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Attachment "B"
BY-t:~W NO. 60-2019
Schedule 1 of
By-law No. 60-2019
ENACTED BY CITY COUNCIL: MAY 7, 2019
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part A: Preamble
1.
Introduction
This preamble explains the purpose of this Zoning By-law ("By-law") and how it should be
used. While this preamble does not form part of the By-law passed by Council, it is intended to
make the By-law more understandable and easier to reference.
2.
Purpose of this Zoning By-law
The purpose of this By-law is to implement the policies of the City's Official Plan.
The Official Plan contains policies that affect the use of land throughout the municipality.
These policies specify where certain land uses are permitted, and in some instances, specify
what regulations apply to the development of certain lots.
The Official Plan does not regulate the dimensions or resulting built form on a lot-- this is
generally the role of a Zoning By-law. However, the Zoning By-law must conform to the City's
Official Plan that is in effect.
For example, if the City's Official Plan states that lands in the vicinity of a significant natural
heritage feature are to remain and not be disturbed, the Zoning By-law would prohibit the
construction of buildings or structures on those lands.
This By-law replaces the existing City's Zoning By-law, as amended.
The statutory authority to zone land is granted by the Planning Act, R.S.0.1990, as amended.
The Act specifies what a Zoning By-law can regulate. A zoning by-law can:
-
-
-
-
-
prohibit the use of a Jot or buildings for any use that is not specifically permitted by the
zoning by-law;
prohibit the construction or siting of buildings and structures on a lot except in locations
permitted by the zoning by-law;
regulate the type of construction and the height, bulk, location, size, floor area, spacing,
and use of buildings or structures;
regulate the minimum Jot frontage and lot depth;
regulate the proportion of a Jot that any building or structure may occupy;
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-
-
-
regulate the minimum elevation of doors, windows or other openings in buildings or
structures;
require parking and loading facilities be provided and maintained for a purpose permitted
by the by-law; and,
prohibit the use of lands and the construction of buildings or structures on land that has
environmental or archaeological constraints.
3.
Description of By-law Components
This By-law contains 15 Parts.
A-2
The purpose of each part is described below.
Part 1 - Administration and Interpretation
This section of the By-law specifies:
-
Where this By-law applies;
-
Penalties associated with contravention of the By-law;
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How the words and abbreviations in the By-law are to interpreted;
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How to interpret the boundaries of the zones; and,
-
Which by-law to apply to applications that were submitted prior to this By-law coming
into effect.
Part 2 - Definitions
Definitions in this section provide clarity and consistency in the implementation of this By-law.
Part 3 - General Regulations
This section contains a number of regulations that apply to certain types of uses, buildings or
structures regardless of where in the municipality or in what zone they are located.
For example, this section contains regulations on second dwelling units including where they
are permitted, how much area they are allowed to occupy, as well as parking requirements.
Part 4 - Parking and Loading Requirements
This section provides regulations dealing with the number of parking spaces required for uses,
barrier-free parking spaces, minimum parking space size, short-term and long-term bicycling
parking requirements and loading space requirements.
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part 5 - Establishment of Zones
This section sets out the zones and a list of the uses permitted in each zone. If a use is not
specifically listed as a permitted use in a zone then it is not permitted. In some zones, certain
uses are only permitted under specific circumstances or only as accessory to other permitted
uses.
Parts 6-12-Zone Categories (Permitted Uses and Zone Regulations)
This section lists the uses that are permitted in each zone and contain a number of regulations
that control the location and character of buildings and structures and includes, but is not
limited to, minimum Jot size requirements, minimum setbacks from the Jot line to buildings or
structures and building height (i.e. minimum and maximums).
Part 13 - Site Specific Exceptions, Holding Provisions, and Temporary Use Regulations
This section provides a consolidated list of Jots that have exceptions to the normal zone
requirements of this By-law, Jots that have a holding (H) provision applied, and Jots where
temporary uses are permitted. Lots subject to exceptions and/or holding (H) provisions are
identified on the map schedules in Appendix "A".
Part 14-Area Specific Regulations
This section provides a list of four area specific regulations: Source Water Protection Area,
Solid Waste Disposal Assessment Area, Greenbelt Natural Heritage Area, and Natural
Heritage Feature Buffer Area. Land subject to the area specific regulations are identified on
the map schedules in Appendix "A".
Part 15 - Effective Date
This section indicates the date that this By-law came into effect.
Appendix A - Map Schedules
This section contains maps of the City showing the zoning of each Jot.
Appendix B - Illustrations
This section contains illustrations to assist in the interpretation of Part 2- Definitions.
Appendix C - List of Amendments to this By-law
This section contains a list of by-laws passed following the date this By-law came into effect
that amend this By-law.
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Part 1 I Administration and Interpretation
1.1
Title
This By-law may be cited as "the Zoning By-law" for the City.
1.2
Administration
This By-law shall be administered by the City's Director of Planning and Development
Services or designate.
1.3
Defined Area
This By-law applies to all lands within the City of Thorold except for those lands subject to the
Niagara Escarpment Planning and Development Act, R.S.O.1990, as amended. Lands within
the Niagara Escarpment Planning and Development Act, R.S.0.1990, as amended, are
subject to the regulations made pursuant to the Niagara Escarpment Planning and
Development Act, R.S.O. 1990, as amended.
1.4
Definitions
Unless otherwise defined in Part 2 - Definitions, the words and phrases used in this By-law
have their common meaning.
Italicized words throughout this By-law are defined in Part 2- Definitions with the exception of
legislation references.
1.5
Schedules
The Schedules attached to this By-law form part of this By-law. Schedule "A" shows the zones
and zone boundaries.
1.6
Compliance with this By-law
a)
No person shall use any land, building or structure, or erect any building or structure,
except in conformity with all applicable provisions of this By-law.
b)
No person shall change the purpose of which any land or building or structure is used
or erect any new building, structure or addition to any existing building or structure or
sever any lands from an existing parcel if the effect of such action is to cause the
original adjoining or remaining buildings, structures or lands to be in contravention of
this By-law.
c)
Any use not specifically permitted by this By-law is not permitted. A use defined in Part
2 - Definitions but not identified as a permitted use in any zone or by a site specific
exception is not permitted.
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1. 7
Enforcement
Any person or corporation that contravenes any regulation of this By-law is guilty of an offense
and upon conviction is liable to the penalties as provided for in the Planning Act, R. S. 0. 1990,
as amended.
1.8
Severability
A decision of a court that one or more of the provisions of this By-law are invalid in whole or in
part does not affect the validity, effectiveness or enforceability of the other regulations or parts
of the regulations of this By-law.
1. 9
Clarifications and Convenience
1-2
a)
In this By-law, the following abbreviations are used:
i)
"m" means metres;
ii)
"ha" means hectares; and,
iii)
"m2" means square metres.
b)
Examples, margin notes, and illustrations are for the purpose of explanation,
clarification, and convenience and do not form part of this By-law.
c)
Any numbers in parentheses following any item in any table indicates that one or more
additional regulations apply to the use, zone, or standard indicated. These additional
regulations are listed below the applicable table.
d)
The following character styles are provided for the purpose of convenience. Their
usage or omission shall not be considered an interpretive statement by the City:
i)
Terms that are defined in Part 2 - Definitions of this By-law have been italicized.
ii)
Titles of Federal or Provincial legislation have been italicized but not defined.
f)
Any reference to legislation or regulations or sections thereof approved by another
public authority shall include any amendments to or successions thereof.
g)
In this By-law:
i)
Words used in the present tense include the future and vice versa;
ii)
Words used in the singular number include the plural and vice versa;
iii)
The word "used' includes arranged, designed or intended to be used; and,
iv)
The word "shall" signifies a mandatory requirement.
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
h)
In this By-law, illustrations are provided to assist in the reader's understanding of the
term or concept and do not form part of the Zoning By-law.
1.10
Relationship to Other Laws and Regulations
a)
Nothing in this By-law shall exempt any person from any obligation to comply with the
requirements of any other municipal, regional, provincial or federal law, by-law or
regulation. Without limiting the generality of this section, this includes compliance with
the Ontario Building Code (Ontario Regulation 350/06), and the permitting regulations
of the Niagara Peninsula Conservation Authority (Ontario Regulation 155/06).
b)
In the event of conflict between this By-law and any other by-law, regulation or law, the
more restrictive requirements shall apply.
1.11
Interpretation of Zone Boundaries
Where determining zone boundaries as shown on the Schedules forming part of this By-law,
the following shall apply:
a)
A boundary indicated as following a street, lane, railway, highway corridor, right-of-
way, utility corridor, unimproved road allowance, or watercourse shall be understood to
be the centre-line of the applicable feature;
c)
An environmental zone (EP1, EP2, EP3) boundary indicated as following the limits of a
natural heritage feature or natural hazard lands shall follow such limits as located
through survey or other similar means. In the event of a natural change to the limits of
a natural heritage feature or natural hazard lands defined more precisely through
Watershed Studies, Environmental Planning Studies or Environmental Impact Studies
(EIS), or mapping approved by the Niagara Peninsula Conservation Authority and
other government or regulatory authority, the environmental zone (EP1, EP2, EP3)
boundary shall move with the change to the limits as so defined.
d)
A boundary shall follow a shoreline and in the event of a natural change in the
shoreline, the boundary shall be construed as moving with the actual shoreline;
e)
A boundary indicated as following the municipal boundaries of the City shall follow
such municipal boundary;
f)
A boundary indicated as following the limit of lands regulated by the Niagara
Escarpment Planning and Development Act, R.S.O.1990, as amended, then this limit
shall be the zone boundary; and,
g)
Where none of the above provisions apply, the zone boundary shall be scaled from the
mapping schedules forming part of this By-law.
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1.12
Split Zoning
a)
Where a lot falls into two or more zones, each portion of the lot shall be subject to the
applicable use permissions and regulations for the applicable zone applying to that
portion of the lot.
b)
Notwithstanding subsection (a) above, parking spaces and stacking spaces required
by this By-law may be provided anywhere on a lot that falls into two or more zones
except that portion of a lot in any environmental zone.
c)
A zone boundary dividing a lot into two or more zones is not a lot line tor the purposes
of this By-law.
1.13
Special Zone Symbols
1.13.1 Site Specific Exception Zones (-X)
Where a zone symbol shown on Schedule "A" is followed by a dash(-) and a number (e.g., -
1 ), the lands shall be subject to the site specific exceptions under the relevant zone category.
The lands shall be subject to all regulations of the relevant zone category and all other
regulations within this By-law except as otherwise stated in the site specific exceptions.
1.13.2 Holding Symbol (H)
Where any zone symbol is followed by a holding (H) symbol, the lands shall be subject to a
holding provision. The requirements to satisfy the removal of the holding (H) symbol shall be
identified within Part 13 - Site Specific Exceptions, Holding (H) Provisions, and Temporary
Uses.
1.14
Public Uses
1.14.1 Nothing in this By-law shall prevent the use of any land, nor the erection and use of any
building or structure for any public use, undertaking, purpose or service, including linear
walkways, recreational, athletic, social and community purposes or services by the
Corporation, by a local Board thereof as defined in the Municipal Act, by the Regional
Municipality of Niagara, by any Ministry or department of the governments of Ontario or
Canada, by Ontario Power Generation Inc., St. Lawrence Seaway Management Corporation,
or any railway company or by any telephone or gas company.
1.154 Transition Provisions
1.1.5,4.1 Nothing in this By-law shall prevent the development or use of a lot, building(s) or structure(s)
for which a complete application as per the Ontario Building Code, as amended for a building
permit was received by the City on or before the date of passing of this By-law, if the
development or use complies with the regulations of the Zoning By-law that affected the lot
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before this By law came into effect.the Local Planning Appeal Tribunal approved the
applicable section(s) of the by-law.
1.1.5,4.2 Where a complete application was received by the City prior to approval of the by-law by the
Local Planning Appeal Tribunal the effective date of this By law for the development or use of
a lot, building(s) or structure(s), approval may be granted, if the application meets the Zoning
By-law that affected the Jot before this By law came into effectthe Local Planning Appeal
Tribunal approved the applicable section(s) of the by-law for the following applications:
a)
Minor variance pursuant to Section 45 of the Planning Act, R. S. 0. 1990, as amended;
b)
Site plan control pursuant to Section 41 of the Planning Act, R.S.0.1990, as amended;
c)
Consent pursuant to Section 53 of the Planning Act, R. S. 0. 1990, as amended; or,
d)
Part lot control exemption pursuant to Section 50 of the Planning Act, R. S. 0 . 1990, as
amended.
1.1.5,4.3 Where the development or use of a Jot, building(s) or structure(s) qualifies under Section
1.1QJ.2, a building permit may be issued after final approval is received for all required
applications and if the development or use complies with the provisions of the Zoning By-law
that affected the Jot before this By law came into effectthe Local Planning Appeal Tribunal
approved the applicable section(s) of the by-law.
1.15.4 Section 1.1 5.1, 15.2, 15.3, 1.15.4 areis repealed in its entirety three five years from the date of
enactment of this By-law.
1.14.5,.5 Section(s) of the By-law that are approved by the Local Planning Appeal Tribunal shall only be
effective as of the day after the Section(s) was approved by the Local Planning Appeal
Tribunal.
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Part 2 I Definitions
Abutting: means a lot line that has any point in common with another lot line that is not part of a
street line. Abut shall have a corresponding meaning.
Abandoned: means a failure to complete work within one year from issuance of a valid building
permit for repair, rehabilitation, or construction of a building or structure on site and/or if the
building or structure does not comply with all codes, contributes to blight, and is not ready for
occupancy.
Accessory Building or Structure: means a detached building and/or structure that are incidental
and secondary or subordinate to the principal/primary use(s) on the same lot.
Accessory/Ancillary Use: means a use subordinate and incidental to the principal/primary use(s)
on the same lot.
Addition: means any expansion or increase in area of a building or structure.
Adult Entertainment Establishment: means any indoor premises or part thereof in which is
provided, in pursuance of a trade, calling, business, occupation or services appealing to or
designed to appeal to erotic or sexual appetites or inclinations including strip clubs and body rub
parlours.
Establishments that retail adult oriented goods; and, services which are provided by a provincially
licensed registered professional, such as a registered massage therapist, are not included.
Affordable Housing: as defined in the Provincial Policy Statement, 2014, means:
a) In the case of ownership housing, the least expensive of:
i) Housing for which the purchase price results in annual accommodation costs which do not
exceed 30 % of gross annual household income for low and moderate income households;
or,
ii)
Housing for which the purchase price is at least 10 % below the average purchase price of
a resale unit in the regional market area.
b) In the case of rental housing, the least expensive of:
i)
A unit for which the rent does not exceed 30 % of gross annual household income for low
and moderate income households; or,
ii)
A unit for which the rent is at or below the average market rent of a unit in the regional
market area.
For the purpose of this definition: Low and moderate income households means, in the case of
ownership housing, households with incomes in the lowest 60 percent of the income distribution for
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the regional market area; or in the case of rental housing, households with incomes in the lowest 60
per cent of the income distribution for renter households for the regional market area.
Agricultural Use: means 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; and associated on-farm buildings and
structures located on the same lot, including, but not limited to livestock facilities and manure
storages.
Agricultural uses include: cropland, feedlot, Christmas trees and nurseries, barns, manure storages
and other associated buildings and structures, grain dryers and feed storages, accommodation for
full-time farm labour, cold storage for the farm's own use only, and greenhouse for growing plants,
but does not include a licensed marijuana production facility or the storage of fill.
Agri-tourism Use: means those farm-related tourism uses, including limited accommodations such
as a bed and breakfast, which promote the enjoyment, education or activities related to the farm
operation.
Agri-tourism uses include: winery, cidery, small-scale micro-brewery (appropriate servicing must be
available for above uses) and related restaurants, cooking classes, food store, road side produce
stands, pick your own facilities, agriculture related special event facilities, farm mazes, and
hayrides.
Agriculture-related Use: means 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.
Agriculture-related uses include: farm produce stand, cold storage and distribution centres serving
operations in the area, processing of produce grown in the area, grain dryer farm operations,
agricultural research centre, farm equipment repair shop, farm implement dealer, auction for
produce grown in the area, and farm input supplier.
Aisle: means an internal motor vehicle route immediately adjacent to a parking or loading space
which provides vehicular access to and from the parking or loading space, but does not include a
driveway.
Alter: when used in reference to:
a)
a building or structure or portion thereof, means any changes in a bearing or non-bearing
wall, partition, column, beam, girder, or other supporting member of a building or structure,
or any increase or decrease in the area of a building or structure; or,
b)
a lot, means to change the frontage, depth or area of a lot or to change the frontage, depth
or area of any required yard, setback, landscape open space area or parking area/lot, or to
change the location of a boundary of such Jot with respect to a public street or Jane, whether
such alteration is made by conveyance or alienation of any portion of said lot, or otherwise.
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The words altered and alteration shall have a corresponding meaning.
Amenity Area: means an area for outdoor recreation or leisure, including yards, balconies, decks,
patios, porches, and/or a terrace but does not include a parking area/lot.
Ancillary Residential Services: means the common indoor areas located within a building which
are accessible, designed for, and intended primarily for access, dining, or recreational purposes
(i.e. communal kitchen facilities, library, recreation room) for the occupants of a building and
includes stairs, lobbies, elevators, mechanical facilities, storage, and facilities for a concierge.
Animal Shelter: means premises, including outdoor areas, used for the care of lost, abandoned,
rescued or neglected animals.
Apartment Dwelling: see dwelling
Apartment Building: means a building with five or more dwelling units which have a common
entrance to the exterior and common halls, stairs, elevators and yards.
Arena: means premises or part thereof where facilities are provided primarily for athletic or
recreational events.
Art Gallery: means a building or part thereof used for the display and sale of portrait and
commercial photography, painting, sculpting, or other forms of art and craft making.
Attached Building: means a building which shares a roof, breezeway, or common wall with an
adjacent building or buildings.
Attic: means the portion of a building situated wholly or partly within the roof, which is not used as
a habitable room, and which is not a one-half storey.
Auctioneering Establishment: means premises where goods, but not the sale of livestock, are
sold to the highest bidder.
Awning: means a roof like cover cantilevered from the wall of a building which does not enclose a
space.
Bake Shop: means a building or part thereof wherein the principal activity is the retailing of baked
goods, including incidental baking of products for retail sale on the premises.
Bakery: means a building or part thereof wherein the principal activity is the baking of goods,
including the preparation, storage, wrapping and packing and other activities associated with the
preparation for sale and distribution.
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Balcony: means a platform projecting from the fac;:ade of a wall or walls, cantilevered or supported
by columns or brackets, located above the ceiling height of the first storey of a building
Barrier-free Parking Space: means a parking space designated and signed for the exclusive use of
motor vehicles that has and properly displays the applicable motor vehicle permit. See also the
definition for Parking Space.
Basement/Cellar: means that portion of a building with more than one-half its height from finished
floor to finished ceiling below the established grade level or that portion of the building that is
entirely underground. That portion of a building with less than one-half its height from finished floor
to finished ceiling below the established grade level is considered a storey. See also the definition
for Walkout Basement.
Bed and Breakfast: means the use of a single detached, semi-detached, or townhouse dwelling,
occupied by the owner(s), and used for the rental of up to three (3) rooms to the travelling public for
overnight accommodation no longer than twenty-eight (28) consecutive days, and meals are served
to overnight guests
Bed-sitting Room: means a room used as a separate living accommodating that has a primary
entrance from a hallway inside a building and may have sanitary facilities but not food preparation
facilities.
Berm: means a landscaped mound of earth.
Block: means all land between the nearest street intersections.
Body Rub Parlour: means premises used for services including the kneading, manipulating,
rubbing, massaging, touching or stimulating by any means of a person's body for the purpose of
appealing to erotic or sexual appetites or inclinations.
Breezeway: means a roofed, unenclosed passageway connecting a dwelling and a private garage
or connecting multiple buildings.
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.
Building: means any structure used for the shelter of persons, animals, goods or equipment and
having a roof which is supported by columns or walls, but shall not include a trailer, truck camper,
or motor home.
Building Depth: means the distance between the outermost front and rear building walls but
where the front and rear building walls are not parallel, the building depth is the length of a line
joining the midpoints of such walls, and excludes stoops, decks, porches, balconies, exterior steps
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or architectural adornments but does not include dwelling unit depth. See also the definition for
Dwelling Unit Depth.
Building Line, established: means the existing setback of an existing main building on a Jot,
measured between the street line of the said Jot and the nearest part of the existing main building
excluding any stoops, decks, porches, balconies, exterior steps or architectural adornments.
Building Supply Outlet: means premises used for the storage, sale, rental and lease of
equipment and supplies used in construction such as lumber, millwork, siding, plumbing, electrical,
heating and cooling equipment and similar commodities.
Built Heritage Resources: means one or more significant buildings, structures, monuments,
installations, or remains associated with architectural, cultural, social, political, economic or military
history and identified as being important to the community. These resources may be identified
through designation or heritage conservation easement under the Ontario Heritage Act, or listed by
local, provincial or federal jurisdictions.
Campground: means an area used for an overnight camping in tents including accessory facilities
which support the use such as administration offices, laundry facilities, washrooms, recreational
facilities but does not include a mobile home park or a tent and trailer campground. See also the
definition for Tent and Trailer Campground.
Canopy: means a protective roof like covering of fabric or similar material mounted on a frame.
Cantilever: means any projection beyond the foundation of a building, whether or not such
projection is essential to the support of the main wall, and includes corner sills, belt courses and
cornices.
Carport: means a partially enclosed structure with a roof for the storage of one or more private
motor vehicles.
A carport attached to a main building shall be deemed part of the main building and not accessory
thereto.
Casino: means premises primarily engaged in gambling activities, for money or other items of
value, and offering games of chance, such as card games, dice games, wagering, and game
machines or devices, but does not include a place of entertainment.
Catering Establishment: means premises where food is prepared and delivered elsewhere to be
consumed.
Cemetery: means lands that are set aside to be used for the interment of human remains under
the Funeral, Burial and Cremation Services Act, R. S. 0. 2002, as amended, and may include a
co/umbarium, mausoleum, crematoria, and crypt.
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Chimney: means a vertical structure incorporated into a building and enclosing a flue or flues that
carries off smoke and includes the firebox.
Chord: means a straight line that joins the ends of an arc.
Cinema: means premises for the commercial showing of films within a building and may include
accessory refreshment services, but does not include a drive-in theatre.
City: means the Corporation of the City of Thorold.
Clinic: means premises used by qualified medical practitioners, osteopaths or other drugless
practitioners, having treatment rooms, laboratories, administrative offices, waiting rooms and
facilities for at least one practitioner and used for the public or private medical, surgical, physic-
therapeutic or other human health purpose and may have an ancillary dispensary associated with
the clinic, but is not a hospital or a pharmacy and does not provide overnight accommodation.
Columbarium: means a structure designed for the purpose of interring cremated human remains
in sealed compartments.
Commercial Recreation Facility: means a privately owned sports or recreation establishment
operated for use by private members and/or the general public for compensation and includes such
uses as a pool room, bowling alley, ice or roller rink, dance hall, bingo hall, and outdoor recreational
uses.
Commercial School: means privately owned premises that teaches such fields as academics,
arts, crafts, motor vehicle driving, language, modelling, hairdressing, gymnastics, beauty, culture,
dancing, music, golf, yoga, martial arts, photography, business or trade, engineering, computer
technology, and any other such specialized school for profit.
Commercial Use: means the use of land, buildings or structures for the purpose of buying and
selling commodities and supplying of services but does not include the manufacturing or assembly
of goods, warehousing, transportation terminals, contractor's facilities, and other similar uses.
Commercial Vehicle: means a motor vehicle having permanently attached a truck or delivery body
and includes ambulances, hearses, fire trucks, buses, and trucks used for hauling purposes, but
does not include a construction vehicle , a Jong-haul transport trailer/transport tractor, or a
refreshment vehicle. See also the definitions for Motor Vehicle and Refreshment Vehicle.
Committee of Adjustment: means the Committee of Adjustment of the City, established in
accordance with the Planning Act, R. S. 0. 1990, as amended.
Common Wall: see wall.
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Community Centre: means a multi-purpose facility or part of that facility that is owned and operated
by a public authority that offers a variety of programs of a recreational, cultural, community service,
informational, or instructionalnature.
Community Garden: means a communal garden provided for the sole use of the public to produce
flowers, herbs, fruits or vegetables and activities associated with gardening, but does not include
any processing or packaging, commercial sales, or the raising of livestock or animals including
poultry.
Communication Tower: means a structure that is intended for transmitting or receiving television,
radio, or telephone communications and does include a communication tower for the personal use
of a residential dwelling.
Condominium: means a building or grouping of buildings in which condominium units are held in
private ownership and may include condominium common elements that are owned, administered,
and maintained by the condominium corporation.
Condominium Common Element: means spaces and features owned in common by all
shareholders in a condominium and may include condominium roadways, walkways, sidewalks,
parking areas/lots, amenity areas, planting/buffer strips, and ancillary residential services.
Condominium Roadway: means a right-of-way for vehicular and pedestrian access that is
privately maintained by a condominium corporation.
Condominium Unit: means that part of the condominium plan that is available for individual
ownership.
In a vacant land/common element condominium, it means that portion of the condominium plan
that contains both the exterior of the dwelling and a portion of the land surrounding the dwelling
that is collectively owned as one unit.
A condominium unit is not a dwelling unit.
Conservation Area: means an area of land owned by the Niagara Peninsula Conservation
Authority (NPCA) or the Province of Ontario.
Conservation Authority: means the Niagara Peninsula Conservation Authority (NPCA).
Conservation Use: means the use of land and/or water dedicated towards the protection,
stewardship and management of natural heritage features and functions, hydrological features and
functions, ecological features and functions, and for the purposes of this By-law, includes the
structures of a public authority used only for managing those features and natural hazards, such
as flood and slope control.
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Construction Vehicle: means a motor vehicle used for building and construction purposes, such
as a dump truck, bulldozer, back-hoe, grader, and ancillary equipment.
