
EP
EP
EP
A
A
EP
EP
I
EP
EP
EP
EP
M3
M3
M3
M3
M3
A
A
EP
EP
EP
EP
A
A
A
M3
A-h
4
4
LOT 18
LOT 17
LOT 16
LOT 15
LOT 15
LOT 17
LOT 16
LOT 14
LOT 14
LOT 18
III
IV
V
¬
33
¬
36
¬
37
¬
43
TOWNSHIP OF ZORRA
1:16,000
0
200
400
600
800
100
§
38
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
WESTCHESTER BRNE
HAMILTON RD
BRADLEY AVE
WESTCHESTER BRNE
THAMES RIVER
A
EP
A
HC-7
EP
A
A
A
A
A
A
EP
A-55
LOT 1
LOT 2
B.F.
I
WAUBUNO
SEE MAP 34A
NILESTOWN
SEE MAP 39A
CITY OF LONDON
¬
35
¬
47
¬
46
1:16,000
0
200
400
600
800
100
§
39
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
LOT 24
LOT 24
LOT 1
I
HR
CR-2
I
HR-h
GC1-8
GC1-11
GC1-5
HR-2
HR-1
OS
HR-9
GC1
HR
HR
HR
HR
HR
GC1-7
HAMILTON RD
WESTCHESTER BRNE
GOLF DR
SAGE ST
NEELY CRT
DURHAM ST
WRIGHT ST
¬
35
¬
39
¬
40
¬
40
1:5,000
0
60
120
180
240
30
§
39A
NILESTOWN
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
HAMILTON RD
FERRAR RD
HARRIS RD
DONNYBROOK DR
WESTCHESTER BRNE
A
CR-2
EP
EP
EP
EP
HC-14-h-5
EP
EP
M2-8
EP
EP
A
A
A
A
A
A
A-45
A
A
LOT 24
LOT 23
LOT 22
LOT 21
A
B
¬
35
¬
39
¬
47
¬
41
DORCHESTER
SEE INDEX 2
NILESTOWN
SEE MAP 39A
1:16,000
0
200
400
600
800
100
§
40
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
DORCHESTER RD
DONNYBROOK DR
MILL RD
HARRIS RD
HAZELWOOD PASS
BOARDWALK WAY
GREENBRIER RIDGE
A
EP
EP
W
EP
EP
W
AR
A-h
AR
R1-26
A
I
AR
AR
AR
R3-8
R2-6-H
R1-17
R1-17
AR
R1-17
EP
LOT 20
LOT 19
LOT 18
LOT 17
B
DORCHESTER
SEE INDEX 2
¬
40
¬
48
¬
42
1:16,000
0
200
400
600
800
100
§
41
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
ELGIN RD
HAMILTON RD
SLO-PITCH RD
EP
AR
A
A
CR-6
W
R1
CR-1
W
I
EP-1
EP
FD
EP
FD
-2
OS-3
EP-1
W
R1
EP
EP
W
EP
EP
EP
HC
-8
EP
I
A
A
EP
W
FD
W
EP
EP
LOT 16
LOT 15
LOT 14
LOT 13
B
DORCHESTER
SEE INDEX 2
¬
41
¬
49
¬
43
¬
37
1:16,000
0
200
400
600
800
100
§
42
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
ELGIN RD
HAMILTON RD
CATHERINE ST
COW PATH
LOWER COW PATH
THAMES RIVER
A
A
EP
A
CR-3
EP
A-31
EP
W
W
W
A
EP
W
W
HC
-13
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
A
EP
I
W
EP
I
I
W
EP
W
EP
W
EP
W
EP
EP
I
EP
EP
A
A-45
A
A
I
A
A
A-45
A
A
A
A
A
EP
CR-3
A
14
LOT 13
LOT 9
LOT 10
LOT 11
LOT 12
LOT 14
LOT 18
LOT 16
LOT 17
LOT 15
V
A
B
¬
37
¬
37
¬
42
¬
50
¬
44
TOWNSHIP OF ZORRA
C.N.R.
C.N.R.
1:16,000
0
200
400
600
800
100
§
43
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
HAMILTON RD
BREEN RD
PUTNAM RD
THAMES
A
W
EP
A
A
EP
EP-2
M3-3
EP
EP
W
W
EP
EP
A
A
A
A
EP
EP
EP
A-45
LOT 5
LOT 4
LOT 8
LOT 7
LOT 6
A
B
TOWNSHIP OF ZORRA
¬
43
¬
51
¬
45
PUTNAM
SEE MAP 44A
RIVER
1:16,000
0
200
400
600
800
100
§
44
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
LOT 3
LOT 4
B
M1
EP
HR
I
HR
HR
A
GC1
HR
GC1-4
HR
GC1
HR
HR
EP
EP
M1
M3
A
COUCH RD
HAMILTON RD
RATH ST
MARSHALL ST
PUTNAM RD
C.P.R.
¬
44
¬
44
¬
44
¬
45
¬
45
0
54
108
162
216
27
§
44A
1:5,500
PUTNAM
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
HAMILTON RD
FIVE POINTS RD
PUTNAM RD
CLARKE RD
FIVE POINTS RD
BREEN RD
PIGRAM RD
THAMES
RIVER
A
M3
M3
M1
W
M1-3
EP
M3-4
EP
M3
W
M1-4
EP
EP
M3
EP
M1
W
W
I
EP
EP
I
W
I
A
W
EP
I
A
A
A
EP
W
A-3
M2-23
M1
A
A
LOT 1
LOT 2
LOT 3
LOT B
LOT A
A
B
¬
44
¬
44
¬
52
TOWNSHIP OF SOUTH WEST OXFORD
TOWNSHIP OF ZORRA
PUTNAM
SEE MAP 44A
C.P.R.
1:16,000
0
200
400
600
800
100
§
45
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
WESTCHESTER BRNE
DINGMAN DR
HIGHWAY 401
BRADLEY AVE
WILTON GROVE RD
WESTCHESTER BRNE
A
HC
A
HC-10
W
HC-9
HC-11
EP
A-h
A
A
A
LOT 1
LOT 2
II
III
CITY OF LONDON
¬
39
¬
47
¬
54
¬
53
1:16,000
0
200
400
600
800
100
§
46
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
HIGHWAY 401
CROMARTY DR
THOMPSON DR
DONNYBROOK DR
COUNTY RD 74
WESTCHESTER BRNE
HUDSON DR
A
W
M2
EP
M2
EP
CR-5
M2-18
EP
EP
W
I
EP
EP
EP
EP
W
EP
EP
EP
EP
A
A
A
A-45
A
A
A
A
A
M2
A
EP
EP
RR-8
LOT 21
LOT 22
LOT 24
LOT 23
I
II
¬
40
¬
38
¬
46
¬
55
¬
48
1:16,000
0
200
400
600
800
100
§
47
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
HIGHWAY 401
CROMARTY DR
DORCHESTER RD
THOMPSON DR
DONNYBROOK DR
EATON RD
DONNYBROOK DR
A-45
EP
EP
M2-h
M2
RM
HC
W
I
MHP-1
EP
W
W
W
A
A-15
A
A
A
MHP-2
I
EP
EP
EP
EP
EP
EP
I
I
EP
EP
EP
W
A
A
A
A
A
A
CR-h-3
GC1-6
AR
A
M2-22
RM-1
LOT 20
LOT 17
LOT 18
LOT 19
I
II
¬
40
¬
41
¬
47
¬
55
¬
49
1:16,000
0
200
400
600
800
100
§
48
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
ELGIN RD
HIGHWAY 401
CROMARTY DR
BRADY RD
MOSSLEY DR
EATON RD
DONNYBROOK DR
SLO-PITCH RD
ELGIN RD
A
W
W
W
W
W
W
EP
EP
EP
EP
EP
W
W
EP
A
EP
EP
A
A
EP
A
EP
EP
EP
I
EP
W-1
EP-1
EP
EP
EP
EP
EP
W
W
EP
A
EP
EP
EP
EP
EP
EP
EP
EP
AR
A-59
O
6
LOT 13
LOT 15
LOT 14
LOT 16
I
II
¬
42
¬
48
¬
56
¬
50
MOSSLEY
SEE MAP 49A
1:16,000
0
200
400
600
800
100
§
49
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
HIGHWAY 401
MOSSLEY DR
LEWIS RD
CROMARTY DR
PUTNAM RD
BREEN RD
IRWIN RD
HAMILTON RD
A
M3
EP
M3
EP
EP
EP
EP
T-A-5 10-4-2024
EP
EP
EP
CR-2
M2-12-h
A
EP
A
A
A
A
A
A
AGC-6
A
EP
M2-12-h
EP
EP
A
EP
M3
M3
A-45
A
LOT 7
LOT 8
LOT 6
LOT 4
LOT 5
I
II
¬
44
¬
50
¬
58
¬
52
C.P.R.
C.P.R.
1:16,000
0
190
380
570
760
95
§
51
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
HIGHWAY 401
BREEN RD
PUTNAM RD
CROMARTY DR
PIGRAM RD
FORBES RD
MOSSLEY DR
FIVE POINTS RD
PIGRAM RD
FIVE POINTS RD
A
EP
M1
A
W
MHP-3
HC
EP
A
A
EP
EP
W
EP
W
EP
W
EP
A
A
A
A
AGC-3
M2-h
M2
M2-25
M2
A
LOT 1
LOT 3
LOT 2
LOT A
LOT B
I
II
¬
45
¬
51
¬
59
TOWNSHIP OF SOUTH WEST OXFORD
1:16,000
0
200
400
600
800
100
§
52
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
SCOTLAND DR
WESTMINSTER DR
A
EP
A
A-34
A-20
OS
A
A
A
A
HC-12
A-29
A-45
A-45
I-6
A-45
A
LOT 2
LOT 1
LOT 3
LOT 4
IV
V
VI
46
54
60
CITY OF LONDON
0
160
320
480
640
80
53
1:17,000
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
CRAMPTON DR
THOMPSON DR
GLADSTONE DR
WESTCHESTER BRNE
A
A-21
EP
EP
EP
EP
HC-12
EP
I
A-16
A-30
A-29
EP
A
A
A
A
A
A-45
EP
I-6
LOT 24
LOT 22
LOT 21
LOT 23
III
IV
¬
47
¬
46
¬
53
¬
60
¬
55
1:16,000
0
190
380
570
760
95
§
54
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
CRAMPTON DR
DORCHESTER RD
GLADSTONE DR
THOMPSON DR
A
EP
W
A
A-22
EP
EP
I
W
W
EP
A
A
A
EP
LOT 18
LOT 19
LOT 20
LOT 17
III
IV
¬
48
¬
54
¬
61
¬
61
¬
56
GLADSTONE
SEE MAP 55A
1:16,000
0
200
400
600
800
100
§
55
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
LOT 18
IV
V
HR
HR-h
OS
HR
HR
HR
HR
HR
HR
GLADSTONE DR
DORCHESTER RD
¬
55
¬
55
¬
55
¬
61
¬
61
¬
61
1:5,000
0
60
120
180
240
30
§
55A
GLADSTONE
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
ELGIN RD
CRAMPTON DR
GLADSTONE DR
MOSSLEY DR
A
A-45
EP
W
M2-13
EP
W
W
I
W
W
W
I
I
EP
EP
HR
A
A
A
A
A
A
EP
EP
EP
EP
LOT 13
LOT 15
LOT 16
LOT 14
III
IV
¬
49
¬
55
¬
62
¬
57
MOSSLEY
SEE MAP 49A
C.P.R.
C.P.R.
1:16,000
0
200
400
600
800
100
§
56
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
ELGIN RD
LEWIS RD
MOSSLEY DR
CRAMPTON DR
LEWIS RD
GLADSTONE DR
R
EP
EP
EP
EP
EP
EP
EP
W
W
W
W
EP
EP
W
A-22
W
W
A
A
A
A
A
A
A
OS 5
EP
A-28
06
T-A
06-13-
EP
EP
A-64
A-45
A-45
A-45
T-A-15
06-24-2027
LOT 9
LOT 11
LOT 12
LOT 10
III
IV
MOSSLEY
SEE MAP 49A
¬
50
¬
56
¬
63
¬
58
C.P.R.
C.P.R.
0
150
300
450
600
75
§
57
1:16,000
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
LEWIS RD
PUTNAM RD
MOSSLEY DR
CRAMPTON DR
GLADSTONE DR
MARR RD
LACEY LANE
A
EP
EP-4
EP
EP
EP
I-4
A
A
A
T-A-8
06-13-2032
A
A
W
EP
EP
EP
A
EP
EP
T-A-8
06-13-2032
T-A-8
06-13-2032
T-A-8
06-13-2032
T-A-8
06-13-2032
T-A-8
06-13-2032
LOT 7
LOT 5
LOT 8
LOT 6
LOT 4
III
IV
¬
49
¬
57
¬
57
¬
64
¬
59
¬
59
CRAMPTON
SEE MAP 58A
C.P.R.
1:16,000
0
150
300
450
600
75
§
58
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
LOT 3
LOT 4
III
IV
HR
HR
HR-12
M1
OS
HR
HR
HR
HR
HR
HR
A
HR-10
A
A
A
PUTNAM RD
CRAMPTON DR
¬
58
¬
58
¬
58
¬
59
¬
59
¬
59
1:5,000
0
60
120
180
240
30
§
58A
CRAMPTON
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
PIGRAM RD
PUTNAM RD
CRAMPTON DR
GLADSTONE DR
MOSSLEY DR
FORBES RD
A
EP
EP
EP
EP
EP
EP
A-24
EP
EP
EP
I
HR
EP
I
EP
EP
W
A
A
A
A
A
A-42
A
EP
AGC-2
LOT 1
LOT 2
LOT 3
LOT B
LOT A
III
IV
CRAMPTON
SEE MAP 58A
¬
52
¬
58
¬
58
¬
65
TOWNSHIP OF SOUTH WEST OXFORD
1:16,000
0
200
400
600
800
100
§
59
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
GLADSTONE DR
HARRIETSVILLE DR
WESTCHESTER BRNE
SHAIN RD
AVON DR
A
EP
A
EP
A
A
A
A
A
A
LOT 22
LOT 21
LOT 24
LOT 23
V
VI
TOWNSHIP OF MALAHIDE
¬
54
¬
53
¬
61
C.P.R.
1:16,000
0
200
400
600
800
100
§
60
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
AVON DR
GLADSTONE DR
DORCHESTER RD
HARRIETSVILLE DR
SHAIN RD
A
EP
EP
A-25
EP
EP
T-M2-15
06-22-2023
A-27
EP
EP
A
A
A
A
A
A-54
A
HR
EP
LOT 19
LOT 17
LOT 20
LOT 18
V
VI
¬
55
¬
55
¬
60
¬
62
TOWNSHIP OF MALAHIDE
GLADSTONE
SEE MAP 55A
C.P.R.
C.P.R.
1:16,000
0
200
400
600
800
100
§
61
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
AVON DR
GLADSTONE DR
HARRIETSVILLE DR
ELGIN RD
ELGIN RD
A
A
A-26
EP
EP
EP
EP
EP
OS
A
A
A
A
A
A
A-45
A
A-45
A-45
A
EP
LOT 13
LOT 14
LOT 15
LOT 16
V
VI
HARRIETSVILLE
SEE MAP 62A
TOWNSHIP OF MALAHIDE
¬
56
¬
61
¬
63
¬
63
1:16,000
0
200
400
600
800
100
§
62
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
LOT 12
LOT 13
V
VI
HR
I
HR
GC1
HR
GC1
I
HR
HR
HR
GC1-10
ELGIN RD
HARRIETSVILLE DR
ELGIN RD
¬
62
¬
62
¬
62
¬
63
¬
63
¬
63
1:5,000
0
60
120
180
240
30
§
62A
HARRIETSVILLE
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
AVON DR
GLADSTONE DR
BOT RD
LEWIS RD
HARRIETSVILLE DR
ELGIN RD
ELGIN RD
A
A
EP
EP
OS-5
A-19
EP
EP
EP
EP
EP
A
A
A
A
A
A
EP
LOT 9
LOT 12
LOT 11
LOT 10
V
VI
TOWNSHIP OF MALAHIDE
HARRIETSVILLE
SEE MAP 62A
¬
57
¬
62
¬
62
¬
64
1:16,000
0
200
400
600
800
100
§
63
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
PUTNAM RD
GLADSTONE DR
DOAN DR
LEWIS RD
AVON DR
MARR RD
WHITTAKER LANE
HARRIETSVILLE DR
AVON DR
A
A
OS
W
EP
OS
OS-6
W
EP
OS-6
EP
A
A
A
A
OS
EP
EP
I
W
OS-6
OS
W
OS
W
A
A
EP
EP
EP
EP
A
EP
OS
LOT 7
LOT 6
LOT 4
LOT 8
LOT 5
V
VI
¬
58
¬
63
¬
63
¬
65
TOWNSHIP OF MALAHIDE
AVON
SEE MAP 64A
1:16,000
0
200
400
600
800
100
§
64
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
LOT 3
LOT 4
VI
A
A
HR
OS
HR
M2-16
HR
HR
OS
GC1
GC1
M1-2
HR
HR
HR-6
HR-6
PUTNAM RD
AVON DR
¬
64
¬
65
¬
65
¬
64
TOWNSHIP OF MALAHIDE
0
40
80
120
160
20
§
64A
1:5,000
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
DOAN DR
PUTNAM RD
PIGRAM RD
GLADSTONE DR
AVON DR
A
EP
EP
A-27
AGC
A
A
A
A
A
A
A-45
A-48
A-45
A
LOT 1
LOT 2
LOT 3
LOT A
LOT B
V
VI
¬
59
¬
64
TOWNSHIP OF MALAHIDE
TOWNSHIP OF SOUTH WEST OXFORD
AVON
SEE MAP 64A
1:16,000
0
200
400
600
800
100
§
65
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
LO
III
LOT 21
LOT 12
LOT 13
LOT
LOT 12
IV
2-1
2-5
2-4
2-6
2-2
2-3
LOT 7
LOT 16
LOT 17
LOT 11
CON IV
N.R.T.
LOT 8
LOT 18
LOT 19
LOT 9
LOT 20
LOT 10
LOT 15
CON A
S.R.T.
MARION ST
MILL RD
HARRIS RD
BYRON AVE
DORCHESTER RD
RICHMOND ST
CLARA ST
CHRISTIE DR
HAMILTON RD
HAMILTON RD
SHAW RD
C.N.R.
CATHERINE ST
RIVER
THAMES
1:24,000
0
280
560
840
1,120
140
§
INDEX 2
DORCHESTER
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
FD
EP
R1
R1
EP
GC1
I
R1-5
R1
OR
R3
R1
EP
I
EP
R1
R2
R3-1
FD-6
FD
OS
R2
R1
R2
R2
EP
EP
EP
R2
R2
R2
R2
R1
GC1
FD
FD-5
R1-20
FD-5
R2-5
OR
CATHERINE ST
CLARA ST
RICHMOND ST
IDA ST
EVA ST
MINNIE ST
CHARLES ST
BRIDGE ST
HILL ST
THAMES ST
MARION ST
THAMES RIVER
LOT 10
IV
¬
36
¬
2-1
¬
2-4
¬
2-5
¬
2-3
1:8,000
0
100
200
300
400
50
§
2-2
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
EP
A
FD
R1
R1-17-H
FD
R1
OS
FD
FD
FD
FD
OS
I
EP
EP
OS
EP-5
R1
R1
R1
EP
EP
EP
EP
EP
EP
EP
R1-14
R1
R1
R1-22
M1-11
MILL RD
HARRIS RD
HAMILTON RD
TINER AVE
WHEELER AVE
CHRISTIE DR
MILL CRT
TINER WALK
MILL RD
WHEELER
CRT
TINER AVE
(UNOPENED ROAD ALLOWANCE)
HARRIS RD
MILL RD
LOT 19
LOT 20
A
B
¬
2-1
¬
40
¬
41
¬
2-5
¬
2-2
1:8,100
0
100
200
300
400
50
§
2-4
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
EP
EP
R1
FD
R1-6
W
R1-3
R1-7
EP
R1-7
R1-12
R1-7
R3-6
R3-4
R3-3
R1
GC2
GC2-2
R2-3
W
R2
R1
R1
I
R1
R1
R1
R1
EP
EP
OS
R2-4
R1-6
OS
OS
R1
EP
EP
W
EP
EP
I-5
I-5
I
i
i
i
I-5
HAMILTON RD
OAKWOOD DR
BYRON AVE
RINESS DR
MITCHELL AVE
FOXHOLLOW DR
TURNBERRY DR
THAMES CRES
WOODVALE DR
CHITTICK CRES
ALMA ST
TERRENCE AVE
MANLEY DR
QUAIL RUN DR
MITCHELL CRT
VALLEYVIEW CRES
FOREST GROVE CRES
SCARLETT
OAKWOOD
MAPLERIDGE
MAPLEWOOD
PL
LACROIX AVE
MANLEY
PL
THAMES RIVER
LOT 15
LOT 16
A
B
¬
2-3
¬
2-5
¬
41
¬
42
¬
42
¬
37
¬
37
1:9,000
0
110
220
330
440
55
§
2-6
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
KING ST
NISSOURI RD
ELLIOTT TRAIL
HARRISON ST
AGNES ST
UPPER QUEEN ST
RAILWAY ST
MAIN ST
BROOKER TRAIL
MARIA ST
SLAMMER TRAIL
LIONS LANE
TEMPERANCE ST
LEESBORO TRAIL
NELSON ST
FAIRVIEW RD
THORNDALE RD
MONTEITH
HUESTON DR
PARK LANE
COUNTRYSIDE LANE
LANE
MEADO
W
BROOK
AVE
BROOK
ER
TRAIL
C.N.R.
C.N.R.
FAIRVIEW RD
WILLIAM CRT
S TRAIL
LEESBORO TRAIL
FOXBOROUGH PLACE
JENNIFERS TRAIL
NICOLES TRAIL
SHAWNS TRAIL
ASPEN CIRCLE
SHIRLEY ST
PATRICK ST
WILLIAM ST
ASPEN CIRCLE
FOXBOROUGH PLACE
SILVER MAPLE CIRCLE
BLUE SPRUCE AVENUE
SILVER MAPLE CIRCLE
PINE
PLACE
LINDEN AVENUE
PURPLE BEECH TRAIL
HARRISON ST
LOT 15
LOT 16
III
LOT 16
LOT 15
IV
3-1
3-2
1:16,000
0
190
380
570
760
95
§
INDEX 3
THORNDALE
SCHEDULE A
MAP NO.
MUNICIPALITY OF THAMES CENTRE
ZONING BY-LAW NO. 75-2006
SCALE:
metres
A
AR
R1
EP
R1-H
I
I
R1
OS
R1
M2-7
EP
EP
R1
R1-2
EP
R1
R1
AR
AR
EP
A
A
A
A
A
I
OS
R3-11-H
R1-28-H
R2-7-H
FAIRVIEW RD
THORNDALE RD
MONTEITH
HUESTON DR
PARK LANE
COUNTRYSIDE LANE
LANE
MEADO
W
BROOK
AVE
LOT 16
LOT 15
IV
¬
14
¬
3-1
¬
18
¬
19
¬
15
1:8,000
0
100
200
300
400
50
§
3-2
WHPA D
Wellhead Protection Area
Vulnerability Score
10
8
6 or less
WHPA A
WHPA B
WHPA C
The Minimum
Distance Separation
(MDS) Document
Formulae and Guidelines for
Livestock Facility and Anaerobic
Digester Odour Setbacks
Publication 853
ii
Editor
Arlene Robertson, Ontario Ministry of Agriculture,
Food and Rural Affairs (OMAFRA)
Authors
Drew Crinklaw, BA MSc., OMAFRA
John Turvey, BA MPl, MCIP, RPP, OMAFRA
Dan Ward, P. Eng., OMAFRA
Acknowledgements
The authors would like to thank the dedicated municipal land use planners
and building officials, land use planning consultants, agricultural organization
staff and OMAFRA planners and engineers who contributed invaluable
insights and experiences to the development of this publication.
Thanks to Jackie Van de Valk, Vicki Hilborn and Michael Bauer, OMAFRA,
for their considerable support and contribution to this project. Thank-you to
David Hough for his patience and attention to detail developing the
accompanying software.
Very special thank-you to Hugh Fraser, P. Eng., who provided significant
contributions to this publication, prior to his retirement from OMAFRA.
His knowledge, expertise and background context were invaluable.
Need technical or business information?
Contact the Agricultural Information Contact Centre at
1-877-424-1300 or [email protected]
A complete listing of all OMAFRA products and services are
available at ontario.ca/omafra
To obtain copies of this or any other OMAFRA publication, please order:
- Online at ontario.ca/publications
By phone through the ServiceOntario Contact Centre
Monday to Friday, 8:30 a.m. to 5:00 p.m.
- 416-326-5300
- 416-325-3408 (TTY)
- 1-800-668-9938 Toll-free across Canada
- 1-800-268-7095 TTY Toll-free across Ontario
Disclaimer
This publication is for informational purposes only. It is intended to serve as a
guide to the Provincial Policy Statement, 2014, and not as expert advice.
Published by the Ministry of Agriculture, Food and Rural Affairs
© Queen's Printer for Ontario, 2016
Toronto, Canada
ISBN 978-1-4606-8649-2 (Print)
iii
CONTENTS
1. OVERVIEW............................................................................................................ 1
2. INTRODUCTION AND BACKGROUND....................................................................... 3
2.1
Preface.......................................................................................................................... 3
2.2
History of MDS.............................................................................................................. 3
2.3
Policy Basis and Legislative Authority.............................................................................. 4
2.4
Effective Date................................................................................................................ 5
2.5
How to Use this MDS Document..................................................................................... 5
2.6
Roles and Responsibilities for Implementing MDS .......................................................... 7
2.7
Other Required Setbacks................................................................................................ 9
2.8
The MDS Software......................................................................................................... 9
2.9
Additional Information.................................................................................................... 9
3. DEFINITIONS....................................................................................................... 11
4. IMPLEMENTATION GUIDELINES............................................................................ 15
IG #1.
Referencing MDS in Municipal Planning Documents ...................................................... 15
IG #2.
For What, and When, is an MDS Setback Required?...................................................... 15
IG #3.
For What, and When, is an MDS Setback NOT Required?............................................... 16
IG #4.
MDS Setbacks for Manure Transfer Facilities..................................................................17
IG #5.
MDS Setbacks for Earthen Manure Storages...................................................................17
IG #6.
Required Investigation Distances for MDS......................................................................17
IG #7.
MDS I Setbacks for Building Permits on Existing Lots..................................................... 18
IG #8.
MDS I Setbacks for Lot Creation................................................................................... 19
IG #9.
MDS I Setbacks and Lot Creation for a Residence Surplus to a Farming Operation............ 20
IG #10.
MDS I Setbacks for Zoning By-Law Amendments and Official Plan Amendments.............. 21
IG #11.
MDS Setbacks for Reconstruction................................................................................. 21
IG #12.
Existing Uses that Do Not Conform to MDS................................................................... 22
IG #13.
Non-Application of MDS to Accessory Structures........................................................... 23
IG #14.
Uses Located on the Same Lot..................................................................................... 23
IG #15.
Same Ownership.......................................................................................................... 23
IG #16.
Obtaining Required Information to Calculate MDS Setbacks........................................... 24
IG #17.
Fewest Number of Nutrient Units Used when Calculating MDS........................................ 25
IG #18.
MDS II for Building Permit Applications to Renovate Existing Livestock Facilities................ 25
IG #19.
Cumulative Design Capacity of Livestock Facilities on a Lot.............................................. 26
IG #20.
MDS Setbacks for Unoccupied Livestock Barns.............................................................. 26
IG #21.
MDS Setbacks for Unused Manure Storages.................................................................. 27
IG #22.
MDS Setbacks for Anaerobic Digesters.......................................................................... 29
IG #23.
Calculating Building Base Distance ('F')......................................................................... 29
IG #24.
Determining Storage Base Distance ('S')....................................................................... 29
IG #25.
Factor A: Odour Potential Factor (Table 1)...................................................................... 30
IG #26.
Factor B: Nutrient Units Factor (Table 2)........................................................................ 30
IG #27.
Factor C: Expansion Factor (Table 3)............................................................................. 32
IG #28.
Factor D: Manure Type (Table 1).................................................................................... 33
IG #29.
Factor E: Encroaching Land Use Factor (Table 4)............................................................ 33
IG #30.
Determining Factor A When More Than One Type of Livestock are Housed and/or
More Than One Type of Manure are Stored, With Differing Values for Factor A................. 34
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
iv
IG #31.
Determining Factor D When BOTH Solid and Liquid Manure are Stored on a Lot............... 34
IG #32.
Rounding of MDS Calculations...................................................................................... 35
IG #33.
Type A Land Uses (Less Sensitive)................................................................................ 35
IG #34.
Type B Land Uses (More Sensitive)............................................................................... 35
IG #35.
MDS Setbacks for Agriculture-Related Uses and On-Farm Diversified Uses........................ 36
IG #36.
Non-Application of MDS Within Settlement Areas............................................................ 37
IG #37.
MDS Setbacks for Churches, Schools and Cemeteries Used Primarily by a
Community Reliant on Horse-Drawn Transportation........................................................ 38
IG #38.
MDS Setbacks for Cemeteries...................................................................................... 38
IG #39.
MDS II Setbacks for Rear Lot Lines, Side Lot Lines and Road Allowances........................ 38
IG #40.
Measurement of MDS Setbacks for Development and Dwellings...................................... 40
IG #41.
Measurement of MDS I Setbacks for the Creation of Lots............................................... 41
IG #42.
Non-Effect of Wind Direction, etc. on MDS Setbacks...................................................... 42
IG #43.
Reducing MDS Setbacks.............................................................................................. 42
5. FACTOR TABLES.................................................................................................. 43
Table 1.
Factor A (odour potential) and Factor D (manure type)..................................................... 43
Table 2.
Factor B (Nutrient Units factor)...................................................................................... 49
Table 3.
Factor C (expansion factor)........................................................................................... 51
Table 4.
Factor E (encroaching land use factor)........................................................................... 52
Table 5.
Manure Storage Types ................................................................................................. 53
Table 6.
MDS I and MDS II Setbacks for Manure Storage(s) ........................................................ 54
6. CALCULATION FORMS......................................................................................... 57
6.1
MDS I Calculation Form ............................................................................................... 57
6.2
MDS I Sample Data Collection Form.............................................................................. 67
6.3
MDS II Calculation Form............................................................................................... 75
7. FIGURES............................................................................................................. 85
Figure 1.
MDS I responsibility flow chart........................................................................................ 7
Figure 2.
MDS II responsibility flow chart....................................................................................... 8
Figure 3.
Implementation Guideline #9 -- MDS I setbacks and lot creation for a residence
surplus to a farming operation....................................................................................... 85
Figure 4.
Implementation Guideline #12 -- existing uses that do not conform to MDS................... 86
Figure 5.
Implementation Guideline #22 -- MDS I setbacks for anaerobic digesters....................... 87
Figure 6.
Implementation Guideline #22 -- MDS II setbacks for anaerobic digesters...................... 88
Figure 7.
Implementation Guideline #40 -- measurement of MDS I setbacks for
development and dwellings............................................................................................ 89
Figure 8.
Implementation Guideline #40 -- measurement of MDS II setbacks for
development and dwellings............................................................................................ 90
Figure 9.
Exterior of a tie stall dairy barn................................................................................... 104
Figure 10. Interior of a tie stall dairy barn.................................................................................... 104
Figure 11. Exterior of a free stall dairy barn................................................................................. 105
Figure 12. Interior of a free stall dairy barn.................................................................................. 105
Figure 13
Exterior of a one-story sow barn.................................................................................. 106
CONTENTS
v
Figure 14. Exterior of a finishing swine barn with liquid manure storage tanks under the barn........ 107
Figure 15. Interior of a finishing swine barn with liquid manure storage tanks under the barn......... 107
Figure 16. Exterior of a chicken broiler barn................................................................................. 108
Figure 17.
Interior of a chicken broiler barn.................................................................................. 108
Figure 18. Exterior of a chicken layer barn................................................................................... 109
Figure 19. Interior of a chicken layer barn.................................................................................... 109
Figure 20. Exterior of a horse barn...............................................................................................110
Figure 21. Interior of a horse barn................................................................................................110
Figure 22. Exterior of a sheep barn and yard............................................................................... 111
Figure 23. Interior of a sheep barn.............................................................................................. 111
Figure 24. Exterior of an open front beef barn with yard............................................................... 112
Figure 25. Interior of a beef barn................................................................................................. 113
Figure 26. Exterior of a turkey barn..............................................................................................114
Figure 27.
