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Municipality of Trent Hills
Zoning By-law
Number 2010-105
March 2026
Office Consolidation
Page 2 of 175
TRENT HILLS COMPREHENSIVE ZONING BY-LAW: 2010-105
MARCH 2026 OFFICE CONSOLIDATION
Table of Contents
Section 1
- Interpretation ......................................................................................... 8
Section 2
- Compliance with the By-law ................................................................ 11
Section 3
- Administration, Enforcement, & Penalties ........................................... 12
Section 4
- Definitions ........................................................................................... 15
Section 5
- General Provisions .............................................................................. 61
Section 6
- Table 1 - Permitted Uses in Zones Text ............................................. 99
Section 7
- Table 2 - Provisions for Residential Uses, Text ................................ 102
Section 8
- Table 3 - Provisions for Non-Residential Uses Text ......................... 105
Section 9
- Environmental Protection (EP) Zone ................................................. 107
Section 10
- Environmental Sensitive (ES) Zone .................................................. 108
Section 11
- Open Space (OS) Zone .................................................................... 109
Section 12
- Rural (RU) Zone ................................................................................ 110
Section 13
- Agricultural (A) Zone ......................................................................... 120
Section 14
- Rural Residential (RR) Zone ............................................................. 125
Section 15
- Special Rural Residential (SRR) Zone .............................................. 132
Section 16
- Shoreline Residential (SR) Zone ....................................................... 134
Section 17
- Residential Type 1 (R1) Zone ........................................................... 135
Section 18
- Residential Type 2 (R2) Zone ........................................................... 141
Section 19
- Residential Type 3 (R3) Zone ........................................................... 143
Section 20
- Community Facility (CF) Zone .......................................................... 147
Section 21
- Development (D) Zone ...................................................................... 148
Section 22
- General Commercial (C1) Zone ........................................................ 149
Section 23
- Highway Commercial (C2) Zone ....................................................... 153
Section 24
- Local Commercial (C3) Zone ............................................................ 155
Section 25
- Recreational Commercial (C4) Zone ................................................. 157
Section 26
- General Industrial (M1) Zone ............................................................ 162
Section 27
- Extractive Industrial (M2) Zone ......................................................... 166
Section 28
- Waste Disposal Industrial (M3) Zone ................................................ 167
Section 29
- Prestige Industrial (M4) Zone ............................................................ 168
Section 30
- Oak Ridge Moraine Linkage (ORML) Zone ....................................... 169
Page 3 of 175
TRENT HILLS COMPREHENSIVE ZONING BY-LAW: 2010-105
MARCH 2026 OFFICE CONSOLIDATION
Section 31
- Oak Ridges Moraine Countryside (ORMCO) Zone ........................... 171
Section 32
- Oak Ridges Moraine Environmental Plan Review (ORMEPR) Zone 173
Section 33
- Oak Ridges Moraine Environmental (ORME) Zone ......................... 174
Section 34
- Enactment ......................................................................................... 175
Updated June 2025 to Include Zoning By-laws:
By-law Number
Title
Date Implemented
Zoning By-law 2018-076
Shipping Containers
Zoning By-law 2018-077
Secondary Units
Zoning By-law 2018-078
Livestock on Smaller Rural
Properties
Zoning By-law 2019-037
Cannabis
Zoning By-law 2019-038
Housekeeping Updates
Zoning By-law 2022-120
Trent Hills Affordable
Housing Strategy
Zoning By-law 2023-049
Trent Hills Affordable
Zoning By-law 2023-117
A By-law to Amend By-law
No. 2022-120
Zoning By-law 2025-034
Housekeeping Updates 2:
Definitions, Formatting,
Update June 2025 to Include Exception By-laws:
(i)
By-law 2011-04 .................................................................................... TH-105-01
(ii)
By-law 2012-01.................................................................................... TH-105-02
TH-105-02*
(iii)
By-law 2012-45 .................................................................................... TH-105-03
(iv)
By-law 2012-56 .................................................................................... TH-105-04
(v)
By-law 2012-57 .................................................................................... TH-105-05
(vi)
By-law 2012-60 .................................................................................... TH-105-06
(vii)
By-law 2012-105 .................................................................................. TH-105-07
(viii)
By-law 2012-106 .................................................................................. TH-105-08
(ix)
By-law 2013-24 (repealed) .................................................................. TH-105-09
(x)
By-law 2013-102 .................................................................................. TH-105-09
Page 4 of 175
TRENT HILLS COMPREHENSIVE ZONING BY-LAW: 2010-105
MARCH 2026 OFFICE CONSOLIDATION
(xi)
By-law 2013-73 .................................................................................... TH-105-10
TH-105-10*
(xii)
By-law 2013-75 .................................................................................... TH-105-11
(xiii)
By-law 2014-31 .................................................................................... TH-105-11
(xiv)
By-law 2014-56 .................................................................................... TH-105-12
(xv)
By-law 2015-49 .................................................................................... TH-105-13
TH-105-13*
(xvi)
By-law 2015-64 (repealed) .................................................................. TH-105-14
(xvii)
By-law 2016-05 .................................................................................... TH-105-14
(xviii)
By-law 2016-26 .................................................................................... TH-105-15
TH-105-15*
(xix)
By-law 2016-42 .................................................................................... TH-105-16
(xx)
By-law 2016-41 .................................................................................... TH-105-17
(xxi)
By-law 2016-43 .................................................................................... TH-105-18
(xxii)
By-law 2016-99 .................................................................................... TH-105-19
(xxiii)
By-law 2016-100 .................................................................................. TH-105-20
(xxiv)
By-law 2016-96 .................................................................................... TH-105-21
(xxv)
By-law 2016-109 .................................................................................. TH-105-22
(xxvi)
By-law 2017-18 .................................................................................... TH-105-25
(xxvii) By-law 2017-20 .................................................................................... TH-105-26
(xxviii) By-law 2017-21 .................................................................................... TH-105-27
(xxix)
By-law 2017-29 .................................................................................... TH-105-28
(xxx)
By-law 2017-39 .................................................................................... TH-105-29
(xxxi)
By-law 2017-52 .................................................................................... TH-105-30
(xxxii) By-law 2017-85 .................................................................................... TH-105-31
(xxxiii) By-law 2017-98 .................................................................................... TH-105-32
(xxxiv) By-law 2018-005 .................................................................................. TH-105-33
TH-105-34
(xxxv) By-law 2018-015 .................................................................................. TH-105-35
(xxxvi) By-law 2018-017 .................................................................................. TH-105-36
(xxxvii) By-law 2018-027 .................................................................................. TH-105-37
(xxxviii) By-law 2018-045 .................................................................................. TH-105-38
(xxxix) By-law 2018-081 .................................................................................. TH-105-39
Page 5 of 175
TRENT HILLS COMPREHENSIVE ZONING BY-LAW: 2010-105
MARCH 2026 OFFICE CONSOLIDATION
(xl)
By-law 2019-071 .................................................................................. TH-105-40
(xli)
By-law 2019-072 .................................................................................. TH-105-41
(xlii)
By-law 2019-075 .................................................................................. TH-105-42
(xliii)
By-law 2019-076 .................................................................................. TH-105-43
(xliv)
By-law 2019-082 .................................................................................. TH-105-44
(xlv)
By-law 2020-012 .................................................................................. TH-105-45
TH-105-45*
(xlvi)
By-law 2020-015 .................................................................................. TH-105-46
(xlvii)
By-law 2020-022 .................................................................................. TH-105-47
(xlviii) By-law 2020-081 .................................................................................. TH-105-48
(xlix)
By-law 2021-015 .................................................................................. TH-105-49
(l)
By-law 2021-019 .................................................................................. TH-105-50
(li)
By-law 2021-050 .................................................................................. TH-105-51
(lii)
By-law 2021-051 .................................................................................. TH-105-52
(liii)
By-law 2021-055 .................................................................................. TH-105-53
(liv)
By-law 2021-056 .................................................................................. TH-105-54
(lv)
By-law 2021-057 ........................................................................................... R1-7
(lvi)
By-law 2021-059 .................................................................................. TH-105-55
(lvii)
By-law 2021-073 .................................................................................. TH-105-57
(lviii)
By-law 2021-075 .................................................................................. TH-105-58
(lix)
By-law 2021-089 .................................................................................. TH-105-59
(lx)
By-law 2022-006 .................................................................................. TH-105-60
(lxi)
By-law 2022-050 .................................................................................. TH-105-61
(lxii)
By-law 2022-071 .................................................................................. TH-105-62
(lxiii)
By-law 2023-101 .................................................................................. TH-105-63
(lxiv)
By-law 2022-070 .................................................................................. TH-105-64
(lxv)
By-law 2022-084 .................................................................................. TH-105-65
(lxvi)
By-law 2022-106 .................................................................................. TH-105-66
(lxvii)
By-law 2022-111 .................................................................................. TH-105-67
(lxviii) By-law 2022-114 .................................................................................. TH-105-68
(lxix)
By-law 2022-115 .................................................................................. TH-105-69
(lxx)
By-law 2022-121 .................................................................................. TH-105-70
Page 6 of 175
TRENT HILLS COMPREHENSIVE ZONING BY-LAW: 2010-105
MARCH 2026 OFFICE CONSOLIDATION
(lxxi)
By-law 2022-127 .................................................................................. TH-105-71
(lxxii)
By-law 2023-052 .................................................................................. TH-105-72
(lxxiii) By-law 2023-069 .................................................................................. TH-105-73
(lxxiv) By-law 2023-088 .................................................................................. TH-105-74
(lxxv)
By-law 2023-116 .................................................................................. TH-105-75
(lxxvi) By-law 2023-098 .................................................................................. TH-105-76
(lxxvii) By-law 2023-110 .................................................................................. TH-105-77
(lxxviii) By-law 2023-110 .................................................................................. TH-105-78
(lxxix) By-law 2023-113 .................................................................................. TH-105-79
(lxxx)
By-law 2023-149 .................................................................................. TH-105-80
(lxxxi) By-law 2023-149 .................................................................................. TH-105-81
(lxxxii) By-law 2024-032 .................................................................................. TH-105-82
(lxxxiii) By-law 2024-043 .................................................................................. TH-105-83
(lxxxiv) By-law 2024-084 .................................................................................. TH-105-84
(lxxxv) By-law 2024-086 .................................................................................. TH-105-85
Plates
b)
Plate A ................................................................................................. Zone Maps 1
c)
Plate B ....................................................................... Oak Ridges Moraine - Zoning
d)
Plate C .................................... Oak Ridges Moraine - Landform Conservation Area
e)
Plate D .................................... Oak Ridges Moraine - Areas of Aquifer Vulnerability
Tables
(i)
Table 1 - Permitted Uses and Activities in General Zone Categories
(ii)
Table 2 - Provisions for Residential Use
(iii) Table 3 - Provisions for Non-Residential Uses
Page 7 of 175
TRENT HILLS COMPREHENSIVE ZONING BY-LAW: 2010-105
MARCH 2026 OFFICE CONSOLIDATION
Zoning By-law No. 2010-105
The Corporation of the Municipality of
Trent Hills
A By-law under the provisions of The Planning Act, S.O., 1990, as amended, to regulate
the use of lands and the character, location and use of buildings and structures and to
prohibit certain uses of land and the erection and use of certain buildings and structures
and to prohibit or require and regulate the provision, maintenance and use of certain
facilities and matters hereinafter set forth as a condition of development or redevelopment
of lands or buildings in various areas of the Corporation of the Municipality of Trent Hills.
Whereas the Municipal Council of the Corporation of the Municipality of Trent Hills
considers it advisable to restrict, prohibit and regulate the use of land situated within the
defined areas, as hereinafter designated, for the purpose of implementation in
accordance with the policies and designations contained within the Corporation's Official
Plan to ensure proper and orderly development within the Corporation.
Whereas the said Council also considers it advisable to prohibit or require the provision,
maintenance and use of certain facilities and matters hereinafter set forth as a condition
of the development or redevelopment of lands or buildings within the Corporation of the
Municipality of Trent Hills.
Now therefore, the Council of the Corporation of the Municipality of Trent Hills enacts as
follows:
Page 8 of 175
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MARCH 2026 OFFICE CONSOLIDATION
Section 1 - Interpretation
1.2
Title
This By-law may be cited as the "Municipality of Trent Hills Zoning By-law".
The Municipality of Trent Hills Zoning By-law consolidates the following four (4)
Zoning By-laws and all amendments thereto:
Town of Campbellford Zoning By-law No. 1988-31
Township of Percy Land Use Control By-law No. 1440
Township of Seymour By-law No. 1650
Village of Hastings Zoning By-law No. 1978-08
This edition is prepared for purposes of convenience only. Where appropriate,
amendments to the four original by-laws have been deemed to conform to
Municipality of Trent Hills Zoning By-law. Those that still do not meet the
respective zone requirements continue to be identified as exceptions. For ease
of reference, amendments to the original by-laws that are no longer considered
to be exceptions to the respective zone regulations are listed in Appendices 1 -
IV to this By-law. For accurate reference, recourse should be had to the original
By-laws and amendments thereto as registered in the office of the Clerk of the
Municipality of Trent Hills.
1.3
Declaration
The Plates and Tables contained herein are declared to form part of this By-law.
1.4
Application
This By-law shall apply to and be enforceable with respect to the whole of the
Corporation of the Municipality of Trent Hills. For the purposes of this By-law, the
definitions and interpretations given herein shall govern unless the context
requires otherwise.
1.5
Interpretation
For the purposes of this By-law, words used in the present tense include the
future; words in singular number include the plural and words in the plural include
the singular number; the word "shall" is mandatory; the words "used" and
"occupied" shall include the words "arranged" and "designed to be used or
occupied".
The boundary of the Oak Ridges Moraine Conservation Plan Area, shall be
scaled from the attached Plates.
1.6
Zone Symbols
The Zone symbols refer to the use of land, buildings and structures and
excavations permitted by this By-law in the zone categories. Whenever in this By-
law the word "Zone" is used, preceded by any of the symbols, such Zone shall
Page 9 of 175
TRENT HILLS COMPREHENSIVE ZONING BY-LAW: 2010-105
MARCH 2026 OFFICE CONSOLIDATION
mean any area within the Corporation of the Municipality of Trent Hills within the
scope of this By-law, identified on Tables and delineated on Plates contained
herein and designated thereon by the symbol or pattern.
1.7
Special Zone Symbol
1.7.1 Exception
Where the Zone symbol designating certain lands, as shown on Plates contained
herein, is followed by a dash and a number, (for example M1-1), then Special
Zone Provisions apply to such lands. Such special provisions are found by
reference to the Subsection of the Zone Provisions of each Zone classification
entitled "SPECIAL ZONE CATEGORIES". Lands designated in this manner shall
be subject to all the restrictions of the Zone, except as may otherwise be provided
by the Special Zone Provisions.
1.7.2 Holding Symbol
When the Zone Symbol designating certain lands, as shown on Plates contained
herein and on detailed Zone Maps, is followed by a dash and the letter "H",
Holding Zone provisions apply to such lands. Holding Zone provisions are
specified in Section 5.11 of this By-law.
1.8
Zone Boundaries and Interpretations
Where possible, the extent and boundaries of all Zones, as shown on Plates
contained herein, shall be construed to be lot lines, street lines, and centrelines
of streets, railway rights-of-way or boundaries of registered plans. A boundary
indicated as following a watercourse, creek, stream shall be the centre line of
such watercourse, creek or stream.
A boundary following a shoreline shall follow such shoreline, and in the event of
a change in the shoreline, the boundary shall be construed as moving with the
actual shoreline
Where the extent and boundary of any zone, as delineated on Plates contained
herein, the following provision shall apply:
That where a zone boundary is indicated as passing through undeveloped
land, then the location of such boundary shall be determined in accordance
with the scale of Plates contained herein at their original scale, unless
dimensions shown on the aforementioned Plates provide greater accuracy.
1.9
Residential and Non-Residential Uses and Activities
For the purpose of reference, all buildings, structures and excavations, and all
uses and activities of, or in relation to, buildings, structures, excavations and lots
named as uses or activities permitted and classified under the headings of
"Residential" and "Non-Residential" may be referred to as Residential and Non-
Residential buildings, structures, excavations or uses and activities respectively.
Page 10 of 175
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MARCH 2026 OFFICE CONSOLIDATION
1.10
Metric System of Measure
All measurements are to be in the metric system and in accordance with the
provisions of this By-law which serve to regulate the erection or use of any
building or structure.
1.11
Closings
In the event a dedicated street or land shown on any Plate forming part of this
By-law is closed, the property formerly in such street or land shall be included
within the zone of the adjoining property on either side of such closed street or
lane. If a closed street or lane is the boundary between two or more different
zones, the new zone boundaries shall be the former centre line of the closed
street or lane.
Page 11 of 175
TRENT HILLS COMPREHENSIVE ZONING BY-LAW: 2010-105
MARCH 2026 OFFICE CONSOLIDATION
Section 2 - Compliance with the By-law
2.1
Application of the By-law
No land, building, structure, excavation, lot or premises shall be used or occupied,
and no building or structure or excavation shall be erected or altered, in whole or
in part, for any purpose EXCEPT in conformity with the provisions of this By-law.
2.2
Interpretation
The provisions of this By-law shall be held to be the minimum requirements
EXCEPT where the word maximum is used, in which case the maximum
requirement shall apply.
2.3
Change in Lot Size
No lot shall be changed in area, depth or width, either by the conveyance of land
or otherwise, so that the lot coverage exceeds the maximum permitted by the By-
law, or so that the existing or resulting lot area, lot width or yards will be less than
the minimum permitted by the provisions of this By-law.
2.4
Change in Use
A use or occupation of land, building, structure, excavation, lot or premises, or
any activity in connection therewith which, under the provisions of this By-law is
not permissible within the Zone in which such land, building, structure or
excavation, lot or premises is located, shall not be changed except to a use or
activity connected therewith which is permissible within such Zone.
2.5
Public Acquisition
No person shall be deemed to have contravened any provision of this By-law by
reason of the fact that any part or parts of any lot has or have been conveyed to
or acquired by any Public Authority.
Page 12 of 175
TRENT HILLS COMPREHENSIVE ZONING BY-LAW: 2010-105
MARCH 2026 OFFICE CONSOLIDATION
Section 3 - Administration, Enforcement, & Penalties
3.1
Administration
This By-law shall be administered and enforced by the person appointed by the
Corporation and known as the By-law Enforcement Officer or such other person
or persons as may be appointed for such purpose by the Council from time to
time.
3.2
Building and other Permits
Notwithstanding the provisions of the Corporation's Building By-law or any other
By-law of the Corporation, no building permit or occupancy permit shall be issued
where the proposed building, structure or excavation or where the proposed use
would be in violation of any of the provisions of this By-law.
3.3
Certificate of Occupancy
No change may be made in the type of use or activity of a lot affected by this By-
law, or of any building, structure or excavation on any such lot or any part of such
lot, building, structure or excavation until a Certificate of Occupancy has been
issued by the Chief Building Official to the effect that a proposed use or activity
on the specified property complies with this By-law.
3.4
Occupancy of Uncompleted Dwelling House
No dwelling house shall be used for human habitation until the Building Code of
the Corporation has been complied with and in any event not before the maid
side walls and roof have been erected, and roofing have been completed and
kitchen, heating and sanitary conveniences have been installed and rendered
usable, safe and fit for human habitation.
3.5
Building or Structures to be Moved
In all Zones, no building or structure, residential or otherwise, normally requiring
a building permit for construction, shall be moved within the area affected by this
By-law without a permit from the Chief Building Official.
3.6
Applications for Permits
In addition to all the requirements of the Corporation's Building Code or any other
By-law of the corporation, every application for a building permit shall be
accompanied by a plan in duplicate (one copy of which shall be retained by the
By-law Enforcement Officer), drawn to scale and showing the following:
a)
The true dimensions of the lot to be built upon, excavated or otherwise to
be used or occupied;
b)
The proposed location, height, floor area and dimensions of any building,
structure excavation or use or activity proposed for such a lot;
Page 13 of 175
TRENT HILLS COMPREHENSIVE ZONING BY-LAW: 2010-105
MARCH 2026 OFFICE CONSOLIDATION
c)
Proposed locations and dimensions of any yards, set-back, landscaped
open space, off-street parking space or off-street loading facilities required
by this By-law;
d)
The location of all existing buildings, structures or excavations on the lot
shown on the plan;
e)
A statement signed by the owner or his authorized agent, disclosing the
exact use proposed for each aforesaid building, structure, or excavation or
use or activity and giving all information necessary to determine if such
proposed or existing building, structure or excavation or use or activity
conform to the requirements of this By-law;
f)
Where applicable, an application for a building permit or permits shall
include the submission of drawings and plans, and execution of
agreements, as required by the Planning Act, R.S.O. 1990, as amended;
and,
g)
Within a Residential Zone category, the submission of a lot grading plan
indicating the proposed final elevations.
3.7
Inspection
The By-law Enforcement Officer, or any officer or employee of the Corporation
acting under the direction of the Council, is hereby authorized to enter, at all
reasonable hours, upon any property or premises for the purpose of carrying out
his duties under this By-law.
3.8
Violation of Penalties
Every person who uses any lot, or erects or uses any building, structure or
excavation or any part of any lot, building, structure or excavation in a manner
contrary to any requirement of this By-law, or who causes or permits such use or
activity or erection, or who violates any provision of this By-law, causes or permits
a violation, shall be guilty of an offence and upon conviction therefore shall forfeit
and pay a penalty as follows:
a)
On a first conviction every person shall be liable to a fine of not more than
$25,000.00;
b)
On a subsequent conviction, every person shall be liable to a fine of not
more than $10,000.00 for each day or part thereof upon which the
contravention has continued after the day on which the person was first
convicted;
a)
On a first conviction, every corporation shall be liable to a fine of not more
than $50,000.00;
b)
On a subsequent conviction, every corporation shall be liable to a fine of
not more than $25,000.00 for each day or part thereof upon which the
contravention has continued after the day on which the corporation was
first convicted; and
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TRENT HILLS COMPREHENSIVE ZONING BY-LAW: 2010-105
MARCH 2026 OFFICE CONSOLIDATION
c)
Every such penalty shall be recoverable under the Municipal Act, S.0.
2001, as amended, and the Provincial Offences Act, R.S.0. 1990, as
amended.
3.9
Contravention - Restrained by Action
In the case any building or structure is to be erected, altered, reconstructed,
extended, or part thereof is to be used, or any lot is to be used, in contravention
of any requirement of this By-law, such contravention may be restrained by action
at the instance of any ratepayer or of the Corporation pursuant to the provisions
of the Municipal Act, S.O, 2001, as amended, in that behalf.
3.10
Validity
If any section, clause or provision of this By-law, including anything contained on
the Plates and Tables contained herein, is for any reason declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the
By-law as a whole or any part thereof, other than the section, clause or provision,
including anything contained on the Plates and Tables contained herein, so
declared to be invalid.
It is hereby declared to be the intention that all the remaining sections, clauses or
provisions including anything contained on the Plates and Tables contained
herein of this By-law shall remain in full force and effect until repealed,
notwithstanding that one or more provisions thereof shall have been declared to
be invalid.
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MARCH 2026 OFFICE CONSOLIDATION
Section 4 - Definitions
4.1
Accessible
Shall mean a site, building, facility or portion thereof that complies with the
Municipality's Facility Accessibility Design Standards.
4.2
Accessory Building or Structure
Shall mean a detached building or structure, the use of which is customarily
incidental and subordinate to a principal use, building or structure and located on
the same lot therewith.
4.3
Accessory Use
Shall mean a use of land, buildings or structures that is normally incidental or
subordinate to the principal use, building or structure located on the same lot.
4.4
Adaptable
Shall mean the ability of certain build space or element, such as kitchen counters,
sinks and grab bars, to be added or altered so as to accommodate the needs of
individuals with or without disabilities or to accommodate the needs of persons
with different types or degrees of disabilities.
4.4.1 Additional Residential Unit
Shall mean a self-contained ancillary dwelling unit located within a single
detached dwelling, a dwelling unit of a semi-detached dwelling unit or a dwelling
unit of a townhouse, or is located in a building or structure that is located on the
same lot and is accessory to the primary dwelling.
4.5
Adverse Effect
Shall mean any impairment, disruption, destruction or harmful alteration.
4.6
Adversely Affect
Shall mean to have a negative effect on.
4.7
Agricultural Produce Warehouse
Shall mean a building or part of a building used for the storage of agricultural
produce and may include facilities for wholesale distribution or an accessory retail
commercial outlet for the sale of such agricultural produce to the general public.
4.8
Agricultural Uses
Shall mean:
a)
Growing crops, including nursery and horticultural crops;
b)
Raising livestock and other animals, including poultry and fish for food and
fur or fibre, including poultry and fish;
c)
Aquaculture;
Page 16 of 175
TRENT HILLS COMPREHENSIVE ZONING BY-LAW: 2010-105
MARCH 2026 OFFICE CONSOLIDATION
d)
Apiaries;
e)
Agro-forestry and maple syrup production; and
f)
Associated on-farm buildings and structures, including accommodation for
full-time farm labour when the size and nature of the operation requires
additional employment.
4.9
Agricultural Related Uses
Shall mean farm related commercial and farm-related industrial uses that are:
a)
Small-scale;
b)
Directly related to a farm operation; and
c)
Required in close proximity to the farm operation.
4.9.1 Air Treatment Control
Means the functional use of industrial grade multi-stage carbon filtration system
or similar technology, to reduce and/or treat the emission of pollen, dust and
odours expelled from a facility and sized accordingly in comparison to the facility
it serves as designed by a qualified person.
4.10
Alter
Shall mean when used in reference to a building or part thereof, to change any
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. When used in
reference to a lot, the "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 public highway or laneway, whether such alteration is made
by conveyance or alienation of any portion of said lot, or otherwise. The words
"altered" and "alteration" shall have a corresponding meaning.
4.11
Amusement Machine
Shall mean any mechanical or electronic machine or device intended for use as
a game, entertainment or amusement offered for use by the public for profit or
gain, and shall include a pinball machine, billiard table, video game, shooting
gallery or other similar machine or device, but shall not include any machine used
only for the purpose of vending merchandise or services or playing recorded
music.
4.12
Animal Agriculture
Shall mean growing, producing and raising farm animals including, without
limitation;
a)
Livestock, including equines, poultry and ratites;
b)
Fur-bearing animals;
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c)
Bees;
d)
Cultured fish;
e)
Deer and elk; and
f)
Game animals and birds.
4.13
Animal Hospital
Shall mean a building in which facilities are provided for the prevention, cure and
alleviation of disease and injury to animals, and in conjunction with which there
may be facilities provided for the sheltering of animals during the treatment
period.
4.14
Aquifer Vulnerability
Shall mean an aquifer's intrinsic susceptibility, as a function of the thickness and
permeability of overlaying layers, to contamination from both human and natural
impact on water quality.
4.15
Area of Natural and Scientific Interest (Earth Science)
Shall mean an area that has been:
a)
Identified as having earth science values related to protection, scientific
study or education; and
b)
Further identified by the Ministry of Natural Resources using evaluation
procedures established by that Ministry, as amended from time to time.
4.16
Area of Natural and Scientific Interest (Life Science)
Shall mean an area that has been:
a)
Identified as having life science values related to protection, scientific
study or education; and
b)
Further identified by the Ministry of Natural Resources using evaluation
procedures established by that Ministry, as amended from time to time.
4.17
Architectural, Engineering, or Technical Service Establishment
Shall mean a building or part of a building which is primarily engaged in providing
architectural, engineering, and related services, such as structural design,
drafting, building inspection, landscape design, surveying and mapping,
laboratory and on-site testing, interior/industrial/graphic design and other
specialized design services.
4.18
Arcade
Shall mean any building or room or parts of a building or room containing 3 or
more arcade machines or amusement devices operated for gain, including where
the operation of such game machines for gain is an accessory use or is not the
primary use of the building or room.
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4.19
Arcade Machine
Shall mean any mechanical game machine, electronic game machine or
amusement device including a pinball machine operated for gain.
4.20
Arena
Shall mean a building, or part of a building, in which facilities are provided for
such purposes as ice or roller skating; but does not include any other
establishment otherwise defined or classified herein.
4.21
Assembly Hall
Shall mean a building, or part of a building, in which facilities are provided for
such purposes as meetings for civic, educational, political, religious or social
purposes and shall include a banquet hall, private club or fraternal organization.
4.22
Attached
Shall mean a building otherwise complete in itself, which depends for structural
support or complete enclosure, upon a division wall or walls shared in common
with an adjacent building or buildings.
4.23
Attic
Shall mean a portion of a building situated wholly, or in part, within the roof and
which is not a one-half storey.
4.24
Bakery
Shall mean a building or part of a building where food products such as bread,
biscuits, cakes, and other similar products are prepared, and where the prepared
food products are offered for retail sale on the same premises.
4.25
Basement
Shall mean 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 level adjacent to the exterior
walls of the building.
4.26
Basement, Walkout
Shall mean that portion of a building which is partly underground, but which has
more than fifty percent of the finished floor area not greater than 0.6 metres below
the adjacent finished grade level adjacent to the exterior walls of the building and
which has a door, at or above the adjacent finished grade, for entrance and exit
directly to the outside.
4.27
Bed and Breakfast Establishment
Shall mean an establishment that provides sleeping accommodation (including
breakfast and other meals, services, facilities and amenities for the exclusive use
of guests) for the travelling or vacationing public in up to three guest rooms within
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a single dwelling that is the principal residence of the proprietor of the
establishment.
4.28
Boarder or Lodger
Shall mean a person who lives in a dwelling house with or without meals being
supplied and in return the proprietor receives monetary compensation.
4.29
Boarding or Lodging House
Shall mean a building or portion thereof containing one or more boarding units
which are provided to four or more boarders for compensation, where meal
service is provided to the boarders for compensation, but shall not include a hotel,
motel, inn, or motor hotel.
4.30
Boat House, Private
Shall mean a detached accessory building, or structure or portion of a dwelling
house which is designed or used for the sheltering of a boat or other form of water
transportation and storage of household equipment incidental to the residential
occupancy.
4.31
Building
Shall mean a structure occupying an area greater than 10 square metres,
consisting of a wall, roof and floor or any of them, or a structural system serving
the function thereof, including all plumbing, fixtures and service systems
appurtenant thereto; or a structure occupying an area of 10 square metres or less
that contains plumbing, including the plumbing appurtenant thereto; or structures
designated in the Ontario Building Code.
4.32
Building By-law
Shall mean the Building By-law of the Municipality of Trent Hills.
4.33
Building Supply Outlet
Shall mean a building or structure in which building or construction and home
improvement materials are offered or kept for sale at retail and may include the
fabrication of certain materials related to home improvements but does not
include any use or activity otherwise defined or classified herein.
4.34
Bulk Sales Establishment
Shall mean the use of land, structure or building for the purposes of buying and
selling coal, fuel oil, wood, lumber, building materials, ice, and allied commodities
but does not include any manufacturing industry, as defined herein.
4.35
Bulk Storage Tanks
Shall mean a tank for the storage of petroleum, gasoline, oil, diesel, propane,
fuel, and other volatile/combustible liquid or fluid, but does not include a container
for such liquids or fluids legally and properly kept in a retail store, or a tank for
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storage merely incidental to some other use of the premises where such tank is
located.
4.36
Bunkie
Shall mean a detached accessory building or structure, located on the same lot
as the principal building or structure, the accessory use being for sleeping
accommodation in which sanitary facilities may be provided, but shall not contain
cooking facilities.
4.37
Bus Storage
Shall mean the use of land, structure or building for the purposes of storing or
parking either commercial or school buses or similar vehicles; and may include
facilities for the maintenance and repair of such vehicles.
4.38
Business or Professional Office
Shall mean a building or part of a building in which one or more persons are
employed in the management, direction or conducting of a business or where
professionally qualified persons and their staff serve clients or patients who seek
advice, consultation or treatment.
4.39
By-law Enforcement Officer
Shall mean the officer or employee of the Corporation for the time being charged
with the duty of enforcing the provisions of the Building By-law of the Corporation.
4.40
Campground and Campsite
Shall mean a part of a trailer camp or part that is to be occupied on a temporary
basis only, by a trailer, truck camper, mobile camper trailer, motorized mobile
home, camper or tent.
4.41
Cabin Establishment
Shall mean an establishment meant for the touring public that comprises of two
or more cabins.
4.42
Camping Establishment
Shall mean an establishment containing multiple camp sites and comprising land
uses or maintained as grounds for camping and may include the temporary
placement of tents or the temporary parking of trailers, motorized mobile homes,
truck campers or campers, but does not include a trailer park.
4.42.1 Cannabis
Means a genus of flowering plants in the family Cannabaceae. Synonyms include
but are not limited to marijuana, and marihuana. This definition does not include
the industrial or agricultural production of hemp (a source of foodstuffs (hemp
milk, hemp seed, and hemp oil), fibre and biofuels)).
4.42.2 Cannabis Production & Processing
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Means lands, buildings or structures used for producing, processing, testing,
destroying, packaging and/or shipping of cannabis authorized by an issued
license or registration by the federal Minister of Health, pursuant to the Access to
Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled
Drug and Substances Act, SC 1996, c 19, as amended from time to time, or any
successors thereto.
4.43
Carport
Shall mean a portion of a dwelling house which is a roofed enclosure designed
for the storage or parking of a motor vehicle with at least 40% of the total
perimeter including the main wall of the dwelling house to which such carport is
attached, open and unobstructed.