Contractor's Facility: means premises where commercial or construction vehicles and equipment
are stored and maintained, and may include the wholesale or retail sale of building construction or
landscaping supplies, and may include accessory office uses.
Convenience Retail and Service Kiosk: means a building, structure, or part thereof, accessory
to a motor vehicle service station and/or a motor vehicle washing establishment where goods are
offered for sale and may include accessory/ancillary uses such as a banking machine and a
restaurant with or without a drive-through.
Convenience Store: means a retail store where articles for sale are restricted to a limited range of
goods, primarily food, toiletries, over the counter drugs, housewares, stationary and other similar
daily household necessities, but does not include a supermarket or a convenience retail and
service kiosk or a pharmacy.
Corner Lot: see Jot.
Council: means the Council of the Corporation of the City of Thorold.
Correctional Facility: means a jail, prison, or other place of incarceration by government officials
to confine and rehabilitate prisoners and may be classified as minimum, medium, or maximum
security facilities, or contain separate divisions for such categories of prisoners.
Correctional Residential Care Facility: means a single dwelling unit that is occupied by up to ten
(10) persons, exclusive of staff, who are supervised by staff on a daily basis, for persons who have
been placed on probation, released on parole or admitted for correctional purposes that is funded,
licensed, approved or supervised by the Province of Ontario or Government of Canada.
Crematorium: means a building that is fitted with appliances for the purpose of cremating human
remains and that has been approved as a crematorium in accordance with the requirements of the
Funeral, Burial and Cremation Services Act, R. S. 0. 2002, as amended.
Custom Workshop: means premises used by a trade, craft or guild where the design and/or small
quantity manufacturing of such goods as custom production of clothing articles, drapes and
slipcovers, venetian blinds, furniture restoration and refinishing, handmade leather goods, millinery,
orthopedic and prosthetic appliances, weaving, awnings, signs, gold and silver engraving and other
non-obnoxious use, but does not include any factory production or any shop or factory otherwise
classified or defined in this By-law.
Day Care: means premises, including outdoor areas, used for caring of one or more persons for a
portion of a day, but does not provide overnight accommodation, and does not include private
home day care. See also the definition for Private Home Day Care.
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Day Spa: means a type of personal service shop used for the therapeutic treatment of persons,
such as massages, beauty treatment, hairdressing services and may include the retail sale of
goods incidental to the services of the day spa.
Deck: means a platform structure without a roof which may or may not be attached to one or more
walls of a building. See also the definitions for Gazebo, Pergola, and Porch.
Dormitory: means a building or part thereof that is owned or operated by a university, college, or
private school consisting of dwelling units or bed-sitting rooms and may have a cafeteria, common
dining area, and common washrooms.
Drive-in Theatre: means an outdoor theatre where films are viewed in a motor vehicle or a yard
and may include accessory refreshment stands and washrooms for patrons.
Drive-through: means the use of land, buildings or structures, including an order box with or
without voice communication, or parts thereof, to provide or dispense products or services through
an attendant, a window, or an automated machine to persons remaining in motor vehicles in a
designated stacking Jane.
Driveway: means a vehicular access way providing access from a street to a building or a Jot, a
loading space, a parking area/lot or a private garage. See also the definition for Mutual Driveway
Driving Range: means a public or private area operated for the purpose of developing golf
techniques.
Drugless Practitioner: means a person who practices the treatment of any ailment, disease,
defect or disability of the human body by manipulation, adjustment, manual or electro-therapy or by
a similar method within the meaning of the Drugless Practitioners Act, R.S.0.1990, as amended.
See also the definition for Medical Practitioner.
Dry Cleaning Depot: means premises where articles of clothing are dropped off to be cleaned and
picked up, and includes the small-scale dry-cleaning and pressing of articles or goods or fabric on-
site, but does not include a dry cleaning plant.
Dry Cleaning Plant: means a building or part thereof where large-scale dry-cleaning, dry-dyeing,
cleaning, or the pressing of articles or goods or fabric occurs.
Dwelling: means a building or part thereof, containing one or more dwelling units, but does not
include a tent, trailer, mobile home, hotel/motel, motor home, or truck camper.
The dwelling type is determined by the configuration of the dwelling units above the established
grade.
a) Apartment Dwelling: means a dwelling unit or bed-sitting room in an apartment building, but not
in a mixed-use building.
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c) Duplex Dwelling: means a building that is divided horizontally into two (2) dwelling units above
grade each of which has an independent entrance either directly to the exterior or through a
common vestibule and neither of the units is a second dwelling unit.
A single detached dwelling and a semi-detached dwelling that has a second dwelling unit is not
a duplex.
d) Fourplex Dwelling: means one (1) building that is divided either vertically and horizontally or just
horizontally, into four (4) dwelling units, with at least one (1) dwelling unit above the other, each
with an independent entrance either to the exterior or through a common vestibule, but is not a
townhouse dwelling.
A triplex that has a second dwelling unit is not a fourplex.
e) Garden Suite Dwelling: means a separate dwelling unit that is subordinate to the principal
dwelling unit located in a temporary accessory building or structure.
f) Linked Dwelling: means a dwelling unit that is attached to another dwelling unit below grade
but is not attached above grade.
g) Mixed Use Dwelling: means a dwelling unit or bed-sitting room in a mixed use building.
h) Second Dwelling Unit: means a separate dwelling unit that is provided for the exclusive use of
its occupants and is subordinate to the principal dwelling unit in a separate accessory building
or structure or as a separate dwelling unit contained within the principal dwelling unit, but does
not include a garden suite dwelling.
i) Semi-detached Dwelling: means a building that is divided vertically into two (2) dwelling units
by a common wall each with an independent entrance to the exterior, and no dwelling unit is
entirely or partially above another.
A single detached dwelling that has a second dwelling unit is not a semi-detached dwelling.
j) Single Detached Dwelling: means a building containing one (1) principal dwelling unit.
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b) Converted Dwelling: means a dwelling that existed on March 13, 1962, originally constructed
as a single detached dwelling, a duplex dwelling or a semi-detached dwelling that was
renovated so as to increase the number of dwelling units to a maximum of three (3) without
significantly altering the exterior of the building except for required fire escapes, extra windows
and extra entrances.
c) Duplex Dwelling: means a building that is divided horizontally into two (2) dwelling units above
grade each of which has an independent entrance either directly to the exterior or through a
common vestibule and neither of the units is a second dwelling unit.
A single detached dwelling and a semi-detached dwelling that has a second dwelling unit is not
a duplex.
d) Fourplex Dwelling: means one (1) building that is divided either vertically and horizontally or just
horizontally, into four (4) dwelling units, with at least one (1) dwelling unit above the other, each
with an independent entrance either to the exterior or through a common vestibule, but is not a
townhouse dwelling.
A triplex that has a second dwelling unit is not a fourplex.
e) Garden Suite Dwelling: means a separate dwelling unit that is subordinate to the principal
dwelling unit located in a temporary accessory building or structure.
f) Linked Dwelling: means a dwelling unit that is attached to another dwelling unit below grade
but is not attached above grade.
g) Mixed Use Dwelling: means a dwelling unit or bed-sitting room in a mixed use building.
h) Second Dwelling Unit: means a separate dwelling unit that is provided for the exclusive use of
its occupants and is subordinate to the principal dwelling unit in a separate accessory building
or structure or as a separate dwelling unit contained within the principal dwelling unit, but does
not include a garden suite dwelling.
i) Semi-detached Dwelling: means a building that is divided vertically into two (2) dwelling units
by a common wall each with an independent entrance to the exterior, and no dwelling unit is
entirely or partially above another.
A single detached dwelling that has a second dwelling unit is not a semi-detached dwelling.
j)
Single Detached Dwelling: means a building containing one (1) principal dwelling unit.
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k) Stacked Townhouse Dwelling: means buildings that are divided vertically and horizontally
by a common wall into separate dwelling units, each of which has an independent entrance to
the exterior.
l) Townhouse Dwelling: means a building that is vertically divided into a minimum of three (3)
dwelling units, each of which has an independent entrance from grade and each of which are
divided vertically above grade by a common wall adjoining dwelling units or a private garage. Street
or cluster townhouse dwellings are freehold dwelling units that front a public street.
Street Townhouse dwellings are units that front a public street.
See also the definition for Stacked Townhouse Dwelling. See also the definition for
Stacked Townhouse Dwelling.
m) Triplex Dwelling: means a building that is divided vertically and horizontally, or just
horizontally, into three (3) dwelling units in which each dwelling unit has an independent
entrance to the exterior or through a common vestibule, but is not a townhouse dwelling.
A single detached dwelling or semi-detached dwelling that has a second dwelling unit is not a
triplex.
Dwelling Unit: means a place of residence contained in a building, with one or more habitable
rooms for the exclusive use of its occupants as a self-contained dwelling unit.
Dwelling Unit Area: means the total floor area of a dwelling unit including a walkout basement, but
excluding balconies, basements/cellars, attics, private garages, or porches.
Dwelling Unit Depth: means the depth measured from the outside of the front wall to the outside
of the rear wall inclusive of an attached private garage but does not include building unit depth.
See also the definition for Building Unit Depth.
Dwelling Unit Width: means the width measured from the mid-point of common walls to the
opposite mid-point of common walls in the case of a semi-detached dwelling, duplex dwelling, or
townhouse dwelling or the interior of the outermost exterior side wall to the opposite interior of the
outermost exterior side wall, including an attached private garage for a single detached dwelling.
Employment Use: means business and economic activities including, but not limited to,
manufacturing, warehousing, offices, and associated retail and ancillary facilities.
Encroachment/Projection: means
a)
Entering upon the land, property, other possessions, or the rights of another. For example, a
building extending beyond the legal boundaries on to neighboring private or public land, or
beyond the building-line of a road or street; or,
b)
Construction of a building or structure that extends beyond the zone setback regulations.
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Erect: means to build, construct, reconstruct, enlarge, remove and relocate any building or
structure, and includes:
a)
Any physical operation such as excavating, filling, grading or draining preparatory to
building, construction, reconstruction; and,
b)
Altering any existing building or structure by an addition, enlargement, extension or other
structural change; and,
c)
The moving of a building or structure from one location to another; and,
d)
Any work which requires a building permit.
Erosion Management: means erosion protection or control works and slope or shoreline
stabilization works, approved by the Conservation Authority, to prevent or mitigate erosion hazards.
Existing: means a use, building, structure, or Jot that lawfully is in existence on the date of the
passing of this By-law.
Existing Lot: means an existing Jot that does not meet the minimum Jot area or Jot frontage
requirements of the applicable zone.
An existing Jot is permitted to be used and buildings and structures may be erected, enlarged,
repaired, or renovated provided the use conforms with this By-law and the buildings and structures
comply with all other reQulations of this Bv-law.
Exterior Side Building Fa呸ade Width: means the width of the outermost exterior side yard
building wall measured from the interior of the exterior front wall to the opposite interior of the
exterior rear wall. See also the definition for Front Building Fagade Width.
Exterior Side Lot Line: see Jot line.
Exterior Side Yard: see yard.
Farm Help Accommodation: means an accessory building or structure to an agricultural use used
for the accommodation of full-time agricultural employees, where the size and nature of the
operation requires on-site farm accommodation, and may include a mobile home, but is not a
second dwelling unit.
Farm Implement Dealer: means premises for the sale, storage or repair of equipment and
machinery directly associated with the operation of a farm and includes the retail sale of farm
supplies.
Farm Produce Market: means a building used for the retail sale of produce, plants and flowers
grown on the premises (or in Ontario) and fruit or vegetables or bakery items that are processed or
prepared on the premises and may include on-site or Ontario-made crafts.
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Farm Produce Stand: means a structure or building used on a seasonal basis for the retail sale of
produce, plants and flowers grown on the premises (or in Ontario) and fruit or vegetables or bakery
items that are processed or prepared on the premises, and may include on-site or Ontario-made
crafts.
Farmer's Market: means an establishment or premises where the farm products from the local
farming community or from Ontario are sold at retail from covered or open air areas designated for
individual retailers.
Feed Mill: means premises in which animal feed or grain intended for livestock is stored, prepared,
or packaged for sale.
Fence: means a vertical physical structure constructed to provide visual screening and/or to
prevent unauthorized access and includes the posts and/or supporting structures (i.e. railing) and
all decorative features (i.e. gates).
Financial Institution: means a commercial establishment such as a bank, trust company, credit
union or other similar business or institution where money is deposited, kept, lent and exchanged,
and may also include a banking machine attached to the outside of a wall.
First Storey: see storey, first.
Fish and Wildlife Management Use: means the utilization of practices to support the health and
well-being of fish, wildlife, and other organisms and may include the management of those areas
where species concentrate during annual or life cycles and the management of areas of importance
to migratory or non-migratory species. See the also the definitions for Fish Habitat, Wildlife
Habitat, and Specific Wildlife Habitats of Concern.
Fish Habitat: means the spawning grounds and nursery, rearing, food supply and migration areas
on which fish depend directly or indirectly in order to carry out their life processes and is as
identified by the Provincial Ministry of Natural Resources. See also the definitions for Wildlife
Habitat and Specific Wildlife Habitats of Concern.
Fitness Centre: means a building in which facilities and exercise equipment are provided for
recreational and athletic activities and which may include exercise classes, instructive training,
and/or space for fitness or athletic training and associated facilities such as a retail store, office
space, and related lounge facilities, but does not include any uses listed in the definition for a place
of entertainment.
Flood Control: means works approved by the Conservation Authority that are undertaken to
prevent or mitigate flooding hazards.
Floor: means all the rooms or areas on the same level of a building; a storey. See the definition
for Storey.
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Floor Area, Gross: means the total area of all floors of a building or structure as measured from
the exterior surface of the exterior walls or common walls.
The calculation includes: stairwells, elevators, escalators, ventilating shafts, attics (if a habitable
room), basements/cellars (if a habitable room), private garages, porches (but does not include
decks), concourses, washrooms, attached enclosed and covered loading docks and related
enclosed corridors used for loading purposes, above and below grade parking structures, storage
rooms, rooms for waste containment, and mechanical rooms.
Floor Area, Net: means the total area of all floors of a building or structure as measured within the
interior surface of the exterior walls.
The calculation does not include: the area of stair wells, elevators, escalators, ventilating shafts,
attics (if not a habitable room), basement/cellars (if not a habitable room), private garages, covered
porches (but does not include decks), concourses, washrooms, attached enclosed and covered
loading docks and related enclosed corridors used for loading purposes, above and below grade
parking structures, storage rooms, rooms for waste containment, and mechanical rooms.
Floor Space Index: means the total gross floor area of the building divided by the lot area.
Forestry and Resource Management Use: means the utilization of practices to support the health
and well-being of forests, woodlots, and associated natural resources by utilizing good forestry
practices.
Good forestry practices means:
a) The proper implementation of harvest, renewal and maintenance activities known to be
appropriate for the forest and environmental conditions under which they are being applied
and that minimize detriments to forest values, including: significant ecosystems; important
fish and wildlife habitat; soil and water quality and quantity; forest productivity and health;
and, the aesthetic and recreational opportunities of the landscape;
b) The cutting and removal of hazardous, severely damaged, diseased and insect infested
trees which must be removed in order to prevent contamination or infestation of other trees
or because they no longer contribute to the achievement of forest values;
c) In the case of hazardous, damaged, diseased or insect infested trees, the maintenance of a
woodland after the cutting and removal is completed unless it is determined through a report
prepared by a Registered Professional Forester that trees must be removed and a
woodland as defined would not be maintained but in no case shall clearcutting be allowed;
and,
d) The forestry management practices as set out in the Ministry of Natural Resources
document "A Silvicultural Guide to Managing Southern Ontario Forests".
Frontage: see lot frontage/lot width.
Front Building Fa呸ade Width: means the width of the outermost front yard building wall
measured from the interior of the outermost exterior side wall to the opposite interior of the
outermost exterior side wall. See the definition for Exterior Side Building Fa呸ade Width.
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Front Private Garage Face: means the face of the private garage that is designed as the primary
motor vehicle access point into the private garage.
Front Lot Line: see lot line.
Front Wall: means the closest point or wall of a building facing the street.
Front Yard: see yard.
Fuel Storage Depot: means the use of land, buildings or structures where fuels such as gasoline,
propane, natural gas, oil, kerosene, and diesel fuel are stored or kept for sale and distribution and
may include a propane dispensing station.
Funeral Establishment: means premises that temporarily store deceased human bodies and
cremated human remains so that persons may attend and pay their respects and includes the care
and preparation of deceased human bodies, the coordination and provision of rites and
ceremonies, and the provision of other services as may be prescribed, but does not include a
crematorium.
Garden Centre: means the use of land, buildings or structures, or portion thereof, for the growing
and/or retail sale of flowers, bushes, shrubs, trees, plants and other garden centre stock and
includes the incidental sale of such items as fertilizers, pesticides, soil, pots and garden
ornaments and may also include greenhouses but does not include a licensed marijuana
production facility.
Gazebo: means an unenclosed, except for screens, building with a roof. See also the definitions
for Deck, Pergola, and Porch.
Golf Course: means the use of land for the purposes of playing golf and may include a clubhouse,
office, pro-shop, driving range, restaurant, tavern, banquet hall, meeting rooms, putting green,
miniature golf course and maintenance buildings.
Grade: means the level of proposed or established ground.
Grade, Established: means the average elevation of the surface ground adjoining a building or
structure measured at the perimeter of the building or structure
Greenhouse: means a building or structure for the growing of such items as flowers, bushes,
shrubs, trees, plants, fruits, and vegetables. Such use may also include wholesale or retail sale of
greenhouse products grown in the greenhouses located on the lands on which the greenhouses
are located, but does not include a licensed marijuana production facility.
A greenhouse that is less than 10.0 m2 is considered an accessory building or structure.
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Green Roof: means an extension to a building's roof that allows vegetation to grow in a growing
medium and which is designed, constructed and maintained in compliance with the Ontario
Building Code and City standards.
Group Home: means a supportive housing facility located within a dwelling unit where up to 10
persons, exclusive of staff, live as a unit under responsible supervision consistent with the
requirements of its occupants, which is licensed or approved or funded by the Province of Ontario,
governed by O.Reg.434/01, under the Developmental Services Act, R.S.O. 2001, as amended, but
excludes a correctional residential care facility and a Jong-term care facility.
First Storey Area: means the gross floor area of the first storey, the area is measured from the
exterior wall surface of the exterior walls at the floor level of the first storey, but excludes internal
parking areas/lots.
Habitable Room: means a room that has at least seventy-five percent (75%) of its clearance
having a minimum height of 2.0 m which is located within a dwelling unit that is used or intended to
be used for living, sleeping, eating, food preparation, or a washroom that can be used at all times
throughout the year.
A habitable room does not include: a laundry room, pantry, lobby, hallway, closet, sunroom, porch,
balcony, garage, unfinished attic, unfinished basement/cellar, furnace room, or any space used for
the service and maintenance of such dwelling or for vertical travel between storeys.
Heavy Manufacturing Establishment: means premises used for:
a)
The manufacturing or processing of products from raw materials;
b)
The production or use of flammable, explosive or other hazardous materials;
c)
Outdoor processing of products andmaterials; and,
d)
Warehouse and storage.
See the definition for Light Manufacturing Establishment.
Heavy Service Shop: means a shop devoted to the sales, servicing or repair of major appliances,
heating/cooling systems, and commercial, construction equipment and may include the renting
commercial vehicles, light construction or lawn care equipment. See the definition for Light
Service Shop.
Height: means the vertical distance of a building or structure measured from the established grade
to:
a)
The highest point of the roof surface, or the parapet, whichever is the greater, of a flat roof,
or,
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b)
The deckline of a mansard roof; or,
c)
The mid-point level between lowest point of the eaves and the ridge (or peak) of a gabled,
hip, gambrel roof or other type of pitched roof; or,
d)
Where an exterior wall extends above the top of the roof of a building, the topmost part of
such exterior wall; or,
e)
In the case of a structure not having a roof, the top part of that structure.
In calculating the height of a building, any construction used as an ornament or for the mechanical
operation of the building such as a mechanical penthouse, or a chimney, tower, cupula or steeple is
not to be included.
Hereafter: means "after the date of the passing of this By-law".
Herein: means "anywhere in this By-law".
Hereof/Hereto: means "of this By-law" and "to this By-law", respectively.
Highway Corridor: means lands within the established limits of an existing or future controlled-
access Provincial freeway including an interchange, a service road, plus any road widening adjacent
to any of the above.
Home Industry: means a small-scale commercial or industrial use that is accessory to an
agricultural use located on the same Jot that is conducted by the occupants of the dwelling unit
wholly within an accessory building or structure.
Home industries may include welding, carpentry or machine shops, or other agriculture-related
uses that involve the processing or transportation of regionally produced agricultural crops and
other products and the accessory retail sale of products produced in the home industry.
The repair, storage or sale of motor vehicles and machinery is not a home industry.
Home Occupation: means an accessory/ancillary use within a dwelling unit which is the principal
residence of the proprietor for an occupation or business which does not create a public nuisance
or adverse effect on abutting lands or the surrounding neighbourhood, and does not include
outdoor storage, but may include outdoor activities including play equipment in the rear and exterior
side yards in accordance with the provisions of this By-law.
Home occupations may include, but are not limited to, services performed by an accountant,
lawyer, realtor, financial planner, hairdresser, seamstress, tutor or private home day care.
Hospice: means premises providing palliative care as well as emotional support to terminally ill
patients.
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Hospital: means an institution providing medical and surgical treatment and registered
professional nursing care for sick and injured people under the Public Hospitals Act, R. S. 0. 1990,
as amended.
Hotel/Motel: means a building(s) that provides temporary accommodation to the public for a period
not exceeding twenty-eight (28) consecutive days, and may include independent cooking facilities
and ancillary uses such as but not limited to restaurants, retail and service commercial uses,
meeting and convention facilities, banquet facilities, recreation and entertainment facilities, and
may also include one (1) dwelling unit.
Hot Tub, Above-ground: means a large tub 0.6 m or greater above grade filled with hot aerated
water used for hydrotherapy, relaxation or pleasure, but does not include a pool, above-ground.
Hot Tub, In-ground: means a large tub less than 0.6 m above grade filled with hot aerated water
used for hydrotherapy, relaxation or pleasure, but does not include a pool, in-ground.
Industrial Mall: means a group of permitted industrial uses designed, developed and functioning as
a single complex that may be comprised of a group of buildings held in single ownership or by
participants in a condominium corporation or co-operative with common loading spaces and parking
spaces on one (1) lot.
Industrial Use: means premises used for manufacturing, processing, fabrication, assembly, treatment,
packaging, repair and servicing, and incidental storage of goods and materials, and related
accessory/ancillary uses.
Infrastructure: means 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, oil and gas pipelines and associated facilities.
Institutional Use: means the use of land for non-commercial and non-residential purposes, and
shall include public or private schools, places of worship, day cares, long-term care facilities, public
service facilities, correctional residential care facilities, Provincial, Regional, Federal or City offices,
libraries, museums, parks and community centres.
Intake Protection Zone: means an area delineated and labelled as Source Water Protection Area
on Schedule "A" of this By-law and in the Source Protection Plan for the Niagara Peninsula Source
Protection Area that surrounds a municipal surface water intake and within which it is desirable to
regulate or monitor drinking water threats.
Interior Lot: see lot.
Interior Side Lot Line: see lot line.
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Interior Side Yard: see yard.
lntermodal shipping yard: means the use of land for the transfer of cargo typically held in
shipping containers from one method of transportation, whether truck, rail, ship or plane to another.
Kennel: means the use of lands, buildings or structures where dogs, cats and other household
pets are bred or raised primarily for the purpose of sale or are trained or boarded for gain or profit.
Laboratory: means a building, or part thereof, used for scientific research and development,
medical or dental testing (i.e. blood tests, x-rays, specimen depots), experimentation and/or
research.
Landing, Exterior: means an unenclosed raised surface area necessary to allow safe ingress and
egress to a building.
Landscape Open Space: means an open, unobstructed area on a lot at grade which is used for
the growth and maintenance of grass, flowers, shrubs or similar landscape materials and includes
planting/buffer strips, sidewalks, platform structures under a certain height above grade, in ground
swimming pools, playgrounds and similar facilities but excludes driveways, parking areas/lots,
ramps, curbs, terraces or any open space beneath or within any building or structure.
Lane: means a walkway, emergency access, or right-of-way that is not a street but was laid down
upon a registered plan and dedicated to the City or legally granted or conveyed.
Licensed Marijuana Production Facility: means premises for the cultivation, testing, processing,
production, inspection, packaging, distribution and destruction of marijuana produced under license
under the federal government's Cannabis Regulations, as amended from time to time, or any
successors thereto.
Light Equipment/Machinery Rental Establishment: means a building or part thereof where
residential, industrial and commercial machinery and equipment is kept for rental to the general
public.
Light equipment and machinery includes air compressors and related tools and accessories,
augers, automotive tools, cleaning equipment, concrete and masonry tools, hydraulic equipment,
lawn and garden tools, moving equipment, plumbing tools and power tools.
Light Manufacturing Establishment: means premises used for:
a)
The manufacturing, processing, assembly or packaging of parts or products;
b)
The repair or servicing of products;
c)
Building supply storage and wholesale;
d)
Warehouse and storage; and,
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e)
Accessory retail use of the goods manufactured on the same lot;
f)
But does not include obnoxious, dangerous or offensive trades with emissions, noise or
vibrations in excess of the Province's guidelines.
See also the definition for Heavy Manufacturing Establishment.
Light Service Shop: means a use devoted to the service and repair of small appliances, home
and office electronics, clothing/shoe repair, bicycle repair, jewelry repair or the repair and servicing
of other small tools and appliances. See also the definition for Heavy Service Shop.
Linked Dwelling: see dwelling.
