This is the exact embedded text of the captured official document.
Snapshot f2171d37d7ca · verified 2026-10-26 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
SECTION 4.0
DEFINITIONS
Page 4-1
Town of Tillsonburg Zoning By-Law Number 3295
In this By-Law, unless the context requires otherwise:
4.1
"ABATTOIR", means a building or structure, or portion thereof, where animals
are slaughtered for the purposes of processing meat into food for human
consumption: and where meat products are produced, processed, handled,
stored or sold.
4.2
"ACCESSORY", when used to describe a use, building or structure means a use,
a building or a structure that is customarily incidental, subordinate and
exclusively devoted to a main use, building or structure and located on the same
lot therewith.
4.2a "ADDITIONAL RESIDENTIAL UNIT" means a dwelling unit located within the
principal dwelling on the lot or in a permanent detached accessory building on
the lot, and which is secondary and subordinate to the principal dwelling on the
lot. Additional residential unit(s) shall not include a trailer, a mobile home, a
motor home, or recreational vehicle as defined herein."
(Added by By-Law 2023-108)
4.3
"ADULT ENTERTAINMENT ESTABLISHMENT", means any premises or part
thereof, that offers in the pursuance of a business,
i)
goods, entertainment or services that are designed to appeal to erotic or
sexual appetites or inclinations are provided in the premises or part of the
premises; or
ii)
body-rubs, including the kneading, manipulating, rubbing, massaging,
touching or stimulating by any means of a person's body, are performed,
offered or solicited in the premises or part of the premises, excluding
premises or part of them where body-rubs performed, offered or solicited
are for the purpose of medical or therapeutic treatment and are performed
or offered by persons otherwise duly qualified, licensed or registered to do
so under a statute of Ontario.
4.4
"ALTER", means:
i)
when used in reference to a building, structure or part thereof, means to
change one or more of the internal or external dimensions of such building
or to change the type of construction of the exterior walls or roof thereof;
ii)
when used in reference to a lot, the word "alter" means to decrease the
width, depth or area thereof or to decrease the width, depth or area of any
required yard, setback, landscaped open space or parking area, or to
change the location of any boundary of such lot with respect to a street or
lane, whether such alteration is made by conveyance or alienation of any
portion of said lot, or otherwise. The words "altered" and "alteration" shall
have corresponding meanings;
December/23
SECTION 4.0
DEFINITIONS
Page 4-2
Town of Tillsonburg Zoning By-Law Number 3295
iii)
when used in reference to a use, to discontinue and replace a use, in
whole or in part, with a use as defined herein which is distinct and different
from the discontinued use.
4.5
"AMENITY AREA", means an area or areas intended for use for recreation or
aesthetic purposes within the boundaries of a lot and may include landscaped
open space, patios, balconies, communal lounges, swimming pools, recreation
facilities and any other areas which may be used for recreational or aesthetic
purposes, but shall not include any driveway or parking area.
4.6
"ANIMAL SHELTER", means premises used for the care of lost, abandoned or
neglected animals, but shall not include a kennel or veterinary clinic defined
herein.
4.7
"ARTERIAL ROAD", means an arterial road as designated on Schedule "B", to
this By-Law.
4.8
"ASSEMBLY HALL", means a building or part of a building in which facilities are
provided for such purposes as meetings for civic, educational, political, or social
purposes and shall include a banquet hall and private club.
(Amended by By-Law 3646)
4.9
"ASPHALT OR CONCRETE BATCHING PLANT", means an industrial facility
used for the production of asphalt or concrete used in building or construction
and includes facilities for the administration and management of the business,
the stockpiling of bulk materials used in the production process or of finished
products manufactured on the premises and the storage and maintenance of
required equipment, but does not include the retail sale of finished asphalt or
concrete products.
4.10 "ATTACHED", shall mean a building, otherwise complete in itself, which depends
for structure support, or complete enclosure, upon a divisional wall or walls
shared in common with adjacent building or buildings.
4.11 "ATTIC", means the portion of a building situated wholly or in part within the roof
and which is not a one-half storey.
4.12 "AUCTION ESTABLISHMENT", means a building or part thereof used for the
retail sale of articles or goods to members of the public bidding the highest offer
for the article or goods during the sale proceedings;
4.13 "AUTOBODY REPAIR SHOP", means an establishment for the repair of damage
to a motor vehicle caused by collision, accident, corrosion or age, and without
limiting the generality of the foregoing, includes the reconstruction of motor
vehicles, the painting and repainting of motor vehicles and the rebuilding or
conversion of automobile engines or engine parts, but does not include an
automotive service station, an impounding yard, a public garage, a salvage yard
or a gas bar.
Dec. 31/23
SECTION 4.0
DEFINITIONS
Page 4-3
Town of Tillsonburg Zoning By-Law Number 3295
4.14 "AUTOMOBILE", means a self propelled vehicle, including a passenger car or
van or sport utility vehicle, a light truck and a motorcycle used for land
transportation, but does not include any other type of motor vehicle, a bicycle, or
any other device powered solely by means of human effort.
4.15 "AUTOMOBILE SERVICE STATION", means an establishment where the prime
function is the retail sale of automotive fuels, lubricants and accessories and
which may contain facilities for the repair, washing and maintenance of motor
vehicles, excluding body and fender work and painting.
4.16 "BASEMENT", means that portion of a building between two floor levels which is
partly underground but which has at least one half of its height, from finished
floor to finished ceiling, above the adjacent finished grade.
4.17 "BED AND BREAKFAST ESTABLISHMENT", means a single detached dwelling
in which no more than three guest rooms are made available by the resident of
the dwelling for the temporary accommodation of the traveling or vacationing
public and within which light meals may be offered to those persons temporarily
residing at the establishment, but shall not include an eating establishment,
boarding or lodging house, group home or hotel or motel.
4.18 "BOARDING OR LODGING HOUSE" - See "DWELLING, BOARDING OR
LODGING HOUSE"
4.19 "BOUNDARY ADJUSTMENT", means the alteration of the lot area and/or lot
frontage of an existing residential lot by a decision of the Oxford County Land
Division Committee, or by other legal means, but shall not include any alteration
that results in the creation of a new lot.
4.20 "BREW YOUR OWN ESTABLISHMENT", means a commercial establishment
where individuals produce beer, wine and/or cider, for personal use and
consumption off the premises, and where related ingredients and materials are
purchased and equipment and storage areas are used for a fee by the same
individuals.
4.21 "BUILDING", means any structure, whether temporary or permanent, used or
intended to be used for shelter, accommodation or enclosure of persons, animals
or chattels, but shall not include a boundary wall or fence or a motor vehicle.
4.22 "BUILDING ENVELOPE", means a buildable area on a lot, defined by the
minimum front yard depth, rear yard depth and side yard width requirements and
maximum height requirements, within which a building can be erected.
4.23 "BUILDING INSPECTOR/CHIEF BUILDING OFFICIAL", means any person or
persons appointed by the Council of the Corporation, who is charged with the
duty of enforcing the provisions of the Ontario Building Code and Town By-Laws.
October/12
SECTION 4.0
DEFINITIONS
Page 4-4
Town of Tillsonburg Zoning By-Law Number 3295
4.24 "BUSINESS OR PROFESSIONAL OFFICE", means a building or part thereof in
which administrative functions are carried out or in which any technical or
professional service is practiced or performed and shall include service offices
such as travel, insurance and/or real estate agencies, but shall not include a
medical/dental centre, a personal service establishment, a veterinary clinic, or an
adult entertainment establishment.