4.44
Cellar
Shall mean 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.
4.45
Cemetery
Shall mean land that is set apart or used as a place for the interment of the dead
within the meaning of the Cemeteries Act, as amended from time to time.
4.46
Certificate of Occupancy
Shall mean a certificate issued by the Chief Building Official for the occupancy of
any land, building, excavation or structure to the effect that the proposed use or
activity complies with this By-law.
4.47
Chief Building Official
Shall mean the officer employed by the Municipality of Trent Hills as is appointed
under the Building By-law and shall include any inspector likewise appointed.
4.48
Commercial Sports and Recreation Establishment
Shall mean a privately owned sports or recreation establishment operated for use
by private members and/or the general public.
4.49
Club - Commercial
Shall mean a building containing athletic, recreational, or social organization
operated for gain or profit, but shall not include any place of entertainment
otherwise defined or classified in this By-law.
4.50
Club - Private
Shall mean a building containing an athletic, recreational, or social organization
located on private lands which is not operated for gain or profit but shall not
include any place of entertainment otherwise defined or classified in this By-law.
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4.51
Commercial Use
Shall mean the use of land, buildings or structures for the purpose of buying and
selling of commodities and supplying of services but for the purpose of this By-
law does not include a manufacturing industry, or any other such use considered
to be noxious as defined herein.
4.52
Common Use
Shall refer to those interior and exterior rooms, spaces or elements that are made
available for the use of a restricted group of people (for example, occupants of a
homeless shelter, the occupants of an office building, or the guests of such
occupants).
4.53
Community Centre
Shall mean a building, or part of a building, used for community activities, the
control of which is vested in the Municipality, a local board or agent thereof.
4.54
Condominium
Shall mean the ownership of individual units in a multiple-unit or multiple-unit
development, with common elements or the ownership of vacant land with
common elements, established under the provisions of the Condominium Act.
4.55
Connectivity
Shall mean the degree to which key natural heritage features are connected to
one another by links such as plant and animal movement corridors, hydrological
and nutrient cycling, genetic transfer, and energy flows through food webs.
4.56
Conservation Authority
Shall mean a corporate body established under the Conservation Authorities Act
RSO, 1990, Chapter C.27.
4.57
Conservation Use
Shall mean the use of land for a comprehensive management and maintenance
program whose goal is the preservation, protection and improvement of the
components of the natural environment.
4.58
Contractor's Yard
Shall mean a yard of any building trade or contractor where equipment and
material are stored or where a contractor performs shop or assembly work but
does not include any other yard or establishment otherwise defined or classified
herein. This definition includes any building or shop situated on the same
property.
4.59
Convenience Store
Shall mean a retail commercial establishment supplying groceries and other daily
necessities to the immediate surrounding area.
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4.60
Corporation
Shall mean the Corporation of the Municipality of Trent Hills.
4.61
Cottage, Tourist
Shall mean a building to accommodate one or more guests, within a tourist
establishment, which contains at least two rooms, that is at least partially
furnished and in which the guest is permitted to prepare and cook food, but shall
not include a seasonal dwelling house as herein defined.
4.62
Council
Shall mean the Municipal Council of the Corporation of the Municipality of Trent
Hills.
4.63
County
Shall mean the Corporation of the County of Northumberland.
4.64
County Road
Shall mean a road under the jurisdiction of the Corporation of the County of
Northumberland.
4.65
Court
Shall mean an open and unoccupied space from ground to sky appurtenant to a
building and bounded on two or more sides by the walls of the building.
4.66
Crisis Care Residence
Shall mean an establishment that provides a means of immediate, temporary
accommodation and assistance for a short-term period, which is generally less
than one week for the majority of the residents and may include a hostel but shall
not include a Group Home otherwise defined or classified in this By-law.
4.67
Day Care Centre
Shall mean a day nursery operated for pre-school age children within the
meaning of the Day Nurseries Act, as amended.
4.68
Development
Shall mean the creation of a new lot, a change in land use, or the construction of
buildings and structures, any of which require approval under the Planning Act,
the Environmental Assessment Act, or the Drainage Act.
Development includes any activity associated with site alteration or the temporary
or permanent placing, dumping or removal of any material originating on the site
or elsewhere. Development does not include:
a)
The construction of facilities for transportation, infrastructure, and utilities
uses by a public body; or
b)
For greater certainty
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(i)
The reconstruction, repair or maintenance of a drain approved under
the Drainage Act and in existence as of passing of this By-law or
(ii)
The carrying out of agricultural practices on land that was being used
for agricultural uses.
4.69
Drive-in Restaurant
Shall mean an eating establishment where facilities are available to serve meals
to the customer for consumption in the customer's motor vehicle, parked in an
area designed for that purpose.
4.70
Dry Cleaning Establishment
Shall mean a building or structure used for the purpose of collection and
distribution of articles or goods of fabric to be subjected to the process of dry
cleaning, dry dyeing, cleaning, spotting and stain removing, and for the pressing
of any such articles of goods which have been subjected to any such process
elsewhere at a dry cleaner's plant.
4.71
Dry Cleaning Plant
Shall mean a building in which the business of dry cleaning, dry dyeing, cleaning,
spotting, stain removal or pressing of articles or goods of fabric is carried on and,
in which only non-combustible and non-flammable solvents are, or can be, used
which emit no odours or fumes, in which no noise or vibration causes a nuisance
or inconvenience within or without the premises.
4.72
Dry Industry
Shall mean any industrial operation that does not use water for processing,
manufacturing or production purposes; and requires no water for cleaning or
washing purposes; and does not discharge nor generate any liquid effluent from
its operations. These restrictions shall not apply to the operation of washrooms,
cafeteria or firefighting uses.
4.73
Dwelling
a)
Dwelling House
Shall mean a permanently affixed building whether prefabricated or
constructed on-site, and occupied or capable of being occupied exclusively
as a home, residence or living quarters but shall not include a travel trailer,
mobile home, motorized mobile home or recreational vehicle.
b)
Dwelling Unit
Shall mean one or more habitable rooms occupied or capable of being
occupied as an independent and separate housekeeping establishment, in
which separate kitchen and sanitary facilities are provided for the exclusive
use of the occupants. In the case of a permitted secondary dwelling unit in
a single detached, semi-detached or row house, access to such unit may
be through another residential unit.
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c)
Single Detached Dwelling House
Shall mean a dwelling house containing one (1) dwelling unit.
d)
Seasonal Dwelling House
Shall mean a single detached dwelling house used for recreation purposes
that is not used for continuous habitation as a permanent residence.
e)
Semi-Detached Dwelling House
Shall mean one (1) of two (2) vertically attached dwelling houses, having a
continuous fully-attached common masonry wall, where the units overlay,
above and below finished grade connecting the two (2) dwelling houses,
each of which has a separate independent entrance directly from the
outside.
f)
Linked Semi-Detached Dwelling House
Shall mean one (1) of two (2) attached dwelling houses having a common
party wall attached below finished grade connecting the two (2) dwelling
houses, each of which has a separate independent entrance directly from
the outside.
g)
Duplex Dwelling House
Shall mean the whole of a dwelling house that is divided horizontally into
two (2) separate dwelling units, each of which has a separate, independent
entrance either directly from the outside or through a common vestibule.
h)
Converted Dwelling House
Shall mean an existing dwelling house which was originally designed,
intended and used as a single detached dwelling house, which has been
lawfully altered or converted so as to provide three (3) or four (4) dwelling
units, none of which is located in a cellar, and each of which has a separate,
independent entrance either directly from the outside or through a common
vestibule.
i)
Triplex Dwelling House
Shall mean the whole of a dwelling house that is divided horizontally into
three (3) separate dwelling units, each of which has a separate independent
entrance either directly from the outside or through a common vestibule.
j)
Fourplex Dwelling House
Shall mean two (2) vertically attached duplex dwelling houses having a
continuous fully attached, unpierced common masonry wall above finished
grade connecting the two (2) dwelling houses, each of which has a separate,
independent entrance either directly from the outside or through a common
vestibule.
k)
Row Dwelling House
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Shall mean a series of three (3) to six (6) attached dwelling units under a
common roof, which may be staggered, with each dwelling unit being
attached above and below finished grade to another dwelling unit or units
by a continuous fully attached unpierced vertical party wall without openings
from basement or cellar to roof, with each dwelling unit having a separate
entrance directly from the outside.
l)
Linked Row Dwelling House
Shall mean a row dwelling house with each dwelling unit having a common
party wall attached below grade connecting the units, each of which has a
separate independent entrance directly from the outside.
m)
Maisonette Dwelling House
Shall mean a row dwelling house with each dwelling unit having a separate
entrance directly from a common vestibule or hallway.
n)
Apartment Dwelling House
Shall mean the whole of a dwelling house containing four (4) or more
dwelling units having a common entrance from street level and a separate
entrance only from an internal corridor system, and the occupants of which
have the right to use in common the halls and/or stairs, and/or elevators,
yards and other facilities.
o)
Dwelling Unit, Bachelor
Shall mean a dwelling unit consisting of one (1) bathroom and not more than
two (2) habitable rooms and providing therein living, dining, sleeping, and
kitchen accommodation in appropriate individual or combination room or
rooms.
p)
Dwelling Unit, Apartment
Shall mean a dwelling unit consisting of one (1) bathroom and three (3) or
more habitable rooms.
q)
Dwelling Unit Area
Shall mean the habitable area contained within the inside walls of a dwelling
unit, excluding any private garage, carport, porch, veranda, unfinished attic
or sun room (unless such sun room is habitable in all seasons of the year);
and excluding common hallways, common stairways or other common
areas; and the thickness of exterior walls.
4.74
Earth Science Values
Shall mean values that relate to the geological, soil and landform features of the
environment.
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4.75
Eating Establishment
Shall mean a building or part of a building where food is offered for sale or sold
to the public for immediate consumption and includes such uses as a restaurant,
dining room, cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar,
coffee shop, snack bar or refreshment room or stand. This definition does not
include a bed and breakfast establishment, but may include premises licensed
under the Liquor License Board of Ontario.
4.76
Eating Establishment, Take-out
Shall mean a building or part of a building designed intended or used for the sale
of food and refreshments to the general public but which does not include any
provision for consumption of the food by the customer while in his vehicle, within
the building or elsewhere on the premises.
4.77
Ecological Features
Shall mean naturally occurring land, water and biotic features that contribute to
ecological integrity.
4.78
Ecological Functions
Shall mean the natural processes, products or services that living and non-living
environments provide or perform within or between species, ecosystems and
landscapes, including hydrological functions and biological, physical, chemical
and socio-economic interaction.
4.79
Ecological Integrity
Shall include hydrological integrity and means the condition of ecosystems in
which:
a)
The structure, composition and function of the ecosystems are unimpaired
by stresses from human activity;
b)
Natural ecological processes are intact and self-sustaining; and
c)
The ecosystems evolve naturally.
4.80
Eating Establishment, Drive-in
Shall mean an eating establishment where facilities are available to serve meal s
to the customer for consumption in the customer's motor vehicle, parking in an
area designed for that purpose.
4.81
Endangered Species
Shall mean any native species, as listed in the regulations under the Endangered
Species Act that is at risk of extinction throughout all or part of its Ontario range
if the limiting factors are not reversed.
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4.82
Equipment Sales and Rental - Heavy
Shall mean a building or part of a building, structure or yard in which articles,
machinery and equipment, including heavy machinery and equipment, are
serviced or repaired, and may be offered or kept for rent, lease or hire under
agreement for compensation.
4.83
Equipment Sales and Rental - Light
Shall mean a building or part of a building, structure or yard in which articles,
machinery, and equipment, including light machinery and personal-yard
management equipment are serviced or repair, and may be offered for rent, lease
or hire under agreement of compensation.
4.84
Erect
Shall mean building construction, reconstruction and relocation and, without
limiting the generality of the work, also includes:
a)
Any preliminary physical operation, such as excavating, filling or drainage;
b)
Altering any existing building or structure by an addition, enlargement,
extension, movement or other structural change;
c)
Any work for the doing of which a building permit is required under the
Building By-law of the Corporation; and
d)
Erect, erected and erection shall have a corresponding meaning.
4.85
Established Building Line - Rural
Shall mean the average distance from the road line of existing buildings on one
side of a continuous 300 meter strip of land where at least 5 lots have been built
upon.
4.86
Established Building Line - Urban
Shall mean the average setback from the street line of existing buildings on one
side of one block where more than one-half of the frontage of the said side of the
block has been built upon.
4.87
Existing
Shall mean existing, being a reality or an actuality on the date of passing of this
By-law.
4.88
Factory Outlet
Shall mean a building or part of a building, accessory to a permitted industrial
use, where the products manufactured by that industry are kept for wholesale or
retail sale.
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4.89
Farm
Land used for agricultural and agriculture-related uses and animal agriculture
such as the growing of vegetables, fruits, grains or other staple crops including
livestock raising, dairying, forestry and/or woodlots.
4.90
Farm Implement Dealer
Shall mean a building, structure or area where farm implements, equipment and
farm supplies are kept for sale at retail and may include facilities for the servicing
of such implements or equipment.
4.91
Farm Produce Retail Outlet
Shall mean a use, accessory to a permitted agricultural use, which consists of the
retail sale of agricultural products primarily produced on the farm where such
outlet is located.
4.92
Farm Vacation Home
Shall mean an establishment that provides sleeping accommodation (including
participation in farm activities, meals, services, facilities and amenities for the
exclusive use of guests) for the travelling or vacationing public in up to three guest
rooms within a single dwelling that is located on a farm and is the principal
residence of the proprietor of the establishment.
4.93
Feed Mill
Shall mean a full farm service centre including a feed manufacturing/ processing
plant, grain elevators, grain or feed storage silos or bins, may include retail farm
supply component.
4.94
Fish Habitat
Shall mean the spawning grounds and nursery, rearing, food supply and
migration areas on which fish depend directly or indirectly in order to carry out the
life processes, as further identified by the Department of Fisheries and Oceans
(Canada).
4.95
Flea Market, Commercial
Shall mean a building or open area in which stalls or sales areas are set aside
for use by various unrelated individuals to sell articles that are either homemade,
home-grown, handcrafted, old, obsolete, or antique and may include the selling
of goods at retail by businesses or individuals who are generally engaged in retail
trade.
4.96
Floodplain
Shall mean the area adjoining a water body which has been or may be covered
by water during a storm event.
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4.97
Flood (Regulatory or Regional)
Shall mean the applicable flood event standards used to determine the maximum
susceptibility to flooding of lands or areas within the municipality, more
specifically the Timmins Flood Event Standard for inland systems and the 100
year flood level plus wave uprush along the Trent River. These storm events are
identified in the Ontario Regulations of the Conservation Authority having
jurisdiction of the water body. These regulations are prepared under the authority
of the Conservation Authorities Act RSO 1990, Chapter C. 27.
4.98
Floor Area, Gross
Shall mean in the case of a dwelling, the aggregate of the areas of all habitable
rooms measured from the exterior faces of the exterior walls (or from the centre
line of the common dividing wall), but excluding any part of the building below
finished grade which is used for heating, storage or laundry facilities; garage;
carport; porch; veranda; attic; or unenclosed sunroom. Any portion of habitable
living space below grade must be in a finished condition in order to contribute to
the gross floor area.
In the case of a building other than a dwelling, the aggregate of the area of all
floors including the areas devoted to retail sales, manufacturing, processing,
customer service and/or office use, measured from the outside face of exterior
walls, but shall not include mechanical rooms, common halls, stairwells, storage
areas not accessible to the public, public washrooms, parking structures and
similar and related uses ancillary to the principal use.
4.99
Floor Area, Ground
Shall mean the maximum ground floor area of a building measured to the outside
walls, excluding, in the case of a dwelling house, any private garage, carport,
porch, veranda, sunroom (unless such sunroom is habitable at all seasons of the
year).
4.100 Floor Area, Manufacturing
Shall mean that portion of the gross floor area of an establishment which is used
for manufacturing purposes but does not include areas used for storage of
finished products or offices.
4.101 Floor Area, Total
Shall mean 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.
4.102 Forest Access Road
Shall mean a one or two-lane unpaved road that is designed to provide access
to and within a woodland for wildlife, fish and forest management purposes.
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4.103 Forest Management
Shall mean silviculture which is management of woodlands, including accessory
uses such as the construction and maintenance of forest access roads and maple
syrup production facilities:
a)
For the production of wood and wood products, including maple syrup;
b)
To provide outdoor recreation opportunities;
c)
To maintain, and where possible, improve or restore conditions for wildlife;
and
d)
To protect water supplies.
4.104 Fuel Storage Tank
Shall mean a tank for the bulk storage of petroleum, gasoline, fuel, oil, gas or
flammable liquid or fluid but does not include a container for flammable liquid or
fluid legally and properly kept in a retail store or a tank for storage merely
incidental to some other use of the premises where such tank is located.
4.105 Funeral Home
Shall mean a building or structure designed for the purpose of furnishing funeral
supplies and services to the public and includes facilities intended for the
preparation of the dead human body for interment or cremation.
4.106 Gallery/Studio
Shall mean a building or structure for the creation and display of art, sculpture,
photography, crafts and similar products.
4.107 Garage, Commercial
Shall mean a building, structure or lot where commercial motor vehicles are
stored or where vehicles are repaired or maintained.
4.108 Garage, Private
Shall mean a detached accessory building or portion of a dwelling house which
is designed or used for the sheltering of a private motor vehicle and storage of
household equipment incidental to the residential occupancy and which is fully
enclosed and roofed and excludes a carport or other open shelter.
4.109 Garden and Nursery Sales and Supply Establishments
Shall mean a building or part of a building, and land adjacent thereto for growing
or displaying of flowers, fruits, vegetables, plants, shrubs, trees, or similar
vegetation which is sold to the public at retail and shall also include the sale of
such goods, products and equipment as are normally associated with gardening
or landscaping.
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4.110 Golf Course
Shall mean a public or private area operated for the purpose of playing golf, and
includes a par 3 golf course, and may also include as accessory uses, driving
ranges, miniature courses, pro shops, clubhouses, restaurants, and similar uses.
4.111 Government Maintenance Depot
Shall mean any land, building or structure owned by the Corporation of the
Municipality of Trent Hills, the County of Northumberland or the Province of
Ontario used for the storage, maintenance or repair of equipment, machinery or
motor vehicles used in connection with civic works and shall include a public
works yard.
4.112 Grade-Finished
Shall mean the average elevation of the finished surface of the ground at ground
level of a building or structure.
4.113 Gravel Pit
Shall mean a place where unconsolidated gravel, stone, sand, earth, clay, fill,
mineral or other material is being or has been removed by means of an
excavation to supply materials for construction, industrial or manufacturing
purposes, but does not include a wayside pit as defined in this By-law.
4.114 Greenhouse, Commercial
Shall mean a building or structure for the growing of flowers, fruits, vegetables,
plants, shrubs, trees and similar vegetation, which are not necessarily planted
outdoors on the same lot containing such greenhouse, and which are sold directly
from such lot as wholesale or retail.
4.115 Greenhouse, Farm
Shall mean a building for the growing of plants, shrubs, trees and similar
vegetation which are primarily transplanted outdoors on the same lot containing
such greenhouse.
4.116 Groundwater Recharge
Shall mean the replenishment of subsurface water:
a)
Resulting from natural processes, such as the infiltration of rainfall and
snowmelt and the seepage of surface water from lakes, streams and
wetlands; and
b)
Resulting from human intervention, such as the use of stormwater
management systems.
4.117 Group Homes
Shall mean a residence that is licensed or approved under an Act of the Province
of Ontario, for the accommodation of three to ten persons exclusive of staff, living
under supervision in a single housekeeping unit, and who by reason of their
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emotional, mental, social or physical conditions, require a group living
arrangement. For the purpose of this By-law, a group home shall include the
following:
a)
Group Home for Seniors
Shall mean a residence that is licensed or approved under the Homes for
the Aged Act, as amended, or the Rest Home Act, as amended;
b)
Group Home for the Physically Handicapped
Shall mean a residence that is licensed or approved under the Development
Services Act, as amended, or the Rest Home Act, as amended;
c)
Group Home for the Developmentally Challenged
Shall mean a residence that is licensed or approved under the Development
Services Act, 2001, as amended; and
d)
Group Home for Children
Shall mean a residence that is licensed or approved under the Child and
Family Services Act, as amended.
4.118 Guest
Shall mean a person who contracts for accommodation in a tourist establishment
and includes all the members of the person's party.
4.119 Guest Room
Shall mean a person who contracts for accommodation in a tourist establishment
and includes all the members of the person's party.
4.120 Habitat of Endangered, Rare, and Threatened Species
Shall mean land that:
a)
Is an area where individuals of an endangered species, a rare species or a
threatened species live or have the potential to live and find adequate
amounts of food, water, shelter, and space needed to sustain their
population, including an area where a species concentrates at a
vulnerable point in its annual or life cycle and an area that is important to a
migratory or non-migratory species; and
b)
Has been further identified by the Ministry of Natural Resources or by any
other person, according to evaluation procedures established by the
Ministry of Natural Resources, as amended from time to time.
4.121 Habitable Room
Shall mean a room or suite of rooms used or maintained for the accommodation
of an individual or individuals to whom hospitality is extended.
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4.122 Hazardous Waste
Shall have the same meaning as in Regulation 347 of the Revised Regulations
of Ontario, 1990.
4.123 Height, and Height of Building
Shall mean the vertical distance, measured between the finished grade at the
front of the building, and
a)
In the case of a flat roof, the highest point of the roof surface;
b)
In the case of a mansard roof, the deck roof line; and
c)
In the case of a gable, hip or gambrel roof, the mean heights between the
eaves and ridge, exclusive of any accessory roof construction such as a
chimney, tower, steeple, or television antenna.
4.124 Heritage Facility
Shall mean a facility of portions thereof designated under the Ontario Heritage
Act, or identified in the inventory of heritage resources for the Municipality of Trent
Hills.
4.125 Highway
Shall mean a highway within the meaning of the Highway Traffic Act, as
amended.
4.126 Home for the Aged
Shall mean any home for senior citizens sponsored and administered by any
public agency or service club, church, or other non-profit organization, which
obtains its financing from federal, provincial, county or local municipal
governments or agencies, or by public subscription or donation, or by any
combination thereof.
4.127 Home Industry
Shall mean a business that:
a)
Is carried on as a small-scale use that is accessory to a single dwelling or
agricultural operation;
b)
Provides a service such as landscaping, carpentry, metalworking, welding,
electrical work or blacksmithing, primarily to the farming community;
c)
May be carried on in whole or in part in an accessory building; and
d)
Does not include such uses as an auto repair, paint shop or furniture
stripping.
4.128 Home Occupation/Business
Shall mean an occupation that:
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a)
Involves providing personal or professional services or producing custom
or artisanal products;
b)
Is carried on as a small-scale accessory use within a single dwelling by
one or more of its residents; and
c)
Does not include uses such as an auto repair, painting shop or furniture
stripping.
4.129 Hospital - Public
Shall mean a public hospital within the meaning of the Public Hospital Act, as
amended.
4.130 Hydrological Cycle
Shall mean the circulation of water from the atmosphere to the earth and back
through precipitation, runoff, infiltration, groundwater flow and evapotranspiration,
including the occurrence, circulation, distribution and chemical and physical
properties of water on the surface of the land, in the soil and underlying rocks,
and in the atmosphere, and water interaction with the environment including its
relation to living things.
4.131 Hydrological Features
Shall mean:
a)
Permanent and/or intermittent watercourses;
b)
Wetlands;
c)
Kettle lakes and their surface catchment areas;
d)
Seepage areas and springs; and
e)
Aquifers and recharge areas.
4.132 Hydrological Functions
Shall mean the functions of the hydrological cycle that include the occurrence,
circulation, distribution and chemical and physical properties of water on the
surface of the land, in the soil and underlying rocks, and in the atmosphere, and
water's interaction with the environment including its relation to living things.
4.133 Hydrological Integrity
Shall mean the condition of ecosystems in which hydrological features and
hydrological functions are unimpaired by stresses from human activity.
4.134 Hydrologically Sensitive Features
Shall mean a hydrologically sensitive feature as described in Section 26 of the
Oak Ridges Moraine Conservation Plan.
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4.135 Impervious Surface
Shall mean a surface that does not permit the infiltration of water, such as a
rooftop, sidewalk, paved roadway, driveway or parking lot.
4.136 Kame
Shall mean a mound, hummock or conical hill of glacial origin.
4.137 Kennel
Shall mean a place where dogs are bred and raised, and are sold or kept for sale
or boarded in accordance with the Livestock Licensing Act.
4.138 Kettle Lake
Shall mean a depression formed by glacial action and permanently filled with
water.
4.139 Key Natural Heritage Feature
Shall mean a key natural heritage feature as described in Section 22 of the Oak
Ridges Moraine Conservation Plan.
4.140 Landform Features
Shall mean distinctive physical attributes of land such as slope, shape, elevation
and relief.
4.141 Landform Conservation Area
Shall mean a landform conservation area as described in Section 30 of the Oak
Ridges Moraine Conservation Plan.
4.142 Landscaped Open Space
Shall mean the open unobstructed space from ground to sky at grade on a lot
accessible by walking from the street on which the lot is located and which is
suitable for the growth and maintenance of grass, flowers, bushes and other
landscaping and includes any surfaced walk, patio or similar area but does not
include any driveway ramp, whether surfaced or not, any curb, retaining wall,
parking area or any open space beneath or within any building or structure.
4.143 Lane
Shall mean a public thoroughfare which affords only a secondary means of
access to abutting lots and which is not intended for general traffic circulation.
4.144 Laundromat
Shall mean a building or structure where the service of coin-operated laundry
machines, using only water, detergents and additives are made available to the
public for the purpose of laundry cleaning.
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4.145 Library - Library
Shall mean a public library within the meaning of the Public Libraries Act, as
amended.
4.146 Lifescience Values
Shall mean values that relate to the living component of the environment.
4.147 Liquid Industrial Waste
Shall have the same meaning as in Regulation 347 of the Revised Regulations
of Ontario, 1990.
4.148 Liquor Licensed Premises
Shall mean any building structure or premises licensed under The Liquor Licence
Board of Ontario.
4.149 Livestock Facility
Shall mean one or more barns or permanent structures with livestock-occupied
portions, intended for keeping or housing of livestock. A livestock facility also
includes all manure or material storages and anaerobic digesters.
4.150 Loading Space
Shall mean an off-street space on the same lot as the building, or contiguous to
a group of buildings, for the temporary parking of a commercial vehicle while
loading or unloading merchandise or materials, and which abuts upon a street,
lane or other appropriate means of access.
4.151 Lodge
Shall mean an establishment catering to the vacationing public by providing
meals and sleeping accommodation with at least five rooms or cabins, but shall
not include any establishment otherwise defined or classified herein.
4.152 Lot
Shall mean a parcel of land that is:
a)
Described in a deed or other document legally capable of conveying an
interest in the land, or
b)
Shown as a lot or block on a registered plan of subdivision.
4.153 Lot Area
Shall mean the total horizontal area within the lot lines of a lot, excluding the
horizontal area of such lot covered by water or marsh.
4.154 Lot, Corner
Shall mean 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,
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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:
a)
In the latter case, the corner of the lot shall be deemed to be that point on
the street lines nearest to the point of intersection of the said tangents; and
b)
Any portion of a corner lot distant more than thirty (30) metres from the
corner measured along the street line shall be deemed to be an interior lot,
including porches and verandas open or covered. This definition shall not
include balconies, canopies and overhanging eaves, provided none of the
foregoing are less than 2.5 metres above finished grade.
4.155 Lot Coverage
Shall mean that percentage of the lot area covered by the perpendicular vertical
projection of the area of all buildings onto a horizontal plane.
4.156 Lot Depth
Shall mean 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 not 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.
4.157 Lot Frontage
The minimum straight line distance between the points of intersection of the side
lot lines.
4.158 Lot Interior
Shall mean a lot other than a corner lot.
4.159 Lot Line
Shall mean any boundary of a lot or the vertical projection thereof.
4.160 Lot Line, Front
Shall mean in the case of an interior lot, the line dividing the lot from the street.
In the case of a corner lot, the shorter lot line abutting a street shall be deemed
the front lot line and the longer lot line abutting a street shall be deemed an
exterior side lot line. In the case of a through lot, the lot line where the principal
access to the lot is provided shall be deemed to be the front lot line. In the case
of a lot fronting on a navigable waterway, the shorter lot line directly adjacent to
the navigable waterway.
4.161 Lot Line, Rear
Shall mean the lot line farthest from and opposite to the front lot line.
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4.162 Lot Line, Side
Shall mean a lot line other than a front or rear lot line.
4.163 Lot, Through
Shall mean a lot bounded on two opposite sides by streets.
4.164 Major Development
Shall mean development consisting of:
a)
The creation of four or more lots;
b)
The construction of a building or buildings with a ground floor area of 500
square metres or more; or
c)
The establishment of a major recreation use as described in Section 38 of
the Oak Ridges Moraine Conservation Plan.
4.165 Major Recreational Uses
Shall mean recreational uses that require large-scale modification of terrain,
vegetation or both and usually also require large-scale buildings or structures,
and/or has a higher density or concentration of human activity, including but not
limited to the following:
a)
Golf courses;
b)
Serviced playing fields;
c)
Serviced campgrounds; or
d)
Ski hills.
4.166 Manufacturing Establishment
Shall mean a building or part of a building where the manufacturing, fabricating,
assembly or processing of raw materials or goods, warehousing or bulk storage
of goods and related accessory uses takes place.
4.167 Manure or Material Storage
Shall mean permanent storages, which may or may not be associated with a
livestock facility containing liquid manure (<18% dry matter), solid manure (> 18%
dry matter), or dig estate.
Permanent storages may come in a variety of:
- Locations (under, within, nearby, or remote from barn);
- Materials (concrete, earthen, steel, wood);
- Coverings (open top, roof, tarp, or other materials);
- Configurations and shapes; and
- Elevations (above, below or partially above grade)
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4.168 Marina
Shall mean a building, structure or place, containing docking facilities and located
on a navigable waterway, where boats and boat accessories are stored, serviced,
repaired or kept for sale and where facilities for the sale of marine fuels and
lubricants may be provided.
4.169 Marine Facility
Shall mean an accessory building or structure which is used to take a boat into
or out of a water body, to moor, to berth or to store a boat. This definition may
include a boat launching ramp, boat lift, dock, or boathouse, but shall not include
any building used for human habitation or any boat service, repair or sales facility.
4.170 Meander Belt
Shall mean the land across which a watercourse shifts its channel from time to
time.
4.171 Medical Clinic
Shall mean a building or structure where members of the medical profession,
dentists, chiropractors, osteopaths, and physicians or occupational therapists,
either singularly or in a union provide diagnosis and treatment to the general
public without overnight accommodation and shall include such uses as reception
areas, offices, coffee shop, consultation, X-ray and minor operating rooms, and
a dispensary, providing that all such uses have access only from the interior of
the building.
4.172 Medical Office
Shall mean a building or part of a building that is used solely and singularly by a
physician, dentist or drugless practitioner and their staff for the purpose of
consultation, diagnosis and treatment to the general public without overnight
accommodation.
4.173 Mineral Aggregate
Shall mean gravel, sand, clay earth, shale, stone, limestone, dolostone,
sandstone, marble, granite, rock or other material prescribed under the
Aggregate Resources Act, but does not include metallic ores, asbestos, graphite,
kyanite, mica, nepheline syenite, talc, wollastonite, or other material prescribed
under that Act.
4.174 Mineral Aggregate Operation
Shall mean:
a)
An operation, other than a wayside pit, conducted under a licence or
permit under the Aggregate Resources Act; and
b)
Associated facilities used in the extraction, transportation, beneficiation,
processing or recycling of mineral aggregate or the production of related
by-products.
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4.175 Minimum Distance Separation Formula
Shall mean the formulae developed by the Province to separate uses so as to
reduce incompatibility concerns about odour from livestock facilities.
4.176 Mobile Home
Shall mean a transportable, factory-built dwelling designed to be used as a year-
round residential dwelling but does not include a park model trailer or a travel
trailer, mobile camper trailer, tent trailer or trailer otherwise defined in this By-law.
Further, all Mobile Homes shall comply with the Canadian Standards Association
Standard No. Z240 M.H.
4.177 Motel
Shall mean an establishment that consists of one or more than one building
containing more than one rental unit for the purpose of catering to the travelling
public, to whom the motor vehicle is the principal means of transportation, by
furnishing sleeping accommodation with or without meals, may include
permanent staff accommodation and may or may not be licensed under the
Liquor Licence Act.
4.178 Motorized Motel Home
Shall mean any motor vehicle designed and constructed to be used as a self-
contained, self-propelled unit, capable of being utilized for the temporary living,
sleeping or eating accommodation of persons for recreational purposes.
4.179 Motorized Snow Vehicle
Shall mean a motorized snow vehicle within the meaning of the Motorized Snow
Vehicle Act.
4.180 Motor Vehicle
Shall mean an automobile, truck motorcycle, and any other vehicle propelled or
driven otherwise than by muscular power, but does not include the cars of electric
or steam railways, 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 within the meaning of the Highway Traffic Act, as
amended.
4.181 Motor Vehicle - Automatic Wash
Shall mean a building or structure containing facilities for washing motor vehicles
for compensation either using production line methods and mechanical devices
or by a self-service operation, but does not include any other motor vehicle
establishment herein defined where car washing is done only as incidental to the
principal operation.
