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SECTION 5.0
GENERAL PROVISIONS
Page 5-1
Town of Tillsonburg Zoning By-Law Number 3295
SUBSECTION
PAGE
5.1
ACCESSORY USES, BUILDINGS AND STRUCTURES
5-2
5.2
CARGO CONTAINERS
5-7
5.3
CONTROL OF ANIMALS AND BIRDS
5-7
5.4
DWELLING UNITS BELOW GRADE (DELETED)
5.5
EROSION HAZARD AREAS
5-7
5.5A
EMERGENCY CARE ESTABLISHMENT
5-8
5.6
ESTABLISHED BUILDING LINE
5-8
5.7
EXCEPTIONS FOR EXISTING LOTS
5-8
5.8
FLOOD AND FILL AREAS
5-9
5.9
GARDEN SUITES (DELETED)
5.10
GREATER RESTRICTIONS
5-10
5.11
GROUNDWATER RECHARGE AREAS (DELETED)
5.12
GROUP HOMES
5-10
5.13
HOME OCCUPATIONS
5-11
5.14
LOADING PROVISIONS (DELETED)
5.15
LOTS CONTAINING MORE THAN ONE USE
5-13
5.16
LOTS DIVIDED INTO MORE THAN ONE ZONE
5-13
5.16A
METHADONE CLINICS AND METHADONE DISPENSARIES
5-13
5.17
MOBILE FOOD VENDING
5-14
5.18
MOBILE VENDING UNIT
5-14
5.19
MUNICIPAL SERVICES
5-14
5.20
NOISE AND VIBRATION
5-14
5.21
NON-CONFORMING USES, SITES AND BUILDINGS
5-15
5.22
OUTDOOR DISPLAY AREAS
5-18
5.23
OUTDOOR PATIOS
5-19
5.24
PARKING PROVISIONS
5-20
5.25
PLANTING STRIPS
5-30
5.26
PROHIBITED USES
5-31
5.27
PUBLIC USES
5-32
5.28
SALE OF FIREWORKS
5-34
5.29
SIGHT TRIANGLES
5-34
5.30
SIGNIFICANT ENVIRONMENTAL FEATURES
5-34
5.31
SITE PLAN CONTROL
5-38
5.32
SITES OF POTENTIAL ENVIRONMENTAL CONTAMINATION
5-38
5.33
STREET FRONTAGE REQUIRED
5-38
5.34
STORAGE OR PARKING OF RECREATIONAL VEHICLES
5-38
5.35
THROUGH LOTS
5-40
5.36
USES PERMITTED IN ALL ZONES
5-40
5.37
YARD, SETBACK AND HEIGHT - PERMITTED ENCROACHMENTS
5-41
5.38
SOURCE PROTECTION AREAS
5-44
(Amended by By-Law 2025-046)
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-2
Town of Tillsonburg Zoning By-Law Number 3295
5.1
ACCESSORY USES, BUILDINGS, STRUCTURES
5.1.1
Where this By-Law provides that a lot may be used or a building or
structure may be erected or used for a particular purpose, that purpose
shall include any accessory building or structure or accessory use,
provided that:
5.1.1.1
it is not to be used for any occupation for gain or profit, except as
permitted in this By-Law;
5.1.1.2
the principal use, building or structure is specifically permitted by this
By-Law and is already established on the same lot;
5.1.1.3
it is not to be used for human habitation except as specifically permitted in
this By-Law; and
5.1.1.4
it complies with the provisions set out in Table 5.1.1.4 below, except
where it is specifically regulated elsewhere in the By-Law:
TABLE 5.1.1.4 - REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
PROVISION
RESIDENTIAL OR ENTREPRENEURIAL
ZONES
ALL OTHER ZONES
Permitted Location
Interior Side Yard or Rear Yard
In accordance with the
yard and setback
provisions of the zone in
which such building or
structure is located.
Distance from Main
Buildings (no ARU),
Minimum
1.2 m (3.9 ft)
3 m (9.84 ft)
Height, Maximum
6 m (19.6 ft)
6 m (19.6 ft)
Rear Yard and Interior
Side Yard Setback,
Minimum
3 m (9.8 ft)
In accordance with
applicable zone
provisions
Front Yard or Exterior
Side Yard Setback,
Minimum
In accordance with the applicable
zone provisions.
In accordance with
applicable zone
provision
Setback from a street
line, minimum
In accordance with applicable
zone provision
In accordance with
applicable zone
provision
(table cont'd on next page)
June/25
(Deleted and Replaced by By-Law 2025-046)
SECTION 5.0
GENERAL PROVISIONS
Page 5-3
Town of Tillsonburg Zoning By-Law Number 3295
TABLE 5.1.1.4 - REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
PROVISION
RESIDENTIAL OR ENTREPRENEURIAL
ZONES
ALL OTHER ZONES
Lot Coverage,
maximum for all
accessory buildings and
structures
A combined total of 10% of lot
area, to a maximum of 50 m2
(538.2 ft2) of ground floor area.
In accordance with
applicable zone
provision
(Deleted and Replaced by By-Law 2025-046)
5.1.1.4.1
Notwithstanding any provision of Table 5.1.1.4 to the contrary, the
following provisions shall also apply:
i)
where a residential or entrepreneurial zoned lot does not contain an
attached private garage, one (1) detached private garage may be
erected on the lot, provided it does not exceed 4.5 m (14.8 ft) in
height and complies with all the other provisions of Table 5.1.1.4.
ii)
a carport may be erected on a lot in a residential or entrepreneurial
zone only where it is built over a driveway, is located in an interior
side yard, does not exceed a length of 7.5 m (24.6 ft) and complies
with all the other provisions of Table 5.1.1.4
iii)
on a residentially or entrepreneurial zoned lot, one (1) accessory
building, not exceeding 15 m2 (161.46 ft2) in gross floor area, may
be excluded from the calculation of total lot coverage.
(Deleted & Replaced by By-Law 2024-003)
iv)
accessory buildings or structures, not exceeding 2.5 m (8.2 ft) in
height, may be located within a required exterior side yard,
provided that a minimum exterior side yard setback of 3 m (9.8 ft) is
maintained and such exterior side yard is enclosed by a privacy
fence or planting strip with a minimum height of 1.5 m (6 ft).
v)
where an existing residentially or entrepreneurial zoned lot exceeds
1,500 m2 (16,146.4 ft2) in lot area, the maximum lot coverage for all
accessory buildings and structures shall not exceed 100 m2
(1,076.4 ft2) of ground floor area and no accessory building or
structure shall exceed 4.5 m (14.8 ft) in height.
vi)
covered and uncovered decks, patios, porches/verandas and other
similar structures shall only be permitted in accordance with the
provisions of Section 5.37.1
(Deleted & Replaced by By-Law 2024-003)
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-4
Town of Tillsonburg Zoning By-Law Number 3295
vii)
a Quonset hut shall not be permitted as an accessory structure
within a residential zone.
(Added by By-Law 2021-023)
5.1.2
EXCEPTIONS
The following accessory uses are not subject to the provisions of Section
5.1.1.4, provided that they are in accordance with the provisions noted in
Table 5.1.2:
TABLE 5.1.2 - ACCESSORY USE EXCEPTIONS AND RELATED PROVISIONS
Structures
Specific Provisions
- clothes poles, flag poles and
basketball standards;
- garden trellises;
- ornamental fountains, statues,
cenotaphs, monuments, and
memorials;
- planters, benches, and picnic
tables;
- retaining walls, sidewalks,
pavements, and curbs; and
- other similar accessory uses.
None
- patios, concrete pads, walkways,
and other similar structures
comprising part of an outdoor
amenity area and not exceeding
0.3 m (1 ft) in height
Shall not alter any drainage swale required by an
approved lot grading plan.
- Fences and similar structures
In accordance with the Town's Fencing By-Law and any
other special provisions that are specifically noted in this
By-Law;
- Pergola
a) exempt from Distance from Main buildings;
b) When located on a raised deck or platform exceeding
0.3 m (1 ft) in height, a pergola shall not exceed 10 ft (3
m) in height, measured from the walkable surface.
- Attached and freestanding signs
In accordance with the Town's Sign By-Law, unless
otherwise specifically noted in this By-Law
- an unenclosed, outdoor private
swimming
pool
or
hot
tub,
including
pool
equipment,
accessory to a residential use
a) Shall only be permitted in an interior side yard or rear
yard, with a minimum 1.2 m (3.9 ft) setback from a
side lot line or rear lot line or in an exterior side yard
with a minimum 3 m (9.8 ft) setback from the street
line;
b) An above ground private pool shall not exceed 1.6 m
(5.25 ft) in height above finished grade, measured to
the top of the pool wall;
c) Any deck associated with an above ground private
swimming pool or hot tub, shall be in accordance
with the provisions for decks in Table 5.37.1
d) Such private swimming pool or hot tub shall not be
included in lot coverage calculations.
(Deleted and Replaced by By-Law 2024-003)
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-5
Town of Tillsonburg Zoning By-Law Number 3295
5.1.3
GARAGE AND YARD SALES
Where this By-Law provides that a lot may be used for a dwelling(s), the
permitted accessory uses to such dwelling(s) shall include a garage sale
or yard sale provided that:
a)
A maximum of two (2) garage or yard sales may be conducted per
calendar year;
b)
A garage or yard sale may be up to a maximum of three (3) days in
duration, provided that such sale is held on consecutive days;
c)
Any signs shall be in accordance with the Town's Sign By-Law; and
d)
Such sales may only be conducted during daylight hours.
5.1.4
ADDITIONAL RESIDENTIAL UNITS
5.1.4.1
WHERE PERMITTED
Notwithstanding any other provisions of this By-law to the contrary, an
additional residential unit shall be permitted subject to the provisions
contained in Table 5.1.4 and compliance with all other provisions of the
Zone in which the lot is located.
Table 5.1.4 - REGULATIONS FOR ADDITIONAL RESIDENTIAL UNITS (ARUS)
Table 5.1.4 - REGULATIONS FOR ADDITIONAL RESIDENTIAL UNITS (ARUS)
Zone Provision
Provision
Number of ARUs per
lot
i)
Maximum of 2 ARUs per lot. The principal dwelling
must be a legally permitted use on the lot. Where 2
ARUs are located on a lot, 1 ARU is required to be
located within the principal dwelling.
Maximum Lot
Coverage
i) Notwithstanding any provisions in this by-law to the
contrary, the maximum lot coverage for all buildings
and structures on a lot containing at least one (1)
ARU) is 45%.
Minimum Lot Area
i) Notwithstanding any provisions in this by-law to the
contrary, there is no minimum lot area required for an
ARU other than the minimum lot area required for the
principal single-detached dwelling, semi-detached
dwelling, or street-fronting townhouse dwelling.
Permitted dwelling
types
i) An ARU may be contained within the principal
dwelling or in an accessory structure on the lot
associated with a single-detached dwelling, semi-
detached dwelling, or street-fronting townhouse
dwelling.