4.25 "BUSINESS OR PROFESSIONAL OFFICE - CONVERTED", means a single
detached or semi-detached dwelling that has been converted for the purposes of
a business or professional office.
4.26 "BUSINESS SERVICE ESTABLISHMENT", means an establishment primarily
engaged in providing services to business establishments on a fee or contract
basis, including advertising and mailing, building maintenance, employment
services, accounting services, protective services, janitorial services, file storage
and management services, computer services and blueprinting or photocopying
services.
4.27 "BY-LAW ENFORCEMENT OFFICER", means a person or persons appointed by
the Council of the Corporation and who is charged with the duties of enforcing
the provisions of the Zoning By-Law and Town By-Laws.
(Added by By-Law 3646)
4.28 "CARGO CONTAINER", means an industrial, standardized reusable vessel that
was:
a)
originally, specifically or formerly designed for or used in the packing,
shipping, movement or transportation of freight, articles, goods or
commodities; and/or
b)
designed for or capable of being mounted or moved on a rail car; and/or
c)
designed for or capable of being mounted on a chassis or bogie for
movement by truck-trailer or loaded on a ship.
(Added by By-Law 3646)
4.29 "CARPORT", means a covered structure used for the storage of vehicles. The
roof of said structure shall be supported by piers or columns so that 50% or more
of its wall area adjacent to the lot line is unenclosed.
4.30 "CELLAR", means that portion of a building between two floor levels which is
partly or wholly underground and which has more than one half of its height, from
finished floor to finished ceiling, below adjacent finished grade.
October/12
SECTION 4.0
DEFINITIONS
Page 4-5
Town of Tillsonburg Zoning By-Law Number 3295
4.31 "CHURCH" - see "PLACE OF WORSHIP";
4.32 "CLASS I INDUSTRIAL FACILITY", means a place of business for a small scale,
self contained plant or building which produces/stores a product that is contained
in a package and has low probability of fugitive emissions. Outputs are
infrequent, and could be point source or fugitive emissions for any of the
following: noise, odour, dust and/or vibration. There are daytime operations only,
with infrequent movement of products and/or heavy trucks and no outside
storage.
4.33 "CLASS II INDUSTRIAL FACILITY" means a place of business for medium scale
processing and manufacturing with outdoor storage of wastes or materials (i.e. it
has an open process) and/or there are periodic outputs of minor annoyance.
There are occasional outputs of either point source or fugitive emissions for any
of the following: noise, odour, dust and/or vibration, and low probability of fugitive
emissions. Shift operations are permitted and there is frequent movement of
products and/or heavy trucks during daytime hours.
4.34 "CLASS III INDUSTRIAL FACILITY" means a place of business for large scale
manufacturing or processing, characterized by: large physical size, outside
storage of raw and finished products, large production volumes and continuous
movement of products and employees during daily shift operations. It has
frequent outputs of major annoyance and there is high probability of fugitive
emissions.
4.35 "COMMERCIAL RECREATION BUILDING (INDOOR SPORTS)", means a
building designed and intended to accommodate various forms of indoor sports
and recreation and shall include an arena, gymnasium, fitness centre, ice rink or
curling facility, tennis, squash, handball and badminton courts and roller rinks.
4.36 "COMMERCIAL RECREATION FACILITY - OUTDOOR", means any lot or part
of a lot used to provide outdoor commercial recreational activities for a fee, such
as ice skating rinks, roller skating and/or roller-blading parks, water sport
facilities, commercial swimming pools, miniature golf courses and driving ranges,
baseball batting cages, ski hills, lawn bowling greens or other similar uses but
shall not include a go-cart track, combat games or any other use which may
create a nuisance in terms of noise or odour.
4.37 "COMMUNICATIONS STRUCTURE", means a structure that is intended for
transmitting or receiving television, radio, or other telecommunications.
4.38 "COMMUNICATIONS ESTABLISHMENT", means any building, plant, works,
equipment or infrastructure which is used for the purpose of providing a
telephone or telecommunication service and associated office and administrative
functions, including television and radio stations, cable companies, telephone
and wireless service providers and other similar uses.
October/12
SECTION 4.0
DEFINITIONS
Page 4-6
Town of Tillsonburg Zoning By-Law Number 3295
4.39 "COMMUNITY CENTRE", means a building used for community activities, the
control of which is vested in the Corporation, a local board, or trustees;
4.40 "CONCRETE BATCHING PLANT", See "ASPHALT OR CONCRETE BATCHING
OR MIXING PLANT".
4.41 "CONSERVATION PROJECT", shall mean the use of a lot, building or structure
by the Federal or Provincial Government, the County, the Corporation, a
conservation authority, or agent thereof or a educational or non-profit group, for
the purpose of preserving, managing, or studying natural resources.
4.42 "CONTRACTOR'S SHOP OR YARD", means the use of land, buildings or
structures for the purpose of storing equipment, vehicles or material used by a
construction contractor or other building trade, together with any associated
maintenance, assembly or shop work.
4.43 "CONVENIENCE
STORE",
means
a
retail
food
store,
confectionary,
delicatessen, grocery store, or groceteria having a gross floor area of less than
372 m2 (4004.1 ft2), where a variety of both household and grocery items are
offered for sale primarily to serve the daily needs of persons and may include the
rental of videos, an automated banking machine, a catalogue ordering and pick-
up desk, and/or depots for such items as film, laundry or dry cleaning and may
include an area devoted to food preparation for consumption on or off the
premises, provided the gross floor area for such a use does not exceed ten
percent (10%) of the gross floor area, to a maximum of 30 m2 (322.9 ft2).
4.44 "CONVERTED DWELLING", - See "DWELLING, CONVERTED".
4.45 "CORPORATION", means the Corporation of the Town of Tillsonburg.
4.46 "COUNCIL", means the Municipal Council of the Corporation of the Town of
Tillsonburg.
4.47 "COUNTY", means the Corporation of the County of Oxford.
4.48 "COUNTY ROAD", means a street under the jurisdiction of the Corporation of the
County.
4.49 "DAYCARE CENTRE", means a facility licensed under Provincial statute which
accommodates a minimum of 7 children primarily for the purposes of providing
temporary care and/or guidance for a continuous period not exceeding 24 hours.
(Deleted & Replaced by By-Law 2023-080)
September/23
SECTION 4.0
DEFINITIONS
Page 4-7
Town of Tillsonburg Zoning By-Law Number 3295
4.50 "DAYCARE, PRIVATE HOME", means the temporary care and custody for
reward or compensation of not more than 6 children under thirteen years of age
in a private residence, other than the home of a parent or legal guardian of any
such child, for a continuous period not exceeding 24 hours.
(Deleted & Replaced by By-Law 2023-080)
4.51 "DECK", means an unenclosed, uncovered platform structure which exceeds an
average height of 0.6 m (2 ft) above grade level, projecting from a building or
freestanding, which is used as a private amenity area. A deck is not to be
included when calculating lot coverage.
(Amended by By-Law 3646)
4.52 "DEPARTMENT STORE", means a building or part of a building used for the
retail sale of a wide variety of goods, wares, merchandise and services, generally
displayed or offered on a departmental basis and including, but not limited to,
family clothing and apparel, furniture, appliances and home furnishings, sporting
goods, pharmaceuticals, garden supplies and other similar goods and
merchandise and may include, as accessory uses, an eating establishment, an
automotive parts and service centre, offices, warehousing and outdoor sales and
display areas.
4.53 "DRIVEWAY", means a vehicle access provided between a street or lane and a
parking area, queue space or loading space, or between two parking areas, but
does not include a parking aisle.