Interior of a turkey barn...............................................................................................114
Figure 28. Field shade shelter.....................................................................................................114
Figure 29. V1 -- Interior of a swine barn with bedded pack manure system.................................. 115
Figure 30. V1 -- Interior of a sheep barn with bedded pack manure system................................. 115
Figure 31. V2 -- Covered solid manure storage with slatted walls................................................. 116
Figure 32. V2 -- Second example of covered solid manure storage with slatted walls.....................116
Figure 33. V3 -- An outdoor, uncovered solid manure storage...................................................... 117
Figure 34. V4 -- An uncovered solid manure storage with covered liquid runoff storage................ 118
Figure 35. V5 -- Slatted floor of barn for liquid manure storage under the barn............................. 119
Figure 36. V6 -- Tight-fitting negative pressure tarp for liquid earthen manure storage................... 120
Figure 37.
V6 -- Raised base of liquid storage with tightly-sealed inflatable dome cover visible.......120
Figure 38.
L1 -- Uncovered liquid runoff storage ........................................................................ 121
Figure 39. L1 -- A solid, uncovered outdoor storage with uncovered liquid runoff storage.............. 121
Figure 40. L2 -- Round liquid manure storage with floating permanent cover comprised of
plastic hexagon discs ................................................................................................ 122
Figure 41. M1 -- In-ground, uncovered, vertical wall liquid manure storage................................... 123
Figure 42. M1 -- An above-grade, uncovered, vertical wall liquid manure storage and
clean-out access ramp............................................................................................... 123
Figure 43. M2 -- Front view of a roofed liquid storage facility........................................................124
Figure 44. H1 -- An earthen manure storage; note the sloped sides and no cover........................ 125
8. ADDITIONAL INFORMATION ................................................................................. 91
8.1
Incorporating this MDS Document into Local Land Use Planning Documents....................91
8.2
Reducing MDS Setbacks.............................................................................................. 99
8.3
Livestock Barn Identification....................................................................................... 104
8.4
Manure Storage Identification..................................................................................... 115
8.5
Structural Capability of Housing Livestock or Storing Manure........................................ 127
8.6
Design Capacity of Livestock Facilities.......................................................................... 130
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
vi
1
1. OVERVIEW
The Minimum Distance Separation (MDS) Document represents the Minimum Distance Separation Formulae
as defined in the Provincial Policy Statement, 2014 (PPS). It replaces all earlier versions of the MDS Formulae
and Implementation Guidelines. The MDS Document is a land use planning tool developed by the Ontario
Ministry of Agriculture, Food and Rural Affairs (OMAFRA). The intent of this document is to prevent land use
conflicts and minimize nuisance complaints from odour.
The MDS Document is designed to be read in conjunction with the Planning Act, 1990, the Building Code Act,
1992, the Nutrient Management Act, 2002, the policies of the PPS and other applicable laws and provincial
plans. In addition, it is intended for individuals who have a basic understanding of livestock agriculture or a
related discipline. It is not the purpose of this document to provide a basic education in livestock agriculture,
or to provide the technical expertise for undertaking all the analyses required to satisfy all of the policies
contained in the PPS. This MDS Document is aimed for use primarily by municipalities, planning boards and
other similar planning authorities; as well as farmers, landowners, developers, land use planners, agrologists,
nutrient management consultants, commissions, farm organizations, non-governmental organizations and the
general public to ensure consistency with PPS policies related to the MDS Formulae. The intended audience of
this MDS Document includes individuals involved in:
- the planning, design, layout, construction and operation of livestock facilities and anaerobic digesters;
- the development and review of land use planning documents;
- the review and approval of development applications, including but not limited to official plan
amendments, zoning by-law amendments, consents to sever, minor variances, development permits and
site plan agreements; and,
- matters before provincial boards and tribunals such as the Ontario Municipal Board and the Normal
Farm Practices Protection Board.
The MDS Document provides technical guidance for implementing both the MDS Formulae and Implementation
Guidelines as required in the PPS and other applicable provincial plans. This document is intended to support
and clarify, but not add to or detract from the policies of the PPS or other applicable provincial plans.
In accordance with the PPS, new land uses in prime agricultural areas and on rural lands shall comply with
the Minimum Distance Separation Formulae. Consequently, both the formulae and Implementation Guidelines
contained in this MDS Document shall be referenced in municipal official plans, and detailed provisions
included in municipal comprehensive zoning by-laws such that, as a minimum, MDS setbacks are required in
all designations and zones where livestock facilities and anaerobic digesters are permitted.
Sections 1, 2, 6, 7 and 8 of this document are provided for information and background purposes. They are
intended to provide broader context for the MDS Formulae and Implementation Guidelines, and to assist users
with implementation, as well as provide information on related land use topics. Sections 1, 2, 6, 7 and 8 are
not intended to be incorporated into municipal land use planning documents.
However, the remainder of this MDS Document (Sections 3, 4 and 5) comprise the Minimum Distance
Separation Formulae as referenced in the PPS and provincial plans, and as such shall form the basis for MDS
provisions that are incorporated into local land use planning documents. There are multiple approaches to
incorporating this MDS Document into local land use planning documents that may achieve consistency with
the PPS and provincial plans. More information on these approaches is found in Section 8. Regardless of the
approach selected, it is recommended that a municipality seek its own legal advice regarding amending its
planning documents to accommodate MDS provisions.
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
2
3
2. INTRODUCTION AND BACKGROUND
2.1 Preface
Livestock agriculture in Ontario is an important economic driver that contributes many jobs and billions of
dollars each year to the provincial economy. But agriculture continues to evolve and change. Farms are
increasing in size and complexity, and fewer people living in rural areas are farmers. Permitting development
which is incompatible with livestock facilities and anaerobic digesters can have a detrimental impact on
the ability of surrounding agricultural operations to expand. New development in the rural area introduces
potential new sources for nuisance complaints regarding odour from livestock facilities and anaerobic digesters.
Increasingly, farm operators are finding it difficult to expand or establish new livestock operations, especially
in parts of the province where historically there has been more fragmentation of the agricultural land base
through lot creation. Livestock operations generally prefer to locate on suitable agricultural land and away from
potential land use conflicts with surrounding land uses. In recognition of the need to protect agricultural
land for agricultural uses, the province has a long history of land use policies protecting agricultural land and
farm operations.
2.2 History of MDS
Provincial direction for separation siting of Ontario livestock facilities originated in 1970, with the introduction
of the publication entitled, A Suggested Code of Practice. Ontario was experiencing what at the time seemed
like a proliferation of new, large livestock facilities. 'Large' at that time was 600 feeder hogs, 60 dairy cows
or 15,000 chicken broilers. Today, large livestock facilities are commonly triple the size of those of the past,
accommodating 2,000 feeder hogs, 250 dairy cows, or 50,000 chicken broilers at one time. To address
nuisance effects associated with odour, A Suggested Code of Practice recommended fixed setbacks between
livestock facilities and surrounding dwellings, residential zones, lot lines and roads. A Suggested Code of
Practice rationalized that the effect of objectionable odours in a neighbourhood could be reduced if these
uses were located as far as practically possible from surrounding dwellings. A Suggested Code of Practice also
encouraged farmers to apply for a Certificate of Approval from the government, which outlined the minimum
amount of land required, based on the number of animal units on the farm, to avoid the risk to groundwater
pollution by nitrogen compounds. This matching of land base to animal units was the first rudimentary
reference to a nutrient management plan, which a generation later helped form the basis for the Nutrient
Management Act, 2002. Revisions were made in a subsequent edition of A Suggested Code of Practice in
1973. While it contained a framework for the establishment and expansion of livestock enterprises, it provided
little protection from encroachment by other land uses.
In 1976, the Agricultural Code of Practice was published which incorporated a number of changes and provided
a two-way approach to separating livestock facilities from non-compatible uses and vice-versa. It introduced the
concept of a sliding scale for separation distances, since fixed distances were too restrictive, or too lenient,
depending on the size and type of farm. As part of the Agricultural Code of Practice, the Minimum Distance
Separation I (MDS I) formula was established to determine setbacks between proposed new development and
existing livestock facilities. The Minimum Distance Separation II (MDS II) formula was established under the
Agricultural Code of Practice to determine setbacks between proposed new, enlarged or renovated livestock
facilities and other existing or approved development.
Both the MDS I and MDS II Formulae were updated slightly in 1995 in two publications entitled, Minimum
Distance Separation I (MDS I) and Minimum Distance Separation II (MDS II), but the basic principles of the
formulae from the Agricultural Code of Practice remained the same.
In 2006, both MDS I and MDS II formulae and guidelines were combined into one document, known as
OMAFRA Publication 707, Minimum Distance Separation (MDS) Formulae: Implementation Guidelines. Both
formulae were revised to use Nutrient Units, as defined in the Nutrient Management Act, 2002, for quantifying
the size of the operation, rather than the former Animal Units and Livestock Units used in earlier versions of
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the formulae. During the 2006 update, the methodology for calculating MDS I setbacks was also revised, so
that calculated MDS I setback distances were more aligned with those generated by the MDS II formula for
first and altered livestock facilities.
This MDS Document replaces all earlier versions of the MDS Formulae and Implementation Guidelines. Future
reviews of this publication will be undertaken by OMAFRA in concert with other provincial regulatory, land use
policy or plan reviews (e.g., PPS review), or earlier if OMAFRA deems necessary. The goal is to ensure the
MDS Document reflects current land use planning practices and technological innovation within the livestock
industry, and continues to meet the needs of agriculture and rural communities.
2.3 Policy Basis and Legislative Authority
The PPS is issued under the Planning Act, 1990, and provides policy direction on land use planning matters of
provincial interest. Policy 2.3.1 of the statement reads:
"Prime agricultural areas shall be protected for long-term use for agriculture.
Prime agricultural areas are areas where prime agricultural lands predominate. Specialty crop areas shall
be given the highest priority for protection, followed by Canada Land Inventory Class 1, 2 and 3 lands, and
any associated Class 4 through 7 lands within the prime agricultural area, in this order of priority."
The PPS sets out policies for prime agricultural areas which are intended to protect these areas for long-term
use for agriculture. The PPS also supports a diversified rural economy, and promotes protection of agricultural
and other resource-related uses on rural lands. MDS applies in rural areas for both rural lands and prime
agricultural areas, as directed in PPS policies 1.1.5.9 and 2.3.3.3.
"New land uses, including the creation of lots, and new or expanding livestock facilities shall comply with
the minimum distance separation formulae."
PPS policy 1.1.3.8 (d) states that a planning authority may only identify a settlement area or allow the
expansion of a settlement area boundary where it has been demonstrated that:
"The new or expanding settlement area is in compliance with the Minimum Distance Separation Formulae."
2. INTRODUCTION AND BACKGROUND
5
Likewise, PPS policy 2.3.6.1 (b) states that planning authorities may only permit limited non-residential uses in
prime agricultural areas provided that, among other things:
"2. The proposed use complies with the Minimum Distance Separation Formulae."
The Planning Act, 1990, requires that decisions on land use planning matters shall be consistent with the PPS.
This MDS Document represents the Minimum Distance Separation Formulae as defined in the PPS. Land use
planning matters required to be consistent with the PPS include municipal official plans and zoning by-laws.
Official plans and zoning by-laws must be updated to comply with the MDS requirements.
Updating zoning by-laws to require compliance with MDS is also important in relation to the issuance of
building permits under the Building Code Act, 1992, for the construction of buildings, including new buildings,
additions, alterations or change of use, etc. A chief building official must issue a building permit unless there
is a contravention of the Building Code Act, 1992, building code or 'applicable law'. Municipal zoning by-laws
are included in the list of 'applicable law' set out in the building code regulation (O. Reg. 322/12). When MDS
provisions are incorporated in a municipal zoning by-law, they become one of the requirements that a chief
building official must consider when determining whether to issue a building permit.
While MDS setbacks are an important and effective tool for dealing with nuisance issues related to odour, they
will not eliminate all potential odour complaints, nor will they address other nuisance issues such as noise,
dust, light, smoke, vibration or flies as listed under the Farming and Food Production Protection Act, 1998.
The proper application of MDS may incidentally reduce potential conflicts associated with these nuisances.
This document is only intended to deal with odour generated from livestock facilities and anaerobic digesters,
and is not intended to address nuisance issues related to odour from the land application of manure or
digestate. In addition to applying the appropriate MDS setbacks, municipalities are encouraged to develop
provisions in their official plans and zoning by-laws to address PPS policies 2.3.6.2 and 1.1.3.8 (e) and provide
for mitigation of impacts from new or expanding settlement areas and non-agricultural uses on surrounding
agricultural operations.
The separation distances calculated by the MDS Formulae will vary according to a number of variables
including type of livestock, number of Nutrient Units, the degree of expansion proposed, type of manure system
and the form of development present or proposed. History shows that, where there has been sufficient
separation distance between differing rural uses, there have been few odour complaints.
2.4 Effective Date
This MDS Document applies to all Planning Act, 1990, applications submitted on or after March 1, 2017.
References in the PPS to Minimum Distance Separation Formulae should be taken as reference to this MDS
Document for all Planning Act, 1990, applications submitted on or after March 1, 2017. For building permit
applications, the effective provision in the zoning by-law applies. Municipalities should update their planning
documents to reflect this updated MDS Document.
2.5 How to Use this MDS Document
This MDS Document is more than a set of individual Implementation Guidelines. The document is intended to
be read in its entirety and all the relevant Implementation Guidelines are to be applied to each situation as if
they are specifically cross-referenced with each other. While specific Implementation Guidelines sometimes
refer to other Implementation Guidelines for ease of use, these cross-references do not take away from the
need to read this MDS Document as a whole.
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This MDS Document uses the same approach for defined terms and meanings as is used in the PPS. Except
for references to legislation and other document titles which are italicized, italicized terms in this MDS
Document are defined in Section 3 -- Definitions. For non-italicized terms, the normal meaning of the word
applies. Terms may be italicized only in specific provisions; for these terms, the defined meaning applies
where they are italicized and the normal meaning applies where they are not italicized. Defined terms in
Section 3 are intended to capture both singular and plural forms of these terms in this MDS Document.
References within this document to 'municipalities' should be taken to include planning boards or other
approval authorities, where appropriate. In order to correctly apply MDS setbacks, municipalities should keep
their official plans and zoning by-laws up-to-date with this MDS Document.
This MDS Document represents the provincial standard with respect to the calculation of MDS setbacks.
The only circumstances where municipalities may alter the application of MDS is where options are explicitly
stated in specific Implementation Guidelines. In order to exercise these options, the relevant municipal
planning documents (e.g., official plan or zoning by-law) must provide clear direction outlining the preferred
local approach. In the absence of explicit policies in the appropriate municipal planning documents addressing
these specific options, the default approaches identified in this MDS Document apply. The default approaches
are outlined in Section 8 of this MDS Document. The following are specific Implementation Guidelines where
MDS options are available to municipalities:
- Implementation Guideline #7 -- MDS I setbacks for building permits on existing lots
- Implementation Guideline #9 -- MDS I setbacks and lot creation for a residence surplus to a farming
operation
- Implementation Guideline #35 -- MDS I setbacks for agriculture-related uses and on-farm diversified uses
- Implementation Guideline #35 -- MDS II setbacks for agriculture-related uses and on-farm diversified uses
- Implementation Guideline #38 -- MDS II setbacks for cemeteries
These five options, found in four separate Implementation Guidelines, combined with the potential reduction
of MDS setbacks for limited site-specific circumstances in accordance with Implementation Guideline #43, are
the only areas where municipalities may exercise flexibility with respect to MDS implementation approaches.
Municipal setbacks for livestock facilities and anaerobic digesters (i.e., MDS II) shall not exceed those
calculated by the MDS II formula, in accordance with provincial standards. For instance, municipal planning
documents that require fixed setbacks for livestock facilities or anaerobic digesters which are greater than those
established by this MDS Document may be viewed as inconsistent with PPS policy 2.3.3.2, which states:
"In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm
practices shall be promoted and protected in accordance with provincial standards."
Municipalities who may be considering MDS setbacks for development (i.e., MDS I) which exceed those
established by this MDS Document shall ensure they are consistent with PPS policy 4.9, which states:
"The policies of this Provincial Policy Statement represent minimum standards. This Provincial Policy
Statement does not prevent planning authorities and decision-makers from going beyond the minimum
standards established in specific policies, unless doing so would conflict with any policy of this Provincial
Policy Statement."
2. INTRODUCTION AND BACKGROUND
7
Municipalities shall adopt MDS setback policies and provisions in their official plans and zoning by-laws
respectively, so that the MDS setbacks are met through the appropriate implementation of this MDS
Document.
2.6 Roles and Responsibilities for Implementing MDS
Municipalities are responsible for implementing MDS. While there are multiple tasks associated with ensuring
the correct MDS setbacks are met, depending on the structure of the municipality, the person who is
responsible for carrying-out those tasks may vary.
Figures 1 and 2 are designed to help understand who is responsible for each task in determining and applying
MDS I or MDS II setbacks.
*The municipality, or other planning authority, is ultimately responsible for making every effort to reasonably
ensure the factors used in the MDS I calculation are correct. OMAFRA Rural Planners are available to provide
technical guidance interpreting Implementation Guidelines to all parties throughout the process.
Figure 1. MDS I responsibility flow chart.
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*The municipality, or other approval authority, is ultimately responsible for making every effort to reasonably
ensure the factors used in the MDS II calculation are correct. OMAFRA Environmental Specialists and
Engineers are available to provide technical guidance interpreting Implementation Guidelines to all parties
throughout the process.
Figure 2. MDS II responsibility flow chart.
Although OMAFRA staff is available to assist municipalities with specific technical MDS questions, it is
ultimately the municipality who is responsible for ensuring MDS is properly calculated and for making the final
decision on related planning or building permit applications. Municipalities may assume the liability associated
with making these decisions. Therefore, it is recommended that municipalities make every effort to determine
if the information used to carry-out an MDS calculation is reasonably accurate and reflects the existing
conditions or proposed construction.
As a best practice, municipal staffs are strongly encouraged to specify when a building permit is for a livestock
facility or anaerobic digester. The permit can include details regarding the type and number of livestock to be
housed in the facility to be constructed or altered. This approach is more effective than issuing a permit for a
generic agricultural building, which may or may not include the housing of livestock, and it could assist with the
evaluation of potential building changes in the future.
2. INTRODUCTION AND BACKGROUND
9
2.7 Other Required Setbacks
There may be instances where additional setbacks for livestock facilities and anaerobic digesters are required
under other legislation. For example, setbacks may be required for anaerobic digesters by O. Reg. 267/03
under the Nutrient Management Act, 2002. In instances where other setbacks are required by law, the greater
setback would normally apply, except where the relevant statute or regulation provides otherwise.
2.8 The MDS Software
To assist in the calculation of MDS setbacks, OMAFRA has developed a new software program -- Ontario
Agricultural Planning Tools Suite ("AgriSuite") for use with this MDS Document.
As of March 1, 2017, the 2006 MDS software (Version 1.0.2), or earlier versions, distributed by OMAFRA
are no longer considered the current version for purposes of calculating MDS setbacks. Instead, a new
version is available through OMAFRA's website (ontario.ca/omafra) and can be used as a web application or
downloaded and installed. Any subsequent software updates will automatically be available when the user
has online connectivity. It is the sole responsibility of the person using this MDS Document and the AgriSuite
software to verify the accuracy and correctness of the data and information used. OMAFRA is not responsible
for errors due to inaccurate or incorrect data or information, mistakes in calculation, errors arising out of
modification of the software or errors arising out of incorrect inputting of data. Verify all data and calculations
before acting on them.
2.9 Additional Information
When a neighbour is bothered by what they perceive as abnormal odours, noise, dust, light, vibration, smoke
or flies, they should first try resolving the matter by speaking with the farmer believed to be creating the
nuisance. If further mediation is still necessary, neighbours or farmers can contact OMAFRA's Agricultural
Information Contact Centre at 1-877-424-1300 or by email at [email protected] . The Contact Centre
will arrange for the appropriate OMAFRA staff person to contact the parties and facilitate a conflict resolution
process. For those issues that cannot be resolved through mediation, the Normal Farm Practices Protection
Board, established under the Farming and Food Production Protection Act, 1998, provides a forum for
complaint resolution.
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3. DEFINITIONS
Except for references to legislation and other document titles which are traditionally in italics, italicized terms
in this MDS Document are defined below. For other terms, the normal meaning of the word applies. Terms may
be italicized only in specific Implementation Guidelines; for these terms, the defined meaning applies where
they are italicized and the normal meaning applies where they are not italicized. The following defined terms
are intended to capture both singular and plural forms of these terms throughout this MDS Document.
Agricultural uses: The growing of crops, including nursery, biomass and horticultural crops; raising of livestock;
raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries;
agro-forestry; maple syrup production; 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.
Agri-tourism uses: Those farm-related tourism uses, including limited accommodation such as a bed and
breakfast, that promote the enjoyment, education or activities related to the farm operation.
Agriculture-related uses: 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.
Altered livestock facility: Any building activity occurring on, or in, an existing livestock facility that requires a
building permit issued under the Building Code Act, 1992, and results in a change in design capacity. This also
includes the alteration of earthen manure storages.
Anaerobic digester: A permanent structure designed for the decomposition of organic matter by bacteria in an
oxygen-limiting environment. For the purposes of this MDS Document, anaerobic digesters include, but are not
limited to, associated components, which may produce nuisance odours such as: digestion vessels, storages
for anaerobic digestion materials, storages for anaerobic digestion output (digestate), loading and unloading
areas, gas flares and solid/liquid material separators. Anaerobic digesters also include the anaerobic digester
vessels and components that do not currently operate, but have operated in the past and continue to be
structurally sound and reasonably capable of operating.
Anaerobic digestion materials: Solid or liquid organic input materials that are intended for treatment in
an anaerobic digester, whether the materials are generated at the agricultural operation or received at the
agricultural operation from an outside source.
Anaerobic digestion output (digestate): Any solid or liquid materials that result from the treatment of
anaerobic digestion materials in an anaerobic digester.
Design capacity: The maximum number of livestock that can be reasonably housed in ALL of the livestock
barns on a lot, and/or the maximum volume of manure that can reasonably be stored in ALL of the manure
storages on a lot. For livestock barns, this is measured in number of livestock, area of livestock housing or
Nutrient Units. For manure storages, this is measured in volume or Nutrient Units. For the purposes of this
MDS Document, this term does not apply to anaerobic digesters.
Development: The creation of a new lot, or a change in land use to permit a non-agricultural use or residential
use which required or requires approval under the Planning Act, 1990. However, this does not include the
construction of a dwelling accessory to an agricultural use.
Dwelling: Any permanent building that is used, or intended to be used, continuously or seasonally, as a
domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities.
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Existing livestock facility: A livestock facility, or a portion of a livestock facility, which has already been
constructed, or for which a building permit has been issued under the Building Code Act, 1992.
First livestock facility: Any building activity to construct a new livestock facility on a lot that requires a building
permit issued under the Building Code Act, 1992, where there is currently no existing livestock facility on that
lot. This also includes the construction of earthen manure storages.
Infrastructure: Physical structures (facilities and corridors) that form the foundation for development.
Infrastructure includes: sewage and water systems, septage treatment systems, stormwater management
systems, waste management systems, electricity generation facilities, electricity transmission and distribution
systems, communications/telecommunications, transit and transportation corridors and facilities, and oil and
gas pipelines and associated facilities.
Livestock: Includes beef cattle, birds, dairy cattle, deer and elk, fur-bearing animals, game animals, goats,
horses, poultry, ratites, sheep, swine and other animals as identified in Table 1.
Livestock barns: One or more permanent buildings located on a lot which are intended for housing livestock,
and are structurally sound and reasonably capable of housing livestock.
Livestock facilities: All livestock barns and manure storages on a lot, as well as all unoccupied livestock barns
and unused manure storages on a lot.
Livestock occupied portion: Areas of a livestock barn where livestock spend the majority of their time, allowing
substantial amounts of manure to accumulate. This DOES NOT include areas such as: alleys, equipment
storages, feed bins, feed storage/preparation areas, field shade shelters, assembly areas, loading chutes,
machinery sheds, milking centres, milking parlour holding areas, offices, pastures, riding arenas, silos, tack
rooms, utility rooms and washrooms.
Lot: A parcel or tract of land, within a registered plan of subdivision or described in a deed or other legal
document, that is capable of being legally conveyed.
Manure storage: A permanent storage which is structurally sound and reasonably capable of storing manure
and which typically contains liquid manure (<18% dry matter) or solid manure (≥18% dry matter), and may exist
in a variety of:
- locations (under, within, nearby, or remote from barn);
- materials (concrete, earthen, steel, wood);
- coverings (open top, roof, tarp, or other materials);
- configurations (rectangle, circular); and,
- elevations (above, below or partially above-grade).
Minimum Distance Separation Formulae: Formulae and guidelines developed by the province, as amended
from time to time, to separate uses so as to reduce incompatibility concerns about odour from livestock
facilities.
Non-agricultural uses: Buildings designed or intended for a purpose other than an agricultural use; as well
as land, vacant or otherwise not yet fully developed, which is zoned or designated such that the principal or
long-term use is not intended to be an agricultural use, including, but not limited to: commercial, future urban
development, industrial, institutional, open space uses, recreational uses, settlement area, urban reserve, etc.
However, this does not include agriculture-related uses, on-farm diversified uses and residential uses.
3. DEFINITIONS
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Normal farm practices: A practice, as defined in the Farming and Food Production Protection Act, 1998, that
is conducted in a manner consistent with proper and acceptable customs and standards as established and
followed by similar agricultural operations under similar circumstances; or makes use of innovative technology
in a manner consistent with proper advanced farm management practices. Normal farm practices shall be
consistent with the Nutrient Management Act, 2002, and regulations made under that Act.
Nutrient Unit: The amount of nutrients that give a fertilizer replacement value of the lower of 43 kg of nitrogen or
55 kg of phosphate as nutrient (as defined in O. Reg. 267/03 made under the Nutrient Management Act, 2002).
On-farm diversified uses: 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.
Open space uses: Environmental areas and parks that have limited public visitation and usually do not require
buildings or alter the natural topography, such as conservation areas and parks typically without buildings and
infrastructure.
Prime agricultural area: Areas where prime agricultural lands predominate. This includes areas of prime
agricultural lands and associated Canada Land Inventory Class 4 through 7 lands, and additional areas where
there is a local concentration of farms which exhibit characteristics of ongoing agriculture. Prime agricultural
areas may be identified by the Ontario Ministry of Agriculture, Food and Rural Affairs using guidelines
developed by the Province as amended from time to time. A prime agricultural area may also be identified
through an alternative agricultural land evaluation system approved by the Province.
Prime agricultural land: Specialty crop areas and/or Canada Land Inventory Class 1, 2, and 3 lands, as
amended from time to time, in this order of priority for protection.
Recreational uses: Uses that generate frequent or regular public visitation and usually require buildings or
infrastructure, such as campgrounds, golf courses, sports fields and trailer parks.
Residence surplus to a farming operation: An existing habitable farm residence that is rendered surplus as a
result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation).
Residential uses: Land, vacant or otherwise not yet fully developed, for which the zoning or designation
permits dwellings for human habitation as the principal use, including, but not limited to: estate residential,
low-density residential, rural residential, etc. However, this does not include dwellings accessory to an
agricultural use.
Rural areas: A system of lands within municipalities that may include rural settlement areas, rural lands, prime
agricultural areas, natural heritage features and areas, and resource areas.
Rural lands: Lands which are located outside settlement areas and which are outside prime agricultural areas.
Settlement areas: Urban areas and rural settlement areas within municipalities (such as cities, towns, villages
and hamlets) that are:
a) built-up areas where development is concentrated and which have a mix of land uses; and
b) lands which have been designated in an official plan for development over the long-term planning horizon.
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Specialty crop area: Areas designated using guidelines developed by the Province, as amended from time to
time. In these areas, specialty crops are predominantly grown such as tender fruits (i.e., peaches, cherries,
plums), grapes, other fruit crops, vegetable crops, greenhouse crops and crops from agriculturally-developed
organic soil, usually resulting from:
a) soils that have suitability to produce specialty crops, or lands that are subject to special climatic
conditions, or a combination of both;
b) farmers skilled in the production of specialty crops; and
c) a long-term investment of capital in areas such as crops, drainage, infrastructure and related facilities
and services to produce, store or process specialty crops.
Unoccupied livestock barn: A livestock barn that does not currently house any livestock, but that housed
livestock in the past and continues to be structurally sound and reasonably capable of housing livestock.
Unused manure storage: A manure storage that does not currently store any manure, but that stored manure
in the past and continues to be structurally sound and reasonably capable of storing manure.
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4. IMPLEMENTATION GUIDELINES
The following outlines the specific Implementation Guidelines which shall be executed during the application of
the Minimum Distance Separation (MDS) Formulae to calculate setbacks.
MDS I
MDS II
#1. Referencing MDS in Municipal Planning Documents
In accordance with the Provincial Policy Statement, 2014, this MDS Document shall apply in prime
agricultural areas and on rural lands. Consequently, the appropriate parts of this MDS Document shall
be referenced in municipal official plans, and detailed provisions included in municipal comprehensive
zoning by-laws such that, at the very least, MDS setbacks are required in all designations and zones
where livestock facilities and anaerobic digesters are permitted.
Sections 1, 2, 6, 7 and 8 of this document are primarily provided for information purposes, and are not
required for inclusion in municipal planning documents; however, Sections 3, 4 and 5 comprise the
Minimum Distance Separation Formulae as referenced in the PPS, and as such shall form the basis for
MDS provisions enshrined in local land use planning documents. To exercise the various options available
to municipalities under Implementation Guidelines #7, #9, #35 and #38, appropriate references must be
included in the appropriate implementing land use planning document (official plan and/or comprehensive
zoning by-law depending on the trigger for MDS); otherwise, the default approaches outlined in
Implementation Guidelines #7, #9, #35 and #38 shall apply as written in this MDS Document.
#2. For What, and When, is an MDS Setback Required?
The MDS I setback distances shall be met
prior to the approval of: proposed lot creation
in accordance with Implementation Guidelines
#8 and #9; rezonings or re-designations in
accordance with Implementation Guideline
#10; building permits on a lot which exists
prior to March 1, 2017 in accordance with
Implementation Guideline #7; and as directed by
municipalities for local approvals for agriculture-
related uses or on-farm diversified uses in
accordance with Implementation Guideline #35.
The information used to carry out an MDS I
calculation must reflect the circumstances at the
time that the municipality deems the planning or
building permit application to be complete.
The MDS II setback distances shall be met prior
to the approval of the building permit application
for a first or altered livestock facility occupying
an area greater than 10 m2 or any anaerobic
digester.
The information used to carry out an MDS II
calculation must reflect the circumstances at
the time that the municipality deems the building
permit application to be complete.
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MDS I
MDS II
#3. For What, and When, is an MDS Setback NOT Required?
Certain proposed uses are not reasonably
expected to be impacted by existing livestock
facilities or anaerobic digesters and as a result,
do NOT require an MDS I setback. Such uses
may include, but are not limited to:
- extraction of minerals, petroleum resources
and mineral aggregate resources;
- infrastructure; and
- landfills.
However, if one of the uses exempted from
MDS I by this Implementation Guideline is later
proposed to be rehabilitated or redeveloped to
a use that is not an agricultural use, then MDS I
setbacks shall be met prior to the approval of any
required planning or building permit application.
In addition, MDS I setbacks are NOT required from:
- livestock barns occupying an area less
than 10 m2;
- certain unoccupied livestock barns in
accordance with Implementation Guideline #20;
- certain unused manure storages in accordance
with Implementation Guideline #21;
- apiaries;
- aquaculture facilities;
- deadstock handling facilities;
- fairground buildings;
- feed storages;
- field shade shelters;
- greenhouses;
- kennels;
- machinery sheds;
- meat plants (including abattoirs and
slaughterhouses);
- mushroom facilities;
- pastures;
- poultry hatcheries;
- stockyards;
- temporary field nutrient storage sites
(as defined under the Nutrient Management
Act, 2002);
- veterinary clinics with housing for livestock; and
- zoos.
Certain things that may or may not be associated
with agriculture do NOT require MDS II setbacks.