SECTION 5.0
GENERAL PROVISIONS
Page 5-6
Town of Tillsonburg Zoning By-Law Number 3295
Table 5.1.4 - REGULATIONS FOR ADDITIONAL RESIDENTIAL UNITS (ARUS)
Zone Provision
Provision
Maximum Gross
Floor Area for all
ARUs
i) No greater than 50% of the gross floor area of the
principal dwelling on the lot, except that an ARU may
occupy the whole of a basement of a principal
dwelling.
Parking (per ARU)
i) In addition to the parking requirements for the
principal dwelling in accordance with the provisions of
Section 5.24, the required additional parking spaces
for an ARU shall be located on the same lot, in
accordance with the following:
-
a minimum of 1 additional parking space shall be
provided; and,
-
the required ARU parking space may be a tandem
parking space.
ii) A minimum of 35% of the front yard of a lot used for
ARU purposes shall be provided and maintained as
landscaped open space and such space shall not be
utilized for parking space or parking aisle purposes;
except in the case of a street-fronting townhouse
which will permit a minimum parking space width of
2.59 m (8.5 ft) and that a maximum of 84% of either
the area of the front yard or lot frontage, or the area
or width of the exterior side yard, or a maximum of
5.18 m (17 ft), may be occupied by a driveway or
parking area.
Entrances (per unit)
i) Must be separate and distinct from the entrance
provided for the principal dwelling.
ii) External access to ARUs must always be a
continuous and unobstructed minimum pathway of
0.9 m (36") in width.
iii) All external pathways to ARUs must include a
minimum 0.86 m (34") wide continuous hard surface
path (e.g. walkway).
iv) For an ARU that is contained within or attached to the
principal dwelling, the separate and distinct entrance
may be accessed:
a) from the outside of the building; or,
b) from a common hallway or stairway from
inside the building.
ARUs in Detached
Accessory Structures
i) Notwithstanding any provisions in this by-law to the
contrary, the minimum separation distance for any
detached building containing an ARU from another
building containing a residential dwelling unit is four
(4) metres.
SECTION 5.0
GENERAL PROVISIONS
Page 5-7
Town of Tillsonburg Zoning By-Law Number 3295
Table 5.1.4 - REGULATIONS FOR ADDITIONAL RESIDENTIAL UNITS (ARUS)
Zone Provision
Provision
Restricted Areas
ARUs and associated parking areas shall not be permitted:
i) within areas identified as the Conservation Authority
Regulation Limit on Schedule 'A' unless approved by
the Conservation Authority having jurisdiction in
accordance with this By-law;
ii) on any lot that does not have frontage on an
improved street in accordance with Section 5.33 of
this By-law;
iii) on any lot that is not connected to municipal services
in accordance with Section 5.19 of this By-law; or,
iv) on any lot containing a boarding or lodging house, a
group home, a garden suite, a converted dwelling, a
duplex dwelling, a mobile home, or a bed and
breakfast establishment.
(Added by By-Law 2023-108)
(Deleted and Replaced by By-Law 2025-046)
5.2
CARGO CONTAINERS
Where a cargo container is used for the purpose of storage accessory to a
principal use, the following provisions shall apply:
a)
a cargo container may only be permitted in a Commercial or Industrial Zone;
b)
a cargo container may only be located in the rear yard and must comply
with the rear yard depth provisions of the zone in which the said cargo
container is located;
c)
other than the rear yard depth requirement as set out in subsection above,
the placement of a cargo container shall comply with Table 5.1.1.4 -
Regulations for Accessory Buildings and Structures.
(Deleted and Replaced by By-Law 2025-046)
5.3
CONTROL OF ANIMALS AND BIRDS
Where an Animal Control By-Law has been passed by the Town, the prohibition
or regulation of the keeping of animals, birds or reptiles within any Zone shall be
controlled by such By-Law.
5.4
DWELLING UNITS BELOW GRADE
(Deleted by By-Law 2021-023)
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-8
Town of Tillsonburg Zoning By-Law Number 3295
5.5
EROSION HAZARD AREAS
5.5.1
DEFINITION OF EROSION HAZARD AREAS
Erosion hazard areas shall correspond to the fill regulated areas
established by the Long Point Region Conservation Authority, as indicated
on Schedule "A" of this By-Law.
5.5.2
PERMITTED USES
All of the uses of the underlying zone may be permitted within an erosion
hazard area, subject to complying with the provisions of a geotechnical
study, undertaken by the applicant pursuant to Section 3.2.8.2.1 of the
County of Oxford Official Plan. Existing buildings and structures shall be
recognized as permitted uses within an erosion hazard area, provided that
any expansion or change of use of such buildings and structures shall also
be subject to compliance with the provisions of a geotechnical study as
indicated above.
Notwithstanding the uses permitted above, new institutional uses,
emergency services and the disposal, manufacture, treatment or storage
of hazardous substances, including manure, shall be prohibited within an
erosion hazard area.
5.5.3
ZONE REQUIREMENTS
All other zone provisions of the underlying zone shall continue to apply
within erosion hazard areas, unless new provisions are recommended by
the geotechnical study. Where new provisions are recommended by a
geotechnical study, a Zoning By-Law amendment shall be required to
incorporate such provisions into this By-Law.
5.5A
EMERGENCY CARE ESTABLISHMENT
An Emergency Care Shelter may not be located on lands fronting or flanking onto
Broadway within the CC or EC Zone.
(Added by By-Law 2025-046)
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-9
Town of Tillsonburg Zoning By-Law Number 3295
5.6
ESTABLISHED BUILDING LINE
Notwithstanding any provisions of this By-Law to the contrary, where a single
detached, semi-detached or duplex dwelling or an accessory use thereto is to be
erected in a built up area and there is an established building line, such dwelling
or accessory use may be erected closer to the street line or the centre line of the
street, as the case may be, than required by this By-Law, provided such dwelling
or accessory use is not erected closer to the street line or to the centre line of the
street, as the case may be, than the established building line on the date of
passing of this By-Law. In no event shall any building or structure be erected
closer than 3 m (9.8 ft) to the front lot line.
5.7
EXCEPTIONS FOR EXISTING LOTS
Where a lot having a lot area, lot depth, and/or lot frontage of not more than 20%
less than that required by this By-Law is held under distinct and separate
ownership from abutting lots as shown by a registered conveyance in the records
of the Registry or Land Titles Office at the date of the passing of this By-Law, or
where such a lot is created as a result of an expropriation, such smaller lot may
be used and a building or structure may be erected, altered or used on such
smaller lot, provided that all other requirements of this By-Law are complied with.
Where a plan of subdivision has obtained draft plan approval prior to the date of
passing of this By-Law, such subdivision may proceed to final approval and
registration notwithstanding that the lots contained therein may have a lot area,
lot depth and/or lot frontage which are less than required by the By-Law. Upon
registration of the subdivision the lots shall be considered as existing lots for the
purposes of applying the provisions of this section.
5.8
FLOOD AND FILL AREAS
5.8.1
EXTENT OF THE FLOOD PLAIN AND FILL REGULATED AREA
The Flood Plain and Fill Regulated Area apply to lands within the
Regulatory Flood Plain and Fill Regulated Area established by the Long
Point Region Conservation Authority. Where the Conservation Authority
has not established flood lines, proponents may be required to complete
such mapping to the satisfaction of the Conservation Authority, prior to
development. The Zoning Officer shall notify the Conservation authority of
development plans within the Regulated Area to determine whether such
flood plain mapping is required and to obtain written confirmation from the
Conservation Authority that the proposed development complies with all
applicable regulations.
Until Significant Valleylands have been defined through study, they will be
defined as the lands associated with the Regulatory Flood Plain or Fill
Regulated Area established by the Conservation Authority.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-10
Town of Tillsonburg Zoning By-Law Number 3295
5.8.2
IDENTIFICATION OF THE FLOOD PLAIN AND FILL REGULATED AREA
The Regulatory Flood Line is shown by a dotted line indicating the area
subject to flood regulations on Schedule "A" of this By-Law. A dashed
bracket on Schedule "A" of this By-Law shows the limits of the Fill
Regulated Area.
5.8.3
PERMITTED USES WITHIN THE REGULATORY FLOOD PLAIN
Only the following uses are permitted within the area of the Regulatory
Flood Plain, provided that they are also permitted in the underlying zone:
-
flood control works;
-
a park;
-
a public use in accordance with the provisions of Section 5.25 of
this By-Law;
-
a sand or gravel pit;
-
a stone quarry;
-
a conservation project;
except that no buildings or structures shall be permitted unless accessory
to flood control works or a conservation project. All other uses not
explicitly listed above, shall be prohibited within the area of the Regulatory
Flood Line.
5.8.3.1
FILL REGULATED AREA
All uses of the underlying zone are permitted within the Fill Regulated
Area, except that no buildings, structures or site alteration are permitted
without a permit from the Conservation Authority with jurisdiction.
5.8.4
PERMITTED USES IN SIGNIFICANT VALLEYLANDS
All uses of the underlying zone are permitted within and adjacent to
Significant Valleylands subject to the provisions of an Environmental
Impact Study required by Sections 3.2.6 and 3.2.11 of the County of
Oxford Official Plan. For the purposes of this provision, adjacent lands
shall be defined as those lands located within 50.0 m (164 ft) of a
Significant Valleyland. Notwithstanding this provision, an Environmental
Impact Study will not be required if an exemption is granted under Section
3.2.6 of the County of Oxford Official Plan.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-11
Town of Tillsonburg Zoning By-Law Number 3295
5.8.5
ZONE REQUIREMENTS
All other zone provisions of the underlying zone shall continue to apply
within the Flood Line and Regulated Area Limit, unless an Environmental
Impact Study recommends new provisions. Where new provisions are
recommended by an Environmental Impact Study, a Zoning By-Law
amendment shall be required to incorporate such provisions into this
By-Law.
5.9
GARDEN SUITES
(Deleted by By-Law 2025-046)
5.10 GREATER RESTRICTIONS
This By-Law shall not be effective to reduce or mitigate any restrictions lawfully
imposed by a governmental authority having jurisdiction to make such
restrictions.
5.11 GROUNDWATER RECHARGE AREAS
(Deleted by By-Law 2021-023)
5.12 GROUP HOMES
5.12.1
WHERE PERMITTED
Notwithstanding any other provision of this By-Law to the contrary, a
Group Home is permitted to occupy the whole of an individual dwelling
unit, a single detached dwelling, a semi-detached dwelling, a duplex
dwelling, a multiple unit dwelling and a street fronting townhouse dwelling,
provided the total number of residents within the building structure does
not exceed eight (8). The dwelling must have 20 m2 (216 ft2) of gross floor
area per person residing within the unit.
5.12.2
ZONE REQUIREMENTS
A Group home shall comply with the zone provisions for dwellings
permitted in the zone in which such use is located.
5.13 HOME OCCUPATION
5.13.1
WHERE PERMITTED
A home occupation is permitted, subject to complying with all appropriate
zoning provisions, in all zones permitting a residential dwelling unit and
shall be permitted within the residential dwelling unit.
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-12
Town of Tillsonburg Zoning By-Law Number 3295
5.13.2
FLOOR AREA LIMIT
Not more than the cumulative total of 25 m2 (269.1ft2) of gross floor area
of the residential dwelling unit shall be used for the purposes of the home
occupation use.