4.53a "DONATED GOODS RETAIL STORE", means a building or part thereof in which
goods, wares, merchandise or articles are stored, offered or kept for retail sale to
the public and where those items stored or offered for sale and are procured
solely and exclusively through the donations of the goods, wares, merchandise
or articles.
(Added by By-Law 2021-023)
4.54 "DRIVE THROUGH FACLITY", means a facility or structure that is designed to
allow drivers to remain in their vehicles before and during an activity on the site.
Drive-through facilities also include facilities designed for the rapid servicing of
vehicles, where the drivers may of may not remain in their vehicles, but where
the drivers usually either perform the service for themselves, or wait on site for
the service to be rendered. Examples include drive-up windows; menu boards;
order boards or boxes; gas pump islands; car wash facilities; auto service
facilities such as air compressor, water, and windshield washing stations; quick
lube or quick-oil change facilities.
4.55 "DRY CLEANING ESTABLISHMENT", means a building where dry cleaning, dry
dyeing, cleaning or pressing of articles or goods of fabric is carried on and in
which only non-flammable solvents are or can be used which emit no odours or
fumes, and in which no noise or vibration causes a nuisance or inconvenience
within or without the premise.
September/23
SECTION 4.0
DEFINITIONS
Page 4-8
Town of Tillsonburg Zoning By-Law Number 3295
4.56 "DRY CLEANING DEPOT", means a building, or any part thereof, used for the
purpose of receiving articles or clothing to be subjected to the process of dry
cleaning, dry dyeing or cleaning elsewhere and for the pressing and/or
distribution of any such articles or goods which have been subjected to any such
process.
4.57 "DWELLING", means a building occupied or capable of being occupied as the
home, residence or sleeping place of one or more persons, but shall not include
a hotel or motel, nursing home, travel trailer, a mobile home, a motor home or a
recreational vehicle.
4.57.1 "APARTMENT DWELLING", means a dwelling, two or more storeys in
height, containing four or more dwelling units, which share a common
entrance at street level or above the first floor and the occupants of
which have the right to use, in common, halls and/or stairs and/or
elevators and yards.
4.57.2 "BOARDING OR LODGING HOUSE", means a dwelling, containing not
more than four guest rooms used or maintained for accommodation of
the public, in which the owner or head lessee supplies, for hire or gain,
lodgings with or without meals for three or more persons but does not
include any other establishment otherwise defined or classified herein.
4.57.3 "CONVERTED DWELLING", means a single detached dwelling, which
has been altered or converted to contain not more than two dwelling
units, unless otherwise specified in this By-law.
4.57.4 "DUPLEX DWELLING", means the whole of a dwelling that is divided
horizontally into two separate dwelling units each of which has an
independent entrance either directly from the outside or through a
common vestibule.
4.57.5 "MOBILE DWELLING" See "MOBILE HOME".
4.57.6 "MULTIPLE UNIT DWELLING", means a dwelling consisting of three or
more dwelling units, which are horizontally and/or vertically attached,
which may be entered from an independent entrance directly from the
outside or from an internal common space or an access balcony and in
which 50% or more of dwelling units have direct access to grade or a
roof terrace. A multiple attached dwelling includes a triplex, a fourplex, a
sixplex and a townhouse, but shall not include a street fronting
townhouse or apartment dwelling.
4.57.7 "SEMI-DETACHED DWELLING", means one of a pair of two attached
dwelling units, divided in whole or in part by a common interior vertical
wall with a minimum area above grade of 10 m2 (107.6 ft2.), each of
which has an independent entrance either directly from the outside or
through a vestibule.
October/12
SECTION 4.0
DEFINITIONS
Page 4-9
Town of Tillsonburg Zoning By-Law Number 3295
4.57.8 "SINGLE DETACHED DWELLING", means a building that was designed
and built to contain only one dwelling unit.
4.57.9 "STREET FRONTING TOWNHOUSE DWELLING", means a dwelling
consisting of three or more dwelling units that are aligned horizontally
and divided vertically in whole or in part by common walls, with a
minimum area above grade of 10 m2 (107.6 ft2), and each of which has
an independent entrance directly from the outside and fronts onto a
public street.
4.58 "DWELLING UNIT", means a suite of two or more rooms, designed or intended
to be used for human habitation and to accommodate a single household, in
which sanitary conveniences and cooking facilities are provided and which has a
private entrance either from the outside of the building or through a common
hallway.
4.59 "DWELLING UNIT AREA", means a habitable area contained within the inside
walls of a dwelling unit, excluding any private garage, carport, porch, verandah,
unfinished attic, cellar or sun room (unless such sun room is habitable in all
seasons of the year) public or common halls or areas, and stairways.
4.60 "EATING ESTABLISHMENT", means a building or part thereof, used for the
preparation and/or serving of food or refreshments to the public, with the serving
and consumption of food taking place within the building or off of the premises.
Where specifically permitted by this By-Law, an eating establishment may
include a terrace or patio or other open areas adjacent to the building where the
serving and consumption of food and refreshments may take place on a
temporary or seasonal basis as well as a drive-through window. An eating
establishment shall not include mobile food vending.
(Amended by By-Law 3646)
4.61 "ELECTRIAL DISTRIBUTION FACILITY", means a building or system for
distributing or transmitting electricity or telecommunications and includes any
buildings, structures, or other equipment used for such purposes, but shall not
include the generation of such electricity.
4.62 "ELEVATION, AVERAGE", means the mean height above sea level, calculated
along the length of a building or structure.
4.62 a "EMERGENCY CARE ESTABLISHMENT", means an institutional use that
provides temporary accommodation and assistance for periods generally not
exceeding six weeks for the majority of residents. An emergency care
establishment does not include a Group Home.
(Added by By-Law 2025-046)
June/25
SECTION 4.0
DEFINITIONS
Page 4-10
Town of Tillsonburg Zoning By-Law Number 3295
4.63 "ERECT", when used in this By-Law includes building, construction,
reconstruction and relocation, and without limiting the generality of the word, also
includes:
i)
any preliminary physical operation, such as excavating, filling or draining;
ii)
altering any existing building or structure by an addition, enlargement,
extension or other structural change; and
iii)
any work which requires a building permit.
4.64 "ESTABLISHED BUILDING LINE", means the average setback of existing main
buildings from the street line, where at least two other main buildings have been
erected on any one side of a street in either direction from the existing subject
main building.
4.65 "EXISTING", means existing on the date of passing of this By-Law.
4.66 "FARM", means any farming or agricultural uses and includes apiaries; aviaries;
berry or bush crops; flower gardening; muck farms; field crops; nurseries;
orchards; tree crops; truck gardening; woodlots; and such uses or enterprises as
are customarily carried on in the field of general agriculture, but shall exclude any
operation devoted to the raising of animals or livestock and exclude the
construction of any buildings or structures.
4.67 "FINISHED GRADE", see "GRADE, FINISHED".
4.68 "FITNESS CLUB", means a building in which equipment, facilities and/or
instruction is available so that individuals can undertake activity to obtain physical
fitness and this may include accessory lounge facilities, office space and
associated retail.
4.69 "FRONTAGE" - See "LOT FRONTAGE".
4.70 "FRONT YARD" - See "YARD" "FRONT YARD"
4.71 "FUEL STORAGE TANK", means a tank for the bulk storage of petroleum
gasoline, fuel oil, gas or inflammable liquid or fluid but does not include a
container for inflammable liquid or fluid legally and properly kept in a retail store
or a tank for storage accessory to some other use of the premises where such
tank is located.