Such things may include, but are not limited to:
- apiaries;
- aquaculture facilities;
- deadstock handling facilities;
- fairground buildings;
- feed storages;
- field shade shelters;
- greenhouses;
- kennels;
- machinery sheds;
- meat plants (including abattoirs and
slaughterhouses);
- mushroom facilities;
- pastures;
- poultry hatcheries;
- stockyards;
- temporary field nutrient storage sites
(as defined under the Nutrient Management
Act, 2002);
- veterinary clinics with housing for livestock; and
- zoos.
In addition, MDS II setbacks are NOT required
from:
- extraction of minerals, petroleum resources
and mineral aggregate resources;
- infrastructure; and
- landfills.
4. IMPLEMENTATION GUIDELINES
17
MDS I
MDS II
#4. MDS Setbacks for Manure Transfer Facilities
Some livestock facilities and anaerobic digesters require transfer facilities that store manure for less
than 14 days before transfer to a longer-term permanent storage, or transfer to field spreading areas, or
transfer off the farm.
Transfer facilities include, but are not limited to: areas for settling sand out of liquid manure, small
sumps for collection or mixing of liquid manure from several areas of a livestock barn, or outside
concrete pads where solid manure is temporarily stored awaiting pickup by a custom manure broker.
Manure transfer facilities are not considered permanent manure storages and instead will receive the
same MDS setbacks as the livestock barn. In other words, the MDS setback for a transfer facility is the
same as Building Base Distance 'F', and shall not generate its own separate Storage Base Distance 'S'.
#5. MDS Setbacks for Earthen Manure Storages
MDS setbacks are applied to first or altered livestock facilities (MDS II) and, reciprocally, from existing
livestock facilities (MDS I), which in both cases includes earthen manure storages, despite these
storages not being considered 'buildings' and, consequently, not requiring building permits at the time of
construction. Simply because earthen manure storages do not require building permits does not exclude
them from MDS setbacks, as these livestock facilities are permanent manure storages with defined
boundaries and represent an odour source with the highest odour potential according to Table 5.
#6. Required Investigation Distances for MDS
A separate MDS I setback shall be required to
be measured from all existing livestock facilities
and anaerobic digesters on lots in the surrounding
area that are reasonably expected by an approval
authority to be impacted by the proposed
application.
As part of municipal consideration of planning or
building permit applications, all existing livestock
facilities or anaerobic digesters within a 750 m
distance of a proposed Type A land use and
within a 1,500 m distance of a proposed Type B
land use shall be investigated and MDS I setback
calculations undertaken where warranted.
In circumstances where large livestock facilities
(e.g., >1,200 Nutrient Units) exist beyond the 750
m or 1,500 m study area, MDS I setbacks from
these facilities should also be calculated.
When investigating the surrounding area for
applications to permit a first or altered livestock
facility or anaerobic digester, MDS II setbacks
shall be required to be measured from all existing
and approved sensitive receptors reasonably
expected by an approval authority to be impacted
by the proposed first or altered livestock facility
or anaerobic digester, including all existing and
approved development and all dwellings on lots in
the surrounding area.
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
18
MDS I
MDS II
#7. MDS I Setbacks for Building Permits on Existing Lots
MDS I setbacks are not required for dwelling
additions and renovations proposed on existing
lots, even where an addition results in the
existing dwelling being closer to a surrounding
livestock facility or anaerobic digester. However,
MDS I setbacks are required for all other building
permit applications for dwellings on lots that
existed prior to March 1, 2017, unless otherwise
specified in a municipality's zoning by-law or
where otherwise not required by this MDS
Document.
For lots created after March 1, 2017, MDS I
setbacks shall be required for building permit
applications for dwellings unless otherwise not
required by this MDS Document.
Where a setback is required, MDS I
measurements shall be taken as the shortest
distance between the proposed building to be
constructed and either the manure storages, or
anaerobic digesters, or the livestock occupied
portions of the livestock barns.
While municipalities have the option to exempt
buildings proposed through building permit
applications on lots which exist prior to March
1, 2017, they are strongly discouraged from
exempting these applications.
If local exemptions are supported for building
permits on existing lots, a municipality shall
adopt provisions in their comprehensive zoning
by-law which clearly state the details for such
exemptions. Examples of such provisions may
include, but are not limited to, those which only
require an MDS I setback for building permit
applications:
- on existing lots that are in a particular land
use zone or designation (e.g., rural
residential, estate residential);
- on existing lots that are above or below a
certain size threshold (e.g., 4 ha);
Not applicable
4. IMPLEMENTATION GUIDELINES
19
MDS I
MDS II
- on existing lots which are vacant (e.g., no
existing dwellings or other buildings);
- on existing lots, but where the MDS I setback
cannot be met, then through a planning
application, allow a dwelling provided that it
be located as far as possible from the
existing livestock facility from which the
setback cannot be met;
- on lots which exist prior to a specific date
(e.g., March 1, 2017 or the date of adoption
of comprehensive zoning by-law); or,
- for certain types of buildings (e.g., dwellings).
#8. MDS I Setbacks for Lot Creation
Where lot creation is proposed, including new lots
for agricultural uses, an MDS I setback is required
for both the severed and retained lot.
However, an MDS I setback is not required:
- for a severed or retained lot for an agricultural
use when that lot already has an existing
dwelling on it;
- for purposes such as easements, corrections
of deeds, quit claims and minor boundary
adjustments which do not result in
the creation of a new lot;
- for a severed or retained lot for infrastructure
in accordance with Implementation
Guideline #3;
- for a severed or retained lot for an existing
non-agricultural use;
- for a severed or retained lot for agriculture-
related uses, except where required by a
municipality in accordance with
Implementation Guideline #35; or
- where noted in Implementation Guideline #9.
NOTE: The lot creation policies contained in the
PPS, provincial plans and other local lot creation
policies continue to apply despite any exemptions
from MDS I setbacks.
Not applicable
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
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MDS I
MDS II
#9. MDS I Setbacks and Lot Creation for a Residence Surplus to a Farming Operation
For a proposed severance of a residence surplus to a
farming operation:
1. Where the existing dwelling to be severed and
the nearby livestock facility or anaerobic digester
are located on separate lots prior to the consent,
an MDS I setback is not required for the
consent application (or associated rezoning)
unless otherwise required by a municipal official
plan policy. This is because a potential odour
conflict may already exist between those
surrounding livestock facilities or anaerobic
digesters and the existing dwelling.
2. An MDS I setback is always required for a
proposed lot with an existing dwelling when prior
to the consent, that dwelling is located on the
same lot as an existing livestock facility or
anaerobic digester and after the consent, the
dwelling would be on a lot separate from that
same existing livestock facility or anaerobic
digester. This is because such a proposal could
create a potential odour conflict as the dwelling
and the livestock facility or anaerobic digester
will be on separate conveyable lots if the
severance is approved. This is the case
regardless of how a municipality chooses to
treat existing livestock facility on lots separate
from the dwelling prior to the consent.
3. Where a new lot is proposed with an existing
dwelling AND an existing livestock facility or
anaerobic digester on it, an MDS I setback is
not required for that livestock facility or
anaerobic digester in accordance with
Implementation Guideline #14.
Refer to Figure 3 in Section 7 of this MDS Document
for a drawing illustrating these three scenarios.
NOTE: For severances of a residence surplus to a
farming operation, an MDS I setback shall only be
required for the newly created surplus dwelling lot
and shall not be required for the remnant farm parcel
nor for any associated rezonings of the severed or
retained parcels.
Not applicable
4. IMPLEMENTATION GUIDELINES
21
MDS I
MDS II
#10. MDS I Setbacks for Zoning By-Law Amendments and Official Plan Amendments
An MDS I setback is required for all proposed
amendments to rezone or redesignate land to
permit development in prime agricultural areas
and rural lands presently zoned or designated for
agricultural use. This shall include amendments
to allow site-specific exceptions which add non-
agricultural uses or residential uses to the list of
agricultural uses already permitted on a lot, but
shall exclude applications to rezone a lot for a
residence surplus to a farming operation (e.g.,
to a rural residential zone) in accordance with
Implementation Guideline #9 above.
Amendments to rezone or redesignate land
already zoned or designated for a non-agricultural
use, shall only need to meet the MDS I setbacks
if the amendment(s) will permit a more sensitive
land use than existed before. In other words, if
the proposal is to change an existing Type A land
use (e.g., industrial use outside of a settlement
area) to a Type B land use (e.g., commercial)
in accordance with Implementation Guidelines
#33 and #34, then an MDS I setback shall be
required.
Not applicable
#11. MDS Setbacks for Reconstruction
Where a municipality explicitly requires MDS I
setbacks for building permit applications on
lots which exist prior to March 1, 2017, in
accordance with Implementation Guideline #7,
an MDS I setback is NOT required for building
reconstruction provided ALL of the following
conditions are met:
- the building which existed before the
application was habitable;
- the proposed building is for the same or
less sensitive land use type (i.e., Type A
or Type B in accordance with
Implementation Guidelines #33 and #34)
than the former building; and
MDS II setbacks are NOT required for livestock
facility reconstruction provided the resulting
livestock facility is built no closer to the
surrounding existing or approved development or
dwelling than the livestock facility which existed
before the building permit application.
However, MDS II setbacks shall be required if the
proposed reconstruction includes an anaerobic
digester or a livestock facility that meets at least
ONE of the following conditions:
- will house a different livestock type(s) which
is more odorous than existed before
reconstruction (resulting in a greater value
for Factor A); or
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
22
MDS I
MDS II
- the proposed building is built no closer to
the surrounding livestock facilities or
anaerobic digesters than the former
building.
- will house a greater number or area of
livestock or store a greater volume of
imported manure than existed before
reconstruction (resulting in a greater value
for Factor B); or
- will change from a solid to a liquid manure
system (resulting in a greater value for
Factor D); or
- will have a new manure storage with an
increased relative odour potential (based on
Table 5) than existed before reconstruction
(e.g., going from a 'Very Low' to a 'Low' odour
potential).
#12. Existing Uses that Do Not Conform to MDS
An MDS I setback is required for proposed
development or dwellings, even though there
may be existing or approved development or
dwellings nearby that do not conform to MDS I
requirements.
However, a reduced MDS I setback may be
permitted provided there are four, or more, non-
agricultural uses, residential uses and/or dwellings
closer to the subject livestock facility than the
proposed development or dwellings and those four
or more non-agricultural uses, residential uses
and/or dwellings are:
- located within the intervening area (120°
field of view shown in Figure 4 in Section
7 of this MDS Document) between the
closest part of the proposed development
or dwelling and the nearest livestock
facility or anaerobic digester;
- located on separate lots; and
- of the same or greater sensitivity (i.e.,
Type A or Type B in accordance with
Implementation Guidelines #33 and #34)
as the proposed development or dwelling.
Even though there may be a portion of the existing
livestock facility or existing anaerobic digester that
does not conform to the MDS II setbacks, building
permit applications for any altered livestock facility
or anaerobic digester are still required to meet the
MDS II setbacks.
4. IMPLEMENTATION GUIDELINES
23
MDS I
MDS II
If ALL of the above conditions are met, the MDS I
setback for the proposed development or dwelling
may be reduced such that it is located no closer
to the livestock facility or anaerobic digester than
the furthest of the four non-agricultural uses,
residential uses and/or dwellings as shown in
Figure 4.
#13. Non-Application of MDS to Accessory Structures
When an MDS I setback is required by a
municipality for building permit applications on
a lot which existed prior to March 1, 2017, in
accordance with Implementation Guideline #7,
an MDS I setback shall NOT be required for
proposed structures accessory to a dwelling,
including, but not limited to: decks, garages,
gazebos, greenhouses, outbuildings, patios,
picnic areas and sheds.
MDS II setbacks shall NOT be required from
existing structures accessory to a dwelling,
including, but not limited to: decks, garages,
gazebos, greenhouses, outbuildings, patios,
picnic areas and sheds.
#14. Uses Located on the Same Lot
An MDS I setback is NOT required to be met
for proposed development, dwelling, agriculture-
related use, or on-farm diversified use from an
existing livestock facility or anaerobic digester
located on the same lot as the proposal.
MDS II setbacks are NOT required to be met for
the first or altered livestock facility or anaerobic
digester to any existing or approved development,
dwelling, agriculture-related use, or on-farm
diversified use located on the same lot.
#15. Same Ownership
An MDS I setback is required for proposed
development or dwellings even if the lot on which
they are proposed is held by the same owner as
the existing livestock facility or anaerobic digester
nearby. This recognizes that a lot may be sold
to a new owner, possibly resulting in a potential
future land use conflict.
MDS II setbacks are required for a proposed first
or altered livestock facility or anaerobic digester
even if the lot on which they are proposed is held
by the same owner as the existing or approved
development or dwellings nearby. This recognizes
that a lot may be sold to a new owner, possibly
resulting in a potential future land use conflict.
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
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MDS I
MDS II
#16. Obtaining Required Information to Calculate MDS Setbacks
The preferred method for obtaining information
(e.g., livestock and manure type as well as
design capacity) to be used in MDS I calculations
for a complete planning application is visiting
the site and getting information directly from
the farm operator(s) or owner(s) of the property
where the livestock facilities or anaerobic
digesters are located.
If cooperation is not forthcoming, or there is
concern about the accuracy of the information
available, it may be helpful to obtain independent
information by consulting other sources,
including, but not limited to:
- aerial photography;
- best professional judgement about the
past/most recent use of building(s);
- current farm owner or operator (if different
than the original information source);
- existing municipal building permits on record;
- Municipal Property Assessment
Corporation (MPAC) records;
- neighbouring landowners;
- qualified consultant(s) knowledgeable
about livestock facilities; or
- OMAFRA staff.
NOTE: Even though information may be provided
by the applicant or their agent, ultimately, it is
the responsibility of the municipality to determine
if information used for an MDS I calculation
is reasonably accurate and reflects existing
conditions.
The only method for obtaining information
(e.g., livestock and manure type as well as design
capacity) to be used in MDS II calculations for
the first or altered livestock facility is from the
owner(s) or their agent with the application for
the proposed construction.
In some circumstances where information is
missing, or there is a concern about the accuracy
of the information available, it may be helpful to
obtain independent information by carrying out a
site visit or consulting other sources, including,
but not limited to:
- aerial photography;
- best professional judgement about the
past/most recent use of building(s);
- current farm operator (if different than the
owner/agent);
- existing municipal building permits on record;
- Municipal Property Assessment Corporation
(MPAC) records;
- neighbouring landowners;
- qualified consultant(s) knowledgeable about
livestock facilities; or
- OMAFRA staff.
NOTE: Even though information may be provided
by the applicant or their agent, ultimately, it is
the responsibility of the municipality to determine
if information used for an MDS II calculation is
reasonably accurate and reflects the proposed
construction.
4. IMPLEMENTATION GUIDELINES
25
MDS I
MDS II
#17. Fewest Number of Nutrient Units Used when Calculating MDS
The fewest number of Nutrient Units used in
calculating MDS I setbacks is 5 Nutrient Units,
even if the actual design capacity is fewer than
5 Nutrient Units.
Accordingly, the MDS software will automatically
round-up to the minimum of 5 Nutrient Units.
MDS II setbacks are required for all first or altered
livestock facilities; however, the fewest number
of Nutrient Units used in calculating MDS II
setbacks is 5 Nutrient Units, even if the actual
design capacity is fewer than 5 Nutrient Units.
Accordingly, the MDS software will automatically
round-up to the minimum of 5 Nutrient Units.
#18. MDS II for Building Permit Applications to Renovate Existing Livestock Facilities
Not applicable
An MDS II setback is required prior to the
approval of a building permit application to
renovate existing livestock facilities that would
result in an altered livestock facility.
This is true even if the renovation results in the
same design capacity, or a lower design capacity
than what existed before. For example, an existing
livestock facility to be renovated is more than
3 years old and has a design capacity of 150
Nutrient Units for swine feeders on a liquid
manure system with an outside, uncovered,
straight-walled liquid manure storage (M1 storage
in Table 5). After the proposed renovation,
the altered livestock facility will instead have a
design capacity of 50 Nutrient Units for chicken
broilers on a solid manure system with an outside,
uncovered, solid manure storage (V3 storage
in Table 6).
NOTE: This would result in fewer Nutrient Units
than before the renovation.
- Factor A = 0.7 for chicken broilers (just for
those livestock being added)
- Factor B = 260 for 50 Nutrient Units
- Factor C = 0.5 for a -66.7% increase (or 66.7%
decrease), but Factor C always equals 0.5 for
any decrease in Nutrient Units
- Factor D = 0.7 for solid manure (just for those
livestock being added)
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
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MDS I
MDS II
Not applicable
- Building Base Distance
('F') = 0.7 x 260 x 0.5 x 0.7 = 63.7 m
- Storage Base Distance
('S') = 63.7 m (for a V3 storage)
Likewise, an MDS II setback is also required prior
to the approval of a building permit application
to renovate existing anaerobic digesters in
accordance with Implementation Guideline #22.
#19. Cumulative Design Capacity of Livestock Facilities on a Lot
MDS calculations shall be based on the combined design capacity for all livestock barns on a lot, even if
they are unoccupied livestock barns or separated by a substantial distance on the lot.
Where there are no livestock barns on a lot, MDS calculations shall be based on the combined design
capacity for all manure storages on a lot, even if they are unused manure storages or separated by a
substantial distance on the lot.
#20. MDS Setbacks for Unoccupied Livestock Barns
Design capacity for an MDS I calculation shall
include all unoccupied livestock barns on a lot in
accordance with this Implementation Guideline.
First and foremost, the number of livestock or the
area of livestock housing of unoccupied livestock
barns should be based on information supplied
by the farm operator(s) and/or owner(s). Only
after concerted, documented effort has been
made to obtain information from the farm
operator(s) and/or owner(s), but obtaining
information was not possible, then the following
default Factors apply for unoccupied livestock
barns:
- Factor A = 1.0
- Factor B is based on 1 Nutrient Unit/
20 m2 of area of livestock housing
(NOTE: Assume the barn is only one-story
high if using aerial photography.)
- Factor D = 0.7
Design capacity for an MDS II calculation shall
include all unoccupied livestock barns on a lot.
However, buildings deemed by a municipal
building official, with input from a professional
engineer or a consultant knowledgeable about
livestock facilities where appropriate, as no longer
being structurally sound, or reasonably capable
of housing livestock shall not be included in an
MDS II calculation.
4. IMPLEMENTATION GUIDELINES
27
MDS I
MDS II
However, an MDS I setback is not required when:
- the building has been deemed by a
municipal building official, with input
from a professional engineer or a consultant
knowledgeable about livestock facilities
where appropriate, as no longer being
structurally sound or reasonably capable
of housing livestock; or
- the portion of the lot on which the
unoccupied livestock barn is located is
zoned such that the building shall not be
used for housing livestock; or
- the floor area of the unoccupied livestock
barn is <100 m2.
#21. MDS Setbacks for Unused Manure Storages
Design capacity for an MDS I calculation shall
include all manure storages on a lot in accordance
with this Implementation Guideline, even if those
storages are unused and not storing manure at
the time of the MDS I application.
First and foremost, the volume of unused manure
storages should be based on information supplied
by the farm operator(s) and/or owner(s).
Unused manure storages for SOLIDS: Only after
concerted, documented effort has been made
to obtain information from the farm operator(s)
and/or owner(s), but obtaining information was
not possible, then the following Factors apply for
unused manure storages for SOLIDS:
- Factor A = 1.0
- Factor B is based on 1 Nutrient Unit/19.8 m3
of volume for storages with two or more
walls (NOTE: Assume manure is stored
1 m deep over the area enclosed by the
two or more walls if using aerial
photography).
- Factor D = 0.7
Design capacity for an MDS II calculation shall
include all manure storages on a lot, even if those
storages are unused and not storing manure at
the time of an MDS II application.
However, structures deemed by a municipal
building official, with input from a professional
engineer or a consultant knowledgeable about
livestock facilities where appropriate, as no longer
being structurally sound, or reasonably capable
of storing manure, shall not be included in an
MDS II calculation.
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
28
MDS I
MDS II
However, an MDS I setback is not required when:
- there is only one, or no, walls; or,
- the structure has been deemed by a
municipal building official, with input from a
professional engineer or a consultant
knowledgeable about livestock facilities where
appropriate, as no longer being structurally
sound or reasonably capable of storing
manure; or,
- the portion of the lot on which the unused
manure storage is located is zoned such that
the structure shall not be used for storing
manure; or,
- the floor area of the unused manure storage
is <100 m2.
Unused manure storages for LIQUIDS: Only after
concerted, documented effort has been made
to obtain information from the farm operator(s)
and/or owner(s), but obtaining information was
not possible, then the following Factors apply for
unused manure storages for LIQUIDS:
- Factor A = 1.0
- Factor B is based on 1 Nutrient Unit/19.8 m3
of design capacity (NOTE: Assume manure
is stored 2.5 m deep and level over the
area enclosed by storage walls if using aerial
photography).
- Factor D = 0.8
However, an MDS I setback is not required when:
- the structure has been deemed by a
municipal building official, with input
from a professional engineer or a
consultant knowledgeable about livestock
facilities where appropriate, as no longer
being structurally sound or reasonably
capable of storing manure; or,
- the portion of the lot on which the unused
manure storage is located is zoned such
the structure shall not be used for storing
manure; or,
- the floor area of the unused manure
storage is <40 m2.
4. IMPLEMENTATION GUIDELINES
29
MDS I
MDS II
#22. MDS Setbacks for Anaerobic Digesters
There is no calculation for an MDS I setback
from an anaerobic digester. Instead, the required
MDS I setbacks are fixed as follows:
- 200 m to proposed Type A land uses
- 450 m to proposed Type B land uses
- 200 m to proposed dwellings
Refer to Figure 5 in Section 7 of this MDS
Document.
Secondary elements related to the anaerobic
digester such as gas and water pipes and
electrical generator buildings or wires are not
subject to MDS I setbacks.
MDS I setbacks are measured from the closest
associated component of the existing anaerobic
digester.
There is no calculation for an MDS II setback for
an anaerobic digester. Instead the required
MDS II setbacks are fixed as follows:
- 200 m from existing Type A land uses
- 450 m from existing Type B land uses
- 200 m from existing dwellings on a
separate lot
- 20 m from a rear and side lot line
- 40 m from the edge of a road allowance
Refer to Figure 6 in Section 7 of this MDS
Document.
Secondary elements related to the anaerobic
digester such as gas and water pipes and
electrical generator buildings or wires are not
subject to MDS II setbacks.
MDS II setbacks are measured to the closest
associated component of the proposed anaerobic
digester.
MDS II setbacks for anaerobic digesters cannot be
reduced through Implementation Guideline #43.
#23. Calculating Building Base Distance ('F')
The MDS I formula for calculating Building Base
Distance ('F') is: 'F' = Factor A x B x D x E.
NOTE: Factor C is NOT used in MDS I.
The MDS II formula for calculating Building Base
Distance ('F') is: 'F' = Factor A x B x C x D.
NOTE: Factor E is NOT used in MDS II.
#24. Determining Storage Base Distance ('S')
Storage Base Distance ('S') is NOT calculated, but read directly from Table 6. First calculate the Building
Base Distance ('F') in accordance with Implementation Guideline #23, then select the manure storage
type from Table 5 that best matches the manure storage type on the lot and use this information to
determine the corresponding value on Table 6.
If there are multiple manure storage types on the lot, the storage type with the highest relative Storage
Odour Potential is selected from Table 5.
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
30
MDS I
MDS II
#25. Factor A: Odour Potential Factor (Table 1)
Factor A is determined by selecting the value aligned with the applicable livestock/manure description on
Table 1. Factor A is based on the relative potential for emanating offensive odours. The greater the value
of Factor A, the higher the odour potential and the further the resulting MDS setbacks, all other things
being equal.
#26. Factor B: Nutrient Units Factor (Table 2)
Factor B used in MDS I setbacks for settlement
area expansions shall only be based on the
design capacity for all livestock facilities on a lot.
In addition, for other MDS I setbacks where
the livestock facilities are located on lots ≤5 ha,
Factor B is also only based on the design capacity
for all livestock facilities on the lot.
For all other MDS I setbacks where the livestock
facilities are located on lots >5 ha, Factor B is
based on the possible future expansion of the
existing livestock facilities on the lot, known as
the 'potential' design capacity.
More specifically, the potential design capacity
for MDS I is determined by knowing the design
capacity for all livestock facilities on the lot, and
the total area of the lot. With both of these
pieces of information, use the table below to
determine the appropriate potential design
capacity. This value should then be used to
find the value of Factor B for the purposes of
calculating an MDS I setback where the livestock
facilities are located on a lot >5 ha.
For MDS II, Factor B is based on the design
capacity for all livestock facilities on a lot.
In accordance with Table 2, the more Nutrient
Units, the greater the value for Factor B and the
further the resulting MDS II setbacks, all other
things being equal.
While using Table 2, it may be necessary
to interpolate a value for Factor B. When
interpolating, do not include more than two
decimal places, rounded accordingly.
4. IMPLEMENTATION GUIDELINES
31
MDS I
MDS II
Design
Capacity
(NU)
Total Lot
Size ≤5 ha
Total
Lot Size
>5 ha, but
≤25 ha
Total
Lot Size
>25 ha, but
≤50 ha
Total
Lot Size
>50 ha
≤5 NU
Factor B
based on
design
capacity
only
Factor B
based on
design
capacity
only
Factor B
based on
design
capacity
only
Factor B
based on
design
capacity
only
>5 NU,
but
≤25 NU
Factor B
based on
design
capacity
only
Factor B
based on
2 x design
capacity
Factor B
based on
2 x design
capacity
Factor B
based on
2 x design
capacity
>25 NU,
but
≤125 NU
Factor B
based on
design
capacity
only
Factor B
based on
2 x design
capacity
Factor B
based on
3 x design
capacity
Factor B
based on
3 x design
capacity
>125 NU
Factor B
based on
design
capacity
only
Factor B
based on
2 x design
capacity,
to max of
300 NU
Factor B
based on
3 x design
capacity,
to max of
450 NU
Factor B
based on
3 x design
capacity,
to max of
600 NU
NOTE: To determine design capacity for unoccupied livestock
barns or unused manure storages, see Implementation
Guidelines #20 and #21 respectively.
In accordance with Table 2, the more Nutrient Units, the
greater the value for Factor B and the further the resulting
MDS I setbacks, all other things being equal.
While using Table 2, it may be necessary to interpolate a
value for Factor B. When interpolating, do not include more
than two decimal places, rounded accordingly.
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MDS I
MDS II
#27. Factor C: Expansion Factor (Table 3)
Not applicable
Factor C only applies for MDS II, and is based on the
percentage increase in the number of Nutrient Units
for the proposed construction of a first or altered
livestock facility, compared to the Nutrient Units of all
existing livestock facilities on the lot. The greater the
percentage increase, the greater the value for Factor
C and the further the resulting MDS II setbacks, all
things being equal.
Expansion of a livestock facility is a necessary and
typical process for most farm operations, and can
reasonably be expected over time.
Factor C is 1.14 (Table 3) for the first livestock facility
on a lot, resulting in a building location that will allow
for future expansion of most subsequent livestock
facilities within a reasonable building envelope.
Factor C is 0.5 (Table 3) for no increase in Nutrient
Units (0% increase) and for decreases in Nutrient
Units.
Where an existing livestock facility is to be expanded,
the percentage increase shall be calculated using
the total additional Nutrient Units proposed as the
numerator and the total existing Nutrient Units as the
denominator, with the result multiplied by 100.
For example, if an existing livestock facility currently
has a design capacity of 200 Nutrient Units and
proposes to increase design capacity by 100
additional Nutrient Units, the percentage increase is
calculated as 100 Nutrient Units (numerator) divided
by 200 Nutrient Units (denominator) and multiplied
by 100 for a value of 50% (100/200) x 100 = 50%.
From Table 3, Factor C = 0.8100.
Where a livestock facility is to be expanded, and
one or more building permits to establish or expand
that livestock facility were already issued within the
previous 3 years, the percentage increase shall be
calculated using the total additional Nutrient Units
established or added by building permit(s) issued
during the previous 3-year period, plus the proposed
expansion, as the numerator, and the total existing
4. IMPLEMENTATION GUIDELINES
33
MDS I
MDS II
Nutrient Units prior to the previous 3-year period as
the denominator.
For example, an existing livestock facility currently
has a design capacity of 200 Nutrient Units and
proposes to increase design capacity by 100
additional Nutrient Units. A building permit for this
livestock facility was issued 2 years ago which
increased the size of the operation at that time from
100 Nutrient Units to 200 Nutrients Units. In this
case, the percentage increase is calculated as 200
Nutrient Units (numerator) (100 Nutrient Units for this
expansion plus 100 Nutrient Units for expansion
2 years ago) divided by 100 Nutrient Units
(denominator) (the design capacity of the livestock
facility 3 years ago) and then multiplied by 100 for a
value of 200% [(100+100)/100] x 100 = 200%.
From Table 3, Factor C = 1.0000.
In using Table 3, it may be necessary to interpolate a
value for Factor C. When interpolating, do not include
more than four decimal places, rounded accordingly.
#28. Factor D: Manure Type (Table 1)
Factor D is determined by selecting the value aligned with the applicable manure type (liquid manure or
solid manure) in Table 1. Factor D is based on the physical state of manure (liquid or solid) on the lot and
its relative potential for emanating offensive odours. The greater the value for Factor D, the higher the
odour potential and the further the resulting MDS setbacks, all other things being equal.
#29. Factor E: Encroaching Land Use Factor (Table 4)
Factor E is determined by selecting the
encroaching land use factor in Table 4 (Type A
Land Use or Type B Land Use) that best matches
the descriptions in Implementation Guidelines
#33 and #34. Factor E is based on the relative
sensitivity of an encroaching land use as it
relates to odour from an existing livestock facility.
The more sensitive the land use (based on an
anticipated higher density of human occupancy,
habitation or activity), the greater the value
(1.1 or 2.2) of the encroaching land use factor
and the further the resulting MDS I setbacks,
all other things being equal.
Not applicable
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MDS I
MDS II
#30. Determining Factor A When More Than One Type of Livestock are Housed and/or More Than
One Type of Manure are Stored, With Differing Values for Factor A
In MDS I, Factor A will require a weighted average
when there is more than one type of livestock
housed and/or more than one type of manure
stored on a lot with differing values for Factor A.
For example, if a livestock facility on a lot has
50 Nutrient Units of chicken broilers (Factor
A = 0.7), as well as 100 Nutrient Units of
swine feeders (Factor A = 1.2), then the weighted
average Factor A is:
[(50 x 0.7) + (100 x 1.2)] ÷ (50 + 100) = 1.03
When calculating a weighted average, the value
of Factor A should not include more than two
decimal places, rounded accordingly.
In MDS II, Factor A will require a weighted average
when there is more than one type of livestock
proposed to be added and/or more than one type
of manure proposed to be added at the same
time with differing values for Factor A.
For example, if a farmer proposes to expand
a livestock facility by adding 50 Nutrient Units
of chicken broilers (Factor A = 0.7), as well as
adding 100 Nutrient Units of swine feeders
(Factor A = 1.2) at the same time, then the
weighted average Factor A is:
[(50 x 0.7) + (100 x 1.2)] ÷ (50 + 100) = 1.03
When calculating a weighted average, the value
of Factor A should not include more than two
decimal places, rounded accordingly.
#31. Determining Factor D When BOTH Solid and Liquid Manure are Stored on a Lot
In MDS I, Factor D will require a weighted average
when BOTH solid and liquid manure are being
stored on a lot.
For example, if a livestock facility has 50 Nutrient
Units of chicken broilers with a solid manure
system (Factor D = 0.7) AND 100 Nutrient Units of
swine feeders with a liquid manure system (Factor
D = 0.8) then the weighted average Factor D is:
[(50 x 0.7) + (100 x 0.8)] ÷ (50 +100) = 0.77
When calculating a weighted average, the value
of Factor D should not include more than two
decimal places, rounded accordingly.
In MDS II, Factor D will require a weighted average
when BOTH solid and liquid manure storages
are being proposed as part of the same building
permit application.
For example, if a farmer proposes to add
50 Nutrient Units of chicken broilers with a solid
manure system (Factor D = 0.7) AND 100 Nutrient
Units of swine feeders with a liquid manure
system (Factor D = 0.8) then the weighted
average Factor D is: [(50 x 0.7) + (100 x 0.8)] ÷
(50 + 100) = 0.77
When calculating a weighted average, the value
of Factor D should not include more than two
decimal places, rounded accordingly.