4.182 Motor Vehicle - Body Shop
Shall mean a building or structure used for the painting or repairing of motor
vehicle bodies, exterior and undercarriage, and in conjunction with which there
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may be towing, service and motor vehicle rentals for customers while motor
vehicle is under repair, but shall not include any other establishment otherwise
defined or classified in this By-law.
4.183 Motor Vehicle - Commercial
Shall mean any commercial motor vehicle within the meaning of the Highway
Traffic Act, as amended.
4.184 Motor Vehicle - Dealership
Shall mean a building or structure where a franchised dealer displays new motor
vehicles for sale or rent and in conjunction with which there may be used motor
vehicle sales, a motor vehicle repair garage, a motor vehicle service station, a
motor vehicle gasoline bar or a motor vehicle body shop, but shall not include any
other establishment otherwise defined or classified in this By-law.
4.185 Motor Vehicle - Derelict
Shall mean a motor vehicle within the meaning of the Highway Traffic Act, as
amended, whether or not same is intended for use as a private passenger motor
vehicle or not, which is inoperable and has no market value as a means of
transportation or has a market value that is less than the cost of repairs required
to render the said motor vehicle operable.
4.186 Motor Vehicle - Gasoline Bar
Shall mean one or more pump islands, each consisting of one or more gasoline
pumps, and a shelter having a floor area of not more than 2.5 square metres,
which shall not be used for the sale of any product other than liquids and small
accessories required for the operation of motor vehicles.
4.187 Motor Vehicle - Rental
Shall mean an area inclusive of any accessory building or structure where motor
vehicles are kept for rent, lease or hire under agreement for compensation.
4.188 Motor Vehicle - Repair Garage
Shall mean a building or structure where the exclusive service performed or
executed on motor vehicles for compensation shall include the installation of
exhaust system, repair of the electrical system, transmission repair, brake repair,
radiator repair, tire repair and installation, rustproofing, motor vehicle diagnostic
centre, major and minor mechanical repairs or similar use and in conjunction with
which there may be a towing service, a motor vehicle service station and motor
vehicle rentals for the convenience of the customer while the motor vehicle is
being repaired, but shall not include any other establishment otherwise defined
or classified in this By-law.
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4.189 Motor Vehicle - Sales
Shall mean an establishment, with or without a building, where motor vehicles
are displayed for sale, but shall not include any other establishment otherwise
define or classified in this By-law.
4.190 Motor Vehicle Service Station
Shall mean a building or structure where gasoline, oil, grease, antifreeze, tires,
tubes, tire accessories, electric light bulbs, sparkplugs, batteries and automotive
accessories for motor vehicles, and new retail goods are kept for sale to the
general public, or where motor vehicles may be oiled, greased or washed, or have
their ignition adjusted, tires inflated or batteries charged, or where minor or major
mechanical or running repairs essential to the actual operation of motor vehicles
are executed or performed.
4.191 Municipal Government Complex
Shall mean any building or structure owned by the Corporation of the Municipality
of Trent Hills used for the administration of the municipal government system and
may also include such uses as meeting hall or recreation facilities.
4.192 Municipality
Shall mean the Corporation of the Municipality of Trent Hills.
4.193 Municipal Road
Shall mean a street or road under the jurisdiction of the Corporation of the
Municipality of Trent Hills.
4.194 Natural Self-Sustaining Vegetation
Shall mean self-sustaining vegetation dominated by native plant species.
4.195 Nave
Shall mean that portion of a church or place of worship where the congregation
assembles during normal services and which is generally located between the
chancel and the vestibule.
4.196 Net Developable Area
Shall mean the area of a lot or site, less any area that is within a key natural
heritage feature or a hydrologically sensitive feature.
4.197 Non-Complying
Shall mean an existing use which is a permitted use in the zone in which the said
use is situated, but which does not meet the standards set for some other
provision or requirement required by this By-law such as minimum frontage,
depth, area, setbacks etc.
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4.198 Non-Conforming
Shall mean an existing use which is not a permitted use in the zone in which the
said use is situated.
4.199 Non-Residential
Shall mean when used to describe a use, building or structure, a commercial or
industrial business or public or institutional use, building or structure permitted by
the By-law.
4.200 Noxious
Shall mean a condition which is or may become hazardous or injurious with
regards to health or safety or which prejudices the character of the surrounding
area or interferes with or may interfere with the normal enjoyment of any use or
activity in respect of any land building or structure when the term is used in
reference to any use or activity which from its nature or form, the manner of
carrying on same, creates or is liable to create, by reason of destructive gas or
fumes, dust, objectionable odour, noise or vibration or unsightly storage of goods,
wares, merchandise, salvage, machinery parts, junk, waste or other material.
4.201 Nursery School
Shall mean a building or part of a building containing facilities licensed under the
Day Nurseries Act, as amended.
4.202 Nursing Home
Shall mean any premises maintained and operated for persons requiring nursing
care, which is licensed under the Nursing Homes Act, as amended.
4.203 Nutrient Unit
Shall mean an amount of nutrients that give a fertilizer replacement value of the
lower of 43 kilograms of nitrogen, of 55 kilograms of phosphate as nutrient (as
defined in Ontario Regulation 267/03 made under the Nutrient Management Act,
2002).
4.204 Oak Ridges Moraine Conservation Plan Area & Plan Area
Shall mean the areas described in Plates B, C, and D to this By-law.
4.205 Open Storage
Shall mean the storage of goods in the open air and in unenclosed portions of
buildings, which are open to the air on the sides.
4.206 Outside Display and Sale
Shall mean the outdoors display and sale of goods or merchandise as an
accessory activity to a permitted commercial use that is carried on within an
enclosed building on the same lot, and which shall not extend onto any adjoining
lot.
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4.207 Park Model Trailer
A recreational unit mounted on a single chassis mounted on wheels designed to
facilitate relocation from time to time, and designed as living quarters for seasonal
camping and may be connected to those utilities necessary to supply those
installed facilities, with a gross floor area including lofts not exceeding 50 square
metres in set up mode, and having a width greater than 2.6 metres in the transit
mode. Further all Park Model Trailers shall comply with Canadian Standards
Association Standard No. Z241 or its successor.
4.208 Park, Private
Shall mean any open space or recreational area, other than a public park, owned
and operated or maintained in whole or in part for profit by a private club or
fraternal organization for members only, and my include therein one or more
swimming, wading and boat facilities, picnic area, ski area, gardens or
refreshment rooms.
4.209 Park, Public
Shall mean any open space or recreational area, owned or controlled by the
Corporation or by any Board, Commission or other Authority established under
any statute of the Province of Ontario and may include therein neighbourhood,
community, regional and special parks or areas and may include one or more
athletic fields, field houses, community centres, bleachers, swimming pools,
greenhouses, botanical gardens, zoological gardens, bandstands, skating rinks,
tennis courts, bowling greens, boat liveries, bathing stations, curling rinks,
refreshment rooms, fair grounds, arenas, golf courses, or similar uses.
4.210 Parking Area
Shall mean an area provided for the parking of motor vehicles and may include
aisles having a minimum width of 5.5 metres, parking spaces having a minimum
width of 3 metres, and related ingress and egress lanes, but shall not include any
part of a public street. "Parking Area" may include a private garage.
4.211 Parking Lot
Shall mean any parking area other than a parking area accessory to a permitted
use.
4.212 Parking Lot, Commercial
Shall mean any parking area, other than a parking area accessory to a permitted
use, which is not owned by the municipality and which requires remuneration for
the parking of private motor vehicles thereon.
4.213 Parking Space
Shall mean an area of not less than 19 square metres, exclusive of any aisles,
ingress or egress lanes, for the temporary parking or storage of motor vehicles,
and may include a private garage.
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4.214 Partial Service
Shall mean connections linking a building to:
a)
A communal sewage or water service or a full municipal sewage or water
service; and
b)
An individual on-site sewage or water system.
4.215 Person
Shall mean 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 can apply according to law.
4.216 Personal Service Shop
Shall mean a building or part of a building in which persons are engaged in
providing and otherwise administering to the individual and personal needs of
persons, such as a barber's shop, a hairdressing shop, a shoe repair shop or
other similar establishment or service.
4.217 Place of Entertainment
Shall mean a motion picture or other theatre, auditorium, public hall, billiard or
pool room, bowling alley, ice or roller skating rink, dance hall or music hall; and
shall include arcades and other places of amusement licensed in accordance with
the Municipal Act, but does not include any place of entertainment or amusement
otherwise defined or classified in this By-law.
4.218 Place of Worship
Shall mean a building dedicated to religious worship and includes a church,
synagogue or assembly hall and may include such accessory uses as a nursery
school, a school of religious education, convent, monastery, or parish hall.
4.219 Planting Strip
Shall mean an area which shall be used for no purpose other than planting a row
of trees or a continuous unpierced hedgerow of evergreens or shrubs, not less
than 1.8 metres high, immediately adjacent to the lot line or portion thereof along
which such planting strip is required by this By-law. The remainder of such
planting strip shall be used for no purpose other than planting shrubs, flowers,
grass or similar vegetation and shall be planted, nurtured and maintained by the
owner(s) of the lot on which the required planting strip is located.
4.220 Portable Asphalt Plant
Shall mean a temporary facility, to be dismantled at the completion of a
construction project where:
a)
Equipment is used to heat and dry mineral aggregate and to mix it with
bituminous asphalt to produce asphalt paving materials; and
b)
Bulk materials used in the process described in Clause a) are kept.
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4.221 Portable Processing Plant
Shall mean equipment for the crushing, screening or washing of sand and gravel
aggregate materials, but does not include a concrete batching plant or an asphalt
plant, which equipment is capable of being readily drawn or readily propelled by
a motor vehicle and which equipment is not considered permanently affixed to
the site.
4.222 Prime Agricultural Area
Shall mean an area that is:
a)
Designated as prime agriculture land in the official plan; or
b)
Identified through an alternative agricultural land evaluation system
approved by the Government of Ontario.
4.223 Prime Agriculture Land
Shall mean:
a)
Land where fruit and vegetable crops and greenhouse crops are grown;
b)
Agriculturally developed organic soil land; or
c)
Land with Class 1, 2 or 3 soils according to the Canada Land Inventory
4.224 Provincial Highway
Shall mean a street under the jurisdiction of the Ministry of Transportation.
4.225 Public Authority
Shall mean Federal, Provincial, County, District or Municipal agencies, and
includes any commission, board, authority or department established by such
agency, such as Ontario Hydro and Bell Telephone.
4.226 Public Use
Shall mean interior or exterior rooms or spaces that are made available to the
general public. Public use may be provided at a facility that is privately or publicly
owned.
4.227 Quarry
Shall mean a place where consolidated aggregate is being or has been
excavated to supply material for construction, industrial or manufacturing
purposes, as licensed by the Province of Ontario.
4.228 Rapid Infiltration Basin
Shall mean a place where consolidated aggregate is being or has been
excavated to supply material for construction, industrial or manufacturing
purposes, as licensed by the Province of Ontario.
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4.229 Rapid Infiltration Column
Shall mean a column or system of columns at or below surface grade that is
constructed in porous soil and punctures through a relatively impermeable layer
to gain access to a more permeable sand or gravel layer, so as to rapidly infiltrate
into the ground, at a single point or area of concentration, surface runoff collected
from impervious surfaces.
4.230 Rare Species
Shall mean a native species that is not currently at risk of becoming threatened
but, because of its limited distribution, small population or specialized habit
needs, could be put at risk of becoming threatened through all or part of its
Ontario range by changes in land use or increases in certain types of human
activity.
4.231 Recycling Facility
Shall mean enclosed or unenclosed premises for the collection, sorting,
processing, or temporary storage of recyclable materials such as glass, tins,
paper, plastic and other non-hazardous recyclable materials but does not include
motor vehicles, trees, tires, metal, salvage, liquids or hazardous wastes.
4.232 Rental Storage Facility
Shall mean a building or structure which is divided into separate storage spaces
or units; and which are accessed individually and made available to the public on
a rental basis.
4.233 Resort
Shall mean a tourist establishment that operates throughout all or part of the year
and that has facilities for serving meals and furnishing equipment, supplies or
services to persons in connection with recreational purposes.
4.234 Retail Commercial Establishment
Shall mean a building or part of a building in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale at retail, or on a rental
basis, but does not include any establishment otherwise defined or classified
herein.
4.235 Retail Gasoline Establishment
Shall mean a lot, building or structure where gasoline is sold at retail to the public
as a principal or incidental operation.
4.236 Retirement Home
Shall mean a building in which:
a)
Accommodation is provided, mainly for retired persons;
b)
Common kitchen and dining facilities are provided for the residents; and
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c)
Common lounges, recreation rooms and health care facilities may also be
provided for the residents.
4.237 Retreat Centre
Shall mean a building or part of a building, in which the facilities are provided for
meetings for educational, religious and social purposes.
4.238 Right-of-way, Private
Shall mean a private road which affords access to abutting lots and does not
include a lane, street, road or highway as herein defined.
4.239 Salvage Yard
Shall mean an establishment where goods, wares, merchandise, articles or
things are processed for further use and where such goods, wares, merchandise,
articles or things are stored wholly or partly in the open. This definition may
include a junk yard, a scrap metal yard or an automobile wrecking yard, but shall
not include a recycling facility.
4.240 Sand Barrens
Shall mean land (not including land that is being used for agricultural purposes
and no longer exhibits sand barrens characteristics) that:
a)
Has sparse or patchy vegetation that is dominated by plants that are:
(i)
Adapted to severe drought and low nutrient levels; and
(ii)
Maintained by severe environmental limitations such as drought, low
nutrient levels and periodic disturbances such as fire.
b)
Has less than 25 percent tree cover;
c)
Has sandy soils (other than shorelines) exposed by natural erosion,
depositional process or both; and
d)
Has been further identified, by the Ministry of Natural Resources or by any
other person, according to evaluation procedures established by the
Ministry of Natural Resources, as amended from time to time.
4.241 Sanitary Sewer
Shall mean an adequate system of underground conduits, operated either by the
Corporation or by the Ministry of the Environment, which carries sewage to an
adequate place of treatment which meets with the approval of the Ministry of the
Environment.
4.242 Satellite Dish
Shall mean a device designed to receive communication signals from a satellite.
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4.243 Saturated Zone
Shall mean the zone below the water table where the spaces between the soil
grains are filled with water.
4.244 Savannah
Shall mean land (not including land that is being used for agricultural purposes
and no longer exhibits savannah characteristics) that:
a)
Has vegetation with a significant component of non-woody plants,
including tall grass prairie species that are maintained by seasonal
drought, periodic disturbances such as fire, or both;
b)
Has from 25 percent to 60 percent tree cover;
c)
Has mineral soils; and
d)
Has been further identified by the Ministry of Natural Resources or by any
other person, according to evaluation procedures established by the
Ministry of Natural Resources, as amended from time to time.
4.245 Saw or Planing Mill
Shall mean a building, structure or area where timber is cut, sawed or planed,
either to finished lumber or as an intermediary step, and may include facilities for
the kiln drying of lumber and may or may not include the distribution of such
products on a wholesale or retail basis.
4.246 School
Shall mean a school under the jurisdiction of a Board as defined by the Ministry
of Education
4.247 Seasonal Camp
Shall mean an establishment that is owned and operated by a private club or
organization for the boarding and lodging of children during the summer months
only, and may include such activities as boating, riding, archery, etc.
4.248 Second Units
Second units are private, self-contained residential units with kitchen and
bathroom facilities and sleeping areas within detached, semi-detached or row
houses or within ancillary structures such as garages or coach houses.
4.249 Self-Sustaining Vegetation
Shall mean vegetation dominated by plants that can grow and persist without
direct human management, protection or tending.
4.250 Service Shop
Shall mean a building or part of a building, not otherwise defined or classified
herein, and whether conducted in conjunction with a retail store or not, for the
servicing or repairing of articles, goods or materials.
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4.251 Setback
Shall mean 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, or the nearest open storage use on the lot.
4.252 Sewage Treatment Facility
Shall mean a building, structure or area approved by the Ministry of Environment
and Energy, where domestic and/or industrial waste is treated. This definition
shall include a sewage lagoon.
4.253 Sewer System, Sanitary
Shall mean a system of underground conduits, operated by the Municipality of
Trent Hills or by the Ministry of Environment and Energy, which carries sewage
to a sewage treatment facility which is in accordance with the standards of the
Ministry of Environment and Energy.
4.254 Sewer System, Storm
Shall mean a system of underground conduits, operated by the Municipality of
Trent Hills or by the Ministry of Environment and Energy, which carries sewage
to a sewage treatment facility which is in accordance with the standards of the
Ministry of Environment and Energy.
4.255 Shipping Container
Means any new and/or used container designed for the shipping of goods by
means of rail, truck or by sea that is strong enough to be suitable for the repeated
use and includes intermodal shipping containers and a transport trailer, but not a
straight truck box.
4.256 Shopping Centre
Shall mean a group of commercial establishments conceived, designed,
developed and managed as an interdependent and inter-related unit by a single
owner or tenant, or a group of owners or tenants acting in collaboration and
related in location, size and type to the surrounding local and distant trade area
which it serves, as opposed to a central business area comprising unrelated
individual commercial establishments.
4.257 Shopping Plaza
Shall mean a group of commercial establishments which are not interdependent
or inter-related and which have been designed, developed and managed as a
unit by a single owner or tenant, or a group of owners and tenants and primarily
serves the immediate surrounding trade area.
4.258 Sight Triangle
Shall mean the triangular area enclosed by the street lines of a corner lot and a
line drawn from a point in one street line to a point in the other street line, each
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such point being 9.0 metres from the point of intersection of the street lines
(measured along the street lines).
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.
4.259 Sign
Shall mean a sign within the meaning of the Corporation's Sign By-law.
4.260 Significant
Shall mean identified as significant by the Ministry of Natural Resources, using
evaluation procedures established by that Ministry, as amended from time to
time.
4.261 Site
Shall mean a parcel of land bound by a property line or a designated portion of a
public right-of-way and may mean the land subject to an application.
4.262 Site Alteration
Shall mean activities such as filling, grading and excavation that would change
the landform and natural vegetative characteristics of land, but does not include:
a)
the construction of facilities for transportation, infrastructure and utilities
uses, as described in Section 41 of the Oak Ridges Moraine Conservation
Plan, by a public body, or
b)
For greater certainty:
(i)
The reconstruction, repair or maintenance of a drain approved under
the Drainage Act and in existence on November 15, 2001 on lands
within the Oak Ridges Moraine; or
(ii)
The carrying out of agricultural practices on land that was being used
for agricultural uses on November 15, 2001 on lands within the Oak
Ridges Moraine.
4.263 Small-scale Commercial, Industrial, and Institutional Uses
Shall mean a uses that:
a)
Are supportive of complimentary to or essential to uses that are permitted
in Countryside area of the Oak Ridges Moraine Conservation Plan;
b)
Do not require large-scale modification of terrain, vegetation or both or
large-scale buildings and structures; and
c)
Include, but are not limited to:
(i)
Farm implement stores, feed stores and country markets;
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(ii)
Portable mineral aggregate crushing plants, portable asphalt plants
and composting plants; and
(iii) Schools, places of worship, community halls, retirement homes and
cemeteries, intended mainly to serve nearby rural settlements within
the Plan Area.
4.264 Storey
Shall mean the portion of a building, other than an attic or cellar, included between
any floor level and the floor, ceiling or roof next above it.
4.265 Storey, First
Shall mean the lowest storey of a building closest to finished grade having its
ceiling 1.8 metres or more above average finished grade.
4.266 Storey, One-Half
Shall mean the portion of a building situated wholly or in part within the roof and
having its floor level not lower than 1.2 metres below the line where roof and outer
wall meet and in which there is sufficient space to provide a height between
finished floor and finished ceiling of at least 2.3 metres over a floor area equal to
at least 50 percent of the area of the floor next below.
4.267 Storey, Second
Shall mean that portion of a building situated above the first storey and in which
there is a vertical dimension of at least 1.3 metres (measured from finished floor
to finished ceiling) over a floor area equal to at least 75% of the floor area of the
storey next below.
4.268 Storm Sewer
Shall mean a sewer which carries storm sewage or surface runoff but excludes
any combined or sanitary sewers.
4.269 Street or Road
Shall mean a public street or road for vehicles which affords the principal means
of access to abutting lots, but does not include a lane or private right-of-way.
4.270 Street, Improved Public
Shall mean a street or road assumed by the Corporation which has been
constructed in such a manner so as to permit its use by normal vehicular traffic.
4.271 Street Line
Shall mean the limit of the street or road allowance and is the dividing line
between a lot and a street or road.
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4.272 Structure
Shall mean anything that is erected, built or constructed of parts joined together,
the use of which requires location on the ground or attached to something having
location on the ground, but does not include a sign, tourist trailer, or mobile home.
4.273 Subwatershed
Shall mean an area that is drained by a tributary or some defined portion of a
stream.
4.274 Surface Catchment Area
Shall mean the area including and surrounding a kettle lake or wetland, from
which surface runoff drains directly into the kettle lake or wetland.
4.275 Sustainable
When used with respect to a natural resource, shall mean that the natural
resource is able to support a particular use or activity without being adversely
affected.
4.276 Tallgrass Prairie
Shall mean land (not including land that is being used for agricultural purposes
and no longer exhibits tallgrass prairie characteristics) that:
a)
Has vegetation dominated by non-woody plants, including tallgrass prairie
species that are maintained by seasonal drought, periodic disturbances
such as fire, or both;
b)
Has less than 25 percent tree cover;
c)
Has mineral solids; and
d)
Has been further identified by the Ministry of Natural Resources or by any
other person, according to evaluation procedures established by the
Ministry of Natural Resources, as amended from time to time.
4.277 Tavern
Shall mean an establishment within the meaning of and licensed under the Liquor
Licence Act, as amended.
4.278 Tent
Shall mean every kind of temporary shelter for outdoor activities and functions,
such as a wedding reception, that is not permanently affixed to the site and that
is capable of being easily moved.
4.279 Threatened Species
Shall mean any native species that is at risk of becoming endangered throughout
all or part of its Ontario range if the limiting factors are not reversed.
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4.280 Time of Travel
Shall mean the time that is needed for groundwater to travel a specified horizontal
distance in the saturated zone.
4.281 Tourist Establishment
Shall mean any premises operated to provide sleeping accommodation for the
travelling public or sleeping accommodation for the use of the public engaging in
recreational activities, and includes the services and facilities in connection with
which sleeping accommodation is provided, and without limiting the generality of
the term, also includes a cabin establishment, a tourist home, a tourist cottage
and a housekeeping cottage.
4.282 Tourist Home & Tourist Cottage
Shall mean a private dwelling that is not part of or used in conjunction with any
other tourist establishment and in which there are at least five rooms for rent to
the travelling or vacationing public, whether rented regularly, seasonally or
occasionally.
4.283 Trailer
Shall mean any vehicle that is at any time drawn upon a highway by a motor
vehicle, and shall be considered a separate vehicle and not part of the motor
vehicle by which it is drawn, EXCEPT an implement of husbandry, another motor
vehicle or any device or apparatus not designed to transport persons or property,
temporarily drawn, propelled or moved upon such highway.
4.284 Trailer Camp or Park
Shall mean a private establishment consisting of at least five camping lots and
comprising land used or maintained for the overnight camping or parking of travel
trailers, mobile camper trailers, truck campers, motor homes or tents; but does
not include park model trailers or mobile homes, for recreational or vacation use
and designed and used for seasonal occupancy only.
4.285 Trailer, Mobile Camper
Shall mean any vehicle in which the assembly can be erected, while stationary,
using the trailer body and related components for support and utilized for living,
shelter and sleeping accommodation, with or without cooking facilities which is
not used on a permanent basis is collapsible and compact while being drawn by
a motor vehicle.
4.286 Trailer, Travel
Shall mean any vehicle so constructed that it is suitable for being attached to a
motor vehicle for the purpose of being drawn or propelled by the motor vehicle
and is capable of being utilized for the temporary living, sleeping or eating
accommodation of persons for recreational purposes.
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4.287 Trailer Sales or Rental Establishment
Shall mean a building or part of a building and lands adjacent thereto where
trailers and other similar recreational vehicles including mobile camper trailers,
tourist trailers, motorized mobile homes, tent trailers, truck campers and boats
and snow vehicles and related trailers are displayed for sale and rent, and may
include facilities for related equipment and accessories and repair. This definition
shall not include mobile homes or modular homes.
4.288 Truck Camper
Shall mean any unit so designed and constructed that may be attached upon a
motor vehicle as a separate unit and capable of being utilized for the temporary
living, sleeping or eating accommodation of persons for recreational purposes.
4.289 Truck or Transport Terminal
Shall mean a building, structure or place where trucks or transports are rented,
leased, kept for hire, or stored or parked for remuneration, or from which trucks
or transports, stored, or parked on the property, are dispatched for hire as
common carriers.
4.290 Universal Design
Shall mean the design of products and environments to be usable by all people,
to the greatest extent possible, without the need for adaptation or specialized
design.
4.291 Unserviced Park
Shall mean a park that provides recreational opportunities and facilities, including
playing fields, but without outdoor lighting, accessory commercial facilities, paved
parking lots or permanent water or sewer facilities.
4.292 Use
Shall mean, when used as a noun, the purpose for which a lot or building or
structure, or any combination thereof is designed, arranged, intended, occupied
or maintained and "USES" shall have a corresponding meaning. "USE" when
used as a verb, or "TO USE" shall have a corresponding meaning.
4.293 Valleyland
Shall mean a natural area that occurs in a valley or other landform depression
that has water flowing through or standing for some period of the year.
4.294 Veterinarian Clinic
Shall mean a building or part of a building in which facilities are provided for the
prevention, cure and alleviation of disease and injury to animals
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4.295 Video Rental and Sales Establishment
Shall mean a building or part of a building in which video movies and/or video
games are offered and kept for sale at retail and on a rental basis, but does not
include any other establishment otherwise defined or classified herein.
4.296 Walkway
Shall mean an unobstructed passageway for all of the following: pedestrians,
bicycles, snowmobiles and equestrian movements which shall be maintained by
the owner or owners of the lot on which the required walkway is located.
4.297 Warehouse
Shall mean a building or part of a building used for the storage and distribution of
goods, wares, merchandise, substances, articles or things, and may include
facilities for a wholesale or retail commercial outlet, but shall not include a truck
or transport terminal.
4.298 Waste Disposal Area
Shall mean a place where garbage, refuse or domestic waste is disposed of, or
dumped, excluding liquid industrial waste, and shall include a sewage treatment
plant or sewage lagoon, as well as a sanitary landfill site.
4.299 Watercourse
Shall mean the natural channel for a perennial or intermittent stream of water.
4.300 Water Frontage
Shall mean a piece of land fronting on and providing access to a watercourse,
bay or lake.
4.301 Watershed
Shall mean an area that is drains into a watercourse/river and its tributaries.
4.302 Water Supply
Shall mean an adequate distribution system of underground piping and related
storage, including pumping and purification appurtenances operated by a
municipal corporation and/or the Ministry of the Environment and/or any public
utilities commission for public use.
4.303 Water Supply Plant
Shall mean a building or structure, approved by the Ministry of the Environment
where water is treated for human consumption.
4.304 Wayside Pit
Shall mean a temporary pit opened or used by or for a public body solely for the
purpose of a particular project of road construction and not located on the road
right-of-way.
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4.305 Well
Shall mean an underground source of water which has been rendered accessible
by the drilling or digging of a hole from ground level to the water table and may
include a private piped system from a surface water source.
4.306 Wellhead Protection Area
Shall mean the surface and subsurface area surrounding a water well or well field
that supplies a public water system and through which contaminants are
reasonably likely to move so as eventually to reach the water well or well field.
4.307 Wetland
Shall mean land such as a swamp, marsh, bog or fen (not including land that is
being used for agricultural purposes and no longer exhibits wetland
characteristics) that:
a)
Is seasonally or permanently covered by shallow water or has the water
table close to or at the surface;
b)
Has hydric soils and vegetation dominated by hydrophytic or water-tolerant
plants; and
c)
Has been further identified, by the Ministry of Natural Resources or by any
other person, according to evaluation procedures established by the
Ministry of Natural Resources, as amended from time to time.
4.308 Wildlife Habitat
Shall mean land that:
a)
is an area where plants, animals and other organisms live or have the
potential to live and find adequate amounts of food, water, shelter and
space to sustain their population, including an area where a species
concentrates at a vulnerable point in its annual or life cycle and an area
that is important to a migratory or non-migratory species; and
b)
Has been further identified, by the Ministry of Natural Resources or by any
other person, according to evaluation procedures established by the
Ministry of Natural Resources, as amended from time to time.
4.309 Woodland
Shall mean a treed area, woodlot or forested area, other than a cultivated fruit or
nut orchard or a plantation established for the purpose of producing Christmas
trees.
4.310 Workshop, Custom
Shall mean a building or structure where manufacturing is performed by
tradesmen requiring manual or mechanical skills and may include a carpenter's
shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a commercial
welder's shop, or similar uses.
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4.311 Workshop, Home
Shall mean a building or structure that is utilized by the resident(s) of a dwelling
unit for the production of non-commercial products requiring manual or
mechanical skills and may include a woodworking shop, a tinsmith's shop or
similar uses.
4.312 Yard
Shall mean a space, appurtenant to a building or structure, located on the same
lot as the building or structure, and which space 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 the By-law.
4.313 Yard, Front
Shall mean a yard extending across the full width of the lot between the front lot
line of the lot and the nearest part of any building or structure on the lot, or the
nearest open storage use on the lot.
4.314 Yard, Front Depth
Shall mean the least horizontal dimension between the front lot line of the lot and
the nearest part of any building or structure on the lot, or the nearest open storage
use on the lot.
4.315 Yard, Rear
Shall mean a yard extending across the full width of the lot between the rear lot
line of the lot and the nearest part of any building or structure on the lot, or the
nearest open storage use on the lot.
4.316 Yard, Rear Depth
Shall mean the least horizontal dimension between the rear lot line of the lot and
the nearest part of any building or structure on the lot, or the nearest open storage
use on the lot.
4.317 Yard, Required
Shall mean the minimum yard required by the provisions of this By-law.
4.318 Yard, Side
Shall mean a yard extending from the front yard to the rear yard and from the side
lot line of the lot to the nearest part of any building or structure on the lot, or the
nearest open storage use on the lot.
4.319 Yard, Side Exterior
Shall mean a side yard immediately adjoining a public street.
4.320 Yard, Side Interior
Shall mean a side yard other than an exterior side yard.
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4.321 Yard, Side, Width
Shall mean the least horizontal dimension between the side lot line of the lot and
the nearest part of any building or structure on the lot, or the nearest open storage
use on the lot.
4.322 Zone of Contribution
When used in reference to a period of time, means the area within which the
water pumped from a well originates during that time.
4.323 Zone Provisions
The permissible uses, the minimum area and dimensions of lots, the minimum
dimensions of yards, the maximum lot coverage, the minimum setback, the gross
floor area, the minimum landscaped open space, the maximum height of
buildings, the minimum parking requirements, and all other Zone Provisions are
set out within the By-law for the respective Zones.
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Section 5 - General Provisions
5.1
Accessory Buildings, Structures and Uses
a)
Permitted Uses
Where this By-law provides that a lot may be used or a building or structure
may be erected or used for a purpose, that purpose shall include any
accessory building or structure or accessory use, but shall not include the
following:
(i)
Any occupation for gain or profit conducted within or accessory to a
dwelling unit or on the lot, except, as in this By-law, is specifically
permitted; or
(ii)
Any building used for human habitation, except, as in this By-law, is
specifically permitted.
The second storey of an accessory building, which is not part of the principal
or main building, may be used for a second unit in any Residential and Rural
Zone, subject to meeting the yard and setback requirements of the Zone in
which the accessory building is located, and Section 5.24.
b)
Relation to Street
Except as may otherwise be provided herein, in any Residential Zone, any
accessory building or structure, which is not part of the principal or main
building, shall be erected in conformity with the setback requirements of the
Zone in which such building is located.
In all other Zones, a permitted accessory building or structure may be
located between the principal or main building on the lot and the street line,
provided such accessory building or structure complies with the yard and
setback requirements of the Zone in which such building or structure is
located.
c)
Relation to Principal or Main Building
Except as may otherwise be provided herein, any accessory building or
structure, which is not part of the principal or main building, shall not be
erected closer than 1.5 metres to the principal or main building, provided
that in no case shall any overhang, eaves or gutter project into this required
minimum area that shall be clear of any obstruction from the ground to the
sky.
d)
Lot Coverage and Height
The total lot coverage of all accessory buildings and structures, except
swimming pools, shall not exceed 15 percent of the lot area, nor shall the
height of any accessory building or structure exceed 8 metres.