4.72 "GARAGE, PRIVATE", means a detached accessory building or portion of a
dwelling which is designed or used for the sheltering of private motor vehicles
and storage of household equipment incidental to the residential occupancy and
which is fully enclosed, but excludes a carport.
October/12
SECTION 4.0
DEFINITIONS
Page 4-11
Town of Tillsonburg Zoning By-Law Number 3295
4.73 "GARAGE, PUBLIC", means a building or place where motor vehicles are
washed, cleaned, serviced, painted or otherwise repaired and/or where motor
vehicles are leased, rented, sold or kept for hire. A public garage does not
include any use otherwise defined or classified herein, including an autobody
repair shop.
4.74 "GARAGE OR YARD SALE", means the sale by an occupant of a dwelling unit,
on his/her own premises, of household goods belonging to such occupant.
4.75 "GARDEN SUITE", means a one-unit detached residential structure containing
bathroom and kitchen facilities that is ancillary to an existing residential structure
and that is designed to be portable.
4.76 "GOLF COURSE", means a public or private area operated for the purpose of
playing golf and may include accessory uses such as driving ranges, miniature
courses, club houses and similar uses operated for commercial purposes.
4.77 "GRADE FINISHED", means the average elevation of the finished surface at the
ground at the base of a structure or of the main front wall of a building exclusive
of any embankment in lieu of steps.
4.78 "GROSS FLOOR AREA", means the aggregate of the horizontal areas of each
floor whether any such floor is above or below grade, measured between the
exterior faces of the exterior walls of the building or structure at the level of each
floor excluding any part of the building or structure which is used for the storage
or parking of motor vehicles.
4.79 "GROSS LEASEABLE COMMERCIAL FLOOR AREA" means the area in which
tenants pay rent for what are commonly referred to as "demised premises" and
which is exclusive to tenant occupancy including basement, mezzanines and
upper floors, measured from the centre line of joint partitions, and from outside
wall faces. It excludes common areas, private and public washrooms, boiler and
electrical rooms, mechanical, and employee rest rooms.
4.80 "GROSS VEHICLE WEIGHT", means the licensed capacity of a commercial
motor vehicle, and shall include combined weight of a commercial motor vehicle,
equipment, fuel, drive, passenger and payload.
4.81 "GROUND FLOOR AREA", means the maximum area of a building measured to
the outside walls excluding, in the case of a dwelling house, any private garage,
carport, porch, veranda or sunroom (unless such sunroom is habitable at all
seasons of the year).
October/12
SECTION 4.0
DEFINITIONS
Page 4-12
Town of Tillsonburg Zoning By-Law Number 3295
4.82 "GROUP HOME", means a residence licensed, supervised, approved, or funded
under federal or provincial statute for the accommodation of three to eight
persons, excluding staff, living under responsible supervision in a single
housekeeping unit and who, by reason of their intellectual, mental health, social
or physical condition or legal status, require a group living arrangement for their
well being. A Group Home may include youth on probation under provincial or
federal statute.
4.83 "GROUP HOME, CORRECTIONAL", means a single housekeeping unit
supervised by staff on a daily basis for persons who have been placed on
probation, released on parole or admitted for correctional purposes. A
Correctional Group Home shall be funded, licensed, approved or supervised by
the Province of Ontario, for the accommodation of not less than 3 and not more
than 8 residents, exclusive of staff. A Correctional Group Home may contain an
office provided that the office is used only for the operation of the Correctional
Group Home in which it is located. A Correctional Group Home shall not include
any detention or correctional facility operated or supervised by Corrections
Canada or any other Federal Government agency or by any organization on
behalf of the Federal Government.
4.84 "GUEST ROOM", means a room or suite of rooms used or maintained for the
accommodation of the public but does not provide any facilities for the cooking or
preparation of meals.
4.85 "HABITABLE ROOM", means a room designed for living, sleeping, eating or food
preparation, including a den, library, sewing room or enclosed sun room.
4.86 "HEIGHT", means the vertical distance between the average elevation of the
finished surface of the ground at the front of the building and;
i)
in the case of a flat roof, the highest point of the roof surface or the
parapet, whichever is the greater;
ii)
in the case of a mansard roof, the deck roof line;
iii)
in the case of a gable, hip or gambrel roof, the mean height between the
eaves and the ridge, exclusive of any accessory roof construction such as
a chimney, tower, solar collector, steeple, television antenna or dish; and
iv)
in the case of a quonset hut, three-quarters of the distance to the top of
the structure.
October/12
SECTION 4.0
DEFINITIONS
Page 4-13
Town of Tillsonburg Zoning By-Law Number 3295
4.87 "HOME-BASED ASSEMBLY / PACKAGING / STORAGE / DISTRIBUTION
BUSINESS", means a business operated by a resident from the premises of his
or her own home involving the packaging, storage, distribution and assembly of
finished products or parts from previously prepared materials where:
i)
the use occurs within a wholly enclosed building;
ii)
there is no external display or storage of goods or materials;
iii)
the use does not change the residential character of the dwelling house or
generate emissions such as noise, odour or discharge, or interfere with
television or radio reception;
iv)
there is no mechanical or other equipment used except that which is
customarily used in dwellings for domestic or household purposes;
v)
no more than 50% of the total floor area of the dwelling unit is used for the
use; and
vi)
the parking requirements of Section 5.20 shall apply.
4.88 "HOME OCCUPATION", means an occupation or business for gain or profit
conducted entirely within a dwelling, but shall not include an eating establishment
or uses specifically prohibited elsewhere within this By-Law.
4.89 "HOSPITAL, PUBLIC", means a public hospital within the meaning of the Public
Hospitals Act.
4.90 "HOSPITAL, PRIVATE", means a private hospital within the meaning of the
Private Hospitals Act.
4.91 "HOTEL OR MOTEL", means any hotel, motel, inn, or lodge in one main building
or in two or more buildings on the same site and used mainly for the purposes of
catering to the needs of the travelling public by supplying food and furnishing
sleeping accommodation of not less than four guest rooms, which guest rooms
contain no provisions for cooking, and includes all premises licensed under The
Liquor License Act and may include permanent staff accommodation.
4.92 "INDUSTRIAL MALL", means a building or group of buildings designed,
developed, owned and managed as a unit containing at least one building with
three or more separated spaces for lease or occupant.
4.93 "INFRASTRUCTURE", means physical structures that form the foundation for
development. Infrastructure includes: sewage and water works, waste
management systems, electric power excluding a commercial generation facility,
communications, transit and transportation corridors and facilities, and oil and
gas pipelines and associated facilities.
October/12
SECTION 4.0
DEFINITIONS
Page 4-14
Town of Tillsonburg Zoning By-Law Number 3295
4.94 "INSTITUTIONAL HALL OR LODGE", shall mean a building, or portion thereof,
designed, used, or intended for use as a meeting place or assembly hall for the
members of an organization, association, fraternal order, or similar group, not
operated for profit and wherein athletic facilities, dining rooms and beverage
rooms may be provided.
4.95 "KENNEL", means any lot, building or structure, where household pets, excluding
exotic pets, are housed or are to be housed, groomed, bred, boarded, trained or
sold and which may offer provisions for minor medical treatment.
4.96 "LANDFILL SITE", means a garbage disposal area, operated by the County,
employing an engineering method of disposing of solid wastes and may include
ancillary uses such as waste transfer stations or storage areas, recycling facilities
and resource recovery or reuse operations.