Loading Space: means an unobstructed open or covered area of land which is provided on a lot
that:
a) Is provided for the temporary parking of one (1) commercial vehicle while merchandise or
materials are being loaded or unloaded, but shall not be for the purpose of sale or display;
b) Is not upon or partly upon any street or lane; and,
c) Has adequate access to permit ingress and egress of a commercial vehicle from a street by
means of driveways, parking aisles, maneuvering areas or similar areas, no part of which shall
be used for the temporary parking or storage of one (1) or more motor vehicles.
Long-haul Transport Trailer/Transport Tractor: means a non-motorized vehicle designed to be
hauled by a truck or large transport vehicle.
Long-term Bicycle Parking Space: means a space to park and secure a bicycle in an enclosed,
secured area with controlled access where a bicycle is intended to be parked for long periods of
time. See also the definition for Short-term Bicycle Parking Space.
Long-term Care Facility: means premises which provides care to meet the physical, emotional,
social, spiritual and personal needs of persons.
Long-term care facilities are governed by the Long Term Care Act, R.S.O. 2007, as amended, and
may include independent accommodation for residents in separate buildings on the lot that
provides independent dwelling units for residents that may share services such as meals, medical
care services, or recreation that are provided by the facility.
Lot: means a parcel or tract of land which:
a)
Is a whole lot or block as shown on a registered plan of subdivision, but for the purposes of
this paragraph does not include a registered plan of subdivision which has been deemed
not to be a registered plan of subdivision under a by-law passed pursuant to the Planning
Act, R.S.O. 1990, as amended; and;
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b)
Fronts onto a street; or;
c)
Is a separate parcel of land without any adjoining lands being owned by the same owner or
owners at the date of the passing of this By-law; or,
d)
The description of which is the same as in a deed which has been given consent pursuant
to the Planning Act, R.S.0. 1990, as amended; or,
e)
Is the whole remnant remaining to an owner or owners after a conveyance made with
consent pursuant to the Planning Act, R.S.0 . 1990.. as amended.
a) Corner Lot: means a lot situated at the intersection of and abutting on two (2) or more streets
provided that the angle of intersection of such streets is not more than 135 degrees.
In the case where a corner lot abuts a 0.3 m reserve, all provisions of this By-law concerning
corner lots shall apply.
b) Interior Lot: means a lot situated between adjacent lots and having access to one street.
c) Through Lot: means a lot, other than a corner lot, that is bounded on two (2) opposite sides by
streets.
Lot Area: means the total horizontal area within the lot lines of a lot.
Lot area equals lot width multiplied by lot depth.
Lot Centre Line: means the line joining the midpoints of the front and rear lot lines.
In the case of a corner lot, the lot centre line is a line drawn perpendicular from the mid-point of the
rear lot line to meet the front lot line.
Lot Coverage: means the percentage of the lot area covered by the footprint of all above-grade
roofed buildings and structures, including balconies, covered porches, breezeways, covered roofs
over drive-throughs, and covered exterior landings.
Lot coverage does not include an in-ground pool, an in-ground hot tub, a deck, eaves, and stairs.
Lot Depth: means the horizontal distance between the front and rear lot lines.
a)
Where these lot lines are not parallel, the lot depth is the length of a line joining the mid-
points of the front and rear lot lines.
b)
In the case of a triangular lot, the lot depth is measured from the midpoint of the front lot line
to the converging point of the side lot lines.
Lot Flankage: means the exterior side lot line.
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Lot Frontage/Lot Width: means the horizontal distance between the side lot lines of a lot
measured along the front lot line.
a) Where the front lot line is not a straight line, or where the side lot lines are not parallel, the lot
frontage/lot width is determined from the lot centre line to a point 6.0 m back from the front lot
line measured horizontally at 90 degrees from the lot centre line between the side lotlines.
b) In the case of a corner lot with a sight/daylightingtriangle or a rounded corner, the lot
frontage/lot width is determined from the lot centre line to back from the front lot line measured
horizontally between the side lot lines.
Lot Line: means any line that makes up the legally defined boundary of a lot.
a) Exterior Side Lot Line: means a side lot line which abuts a street, whether or not an improved
street, or a lane or, a side lot line which abuts land zoned environmental (EP1, EP2, EP3) on a
corner lot.
b) Front Lot Line: means the lot line along a public street, but in the case of:
i)
A corner lot or through lot, the shortest of the lot lines that divide the lot from the
street shall be deemed to be the front lot line.
ii)
A corner lot or through lot with two (2) streets of equal length, the lot line that abuts
the wider street, or abuts a regional road or provincial highway shall be deemed to
be the front lot line for a lot.
iii)
The street line facing the principal entrance tothe main building shall be the front lot
line.
iv)
A corner lot or through lot where a 0.3 m reserve abuts one of the lot lines, the front
lot line shall be the lot line not abutting the 0.3 m reserve.
c) Interior Side Lot Line: means any side lot line that is not an exterior side lot line.
d) Rear Lot Line: means the lot line opposite the front lot line.
In the case of a triangular lot, the rear lot line is the point of intersection of the side lot lines.
In the case of any other type of lot, the furthest lot line opposite the front lot line, including any
contiguous line adjoining it at an angle of less than 45 degrees.
e) Side Lot Line: means the lot line other than a front or rear lot line.
Main Building: means the building in which the principal/primary use of the lot is carried out.
Mausoleum: means a building, structure or part thereof, used for the interment of human remains
in sealed crypts, tombs or vaults.
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Medical Practitioner: means a person authorized to practice medicine under the Medicine Act,
R.S.0. 1991, as amended, a person authorized to practice dentistry under the Dentistry Act, R.S.0 .
1991, as amended, or a person authorized to practice as a health professional under the Regulated
Health Professions Act, R.S.O. 1991, as amended. See also the definition for Drugless
Practitioner.
Microbrewery or Microwinery: means premises used for the small-scale production of beer,
spirits or wine produced for consumption on the same premises and retail sale and may include as
accessory/ancillary uses an office, tasting facilities, restaurant , and the retail sale of related items.
Minimum: means the least to which anything may lawfully be reduced.
Minimum Distance Separation Formula: means the formula which is used to calculate an
appropriate distance between an existing or proposed livestock building and other uses on
surrounding properties as set out in the Agricultural Code of Practice, as amended or replaced from
time to time.
Mineral Aggregate Operation: means lands under license or permit, other than for wayside pits
and quarries, issued in accordance with the Aggregate Resources Act, R.S.O. 1990.., as amended,
and associated facilities used in extraction, transport, beneficiation, processing or recycling of
mineral aggregate resources and derived products such as asphalt and concrete, or the production
of secondary related products.
Miniature Golf Course: means an area of land or building, or part thereof, in which the game of
golf is simulated on a small-scale, but does not include a driving range.
Mixed-use Building: means a building used for any combination of permitted commercial uses,
institutional uses, office uses, and/or residential uses, but residential uses are not to be located
within the first storey abutting a front lot line or an exterior lot line.
Mobile Home: means a prefabricated building which is designed to be towed on its own chassis
(notwithstanding that its running gear is or may be removed) and is designed and equipped for year
round occupancy and contains cooking and sanitary facilities but does not include a motor home,
trailer, or a modular home constructed in parts off-site and assembled on a lot on a permanent
foundation.
Mobile Home Park: means land predominately used for occupancy of mobile homes and includes
all accessory buildings or structures used incidentally to its operation including administration
offices, recreation facilities, service and utility buildings, and storage lockers but does not include a
campground or a tent and trailer campground.
Model Home: means a building which is used on a temporary basis as a sales office and/or as an
example of the type of dwelling that is for sale in the related development and which is not
occupied or used as a residential dwelling.
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Motor Home: means a type of self-propelled recreational vehicle (RV) which offers living
accommodation combined with a vehicle engine.
Motor Vehicle: means an automobile, a motorcycle, a motor-assisted bicycle, and any other
vehicle propelled or driven otherwise than by muscular power under the Highway Traffic Act,
R.S.0. 1990, as amended. See also the definitions for Commercial Vehicle and Refreshment
Vehicle.
Motor Vehicle, Inoperative: means a motor vehicle having missing parts including tires, or
damaged or missing glass, or deteriorated or removed metal adjunct or parts, which prevent it from
normal function.
Motor Vehicle Recycling: means the use of land, buildings and structures , where motor vehicles
are dismantled and sorted for recycling or disposal and where parts may be sold.
Motor Vehicle Repair Shop/Garage: means prem ises equipped with facilities for the service,
maintenance, painting and body repairs of motor vehicles and/or boats, and includes the temporary
parking of motor vehicles in the process of repair, and may include a motor vehicle service station.
Motor Vehicle Sales and Rental Establishment: means the use of land, buildings and structures,
or portion thereof, where motor vehicles are displayed, sold, leased or rented , and may include a
motor vehicle repair shop/garage, but does not include a recreational vehicle establishment .
Motor Vehicle Service Station: means the use of land, buildings and structures , or portion thereof,
for the retail sale of motor vehicle fuels and lubricants, and may include as accessory/ancillary uses
electrical charging stations, propane exchange stations, motor vehicle washing establishment, and
a convenience retail and service kiosk.
Motor Vehicle Washing Establishment: means prem ises used for the washing and cleaning of
motor vehicle, and may include a convenience retail and service kiosk as an accesso ry/ancillary
use.
Municipal Drain: means a system to divert surface water from adjacent lands and convey flows to
downstream watercourses by either ditches or closed systems such as pipes or tiles buried in the
ground, and may also include structures such as dykes or berms , pumping stations, planting/buffer
strips, grassed waterways, storm water detention ponds, culverts and bridges, and may include
creeks and small rivers. A mun icipal drain must meet the tests of the Drainage Act and once
constructed under the authority of the by-law becomes part of the municipality's infrastructure.
Mutual Driveway: means an ingress or egress that is common to two or more owners of abutting
lands as a right-of-way registered against the title of the lands. See also the definition for
Driveway.
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Museum: means premises devoted to the procurement, care, study, display and exhibition of
objects of lasting value.
Natural Area Extent Line: means the boundary representing the extent and limits of all currently
identified natural heritage features and natural hazard lands by upper tier government and
agencies.
Natural Heritage Features and Areas: means features and areas, including significant wetlands,
significant woodlands, fish habitat, areas of natural and scientific interest, significant valleylands,
savannahs and tallgrass prairies, alvars, habitat of endangered species and threatened species,
significant wildlife habitat.and significant habitat of species of concern which are important for their
environmental and social values as a legacy of the natural landscapes of an area.
Natural Hazard Lands: means shorelines, floodplains, significant valleylands, unstable soil and
unstable bedrock
Nearest Main Wall: means that portion of the front, side or rear foundation or piers of a building or
structure to the respective Jot line.
Night Club: means premises providing music and dance facilities which may include the sale of
liquor and/or food to club patrons, but does not include an adult oriented entertainment
establishment .
Non-complying: means a building or structure which does not comply with the regulations of this
By-law for the zone in which such building or structure is located, as of the date of the passage of
this By-law.
A non-complying building or structure may only be repaired or renovated provided that the repairs
or renovations:
a) Does not further increase the extent or degree of non-conformity ; and,
b) Complies with all other applicable regulations of this By-law.
Non-conforming: means an existing use of any land, building or structure which does not conform
with the permitted uses of this By-law for the zone in which said existing land, building, or structure
is located so long as it continues to be used for that purpose.
Notwithstanding: when used in this By-law means in spite of, or instead of.
Office: means a building or part thereof where administrative and clerical functions are carried out
in the management of a business, profession, organization, or public administration, but does not
include a clinic.
Obnoxious Use: means an offensive use or trade within the meaning of the Public Health Act,
R.S.0. 1990, as amended, or any use which is offensive or dangerous by reason of the emission of
odour, smoke, dust, noise, gas, fumes, liquid, vibration or refuse matter.
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On-Farm Diversified Use: means 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 such as canning fruits and
vegetables, roasting grain for livestock feed, processing apples to make apple cider, and wine-
making.
Open Processing: means the conducting of an industrial use outdoors.
Open Space: means an area, open to the sky, which is used for the growth and maintenance of
grass, flowers, shrubbery, trees and other landscaping and includes any surfaced sidewalks, patios,
and in-ground swimming pools but does not include any access driveways, ramps, parking
areas/lots and/or terraces.
Open/Outside Storage: means the placing or locating in the open air and/or in partially enclosed
buildings or structures any goods, materials, parts, merchandise or equipment of any kind in the
same place for more than twenty-four (24) hours, but does not include the storage of motor
vehicles, motor vehicles, inoperative, construction vehicles, or agricultural vehicles whether capable
of being operated or not.
Operating Apparatus: means outdoor mechanical equipment or machinery used in conjunction
with buildings or structures including but not limited to air conditioners, pool pumps and pool
heaters, generators, heat exchangers, and compressors.
Outside Display and Sales Area: means an outdoor area, covered or uncovered, used for the
accessory display, rental, or sale of products or the supply of services in association with the
principal/primary use of the lot.
Passive Recreational Trail: means a trail that is designed, constructed, and managed to minimize
its impact on natural heritage features. Trail surfaces will be a combination of porous surfaces,
such as native soils and/or woodchips, and may include boardwalks and footbridges. See also the
definition for Recreational Trail.
Park: means land used and maintained for active or passive outdoor recreational purposes, such
as walking/hiking/cycling recreational trails, p icnic areas and sports fields, and which may include a
refreshment stand andwashrooms.
Parking Aisle: means the portion of a parking area/lot provided to access individual parking
spaces, but is not used for the parking of motor vehicles.
Parking Area/Lot: means a lot, or part thereof, designed and/or used for the temporary parking of
motor or commercial vehicles, including parking aisles and driveways, but does not include
open/outside storage.
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Parking Space: means an area of land which is provided and maintained for the purpose of
temporary storage of a motor vehicle or commercial vehicle and may be located in a parking
area/lot or within a parking structure, private or public garage, or carport but does not include
driveways or aisles.
Parking Structure: means a structure used for the parking of motor vehicles but does not include
a private garage or a carport accessory to a dwelling.
Patio: means an unenclosed outdoor space, whether or not covered, whether or not a platform
structure, used for the accommodation of patrons of an associated restaurant, tavern, or bake
shop. See also the definitions for Deck, Gazebo, and Pergola.
Pavilion: means an unenclosed structure having a roof for the purpose of providing shelter from
the elements during recreational activities such as picnics.
Pergola: means an open structure framework supported by posts, which may include drapery
panels, over an outdoor area. See also the definitions for Deck, Gazebo, and Porch.
Personal Service Shop: means premises in which persons are employed in providing services for
the personal needs of patrons and includes establishments such as a hairdressing or barber
establishment, tattoo parlour, manicure/pedicure salon, laundromats, a dry cleaning depot, a shoe
repair and service shop, dressmaker or tailor shop, a day spa and other similar services, and
includes the retail sale of goods and services as an accessory/ancillary use.
Pervious Material: means material designed to be structurally stable while allowing rainwater
infiltration and may include pervious pavers and paving or interlock, but shall not include
landscaping elements such as gravel, dirt or limestone screening.
Pet Day Care: means premises where domestic pets are cared for and temporarily accommodated
during the day, and they may be boarded overnight, in return for remuneration in an open,
controlled, and secure setting, but typically are not kept in individual kennels and runs.
Pet Grooming Establishment: means a building or part thereof used for the grooming of pets but
does not include a veterinary clinic, a kennel, or any overnight boarding.
Pharmacy: means a retail outlet that dispenses drugs by prescription and may include the sale of
non-prescription drugs and retail goods and may include a medical clinic in conjunction with the
dispensing of prescription drugs as an ancillary use.
Pipeline: means a conduit made of pipes connected end-to-end for the long distance transport of
fluids or gases.
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Pit: means a place where unconsolidated gravel, stone, sand, clay, fill or other material is being, or
has been, removed by means of an excavation to supply materials for construction, industrial, or
manufacturing purposes, but does not include a wayside pit or quarry.
Place of Assembly/Banquet Hall: means a building or part thereof used for the gathering of
people for events including but not limited to trade shows, banquets, weddings and conventions,
but does not include a place of worship.
Place of Entertainment: means a building or part thereof used for leisure or entertainment
activities and includes uses such as a cinema, theatre, concert hall, arcade, billiard hall, bowling
alley or other indoor gaming facility, indoor miniature golf courses, indoor rock climbing, laser tag or
similar uses, and which may include incidental preparation and sales of food and beverages on the
premises, but does not include an arena or premises for the racing of motor vehicles, a casino or
similar gambling facility, or an adult entertainment establishment.
Place of Worship: means premises used for the practice of religion and faith-based spiritual
purposes wherein people assemble for religious worship, faith-based teaching, fellowship and
community social outreach, and may include accessory/ancillary uses such as a place of
assembly/banquet hall, auditorium, private cemetery, day care, private school, r eligious residence,
and/or parish hall.
Planting/Buffer Strip: means a strip of land adjacent to a lot line that is used exclusively for the
growing and maintenance of continuous row of trees, evergreens, shrubs, ornamental grasses, and
other horticultural elements that is designed to act as a buffer or visual screen that have a height of
1.5 m or greater, and may include a landscaped berm with plantings that have a height of 1.5 m or
greater, a wall or an opaque fence having a height not less than 1.5 m, and is not used for any
other purpose except where a driveway and/or sidewalk cross the planting/buffer strip.
Platform Structure: means a raised level surface more than 0.15 m above grade, including but
not limited to decks, balconies, patios and porches, but does not include a landing.
Playground: means an area for outdoor play that includes play equipment.
Play Equipment: means a structure that is designed and used for play and recreation.
Point of Intersection: means the point where two (2) lines or streets intersect.
Pool, Above-ground: means a pool used for recreational swimming with a superstructure 0.6 m
or greater above grade, but does not include an above-ground hot tub. See also the definition for
Pool, In-ground.
Pool, In-ground: means a pool used for recreational swimming with a superstructure that is less
than 0.6 m above grade with its floor below grade, but does not include an in-ground hot tub. See
also the definition for Pool, Above-ground.
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Porch: means an unenclosed, except for removable screens or awnings, platform structure
attached to a main wall(s) of a dwelling that has a roof. See also the definitions for Deck,
Gazebo, and Pergola.
Post-secondary Institution: means a public university or college of applied arts and technology
and includes associated buildings, structures, recreational uses, and open space.
Power Generation Facility: means a building or structure or part thereof, used for the production
of electrical power, where the output is 10 megawatts or greater, and where the method of
production is limited to natural gas-fired, combined cycle, cogeneration and/or renewable energy.
Premises: means the whole or part of lands, buildings or structures, or combination thereof.
Principal/Primary Use: means the primary or predominate use of a lot or a building or structure as
used or as intended to be used.
Principal Entrance: means the main entrance to a building.
Printing Establishment: means premises used primarily for printing, regardless of the method,
and/or publishing of newspapers , periodicals, books, maps and similar publications.
Private Club: means a building or lot opened or operated on a profit or non-profit basis by an
association or chartered organization such as a lodge, legion, service club, union, or similar group,
and the use of such premises for social, recreational or athletic purposes.
Private Garage: means a building or part thereof used for the temporary parking or storage of
private motor vehicles, recreational vehicles, and household goods and wherein neither the
servicing nor repairing of motor vehicles is carried on for remuneration.
Private Garage Width: means the width of a private garage at the widest measure between the
exterior walls of the private garage.
Private Home Day Care: means a place wherein the temporary care of persons is provided, for a
continuous period not to exceed twenty-four (24) hours, and is operated as an accessory/ancillary
use within a dwelling and the provisions of this By-law. See also the definition for Day Care.
Private Parking Area/Lot: means a parking area/lot that is the principal/primary use of a lot and is
operated and maintained by a private owner to provide public parking whether or not for gain or
profit. See also the definition for Public Parking Area.
Private Parking Garage: means a structure constructed on a lot and operated and maintained by
a private owner to provide public parking whether or not for gain or profit. See also the definition
for Public Parking Garage.
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Private School: means premises, including outdoor areas, where academic instruction in a full
range of elementary or secondary school courses of study is not provided by a public school board,
and may include as an accessory/ancillary use a day care. See also the definitions for
Commercial School and Public School.
Private Street Development: means a lot or block of residential dwellings in which each building
has access onto a private street or condominium roadway.
Private Street: means an easement, right-of-way or roadway that is used by motor vehicles and is
maintained by a condominium corporation as a condominium roadway or other private owner
providing access to individual lots. See also the definition for Public Street.
Propane Cylinder: means a container designed and manufactured in accordance with a cylinder
specification authorized for the containment and transportation of propane under the Transportation
of Dangerous Goods (TOG) Regulations of Transport Canada.
Propane Storage Tank: means a class of container for the storage of compressed natural
gas/propane, designed and fabricated in accordance with Canadian Standards Association B51,
but does not include a propane cylinder.
Propane Dispensing Station: means a facility at a fixed location with propane storage tanks used
for the retail sale and dispensing of propane for the refueling of vehicles, appliances or other
equipment of the business or establishment located at said location. Such facility may include a
propane exchange station.
Propane Exchange Station: means a secured, caged area from which pre-filled propane
cylinders are sold.
Province: means the Queen in the right of the Province of Ontario. Provincial shall have a
corresponding meaning.
Public Authority: means Federal, Provincial, Regional, or City agencies and includes any
commission, board, authority department, or utility established by any such agency.
Public Parking Area/Lot: means a parking area/lot that is the principal/primary use of a lot and is
operated and maintained by a public authority to provide public parking whether or not for gain or
profit. See also the definition for Private Parking Area.
Public Parking Garage: means a structure constructed on a lot and operated and maintained by a
public authority to provide public parking whether or not for gain or profit. See also the definition
for Private Parking Garage.
Public School: means premises, including outdoor areas, where academic instruction in a full
range of elementary or secondary school courses of study is provided under the jurisdiction of a
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school board established by the Province and may include as an accessory/ancillary use a day
care. See also the definitions for Commercial School and Private School.
Public Service Facility: means land, buildings and structures for the provision of programs and
services provided or subsidized by a government or other body, such as social assistance,
recreation, police and fire protection, health and educational programs, and cultural services.
Public service facilities do not include infrastructure.
Public Street: means a right-of-way or roadway that is used by commercial vehicles, long-haul
transport trailer/transport tractor and motor vehicles that is maintained by a public authority. See
also the definition for Private Street.
Public Utility: means water, artificial or natural gas, electrical power or energy, steam or hot
water, and telecommunications works, and includes the works, structures, buildings and
appurtenances necessary for the supply of such services by a Board, Commission, Corporation or
person.
Pulp and Paper Mill: means a building or part thereof wherein natural and/or recycled feed stocks
are used for the production of wood, paper and cardboard products.
Railway Lines: means an area of land, a portion of which is covered by a system of tracks, that
provides for the movement and making up of trains and includes ancillary structures such as
stations, offices, wheel houses, towers, repair and storage buildings.
Rear Lot Line: see lot line.
Rear Yard: see yard.
Recreational Trail: means a trail that is designed, constructed, and managed for walking,
cycling/biking, and running purposes and may include structures accessory to the trail use, such as
raised boardwalks and footbridges. See also the definition for Passive Recreational Trail.
Recreational Use: means the use of land, buildings, or structures, used for participatory and/or
spectator-oriented recreation and entertainment uses, and may include a pavilion, public or private
parks, playgrounds, tennis courts, basketball courts, soccer fields, lawn bowling greens, indoor and
outdoor skating rinks, athletic fields, picnic areas, in-ground pools, day camps and ancillary office,
restaurant, retail and service commercial uses but does not include a golf course or driving range,
or track for the racing of animals, motor vehicles, snowmobiles or motorcycles.
Recreational Vehicle: means a motor vehicle requiring a license and designed to be used
primarily for travel, recreation or vacationing and includes such motor vehicles commonly known as
travel trailers, camper trailers, truck camper, motor homes, all-terrain vehicle (ATVs), boats,
snowmobiles or other similar vehicles, but does not include a mobile home. See also the
definitions for Motor Vehicle and Commercial Vehicle.
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Recreational Vehicle Establishment: means premises where recreational vehicles are stored or
displayed for the purpose of sale or hire and where repairs may occur.
Recycling Facility: means where goods, wares, merchandise, and articles are dismantled and/or
sorted for further use .
Refreshment Cart: means a wheeled, transported, non-motorized refreshment vehicle, but does
not include a refreshment vehicle .
Refreshment Vehicle: means a motorized motor vehicle from which refreshments and food are
prepared and sold for public consumption and includes but is not limited to a motorized or non-
motorized vehicle.
Region: means the Corporation of the Regional Municipality of Niagara . Regional shall have a
corresponding meaning.
Required: means required by this By-law.
Research and Development: means the use of land, a building or structure, or part thereof, for
research, investigation, testing, or experimentation and which may include engineering and product
development in any field of science, medicine, technology and manufacturing.
Reserve: means a 0.3 m (1 ft) wide strip of land conveyed to the City, the Region, or the Province
for the purpose of preventing direct access to a public street from adjoining lands.
Residential Emergency Shelter: means a building providing temporary accommodation for
persons requiring immediate shelter and assistance for a short period of time that is provided by a
public authority or non-profit agency.
Residential Use: means the use of a building or structure as a dwelling .
Residential Zone: means all of the zones under Part 6 of this By-law which includes the following
zones: R1A, R1B, R1C, R1D, R2A, R2B, R3A, R3B, R3C, R3D, R4A, and R4B.
Restaurant: means premises where food and beverages are prepared and offered for sale to the
public for consumption either on or off the premises and may include incidental entertainment and
any ancillary outdoor patio .
Retail Store: means a building or part thereof where goods, wares, or merchandise are offered or
kept for sale directly to the public, but does not include motor vehicle sales and rental
establishments and recreational vehicle establishments.
Risk Management Official: means a person appointed under Part IV of the Clean Water Act,
R.S. 0. 2006, as amended, by the council of a municipality that has authority to pass by-laws
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respecting water production, treatment and storage under the Municipal Act, R.S.0. 2001, as
amended.
Roof, Flat: means a roof with an angle 10 degrees or less.
Roof, Pitched: means a roof with an angle equal to or greater than 10 degrees.
Scrap Yard: means premises used for the storage and/or handling of scrap, which may include waste
paper, rags, bottles, bicycles, motor vehicles, tires, metal and/or other scrap material and salvage.