5.13.3
STORAGE, DISPLAY AND SIGNAGE
There shall be no external storage of goods or materials and no external
display or advertising other than one (1) unlit sign with an area of not more
than 1 m2 (10.8 ft2), directly attached to the wall of the residential dwelling
unit.
5.13.4
ADVERTISEMENT
Media advertising of the home occupation shall be restricted to the
publishing of the home occupation and telephone number, but no
municipal address.
5.13.5
EMPLOYEES
There are no persons employed other than a member of the family
residing on the lot.
5.13.6
RETAIL SALES
Retail sale of items shall be prohibited, except for items made as part of
an approved home occupation.
5.13.7
REPAIR USES
Repair of goods shall be prohibited, except for household appliances and
electronic equipment as part of an approved home occupation.
5.13.8
BED AND BREAKFAST ESTABLISHMENT
A bed and breakfast establishment shall be considered a home
occupation where located in a single detached dwelling. Notwithstanding
the gross floor area limit for a home occupation in Section 5.13.2, a bed
and breakfast establishment shall be limited to three (3) guest rooms.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-13
Town of Tillsonburg Zoning By-Law Number 3295
5.13.9
HOME DAYCARE
A home daycare, located in a single detached dwelling, a semi-detached
dwelling, a duplex dwelling, a street fronting townhouse, or a converted
dwelling with accommodation for up to and including six (6) children, shall
be considered a home occupation. The gross floor area limit for a home
occupation in subsection 5.13.2 shall not apply to a home daycare.
(Deleted & Replaced by By-Law 2023-080)
5.13.10
PARKING
Off-Street parking shall be provided in accordance with Section 5.24.
5.13.11
ZONE REQUIREMENTS
The home occupation shall comply with all other zone requirements of the
zone in which such home occupation is located.
The home occupation shall not include the shipping or receiving of goods
or materials by commercial motor vehicles greater than 20,000 kg (gross
vehicle weight).
Notwithstanding any provisions contained in this By-Law, no accessory
buildings or yards in a residential zone shall be used for any home
occupation.
(Deleted and Replaced by By-Law 2025-046)
5.14
LOADING PROVISIONS
See Section 5.24.6 of this By-Law.
(Deleted and Replaced by By-Law 2025-046)
5.15 LOTS CONTAINING MORE THAN ONE USE
5.15.1
LOT AREA AND LOT FRONTAGE REQUIREMENTS
Where a lot contains more than one (1) use, which is not an accessory use,
the lot area requirement shall be the sum of the requirements for each
separate use. The lot frontage requirement shall be the greatest of the lot
frontage requirements for each separate use in the zone where such lot is
located.
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-14
Town of Tillsonburg Zoning By-Law Number 3295
5.16
LOTS DIVIDED INTO MORE THAN ONE ZONE
Where a lot is divided into more than one (1) zone, each such portion of the lot
shall be used in accordance with the provisions of this By-Law for the zone where
such portion of the lot is located. However, for the purposes of determining
minimum lot area and minimum lot frontage, the entire lot shall be considered, with
the exception of any areas covered by an environmental protection overlay or
located within a flood plain, as identified on Schedule "A" of this By-Law.
5.16A METHADONE CLINICS AND METHADONE DISPENSARIES
5.16A.1
GENERAL PROVISIONS
Notwithstanding any other provision contained in the By-Law that may
apply, the following specific provisions shall apply to a Methadone Clinic
and/or a Methadone Dispensary.
i)
PARKING
Minimum
1 space per 15 m2 (161 ft2)
ii)
WAITING ROOM AREA
Minimum - Methadone Clinic
15% of the gross floor area
5.16A.2
PUBLIC HOSPITALS
Notwithstanding any other provision contained in this By-Law, a
Methadone Clinic and/or a Methadone Dispensary shall be permitted on
any lot on which a Public Hospital is operated.
(Added by By-Law 3788)
5.17 MOBILE FOOD VENDING
A mobile food vending unit shall only be permitted in the Service Commercial,
Neighbourhood Commercial, and Industrial zones and shall be subject to
municipal licensing standards.
5.18 MOBILE VENDING UNIT
A mobile vending unit shall only be permitted in the Service Commercial,
Neighbourhood Commercial, and Major Institutional Zones, and shall be subject
to municipal licensing standards.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-15
Town of Tillsonburg Zoning By-Law Number 3295
5.19 MUNICIPAL SERVICES
5.19.1
No land shall be used or built upon and no building or structure shall be
erected, used or expanded for any purpose unless the land is serviced by
municipal services (municipal water, sanitary sewers, drainage systems
and improved streets) which meet the municipal standards in effect and
have adequate capacity to service the use or development.
5.19.2
Notwithstanding the foregoing, the following may be permitted without full
municipal services:
5.19.2.1
Additions to existing residential dwellings and construction of buildings
and structures accessory to existing residential dwellings, provided the
said additions and/or accessory buildings comply will all other provisions
of the zone in which the dwelling is located and do not require any other
approval under the Planning Act, R.S.O. 1990.
(Deleted and Replaced by By-Law 2021-023)
5.19.2.2
Mobile food vending units shall not be required to connect to municipal
services.
5.20 NOISE AND VIBRATION
5.20.1
SEPARATION OF NOISE SENSITIVE LAND USES FROM INDUSTRIAL USES
Notwithstanding any provision within this By-Law to the contrary, the
development of a noise sensitive land use shall not be permitted within the
following minimum separation distances:
-
20 m (65 ft) from a Class I industrial facility on an industrially zoned
lot;
-
70 m (230 ft) from a Class II industrial facility on an industrially
zoned lot; or
-
300 m (984 ft) from a Class III industrial facility on an industrially
zoned lot or an existing rail yard;
-
300 m (984 ft) from an un-built lot in an industrial zone or a future
development zoned lot which is designated for industrial purposes
on Schedule T-1 of the County Official Plan.
The above minimum separation distances shall also apply to the
development of Class I, II or III industrial facilities in proximity to existing
noise sensitive land uses located on lots in a Residential, Institutional or
OS2 zone.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-16
Town of Tillsonburg Zoning By-Law Number 3295
5.20.2
MEASUREMENT OF SEPARATION DISTANCE
The minimum separation distance specified in Section 5.20.1 shall be
measured as the shortest distance between the lot line of the lot
containing the existing or proposed noise sensitive land use and the lot
line of the industrial or future development zoned lot.
5.20.3
EXCEPTIONS
The minimum separation distances in Section 5.20.1 shall not prevent the
construction of a dwelling, provided that:
-
Such dwelling is located on an appropriately zoned lot in a
registered plan of subdivision, or an appropriately zoned lot created
through consent; or
-
Such dwelling is located on an appropriately zoned lot of record,
which is not located within a registered plan of subdivision, and is
located no closer to any industrial use identified in Section 5.20.1
than one (1) or more existing noise sensitive land uses located on
appropriately zoned lots, provided that such uses are located
between the lot to contain the proposed dwelling and the identified
industrial use.
5.20.4
SETBACK ADJACENT TO A RAILWAY
Notwithstanding any other provisions of this By-law to the contrary, where
any lot line or portion thereof abuts a railway right-of-way, the setback and
other noise mitigation measures shall be established with consultation
from the owner of the Railway.
5.21
NON-CONFORMING USES, SITES AND BUILDINGS
5.21.1
CONTINUATION OF EXISTING USES
The provisions of this By-Law shall not prevent the use of any lot, building
or structure for any purpose prohibited by this By-Law if such lot, building
or structure was lawfully used for such purpose on the date of passing of
this By-Law, and provided that it continues to be used for that purpose.
For the purpose of this By-Law, a barn used for housing livestock shall be
deemed to comply with this provision, provided that it continues to be used
to house the same type of livestock as it did on the date of passing of the
By-Law.
For the purposes of this By-Law, lawfully used will be restricted, for the
purposes of proof, to existing as of April 26th, 1977.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-17
Town of Tillsonburg Zoning By-Law Number 3295
5.21.2
NON-CONFORMING BUILDING LOCATION
Notwithstanding any of provisions of this By-Law to the contrary, any
building or structure, which lawfully existed at the date of passing of this
By-Law, shall be deemed to comply with the relevant provisions of this By-
Law pertaining to setbacks from a street line, yards and lot coverage,
provided that no portion of any such building or structure encroaches on
any abutting road allowance or lot. Extensions or additions to any such
building or structure shall still be subject to the provisions of Section
5.21.7.
5.21.3
HOW NON-CONFORMING RIGHTS LOST
Non-conforming rights shall be considered to be extinguished in the
following situations:
(a)
where a building or structure containing or otherwise used in
connection with a non-conforming use is more than 50%
accidentally damaged or demolished and is not repaired and
reoccupied within one (1) year;
(b)
where the non-conforming use is discontinued for a period
exceeding six (6) months;
(c)
in the case of a recreational vehicle in a Residential Zone and such
vehicle is in excess of 3.7 m (12.1 ft) in height, where the non-
conforming use is removed from the lot for a period exceeding thirty
(30) consecutive days;
(d)
in the case of a recreational vehicle in a Residential Zone that is
stored in a manner that is non-conforming with Section 5.34 of this
Zoning By-law, where the said recreational vehicle is removed from
the lot for a period exceeding thirty (30) consecutive days;where a
non-conforming use is changed without the permission of the Town
of Tillsonburg Committee of Adjustment, or where applicable, a
decision rendered by the Ontario Municipal Board.
5.21.4
BUILDING PERMIT ISSUED
The provisions of this By-Law shall not apply to prevent the erection or use for a
purpose prohibited by this By-Law of any building or structure, the plans for
which have been approved, prior to the date of passing of this By-Law by the
Chief Building Official, so long as the building or structure when erected is used
and continues to be used for the purpose for which it was erected and provided
the erection of such building or structure is commenced within one (1) year after
the date of passing of this By-Law.
(Deleted and Replaced by By-Law 2025-046)
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-18
Town of Tillsonburg Zoning By-Law Number 3295
5.21.5
STRENGTHENING OF NON-CONFORMING BUILDINGS
Nothing in this By-Law shall prevent the strengthening to a safe condition
any building or structure or part of any building or structure which does not
comply with the zone provisions provided that the alteration or repair does
not increase the height, size or volume of the building or structure or
change the use of the building or structure.
5.21.6
REPLACEMENT OF NON-CONFORMING BUILDINGS
Where a non-conforming building or structure is damaged or demolished
due to an accidental cause, or is in poor state of repair, nothing in this By-
Law shall prevent the replacement of the non-conforming or non-
complying building or structure provided that:
5.21.6.1
the building or structure is occupied by the same use or by a permitted
use;
5.21.6.2
the building or structure is located on or within the limits of the foundation
walls of the building or structure as they existed prior to such destruction;
5.21.6.3
the height and gross floor area of such replacement does not exceed the
height and gross floor area of the building as it existed prior to such
destruction;
5.21.6.4
the building or structure does not encroach on a municipal road allowance;
and
5.21.6.5
the building or structure is replaced and reoccupied within one (1) year of
such destruction.