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e)
Accessory Structures
Notwithstanding the yard and setback provisions of this By-law to the
contrary, drop awnings, flag poles, garden trellises, retaining walls, fences,
signs, trees, hedges, landscaping features, gardens or similar uses which
comply with the By-Laws of the corporation, shall be permitted in any
required yard or in the area between the street line and the required setback,
provided that no structure or feature is located closer than 1.2 meters to the
front property line.
f)
Boat House, Pump House, Dock or Launching Facility
Notwithstanding any other provision of this By-law to the contrary, a boat
house, pump house, dock or launching facility may be erected and used in
the required yard of a lot abutting a navigable waterway, provided such
accessory buildings or structures are located no closer than 1.2 metres to
side lot line and meet the requirements of the Conservation Authority.
g)
Bunkie
Notwithstanding any other provisions of this By-law to the contrary, a Bunkie
may be erected and used in the required yard of a lot abutting a navigable
waterway within the Shoreline Residential (SR) Zone, provided that the
Bunkie does not exceed 75 square metres in total floor area, and complies
with the yard and setback requirements of the Zone in which such building
or structure is situated and provided further that such accessory buildings
or structures are not located within the Environmental Protection (EP) Zone.
h)
Fire Escapes
Notwithstanding the yard and setback provisions of this By-law to the
contrary, unenclosed fire escapes, in which the stair-steps and floors are
latticed in such a manner that the proportion of voids to solids is not less
than two to one and in which guards consist of hand rails and the structural
members necessary for their support, may project into any required setback
a maximum distance of 1.2 metres.
i)
Garages or Other Accessory Buildings or Structures
Notwithstanding any other provision of this By-law to the contrary, an
attached or detached private garage or other accessory building may be
erected and used in a front, interior side, exterior side or rear yard provided
that:
(i)
Interior Side Yard
Where such accessory building is located in an interior side yard, it
shall not be closer than 1.2 metres to the interior side lot line, except
where a common semi-detached garage is being erected
simultaneously on both sides of the lot line, as one building, in which
case no interior side yard to the accessory building is required.
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(ii)
Rear Yard
Where such accessory building is located in a rear yard it shall not be
closer than 1.2 metres to the interior side lot line or rear lot line, except,
where a common semi-detached garage is being erected
simultaneously on both sides of the interior lot line, as one building, in
which case no interior side yard to the accessory building is required.
(iii) Rear Yard with Lane Access
Where such accessory building is located in a rear yard it shall not be
closer than 1.2 metres to the interior side lot line or rear lot line, except
where a single detached private garage is being erected, with direct
access from the lane, in which case the structure shall not be located
closer than 1.2 metres to the rear lot line, or except where a common
semi-detached garage is being erected simultaneously on both sides
of the interior lot line, as one building, with direct access from the land,
in which case no interior side yard is required, but the structure shall
not be located closer than 2.4 metres to the rear lot line.
(iv) Front or Exterior Side Yard
When an accessory building or structure is attached to the principal or
main building, such accessory building or structure may be erected in
a front or exterior side yard provided that such accessory buildings or
structure is not located within a required front or exterior side yard and
provided further that such accessory building or structure is of the
same external fabrication material as the principal or main building on
the lot.
(v)
Front or Exterior Side Yard - Navigable Waterway
When a detached private garage is located on a lot which abuts a
navigable waterway, it may be located between the principal or main
building on the lot and the street line provided that the applicable yard
and setback requirements of the respective Zone are complied with.
(vi) Utility Sheds
Notwithstanding the foregoing provisions, a utility shed may be erected
adjacent to the principal structure and within a required interior side
yard or rear yard provided that the vertical projection of the limits of the
roof line are not closer than 0.6 metres to the interior side or rear lot
line. For the purposes of the By-law, such a utility shed shall be
maintained and used for the purposes of storing lawn and garden
equipment or similar household related equipment and shall not have
a total floor area in excess of 9.3 square metres.
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(vii) A detached accessory building or structure may be erected in the
front or exterior side yard on a lot within a residential zone where
there is an existing structure provided the detached accessory
building meets the minimum setback requirement for the front or
exterior side yard for a primary use.
(viii) Utility sheds may be erected on vacant lots in the Rural Residential,
Shoreline Residential and Special Rural Residential Zones where
there is no principal structure provided that the utility shed is 9.3
square meters or less in area.
j)
Gate House in Industrial Zone
Notwithstanding the yard and setback provisions of this By-law to the
contrary, in any Industrial Zone, a gate house shall be permitted in a front
or side yard or in the area between the street line and the required setback.
k)
Ornamental Structures
Notwithstanding the yard and setback provisions of this By-law to the
contrary, sills, chimneys, cornices, eaves, gutters, parapets, pilasters, or
other ornamental structures may project into any required yard or the area
between the street line and the required setback a maximum distance of 0.6
metres.
l)
Outdoor Swimming Pools
Notwithstanding the yard provisions of this By-law to the contrary, an
outdoor swimming pool shall be permitted in any residential zone, in the
interior and rear yard of a lot provided that:
(i)
Such outdoor swimming pool and apron shall not be situated within
1.2 metres of the side lot line, rear lot line or the principal or main
building on the lot;
(ii)
Any building or structure required for changing clothing or pumping or
filtering facilities or other accessory uses, shall be in accordance with
the provisions applicable to accessory buildings as outlined in section
5.1;
(i)
The maximum area covered by an outdoor swimming pool shall not
exceed 15 percent of the total lot area; and,
(iii) The outdoor swimming pool shall comply with the provisions of any
regulatory By-laws of the Corporation governing the establishment of
swimming pools.
m)
Satellite Dishes
Notwithstanding any other provisions of the By-law to the contrary, the
following provisions shall apply to a regulate satellite dishes on any lot:
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(i)
Not more than 1 satellite dish shall be permitted on any lot located
within a Residential Zone;
(ii)
Satellite dishes shall not be permitted within the front or exterior side
yard of any lot within a Residential Zone;
(iii) Satellite dishes shall not be within 1.8 metres to an interior side or
rear lot line within a Residential Zone;
(ii)
In all other zones, a satellite dish shall comply with the yard and
setback requirements of the zone in which it is situated.
n)
Unenclosed Porches, Balconies, Steps or Patios
Notwithstanding the yard and setback provisions of this By-law to the
contrary, unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance of 1.8
metres, but not closer than 1.2 metres to any lot line, provided that in the
case of porches, steps or patios such uses are not more than 1.8 metres
above grade.
o)
Wind Turbines
Notwithstanding any other provisions of this By-law to the contrary, one wind
turbine shall be permitted as an accessory use in the Rural (RU), Rural
Residential (RR) and Special Rural Residential (SRR) Zones. A Noise
Impact Assessment will be required to assist in determining the appropriate
location.
The following provisions shall apply to the establishment of a wind turbine
where permitted:
(i)
Yard and Setback Requirements
Wind turbines shall not be located within the minimum yard dimensions
for uses in the Zone in which they are located. Wind turbine structures
shall be set back from the property line one and one-half times the
height of the tower. Where the height is in excess of 10 metres, the
tower shall be located at a distance of at least 3 times its height from
the nearest property line.
The tower shall also be set back 10 metres from any above-ground
utility line, except a utility used to connect the subject property to the
local utility.
p)
Restaurants - Outdoor Eating Patio
Notwithstanding any other provisions of the By-law to the contrary, the
following provisions shall apply to regulate outdoor eating patios as an
accessory to a permitted restaurant:
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(i)
The outdoor eating patio shall be permitted in any yard of the subject
property;
(ii)
All tables, chairs and decorative accessories shall be of an outdoor
furniture design constructed using weather resistant materials
(iii) Furnishings shall not be positioned in such a manners as to obstruct
exit from the associated eating establishment and shall be totally
contained within the approved patio area;
(iv) All exterior lighting shall be task oriented and shall not spill into
abutting private property
(v)
The outdoor eating patio shall be appropriately fenced from abutting
private property; and,
(vi) The location, size, seating capacity and privacy fencing of any
outdoor eating patio will be subject to site plan control.
q)
Construction Uses (Temporary)
A tool shed, construction trailer, scaffold, shipping container or any other
structure incidental to construction, is permitted where construction work is
in progress, and until work is completed or abandoned. For the purposes of
this section, "abandoned" means failure to proceed expeditiously with the
construction work or renovation of the building permit.
r)
No truck, bus, coach, trailer, street car body, shipping container or
structure of any kind, other than a structure erected and used in
accordance with this By-law, the Ontario Building Code and Regulations
passed under the Building Code Act and all other By-laws of Trent Hills
shall be used for human habitation, whether or not the same is mounted
on wheels.
s)
No truck, bus, coach, trailer, street car body, shipping container or
structure of any kind, other than a structure erected and used in
accordance with this By-law, the Ontario Building Code and Regulations
passed under the Building Code Act an all other By-laws of Trent Hills,
shall be used for the storage of goods and materials.
t)
Notwithstanding the provisions of Sections 5.1(q-s), a maximum of four (4)
shipping containers will be permitted accessory to a principle use in the
General Commercial (C1), Highway Commercial (C2), General Industrial
(M1), Extractive Industrial (M2), Waste Disposal Industrial (M3).
(i)
Shipping Containers will be subject to the provisions of Section 5.18
(outside storage);
(ii)
A minimum setback of 30 metres shall be maintained from the high
water mark of any water body or water course;
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(iii) Shipping Containers shall be set back a minimum of five (5) metres
from all other structures; and
(iv) Shipping Containers shall be maintained in good condition; free from
rust; painted to remove any markings and/or labels; and in keeping
with the principal use of the property.
u)
Notwithstanding the provisions of Sections 5.1(q-s), a maximum of two (2)
shipping containers will be permitted as accessory to a principal use in the
Rural (RU), Rural Residential (RR), Special Rural Residential (SRR), and
Agricultural (A) Zones:
(i)
Shipping Containers will only be permitted in the rear or side yard of
the property;
(ii)
Shipping Containers will be subject to all the setback, height and
coverage requirements for accessory structures, for these Zones;
(iii) Shipping Containers will be subject to the screening from adjacent
residential uses in the form of fencing or plantings, or a suitable
alternative;
(iv) A minimum setback of 30 metres shall be maintained from high water
mark of any water body or water course;
(v)
For the purpose of this By-law, any land(s) situated on a navigable
body of water, the waterfront side will be considered the "front yard".
Shipping Containers will be subject to a miscellaneous permit issued by the
Building Division. The fee will be on the basis as for an accessory building.
Any existing shipping container(s) on any property within any approved
Zone within the Municipality of Trent Hills, that existed prior to the passage
of this By-law, will be subject to all terms and conditions as specified within
this By-law.
5.2
Areas Regulated by Conservation Authority
Notwithstanding any other provisions set forth in this By-law to the contrary,
where lands are located within an Environmental Protection (EP) Zone or other
hazardous or environmentally significant area regulated by a Conservation
Authority, no persons shall undertake the placing or removal of fill with respect to
the erection of any building or structure or alter the existing drainage pattern
without complying with the regulations and standards of the Conservation
Authority having jurisdiction.
Prior to any development within or adjacent to the Environment Protection and
Environment Sensitive Zones, the Conservation Authority shall be contacted to
ensure compliance with their regulations and standards. In the event that a
building within the regulated area is destroyed by a natural catastrophe or a fire,
the Conservation Authority shall be contacted regarding the percentage of the
building that can be rebuilt.
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5.3
Dwelling Units below Grade
Basement or Walkout Basement
Where a dwelling house is serviced by a private sewage disposal system, no
dwelling unit shall, in its entirety, be located in a basement, if the finished floor
levels of such basement is below the level of the sanitary or storm sewer or septic
tank facilities, as the case may be, servicing the building or structure is which
such basement is located, or if the floor level of such basement is more than 0.6
metres below the adjacent finished grade. Where a single detached, semi-
detached, linked semi-detached, row or linked row dwelling house is serviced by
a municipal piped sewage disposal system, a secondary dwelling unit may be
situated in a basement subject to compliance with the provisions of this By-law.
5.4
Established Building Line in Built-Up Area
Notwithstanding the yard and setback provisions of this By-law to the contrary,
where a permitted building or structure is to be erected on a lot in a built-up area,
where there is an established building line extending on both sides of the lot, such
permitted building or structure may be erected closer to the street line, or the
centreline of the street, as the case may be, than required by this by-law provided
such permitted building or structure is not erected closer to the street line or the
centreline of the street, as the case may be, than the established building line on
the date of passing of this By-law.
5.5
Existing Buildings, Structures and Uses
a)
Continuation of Existing Uses
The provisions of this By-law shall not apply to 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 purposes on the date of
passing of this by-law, so long as it continues to be used for that purpose.
b)
Permitted Exterior Extension
A building or structure, which at the date of passing this By-law, was used
for a purpose not permissible within the Zone in which it is located, shall not
be enlarged, extended, reconstructed or otherwise structurally altered,
unless such building or structure is thereafter to be used for a purposed
permitted within such Zone, and complies with all requirements of this By-
law for such Zone. Any enlargement, extension, reconstruction or other
structural alterations shall comply with the standards and regulations of the
Conservation Authority.
c)
Permitted Interior Alteration
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The interior of any building lawfully used on the date of passing of this By-
law for a use that is not permitted within the Zone that such building is
located may be reconstructed or structurally altered, in order to render the
same more convenient or commodious for the same purpose for which, at
the passing of this by-law, such building was used.
d)
Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any building or structure or part thereof, lawfully used on the
date of passing of this By-law, provided that the strengthening or restoration
does not increase the building height, size or volume or change the use of
such building or structure.
e)
Permitted Non-Complying Buildings or Structures
(i)
Nothing in this By-law shall prevent the enlargement, extension,
renovation, repair or alteration of a building or structure, which
existed at the date of passing of this By-law, which is used for a
purpose specifically permitted within the Zone in which such building
or structure is located, where such building or structure does not
comply with the setbacks or one or more yards that are less than
required provided that the setback or one or more yards that are less
than required are not further reduced and that all other provisions of
the By-law are complied with. Any enlargement, extension,
renovation, repair or alteration of a building or structure shall also
comply with the standards and regulations of the Conservation
Authority.
(ii)
Notwithstanding the foregoing, this provision shall not apply to a
building or structure which has been demolished following the
issuance of a demolition permit by the Corporation. In such cases
the reconstruction of a building or structure shall comply with the yard
and setback requirements as well as all other provisions of this By-
law.
f)
Reconstruction of Damaged Existing Buildings or Structures
Nothing in this By-law shall apply to prevent the reconstruction of any lawful
non-conforming building or structure which is damaged by causes beyond
the control of the owner, provided that such reconstruction is proceeded with
as expeditiously as possible. A second dwelling that was required during
reconstruction can be retained following completion of the reconstruction
provided that the kitchen facilities are removed.
g)
Building Permit Issued
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The provisions of this By-law shall not apply to prevent the erection or use,
for a purpose prohibited by the By-law, of any building or structure, the plans
for which have, prior to the date of passing this By-law, have been approved
by the Building Inspector, 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
2 years after the date of the passing of this by-law and such building or
structure is completed within a reasonable time after the erection thereof is
commenced.
h)
Floor Area Less Than Required
Nothing in this By-law shall prevent an extension or an addition being made
to a permitted dwelling house, which dwelling house existing at the time of
passing of this By-law but which has a gross floor area or dwelling unit area
less than required by this By-law, provided such extension or addition does
not contravene any other provision of this By-law.
i)
For the purpose of this Zoning By-law, the minimum gross floor area of a
residential dwelling in any residential zone shall be the minimum gross
floor area as required by the Ontario Building Code for the combination of
residential rooms proposed in the dwelling unit. All other provisions of
Zoning By-law 2010-105 will apply. For accurate reference, refer to
attached section of the Ontario Building Code.
5.6
Existing Undersized Lots
Where a lot having a lesser lot area and/or lot frontage than required by this By-
law, is held in distinct and separate ownership from abutting lots at the date of
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 single detached dwelling may
be erected, altered, or used on such smaller lot provided that the lot area is not
less than 1,400 square metres, and the lot frontage is not less than 30 metres,
and further provided that the proposed use is permitted on the zone which applies
to the property and complies with all other requirements of the By-law.
Notwithstanding the above, within Campbellford, Hastings, Warkworth, Trent
River, and Norham (identified within the Schedules on separate maps), where a
lot having a lesser lot area and/or lot frontage than required by this By-law is held
under distinct and separate ownership from abutting lots, at the date of 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
uses on such smaller lot provided that all other requirements of this By-law are
complied with.
In addition to the above, the uses shall be permitted only if the lot can be provided
with an adequate supply of potable water, and all relevant sewage disposal
requirements under the Ontario Building Code are complied with.
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5.7
Existing Undersized Registered Deposit (R.D.) Plan Lots
Notwithstanding the provisions of Section 5.6 hereof to the contrary, lots within
Registered Deposit (R.D.) Plans shall only be used for a single detached dwelling
in accordance with the following:
a)
The lot shall provide a minimum building area of 1,400 square metres
outside of any lands zoned Environmental Protection (EP) on the lot;
b)
The lot shall have 30 metres of frontage upon an improved public street or
road;
c)
Two or more R.D. lots may be merged into a single lot to achieve the
above requirements as necessary; and
d)
Lots within the following R.D. Plans are not developable in accordance
with the Trent Hills Official Plan:
5
8
17
24
38
39
48
49
50
54
55
56
69
72
73
74
75
76
72
73
98
95
103
104
106
107
108
109
499
498
103
38R-199
e)
To allow site specific residential development for a single detached
dwelling on Part 117, RD 104, Baxter Road, geographic Township of
Percy.
5.8
External Design
The following building materials shall not be used for the exterior vertical facing
on any wall of any residential building or structure within the Municipality:
a)
Building paper;
b)
Asphalt shingle;
c)
Asphalt roll-type siding; or
d)
Asphalt insulting siding.
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5.9
Floodfringe Areas - "F"
a)
Areas of Application
Where a zone symbol on Plate "A" is followed by the symbol "F", the
following regulations for floodproofing shall apply.
b)
Application of Other Zone Provisions
All provisions which are applicable within a zone category for the use of any
land, building or structure permitted within the zone category shall also apply
where regulations for floodproofing are in effect, except as specifically
altered by the requirements for floodproofing.
Notwithstanding any other provisions of this By-law to the contrary, all lands
exhibiting a zone category with the F sub-category may continue to be used
for those uses existing as of the date of passing of this By-law.
c)
Floodproofing Requirements
Additions, alterations or replacement of existing buildings or structures shall
only take place where the lowest openings are above Regional Flood
Elevations and/or can be maintained through the following floodproofing
techniques.
(i)
All structures and buildings shall be designed to withstand any
anticipated hydrostatic forces resulting from flooding;
(ii)
The composition and strength of all structural materials used in
construction are to be adequate to avoid deterioration from flooding;
(iii) The minimum elevation of the ground or first floor level of any
building, and of any exterior building opening, shall not be less than
the minimum elevation for floodproofing.
(iv) All measures for floodproofing shall be constructed in accordance
with the standards of the Building By-law of the Municipality of Trent
Hills and all other requirements of the Building Code Act, as
amended, as well as the applicable regulations of the Conservation
Authority, Ministry of Natural Resources and any other agencies
having jurisdiction.
5.10
Frontage on a Public Street, Unassumed Road or Private Right-
of-Way
a)
Public Street
No person shall erect any building or structure in any Zone, unless the lot
upon which such building or structure is to be erected fronts upon a public
street that is maintained year-round by the Municipality, and further that
such building or structure complies with the setback provisions of this By-
law.
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b)
Unassumed Road
Notwithstanding the provisions of Section 5.8(a) hereof to the contrary, the
provisions of this by-law shall not apply to prevent the erection of a permitted
a building or structure on a lot in a Registered Plan of Subdivision where a
properly executed subdivision agreement has been entered into with the
Municipality where under the street or streets will not be assumed by the
Municipality until such time as specified in the said agreement.
c)
Private Right of Way
Notwithstanding the provisions of Section 5.8(a) hereof, where a building
has been erected on a lot which fronts on a private right-of-way registered
on title and as now travelled on a deeded right-of-way and providing legal
ingress and egress to an improved public street, the provisions of this By-
law shall not apply to prevent the enlargement, alteration, extension,
renovation or reconstruction of such building or structure, provided the use
of such building or structure is permissible in the Zone in which it is located
and that all other applicable provisions of the By-law are complied with.
5.11
Group Homes
a)
Group Homes - General
Notwithstanding any other provisions of this By-law to the contrary, the
following provisions shall apply to Group Homes for Children, Seniors, and
the Psychiatrically Handicapped located within the Municipality:
(i)
A maximum of one group home per 1000 permanent residents of the
Municipality shall be permitted;
(ii)
No Group Home of any type shall be located within 120.0 metres of
another Group Home of any type;
(iii) Only Group Homes licensed or approved by the Province of Ontario
or its agencies for the accommodation of children, seniors and
developmentally handicapped, are to be permitted where a Group
Home is a permitted use;
b)
Group Homes - Developmentally and Mentally Handicapped
Notwithstanding any other provisions of this By-law to the contrary, the
following provisions shall apply to Group Homes for the developmentally
handicapped within the Municipality:
(i)
A maximum of one Group Home for the developmentally or mentally
handicapped per 1,000 permanent residents of the Municipality shall
be permitted;
(ii)
No Group Home of any type shall be located within 120.0 metres of
another Group Home of any type;
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(iii) Only Group Homes licensed or approved by the Province under the
Developmental Services Act, 2001, and the Children's Residential
Services Act (for developmentally handicapped children only) shall
be permitted as Group Homes for the Developmentally or Mentally
Handicapped. These Group Homes shall be permitted wherever
Group Homes are a permitted use.
5.12
Height Exceptions
Notwithstanding the height provisions herein contained, nothing in this By-law
shall apply to prevent the erection, alteration, or use of the following accessory
buildings or structures provided the main use is a use permitted within the Zone
in which it is located: a church spire, a belfry, a flag pole, a clock tower, a chimney,
a water tank, a radio or television tower or antenna, air conditioner duct, grain
elevator, a barn or silo, incidental equipment required for processing and external
equipment associated with internal building equipment.
5.13
Holding Zone Provisions
Where a zone symbol on the By-law Schedule is followed by the holding zone
symbol "H" the permitted uses and relevant zone provisions applicable to that
zone do not apply until such time as the holding zone symbol "H" is removed in
accordance with the policies of the Official plan and the requirements of the
Planning Act, R.S.O. 1990, as amended.
Prior to the removal of the holding zone symbol "H" only uses which existed as of
the date of the adoption of the holding zone provisions are permitted.
a)
Regulations for Permitted Uses
All regulations and provisions which apply in a zone category where there
are no holding zone provisions in effect shall also apply where a holding
zone has been established.
b)
Removal of the Holding Provisions
The holding zone provisions shall only be removed in accordance with the
Planning Act and only when council is satisfied that the following criteria
have been met in a manner and form acceptable to Council. The criteria to
be satisfied shall consist of either the provision of adequate municipal roads,
electricity, piped water or storm and sanitary sewer services to a specific
area, or an agreement entered into between the owner, and the Municipality
to provide the aforementioned municipal roads, electrical or piped services.
5.14
Home Industry
Where a home industry is permitted as an accessory use to a dwelling house in
any Zone, the following provisions shall apply:
a)
A maximum of 1 person other than the occupant of the dwelling may be
engaged in the home industry at any time;
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b)
Such home industry may be located in any accessory building located on a
lot on which a dwelling is in existence, provided the total gross floor area
utilized by the home industry does not exceed a maximum of 70 square
metres;
c)
There shall be no display, other than a non-illuminated sign having a
maximum surface area of 1.0 square metres, to indicate to persons
outside that any part of the dwelling or dwelling unit is being used for a
purpose other than residential;
d)
There shall be no outside storage of goods, materials or vehicles or
equipment;
e)
Only currently licensed motor vehicles, associated with the home industry
may be parked or stored on the lot within an interior side or rear yard.
Only one commercial vehicle shall be permitted on a lot; and
f)
Such home industry shall be clearly accessory to the main residential use
and shall not change the residential character of the dwelling or the lot.
5.15
Home Occupation
The following regulations apply to a dwelling unit wherein a home occupation is
permitted:
a)
The home occupation shall only be undertaken by a person or persons
occupying the dwelling house or dwelling unit.
b)
There shall be no display of goods, other than a sign erected in conformity
with the By-laws of the Municipality, to indicate to persons outside that any
part of the dwelling unit is being used for a purpose other than residential.
c)
A home occupation shall be clearly secondary to the main residential use
and shall not change the residential character of the dwelling house or unit
nor create or become a public nuisance, in particular, in regard to noise,
traffic or parking.
d)
A home occupation shall not interfere with television or radio reception of
other in adjacent buildings or structures.
e)
Not more than 25 percent of the gross floor area of the dwelling house or
dwelling unit shall be used for the home occupation use, including and
building used for the storage of materials and equipment required for the
home occupation. A home occupation may be undertaken within a
dwelling house or accessory building, but in no case shall the total area
allocated to the home occupation exceed the maximum stated above.
f)
A home occupation shall not include a medical clinic, a private hospital, a
nursing home, an eating establishment or a veterinary clinic, but shall
include a business or professional office, artisanship or craft uses and
woodworking that complies with the provisions of this subsection.
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5.16
Illumination
Lighting fixtures designed for exterior illumination shall be installed with the light
directed downward and deflected away from adjacent lots. The use of full cut-off
luminaries shall be used for street lighting and outdoor lighting in recreation
areas, commercial and employment areas.
5.17
Loading Space Requirements
a)
Loading Space
Loading or unloading spaces are required under this By-law, in accordance
with the Loading Space Requirement Table, and the owner of every building
or structure erected for any purpose involving the receiving, shipping. Each
loading or unloading space shall be 9 metres long, 3.6 metres wide and
have a vertical clearance of at least 4.2 metres wide. In addition, adequate
space shall be provided for the parking of vehicles awaiting access to the
loading or unloading spaces.
Loading Space Requirement Table
Gross Floor Area of Building
Loading S
280 Square Metres or Less
1 space
Exceeding 280 square metres but not
2,300 square metres
3 spaces
Exceeding 2,300 square metres but not
7,400 square metres
4 spaces
Exceeding 7,400 square metres
4 spaces plus 1 additional space for each
additional 9,300 square metres or part
thereof in excess of 7,400 square metres
b)
Access
Access to loading or unloading spaces shall be by means of a driveway at
least 6 metres wide contained on the lot is which the spaces are located and
leading to an improved public street as defined herein.
c)
Loading Space Surface
Driveways, loading and unloading spaces, and, related aisles and turning
areas shall be maintained with a stable surface which is treated so as to
prevent the raising of dust. Such loading and unloading facilities shall,
before being used, be constructed of crushed stone, gravel, asphalt,
concrete or similar material and shall include provisions for drainage
facilities.
d)
Location
The loading space or spaces required shall be located in the interior side or
rear yard unless such space or spaces are set back from the street line a
minimum of 30 metres.
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e)
Additions to or Change in Use of Existing Buildings
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 which increases the gross floor area,
then additional loading space shall be provided as required by paragraph
(a) of this subsection for such addition.
Where a change in the use of an existing building occurs, loading space for
the new use shall be provided in accordance with paragraph (a) of this
subsection and in accordance with the provisions of the Loading Space
Requirement Table.
5.18
Livestock on Smaller Lots
a)
Livestock may be permitted on lots less than eight (8) hectares in size
within the following Zones: Rural, Agricultural, Rural Residential, Special
Rural Residential, and Shoreline Residential, in accordance with the
Regulations of Section 5.16
b)
Livestock is defined as follows:
(i)
Small sized livestock: rabbits, chickens, turkeys, geese and similar
sized animals;
(ii)
Medium sized livestock: sheep, goats, llamas, ostriches, and similar
sized animals; and
(iii) Large sized livestock: cattle, horses and similar size animals.
c)
The minimum requirement for keeping livestock in the above noted Zones
are as follows:
(i)
Minimum lot size of 0.8 hectares for the keeping of small livestock;
(ii)
The lot must have 0.4 hectares of pastures available for the livestock;
(iii) Any area used to contain animals or store manure must have a
minimum separation distance of 100 metres to any neighbouring
dwelling;
(iv) The minimum setback from any area where livestock is kept will be 8
metres to an abutting property line;
(v)
Any building where livestock are kept shall not be located in any
portion of a front yard. The building will be set back 15 metres from
the side and rear property lines of the property; and
(vi) Livestock pasture areas and manure storage areas will be set back
15 metres from watercourses, wetlands and drainage courses.
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d)
The minimum lot size for keeping large animals will be 2.0 hectares. The
density for large animals will be 0.4 hectares per animal with a maximum
of three (3) animals on a 2.0 hectare lot, with 1.2 hectares of pasture.
e)
Medium sized livestock will not exceed a density of three (3) animals per
0.4 hectares with a maximum of three (3) animals on a 0.8 hectare lot.
f)
As lot size increases, the number of livestock kept on a property may
increase according to a formula of six (6) small; three (3) medium or one
(1) large animal per 0.4 hectares of additional pasture area available.
g)
Notwithstanding the animal density provisions of this By-law, new-born
large animals may be maintained on a property for up to one (1) year.
New-born small animals may be maintained on a property for up to sixty
(60) days.
5.18.2 Chickens on Small Lots
Six (6) hens may be kept on a parcel Zoned Rural Residential, Special Rural
Residential, or Shoreline Residential provided that the lot is a minimum of 0.4
hectares in size; the animals are kept in a fenced enclosure and that the area
where the chickens are kept is not located in the front yard and set back 7.5
metres from side and rear property lines.
5.18.3 Further
a)
Property owners who wish to house livestock on their property will submit
an application for authorization to the Planning Department, using the
approved application form.
b)
Property owners will be required to make an annual application for renewal
of authorization if they continue to keep livestock. They are also required
to apply to the Municipality for authorization to change the type of livestock
they keep on the property.
c)
Property owners will be required to provide a site plan to show the size
and location of pasture areas for livestock, livestock buildings, setbacks
and manure storage.
d)
Staff may require the provision of a Livestock Management Plan / Nutrient
Management Plan.
5.19
Minimum Distance Separation Formula
New land uses, including but not limited to, the creation of lots, zoning by-law
amendments, minor variances, development permits and site plan agreements,
and new or expanding livestock facilities, shall comply with the Minimum Distance
Separation 1 and Minimum Distance Separation II Formula defined herein.
Setbacks for new dwellings constructed on lots other than the lot containing the
barn/barns containing livestock, shall be required to conform to the Minimum
Distance Separation 1 Formula. MDS 1 shall not apply to the construction of a
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new dwelling that is replacing a dwelling destroyed in whole, or in part, by a
catastrophe, provided that ALL of the following conditions are met:
- The building which existed before the application was habitable;
- The proposed building is for the same or less sensitive land use type than
the former building; and
- The proposed building is built no closer to the surrounding livestock
facilities or anaerobic digester then the former building.
New barns or expansions to existing barns shall require setbacks in conformity
with the Minimum Distance Separation II Formula. MDS II shall not apply to the
construction of a livestock facility that is replacing a livestock facility destroyed by
a catastrophe, provided that:
- There is no switch to a livestock type with a higher odour potential;
- There is no increase in the number of nutrient units housed; and
- There is no change from a solid to a liquid manure system or will have a
new manure storage with an increase relative odour potential, than existed
before reconstruction.
If deemed appropriate by the Municipality, the process by which a reduction to
MDS I and/or MDS II may be considered will be through a Minor Variance to the
Comprehensive Zoning By-law or a site specific Zoning By-law Amendment.
5.20
Multiple Uses and/or Zones on One Lot
a)
Multiple Uses on One Lot
(i)
Where any land, building or structure is used for more than one
purpose, the applicable provisions of this By-law which serve to
regulate each such use shall be complied with, provided that no
dwelling as may be permitted, shall be erected closer than 3 metres
to any building or structure on the lot except for a building or
structure accessory to such dwelling.
(ii)
The lot area requirement shall be the sum of the requirements for the
separate uses thereof; however, the lot frontage requirement shall be
the greatest of the lot frontage requirements for each individual use
in the zone where such lot is located.
b)
Multiple Zones on One Lot
(i)
Where a lot is divided into more than one zone under the provisions
of this By-law, each such portion of the said lot shall be used in
accordance with the Zone Provisions of this by-law for the applicable
Zones established hereunder.
(ii)
No new lot shall be created within any zone unless the lot created
and the remnant lot comply with minimum lot area and lot frontage
requirements of the applicable zone.
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(iii) Notwithstanding the generality of the foregoing, this provision shall
not apply to lands which are located within the Rural (RU and
Environmental Protection (EP) Zone, provided adequate area exists
outside of the Environmental Protection (EP) zone to accommodate
the use or uses proposed.
5.21
Outside Storage, Open Storage, Outside Display and Sale of
Goods and Materials
Where the outside display and sale of goods and materials is permitted, the
following provisions shall be complied with:
a)
Such outside display and sale shall be accessory to a permitted
commercial use carried on in an enclosed building, or portion, thereof, on
the same lot;
b)
The area used for outside display and sale shall not be more than twice
the floor area above grade of the permitted building, or portion of any such
building constructed upon the lot, and used for the commercial purposes
for which outside display and sale is permitted, and in any event, such
area for outside display and sale shall not be more than 40 percent of the
lot area with the exception of the Highway Commercial (C2) Zone. Within
the Highway Commercial (C2) Zone, the area for outside display and sale
shall not exceed 60 percent of the lot area for uses permitted in that zone;
c)
If the interior side lot line or rear lot line of a lot upon which such outside
display and sale is permitted abuts a Residential Zone, then a planting
strip shall be provided, along such abutting lot line, or portion thereof, in
accordance with the requirements for planting strips contained herein;
d)
Where lighting facilities are provided, they shall be so arranged as to
deflect the light onto the outside display and sale area, and away from
adjoining properties and streets;
e)
The area used for outside display and sale shall be in addition to and
separated from the areas required for parking;
f)
The area used for outside display and sale shall provide side and rear
yards in accordance with the provisions for the Zone in which the land is
situated, but in any event shall not be closer to any side or rear lot line
than 3 metres;
g)
A portion of the front yard, up to a maximum of 5%, adjacent to the
building, may be used for outside display and sale.
h)
The area used for outside display and sale shall be surfaced and
maintained with either concrete, asphalt, crushed stone and other hard
surface and dustless materials or maintained as a lawn in a healthy
growing condition; and,
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i)
Prior to the establishment of an area for the outside display and sale, the
owner shall file in writing with the By-law Enforcement Officer, a Site Plan
thereof giving full particulars including a sketch or survey of the lands to be
used in relation to all buildings or other structures on the same lot.