Seasonal Commercial Use: means an area of land used on a seasonal basis for retail display and
sale, and may include uses such as a temporary outdoor garden centre, produce or other food
sales, or a display of finished merchandise.
Secondary Use: means a use that is not the prominent use on the lot .
Self-contained Dwelling Unit: means a place of residence with habitable rooms that has an
independent entrance either directly to the exterior or through a common vestibule but does not
have access to other dwelling units.
Self-storage Unit: means a unit for the private storage of personal goods, materials and
equipment, motor vehicles, commercial vehicles, boats and trailers that is divided from the floor to
the ceiling by a wall with an independent entrance which may be from an internal hallway or from
the exterior of the building.
Self-storage Establishment: means a building(s) consisting of individual self-storage units
accessible by the user that are designed to be rented or leased to the general public for private
storage of personal goods, materials and equipment, motor vehicles , commercial vehicles, boats
and trailers .
Semi-detached Dwelling: see dwe lling.
Setback: means the shortest horizontal distance from a building or structure to a lot line or from a
building or structure to a different building or structure on the same lot.
a)
Front Yard Setback: means the distance on a lot measured at a right angle from the front lot
line to the nearest main wall of a building or structure .
b)
Exterior Side Yard Setback: means the distance on a lot measured at a right angle from the
exterior side lot line to the nearest main wall of a building or structure .
c)
Interior Side Yard Setback: means the distance on a lot measured at a right angle from the
side lot line to the nearest main wall of a building or structure .
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d)
Rear Yard Setback: means the distance on a lot measured at a right angle from the rear lot
line to the nearest main wall of a building or structure.
Sewage Treatment Plant: means a facility where sanitary sewage and storm water is treated.
Shipping Container: means a pre-fabricated commercial shipping or cargo containers that have
been used and decommissioned (i.e. in the case of Sea-cans) or may be new. See also the
definitions for Storage Container and Storage Trailer.
Shopping Centre: means premises of primarily commercial uses that function as a unit either in a
single building or within multiple buildings on the same lot with common landscaped open space,
parking areas/lots, loading areas, driveways and other shared facilities where the predominate use
is retail stores.
Short Term Accommodation Rental: means a short-term rental for all or part of a dwelling unit
used to provide sleeping accommodations for any rental period that is less than twenty-eight (28)
consecutive days to a renter in exchange for payment. This excludes bed and breakfasts,
hotels/motels, and accommodations where there is no payment.
Short-term Bicycle Parking Space: means a space to park and secure a bicycle for a few
minutes or a few hours. See also the definition for Long-term Bicycle Parking Space.
Showroom: means the accessory display and sale of products manufactured on the premises.
Side Lot Line: see lot line.
Side Yard: see yard.
Sight Triangle: means an unobstructed triangular area directly adjacent to a vehicular
intersection where the front lot line and exterior side lot line meet on a corner lot.
The dimensions of the sight triangle are not included when calculating the front lot line length,
exterior lot line length, or lot coverage.
When the site triangle has been dedicated to the City or Region in a registered plan of subdivision
(59M plan) as part of a right-of-way, the regulated site triangle setbacks from lot lines does not
apply.
Site Plan: means drawings and documents as approved by or subject to approval by the City in
accordance with its Site Plan Control By-law, as may be amended from time to time.
Specific Wildlife Habitats of Concern: means areas where species concentrate at a vulnerable
point in their annual or life cycle and areas which are important to migratory or non-migratory
species. See also the definitions for Fish Habitat and Wildlife Habitat.
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Stacking Lane: means an area of land that is used exclusively for queued motor vehicles whose
occupants are waiting to be provided with goods, materials or services from a drive-through facility
accessory to a restaurant, a motor vehicle washing establishment, financial institution or pharmacy
where a drive-through is permitted by this By-law.
Step Back: means the portion of a building that is horizontally and vertically recessed from the
main wall that faces the street. The amount of the recess and the applicable portion of the building
that is subject to the recess are specified in the provisions of this By-law.
Storage Container: means a pre-fabricated metal container or box that is new or used and
deisgned for the storage of goods that may be temporarily or permanently stored on a lot but does
not include a motor vehicle. See also the definitions for Shipping Container and Storage
Trailer.
Storage Container Sales Establishment: means a lot where shipping containers, storage
containers, and/or storage trailers may be stored and sold on the premises.
Storage Trailer: means a used commercial transport trailer that may or may not be licensed and
with the storage area mounted on a wheel base. See also the definitions for Shipping
Container and Storage Container.
Storey: means a floor or level of a building that is between the top of any floor and the ceiling or
roof above it and is up to 4.2 m in height, but does not include the basement/cellar.
Any storey that exceeds 4.2 m in height shall be deemed to be an additional storey for each 4.2 m,
or fraction thereof, in excess.
Storey, First: means the storey having its floor level closest to grade and its ceiling at least 1.5 m
above grade.
Stormwater Management Facility: means an end-of-pipe, managed detention orretention basin,
which may include a permanent pool, designed to temporarily store and treat collected stormwater
runoff and release it at a controlled rate or direct it for an intended reuse.
Street: means a public street or a private street.
Street, Improved: is a street that has been surfaced with concrete, asphalt, or tar and chip and
may or may not have curbs and gutters.
Street Line: means the boundary line of a street, representing the dividing line between a lot and a
street.
Street Townhouse Dwelling: see dwelling.
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Structure: means anything that is erected, built or constructed of parts joined together that
requires location in or on the ground or attachment to something having location on the ground.
A structure excludes the following: a fence; a retaining wall, and decks, patios, or steps less than
0.6 m above grade; flag pole; clothes line pole; and, basketball pole/net.
Supermarket: means a retail store that sells food and household goods.
Tandem Parking: means the parking of one (1) motor vehicle directly behind another. atlt
excludes tandem parking in a driveway on a ot with a single detached dwelling, semi-detached
dv.'el!-ing, duplex dv.'el!-ing, triplex dw-el!-ing, fourplex dv.'el!-ing and townhouse dwe/-1-ing.
Tavern: means a building or part thereof, which offers, as its primary function, the sale of alcoholic
beverages to the public and which is licensed by the L.C.B.O.
Temporary Tent and/or Stage: means a tent structure and/or stage placed on lands for a
temporary period and used for social, charitable or business events.
Temporary Use: means a use established for a fixed period of time with the intent to discontinue
such use upon the expiration of the time period.
Tent: means a portable shelter made of fabric, supported by one (1) or more poles and stretched
tight by cords or loops attached to pegs driven into the ground and for the purposes of this By-law
is considered a structure.
Tent and Trailer Campground: means a parcel of land providing overnight or short term
accommodation for trailers, motor homes, and tents, but is not a mobile home, and includes
accessory/ancillary uses such as common washroom lavatory and bathing facilities, indoor and/or
outdoor recreation areas, picnic areas and an entrance kiosk.
Terrace: means an unenclosed portion of a rooftop of a building used as a common outdoor
amenity area.
Theatre: means any premises devoted to the presentation of live entertainment and performances
but shall not include a night club or adult oriented entertainment establishment.
Through Lot: see lot.
Townhouse Dwelling: see dwelling.
Trailer: means an unpowered vehicle designed to be towed by a motor vehicle on a street, such
as a boat trailer, an open cart, an unpowered vehicle equipped for living in, typically used during
vacations but does not include a motor home, long-haul transport trailer/transport tractor, or a
portable trailer.
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Trailer, Portable: means a structure that is transportable used to provide temporary shelter as a
classroom or office.
Triplex Dwelling: see dwelling.
Transportation Depot: means a building, structure or place where trucks or transports are rented,
leased, kept for hire, or stored or parked for remuneration, or from which trucks or transports,
stored or parked on the property, are dispatched for hire as common carriers, or which is a bonded
or sufferance warehouse.
Transportation Terminal: means premises where large motor vehicles, buses, or taxis are parked
and may include dispatching, administrative offices, a ticket office, canteen, luggage checking
facilities, parcel shipping facilities, storage facilities for the parking of the motor vehicles, motor
vehicle service station, and parking areas for passengers.
Tutoring: means the provision of supplementary academic instruction .
Upper Tier Government: means the Federal Government of Canada, Province of Ontario, and
Regional Municipality of Niagara.
Use: when used as a noun, means the purpose for which a lot or building or structure or any
combination thereof, is designed, arranged, intended, occupied or maintained and"uses" shall
have a corresponding meaning. "Use," when used as a verb, or "to use," or " used," shall have
corresponding meanings.
Utility Building: means a building, structure or part thereof, used for the supply of local utility
services, including a water or sewage pumping station, a water storage reservoir, an electric
substation, and gas regulator, electric power transmission, telecommunications and other
communication services buildings.
Utility Corridor: means a corridor of land used for the transmission of gas, oil, water,
communications or electrical power and may include the erection of a utility building or the
installation of other facilities essential to such transmission.
Veterinary Clinic: means a building or part thereof where animals are given medical or surgical
treatment and may include ancillary shelter facilities provided for overnight treatment or boarding
and where such a clinic is licensed by the College of Veterinarians of Ontario.
Walkout Basement: means that portion of a building which is partly underground, but which has
more than 50% of the floor area below grade and which has an entrance and exit at grade level.
This definition shall only apply in an area where the natural terrain permits construction of a walkout
basement. See also the definition for Basement.
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Wall: means any part of a building or structure which is designed to support a roof over a fully or
partly enclosed space and shall include pillars and columns.
Wall, Common: means a wall that divides a building or structure into two or more areas for the
purposes of separating areas.
Wall, Exterior Side: means the outside wall of a building or structure that faces the exterior lot
line.
Wall, Front: means the outside wall of a building or structure that faces the front Jot line.
Wall, Party : means a wall jointly owned and jointly used by two parties under an easement
agreement or by right-in-law, and erected at or upon a line separating two parcels of land each of
which is, or is capable of being, a separate real estate entity.
Wall, Rear: means the outside wall of a building or structure that faces the rear lot line.
Wall, Side: means the outside wall of a building or structure that faces the interior side lot line.
Wall, Wing: means a solid wall attached to a building or structure or part thereof, typically provided
for visual screening, noise attenuation and/or for the attachment of utility meters.
Warehouse: means premises for the indoor storage and freight distribution of goods, wares,
merchandise, substances, articles, or products, and accessory office space, and may include the
temporary on-site storage of commercial motor vehicles for freight handling including the pick-up,
delivery and transitory storage of goods incidental to motor freight shipment directly related to the
permitted use(s), but does not include a self-storage establishment.
Waste Container: means a garbage can, dumpster or other container used or designed for the
deposit or storage of solid waste or recyclable material before transport to the waste disposal
facility.
Waste Disposal Facility: means premises used for the disposal of residential , commercial or
industrial waste and may include a landfill, waste transfer station, and processing facility.
Waste Enclosure: means a solid opaque wall with a gate for access that screens waste including
recyclable material from view.
Waste Storage Area: means the interim containment of solid waste and recyclable material in
storage containers.
See also the definition for Storage Container.
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Water Supply: means a distribution system of underground piping and related storage, including
wells, pumping and purification appurtenances owned and operated by the City, the Region, and/or
the Province.
Watercourse: means a natural channel for a stream and includes a natural channel for an
intermittent stream but does not include a municipal drain.
Wayside Pit or Quarry: means a temporary pit or quarry opened and used by a public authority
solely for the purpose of a particular project or contract of road construction and not located within
the right-of-way.
Wholesale Establishment: means premises or part thereof where the purpose of the business is
the buying of goods for resale to other businesses including other wholesalers but does not include
a retail store that sells directly to the public.
Wholesale establishments include food terminals, chemical supply operations, and furniture and
office equipment suppliers.
Wildlife Habitat: means areas where plants, animals and other organisms live, and find adequate
amounts of food, water, shelter and space needed to sustain their populations. See also the
definitions for Fish Habitat and Specific Wildlife Habitats of Concern.
Winery: means premises used for the processing of fruit including fermentation, production,
bottling, aging and storage of wine.
Yard: means an open, uncovered space on a lot situated between a lot line and a building(s) or
structure(s) on a lot.
In determining yard measurements, the minimum horizontal distance from the respective lot lines
shall be used.
a) Exterior Side Yard: means a yard, bounded by a front yard and a rear yard, between an
exterior side lot line and the nearest main wall of any building or structure on the lot.
b) Front Yard: means a yard extending across the full lot width, bounded by side lot lines,
between the front lot line and the nearest main wall of any building or structure on the lot.
c) Interior Side Yard: means a yard, bounded by a front yard and a rear yard, between an
interior side lot line and the nearest main wall of any building or structure on the lot.
d) Minimum Yard/Required Yard: means that portion of a lot between a specified lot line and the
specified setback to where a building or structure may be located.
e) Rear Yard: means a yard, extending across the full lot width, bounded by side lot lines,
between the rear lot line and the nearest main wall of any building or structure on the lot.
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Zone: means a designated area of land use shown on Schedule "A" and established and
designated by this By-law.
Zoning Administrator: means the employees of the City who have the duty of administering this
By-law.
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part 3 I General Regulations
The following regulations shall apply in all zones unless specifically stated otherwise.
3.1
Accessory Buildings and Structures
Buildings and structures accessory to a permitted use are permitted in the residential zones,
commercial zones, and employment zones subject to the following regulations:
a)
Accessory buildings or structures shall not be erected until the main building or use to
which it is accessory is established;
b)
Accessory buildings or structures shall be located a minimum of 1.2 m from any other
building or structure located on the same lot; and,
c)
The requirements for each zone in accordance with Table 3.1 .
Table 3.1 - Accessory Building or Structure Requirements
Residential Zones
Commercial and Employment
Zones
Maximum Lot
Coverage of
10% of total lot coverage
10% of total lot coverage
Accessory
Building(s) or
permitted
permitted
Structure(s)
Minimum Front
6.0 m, but in no case closer to the
As required by the applicable
street than the front wall of the
Yard Setback
dwelling
zone
Minimum Rear
0.9m
As required by the applicable
Yard Setback
zone
Minimum Interior
0.9m
As required by the applicable
Side Yard Setback
zone
Minimum Exterior
As required by the applicable zone
Minimum exterior side 'i..ard
Side YardLot Line
setback Ags_Qfil required by the
3m
Setback
applicable zone
Maximum Height
4.5m
6.0m
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3.2
Bed and Breakfast Establishments
Where a bed and breakfast is permitted the following regulations shall apply:
a)
The maximum number of guest rooms for hire shall be three (3);
b)
The bed and breakfast shall be a secondary use to the principal residential use and
shall maintain the residential character of the dwelling;
c)
Only one (1) sign per bed and breakfast is permitted subject to the regulations of the
City's Sign By-law, as amended from time to time; and,
d)
The operator(s) of the bed and breakfast shall reside on the lot.
3.3
Farm Produce Stands
Notwithstanding any other regulation of this By-law, where a farm produce stand is permitted
as an accessory use, the following regulations shall apply:
a)
The use is only permitted on the same lot as the principal agricultural use;
b)
The cumulative maximum area for all farm produce stands shall be 18.5 m2 ;
c)
Any farm produce stand shall be setback a minimum of 6.0 m from any Jot line; and,
d)
Where parking is not permitted on adjacent street(s), a parking area on the lot must be
provided with a minimum of two (2) parking spaces as outlined in Table 4.1.
3.4
Garden Suite Dwellings
3-2
A garden suite dwelling is only permitted on Jots zoned R1 or R2 where a Temporary Use By-
law has been passed under the Planning Act, R. S. 0. 1990, as amended, and the following
regulations shall apply:
a)
A second dwelling unit and a garden suite dwelling shall not be permitted on the same
lot; and,
b)
One (1) additional parking space shall be provided on the Jot and it is permitted to be in
tandem.
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
3.5
Highway Corridor Setbacks
Notwithstanding any other provision of this By-law, all buildings and structures and the
following features shall be setback a minimum of 14.0 metres from the highway corridor.
a)
Any parking space, including a barrier-free parking space, bicycle parking space, or
stacking lane required by this By-law;
b)
Any loading space;
c)
Utilities;
d)
Fire routes; and
e)
Stormwater management facility.
3.6
Home Occupations
Where a home occupation is permitted as an accessory use in a single detached, semi-
detached, or townhouse (street or stacked) dwelling in a residential zone the following
regulations shall apply:
a)
The home occupation shall be clearly subordinate to the main residential use and
conducted wholly within the dwelling unit;
b)
The external appearance and the residential character of the dwelling unit shall not be
altered;
c)
There shall be no exterior indication either from the appearance of the dwelling,
including signage, or the volume of vehicular traffic that any such home occupation is
being conducted;
d)
The maximum gross floor area of any home occupation shall not exceed 25% of the
dwelling unit area to a maximum of 37.2 m2;
e)
The outside storage or display of goods, material and products is prohibited;
f)
The home occupation must only employ persons who reside in the said dwelling unit;
g)
Not more than one (1) home occupation is permitted in a dwelling unit;
h)
No parking area/lot shall be provided for any home occupation;
i)
A minimum of one (1) parking space shall be provided for a home occupation, which
parking space may be in tandem; and,
j)
The following uses shall not be considered as home occupations:
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i)
Retail store;
ii)
Pet day care or pet grooming establishment;
iii)
Kennel;
iv)
Veterinary clinic;
v)
Motor vehicle repair shop/garage;
vi)
Light or heavy service shop; and,
vii)
Taxi service.
3. 7
Licensed Medical Marijuana Production Facilities
Where a licensed marijuana production facility is permitted the following regulations shall
apply:
a)
Notwithstanding any other regulation of this By-law, any building or structure or portion
of land thereof used for a licensed marijuana production facility purposes shall be set
back 150.0 m from any residential, institutional, or open space zone; and,
b)
Notwithstanding any other regulation of this By-law, open storage is prohibited
accessory to a licensed marijuana production facility.
3.8
Lot Frontage Requirements
3-4
No person shall erect any building or structure or use any building, structure, or lot unless the
lot or condominium unit meets at least one of the following requirements:
a)
The lot has frontage on a public street which is or will be assumed by by-law by a
public authority,
b)
The lot has frontage on a private street which has access to a public street;
c)
A condominium unit, that is part of a common element condominium, fronts onto a
condominium common element roadway that connects directly or indirectly with a
public street; or,
d)
1.§_A~n existing lot (for lot frontage and lot area) that has access to a public street.
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
3.9
Minimum Distance Separation Requirements
a)
Notwithstanding any other regulation of this By-law, no new building used for human
habitation shall be erected unless it is located in compliance with the Minimum
Distance Separation I (MOS I) Formula published by the Ontario Ministry of
Agriculture, Food and Rural Affairs, as may be amended from time to time.
b)
Notwithstanding any other regulation of this By-law, no new or expanded livestock
facility shall be erected or enlarged unless it is located in compliance with the Minimum
Distance Separation II (MOS II) Formula published by the Ontario Ministry of
Agriculture, Food and Rural Affairs, as may be amended from time to time.
3.10
Model Homes and Temporary Sales Trailers
a)
Model homes shall be permitted on lands which have an executed subdivision
agreement or model home agreement, in accordance with the agreement.
b)
A temporary sales portable trailer shall be permitted only on lands that have received
draft plan of subdivision or final approval for the exclusive sale of lots or dwellings on
land that is within the subdivision.
3.11
Motor Vehicle Service Stations
Where a motor vehicle service station is permitted the following regulations shall apply:
a)
Notwithstanding the side yard and rear yard setbacks of the applicable zone, the
minimum side yard and rear yard setback abutting a residential use and/ or zone shall
be 10.0 m, in all other cases the minimum side yard and rear yard setback shall be 7.5
m;
b)
A weather canopy may be erected over fuel pumps and fuel pump islands. A minimum
setback of 3.0 m is required between the extent of the weather canopy and any lot line;
c)
Where the lot is a corner lot, no portion of any structure shall be located within any
sight triangle; and,
d)
A 3.0 m planting/buffer strip shall be provided across the frontage and, if located on a
corner lot, along the exterior side yard of the lot.
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3.12
Occasional Uses
Nothing in this By-law shall prevent the occasional use of land for a period not exceeding
thirty-six (36) months for the following uses:
a)
The use of any land or the erection or use of any temporary building or structure for a
construction camp, work camp, tool shed, scaffold or other temporary building or
structure incidental to and necessary for any construction work on the premises for
which a building permit has been issued and not expired, but only for so long as such
use, building or structure is necessary for such construction work which has not been
finished or abandoned.
3.13
On-Farm Diversified Uses
3-6
Where an on-farm diversified use is permitted, the following regulations shall apply:
a)
The on-farm diversified use is located on the same lot on an active farm that is farmed
for gain;
b)
The on-farm diversified use is an accessory use to the principal agricultural use of the
property and maintains the agricultural/rural character of the area;
c)
The on-farm diversified use is appropriate to available rural services and infrastructure;
d)
The on-farm diversified use is permitted to occupy a maximum of 2% of the lot on
which the uses are located, to a maximum of 10,000 m2 (1 ha), whichever is less.
In accordance with the Province's Guidelines on Permitted Uses in Ontario's Prime
Agricultural Areas, as amended, the area for an on-farm diversified use is calculated
based on the following:
i)
Existing lanes shared between agricultural uses and on-farm diversified uses are
not counted in the calculation;
ii) The area of existing buildings or structures, built prior to April 30, 2014, the date
the Provincial Policy Statement, 2014, came into effect, occupied by on-farm
diversified uses is discounted;
iii) The area of new buildings, structures, setbacks, open/outside storage, landscape
open space areas, berms, lanes and parking areas on the lot are counted in the
calculation at 100%;
iv) The gross floor area of buildings used for on-farm diversified uses is limited to 20%
of the 2% maximum lot area, to a maximum of 10,000 m2 (1 ha), whichever is less;
e)
All required parking is provided on site for the on-farm diversified use; and,
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
f)
One (1) sign is permitted subject to the regulations of the City's Sign By-law, as
amended from time to time.
3.14
Open/ Outside Storage
Where open/ outside storage is permitted, the following regulations shall apply:
a)
Open/ outside storage shall only be permitted in a rear yard; and,
b)
Where an open/ outside storage area is visible from any street, any abutting Jot and/or
park, the open/outside storage area shall be screened by a visual screen containing a
solid fence or wall not less than 2.0 min height.
3.15
Outdoor Patios
Where a patio is permitted as an accessory use to a permitted use, the following regulations
shall apply:
a)
Patios above grade require a Building Permit.
b)
Patios that abut a residential use must have a fence 2.4 min height on the abutting Jot
line;
b)
The maximum area for a patio shall not exceed 50% of the net floor area of the
principal use to which the patio is accessory; and,
c)
Parking spaces shall be required for the area occupied by the patio as prescribed in
Section 4.1.
3.16
Outside Display and Sales Areas
Where an outside display and sales area is permitted, the following regulations shall apply:
a)
The outside display and sales area is accessory to a permitted use on the lot;
b)
The outside display and sales area shall be located outside of an interior side yard
and be located on areas on the Jot that does not include: a fire route, parking area/lot,
driveway, or sight triangle; and,
c)
The outside display and sales area may only locate in areas that do not comprise a fire
route.
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3.17
Pipeline Corridors
a)
Notwithstanding any other regulation of this By-law, no building or structure shall be
located any closer than 7 .0 m from the limit of the pipeline right-of-ways.
b)
Notwithstanding any other regulation of this By-law, no accessory building or structure
shall be located any closer than 3.0 m from the limit of the pipeline right-of-ways.
3.18
Railway Setbacks for Sensitive Land Uses
a)
Notwithstanding any other regulations in this By-law, all buildings and structures
containing a dwelling, place of worship, day care, private school or public school shall
be located no closer than the following:
i) 30.0 m from any principal main line; and,
ii) 15.0 m from any principal branch line or spur lines.
b)
The setback requirements in a) are to be measured from the adjoining lot lines to the
proposed building or structure; and
c)
The setback requirements in a) do not apply to buildings or structures accessory to a
dwelling or above ground or in-ground pools, or above ground or in-ground hot tubs.
3.19
Residential Dwellings on a Lot
Except where otherwise permitted for private street development, apartment buildings, and
long-term care facilities, only one (1) unit is permitted on a lot of the following dwelling types:
a)
A single detached dwelling;
b)
A semi-detached dwelling;
c)
A duplex dwelling;
d)
A triplex dwelling; or,
e)
A fourplex dwelling.
3.20
Seasonal Commercial Uses
3-8
Where a seasonal commercial use is permitted, the following regulations shall apply:
a)
The seasonal commercial use is accessory to a permitted use on the lot; and,
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
b)
The seasonal commercial use shall be located outside of a minimum/required yard on
areas on the lot that does not include: a fire route, parking area/lot, driveway, or sight
triangle.
3.21
Second Dwelling Units
Where a second dwelling unit is permitted, the following regulations apply:
a)
A maximum of one (1) second dwelling unit is permitted on a lot;
b)
A second dwelling unit is subject to a Building Permit being issued;
c)
A second dwelling unit shall have a gross floor area of a maximum of 40% of the
principal dwelling unit gross floor area;
d)
One (1) additional parking space shall be provided on the lot and it is permitted to be in
tandem;
e)
A second dwelling unit in an accessory building shall also be subject to Section 3.1 ,
except within the Agricultural Zone, subject to Section 9.4; and,
f)
A second dwelling unit and a garden suite dwelling shall not be permitted on the same
lot.
3.22
Sight Triangles on Corner Lots
a)
Where sight triangles have not been dedicated to the City as part of the right-of-way in
a plan of subdivision, sight triangles shall be required and shall measure 5.0 m by 5.0
m;
b)
Within the C1 zone, a sight triangle of 3.0 m by 3.0 mis required; and,
c)
Within the sight triangle only vegetation to a maximum of 0. 75 m above the general
elevation of the street is permitted
3-9
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
3.23
Shipping Containers, Storage Containers and Storage Trailers
Where shipping containers, storage containers and storage trailers are permitted, the
following regulations apply:
Table 3.2 - Commercial and Employment Zones
Item
Regulations
Number of shipping
Maximum three (3) shipping containers, storage containers and/
containers, storage
or storage trailers.
containers or storage
No limit for a self-storage establishment, transportation depot or
trailers permitted per lot
storage container sales establishment.