4. IMPLEMENTATION GUIDELINES
35
MDS I
MDS II
#32. Rounding of MDS Calculations
All resulting calculated separation distances are rounded UP to the nearest metre. For example, if the
final MDS setback is 364.72 m, round up to 365 m.
#33. Type A Land Uses (Less Sensitive)
For the purposes of MDS I, proposed Type A
land uses are characterized by a lower density of
human occupancy, habitation or activity including,
but not limited to:
- industrial uses outside a settlement area;
- open space uses;
- building permit applications on existing lots
outside a settlement area for dwellings,
unless otherwise specified in a
municipality's zoning by-law in accordance
with Implementation Guideline #7;
- the creation of lots for agricultural uses,
in accordance with Implementation
Guideline #8; and
- the creation of one or more lots for
development on land outside of a
settlement area that would NOT result in
four or more lots for development in
immediate proximity to one another (e.g.,
sharing a common contiguous boundary,
across the road from one another, etc.),
regardless of whether any of the lots
are vacant.
For the purposes of MDS II, existing Type A land
uses are characterized by a lower density of
human occupancy, habitation or activity including,
but not limited to:
- industrial uses outside a settlement area;
- open space uses; and,
- dwellings on lots which are located outside
of a settlement area and are not recognized
through an official plan designation for
development; includes dwellings that are
located on lots zoned for agriculture uses,
residential uses or non-agricultural uses (such
as zones for general agriculture, rural
residential, estate residential, etc.), provided
the lot remains in a prime agricultural area
or rural lands type designation.
#34. Type B Land Uses (More Sensitive)
For the purposes of MDS I, proposed Type B land
uses are characterized by a higher density of
human occupancy, habitation or activity including,
but not limited to:
- new or expanded settlement area
boundaries;
For the purposes of MDS II, existing Type B land
uses are characterized by a higher density of
human occupancy, habitation or activity including,
but not limited to:
- settlement area boundaries; and
- existing development outside of a settlement
area which is recognized through an official
plan designation.
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MDS I
MDS II
- an official plan amendment to permit
development, excluding industrial uses,
on land outside a settlement area;
- a zoning by-law amendment to permit
development, excluding industrial uses or
dwellings, on land outside a settlement
area; and
- the creation of one or more lots for
development on land outside a settlement
area, that results in four or more lots for
development, which are in immediate
proximity to one another (e.g., sharing a
common contiguous boundary, across the
road from one another, etc.), regardless of
whether any of the lots are vacant.
Because of the increased sensitivity of these
uses, a new or expanding Type B land use will
generate an MDS I setback that is twice the
distance as the MDS I setback for a Type A
land use. This is reflected in the value of Factor
E which is 2.2 for Type B versus 1.1 for Type A.
Because of the increased sensitivity of these uses,
an MDS II setback from existing Type B land uses
is twice the distance from existing Type A land uses.
#35. MDS Setbacks for Agriculture-Related Uses and On-Farm Diversified Uses
MDS I setbacks from existing livestock facilities
and anaerobic digesters will generally not be
needed for land use planning applications
which propose agriculture-related uses and on-
farm diversified uses. However, some proposed
agriculture-related uses and on-farm diversified
uses may exhibit characteristics that could lead
to potential conflicts with surrounding livestock
facilities or anaerobic digesters. Therefore, it
may be appropriate for municipalities to require
an MDS I setback to permit certain types of
these uses.
Typically, this subset of uses may be
characterized by a higher density of human
occupancy or activity or will be uses that may
generate significant visitation by the broader
public to an agricultural area. Examples include,
but are not limited to: food service, accommodation,
agri-tourism uses and retail operations.
MDS II setbacks to existing agriculture-related uses
and on-farm diversified uses will generally not be
needed for building permit applications for first or
altered livestock facilities and anaerobic digesters.
However, some existing agriculture-related uses and
on-farm diversified uses may exhibit characteristics
that could lead to potential conflicts with first or
altered livestock facilities or anaerobic digesters.
Therefore, it may be appropriate for municipalities
to require MDS II setbacks to certain types of
these uses.
Typically, this subset of uses may be characterized
by a higher density of human occupancy or activity,
or are uses that generate significant visitation by
the broader public to an agricultural area. Examples
include, but are not limited to: food service,
accommodation, agri-tourism uses and retail
operations. Surrounding land uses and geographic
context can also play a role in determining the
4. IMPLEMENTATION GUIDELINES
37
MDS I
MDS II
Surrounding land uses and geographic
context can also play a role in determining
the suitability of applying MDS I setbacks to
proposed agriculture-related uses, on-farm
diversified uses and agricultural uses.
For these reasons, and in keeping with the
intent of this MDS Document, municipalities
may choose to require an MDS I setback for
proposals, including lot creation, to permit
certain types of agriculture-related uses or on-
farm diversified uses. In these circumstances,
agriculture-related uses and on-farm diversified
uses shall be considered as Type A land uses.
Municipalities shall include specific provisions
in their comprehensive zoning by-law to clearly
indicate the types of agriculture-related uses
and on-farm diversified uses that will be
required to meet MDS I setbacks, including
provisions related to the measurement of MDS
I setbacks from existing livestock facilities and
anaerobic digesters. Otherwise, MDS I setbacks
will NOT be required for these types of uses.
Municipalities are strongly encouraged to
develop policies in their official plans and
provisions in their comprehensive zoning by-law
to provide consistent direction on this issue.
suitability of applying MDS II setbacks from existing
agriculture-related uses, on-farm diversified uses
and agricultural uses.
For these reasons, and in keeping with the intent
of this MDS Document, municipalities may choose
to require MDS II setbacks for new or altered
livestock facilities and anaerobic digesters to
certain types of existing agriculture-related uses or
on-farm diversified uses. In these circumstances,
agriculture-related uses and on-farm diversified
uses shall be considered as Type A land uses.
Municipalities shall include specific provisions
in their comprehensive zoning by-law to clearly
indicate the types of agriculture-related uses and
on-farm diversified uses that MDS II setbacks are
applied to and how they are measured. Otherwise,
MDS II setbacks will NOT be required to these
types of uses.
Municipalities are strongly encouraged to develop
policies in their official plans and provisions in their
comprehensive zoning by-law to provide consistent
direction on this issue.
#36. Non-Application of MDS Within Settlement Areas
MDS I setbacks are NOT required for proposed
land use changes (e.g., consents, rezonings,
redesignations, etc.) within approved settlement
areas, as it is generally understood that the
long-term use of the land is intended to be for
non-agricultural purposes.
MDS II setbacks are NOT required where
municipalities permit first or altered livestock
facilities (e.g., urban agriculture) or anaerobic
digesters within approved settlement area
designations, as MDS II was not designed to be
used in an urban setting. However, because other
issues could be considered when raising livestock
in settlement areas, municipalities may choose
to establish local approaches governing urban
agriculture.
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MDS I
MDS II
#37. MDS Setbacks for Churches, Schools and Cemeteries Used Primarily by a Community Reliant on
Horse-Drawn Transportation
Normally churches, schools and cemeteries are considered Type B land uses as they are institutional
uses; however, existing, new and expanding churches, schools and cemeteries intended to primarily
serve a community which relies on horse-drawn vehicles as a predominate mode of transportation,
shall be considered as Type A land uses for the purposes of both MDS I and MDS II.
#38. MDS Setbacks for Cemeteries
Except where noted in Implementation
Guideline #37, for the purposes of MDS I,
new cemeteries and expansion to existing
cemeteries are considered Type B land uses,
as they are institutional uses.
For the purposes of MDS II, existing cemeteries
are considered Type B land uses, as they are
institutional uses.
However, certain cemeteries may be treated
as Type A land uses at the discretion of the
municipality. For example, those cemeteries which
are closed, or receive low levels of visitation, or
where no place of worship is present, in addition to
where noted in Implementation Guideline #37.
NOTE: Cemeteries meeting the above criteria shall
be clearly identified in the municipality's planning
documents on a comprehensive basis in order
to be treated as Type A land uses. Otherwise all
cemeteries will continue to be treated as Type B
land uses, except where noted in Implementation
Guideline #37.
#39. MDS II Setbacks for Rear Lot Lines, Side Lot Lines and Road Allowances
Not applicable
In addition to setbacks from surrounding Type
A and Type B land uses, first or altered livestock
facilities shall also meet the following MDS II
setbacks:
- Rear and side lot line MDS II setbacks are
calculated as 0.1 multiplied by the Building
Base Distance 'F' and Storage Base Distance
'S' to a maximum of 30 m.
4. IMPLEMENTATION GUIDELINES
39
MDS I
MDS II
Not applicable
For example, if an MDS II calculation yields values
of 100 m for Building Base Distance 'F' and 123 m
for Storage Base Distance 'S', the MDS II setback
for the livestock barn from the ear and side lot
lines would be 10 m (100 m x 0.1 = 10 m). The
MDS II setback for the manure storage from the
rear and side lot lines would be 12.3 m (123 m x
0.1 = 12.3 m). This value is rounded to the
nearest whole number, so in this instance, the
setback for the manure storage would be 12 m.
As another example, if an MDS II calculation
yields values of 350 m for Building Base Distance
'F' and 400 m for Storage Base Distance 'S', the
MDS II setback for the livestock barn from the rear
and side lot lines would be 30 m (350 m x 0.1 =
35 m, but reduced to the maximum of 30 m).
The MDS II setback for the manure storage from
the rear and side lot lines would be 30 m
(400 m x 0.1 = 40 m, but reduced to the
maximum of 30 m).
- Road allowance MDS II setbacks are calculated
as 0.2 multiplied by the Building Base Distance 'F'
and Storage Base Distance 'S' to a maximum
of 60 m.
For example, if an MDS II calculation yields values
of 100 m for Building Base Distance 'F' and
123 m for Storage Base Distance 'S',the MDS II
setback for the livestock barn from the edge of
the road allowance would be 20 m (100 m x
0.2 = 20 m). The MDS II setback for the manure
storage from the edge of the road allowance would
be 24.6 m (123 m x 0.2 = 24.6 m). This value
is rounded to the nearest whole number, so in
this instance, the setback for the manure storage
would be 25 m.
As another example, if an MDS II calculation
yields values of 350 m for Building Base Distance
'F' and 400 m for Storage Base Distance 'S', the
MDS II setback for the livestock barn from the
edge of the road allowance would be 60 m (350 m
x 0.2 = 70 m, but reduced to the maximum of
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MDS I
MDS II
60 m). The MDS II setback for the manure
storage from the edge of the road allowance
would be 60 m (400 m x 0.2 = 80 m, but
reduced to the maximum of 60 m).
Rear and side lot line and road allowance MDS
II setbacks for anaerobic digesters are found in
Implementation Guideline #22.
These MDS II setbacks are measured as the shortest
distance between the point of new construction for
the manure storages, or the anaerobic digester, or the
livestock occupied portions of each of the surrounding
livestock barns and the side and rear lot lines, as well
as the edge of the road allowance.
#40. Measurement of MDS Setbacks for Development and Dwellings
For proposed development, MDS I setbacks
are measured as the shortest distance
between the area proposed to be rezoned or
redesignated to permit development and either:
the surrounding livestock occupied portions of
livestock barns, manure storages or anaerobic
digesters. Refer to Figure 7 in Section 7 of
this MDS Document. This shall include areas
proposed to be rezoned or redesignated
with site-specific exceptions that add non-
agricultural uses or residential uses to the list of
agricultural uses already permitted on a lot.
For building permit applications for proposed
dwellings, where required in accordance with
Implementation Guideline #7, MDS I setbacks
are measured as the shortest distance
between the proposed dwelling and either
the surrounding manure storages, anaerobic
digesters or the livestock occupied portions of
the livestock barns.
For existing development, MDS II setbacks are
measured as the shortest distance between the
point of new construction for the livestock occupied
portions of the livestock barns, manure storages,
anaerobic digesters and the surrounding area that
is zoned or designated to permit non-agricultural
uses or residential uses in a zoning by-law or official
plan respectively, even if there are portions of
the existing livestock facility or existing anaerobic
digester that do not conform to the MDS II setbacks.
For existing dwellings, MDS II setbacks are
measured as the shortest distance between the
point of new construction for the livestock occupied
portions of the livestock barns, manure storages or
anaerobic digesters, and the surrounding dwellings,
even if there are portions of the existing livestock
facility or existing anaerobic digester that do not
conform to the MDS II setbacks. Refer to Figure 8 in
Section 7 of this MDS Document.
NOTE: Where there are two dwellings on the same
lot, the MDS II setback shall be measured to both.
4. IMPLEMENTATION GUIDELINES
41
MDS I
MDS II
#41. Measurement of MDS I Setbacks for the Creation of Lots
Where an MDS I setback is required for the
creation of a lot, in accordance with
Implementation Guideline #8 or #9, measurement
of the MDS I setback should be undertaken
as follows:
1. For proposed lots with an existing dwelling
that are ≤1 ha, MDS I setbacks are
measured as the shortest distance
between the proposed lot line and either
the surrounding livestock occupied portions
of the livestock barns, manure storages or
anaerobic digesters.
2. For proposed lots with an existing dwelling
that are >1 ha, MDS I setbacks are
measured as the shortest distance
between the existing dwelling and either
the surrounding livestock occupied
portions of the livestock barns, manure
storages or anaerobic digesters.
3. For proposed lots without an existing
dwelling that are ≤1 ha, MDS I setbacks
are measured as the shortest distance
between the proposed lot line and either
the surrounding livestock occupied portions
of the livestock barns, manure storages or
anaerobic digesters.
4. For proposed lots without an existing
dwelling that are >1 ha, MDS I setbacks
are measured as the shortest distance
between a 0.5 ha or larger building
envelope (for a potential dwelling) and
either the surrounding livestock occupied
portions of the livestock barns, manure
storages or anaerobic digesters.
For lots created after March 1, 2017, MDS I
setbacks shall be required for all building permit
applications for non-agricultural uses and dwellings
in accordance with Implementation Guideline #7.
Not applicable
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MDS I
MDS II
#42. Non-Effect of Wind Direction, etc. on MDS Setbacks
The direction of prevailing wind, surrounding topography, and presence of trees, berms or other
screening are not part of, and are not intended to affect, the calculation of MDS setbacks. However,
these or other similar elements could be considered in applications to vary or reduce MDS setbacks,
where appropriate, and in accordance with Implementation Guideline #43.
#43. Reducing MDS Setbacks
MDS I setbacks should not be reduced
except in limited site specific circumstances
that meet the intent of this MDS Document.
Examples include circumstances that mitigate
environmental or public health and safety
impacts, or avoid natural or human-made
hazards.
If deemed appropriate by a municipality, the
processes by which a reduction to MDS I may
be considered could include a minor variance
to the local zoning by-law provisions, a site
specific zoning by-law amendment or an official
plan amendment introducing a site specific
policy area.
MDS II setbacks should not be reduced except in
limited site specific circumstances that meet the
intent of this MDS Document. Examples include
circumstances that mitigate environmental or
public health and safety impacts, or avoid natural
or human-made hazards.
If deemed appropriate by a municipality, the
process by which a reduction to MDS II may be
considered would typically be through a minor
variance to the local zoning by-law provisions.
To a lesser extent a site specific zoning by-law
amendment may also be appropriate.
43
5. FACTOR TABLES
Table 1. Factor A (odour potential) and Factor D (manure type)
Livestock/
Manure Type
Livestock/Manure
Description
Number
per
Nutrient
Unit
Factor
A
Manure Type and Storage Description
Liquid Manure
(<18% dry matter)
Factor D = 0.8
Solid Manure
(≥18% dry matter)
Factor D = 0.7
Swine
Sows with litter, dry sows or
boars
3.5
1.0
Most systems have
liquid manure stored
under the barn slats
for short or long
periods or in storages
located outside
Systems with solid
manure inside on
deep bedded packs or
with scraped alleys
Breeder gilts (entire barn
designed specifically for this
purpose)
5
Weaners (7-27 kg)
20
1.1
Feeders (27-136 kg)
5.25
1.2
Dairy cattlea
milking-age
cows (dry or
milking)
Large-framed; 545-658 kg
(e.g., Holsteins)
0.7
0.7
Free-stall barns with
minimal bedding or
sand bedding, or
tie-stall barns with
minimal bedding
and milking centre
washwater added
Tie-stall barns with
lots of bedding or
loose housing with
deep bedded pack
and with or without
outside yard access
Medium-framed; 455-545 kg
(e.g., Guernseys)
0.85
Small-framed; 364-455 kg
(e.g., Jerseys)
1
Dairy cattlea
heifers
(5 months to
freshening)
Large-framed; 182-545 kg
(e.g., Holsteins)
2
0.7
Medium-framed; 148-455 kg
(e.g., Guernseys)
2.4
Small-framed; 125-364 kg
(e.g., Jerseys)
2.9
Dairy cattlea
calves
(0-5
months)
Large-framed; 45-182 kg
(e.g., Holsteins)
6
0.7
Free-stall barns with
minimal bedding,
or sand bedding, or
tie-stall barns with
minimal bedding
and milking centre
washwater added
Bedded pens or stalls
or heavily bedded
calf hutches that are
outside
Medium-framed; 39-148 kg
(e.g., Guernseys)
7
Small-framed; 30-125 kg
(e.g., Jerseys)
8.5
Beef cattle
Cows, including calves to
weaning (all breeds)
1
0.7
Not applicable
Bedded pack barns
with or without
outside yard access
Feeders (7-16 months)
3
0.8
Slatted floor systems,
or barns with minimal
bedding and yard
scraped to a liquid
storage
Backgrounders
(7-12.5 months)
3
Shortkeepers
(12.5-17.5 months)
2
Veal
Milk-fed
6
1.1
Slatted floor or slatted
stall systems
Heavily bedded
pack barns
Grain-fed
6
0.8
Goats
Does and bucks (for meat;
includes unweaned offspring
and replacements)
8
0.7
Not applicable
All goat systems
Does and bucks (for dairy;
includes unweaned offspring
and replacements)
8
Kids (dairy or feeder kids)
32
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Livestock/
Manure Type
Livestock/Manure
Description
Number
per
Nutrient
Unit
Factor
A
Manure Type and Storage Description
Liquid Manure
(<18% dry matter)
Factor D = 0.8
Solid Manure
(≥18% dry matter)
Factor D = 0.7
Sheep
Ewes and rams (for meat;
includes unweaned offspring
and replacements)
8
0.7
Not applicable
All sheep systems
Ewes and rams (dairy
operation; includes
unweaned offspring and
replacements)
6
Lambs (dairy or feeder
lambs)
20
Horses
Large-framed, mature;
>681 kg (e.g., draft or draft
cross breeds including
unweaned offspring)
0.7
0.7
Not applicable
All horse systems
Medium-framed, mature;
227-680 kg (e.g., saddle,
riding and racing breeds
including unweaned
offspring)
1
Small-framed, mature;
<227 kg (e.g., ponies
and miniatures including
unweaned offspring)
2
Chickens
Layer hens (for eating eggs;
after transfer from pullet
barn)
150
1.0
Birds in cages, manure
belts, no drying of
manure, water added
Birds in cages, manure
belts and drying, or
floor systems
Layer pullets (day-olds until
transferred into layer barn)
500
0.7
Broiler breeder growers
(males/females transferred
out to layer barn)
300
Not applicable
Bedded floors
Broiler breeder layers
(males/females transferred
in from grower barn)
100
Cage or slatted floor
systems
Broilers on any length
of cycle
24.8 m2
(267 ft2)
floor
area
Bedded floor systems
5. FACTOR TABLES
45
Livestock/
Manure Type
Livestock/Manure
Description
Number
per
Nutrient
Unit
Factor
A
Manure Type and Storage Description
Liquid Manure
(<18% dry matter)
Factor D = 0.8
Solid Manure
(≥18% dry matter)
Factor D = 0.7
Turkeys
Turkey poults (day-old until
transferred to grow-out
turkey barn)
267
0.7
Not applicable
Bedded floor systems
Turkey breeder layers
(males/females transferred
in from grower barn)
67
Breeder toms
45
Broilers (day-olds to 6.2 kg)
133
Hens (day-olds up to
6.2-10.8 kg; 7.5 kg
is typical)
105
Toms (day-olds to over
10.8-20 kg; 14.5 kg
is typical)
75
Turkeys at any other weights,
or if unknown
24.8 m2
(267 ft2)
floor
area
Quail
All quail
24.8 m2
(267 ft2)
floor
area
0.7
Not applicable
Bedded floor systems
Partridge
All partridge
24.8 m2
(267 ft2)
floor
area
Pheasants
All pheasants
24.8 m2
(267 ft2)
floor
area
Squab
All squab
24.8 m2
(267 ft2)
floor
area
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
46
Livestock/
Manure Type
Livestock/Manure
Description
Number
per
Nutrient
Unit
Factor
A
Manure Type and Storage Description
Liquid Manure
(<18% dry matter)
Factor D = 0.8
Solid Manure
(≥18% dry matter)
Factor D = 0.7
Rheas
Adults (includes replacements
and market birds)
13
0.7
Not applicable
Bedded floor systems
Emus
Adults (includes replacements
and market birds)
12
Ostriches
Adults (includes replacements
and market birds)
4
Donkeys
Jacks, jennies, mules,
hinnies (includes unweaned
foals)
2
0.7
Not applicable
All donkey systems
Ducks
Peking
105
0.8
Wire mesh flooring
systems
Bedded floor systems
Muscovy
24.8 m2
(267 ft2)
floor
area
Geese
All geese
24.8 m2
(267 ft2)
floor
area
Rabbits
Breeding females (including
males, replacements and
market animals)
40
0.8
Not applicable
Cage or floor systems
Chinchillas
Breeding females (including
males, replacements and
market animals)
320
Fox
Breeding females (including
males, replacements and
market animals)
25
1.0
Not applicable
Cage system --
manure accumulates
underneath
Mink
Breeding females (including
males, replacements and
market animals)
60
Cage system with
trough system
underneath
Bison
Adults (includes unweaned
calves and replacements)
1.3
0.7
Not applicable
Bedded pack
barns with outside
access OR outside
confinement areas
Feeders (170-477 kg)
4
Llama
Adults (includes unweaned
young and replacements)
5
Feeders (45-86 kg)
16
Alpaca
Adults (includes unweaned
young and replacements)
8
Feeders (23-48 kg)
26
5. FACTOR TABLES
47
Livestock/
Manure Type
Livestock/Manure
Description
Number
per
Nutrient
Unit
Factor
A
Manure Type and Storage Description
Liquid Manure
(<18% dry matter)
Factor D = 0.8
Solid Manure
(≥18% dry matter)
Factor D = 0.7
Wild boar
Breeding age sows (includes
boars, replacements and
weaned piglets to 27 kg)
5
0.7
Not applicable
Bedded pack
barns with outside
access OR outside
confinement areas
Finishing boars (27-86 kg)
7
White tailed
deer
Adults >24 months (including
unweaned offspring)
11
Feeders
21
Red deer
Adults >24 months (including
unweaned offspring)
7
Feeders
14
Elk
Adults >24 months (including
unweaned offspring)
2
Feeders
6
Elk/Deer
hybrids
Adults >24 months (including
unweaned offspring)
4
Feeders
10
Fallow deer
Adults >24 months (including
unweaned offspring)
13
0.7
Not applicable
Bedded pack
barns with outside
access OR outside
confinement areas
Feeders
23
Other
animals
All other animals
Total live
weight of
animals
divided by
453.6 kg
(1,000 lbs)
0.8
All storages with liquid
manure
All storages with
solid manure
Imported
manure
Use the volume of the
manure storage(s)
19.8 m3
(700 ft3)
1.0b
Unoccupied
livestock
barns
A livestock barn that does not
currently house any livestock,
but that housed livestock
in the past and continues
to be structurally sound
and reasonably capable of
housing livestock.
NOTE: This should only
be used where obtaining
information from the farm
operator(s) and/or owner(s)
was not possible (see
Implementation Guideline
#20 for more information).
20 m2 (215
ft2) of area
of livestock
housing
1.0
Not applicable
All unoccupied
livestock barns
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
48
Livestock/
Manure Type
Livestock/Manure
Description
Number
per
Nutrient
Unit
Factor
A
Manure Type and Storage Description
Liquid Manure
(<18% dry matter)
Factor D = 0.8
Solid Manure
(≥18% dry matter)
Factor D = 0.7
Unused
manures
storage for
solids
A manure storage that does
not currently store any solid
manure, but that stored
solid manure in the past and
continues to be structurally
sound and reasonably
capable of storing solid
manure
NOTE: This should only
be used where obtaining
information from the farm
operator(s) and/or owner(s)
was not possible (see
Implementation Guideline
#20 for more information).
19.8 m3
(700 ft3)
of volume
for
storages
with two
or more
walls
1.0
Not applicable
All unused manure
storages for solids
Unused
manures
storage for
liquids
A manure storage that does
not currently store any liquid
manure, but that stored
liquid manure in the past and
continues to be structurally
sound and reasonably
capable of storing liquid
manure.
NOTE: This should only
be used where obtaining
information from the farm
operator(s) and/or owner(s)
was not possible (see
Implementation Guideline
#20 for more information).
19.8 m3
(700 ft3)
of volume
All unused manure
storages for liquids
Not applicable
a. On farms with 100 milking-age cows (dry and milking), there are usually about 20 replacement calves and 80
replacement heifers.
b. Average value for typical types of manures that might be imported to a lot, such as poultry, dairy, beef, swine
or horse.
5. FACTOR TABLES
49
Table 2. Factor B (Nutrient Units factor)
When using Table 2 to determine Factor B, it may be necessary to determine a value for Factor B, which is not
listed in the table. For example, if you determine the total number of Nutrient Units on a lot to be 255 Nutrient
Units, Table 2 only provides a value for Factor B for 250 Nutrient Units and for 260 Nutrient Units, but not
for 255 Nutrient Units. The value of Factor B for 250 Nutrient Units is 435 and the value of Factor B for 260
Nutrient Units is 441. Therefore, to determine Factor B for 255 Nutrient Units select a number between the
numbers 435 and 441. In this example, the value of Factor B for 255 Nutrient Units is 438.
NOTE: When selecting a value for Factor B, do not include more than two decimal places. Interpolated values
with more than two decimal places are rounded accordingly. For example, if an interpolated value for Factor B
is calculated as 499.238, then use a value of 499.24 for Factor B in the MDS calculation.
For operations with fewer than 5 Nutrient Units, do not interpolate, but use a Factor B of 150. For operations
with >5,000 Nutrient Units, refer to the MDS software (AgriSuite) to determine Factor B.
Nutrient
Units
Factor B
5 or
less
150
6
153
7
157
8
160
9
163
10
167
11
170
12
173
13
177
14
180
15
183
16
187
17
190
18
193
19
197
20
200
21
202
22
204
23
206
24
208
25
210
26
212
27
214
28
216
29
218
Nutrient
Units
Factor B
30
220
31
222
32
224
33
226
34
228
35
230
36
232
37
234
38
236
39
238
40
240
41
242
42
244
43
246
44
248
45
250
46
252
47
254
48
256
49
258
50
260
52
264
54
268
56
272
58
276
60
280
Nutrient
Units
Factor B
62
282
64
284
66
285
68
287
70
289
72
291
74
293
76
294
78
296
80
298
82
300
84
301
86
303
88
305
90
307
92
309
94
310
96
312
98
314
100
316
102
318
104
320
106
322
108
324
110
326
112
329
Nutrient
Units
Factor B
114
331
116
333
118
335
120
337
122
339
124
340
126
342
128
344
130
346
135
351
140
355
145
360
150
364
155
368
160
372
165
376
170
380
175
384
180
388
185
392
190
395
195
399
200
402
205
406
210
409
215
413
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
50
Nutrient
Units
Factor B
220
416
225
419
230
423
235
426
240
429
245
432
250
435
260
441
270
447
280
453
290
458
300
464
310
469
320
474
330
480
340
485
350
490
360
494
370
499
380
504
Nutrient
Units
Factor B
390
508
400
513
410
517
420
522
430
526
440
530
450
535
460
539
470
543
480
547
490
551
500
555
520
562
540
570
560
577
580
584
600
591
620
598
640
605
660
611
Nutrient
Units
Factor B
680
618
700
624
750
639
800
654
850
668
900
681
950
694
1,000
707
1,100
731
1,200
753
1,300
775
1,400
795
1,500
815
2,000
870
3,000
980
4,000
1,090
5,000
1,200
>5,000
Refer to
Nutrient
the MDS
Units
software
(AgriSuite)
5. FACTOR TABLES
51
Table 3. Factor C (expansion factor)
When using Table 3 to determine Factor C, it may be necessary to determine a value for Factor C, which is
not listed in the table. For example, the percentage increase at a livestock facility is 155%. Table 3 provides
a value for Factor C for a 150% increase and for a 160% increase, but not for a 155% increase. The value of
Factor C for a 150% increase is 0.9371 and the value of Factor C for a 160% increase is 0.9497. To determine
Factor C for a 155% increase, interpolate between the numbers 0.9371 and 0.9497. In this example, the value
of Factor C for a 155% increase is 0.9434.
NOTE: When selecting a value for Factor C, do not include more than four decimal places. Interpolated values
with more than four decimal places are rounded accordingly. For example, if an interpolated value for Factor C
is calculated as 0.977643, then use a value of 0.9776 for Factor C in the MDS calculation.
For operations with a 0% increase, or a decrease in Nutrient Units, use a value of 0.5000 for Factor C. Do not
interpolate below a value of 0.5000. For operations with a 700% increase or greater, or for a first livestock
facility, use a value of 1.1400 for Factor C. Do not interpolate above a value of 1.1400.
Percent Increase in
Nutrient Units
Factor C
0% increase OR
decrease
0.5000
1%
0.5062
2%
0.5124
3%
0.5186
4%
0.5248
5%
0.5310
6%
0.5372
7%
0.5434
8%
0.5496
9%
0.5558
10%
0.5620
11%
0.5682
12%
0.5744
13%
0.5806
14%
0.5868
15%
0.5930
16%
0.5992
17%
0.6054
18%
0.6116
19%
0.6178
20%
0.6240
21%
0.6302
22%
0.6364
23%
0.6426
Percent Increase in
Nutrient Units
Factor C
24%
0.6488
25%
0.6550
26%
0.6612
27%
0.6674
28%
0.6736
29%
0.6798
30%
0.6860
31%
0.6922
32%
0.6984
33%
0.7046
34%
0.7108
35%
0.7170
36%
0.7232
37%
0.7294
38%
0.7356
39%
0.7418
40%
0.7480
41%
0.7542
42%
0.7604
43%
0.7666
44%
0.7728
45%
0.7790
46%
0.7852
47%
0.7914
48%
0.7976
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
52
Percent Increase in
Nutrient Units
Factor C
49%
0.8038
50%
0.8100
55%
0.8167
60%
0.8230
65%
0.8294
70%
0.8357
75%
0.8420
80%
0.8484
85%
0.8547
90%
0.8610
95%
0.8674
100%
0.8737
105%
0.8800
110%
0.8864
115%
0.8927
120%
0.8990
125%
0.9054
Percent Increase in
Nutrient Units
Factor C
130%
0.9117
135%
0.9180
140%
0.9244
145%
0.9307
150%
0.9371
160%
0.9497
170%
0.9624
180%
0.9751
190%
0.9877
200%
1.0000
300%
1.0280
400%
1.0560
500%
1.0840
600%
1.1120
700% or greater
increase or the first
1.1400
livestock facility on a lot
Table 4. Factor E (encroaching land use factor)
Encroaching Land Use
Factor E
Type A land use (less sensitive; see Implementation Guideline #33)
1.1
Type B land use (more sensitive; see Implementation Guideline #34)
2.2
5. FACTOR TABLES
53
Table 5. Manure Storage Types
Solid manure: 18% dry matter, or more
Liquid manure: <18% dry matter
Storage
Odour
Potential
Manure
Type
Inside or Outside
Livestock Barn
Storage
Type
(to use in
Table 6)
Description of Manure Storages
Very low
Solid
Inside
V1
Solid, inside, bedded pack
(manure accumulates under livestock over time)
Outside
V2
Solid, outside, covered
(cover keeps off precipitation to prevent runoff)
V3
Solid, outside, no cover, ≥30% dry matter
(manure is dry enough that a flowpath option can be
used for runoff control (Nutrient Management Act,
2002))
V4
Solid, outside, no cover, 18%-<30% dry matter,
with covered liquid runoff storage
(manure not dry enough to soak up precipitation,
so a liquid runoff storage is needed; storage has a
permanent, tight-fitting cover)
Liquid
Inside
V5
Liquid, inside, underneath slatted floor
(manure is stored under the animals in the barn)
Outside
V6
Liquid, outside, with a permanent, tight-fitting cover
(negative pressure tarp, concrete lid, inflatable
dome, etc.)