5.21.7
EXTENSIONS TO NON-CONFORMING BUILDINGS
Nothing in this By-Law shall prevent an extension or an addition being
made to a non-conforming use, building or structure provided that:
5.21.7.1
the use, building or structure existed at the date of passing of this By-Law
but does not comply with one (1) or more of the zone provisions of this
By-Law; and
5.21.7.2
that such extension or addition does not contravene any of the zone
provisions of this By-Law.
5.21.7.3
Notwithstanding Section 5.21.7.2, for a residential use in any residential
zone or EC zone that such extension of addition does not further
contravene any of the zone provisions of this By-Law.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-19
Town of Tillsonburg Zoning By-Law Number 3295
5.21.8
NON-CONFORMITY DUE TO PUBLIC ACQUISITION
Where the area of a lot is reduced as a result of the public acquisition of a
part of a lot and where this acquisition causes any building or structure
existing on the lot to become non-conforming relative to the zone
provisions, then nothing in this By-Law shall prevent the continued use of
the building or structure provided that no subsequent change is made to
the lot which would increase the extent of the non-conformity.
Where a vacant lot is reduced as a result of the public acquisition of part
of the lot such that the zone provisions relating to lot frontage, lot depth,
and/or lot area become non-conforming, then nothing in this By-Law shall
prevent the erection of a building provided that all other zone provisions
are complied with.
5.22 OUTDOOR DISPLAY AREAS
5.22.1
PERMITTED IN ALL COMMERCIAL ZONES
An outdoor display area is a permitted use in all commercial zone
categories, unless otherwise indicated by an approved site plan.
5.22.2
REGULATIONS
An outdoor display area is subject to the following additional regulations:
a)
it must not be located within any required parking area, sidewalk or
facility for pedestrian movement;
b)
notwithstanding any required yard setbacks of the applicable zone,
an outdoor display area may project to within 1.2 m (3.9 ft) of the lot
line provided that it is outside of any corner lot sight triangle;
c)
notwithstanding any provision of the applicable zone, an outdoor
display area shall not be included in the calculation of gross floor
area or required parking spaces.
5.22.3
ENCROACHMENT INTO MUNICIPAL ROAD ALLOWANCE
Despite Section 5.22.2, an outdoor display area may be permitted to
encroach on an improved street only where it will not interfere with
pedestrian or vehicular traffic and only with the written approval of the
Corporation.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-20
Town of Tillsonburg Zoning By-Law Number 3295
5.23 OUTDOOR PATIOS
5.23.1
OUTDOOR PATIOS PERMITTED
An outdoor patio is permitted where it is operated as part of an eating
establishment, tavern, community complex, refreshment room, institutional
hall or golf course listed as a permitted use in the applicable zone
provisions.
5.23.2
LOCATION
An outdoor patio shall only be established in accordance with the following
criteria:
a)
an outdoor patio is prohibited in a yard abutting a Residential,
Entrepreneurial or Institutional Zone;
b)
an outdoor patio is prohibited within any yards abutting a street if a
Residential Zone or Entrepreneurial Zone is located on the opposite
side of the street; and
c)
a terraced or rooftop patio is not permitted on any property abutting
a Residential Zone.
5.23.3
PARKING
The gross floor area of any outdoor patio shall be included for the
purposes of calculating required parking in accordance with Table
5.24.2.1.
5.23.4
ENCROACHMENT INTO REQUIRED YARDS
Despite any required yard setbacks of the applicable zone, an outdoor
patio may project to within 1.2 m (3.9 ft) of the lot line provided that the
criteria of Section 5.23.2 are complied with.
5.23.5
ENCROACHMENT INTO MUNICIPAL ROAD ALLOWANCE
An outdoor patio, in the Central Commercial (CC) zone, may be permitted
to encroach onto an improved street only where it will not interfere with
pedestrian or vehicular traffic and only where a valid encroachment
agreement has been entered into with the Corporation and remains in
good standing.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-21
Town of Tillsonburg Zoning By-Law Number 3295
5.24 PARKING PROVISIONS
5.24.1
GENERAL REQUIREMENTS FOR PARKING AREAS
5.24.1.1
OFF-STREET PARKING AREAS REQUIRED
Unless otherwise stated in this By-Law, motor vehicle parking spaces
must be provided on the same lot as the building to which such parking is
associated in accordance with the parking standards set out in Section
5.24.2.
5.24.1.2
MORE THAN ONE USE PER LOT
In a building or structure in which more than one (1) use is located, the
total requirement for parking will be the sum of the requirements applied to
each separate use, unless otherwise expressly stated.
5.24.1.3
PARTS TO BE CONSIDERED AS REQUIRED SPACES
Where the application of the parking standards as set out in Section
5.24.2, results in part of a parking space being required, such part will be
considered as one (1) required space.
5.24.1.4
USE OF PARKING AREAS AND SPACES
5.24.1.4.1
All required parking spaces must be used exclusively for that purpose and
must not be used for any other purpose.
If one (1) or more required parking spaces are to be provided in an
attached or detached garage, each space shall have a minimum width of
2.7 m (8.86 ft) and minimum length of 6 m (19.7 ft) and shall remain
unobstructed at all times.
5.24.1.4.2
Where a parking area or space is permitted or required under this By-Law,
no person shall use such area or space, in any zone, for parking any
motor vehicle unless such vehicle is operative, used in operations
incidental to the permitted uses in respect of which such parking area or
space is provided, and bearing a motor vehicle license plate which is
currently valid.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-22
Town of Tillsonburg Zoning By-Law Number 3295
5.24.1.4.3
COMMERCIAL MOTOR VEHICLES AND TRACTOR TRAILERS IN RESIDENTIAL
ZONES
No person shall use any lot, building or structure in a Residential or
Entrepreneurial Zone for the parking or storage of any commercial motor
vehicle unless he or she is the owner or occupant of such lot, building or
structure, and provided that said vehicle shall not exceed 3.7 m (12.1 ft) in
height (including any attached equipment), measured from grade, and
7.0 m (23.0 ft) in overall length, and shall have a single axel. No more
than one (1) commercial vehicle is permitted to be parked or stored in
accordance with this Section.
No person shall use any lot, building or structure in a Residential Zone or
Entrepreneurial Zone for the parking or storage of any tractor-trailer or part
thereof. The provision of this subsection shall not include commercial
motor vehicles or tractor-trailers, which temporarily attend at residential
premises for the purpose of delivery and/or service provided to the
occupants of such residential premises.
5.24.1.5
ACCESS TO PARKING SPACE
A parking space must have unobstructed access from a public street or
public lane by either a driveway or an aisle leading to a driveway.
5.24.1.6
PARKING SPACE AND PARKING AISLE STANDARDS
Motor vehicle parking spaces and parking aisles shall comply with the
standards set out in Table 5.24.1.6 and be in accordance with
Schedule "C" of this By-Law.
TABLE 5.24.1.6 - PARKING SPACE AND AISLE STANDARDS
Angle of the Parking
Spaces
Minimum
Perpendicular Width
of the Aisle
Minimum Depth of
Parking Space
Minimum Width of
Parking Space
30 degree
3.4 m (11.2 ft)
4.6 m (15.1 ft)
2.7 m (8.9 ft), except for
parking spaces flanking a
wall, fence or other
obstruction, which shall
be 3 m (9.8 ft) and except
for a street fronting
townhouse dwelling which
may be reduced to 2.59
m (8.5 ft);
Minimum Size of a
Parking Space in an
enclosed Garage
6 m (19.7 ft) x 2.7 m (8.9
ft)
45 degree
3.7 m (12.1 ft)
5.5 m (18 ft)
55 degree
4.3 m (14.1 ft)
5.8 m (19 ft)
60 degree
4.9 m (16.1 ft)
5.8 m (19 ft)
65 degree
5.2 m (17.1 ft)
5.8 m (19 ft)
70 degree
5.5 m (18 ft)
5.8 m (19 ft)
90 degree
7.3 m (24 ft)
5.5 m (18 ft)
parallel parking
4 m (13.1 ft) for one
way traffic and 6 m
(19.7 ft) for two-way
traffic
6.5 m (21.3 ft)
angle other than those
listed
shall meet the requirements for the angle of
parking which is greater than the angle being
provided
(Deleted and Replaced by By-Law 2024-003)
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-23
Town of Tillsonburg Zoning By-Law Number 3295
5.24.1.7
DRIVEWAY STANDARDS
The following standards apply to driveways providing ingress and egress
to parking spaces:
5.24.1.7.1
Minimum Width One-Way Access
Where the access to a parking space is provided directly by a driveway
from a public street, the driveway must be at least 3 m (9.8 ft) in width;
5.24.1.7.2
Width of Joint Access
Where a joint ingress and egress driveway is provided to a parking aisle,
the driveway width measured along the street line shall be at least 6.7 m
(22 ft) in width and no more than 9 m (29.5 ft) in width, or as approved in
an approved site plan.
(Deleted and Replaced by By-Law 2025-046)
5.24.1.7.3
Maximum Driveway Width - Residential Zones
Within a residential zone, a maximum of 60% of either the area of the front
yard or lot frontage, or the area or width of the exterior side yard, may be
occupied by a driveway or parking area except for street fronting
townhouse dwellings where a maximum of 84% of either the area of the
front yard or lot frontage, or the area or width of the exterior side yard, or a
maximum of 5.18 m (17 ft) may be occupied by a driveway or parking
area.
(Deleted and Replaced by By-Law 2024-003)
(Deleted and Replaced by By-Law 2025-046)
5.24.1.7.4
Number of Driveways Permitted
Every lot shall be limited to not more than two (2) driveways for the first
30 m (98.4 ft) of frontage; and not more than one (1) additional driveway
for each additional 30 m (98.4 ft) of frontage.
5.24.1.7.5
Distance From Intersection
The minimum distance between a driveway and an intersection of street
lines is 7.5 m (24.6 ft).
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-24
Town of Tillsonburg Zoning By-Law Number 3295
5.24.1.8
PARKING AREA SURFACE
Each parking area and driveway connecting the parking area with a street
shall be maintained with a stable surface that is treated so as to prevent
the raising of dust or loose particles and shall, before being used, be
constructed of recycled asphalt, asphalt or concrete, or a material as per
an approved site plan.
(Deleted and Replaced by By-Law 2021-023)
(Deleted and Replaced by By-Law 2025-046)
5.24.1.9
ADDITIONS TO BUILDINGS
The parking area requirements referred to herein shall not apply to any
building in existence at the date of passing of this By-Law so long as the
floor area, as it existed at such date, is not increased, and the building or
structure is used for a purpose which does not require more parking
spaces according to Section 5.24.2 of this By-Law than were required by
its use at the date of passing of this By-Law. If an addition or change of
use is made to a building or structure as it existed at the date of passing of
this By-Law, then additional parking spaces shall be provided to the
number required for such addition or change in use.
5.24.2
MOTOR VEHICLE PARKING STANDARDS
5.24.2.1
OFF-STREET PARKING REQUIRED
Off-street parking for motor vehicles must be provided as set out in
Table 5.24.2.1.