Container/ trailer
Maximum 3.0 m wide by 12.0 min length and 3.0 min height.
dimensions
Only permitted in the rear yard or interior side yard.
Location
Applicable yard setbacks apply.
Anchoring system can encroach in required yard.
If used as the principal/ primary use the maximum lot coverage
of the applicable zone applies.
Lot coverage
If used as an accessory building or structure the maximum lot
coveraae for accessorv buildina or structure aoolies.
Not permitted on any required parking space, parking aisle, fire
Location restriction
route, driveway, setback, landscape open space or planting/
buffer strip.
Use restriction
Human habitation prohibited.
Height restriction
No stacking of units.
Fencing
Not permitted to be used as fencing.
Screening
Units shall be screened from all abutting properties and street.
3-10
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 3.3 - Residential, Agricultural and Rural Zones
Item
Regulations
Number of storage
containers permitted per
Maximum of two storage containers permitted per lot.
lot
Storage container
Maximum 3.0 m wide by 5.0 m in length and 3.0 m in height.
dimensions
Location
Rear yard only, except on a temporary basis permitted up to
ninety (90) consecutive days subject to location restrictions.
Lot coverage
The maximum lot coverage for all accessory building or
structures applies.
Location restriction
Not permitted on any required parking space, parking aisle, fire
route, setback, landscape open space or planting/ buffer strip.
Height restriction
No stacking of units.
Fencing
Not permitted to be used as fencing.
Units shall be screened from all abutting properties and street.
Screening
Units used on a temporary basis do not need to be screened.
3.24
Temporary Tents and/ or Stages
Where a temporary tent and/ or stage is permitted, the following regulations shall apply:
a)
The temporary tent and/ or stage is accessory to a permitted use on the lot subject to a
Building Permit being issued, if required; and,
b)
The temporary tent and/ or stage use shall be located outside of a minimum/required
yard on areas on the lot that does not include a fire route, driveway, or loading spaces.
3-11
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
3.25
Waste Storage Areas
The storage of waste in storage containers is permitted in any commercial, employment, and
institutional zone and on lots with four (4) or more dwelling units subject to the following:
a)
A waste storage area, including any waste loading or unloading area shall only be
located in the rear yard, interior yard or exterior side yard; and,
b)
Storage containers that are fully above grade shall be completely screened from view
with a waste enclosure.
3.26
Yards to be Unobstructed
3-12
a)
Except as permitted by this section or otherwise specified by this By-law, no building or
structure shall be erected or used in any required yard except for in accordance with
Tables 3.2 and 3.3.
Table 3.4 - General Structures Permitted Encroachments/Projections
Maximum
Structure Type
Yard Permitted
Encroachment/Projection
into the Required Yard
Eaves and Gutters
All
Not closer than 0.5 m
to any lot line
Uncovered Stairs or Ramps
Not closer than 0.5 m
to First Storey, Uncovered
All
to any Jot line
Balconies
Chimneys
All
0.6m
Fire Escapes and
Exterior Staircases,
Interior side,
1.2 m
Including an Exterior
Exterior side, Rear
Landing
Operating Apparatus such
as: Central Air Conditioning
Interior side,
Not closer than 1.2 m
Unit, Heat Pump or
Exterior side, Rear
to any lot line
Pumping Filter
Interior side and
Not closer than 0.5 m
Alcoves, Bay Windows,
Exterior side
to any lot line
Bow Windows, Window
Sills, Ornamental
Projections, Dormers
Front and Rear
0.6m
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 3.5 Platform Structure Permitted Encroachments/ Projections
(i.e. Deck, Porch, Balcony, Patio)
Minimum Setback
from Exterior Side
Lot Line to Platform
Structure (2)
Minimum Setback
from Interior Side Lot
Line to Platform
Structure (2)
Minimum Setback
from Rear Lot Line to
Platform Structure (2)
Minimum Setback
from Front Lot Line to
Platform Structure (2)
Footnotes for Table 3.5:
Height above
established
grade from
0.15 m to 0.6 m*
3.0 m
Height of Platfonn (1}
Height above
established grade
more than
0.6 m and less than
1.2m
3.0m
Height above
established grade
1.2 m or greater
Required exterior
yard of
main building
Required interior side yard of main building
1.8 m
3.0m
3.0m
3.0m
4.5m
Required front
yard of
main building
(1)
A platform structure less than 0.15 m above grade is defined as landscape open space.
(2)
For private street development, the minimum setback from a specified lot line, as set out
in the Table above, will be taken as the minimum setback in the corresponding yard for
the individual condominium unit.
3-13
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part 4 I Parking and Loading Requirements
The following regulations shall apply in all zones unless specifically stated otherwise.
4.1
Parking Space Requirements
UNDER
APPEAL
UNDER
APPEAL
UNDER
APPEAL
A minimum number of parking spaces for motor vehicles shall be provided and maintained on
a Jot in accordance with Table 4.1.
Residential Uses
Apartment building
Bed and breakfast
Dormitory
Dwelling, single detached
Dwelling, semi-detached
Dwelling, townhouse
Dwelling, duplex
Dwelling, triplex
Dwelling, fourplex
Dwelling, garden suite
1.25 spaces per dwelling unit or 0.25 spaces per bed-
sitting room
1.0 space per rental room, in addition to the parking space
required for the principal dwelling unit
0.25 spaces per bed
2.0 spaces per dwelling unit
2.0 spaces per dwelling unit
2.0 spaces per dwelling unit
1.0 space per dwelling unit
1.0 space per dwelling unit
1.0 space per dwelling unit
Mixed-use building
1.25 spaces per dwelling unit or 0.25 parking spaces per
bed-sitting room
Private road development
2.0 space per condominium unit
Second dwelling unit
Commercial Uses
Arena
Clinic
Convenience retail and
service kiosk
Convenience store
Commercial school
1.0 spaces per second dwelling unit, in addition to the
parking required for the principal dwelling unit
1.0 space per 30.0 m2 of gross floor area
1.0 space per 20.0 m2 of gross floor area
1.0 space per 25.0 m2 of gross floor area
1.0 space per 25.0 m2 of gross floor area
1.0 space per 25.0 m2 of gross floor area
4-1
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Daycare
1.0 space per 30.0 m2 of gross floor area
Farmer's market
1.0 space per 20.0 m2 of gross floor area
Financial institution
1.0 space per 25.0 m2 of gross floor area
Fitness centre
1.0 space per 20.0 m2 of gross floor area
Garden Centre
1.0 space per 20.0 m2 of gross floor area
Hotel/ motel
1.0 space per suite or guest room
Motor vehicle repair
4.0 spaces per service bay
shop/garage
Motor vehicle sales and
1.0 space per 30.0 m2 of gross floor area
rental establishment
Motor vehicle service
2.0 spaces plus any required parking spaces for accessory
station
uses to the motor vehicle service station, such as a
convenience retail and service kiosk.
Office
1.0 space per 25.0 m2 of gross floor area
Patio
1.0 space per 10.0 m2 of patio area
Personal service shop
1.0 space per 15.0 m2 of gross floor area
Place of assembly/
1.0 space per 20.0 m2 of gross floor area
banquet ha/I
Place of entertainment
1.0 space per 20.0 m2 of gross floor area
Restaurant
1.0 space per 10.0 m2 of gross floor area
Retail store/ supermarket
1.0 space per 25.0 m2 of gross floor area
Self-storage establishment 1.0 space for every 1000.0 m2 of gross floor area
Shopping centre
1.0 space per 20.0 m2 of gross floor area
Veterinary clinic
1.0 space per 20.0 m2 of gross floor area
All other commercial uses
1.0 space per 30.0 m2 of gross floor area
not identified in this table
Agricultural and Rural Uses
Agricultural use/
No minimum requirement (parking for a single detached
agriculture-related use/
dwelling shall still be provided)
on-farm diversified use
Farm implement dealer
1.0 space for every 25.0 m2 of gross floor area (excluding
outdoor display and storage of motor vehicles)
Farm produce stand
2.0 spaces
Kennel
1.0 space for every 40.0 m2 of gross floor area
4-2
Employment Uses
Accessory retail uses to
industrial uses
Bakery
Building supply outlet
Heavy manufacturing
establishment
Heavy service shop
Licensed marijuana
production facility
Light manufacturing
establishment
Light service shop
Transportation terminal
Warehouse
Wholesale establishment
All other industrial uses
not identified in this table
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
1.0 space per 20.0 m2 of gross floor area
1.0 space for every 30.0 m2 of gross floor area
1.0 space per 30.0 m2 of gross floor area
1. 0 space per 100. 0 m2 of gross floor area
1.0 space for every 35.0 m2 of gross floor area
1.0 space for every 1000.0 m2 of gross floor area
1.0 space for every 100.0 m2 of gross floor area
1.0 space for every 35.0 m2 of gross floor area
1.0 space for every 40.0 m2 of gross floor area
1.0 space for every 1000.0 m2 of gross floor area
1.0 space for every 80.0 m2 of gross floor area
1.0 spaces for every 40.0 m2 of gross floor area
Institutional and Recreational Uses
Cemetery
6.0 parking spaces
Daycare
1.0 space per 30.0 m2 of gross floor area
Community centre
1.0 space per 30.0 m2 of gross floor area
Community garden
No minimum requirement
Conservation uses
No minimum requirement
Hospital
1. 0 space for every two beds
Long-term care facility
1. 0 space for every four beds
Private school
Elementary school: 1.5 spaces per classroom
Secondary school: 4.0 space per classroom
Public school
Elementary school: 1.5 spaces per classroom
Secondary school: 4.0 spaces per classroom
Place of worship
1.0 space per 20.0 m2 of gross floor area
All other institutional uses
1.0 space per 30.0 m2 of gross floor area
not identified in this table
All other recreational uses
10.0 spaces per playing field/rink/basketball/ volleyball
not identified in this table
court/in-ground pool
4-3
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
No minimum requirement for a playground, trail or picnic
area
4.2
Calculation of Required Parking Spaces
4.2.1
Rounding
Where the calculation of the required number of parking spaces under Section 4.1 results in a
fraction of 0.25 or higher, the value shall be rounded up to the next whole number.
4.2.2
Multiple Uses on a Lot
When a building or structure accommodates more than one (1) type of use, as defined in this
By-law, the parking space requirement for the whole building shall be the sum of the
requirements for the separate parts of the building occupied by the separate uses, including
any accessory uses with a defined parking requirement under Section 4.1.
4.2.3
Driveways Used as Parking Areas
On a lot with a single detached dwelling, semi-detached dwelling, duplex dwelling, triplex
dwelling, fourplex dwelling or townhouse dwelling, a private driveway devoted to the dwelling
unit and located on the lot may be included in the calculation of parking spaces.
4.2.4
Downtown Exemption
Notwithstanding any other provision of this By-law, commercial uses shall be exempted from
the parking and loading space requirements of this By-law within the C 1 and C2 zones.
4.3
Barrier-free Parking Spaces
4.3.1
Parking Spaces to be Provided
4-4
Barrier-free parking spaces are required to be provided near entrances for apartment
buildings, mixed-use buildings, commercial uses, institutional uses and employment uses in
accordance with Table 4.3.1 and have signage in accordance with the Ontario Regulation
191/11 Integrated Accessibility Standards, as amended.
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 4.3.1 - Minimum Number of Barrier-free Parking Spaces
Total Number of Parking
Minimum Number of
Spaces in all Parking
Barrier-free Parking
Type A Spaces
Type B Spaces
Areas on the Lot
Spaces
1 to 12
1
1
0
4% of the total number
13 to 100
of parking spaces in the
- For lots with an even number of
parking area
total barrier-free parking spaces
1, plus 3% of the total
- provide an equal number of
101to200
number of parking
Type A and Type B spaces.
spaces in the parking
area
- For lots with an odd number of
2, plus 2% of the total
total barrier-free parking spaces
201 to 1,000
number of parking
spaces in the parking
- provide an equal number of
area
Type A and Type B spaces.
11, plus 1 % of the total
1,001 or greater
number of parking
The additional space may be a
spaces in the parking
Type B space.
area
4.3.2
Dimensions of Barrier-Free Parking Spaces
The minimum dimensions for a barrier-free parking space shall be in accordance with Table
4.3.2.
Table 4.3.2 - Dimensions of Barrier-free
Parking Spaces
Type
Width
Length
Type A
3.4 m
5.8 m
Type B
2.4 m
5.8 m
4-5
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
4.3.3
Barrier-Free Parking Access Aisle
All barrier-free parking spaces shall include an access
aisle and be in accordance with the following:
a) An access aisle can be shared by two (2) barrier-
free parking spaces;
b) An access aisle shall have a minimum width of 1.5
m and a minimum length of 5.8 m; and,
c) An access aisle shall include high tonal contrast
diagonal markings. On unpaved ground surfaces,
other methods to discourage parking on the access
aisle can be used, if approved by the zoning
administrator.
4.4
Parking Area and Driveway Requirements
4.4.1
Parking Space Dimensions and Requirements
a)
The minimum dimensions of a parking space
and a tandem parking space in a driveway on a lot
with a single detached dwelling, semi-detached
dwelling, duplex dwelling, triplex dwelling,
fourplex dwelling, townhouse dwelling, garden
suite, second dwelling unit or home occupation
shall be 2.75 m by 5.8 m with a minimum vertical
clearance of 4.2 m.
b)
The minimum dimensions of a tandem parking
Walkway
f) 3.4m a
0
2.4m a
1
5.8m
-
2.75m-T
Garage
S.Sm
Dw elling
0
e
5.Bm
e
·-· _ J _
3 _,:s_m_,___ _ ________________ _
Maximum 7.0m Or 50% of the
frontage, w hichever is less
Street
space for uses not listed in 4.4.1 a) shall be 2. 75 m by 6. 7 m with a minimum vertical
clearance of 4.2 m.
4-6
c)
A required parking space shall be unobstructed and free of any structures and
encroachments.
d)
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Notwithstanding 4.4.1 c), Where a parking space
within a private garage is a minimum of 6.0 m by
3.0 min dimension, an encroachment for stairs
within a garage is permitted within the minimum
dimensions of a parking space to a maximum of
0.3 metres along the length of the parking space
or 0.25 metres along the width of the parking
space.
: 2.75m
Tandem Parking
f '-
i
~
Commercial
Building
4.4.2
Driveways
UNDER
APPEAL
a)
Only one (1) driveway shall be permitted in a
residential zone.
b)
St reet
In any zone where a dwelling is permitted, the
maximum driveway width shall be 7.0 m or 50% of the frontage or condominium unit
frontage or the exterior side Jot line distance; whichever is less, for the entire length of
the driveway.
c)
Notwithstanding 4.4.2a), a circular or secondary driveway shall only be permitted in
accordance with the following:
i)
On a Jot with a minimum Jot frontage of 30.0
m;
ii)
The maximum combined width of all
driveway entrances/egresses shall be 9.0 m;
and,
iii)
The minimum distance between the driveway
entrances/egresses shall be 15.0 m. For the
purposes of interpreting this regulation, the
distance between proposed driveway
entrances/egresses shall be measured along
the applicable street line(s) between the
driveway entrances/egresses.
Dwelling
Front Yard
e + CD = maximum 9.o m
1---- Minimum30.0m ----i
d)
Ingress and egress to and from required parking areas and required parking spaces in
any zone shall be provided by means of unobstructed driveways at least 3.0 min width
for one way-traffic and 7.0 m in width for two-way traffic.
e)
Only private motor vehicles are permitted to be parked in a driveway on a Jot in a
residential zone.
4.4.3
Parking Aisles
a)
Each parking space shall be accessed either directly by a driveway or a parking aisle.
A parking aisle shall have a minimum width of 6.4 m.
4-7
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
b)
Notwithstanding Section 4.4.3 a), where a parking aisle is designed to provide one-
way traffic only, and the parking spaces are provided at an angle not exceeding 45
degrees measured at the parking aisle, the minimum width shall be 4.5 m.
4.4.4
Parking Area and Driveway Surface
A parking area and the driveway(s) connecting the parking area with a street shall be
constructed of asphalt, concrete, permeable paving, Portland cement, or like materials.
4.4.5
Illumination
Where parking areas are illuminated, lighting fixtures shall be designed and installed so that
the light is directed downward, and deflected away from adjacent lots, roads and streets.
4.4.6
Parking Area Location Abutting Residential Zone
In any non-residential zone, where the lot abuts a residential zone, no part of any parking area
shall be located closer than 3.0 m to the residential zone.
4.4. 7
Parking Area Attendant Structure
a)
A structure, not more than 4.5 m in height and not more than 15.0 m2 in gross floor area
shall be permitted in any parking area for the purpose of accommodating a parking area
attendant.
b)
The structure shall be setback a minimum of 3.0 m from all lot lines.
4.5
Loading Area Requirements
4.5.1
General
4-8
a)
A minimum number of loading space(s) shall be provided and maintained on a lot in
accordance with Table 4.5.1.
Table 4.5.1 - Minimum Loading Space Requirements
Use
Minimum Number of
Required Loading Spaces
Residential Uses
i)
Building containing less than 30 apartment
None
dwelling units or bed-sitting rooms
ii)
Building containing 30 or more apartment
1
dwelling units or bed-sitting rooms
Offices and Clinics
i)
Less than 2,000.0 m2 of gross floor area
None
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 4.5.1 - Minimum Loading Space Requirements
Use
Minimum Number of
Required Loading Spaces
ii)
2,000.0 m2 of gross floor area up to and
1
including 10,000.0 m2 of gross floor area
iii)
More than 10,000.0 m2 of gross floor area
2
Other Commercial, Institutional, Employment
and Industrial Uses
i)
Less than 250.0 m2 of gross floor area
None
ii)
250.0 m2 of gross floor area up to or equal to
1
2,000.0 m2 of gross floor area
iii)
More than 2,000.0 m2 of gross floor area
2
b)
A loading space shall be a minimum of 3.5 min width and 14.0 min length with a
minimum vertical clearance of 4.2 m.
c)
A loading space shall be unobstructed, and free of any structures and encroachments.
4.5.2
Rounding
Where the calculation of the required number of loading spaces under Section 4.5.1 results in
a fraction of 0.25 or higher, the value shall be rounded up to the next whole number.
4.5.3
Multiple Uses on a Lot
When a building or structure accommodates more than one (1) type of use, as defined in this
By-law, the loading space requirement for the whole building shall be the sum of the
requirements for the separate parts of the building occupied by the separate uses.
4.5.5
Loading Space Surface
A loading space shall be constructed of asphalt, concrete, permeable paving, Portland
cement, or like materials.
4.5.6
Loading Space Location
A loading space shall not be permitted in any front yard or exterior side yard, except in any
agricultural or rural zone, where it shall be permitted in any yard.
4.6
Bicycle Parking Requirements
a)
A minimum number of parking spaces for bicycles shall be provided and maintained on a
lot in accordance with Table 4.6.1.
4-9
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
4-10
Table 4.6.1 - Minimum Bicycle Parking Space Requirements
Use
Short-term Bicycle
Long-term Bicycle
Parking Space
Parking Space
Requirements
Requirements
Residential Uses
Apartment dwelling unit or bed-
Minimum of 2.0 spaces
sitting room and long-term care
Minimum 1.0 space per
apartment dwelling unit or
bed-sitting room
facility with 6 or less dwelling
units or beds
Apartment dwelling unit or bed-
sitting room and long-term care
facility with more than 6
dwelling units or beds
Office and Commercial Uses
Office
Personal service shop
Any retail or restaurant use
Institutional Uses
Hospital
Post-secondary institution
Private and public school
Place of worship
0.25 spaces per
apartment dwelling unit
6.0 spaces for long-term
care facility
Minimum of 6.0 spaces
1.0 space per 200.0 m2 of
gross floor area
3.0 spaces plus 1.0
spaces per 200.0 m2 of
gross floor area
6.0 spaces per public
building entrance
1.0 space per 200.0 m2 of
gross floor area
1. 0 space per classroom
1.0 space per 1000.0 m2
1.0 space per 500.0 m2 of
gross floor area for long-
term care facility
0.25 spaces per apartment
dwelling unit or bed-sitting
room
1.0 space per 500.0 m2 of
gross floor area for
long-term care facility
1.0 spaces per 200.0 m2 of
gross floor area
None required
None required
1.0 space per 500.0 m2 of
gross floor area
1.0 space per 2000.0 m2 of
gross floor area
1.0 space per 500.0 m2 of
gross floor area
None required
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 4.6.1 - Minimum Bicycle Parking Space Requirements
Use
Short-term Bicycle
Long-term Bicycle
Industrial Uses
Industrial
Warehouse
Other uses
All other non-residential uses
4.6.2
Rounding
Parking Space
Parking Space
Requirements
Requirements
None required
None required
1.0 space per 1000.0 m2
of gross floor area
1.0 space per 1,500.0 m2 of
gross floor area
1.0 space per 2,000.0 m2 of
gross floor area
None required
Where the calculation of the required number of bicycle parking spaces under Section 4.6.1
results in a fraction of 0.25 or higher, the value shall be rounded up to the next whole number.
4.6.3
Multiple Uses on a Lot
When a building or structure accommodates more than one (1) type of use, as defined in this
By-law, the bicycle parking space requirement for the whole building shall be the sum of the
requirements for the separate parts of the building occupied by the separate uses.
4.6.5
Bicycle Space and Parking Area Requirements
a)
All bicycle parking spaces under this By-law shall be provided on the same lot as the
building or use to which they serve; and,
b)
Each short-term bicycle parking space required under this By-law shall be located a
maximum of 15.0 m from a building entrance
4-11
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part 5 I Establishment of Zones
5.1
Establishment of Zones and Zone Symbols
This By-law establishes the following zones, and places all lands in the defined area into
zones, which are defined in Table 5.1 .
Table 5.1: Establishment of Zones
Zone Name
Zone Symbol
Residential Zones
Single Detached A
R1A
Single Detached and Duplex B
R18
Single Detached and Duplex C
R1C
Single Detached D
R1D
Semi-detached A
R2A
Semi-detached B
R28
Townhouse A
R3A
Townhouse B
R38
Triplex and Fourplex
R3C
Private Street Development
R3D
Apartment and Long-term Care Facility A
R4A
Apartment and Long-term Care Facility B
R48
Commercial Zones
Downtown Main Street
C1
Downtown Mixed Use
C2
General Commercial
C3
Neighbourhood Commercial
C4
Highway Commercial
cs
Mixed Use Commercial
C6
Employment Zones
Prestige Employment
M1
General Industrial
M2
Employment Mixed Use
M3
5-1
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 5.1: Establishment of Zones
Zone Name
Agricultural & Rural Zones
Agricultural
Specialty Crop
Rural
Community Zones
Major Institutional
Minor Institutional
Open Space - Parks and Recreation
Open Space - Conservation
Environmental Zones
Environmental Protection 1
Environmental Protection 2
Environmental Protection 3
Other Zones
Future Development
Utility
5-2
Zone Symbol
A
AS
RU
11
12
OS1
OS2
EP1
EP2
EP3
FD
u
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part 6 | Residential Zones
6.1
Zone Names and Symbols
Table 6.1 - Residential Zones
Zone Name
Zone Symbol
Residential Zones
i)
Residential One Zones
R1A, R1B, R1C, R1D
ii)
Residential Two Zones
R2A, R2B
ii)
Residential Three Zones
R3A, R3B, R3C, R3D
iii)
Residential Four Zones
R4A, R4B
6.2
Permitted Uses
No person shall erect, alter, enlarge, reconstruct, locate, or use any building or structure in
whole or in part, nor use any lot in whole or in part, for any purpose other than one or more of
the following permitted uses denoted by the symbol "-"in the column applicable to that zone and
corresponding with the row in Table 6.2.
Table 6.2 - Permitted Uses in the Residential Zones
Use
R1
Zones
R2
Zones
R3
Zones
R4
Zones
Single detached dwelling
-
-
Duplex dwelling
-
-
Semi-detached dwelling
-
-
Street townhouse dwelling
-
(5) -
(5)
-
-
Stacked townhouse dwelling
-
-
Private street development (1)
-
-
Triplex dwelling
-
-
-
-
Fourplex dwelling
-
-
Apartment dwelling
-
-
Group Home
-
-
-
-
Long-term care facility
-
-
Accessory Uses
Accessory building or structure (3)
-
-
-
-
Bed and breakfast (3)
-
(2)
-
-
(2)
6-1
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 6.2 - Permitted Uses in the Residential Zones
Use
R1
Zones
R2
Zones
R3
Zones
R4
Zones
Garden suite dwelling (3)
-
-
Home occupation (3)
-
-
-
Private home day care
-
-
-
Second dwelling unit (3)
-
-
-
(4)
Short term accommodation rental
(3)
-
-
-
-
Storage container (3)
-
-
-
-
Footnotes for Table 6.2 Permitted Uses:
(1)
Private street development permitted uses include single detached dwellings, semi-
detached dwellings, townhouses and stacked townhouses.
(2)
Bed and breakfasts are only permitted in single detached dwellings, semi-detached
dwellings, and street townhouses.
(3)
This use is subject to regulations outlined in Part 3- Generals.
(4)
This use is not permitted in a triplex or fourplex.
(5)
Within the R1 and R2 zones, street townhouse dwellings shall be limited to three
attached dwellings.