4.97 "LANDSCAPED OPEN SPACE", means the open unobstructed space at grade
on a lot and which is suitable for the growth and maintenance of grass, flowers,
bushes, trees and other landscaping and includes any surfaced walk, patio or
similar area but does not include any driveway or ramp, whether surfaced or not,
any curb, retaining wall, parking area or any open space beneath or within any
building or structure.
4.98 "LANE", means a public thoroughfare which affords only a secondary means of
vehicular access to abutting lots and which is not intended for general traffic
circulation.
4.99 "LOADING SPACE", means an off-street space or berth located on the same lot
as a permitted use and used for the parking of vehicles involved in the receiving,
shipping, loading or unloading or persons, animals, goods, wares, merchandise
and raw materials.
4.100 "LOT", means a parcel or tract of land which is a whole parcel or tract as shown
on a registered plan of subdivision where the said registered plan of subdivision
is not subject to a deeming by-law passed pursuant to the Planning Act or, a
whole parcel or tract which is held under separate ownership from adjacent lands
according to the registration thereof in the Registry Office or Land Titles Office.
4.100.1 "CORNER LOT", means a lot situated at the intersection of two streets,
of which two adjacent sides, that abut the intersecting streets, contain an
angle of not more than one hundred and thirty-five (135) degrees and
where such adjacent sides are curved, the angle of intersection of the
adjacent sides shall be deemed to be the angle formed by the
intersection of the tangents to the street lines, drawn through the
extremities of the interior lot lines, provided that:
October/12
SECTION 4.0
DEFINITIONS
Page 4-15
Town of Tillsonburg Zoning By-Law Number 3295
i)
in the latter case, the corner of the lot shall be deemed to be that
point on the street line nearest to the point of intersection of the
said tangents; and
ii)
any portion of a corner lot distant more than 30 m (98.4 ft.) from the
corner, measured along the street line shall be deemed to be an
interior lot.
4.100.2 "INTERIOR LOT", means a lot other than a corner lot or a through lot.
4.100.3 "THROUGH LOT", means a lot bounded on two opposite sides by
streets, provided, however, that if any lot qualifies as being both a corner
lot and a through lot, as herein defined, such lot shall be deemed to be a
corner lot.
4.101 "LOT AREA", means the total horizontal area within the lot lines of a lot,
excluding the horizontal area of such lot covered by water, or marsh or between
the rim of the banks of a river or watercourse.
4.102 "LOT COVERAGE", means that percentage of the lot area covered by the
horizontal projections of the area of all buildings, but excluding the area covered
by balconies, canopies, decks and overhanging eaves which are 2.0 m (6.56 ft)
or more in height above finished grade.
(Amended by By-Law 3646)
4.103 "LOT DEPTH", means the horizontal distance between the front and rear lot
lines. If the front and rear lot lines are not parallel, "lot depth" means the length
of a straight line joining the middle of the front lot line with the middle of the rear
lot line. When there is no rear lot line, "lot depth" means the length of a straight
line joining the middle of the front lot line with the apex of the triangle formed by
the side lot lines.
4.104 "LOT FRONTAGE", means the horizontal distance between the side lot lines,
such distance being measured perpendicularly to the line joining the middle of
the front lot line with either the middle of the rear lot line or the apex of the
triangle formed by the side lot lines and at a point therein distant the required
minimum front yard depth from the front lot line.
4.105 "LOT LINE", means any boundary of a lot or the vertical projection thereof.
4.105.1 "FRONT LOT LINE", means:
(i)
in the case of an interior lot, the line dividing the lot from the street;
(ii)
in the case of a corner lot, the shorter lot line abutting a street;
(iii) in the case of a through lot, the lot line where the principal access
to the lot is provided.
October/12
SECTION 4.0
DEFINITIONS
Page 4-16
Town of Tillsonburg Zoning By-Law Number 3295
4.105.2 "REAR LOT LINE", means the lot line farthest from and opposite to the
front lot line, unless the lot has only 3 lot lines, in which case the lot shall
be deemed to have no rear lot line;
4.105.3 "SIDE LOT LINE", means a lot line other than a front or rear lot line.
4.105.4 "EXTERIOR SIDE LOT LINE" means a side lot line abutting a street.
4.106 "MAIN BUILDING", shall mean the building in which is carried on the principle
purpose for which the building or lot is used.
4.107 "MAIN WALL", shall mean the exterior front, side or rear wall of a building and all
structural members essential to the support of a fully or partly enclosed space or
a roof.
4.108 "MEDICAL CENTRE", means a building or part thereof, other than a hospital,
used solely for the purpose of consultation, diagnosis and treatment of human
patients by one or more legally qualified physicians, dentists, optometrists,
chiropodists, osteopaths, chiropractors, or drugless practitioners, together with
their qualified assistants, and without limiting the generality of the foregoing, the
building may include administrative offices, waiting rooms, treatment rooms,
laboratories, pharmacies and dispensaries accessory to and directly associated
with the centre and shall not include accommodation for in-patient care or rooms
for major surgery. The area for the accessory sale and display of drugs,
supplements and other medical related products shall not exceed 55 m2 (592 ft2).
A medical centre shall not include a methadone clinic or methadone dispensary.
(Amended by By-Law 3788)
"METHADONE CLINIC" means a building, or part of a building, which is used
principally for the prescribing and/or dispensing of methadone and may include
the provision of counselling and other support services, but shall not include a
public hospital.
(Added by By-Law 3788)
"METHATONE DISPENSARY" means a business that sells or fills methadone
prescriptions for customers as the primary activity of the business but excludes
such business, pharmacy or dispensary that is accessory and ancillary to a
public hospital.
(Added by By-Law 3788)
4.109 "MEDICAL CENTRE, CONVERTED", means a single detached or semi-
detached which has been converted for the purposes of a medical centre.
January/14
SECTION 4.0
DEFINITIONS
Page 4-17
Town of Tillsonburg Zoning By-Law Number 3295
4.109a
"MICROBREWERY", means a place used for the small scale and
independent manufacturing of specialty or craft beer, wine or spirits produced for
retail sale and consumption on or off-site. A microbrewery may include a tied-
house and may also operate in combination with a permitted bar or tavern or an
eating establishment and retail accessory items.
(Added by By-Law 2021-023)
4.110 MOBILE FOOD VENDING", means the sales of refreshment for consumption by
the public that are conducted from a vehicle, cart, or other structure which has
not been assessed as commercial and includes but is not limited to: catering
vehicles, chip wagons, hot dog carts, sausage carts and ice-cream vendors,
including vehicles from which pre-prepared, pre-packaged refreshments or
prepared in the vehicle, or from a vehicle that transports prepared refreshments,
to be sold for consumption by the public, but does not include self serve vending
machines.
(Added by By-Law 3646)
4.111 "MOBILE HOME", means a prefabricated dwelling unit constructed to be towed
on its own chassis (notwithstanding that its running gear is or may be removed),
designed and equipped for year-round occupancy and containing suitable
sanitary facilities including a flush toilet, shower or bathtub within the unit, but
does not include a travel trailer as defined in this by-law.
4.112 "MOBILE HOME LOT", means a parcel of land within a Mobile Home Park which
shall be used only for the placement of one mobile home and for the exclusive
use of the occupants.
4.113 "MOBILE HOME PARK", means an area of land, not less than 2.0 ha (4.9 ac.),
used exclusively for the siting of mobile homes, together with commercial and
recreational uses for mobile home park residents, including any building,
structure or enclosure of such mobile home park and which remains under single
ownership.