Low
Solid
Outside
L1
Solid, outside, no cover, 18%-<30% dry matter,
with uncovered liquid runoff storage
(manure not dry enough to soak up precipitation,
so a liquid runoff storage needed; it is uncovered,
producing more odour than a V4 storage)
Liquid
L2
Liquid, outside, with a permanent floating cover
(tarps, foam panels, plastic hexagon discs, etc.)
Medium
Liquid
Outside
M1
Liquid, outside, no cover, straight-walled storage
(usually circular or rectangular concrete or
steel storages)
M2
Liquid, outside, roof, but with open sides
(roof keeps off precipitation, but the open sides allow
wind to travel over the manure and carry odours)
High
Liquid
Outside
H1
Liquid, outside, no cover, sloped-sided storage
(earthen manure storages, but NOT earthen runoff
storages associated with a solid manure storage
which are L1)
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
54
Table 6. MDS I and MDS II Setbacks for Manure Storage(s)
When using this table to determine a value for Storage Base Distance 'S', it may be necessary to interpolate
a value. For example, if you determine the value for Building Base Distance 'F' is 106 m, and from Table 5
the livestock facility has a manure storage with an odour potential that is considered medium (M1), note that
Table 6 provides a value for Storage Base Distance 'S' for an M1 Storage with a Building Base Distance 'F'
of 100 m and for an Building Base Distance 'F' of 110 m, but not for a Building Base Distance 'F' of 106 m.
The value of Storage Base Distance 'S' for an M1 Storage with a Building Base Distance 'F' of 100 m, is
190 m. The value of Storage Base Distance 'S' for an M1 Storage with a Building Base Distance 'F' of 110 m,
is 199 m. Therefore, to determine the value of Storage Base Distance 'S' for an M1 Storage, with an Building
Base Distance 'F' of 106 m, interpolate between the numbers 190 and 199. In this example, the value of
Storage Base Distance 'S' for an M1 Storage, with a Building Base Distance 'F' of 106 m is 195.4 m.
This value is rounded to the nearest whole number -- 195 m.
NOTE: When selecting a value for Storage Base Distance 'S' do not include any decimal places. Interpolated
values with decimal places are rounded accordingly. For example, if an interpolated value for Storage Base
Distance 'S' is calculated as 202.83 m, then use a value of 203 m for Storage Base Distance 'S'.
In all instances, where Building Base Distance 'F' exceeds 1,000 m, then the Storage Base Distance 'S' will
be the same value as 'F'.
Building Base
Distance 'F'
(metres)
Storage Base Distance 'S' (metres)
Very Low
Odour Storages
V1 to V6
Low
Odour Storages
L1 to L2
Medium
Odour Storages
M1 to M2
High
Odour Storages
H1
40
40
64
136
232
50
50
74
145
240
60
60
84
154
248
70
70
93
163
256
80
80
103
172
264
90
90
113
181
272
100
100
123
190
280
110
110
132
199
288
120
120
142
208
296
130
130
152
217
304
140
140
162
226
312
150
150
171
235
320
160
160
181
244
328
170
170
191
253
336
180
180
201
262
344
190
190
210
271
352
200
200
220
280
360
210
210
230
289
368
220
220
240
298
376
230
230
249
307
384
5. FACTOR TABLES
55
Building Base
Distance 'F'
(metres)
Storage Base Distance 'S' (metres)
Very Low
Odour Storages
V1 to V6
Low
Odour Storages
L1 to L2
Medium
Odour Storages
M1 to M2
High
Odour Storages
H1
240
240
259
316
392
250
250
269
325
400
260
260
279
334
408
270
270
288
343
416
280
280
298
352
424
290
290
308
361
432
300
300
318
370
440
310
310
327
379
448
320
320
337
388
456
330
330
347
397
464
340
340
357
406
472
350
350
366
415
480
360
360
376
424
488
370
370
386
433
496
380
380
396
442
504
390
390
405
451
512
400
400
415
460
520
420
420
435
478
536
440
440
454
496
552
460
460
474
514
568
480
480
493
532
584
500
500
513
550
600
600
600
610
640
680
800
800
805
820
840
1,000
1,000
1,000
1,000
1,000
>1,000 m
Storage Base Distance 'S' is the same as Building Base Distance 'F'
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
56
57
6. CALCULATION FORMS
6.1 MDS I Calculation Form
Introduction
Implementation Guidelines #2 through #5 and #7 through #15 provide direction on the types of applications
and situations which generally trigger the need to complete an MDS I setback calculation(s).
Generally, the preferred method for calculating MDS setbacks is to use the software provided by OMAFRA
(AgriSuite). However, on occasions where a 'by hand' calculation is preferred or the software is not available,
the following information is intended to assist with the calculation of MDS I setbacks. It is not intended to
detract or add to the information found in specific Implementation Guidelines or tables located in Sections 4
and 5 of this MDS Document.
MDS I setbacks are calculated for each livestock facility that may be reasonably impacted by the proposed
Planning Act, 1990, application or building permit application. MDS I setbacks for anaerobic digesters do
not need to be calculated, but are required in accordance with Implementation Guideline #22. In some
circumstances, a proposed development or dwelling may only trigger one MDS I setback if there is only one
livestock facility in the vicinity. In circumstances where there are multiple livestock facilities in the vicinity,
multiple MDS I calculations are necessary.
Implementation Guideline #6 provides direction on conducting MDS I calculations. It states that as part of
municipal consideration of planning or building permit applications, existing livestock facilities or anaerobic
digesters within a 750 m distance of Type A applications and within a 1,500 m distance of Type B applications
shall be investigated, and MDS I setback calculations undertaken where warranted. In circumstances where
large livestock facilities (e.g., >1,200 Nutrient Units) exist beyond the 750 m or 1,500 m study area, MDS I
setbacks from these facilities should also be calculated.
Steps 1 and 2 are completed once for any given application. Steps 3 through 14 are repeated for each
livestock facility for which an MDS I setback is required.
Step 1: Data Collection -- Applicant Contact Information
Fill in the pertinent contact information for the applicant. If all of this information is not available, include
sufficient information so that the applicant can be identified and contacted if necessary.
Contact Information -- Applicant
First name
Last name
Company/organization (if applicable)
Agent (if applicable)
Mailing address
City/town
Province
Postal code
Telephone number
Alternative telephone number
Fax number
Email
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
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Step 2: Data Collection -- Location and Description of the Proposed Application
Fill in the pertinent information regarding the proposed application. If all of this information is not available,
include sufficient information to identify if the proposed application involves a settlement area boundary
expansion and if the proposal is a Type A or Type B land use.
Location and Description of the Proposed Application
Upper tier/single tier municipality
Lower tier municipality (if applicable)
Lot
Concession
911 number
Roll number
Application type
(e.g., building permit, plan of
subdivision, rezoning, official plan
amendment, etc.)*
General description of the proposed
application*
*Indicates information required to complete an MDS I calculation
Step 3: Data Collection -- Contact Information for the Surrounding Livestock Facility
Fill in the pertinent contact information for the farmer or the owner of the surrounding livestock facility. If all
of this information is not available, include sufficient information so that the farm owner or operator can be
identified and contacted if necessary.
Contact Information -- Farm Owner or Operator
First name
Last name
Company/organization (if applicable)
Agent (if applicable)
Mailing address
City/town
Province
Postal code
Telephone number
Alternative telephone number
Fax number
Email
6. CALCULATION FORMS
59
Step 4: Data Collection -- Location of the Livestock Facility
Fill in the pertinent information regarding the location of the livestock facility. If all of this information is not
available, include sufficient information so that the livestock facility can be located if required. NOTE: It is
important to know the size of the lot on which the livestock facility is located.
Location of the Livestock Facility
Upper tier/single tier municipality
Lower tier municipality (if applicable)
Lot number
Concession
911 number
Roll number
Size of lot where livestock facility is
located (indicate acres or hectares)*
*Indicates information required to complete an MDS I calculation
Step 5: Data Collection -- Information Regarding the Livestock Facility
Gather the pertinent information regarding the livestock facility that is required to complete the MDS
calculation in the following steps. Often, the operator of the livestock facility is the best contact to obtain this
information.
A livestock facility may have two components:
1. livestock barn(s), with associated manure storage(s)
2. imported manure storage(s)
An anaerobic digester may also be present on the lot. The type and amount of information needed will depend
on the nature of the specific livestock facility, which components are present and whether there is an anaerobic
digester on the lot.
If the livestock facility includes a livestock barn, gather information on the animal housing including information
on all the types of livestock housed, the barn's capacity for each type of livestock and the manure system used
in the barn (see Table 1).
If the barn is presently empty, but the type of livestock housed and capacity can be reasonably estimated
by one or more of the parties involved, use this approach and note that the barn's capacity is estimated.
However, if the barn is empty and its capacity cannot be readily estimated by one or more of the parties
involved, then record the information for an unoccupied livestock barn as found in Table 1.
Typically, a livestock facility with a livestock barn will include at least one manure storage, but it is possible to
have a livestock barn without one. If present, identify the type of manure storage at the livestock facility (see
Table 6). If more than one type of manure storage is present, identify each different type. If the manure storage
is unused, but the type of livestock and the capacity for the barn was estimated, then indicate the type of
manure storage. However, if the manure storage is unused, and the information for an unoccupied livestock
barn was used to determine the capacity for the livestock barn, then proceed to identify the manure storage
type. Enter information for a solid or liquid unused manure storage as per Table 1.
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If the livestock facility includes an imported manure storage, gather information on the size of the manure
storage and type of manure stored (i.e., solid or liquid). As well, identify the appropriate manure storage type
(see Table 6). If more than one type of imported manure storage is present, identify each different type.
If there is an anaerobic digester on the lot simply record this information as no additional detailed information
is required.
To assist with this step, Implementation Guideline #16 provides direction on obtaining information to calculate
MDS setbacks. A sample MDS I Data Collection Form is provided in Section 6.
Step 6: Livestock/Manure Types and Descriptions Housed and/or Stored
On Calculation Form A, identify all livestock/manure types that are housed and/or stored as part of the livestock
facility, based on the information provided by the farm operator in Step 5. Table 1 provides a listing of all types
of livestock. For each type of livestock/manure complete a separate row in Form A. For each row and each
livestock/manure type, rely on Table 1 for information regarding description, 'number/NU' and manure type.
1. In Cell A2, identify the type of livestock (e.g., dairy).
2. In Cell B2, identify the appropriate description for the livestock (e.g., milking-age cows (dry or milking)
large-framed (e.g., Holsteins)).
3. NOTE: There is no description for imported manure, therefore Cell B2 would remain blank.
4. In Cell C2, record the 'number/NU' from Table 1 (e.g., 0.7).
5. In Cell D2, identify the manure type (e.g., liquid). If Table 1 provides more than one option for manure
type (i.e., both liquid and solid are options), indicate which type is present or proposed, based on
information supplied by the farm operator.
6. Enter the existing maximum number of livestock that can be housed, or maximum area that can be
used to house livestock or the maximum volume of manure that can be stored in Cell E2 based on
information supplied by the farm operator. The value entered should be the maximum capacity of the
livestock barn or manure storage for that type of livestock or manure and not the present number or
area of livestock housed or present volume of manure stored.
7. Repeat this step for each type of livestock/manure that exists using rows 3 through 6 as needed.
If more than five types of livestock (and imported manure) are currently, or will be housed, add
additional rows to the table. For some types of livestock more than one row will be needed if the
operation houses more than one description of livestock. For example, a dairy operation that houses
milking-age cows, heifers and calves would need three rows, one for each description.
8. For unoccupied livestock barns, where the livestock type that can be housed is known, or can
reasonably be estimated by one or more of the parties involved, enter that livestock type and capacity
for the empty facility. This information can be obtained from the farm owner. However, where the
livestock type that can be housed in the unoccupied livestock barn is unknown, or reliable information
is unavailable, complete Calculation Form A using the unoccupied livestock barn option provided in
Table 1 and described further in Implementation Guideline #20. Follow a similar process for unused
manure storages as described in Implementation Guideline #21.
6. CALCULATION FORMS
61
MDS I -- CALCULATION FORM A
A
B
C
D
E
F
G
H
1
Livestock/
Manure
Type
Livestock/
Manure
Description
Number/NU (number of
livestock or m2 or m3)
Manure
Type
(solid or
liquid)
Existing Maximum
Number of Livestock
(or m2 or m3)
Existing Maximum Number
of Nutrient Units
Factor A
Value
Factor D
Value
2
3
4
5
6
MDS I -- CALCULATION FORM B
A
B
1
Design capacity
Nutrient Units
2
Final Factor A
3
Final Factor D
4
Land use type
5
Final Factor E
Step 7: Convert Livestock/Manure Information to Nutrient Units
1. For each livestock/manure type and description outlined on Calculation Form A, calculate how many
Nutrient Units are associated with the livestock facility. Determine this by taking the existing maximum
number of livestock that can be housed, or maximum area that can be used to house livestock, or the
maximum volume of manure that can be stored in Cell E2 and divide it by the 'Number/NU' in Cell C2.
Record this new value in Cell F2. If necessary, repeat this step for each type of livestock/manure
identified.
2. Next calculate the design capacity of all livestock facilities on the lot. To determine the design capacity
as expressed in Nutrient Units, add values in Cells F2 through F6 on Calculation Form A and record
this value in Cell B1 on Calculation Form B.
Step 8: Factor A
1. For each livestock/manure type and description outlined on Calculation Form A, determine the value
of Factor A. For the livestock/manure type described in Cells A2 and B2, enter the value of Factor A
from Table 1 in Cell G2 on Calculation Form A. For example, if Cells A2 and B2 describe dairy cattle,
milking-age cows, large-framed (e.g., Holsteins), record the value 0.7 in Cell G2. If necessary, repeat
this step for each type of livestock/manure identified.
2. Review Cells G2 through G6. For cells where there is a recorded value for Factor A, if the value for
Factor A is the same in every cell, then enter this value in Cell B2 on Calculation Form B. If there
is more than one value for Factor A in Cells G2 through G6 on Calculation Form A, then it is necessary
to calculate a weighted average for Factor A. For example, if dairy cattle milking-age cows, heifers
and calves are recorded, there is no need to calculate a weighted average for Factor A, as the value
of Factor A (i.e., 0.7) is the same for all three types of livestock. Similarly, if horses are recorded
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(large-framed) and sheep (lambs), there is no need to calculate a weighted average for Factor A, as
the value of Factor A (i.e., 0.7) is the same for both types of livestock. However, if sheep (lambs) and
rabbits are recorded, calculate a weighted average for Factor A, as the value of Factor A is different for
these types of livestock.
3. To calculate a weighted average for Factor A, see Implementation Guideline #30, and use the values
for Factor A recorded in Cells G2 through G6 and the number of Nutrient Units recorded in Cells F2
through F6. When calculating a weighted average, the value of Factor A should not include more than
two decimal places and may need to be rounded accordingly. Record the weighted average for Factor A
in Cell B2 on Calculation Form B.
Step 9: Factor D
1. For each livestock/manure type and description outlined on Calculation Form A, determine the value
of Factor D. For the manure type described in Cell D2 enter the value of Factor D from Table 1 in Cell
H2. For example, if Cell D2 says liquid manure, record the value 0.8 in Cell H2. If necessary, repeat
this step for each type of livestock/manure identified.
2. Review Cells H2 through H6. For cells where a value is recorded for Factor D, if the value for Factor D is
the same in every cell, then enter this value on Calculation Form B, Cell B3. If there is more than one
value for Factor D in Cells H2 through H6 on Calculation Form A, then it is necessary to calculate a
weighted average for Factor D.
For example, if solid manure for all types of livestock is recorded in the Calculation Form, there is no
need to calculate a weighted average for Factor D, as the value of Factor D (i.e., 0.7) is the same for
all types of livestock. However, if there is a record for both solid manure and liquid manure for various
types of livestock on Calculation Form A, calculate a weighted average for Factor D as the type of
manure is different for these types of livestock.
3. To calculate a weighted average for Factor D, see Implementation Guideline #31, and use the values
for Factor D recorded in Cells H2 through H6 and the number of Nutrient Units recorded in Cells G2
through G6 on Calculation Form A. When calculating a weighted average, the value of Factor D should
not include more than two decimal places and may need to be rounded accordingly. Record the
weighted average for Factor D in Cell B3 on Calculation Form B.
Step 10: Factor E
1. Now determine Factor E which is based on the type of land use that is proposed as part of the land
use planning or building permit application. Based on the information provided by the applicant in Step
2, as well as on direction found in Implementation Guidelines #33 and #34, determine if the proposed
use is a Type A or Type B land use. Implementation Guidelines #35 through #38, and direction in local
planning documents, may also help in determining if the proposed land use is a Type A or Type B
land use.
2. On Calculation Form B, in Cell B4, record if the proposed land use is a Type A or Type B land use. If
the proposed use is a Type A land, use Table 4 to enter a value of 1.1 in Cell B5 on Calculation Form
B. If the proposed use is a Type B land, use Table 4 to enter a value of 2.2 in Cell B5 on Calculation
Form B.
6. CALCULATION FORMS
63
Step 11: Factor B
1. Next determine Factor B which is based on the design capacity for the livestock facility expressed
in Nutrient Units, in combination with the size of the lot on which the livestock facility is located as a
consideration for the potential future expansion of the livestock facility. If based on Step 2 and Step
10, it is determined that the proposed application is for a settlement area expansion (Type B land use),
or if the lot is ≤5 ha, then take the value of the design capacity for the livestock facility expressed in
Nutrient Units found on MDS I Calculation Form B, Cell B1. and record this in Cell B6 on MDS I
Calculation Form C and skip to #7 below. If the proposed application is not for a settlement area
expansion, take the value of design capacity for the livestock facility found on MDS I Calculation Form
B, Cell B1, and record this in Cell B1 on MDS I Calculation Form C.
2. Based on the information provided in Step 4 by the farm operator or other reliable source, record in
Cell B2 on Calculation Form C the lot size (in hectares or acres) of the lot on which the livestock facility
is located. Do not enter the size of the entire farm operation; instead only consider the lot on which the
livestock facility is located. For example, if a farm operation comprised 200 ha in its entirety, but the
livestock facility is located on a 40 ha conveyable lot, record the 40 ha.
3. If the design capacity recorded in Cell B1 on MDS I Calculation Form B exceeds 125 Nutrient Units
(NU), then record the applicable cap size in Cell B3 on Calculation Form C. If the design capacity does
not exceed 125 NU, then indicate "Not Applicable" in Cell B3 on Calculation Form C. If the design
capacity exceeds 125 NU, then determine the appropriate cap size based on the lot size recorded in
Cell B2.
4. If the lot size recorded in Cell B2 is ≤5 ha, then record the phrase "Not Applicable" in Cell B3. If the lot
size recorded in Cell B2 is >5 ha, but ≤25 ha, record a value of 300 in Cell B3. If the lot size recorded
in Cell B2 is >25 ha, but ≤50 ha, record a value of 450 in Cell B3. If the lot size recorded in Cell B2 is
>50 ha, record a value of 600 in Cell B3.
5. Determine the multiplication factor used to calculate the potential design capacity for the livestock
facility as expressed in Nutrient Units, described in Implementation Guideline #26. To do this, use
MDS I Calculation Form D which is derived from the table found in Implementation Guideline #26. Take
the design capacity found in Cell B1 on Calculation Form C, cross reference that with the lot size found
in Cell B2 on Calculation Form C and use these two values to determine the appropriate multiplication
factor using Calculation Form D. Enter the value of the multiplication factor in Cell B4.
For example, if the design capacity found in Cell B1 equals 15 NU and the lot size found in Cell B2
equals 20 ha, using Calculation Form D, enter a value of 2 in Cell B4 on Calculation Form C. If the
design capacity found in Cell B1 equals 200 NU and the lot size found in Cell B2 equals 40 ha, using
Calculation Form D, enter a value of 3 in Cell B4 on Calculation Form C. If the design capacity found in
Cell B1 equals 5 NU and the lot size found in Cell B2 equals 55 ha, using Calculation Form D, enter a
value of 1 in Cell B4 on Calculation Form C, etc.
6. Now take the value in Cell B1 on Calculation Form C and multiple it by the value in Cell B4 on
Calculation Form C and enter the result in Cell B5 on Calculation Form C. For example, if the value in
Cell B1 is 80 NU and the value in Cell B4 is 3, enter 240 NU in Cell B5.
7. Next, determine if the value in Cell B5 on Calculation Form C exceeds the cap size. If Cell B3 on
Calculation Form C says "Not Applicable", enter the value from Cell B5 into Cell B6 on Calculation Form
C. If Cell B3 on Calculation Form C contains a numeric value (i.e., 300, 450 or 600), compare this to
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
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the value found in Cell B5 on Calculation Form C. If the value in Cell B5 is less than the value in Cell
B3, enter the value found in Cell B5 into Cell B6 on Calculation Form C.
For example, if Cell B5 has a value of 240 NU and Cell B3 has a value of 300 NU, then enter a value of
240 NU in Cell B6. If the value in Cell B5 is equal to or greater than the value in Cell B3, enter the
value found in Cell B3 into Cell B6 on Calculation Form C. For example, if Cell B5 has a value of
320 NU and Cell B3 has a value of 300 NU, then enter a value of 300 NU in Cell B6.
8. The value in Cell B6 is the potential design capacity for the livestock facility as expressed in Nutrient
Units and is used to determine Factor B. Use this number to determine Factor B from Table 2 by
looking up the value of Factor B in Table 2 based on the potential design capacity. In some cases, it is
necessary to interpolate Factor B from Table 2, when the exact value is not specifically identified in
Table 2. Implementation Guideline #26 provides more specific direction on Factor B, and information
on interpolation and rounding can be found in the text accompanying Table 2.
9. Once the value of Factor B is determined, record this number in Cell B7 on Calculation Form C.
MDS I -- CALCULATION FORM C
A
B
1
Design capacity
Nutrient Units
2
Lot size
Hectares
3
Cap size (if applicable)
4
Multiplication factor
(from Implementation Guideline #26
and Calculation Form D)
5
Multiplication factor multiplied by
design capacity
Nutrient Units
6
Potential design capacity
Nutrient Units
7
Final Factor B
MDS I -- CALCULATION FORM D
Design Capacity of
Livestock Facility
(NU)
Total Lot Size
≤5 ha
Total Lot Size
>5 ha, but ≤25
Total Lot Size
>25 ha, but ≤50 ha
Total Lot Size
>50 ha
≤5 NU
1
1
1
1
>5 NU, but ≤25 NU
1
2
2
2
>25 NU, but
≤125 NU
1
2
3
3
>125 NU
1
2
3
3
6. CALCULATION FORMS
65
Step 12: Calculate Building Base Distance 'F
1. To calculate Building Base Distance 'F', enter the value for:
- Factor A (found on Calculation Form B, Cell B2) into Cell A2 on Calculation Form E
- Factor B (found on Calculation Form C, Cell B7) into Cell B2 on Calculation Form E
- Factor D (found on Calculation Form B, Cell B3) into Cell C2 on Calculation Form E
- Factor E (found on Calculation Form B, Cell B5) into Cell D2 on Calculation Form E
2. Calculate Building Base Distance 'F' by multiplying Factor A, Factor B, Factor D and Factor E. In other
words, multiply the values in Cells A2, B2, C2 and D2 together and enter this result in Cell E2 on
Calculation Form E.
MDS I -- CALCULATION FORM E
A
B
C
D
E
1
Factor A
Factor B
Factor D
Factor E
Building Base
Distance 'F'
2
Step 13: Determine Storage Base Distance 'S'
1. Enter Building Base Distance 'F' as found in Calculation Form E, Cell E2, in Calculation Form F, Cell B1.
If the livestock facility does not have a manure storage, enter a value of 0 in Cell B3, Storage Base
Distance, on Calculation Form F. If the livestock facility does have a manure storage, proceed to
determining Storage Base Distance 'S' starting with Table 5. Compare the 11 types of manure storages
described in Table 5 (i.e., V1, V2, V3, V4, V5, V6, L1, L2, M1, M2 and H1) with the information provided
by the farm operator regarding the livestock facility (Step 5). Select the manure storage type that best
fits the application. The manure storage type selected should also reflect the value of Factor D used in
the calculation.
For example, if Factor D in the calculation is based on solid manure (value of 0.7) it is not appropriate
to select the V6 manure storage type. Enter the manure storage type (e.g., V6) in Cell B2 on Calculation
Form F. If more than one type of manure storage is present, select the manure storage type with the
highest odour potential. For example, if a livestock facility has both a V6 and a H1 manure storage,
enter H1 in Cell B2 on Calculation Form F.
2. Use the manure storage type (Cell B2 on Calculation Form F) and the Building Base Distance 'F' (Cell
B1 on Calculation Form F) and determine the value of Storage Base Distance 'S' from Table 6 by
looking up the value of the Storage Base Distance 'S' based on these two numbers. In some
cases, it will be necessary to interpolate Storage Base Distance 'S' from Table 6 when the actual
distance is not specifically identified in Table 6. Information on interpolation and rounding can be found
in the text accompanying Table 6.
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MDS I -- CALCULATION FORM F
A
B
1
Building Base Distance 'F'
2
Manure Storage Type (Table 5)
3
Storage Base Distance 'S' (Table 6)
Step 14: Final MDS I Setbacks
1. The calculation of MDS I setbacks is now complete. The value in Cell B1 on MDS I Calculation Form F
is the required MDS I setback between the proposed development or dwelling (i.e., planning or building
permit application respectively) and the existing livestock barn.
2. The value in Cell B3 on MDS I Calculation Form F is the required MDS I setback between the proposed
development or dwelling and the existing manure storage. If in Step 5 there was an anaerobic digester
present on the lot, the MDS I setback between the proposed development or dwelling and all
components of the anaerobic digester is 200 m for a Type A land use, and 450 m for a Type B land
use (see Implementation Guideline #22).
3. Now apply these MDS I setbacks to the proposed development or dwelling as appropriate.
Implementation Guidelines #39 through #41 provide information on the measurement of MDS
setbacks. Implementation Guidelines #42 and #43 provide information on reducing and varying MDS
setbacks. Repeat Steps 3 through 14 if MDS I setbacks are required for other livestock facilities.
6. CALCULATION FORMS
67
6.2 MDS I Sample Data Collection Form
Information Regarding the Existing Facilities
Facility Type
Present on the Lot?
(yes or no)
Chart Sections to Complete
Livestock barn and/or
manure storage
If yes, complete Section A
Imported manure storage
If yes, complete Section B
Anaerobic digester
No additional information required
Section A
Livestock
1. Enter livestock information below.
2. If the barn is empty, but livestock type and capacity can be reasonably estimated by one or more of
the parties involved enter information below, and indicate that the capacity was estimated.
3. If the barn is empty, and capacity cannot be reasonably estimated by one or more of the parties
involved, then proceed to the bottom of the livestock type list, and enter information for an
unoccupied livestock barn.
Livestock
Type
Livestock Description
Number of
Livestock
or Area
Unit
Manure System
(indicate solid
or liquid if no
default provided)
Estimate for
an Empty
Barn?
(yes or no)
Alpacas
Adults (includes unweaned young
and replacements)
Number of
livestock
Solid
Feeders (23-48 kg)
Number of
livestock
Solid
Beef
Cows, including calves to weaning
(all breeds)
Number of
livestock
Solid
Feeders (7-16 months)
Number of
livestock
Backgrounders (7-12.5 months)
Number of
livestock
Shortkeepers (12.5-17.5 months)
Number of
livestock
Bison
Adults (includes unweaned calves
and replacements)
Number of
livestock
Solid
Feeders (170-477 kg)
Number of
livestock
Solid
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Livestock
Type
Livestock Description
Number of
Livestock
or Area
Unit
Manure System
(indicate solid
or liquid if no
default provided)
Estimate for
an Empty
Barn?
(yes or no)
Chicken
Layer hens (for eating eggs; after
transfer from pullet barn)
Number of
livestock
Layer pullets (day-olds until
transferred into layer barn)
Number of
livestock
Broiler breeder growers (males/
females transferred out to layer
barn)
Number of
livestock
Solid
Broiler breeder layers (males/
females transferred in from
grower barn)
Number of
livestock
Solid
Broilers on any length of cycle use
the floor area of the livestock barn
m2 or ft2
Solid
Chinchillas
Breeding females (including
males, replacements and market
animals)
Number of
livestock
Solid
Dairy
Milking-age cows (dry or milking);
large-framed; 545-658 kg
(e.g., Holsteins)
Number of
livestock
Milking-age cows (dry or milking);
medium-framed; 455-545 kg
(e.g., Guernseys)
Number of
livestock
Milking-age cows (dry or milking);
small-framed; 364-455 kg
(e.g., Jerseys)
Number of
livestock
Heifers (5 months to freshening);
large-framed; 182-545 kg (e.g.,
Holsteins)
Number of
livestock
Dairy
Heifers (5 months to freshening);
medium-framed; 148-455 kg
(e.g., Guernseys)
Number of
livestock
Heifers (5 months to freshening);
small-framed; 125-364 kg
(e.g., Jerseys)
Number of
livestock
Calves (0-5 months); large-
framed; 45-182 kg
(e.g., Holsteins)
Number of
livestock
Calves (0-5 months); medium-
framed; 39-148 kg
(e.g., Guernseys)
Number of
livestock
Calves (0-5 months); small-
framed; 30-125 kg (e.g., Jerseys)
Number of
livestock
6. CALCULATION FORMS
69
Livestock
Type
Livestock Description
Number of
Livestock
or Area
Unit
Manure System
(indicate solid
or liquid if no
default provided)
Estimate for
an Empty
Barn?
(yes or no)
White tailed
deer
Adults >24 months (including
unweaned offspring)
Number of
livestock
Solid
Feeders
Number of
livestock
Solid
Red deer
Adults >24 months (including
unweaned offspring)
Number of
livestock
Solid
Feeders
Number of
livestock
Solid
Elk
Adults >24 months (including
unweaned offspring)
Number of
livestock
Solid
Feeders
Number of
livestock
Solid
Elk/deer
hybrids
Adults >24 months (including
unweaned offspring)
Number of
livestock
Solid
Feeders
Number of
livestock
Solid
Fallow deer
Adults >24 months (including
unweaned offspring)
Number of
livestock
Solid
Feeders
Number of
livestock
Solid
Donkey
Jacks, jennies, mules, hinnies
(includes unweaned foals)
Number of
livestock
Solid
Ducks
Muscovy (use the floor area of the
livestock barn)
m2 or ft2
Peking
Number of
livestock
Emu
Adults (includes replacements and
market birds)
Number of
livestock
Solid
Fox
Breeding females (including
males, replacements and market
animals)
Number of
livestock
Solid
Geese
Use the floor area of the livestock
barn
m2 or ft2
Goats
Does and bucks (for meat;
includes unweaned offspring and
replacements)
Number of
livestock
Solid
Does and bucks (for dairy;
includes unweaned offspring and
replacements)
Number of
livestock
Solid
Kids (dairy or feeder kids)
Number of
livestock
Solid
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Livestock
Type
Livestock Description
Number of
Livestock
or Area
Unit
Manure System
(indicate solid
or liquid if no
default provided)
Estimate for
an Empty
Barn?
(yes or no)
Horses
Large-framed, mature; >681 kg
(e.g., draft or draft cross breeds
including unweaned offspring)
Number of
livestock
Solid
Medium-framed, mature;
227-680 kg (e.g., saddle, riding
and racing breeds including
unweaned offspring)
Number of
livestock
Solid
Small-framed, mature; <227 kg
(e.g., ponies and miniatures
including unweaned offspring)
Number of
livestock
Solid
Llama
Adults (includes unweaned young
and replacements)
Number of
livestock
Solid
Feeders (45-86 kg)
Number of
livestock
Solid
Mink
Breeding females (including
males, replacements and market
animals)
Number of
livestock
Ostriches
Adults (includes replacements and
market birds)
Number of
livestock
Solid
Partridge
Use floor area of the livestock barn
m2 or ft2
Solid
Pheasants
Use floor area of the livestock barn
m2 or ft2
Solid
Quail
Use floor area of the livestock barn
m2 or ft2
Solid
Rabbits
Breeding females (including
males, replacements and market
animals)
Number of
livestock
Solid
Rheas
Adults (includes replacements and
market birds)
Number of
livestock
Solid
Sheep
Ewes and rams (for meat;
includes unweaned offspring and
replacements)
Number of
livestock
Solid
Ewes and rams (dairy operation;
includes unweaned offspring and
replacements)
Number of
livestock
Solid
Lambs (dairy or feeder lambs)
Number of
livestock
Solid
Squab
(pigeon)
Use the floor area of the livestock
barn
m2 or ft2
Solid
6. CALCULATION FORMS
71
Livestock
Type
Livestock Description
Number of
Livestock
or Area
Unit
Manure System
(indicate solid
or liquid if no
default provided)
Estimate for
an Empty
Barn?