TABLE 5.24.2.1 - PARKING STANDARDS
Land Use
Category
Number of Vehicle Parking
Spaces Required
Residential Uses
- single detached dwelling
- duplex dwelling
- semi-detached dwelling
- converted dwelling
- mobile home
- street fronting townhouse dwelling
- 2 per dwelling unit
- home occupation, except a bed
and breakfast establishment
- 1
- bed and breakfast establishment
- boarding or lodging house
- 1 per guest room
- residential unit in a portion of a
non-residential building
- multiple unit dwelling
- apartment dwelling
- 1.25 per dwelling unit, plus
accessible parking
requirements as outlined in
5.24.2.2
(table cont'd on next page)
(Deleted and Replaced by By-law 2025-046)
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-25
Town of Tillsonburg Zoning By-Law Number 3295
TABLE 5.24.2.1 - PARKING STANDARDS
Land Use
Category
Number of Vehicle Parking
Spaces Required
Business Uses
- commercial school
- financial institution
- laundromat
- personal service establishment
- retail store
- service shop
- studio
- 1 per 25 m2 (269 ft2) of
gross floor area
- eating establishment
- 1 per 9 m2 (96.9 ft2) of
gross floor area
- funeral home
- 20 for the first 50 m2
(538.2 ft2) of gross floor
area plus 1 for each
additional 1.5 m2 (16.1 ft2)
of gross floor area used for
a chapel or public visitation
area.
- wholesale establishment
- 1 per 90 m2 (968.8 ft2) of
gross floor area
- hotel or motel
- 1.2 per guest room
Office Uses
- business or professional office
- government administrative offices
- 1 per 30 m2 (322.9 ft2)
gross floor area
- animal kennel
- medical centre
- veterinary clinic
- Minimum of 4 spaces or
6.0 per 100 m2 (1,076 ft2)
gross floor area, whichever
is greater
Industrial Uses
- truck transport terminal
- 1 per 100 m2 (1,076.4 ft2)
gross floor area
- warehouse
- 1 per 200 m2 (2,152 ft2) of
gross floor area
- all other industrial uses
- 5 plus 1 per 90 m2 (968.8
ft2) of gross floor area
(table cont'd on next page)
(Deleted and Replaced by By-law 2025-046)
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-26
Town of Tillsonburg Zoning By-Law Number 3295
TABLE 5.24.2.1 - PARKING STANDARDS
Land Use
Category
Number of Vehicle Parking
Spaces Required
Institutional Uses
- place of worship
- 1 for every 5 seats
capacity, or 1 for each 10
m2 (107.6 ft2) of gross floor
area used for a hall or
auditorium, whichever is
greater.
- hospital
- 1 per 3 beds or fraction
thereof
- elementary school
- 5, plus 2 per classroom, or
1 per 10 m2 (107.6 ft2) of
gross floor area in the
gymnasium or auditorium,
whichever is greater.
-Adequate off-street parking
spaces and loading spaces
for school buses shall also
be provided as determined
through an approved site
plan.
- secondary school
- 5 per classroom, or 1 per
10 m2 (107.6 ft2) of gross
floor area in the
gymnasium or auditorium,
whichever is greater.
- nursing home
- 1 per 3 beds or fraction
thereof
- group home
- 4 spaces
Leisure and
recreation type
uses
- museum
- library
- recreational or athletic
facility
- 1 per 20 m2 (215.3 ft2) of
gross floor area. Playing
areas for squash, tennis,
handball and badminton
courts are to be excluded
for the purposes of
calculating parking.
- arena or community centre
- assembly hall
- fraternal lodge or institutional hall
- place of entertainment
- 1 per 10 m2 (107.6 ft2) of
gross floor area or 1 space
for every 4 seats
whichever is greater
- bowling alley
- 4 per lane
- curling facility
- 4 per curling sheet
Other Uses
- All other uses permitted by this
By-Law other than those listed in
this table
- 1 per 40 m2 (430.6 ft2) of
gross floor area
(Deleted and Replaced by By-law 2025-046)
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-27
Town of Tillsonburg Zoning By-Law Number 3295
5.24.2.2
ACCESSIBLE PARKING
5.24.2.2.1
Accessible parking spaces are to be provided in two sizes for all non-
residential and multiple residential uses including, an apartment dwelling,
boarding or lodging house and multiple unit dwelling, as identified on
Schedule "C-3":
(i)
Type A shall have a minimum width of 3.4 m (11.2 ft) and a minimum
length of 5.5 m (18 ft).
(ii)
Type B shall have a minimum width of 2.7 m (8.9 ft) and a minimum
length of 5.5 m (18 ft).
5.24.2.2.2
REQUIRED NUMBER OF ACCESSIBLE PARKING SPACES
As part of the required off street motor vehicle parking spaces required
under Section 5.24.2.1, parking spaces dedicated for Accessible Parking
shall be provided as follows:
TABLE 5.24.2.2.2 - ACCESSIBLE PARKING STANDARDS
Total Number of
Required Vehicle
Parking Spaces
Minimum Number of
Required Accessible
Spaces
Type A Spaces
Type B Spaces
1 - 12
1
1
0
13 - 100
4% of total required
parking spaces
Where an even number of accessible
parking spaces are required an equal
number of Type A and Type B spaces
must be provided.
Where an odd number of total
accessible parking spaces are required
the additional space may be a Type B
space.
101 - 200
3% of total required
parking spaces + 1
201 - 1,000
2% of total required
parking spaces + 2
1,001 or greater
1% of total required
parking spaces + 11
5.24.2.2.3
LOCATION OF ACCESSIBLE PARKING SPACES
Accessible parking spaces shall be:
a)
constructed at the same grade as the entry to the building or entry to
the access ramp or structure designed to facilitate entry for those
requiring accessible parking;
b)
located within close proximity to the building or access ramp or
structure; and,
c)
clearly identified and reserved for the exclusive use of as accessible
parking spaces.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-28
Town of Tillsonburg Zoning By-Law Number 3295
5.24.2.2.4
ACCESSIBLE PARKING AISLE REQUIREMENTS
A parking aisle shall be provided for all accessible parking spaces and
may be shared by two adjacent parking spaces, in accordance with the
following provisions:
(i)
A parking aisle shall have a minimum width of 1.5 m (4.9 ft) and
extend the full length of the parking space
(ii)
A parking aisle shall be marked with high tonal contrast diagonal
lines, which discourages parking, where the surface is asphalt,
concrete or some other hard surface.
(Replaced by By-Law 3989)
5.24.2.3
TANDEM PARKING
Where parking is provided for a dwelling unit in an individual driveway, the
required parking for that dwelling may be provided by a tandem parking
space.
5.24.3
LOCATION OF PARKING AREAS
5.24.3.1
YARDS AND SETBACKS
Motor vehicle parking areas must be situated in accordance with the
requirements set out in Table 5.24.3.
TABLE 5.24.3 - LOCATION AND SETBACK REQUIREMENTS FOR PARKING AREAS
Zone
Yards Where
Parking is Permitted
Setback of Parking From:
Street
Line
Interior
Side Lot
Line
Rear
Lot
Line
Single detached, duplex and 2
unit converted dwellings in all
Zones
All yards
None
1.0 m
(3.3 ft)
None
Semi-detached dwellings or
street fronting townhouse
dwellings in any zone
All yards
None
None
None
RM and RH Zones and all
uses in an R3 zone, except for
a street fronting townhouse
dwelling.
Interior side yard
Rear yard
n/a
1.5 m
(4.9 ft)
1.5 m
(4.9 ft)
(table cont'd on next page)
(Deleted and Replaced by By-Law 2021-023)
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-29
Town of Tillsonburg Zoning By-Law Number 3295
TABLE 5.24.3 - LOCATION AND SETBACK REQUIREMENTS FOR PARKING AREAS
Zone
Yards Where
Parking is Permitted
Setback of Parking From:
Street
Line
Interior
Side Lot
Line
Rear
Lot
Line
Commercial, Institutional,
Industrial, Development, and
Open Space Zones
Any yard, except for
a required rear or
interior side yard
abutting a
residential or
development zone
1 m
(3.3 ft)
1.5 m
(4.9 ft)
1.5 m
(4.9 ft)
(Deleted and Replace by By-Law 2021-023)
5.24.3.2
PARKING SPACE LOCATION ON OTHER LOT
Where the owner of a building or structure proposes to provide the
required parking spaces and areas at a location other than on the same lot
as the use that requires such spaces and areas, then such spaces and
areas shall be located not more than 75 m (246.1 ft) from the said lot and
shall be located within the same zone as the said lot and held under
identical ownership. A site plan agreement shall be registered on the title
of the lands used for off-site parking, committing those spaces to the
related use.
5.24.4
QUEUE SPACE REQUIREMENTS
Where any of the uses permitted by this By-Law offer drive-through
service, off-street vehicle queue spaces leading to and from the
drive-through service must be provided in accordance with Table 5.24.4.
TABLE 5.24.4: REQUIRED VEHICLE QUEUE SPACE
Land Use
Required Number of Spaces
Automated Bank Machine situated on the
exterior of a building or free-standing kiosk.
3 before each Automated Bank Machine
Automobile Service Station/Repair Garage
1 before each service bay
1 at service bay exit if a through-bay
Motor Vehicle Washing Establishment
3 before each wash bay
2 after each wash bay
Eating establishment
10 before pick-up window
2 after pick-up window
Convenience Retail or Service Establishment
2 before service window
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-30
Town of Tillsonburg Zoning By-Law Number 3295
5.24.4.1
All required queue spaces must be provided in accordance with the
following design standards:
a)
The minimum dimensions for each queue space must be 2.7 m
(8.87 ft) in width and 6 m (19.7 ft) in length;
b)
Queue spaces must be arranged in a single waiting line in advance
and behind the drive through service window offered in accordance
with Table 5.24.4;
c)
A minimum inside turning radius for queue spaces forming a waiting
line is 7 m (23 ft)
d)
Queue spaces forming a waiting line must be unobstructed by
parking spaces or loading spaces and must be clearly delineated by
markings and barriers;
e)
Queue spaces forming a waiting line or storage space from the
service offered cannot form part of a parking aisle providing access
to a parking space;
f)
Queue spaces shall not be located in a yard abutting a Residential
Zone or Entrepreneurial Zone; and
g)
Queue spaces shall not be considered a parking space.
(Deleted and Replaced by By-Law 2025-046)
5.24.5
EXCEPTIONS - PARKING SPACE REQUIREMENTS
Notwithstanding the minimum parking requirement contained Table
5.24.2.1, within the CC zone, the following minimum parking requirements
shall apply:
a)
No additional parking spaces shall be required for any change of
use within an existing building;
b)
For uses located within a building or portion of a building
constructed after the date of passing of this By-Law, the minimum
parking requirements set out in Table 5.24.2.1 shall be applied at a
rate of 50%, with the exception of a residential use, a hotel or motel
or a shopping centre which shall be applied at the full rate.
5.24.6
LOADING PROVISIONS
5.24.6.1
LOADING SPACES REQUIRED
The owner or occupant of any lot, building or structure in a Commercial,
Institutional or Industrial Zone, erected or used for any purpose involving the
receiving, shipping, loading or unloading of persons, animals, goods, wares and
merchandise and raw materials shall provide and maintain at the premises, on
the lot occupied by the building or structure and not forming part of a street or
lane, within the zone in which such use is located, loading or unloading facilities
in accordance with the rates set out in Table 5.24.6.1.