4.114 "MOBILE VENDING UNIT", means any motorized or non-motorized vehicle,
trailer, kiosk, pushcart, stand, display, blanket, tent, ground covering or other
device designed to be portable and not permanently attached to the ground from
which any goods, wares, or merchandise other than food are peddled, vended,
sold, served, displayed, offered for sale or given away. This includes any display
consisting solely of the goods, wares or merchandise being peddled, sold,
served, displayed or offered for sale.
(Added by By-Law 3646)
4.115 "MONASTERY", means a building occupied as a common residence for persons
of a religious order.
4.116 "MOTOR HOME", means a self-propelled vehicle designed for the temporary
accommodation of persons, but does not include a mobile home.
February/21
SECTION 4.0
DEFINITIONS
Page 4-18
Town of Tillsonburg Zoning By-Law Number 3295
4.117 "MOTEL", - See "HOTEL OR MOTEL".
4.118 "MOTOR VEHICLE", means an automobile, motorcycle, motor assisted bicycle
unless otherwise indicated in this Act, and any other vehicle propelled or driven
otherwise than by muscular power, but does not include a street car, or other
motor vehicles running only upon rails, or a motorized snow vehicle, traction
engine, farm tractor, self-propelled implement of husbandry or road-building
machine .
4.119 "MOTOR VEHICLE, COMMERCIAL", means a motor vehicle having attached
thereto a truck or delivery body and includes ambulances, hearses, tow-trucks,
motor buses, fire trucks and apparatus, motorized construction equipment,
motorized farm vehicles or equipment (including farm tractors), and tractor
trailers or any part thereof which are used for hauling purposes.
4.120 "MOTOR VEHICLE SALES AND SERVICE ESTABLISHMENT", means a
building and/or lot where motor vehicles are kept for sale, lease or hire and
where motor vehicles may be serviced and repairs may be conducted as an
accessory use to the main function, but shall not include a truck transport
terminal.
4.121 "MOTOR VEHICLE WASHING ESTABLISHMENT", means a building or
structure containing facilities for the washing of motor vehicles.
4.122 "MUNICIPAL DRAIN", means a watercourse or sewer which carries storm
surface water and drainage and does not include a sanitary sewer as defined
herein.
4.123 "MUNICIPAL YARD", means any land, buildings or structures used for the
purpose of storing materials, vehicles and equipment which are necessary to the
daily operations of the Corporation, County or Province and includes such items
as sand, salt, trucks, plows and a fuel storage tank.
4.124 "NOISE SENSITIVE LAND USES" means residential development, seasonal
residential development, institutional uses such as hospitals, nursing homes,
retirement homes, schools and day-care centres, commercial uses with overnight
accommodations such as hotels or motels and active open space and
recreational uses deemed to be sensitive by the Council of the area municipality
in which such open space or recreational use is located.
4.125 "NON-CONFORMING", means a use, building, structure or any part thereof
which was lawfully occupied and/or existed at the date of passing of this By-Law,
which does not conform with the permitted uses or provisions of the zone in
which it is now located.
4.126 "NURSERY", means the use of lands, buildings or structures, or portions thereof,
where trees, shrubs, or plants are grown for the purpose of retail or wholesale
trade. A nursery may include the accessory sale of soil, planting materials,
fertilizers, garden equipment, ornaments and similar materials.
Mar. 31/21
SECTION 4.0
DEFINITIONS
Page 4-19
Town of Tillsonburg Zoning By-Law Number 3295
4.127 "NURSING HOME", means a building in which the proprietor supplies for hire or
gain, lodging with or without meals and, in addition, may provide nursing, medical
or similar care and treatment, if required, and may include a rest home, a
retirement home, convalescent home, or home for the aged, but does not include
any other establishment otherwise defined or classified herein.
4.128 "NURSING HOME, CONVERTED", means a single detached dwelling which has
been converted for the purposes of a nursing home.
4.129 "OCCUPANCY", means the use or intended use of a building or part thereof for
the shelter or support of persons, animals or property.
4.130 "ONE HUNDRED YEAR EROSION LIMITS", for lands adjacent to ravines, river
valleys and streams, the approved standards involving the combined influence of
stable slope, 100 times the average annual recession rate, and an erosion
allowance to define the erosion limits for regulatory purposes.
4.131 "OPEN STORAGE", means the storage of raw or finished goods, equipment, or
other materials, but not the parking or storage of motor vehicles, in an area of a
lot which is not enclosed within a building or structure.
4.132 "OUTDOOR DISPLAY AND SALES AREA" means an area set aside out of
doors, covered or uncovered, to be used in conjunction with an established use
or business located in adjacent permanent premises for the display or sale of
fresh produce and new goods or merchandise.
4.133 "OWNER", means any person, firm or corporation controlling the property under
consideration.
March 31/14
SECTION 4.0
DEFINITIONS
Page 4-20
Town of Tillsonburg Zoning By-Law Number 3295
4.134 "PARK", means an area of land, consisting primarily of landscaped open space,
used for active or passive recreational purposes or as a conservation area, with
or without related recreational buildings, structures or facilities which may include
a playground, a play area, a refreshment room, a community centre, a field
house, a bandstand, bleachers, a skating rink, a horticultural greenhouse, a
bowling green, a tennis or badminton court, a sports field, a running track, a
swimming area, a wading pool, a boating pond or lake, or a picnic area, but not a
mobile home park or any other use separately defined or listed herein.
4.134.1 "PARK, PASSIVE USE", means an area of land consisting primarily of
landscaped open space, which is used solely for recreational purposes
which do not involve large concentrations of people or activity on a
regular basis, such as walking trails, conservation projects, ponds and
picnic areas.
4.134.2 "PARK, PRIVATE", means a park other than a public park.
4.134.3 "PARK, PUBLIC", means a park owned or controlled by the Corporation,
the County, the Province, or by any Board, Commission or other
Authority established under any statute of the Province of Ontario.
4.135 "PARKING AISLE", means a portion of a parking area which abuts, on one or
more sides, parking spaces to which it provides access, and which is not used for
the parking of vehicles.
4.136 "PARKING AREA", means an area provided for the parking of motor vehicles
and may include parking aisles, parking spaces and ingress and egress lanes,
but shall not include any part of a public street. A parking area may include a
private garage.
4.137 "PARKING LOT", means any parking area whether or not such parking area is
required pursuant to the provisions of this By-Law.
4.138 "PARKING SPACE", means an area having an adequate means of ingress and
egress to and from a public street, lane or parking aisle for the temporary parking
or storage of motor vehicles, and may include a private garage.
4.139 "PERGOLA", means an arbor formed of horizontal trelliswork supported on
columns or posts, over which vines or other plants are trained. For the purposes
of this Zoning By-Law, pergolas are excluded from the calculation of lot
coverage".
(Deleted and Replaced by By-Law 2021-023)
4.140 "PERMITTED", means "permitted by this By-Law".
February/21
SECTION 4.0
DEFINITIONS
Page 4-21
Town of Tillsonburg Zoning By-Law Number 3295
4.141 "PERSON", means any human being, association, firm, partnership, incorporated
company, corporation, agent or trustee, and the heirs, executors or other legal
representatives of a person to whom the context of this By-Law can apply
according to law.
4.142 "PERSONAL SERVICE ESTABLISHMENT", means a building, or part thereof, in
which persons are employed in providing services and otherwise administering to
the individual and personal needs of persons, including but not necessarily
restricted to a barber, hairdresser, aesthetician, manicurist/pedicurist, massage
therapist, tailor, dressmaker and/or shoemaker, laundromat, tanning salon, pet
grooming shop and formal rental shop, but does not include any establishment
otherwise defined or classified herein. The sale of merchandise shall be
permitted only as an accessory use to the personal service provided. Such a use
may be subject to inspection by the Southwestern Public Health Unit.