(yes or no)
Swine
Sows with litter, dry sows or boars
Number of
livestock
Breeder gilts (entire barn designed
specifically for this purpose)
Number of
livestock
Weaners (7-27 kg)
Number of
livestock
Feeders (27-136 kg)
Number of
livestock
Turkey
Turkey poults (day-old until
transferred to grow-out turkey barn)
Number of
livestock
Solid
Turkey breeder layers (males/
females transferred in from
grower barn)
Number of
livestock
Solid
Breeder toms
Number of
livestock
Solid
Broilers (day-olds to 6.2 kg)
Number of
livestock
Solid
Hens (day-olds up to 6.2-
10.8 kg; 7.5 kg is typical)
Number of
livestock
Solid
Toms (day-olds to over 10.8-
20 kg; 14.5 kg is typical)
Number of
livestock
Solid
Turkeys at any other weights, or if
unknown use the floor area of the
livestock barn
m2 or ft2
Solid
Veal
Milk-fed
Number of
livestock
Grain-fed
Number of
livestock
Wild boar
Breeding age sows (includes
boars, replacements and weaned
piglets up to 27 kg)
Number of
livestock
Solid
Finishing boars (27-86 kg)
Number of
livestock
Solid
Other
Other animals not listed in this
table
Enter total
weight of
livestock
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
72
Livestock
Type
Livestock Description
Number of
Livestock
or Area
Unit
Manure System
(indicate solid
or liquid if no
default provided)
Estimate for
an Empty
Barn?
(yes or no)
Unoccupied
livestock
barns
A livestock barn that does not
currently house any livestock, but
that housed livestock in the past
and continues to be structurally
sound and reasonably capable of
housing livestock
m2 or ft2;
where
obtaining
information
from the farm
operator(s)
and/or
owner(s)
was not
possible (see
implementa-
tion Guideline
#20 for more
information)
Manure Storages
1. Identify the appropriate manure storage type from the list below; if more than one type of manure
storage is present identify all types that are applicable. The types of manure storages selected should
reflect the types of manure systems associated with each livestock type identified above (e.g., if dairy
housing based on liquid manure was identified above, then select a liquid manure storage from below).
2. If the manure storage is unused, but the livestock type and capacity for the barn were estimated in the
previous section, then indicate the type of manure storage.
3. If the manure storage is unused, and in the section above, unoccupied livestock barn was used to
determine capacity, then proceed to identify the manure storage type. Enter the information for a solid
or liquid unused manure storage.
Manure
Storage Type
Manure Storage Description
Present
on the Lot?
(yes or no)
V1
Solid, inside, bedded pack (manure accumulates under livestock over time)
V2
Solid, outside, covered (cover keeps off precipitation to prevent runoff)
V3
Solid, outside, no cover, ≥30% dry matter (manure is dry enough that a flowpath
option can be used for runoff control (Nutrient Management Act, 2002)
V4
Solid, outside, no cover, 18%-<30% dry matter, with covered liquid runoff storage
(manure not dry enough to soak up precipitation, so a liquid runoff storage needed,
but it has a permanent, tight-fitting cover)
V5
Liquid, inside, underneath slatted floor (manure is stored under the animals in the barn)
6. CALCULATION FORMS
73
Manure
Storage Type
Manure Storage Description
Present
on the Lot?
(yes or no)
V6
Liquid, outside, with a permanent, tight-fitting cover (negative pressure tarp, concrete
lid, inflatable dome, etc.)
L1
Solid, outside, no cover, 18%-<30% dry matter, with uncovered liquid runoff storage
(manure not dry enough to soak up precipitation, so a liquid runoff storage needed,
but it is uncovered, producing more odour than in V4)
L2
Liquid, outside, with a permanent floating cover (tarps, foam panels, etc.)
M1
Liquid, outside, no cover, straight-walled storage (usually circular or rectangular
concrete or steel storages)
M2
Liquid, outside, roof, but with open sides (roof keeps off precipitation, but the open
sides allow wind to travel over the manure and carry odours)
H1
Liquid, outside, no cover, sloped-sided storage (earthen manure storages, but NOT
earthen runoff storages associated with a solid manure storage which are L1)
Unused
Manure
Storage Type
Manure Storage Description
Total
Volume
Units
Solid unused
manure
storage
A manure storage that does not currently store any solid manure, but that
stored solid manure in the past and continues to be structurally sound and
reasonably capable of storing solid manure
m3 or ft3
Liquid unused
manure
storage
A manure storage that does not currently store any liquid manure, but that
stored liquid manure in the past and continues to be structurally sound
and reasonably capable of storing liquid manure
m3 or ft3
Section B
Imported Manure
1. Indicate the volume of the manure storage in cubic metres or cubic feet.
2. Indicate the type of manure stored (solid or liquid).
3. Identify the appropriate manure storage type from the list below; if more than one type of manure
storage is present identify all types that are applicable.
Manure storage volume (m3 or ft3)
Type of manure stored (solid or liquid)
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
74
Manure
Storage Type
Manure Storage Description
Present
on the Lot?
(yes or no)
V1
Solid, inside, bedded pack (manure accumulates under livestock over time)
V2
Solid, outside, covered (cover keeps off precipitation to prevent runoff)
V3
Solid, outside, no cover, ≥30% dry matter (manure is dry enough that a flowpath
option can be used for runoff control (Nutrient Management Act, 2002))
V4
Solid, outside, no cover, 18%-<30% dry matter, with covered liquid runoff storage
(manure not dry enough to soak up precipitation, so a liquid runoff storage needed,
but it has a permanent, tight-fitting cover)
V5
Liquid, inside, underneath slatted floor (manure is stored under the animals in the
barn)
V6
Liquid, outside, with a permanent, tight-fitting cover (negative pressure tarp, concrete
lid, inflatable dome, etc.)
L1
Solid, outside, no cover, 18%-<30% dry matter, with uncovered liquid runoff storage
(manure not dry enough to soak up precipitation, so a liquid runoff storage needed,
but it is uncovered, producing more odour than in V4)
L2
Liquid, outside, with a permanent floating cover (tarps, foam panels, etc.)
M1
Liquid, outside, no cover, straight-walled storage (usually circular or rectangular
concrete or steel storages)
M2
Liquid, outside, roof, but with open sides (roof keeps off precipitation, but the open
sides allow wind to travel over the manure and carry odours)
H1
Liquid, outside, no cover, sloped-sided storage (earthen manure storages, but NOT
earthen runoff storages associated with a solid manure storage which are L1)
6. CALCULATION FORMS
75
6.3 MDS II Calculation Form
Introduction
Implementation Guidelines #2 through #5 and #11 through #15 provide direction on the types of applications
and situations that trigger the need to complete an MDS II setback calculation.
Generally, the preferred method for calculating MDS setbacks is to use the software provided by OMAFRA
(AgriSuite). However, on occasions where a 'by hand' calculation is preferred or the software is not available,
this information is intended to assist with the calculation of MDS II setbacks. It is not intended to detract or
add to the information found in specific Implementation Guidelines or tables located in Sections 4 and 5 of
this MDS Document.
MDS II setbacks are calculated for both a first or altered livestock facility and yield setbacks between various
parts of the livestock facility, depending on the type of construction proposed, (i.e., livestock barn or manure
storage), Type A and Type B land uses, road allowances, and rear and side lot lines. MDS II setbacks for
anaerobic digesters do not need to be calculated, but are required in accordance with Implementation
Guideline #22. MDS II setbacks are applied based on actual surrounding land uses and circumstances.
Step 1: Contact Information for Applicant
Fill in the pertinent contact information for the applicant who is proposing to construct a first or altered
livestock facility. If all of this information is not available, include sufficient information so that the applicant
can be identified and contacted if necessary.
Contact Information -- Applicant
First name
Last name
Company/organization (if applicable)
Agent (if applicable)
Mailing address
City/town
Province
Postal code
Primary telephone number
Alternative telephone number
Fax number
Email
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
76
Step 2: Location and Description of the Proposed Application
Fill in the pertinent information for the lot where the proposed application is to be located. If all of this
information is not available, include sufficient information to identify the proposed application location.
Location and Description of the Proposed Application
Location and description of the proposed
application
Upper tier/single tier municipality
Lower tier municipality (if applicable)
Lot
Concession
911 Number and road name
Property roll number
Application type (e.g., building permit)
File number
General description of the proposed
application
Step 3: Livestock/Manure Types and Descriptions Housed and/or Stored
1. On Calculation Form A, identify all the types of livestock/manure that are currently, or could potentially
be, housed and/or stored as part of the livestock facility, based on the information provided by the
applicant. Table 1 provides a listing of livestock/manure. For each type of livestock/manure complete a
separate row in Form A. For each row, and each livestock/manure type, use Table 1 for information
regarding description, number/NU and manure type.
2. In Cell A2, identify the type of livestock/manure (e.g., dairy).
3. In Cell B2, identify the appropriate description for the livestock (e.g., milking-age cows (dry or milking)
large-framed (e.g., Holsteins)).
4. NOTE: There is no description for imported manure, therefore Cell B2 remains blank.
5. In Cell C2 record the number/NU from Table 1 (e.g., 0.7).
6. In Cell D2 identify the manure type (e.g., liquid). If Table 1 provides more than one option for manure
type (i.e., both liquid and solid are options), indicate which type is present or proposed, based on
information supplied by the applicant.
7. Enter the existing maximum number of livestock that can be housed, or maximum area that can be
used to house livestock, or the maximum volume of manure that can be stored in Cell E2 and the
proposed capacity to be added in Cell G2 based on information supplied by the applicant. If the
operation is a first livestock facility, enter a value of 0 for the existing capacity in Cell E2 on Calculation
Form A.
6. CALCULATION FORMS
77
8. Repeat this step for each applicable type of livestock/manure, using rows 3 through 6 as needed. If
more than five types of livestock (or imported manure) are currently, or will be housed (or stored), add
additional rows to the table. For some types of livestock more than one row is needed if the operation
houses more than one description of livestock. For example, a dairy operation that houses milking-age
cows, heifers, and calves would need three rows, one for each description.
MDS II -- CALCULATION FORM A
A
B
C
D
E
F
G
H
I
J
1
Livestock/
Manure Type
Livestock/
Manure
Description
Number/NU
(number of
livestock or
m2 or m3)
Manure Type
(solid or
liquid)
Existing
Maximum
Number of
Livestock
or m2 or m3
Existing
Maximum
Number of
Nutrient Units
Proposed
Added
Number of
Livestock or
m2 or m3
Proposed
Added
Number of
Nutrient
Units
Factor A
Value
Factor D
Value
2
3
4
5
6
MDS II -- CALCULATION FORM B
A
B
1
Existing design capacity
Nutrient Units
2
Proposed total number of Nutrient Units to be added
Nutrient Units
3
Design capacity after alteration
Nutrient Units
4
Final Factor A
5
Final Factor D
6
Final Factor B
Step 4: Convert Livestock Information to Nutrient Units
1. For each livestock/manure type and description outlined on Calculation Form A, determine the existing
maximum number of Nutrient Units and the proposed number of Nutrient Units to be added. Calculate
existing maximum number of Nutrient Units by taking the existing maximum number of livestock that
can be housed, or maximum area that can be used to house livestock, or the maximum volume of
manure that can be stored in Cell E2 and dividing it by the number/NU in Cell C2. Record this new
value in Cell F2.
2. Calculate the proposed number of Nutrient Units to be added by taking the proposed number of
livestock to be added, or the area to be used to house livestock, or the volume of manure to be stored
in Cell G2 and dividing it by the number/NU in Cell C2. Record this new value in Cell H2. If necessary,
repeat this step for each type of livestock/manure identified.
3. Now calculate the existing design capacity, the proposed total number of Nutrient Units to be added
and the design capacity after alteration, all three of which are expressed in Nutrient Units. To determine
existing design capacity, add values in Cells F2 through F6 on Calculation Form A and record this value
in Cell B1 on Calculation Form B.
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
78
4. To determine the proposed total number of Nutrient Units to be added, add values in Cells H2 through
H6 and record this value in Cell B2 on Calculation Form B.
5. To determine the design capacity for the livestock facility after alteration, add values in Cells B1 and B2
on Calculation Form B and record this value in Cell B3 on Calculation Form B.
Step 5: Factor A
1. For each livestock/manure type and description outlined on Calculation Form A, where livestock/manure
are being added, determine the value of Factor A. For the livestock/manure type described in Cells A2
and B2, and where indicated in Cell G2 that this type of livestock/manure is being added to the
operation, enter the value of Factor A from Table 1 in Cell I2. For example, if Cell A2 and B2 describe
dairy cattle, milking-age cows, large-framed (e.g., Holsteins), and Cell G2 indicates that 100 livestock
are being added, record the value 0.7 in Cell I2.
2. Repeat this step for each type of livestock/manure (i.e., repeat this for rows 3 through 6 if livestock/
manure types are identified for these rows) where livestock/manure are proposed to be added to the
facility.
3. Review Cells I2 through I6. For cells that have recorded a value for Factor A, if the value for Factor A is
the same in every cell, then enter this value in Cell B4 on Calculation Form B. If there is more than one
value for Factor A in Cells I2 through I6 on Calculation Form A, then calculate a weighted average for
Factor A.
For example, if dairy cattle milking-age cows, heifers and calves are recorded there is no need to
calculate a weighted average for Factor A, as the value of Factor A (i.e., 0.7) is the same for all three
types of livestock. Similarly, if horses (large-framed and sheep (lambs) were recorded there is no need
to calculate a weighted average for Factor A, as the value of Factor A (i.e., 0.7) is the same for both
types of livestock. However, if sheep (lambs) and rabbits were recorded then calculate a weighted
average for Factor A, as the value of Factor A is different for these types of livestock.
4. To calculate a weighted average for Factor A (see Implementation Guideline #30), use the values for
Factor A recorded in Cells I2 through I6 and the proposed total number of Nutrient Units to be added
(numbers recorded in Cells H2 through H6). When calculating a weighted average, the value of Factor
A should NOT include more than two decimal places and may be rounded accordingly. Record the
weighted average for Factor A in Cell B4 on Calculation Form B.
Step 6: Factor D
1. For each livestock/manure type and description outlined on Calculation Form A, where livestock/manure
is proposed to be added, determine the value of Factor D. For the manure type described in Cell D2
and where indicated in Cell G2 that this type of livestock/manure is being added to the operation, enter
the value of Factor D in Cell J2 from Table 1. For example, if Cell D2 says liquid manure, record the
value 0.8 in Cell J2. Repeat this step for each type of livestock/manure identified.
2. Review Cells J2 through J6. For cells where a value for Factor D is recorded, if the value for Factor D is
the same in every cell, then enter this value on Calculation Form B, Cell B5. If there is more than one
value for Factor D in Cells J2 through J6 on Calculation Form A, then it is necessary to calculate a
weighted average for Factor D.
6. CALCULATION FORMS
79
For example, if solid manure for all types of livestock is recorded in Calculation Form, there is no need
to calculate a weighted average for Factor D, as the value of Factor D (i.e., 0.7) is the same for all
types of livestock. However, if solid manure and liquid manure is recorded for various types of livestock
in the Calculation Form, calculate a weighted average for Factor D as the type of manure is different for
these types of livestock.
3. To calculate a weighted average for Factor D (see Implementation Guideline #31) use the values for
Factor D recorded in Cells J2 through J6 and the proposed number of Nutrient Units to be added (which
are recorded in Cells H2 through H6 on Calculation Form A). When calculating a weighted average, the
value of Factor D should not include more than two decimal places and may be rounded accordingly.
Record the weighted average for Factor D in Cell B5 on Calculation Form B.
Step 7: Factor B
1. Now determine Factor B which is based on the design capacity after the proposed construction
(alteration) is completed. The design capacity after alteration is found in Cell B3 on Calculation Form
B. Use this number as the 'Final Nutrient Units' to determine Factor B from Table 2, by looking up
the value of Factor B based on the final Nutrient Units. In some cases, it will be necessary to
interpolate Factor B from Table 2, when the exact value of the final Nutrient Units is not specifically
identified in Table 2. Implementation Guideline #26 provides more specific direction on Factor B, and
information on interpolation and rounding can be found in the text accompanying Table 2. Once the
value of Factor B is determined, record this number in Cell B6 on Calculation Form B.
Step 8: Determining Percentage Increase
1. Determine Factor C to complete the MDS II calculation by defining the percentage increase for the
livestock facility. There are four approaches for calculating percentage increase. Use the approach that
most appropriately fits the situation:
- if the operation is a first livestock facility, then use Approach (i)
- if the operation is an existing livestock facility that is being altered, and the proposed building
permit will result in an increase in design capacity, and no other building permits have been
issued on this lot in the past 3 years that increased the design capacity of the livestock facility,
then use Approach (ii)
- if the operation is an existing livestock facility that is being altered, and the proposed building
permit will result in an increase in design capacity, and a building permit has been issued on
this lot within the past 3 years that increased the design capacity of the livestock facility, then
use Approach (iii)
- if the operation is an existing livestock facility and the proposed building permit will result in no
change in design capacity, or a decrease in design capacity for the livestock facility, then use
Approach (iv)
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
80
Approach (i)
For a first livestock facility the percentage increase is assumed to be 700%. Enter a value of 700% in Cell B5
on Calculation Form C.
Approach (ii)
Take the value of the proposed total number of Nutrient Units to be added (found in Cell B2 on Calculation
Form B) and enter it in Cell D3 on Calculation Form C. Take the value of existing design capacity (found in
Cell B1 on Calculation Form B) and enter it in Cell D4 on Calculation Form C. Calculate percentage increase
by dividing the value in Cell D3 by the value in Cell D4. Multiply the result by 100. This is the percentage
increase. Enter this value in Cell D5 on Calculation Form C.
Approach (iii)
Determine the number of Nutrient Units that were added to the livestock facility by building permit(s) issued
within the past 3 years. Ask the applicant for this information; consult existing municipal files or records. If
the building permit(s) issued within the past 3 years for this operation was (were) for a first livestock facility
(i.e., there were no livestock housed and no manure stored on this lot 3 years ago), then use Approach (i) for
this operation. Take the value of the proposed total number of Nutrient Units to be added (found in Cell B2 on
Calculation Form B), add to it any additional Nutrient Units added by building permits issued within the past
3 years and enter this new value in Cell F3 on Calculation Form C. Take the value of the existing design
capacity (NU) (found in Cell B1 on Calculation Form B), subtract from it any additional Nutrient Units added
by building permits issued within the past 3 years and enter this new value in Cell F4 on Calculation Form C.
Calculate percentage increase by dividing the value in Cell F3 by the value in Cell F4. Multiply the result by
100. This is the percentage increase. Enter this value in Cell F5 on Calculation Form C.
Approach (iv)
For an existing livestock facility where the proposed building permit will result in no change in design capacity,
or a decrease in design capacity for the livestock facility, percentage increase is assumed to be 0%. Enter a
value of 0% in Cell H5 on Calculation Form C.
Step 9: Factor C
1. Calculate Factor C, which is based on the percentage increase. Take the percentage increase found in
Cell B5, D5, F5 or H5 (depending on the approach used in Step 8) found on Calculation Form C. Use
this value to determine Factor C from Table 3, by looking up the value of Factor C based on the
percentage increase in Nutrient Units. In some cases, it is necessary to interpolate Factor C from
Table 3, when the actual percentage increase in Nutrient Units is not specifically identified in Table 3.
Implementation Guideline #27 provides more specific direction on Factor C, and information on
interpolation and rounding is found in the text accompanying Table 3.
2. Once the value of Factor C is determined, record this number in Cell B6 on Calculation Form C.
6. CALCULATION FORMS
81
MDS II -- CALCULATION FORM C
A
B
C
D
E
F
G
H
1
Approach (i)
Approach (ii)
Approach (iii)
Approach (iv)
2
First livestock
facility
Existing
design
capacity is
to increase;
no previous
building
permits
which added
capacity were
issued in the
last 3 years
Existing design
capacity is
to increase;
a building
permit had
been issued
which added
capacity to
the livestock
facility within
the last
3 years
Existing
design
capacity is
staying the
same or
decreasing
Proposed total
number of
Proposed total
number of
Nutrient Units
Nutrient Units
to be added
to be added
3
plus additional
Nutrient
Units added
by building
permit(s)
within the past
3 years
Existing
design
capacity
Existing design
capacity --
additional
Nutrient
4
Units added
by building
permit(s)
within the past
3 years
5
Percentage
increase
Percentage
increase
[(D3/D4)*100]
Percentage
increase
[(F3/F4)*100]
Percentage
increase
6
Factor C
The Minimum Distance Separation (MDS) Document -- Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks
82
Step 10: Calculate Building Base Distance 'F'
1. To calculate Building Base Distance 'F', enter the value for:
- Factor A (found on Calculation Form B, Cell B4) into Cell A2 on Calculation Form D
- Factor B (found on Calculation Form B, Cell B6) into Cell B2 on Calculation Form D
- Factor C (found on Calculation Form C, Cell B6) into Cell C2 on Calculation Form D
- Factor D (found on Calculation Form B, Cell B5) into Cell D2 on Calculation Form D
2. Calculate Building Base Distance by multiplying Factor A, Factor B, Factor C and Factor D (multiply the
values in Cells A2, B2, C2 and D2 together) and enter this result in Cell E2 on Calculation Form D.
MDS II -- CALCULATION FORM D
A
B
C
D
E
1
Factor A
Factor B
Factor C
Factor D
Building Base
Distance 'F'
2
Step 11: Determine Storage Base Distance 'S'
1. Enter Building Base Distance 'F' (found in Calculation Form D, Cell E2) in Calculation Form E, Cell B1.
If the proposed building permit does not result in the construction or expansion of a manure storage,
enter a value of 0 in Cell B3, Storage Base Distance 'S', on Calculation Form E.
2. If the proposed building permit does result in the construction or expansion of a manure storage,
proceed to establish Storage Base Distance 'S' starting with Table 5.
- Compare the 11 types of manure storages in Table 5 (i.e., V1, V2, V3, V4, V5, V6, L1, L2, M1,
M2 and H1) with the proposed project to be constructed by the applicant as part of the building
permit application.
- Select the manure storage type that best fits the application. The manure storage type selected
should reflect the value of Factor D used in the calculation. For example, if Factor D is based on
solid manure (value of 0.7) it is not appropriate to select the V6 manure storage type. Enter the
manure storage type (e.g., V6) in Cell B2 on Calculation Form E. If more than one type of manure
storage is proposed to be constructed as part of the building permit application, select the
manure storage type with the highest odour potential. For example, if a building permit proposes
to construct both a V6 and a H1 manure storage, enter H1 in Cell B2 on Calculation Form E.
3. Use the manure storage type (Cell B2 on Calculation Form E) and the Building Base Distance 'F',
(Cell B1 on Calculation Form E) and determine the value of Storage Base Distance 'S' from Table 6, by
looking up the value of the Storage Base Distance 'S' based on these two numbers. In some cases,
it is necessary to interpolate Storage Base Distance 'S' from Table 6 when the actual distance is not
specifically identified in Table 6. Information on interpolation and rounding is found in the text
accompanying Table 6.
6. CALCULATION FORMS
83
MDS II -- CALCULATION FORM E
A
B
1
Building Base Distance 'F'
2
Manure Storage Type (Table 5)
3
Storage Base Distance 'S' (Table 6)
Step 12: Calculate Minimum Distance Separation II Setbacks
1. Now that the Building Base Distance 'F' and the Storage Base Distance 'S' have been calculated,
determine setbacks from the nearest neighbour's dwelling, Type A land uses, Type B land uses, road
allowances and lot lines.
MDS II -- CALCULATION FORM F
A
B
C
1
Livestock Barn
Manure Storage
2
Building Base Distance 'F'
3
Nearest neighbours
(1 x 'F')
dwelling and Type A land use
4
Type B land use (2 x 'F')
5
Road allowance setback (0.2 x 'F' to a maximum of
60 m)
6
Rear and side lot line setback (0.1 x 'F' to a
maximum of 30 m)
2. Take the Building Base Distance 'F' (Cell B1 Calculation Form E) and enter this value in Cell B2 on
Calculation Form F. Take the Storage Base Distance 'S' (Cell B3 Calculation Form E) and enter this
value in Cell C2 on Calculation Form F. To determine various MDS II setbacks for the livestock barn and
the manure storage, multiply these base distances by various factors.
3. To determine the MDS II setback for the livestock barn from the nearest neighbour's dwelling and Type
A land uses, multiple the value in Cell B2 by 1.0 and enter this value in Cell B3.
4. To determine the MDS II setback for the manure storage from the nearest neighbour's dwelling and
Type A land uses, multiple the value in Cell C2 by 1.0 and enter this value in Cell C3.
5. To determine the MDS II setback for the livestock barn from Type B land uses, multiple the value in Cell
B2 by 2.0 and enter this value in Cell B4.
6. To determine the MDS II setback for the manure storage from Type B land uses, multiple the value in
Cell C2 by 2.0 and enter this value in Cell C4.
7. To determine the MDS II setback for the livestock barn from a road allowance, multiple the value in Cell
B2 by 0.2 and enter this value in Cell B5. If this value exceeds 60, enter a value of 60 in Cell B5.
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8. To determine the MDS II setback for the manure storage from a road allowance, multiple the value in
Cell C2 by 0.2 and enter this value in Cell C5. If this value exceeds 60, enter a value of 60 in Cell C5.
9. To determine the MDS II setback for the livestock barn from a rear or side lot line, multiple the value in
Cell B2 by 0.1 and enter this value in Cell B6. If this value exceeds 30, enter a value of 30 in Cell B6.
10. To determine the MDS II setback for the manure storage from a rear or side lot line, multiple the value
in Cell C2 by 0.1 and enter this value in Cell C6. If this value exceeds 30, enter a value of 30 in Cell
C6.
The calculation of MDS II setbacks is now complete. Apply these MDS II setbacks to the building permit
application as appropriate. Implementation Guidelines #39 through #41 provide information for the
measurement of MDS setbacks. Implementation Guidelines #42 and #43 provide information on reducing
and varying MDS setbacks.
85
7. FIGURES
Figure 3. Implementation Guideline #9 -- MDS I setbacks and lot creation for a residence surplus to a farming
operation.
An MDS I setback is required from the red livestock barn (B2) for the proposed surplus dwelling severance, but
not from either of the two grey livestock barns (B1), unless local provisions state otherwise. This is because
those two grey livestock barns (B1) are already on separate lots from the subject dwelling proposed to be
severed and therefore a potential odour conflict already exists. The creation of the surplus dwelling lot only
results in a new potential odour conflict with the red livestock barn (B2) as it is on the same lot as the subject
dwelling PRIOR to the consent being approved and will be on a separate lot AFTER the consent is approved. In
accordance with Implementation Guideline #14, there is no MDS I setback required from the green livestock
barn (B3), as it will remain on the same lot as the subject dwelling proposed to be severed.
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Figure 4. Implementation Guideline #12 -- existing uses that do not conform to MDS.
Step 1: Draw a line (orange arrow) connecting the livestock occupied portion of the existing livestock barn and the
nearest edge of the proposed dwelling's building envelope (or the proposed development -- not this example).
Step 2: At the base of the arrow, looking in the direction the arrow is pointing and using a protractor, plot 60º
to the right of the arrow and another 60o to the left of the arrow, effectively creating a 120o 'field of view' from
the base of the arrow.
Step 3: Draw an arc using the length of the arrow from Step 1 as the radius and connect the two edges of
the 120o field of view, forming a wedge shape. This wedge comprises the 'intervening area' referenced in
Implementation Guideline #12.
Step 4: Count the number of existing or approved dwellings or development partially or entirely captured within
the intervening area.
Step 5: If there are 4, or more, non-agricultural uses (NAUs), residential uses, and/or dwellings that fall within
the intervening area, the actual MDS I setback may be reduced to become the distance of the furthest of the
qualifying non-agricultural uses, residential uses and/or dwellings. In this example, there is one qualifying NAU
and three qualifying dwellings totalling four. So a reduced MDS I may be permitted and the proposed dwelling
can be constructed despite it not meeting the actual MDS I setback generated by the subject livestock barn.
This process may need to be repeated for manure storages and/or anaerobic digesters that may also be
located in the investigation distance area established in Implementation Guideline #6.
7. FIGURES
87
Figure 5. Implementation Guideline #22 -- MDS I setbacks for anaerobic digesters.
This figure shows where to measure the fixed MDS I setbacks from existing anaerobic digesters.
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Figure 6. Implementation Guideline #22 -- MDS II setbacks for anaerobic digesters.
This figure shows where to measure the fixed MDS II setbacks from existing non-agricultural uses and dwellings.
7. FIGURES
89
Figure 7. Implementation Guideline #40 -- measurement of MDS I setbacks for development and dwellings.
This figure shows MDS I setbacks for livestock facilities near a proposed non-agricultural use (i.e., institutional
zone). NOTE: The MDS I setbacks are measured from the shortest distance between the area proposed to
be rezoned to permit the non-agricultural uses and the surrounding livestock occupied portions of the livestock
barns and manure storages.
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Figure 8. Implementation Guideline #40 -- measurement of MDS II setbacks for development and dwellings.
This figure shows MDS II setbacks for a first livestock facility near an existing non-agricultural use (i.e., institutional
zone) and dwelling. NOTE: The MDS II setbacks are measured from the shortest distance between the points of
new construction for the livestock occupied portion of the livestock barn and manure storage, and the existing
non-agricultural use and dwelling.
Many MDS I setbacks are applied to new or
expanding land uses rather than new or expanding
buildings, as is always the case for MDS II setbacks.
91
8. ADDITIONAL INFORMATION
This section provides guidance and direction on a number of common issues and questions that have been
raised by previous users of MDS and covers the following topics:
- incorporation of this MDS Document into local land use planning documents, including transition
and implementation issues between previous versions of this MDS Document, as well as optional
applications of MDS for municipalities to address
- considerations when reducing or varying MDS setbacks
- determining types of livestock barns and manure storages
- determining design capacity for livestock facilities
- assessing if a livestock facility is structurally sound or reasonably capable of housing livestock
8.1 Incorporating this MDS Document into Local Land Use Planning Documents
Introduction
The following is intended to assist municipalities when incorporating the appropriate portions of this MDS
Document into their land use planning documents. It includes a review of the various options available to
municipalities that must be enshrined in policy or provisions to take effect locally.
In preparing this information to help municipalities and users of this MDS Document, OMAFRA recognizes that
municipalities are responsible for making local decisions, including compliance with any applicable statutes or
regulations. As this portion of the Document deals in a summary fashion with complex matters and reflects
legislation, policies and practices that are subject to change, the material herein should not be relied upon
as a substitute for specialized legal or professional advice in connection with any particular matter. OMAFRA
strongly recommends that municipalities seek their own legal advice to determine if their planning documents
adequately address the provisions contained in this MDS Document as required by the PPS and enabled by the
Planning Act, 1990.
The Planning Act, 1990, requires that decisions affecting planning matters "shall be consistent with" policy
statements issued under the Act. As it pertains to MDS, the aforementioned policy statements include
policies 1.1.5.9 and 2.3.3.3 contained in the PPS, which respectively state that on rural lands and in prime
agricultural areas, "new land uses, including the creation of lots, and new or expanding livestock facilities shall
comply with the Minimum Distance Separation Formulae".
On March 1, 2017, this revised version of the Minimum Distance Separation Formulae (known as the MDS
Document) came into effect. Therefore, in order to be consistent with the PPS, all planning decisions made
on or after March 1, 2017, for new land uses, including the creation of lots, need to comply with this MDS
Document. The way that municipalities ensure consistency with these PPS policies at the local level is through
the inclusion of the MDS Implementation Guidelines, definitions and Factor tables in their municipal official
plan and/or their comprehensive zoning by-law. Deciding which of these two local documents the various
aforementioned MDS components should be enshrined will depend on the nature of the application being
considered (e.g., official plan amendment, zoning by-law amendment, land division consent, building permit,
etc.) and whether the application may require an MDS I or an MDS II setback.