5.22
Parking Regulations
a)
Parking Space Requirement Table
Parking Space Requirement Table
Type or Nature of Use
Minimum Off-street Parking
Requirements
Commercial
Assembly Hall, Auditorium, Arena,
Community Centre, Place of
Entertainment, Museums, Place of
Worship, or other similar places of
assembly not otherwise specified herein
The greater of:
a)
One parking space per 5 fixed
seats or portion thereof;
b)
One parking space per 9 square
metres of gross floor area; or,
c)
One parking space for each4
persons that may be legally
accommodated at any one time.
Bank, Business and/or Professional
Office, Post Office, Retail Commercial
Establishment, Personal Shop, including
a Home Occupation, Art Gallery
One parking space for each 20 square
metres of gross floor area of the building
directly related to the specified permitted
use.
Bowling Alley
Two parking spaces for each bowling
lane.
Eating Establishment
One parking space for each 9 square
metres of gross floor area or portion
thereof.
Funeral Home
One parking space for each 5 seating
spaces or fraction thereof with a minimum
of ten parking spaces
Golf Course
24 parking spaces for each 9 holes of
golfing facilities.
Hotel, Motel, Cottage or Resort
Establishment or Tourist Home
One parking space for each guest room,
cottage or cabin, plus such parking
facilities as are required for an eating
establishment.
Marina
One parking space for each boat slip
provided plus 1 parking space per 38
square metres of total retail floor area or
fraction thereof.
Medical or Dental Clinic, or Offices
4 parking spaces per doctor, plus1
parking space for each examination room
exceeding five such rooms per office.
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Industrial
Manufacturing Establishment
1 parking space per 40 m2 GFA for the
first 1200 m2
1 parking space per 100 m2 GFA for the
next 4800 m2
1 parking space per 200 m2 GFA over
6000 m2
Residential
Apartment, Triplex, Fourplex, Converted
or Row Dwelling House
1 ¼ parking spaces for each dwell unit
Boarding or Lodging House
One parking space for each bedroom
Home for the Aged, Nursing Home
One parking space per 4 dwelling units,
or for every 4 beds or portion thereof,
plus 1 parking space for a dwelling unit
designed for a resident caretaker.
Residential other than Specified Herein
One parking space per dwelling unit.
Schools
Elementary
The greater of:
a)
One parking spaces per classroom;
or
b)
One parking space per 9 square
metres of floor area in the
gymnasium; or
c)
One parking space per 9 square
metres of floor area in the
auditorium.
Secondary
The greater of:
4 parking spaces per classroom;
1 parking space per 9 square metres of
floor area in the gymnasium; and
1 parking space per 9 square metres of
floor area in the auditorium
Other
Uses Permitted by this By-law Other than
those listed in this Table.
1 parking space per 30 m2 GFA
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Accessible Parking Spaces - General
Up to 50 automobile parking spaces
1 accessible and 1 limited mobility
parking space
51-100 automobile parking spaces
2 accessible and 2 limited mobility
parking spaces
101-200 automobile parking spaces
4 accessible and 2 limited mobility
parking spaces
201-300 automobile parking spaces
5 accessible and 3 limited mobility
parking spaces
301-500 automobile parking spaces
6 accessible and 4 limited mobility
parking spaces
Over 500 automobile parking spaces
6 plus 1 accessible parking space and 4
limited mobility parking spaces for each
100 automobile parking spaces over 500
Accessible Parking Spaces - Medical Clinics or Nursing Homes
Up to 30 automobile parking spaces
Minimum of 2 accessible parking spaces
Between 31 to 60 automobile parking
spaces
Minimum of 4 accessible parking spaces
Over 61 automobile parking spaces
Minimum of 6 accessible paring spaces
Other
Uses Permitted by this By-law Other than
those listed in this table
One parking space per 38 square metres
of gross floor area
b)
Parking Area Requirements
Parking spaces and area are required under this By-law in accordance with
the Parking Space Requirements Table, and the owner of every building or
structure erected or used for any of the purposes hereinafter set forth shall
provide and maintain for the sole use of the owner, occupant or other
persons entering upon or making use of the said premises from time to time,
parking spaces area areas accordingly.
c)
Parking Area Surface
Each parking area and driveway connecting the parking area with a street
shall be maintained with a stable surface which is treated so as to prevent
the raising of dust or loose particles. They shall before being used, be
constructed of crushed stone, gravel, asphalt or concrete and with provision
for drainage facilities.
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d)
Ingress and Egress
(i)
Ingress and egress to and from the required parking spaces and
areas shall be provided by means of unobstructed driveways or
passageways of at least 3 metres but no more than 9 metres in
perpendicular width.
(ii)
The maximum width of any joint ingress and egress driveway ramp
measured along the street line shall be 9 metres.
(iii) The minimum distance between any two driveways on one lot, or
between a driveway and an intersection of street lines measured
along the street line intersected by such driveway shall be 8 metres.
(iv) The minimum angle of intersection between a driveway and a street
line shall be 60 degrees.
(v)
Every lot shall be limited to the following number of driveways:
- Up to the first 15 metres of frontage, not more than one driveway;
- Greater than 15 metres of frontage but not more than 30 metres of
frontage, not more than two driveways with a combined width not
exceeding 30 percent of the lot frontage; and,
- For each additional 30 metres of frontage, not more than one additional
driveway.
e)
Parking Area Design Requirements
The following parking area design requirements shall apply to all required
parking areas in all zones, except for a permanent or seasonal detached
dwelling house, mobile home dwelling house, semi-detached dwelling
house, duplex dwelling house and street front townhouses, namely:
(i)
The minimum width shall be 3 metres and the minimum length shall
be 5.7 metres;
(ii)
That where a parking space has a parking angle of 30 degrees or
less, such parking space shall be at least 6.7 metres in length where
the aisle width is at least 4 metres;
(iii) That where the parking angle is less than 50 degrees, the minimum
aisle width shall be at least 4 metres;
(iv) That where the parking angle is equal to or greater than 50 degrees,
but less than 70 degrees, the minimum aisle width shall be at least
5.5 metres;
(v)
that where the parking angle is equal to or greater than 70 degrees
but less than or equal to 90 degrees, the minimum aisle width shall
be at least 6.7 metres; and
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(vi) The minimum width of a handicapped parking space shall be 3.75
metres and the minimum length shall be 6 metres.
f)
More than One Use on a Lot
When a building or structure accommodates more than one type of use, the
parking space requirement for the whole building shall be the sum of the
requirements for the separate parts of the building occupies by the separate
types of use, unless otherwise specified herein.
g)
Parking Area Location on Lot
Notwithstanding the yard and setback provisions of this By-law to the
contrary, uncovered surface parking areas shall be permitted in the required
yards or in the area between the street line and the required setback as set
out below. Further, in all Zones, except Residential, no driveway or parking
area is permitted within 9 metres of the boundary of a Residential Zone, and
no parking space within 3 metres of a Residential Zone. A parking area will
not be permitted in a residential zone without a permitted primary use.
Zone
Yard in Which Required Parking Area is Permitted
Environmental Protection,
Rural, Recreational, Open
Space, Community Facility
and Commercial
All yards provided that no part of any parking area,
other than a drive- way, is located closer than 1 metre
to any street line or within a sight triangle.
Residential
Interior side and rear yard and one Space may be
provided in the driveway, provided, that no, part of any
parking areas, other than a driveway, is located closer
than 1 metre to any street line.
Industrial
Interior side and rear yards only, except for visitor
parking provided that no part of any parking area, other
than a driveway is located closer than 1 metre to any
street line or within a sight triangle.
h)
Additions to or Changes in Use of Buildings
The parking space requirements referred to herein shall not apply to any
building in existence as of the date of passing this By-law so long as the
existing gross floor area is not increased by more than 10 percent of the
gross floor area of the building existing on the date of passing of this by-law.
If an addition is made to the building or structure which increases the floor
area, then parking space for the additions shall be provided as required by
the Parking Space Requirement Table.
Where a change is use of the building or structure occurs which increases
the off-street parking requirements, as set forth in the parking Space
Requirement table, then parking spaces shall be provided in accordance
with these requirements set forth in the Parking Space Requirement Table
for the total gross floor area of the building or structure.
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i)
Use of Parking Spaces and Areas
Parking spaces and areas required in accordance with this By-law shall be
used for the parking of operative, currently licensed vehicles only, and for
vehicles used in operations incidental to the permitted uses in respect of
which such parking spaces and areas are required or permitted. Provided,
however, no person shall use any lot, in any Residential Zone, for the
parking or storage of more than one of any commercial motor vehicle in
excess of one-half tone, capacity, except that one commercial motor
vehicle, not exceeding one ton, may be stored in a private garage.
Notwithstanding the above provisions, within a Rural Zone a maximum of 2
school buses may be parked or stored on any lot as an accessory use.
j)
Parking Spaces on Other Lots
Where the owner of a building or structure proposes to provide the required
parking spaces and areas in a location other than on the same lot as the
use that requires such spaces and areas, then such shall be located not
more than 90 metres from the said lot and shall be located within the same
Zone as the said lot. However, in the case of parking of a Shoreline
Residential Zone, that has an existing access only by navigable waterway,
a parking lot may be located in an area which is greater than 150 metres
from the Zone.
k)
Abandoned Equipment
Unused and discarded motor vehicles, farm implements and similar
abandoned equipment shall not be located or stored in any Zone.
5.22.1 Entrance & Driveway Requirements
a)
General Provisions
(i)
These provisions shall apply to entrances along all roads owned and
maintained by the Municipality of Trent Hills. Roads along County
Roads have their own requirements.
(ii)
New entrances shall be permitted for existing properties where no
entrance has previously been provided. New entrances shall be
permitted where an entrance is replacing an existing entrance, and
the old entrance is removed.
(iii) Every property with a dwelling must have an entrance. Shared
entrances between properties are not permitted on municipal roads;
they may be permitted on County Roads.
(iv) Entrances in close proximity to each other must have a minimum
separation of 1 metre, and require landscaping, detailing or other
signifying landmarks to demarcate the median.
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(v)
Entrances are not permitted on a private road or unassumed
municipal road.
(vi) Entrances shall not be permitted in the following locations:
- Onto an exclusive lane for channelization, acceleration, or deceleration
(i.e., a right-turn lane);
- Within 25 metres of an intersection between two or more roads, or within
the site triangle of an intersection;
- Within 25 metres of a bridge;
- Within 25 metres of an at-grade trail crossing;
- Where minimum stopping sight distance cannot be met; and
- Where an entrance would result in a negative or unsafe condition for the
travelling public.
(vii) The minimum stopping sight distance is the distance that must
remain visible of obstructions in both directions from a proposed
entrance. This includes being clear of landscaping, foliage,
structures, and curves in the road. The gradient of the road can
either increase or decrease the stopping sight requirements, as seen
on the below table:
Correction for Stopping Distance Based
on Slope of Road (m)
Road Grade
Decreases (-)
Road Grade
Increases (+)
Posted
Speed
(kph)
Stopping
Sight (m) 3%
6%
9%
3%
6%
9%
80
150
140
135
130
160
165
180
70
110
100
95
90
120
125
140
60
85
80
80
70
90
95
100
50
65
60
60
55
65
70
75
40
50
50
45
40
50
55
60
(viii) The entrance must be built level to the shoulder of the road for at
least 8 metres from the edge of the Municipal or County Road.
b)
High-volume Entrances - High-density Residential, Commercial
Plazas, Industrial Parks & Institutional Uses
High volume entrances shall be required for any uses that generates
multiple daily trips, such as high-density residential, community facility
uses, commercial uses, and manufacturing uses. All high-volume
entrances shall meet the following requirements:
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(i)
The minimum width for two-way entrances shall be 9.0m and the
maximum width shall be 15.0m.
(ii)
Entrances shall have a minimum offset of 10 metres from the
property line in rural areas, and a minimum offset of 3 metres from
the property line in settlement areas.
(iii) A maximum of two (2) entrance per property with greater than 40
metres of frontage shall be permitted, with a minimum of 16 metres
of space required between entrances. Approval of additional
entrances will be considered by Municipal Staff.
c)
Low-Volume Entrances
The following shall apply to all entrances to any use that generates a small
number of daily trips, primarily low to medium density residential uses
Multiple low-density residential uses on a single lot (i.e., from a Plan of
Condominium) may be upgraded to a High-Volume Entrance. All low
volume entrances shall meet the following requirements:
(i)
The minimum width for low volume entrances shall be 4 metres
within settlement areas, and 7.5 metres within rural areas.
(ii)
Low volume entrances shall have a minimum offset of 5 metres from
the property line in rural areas, and a minimum offset of 2 metres
from the property line in settlement areas.
(iii) A maximum of one (1) low volume entrance is permitted for uses
within the settlement areas.
(iv) A maximum of two (2) entrances per residential rural property shall
be permitted, so long as the property has a frontage greater than 75
metres. There shall be a minimum of 30 metres between entrances.
d)
Resource Entrances
The following shall apply to all Agricultural, including farm fields, livestock
barns, as well as Resource Extraction Uses such as quarries, pits, and
forestry operations. All Resource entrances shall meet the following
requirements:
(i)
All entrances for agricultural or resource extraction purposes shall
have a minimum width of 15 metres.
(ii)
Low volume entrances shall have a minimum offset of 5 metres from
the property line in rural areas, and a minimum offset of 2 metres
from the property line in settlement areas.
(iii) There shall be a minimum of 30 metres between entrances.
(iv) Agricultural, resource extraction, and other similar uses are permitted
multiple entrances at the discretion of the municipality.
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5.23
Pits & Quarries
The making or establishment of new pits or quarries is prohibited within the area
covered by this By-law, except in the locations specifically permitted by this By-
law, and only then in accordance with the express provisions of this By-law. No
person shall use, occupy or excavate land or erect any building or structure or
conduct any activity on land for the purpose of processing, washing, screening,
sorting or crushing rock, sand and/or gravel, except as expressly provided for in
this By-law.
The erection of any building or structure or the creation of a lot in the area
adjacent to a licensed pit or quarry shall be subject to the completion of
appropriate studies, such as a noise study, that will identify an appropriate
distance separation from the aggregate operation to the satisfaction of the
municipality.
5.24
Planting Strips
a)
Location
Where the interior side or rear lot line of a Community Facility, Commercial
or Industrial Zone abuts a Residential Zone, a planting strip adjoining such
abutting lot line, or portion thereof, shall be provided on the Community
Facility, Commercial or Industrial Zone with a minimum width of 3 metres.
b)
Contents
A planting strip shall consist of a row of trees or a continuous unpierced
hedgerow of evergreens or shrubs, not less than 1.8 metres high,
immediately adjacent to the lot line or portion thereof along which such
planting strip is required hereunder. The remainder of the strip shall be
planted with shrubs, flower beds, grass or a combination thereof.
c)
Interruption for Driveways or Pedestrian Walkways
In all cases where ingress and egress driveways or walks extend through a
planting strip, it shall be permissible to interrupt the strip within 3 metres of
the edge of the driveway or within 1.5 metres of the edge of the walk.
d)
Maintenance
Where a planting strip is required, it shall be planted, nurtured and
maintained by the owner or owners of the lot on which the strip is located.
e)
Landscaped Open Space
A planting strip may form a part of any landscaped open space required by
this By-law.
5.25
Public Uses
a)
Public Use
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Except as otherwise provided in paragraph b) of this subsection, the
provisions of this By-law shall not apply to prevent the use of any lot or the
erection or use of any building or structure for the purposes of the public
services provided by the Municipality and/or any Public Authority.
b)
Location
Where in this By-law a public use is specifically permitted within a Zone,
then such use shall only be permitted within that Zone or Zones.
c)
Provisions
Where a lot building or structure is to be used for the purposes of a public
use, the following criteria shall apply:
(i)
No goods, material or equipment shall be stored in the open, except
as permitted in such Zone;
(ii)
Any Zone Provisions of the Zone in which the use is located shall be
complied with except as otherwise provided in paragraph d).
d)
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, pipe line or overhead or underground hydro, telephone or other supply
and/or communication line; provided that the location of such main or line
has been approved by the Municipality.
5.26
Reduction of Requirements
No person shall change the purpose for which any lot or building is used, or erect
any building, or structure, or addition to any existing building, or sever any lands
from any existing lot if the effect of such action is to cause the original, adjoining
remaining or new building or lot to be in contravention of this By-law.
5.27
Additional Residential Unit
An additional residential unit shall be permitted in a single detached dwelling,
semi-detached dwelling, or a rowhouse dwelling and located within a separate
building ancillary to a single detached dwelling, semi-detached dwelling, or a
rowhouse dwelling in accordance with the following provisions:
General Additional Residential Unit Provisions:
a)
The maximum of two additional residential units are permitted per one
primary dwelling unit on the property.
b)
An additional residential unit shall be ancillary to the primary dwelling unit
on the property.
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c)
In rural areas, an additional residential unit shall be permitted in a single
detached and semi-detached dwelling subject to the provision of potable
water and sewage septic systems to provide for the additional dwelling
unit.
d)
An additional residential unit shall not be permitted a driveway for its sole
use. A tandem parking space is permitted within the driveway serving the
primary dwelling to meet the Section 5.19 Parking Regulations
requirement for iv) Residential other than specified herein.
e)
Tandem parking space shall mean a parking space that is only accessed
by passing through another parking space from a street, lane, drive aisle,
or driveway.
f)
An additional residential unit shall not be permitted in land zoned
Environmental Protection where there is an existing dwelling or any area
subject to flooding as identified by a Conservation Authority, regardless of
the non-complying status of the existing building.
g)
An additional residential unit shall not be permitted on private roads and
rights-of-way where emergency services may be limited.
h)
An additional residential unit shall not be permitted in areas adjacent to
lakes with limited lake capacity.
i)
An additional residential unit shall not be permitted on the same lot that a
garden suite, Bunkie, or any other rooming units are located.
j)
A building permit shall be required for the establishment of an additional
residential unit and all Building Code requirements and Fire Code
requirements shall be adhered to.
k)
Where a 'secondary dwelling unit' is referenced in any special exception
zone provisions of this by-law, the Section 5.24 Additional Residential Unit
provisions will apply to such a unit.
l)
An additional resident unit within an accessory building or structure shall
be subject to the lot coverage provisions of Section 5.1 d). For additional
dwelling units to be located within urban residential areas (R1, R2, and R3
Zones), the total maximum lot coverage of all structures shall be 45%.
m)
An additional residential unit located in an accessory building or structure
shall meet the minimum yard provisions of Section 5.1 i).
n)
Notwithstanding Section 5.1 d), the maximum height for an additional
residential unit located in an accessory building or structure shall not
exceed the maximum height of the primary dwelling on the property.
5.28
Service Requirement
Development may be permitted outside of the urban settlements provided that
such development is in accordance with the zone provisions and that the
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proposed private well and septic sewage systems meet the requirements of the
approval authority and Council is satisfied that no adverse effects will be
experienced.
5.29
Sight Triangles
Within an area defined as a sight triangle, the following uses shall be prohibited:
a)
A building, structure or use which would obstruct the vision of drivers of
motor vehicles;
b)
A fence, tree, hedge, bush, or other vegetation, the top of which exceeds 1
metre in height above the elevation of the street line;
c)
A finished grade which exceeds the elevation of the street line by more
than .75 metres;
d)
The parking of motor vehicles or any loading space; and
e)
A sign other than an authorized traffic sign or signal or any sign or notice
erected by any local or other government department or authority.
5.30
Signs
The provision of this By-law shall not apply to prevent the erection, alteration or
use of any sign provided such sign complies with the By-laws of the Municipality
regulating signs.
5.31
Special Uses Permitted
A tool shed, construction trailer, scaffold or other building or structure incidental
to construction is permitted in all Zones within the Municipality on the lot where it
is situated only for so long as a valid building permit is in effect.
5.32
Storage of Special Vehicles
a)
Vehicles Permitted
No person shall use any lot in any Residential Zone, excepting a lot in a
Rural Residential Zone, for the purpose of parking or storing not more than
two of the following: a boat, motorized mobile home or travel trailer except
for:
(i)
One boat which does not exceed 8.5 metres in length;
(ii)
One motorized mobile home which does not exceed 8, 5 metres in
length;
(iii) One travel trailer which does not exceed 8.5 metres in length,
exclusive of hitch or tongue.
b)
Yards Where Permitted
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In any Residential Zone, the parking or storage of a boat, motorized mobile
home or travel trailer shall only be permitted in a garage, carport, or other
building, or in an interior side yard or rear yard but not closer than 1.25
metres to any lot line.
5.33
Telecommunication Tower
The following provisions shall apply to the establishments of a telecommunication
tower where permitted:
a)
Yard and Setback Requirements
Telecommunication towers shall not be located within the minimum yard
dimensions for uses in the Zone in which they are located.
Telecommunication towers shall be set back from the property line one and
one-half times the height of the tower. Where the height is in excess of 10
metres, the tower shall be located at a distance of at least 3 times its height
from the nearest property line.
b)
Accessory Building or Structure
One accessory equipment storage building having a maximum height of 3
metres, and maximum dimensions of 3 metres by 4 metres may be
permitted.
5.34
Through Lots
Where a lot, which is not a corner lot, has lot frontage on more than one 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.
5.35
Oak Ridges Moraine
5.35.1 Single Detached Dwelling Permitted
a)
Notwithstanding any provision of this By-law, within the Oak Ridges
Moraine Conservation Plan Area, a single detached dwelling was a
permitted use, if a single detached dwelling was a permitted principal, or
accessory use, in this By-law as of November 15, 2001, provided the
single detached dwelling complies with all other provisions of the
applicable zone and further, the applicant submits information at the time
of building permit application that the use, erection and location will not, to
the extent possible, adversely affect the ecological integrity of the Oak
Ridges Moraine. This information may include a natural heritage
evaluation and/or hydrological evaluation completed in accordance with
the Oak Ridges Moraine Conservation Plan and will be approved by the
Municipality in consultation with the local Conservation Authority.
Approval of the development is subject to site plan approval by the
Municipality.
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5.35.2 Existing Uses (Legal Non-Conforming Uses)
Notwithstanding any other provisions of this By-law to the contrary, uses that
existed legally as of November 15, 2001, may continue until the use(s) ceases to
exist.
5.35.3 Expansion of Existing Buildings & Structures
a)
The expansion of legally existing non-agriculture-related buildings and
structures in any zone is permitted to a maximum of 100 percent of the
ground floor area of the building or structure as of November 15, 2001.
Provided all other regulations of this By-law are met, there is no restriction
on the size of the expansion of legally existing agriculture-related buildings
and structures in any zone.
New accessory uses, buildings and structures, including swimming pools,
related to the existing uses are permitted in any zone provided that;
(i)
The accessory use, building or structure complies with all provisions
of the applicable zone;
(ii)
Such expansion complies with all provisions of the applicable zone;
and,
(iii) Such expansion will not, to the extent possible, adversely affect the
ecological integrity of the Oak Ridges Moraine. A natural heritage
evaluation and/or hydrological evaluation may be required and will be
approved by the Municipality in consultation with the local
Conservation Authority. Approval of the development is subject to
site plan approval by the Municipality.
b)
Where the expansion of an existing building or structure or the
establishment of an accessory use, building or structure intrudes on areas
within the Oak Ridges Environmental Zone or the Oak Ridges Moraine
Environmental Plan Review areas as shown on Plates B, C and D
contained herein, the applicant shall submit a natural heritage evaluation
and/or a hydrological evaluation completed in accordance with the Oak
Ridges Moraine Conservation Plan and will be approved in conjunction
with the local Conservation Authority. Approval of the development is
subject to site plan approval by the Municipality.
5.35.4 Landform Conservation Area
a)
Notwithstanding any other provisions of this By-law to the contrary, the
following provisions shall apply within a Landform Conservation Area
(Category 1) as indicated on Plate C attached hereto and forming part of
this By-law:
(i)
The net developable are of the site that is disturbed shall not exceed
25 percent of the total site area; and
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(ii)
The net developable area of the site that has impervious surfaces
shall not exceed 15 percent of the total site area.
b)
Notwithstanding any other provisions of this By-law to the contrary the
following provisions shall apply within a Landform Conservation Area
(Category 2) as indicated on Plate C attached hereto and forming part of
this By-law:
(i)
The net developable area of the site that is disturbed shall not
exceed 50 percent of the total site area; and
(ii)
The net developable area of the site that have impervious surfaces
shall not exceed 20 percent of the total site area.
5.35.5 Areas of High Aquifer Vulnerability
a)
Notwithstanding any other provisions of this By-law to the contrary, the
following uses are prohibited within an Area of High Aquifer Vulnerability
as indicated by the zone shown on Plate D attached hereto and forming
part of this By-law:
(i)
Generation or storage of hazardous or liquid industrial waste;
(ii)
Waste disposal sites and facilities, organic soil conditioning sites, and
snow storage and disposal facilities;
(iii) Underground or above-ground bulk storage tanks that are not
equipped with an approved secondary containment device; and
(iv) The use, creation, handling or storage of alfztoxin,
tetrachlorodibenzo-p-dioxin, pentachlorodibenzo-p-dioxin,
hexachlorodibenso-dioxin, or other contaminants listed in Schedule 3
(Severely Toxic Contaminants) to Regulation 347 of the Revised
Regulation of Ontario, 1990.
5.35.6 Rapid Infiltration Basins and Columns
a)
Notwithstanding any other provisions of this By-law to the contrary, new
rapid infiltration basins and new rapid infiltration columns as defined in this
By-law are prohibited.
5.35.7 Transportation, Infrastructure & Utilities
a)
Notwithstanding any other provisions of this By-law to the contrary, all new
transportation, infrastructure and utilities uses listed below, and all
upgrading or extension of existing transportation, infrastructure and utilities
uses, including the opening of a road within an unopened road allowance,
are prohibited on lands within an Oak Ridges Environmental Zone as
shown on Plates B, C, and D to this By-law:
(i)
Public highways;
(ii)
Transit lines, railways and related facilities;
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(iii) Gas and oil pipelines;
(iv) Sewage and water service systems and lines and stormwater
management facilities;
(v)
Power transmission lines;
(vi) Telecommunications lines and facilities, including broadcasting
towers;
(vii) Bridges, interchanges, stations, and other structures, above and
below ground, that are required for the construction, operation or use
of the facilities listed in Clauses i) to vi) above; and
(viii) Rights-of-way required for the facilities listed in clauses i) to vii)
above.
b)
Notwithstanding Section 5.32.7 a) of this By-law to the contrary, publicly
initiated transportation, infrastructure and utilities uses may be permitted to
cross an Oak Ridges Environmental Zone, as shown on Plates B, C and D
of this By-law in accordance with all applicable policies of the Official Plan.
5.35.8
Notwithstanding any other provisions of this By-law to the contrary, lands zoned
Oak Ridges Moraine Environmental may be included in the calculation of any
zone provisions for adjoining lands, provided that such lands used in the
calculation are part of the same lot.
5.35.9
Notwithstanding any provision of this By-law to the contrary, all development shall
comply with all applicable Official Plan policies related to the Oak Ridges Moraine
Conservation Plan Area.
5.35.10
Where there is a conflict between this By-law and the Oak Ridges Moraine
Conservation Act, or the Oak Ridges Moraine Conservation Plan, the more
restrictive provisions shall prevail.
5.36
Cannabis Production and Processing
Notwithstanding any other provision of this By-law, any Cannabis Production and
Processing shall be subject to the following provisions; this by-law only allows for
the Production and Processing of legal Cannabis for those holding a valid license
to do so by the Federal Minister of Health or the designated authority to grant a
license.
a)
No lands, building or structure or portion thereof used for Cannabis
Production and Processing purposes that is equipped with air treatment
control situated in the General Industrial Zone (M1), may be located closer
to any Residential Zone, Institutional Zone, or Open Space Zone than 70
metres.
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b)
No lands, building or structure or portion thereof used for Cannabis
Production and Processing purposes that is equipped with air treatment
control situated in the Rural Zone (RU) or the Agricultural Zone (A) may be
located closer to any Residential Zone, Institutional Zone, or Open Space
Zone than 150 metres.
c)
No lands, building or structure or potion thereof used for Cannabis
Production and Processing purposes that is equipped with air treatment
control situated in the General Industrial Zone (M1), may be located closer
to any dwelling, public school, private school, place of worship, or day care
nursery than 150 metres.
d)
No lands, building or structure or portion thereof used for Cannabis
Production and Processing purposes that is equipped with air treatment
control situated in the Rural Zone (RU) or the Agricultural Zone (A) may be
located closer to any dwelling, public school, private school, place of
worship, or day care nursery than 150 metres.
e)
No lands, building or structure or portion thereof used for Cannabis
Production and Processing purposes that is not equipped with air
treatment control situated in the General Industrial Zone (M1), may be
located closer to any dwelling, public school, private school, place of
worship, or day care nursery than 300 metres.
f)
A building or structure used for security purposes for Cannabis Production
and Processing may be located in the required front yard and does not
have to comply with the required minimum front yard, side yard and rear
yard setbacks.
g)
Outdoor storage is prohibited on the property in which the Cannabis
Production and Processing is located.
h)
Cannabis Production and Processing shall only be permitted within the
zones as explicitly indicated in this Zoning By-law.
i)
All development in relation to the establishment of or expansion to a
Cannabis Production and Processing shall be subject to Site Plan Control.
(i)
Cannabis Production and Processing located in a Rural or
Agricultural Zone shall be required to provide hydrogeological study
or water budget to show that an adequate water supply is available
for production without impacting neighbouring properties. This
applies to irrigation or indoor growing and will include information
regarding water storage and reuse.
(ii)
Cannabis being grown as an outdoor crop shall provide information
regarding water use.
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j)
The site plan referred to in i) will include a copy of the security plan
including fencing, areas where crop is grown, surveillance measures, and
any buildings associated with producing the product or security.
k)
Cannabis Production and Processing located in a Rural or Agricultural
Zone shall be limited as follows:
- Building coverage of buildings associated with production and processing -
maximum of 4,000 square metres;
- Maximum area of land for outdoor cultivation of cannabis at one time: 10
hectares (24.7 acres).
l)
Micro-cultivation will be considered on lands within the Rural and
Agricultural Zones, including legal non-conforming lots, provided that the
micro-cultivation operation can comply with all the regulations that apply to
the production and processing of legal cannabis as set out in this by-law.
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Section 6 - Table 1 - Permitted Uses in Zones Text
6.1
The provisions of this section provide additional requirements for the
permitted Uses and Activities in General Zone Categories contained
in Table 1 herein.
a)
A single detached dwelling house shall be a permitted use in addition to
the permitted non-residential uses. Notwithstanding the foregoing, in the
case of a camping establishment, a private club, private park, and summer
camp in the Open Space (OS) Zone, a cabin establishment, a camping
establishment, a hotel, a motel, a private park, a resort establishment, and
a summer camp in the Recreation Commercial (C4) Zone, or a use in the
General Commercial (C1), Highway Commercial (C2) Zones, the single
detached dwelling house shall only be occupied by the owner, caretaker,
watchman, or similar person and his family provided further that such
person is employed full time on the lot which the single detached dwelling
house is located.
b)
A single detached dwelling house, which existed at the date of passing of
this By-law with appropriate access and services, is a permitted use in the
Environmental Protection (EP) and Development (D) Zone. A single
detached dwelling house and the buildings and structures associated with
farming activities are permitted in the Environmental Protection (EP) Zone
provided that such are constructed in accordance with the Zone
requirements.
c)
A new single detached dwelling house shall be permitted within the
Environmental Sensitive (ES) and Development (D) Zones, provided the
lot on which the new dwelling is to be erected was a legal lot of record
created prior to the date of passing of this by-law, fronts upon a municipal
road that is maintained year-round and that any environmental constraints
associated with the site can be satisfied.
d)
A seasonal single detached dwelling house, which existed at the date of
passing of this By-law, is a permitted use within the Shoreline Residential
(SR) Zone.
However, an existing seasonal single detached dwelling house within the
Shoreline Residential (SR) Zone may be converted to a permanent single
detached dwelling house provided the lot fronts upon a Municipal road that
is maintained year-round and further that the dwelling house conforms to
the standards applicable to a permanent single detached dwelling house
within the Shoreline Residential (SR) Zone and the standards of the
Ontario Building Code and the requirements of the Health Unit with regard
to individual wells and septic systems.
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e)
A boarding or lodging house which existed at the date of passing of this
By-law is a permitted use within the Residential 1 (R1) Zone.
f)
One dwelling unit is permitted in a portion of a non-residential building,
with the exception of a motor vehicle service station in which a portion of
the building is used for motor vehicle repair. In such cases, a dwelling unit
shall not be permitted above the portion of the building used for motor
vehicle repair.