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
6.3
Lot, Building and Structure Requirements
6.3.1
The following requirements in Table 6.3.a shall apply to every lot, building and structure
in the applicable R1A and R1B zones:
Table 6.3.a - Lot, Building, and Structure Requirements for Residential R1A and
R1B Zones
Requirement
Permitted Uses
Dwelling
Single
Detached
Dwelling,
Semi-
Detached
Dwelling,
Duplex
Dwelling,
Triplex
Townhouse
(Street)
Minimum Lot
Area
400 m2
200 m2
325 m2
450 m2
180.0 m2 per interior
unit and 225.0 m2
per end unit
Minimum Lot
Frontage
12.0 m
7.0
12.0 m
15.0 m
6.0 m per interior
unit and 7.5 m per
end unit
Minimum Front
Yard
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to dwelling
7.5 m to
attached
private
garage or
carport (1)
7.5 m to
attached
private
garage or
carport (1)
7.5 m to
attached
private
garage or
carport (1)
7.5 m to
attached
private
garage or
carport (1)
7.5 m to attached
private garage or
carport (1)
Minimum Rear
Yard
7.5 m
7.5 m
7.5 m
7.5 m
7.5 m
Minimum Interior
Side Yard
1.2 m
1.2 m (2)
1.2 m
1.2 m
1.2 m (2)
Minimum Exterior
Side Yard
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to dwelling
6.0 m to attached
private garage or
carport (1)
6.0 m to
6.0 m to
6.0 m to
6.0 m to
attached
attached
attached attached
private
private
private
private
garage or garage or garage or garage or
carport (1) carport (1) carport (1) carport (1)
Maximum
Building Height
11.0 m
11.0 m
11.0 m
11.0 m
11.0 m
Minimum
Landscaped
Open Space
30%
30%
30%
30%
30%
6-3
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Maximum Lot
Coverage
45%
45%
45%
45%
45%
Maximum Width
of a Private
Garage
Attached to the
Main Building
65 % of
the main
building
front wall
length
60 % of
the main
building
front wall
length
65 % of
the main
building
front wall
length
65 % of
the main
building
front wall
length
60 % of the main
building front wall
length
Maximum
Number of
Attached
Dwelling Units
-
-
-
-
3
6.3.2
The following requirements in Table 6.3.b shall apply to every lot, building and structure
in the applicable R1C zone:
Table 6.3.b - Lot, Building, and Structure Requirements for Residential R1C
Zone
Requirement
Permitted Uses
Dwelling
Single
Detached
Dwelling,
Semi-
Detached
Dwelling,
Duplex
Dwelling,
Triplex
Townhouse
(Street)
Minimum Lot Area
325 m2
200 m2
325 m2
450 m2
180.0 m2 per
interior unit and
225.0 m2 per
end unit
Minimum Lot
10.5 m
7.0
10.5 m
15.0 m
6.0 m per
Frontage
interior unit and
7.5 m per end
unit
Minimum Front
Yard
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached private
garage or
carport (1)
Minimum Rear
Yard
7.5 m
7.5 m
7.5 m
7.5 m
7.5 m
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Minimum Interior
Side Yard
1.2 m
1.2 m (2)
1.2 m
1.2 m
1.2 m (2)
Minimum Exterior
Side Yard
4.5 m to
dwelling
7.5 m to
attached
private
garage or
carport (1)
4.5 m to
dwelling
7.5 m to
attached
private
garage or
carport (1)
4.5 m to
dwelling
7.5 m to
attached
private
garage or
carport (1)
4.5 m to
dwelling
7.5 m to
attached
private
garage or
carport (1)
4.5 m to
dwelling
7.5 m to
attached private
garage or
carport (1)
Maximum Building
Height
11.0 m
11.0 m
11.0 m
11.0 m
11.0 m
Minimum
Landscaped Open
Space
30%
30%
30%
30%
30%
Maximum Lot
Coverage
45%
45%
45%
45%
45%
Maximum Width of
a Private Garage
Attached to the
Main Building
65 % of
the main
building
front wall
length
60 % of
the main
building
front wall
length
65 % of
the main
building
front wall
length
65 % of
the main
building
front wall
length
60 % of the
main building
front wall length
Maximum Number
of Attached
Dwelling Units
-
-
-
-
3
6.3.3
The following requirements in Table 6.3.c shall apply to every lot, building and structure
in the applicable R1D zone:
Table 6.3.c - Lot, Building, and Structure Requirements for Residential R1D
Zone
Requirements
Permitted Uses
Dwelling
Single
Detached
Dwelling,
Semi-
Detached
Dwelling,
Duplex
Dwelling,
Triplex
Townhouse
(Street)
Minimum Lot
Area
250 m2
200 m2
325 m2
450 m2
180.0 m2 per
interior unit and
225.0 m2 per end
unit
Minimum Lot
Frontage
9 m
7.0 m
10.5 m
15.0 m
6.0 m per interior
unit and 7.5 m per
end unit
6-5
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Minimum Front
Yard
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
4.5 m to dwelling
6.0 m to attached
private garage or
carport (1)
Minimum Rear
Yard
7.5 m
7.5 m
7.5 m
7.5 m
7.5 m
Minimum
Interior Side
Yard
1.2 m
1.2 m (2)
1.2 m
1.2 m
1.2 m (2)
Minimum
Exterior Side
Yard
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
4.5 m to dwelling
6.0 m to attached
private garage or
carport (1)
Maximum
Building Height
11.0 m
11.0 m
11.0 m
11.0 m
11.0 m
Minimum
Landscaped
Open Space
30%
30%
30%
30%
30%
Maximum Lot
Coverage
45%
45%
45%
45%
45%
Maximum Width
of a Private
Garage
Attached to the
Main Building
65 % of
the main
building
front wall
length
60 % of
the main
building
front wall
length
65 % of
the main
building
front wall
length
65 % of
the main
building
front wall
length
60 % of the main
building front wall
length
Maximum
Number of
Attached
Dwelling Units
-
-
-
-
3
6.3.4
The following requirements in Table 6.3.d shall apply to every lot, building and structure
in the applicable R2A and R2B zones:
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 6.3.d - Lot, Building, and Structure Requirements for Residential
R2A and R2B Zones
Requirements
Permitted Uses
Dwelling
Single
Detached
Dwelling,
Semi-
Detached
Dwelling,
Duplex
Dwelling,
Triplex
Townhouse
(Street)
Minimum Lot
Area
325 m2
200 m2 per
dwelling
unit
325 m2
450 m2
180.0 m2 per
interior unit and
225.0 m2 per
end unit
Minimum Lot
10.5 m
7.0 m
10.5 m
15.0 m
6.0 m per
Frontage
interior unit and
7.5 m per end
unit
Minimum Front
Yard
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached private
garage or
carport (1)
Minimum Rear
Yard
7.5 m
7.5 m
7.5 m
7.5 m
7.5 m
Minimum
Interior Side
Yard
1.2 m
1.2 m (2)
1.2 m
1.2 m
1.2 m (2)
Minimum
Exterior Side
Yard
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached private
garage or
carport (1)
Maximum
Building Height
11.0 m
11.0 m
11.0 m
11.0 m
11.0 m
Minimum
Landscaped
Open Space
30%
30%
30%
30%
30%
Maximum Lot
Coverage
45%
45%
45%
45%
45%
6-7
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Maximum Width
of a Private
Garage
Attached to the
Main Building
65 % of
the main
building
front wall
length
60 % of
the main
building
front wall
length
65 % of
the main
building
front wall
length
65 % of
the main
building
front wall
length
60 % of the
main building
front wall length
Maximum
Number of
Attached
Dwelling Units
-
-
-
-
3
6.3.5
The following requirements in Table 6.3.e shall apply to every lot, building and structure
in the applicable R3A, R3B, R3C and R34 zones:
Table 6.3.e - Lot, Building, and Structure Requirements for Residential R3A, R3B,
R3C and R3D Zones
Requirements
Permitted Uses
Dwelling,
Triplex
Fourplex
Townhouse
(Street)
Townhouse
(Stacked)
Private Street
Development
Apartment/
Long Term
Care Facility
Minimum Lot
Area
450 m2
160 m2 per
interior unit
and 200 m2
per end unit
450 m2
-
-
Minimum Lot
15.0 m
6.0 m per
15 m
12 m for lot
30.0 m
Frontage
interior unit
and 7.5 m
per end unit
Minimum
Front Yard
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
3.0 m to
dwelling front
wall or side
wall
3.0 when
building is less
than 12.0 m in
height
6.0 m to
attached
private
garage or
carport (1
6.0 m to
attached
private
garage or
carport (1
6.0 m to
attached
private garage
or carport (1)
6.0 m to
attached
private garage
or to rear wall
of dwelling
5.0 m when
building is
12.0 m in
height or
greater
(4)
Minimum Rear
Yard
7.5 m
7.5 m
7.5 m
3.0 m to
dwelling side
wall
6.0 m to
dwelling rear
wall
7.5m for
portion of
building up to
12.0 m in
height
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Additional 0.5
m for each
additional 1.0
m of building
height
Minimum
Interior Side
Yard
1.2 m
1.2 m (2)
1.2 m
1.5 m where
abutting an R1
or R2 zone
3.0 m to
dwelling side
wall
6.0 m to
dwelling rear
wall
3.0 m for
portion of
building up to
12.0 m in
height
Additional 0.5
m for each
additional 1.0
m of building
height
Minimum
Exterior Side
Yard
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport
4.5 m
4.5 m
3.0 when
building is less
than 12.0 m in
height
5.0 m when
building is
12.0 m in
height or
greater
(4)
Maximum
Building
Height
11.0 m
11.0 m
12.0 m
11.0 m
12.0 m
Maximum
Number of
Attached
Dwelling Units
6
6 (3)
6
-
Minimum
Landscaped
Open Space
30%
30%
30%
30%
30%
Total Lot
Coverage
45%
45%
45%
45%
45%
Maximum
Width of a
Private Garage
Attached to
the
Main Building
65 % of
the main
building
front wall
length
60 % of the
main building
front wall
length
60 % of the
main building
front wall
length
65 % of the
main building
front wall
length
-
Minimum
Planting/Buffer
Strip
-
-
1.5 m where
abutting an R1
or R2 zone
1.5 m where
abutting an R1
or R2 zone
1.5 m where
abutting an R1
or R2 zone
6-9
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Minimum Yard
Requirements
Between
Buildings
-
-
-
-
-
Minimum
Amenity Area
-
-
-
-
20%
6.3.6
The following requirements in Table 6.3.f shall apply to every lot, building and structure
in the applicable R4A and R4B zones:
Table 6.3.f - Lot, Building, and Structure Requirements for Residential R4A and
R4B Zones
Requirements
Permitted Uses
Dwelling,
Triplex
Fourplex
Townhouse
(Street)
Townhouse
(Stacked)
Private Street
Development
Apartment/
Long Term
Care Facility
Minimum Lot
Area
450 m2
160 m2 per
interior unit
and 200 m2
per end unit
450 m2
-
-
Minimum Lot
15.0 m
6.0 m per
15 m
12 m for lot
30.0 m
Frontage
interior unit
and 7.5 m
per end unit
Minimum
Front Yard
4.5 m to
dwelling
4.5 m to
dwelling
4.5 m to
dwelling
3.0 m to
dwelling front
wall or side
wall
3.0 m when
building is less
than 12.0 min
height
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached
private
garage or
carport (1)
6.0 m to
attached
private garage
or carport (1)
6.0 m to
attached
private garage
or to rear wall
of dwelling
5.0 m when
building is
12.0-15.0 m in
height
7.0 m when
building is
16.0 min
height or
greater
(4)
Minimum Rear
Yard
7.5 m
7.5 m
7.5 m
3.0 m to
dwelling side
wall
7.5m for
portion of
building up to
6-10
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
6.0 m to
dwelling rear
wall
12.0 m in
height
Additional 0.5
m for each
additional 1.0
m of building
height
Minimum
Interior Side
Yard
1.2 m
1.2 m (2)
1.2 m
1.5 m where
abutting an R1
or R2 zone
3.0 m to
dwelling side
wall
6.0 m to
dwelling rear
wall
3.0 m for
portion of
building up to
12.0 m in
height
Additional 0.5
m for each
additional 1.0
m of building
height
Minimum
Exterior Side
Yard
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
4.5 m to
dwelling
6.0 m to
attached
private
garage or
carport (1)
4.5 m
4.5 m
3.0 when
building is less
than 12.0 m in
height
5.0 m when
building is
12.0 m in
height or
greater
(4)
Maximum
Building
Height
11.0 m
11.0 m
12.0 m
11.0 m
20.0 m
Maximum
Number of
Attached
Dwelling Units
6
6 (3)
6
-
Minimum
Landscaped
Open Space
30%
30%
30%
30%
30%
Total Lot
Coverage
45%
45%
45%
45%
45%
Maximum
65 % of
60 % of the
60 % of the
65 % of the
-
Width of a
the main main building main building main building
Private Garage building
front wall
front wall
front wall
Attached to
front wall
length
length
length
the
Main Building
length
6-11
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Minimum
Planting/Buffer
Strip
-
-
1.5 m where
abutting an R1
or R2 zone
1.5 m where
abutting an R1
or R2 zone
1.5 m where
abutting an R1
or R2 zone
Minimum Yard
Requirements
Between
Buildings
-
-
-
-
Half the height
of the
building(s)
Minimum
Amenity Area
-
-
-
-
20%
Footnotes for Tables 6.3.a - 6.3.f:
(1)
Notwithstanding anything to the contrary, no principal entrance of
a dwelling shall be setback more than 1.5 m from the front wall of
the dwelling or the front face of an attached private garage or
carport in the R1A, R1B, R1C, R1D, R2A and R2B zones.
(2)
The minimum interior side yard shall not be required where attached
dwelling units share a party wall.
(3)
For stacked townhouses a maximum of 6 vertically attached stacked
townhouse units are permitted (within which there can be up to three
horizontally stacked units) for a total of 18 units per stacked
townhouse block.
(4)
Notwithstanding anything to the contrary, every apartment building
shall have a principal entrance facing toward the front lot line or
exterior side lot line.
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part 7 I Commercial Zones
7.1
Zone Names and Symbols
Table 7.1 - Commercial Zones
Zone
Zone
Symbol
i)
Downtown Main Street
C1
ii)
Downtown Mixed Use
C2
iii)
General Commercial
C3
iv)
Neighbourhood Commercial
C4
v)
Highway Commercial
C5
vi)
Mixed Use Commercial
C6
7.2
Permitted Uses
No person shall erect, alter, enlarge, reconstruct, locate, or use any building or structure in
whole or in part, nor use any Jot in whole or in part, for any purpose other than one or more of
the following permitted uses denoted by the symbol "-"in the column applicable to that zone and
corresponding with the row in Table 7.2.
Table 7.2 - Uses Permitted in the Commercial Zones
Use
C1
C2
C3
C4
C5
cs
Residential and mixed uses
Apartment dwelling
- (1)
-
- (1)
-
Fourplex dwelling
-
Group home
-
Long-term care facility
-
Mixed-use building
- (1)
-
-
Triplex dwelling
-
Commercial Uses
Animal Shelter
-
-
-
Art gallery
-
-
-
Auctioneering establishment
-
-
Bakeshop
- (2)
- (2)
-
- (3)
Brewing on premises
-
establishment
7-1
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 7.2 - Uses Permitted in the Commercial Zones
Use
C1
Building supply outlet
Campground
Catering establishment
Cinema
-
Clinic
-
Commercial recreation facility
-
Commercial school
-
Community garden
-
Convenience store
- (3)
Custom workshop
Daycare
-
Day spa
-
Drive-in theatre
Dry cleaning depot
-
Equipment sales and rental
establishment
Farm implement dealer
Farmer's market
-
Financial institution
-
Fitness centre
-
Fuel storage depot
Funeral establishment
-
Garden centre
Hospice
-
Hotel I motel
-
Light equipment/ machinery rental
establishment
Microbrewery or microwinery
- (2)
Motor vehicle repair shop/ garage
Motor vehicle sales and rental
establishment
Motor vehicle service station
Motor vehicle washing
establishment
Museum
-
Night club
-
Office
-
Personal service shop
-
Pet daycare
Pet grooming establishment
-
7-2
C2
C3
C4
C5
cs
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- (3)
-
- (4)
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- (2)
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 7.2 - Uses Permitted in the Commercial Zones
Use
C1
C2
C3
C4
C5
cs
Pharmacy
- (2)
- (2)
-
-
Place of assembly/ banquet hall
-
-
-
-
Place of entertainment
-
-
-
-
Place of worship
-
-
-
Printing establishment
-
-
-
Private club
-
-
-
Private home day care ( 4)
-
-
-
Private parking area
-
-
-
Private parking garage
-
-
-
Propane dispensing station
-
-
Propane exchange station
-
-
-
-
-
Public parking area
-
-
-
Public parking garage
-
-
-
Public service facilities
-
-
-
Recreation vehicle establishment
-
-
Residential emergency shelter
-
-
-
Restaurant
-
-
-
-
-
-
Retail store
- (2)
- (2)
-
- (3)
-
Self service establishment
-
Shopping centre
-
Supermarket
- (2)
- (2)
-
Tavern
-
-
-
-
-
Tent and trailer campground
-
Theatre
-
-
-
Transportation terminal
-
-
-
-
Veterinary clinic
-
-
-
-
-
Warehouse
-
Wholesale establishment
-
Winery
-
Specified accessory uses
Accessory building or structure (4)
-
-
-
-
-
-
Bed and breakfast ( 5)
-
-
-
-
Convenience retail and service
kiosk
-
-
Drive-through
-
-
Open/ outside storage (4)
-
Outside display and sales area (4)
-
-
-
-
-
Patio
-
-
-
Seasonal commercial use (4)
-
Second dwelling unit (5)
-
-
-
7-3
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 7.2 - Uses Permitted in the Commercial Zones
Use
C1
Storage container (4)
Storage trailer ( 4)
Temporary tent and/ or stage (4)
Footnotes for Table 7.2 Permitted Uses:
C2
C3
C4
C5
-
-
-
-
-
-
(1)
Dwelling units are only permitted above, to the rear and/or below non-residential uses.
(2)
The maximum gross floor area for all retail uses in one (1) building shall be 1,500.0 m2-
(3)
The maximum gross floor area for all retail uses on the Jot shall be 140.0 m2-
(4)
This use is subject to regulations outlined in Part 3- General Regulations.
(5)
This use is only permitted in existing single detached, semi-detached and townhouse
dwellings subject to the regulations outlined in Part 3- General Regulations.
7 .3
Lot, Building and Structure Requirements
The following requirements in Tables 7.3a and 7.3b shall apply to every lot, building and
structure in the applicable zone.
Table 7.3a Lot, Building and Structure Requirements for the Downtown Main Street and
Mixed Use Zones
Requirement
C1
C2
Minimum Lot Area
-
-
Minimum Lot Frontage
5.0m
6.0m
Minimum Front Yard
-
-
Maximum Front Yard
3.0m
5.0m
7.5 m when abutting a
cs
residential use or zone
Minimum Rear Yard
6.0m
In all other cases: 6.0 m
4.5 m when abutting a
residential use or zone
Minimum Interior Side Yard
-
In all other cases: 1.2 m
Minimum Exterior Side Yard
-
3.0m
7-4
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 7.3a Lot, Building and Structure Requirements for the Downtown Main Street and
Mixed Use Zones
Requirement
C1
C2
Maximum Lot Coverage
-
-
Minimum Landscape Open Space
-
-
Where the front lot line
abuts Front Street: 9.0 m
Minimum Height
-
In all other cases: 7.5 m
Where the front lot line
Where the front lot line abuts
abuts Front Street 20.0 m
Ormond Street, St. Davids
or 6 storeys, whichever is
less
Street and Pine Street 20.0 m
Maximum Height
or 6 storeys, whichever is less
In all other cases: 14 m or
In all other cases: 14.0 m or 4
4 storeys, whichever is
storeys, whichever is less
less
Minimum Front Building Fa<;ade
90% of lot frontage
80% of lot frontage
Width
Minimum Exterior Side Building
70% of lot depth
60% of lot depth
Fa<;ade Width
1.5 m above the third or
1.5 m above the third or fourth
storey for a five or six storey
Minimum Step Back
fourth storey for a five or
building
six storey building
Minimum Planting/Buffer Strip
-
-
7-5
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 7.3b Lot, Building and Structure Requirements for the Neighbourhood, General, Mixed
Use and Highway Commercial Zones
Requirement
C3
C4
cs
C6
Minimum Lot Area
1,500.0 m2
750.0 m2
10,000.0 m2
4,000 m2
(1 ha)
Minimum Lot Frontage
20.0m
20.0 m
75.0m
60.0m
Minimum Front Yard
7.5m
7.5 m
14.0 m
7.5 m
Where the rear
yard abuts a
residential zone
or use: 7.5 m or
half the height of
Minimum Rear Yard
the building,
7.5 m
7.5m
75 m
whichever is
greater
In all other
cases:
4.5m
Where the yard
Where the
abuts a
interior side
residential zone
yard abuts a
or use: 7.5 m or
residential
half the height of
zone or use:
7.5 m or half
Minimum Interior Side
the building,
the height of
7.5m
4.5m
Yard
whichever is
greater
the building,
whichever is
In all other
greater
cases:
In all other
4.5m
cases:
4.5m
Minimum Exterior Side
6.0m
6.0m
7.5m
6.0m
Yard
Maximum Lot Coverage
60%
40%
15%
40%
Minimum Landscape
10%
20%
25%
15%
Open Space
Maximum Height
11 .0 m
9.0 m
20 m
-
7-6
Minimum Planting/Buffer
1. 5 m abutting
Strip
every Jot line
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
5.0 m abutting
1.5 m abutting
any front or
1.5 m abutting
side lot line
any residential
any residential
zone or use
zone or use
3.0 m for every
other lot line
7-7
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part 8 I Employment Zones
8.1
Zone Names and Symbols
Table 8.1 - Employment Zones
Zone Name
Zone Symbol
Employment Zones
i)
Prestige Employment
M1
ii)
General Industrial
M2
v)
Employment Mixed Use
M3
vi)
Rural Industrial
M4
8.2
Permitted Uses
No person shall erect, alter, enlarge, reconstruct, locate, or use any building or structure in
whole or in part, nor use any Jot in whole or in part, for any purpose other than one or more of
the following permitted uses denoted by the symbol "-"in the column applicable to that zone and
corresponding with the row in Table 8.2.
Table 8.2 - Permitted Uses in the Employment Zones
Use
M1
M2
M3
M4
Residential and mixed uses
Mixed-use building
-
Commercial uses
Bakery
-
-
Building supply outlet
-
-
Catering establishment
-
Commercial recreation facility
-
Contractor's facility
-
-
Convenience store
-
Custom workshop
-
-
Dry cleaning plant
-
-
Equipment sales and rental establishment
-
- (1)
Farm implement dealer
-
-
Financial institution
-
Fitness centre
-
8-1
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 8.2 - Permitted Uses in the Employment Zones
Use
M1
Fuel storage depot
Heavy manufacturing establishment
Heavy service shop
Hotel/ motel
Industrial mall
Industrial use
lntermodal shipping yard
Laboratory
-
Licensed Marijuana Production Facility (2)
Light equipment/ machinery rental
establishment
Light manufacturing establishment
-
Light service shop
-
Motor vehicle recycling
Motor vehicle repair shop/ garage
Office
-
Personal service shop
Pharmacy
Post-secondary institution
Printing establishment
Propane dispensing station
Public service facilities
-
Pulp and paper mill
Recycling facility
Research and development
-
Restaurant
Retail store
Scrap yard
Self-storage establishment
Shipping container (2)
Storage trailer (2)
Supermarket
Transportation depot
8-2
M2
M3
M4
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- (1)
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- (4)
-
-
-
-
-
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 8.2 - Permitted Uses in the Employment Zones
Use
M1
M2
M3
M4
Veterinary clinic
-
-
Warehouse
-
-
Wholesale establishment
-
-
Specified accessory uses
Office
- (3)
-
Open/ outside storage (2)
-
- (5)
Outside display and sales area (2)
-
Retail uses accessory to industrial uses (3)
-
-
Storage container (2)
-
Showroom
-
-
Footnotes for Table 8.2 Permitted Uses:
(1)
Only permitted on lots that are located east of Davis Road or Highway 58, south of Old
Thorold Road and north of Beaverdams Road.
(2)
This use is subject to regulations outlined in Part 3- General Regulations.
(3)
Shall not exceed an area more than 25% of the gross floor area of the primary use.
(4)
Not permitted on lots that front onto McCleary Drive.
(5)
Not permitted on lots that are located east of Davis Road or Highway 58, south of Old
Thorold Road and north of Beaverdams Road.
8-3
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
8.3
Lot, Building and Structure Requirements
The following requirements in Table 8.3 shall apply to every lot, building and structure in the
applicable zone.
Table 8.3 Lot, Building and Structure Requirements in the Employment Zones
Requirement
M1
M2
M3
M4
Minimum Lot Area
6,000.0 m2
4,000.0 m2
10,000 m2 (1 ha)
10,000 m2 (1
ha)
Minimum Lot
60.0 m
45.0m
BO.Om
60.0m
Frontage
20.0 m abutting
Minimum Front
Merrittville
Yard
Highway and
10.0 m
20.0m
20.0m
15.0 min all
other cases
15.0 m abutting
Minimum Rear
15.0 m
10.0 m
Highway 406 and
6.0 m (1)
Yard
10.0 min all
other cases
Minimum Interior
6.0m
6.0 m (1)
10.0 m
3.5m(1)
Side Yard
Minimum Exterior
15.0 m
6.0m
20.0m
6.0m
Side Yard
Minimum
Landscape Open
15%
10%
10%
10% (3)
Space
Minimum Width of
Planting/ Buffer
6.0m
3.0m
6.0m
3.0m
Strip along Street
Frontage
Minimum Width of
Planting/ Buffer
Strip Abutting a
Residential,
Institutional, Open
7.5m
7.5m
-
-
Space, Downtown
Mixed Use or
Employment
Mixed Use Zone
Maximum Lot
50%
50%
40%
15%
Coverage
Minimum Height
-
-
3 storeys
-
8-4
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 8.3 Lot, Building and Structure Requirements in the Employment Zones
Requirement
M1
M2
M3
M4
15.0mor4
Maximum Height
storeys,
whichever is less
(2)
15.0 m
18.0 m or6
storeys,
whichever is less
15.0 m
Footnotes for Table 8.3:
(1)
The minimum yard shall be 10.0 m where abutting a residential zone or existing
residential use.
