Comprehensive Zoning By-law

Tudor and Cashel, Ontario

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THE TOWNSHIP OF TUDOR AND CASHEL COMPREHENSIVE ZONING BY-LAW Prepared by: THE GREER GALLOWAY GROUP INC. 1620 WALLBRIDGE-LOYALIST ROAD, RR#5 BELLEVILLE, ONTARIO K8N 425 TABLE OF CONTENTS PAGE NO . . SECTION 1 PURPOSE .......................................................................................... 4 . SECTION 2 TITLE ............................................................................................... 5 SECTION 3 - DEFINITIONS ....................................................................................... 6 SECTION 4 - ADMINISTRATION ............................................................................ -35 4.1 ZONING ADMINISTRATION ....................................................................... 35 4.2 ISSUANCE OF BUILDING PERMITS ............................................................... 35 4.3 APPLICATIONS FOR BUILDING PERMITS ................................................. 35 4.4 INSPECTION OF LAND OR BUILDINGS ........................................................ 36 4.5 CERTIFICATE OF OCCUPANCY ..................................................................... 36 ............................................ 4.6 BUILDINGS OR STRUCTURES TO BE MOVED 36 4.7 VIOLATIONS AND PENALTIES ...................................................................... 36 4.8 CONTRAVENTlON RESTRAINED BY ACTION ............................................ 37 4.9 VALIDITY, EFFECTIVE DATE AND EXISTING BY-LAWS ........................ 37 SECTION 5 - GENERAL PROVISIONS .............................................................. 38 5.1 ABANDONED EQUIPMENT ................................................... 38 5.2 ACCESS BY PUBLIC STREET, NAVIGABLE WATERWAY OR PRIVATE ROAD ................................................................................................................... 38 5.3 ACCESSORY BUILDINGS, STRUCTURES AND USES ............................... 38 5.4 AGRICULTURE - MINIMUM DISTANCE SEPARATION ............................ 41 5.5 APPLICATION .................................................................................................. 4 1 5.6 AREAS OF INFLUENCE .................................................................................. 1 5.7 CELLAR ....................................................................................................... 4 1 5.8 DWELLING OR DWELLING UNIT AS AN ACCESSORY USE IN A NON- RESIDENTIAL ZONE ......................................................................................... 42 5.9 ENVIRONMENTAL PROTECTION (EP) AND ENVIRONMENTAL PROTECTION WETLAND (EPW) ZONES ...................................................... -42 5.10 ENVIRONMENTALLY SENSITIVE LANDS ................................................... 43 5.1 1 ESTABLISHED BUILDING LINE IN BUILT UP AREA ................................. 44 5.12 EXISTING UNDERSIZED LOTS ....................................................................... 44 5.13 EXTERNAL DESIGN .......................................................................................... 44 ............................................................................................................... 5.14 FENCES 44 5.15 GARDEN SUITES (former Granny Flats) ........................................................... 44 5.1 6 GROUP HOME .................................................................................................... 45 5.1 7 HEALTH APPROVAL ........................................................................................ 45 5.1 8 HOLDING ZONES .............................................................................................. 45 5.1 9 HOME lNDUSTRY ...................................................................................... .! ..... 46 5.20 HOME OCCUPATIONS ................................................... ; .................................. 47 5.2 1 INTERIOR SIDE YARD - MARTNE FACILITIES & COMMUNAL DOCKS . 47 5.22 INTERPRETATION ............................................................................................ 48 5.23 LANDS ADJACENT TO WATERBODIES, WATERCOURSES, EMBANKMENTS, FLOODPLAINS AND ENVIRONMENTALLY SENSITIVE ................................................................................................................. LANDS 48 ........................................... 5.24 LANDS SEVERED BY PUBLIC UTILITY LINES 49 5.25 LOADING SPACE REQUIREMENTS ............................................................... 49 5.26 MULTIPLE USES ON ONE LOT ....................................................................... 50 5.27 NON-CONFORMING USES ............................................................................... 50 5.28 OBNOXIOUS USES ........................................................................................... 5 1 5.29 OFF SREET PARKING PROVISION ................................................................ 51 ................................................................................................ 