(Deleted and Replaced by By-Law 2021-023)
4.143 "PLACE OF ENTERTAINMENT", means a motion picture or other theatre,
amusement arcade, arena, auditorium, public hall, billiard or pool room, bingo
hall, bowling alley, or dance hall; but does not include any other place of
entertainment or amusement otherwise defined or classified herein.
4.144 "PLACE OF WORSHIP", means a building dedicated to religious worship and
may include a hall, auditorium, Sunday School, convent, monastery, parish hall,
day care or accessory dwelling unit within or directly connected to the main
building.
4.145 "PORCH", means a covered wooden or concrete platform forming part of the
main building and projecting from the face of a wall and situated on a solid
foundation, which is used as outdoor living areas and can be surrounded by a
railing.
4.146 "PROVINCIAL HIGHWAY", means a street under the jurisdiction of the Province
of Ontario.
4.147 "PUBLIC LIBRARY", means a public library within the meaning of The Public
Libraries Act.
4.148 "PUMP ISLAND", means that portion of an automobile service station, public
garage or portion of non-residential use for the retail sale of gasoline, which
includes the gas pumps, concrete base, overhead canopy and kiosk, but shall
not include any part of any building for the repair or service of motor vehicles.
4.149 "RECREATIONAL TRAIL", an area used for hiking, horseback riding, cross
country skiing or other similar forms of non-motorized recreational travel.
February/21
SECTION 4.0
DEFINITIONS
Page 4-22
Town of Tillsonburg Zoning By-Law Number 3295
4.150 "RECREATIONAL VEHICLE", means any vehicle used for recreational purposes
such as motor homes, camping trailers, boats, snowmobiles, or any unit
designed to be towed by a motor vehicle for the purpose of transporting materials
or things.
(Amended by By-Law 3646)
4.151 "RECYCLING FACILITY", means a facility where used or scrap materials are
separated into recoverable resources for reuse, but shall not include a salvage
yard or a waste transfer station.
4.152 "REGULATORY FLOOD PLAIN", means the standard used by the conservation
authority having jurisdiction to define the limit of the flood plain for regulatory
purposes. The approved Regulatory Flood Plain Standard for the LPRCA is
based on the 100 event, which has a frequency of 1:100 meaning that the risk of
the Regulatory Event occurring in any given year is 1 %.
4.153 "RENDERING PLANT", means a premises at which dead animals are processed
into hides, meat, bone, meal, meat meal or inedible fats.
4.154 "REPAIR AND SERVICE SHOP", means a place where personal effects and
household goods and appliances are repaired, but does not include the repair of
durable goods such as automobiles, or heavy equipment or heavy motors. All
repair or service activity shall be conducted within an enclosed structure, and no
outside testing of power equipment or small engines shall be permitted.
4.155 "RETAIL STORE", means a building, or part of a building, in which goods, wares,
merchandise, or articles are offered for sale, but do not include any
establishment otherwise defined or classified herein.
4.155a
"RETAIL PET STORE", means a building, or part of a building, in which
pets and pet supplies are offered for sale. A retail pet store may also include a
pet grooming business.
(Added by By-Law 2021-023)
4.155b
"RISK MANAGEMENT OFFICIAL", means the County Risk Management
Official appointed under Part IV of the Clean Water Act.
(Added by By-Law 2021-023)
4.156 "ROOMING UNIT", means a room or suite of rooms constituting a separate,
independent occupancy in which a person sleeps and which might have either a
kitchen or washroom but does not have both which is provided on a rental basis.
February/21
SECTION 4.0
DEFINITIONS
Page 4-23
Town of Tillsonburg Zoning By-Law Number 3295
4.157 "SALVAGE YARD", means an establishment where goods, wares, merchandise,
and articles are dismantled or recycled for further use and where such goods,
wares, merchandise and articles are stored and kept for sale wholly or partly in
the open and shall be restricted to a junk yard, a scrap metal yard, and an
automobile wrecking yard, and may include an accessory building. Such goods,
wares, merchandise, and articles shall not include hazardous waste, except
compounds such as fuel, oil, and freon, which are necessarily collected as part of
the dismantling or recycling operation, provided that the handling of such
compounds is in accordance with all applicable Federal and Provincial
environmental requirements.
4.158 "SAND OR GRAVEL PIT", means any pit or excavation made for the removal of
any soil, sand or gravel for commercial and/or municipal purposes, but shall not
include a stone quarry or a topsoil or peat extraction operation, an excavation
incidental to the erection of a building or structure for which a building permit has
been granted by the Corporation, an excavation incidental to the construction of
any public works, or a soil processing operation.
4.159 "SANITARY SEWER", means a system of underground conduits, operated either
by the County or the Province of Ontario, which carries sewage to a place of
treatment.
4.160 "SCHOOL", means an educational establishment, including:
4.160.1
"PUBLIC SCHOOL", means a school under the jurisdiction of a
public agency.
4.160.2
"PRIVATE SCHOOL", means a school, other than a public school
or a commercial school, under the jurisdiction of a private board of
trustees or governors, a religious organization or a charitable
institution.
4.160.3
"COMMERCIAL SCHOOL", means a school where instruction is
given for hire or gain and includes the studio of a dance or music
teacher, an art, business or trade school, and any other such
specialized school conducted for hire or gain.
4.161 "SEMI-DETACHED DWELLING" - See "DWELLING".
4.162 "SERVICE SHOP", means a building or part of a building not otherwise defined
or classified herein for the servicing, repairing and renting of articles, goods or
materials.
Mar. 31/21
SECTION 4.0
DEFINITIONS
Page 4-24
Town of Tillsonburg Zoning By-Law Number 3295
4.162a
"SEPTIC SYSTEM AND/OR HOLDING TANK", means a sewage system
that stores and/or treats human waste on-site and is subject to approval under
the Building Code Act, R.S.O. 1992, as amended, or Ontario Water Resources
Act, R.S.O. 1991, as amended. These systems shall include, but are not limited
to, greywater systems, cesspools, leaching bed systems and associated
treatment units, and holding tanks, and shall not include sewage treatment
plants.
(Added by By-Law 2021-023)
4.163 "SETBACK", means the horizontal distance from the centreline of the street
allowance, measured at right angles to such centreline to the nearest part of any
building or structure on the lot.
4.164 "SEWAGE TREATMENT FACILITY", means a building or structure, approved by
the Ministry of the Environment, where domestic and/or industrial waste is
treated.
4.165 "SHOPPING CENTRE", means a building or group of buildings designed,
developed, owned and managed as a unit containing six or more separated
spaces for lease or occupancy by commercial uses or business or professional
offices.
4.166 "SIGHT TRIANGLE", means the triangular space formed by the intersecting
street lines of a corner lot and a line drawn from a point on one (1) of the said
street lines to a point on the other said street line, each said point being
measured a specific distance from the point of intersection of the said street
lines.
(Added by By-Law 3646)
4.167 "SIGN", means a name, identification, description, device, display, or illustration
which is affixed to, or represented directly or indirectly upon a building, structure
or lot and which directs attention to an object, product, place, activity, person,
institution, organization or business.
4.167a
"SIGNIFICANT DRINKING WATER THREAT", means an activity that
adversely affects, or has the potential to adversely affect, the quality and quantity
of any water that is or may be used as a source of drinking water and according
to a risk assessment, poses or has the potential to pose a significant risk
(Source: Clean Water Act, 2006).