(2)
Buildings that have frontage on both Schmon Parkway and Merrittville Highway are
permitted to a maximum height of 18.0 m or 6 storeys, whichever is less.
(3)
Lots fronting on Thorold Stone Road or Beaverdams Road shall have a minimum of 25%
landscape open space. The entire road frontage to a minimum depth of 6.0 m shall be
landscape open space.
8-5
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part 9 I Agricultural & Rural Zones
9.1
Zone Names and Symbols
Table 9.1 - Agricultural and Rural Zones
Zone
Zone
Symbol
i)
Agricultural
A
ii)
Specialty Crop
AS
iii)
Rural
RU
9.2
Permitted Uses
No person shall erect, alter, enlarge, reconstruct, locate, or use any building or structure in
whole or in part, nor use any Jot in whole or in part, for any purpose other than one or more of
the following permitted uses denoted by the symbol "-"in the column applicable to that zone and
corresponding with the row in Table 9.2.
Table 9.2 - Permitted Uses in Agricultural and Rural Zones
Use
A
AS
RU
Agricultural use
-
-
-
Agriculture-related use
-
-
-
Forestry and resource management use
-
-
-
Greenhouse
-
-
-
Passive recreational trail
-
-
-
Single detached dwelling
-
-
-
Veterinary clinic
-
Wayside pit or quarry
-
-
Specified Accessory Uses
Accessory buildings and structures to
-
-
-
residential uses
Bed and breakfast (1)
-
-
-
Farm hel11, accommodation (2l
-
-
-
Farm produce stand (1)
-
-
-
On-farm diversified use (1)
-
-
-
Second dwelling unit (g4)
-
-
-
Short term rental accommodation
-
-
-
9-1
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 9.2 - Permitted Uses in Agricultural and Rural Zones
Use
A
AS
RU
Storage container (1)
Footnotes for Table 9.2 Permitted Uses:
f1l.. This use is subject to regulations outlined in Part 3 - General Provisions Regulations.
f-B(2) This use is subject to the regulations outlined in Table 9.4.
9.3
Lot, Building and Structure Requirements
The following requirements in Table 9.3 shall apply to every Jot, building and structure in the
applicable zone.
Table 9.3 - Lot, Building and Structure Requirements for the Agricultural and
Rural Zones
Requirement
A
AS
RU
30,000.0 m2 (3 ha)
30,000.0 m2 (3 ha)
30,000.0 m2 (3 ha)
for greenhouses
for greenhouses
for greenhouses
Minimum Lot
Area
400,000.0 m2 (40 ha)
161,870.0 m2 (16.2 ha)
10,000.0 m2 (1 ha)
for all other uses
for all other uses
for all other uses
Minimum Lot
45.0m
45.0m
45.0m
Frontage
7.5 m
7.5m
7.5 m to dwelling
to dwelling
to dwelling
Minimum Front
15.0 m
15.0 m
15.0 m
Yard
to agricultural use
to agricultural use
to agricultural use
building( s )/ structure(s)
buildings( s )/ structure( s)
building(s)/structure(s)
(1)
(1)
(1)
Minimum Rear
10.0 m
10.0 m
10.0 m
Yard
to dwelling
to dwelling
to dwelling
9-2
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 9.3 - Lot, Building and Structure Requirements for the Agricultural and
Rural Zones
Requirement
A
AS
RU
15.0 m
15.0 m
15.0 m
agricultural use
agricultural use
agricultural use
building(s)lstructure(s)
building( s )/ structure(s)
building( s )/ structure(s)
(1)
(1)
(1)
5.0 m
5.0m
5.0m
to dwelling
to dwelling
to dwelling
Minimum
Interior Side Yard
7.5 m
7.5m
7.5m
to agricultural use
to agricultural use
to agricultural use
building( s)lstructure( s)
building( s)lstructure(s)
building(s)lstructure(s)
(1)
(1)
(1)
7.5 m
7.5m
7.5m
to dwelling
to dwelling
to dwelling
5.0 m
5.0m
5.0m
to building(s)/
to building(s)/
to building(s) I
Minimum Exterior
structure(s) accessory
structure(s) accessory
structure(s) accessory
Side Yard
to dwelling
to dwelling
to dwelling
10 m
10 m
10 m
to agricultural use
to agricultural use
to agricultural use
building( s)lstructure( s)
building( s)lstructure(s)
building(s)lstructure(s)
(1)
(1)
(1)
10%
10%
15%
tor dwelling and all
tor dwelling and all
tor dwelling and all
building( s )/ structure(s)
building( s)/structure(s)
building( s )/ structure(s)
accessory to dwelling
accessory to dwelling
accessory to dwelling
Maximum Lot
20%
20%
20%
Coverage
tor agricultural use
tor agricultural use
tor agricultural use
building(s)/structure(s)
building(s)/structure(s)
building(s)/structure(s)
excluding
excluding greenhouses
excluding
greenhouse( s) ( 1 )
(1)
greenhouses ( 1)
30%
30%
30%
for greenhouse( s)
for greenhouse( s)
for greenhouse( s)
11 .0 m
11.0 m
11 .0 m
Maximum Height
for dwelling
for dwelling
for dwelling
15.0 m
15.0 m
15.0 m
9-3
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 9.3 - Lot, Building and Structure Requirements for the Agricultural and
Rural Zones
Requirement
A
AS
RU
tor agricultural use
building( s )/ structure( s)
(1)
Footnotes for Table 9.3:
tor agricultural use
building( s )/ structure(s)
(1)
tor agricultural use
building( s )/ structure(s)
(1)
(1)
Includes building(s)/structure(s) tor an agriculture-related-use, on-farm diversified use,
and accessory building(s) or structure(s) to an agricultural use.
9.4
Accessory Building and Structure to Residential Uses
The following requirements in Table 9.4 shall apply to every accessory building and structure to
a residential use in the A, AS, and RU zone.
Table 9.4 -Accessory Building and Structure to Residential Uses Requirements for
the Agricultural and Rural Zones
Requirement
A,AS,RU
12.0 m, but in no case closer to the street than the front wall of the
Minimum Front Yard
dwelling
Minimum Rear Yard
3.0m
Minimum Interior
3.0 m
Side Yard
Minimum Exterior
5.0m
Side Yard
Maximum Lot
10% including dwelling in the A and AS zone;
Coverage
15% including dwelling in the RU zone
Distance Between
Dwelling and
1.2 m
Accessory Building or
Structure
Maximum Height
4.5m
9-4
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
9-5
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part 10 I Community Zones
10.1
Zone Names and Symbols
Table 10.1 - Community Zones
Zone Name
Zone Symbol
Community Use Zones
i)
Major Institutional
11
ii)
Minor Institutional
12
iii)
Open Space- Parks and Recreation
OS1
iv)
Open Space- Conservation
OS2
10.2
Permitted Uses
No person shall erect, alter, enlarge, reconstruct, locate, or use any building or structure in
whole or in part, nor use any Jot in whole or in part, for any purpose other than one or more of
the following permitted uses denoted by the symbol"-" in the column applicable to that zone
and corresponding with the row in Table 10.2.
Table 10.2 -Permitted Uses in the Community Zones
Use
11
12
0S1
0S2
Arena
-
-
Art gallery
-
-
Beekeeping
- (1)
Cemetery
-
Community centre
-
-
Community garden
-
-
-
Conservation area
- (1)
Conservation use
- (1)
Correctional facility
-
Correctional residential care facility
-
-
Driving range
-
Erosion management
- (1)
Forestry and resource management use
- (1)
Golf course
-
Hospice
-
-
Hospital
-
10-1
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 10.2 -Permitted Uses in the Community Zones
Use
11
Long-term care facility
-
Museum
-
Office
-
Park
Passive recreational trail
Place of assembly/ banquet hall
-
Place of worship
-
Playground
-
Post-secondary institution
-
Private school
-
Public school
-
Public service facilities
-
Recreational trail
Recreational use
Residential emergency shelter
-
Social service establishment
-
Specified Accessory Uses
Accessory buildings and structures
-
Cemetery
-
Dormitory
-
Miniature golf course
Office
-
Parking structure
-
Private club (2)
-
Restaurant (2)
-
Retail Store (2)
-
Temporary tent and/or stage (3)
-
Footnotes for Table 10.2 Permitted Uses:
12
0S1
0S2
-
-
-
-
- (1)
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
(1)
No person shall erect, enlarge, locate or reconstruct any building or structure in whole or
in part in the 0S2 zone.
(2)
Accessory uses specified in Table 10.2 collectively shall not exceed 25% of the first
storey area of the building.
10-2
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
(3)
This use is subject to regulations outlined in Part 3- Generals Regulations-.
10.3
Lot, Building, and Structure Requirements
The following requirements in Table 10.3 shall apply to every lot, building and structure in the
applicable zone:
Table 10.3 - Lot, Building, and Structure Requirements for the Community Zones
Requirement
11
12
OS1
OS2
Minimum Lot Area
10,000.0 m2
650.0 m2
-
-
(1 ha)
Minimum Lot Frontage
20.0 m
15.0 m
-
-
Minimum Front Yard
7.5m
7.5m
7.5m
-
7.5 m or half the
7.5m
height of the
or
Minimum Rear Yard
building,
7.5m
12.0 m when
-
whichever is
abutting a
greater
residential zone
4.5 m or half the
7.5m
Minimum Interior Side
height of the
or
Yard
building,
3.5m
12.0 m when
-
whichever is
abutting a
greater
residential zone
Minimum Exterior Side
7.5m
7.5m
7.5m
Yard
-
Maximum Lot Coverage
40%
40%
30%
-
Minimum Landscape
25% (1)
25% (1)
40% (1)
-
Open Space
Maximum Height
20.0 m
11.0 m
11.0 m
-
Minimum Distance
Half the height of
Half the height
Half the height
between Buildings on a
the building(s)
of the
of the
-
Lot
building(s)
building(s)
Table 10.3 Footnotes:
(1)
Adjacent to a residential use, there shall be a planting/buffer strip abutting the
residential use Jot line. The planting/buffer strip shall be continuous, except
where interrupted by a driveway, and it shall at no point be less than 1.5 m wide
and contain plant materials that form a visual screen.
10-3
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part 11 I Environmental Zones
11.1
Zone Names and Symbols
Table 11.1 - Environmental Zones
Zone Name
Zone
Symbol
Environmental Zones
i)
Environmental Protection 1
EP1
ii)
Environmental Protection 2
EP2
iii)
Environmental Protection 3
EP3
11.2
Permitted Uses
No person shall erect, alter, enlarge, reconstruct, locate, or use any building or structure in
whole or in part, nor use any Jot in whole or in part, for any purpose other than one or more of
the following permitted uses denoted by the symbol "-"in the column applicable to that zone and
corresponding with the row in Table 11.2.
Table 11.2 - Permitted Uses in the Environmental Zones
Use
EP1 (7)
EP2 (7)
EP3 (8)
Agricultural-related use
-
Agricultural use (1)
-
Beekeeping
-
-
-
Conservation area
-
Conservation use
-
-
-
Existing use (2)
-
-
-
Fish habitat
-
-
-
Fish and wildlife management use
-
-
-
Flood control
-
-
-
Forestry and resource management
-
-
-
use
11-1
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Table 11.2 - Permitted Uses in the Environmental Zones
Use
EP1 (7)
Infrastructure (3)
-
Mineral aggregate operation (4)
-
Municipal drain (3)
-
Natural hazard lands
-
Natural heritage features and areas
-
On-farm diversified use (5)
Passive recreational trail
-
Single detached dwelling (6)
Specific wildlife habitats of concern
-
Wildlife habitat areas
-
Specified Accessory Uses
Bed and breakfast (5)
Farm produce stand (5)
Home occupation (5)
Second dwelling unit (5)
Short term accommodation rental
Footnotes for Table 11.2 Permitted Uses:
EP2 (7)
EP3 (8)
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
(1)
This use is subject to regulations outlined in Part 9- Agricultural and Rural Zones.
(2)
EP1 zone
11-2
Existing uses may not be physically expanded or enlarged in the EP1 zone.
EP2 zone
Existing uses may be expanded or enlarged in the EP2 zone if there will be no negative
impact on the natural heritage feature(s) or its ecological function. An Environmental
Impact Study (EIS) may be required to be prepared in accordance with Policy CS of the
City's Official Plan.
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
EP3 zone
Where expansions or alterations to existing buildings or structures are proposed in the
EP3 zone, the proponent must demonstrate through an application for an expansion to a
legal non-conforming use, that there is no reasonable alternative, that negative impacts
on the natural feature and ecological functions have been minimized, and the expansion
is directed away from the feature as much as possible.
Existing uses may not expand in a Provincially Significant Wetland (PSW) or Life
Science Area of Natural and Scientific Interest (ANSI), or the habitat of endangered
species and threatened species in the EP3 zone.
Where development is proposed, the City's Official Plan Policy 83.4.4.3 must be
followed.
Any expansion of an existing legal building or structure in the EP3 zone will require an
application to the Committee of Adjustment to expand a legal non-conforming use. An
Environmental Impact Study (EIS) may be required.
(3)
New or expanding infrastructure is not permitted in the EP1 or EP2 zone, unless
constructed by a public authority or agency through an Environmental Assessment
process. Municipal drains may be established within the EP1 or EP2 zone as per the
Ontario Drainage Act, R.S.O. 1990, as amended.
(4)
Mineral aggregate operations may be permitted subject to proposals meeting the
applicable City's Official Plan policy: Policy 83.2.3 d) (applicable for EP1 zone land),
Policy 83.3.4.8 (applicable for EP2 zone land), or Policy 83.4.3.1 d) (applicable for EP3
zone land).
(5)
This use is subject to regulations outlined in Part 3- Generals Regulations.
(6)
A single detached dwelling and accessory uses shall be permitted on land within the
EP2 or EP3 zone provided the lot was zoned to permit a single detached dwelling on
December 16, 2004, the date the Greenbelt Plan (2005), as amended, came into effect,
and provided a permit has been issued by the Niagara Peninsula Conservation Authority
(NPCA), in accordance with Ontario Regulation 155/06, as amended, if a permit is
required.
A second dwelling unit is permitted as an accessory dwelling unit to a legally established
single detached dwelling on land within the EP2 or EP3 zone and is subject to the
regulations outlined in Part 3- Generals Regulations.
(7)
Where development or site alteration is proposed on EP1 or EP2 zone lands, an
Environmental Impact Study (EIS) shall be prepared, subject to the review and approval
of the appropriate agency.
11-3
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Development and site alteration shall not be permitted in the habitat of endangered
species and threatened species, except in accordance with Provincial and Federal
requirements.
A Tree Preservation Plan may be required to be prepared in accordance with the
Niagara Region Tree and Conservation By-law.
The City's Official Plan Policies B3.2.4.1 (applicable for EP1 zone lands) and B3.3.4.1
(applicable for EP2 zone lands) apply for proposed development or site alteration on
EP1 or EP2 zone lands.
(8)
No new development or site alteration shall be permitted within EP3 zone lands
including any associated vegetation protection zone (minimum 30.0 m width); except
new agricultural buildings and structures, agriculture-related buildings and structures or
on-farm diversified uses are permitted in the adjacent lands to a feature in the EP3 zone
provided such buildings or structures maintain a minimum 30.0 m vegetation protection
zone (minimum 30.0 m width).
The City's Official Plan Policy B3.4.4.1 (applicable for EP3 zone lands) applies for
proposed development or site alteration on EP3 zone lands.
(9)
Refer to Part 14- Area Specific Regulations Section 14 . .J.§ Natural Heritage Feature
Buffer Area for regulations regarding adjacent lands to the EP1 , EP2, or EP3 zones.
11.3
Lot, Building, and Structure Requirements
The following requirements shall apply to every Jot, building and structure in the applicable zone:
(1)
The requirements outlined in Table 11.2 footnote 7 will provide the regulations for
development or site alteration, if permitted.
(2)
The requirements outlined in Table 11.2 footnote 8 will provide the regulations for
development or site alteration, if permitted.
11-4
Part 12 I Other Zones
12.1
Zone Names and Symbols
Table 12.1 - Other Zones
Zone Name
Other Zones
i)
Future Development
ii)
Utility
12.2
Permitted Uses
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Zone
Symbol
FD
u
No person shall erect, alter, enlarge, reconstruct, locate, or use any building or structure in
whole or in part, nor use any Jot in whole or in part, for any purpose other than one or more of
the following permitted uses denoted by the symbol "-"in the column applicable to that zone and
corresponding with the row in Table 12.2.
Table 12.2 -Permitted Uses in the Other Zones
Use
FD
u
Agricultural use, including existing buildings and
- (1)
structures (2)
Existing single detached dwelling (2)
- (1)
Existing use
- (1)
Flood control
-
Home occupation
- (1)
Infrastructure
-
Municipal drain
-
Pipeline
-
Power generation facility
-
Public utility
-
Railway lines
-
Stormwater management
-
Utility building
-
Utility corridor
-
12-1
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Footnotes for Table 12.2 Permitted Uses:
(1)
Only legally existing uses, buildings and structures are permitted in the FD zone.
(2)
Only legally existing buildings and structures in the FD zone may be repaired or
renovated provided that the repairs or renovations does not further increase the extent
or degree of non-conformity.
12.3
Lot, Building, and Structure Requirements
12.3.1 The following requirements in Table 12.3 shall apply to every Jot, building and structure
in the applicable zone:
Table 12.3 - Lot, Building, and Structure Requirements for the Other Zones
Requirement
FD
u
Minimum Lot Area
As legally existing
-
Minimum Lot Frontage
As legally existing
-
Minimum Front Yard
As legally existing
-
Minimum Rear Yard
As legally existing
-
Minimum Interior Side Yard
As legally existing
-
Minimum Exterior Side Yard
As legally existing
-
Maximum Lot Coverage
As legally existing
-
Maximum Height
As legally existing
-
12-2
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part 13 I Site Specific Exceptions, Holding (H)
Provisions, and Temporary Uses
13.1
Site Specific Exceptions
Where site specific exceptions are established for certain Jots, the applicable
regulations of the site specific exceptions apply in addition to, or as an exception to,
the normal zone regulations that apply to the subject lands.
Where a zone symbol shown on Schedule "A" (e.g. R1A) is followed by a dash(-) and
a number (e.g., -1), this indicates that site specific regulations apply to the subject
Jot(s). The number after the dash corresponds with the site specific regulation number.
All other regulations of this By-law, not mentioned in this section shall continue to
apply.
13.2
Holding (H) Provisions
The use of the holding (H) symbol, in conjunction with any use designation, specifies
the use to which lands, buildings or structures may be put at such time in the future as
the holding (H) symbol is removed by amendment to this By-law passed under Section
36 of the Planning Act, R. S. 0. 1990, as amended.
13.3
Temporary Uses
Temporary use of land, buildings or structures for any purpose set out that is otherwise
prohibited by this By-law may be authorized by a by-law passed under Section 39 of
the Planning Act, R. S. 0 . 1990, as amended.
13- 1
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
13.1
List of Site Specific Exceptions
Site Specific
Exception
1
For Phases 1-11 :
R18-1
Location
Rolling Meadows
Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R1 B zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard:
Minimum Exterior Side Yard:
Maximum Width of a Private Garage
3.0 m to dwelling
3.0 m to dwelling; not applicable to attached
private garage or carport
Attached to the Main Building:
not applicable
Table 6.3.a (1) footnote is not applicable.
Site Specific
.
E
t.
Zone
Location
By-law
xcep1on
2
For Phase 12:
R18-2 (H)
Rolling Meadows
Draft Plan of
Subdivision
The subject lands are subject to the regulations of the R1 B zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard:
3.0 m to dwelling
Minimum Exterior Side Yard:
3.0 m to dwelling; not applicable to attached
private garage or carport
Maximum Width of a Private Garage
Attached to the Main Building:
not applicable
Table 6.3.a (1) footnote is not applicable.
The lands identified as R18-2 (H) zone on Schedule "A", attached hereto, shall not be used,
nor any building or structure used, altered or erected until the holding (H) symbol is removed,
pursuant to the provisions of the Planning Act, R. S. 0. 1990, as amended, providing that all
servicing matters have been resolved to the satisfaction of the City of Thorold.
13- 2
Site Specific
Exception
For Phases 1-11 :
R1C-3
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Location
Rolling Meadows
Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R1 C zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard:
3. 0 m to dwelling
Minimum Exterior Side Yard:
3.0 m to dwelling; not applicable to attached private
garage or carport
Maximum Width of a Private Garage
Attached to the Main Building:
not applicable
Table 6.3.a (1) footnote is not applicable.
SEite Spet~ific
Zone
Location
By-law
xcep1on
4
For Phase 12:
R1C-4 (H)
Rolling Meadows
Draft Plan of
Subdivision
The subject lands are subject to the regulations of the R1 C zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard:
Minimum Exterior Side Yard:
Maximum Width of a Private Garage
3.0 m to dwelling
3.0 m; not applicable to attached private garage or
carport
Attached to the Main Building:
not applicable
Table 6.3.a (1) footnote is not applicable.
The lands identified as R1C-4 (H) zone on Schedule "A", attached hereto, shall not be used,
nor any building or structure used, altered or erected until the holding (H) symbol is removed,
pursuant to the provisions of the Planning Act, R. S. 0. 1990, as amended, providing that all
servicing matters have been resolved to the satisfaction of the City of Thorold.
13- 3
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Site Specific
Exception
5
For Phases 1 -11 :
R1C-5
Location
Rolling Meadows
Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R1 C zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Lot Frontage:
Minimum Front Yard:
Minimum Exterior Side Yard:
Maximum Width of a Private Garage
10.5 m
3. 0 m to dwelling
3.0 m to dwelling; not applicable to attached
private garage or carport
Attached to the Main Building:
not applicable
Table 6.3.a (1) footnote is not applicable.
Site Specific
.
E
t.
Zone
Location
By-law
xcep1on
6
For Phase 12:
R1C-6 (H)
Rolling Meadows
Draft Plan of
Subdivision
The subject lands are subject to the regulations of the R1 C zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Lot Frontage:
Minimum Front Yard:
Minimum Exterior Side Yard:
Maximum Width of a Private Garage
10.5 m
3.0 m to dwelling
3.0 m to dwelling; not applicable to attached private
garage or carport
Attached to the Main Building:
not applicable
Table 6.3.a (1) footnote is not applicable.
The lands identified as R1C-6 (H) zone on Schedule "A", attached hereto, shall not be used,
nor any building or structure used, altered or erected until the holding (H) symbol is removed,
pursuant to the provisions of the Planning Act, R. S. 0. 1990,. as amended, providing that all
servicing matters have been resolved to the satisfaction of the City of Thorold.
13- 4
For Phases 13 and beyond:
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
The subject lands are subject to the regulations of the R1 C zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Lot Frontage:
10.5 m
The lands identified as R1C-6 (H) zone on Schedule "A", attached hereto, shall not be used,
nor any building or structure used, altered or erected until the holding (H) symbol is removed,
pursuant to the provisions of the Planning Act, R. S. 0. 1990._ as amended, providing that all
servicing and the protection of aggregate resource matters have been resolved to the
satisfaction of the City of Thorold.
Site Specific
.
E
t.
Zone
Location
By-law
xcep1on
7
R1C-7 (H)
Decew Terrace
Draft Plan of
Subdivision
The subject lands are subject to the regulations of the R1 C zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard:
Minimum Exterior Side Yard:
Maximum Width of a Private Garage
Attached to the Main Building:
Maximum Encroachment for a Porch or Deck:
Front Yard:
Rear Yard:
Exterior Side Yard:
6.0m
not applicable to attached private garage or
carport
not applicable
2.0m
2.5 m
1.5 m
No fence, wall, hedge or other plantings shall be greater than 0.6 m in height within the
effective 18.0 m road allowance to maintain adequate sightlines around corners and for the
roadway.
That pursuant to Section 36(1) of the Planning Act, R.S.0.1990, as amended, the holding (H)
symbol shall be removed upon: Archaeological Clearance(s) from the Ministry of Tourism,
Culture and Sport (MTCS) for Lot 1, Lot 2, and a portion of Lot 3, with a copy provided to the
City; a Record of Site Condition being deposited with the Ministry of Environment and Climate
ChanQe's (MOECC) Brownfields Environmental Site ReQistrv, with a copy provided to the
13- 5
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
City; and, the approval by the Council of the City of Thorold of a subdivision agreement for all
of the lands.
Site Specific
.
Exception
Zone
Location
By-law
8
R1C-8 (H)
Decew Terrace
Draft Plan of
Subdivision
The subject lands are subject to the regulations of the R1 C zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard:
Minimum Interior Side Yard:
Maximum Width of a Private Garage
Attached to the Main Building:
6.0m
1.2 m north lot line; 8.0 m south lot line
not applicable
Maximum Encroachment for a Porch or Deck:
Front Yard:
Rear Yard:
2.0m
2.5m
No fence, wall, hedge or other plantings shall be greater than 0.6 m in height within the
effective 18.0 m road allowance to maintain adequate sightlines around corners and for the
roadway.
That pursuant to Section 36(1) of the Planning Act, R.S.0.1990,_ as amended, the holding
(H) symbol shall be removed upon: Archaeological Clearance(s) from the Ministry of
Tourism, Culture and Sport (MTCS) for Lot 1, Lot 2, and a portion of Lot 3, with a copy
provided to the City; a Record of Site Condition being deposited with the Ministry of
Environment and Climate Change's (MOECC) Brownfields Environmental Site Registry, with
a copy provided to the City; and, the approval by the Council of the City of Thorold of a
subdivision agreement for all of the lands.
SEite Spet~ific
Zone
Location
By-law
xcep1on
9
R1C-9(H)
Decew Terrace
Draft Plan of
Subdivision
The subject lands are subject to the regulations of the R1 C zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard:
Minimum Rear Yard:
13- 6
6.0m
12.0 m
Minimum Interior Side Yard:
Maximum Width of a Private Garage
Attached to the Main Building:
Maximum Encroachment for a Porch:
Front Yard:
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
3.0 m west lot line; 1.2 m east lot line
not applicable
2.0 m
No fence, wall, hedge or other plantings shall be greater than 0.6 m in height within the
effective 18.0 m road allowance to maintain adequate sightlines around corners and for the
roadway.