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-31
Town of Tillsonburg Zoning By-Law Number 3295
TABLE 5.26.6.1 - LOADING SPACE REQUIREMENTS
Zone
Gross Floor Area
Number of
Loading Spaces
Required
Commercial,
Institutional, Industrial,
or Open Space Zone
350-2,000 m2 (3,767.5-21,528.5 ft2)
1
2,001-6,500 m2 (21,539.3-69,967.7 ft2)
2
6,501-12,000 m2 (69,978.5-129,171.2 ft2)
3
Greater than 12,000 m2 (129,171.2 ft2)
4
Where more than one (1) primary building is located on a lot, the loading space
requirements indicated in Table 5.26.6.1 shall be applied to each such building
individually, with any required spaces to be located immediately adjacent to the
building for which they are required.
5.24.6.2
STANDARDS FOR LOADING SPACES
All loading spaces must be rectangular and comply with the provisions of Table
5.24.6.2 below:
TABLE 5.24.6.2 - LOADING SPACE STANDARDS
Design Provision
Minimum Standard
Length
14 m (45.9 ft)
Width
4 m (13.1 ft)
Vertical Clearance
4.5 m (14.7 ft)
Location
1.5 m (4.9 ft) from an interior side or rear lot line and 15
m (49.2 ft) from a street line. In addition, no loading
space shall be located in any portion of a required yard
abutting a Residential, Future Development or
Entrepreneurial Zone.
Access Driveway Width
6 m (19.7 ft)
5.24.6.3
REDUCED LOADING SPACE STANDARDS
Notwithstanding the minimum length and width standards in Table 5.24.6.2,
where the combined gross floor area for all uses on a lot in a commercial or
institutional zone does not exceed 2,000 m2 (21,528.5 ft2), the minimum length
and width for the required loading space may be reduced to 9 m (29.5 ft) and 3.5
m (11.5 ft) respectively.
5.24.6.4
LOADING SPACE CALCULATION
The gross floor area shall be used for the purposes of calculating the requirement
to provide loading spaces.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-32
Town of Tillsonburg Zoning By-Law Number 3295
5.24.6.5
LOADING SPACE SURFACE
The driveway and loading spaces shall be constructed of asphalt, concrete,
portland cement binder, recycled asphalt, or a stable surface of crushed stone or
gravel which is maintained or treated so as to prevent the raising of dust or loose
particles, or in accordance with the material identified in an approved site plan.
5.24.6.6
ADDITIONS TO BUILDING
The loading space requirements referred to herein shall not apply to any
building in existence at the date of passing of this By-Law so long as the gross
floor area as it existed at such date is not increased. If an addition is made to
the building or structure that increases the gross floor area, then additional
loading spaces shall be provided as required by Section 5.24.6.1 of the By-Law
for such addition.
(Added by By-Law 2025-046)
5.25 PLANTING STRIPS
5.25.1
REQUIREMENTS FOR NON-RESIDENTIAL USES
5.25.1.1
Where a lot is used for any Non-Residential purpose and the interior side
or rear lot line abuts a residential use or undeveloped land in a Residential
June/25
Zone or Development Zone then a strip of land adjoining such abutting lot
line, or portion thereof, shall be used for no other purpose than a planting
strip in accordance with the provision of this subsection.
5.25.1.2
Where such lot is in an Industrial Zone and the front, side or rear lot line
abuts a portion of a street, the opposite side of which portion of the street
abuts a residential use or undeveloped land in a Residential Zone or
Development Zone, then a strip of land adjoining such abutting lot line, or
portion thereof, shall be used for no other purpose than a planting strip in
accordance with the provisions of this subsection.
5.25.2
WIDTH
Where a planting strip is required in any zone and consists of landscaping
or a landscaped earthen berm, the planting strip shall have a minimum
width of 3 m (9.8 ft). A planting strip consisting of a wooden privacy fence
shall have a minimum width of 1 m (3.3 ft).
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-33
Town of Tillsonburg Zoning By-Law Number 3295
5.25.3
CONTENTS
A planting strip shall be used for no other purpose than for a row of trees,
a continuous hedgerow of evergreens or shrubs, a berm, or a wooden
privacy fence, not less than 1.5 m (4.9 ft) high, immediately adjacent to
the lot line or portion thereof along which such planting strip is required
hereunder, arranged in such a way as to form a dense or opaque screen;
with the remainder of the strip used for shrubs, flower beds or grass,
ground cover or a combination thereof.
5.25.4
DRIVEWAYS AND WALKS
In all cases where the ingress and egress of a driveway and/or walk
extend through a planting strip, it shall be permissible to interrupt the
planting strip within 3 m (9.8 ft) of the edge of said driveway and within 1.5
m (4.9 ft) of the edge of said walks.
5.25.5
LANDSCAPED OPEN SPACE
A planting strip referred to in this subsection may form part of any
landscaped open space required by this By-Law.
5.26
PROHIBITED USES
No person shall, within the Zoned Area, use any land or construct, alter or use any
building or structure for any of the following purposes:
-
an arsenal;
-
cement, lime or sulphur works;
-
coke manufacture;
-
distilling bones, blood boiling, bone boiling, tripe boiling or extracting fish
from oil;
-
fat, grease, lard or tallow rendering or refining but not including the
manufacture of soap;
-
incineration or reduction of dead animals or offal;
-
kerosene refining;
-
a facility for the manufacture, refining or processing of hydrochloric acid,
nitric acid, picnic acid, sulphuric acid or any sulphurous acid;
-
manufacturing or storing of explosives, ammunition or fireworks;
-
a metal smelting use;
-
open storage, except where specifically listed as a permitted use;
-
petroleum refining;
-
a rendering plant;
-
a sand or gravel pit, other than a wayside sand or gravel pit;
-
a tannery for the curing and storing of rawhide, skins, leather or hair;
-
wool pulling or wool scouring;
-
any trade, business or manufacture which is deemed to be an offensive
trade within the meaning of the Public Health Act, RSO, 1990."
June/25
(Deleted and Replaced by By-Law 2025-046)
SECTION 5.0
GENERAL PROVISIONS
Page 5-34
Town of Tillsonburg Zoning By-Law Number 3295
5.27 PUBLIC USES
5.27.1 PUBLIC SERVICES
The provisions of this By-Law shall not apply to the use of any lot or to the
erection or use of any building or structure for the purpose of providing public
services:
i)
by the Corporation or the County as defined by the Municipal Act, RSO
1990, as amended;
ii)
by any utility system operated by the Corporation or another body on
behalf of the Corporation which provides said utility to the residents of the
Corporation and possesses all the necessary powers, rights, licenses and
franchises;
iii)
by any gas, oil or water pipeline, telephone line, cable television line,
internet service provider, or any similar utility service line including any
substation, transformer, regulator, compressor or similar utility service
building or structure;
iv)
by any Conservation Authority established by the Government of Ontario;
v)
by any department of the Government of Ontario or Canada;
vi)
by any public utility or agency operating an electrical distribution facility,
but shall not include electrical or other power generation; and
vii)
for any use permitted under The Railway Act or any other statute of
Ontario or Canada governing railway operations, including tracks, spurs
and other railway facilities provided that where such lot, building or
structure is located in any zone."
(Deleted and Replaced by By-Law 2025-046)
5.27.2
No goods, material or equipment shall be stored in the open, except as
permitted in such zone;
Any height of building, yard, planting strips, parking, loading, setback and
lot coverage provisions of the zone within which the use is located shall be
complied with. In Residential Zones, the use shall be enclosed in a
building designed and maintained in a manner that is generally compatible
with residential buildings of the same type permitted in such zone;
Notwithstanding the yard and setback provisions of this By-Law to the
contrary, for public water and sewage facilities in any zone, the following
provisions shall apply:
June/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-35
Town of Tillsonburg Zoning By-Law Number 3295
5.27.3
FRONT, REAR AND SIDE YARDS
Minimum Depth
1.2 m (3.9 ft)
5.27.4
STREETS AND INSTALLATIONS
Nothing in this By-Law shall prevent land to be used as a street or prevent
the installation of a watermain, sanitary sewer main, storm sewer main,
gas main, valve or meter, pipe line, lighting fixtures, group mail boxes, bus
shelters or overhead or underground hydro, telephone or other supply line
or communication line or tower provided that the location of such main,
line, tower or fixture has been approved by the Corporation.
5.27.5
EXCEPTIONS
5.27.5.1
Where in this By-Law under the heading of "USES PERMITTED", a use is
specifically permitted in a zone, which use without such reference thereto
would be permitted in any zone pursuant to the provisions of Section
5.27.1, then such use shall be deemed to be permitted only within the
zone or zones making such specific reference thereto and the said Section
5.27.1 shall not apply to such use.
5.27.5.2
Notwithstanding anything in this By-Law to the contrary, new infrastructure
or utilities will only be permitted within any Zones or Environmental
Overlay areas corresponding to the Open Space and Environmental
Protection Designations and Fish Habitat Protection Areas in the County
Official Plan, if they have been approved through an environmental
assessment process.
5.28 SALE OF FIREWORKS
The storage, sales, or display of fireworks shall be prohibited except in the
Central Commercial Zone or Service Commercial Zone, and shall be subject to
the Town of Tillsonburg "Fireworks By-law" 3510, as amended.
5.29 SIGHT TRIANGLES
On a corner lot within the triangular space formed by the street lines and a line
drawn from a point on one (1) street line to a point in the other street line, each
such point being 9 m (29.5 ft), measured along the street line from the point of
intersection of the street lines, no building, structure, planting or vehicle shall be
located in such a manner as to impede vision between a height of 0.6 m (2 ft)
and 3 m (9.8 ft) above the centre line grade of the intersecting streets.
Where the two (2) street lines do not intersect at a point, the point of intersection
of the street lines shall be deemed to be the intersection of the projection of the
street lines or the intersection of the tangents to the street lines.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-36
Town of Tillsonburg Zoning By-Law Number 3295
5.30 SIGNIFICANT ENVIRONMENTAL FEATURES
5.30.1
ENVIRONMENTAL PROTECTION 1 OVERLAY
The Environmental Protection 1 (EP1) Overlay shall apply to lands
containing the following Provincially Significant Environmental Features
which are identified in the County Official Plan:
Habitat of Endangered or Threatened Species
Provincially Significant Wetlands.
5.30.1.1
IDENTIFICATION OF THE OVERLAY
The EP1 Overlay corresponds to the features listed in Section 5.30.1 and
is identified on Schedule "A" of this By-Law. Section 2.5 of this By-Law
provides an explanation for the interpretation of these overlay areas.
5.30.1.2
PERMITTED USES
Notwithstanding the provisions of the underlying zone, no development or
site alteration shall be permitted within an EP1 Overlay, except for a use
which legally existed on the date of passing of this By-Law, provided that
no additional development or site alteration shall be permitted, except as
specified in Section 5.30.1.3; and
All other uses not listed above shall be prohibited within the area of the
EP1 Overlay.