All planning decisions made on or after March 1, 2017, for new land uses, including the creation of lots,
need to comply with this MDS Document.
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Many MDS I setbacks are applied to new or expanding land uses rather than new or expanding buildings, as is
always the case for MDS II setbacks. To elaborate, with the exception of MDS I setbacks required for proposed
construction on a lot which existed prior to March 1, 2017, most MDS I setbacks are implemented when land
use planning applications are made under the Planning Act, 1990; whereas, MDS II setbacks are applied to
first or altered livestock facilities or anaerobic digesters and are primarily implemented when complete building
permit applications are submitted under the Building Code Act, 1992.
Before construction can begin on a livestock facility or anaerobic digester (MDS II) or a dwelling/non-agricultural
use (MDS I), a building permit is required subject to the Building Code Act, 1992. Municipal chief building
officials are required to issue building permits under the Building Code Act, 1992, unless the proposed
construction will contravene the Building Code Act, 1992, the building code(s) or any other "applicable law".
Applicable law is a list of statutes, regulations and by-laws set out in the building code(s). As it relates to
MDS, the list of applicable law in the building code includes "by-laws made under section 34 or 38 of the
Planning Act, 1990". As a result, construction which requires a building permit is subject to the provisions of
local municipal comprehensive zoning by-laws. Therefore, by incorporating the appropriate provisions in the
comprehensive zoning by-law, that construction will be required to meet the MDS I or MDS II setbacks before
a building permit is issued. When MDS I and MDS II setbacks for building construction (e.g., livestock facilities,
anaerobic digesters, dwellings, etc.) are incorporated in a municipal zoning by-law, they become one of the
requirements that a chief building official must consider when determining whether to issue a building permit.
It is important that municipalities craft their comprehensive zoning by-law provisions for MDS thoughtfully.
In addition, because applications for building permits must meet whatever requirements are currently in place
in the local comprehensive zoning by-law, municipalities are strongly encouraged to review and potentially
update their comprehensive zoning by-laws to ensure that this MDS Document is implemented appropriately,
in accordance with the requirements of the PPS. Regular updates help avoid potentially unequal situations
where a municipality may be carrying out their MDS I calculations under the March 1, 2017, MDS Document,
whereas their MDS II calculations are still being done under a previous (1976, 1995 or 2007) version of MDS.
Municipalities are strongly encouraged to review and potentially update their comprehensive zoning by-law
and official plan to ensure that the MDS Document is implemented appropriately, in accordance with the
requirements of the PPS.
Municipalities may develop MDS provisions in their planning documents to reflect local circumstances and the
layout and format of their existing official plan and comprehensive zoning by-law, however, the following key
components with respect to the implementation of this MDS Document shall be included.
Minimum Sections to Incorporate from this MDS Document
In accordance with the PPS, this MDS Document shall apply in prime agricultural areas or rural lands. Where
either prime agricultural areas or rural lands are present, both the MDS Formulae and Implementation
Guidelines contained in this MDS Document shall be referenced in municipal official plans, and detailed
provisions included in comprehensive zoning by-laws such that, as a minimum, the appropriate MDS setbacks
are required in all designations and zones where livestock facilities or anaerobic digesters are a permitted use.
Sections 1, 2, 6, 7 and 8 of this MDS Document are provided for information and background purposes.
Because these sections are primarily intended to provide broader context for the more specific MDS Formulae
and Implementation Guidelines, as well as information on related land use topics, they are not required to be
incorporated into municipal land use planning documents.
8. ADDITIONAL INFORMATION
93
However, the remainder of this MDS Document, Sections 3, 4 and 5, form the basis for incorporating MDS into
local land use planning documents, including the Definitions, Implementation Guidelines and the Factor tables.
Implementation Guidelines #7, #9, #35 and #38 address areas where municipalities have options when
implementing MDS locally, and shall be clearly addressed by a municipality in the appropriate implementing
land use planning document (e.g., official plan or comprehensive zoning by-law).
Sections 3, 4 and 5 of this MDS Document form the basis for incorporating MDS into local land use
planning documents, including relevant definitions, Implementation Guidelines and the Factor tables.
The nature of the policies developed for adoption in municipal planning documents depends on the type of
application anticipated to be processed. For example, a land use change may require an amendment to either
the official plan, the comprehensive zoning by-law or an application to create a lot. Requiring compliance with
the MDS setbacks in the official plan will result in a consideration of either an official plan amendment, zoning
by-law amendment or an application to create a lot, in relation to the application. This MDS Document applies
to all planning act applications submitted on or after March 1, 2017. References in the PPS to Minimum
Distance Separation Formulae should be taken as reference to this MDS Document for all applications
submitted on or after March 1, 2017. For building permit applications, the effective provision in the zoning by-
law applies. Municipalities should update their zoning by-laws to reflect this updated MDS Document.
There are multiple approaches to effectively incorporate this MDS Document into local land use planning
documents that may achieve consistency with the PPS. Common approaches used by municipalities in the
past include: adopting the entire MDS Document as a schedule or appendix; adopting only the definitions
(Section 3), Implementation Guidelines (Section 4) and Factor tables (Section 5) in a schedule or appendix;
or including a text reference to this MDS Document in official plan policies or zoning by-law provisions. Many
municipalities also include a provision that refers to MDS, "as amended by the Province from time to time".
OMAFRA does not specify a preferred approach for incorporating this MDS Document into local land use
planning documents. OMAFRA's primary concern is to ensure that consistency with the PPS is achieved; that
Sections 3, 4 and 5 of this MDS Document are effectively implemented; and that municipalities address areas
where they have options related to implementation. OMAFRA encourages municipalities to seek their own legal
advice and direction on approaches for incorporating this MDS Document into their local land use planning
documents in a manner that achieves consistency with the PPS, while considering the approach, format and
layout used in their local land use planning documents.
For example, official plans shall, as a minimum, contain policies which require compliance with MDS I
setbacks when seeking a change in the land use from a prime agricultural area or rural lands type designation
to development. The comprehensive zoning by-law shall, as a minimum, contain provisions which make it a
requirement to meet both MDS I and MDS II setbacks when seeking a rezoning to change the land use from
an "agriculture or rural" type zone to another land use.
Finally, if not already defined in the municipal official plan or comprehensive zoning by-law, OMAFRA
recommends that the appropriate definitions found in Section 3 of this MDS Document be included in the
'definitions' or 'glossary of terms' portion of the relevant local planning document.
Regardless of the approach selected, it is recommended that a municipality seek its own legal advice
regarding amending its planning documents to accommodate MDS provisions.
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Why Choosing the Correct Planning Document is Important
Aside from updating local planning documents to reflect the most recent version of MDS, deciding whether a
specific MDS option should be enshrined in the official plan and/or comprehensive zoning by-law is also an
important consideration.
For example, in the case of a settlement area boundary expansion, MDS I setbacks shall be addressed at
the time of an official plan amendment application to change the land use from a prime agricultural area
or rural lands type designation to a settlement area type designation. Thus the ideal planning document to
address MDS for this type of land use change is the municipal official plan, rather than the comprehensive
zoning by-law. This approach ensures consistency with policy 1.1.3.8 (d) of the PPS which states that planning
authorities may only allow the expansion of a settlement area boundary where it has been demonstrated that
"the new or expanding settlement area is in compliance with the Minimum Distance Separation Formulae".
It also ensures that setbacks from surrounding livestock facilities and anaerobic digesters are established
early in this process, rather than potentially introducing incompatible land uses by waiting for the zoning by-law
amendment or the plan of subdivision/condominium stage to implement the required MDS I setbacks.
Conversely, in the case of constructing a first or altered livestock facility or anaerobic digester, address the MDS
II setbacks at the time the building permit application is made for the proposed building. The corresponding
provision for this type of application should be reflected in the municipal comprehensive zoning by-law, rather
than the official plan.
Selecting the appropriate planning document for the various MDS Implementation Guidelines depends on the
nature of the application being sought.
Municipal Options for Implementing MDS
Within the various Implementation Guidelines contained in Section 4 of the MDS Document, there are five
options available to municipalities that should be incorporated into the appropriate local planning document
-- either the comprehensive zoning by-law or the official plan. In order to achieve a transparent and
consistent approach to processing files, municipalities are urged to address these options on a proactive and
comprehensive basis. If the relevant planning document does not expressly address the options, then the
default approaches outlined in the corresponding Implementation Guidelines shall apply.
At the time of a comprehensive review of either an official plan or comprehensive zoning by-law, or through a
housekeeping amendment related to either planning document, municipal staff should evaluate the various
options available, and after conducting an analysis, adopt provisions which outline the municipality's preferred
approach to these options.
To elaborate, under this MDS Document, municipalities have the option to alter the application of MDS I with
respect to three issues (OPTIONS A to C):
OPTION A: Implementation Guideline #7 -- MDS I setbacks for building permit applications on existing lots
(locate local provisions in zoning by-law)
MDS I setbacks are required for all building permit applications on lots which are created after March 1, 2017.
There is no municipal option to exempt MDS I setbacks from building permits on these new lots.
MDS I setbacks are also required for all building permit applications proposed on lots which exist prior to
March 1, 2017, unless otherwise specified in a municipality's zoning by-law. While municipalities maintain
8. ADDITIONAL INFORMATION
95
the option to choose whether MDS I setbacks for building permit applications on existing lots are required,
they are strongly encouraged to apply the setbacks. It is important to note that only where a municipality
has specifically exempted certain building permit applications from an MDS I setback in their comprehensive
zoning by-law shall an MDS I setback not be required. MDS I setbacks shall be required for all types of building
permit applications on all lots in municipalities where the comprehensive zoning by-law is silent or does not
contain any direction on this issue. However, note that MDS I setbacks are not required for dwelling additions
and renovations on lots which exist prior to March 1, 2017, even where an addition results in the existing
dwelling being closer to a surrounding livestock facility or anaerobic digester.
If a local exemption from MDS I setbacks for building permit applications on lots which exist prior to March
1, 2017 is chosen, there are numerous measures and variations that a municipality can use recognizing the
exemption does not need to apply to all building permit applications on all lots which exist prior to March 1,
2017. For example, the municipality could only require MDS I setbacks:
- on existing lots that are in a particular land use zone or designation (e.g., rural residential, estate
residential), or
- on existing lots that are above or below a certain size threshold (e.g., 4 ha), or
- on existing lots which are vacant (e.g., no existing dwellings or buildings), or
- on existing lots, but where the MDS I setback cannot be met, then through a planning application permit
a dwelling provided that it be located as far as possible from the existing livestock facility or anaerobic
digester from which the setback cannot be met, or
- on lots which exist prior to a date which is later than the required March 1, 2017 (e.g., date of adoption
of former official plan), or
- for certain types of buildings and not others (e.g., dwellings).
Regardless of the approach selected, if an exemption is chosen, the local municipality shall include provisions
in their comprehensive zoning by-law which clearly state the details of the exemption, because the trigger for
the application of MDS I setbacks on lots which exist prior to March 1, 2017 will be construction for which a
building permit is required under the Building Code Act, 1992. Consequently, the document for implementing
this option is the municipal comprehensive zoning by-law in order for it to become applicable law under the
Building Code Act, 1992.
It is important to remember that municipalities with a previous version of MDS (1976, 1995, 2007) referenced
in their comprehensive zoning by-law, and who apply MDS I to proposed building permit applications on
existing lots, will be required to continue to issue building permits if the proposed construction complies
with the older version of MDS, including the older software which reflects the actual criteria and formulae
incorporated in the by-law. Municipalities are urged to update their comprehensive zoning by-laws to reflect the
latest version of this MDS Document. Updating the comprehensive zoning by-law ensures that it reflects the
latest version of the new software program -- Ontario Agricultural Planning Tools Suite ("AgriSuite") for use
with this MDS Document.
OPTION B: Implementation Guideline #9 -- MDS I setbacks from surrounding livestock facilities on different
lots than the residence surplus to a farming operation proposed to be severed
(locate local provisions in official plan)
Where a new lot is proposed with an existing dwelling, and that dwelling is already located on a different
lot from the surrounding livestock facilities or anaerobic digesters, MDS I is not applied as a potential odour
conflict is already present between the surrounding livestock facilities or anaerobic digesters and the existing
dwelling because they have the ability for separate ownership. However, municipalities may choose to apply
MDS I from the surrounding livestock facilities or anaerobic digesters that are already on different lots than the
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surplus dwelling proposed to be severed. Direction to apply MDS I in these circumstances should be clearly
indicated in the consent policies of the municipality's official plan.
OPTION C: Implementation Guideline #35 -- MDS I setbacks for agriculture-related uses and
on-farm diversified uses
(locate local provisions in official plan and zoning by-law)
Municipalities have to decide whether or not they wish to require an MDS I setback for new or expanding
agriculture-related uses and on-farm diversified uses. These uses are compatible with, and complement
agricultural uses. Planning applications to permit these uses may not need to meet MDS I setbacks from
existing livestock facilities or anaerobic digesters. However, some proposed agriculture-related uses and
on-farm diversified uses may exhibit characteristics that could lead to potential conflicts with surrounding
livestock facilities or anaerobic digesters. Therefore, it may be appropriate to require an MDS I setback to
permit this subset of uses. Usually these more sensitive uses are characterized by a higher density of human
occupancy or activity, or uses that generate significant visitation by the broader public to an agricultural
area. For example, food service, accommodation, agri-tourism uses and retail operations such as a winery
with an outdoor patio for light meals, an on-farm tea room, or a bed and breakfast with a farm-themed
cooking school might be types of uses that a municipality could focus on ensuring meet the required MDS I
setbacks. Conversely, industrial type on-farm diversified uses, such as an accessory welding fabrication shop
or agriculture-related uses, such as a grain-handling facility may not be as sensitive of odour receptors, and
therefore may be the types of uses that a municipality would continue to exempt from MDS I setbacks.
Based on a careful review of existing uses, municipalities may choose to require an MDS I setback for
proposals, including lot creation, to permit certain types of agriculture-related uses or on-farm diversified uses.
In situations where it is determined that MDS I shall apply, agriculture-related uses and on-farm diversified uses
shall be considered as Type A land uses and the local planning documents which mandate an MDS I setback
shall reflect that. If a municipality wishes to require MDS I setbacks for certain agriculture-related uses and
on-farm diversified uses, they shall include specific provisions in the appropriate planning document to outline
the desired approach. The language adopted in the local planning documents shall clearly indicate the specific
types of uses that are required to meet MDS I setbacks. Otherwise, the provision in Implementation Guideline
#35 shall apply and MDS I setbacks will not be required for either of these two categories of land uses.
In addition to the three MDS I options outlined above, municipalities also have the option to alter the
application of MDS II with respect to two issues (OPTIONS D to E):
OPTION D: Implementation Guideline #35 -- MDS II setbacks for agriculture-related uses and on-farm
diversified uses
(locate local provisions in zoning by-law)
Much like Option C for MDS I, Option D is the reciprocal. Under this MDS Document, first or altered livestock
facilities and anaerobic digesters do not need to meet MDS II setbacks for existing agriculture-related uses
and on-farm diversified uses. However, some existing agriculture-related uses and on-farm diversified uses
may exhibit characteristics that could lead to potential conflicts with first or altered livestock facilities and
anaerobic digesters. Therefore, it may be appropriate to require MDS II setbacks from these types of uses.
Typically, these uses are characterized by a higher density of human occupancy or activity, or are uses that
generate significant visitation by the broader public to an agricultural area. Similar to MDS I, examples of
these uses which may warrant the application of MDS II setbacks include, but are not limited to: food service,
accommodation, agri-tourism uses and retail operations. Surrounding land uses and geographic context can
also play a role in determining the compatibility of agriculture-related uses and on-farm diversified uses with
first or altered livestock facilities and anaerobic digesters.
8. ADDITIONAL INFORMATION
97
Based on a careful review of the state of the local agricultural industry, municipalities may choose to require
MDS II setbacks between first or altered livestock facilities or anaerobic digesters and certain types of existing
agriculture-related uses or on-farm diversified uses. Similar to MDS I, in those situations where a municipality
chooses to require an MDS II setback, agriculture-related uses and on-farm diversified uses shall be considered
Type A land uses. If MDS II setbacks are applied, municipalities shall include provisions in their comprehensive
zoning by-law to clearly indicate the specific types of agriculture-related uses and on-farm diversified uses that
MDS II setbacks will be measured to. Otherwise MDS II setbacks will not be required between first or altered
livestock facilities or anaerobic digesters and these two categories of uses. In all instances, municipalities
are strongly encouraged to develop provisions in their comprehensive zoning by-law that provide consistent
direction on this issue.
OPTION E: Implementation Guideline #38 -- MDS II setbacks from cemeteries
(locate local provisions in zoning by-law)
The final MDS option relates to MDS II setbacks between first or altered livestock facilities or anaerobic
digesters and existing cemeteries. Except for cemeteries which are intended to primarily serve a community
which relies on horse-drawn vehicles as a predominate mode of transportation, this MDS Document generally
treats cemeteries as a Type B land uses (see Implementation Guideline #37). However, in some instances,
where a cemetery is closed and receives low levels of visitation, a municipality may choose to treat it as a
Type A land use for the purposes of MDS II.
It is strongly recommended that municipalities conduct a comprehensive evaluation of existing cemeteries
across their entire jurisdiction and clearly identify the specific cemeteries affected in their zoning by-law.
This exercise should result in a transparent list, map and/or appendix of cemeteries that will accompany a
zoning by-law.
This option is limited to treating specified cemeteries as Type A land uses, rather than the typical Type B land
uses. The option does not permit a municipality to fully exempt the first or altered livestock facility or anaerobic
digester from an MDS II setback from a cemetery altogether.
With respect to MDS I, except for cemeteries which are intended to primarily serve a community which relies
on horse-drawn vehicles as a predominate mode of transportation, new or expanding cemeteries are always
treated as a Type B land uses because they are obviously not closed, and typically receive higher levels of
visitation.
Summary of MDS Options
Aside from reducing MDS setbacks for specific applications in accordance with Implementation Guideline
#43, these five options (contained in four separate Implementation Guidelines) are the only areas where
municipalities have options with respect to MDS implementation approaches. Municipal setbacks for livestock
facilities and anaerobic digesters (i.e., MDS II) shall not exceed those calculated by the MDS II formulae,
in accordance with provincial standards. For instance, municipal policies which require fixed setbacks for
livestock facilities or anaerobic digesters larger than those established by this MDS Document may be viewed
as contrary to section 2.3.3.2 of the PPS, which states:
"In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices
shall be promoted and protected in accordance with provincial standards."
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Municipalities considering MDS setbacks for development or dwellings (i.e., MDS I) that exceed those
established by this MDS Document shall ensure they are consistent with policy 4.9 of the PPS.
In addition to establishing specific policies or provisions on the five municipal MDS options, municipalities
should be aware that there are two other MDS options which are no longer available to them in the current
MDS Document. Those municipalities which have adopted local policies to address these former options
should remove them from their planning documents. In order to assist in this process, the following illustrates
how those former options have been modified:
Application of MDS after a Catastrophe
2006 MDS I
2017 MDS I
2006 MDS II
2017 MDS II
Where municipalities
required MDS I setbacks
for buildings on existing
lots, they were also
able to choose whether
or not MDS I setbacks
were required for
those buildings which
were destroyed by a
catastrophe, provided they
weren't built any closer
to livestock facilities than
before the catastrophe.
MDS I setbacks are not required
for building reconstruction,
provided the reconstructed
building is no closer to
surrounding livestock facilities or
anaerobic digesters than before
the reconstruction.
Municipalities were able to
choose whether or not
MDS II setbacks were
required for those livestock
facilities which were
destroyed by a catastrophe,
provided all Factor values
remain the same.
MDS II setbacks are not
required for livestock
facility reconstruction,
provided all Factor values
remain the same.
Application of MDS within Settlement Areas
2006 MDS I
2017 MDS I
2006 MDS II
2017 MDS II
Municipalities were able
MDS I setbacks are not required In rare circumstances where
Where municipalities
to choose whether or not
in a settlement area.
livestock facilities were
permit first or altered
MDS I setbacks were
permitted in a settlement
livestock facilities or
required for development
area, municipalities were
anaerobic digesters in a
in a settlement area.
able to choose whether or
not MDS II setbacks
were required in a
settlement area.
settlement area, MDS II
setbacks shall not
be required.
Municipalities should update their existing official plan and comprehensive zoning by-law to recognize these
options are no longer available. If a local planning document is not updated to address these changes,
municipalities may be faced with implementation challenges. In the absence of municipal policy direction, the
default approaches to each of the above options are:
A) MDS I setbacks are required for ALL building permits applications on ALL lots which exist prior to
March 1, 2017.
B) MDS I setbacks are NOT required for surplus farm dwelling severances from livestock facilities or
anaerobic digesters on separate lots surrounding the proposed consent application.
C) MDS I setbacks do NOT apply to any new or expanding agriculture-related or on-farm diversified uses.
D) MDS II setbacks do NOT apply from any existing agriculture-related or on-farm diversified uses.
E) MDS II setbacks apply to ALL existing cemeteries as Type B land uses, except for those noted in
Implementation Guideline #37.
8. ADDITIONAL INFORMATION
99
Conclusion
Municipalities shall include policies and provisions in their official plans and zoning by-laws so that the MDS
setbacks are met through the appropriate implementation of this MDS Document.
This MDS Document represents the standard with respect to the calculation of MDS setbacks, and the only
circumstances that municipalities may alter application of MDS is where options are explicitly made available
in specific Implementation Guidelines. Even then, written policies must be adopted in the relevant municipal
planning documents to clearly state the intention to exercise these options.
The above are general guidelines; seek legal counsel regarding the specific details of implementing the
latest version of this MDS Document into the context and structure of a municipality's official plan and
comprehensive zoning by-law. There are different approaches for updating by-laws depending on the current
structure of the relevant municipal planning document. OMAFRA staff may be available to provide assistance.
8.2 Reducing MDS Setbacks
Introduction
MDS setbacks are used to reduce odour conflicts by separating incompatible uses. There are various
circumstances where a Planning Act, 1990, application or construction requiring a building permit may
meet the intent of this MDS Document, if not the precise setbacks required by MDS I or MDS II. In some
circumstances, it may be appropriate for a municipality or other approval authority to consider the merits of
allowing for a reduced MDS setback through a minor variance or other type of Planning Act, 1990, application.
Generally, OMAFRA does not support or encourage reductions to MDS setbacks. Allowing for reductions
to MDS setbacks can increase the potential for land use conflicts and undermine the intent of this MDS
Document. Approach the issue of reducing MDS setbacks with caution. While a MDS setback does not
specifically need to be considered in the context of a minor variance application, it is appropriate to consider
the tests for a minor variance as a mechanism to assess specific situations and potential reductions to MDS
setbacks.
The four considerations for a minor variance are:
1. Does the reduction in the MDS setback keep with the intent of the official plan?
2. Does the reduction in the MDS setback keep with the intent of the zoning by-law?
3. Is the reduction in the MDS setback desirable and appropriate for the area?
4. Is the reduction in the MDS setback minor in nature?
The intent of municipal official plans and zoning by-laws in prime agricultural areas will generally be consistent
with the goals of complying with the Minimum Distance Separation Formulae, and promoting and protecting
agriculture in prime agricultural areas (various policies in section 2.3 of the PPS). Therefore, any proposal to
reduce MDS setbacks should be considered in light of this same general intent. For rural lands, municipal
official plans and zoning by-laws may have a broader and more diverse set of goals and objectives, but should
still reflect the general requirement to comply with the Minimum Distance Separation Formulae and should
promote and protect agricultural uses (various policies in section 1.1.5 of the PPS).
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Deciding if a minor reduction to an MDS setback is desirable and appropriate for an area should involve
consideration of several specific aspects, such as:
- Is the MDS setback reduction really necessary or should another suitable alternative location (relocating
the proposed lot/designation/building) be considered?
- Is the reduced setback going to impact the type, size or intensity of agricultural uses in the surrounding
area?
- Is the reduced setback going to impact flexibility for existing or future agricultural operations, including
their ability to expand if desired? If this reduced setback is allowed, will it set precedent for others in the
local community?
Determining if a proposed reduction in MDS setbacks is minor depends on the context in which the reduction
is being proposed. Minor means different things to different people. OMAFRA does not endorse a specific
% decrease (e.g., 5% or 10%) for MDS setbacks. In some circumstances, a very small reduction in an MDS
setback may not be considered minor given the surrounding land uses and potential odour conflicts. In other
instances, a significant reduction in an MDS setback may be considered minor. The perception of what is
'small' or 'minor' in nature will vary depending on local and site specific circumstances.
Determining if a reduction to MDS setbacks is appropriate in a given circumstance is the responsibility of the
local municipality.
It is important to note that granting one reduction in MDS setbacks will lead to future applications to reduce or
vary MDS setbacks. For example, granting a minor variance to a new livestock facility or anaerobic digester may
lead to future applications to vary distances for the same operation in the future, if it expands. Applications
to reduce MDS setbacks for new development or dwellings may lead to applications to reduce MDS setbacks
for surrounding livestock facilities or anaerobic digesters if they look to expand in the future. While applications
to reduce MDS setbacks should be considered on their own merits, it is important to consider the broader
context and the potential for cumulative impacts over the long term.
The following provides some general comments regarding reductions in MDS setbacks from the perspective of
OMAFRA.
Reducing MDS I Setbacks
Implementation Guideline #43 from this MDS Document provides specific direction on reducing required MDS
I setbacks; it states:
"MDS I setbacks should not be reduced except in limited site specific circumstances that meet the intent
of this MDS Document. Examples may include circumstances that mitigate environmental or public health
and safety impacts, or avoid natural or human-made hazards.
If deemed appropriate by a municipality, the processes by which a reduction to MDS I may occur could
include a minor variance to the local zoning by-law, a site specific zoning by-law amendment or an official
plan amendment introducing a site specific policy area."
OMAFRA does not generally support or encourage reductions to MDS I distances, especially for new
development. The intent of MDS I is to minimize nuisance complaints associated with livestock facilities and
anaerobic digesters due to odour and thereby reduce potential land use conflicts. It may be possible to find
opportunities to site new development and dwellings where MDS setbacks can be met. The requirement to
meet MDS I is something that should be assessed at the time when considering finding alternative sites to
locate development or dwellings.
8. ADDITIONAL INFORMATION
101
It may be appropriate to consider reductions to MDS I distances in situations where MDS I is being applied in
the context of expanding an existing or approved development. It is only appropriate to consider reductions to
MDS I setbacks when reasonable alternative locations are limited, and where there is an attempt to reduce
potential odour conflicts while balancing or mitigating against other potential concerns, such as environmental
impacts, public health and safety or natural and human-made hazards.
The following is a list of questions a municipality or a committee of adjustment may ask when considering
a reduction to an MDS I setback. Think through these questions as per Implementation Guideline #43. The
list of questions does not represent an exhaustive list, as other site specific circumstance might be relevant.
Consider the questions (and other relevant issues) with any one or more of them not necessarily being
determinative. In some cases, a surrounding land use, environmental, safety or practicality issue may warrant
a reduced MDS I setback if the intent of this MDS Document can still be met.
Surrounding Land Uses
- Is the proposed development similar to others on surrounding lands in the vicinity?
- Is the proposed location further away from the surrounding livestock facility or anaerobic digester than
other existing development or dwellings in the area?
- Is there a history of complaints in the area related to nuisance issues?
Environmental Concerns
- Would meeting the MDS setback mean that the proposed development or building would affect surface
water features (e.g., streams, ditches, municipal drinking water intake protection zones, drains, ponds,
lakes, open catch-basins, etc.)?
- Would meeting the MDS setback mean that the proposed development or building would affect
groundwater features (e.g., municipal wells, bedrock, aquifers, municipal drinking water wellhead
protection areas, surrounding wells, etc.)?
- Are there other natural or environmental features on the lot that should be considered (e.g., wetlands,
woodlots, etc.)?
- Would meeting the MDS setback mean that the proposed development or building would require a
stream crossing or create more potential for environmental risk?
Safety
- Is there a safety issue related to the poor state of repair of an existing building that should be replaced?
- Would siting the new building or development in a location that met MDS I setbacks result in a public
safety concern, (e.g., building would be located within a 'sight triangle' of an intersection, accessed from
a busy road when another safer entrance is available, located in proximity to an active gas well or some
other human-made hazard or located within a flood plain or some other natural hazard?)
Practicality
- Would the proposed development or building improve the existing situation (e.g., the new building is
further away from the surrounding livestock facility or anaerobic digester than an existing building on site
it is replacing, but still doesn't meet the required setback)?
- Does the proposed reduction to the MDS I setback permit the new development or building to meet
some other regulatory setback requirement?
- Is the proposed development or building a logical extension of an existing development or building which
may have been successfully sited in accordance with a previous version of the MDS Formulae and
Guidelines?
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- Can site plan design assist in reducing the potential for nuisance complaints? For example, a golf course
is zoned to a lot line, but lands within an MDS setback are designated as 'out of play' and are not part
of the golf course; or a settlement area boundary is extended to a lot line, but lands within an MDS I
setback may only be used for infrastructure, such as a storm water management pond.
Reducing MDS II Setbacks
Implementation Guideline #43 from the MDS Formulae provides specific direction on minor variances and
reducing required MDS II setbacks; it states:
"MDS II setbacks should not be reduced except in limited site specific circumstances that meet the intent
of this MDS Document. Examples may include circumstances that mitigate environmental or public health
and safety impacts, or avoid natural or human-made hazards.
If deemed appropriate by a municipality, the process by which a reduction to MDS II may occur is typically
a minor variance to the local zoning by-law or to a lesser extent a site specific zoning by-law amendment."
NOTE: The MDS II setbacks for anaerobic digesters referenced in Implementation Guideline #22 cannot be
reduced through Implementation Guideline #43. The following only speaks to reductions to MDS II setbacks
for livestock facilities.
OMAFRA does not generally support or encourage reductions to MDS II distances. The intent of MDS II is
to minimize nuisance complaints associated with livestock facilities and anaerobic digesters due to odour,
thereby reduce potential land use conflicts. It may often be possible to find opportunities to site first or altered
livestock facilities where MDS setbacks can be met. Assess the requirement to meet MDS II at the time when
considering new on-farm construction projects for first or altered livestock facilities.
This Implementation Guideline provides two main points to consider regarding minor variances for reducing
MDS II setbacks. First, this document recognizes that reductions to MDS II setbacks can be considered and
may be appropriate in some circumstances, especially to address issues related to expansions of existing
operations. Second, the types of setback reductions that could be considered and may be appropriate are
those that attempt to reduce potential odour conflicts while balancing or mitigating against other potential
concerns, such as environmental impacts, public health and safety, or natural and human-made hazards.
There are many reasons why a livestock facility cannot meet MDS II setbacks, especially for existing operations
that are looking to expand. Due to their age, there are many existing livestock facilities that simply were not
sited in accordance with MDS II setbacks, and yet have existed adjacent to surrounding development or
dwellings for many years with no nuisance complaints related to odour. Farm operations were traditionally sited
near roads and water courses; however, these types of locations, especially for existing operations which are
expanding, impose other types of constraints rather than odour that may be more important to address. In
some circumstances, it may be more important to address environmental concerns, public safety issues or
potential hazards rather than meet an MDS II setback. Considering appropriate reductions to MDS II setbacks
provides an opportunity for these types of issues to be considered at the local level.
The following is a list of questions a municipality or a committee of adjustment may ask when considering a
reduction to an MDS II setback. Think through these questions as per Implementation Guideline #43. The
list of questions does not represent an exhaustive list, as other site specific circumstance might be relevant.
Consider the questions (and other relevant issues) with any one or more of them not necessarily being
determinative. In some cases, a surrounding land use, environmental, safety or practicality issue may warrant
a reduced MDS II setback if the intent of this MDS Document can still be met.
8. ADDITIONAL INFORMATION
103
Surrounding Land Uses
- Is the proposed livestock facility similar to others on surrounding lands?
- Is there much existing development or many dwellings surrounding the subject lands?
- Is the proposed location of the first or altered livestock facility farther away from surrounding development
or dwellings than any previous or existing livestock facilities on the lot?
Environmental Concerns
- Is there a history of environmental issues or nuisance complaints related to the farm operation which
can be addressed through the proposal?
- How does the proposed livestock facility affect surface water features (e.g., streams, ditches, municipal
drinking water intake protection zones, drains, ponds, lakes, open catch-basins, etc.)?