(Added by By-Law 2021-023)
4.168 "SOIL PROCESSING OPERATION", means the use of any land, building or
structure for the purpose of storing, mixing, composting and packaging any soil,
soil conditioning agents, wood chips and related materials, compost or manure.
February/21
SECTION 4.0
DEFINITIONS
Page 4-25
Town of Tillsonburg Zoning By-Law Number 3295
4.169 "SPECIAL NEEDS HOME", means a residence in which 24-hour non-medical
care of persons in need of personal services, supervision or assistance essential
for sustaining the activities of daily living or for the protection of the individual. A
special needs home may include a hostel, temporary shelter or emergency
shelter, but shall not include a group home.
4.170 "STOREY", means the portion of a building, other than an attic, basement or
cellar, included between any floor level and the floor, ceiling or roof next above it.
4.171 "STOREY, FIRST", means the storey with its floor closest to grade and having its
ceiling more than 1.8 m (6 ft) above grade.
4.172 "STORM SEWER", means a system of underground conduits which carry storm
surface water and storm drainage, but which does not carry sewage or industrial
waste.
4.173 "STREET", means a public highway or public road, 9 m (29.5 ft) or more in width,
which affords the principal means of access to abutting lots but does not include
a lane or a private right-of-way. "PROVINCIAL HIGHWAY", "COUNTY ROAD"
and "TOWN ROAD" mean a Provincial Highway, County Road and Town Road
as defined herein.
4.174 "STREET, IMPROVED", means a street assumed by the Corporation, the County
or the Province of Ontario which is maintained year round at a reasonable
standard of construction and shall include a street under construction within a
registered plan of subdivision for which a subdivision agreement has been
entered into with The Corporation. The definition shall not include a lane or
private right-of-way.
4.175 "STREET LINE", means the limit of the street allowance and is the dividing line
between a lot and a street.
4.176 "STRUCTURE", means anything constructed or erected, the use of which
requires location on the ground, or attached to something having location on the
ground and, without limiting the generality of the foregoing, includes a vehicle as
defined in The Highway Traffic Act but does not include a parking area.
4.177 "STUDIO", means a building or part thereof used as the workplace of a sculptor,
photographer, wood carver, craftsman or artist or for the instruction of art, music,
dancing, languages or similar disciplines and may include the retail of related
goods or items produced on site in small quantity or to special order.
4.178 "TOWN ROAD", means a street under the jurisdiction of the Corporation.
4.179 "TRAVEL TRAILER", means any portable unit so constructed as to be suitable
for attachment to a motor vehicle and capable of being used for the temporary
accommodation of persons, but does not include a mobile home as defined
herein.
Mar. 31/21
SECTION 4.0
DEFINITIONS
Page 4-26
Town of Tillsonburg Zoning By-Law Number 3295
4.180 "TRUCK TRANSPORTATION TERMINAL", shall mean the use of land, buildings,
or structures where trucks and/or transports are loaded or unloaded, stored,
serviced, rented, leased, kept for hire, or parked for remuneration or from which
trucks and/or transports are dispatched as common carriers, or where goods are
stored temporarily for further shipment.
4.181 "USE", when used as a noun, means the purpose for which a lot or a 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" shall have a corresponding meaning.
4.182 "VETERINARY CLINIC", means a building or part thereof, wherein animals of all
kinds may be treated or kept for treatment by a registered veterinarian and his or
her assistants and where such animals may be temporarily boarded, but shall not
include an outdoor kennel, except as permitted by this by-law.
4.183 "WAREHOUSE", means a building or part thereof which is used for the storage,
adapting for sale, packaging or wholesale distribution of goods, wares,
merchandise, foodstuff, substances or articles, but does not include a fuel
storage tank except as an accessory use.
4.184 "WASTE TRANSFER STATION", means a building or buildings for the temporary
storage and sorting of non-hazardous domestic or industrial waste pending
removal to an authorized disposal site. All outside storage, including storage of
waste, and all outside processing and manufacturing is prohibited.
4.185 "WATERCOURSE", is a stream of water, which flows along a defined channel,
with beds and banks, for a sufficient time to give it substantial existence. This
may include streams that dry up periodically.
4.186 "WATER SUPPLY", means a distribution system of underground piping and
related storage, including pumping and purification appurtenances operated by
the Corporation, the County and/or the Province of Ontario and/or any public
utilities commission.
4.187 "WAYSIDE SAND OR GRAVEL PIT OR STONE QUARRY", means a temporary
sand or gravel pit or stone quarry opened and used by a public road authority
solely for the purpose of a road construction project and not located on the road
right-of-way.
4.187a
"WELLHEAD PROTECTION AREA", is the area around a municipal
drinking water supply well where certain land use activities may have the
potential to affect the quality or quantity of water that flows into that well. The
location and vulnerability of Wellhead Protection Areas is identified through the
Source Protection Plans approved in accordance with Clean Water Act, 2006."
(Added by By-Law 2021-023)
February/21
SECTION 4.0
DEFINITIONS
Page 4-27
Town of Tillsonburg Zoning By-Law Number 3295
4.188 "WHOLESALE OUTLET", means a building or part of a building in which goods,
wares, merchandise or articles are offered or kept for sale to persons for resale
purposes and/or to industrial or commercial user resale.
4.189 "YARD", means an area adjacent to a building, structure or excavation, located
on the same lot as the building, structure or excavation, and which area is open,
uncovered and unoccupied from the ground to the sky, except for such
accessory buildings, structures or uses as are specifically permitted elsewhere in
this By-Law.
4.189.1
"FRONT YARD", means an area extending across the full width of
the lot between the front lot line of the lot and the nearest part of
any excavation, or main building on the lot.
4.189.2
"FRONT YARD DEPTH", means the least horizontal dimension
between the front lot line of the lot and the nearest part of any
building, structure or excavation on the lot, or the nearest open
storage use on the lot.
4.189.3
"REAR YARD", means an area extending across the full width of
the lot between the rear lot line of the lot and the nearest part of
any excavation or main building on the lot, exclusive of the exterior
side yard."
(Deleted and Replaced by By-Law 2021-023)
4.189.4
"REAR YARD DEPTH" means the least horizontal dimension
between the rear lot line of the lot and the nearest part of any
building, structure or excavation on the lot, or the nearest open
storage use on the lot.
4.189.5
"SIDE YARD", means an area extending from the front yard to the
rear yard and from the side lot line of the lot to the nearest part of
any excavation or main building on the lot. In the case of a lot
which has no rear lot line, the side yard shall extend from the front
yard to the opposite side yard.
4.189.6
"SIDE YARD WIDTH" means the least horizontal dimension
between the side lot line of the lot and the nearest part of any
building, structure or excavation on the lot, or the nearest open
storage use on the lot.
4.189.7
"EXTERIOR SIDE YARD", means a side yard immediately
adjoining a public street.
4.189.8
"INTERIOR SIDE YARD", means a side yard other than an exterior
side yard.
February/21
SECTION 4.0
DEFINITIONS
Page 4-28
Town of Tillsonburg Zoning By-Law Number 3295
4.190 "YARD, REQUIRED", means the minimum front yard depth, rear yard depth or
side yard width required by the provisions of this By-Law. A required side yard
shall extend from the required front yard to the required rear yard.
4.191 "ZONING OFFICER/BY-LAW ENFORCEMENT OFFICER", means a person or
persons appointed by the Council of the Corporation and who is charged with the
duties of enforcing the provisions of the Zoning By-law.
Mar. 31/21