5.30.1.3
EXISTING USES, BUILDINGS AND STRUCTURES
Any building or structure which legally existed at the date of passing of this
By-Law may be replaced, rebuilt or altered, provided that any such
replacement, rebuilding or alteration thereto does not enlarge the gross
floor area of such building or structure by more than 25%. Any such
replacement, rebuilding or alteration shall take place within the area of the
original building foundation. Any portion of a use that legally existed at the
date of passing of this By-Law and is not located within existing buildings
or structures shall only be permitted within existing cleared areas.
Notwithstanding the above paragraph, a covered or uncovered deck,
stoop and/or landing may be attached to a residential dwelling existing at
the date of passing of this By-Law, or to any residential dwelling that has
been replaced, rebuilt or otherwise altered in accordance with the above
paragraph. Any such covered or uncovered deck, stoop and/or landing
shall be constructed in accordance with Section 5.37 and shall not exceed
23.2 m2 (250 ft2) in area.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-37
Town of Tillsonburg Zoning By-Law Number 3295
5.30.1.4
ALL OTHER ZONE PROVISIONS APPLY
All other zone provisions of the underlying zone shall continue to apply
within the EP1 Overlay areas.
5.30.2
ENVIRONMENTAL PROTECTION 2 OVERLAY AND FISH HABITAT
The Environmental Protection 2 (EP2) Overlay shall apply to lands
containing the following Significant Environmental Features that are
identified in the County Official Plan:
Significant Valleylands
Significant Woodlands
Areas of Natural and Scientific Interest for the Life Sciences
Significant Wildlife Habitat
Fish Habitat shall consist of all watercourses, ponds, lakes and reservoirs
within the Town.
5.30.2.1
IDENTIFICATION OF THE EP2 OVERLAY AND FISH HABITAT
The EP2 Overlay corresponds to the features listed in Section 5.30.2 and
is identified on Schedule "A" of this By-Law. Section 2.5 of this By-Law
provides an explanation for the interpretation of these overlay areas.
Fish Habitat corresponds to all the water features listed in Section 5.30.2.
5.30.2.2
PERMITTED USES
Notwithstanding the provisions of the underlying zone, no person shall
within any EP2 Overlay, or Fish Habitat, use any lot or erect, alter or use
any building or structure for any purpose except one (1) or more of the
following uses:
-
A public use authorized through an environmental assessment
process;
-
A use which legally existed on the date of passing of this By-Law,
provided that no additional development or site alteration shall be
permitted, except as specified in 5.30.2.3;
-
a single detached dwelling on a properly zoned lot of record
created on or before April 17th, 1979, in accordance with the
permitted uses and provisions of the underlying zone;
-
a single detached dwelling on a properly zoned lot which was part
of a plan of subdivision registered or draft approved on or before
April 17th, 1979;
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-38
Town of Tillsonburg Zoning By-Law Number 3295
-
a building or structure used for flood or erosion control purposes, or
for the management of the natural environment, as approved by the
Corporation, the County, the Long Point Region Conservation
Authority and the Ministry of Natural Resources;
-
a passive use park, approved by the Corporation and the County, in
consultation with the Long Point Region Conservation Authority;
-
a farm on existing cleared areas within a future development or
industrial zone including the land application of nutrients, in
accordance with the Nutrient Management Act
-
a conservation project.
All other uses not explicitly listed above shall be prohibited within the area
of the EP2 Overlay and Fish Habitat.
5.30.2.3
EXISTING USES, BUILDINGS AND STRUCTURES
Any building or structure which legally existed at the date of passing of this
By-Law may be replaced, rebuilt or altered, provided that any such
replacement, rebuilding or alteration thereto does not enlarge the gross
floor area of such building or structure by more than 25% and is located
within an existing cleared area. Any portion of a use that legally existed at
the date of passing of this By-Law and is not located within an existing
building or structure shall be only be permitted within existing cleared
areas.
5.30.2.4
ALL OTHER ZONE PROVISIONS APPLY
All other zone provisions of the underlying zone shall continue to apply
within the EP2 Overlay areas.
5.30.3
DISTANCE FROM THE EP1 OVERLAY, EP2 OVERLAY AND FISH HABITAT WHERE
AN ENVIRONMENTAL IMPACT STUDY IS REQUIRED
5.30.3.1
Development, site alteration and stockpiling of materials within 120 m
(393.7 ft) of the EP1 Overlay must comply with the Environmental Impact
Study Requirements in Section 3.2.4.2 and 3.2.6 of the County of Oxford
Official Plan.
Notwithstanding the above, buildings or structures accessory to an
existing dwelling located within the EP1 Overlay or within 120 m (393.7 ft)
of the EP1 Overlay, may be permitted within 120 m (393.7 ft) area
adjacent to the EP1 overlay without an Environmental Impact Study, in
accordance with the provisions of Section 5.1 of this By-Law, pertaining to
accessory residential buildings and structures.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-39
Town of Tillsonburg Zoning By-Law Number 3295
5.30.3.2
Development, site alteration and stockpiling of materials within 50 m
(164 ft) of the EP2 Overlay or edge of fish habitat, except for those uses
permitted in Section 5.30.2.2, must comply with the Environmental Impact
Study Requirements in Section 3.2.4.2 and 3.2.6 of the County of Oxford
Official Plan.
Notwithstanding the above, buildings and structures accessory to an
existing dwelling within the EP2 Overlay or within 50 m (164 ft) of the EP2
overlay or fish habitat shall be permitted in accordance with the provisions
of Section 5.1 of this By-Law pertaining to accessory residential building
and structures.
5.30.4
PERMITTED USES
All of the uses of the underlying zone are permitted within the distances
specified, subject to the provisions of an Environmental Impact Study
undertaken by the applicant pursuant to Section 3.2.4.2 and 3.2.6 of the
County of Oxford Official Plan. Notwithstanding this provision, an
Environmental Impact Study will not be required if an exemption is granted
under Section 3.2.6 of the County of Oxford Official Plan.
5.30.4
ZONE REQUIREMENTS
All other zone provisions of the underlying zone shall continue to apply
within these areas, unless the Environmental Impact Study recommends
new provisions. Where new provisions are recommended by an
Environmental Impact Study, a zoning By-Law amendment shall be
required to incorporate such provisions into this By-Law.
5.31 SITE PLAN CONTROL
Where uses located within any of the zones described in this By-Law are also
within an area designated by By-Law as being subject to site plan control, they
shall be subject to the provisions of the zone as well as any requirements of the
Town of Tillsonburg's Site Plan Control By-Law and associated guidelines, as
amended.
5.32 SITES OF POTENTIAL ENVIRONMENTAL CONTAMINATION
Sites of potential environmental contamination include sites presently or formerly
used for industrial, utility or waste disposal, a landfill site, or a salvage yard.
Known sites and sites formerly zoned for industrial purposes have been placed in
a Holding Zone pursuant to Section 36 of the Planning Act, as amended. A
zoning By-Law amendment in accordance with Section 36 of the Planning Act
will be required to remove the "H" symbol.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-40
Town of Tillsonburg Zoning By-Law Number 3295
5.33 STREET FRONTAGE REQUIRED
No building or structure shall be erected, altered or enlarged on any lot which
does not have the minimum lot frontage on an improved street required for the
zone which applies to the lot.
5.34 STORAGE OR PARKING OF RECREATIONAL VEHICLES
5.34.1
No person shall in any Residential Zone use any lot for the parking or
storage of any recreational vehicle except in accordance with the following
provisions:
5.34.1.1
No parking or storage of any recreational vehicles shall be permitted
unless the principal use, building, or structure is specifically permitted by
this By-Law and is already established on the same lot;
5.34.1.2
All required parking spaces pursuant to Table 5.24.2.1 must be provided
on site;
5.34.1.3
The owner or occupant of any lot, building or structure in any Residential
Zone may store or park not more than two (2) recreational vehicles
outside. Where a recreational vehicle is kept on a trailer, the recreational
vehicle and trailer together shall be counted as one (1) recreational
vehicle.
5.34.1.4
The height of any parked or stored recreational vehicle on a lot shall be a
maximum of 3.7 m (12.1 ft) in height measured from grade to the highest
fixed point of the recreational vehicle.
5.34.1.5
When parked or stored outside of a building or structure, recreational
vehicles shall be located on the lot in accordance with Table 5.34.1.5,
Recreation Vehicle Setbacks:
TABLE 5.34.1.5 - RECREATIONAL VEHICLE SETBACKS
ALL RESIDENTIAL
ZONES
REQUIRED MINIMUM SETBACK
Front Yard
Same as that required for a main building
Exterior Side Yard
Same as that required for a main building
Interior Side Yard
1.0 m (3.28 ft)
Rear Yard
1.0 m (3.28 ft)
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-41
Town of Tillsonburg Zoning By-Law Number 3295
5.34.1.6
Notwithstanding any provision of Table 5.34.1.5 to the contrary, the
following provisions shall also apply:
i)
a recreational vehicle, other than a snowmobile, may be temporarily
parked or stored in a required front yard or exterior side yard,
provided that the recreational vehicle is parked or stored on a
driveway and is situated a minimum of 2.0 m (6.56 ft) from the edge
of pavement/ road finish;
ii)
a snowmobile may be temporarily parked or stored in a required front
yard or exterior side yard provided that the snowmobile is stored or
parked on a driveway.
5.34.2
FULLY ENCLOSED
Notwithstanding the provisions of Section 5.34.1 of this By-Law, the
limitations imposed herein shall not restrict the number of recreational
vehicles that are fully enclosed within a private garage.
5.34.3
OCCUPANCY
No recreational vehicle shall be used for human habitation except for a
temporary period not exceeding five (5) consecutive days, twice per
calendar year.
5.35 THROUGH LOTS
Where a lot which is not a corner lot has frontage on more than one (1) street,
the setback and front yard requirements contained herein shall apply on each
street in accordance with the provisions of the zone or zones in which such lot is
located.
5.36
USES PERMITTED IN ALL ZONES
5.36.1
The following uses are permitted in all zones, except (1) Zones where the
use is specifically prohibited or limited, or (2) on lands within the defined
Generic Regulation of the Long Point Region Conservation Authority.
5.36.1.1
a trailer, temporary construction camp, waste container, tool shed, scaffold
or other such building or other such temporary work camp which is incidental
to construction and provided it is located on the site where such work is
underway and provided that it shall be removed from the site within thirty
(30) days of completing the work, the buildings or structures is located
outside of any sight triangle, and the building or structures is not used for
human habitation;
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-42
Town of Tillsonburg Zoning By-Law Number 3295
The location of a trailer, building or structures shall be subject to the
following criteria:
-
the trailer, building or structure is located outside of any sight
triangle; and
-
the trailer, building or structure is not used for human habitation.
5.36.1.2
A temporary building or trailer for conducting sales of new dwelling units
provided the sales building or trailer is located within the development site
and that sales are restricted to dwelling units within that development only.
The sales building or trailer shall be setback 30 m (98.4 ft) and parking 6 m
(19.7 ft) from any existing off-site residential property abutting the
development site. The temporary sales office shall be removed from the site
within thirty (30) days of completing all sales of dwelling units.