- How does the proposed livestock facility affect groundwater features (e.g., municipal wells, bedrock,
aquifers, municipal drinking water wellhead protection areas, surrounding wells, etc.)?
- Are there other natural features or environmental features on the lot that should be considered (e.g.,
wetlands, woodlots, etc.)?
- Would a location that met MDS reduce or increase the need to move equipment over a stream and
create more potential for environmental risk?
- Would permitting a larger manure storage that does not meet the MDS II setback reduce manure
spreading events, especially during winter months, or improve nutrient management practices?
Safety
- Is there a safety issue related to the poor state of repair of an existing livestock facility (e.g., existing
manure storage is aged, in disrepair and should be replaced)?
- Would a location that met MDS place a livestock facility near an active gas well?
- Would a location that met MDS place a livestock facility in a flood plain?
- Would a location that met MDS place a livestock facility in a 'sight triangle' of an intersection or result in
a location that will create a driveway that may be unsafe for accessing the road?
Practicality
- Is the proposed livestock facility consistent with the intent of local zoning?
- Is there likely to be any noticeable increase in odour produced from the proposed livestock facility?
- Does the proposed livestock facility improve odour conditions compared to existing buildings on the lot
(e.g., an uncovered storage is being replaced with a covered storage)?
- Is a reduced setback needed from the edge of a road allowance or lot line in order to meet an MDS II
setback from a dwelling?
- Is a reduced MDS II setback needed from an unopened road allowance?
When considering reductions to an MDS II setback, municipalities may wish to consult with OMAFRA staff
for input regarding technical questions or issues. OMAFRA staff will not provide recommendations regarding
specific applications to reduce or vary MDS II setbacks, as the decision to grant a minor variance rests with
the municipality's committee of adjustment.
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8.3 Livestock Barn Identification
Introduction
Livestock barns are agricultural buildings with many uses, such as housing livestock, storing grain and
farm equipment, workshops and garages. MDS setbacks are only applied to agricultural buildings that are
structurally sound and reasonably capable of housing livestock -- at which point they qualify as livestock barns.
To calculate the MDS setback distance, the type and number of livestock that can be housed in the livestock
barn must be known.
If the livestock barn is empty, an estimate of the number of livestock that can be reasonably housed is
required. The farm operator is a reliable source for the majority of this information including the number, type
and description of livestock housed, and the area that could reasonably be used to house livestock. In some
instances, there may be a need to obtain independent verification of the information provided by the owner of
the livestock facility. In these circumstances, livestock barn identification can be an important skill for land use
planners and building officials.
The barn layout will convey the type of livestock housed within; however, relying on structural characteristics
alone can be misleading, especially with older livestock barns such as bank barns. Various structural features
may help in determining the type of livestock housed in the barn. Indicators of maintenance and the relative
size of buildings are also important in determining the type of livestock housed in the barn.
The following provides some information that may assist in the identification of various livestock barns.
Dairy Barns: Tie Stall Barn
Identifier
Comments
Typical number of animals housed
Smaller herds between 30 to 60 cows
Number of stories
One-story in newer barns, two-story in older barns
Things to look for
Calf hutches, milking equipment room, vertical silos, solid
manure pile, stable cleaner
Typical manure storage types
Solid manure, but liquid manure systems are becoming
popular
Figure 9. Exterior of a tie stall dairy barn.
Figure 10. Interior of a tie stall dairy barn.
8. ADDITIONAL INFORMATION
105
Dairy Barns: Free Stall Barn
Identifier
Comments
Typical number of animals housed
Herds from 40 to 500 cows or more
Number of stories
One-story
Things to look for
Calf hutches, attached milking parlors, vertical silos, large
horizontal bunker silos, open side wall curtains, modular
natural ventilation chimneys along roofline for ventilation,
drive-through feed alleys (large end doors)
Typical manure storage types
Liquid manure in earthen, concrete or steel storages;
possibly an anaerobic digestion system
Figure 11. Exterior of a free stall dairy barn.
Figure 12. Interior of a free stall dairy barn.*
*Source: Farm and Food Care Ontario
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Swine Barns: Sow Barn
Identifier
Comments
Typical number of animals housed
100 to 3,000 sows or more
Number of stories
One-story
Things to look for
Concrete sandwich wall construction (concrete walls,
ventilation fans on side walls or through the roof, few,
if any, windows, loading chute
Typical manure storage types
External earthen, concrete or steel liquid manure storages,
or under-barn storage with external pump outs visible
Figure 13. Exterior of a one-story sow barn.*
*Source: Farm and Food Care Ontario
Swine Barns: Weaner Barn
Identifier
Comments
Typical number of animals housed
1,000 to 4,000 weaners or more
Number of stories
One-story
Things to look for
Concrete sandwich wall construction, ventilation fans on
side walls or through the roof, no windows, loading chutes,
feed bins one end
Typical manure storage types
Liquid manure is stored in external earthen, concrete or
steel storages, or under barn storage with external pump
outs visible
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107
Swine Barns: Feeder Pigs (Farrow and Finish)
Identifier
Comments
Typical number of animals housed
1,000 to 2,000 pigs per barn
Number of stories
One-story
Things to look for
Ventilation fans on side walls or through the roof, or wide
open curtain walls for natural ventilation, loading chutes,
feed bins on end
Typical manure storage types
Liquid manure under barn
Figure 14. Exterior of a finishing swine barn with
liquid manure storage under the barn.
Figure 15. Interior of a finishing swine barn with
liquid manure storage tanks under the barn.*
*Source: Farm and Food Care Ontario
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Chicken Barns: Broiler Barns
Identifier
Comments
Typical number of animals housed
Housing 10,000 to 30,000 broilers
Number of stories
Historically these were two-story, but the trend in recent
years has been to one-story
Things to look for
Wood frame/metal clad construction, large ventilation
fans often on one end with smaller side ventilation fans,
feed bins on one end, big cleanout doors on one end,
concrete area at that end for cleanout, small man doors
located approximately every 15 m down one side of the
building for loading birds
Typical manure storage types
Solid manure that is cleaned out between each crop
(4-6 crops/yr) and stored in open or covered bunker type
storage OR removed from farm entirely
Figure 16. Exterior of a chicken broiler barn.*
Figure 17. Interior of a chicken broiler barn.*
*Source: Farm and Food Care Ontario
8. ADDITIONAL INFORMATION
109
Chicken Barns: Laying Hen Barns
Identifier
Comments
Typical number of animals housed
Housing several thousand layers in tiered cages
Number of stories
One-story, but could be two-story
Things to look for
Wood frame/metal clad construction, ventilation fans on
side walls, high sidewalls 3-6 m, egg packing room at
front of barn with truck loading door
Typical manure storage types
Newer barns have solid manure storage off to side or at
end filled by attached augers or conveyors from barn,
older ones may have manure stored on ground floor or in
liquid storage
Figure 18. Exterior of a chicken layer barn.*
Figure 19. Interior of a chicken layer barn.*
*Source: Farm and Food Care Ontario
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Horse Barns
Identifier
Comments
Typical number of animals housed
Usually 1 to 50 horses
Number of stories
Typically two-story, as horse farms often store hay above
the stable, but some newer barns are one-story with hay
stored at one end; hip roof barns are common
Things to look for
Lots of windows (with metal bars), often a large riding
arena attached to one end, side ventilation fans,
wood fences
Typical manure storage types
Solid manure that is cleaned out daily and is often stored
on site for long periods and taken directly off farm in
many cases
Figure 20. Exterior of a horse barn.**
Figure 21. Interior of a horse barn.**
**Source: Shutterstock
8. ADDITIONAL INFORMATION
111
Sheep Barns
Identifier
Comments
Typical number of animals housed
10 to 1,000 ewes, usually for meat purposes
(seeing an increase in dairy ewe operations)
Number of stories
Two-story, although some larger facilities are one-story
Things to look for
Many hobby size operations, usually older bank barn
facilities; newer construction may have curtain side wall/
roofline chimneys; drive-through feed alley
Typical manure storage types
Solid manure pack under the sheep that is only cleaned
out periodically
Figure 22. Exterior of a sheep barn and yard.
Figure 23. Interior of a sheep barn.
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Beef Barns: Barn with External Yard
Identifier
Comments
Typical number of animals housed
10 to 200 cattle
(although there are larger cattle operations)
Number of stories
One-story in newer barns, two-story in older barns
Things to look for
Cattle outside of the barn in the yard area or pasture,
windbreak fences along yard, hay feeders in yard or
fenceline feedbunk, round bales or baleage stored
near barns
Typical manure storage types
Solid manure pack in barn that is cleaned out periodically
Figure 24. Exterior of an open front beef barn with
yard.
8. ADDITIONAL INFORMATION
113
Beef Barns: Confined Feedlot Arrangement
Identifier
Comments
Typical number of animals housed
50 to 2,000 cattle
Number of stories
Usually one-story but may include parts of older bank barn
Things to look for
Barn similar to dairy barns -- curtain sidewall/panels with
ventilation chimneys along roofline, drive-through feed
alley, large bunker silos and loading chutes near front
of barn
Typical manure storage types
Solid manure pack inside barn or fully slatted floor with
liquid manure storage underneath
Figure 25. Interior of a beef barn.
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Turkey Barn: Hens or Toms
Identifier
Comments
Typical number of animals housed
Usually 500 to 4,000 turkeys
Number of stories
One or two-story
Things to look for
Wood frame construction with metal cladding,
mechanically ventilated look similar to broiler chicken
barns, naturally ventilated side walls with 'turkey' curtains,
big cleanout doors on one end, concreted area at that end
for cleanout
Typical manure storage types
Solid manure that is cleaned out between each crop
Figure 26. Exterior of a turkey barn.
Figure 27. Interior of a turkey barn.
Field Shade Shelters
Field shade shelters are NOT livestock barns,
and as such do not require an MDS setback in
accordance with the definition of livestock barn and
Implementation Guideline #3 (Figure 28). These
buildings are often located in a pasture and generally
have a floor area <10 m2, although some may be
marginally larger than this. Usually these buildings do
not have poured concrete foundations and are not
entirely enclosed on all sides. Field shade shelters
are intended to provide TEMPORARY shelter from
the elements (e.g., sun, wind and precipitation) for
grazing livestock, and are not intended, nor designed
to house livestock for extended periods of time.
Figure 28. Field shade shelter.
8. ADDITIONAL INFORMATION
115
8.4 Manure Storage Identification
Introduction
Manure is a valuable resource for plant growth; however, it requires careful management to protect neighbors
and the environment. There are several choices for storing manure and options continue to improve, expand
and evolve. The Nutrient Management Act, 2002, establishes standards for the construction, siting and sizing
of new manure storages. Information on constructing manure storages is available at ontario.ca/omafra.
Solid manure usually has bedding material added (e.g., straw or wood shavings) so that it can be easily
stacked in a pile. Adding bedding material also helps keep the manure as dry as possible, therefore reducing
odour. Under both this MDS Document and the Nutrient Management Act, 2002, solid manure is considered
to have a dry matter content of at least 18%. Manure with at least 30% dry matter content is easier to pile
and produces few odours; ease of storage diminishes and odour increases when there is <30% dry matter
content.
Liquid manure has a dry matter content of <18% and is stored under the barn or in in-ground storage tanks.
Liquid manure storage tanks are sometimes left uncovered; odour can be significantly reduced with the use of
a variety of different types of permanent covers.
Storages with Very Low Odour Potential
V1 Storage Type (See Tables 5 and 6)
Identifier
Comments
Inside barn/outside barn
Inside
Covered/not covered
Covered
Solid/liquid
Solid
Typical associated livestock
Swine, dairy, poultry, beef, sheep, goats
Additional features
Bedded pack, usually with layers of straw or shavings
Figure 29. Interior of a swine barn with bedded pack
manure system (V1).
Figure 30. Interior of a sheep barn with bedded pack
manure system (V1).*
*Source: Jillian Craig
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V2 Storage Type (See Tables 5 and 6)
Identifier
Comments
Inside barn/outside barn
Outside
Covered/not covered
Covered -- roof-like structure that may take various forms
Solid/liquid
Solid
Typical associated livestock
Chickens (layers or broilers), dairy
Additional features
Cover keeps off precipitation to prevent runoff, storage
is usually located right beside the barn and is filled by
augers, conveyor belts or the manure is manually pushed
into them
Figure 31. Covered solid manure storage (V2) with
slatted walls.
Figure 32. Covered solid manure storage (V2) with
slatted walls.
8. ADDITIONAL INFORMATION
117
V3 Storage Type (See Tables 5 and 6)
Identifier
Comments
Inside barn/outside barn
Outside
Covered/not covered
No cover
Solid/liquid
Solid ≥30% dry matter (manure is dry enough that a
flow path option is used for runoff control, as per the
Nutrient Management Act, 2002); a flow path control is
a permanently vegetated area (PVA) that separates the
storage from sensitive environmental features
Typical associated livestock
Horses, chickens (broilers), turkey
Additional features
Requires a lot of bedding to make it dry enough
Figure 33. An outdoor, uncovered solid manure storage (V3).
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V4 Storage Type (See Tables 5 and 6)
Identifier
Comments
Inside barn/outside barn
Outside
Covered/not covered
Covered
Solid/liquid
Solid 18-<30% dry matter, with a covered liquid runoff
storage (manure not dry enough to soak up precipitation,
so a liquid runoff storage is needed but has a permanent
tight-fitting cover)
Typical associated livestock
Dairy, beef
Additional features
Milk house washwater generally is placed into the runoff
storage as well -- this type is not commonly built
Figure 34. An uncovered solid manure storage with
covered liquid runoff storage (V4).
8. ADDITIONAL INFORMATION
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V5 Storage Type (See Tables 5 and 6)
Identifier
Comments
Inside barn/outside barn
Inside
Covered/not covered
Covered (under barn)
Solid/liquid
Liquid
Typical associated livestock
Swine, dairy, beef
Additional features
Underneath slatted floor (i.e., manure is stored under
animals in the barn or in tanks found on one side of
the barn)
Figure 35. Slatted floor of barn for liquid manure
storage under the barn (V5).
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V6 Storage Type (See Tables 5 and 6)
Identifier
Comments
Inside barn/outside barn
Outside
Covered/not covered
Covered, permanent tight-fitting lid (negative pressure
tarp, concrete lid, inflatable dome cover, etc.)
Solid/liquid
Liquid
Typical associated livestock
Swine, dairy, chicken (layers), mink
Additional features
A permanent cover that remains in place over time is the
key feature for this storage type
Figure 36. Tight-fitting negative pressure tarp for
liquid earthen manure storage (V6).
Figure 37. Raised base of liquid storage with tightly-
sealed inflatable dome cover visible (V6).
8. ADDITIONAL INFORMATION
121
Storages with Low Odour Potential
L1 Storage Type (See Tables 5 and 6)
Identifier
Comments
Inside barn/outside barn
Outside
Covered/not covered
Not covered
Solid/liquid
Solid (18-<30% dry matter with uncovered liquid runoff
storage)
Typical associated livestock
Dairy, beef
Additional features
Manure is not dry enough to soak up precipitation, so
liquid runoff storage is needed; it is uncovered producing
more odour than with V4 storage; milk house washwater
can be put in the runoff storage as well
Figure 38. Uncovered liquid runoff storage (L1).
Figure 39. A solid, uncovered outdoor storage with
uncovered liquid runoff storage (L1).
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L2 Storage Type (See Tables 5 and 6)
Identifier
Comments
Inside barn/outside barn
Outside
Covered/not covered
Permanent floating cover (e.g., tarps, foam panels, plastic
hexagon discs, etc.)
Solid/liquid
Liquid
Typical associated livestock
Swine, chicken (layers), mink
Additional features
A permanent floating cover that remains in place over time
is the key feature
Figure 40. Round liquid manure storage with floating permanent cover comprised of plastic hexagon discs (L2).
8. ADDITIONAL INFORMATION
123
Storages with Medium Odour Potential
M1 Storage Type (See Tables 5 and 6)
Identifier
Comments
Inside barn/outside barn
Outside
Covered/not covered
Not covered
Solid/liquid
Liquid
Typical associated livestock
Swine, dairy, beef, mink
Additional features
Straight or vertical walls reduce the catchment area for
precipitation on the storage, unlike the sloped sides of
the H1 earthen manure storage -- these storages are
common
Figure 41. In-ground, uncovered, vertical wall liquid
manure storage (M1).
Figure 42. An above-grade, uncovered, vertical
wall liquid manure storage and clean-out access
ramp (M1).
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M2 Storage Type (See Tables 5 and 6)
Identifier
Comments
Inside barn/outside barn
Outside
Covered/not covered
Covered (roof)
Solid/liquid
Liquid
Typical associated livestock
Dairy, chicken (layers)
Additional features
Roof keeps out precipitation, but open sides allow wind to
travel over manure and carry away odours these are not
common manure storages
Figure 43. Front view of a roofed liquid storage
facility (M2).
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125
Storages with High Odour Potential
H1 Storage Type (See Tables 5 and 6)
Identifier
Comments
Inside barn/outside barn
Outside
Covered/not covered
Not covered
Solid/liquid
Liquid
Typical associated livestock
Swine, dairy, beef, mink
Additional features
Earthen manure storages are NOT earthen runoff storages
associated with solid manure storages listed as L1;
earthen storages have sloped sides which have a greater
catchment area for precipitation than the M1 type; they are
a common storage, catch a lot of precipitation and have a
larger surface area which increases odour production
Figure 44. An earthen manure storage; note the
sloped sides and no cover (H1).
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The following is a summary of the manure storage types and the most common or likely livestock types
that may be associated with them. Use this table as a reference when little detail is known about the farm
operation for which an MDS calculation is being prepared. It is helpful to approximate the most likely manure
storage type; however, never use it as a substitute for proper field research and outreach to the landowner or
farm operator.
Manure
Storage Type
Livestock Commonly Associated
V1
-
-
beef cow/calf, dairy heifer/dry cow and swine operations with solid manure systems, as well as
goat and sheep
litter based poultry operations (e.g., broiler chickens, broiler breeders, turkeys, ducks, pheasants,
guinea fowl, etc.)
V2
-
-
litter based poultry operations (e.g., broiler chicken, broiler breeder, turkey, ducks, pheasants,
guinea fowl, layer hens, etc.)
mink operations with solid manure systems as well as horse and rabbit operations
V3
-
-
litter based poultry operations (e.g., broiler chicken, turkey, ducks, pheasants, guinea fowl, etc.)
horse, donkey, sheep or goat operations
V4
-
dairy, beef and swine operations with solid manure systems
V5
-
-
dairy, beef and swine operations with liquid manure systems
veal or duck operations with liquid manure systems
V6
-
mink, layer hen and swine operations with liquid manure systems
L1
-
dairy and beef operations with solid manure systems
L2
-
dairy, beef and swine operations with solid manure systems that utilize uncovered liquid runoff
tanks as part of the manure storage
M1
-
mink, layer hen and swine operations with liquid manure systems
M2
-
dairy, beef and layer hen operations with liquid manure systems that use manure storages which
have a roof but open sides
H1
-
dairy, beef and swine operations with liquid manure systems that use earthen manure storages
8. ADDITIONAL INFORMATION
127
8.5 Structural Capability of Housing Livestock or Storing Manure
Introduction
This MDS Document requires that MDS I and MDS II are applied to livestock facilities that are structurally
sound and reasonably capable of housing livestock or storing manure. Barns (or storages) that are NOT
structurally sound or reasonably capable of housing livestock or storing manure should NOT be considered in
MDS, because of safety, environmental and functionality reasons.
When evaluating whether barns and storages are structurally sound and reasonably capable of housing
livestock or storing manure, evaluators should assume the barn (or storage) passes both these tests, until it
is demonstrated otherwise. Only professional engineers or consultants knowledgeable about livestock facilities
should provide input on these decisions, with the municipal building official ultimately making the final
determination using any valid internal or external input. There is no all-inclusive prescriptive checklist to make
these determinations.
The following questions may be helpful for municipal building officials, professional engineers and/or
consultants, knowledgeable about livestock facilities, to consider. The more questions answered 'Yes', means
a barn (or storage) is less likely considered viable. Questions are not equally weighted, because if a barn (or
storage) is not structurally sound the remainder of the questions do not matter.
Structural Considerations for Livestock Barns
Foundation
The foundation of a barn provides structural support for the entire building.
- Is it crumbling, missing mortar and in disrepair?
- Is there a dirt floor in part, or throughout the entire barn?
- Is there evidence of water damage either inside or outside the barn walls?
- Has the main barn structure shifted away from a bank bridge (if present)?
- Is there major concrete work needed inside?
- Would reasonable people avoid spending money to repair the foundation properly?
Walls
The walls of a barn provide support for the roof and additional stories, shelter from the elements, natural
lighting and ventilation through windows, amongst other functions.
- Are any walls no longer vertical and leaning in one or more directions?
- Do the windows need replacement?
- Is there missing insulation, or was there never any insulation at all?
- Is there a modern ventilation system with exhaust fans, controlled air inlet systems or thermostatic
controls?
- Have load-bearing walls been removed without replacing them with comparable support?
- Would reasonable people avoid spending money to repair the walls properly?
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Roof
The roof can be costly to replace, upgrade or repair. It can also be a potential hazard if it has gone without
inspection and upgrades for some time. Leakage and structural concerns can pose a safety risk, especially
when expensive livestock, equipment, etc. are stored within.
- Does the roof show evidence of leaking?
- Are there structural issues such as sagging, cracked rafters or missing components?
- Do truss gusset plates show any rust?
- Does the roof system look outdated?
- Does the roof system appear to be out of compliance with current building code standards?
- Would reasonable people avoid spending money to repair the roof properly?
Internal Structure
Alterations over time to the inside of the barn may have unintentionally removed required posts, structural
beams, joists, studs or other important components, reducing the safety of the building. Additional wear and
tear on these components may have weakened the structure. The cost to repair these features may outweigh
the usefulness of the barn.
- Is there evidence of posts, structural beams or joists having been cut out or removed?
- Are there damaged posts or sagging beams that appear in poor shape?
- Is there evidence of rotten wood so that you can push a jackknife right into them?
- Is there evidence of damage from vermin?
- Does the barn have a musty odour, suggesting water damage?
- Does the floor need to be entirely replaced?
- Would reasonable people avoid spending money to repair the internal structure properly?
"Reasonably Capable" Considerations for Livestock Barns
Barn Location
Barn location can influence the overall desirability of using the barn for livestock. Its location may increase the
appeal to use it as a garage, workshop or other non-livestock housing use.
- Is the barn close to a road, stream, residential area or features that might prevent someone from
wanting to use the building for livestock?
- Is the barn close enough to an owner's house that they'd likely not use it for livestock?
- Is expansion of this barn going to be difficult given the location of surrounding uses?
- Is the barn located in a zone that doesn't permit agricultural uses (e.g., settlement area)?
- Would reasonable people avoid spending money to repair the barn given its location?
Size and Shape of the Barn
The size and shape of a barn can influence its potential use. Small barns that are not easily expanded may
be desirable for small hobby operations, but perhaps not suitable for someone with the intent to pursue a
commercial operation. Low ceiling heights might preclude horses or other tall livestock.
- Is the barn quite small for the type of livestock typically housed in that type of barn?
- Is the barn one-story without any spot for hay or straw storage, if required for the type of livestock likely
to be housed?
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129
- Is the barn narrow (<8 m wide)?
- Is the ceiling height low (<2 m high)?
- Would reasonable people avoid spending money to renovate given the barn size and shape?
Historical Use of Barn for Livestock
The history of a barn may influence decisions about whether it can still house livestock. Stalls, water and feed
troughs, electrical upgrades, manure systems, etc. may help in figuring out how long it has been since the
barn last housed livestock. It may also provide evidence regarding what else the barn may have been used for
in the past.
- Was the building originally constructed for purposes other than housing livestock, such as fruit packing,
tobacco packing, machinery shed, etc.?
- Are elements from these previous uses still present inside the barn?
- Would reasonable people avoid spending money to renovate given the original use of barn?
Era of the Barn
The barn age may provide clues as to the types of damage that should be looked for in the foundation, walls
and roof. It may also influence the size and shape of the barn. When the barn was built may affect its ability to
be converted for other types of livestock, besides what it was originally constructed for.
- If the barn was originally constructed to house a specific type of livestock, has the industry standard for
that livestock changed significantly?
- Was the barn constructed more than a generation ago?
- Would reasonable people avoid spending money to repair the barn given its construction era?
Current Use of the Barn
Current uses of the barn, or parts of it, may have altered the barn from its original layout and function. This
may include removing stalls, feeding and watering troughs, stable cleaner, etc. These features might have to
be replaced to use the barn for housing livestock.
- Is the barn used now as storage for machinery, boats, feed, lumber, etc.?
- Is the barn used as a workshop or for any other purposes?
- Have interior features of the barn been removed (e.g., stalls) and must now be replaced?
- Could these features be replaced without requiring a building permit?
- Is the facility, or could the facility be, insured?
- Would reasonable people avoid spending money to put the barn back to its original use?
Other Livestock Facilities and Related Buildings
The presence and condition of related infrastructure or other buildings on site in addition to the barn in
question may influence the type of activities or type of livestock that the barn could still house. The costs
associated with replacing or upgrading these features, and whether they are still required for the type of
livestock most likely to be housed on site, may influence the usability of the barn for housing livestock.
- Is this the only livestock barn on the site that has any opportunity of being used?
- Is this the only livestock barn in the surrounding area?
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- Is there missing 'supporting infrastructure' on site that would normally be associated with a livestock
building such as electrical power, water wells, water lines, silos, feed bins, hay storage, feed bunks,
manure storage and other equipment?
- Would reasonable people avoid spending money to replace or upgrade infrastructure on site?
STRUCTURAL CONSIDERATIONS FOR Manure Storages
Foundation/Walls/Roof/Internal Structure
Manure storages, especially liquid manure storages, have improved over the past generation. The first liquid
manure storages (concrete, steel, earthen) appeared in the 1960s. The first concrete liquid manure storages
were <10 m in diameter and about 2 m deep.
- Is there evidence the foundation has been undermined by damage?
- Is there evidence the storage has leaked manure with staining on the outside?
- Are any walls no longer vertical and leaning in one or more directions?
- Is there evidence of rusted reinforcing bars in the concrete?
- Would reasonable people avoid spending money to repair the manure storage properly?
"Reasonably Capable" Considerations for Manure Storages
Storage Location, Size and Shape, Historical Use, Era, Current Use, Other Facilities
- Is the manure storage close to a road, stream, residential area or features that might prevent someone
from wanting to use the structure for storing manure?
- Is the manure storage so close to an owner's house that they likely would not use it?
- Is the manure storage small by today's standards on other farms?
- Is adding additional storage capacity going to be difficult given the location of surrounding uses?
- Was the structure used as manure storage before the Nutrient Management Act, 2002, came into effect?
- Is there missing 'supporting infrastructure' on site that would normally be associated with a manure
storage, such as pumps, loaders, manure spreader, tractor, etc.?
- Would reasonable people avoid using the storage because it is functionally outdated?
8.6 Design Capacity of Livestock Facilities
Introduction
MDS calculations cannot be completed without knowing the number of livestock, area of livestock housing, or
Nutrient Units for livestock barns, and the volume, or Nutrient Units for manure storages. The best information
comes from the owner/operator who knows the type and number of livestock on the farm, and the type and
size of manure storages. However, it may be necessary to estimate this information because it is not available
from the owner/operator, or the livestock barn is unoccupied or the manure storage is unused.
There are two methods available for MDS users to consider for guidance since there are so many factors
that affect design capacity such as owner/operator preference, buyer requirements with respect to animal
welfare space, animal age, type of housing system, age and available space of a barn, wider feed alleys to
accommodate new feeding technologies, site specific circumstances, etc. It is reasonable to accept some
variation between the design capacity estimated by the MDS software (AgriSuite) versus that provided
by an owner/operator. If the variation is reasonable, it is recommended that the information provided by
8. ADDITIONAL INFORMATION
131
an owner/operator be used. Ontario has a diverse agricultural community, with a wide variety of livestock
facilities that have been constructed over a long period of time, with different local, cultural and management
considerations. It is not unreasonable to state no two livestock barns are alike.
1. Estimating Number of Animals Using the Database in the MDS Software (AgriSuite)
The MDS software (AgriSuite) includes many different floor area/animal (m2/animal) averages based
on typical animal types, sizes and housing methods used on Ontario farms. Unfortunately, it is
impossible to include every possible system in use because there can be significant variation between
livestock barns. The MDS software is helpful to give first approximations about how much floor area
makes sense for a typical livestock barn:
a) Open the MDS software (AgriSuite) and proceed as if to complete an MDS calculation.
b) In the Livestock/Manure Information area, click on the Add Livestock/Manure button. This opens
Livestock/Manure screen. Enter information for three drop-down menus on livestock type,
description and system. For example, choose Swine.... Feeders (27-129.5 kg).... Full Slats.
c) Click on the button marked with a calculator logo to show two things:
i.
first, a box to enter the total floor area of the livestock barn (m2 or ft2)
ii. second, the estimated floor area per animal based on earlier inputs
d) Type in the total floor area and hit Tab or click OK. The MDS software then calculates an estimate
of the maximum number of livestock that can be housed in the livestock barn.
2. Estimating Number of Livestock, Area of Livestock Housing and/or Volume for Unoccupied Livestock
Barns or Unused Manure Storages
When livestock barns or manure storages have not been used for some time, or there is a new owner,
they may not know how many, or what type of livestock could be housed within the building. Apply MDS
if the livestock barns are structurally sound and reasonably capable of housing livestock. Also consider
the potential for manure storage. Base MDS on the most probable values for Factors A, B and D given
site specific circumstances.
a. Unoccupied Livestock Barns
The best information comes from the owner/operator who knows, or knew, the type and number of
livestock housed. If unable to obtain more specific information as outlined in Implementation
Guideline #16, the following Factors may apply for unoccupied livestock barns:
- Factor A = 1.0
- Factor B, based on 1 Nutrient Unit/20 m2 of floor area (use one floor only)
- Factor D = 0.7 (based on most probable barn use; solid manure)
However, an MDS I setback is not required for any unoccupied livestock barns when:
- the building has been deemed by a municipal building official, with input from a professional
engineer or a consultant knowledgeable about livestock facilities where appropriate, as being
not structurally sound nor reasonably capable of housing livestock; or
- the portion of the lot on which the unoccupied livestock barn is located is zoned such that
livestock facilities are not permitted; or
- the floor area of the unoccupied livestock barn is <100 m2 .
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b. Unused Manure Storages for Solids
It is not often that one needs to know the volume of manure storages in order to calculate an MDS
setback. It only occurs when there are no livestock on a lot. The best information comes from the
owner/operator who knows, or knew, the type and volume of the manure storage. If unable to obtain
more specific information as outlined in Implementation Guideline #16, apply the following Factors for
unused manure storages for solids:
- Factor A = 1.0
- Factor B, based on 1 Nutrient Unit/19.8 m3 of volume for storages with two or more walls
(NOTE: Assume manure is stored 1 m deep over the area enclosed by the two or more walls if
using aerial photography.)
- Factor D = 0.7 (based on solid manure)
However, an MDS I setback is not required for any unused manure storages for solids when:
- there are only one, or no, walls; or
- the storages have been deemed by a municipal building official, with input from a professional
engineer or a consultant knowledgeable about livestock facilities where appropriate, as being
not structurally sound nor reasonably capable of storing manure; or
- the portion of the lot on which the unused manure storage is located is zoned such that
livestock facilities are not permitted; or
- the floor area of the unused manure storage is <100 m2 .
c. Unused Manure Storages for Liquids
The best information comes from the owner/operator who knows, or knew, the type and volume of
manure storage. If unable to obtain more specific information as outlined in Implementation Guideline
#16, apply the following Factors for unused manure storages for liquids:
- Factor A = 1.0
- Factor B, based on 1 Nutrient Unit/19.8 m3 of volume (NOTE: assume manure is stored 2.5 m
deep and level over the area enclosed by storage walls if using aerial photography.)
- Factor D = 0.8 (based on liquid manure)
However, an MDS I setback is not required for any unused manure storages for liquids when:
- the storages have been deemed by a municipal building official, with input from a professional
engineer or a consultant knowledgeable about livestock facilities where appropriate, as being
not structurally sound nor reasonably capable of storing manure; or
- the portion of the lot on which the unused manure storage is located is zoned such that
livestock facilities are not permitted; or
- the floor area of the unused manure storage is <40 m2 .
ontario.ca/omafra