In the case of a motel in the Highway Commercial (C2) Zone, and a cabin
establishment, camping establishment, hotel, motel, private park, resort
establishment, and a summer camp, in the Recreation Commercial (C4)
Zone, the dwelling unit shall only be occupied by the owner, caretaker,
watchman, or similar person and his family provided further that such
person is employed full time on the lot which the dwelling unit is located.
g)
A farm produce retail outlet, as herein defined, shall be a permitted use in
the Rural (RU) Zone and the Agriculture (A) Zone, provided that the
majority of such produce offered or kept for sale is the produce of the farm
on which such retail sales outlet is located.
h)
A business and/or professional office or retail or whole sale commercial
establishment shall be permitted provided such use is accessory to and
incidental to the primary use permitted on the lot in the respective Zone.
i)
A Public Use shall be permitted in accordance with the provisions of
Subsection 5.25 hereof.
j)
Open Storage of goods or materials shall be permitted if accessory to the
principal or main use on the lot as may be permitted within the respective
Zone.
k)
A single detached dwelling house is a permitted use in the Rural (RU)
Zone and the Agriculture (A) Zone provided the lot upon which such
dwelling house is to be erected fronts upon a municipal road that is
maintained year-round and the location of the dwelling house conforms to
the Minimum Distance Separation Formulae. Further, an existing single-
detached dwelling house in the Rural (RU) and Agriculture (A) Zones may
be considered surplus to a farming operation. The severance of a surplus
dwelling from the farming operation shall be considered in accordance with
the provisions of the Provincial Policy Statement as amended.
l)
A home occupation is a permitted use provided such occupation complies
with all the requirements of Subsection 5.13 of this By-law.
m)
One or more dwelling units shall be permitted in a portion of a non-
residential building in the General Commercial (C1) Zone provided such
dwellings are above the first floor and further are in accordance with Table
2, Provisions for Residential Uses.
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n)
A second dwelling unit shall be permitted within a single detached, semi-
detached, linked semi-detached, row or linked row dwelling house in
accordance with the provisions of section 5.24.
o)
A bed and breakfast establishment, as defined herein, shall be permitted
within a single detached dwelling house located in all Residential, Rural
and Agricultural Zones provided that the following regulations are complied
with:
(i)
The parking requirements as detailed in Subsection 5.27;
(ii)
Appropriate clearances have been received from the appropriate
approval authority; and
(iii) Compliance with the Ontario Fire Code and Ontario Building Code.
p)
A Group Home shall be permitted in a single detached dwelling house in
the Development (D) Zone provided that the dwelling unit existed at the
time of the passing of this By-law.
q)
A seasonal camp, which existed at the date of passing of this By-law, is a
permitted use within the Rural (RU) Zone.
r)
A kennel, as defined herein, shall be permitted as an accessory use to the
main permitted use in the Agriculture (A) Zone.
s)
A home industry is a permitted used provided such business complies with
all the requirements of Subsection 5.14 of this By-law.
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Section 7 - Table 2 - Provisions for Residential Uses, Text
7.1
The provisions in this section provide additional requirements for
residential uses contained in Table 2 herein.
a)
Single Detached Dwelling House and Non-Residential Building,
Structure or Use on the Same Lot - Area and Frontage Requirement
Where a single detached dwelling house is to be erected or a building or
structure is altered or used for the purpose of a single detached dwelling on
a lot in a Non-Residential Zone, in conjunction with a permitted non-
residential use, the minimum lot area and frontage requirements for the
residential and Non-Residential uses shall be the minimum lot area and
frontage requirements for the permitted non-residential use or 2,405 square
metres of area and 38 metres of frontage, whichever is greater, for a lot not
on municipal services.
b)
Spatial Separation Requirements - Single Detached Dwelling House
and Non-Residential Buildings on the Same Lot
Where a single detached dwelling house is erected or any building or
structure is altered or used for the purposes of a single detached dwelling
on a lot in a Non-Residential Zone in conjunction with a permitted non-
residential use, such single detached dwelling shall not be erected, altered
or used within 3 metres of the Non-Residential uses on the lot. In no case
shall a single detached dwelling house be erected, altered or used within
7.5 metres of a motor vehicle service station, motor vehicle repair garage,
or motor vehicle gasoline bar.
c)
Regulations for Permitted Agricultural Uses and Residential
Dwellings
(i)
Minimum Lot Frontage
Agriculture (A) Zone - 60 metres
(ii)
Minimum Lot Area
Agriculture (A) Zone - 35 hectares
Rural (RU) Zone - 5 hectares
(iii) Minimum Front Yard
For any dwelling and buildings
accessory there
(iv) Minimum Side Yard
7.5 Metres for dwelling and
buildings accessory thereto,
except that the minimum side yard
abutting a public street shall be 15
metres
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(v)
Minimum Rear Yard
7.5 metres for dwelling and
buildings accessory thereto,
except that the minimum yard
abutting a public street shall be 15
metres
d)
Regulations within the Shoreline Residential Zone
(i)
Seasonal Residential Uses will only be permitted as existing on the
date of passing of this By-law.
(ii)
New Shoreline Residential development shall meet the requirements
for year-round residency.
e)
Additional Provision for Row, Linked, or Maisonette Dwelling House
(i)
The minimum lot area shall be the sum of the areas required for each
dwelling unit on the lot as follows:
- For each dwelling unit in the case where the dwelling unit has two walls
attached to an adjoining units: 180 square metres.
- For each dwelling unit in the case where the dwelling unit has only one wall
attached to an adjoining unit: 216 square metres.
(ii)
The minimum lot frontage shall be 6 metres per unit provided that
where the lot is a corner lot, the minimum lot frontage of the corner
dwelling unit shall be 10 metres.
(iii) The minimum distance separation between the outside walls of two
(2) adjoining units shall be 2.4 metres.
f)
Regulations for Apartment Dwelling House
(i)
Density
74 Units per net residential hectare
(29.96 units per net residential
acre)
(ii)
Minimum Unit Size for Dwelling Units
For accurate reference, refer to Section 9.5: Design of Areas, Spaces
and Doorways of the Ontario Building Code.
g)
Additional Provisions for Dwelling Units in Non-Residential Buildings
(i)
The maximum gross floor area of the residential portion of a building
shall be no greater than 60% of the lot area.
(ii)
No more than 50% of the ground floor area may be occupied by
residential use.
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h)
Where a townhouse or apartment development faces an internal road
serving the development, the setback to the municipal road will be treated
as an external side yard setback.
i)
The total number of units permitted on a lot in the Residential 1 Zone
under the provisions for secondary units is four (4) provided all other
provisions of the Residential 1 zone are satisfied.
j)
In a Development Zone the expansion of an existing permitted use is
required to meet the zone requirements that apply to the type of use being
expanded.
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Section 8 - Table 3 - Provisions for Non-Residential Uses
Text
8.1
The provisions in this section provide additional requirements for
non-residential uses contained in Table 3 herein:
a)
Where a permitted Community Facility use abuts a Residential Zone, the
minimum rear yard depth or interior side yard width shall be 3 metres.
b)
Where a permitted commercial establishment abuts a Residential Zone,
the minimum rear yard depth or width shall be 9 metres.
c)
Where a single detached dwelling unit is located on a portion of a site to
be used for commercial uses that is serviced by private well and septic
system, the minimum lot frontage will be 15 metres plus the applicable
frontage for the Non-Residential Zone.
d)
Where a single detached dwelling unit is located on a portion of a site to
be used for commercial uses with municipal water and sewer services, the
minimum lot frontage shall be 15 meters plus the applicable frontage for
the non-residential zone.
e)
Where the interior side yard or rear yard of a permitted Industrial use abuts
a Zone other than General Industrial (M1) or Light Industrial Zone, the
minimum interior side yard width abutting each Zone shall be 15 metres
and the minimum rear yard depth abutting such Zone shall be 15 metres.
f)
Within the General Industrial Zone, the Minimum Landscaped Open Space
Width Requirements are:
Abutting a Residential Zone
10 metres
Abutting any Other Zone
1.5 metres
Adjacent Arterial Streets
3 metres
Adjacent Other Streets
1.5 metres
g)
Where trailer camps, parks, cabins or seasonal camps are permitted, the
minimum camping lot area shall be 185 square metres, with a minimum
frontage of 9 metres. Each camping lot shall have a minimum of 1.5
metres of buffer planting on rear and side yards and such buffer planting
shall contain trees not less than 1.5 metres in height.
h)
Where motels and tourist establishments are permitted and more than one
building is erected on the same lot, the minimum distance between
buildings shall not be less than 15 metres; provided that where two
external walls facing and parallel to each other contain no openings or
windows to habitable rooms, the distance between such two walls may be
reduced to 3 metres.
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Where a building is erected on a lot is in court form, the distance between
the opposite walls of the building forming the court shall not be less than
21 metres.
Where the exterior wall of a guest room contains a habitable room window
such wall shall be located not closer than 7.5 metres to any interior side or
rear lot line.
i)
Where tourist cottages are permitted, an additional lot area for new
development shall be provided as follows for each Tourist Cottage in
excess of 4 Tourist Cottages:
Lot served by public water and septic tank
700 square metres
Lot served by private well and septic tank
930 square metres
The minimum distance between any buildings shall not be less than 6
metres.
j)
Where tourist cottage are permitted the maximum gross living area shall
be 75 square meters (807 square feet) and the minimum gross floor area
shall be 40 square meters (430 square feet).
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Section 9 - Environmental Protection (EP) Zone
No person shall within any Environmental Protection (EP) Zone use any land or erect or
alter use of any building or structure except in accordance with the following provisions:
9.1
Permitted Uses
The uses permitted in the Environmental Protection (EP) Zone are detailed on
Table 1 contained herein.
9.2
Regulations for Uses Permitted in Section 9.1
No buildings are permitted in an Environmental Protection (EP) Zone unless they
are used for flood control purposes or in accordance with the regulations of the
local Conservation Authority or other appropriate government agency.
The regulations for development in an Environmental Protection (EP) Zone are
detailed on Table 2 contained herein.
9.3
Calculations of Zone Provisions
No part of the Environmental Protection (EP) Zone shall be used to calculate any
of the Zone Provisions as may be required by this By-law for uses in adjacent
Zones.
9.4
General Zone Provisions
Parking, Accessory Buildings, Planting Strips, etc. shall be in accordance with the
provisions of Section 5 hereof.
9.5
Special Zone Categories
9.5.1 Environmental Protection Exception No. 63 (TH-105-63) Zone
Concession 1, Part of Lot 21, Seymour (C16/2022)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Environmental Protection Exception No. 63 (TH-105-63) Zone, the
following special provisions shall apply:
a)
Interior Side Yard for Existing Structures ............... 3.05 metres (10.01 feet)
All other provisions of the EP Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned EP TH-105-63.
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Section 10 - Environmental Sensitive (ES) Zone
No person shall within any Environmental Sensitive (ES) Zone use any land or erect
alter or use any building or structure except in accordance with the following provisions:
10.1
Permitted Uses
The uses permitted in an Environmental Sensitive (ES) Zone are detailed on
Table 1 contained herein.
10.2
Regulations for Uses Permitted in Section 10.1
No buildings are permitted in an Environmental Sensitive (ES) Zone unless they
are in accordance with the regulations of the local Conservation Authority or other
appropriate government agency. Prior to development, an environmental impact
assessment will be required to address the impacts of the development on the
natural heritage features and functions. A detailed site plan prepared by a
qualified professional shall be required for any proposed development based on
the recommendations of the environmental impact statement. The terms of
reference for the environmental impact assessment may be scoped to address a
particular natural heritage feature in consultation with the Municipality and the
Conservation Authority.
The regulations for development in an Environmental Sensitive (ES) Zone are
detailed on Table 2 contained herein.
10.3
General Zone Provisions
Parking, Accessory Buildings, Planting Strips, etc. shall be in accordance with the
provisions of Section 5 hereof.
Residential uses shall be in conformity of the provisions governing the Rural
Residential (RR) Zone.
10.4
Special Zone Categories
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Section 11 - Open Space (OS) Zone
No person shall within any Open Space (OS) Zone, use any land or erect, alter or use
any building or structure, except in accordance with the following provisions:
11.1
Permitted Uses
The uses permitted in an Open Space (OS) Zone are detailed on Table 1
contained herein.
11.2
Regulations for Uses Permitted in Section 11.1
The regulations for development within an Open Space (OS) Zone are detailed
on Table 2 contained herein.
11.3
General Zone Provisions
Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
Regulations for dwelling units in non-residential buildings are as set out in Table
2 for the Open Space (OS) Zone.
Regulations for non-residential uses within the Open Space (OS) Zone are
detailed on Table 3 contained herein.
11.4
Commercial Uses in the Open Space (OS) Zone
The maximum floor area for accessory commercial establishments shall generally
be 90 square metres per lot. The maximum floor area for commercial uses
accessory to a park or marine facility shall be 45 square metres.
11.5
Special Zone Categories
11.5.1 Open Space Exception No.2 (TH-105-02) Zone;
Concession 7, Part Lot 4, Hastings (C01/2012)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Open Space Exception No. 2 (TH-105-02) Zone, the following special
provisions shall apply:
a)
Permit for a private or public park as the only permitted uses.
All other provisions of the OS Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned OS TH-105-02.
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Section 12 - Rural (RU) Zone
No person shall within any Rural (RU) Zone use any land or erect, alter or use any
building or structure except in accordance with the following provisions.
12.1
Permitted Uses
The uses permitted in a Rural (RU) Zone are detailed on Table 1 contained
herein.
12.2
Regulations for Uses Permitted in Section 12.1
The regulations for the permitted uses are detailed on Table 2 and 3 hereof.
12.3
Special Provisions for Day Care Centres
Day Care Centres in the Rural (RU) Zone will be permitted in single detached
dwelling only and will be limited to a maximum of five (5) spaces.
12.4
General Provisions
Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
12.5
Non-Complying Existing Farm Building, Structure, and Uses
Where a farm building or structure, or use associated therewith, existed as of the
date of passing of this By-law which does not comply with the Minimum Distance
Separation requirements, such farm building or structure, or use associated
therewith, shall not be extended, enlarged, reconstructed or altered if the effect
of such extension, enlargement, reconstruction or alteration thereof is to further
reduce or encroach on the setback, yard or yards that is or are less than required.
12.6
Special Zone Categories
12.6.1 Rural Exception No. 1 (RU-1);
Concession 7, Lot 6, Seymour
As well as all other permitted uses in a Rural (RU) Zone, within the Rural
Exception No. 1 (RU-1) Zone located in Lot 6, Concession VII in the geographic
Township of Seymour, a performing arts centre shall also be a permitted use.
"Performing Arts Centre" shall mean land and/or buildings and structures thereon
used for the purpose of staging theatrical and cultural performances for the
entertainment of members of the public and, incidental thereto, may include the
following:
a)
Facilities for serving food and beverages; and
b)
Facilities for the training of individual involved in staging such
performances.
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12.6.2 Rural Exception No. 2 (RU-2);
Concession 5, Part Lot 9, Percy
Notwithstanding the permitted lot frontage within the Rural (RU) Zone to the
contrary, within the Rural Exception No. 3 (RU-2) Zone located in Concession V
Part Lot 9 being Part 1, 39R9826 and Part 1, 39R10389 in the geographic
Township of Percy, the following provision shall apply:
a)
Minimum Lot Frontage - access from County Road #24 ...... 20 metres (66
feet)
b)
All other provisions of the Rural (RU) Zone shall apply;
c)
The Environmental Sensitive (ES) Zone included on the subject property
shall remain.
12.6.3 Rural Exception No. 6 (TH-105-06) Zone;
Concession 3, Part Lot 3, Percy (B08/2012, B09/2012 &
C07/2012)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 6 (TH-105-06) Zone, the following special
provisions shall apply:
a)
Minimum Lot Frontage ..................................................... 9 metres (30 feet)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-06.
12.6.4 Rural Exception No. 7 (TH-105-07) Zone;
Concession 3, Part Lot 6, Percy (B19/2012 & C17/2023)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 7 (TH-105-07) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ...................................................... 4 hectares (10 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-07.
12.6.5 Rural Exception No. 9 (TH-105-09) Zone;
Concession 3, Parts 9 and 10, Seymour (B05/2013 & C04/2013)
Repealed.
12.6.6 Rural Exception No. 11 (TH-105-11) Zone;
Concession 7, Part Lot 6 and 7, Seymour (B26/2013, C20/2013)
& Concession 6, Part Lot 2, Seymour (B03/2014, C02/2014)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 7 (TH-105-11) Zone, the following special
provisions shall apply:
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a)
Minimum Lot Area ...................................................... 8 hectares (20 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-11.
12.6.7 Rural Exception No. 12 (TH-105-12) Zone;
Concession 12, Part of Lot 16, Percy (C08/2014)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 12 (TH-105-12) Zone, the following special
provisions shall apply:
a)
In addition to the uses normally permitted in the RU Zone the following
uses are permitted.
b)
Farm/winery;
(i)
The fruit used in annual production of wine at a farm winery shall
consist predominantly of fruit grown on the same site by the farm
winery operation. The winery may use Ontario fruit to provide for
one-year shortages in supply caused by crop or damage resulting
from causes beyond the scope of the winery such as may be caused
by weather conditions.
(ii)
The retail sale of wine produced on site shall be permitted, subject to
provincial regulation, provided that the onsite tasting room and retail
space shall not exceed 25% of the totally winery floor area.
c)
Distillery; and
d)
Retail Establishment.
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-12.
12.6.8 Rural Exception No. 13 (TH-105-13) Zone;
Concession 4, Part of Lot 12, Seymour (B04/2015, C02/2015)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 13 (TH-105-13) Zone, the following special
provisions shall apply:
(i)
Minimum Lot Area ........................................... 5.7 hectares (14 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-13.
12.6.9 Rural Exception No. 18 (TH-105-18) Zone;
Concession 13, Part Lot 20, Percy (B12/2016, C07/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 18 (TH-105-18) Zone, the following special
provisions shall apply:
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(i)
Minimum Lot Area ........................................... 6.5 hectares (16 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-18.
12.6.10 Rural Exception No. 21 (TH-105-21) Zone;
Concession4, Part of Lot 15, Percy (B21/2016, C16/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 21 (TH-105-21) Zone, the following special
provisions shall apply:
a)
Minimum Lot Frontage ................................................... 20 metres (66 feet)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-21.
12.6.11 Rural Exception No. 22 (TH-105-22) Zone;
Concession 11, Part Lots 15 and 16, Percy (C09/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 22 (TH-105-22) Zone, the following special
provisions shall apply:
a)
In addition to the uses normally permitted in the RU Zone, the following
uses shall be permitted.
(i)
Small self-contained cabins to provide accommodations
b)
The requirements of section 41 of the Planning Act, R.S.O. 1990, c.P.13,
as amended, relating to site plan control shall apply to any non-residential
uses.
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-22.
12.6.12 Rural Exception No. 29 (TH-105-29) Zone;
Concession 13, Part Lot 17, Seymour (B20/2017, C14/2017)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 29 (TH-105-29) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area .................................................... 2.9 hectares (7.1 acre)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-29.
12.6.13 Rural Exception No. 30 (TH-105-30) Zone;
Concession 9, Part Lot 7, Seymour (B17/2017, C21/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 30 (TH-105-30) Zone, the following special
provisions shall apply:
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a)
Minimum Lot Area ........................................................ 2 hectares (5 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-30.
12.6.14 Rural Exception No. 31 (TH-105-31) Zone;
Concession 7, Part Lot 14, Percy (B29/2017, C34/2017)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 31 (TH-105-31) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ...................................................... 4 hectares (10 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-31.
12.6.15 Rural Exception No. 33 (TH-105-33) Zone;
Concession 13, Part Lot 20, Percy (B47/2017, C46/2017)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 33 (TH-105-33) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ..................................................... 0.8 hectares (2 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-33.
12.6.16 Rural Exception No. 34 (TH-105-34) Zone;
Concession 13, Part Lot 20, Percy (B48/2017, C46/2017)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 34 (TH-105-34) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ................................................... 6.1 hectares (15 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-34.
12.6.17 Rural Exception No. 35 (TH-105-35) Zone;
Concession 2, Part Lot 7, Percy (B02/2018, C04/2018)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 35 (TH-105-35) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ................................................... 5.7 hectares (14 acres)
All other provisions of the RU Zone shall apply to the land zoned RU TH-105-35.
12.6.18 Rural Exception No. 37 (TH-105-37) Zone;
Concession 8, Part Lot 22, Seymour (B06/2018, C08/2018)
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Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 37 (TH-105-37) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ................................................... 7 hectares (17.5 acres)
All other provisions of the RU Zone shall apply to the land zoned RU TH-105-37.
12.6.19 Rural Exception No. 38 (TH-105-38) Zone;
Concession 14, Part Lots 21 and 22, Percy (B11/2018, C12/2018)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 38 (TH-105-38) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ................................................... 5.3 hectares (13 acres)
All other provisions of the RU Zone shall apply to the land zoned RU TH-105-38.
12.6.20 Rural Exception No. 40 (TH-105-40) Zone;
Concession 3, Part Lot 20, Seymour (B19/2019, C13/2019)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 40 (TH-105-40) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ................................................... 4.5 hectares (11 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-40.
12.6.21 Rural Exception No. 42 (TH-105-42) Zone;
Concession 2, Part Lots 22 and 23, Percy (B22/2019, C16/2019)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 42 (TH-105-42) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ...................................................... 4 hectares (10 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-42.
12.6.22 Rural Exception No. 43 (TH-105-43) Zone;
Concession 11, Part Lot 14, Percy (B26/2019, C17/2019)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 43 (TH-105-43) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ..................................................... 3.2 hectares (8 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-43.
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12.6.23 Rural Exception No. 44 (TH-105-44) Zone;
Concession 6, Part Lot 7, Seymour (B29/2019, C19/2019)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 44 (TH-105-44) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area .................................................. 3.2 hectares (7.8 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-44.
12.6.24 Rural Exception No. 45 (TH-105-45) Zone;
Concession 4, Part Lots 6 and7, Seymour (B01/2020, C01/2020)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 45 (TH-105-45) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ...................................................... 4 hectares (10 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-45.
12.6.25 Rural Exception No. 47 (TH-105-47) Zone;
Concession 2, Part Lot 6, Percy (B10/2020, B11/2020, C05/2020)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 47 (TH-105-47) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area .................................................. 3.8 hectares (9.5 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-47.
12.6.26 Rural Exception No. 48 (TH-105-48) Zone;
Concession 9, Part Lot 14, Percy (B24/2020, B25/2020,
C11/2020)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 48 (TH-105-48) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ..................................................... 3.6 hectares (9 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-48.
12.6.27 Rural Exception No. 50 (TH-105-50) Zone;
Concession 11, Part Lot 14, Percy (C02/2021)
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Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 50 (TH-105-50) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ................................................ 4.7 hectare (11.65 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-50.
12.6.28 Rural Exception No. 57 (TH-105-57) Zone;
Concession 12, Part Lots 16 and17, Percy (B15/2021, B16/2021,
B17/2021, B18/2021, C07/2021)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 57 (TH-105-57) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ................................................... 4.9 hectares (12 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-57.
12.6.29 Rural Exception No. 61 (TH-105-61) Zone;
Concession 12, Part Lots 22 and 23, Percy (C14/2021)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 61 (TH-105-61) Zone, the following special
provisions shall apply:
a)
In addition to the uses normally permitted in the RU Zone, the following
uses shall be permitted.
(i)
Permit the change of use to permit an annual three (3) day/weekend
music event.
b)
The use of the property for one music festival event be approved by
Council each year through an event application permit setting out the
following:
- Date of the event;
- Number of days;
- Maximum number of camping sites;
- Required monitoring of sound levels not to exceed 100 decibels;
- Provision of drinking water, washrooms and wash stations;
- Provision of recycling and garbage receptacles;
- Provision of and level of security to be provided;
- Maximum number of attendees during one period;
- Provision of a traffic management plan;
- Provision of a site plan;
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- Required monitoring of traffic;
- Provision of road side clean up along municipal roads within 5km of the
event; and
- Provision of an on-site medical station.
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-61.
12.6.30 Rural Exception No. 62 (TH-105-62) Zone;
Concession 5, Part Lot 5, Seymour (C19/2022)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 62 (TH-105-62) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ................................................ 3.5 hectares (8.68 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-62.
12.6.31 Rural Exception No. 67 (TH-105-67) Zone;
Concession 10, Part Lot 14, Seymour (C26/2022)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 67 (TH-105-67) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ...................................................... 4 hectares (10 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-67.
12.6.32 Rural Exception No. 69 (TH-105-69) Zone;
Concession 2, Part Lot 7, Percy (C25/2022)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 69 (TH-105-69) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area ................................................... 3 hectares (7.41 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-69.
12.6.33 Rural Exception No. 71 (TH-105-71) Zone;
Concession 4, Part Lot 15, Percy (C32/2022)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 71 (TH-105-71) Zone, the following special
provisions shall apply:
a)
In addition to the uses normally permitted in the RU Zone, the following
uses shall be permitted:
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(i)
Site specific agricultural-related use to allow for farm workshops to
be run on the property, two to three times per week with a maximum
of eight participants.
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-71.
12.6.34 Rural Exception No. 72 (TH-105-72) Zone;
Concession 12, Part Lot 21, Percy (C01/2023)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 72 (TH-105-72) Zone, the following special
provisions shall apply:
a)
In addition to the uses normally permitted in the RU Zone, the following
uses shall be permitted;
(i)
Breeding and accommodation of exotic pets / Ball Pythons (Python
Regius)
b)
The following site specific provisions;
- All approved type(s) of exotic pets will be contained within the confines of
the 32' x 24' foot accessory building, specifically designed and constructed
to house reptiles;
- Sale and distribution of Ball Pythons (Python Regius), in accordance with
all regulations stipulated through Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-72.
12.6.35 Rural Exception No. 73 (TH-105-73) Zone;
Concession 10, Part Lot 26, Seymour
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Exception No. 72 (TH-105-72) Zone, the following special
provisions shall apply:
a)
Minimum lot area: ............................................... 2.61 hectares (6.45 acres)
All other provisions of the RU Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RU TH-105-73.
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Section 13 - Agricultural (A) Zone
No person shall within any Agriculture (A) Zone use any land or erect, alter or use any
building or structure except in accordance with the following provisions:
13.1
Permitted Uses
The uses permitted in an Agriculture (A) Zone are detailed on Table 1 contained
herein.
13.2
Regulations for Uses Permitted in Section 13.1
The regulations for the permitted uses are detailed on Tables 2 and 3 hereof.
All new development within the Agriculture (A) zone shall be in compliance
with the Minimum Distance Separation and the Nutrient Management Plan
requirements.
In the event that a surplus dwelling is severed as a result of a farm consolidation,
creating a retained parcel that has no existing residence, the retained parcel will
be identified with an "*". This symbol indicates that no residential building permit
will be issued for the retained parcel.
13.3
General Provisions
Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
13.4
Special Zone Categories
13.4.1 Agricultural Exception No. 9* Zone; Concession 3, Part 9 and
10, Seymour (B05/2013, C04/2013)
By-law 2013-24, repealed.
13.4.2 Agricultural Exception No. 10* (TH-105-10) Zone;
Concession 3, Part Lot 3, Seymour (C18/2013)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 10 (TH-105-10) Zone, the following special
provisions shall apply:
a)
Agriculture use/buildings are the only permitted uses. Residential uses are
not eligible for building permits for this parcel of land.
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-10.
13.4.3 Agricultural Exception No. 11* (TH-105-11) Zone;
Concession 7, Part Lots 6 and 7, Seymour (B26/2013, C20/2013)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 11* Zone, the following special provisions
shall apply:
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a)
Residential Uses are not permitted.
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-11.
13.4.4 Agricultural Exception No. 11* (TH-105-11) Zone;
Concession 6, Part Lot 2, Seymour (B03/2014, C02/2014)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 11* Zone, the following special provisions
shall apply:
a)
Residential uses are not permitted.
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-11.
13.4.5 Agricultural Exception No. 13* (TH-105-13) Zone;
Concession 4, Part Lot 12, Seymour (B04/2015, C02/2015)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 13* Zone, the following special provisions
shall apply:
a)
Residential uses are not permitted.
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-13.
13.4.6 Agricultural Exception No. 14* (TH-105-14) Zone;
Concession 6, Part Lot 18, Seymour (C06/2015)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 14 (TH-105-14) Zone, the following special
provisions shall apply:
a)
Residential uses are not permitted.
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-14.
13.4.7 Agricultural Exception No. 15* (TH-105-15) Zone;
Concession 10, Part Lot 17, Percy (B08/2016, C04/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 15 (TH-105-15) Zone, the following special
provisions shall apply:
a)
Residential uses are not permitted.
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-15.
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13.4.8 Agricultural Exception No. 30* (TH-105-30) Zone;
Concession 9, Part Lot 7, Seymour (B17/2017, C21/2017)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 30 (TH-105-30) Zone, the following special
provisions shall apply:
a)
Residential uses are not permitted.
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-30.
13.4.9 Agricultural Exception No. 40* (TH-105-40) Zone;
Concession 3, Part Lot 20, Seymour (B19/2019, C13/2019)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 40 (TH-105-40) Zone, the following special
provisions shall apply:
a)
Residential uses are not permitted.
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-40.
13.4.10 Agricultural Exception No. 45* (TH-105-45) Zone;
Concession 4, Part Lots 6 and 7, Seymour
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 45 (TH-105-45) Zone, the following special
provisions shall apply:
a)
Residential uses are not permitted.
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-45.
13.4.11 Agricultural Exception No. 53 (TH-105-53) Zone;
Concession 7, Part Lot 6, Seymour (C09/2021)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 53 (TH-105-53) Zone, the following special
provisions shall apply:
a)
In addition to the uses normally permitted in the A Zone, the following uses
are permitted:
(i)
Box Office;
(ii)
Rehearsal Space;
(iii) Event Space;
(iv) Educational Centre;
(v)
Limited Retail sales;
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(vi) Meetings of Local Community Groups; and,
(vii) Temporary Accommodation for Artists.
b)
Reduction in the Minimum Distance Separation....... 312 metres (1024 feet)
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-53.
13.4.12 Agricultural Exception No. 54 (TH-105-54) Zone;
Concession 3, Part Lot 22, Seymour (C10/2021)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 54 (TH-105-54) Zone, the following special
provisions shall apply:
a)
In addition to the uses normally permitted in the A Zone, the following uses
are permitted:
(i)
On-site farm brewery;
(ii)
Bottle shop/Farm Store/Tap Room;
(iii) Farm style market garden;
(iv) Growing of crops to be used for the production of beer;
(v)
Patio space;
(vi) Food truck;
(vii) Restaurant;
(viii) Small event space;
(ix) Outdoor kitchen; and,
(x)
Outdoor covered seating area.
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-54.
13.4.13 Agricultural Exception No. 65* (TH-105-65) Zone;
Concession 10, Part Lot 6, Seymour (C22/2022)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 65 (TH-105-65) Zone, the following special
provisions shall apply:
a)
Agriculture use/buildings are the only permitted uses. Residential uses are
not eligible for building permits for this parcel of land.
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-65.
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13.4.14 Agriculture Exception No. 70* (TH-105-70) Zone;
Concession 3, Part Lot 20, Percy (C29/2022)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Agricultural Exception No. 70 (TH-105-70) Zone, the following special
provisions shall apply:
a)
Agriculture use/buildings are the only permitted uses. Residential uses are
not eligible for building permits for this parcel of land.
All other provisions of the A Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned A TH-105-70.
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Section 14 - Rural Residential (RR) Zone
No person shall within any Rural Residential (RR) Zone use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
14.1
Permitted Uses
The uses permitted in a Rural Residential (RR) Zone are detailed on Table 1
contained herein.
14.2
Regulations for Uses Permitted in Section 14.1
The regulations for the permitted uses are detailed in Tables 2 and 3
hereof.
14.3
Special Provisions for Day Care Centres
Day Care Centres in this zone will be permitted in single detached dwellings only
and will be limited to a maximum of five (5) spaces.
14.4
General Provisions
Parking, Accessory Buildings, Planting Strips, etc. shall be in accordance with the
provisions of Section 5 hereof.
14.5
Special Zone Categories
14.5.1 Rural Residential Exception No. 1 (RR-1) Zone; Concession 6,
Part Lot 18, Percy
Notwithstanding the provisions of the Rural Residential Zone (RR), to the
contrary, within the Rural Residential Exception No. 1 Zone (RR-1), located in
part of Lot 18, Concession VI, geographic Township of Percy in the Municipality
of Trent Hills, the following special provisions shall apply and be complied with:
a)
Only Uses Permitted
(i)
Residential Uses
- A single detached dwelling house
(ii)
Non-Residential Uses
- Retreat Centre
- Public Uses in accordance with provisions of Section 5.18 of this By-law
b)
Minimum Lot Area ................................................. 31 hectares (76.6 acres)
c)
Exterior Side Yard Setback ....................................... 10 metres (32.81 feet)
d)
Rear Yard Setback ........................................................ 3 metres (9.84 feet)
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14.5.2 Rural Residential Exception No. 2 (RR-2) Zone; Concession 2,
Part Lot 24, Percy Township
Notwithstanding the regulations permitted within the Rural Residential (RR) Zone,
to the contrary, within the Rural Residential Exception No. 2 (RR-2) Zone, the
following shall apply to the property identified in this by-law:
a)
Development shall only be permitted in that area identified as the Rural
Residential Exception No. 2 (RR-2) Zone, outside of the specific area as
indicated as containing significant features, habitat or vegetation that shall
be preserved within said Rural Residential Exception area
b)
Minimum Lot Area .............................................. 1900 sq. m. (20541 sq. ft.)
c)
Minimum Lot Frontage ........................................................... 25 m (82 feet)
d)
Minimum Setback from Street Centreline: ...................... 12.0 m (39.4 feet)
e)
Minimum Lot area for Communal Well: ........... 1900 sq. m. (20,541 sq. ft.)
f)
Maximum Number of Dwellings Units per Lot: ......................................... 1
g)
Lot frontage shall mean the street line that is the dividing line between the
lot and the interior road system being Part 10, 39R10263
h)
Entrance to individual lots within the RR-4 zone shall be from Pine Ridge
Way, being Part 10, of 39R10263.