5.36.1.3
A temporary office for conducting sales of new dwelling units may be
established within a dwelling unit located within the development site. Sales
shall be restricted to dwelling units within the development only and shall be
removed from the site within thirty (30) days of completing all sales of
dwelling units.
5.36.1.4
A gate house or kiosk in a residential or employment zone for security or
parking lot management, provided such structure does not exceed 10 m2
(107.6 ft2) of gross floor area.
5.36.1.5
(Deleted by By-Law 2021-023)
5.37 YARD, SETBACK AND HEIGHT - PERMITTED ENCROACHMENTS
5.37.1
PERMITTED PROJECTIONS INTO REQUIRED YARDS
Notwithstanding the yard requirements of this By-Law, the following
projections are permitted from a main building in accordance with the
provisions set out in Table 5.37.1.
TABLE 5.37.1 - PERMITTED PROJECTIONS INTO REQUIRED YARDS
Structure
Permitted Projections into
Required Yards
Minimum Setback
Between Projection and
Lot line
Uncovered and unenclosed
steps, not exceeding 1.2 m
(3.9 ft) above grade,
providing access to a
basement or a ground floor,
deck, stoop or landing
All Yards, no limit
Interior Side, 0.6 m (2 ft)
Front, Exterior Side and
Rear, 3 m (9.84 ft)
SECTION 5.0
GENERAL PROVISIONS
Page 5-43
Town of Tillsonburg Zoning By-Law Number 3295
TABLE 5.37.1 - PERMITTED PROJECTIONS INTO REQUIRED YARDS
Structure
Permitted Projections into
Required Yards
Minimum Setback
Between Projection and
Lot line
Fire escapes, steps
providing access above the
ground floor and balconies
above the ground floor
Rear and Interior Side Yard,
1.2 m (3.94 ft)
1.2 m (3.94 ft)
Ramps used for
handicapped access
All Yards, no limit
Interior Side, 1.2 m (3.93 ft)
Rear, 3 m (9.84 ft)
Street line, None
Balconies on apartment
buildings
All Yards, 1.5 m (4.92 ft)
None
Sills, belt courses, cornices,
pilasters, chimneys, eaves,
gutters, parapets and
pilasters and similar
architectural features,
provided that they are a
minimum of 2 m (6.56 ft)
above grade
All Yards, 0.6 m (2 ft)
None
Air conditioning units, heat
pumps, air exchangers,
fireplaces, exhaust fan
hoods and other similar
mechanical structures
All Yards, no limit
None
Generators and pool pump
equipment
Interior, Exterior, Rear Yards,
no limit
1.2 m (4 ft)
Bay windows, not exceeding
3 m (9.84 ft) in width
Front, Rear and Exterior Side
Yards, 1 m (3.3 ft)
5 m (16.4 ft)
Building cantilevers
Front and Rear Yards, 0.6 m
(2 ft)
None
Permanent window awnings,
provided that they are a
minimum of 2 m (6.56 ft)
above grade
All Yards, 1 m (3.3 ft)
5 m (16.4 ft)
Retractable-drop canopies
and awnings
Rear Yard, 3.7 m (12.1 ft)
3 m (9.8 ft)
SECTION 5.0
GENERAL PROVISIONS
Page 5-44
Town of Tillsonburg Zoning By-Law Number 3295
TABLE 5.37.1 - PERMITTED PROJECTIONS INTO REQUIRED YARDS
Structure
Permitted Projections into
Required Yards
Minimum Setback
Between Projection and
Lot line
Uncovered decks, patios,
concrete pads, and other
similar structures comprising
part of an outdoor amenity
area, exceeding 0.3 m (1 ft)
in height, but not exceeding
0.6 m (2 ft) in height.
Front and Exterior Side, 3 m
(9.8 ft)
Rear and Interior Side Yard,
No Limit
Front, Interior or Exterior
Side, 3 m (9.8 ft)
Rear or Interior Side, 1.2 m
(3.9 ft)
Uncovered decks, patios,
and porches/verandas,
exceeding 0.6 m (2 ft), but
less than 1.2 m (4 ft) in
average height
Front, Interior and Exterior
Side Yards, 1.5 m (4.9 ft)
Rear, 3.7 m (12.14 ft)
Front or Exterior Side, 3 m
(9.8 ft)
Interior Side, 1.2 m (3.9 ft)
Rear, 3 m (9.8 ft)
Uncovered decks, patios,
and porches/verandas,
exceeding 1.2 m (4 ft) in
average height
Front, Interior and Exterior
Side Yards 1.5 m (4.9 ft)
Rear, 3.7 m (12.14 ft)
Front or Exterior Side, 3 m
(9.8 ft)
Interior Side, 1.2 m (3.9 ft)
Rear, 3.8 m (12.4 ft)
Covered decks, patios, and
porches/verandas
All Yards, 1.5 m (4.92 ft)
Front or Exterior Side, 3 m
(9.8 ft).
Interior Side, 1.2 m (3.93 ft)
Rear, 7.5 m (24.6 ft)
(Amended by By-Law 3384)
(Replaced by By-Law 3989)
(Deleted and Replaced by By-Law 2021-023)
(Deleted and Replaced by By-Law 2024-003)
5.37.1.1
Notwithstanding the provisions of Section 5.37.1 the following provisions
shall also apply:
i)
no projection is permitted into a required parking area or driveway;
ii)
in a zone in which the yard setbacks for the main building are less
than the minimum yard setbacks required by Table 5.37.1 for such
structures, then they may be erected in accordance with setback
requirement for the main building, unless otherwise noted in this
By-Law; and
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-45
Town of Tillsonburg Zoning By-Law Number 3295
i)
no part of any building or structure on any lot shall project beyond
any lot line or street line of such lot, except in the case of a
projection beyond a street line, where an encroachment permit has
been approved for such projection by the Town of Tillsonburg or, in
the case of a County Road, the County of Oxford.
5.37.2
HEIGHT EXCEPTIONS
The height provisions of this By-Law shall not apply to prevent the erection
and/or use of the following uses, in zones where such uses are permitted,
and provided that such features are erected only to such height as is
necessary to accomplish their purpose:
-
a church spire, steeple or belfry;
-
a cupola, dome or other ornamental structure;
-
a flag pole;
-
a clock tower or bell tower;
-
a chimney or smoke stack;
-
a firewall,
-
a lightning rod or weathervane;
-
a sky light, elevator penthouse, water tank, mechanical penthouse
or other heating, cooling or ventilation equipment, or structure
enclosing such features;
-
a communication structure;
-
a radio or television antennae;
-
a feed mill, commercial grain elevator or silo;
-
any other similar structures.
(Deleted and Replaced by By-Law 2021-023)
5.38
SOURCE PROTECTION AREAS
5.38.1
IDENTIFICATION OF SOURCE PROTECTION AREAS
The Source Protection Overlays (SP1 and SP2), shown on Schedule "A'
of this By-Law, identify the portions of the Wellhead Protection Areas
(WHPAs) associated with the County's municipal drinking water supply
wells where a drinking water threat, as prescribed by the Clean Water Act,
2006, can be a significant drinking water threat. The mapping of these
areas in this By-Law reflects the WHPA mapping contained in the
applicable Source Protection Plans, approved under the Clean Water Act,
2006.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-46
Town of Tillsonburg Zoning By-Law Number 3295
The Source Protection Overlay 1 (SP1) applies to the portion of the WHPA
closest to the wellhead, where the majority of the prescribed significant
drinking water threats can occur. The Source Protection Overlay 2 (SP2)
applies to the remainder of the WHPA, where only certain chemical and
waste related significant drinking water threats can generally occur.
(Added by By-Law 2021-023)
5.38.2
PRESCRIBED DRINKING WATER THREATS
A list of drinking water threats, as prescribed under the Clean Water Act,
2006, is provided below for information purposes:
-
Waste disposal sites within the meaning of Part V of the
Environmental Protection Act;
-
The establishment, operation or maintenance of a system that
collects, stores, transmits, treats or disposes of sewage;
-
The application of agricultural source material to land;
-
The storage and/or management of agricultural source material;
-
The application of non-agricultural source material to land;
-
The handling and/or storage of non-agricultural source material;
-
The application of commercial fertilizer to land;
-
The handling and/or storage of commercial fertilizer;
-
The application of pesticide to land;
-
The handling and/or storage of pesticide;
-
The application, handling and/or storage of road salt;
-
The storage of snow;
-
The handling and storage of fuel;
-
The handling and storage of a dense non-aqueous phase liquid;
-
The handling and storage of an organic solvent;
-
The management of runoff that contains chemicals used in the de-
icing of aircraft;
-
An activity that takes water from an aquifer or a surface water body
without returning the water taken to the same aquifer or surface water
body;
-
An activity that reduces the recharge of an aquifer; and
-
The use of land as livestock grazing or pasturing land, an outdoor
confinement area or farm-animal yard.
These prescribed drinking water threats can only be significant drinking
water threats under very specific circumstances, as established through
the Clean Water Act and associated regulations.
June 30/25
SECTION 5.0
GENERAL PROVISIONS
Page 5-47
Town of Tillsonburg Zoning By-Law Number 3295
Any land use or activity that is, or would be, a significant drinking water
threat must conform with all applicable Source Protection Plan policies
and, as such, may be prohibited, restricted or otherwise regulated by
those polices despite any uses permitted by the zoning by-law. The SPP
policies generally prohibit the establishment of new significant drinking
water threats.
(Added by By-Law 2021-023)
5.38.3
USE PROHIBITIONS AND RESTRICTIONS IN SOURCE PROTECTION
OVERLAYS 1 & 2
Notwithstanding the permitted uses of the underlying zone, no new use,
building and/or structure that requires the issuance of a Building Permit
and/or an approval under the Planning Act shall be permitted within the
Source Protection Overlays 1 (SP1) or 2 (SP2) unless a notice, in
accordance with Section 59 of the Clean Water Act, 2006, has been
issued by the Risk Management Official in relation to such building permit
or approval.
This notice requirement shall not apply to a new use, building and/or
structure that is exclusively residential or where the Risk Management
Official has provided written guidance specifying the situations in which
the Building Official is permitted to make the determination as to whether a
Section 59 notice is required, and they have determined that such notice
is not required in accordance with that guidance.
5.38.4
SEPTIC SYSTEMS AND HOLDING TANKS WITHIN SOURCE PROTECTION
OVERLAY 1 (SP1)
Notwithstanding the permitted uses of the underlying zone, any use,
building and/or structure that would require a new septic system and/or
holding tank shall be prohibited within a Source Protection Overlay 1
(SP1). This prohibition shall not apply to a new septic systems and/or
holding tank that is required for a municipal water supply well. For the
purposes of this provision the term 'new' shall have the same meaning as
in the applicable Source Protection Plan. The Risk Management Official
shall make the final determination as to whether a use, building or
structure to be serviced by an septic system and/or holding tank is
prohibited in accordance with this provision and corresponding Source
Protection Plan policies. This provision shall in no way supersede the
requirement to connect to full municipal services, where available, as set
out in Section 5.19 of this By-Law.
(Added by By-Law 2021-023)
June 30/25