That pursuant to Section 36(1) of the Planning Act, R.S.0.1990, as amended, the holding (H)
symbol shall be removed upon: Archaeological Clearance(s) from the Ministry of Tourism,
Culture and Sport (MTCS) for Lot 1, Lot 2, and a portion of Lot 3, with a copy provided to the
City; a Record of Site Condition being deposited with the Ministry of Environment and
Climate Change's (MOECC) Brownfields Environmental Site Registry, with a copy provided
to the City; and, the approval by the Council of the City of Thorold of a subdivision agreement
for all of the lands.
Site Specific
Exception
10
R1C-10
Location
West Community
Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R1 C zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Lot Frontage:
11.0 m
Minimum Front Yard:
3.5 m to dwelling
Minimum Exterior Side Yard:
3. 0 m to dwelling; not applicable to attached private
garage or carport
Maximum Lot Coverage:
50%
Maximum Width of a Private Garage
Attached to the Main Building:
not applicable
Table 6.3.a (1) footnote is not applicable.
Maximum Encroachment for a Porch:
Exterior Side Yard:
1.8 m
13- 7
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Site Specific
.
Exception
Zone
Location
By-law
11
R1C-11 (H)
West Community
Draft Plan of
Subdivision
The subject lands are subject to the regulations of the R1 C zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Lot Frontage:
11 .0 m
The lands identified as R1 C-11 (H) zone on Schedule "A", attached hereto, shall not be used,
nor any building or structure used, altered or erected until the holding symbol (H) is removed,
pursuant to the provisions of the Planning Act, R. S. 0 1990, as amended, providing that a
subdivision agreement has been executed.
Site Specific
.
E
t.
Zone
Location
By-law
xcepIon
12
R1D-12
Artisan Ridge
Phase 1 Plan of
Subdivision
The subject lands are subject to the regulations of the R1 D zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Exterior Side Yard:
3.0 m to dwelling; not applicable to attached
private garage or carport
Maximum Width of a Private Garage
Attached to the Main Building:
not applicable
Minimum Setback of Attached Garage
from front face of Dwelling:
1 . 0 m
Table 6.3.a (1) footnote is not applicable.
Maximum Encroachment for a Porch:
Rear Yard:
Exterior Side Yard:
13- 8
2.4 m
1.8 m
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Site Specific
Exception
R1D-13
Location
Hansler Heights
Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R1 D zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Rear Yard:
6.0 m
Minimum Exterior Side Yard:
3.0 m to dwelling; not applicable to attached
private garage or carport
Maximum Lot Coverage:
55%
Maximum Width of a Private Garage
Attached to the Main Building:
not applicable
Table 6.3.a (1) footnote is not applicable.
Maximum Encroachment for a Porch:
Front Yard:
Exterior Side Yard:
Site Specific
Exception
R1 D-14
1.5 m
1.8 m
Location
Merritt Meadows
Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R1 D zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Exterior Side Yard:
3.0 m to dwelling; not applicable to attached
private garage or carport
Maximum Lot Coverage:
50%
Maximum Width of a Private Garage
Attached to the Main Building:
not applicable
Table 6.3.a (1) footnote is not applicable.
Maximum Encroachment for a Porch:
Rear Yard:
Exterior Side Yard:
3.66m
1.8 m
13- 9
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Site Specific
.
E
t.
Zone
Location
By-law
xcep1on
15
R1D-15
Port Robinson
Estates Phase 1
Plan of Subdivision
The subject lands are subject to the regulations of the R1 D zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Rear Yard:
Minimum Interior Side Yard:
Minimum Exterior Side Yard:
Maximum Lot Coverage:
Maximum Width of a Private Garage
Attached to the Main Building:
Table 6.3.a (1) footnote is not applicable.
Maximum Encroachment for a Porch:
Front Yard:
Rear Yard:
Exterior Side Yard:
Site Specific
Exception
16
R3A-16
7.0m
1.2 m for one interior side yard; 0.6 m on other
interior side yard
3.0 m to dwelling; not applicable to attached private
garage or carport
not applicable
not applicable
1.5 m
2.4 m
1.8 m
Location
Merritt Meadows
Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R3A zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Rear Yard:
Minimum Interior Side Yard:
Minimum Exterior Side Yard:
Maximum Lot Coverage:
Maximum Width of a Private Garage
Attached to the Main Building:
Table 6.3.b (1) footnote is not applicable.
13- 10
6.0m
1.0 m
not applicable to attached private garage or
carport
one storey street townhouse 60%; two storey
street townhouse 50%
not applicable
Maximum Encroachment for a Porch:
Rear Yard:
Exterior Side Yard:
Site Specific
Exception
17
R3A-17
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
3.66 m
1.8 m
Location
Artisan Ridge Phase
1 Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R3A zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Rear Yard:
Minimum Exterior Side Yard:
Maximum Lot Coverage: 50 %;
Maximum Width of a Private Garage
Attached to the Main Building:
Minimum Setback of Attached
6.0m
3.0 m
maximum Jot coverage may be increased to
55% where the area of increase is used for
porches
not applicable
Garage from front face of Dwelling:
1.0 m
Table 6.3.b (1) footnote is not applicable.
Maximum Encroachment for a Porch:
Rear Yard:
Exterior Side Yard:
Site Specific
Exception
18
R3A-18
2.4 m
1.8 m
Location
Hansler Heights Plan
of Subdivision
By-law
The subject lands are subject to the regulations of the R3A zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Rear Yard:
Minimum Exterior Side Yard:
6.0 m to dwelling; not applicable to attached
private garage or carport
3.0 m to dwelling; not applicable to attached
private garage or carport
13- 11
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Maximum Lot Coverage:
60%
Maximum Width of a Private Garage
Attached to the Main Building:
not applicable
Table 6.3.b (1) footnote is not applicable.
Maximum Encroachment for a Porch:
Front Yard:
Exterior Side Yard:
Site Specific
Exception
R3A-19 (H)
1.5 m
1.8 m
Location
Decew Terrace Draft
Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R3A zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard:
Minimum Rear Yard:
Minimum Exterior Side Yard:
Maximum Lot Coverage:
Maximum Width of a Private Garage
Attached to the Main Building:
Maximum Encroachment for a Porch:
Front Yard:
Rear Yard:
Exterior Side Yard:
6.0m
6.0m
3.0 m; not applicable to attached private garage or
carport
45%
not applicable
2.0 m
2.5m
1.5 m
No fence, wall, hedge or other plantings shall be: greater than 0.6 m in height within the
effective 18.0 m road allowance to maintain adequate sightlines around corners and for the
roadway.
That pursuant to Section 36(1) of the Planning Act, R.S.O.1990, as amended, the holding (H)
symbol shall be removed upon: a Record of Site Condition being deposited with the Ministry
of Environment and Climate Change's (MOECC) Brownfields Environmental Site Registry,
with a copy provided to the City; and, the approval by the Council of the City of Thorold of a
subdivision agreement for all of the lands.
13- 12
Site Specific
Exception
For Phases 1-11:
R3A-20
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Location
Rolling Meadows
Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R3A zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard:
Minimum Rear Yard:
Minimum Exterior Side Yard:
Maximum Lot Coverage:
Maximum Width of a Private Garage
Attached to the Main Building:
Maximum Number of Attached
Dwelling Units:
Table 6.3.b (1) footnote is not applicable.
3.0 m to dwelling
6.0m
3.0 m to dwelling; no requirement to attached
private garage or carport
50%
not applicable
8 attached units for Phases 1-5 inclusive only
Site Specific
.
E
t.
Zone
Location
By-law
xcepIon
21
For Phase12:
R3A-21 (H)
Rolling Meadows
Draft Plan of
Subdivision
The subject lands are subject to the regulations of the R3A zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard:
Minimum Rear Yard:
Minimum Exterior Side Yard:
Maximum Lot Coverage:
Maximum Width of a Private Garage
Attached to the Main Building:
Table 6.3.b (1) footnote is not applicable.
3.0 m to dwelling
6.0m
3.0 m to dwelling; no requirement to attached
private garage or carport
50%
not applicable
13- 13
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
The lands identified as R3A-21 (H) zone on Schedule "A", attached hereto, shall not be used,
nor any building or structure used, altered or erected until the holding symbol (H) is removed,
pursuant to the provisions of the Planning Act, R. S. 0. 1990, as amended, providing that all
servicing matters have been resolved to the satisfaction of the City of Thorold.
Site Specific
Exception
22
R3A-22
Location
25 and 25 1/2
Metcalfe Street
By-law
The subject lands are subject to the regulations of the R3A zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Lot Frontage:
Minimum Landscape Open Space:
Minimum Planting/Buffer Strip:
Site Specific
Exception
For Phase 7:
R3B-23
6.0 m per interior unit and 7 m per end
unit
not applicable
1.2 m where abutting R1A, R1B, R1C,
R1 D, R2A and R2B zones.
Location
West Community
Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R3B zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard:
Minimum Exterior Side Yard:
Minimum Interior Side Yard:
Minimum Landscape Open Space:
Maximum Lot Coverage:
Maximum Width of a Private Garage
Attached to the Main Building:
Maximum Encroachment for a Porch:
Exterior Side Yard:
13- 14
3.5 m to dwelling
3.0 m to dwelling; not applicable to attached
private garage or carport
0.9 m to dwelling
not applicable
50%
not applicable
1.8 m
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Site Specific
.
Exception
Zone
Location
By-law
24
R3B-24
Port Robinson
Estates Phase 1
Plan of Subdivision
The subject lands are subject to the regulations of the R3B zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Rear Yard:
Minimum Interior Side Yard:
Minimum Exterior Side Yard:
Maximum Lot Coverage:
Maximum Width of a Private Garage
Attached to the Main Building:
Table 6.3.b (1) footnote is not applicable.
Maximum Encroachment for a Porch:
Front Yard:
Rear Yard:
Exterior Side Yard:
Site Specific
Exception
25
R3D-25 (H)
6.0m
1.0 m
3.0 m to dwelling; no requirement to
attached private garage or carport
not applicable
not applicable
1.5 m
2.4 m
1.8 m
Location
Decew Terrace Draft
Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R3D zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Interior Side Yard:
Maximum Lot Coverage:
Minimum Landscape Open Space:
Maximum Height:
Maximum Width of a Private Garage
Attached to the Main Building:
Minimum Distance from Private Street
or Condominium Roadway:
5.0 m for lot lines adjacent to cemetery
not applicable
25%
6.0m
not applicable
3.0 m to dwelling
13- 15
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Maximum Encroachment for a Porch
Rear Yard:
2.5 m
No fence, wall, hedge or other plantings shall be: greater than 0.6 m in height within the
effective 18.0 m road allowance to maintain adequate sightlines around corners and for the
roadway.
That pursuant to Section 36(1) of the Planning Act, R.S.O.1990, as amended, the holding (H)
symbol shall be removed upon: a Record of Site Condition being deposited with the Ministry
of Environment and Climate Change's (MOECC) Brownfields Environmental Site Registry,
with a copy provided to the City; and, the approval by the Council of the City of Thorold of a
subdivision agreement for all of the lands.
Site Specific
Exception
26
R3D-26 (H)
Location
Decew Terrace Draft
Plan of Subdivision
By-law
The subject lands are subject to the regulations of the R3D zone, and all other regulations of
this By-law, and with the following site specific regulations:
Maximum Lot Coverage:
Minimum Landscape Open Space:
Maximum Width of a Private Garage
Attached to the Main Building:
Minimum Distance from Private Street
or Condominium Roadway:
Maximum Encroachment for a Porch:
Rear Yard:
not applicable
25%
not applicable
3.0 m to dwelling
2.5m
No fence, wall, hedge or other plantings shall be: greater than 0.6 m in height within the
effective 18.0 m road allowance to maintain adequate sightlines around corners and for the
roadway.
That pursuant to Section 36(1) of the Planning Act, R.S.0.1990,_as amended, the holding (H)
symbol shall be removed upon: a Record of Site Condition being deposited with the Ministry
of Environment and Climate Change's (MOECC) Brownfields Environmental Site Registry,
with a copy provided to the City; and, the approval by the Council of the City of Thorold of a
subdivision agreement for all of the lands.
13- 16
Site Specific
Exception
27
R3D-27 (H)
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Location
By-law
of Condominium
34-2018
The subject lands are subject to the regulations of the R3D zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Interior Side Yard
Minimum Rear Yard
Minimum Landscape Open Space
Maximum Width of a Private Garage
Attached to the Main Building
Maximum Encroachment for a Porch:
Rear Yard:
1. 2 m to dwelling side wall
0.9 m abutting OS2 zone only
30%
not applicable
3. 0 m; except for those porches that abut the
OS2 zone, a porch may project from the
condominium unit up to a maximum of 3.0 m
and no closer than 0.6 m to the OS2 zone.
The lands identified as R3D-29 (H) zone on Schedule "A", attached hereto, shall not be used,
nor any building or structure used, altered or erected until the holding (H) symbol is removed,
pursuant to the provisions of the Planning Act, R. S. 0. 1990, as amended, providing that all
servicing, site plan and final approvals of the plan of condominium have been resolved to the
satisfaction of the City of Thorold.
Site Specific
Exception
28
R4A-28
Location
7 Ormond Street
North
By-law
The subject lands are subject to the regulations of the R4A zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Lot Frontage:
Minimum Front Yard:
Minimum Rear Yard:
Minimum Interior Side Yard:
Minimum Exterior Side Yard:
Density per Hectare:
20.0m
2.0m
1.0 m
0.0 m abutting a commercial zone;
3.0 m abutting a residential zone
4.5m
not applicable
13- 17
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Minimum Amenity Area:
Minimum Driveway Width:
Minimum Parking Aisle Width:
Site Specific
Exception
R4B-29
not applicable
shall be 3.0 m if the driveway is one-
way traffic and 6.0 m if the driveway
is two-way traffic
6.0m
Location
23A St. David Street
East
By-law
The subject lands are subject to the regulations of the R4B zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Lot Frontage:
Minimum Rear Yard:
Minimum Interior Side Yard:
Minimum Exterior Side Yard:
Maximum Height:
Density per Hectare:
Minimum Amenity Area:
Minimum Driveway Width:
Minimum Parking Aisle Width:
4.8m
5.0 m
6.5m
3.0m
16.8 m
not applicable
not applicable
shall be 3.0 m if the driveway is one-
way traffic and 6.0 m if the driveway
is two-way traffic
6.0m
Site Specific
.
Exception
Zone
Location
By-law
30
OS1-30
2250 Merrittville
Highway
(Pleasantview
Memorial Gardens
Cemetery)
The subject lands are subject to the regulations of the 0S1 zone, and all other regulations of
this By-law, and with the following site specific regulations:
A funeral establishment is a permitted use.
Minimum Front Yard:
7.5m
13- 18
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Minimum Rear Yard:
Minimum Interior Side Yard:
Minimum Exterior Side Yard:
Maximum Height:
Maximum Gross Floor Area:
Site Specific
Exception
31
M1-31
7.5 m
7.5 m
7.5m
11.0 m
1,800.0 m2
Location
-
Parkwa
By-law
The subject lands are subject to the regulations of the M1 zone, and all other regulations of
this By-law, and with the following site specific regulations:
The lands may be used for a clinic with an accessory pharmacy use.
Site Specific
.
E
t.
Zone
Location
By-law
xcep1on
32
R4B-32 (H)
Formerly part of
1522 Beaverdams
Road
(Thorold Non-Profit)
The subject lands are subject to the regulations of the R4B zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard
Minimum Rear Yard
Minimum Exterior Side Yard
Maximum Height
Density per Hectare
6.0m
7.5m
6.0m
32.2 m
113 units
The lands identified as R4B-32 (H) zone on Schedule "A", attached hereto, shall not be used,
nor any building or structure used, altered or erected until the holding (H) symbol is removed,
pursuant to the provisions of the Planning Act, R. S. 0. 1990, as amended, providing that a
Record of Site Condition is granted, a comprehensive servicing and stormwater management
plan are approved and all servicing matters have been resolved to the satisfaction of the City
of Thorold.
13- 19
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Maximum Density per Hectare
Minimum Interior Side Yard Setback of Building to
maximum 120 units
northerly adjacent property line (private club parking lot) 7.0 m
Loading Space
Setback of underground parking to street line
Maximum Hei ht
1 required
a.om
7 store S/25 m
Site Specific
.
E
t.
Zone
Location
By-law
xcep 10n
34
RID-34 (H)
Rolling Meadows
Draft Plan of
Subdivision
For Phase 12:
The subject lands are subject to the regulations of the R1 D zone, and all other regulations of
this By-law, and with the following site specific regulations:
Minimum Front Yard:
Minimum Exterior Side Yard:
Maximum Width of a Private Garage
3. 0 m to dwelling
3.0 m; not applicable to attached private garage or
carport
Attached to the Main Building:
not applicable
Table 6.3.a (1) footnote is not applicable.
The lands identified as R1 D-34 (H) zone on Schedule "A", attached hereto, shall not be used,
nor any building or structure used, altered or erected until the holding (H) symbol is removed,
pursuant to the provisions of the Planning Act, R. S. 0. 1990, as amended, providing that all
servicing matters have been resolved to the satisfaction of the City of Thorold.
13- 20
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Site specific exception #'s 35 to
41 are being saved for when
the Zoning Bylaw 60(2019) is
consolidated
Site Specific
.
Exception
Zone
Location
By-law
22 Cunningham
42
R4A-42
Street, 10 Lyndon
LPAT Decision
Street West and 12
Case #PL 190511
Lyndon Street West
Notwithstanding the definitions of "Landscape Open Space" and "Planting/Buffer Strip" in Part
2 "Definitions", a curb associated with a parking area may be located within the required
planting/buffer strip adjacent to the north interior side lot line.
Notwithstanding the regulations of Part 3 "General Regulations", Sections 3.18, 3.22, and
3.26, the following regulations shall apply:
Minimum setback from a
Principal Branch Line or Spur
Line to a building or structure
containing a dwelling
Minimum site triangle
dimensions
Maximum encroachment or
projection into an exterior side
yard for: uncovered stairs or
ramps to the first storey of a
building; exterior landings; and
platform structures
Not applicable
4.5 m by4.5 m
Not applicable
Notwithstanding the regulations of Part 4 "Parking and Loading Requirements", Sections
4.4.2 and 4.4.3, the following regulations shall apply:
Minimum two-way
6.1 m
ingress/egress driveway width
Minimum parking aisle width
6.1 m
Notwithstanding the regulations of Part 6 "Residential Zones", Section 6.3 "Lot, Building and
Structure Requirements", Table 6.3.c "Lot, Building, and Structure Requirements for
Apartment Building and Long Term Care Facility", the following regulations shall apply:
Minimum front yard
2.4 m
13- 21
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Minimum rear yard
Minimum exterior side yard
Minimum planting/buffer strip
Minimum yard requirement
between buildings
Minimum amenity area
2.4 m
2.4 m
1.5 m where abutting R1A,
R1B, R1C, R1D, R2A and
R2B zones
2.4
Not applicable
Site Specific
.
E
t.
Zone
Location
By-law
xcep1on
43
M3-43
3530 Schmon
Parkway
LPAT Decision
Case #PL 180667
In addition to the permitted uses within the M3 Zone a dormitory with ancillary office and/or
commercial uses is permitted subject to the following provisions:
Minimum gross floor
area for ancillary
commercial and/ or
office type uses(% of
total gross residential
floor area)
3% or 507 m2 whichever is more
Notwithstanding the parking requirements of Section 4.1 the following parking
regulations shall apply:
Dormitory
Visitor
Commercial and office uses
0.24 spaces per bed
0.05 spaces
3.43 spaces per 92m2
A maximum of 50% of the required parking spaces may be provided off site on the
adjacent lot legally described as Plan 59M131 Part Lots 1 and 2 for which an
easement for parking is registered.
Notwithstanding the definition of Dormitory under Part 2, the following definition shall
apply:
13- 22
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Dormitory: means a building or part therefor used for the housing of people with
independent bedrooms, independent or shared washroom facilities, with central
kitchen and dining facilities and common indoor and outdoor amenity areas.
13- 23
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
13.2 List of Holding (H) Provisions
Zone(s)
Location
By-law
Provision
RIB (H),
Rolling Meadows
The lands identified as R1 B (H), RIC
RIC (H),
Draft Plan of
(H), R3A (H), R3D (H), OS1 (H), OS2
R3A (H),
Subdivision
(H), U (H), 11 (H) zone in the Rolling
R3D (H),
Meadows Draft Plan of Subdivision
OS1 (H),
Phases 13 and
on Schedule "A", attached hereto,
OS2 (H),
Beyond
shall not be used, nor any building or
U (H),
structure used, altered or erected
11 (H)
until the holding (H) symbol is
removed, pursuant to the provisions
of the Planning Act, R. S. 0. 1990., as
amended, providing that all servicing,
and the protection of aggregate
resource matters (refer to Schedule
A-3 in the Official Plan) have been
resolved to the satisfaction of the
Citv of Thorold.
R1 D (H)
Proposed Artisan
The lands identified as R1 D (H) and
R3A (H)
Ridge Phase 2
R3A (H) zone in the proposed
Draft Plan of
Artisan Ridge Phase 2 Draft Plan of
Subdivision
Subdivision on Schedule "A"
attached hereto, shall not be used,
nor any building or structure used,
altered or erected until the holding
(H) symbol is removed, pursuant to
the provisions of the Planning Act,
R.S.O.1990, as amended, providing
that access to the lands is obtained
from Trillium Railway.
R2B (H),
West Community
The lands identified as R2B (H) and
OS1 (H)
Draft Plan
OS 1 (H) zone in the West
Community Draft Plan, on Schedule
"A", attached hereto, shall not be
used, nor any building or structure
used, altered or erected until the
holding (H) symbol is removed,
pursuant to the provisions of the
Planning Act, R. S. 0 . 1990, as
amended, providing that a
subdivision agreement has been
executed.
13- 24
13.3 List of Temporary Uses
ne s
Location
By-law
Kottmeier Road
(Port Robinson
Estates Phase 1
C6
Subdivision)
121-2016
PLAN 59M454 BLK
416
2711 Thorold
Townline Rd (Roll
FD/EP2
Number
29-2017
273100002433700)
Part Two Lt 66
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Expires
Temporary Use
Temporary use of lands for
Oct. 4
Sales Centre Complex on the
2019
south-east corner of the overall
property.
May 20,
Temporary use of lands for a
Paintball Facility and a
2020
Recreational Sports Field.
13- 25
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
Part 14 I Area Specific Regulations
14.1
Area Specific Names
Table 14.1 -Area Specific Names
Area Specific Names
i)
Source Water Protection Area
ii)
Solid Waste Disposal Assessment Area
iii)
Greenbelt Natural Heritage Area
iv)
Natural Heritage Feature Buffer Area
14.2
Source Water Protection Area
a) Notwithstanding any other regulations of this By-law, within the Intake Protection Zone 1
(IPZ-1) shown as a Source Water Protection Area on Schedule "A" of this By-law, the
Region's Risk Management Official must provide written approval to the City prior to the
issuance of a Building Permit.
b) Notwithstanding any other regulations of this By-law, the Region's Source Water
Protection Plan outlines permitted uses within the Source Water Protection Area shown on
Schedule "A" of this By-law. The Region's Risk Management Official has jurisdiction in this
regard.
14.3
Solid Waste Disposal Assessment Area
The following regulations apply to lands within the solid waste disposal assessment area:
a) Prior to the issuance of a Building Permit for any new building or expansion to an existing
building an assessment report shall be prepared by a qualified engineer in accordance
with the City's Official Plan Section C7 (Solid Waste Disposal Areas) and the Province's
Guideline D-4, or its successor, to the satisfaction of the Region and the City.
b) Interior and exterior alterations that do not expand the building are not required to submit
an assessment report in accordance with Section 14.2 a).
c) All uses permitted in the applicable zone are permitted.
14-1
City of Thorold Comprehensive Zoning By-law
By-law No. 60-2019
14.4
Greenbelt Natural Heritage Area
Permitted uses in the Greenbelt Natural Heritage Area shall be the uses in the applicable
zone but shall be subject to the following regulations:
a) Development and site alteration may occur within the Greenbelt Natural Heritage Area
where an Environmental Impact Study (EIS) is prepared that satisfies the City's Official
Plan Policy 83.5.4.1 and Section C6 to the satisfaction of the City and the Region.
Notwithstanding, agricultural buildings and structures including agriculture-related and on-farm
diversified uses are not subject to the above requirements.
14.5
Natural Heritage Feature Buffer Area
14-2
a) The Natural Heritage Feature Buffer Area as shown on Schedule "A" of this By-law shall
take precedence over the regulations of the underlying zone.
b) No person shall use or develop any lot, building or structure, or part thereof, within an area
identified as Natural Heritage Feature Buffer Area on Schedule "A", for any purpose other
than the following uses existing on the date of passing of this By-law:
i)
Agricultural uses;
ii) Wayside pit or quarry; and,
iii) Mineral aggregate operation.
c) Notwithstanding Section 14.§Jb), development may be permitted within an area identified
as Natural Heritage Feature Buffer Area on Schedule "A", where an Environmental Impact
Study (EIS), supporting the development has been accepted by the City and the Region.
An Environmental Impact Study (EIS) is required in the following cases:
i)
Within 120.0 m of the boundary of a Provincially Significant Wetland (PSW);
ii) Within 50.0 m of the boundary of a Provincially Significant Life Science Area of
Natural and Scientific Interest (ANSI);
iii) Within 50.0 m from the habitat of endangered species and threatened species;
iv) Within 50.0 m of significant woodlands, significant wildlife habitat, significant
valleylands, and other wetlands (non-provincially significant);
v) Within 30.0 m of Critical (Type 1) fish habitat; and
vi) Within 15 m of Important and Marginal (Types 2 and 3) fish habitat.