14.5.3 Rural Residential Exception No. 3 (RR-3) Zone;
Concession 2, Part Lot 5 / Plan 66, Lot 5, Seymour
Notwithstanding the regulations permitted within the Rural Residential (RR) Zone,
to the contrary, within the Rural Residential Exception No. 3 (RR-3) Zone, the
following shall apply to the property identified in this by-law:
a)
Permitted Use
A day time school for pre-school children ages 2-5 years of age with a
maximum number of 30 students located in an accessory building.
b)
Regulations for Accessory Building
A site plan for the proposed accessory building school development shall
be required subject to the approval of the Building Department, Director of
Planning and Lower Trent Conservation.
14.5.4 Rural Residential Exception No. 4 (TH-105-01) Zone;
Concession 4, Part Lot 11, Percy (B01/2011, C02/2011)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 01 (TH-105-01) Zone, the following
special provisions shall apply:
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a)
That site plan control shall apply to any development on the severed
portion, to ensure no residential development shall take place within the
700 foot buffer / radius from the edge of the Honey House.
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-01.
14.5.5 Rural Residential Exception No. 8 (TH-105-08) Zone;
Concession 7, Part Lot 20, Seymour (B20/2012, C18/2012)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 08 (TH-105-08) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area ....................................................... 0.4 hectares (1 acre)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-08.
14.5.6 Rural Residential Exception No. 9 (TH-105-09) Zone;
Concession 10, Part Lot 19, Percy (B34/2013, C25/2013)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 09 (TH-105-09) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area .............................................. 0.72 hectares (1.77 acres)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-09.
14.5.7 Rural Residential Exception No. 10 (TH-105-10) Zone;
Concession 9, Part Lot 3, Seymour (B21/2013, B22/2013,
B23/2013, C18/2013)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 10 (TH-105-10) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area ....................................................... 0.4 hectares (1 acre)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-10.
14.5.8 Rural Residential Exception No. 15 (TH-105-15) Zone;
Concession 10, Part Lot 17, Percy (B08/2016, C04/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 15 (TH-105-15) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area ................................................ 0.7 hectares (1.75 acres)
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All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-15.
14.5.9 Rural Residential Exception No. 17 (TH-105-17) Zone;
Concession 2, Part Lot 16, Seymour (B08/2016, C05/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 17 (TH-105-17) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area ................................................ 0.58 hectares (1.44 acre)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-17.
14.5.10 Rural Residential Exception No. 26 (TH-105-26) Zone;
Concession 5, Part Lots 19 and 20, Seymour (B09/2016,
C08/2017)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 26 (TH-105-26) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area ................................................ 0.61 hectares (1.5 acres)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-26.
14.5.11 Rural Residential Exception No. 28 (TH-105-28) Zone;
Concession 10, Part Lots 21 and 22, Percy (C10/2017)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 28 (TH-105-28) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area .............................................. 0.22 hectares (0.54 acres)
b)
Site plan control shall apply to any development on the subject property.
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-28.
14.5.12 Rural Residential Exception No. 32 (TH-105-32) Zone;
Concession 3, Part Lots 9 and 10, Percy (B36/2017, C39/2017)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 32 (TH-105-32) Zone, the following
special provisions shall apply:
a)
Reduced lot frontage, via right-of-way ........................ 152 metres (500 feet)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-32.
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14.5.13 Rural Residential Exception No. 36 (TH-105-36) Zone;
Concession 4, Part Lot 16, Percy (B04/2018, C06/2018)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 36 (TH-105-36) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area ................................................ 0.61 hectares (1.5 acres)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-36.
14.5.14 Rural Residential Exception No. 41 (TH-105-41) Zone;
Concession 11, Part Lot 3, Seymour (B20/2019, C14/2019)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 41 (TH-105-41) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area .............................................. 0.71 hectares (1.75 acres)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-41.
14.5.15 Rural Residential Exception No. 49 (TH-105-49) Zone;
Concession 10, Part Lots 11 and 12, Percy (C01, 2021)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 49 (TH-105-49) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area .............................................. 0.42 hectares (1.03 acres)
b)
Site plan control shall apply to any development on the subject property.
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-49.
14.5.16 Rural Residential Exception No. 51 (TH-105-51) Zone;
Concession 9, Part Lots 17 and 18, Percy (C12/2020)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 51 (TH-105-51) Zone, the following
special provisions shall apply:
a)
Reduced lot frontage, via right-of-way .................... 36.2 metres (118.8 feet)
b)
Site plan control shall apply to any development on the subject property.
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-51.
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14.5.17 Rural Residential Exception No. 52 (TH-105-52) Zone;
Concession 10, Part Lot 16, Percy (C04/2021)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 52 (TH-105-52) Zone, the following
special provisions shall apply:
a)
In addition to the uses normally permitted in the RR Zone, the following
uses are permitted:
(i)
On-site farm brewery;
(ii)
Retail Establishment; and
(iii) Farm style market garden.
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-52.
14.5.18 Rural Residential Exception No. 58 (TH-105-58) Zone;
Concession 3, Part Lots 13 and 14, Percy (C19/2021)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 58 (TH-105-58) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area ................................................ 0.57 hectares (1.4 acres)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-58.
14.5.19 Rural Residential Exception No. 59 (TH-105-59) Zone;
Concession 2, Part Lot 10, Seymour (B31/2021, C21/2021)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 59 (TH-105-59) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area .............................................. 0.71 hectares (1.75 acres)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-59.
14.5.20 Rural Residential Exception No. 60 (TH-105-60) Zone;
Concession 7, Part Lot 22, Seymour (B56/2021, C30/2021)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 60 (TH-105-60) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area ................................................ 0.69 hectares (1.7 acres)
b)
Site plan control shall apply to any development on the subject property.
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All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-60.
14.5.21 Rural Residential Exception No. 66 (TH-105-66) Zone;
Concession 14, Part Lot 15, Seymour (C20/2022)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 66 (TH-105-66) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area ................................................ 0.60 hectares (1.5 acres)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-66.
14.5.22 Rural Residential Exception No. 68 (TH-105-68) Zone;
Concession 6, Part Lot 6, Seymour (C28/2022)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 68 (TH-105-68) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area: ............................................... 0.60 hectares (1.5 acres)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-68.
14.5.23 Rural Residential Exception No. 76 (TH-105-76) Zone;
Concession 9, Part Lots 21 and 22, Seymour (C07/2023)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Rural Residential Exception No. 76 (TH-105-76) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area: ............................................. 0.66 hectares (1.64 acres)
All other provisions of the RR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned RR TH-105-76.
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Section 15 - Special Rural Residential (SRR) Zone
No person shall within any Special Rural Residential (SRR) Zone use any land or erect,
alter or use any building or structure except in accordance with the following provisions:
15.1
Permitted Uses
This zone recognizes Registry Deposit (RD) Plans in rural areas of the
Municipality. The Special Rural Residential Zone category is required prior to
any development of a lot within the RD Plan. No development is permitted on
any vacant lots within the RD Plans until such time as the zoning approval has
been received to recognize the respective lot(s) within the Special Rural
Residential Zone category.
The uses permitted in a Special Rural Residential (SRR) Zone are detailed on
Table 1 contained herein.
15.2
Regulations for Uses Permitted in Section 15.1
The regulations for the permitted uses are detailed in Tables 2 and 3 contained
herein.
a)
Minimum Lot Area ....................... As existing on date of passing this by-law
b)
Minimum Lot Frontage ................ As existing on date of passing this by-law
15.3
General Provisions
Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
15.4
Lots Having Less Area and/or Frontage
Where a lot having a lesser lot area and/or frontage than required herein is held
under distinct and separate ownership from an abutting lot or lots as shown by a
conveyance of title properly executed and/or registered prior to the date of the
passing of this By-law, or where such a lot is created as a result of an
expropriation, or where a severance has been granted prior to the passage of this
By-law but the conveyance has not been registered, such smaller lot may be used
and a building structure may be erected, altered or used on such small lot,
provided that:
a)
Where sanitary sewers and municipal water system are not provided, the
minimum lot area for a dwelling house shall be 1,400 square metres and
the minimum lot frontage shall be 30 metres and have access to an
improved public road;
b)
All other requirements of this By-law are complied with.
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This subsection shall not apply to all the lots in the following RD Plans within the
Special Rural Residential (SRR) Zone:
5
8
17
24
38
39
48
49
50
54
55
56
69
72
73
74
75
76
72
73
98
95
103
104
106
107
108
109
499
498
103
38R-199
15.5
Special Zone Categories
15.5.1 Special Rural Residential Exception No. 1 (SRR-1) Concession
4, Part Lot 5, RD Plan 56
That the Special Rural Residential Exception No. 1 (SRR-1) Zone governing this
property acknowledges that the property does not front on an open municipal
road allowance. Access is provided by means of a 50-foot right-of-way.
15.5.2 Special Rural Residential Exception No. 3 (TH-105-03) Zone
Concession 11, Part Lot 6 / RD Plan 25, Part 25, Percy
(B05/2012, C13/2012)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Special Rural Residential Exception No. 3 (TH-105-03) Zone, the
following special provisions shall apply:
a)
Minimum Lot Area .............................................. 0.22 hectares (0.54 acres)
b)
Maximum Lot Coverage ........................................................................ 10%
c)
Site plan control shall apply to any development on the subject property.
All other provisions of the SRR Zone and By-law No. 2010-105, as amended,
shall apply to the lands zoned SRR TH-105-03.
15.5.3 Special Rural Residential Exception No. 55 (TH-105-55) Zone;
Concession 8, Part Lot 3 / RD Plan 104, Part 105, Percy
(C13/2021)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Special Rural Residential Exception No. 55 (TH-105-55) Zone, the
following special provisions shall apply:
a)
Minimum Lot Area .............................................. 0.25 hectares (0.62 acres)
All other provisions of the SRR Zone and By-law No. 2010-105, as amended,
shall apply to the lands zoned SRR TH-105-55.
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Section 16 - Shoreline Residential (SR) Zone
No person shall within any Shoreline Residential (SR) Zone use any land or erect, alter
or use any building or structure except in accordance with the following provisions:
16.1
Permitted Uses
The uses permitted in a Shoreline Residential (SR) Zone are detailed on Table 1
contained herein.
16.2
Regulations for Uses Permitted in Section 16.1
16.2.1 The regulations for the permitted uses are detailed in Tables 2 and 3 contained
herein.
16.2.2 Seasonal Residential uses will only be permitted as existing on the date of
passing of this By-law.
16.2.3 Vacant lots which are within the Shoreline Residential (SR) will not be permitted
to construct any permanent structures, docks or decks or place a mobile trailer
on the portion of the lot that is within the floodplain as determined by the
Conservation Authority.
16.3
General Provisions
Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
16.4
Special Zone Categories
16.4.1 Shoreline Residential Exception No. 19 (TH-105-19) Zone;
Concession 4, Part Lot 8, Seymour (C12/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Shoreline Residential Exception No. 19 (TH-105-19) Zone, the
following special provisions shall apply:
a)
Minimum Lot Frontage ............................................... 9.1 metres (29.9 feet)
All other provisions of the SR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned SR TH-105-19.
16.4.2 Shoreline Residential Exception No. 79 (TH-105-79) Zone;
Concession 2, Part Lot 6, Seymour (C36/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Shoreline Residential Exception No. 79 (TH-105-79) Zone, the
following special provisions shall apply:
a)
Minimum Lot Frontage: ........................................ 35.5 metres (116.47 feet)
b)
Exterior Side Setback: ................................................... 6 metres (19.7 feet)
All other provisions of the SR Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned SR TH-105-79.
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Section 17 - Residential Type 1 (R1) Zone
No person shall, within a Residential 1 (R1) Zone, use any land or erect, alter or use
any building or structure except in accordance with the following provisions:
17.1
Permitted Uses
The uses permitted in a Residential 1 (R1) Zone are detailed on Table 1 contained
herein.
17.2
Regulations for uses Permitted in Section 17.1
The regulations for the permitted uses are detailed in Tables 2 and 3 contained
herein.
17.3
General Provisions
Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
17.4
Special Zone Categories
17.4.1 Residential Type 1 Exception No. 1 (R1-1) Zone;
Plan 559/Cider Lane & Russet Road
Notwithstanding any other provisions of this By-law, for those lands delineated
on Plate "A" as Residential Type 1 Exception One (R1-1) the following provisions
shall apply:
a)
Regulations:
(i)
Minimum Lot Area: ......................................... 380 sq. m. (4090 sq. ft.)
(ii)
Minimum Lot Frontage: ....................................... 12.5 metres (41 feet)
(iii) Minimum Dwelling Unit Area: ..................... 84.0 sq. m. (904.17 sq. ft.)
All other provisions of the R1 Zone shall apply to the lands zoned R1-1.
17.4.2 Residential Type 1 Exception No. 2 (R1-2)
Notwithstanding any other provisions of this By-law, for those lands delineated
on Plate "A" as Residential Type 1 Exception No. 2 (R1-2), a bait shop shall be a
permitted use.
All other provisions of the R1 Zone shall apply to the lands zoned R1-2.
17.4.3 Residential Type 1 Exception No. 3 (R1-3)
Notwithstanding any other provision of this By-law, for those lands delineated on
Plate "A", being part of Lots 30 and 31, Block S, Plan 112, as Residential Type 1
Exception No. 3 (R1-3), within the former Town of Campbellford, the following
provisions shall apply:
a)
In addition to the uses normally permitted in the R1 Zone, the following
uses are permitted:
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MARCH 2026 OFFICE CONSOLIDATION
(i)
Day Nursery
(ii)
Community Resource Centre
All other provisions of the R1 Zone shall apply to the lands zoned R1-3.
17.4.4 Residential Type 1 Exception No. 4 (R1-4)
Concession 11, Lot 17, Percy
Notwithstanding any other provisions of this By-law, for those lands delineated
on Plate "A" as Residential Type 1 Exception One (R1-4) the following provisions
shall apply:
a)
Permitted Uses:
(i)
Single Detached Dwelling House;
(ii)
All other uses permitted in the Residential 1 (R1) Zone;
(iii) A Motor Vehicle Repair Garage in an accessory structure, but shall
not include the sale of propane or motor vehicle fuels; and
(iv) Public Uses.
b)
Minimum Front Yard Depth: ....................................... 6.8 metres (22.3 feet)
c)
Regulations for Accessory Building Housing Motor Vehicle Repair Garage:
(i)
Minimum Front Yard: .......................................... 15 metres (49.2 feet)
(ii)
Minimum Side Yard (Interior/Exterior): ................ 15 metres (49.2 feet)
(iii) Minimum Rear Yard: ........................................... 15 metres (49.2 feet)
(iv) Maximum Floor Area: ................................ 111.48 sq. m (1200 sq. ft.)
Includes lot area used for storage of material and equipment
(v)
Maximum Height: ................................................ 10 metres (32.8 feet)
(vi) Minimum # of Parking Spaces ........................................................... 5
Outdoor Vehicle Storage
(vii) Maximum # of Parking Spaces ......................................................... 6
Outdoor Vehicle Storage
All other provisions of the R1 Zone shall apply to the lands zoned R1-4.
17.4.5 Residential Type 1 Exception No. 5 (R1-5)
Notwithstanding the permitted uses within the Residential Type 1 Zone (R1) of
By-law 1440, as otherwise amended, to the contrary, within the Residential Type
1 Exception No. 5 (R1-5) Zone the following provisions shall apply:
a)
Permitted Uses:
(i)
Gift and Tea Shop;
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MARCH 2026 OFFICE CONSOLIDATION
(ii)
Bed and Breakfast Establishment, maximum of 6 rooms; and
(iii) Single Detached Dwelling House.
b)
Parking and Site Plan provisions as per Plate A attached
All other provisions of the R1 Zone shall apply to the lands zoned R1-5.
17.4.6 Residential Type 1 Exception No. 6 (R1-6)
Concession 12, Lot 15 / RP 38-634, Part 2, Hastings
Notwithstanding any other provisions of this By-law, for those lands delineated
on Plate "A" as Residential Type 1 Exception One (R1-6) the following provisions
shall apply:
a)
For Lots 1-47, 51-77, 119-149, where municipal water and sanitary are
available:
(i)
Minimum Lot Area: ......................................... 450 sq. m. (4843 sq. ft.)
(ii)
Minimum Lot Frontage: .......................................... 15 metres (49 feet)
(iii) Minimum Front Yard: ............................................... 6 metres (20 feet)
(iv) Minimum Side Yard: ............................................... 1.5 metres (5 feet)
(v)
Minimum Exterior Side Yard: ................................... 3 metres (10 feet)
(vi) Minimum Rear Yard: ............................................. 7.5 metres (25 feet)
(vii) Maximum Lot Coverage: ............................................................... 40%
(viii) Maximum Height: ........................................... 10.5 metres (34 metres)
(ix) Minimum Floor Area: ......................................... 88 sq. m. (947 sq. ft.)
b)
Lots 48-50, 78-91, 105-118, 150
(i)
Minimum Lot Area: ............................ 425 square metres (4574 sq. ft.)
(ii)
Minimum Lot Frontage: ....................................... 13.5 metres (49 feet)
(iii) Minimum Front Yard: ............................................... 6 metres (20 feet)
(iv) Minimum Side Yard: ............................................... 1.5 metres (5 feet)
(v)
Minimum Exterior Side Yard: ................................ 7.5 metres (25 feet)
(vi) Minimum Rear Yard: ............................................. 7.5 metres (25 feet)
(vii) Maximum Lot Coverage: ............................................................... 40%
(viii) Maximum Height: ........................................... 10.5 metres (34 metres)
(ix) Minimum Flor Area: ........................................... 88 sq. m. (947 sq. ft.)
All other provisions of the R1 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned R1-6.
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17.4.7 Residential Type 1 Exception No. 7 Holding (R1-4-H)
Concession 4, Part Lot 8, Seymour
Notwithstanding the regulations permitted within the Residential 1 (R1) Zone, to
the contrary, within the Residential 1- Exception No 4- Holding (R1-4-H) Zone,
the following shall apply to the property identified in this by-law:
This development is intended to be a resource base residential development of
homes along the Trent River. Each housing unit shall be located on a lot.
Groupings of units in modular buildings or in clusters may also be considered.
The following accessory uses may be considered:
a)
Recreational facilities such as swimming pool, athletic field, trails,
recreation hall and similar recreation uses and facilities which are
accessory to and serve the uses in the R1-4-H zone;
b)
No further development, including structures, septic systems, mobile home
sites and clearing shall take place within 30 metres of the Trent River; or
c)
Buildings, structures and uses that are normally considered to be
accessory and subordinate to the uses as permitted above.
The removal of the Holding Provision (H) on these lands will be considered after
the following studies and reports have been received and reviewed:
a)
Approval from the appropriate authorities has been received for the
sewage disposal system, water system and road system;
b)
Circulation is made to the appropriate agencies for comment regarding the
Holding Symbol (H) being removed;
c)
The applicant has provided and Council has approved a site plan;
d)
The applicant has entered into an agreement with Council addressing the
site plan issues and the responsibility for the operation or creation of the
water, sewage and road systems to appropriate standards; and
e)
A phasing plan satisfactory to the Municipality and approved by Council.
All other provisions of the R1 Zone shall apply to the lands zoned R1-4-H.
17.4.8 Residential 1 - Exception No. 39 (TH-105-39) Zone;
Plan 60, Part Lots 16, Campbellford/ 156 Front Street North
(C25/2018)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Residential Type 1 Exception No. 39 (TH-105-39) Zone, the following
special provisions shall apply:
a)
Minimum Lot Size: ............................................... 423 sq. m. (4553.3 sq. ft.)
b)
Minimum Lot Frontage: ............................................ 2.32 metres (7.61 feet)
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MARCH 2026 OFFICE CONSOLIDATION
All other provisions of the R1 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned R1 TH-105-39.
17.4.9 Residential Type 1 Exception No. 46 (TH-105-46) Zone;
62 Queen Street/Garry Street, Campbellford (B5/2018, C31/2018)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Residential Type 1 Exception No. 46 (TH-105-46) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area: ............................................. 0.02 hectares (0.06 acres)
b)
Minimum Lot Frontage: ............................................ 8.74 metres (28.7 feet)
c)
Maximum Lot Coverage: ...................................................................... 64 %
d)
Minimum Front Yard: .......................................................... 0 metres (0 feet)
e)
Minimum Interior Side Yard: ............................................ 0.6 metres (2 feet)
f)
Minimum Rear Yard: ....................................................... 0.6 metres (2 feet)
All other provisions of the R1 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned R1 TH-105-46.
17.4.10 Residential Type 1 Exception 7 (R1-7) Zone; Concession 4,
Part of Lot 8, Part of Block 1, RP 38M-915
Riverside Trail, former Township of Seymour
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Residential Type 1 Exception 7 (R1-7) Zone, the following special
provisions shall apply:
a)
Minimum Lot Area: ......................................................................... Reduced
b)
Minimum Lot Frontage ................................................................... Reduced
c)
Acknowledgement that lots are fully serviced by municipal services.
All other provisions of the R1 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned R1-7.
17.4.11 Residential Type 1 Exception No. 77 (TH-105-77) Zone;
Concession 12, Part Lot 15, Percy
Lots 23, 23, 27-29, 28-44 of Phase 5 Draft Plan
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Residential Type 1 Exception No. 77 (TH-105-77) Zone, the following
special provisions shall apply:
a)
Minimum Lot Frontage: ............................................ 13.5 metres (44.3 feet)
All other provisions of the R1 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned R1 TH-105-77.
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MARCH 2026 OFFICE CONSOLIDATION
17.4.12 Residential Type 1 Exception No. 78 (TH-105-78) Zone;
Concession 12, Part Lot 15, Percy
Lots 4, 14, 30-34 of the Draft Plan of Subdivision
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Residential Type 1 Exception No. 78 (TH-105-78) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area: .............................................. 420 sq. m. (4520.8 sq. ft.)
b)
Minimum Lot Frontage: ............................................... 13 metres (42.6 feet)
All other provisions of the R1 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned R1 TH-105-78.
Page 141 of 175
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MARCH 2026 OFFICE CONSOLIDATION
Section 18 - Residential Type 2 (R2) Zone
No person shall, within a Residential 2 (R2) Zone, use any land or erect, alter or use
any building or structure except in accordance with the following provisions:
18.1
Permitted Uses
The uses permitted in a Residential 2 (R2) Zone are detailed on Table 1 contained
herein.
18.2
Regulations for Uses Permitted in Section 18.1
The regulations for the permitted uses are detailed in Tables 2 and 3 contained
herein.
18.3
General Provisions
Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
18.4
Minimum Floor Area
a)
Bachelor Dwelling Unit: ........................................... 36 sq. m. (387.5 sq. ft.)
b)
Dwelling Unit other than Bachelor Unit: ............... 54 sq. m. (581 sq. ft.) plus
13.4 square metres for each
habitable room in excess of 4
18.5
Regulations for Boarding, Lodging, or Rooming Houses
a)
Minimum Building Area: ......................................... 110 sq. m. (1184 sq. ft.)
b)
Minimum Area per Guest Room: ............................. 23 sq. m. (247.6 sq. ft.)
c)
Maximum Number of Guest Rooms: .......................................................... 4
d)
Maximum number of Boarders: ................................................................ 10
18.6
Special Yard Provisions
Any single detached dwelling house containing not less than 110 square metres
of dwelling unit area, erected prior to the date of passing of this by-law and having
a setback or one or more yards that is or are less than required under the
provisions of this by-law for converted dwelling houses and boarding, lodging or
rooming houses, may be altered to a converted dwelling house or a boarding,
lodging or rooming house, provided that the setback or yards that are less than
required are not further reduced.
18.7
Special Zone Categories
18.7.1 Residential Type 2 Exception No. 75 (TH-105-75) Zone;
Lots 12-15, 24-28 of Sketch Plan of Subdivision, Campbellford
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MARCH 2026 OFFICE CONSOLIDATION
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Residential Type 2 Exception No. 75 (TH-105-75) Zone, the following
special provisions shall apply:
a)
Minimum Lot Area: .............................................. 162.5 sq. m. (1749 sq. ft.)
All other provisions of the R2 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned R2 TH-105-77.
Page 143 of 175
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MARCH 2026 OFFICE CONSOLIDATION
Section 19 - Residential Type 3 (R3) Zone
No person shall, within a Residential 3 (R3) Zone, use any land or erect, alter or use
any building or structure except in accordance with the following provisions:
19.1
Permitted Uses
The uses permitted in a Residential 3 (R3) Zone are detailed on Table 1 contained
herein.
19.2
Regulations for Uses Permitted in Section 19.1
The regulations for the permitted uses are detailed in Tables 2 and 3 contained
herein.
19.3
General Provisions
Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
19.3.1 Where the interior or exterior side lot line or rear lot line of a Residential 3 (R3)
Zone abuts another Residential Zone of lower density, a strip adjoining such
abutting lot line shall be used for no other purpose than planting in accordance
with the requirements for buffer/planting strips.
19.4
Special Zone Categories
19.4.1 Residential Type 3 Exception No. 1 (R3-1) Zone;
Hastings (Now Osprey Point)
All of the permitted uses of Residential Type 3 Zone shall apply and the
regulations for the permitted uses shall be as follows:
a)
Maximum # of Units: ...................................... 200 Senior Retirement Suites
30 Alzheimer Care Units
b)
Minimum Lot Frontage: ............................................ 12.4 metres (40.7 feet)
c)
Minimum Lot Depth: ................................................ 219 metres (718.5 feet)
d)
Minimum Front Yard: .................................................. 4.2 metres (13.8 feet)
Being distance between Pond Street and the nearest wall of the most
westerly building
e)
Minimum Side Yard: .................................................... 15 metres (49.2 feet)
Being north side to water's edge of Mill Pond
f)
Minimum Rear Yard: ................................................... 20 metres (65.6 feet)
Being the distance between the east wall of the most easterly building and
the easterly lot line of Lot 150, RP 95
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g)
Minimum distance between the west .......................... 20 metres (65.6 feet)
wall of the most westerly building and the
westerly side lot line of Lot 145, RP 95
h)
Maximum Building Coverage: ............................................................... 17%
i)
Maximum # of Storeys: .............................................................................. 5
j)
Minimum Floor Areas:
(i)
Bachelor Dwelling Unit: ................................... 36 sq. m. (387.5 sq. ft.)
(ii)
Other Dwelling Unit: .................................... 54 sq. m. (581 sq. ft.) plus
13.4 square metres for each
habitable room in excess of 4
k)
Maximum Lot Coverage by .................................................. 33% of lot area
parking areas, driveways, and
vehicle movement areas
l)
Minimum Number of Parking Spaces ..................................................... 101
m)
Parking Regulations
(i)
Notwithstanding the minimum area for parking spaces, within the R3-
1 Zone, parking spaces shall have a minimum area of 15 square
metres.
n)
Multiple buildings on one lot shall be permitted, subject to all other
applicable provisions of this By-law.
o)
Those lands within the Environmental Protection (EP) Zone on the same
lot may be included in the calculation of the lot regulations.
p)
In additions of the provisions of Section 5 Parking Regulations, no parking
lot shall be constructed closer than 3 metres to the water's edge.
q)
Furthermore, for a parking lot abutting any other lot lines (other than the
water's edge), a strip of land not less than 1.5 metres wide shall be
provided to any other lot line.
All other provisions of the R3 Zone shall apply to the lands zoned R3-1.
19.4.2 Residential Type 3 Holding Exception No. 2 (TH-105-02) Zone;
Concession 7, Part Lot 4, Hastings (C01/2012)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Residential 3 Exception No. 02 (TH-105-02) Zone, the following special
provisions shall apply:
The removal of the Holding Provision on these lands will be considered after the
following studies and/or reports have been received and reviewed:
a)
Servicing reports and plans for sanitary sewers, water supply system,
vehicular access and impact, and other required utilities;
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b)
Circulation of the development proposal to any applicable agencies prior to
consideration of removing the Holding (H) symbol;
c)
The submission and approval of a site plan for any proposed development;
and
d)
Approval and registration of any applicable site plan, servicing and
development agreements.
All other provisions of the R3 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned R3 TH-105-02.
19.4.3 Residential Type 3 Exception No. 4 (TH-105-04) Zone;
Plan 112, Part Block 36, Parts 1-3 on Plan 39R-12187,
Campbellford (C12/2012)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Residential 3 Exception No. 04 (TH-105-04) Zone, the following special
provisions shall apply:
a)
Minimum Lot Frontage: ............................................ 8.6 metres (28.22 feet)
All other provisions of the R3 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned R3 TH-105-04.
19.4.4 Residential Type 3 Exception No. 5 (TH-105-05) Zone;
Plan 112, Part Block 36, Parts 4-7 on Plan 39R-12187,
Campbellford (C12/2012)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Residential 3 Exception No. 05 (TH-105-05) Zone, the following special
provisions shall apply:
a)
Minimum Lot Frontage of End Units: .......................... 6.5 metres (21.3 feet)
b)
Minimum Front Yard: ..................................................... 6 metres (19.7 feet)
c)
Minimum Rear Yard: ..................................................... 6 metres (19.7 feet)
d)
Minimum Floor Area: ...................................... 144.43 sq. m. (1554.6 sq. ft.)
e)
Maximum Lot Coverage: ....................................................................... 44%
All other provisions of the R3 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned R3 TH-105-05.
19.4.5 Residential Type 3 Exception No. 20 (TH-105-20) Zone;
Plan 33, Block M, Lots 65 and 66, Hastings (C13/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Residential 3 Exception No. 20 (TH-105-20) Zone, the following special
provisions shall apply:
a)
Interior Yard Setback: .............................................. 3.01 metres (32.4 feet)
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All other provisions of the R3 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned R3 TH-105-20.
19.4.27 Residential Type 3 Exception No. 27 (TH-105-27) Zone;
Plan 33, north-west corner of Bridge Street North and Front
Street West, Hastings1 (C21/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Residential 3 Exception No. 27 (TH-105-27) Zone, the following special
provisions shall apply:
a)
Duplex
(i)
Side Yard Setback: ............................................ 0.5 metres (1.64 feet)
(ii)
Rear Yard Setback: ............................................ 4 metres (13.12 feet)
(iii) Maximum Lot Coverage: ............................................................ 48.5%
b)
Bungalow:
(i)
Front Yard Setback: ............................................ 10 metres (32.8 feet)
(ii)
Side Yard Setback: .......................................... 0.75 metres (2.46 feet)
(iii) Minimum Lot Area: ......................................... 350 sq. m. (3767 sq. ft.)
c)
Townhouses:
(i)
Minimum Lot Frontage for End Units: ................. 9 metres (29.53 feet)
(ii)
Side Yard Setback: .................................................... 0 metres (0 feet)
(iii) Rear Yard Setback: ................................................. 5 metres (16 feet)
(iv) Maximum Lot Coverage: ............................................................... 55%
All other provisions of the R3 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned R3 TH-105-27.
1Subject lands have been rezoned to the Open Space (OS) Zone, per By-law
2022-085.
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Section 20 - Community Facility (CF) Zone
No person shall, within a Community Facility (CF) Zone, use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
20.1
Permitted Uses
The uses permitted in a Community Facility (CF) Zone are detailed on Table 1
contained herein.
20.2
Regulation for Uses Permitted in Section 20.1
The regulations for the permitted uses are detailed in Tables 2, 3 and 4 contained
herein.
20.3
General Provisions
Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
20.3.1 Buffer Strip Requirements
Where the interior side or rear lot line of a permitted non-residential use abuts a
Residential Zone, an area adjoining such abutting lot line or portion thereof shall
be used for no other purpose than for a buffer strip.
20.4
Special Zone Categories
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Section 21 - Development (D) Zone
No person shall, within a Development (D) Zone, use any land or erect, alter or use any
building or structure except in accordance with the following provisions:
21.1
Permitted Uses
The uses permitted in a Development (D) Zone are detailed on Table 1 contained
herein. The permitted uses include any legally existing use of the date of passing
of this By-law.
21.2
Regulations for Uses Permitted in Section 21.1
The regulations for the permitted uses are detailed in Tables 1, 2, and 3.
21.3
General Provisions
21.3.1 In order for development to proceed on lands presently located within a
Development (D) Zone category, the subject lands need to be rezoned into an
appropriate zone that conforms to the Municipality of Trent Hills Official Plan
and is consistent with the regulations of the appropriate zone category.
21.3.2 Supporting documentation may be required to support a rezoning application.
Studies/documents that may be required include the following:
a)
Environmental Assessment;
b)
Hydrogeological Assessment;
c)
Storm Water Management;
d)
Noise Assessment;
e)
Traffic Impact Assessment;
f)
Archaeological/Heritage Assessment;
g)
Phase 1 Environmental Site Assessment;
h)
Retail Market Impact Analysis for retail/commercial uses 1000 square
metres or greater;
i)
Servicing Options Report; and
j)
Site Plan.
21.4
Special Zone Categories
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Section 22 - General Commercial (C1) Zone
No person shall, within a General Commercial (C1) Zone, use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
22.1
Permitted Uses
The uses permitted in a General Commercial (C1) Zone are detailed on Table 1
contained herein.
22.2
Regulations for Uses Permitted in Section 22.1
The uses permitted in a General Commercial (C1) Zone are detailed on Table 1
contained herein.
22.3
General Provisions
Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
22.4
Additional Provisions for Retail Gasoline Establishments
22.4.1 Pump Location
Notwithstanding any other provision in this By-law to the contrary, a gasoline
pump island, as part of a motor vehicle service station, motor vehicle gasoline
bar, motor vehicle repair garage, motor vehicle dealership or as accessory to a
permitted use, may be located within any front yard or exterior side yard provided:
a)
The minimum distance between any portion of the pump island and any
street line shall be 5 metres; and
b)
Where the lot is a corner lot, no portion of any pump island or fuel pumps,
light standards and signs shall be located a minimum distance of 3 metres
from any sight triangle.
22.4.2 Minimum Lot Depth
Where a lot is a corner lot, the lot depth or flankage shall be a minimum of 38
metres.
22.4.3 Driveways
Notwithstanding the provisions of Section 5 with regard to Parking Requirements,
the following provisions shall apply to driveways:
a)
The minimum width of a driveway shall b 7.5 metres and the maximum
width of a driveway measured along the sidewalk, where such exists, and
along the street line shall be 10.5 metres;
b)
The minimum distance between driveways, measured along the street line
intersected by such driveways, shall be 7.5 metres;
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c)
The minimum distance between a driveway and an intersection of street
lines, measured along the street line intersected by such driveway, shall
be 9 metres;
d)
The minimum distance between an interior side lot line and any driveway
shall be 3 metres; and
e)
The interior angle formed between the street line and the centreline of any
driveway shall be not less than 45 degrees.
22.4.4 Corner Lot
a)
On a corner lot, a sight triangle of 15 metres shall be provided and o part
of a required sight triangle shall be construed to be part of any required
minimum yard.
b)
On a corner lot, no driveway shall be located within 15 metres of the point
of intersection of the intersecting street lines of such lot.
22.4.5 Property Abutting Residential Zone
Where the interior or real lot line abuts a Residential Zone, a strip adjoining such
abutting lot line or portion thereof shall be used for no other purpose than planting
in accordance with the requirements for planting strips set out in Section 5 hereof.
22.5
Special Zone Categories
22.5.1 General Commercial Exception No. 1 (C1-1);
Campbellford
Notwithstanding any other provisions of this By-law, for those lands delineated
on Plate "A" as General Commercial Exception No. 2 (C1-1), the following
provisions shall apply:
a)
Any building or structure may be connected to a private septic tank system
and well with the approval of the local Health Unit, provided that, if
municipal water supply and sewage disposal facilities are made available
within 30 metres of the property line, the owner of the lands within
Exception No. 2 (C1-1) must connect to these services. At such time the
provisions regarding servicing in Section 5 shall apply:
All other provisions of the C1 Zone shall apply to the lands zoned C1-1.
22.5.2 General Commercial Exception No. 2 (C1-2);
Warkworth
Notwithstanding any other provisions of this by-law, for those lands delineated on
Plate "A" as General Commercial Exception No. 2 (C1-2), the following provisions
shall apply:
a)
Permitted Uses:
(i)
Hair Salon, Hair Stylist;
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(ii)
Bakery;
(iii) Antique Store;
(iv) Food Outlet Store;
(v)
Art Gallery (Studio);
(vi) Two Dwelling Units;
(vii) Business or Professional Office;
(viii) Assembly Hall;
(ix) Book Store;
(x)
Retail Commercial Establishment, excluding convenience store and
video/DVD sales and rentals;
(xi) Medical Office or Clinic;
(xii) Florist Shop;
(xiii) Gift Shop;
(xiv) Private Club;
(xv) Library;
(xvi) Government Administration Office; and
(xvii) Eating Establishment to a maximum 25% of the total ground floor
area, as an accessory use to a main permitted uses.
b)
Regulations for permitted uses:
(i)
Minimum Lot Area: ......................................... 465 sq. m. (5005 sq. ft.)
(ii)
Minimum Lot Frontage: ....................................... 20 metres (65.6 feet)
(iii) Minimum Front Yard: .............................................. 2 metres (6.6 feet)
(iv) Minimum Exterior Side Yard: .................................. 2 metres (6.6 feet)
(v)
Minimum Interior Side Yard: .............................. 8.5 metres (27.9 feet)
(vi) Minimum Rear Yard: .................................................. 0 metres (0 feet)
(vii) Maximum Lot Coverage: ............................................................... 40%
(viii) Minimum Landscaped Open Space: ............................................. 10%
(ix) On-site Parking Spaces Maximum: .................................................... 2
(x)
On-site Loading Spaces Required: .................................................... 0
(xi) No Outside or Open Storage
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(xii) Planting Strip - A 3-metre wide planting strip will be provided along
the eastern side of the property. The planting strip will consist of
continuous barrier trees, shrubs, evergreens or wooden privacy
fence not less than 1.8 metres in height, together with sod and other
plantings
c)
Parking for any use, if not provided on site, shall be provided within 1000
feet (300 metres) of the property.
All other provisions of the C1 Zone shall apply to the lands zoned C1-2.
22.5.3 General Commercial Exception No. 14 (TH-105-14) Zone;
12 & 16 Bridge Street West, Campbellford (C01/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the General Commercial Exception No. 14 (TH-105-14) Zone, the following
special provisions shall apply:
a)
In addition to the uses normally permitted in the C1 Zone the following
uses are permitted:
(i)
Ground floor residential.
All other provisions of the C1 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned C1 TH-105-14.
22.5.4 General Commercial Exception No. 25 (TH-105-25) Zone;
8 & 10 Bridge Street West, Campbellford (C05/2017)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the General Commercial Exception No. 25 (TH-105-25) Zone, the following
special provisions shall apply:
a)
In addition to the uses normally permitted in the C1 Zone the following
uses are permitted:
(i)
Ground floor residential
All other provisions of the C1 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned C1 TH-105-25.
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Section 23 - Highway Commercial (C2) Zone
No person shall, within a Highway Commercial (C2) Zone, use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
23.1
Permitted Uses
The uses permitted in a Highway Commercial (C2) Zone are detailed on Table 1
contained herein.
23.2
Regulations for Uses Permitted in Section 23.1
The regulations for the permitted uses are detailed in Tables 2 and 3 contained
herein.
23.3
General Provisions
23.3.1 Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
23.3.2 The provisions regulating retail gasoline establishments as detailed in Section
22.3.1 shall apply in the Highway Commercial (C2) Zone.
23.3.3 23.3.3 Those properties within the Highway Commercial (C2) Zone category
with a Holding (H) provision will be considered for development (removal of the
Holding provision) subject to the satisfaction of the following conditions:
a)
The completion of a retail market impact analysis that would be subject to
peer review. The analysis should demonstrate that the development
proposed would be supported within the retail market of Campbellford.
b)
A servicing analysis has been completed that demonstrates that there is
sufficient capacity within the municipal water and sewage services to
support the proposed development; and,
c)
A traffic study has been completed identifying the impact on the roads in
the area and containing recommendation for road improvements
23.4
Special Zone Categories
23.4.1 Highway Commercial Exception No. 1 (C2-1)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Highway Commercial Exception No. 1 (C2-1) Zone, the following
special provisions apply:
a)
Permitted Uses:
(i)
Farm Implement Fabrication, Assembly, Repair, Servicing and Sales;
(ii)
Industries Supplying foods and services to the Agricultural Industry;
and,
(iii) Any use accessory to the above.
b)
Regulations for permitted uses:
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(i)
Open air operations and storage is permitted on lands delineated C2-
1 provided the location of these activities is screened from public
view and from adjacent uses and provided the activity is located so
as to comply with the minimum front, side and rear yard provisions of
Table 3. The display of goods is permitted within the front yard
provided the maximum area devoted to display does not exceed 10%
of the lot area.
(ii)
The minimum front yard shall be the existing front yard of the existing
building and 7.6 metres for any new building or structure to be
located on the lot after the date of passing of this By-law.
All other provisions of the C2 Zone shall apply to the lands zoned C2-1.
23.4.2 Highway Commercial Holding (C2-H)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Highway Commercial Holding Zone, the following special provisions
apply:
a)
That lands in this zone be developed only after the Holding provision is
removed.
b)
Consideration of the removal of the Holding provision by Council will be
given under the following circumstances.
(i)
That a retail market analysis showing the impact on the Campbellford
retail sector be completed and reviewed;
(ii)
That a lot grading plan be completed and reviewed;
(iii) That a site servicing plan be completed and reviewed;
(iv) That entrance permits be obtained from the appropriate approval
authority;
(v)
That a storm water management plan be completed and reviewed;
and,
(vi) That the Commercial property may be developed in phases.
All other provisions of the C2 Zone shall apply to the lands zoned C2-H.
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Section 24 - Local Commercial (C3) Zone
No person shall, within a Local Commercial (C3) Zone, use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
24.1
Permitted Uses
The uses permitted in a Local Commercial (C3) Zone are detailed on Table 1
contained herein.
24.2
Regulations for Uses Permitted in Section 22.1
The regulations for the permitted uses are detailed in Tables 2 and 3 contained
herein.
24.3
General Provisions
24.3.1 Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
24.3.2 24.3.2 Where the interior side or rear lot line of a lot within a Local Commercial
(C3) Zone abuts a Residential Zone, an area adjoining such abutting lot line
shall be used for no other purpose that for a buffer strip.
24.4
Special Zone Categories
24.4.1 Local Commercial Exception No. 1 (C3-1);
Plan 112, Block 23, Lot 45, Campbellford
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Highway Commercial Exception No. 1 (C2-1) Zone, the following
special provisions apply:
a)
Permitted Uses:
(i)
Business, Professional, or Administrative Office;
(ii)
Eating Establishment;
(iii) Funeral Home;
(iv) Bed and Breakfast Facility;
(v)
Private or Commercial Club;
(vi) Public Use or Utility; and
(vii) Veterinarian Clinic.
b)
Regulations for permitted uses:
(i)
Minimum Lot Area per unit: ............................ 500 sq. m. (5381 sq. ft.)
(ii)
Minimum Lot Frontage: ....................................... 15 metres (49.2 feet)
(iii) Minimum Lot Coverage for all Buildings
(iv) Minimum Front Yard: ............................................ 6 metres (19.7 feet)
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(v)
Minimum Exterior Side Yard: ................................ 6 metres (19.7 feet)
(vi) Minimum Interior Side Yard: ................................ 1.2 metres (3.9 feet)
(vii) Minimum Rear Yard: ............................................. 6 metres (19.7 feet)
All other provisions of the C3 Zone shall apply to the lands zoned C3-1.
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Section 25 - Recreational Commercial (C4) Zone
No person shall, within a Recreation Commercial (C4) Zone, use any land or erect, alter
or use any building or structure except in accordance with the following provisions:
25.1
Permitted Uses
The uses permitted in a Recreation Commercial (C4) Zone are detailed on Table
1 contained herein.
25.2
Regulations for Uses Permitted in Section 25.1
25.2.1 The regulations for the permitted uses are detailed in Tables 1, 2 and 3
contained herein.
25.2.2 Where a permitted single detached dwelling house is erected, altered or used
on the same lot in a Commercial Zone as a permitted Non-residential building,
such dwelling house shall not be erected, altered or used within 3 metres of a
non-residential building, however, in no case shall a single detached dwelling
house be erected, altered or used within 7.5 metres of a motor vehicle service
station, motor vehicle repair garage, or motor vehicle gasoline bar.
25.2.3 In order for a property to be considered for permitted use within a Recreational
Commercial (C4) Zone, it must be a minimum of 1.5 hectares in size. In
addition, the minimum size for a cabin/cottage site shall be 200 square metres
with a maximum of 25 sites per hectare.
25.3
General Provisions
25.3.1 Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
25.4
Special Zone Categories
25.4.1 Recreational Commercial Exception No. 1 (C4-1) Zone;
Concession 14, Part Lots 18 and 19, Seymour
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Recreational Commercial Exception No. 1 Zone, the following special
provisions shall apply:
a)
Regulations for Cottages
(i)
Minimum Lot Frontage: .................. As Shown on a Registered Plan of
Subdivision except that the total
number of lots within the Connor
Subdivision shall not exceed 14.
(ii)
Minimum Lot Area: .............................................................. See above
(iii) Maximum Lot Coverage: ............................................................... 12%
(iv) Minimum Front Yard: ....................................... 14.3 metres (46.9 feet)
(v)
Minimum Exterior Side Yard: ........................... 14.3 metres (46.9 feet)
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(vi) Minimum Exterior Interior Yard: ............................ 6 metres (19.7 feet)
(vii) Minimum Rear Yard: ........................................... 15 metres (49.2 feet)
(viii) Minimum Rear Yard (Lot 1): .............................. 7.9 metres (25.9 feet)
(ix) Minimum Floor Area:
- 1 Storey/Split Level: ...................................................... 75 s. m. (807 sq. ft.)
- 1 ½ Storey: ................................................................ 93 sq. m. (1001 sq. ft.)
- 2 or 2 ½ Storey: ....................................................... 110 sq. m. (1184 sq. ft.)
(x)
Maximum Height: ................................................................ 2 ½ storey
(xi) Minimum Parking: ......................................... 1 space per dwelling unit
b)
Regulations for Accessory Buildings
(i)
Minimum Yard: ................................ 3 metres (9.8 feet), except where
the yard abuts a street
(ii)
Maximum Lot Coverage: ..................................... 5%, provided total lot
coverage does not exceed 12%
All other provisions of the C4 Zone shall apply to the lands zoned C4-1.
25.4.2 Recreational Commercial Exception No. 2 (C4-2)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Recreational Commercial Exception No. 2 Zone, the following special
provisions shall apply:
a)
Permitted Uses - Notwithstanding the provisions of Section 25.1, in a C4-2
Zone, a store providing for the day to day needs of the Trailer Camp
tenants shall only be permitted on Lot 292 and permanent homes shall be
permitted uses on Lots 180, 293 and 270.
b)
Regulations for Permitted Uses - No person shall use any land or erect,
alter or use any building or structure unless such lands or structures are
served by a communal water system and a sewage disposal system
approved by the Ministry of Environment and accept in accordance with
the provisions of special provisions:
(i)
The maximum number of trailer and cabin sites within any defined
block of land shall be as indicated on the approved Schedule for
Seymour Estates Trailer Park included herein as Schedule C4-2 and
the minimum site area shall be 660 square metres.
(ii)
Landscaping - shall be as delineated on the approved Site Plan.
(iii) Minimum Parking - one space per site, to be located on the trailer or
cabin site.
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25.4.16 Recreational Commercial Exception No. 16 (TH-105-16) Zone;
Concession 10, Part Lot 2, Seymour (C06/2016)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Recreational Commercial Exception No. 16 (TH-105-16) Zone, the
following special provisions shall apply:
a)
In addition to the uses normally permitted in the C4 Zone the following
additional regulations for permitted uses apply:
(i)
The maximum number of trailer sites shall be 201;
(ii)
All trailer sites shall be situated within the "Trailer Camp Boundary"
on Schedule "A" and in the configuration shown on Schedule "A";
(iii) The minimum trailer site area shall be 230 square metres (2476
square feet);
(iv) Minimum Parking - one space per site;
(v)
All buildings, including accessory structures existing on the date of
adoption of this by-law shall be recognized as legal non-conforming
buildings and structures. This recognition shall be subject to
documentation that the building or structure either existed prior to
1983, was constructed after 1983 with a valid building permit or will
be recognized subject to the issuance of the necessary permits and
any modification shall not further reduce any applicable provision of
this by-law except in accordance with Section 5.5 of By-law 2010-
105;
(vi) The flood proofing requirements as outlined in Section 5.7 c) shall
apply to all additions, alterations or replacement of existing buildings
or structures;
(vii) The operation of this trailer camp and use of the lands described
herein shall be in accordance with a duly executed site plan
agreement in accordance with By-law 2010-128 and all other
applicable by-laws of the Municipality of Trent Hills.
All other provisions of the C1 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned C1 TH-105-16.
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Section 26 - General Industrial (M1) Zone
No person shall, within a General Industrial (M1) Zone, use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
26.1
Permitted Uses
The uses permitted in a General Industrial (M1) Zone are detailed on Table 1
contained herein.
26.2
Regulations for Uses Permitted in Section 22.1
The regulations for the permitted uses are detailed in Table 3 contained herein.
26.3
Regulations for Outside Storage
26.3.1 No portion of a lot shall be used for display of goods or materials unless such
storage is within a building, or unless the following provisions are complied with:
a)
Outdoor storage is prohibited in any front yard;
b)
Such outside storage is accessory to the use of the main building on the
lot;
c)
Such outside storage complies with the yard and setback regulations for
the General Industrial (M1) Zone, and in addition, no outside storage shall
be located closer than 18 metres to any street line;
d)
Such outside storage does not cover more than 50% of the lot area or
cover an area which is in excess of twice the ground floor area of the main
building on the lot; and
e)
Any portion of a lot used for such outside storage is screened from
adjacent uses and streets adjoining the lot, by buildings or enclosed by
shrub planting, a planting strip or within a closed wooden, plastic and/or
metal fence extending at least 1.8 metres in height from the ground. All
fences, except those constructed of aluminium, shall be painted and kept
painted, from time to time, so as to maintain the wood or metal in good
condition.
26.4
Regulations on Use of Front and Exterior Side Yards
26.4.1 Required front and exterior side yards shall be open and unobstructed by any
structure or parking or loading area for motor vehicles except that any such yard
may be used for the purposes of visitor parking in accordance with all other
provisions of this By-law.
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26.5
Yard and Height Requirements for Industrial Buildings
26.5.1 If any portion of a building is erected above a height of 12.2 metres, such
portion must be set back from the centreline of the abutting street or from the
front, side or rear lot line, as the case may be, in addition to the minimum
setback, front side or rear yard requirements of this By-law, a further distance of
one metre for each metre by which such portion of the building is erected above
a building height of 12.2 metres.
26.6
General Provisions
26.6.1 Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
26.6.2 Where the interior side or rear lot line abuts a Residential or Community Facility
Zone, an area adjoining such abutting lot line shall be used for no other purpose
than for a buffer strip in accordance with all other requirements of this By-law.
26.7
Special Zone Categories
26.7.1 General Industrial Exception No. 1 (M1-1)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the General Industrial Exception No. M1-1 Zone, the following special
provisions shall apply:
a)
Permitted Uses:
No use shall be permitted which by reason of the type of process to be
employed or the materials to be used or stored on the site creates a risk to
person and property on adjoining lands because of the potential for
explosion, emission of toxic gasses, or other potentially dangerous
situations. Provided that a use involving "risk" as referenced in this
paragraph shall not be prevented if the industry:
(i)
Is operated in accordance with all applicable lands and safety
practices; and
(ii)
Does not have a history of having caused injury to persons and
damage to property on lands adjoining the premises on which its
plant or plants were located, by explosion, the emission of toxic
gases or other similar dangerous situations.
b)
Regulations for Uses Permitted:
(i)
Minimum Lot Frontage: ....................................... 20 metres (65.6 feet)
(ii)
Location of parking and Loading Spaces: Parking and loading
spaces may be located in a front yard provided that . such spaces are
not located closer to the front lot line than the minimum front yard
depth.
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(iii) Setback from Community Facility Zone: No industrial building or
accessory uses or structures to be used for manufacturing or storage
of materials shall be located within 15 metres (49.2 feet) of any
Community Facility Zone.
(iv) Access to and from the property shall be provided by Dart Road.
Access to Elmore Street shall be for emergency vehicles only.
All other provisions of the M1 Zone shall apply to the lands zoned M1-1.
26.7.2 General Industrial Exception No. 2 (M1-2);
Hastings
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the General Industrial Exception No. M1-2 Zone, the following special
provisions shall apply:
a)
Minimum Interior Side Yard: ....................................... 7.5 metres (24.6 feet)
For any lot which abuts any R1, R2, R3, D, or OS Zones
b)
Minimum width of landscaped Open Space: ................. 6 metres (19.7 feet)
For any lot which abuts any R1, R2, R3, D, or OS Zones
All other provisions of the M1 Zone shall apply to the lands zoned M1-2.
26.7.3 General Industrial Exception No. 64 (TH-105-64) Zone;
Concession 14, Part Lot 23, Percy (C17/2022)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the General Industrial Exception No. 64 (TH-105-64) Zone, the following
special provisions shall apply:
a)
In addition to the uses normally permitted in the M1 Zone the following
uses are permitted:
(i)
Rental Storage Facility
(ii)
Workshop, Custom
All other provisions of the M1 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned M1 TH-105-64.
26.7.4 General Industrial Exception No. 74 (TH-105-74) Zone;
185 Alma Street, Campbellford
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the General Industrial Exception No. 74 (TH-105-74) Zone, the following
special provisions shall apply:
a)
A retail commercial establishment that is not accessory nor incidental to
the primary industrial use is permitted as a temporary uses from May
through October each year, for up to a three (3) year period, ending
October 31, 2025, as approved by the municipality.
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All other provisions of the M1 Zone and By-law No. 2010-105, as amended, shall
apply to the lands zoned M1 TH-105-74.
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Section 27 - Extractive Industrial (M2) Zone
No person shall, within an Extractive Industrial (M2) Zone, use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
27.1
Permitted Uses
The uses permitted in an Extractive Industrial (M2) Zone are detailed on Table 1
contained herein.
27.2
Regulations for Permitted Uses in Section 27.1
The regulations for the permitted uses are detailed in Table 3 contained herein.
27.3
General Provisions
27.3.1 Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
27.3.2 Where only the removal of sand and gravel is involved, no extractive operation
or product stockpile shall be located within 120 metres of any Residential Zone
or dwelling house.
27.3.3 Where the removal or quarry stone, or the processing of sand, gravel, or stone
is involved, no building, plant, extractive operation or produce stockpile shall be
located within 215 metres of any Residential Zone or dwelling house.
27.4
Special Zone Categories
27.4.1 Extraction Industrial Exception No. 1 (M2-1) Zone;
Concession 10, Part Lot 20, Percy
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Extraction Industrial Exception No. 1 (M2-1) Zone, the following special
provisions shall apply:
a)
The minimum separation distance between the area of extraction, product
stockpile or any crushing or processing operation on the site and
(i)
A residential zone shall be 15 metres (49.2 feet); and
(ii)
A residential dwelling shall be 100 metres (328 feet).
All other provisions of the M2 Zone shall apply to the lands zoned M2-1.
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Section 28 - Waste Disposal Industrial (M3) Zone
No person shall, within a Waste Disposal Industrial (M3) Zone, use any land or erect,
alter or use any building or structure except in accordance with the following provisions:
28.1
Permitted Uses
The uses permitted in a Waste Disposal Industrial (M3) Zone are detailed on
Table 1 contained herein.
28.2
Regulations for Uses Permitted in Section 28.1
The regulations for the permitted uses are detailed in Tables 2 and 3 contained
herein.
28.3
General Provisions
28.3.1 Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
28.4
Special Zone Categories
28.4.1 Waste Disposal Industrial Exception No. 1 (M3-1)
Notwithstanding any provision of By-law No. 2010-105, as amended on the lands
within the Waste Disposal Industrial Exception No. 1 (M3-1) Zone, the following
special provisions shall apply:
a)
The minimum side yard width and minimum rear yard depth for the waste
disposal operation shall be 30 metres (98.4 feet)
b)
The minimum front yard depth shall be 150 metres (492 feet):
(i)
Permitted uses in the front yard shall include:
- Access roads;
- Berms and landscaping; and
- Bin storage areas.
- Accessory buildings for storage and security
(ii)
No disposal operation shall be permitted within 30 metres of an
Environmental Sensitive (ES) Zone.
(iii) All other provisions of Section 28 shall apply.
All other provisions of the M3 Zone shall apply to the lands zoned M3-1.
28.4.2 Waste Disposal Industrial Exception No. 2 (M3-2)
Notwithstanding any other provisions of this By-law, for lands delineated Waste
Disposal Industrial Exception No. 2 (M3-2), no building or hard surface paving
development shall be permitted. All other provisions of the Waste Disposal
Industrial (M3) Zone shall apply within Exception No. 2.
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Section 29 - Prestige Industrial (M4) Zone
No person shall, within a Prestige Industrial (M4) Zone, use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
29.1
Permitted Uses
The uses permitted in a Prestige Industrial (M4) Zone are detailed on Table 1
contained herein.
29.2
Regulations for Uses Permitted in Section 29.1
The regulations for the permitted uses are detailed in Table 3 contained herein.
29.3
Regulations for Outside Storage
29.3.1 No portion of a lot shall be used for display of goods or materials unless such
storage is within a building, or unless the following provisions are complied with:
a)
The storage area is subject to Site Plan approval;
b)
Any outside storage shall not be permitted within 9m (30 ft.) of any
property line abutting a Residential or Open Space zone, or street;
c)
The storage area must be enclosed by a masonry or stone wall, solid wall,
solid wood or closed chain link fence, and such a wall or fence shall have
a minimum 2m (6ft) in height; and,
d)
The storage area has a maximum lot coverage of 25%.
29.4
Regulations for Building Setbacks, Side Lot Line or Rear Lot
Line
- Abutting a residential zone ................. the greater of 12 metres or 8m/storey
- Abutting a non-residential zone ............ the greater of 3 metres or 2m/storey
29.5
General Provisions
29.5.1 Parking, Accessory Buildings, Planting Strips, etc., shall be in accordance with
the provisions of Section 5 hereof.
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Section 30 - Oak Ridge Moraine Linkage (ORML) Zone
30.1
Permitted Uses
No person shall within the Oak Ridges Moraine Linkage (ORML) Zone use any
land or erect, alter or use any building or structure except as specified hereunder:
a)
Residential Uses
(i)
Bed and breakfast establishments; and
(ii)
Farm vacation homes.
b)
Non-Residential Uses
(i)
Fish, wildlife and forest management;
(ii)
Conservation projects and flood and erosion control projects;
(iii) Agricultural uses;
(iv) Transportation, infrastructure and utilities uses in accordance with
the applicable policies of the Official Plan;
(v)
Unserviced parks;
(vi) Home business/home industry;
(vii) Wayside pits; and
(viii) Low intensity recreation as defined in section 37 of the Oak Ridges
Moraine Conservation Plan.
c)
Accessory Uses
(i)
Uses, buildings or structures accessory to any of the foregoing
permitted uses specified under Subsection a) or b) hereof and in
accordance with the provisions of Section 5 General Zone
Provisions: Subsection 1 Accessory Buildings, Structures and Uses
hereinafter set forth in this By-law.
30.2
Regulations for Residential and Non-Residential Uses
a)
Minimum Lot Area: ............................................. 36.5 hectares (90.2 acres)
b)
Minimum Lot Frontage: .............................................. 200 metres (656 feet)
c)
Minimum Yard Dimensions:
(i)
Front Yard: .......................................................... 12 metres (39.4 feet)
(ii)
Exterior Side Yard: .............................................. 12 metres (39.4 feet)
(iii) Interior Side Yard: ................................................. 6 metres (19.7 feet)
(iv) Rear Yard: .......................................................... 12 metres (39.4 feet)
d)
Maximum Lot Coverage of All Buildings: ............................................... 10%
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e)
Maximum Height of Buildings: .................................. 10.5 metres (34.4 feet)
30.3
General Zone Provisions
All provisions of Section 5, General Zone Provisions, of this By-law, where
applicable to the use of any land, building or structure permitted within the Oak
Ridges Moraine Linkage (ORML) Zone shall apply and be complied with.
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Section 31 - Oak Ridges Moraine Countryside (ORMCO)
Zone
31.1
Permitted Uses
No person shall within the Oak ridges Moraine Countryside (ORMCO) Zone use
any land or erect, alter or use any building or structure except as specified
hereunder:
a)
Residential Uses
(i)
Bed and breakfast establishments;
(ii)
Farm vacation homes.
b)
Non-Residential Uses
(i)
Agricultural uses;
(ii)
Fish, wildlife and forest management;
(iii) Low intensity recreational uses as defined in Section 37 of the Oak
Ridges Moraine Conservation Plan;
(iv) Conservation projects and flood and erosion control projects;
(v)
Transportation, infrastructure and utilities uses in accordance with
the applicable policies of the Official Plan;
(vi) Transportation, infrastructure and utilities;
(vii) Home business/home industry;
(viii) Unserviced parks;
(ix) Wayside pits; and
(x)
Agriculture-related uses.
c)
Accessory Uses
(i)
Uses, buildings or structures accessory to any of the foregoing
permitted uses specified under Subsection a) or b) hereof and in
accordance with the provisions of Part Five General Zone Provisions
- Section 5.1 Accessory Buildings, Structures hereinafter set forth in
this By-law.
31.2
Regulations for Residential and Non-Residential Uses
a)
Minimum Lot Area: ............................................. 36.5 hectares (90.2 acres)
b)
Minimum Lot Frontage: .............................................. 200 metres (656 feet)
c)
Minimum Yard Dimensions:
(i)
Front Yard: .......................................................... 12 metres (39.4 feet)
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(ii)
Exterior Side Yard: .............................................. 12 metres (39.4 feet)
(iii) Interior Side Yard: ................................................. 6 metres (19.7 feet)
(iv) Rear Yard: .......................................................... 12 metres (39.4 feet)
d)
Maximum Lot Coverage of All Buildings: ............................................... 10%
e)
Maximum Height of Buildings: .................................. 10.5 metres (34.4 feet)
31.3
General Zone Provisions
All provisions of Section 5, General Zone Provisions, of this By-law, where
applicable to the use of any land, building or structure permitted within the Oak
Ridges Moraine Countryside (ORMCO) Zone shall apply and be complied with.
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Section 32 - Oak Ridges Moraine
Environmental Plan Review (ORMEPR) Zone
The Oak Ridges Moraine Environmental Plan Review (ORMEPR) is an overlay zone
which identifies the area of influence from a key natural heritage feature or a protection
zone. All development and site alteration activity in these areas will be guided by the
underlying zone provisions. A natural heritage evaluation and/or hydrological evaluation
completed in accordance with the Oak Ridges Moraine Conservation Plan shall be
prepared for all areas of influence and shall be approved by the Municipality in
consultation with the local Conservation Authority. Approval of the development is also
subject to site plan approval by the Municipality.
For the purposes of this By-law, the minimum area of influence and minimum vegetation
zone is defined in Section 21 of the Oak Ridges Moraine Conservation Plan.
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Section 33 - Oak Ridges Moraine
Environmental (ORME) Zone
33.1
Permitted Uses
No person shall within the Oak Ridges Moraine Environmental (ORME) Zone use
any land or erect, alter or use any building or structure except as specified
hereunder:
a)
Residential Uses
b)
Non-Residential Uses
(i)
Fish, wildlife and forest management;
(ii)
Conservation projects including flood and erosion control projects;
(iii) Transportation, infrastructure and utilities uses in accordance with
the applicable policies of the Official Plan; and
(iv) Low intensity recreational as defined in Section 37 of the Oak Ridges
Moraine Conservation Plan.
c)
Accessory Uses
(i)
Uses, buildings or structures accessory to any of the foregoing
permitted uses specified under Subsection a) or b) hereof and in
accordance with the provisions of PART FIVE GENERAL ZONE
PROVISIONS - Section 5.1 Accessory Buildings, Structures
hereinafter set forth in this By-law.
33.2
Regulations for Residential and Non-Residential Uses
a)
Minimum Lot Area: ............................................. 36.5 hectares (90.2 acres)
b)
Minimum Lot Frontage: .............................................. 200 metres (656 feet)
c)
Minimum Yard Dimensions:
(i)
Front Yard: .......................................................... 12 metres (39.4 feet)
(ii)
Exterior Side Yard: .............................................. 12 metres (39.4 feet)
(iii) Interior Side Yard: ........................................................ 6 metres (19.7)
(iv) Rear Yard: .......................................................... 12 metres (39.4 feet)
d)
Maximum Lot Coverage of All Buildings: ............................................... 10%
e)
Maximum Height of Buildings: .................................. 10.5 metres (34.4 feet)
33.3
General Zone Provisions
All provisions of Section 5, General Zone Provisions, of this By-law, where
applicable to the use of any land, building or structure permitted within the Oak
Ridges Moraine Countryside (ORMCO) Zone shall apply and be complied with.
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Section 34 - Enactment
34.1
Zone Schedule
The provisions of this By-law shall apply to all lands within the limits of the
Municipality of Trent Hills. For the purposes of this By-law such lands are divided
into various Zones which are delineated on Plate "A" attached hereto and forming
part of this By-law.
34.2
Repeal of Other Zoning By-laws
All Zoning By-laws which serve to regulate the use of land and the character,
location and use of buildings and structures within the Municipality of Trent Hills
are hereby repealed in their entirety so as to give effect to the provisions of this
By-law and the provisions of this By-law shall hereafter govern.
34.3
Enactment
This By-law shall come into force on the date of passing by the Council of the
Municipality of Trent Hills subject to the approval in accordance with the
provisions of the Planning Act.