5.30 OPEN STORAGE 56 5.3 1 OUTDOOR WOODBURNING FURNACES ..................................................... 56 5.32 PLANNED WIDTH OF ROAD ........................................................................... 56 5.33 PROHIBITED USES ............................................................................................ 57 5.34 PROHIBITIONS ................................................................................................... 57 5.35 PUBLIC USES AND UTILITIES AND COMMUNITY FACILITIES .............. 58 5.36 RESIDENTIAL EXTERIOR SIDE YARDS ....................................................... 59 5.37 SECONDARY FARM OCCUPATION ............................................................... 59 5.38 SIGHT TRIANGLES ........................................................................................... 59 5.39 SIGNS ................................................................................................................... 60 5.40 SPECIAL OCCASION USES .............................................................................. 61 5.41 STORAGE AND PARKING OF MOTOR VEHICLES AND TRACTOR TRAILER TRUCKS ............................................................................................. 61 5.42 TEMPORARY USES ........................................................................................... 61 5.43 TRAVEL TRAILERS, MOTOR HOMES, CAMPER TRAILERS, TRUCK CAMPERS ..................................................................................................... 61 5.44 TRUCK, BUS AND COACH BODIES ............................................................... 62 5.45 WATERTAKING PERMITS ............................................................................... 62 5.46 YARD ENCROACHMENTS PERMITTED .................................................. 6 5.47 ZONES ................................................................................................................. 63 SECTION 6 - RU - RURAL ................................................................. 65 SECTION 7 - RR - RURAL RESIDENTIAL ................................................................ 67 SECTION 8 - WR - WATERFRONT RESIDENTIAL ........................................................ 69 SECTION 9 - LSR - LIMITED SERVICE RESIDENTIAL .................................................... 71 SECTION 10 - C - COMMERCIAL ZONE .............................................................. 73 SECTION 11 - M - INDUSTRIAL ZONE .................................................................. 76 SECTION I2 - MX - MINERAL EXTRACTIVE ZONE ......................................................... 79 SECTION 13 - MI - MINING ZONE ...................................... : ............................ 81 SECTION 14 - WD - WASTE DISPOSAL ZONE ................................................................ ..82 SECTION 15 - CF - COMMUNITY FACILITY ZONE ......................................................... 84 SECTION 16 - GH - GROUP HOME ZONE ....................................................................... 86 SECTION 17 - EWP - ENVIRONMENTAL PROTECTION WETLAND ZONE ........................ 88 SECTION 18 - EP - ENVIRONMENTAL PROTECTION ZONE ........................................... 89 THE TOWNSHIP OF TUDOR AND CASHEL ZONING BY-LAW (By-law No. 2-2010-013 SECTION 1 - PURPOSE This comprehensive Zoning By-1aw.i~ intended to regulate the use of land and the erection or use of buildings or structures for or except for such purposes as set down in this by-law; to regulate the erection or use of buildings on land which is subject to flooding, or on land by reason of its rocky, marshy or unstable character for which the cost of construction of satisfactory waterworks, sewage, or drainage facilities is prohibitive; to regulate the height, bulk, location, size, floor area, spacing, character and use of buildings or structures; to regulate the minimum frontage and depth of a parcel of land and the portion of the area thereof that any building or structure may occupy; to require loading and parking facilities for buildings or structures erected or used for certain purposes; to regulate the making or establishment of pits and quarries within defined areas of the Township. SECTION 2 - TITLE This By-law shall be cited as "Zoning By-law N0.Z-2010-01-" and shall apply to all land included within the Township of Tudor and Cashel as shown on the attached schedules. BY-LAW 13-91 OF THE TOWNSHIPS OF TUDOR AND CASHEL AND ALL AMENDMENTS HERETO ARE HEREBY REPEALED. READ A FIRST TIME THIS 0 7 ~ ~ DAY OF SEPTEMBER, 20 10. READ A SECOND TIME THIS 0 7 ~ ~ DAY OF SEPTEMBER, 20 10. READ A THIRD TIME AND FINALLY PASSED THIS 0 7 ~ ~ DAY OF SEPTEMBER 2010. Original Signed by: Original Signed by: REEVE: WANDA DONALDSON CLERK: BERNICE CROCKER I hereby certify that the following is a true copy of By-law No. 2-201 0-01 as enacted by the Council of the TOWNSHIP OF TUDOR AND CASHEL. 0 7 ~ ~ day of SEPTEMBER, 20 10. /-. 247 (k][j aerk3reasurer, -- - ~ o F n s h i ~ of Tudor and Cashel SECTION 3 - DEFINITIONS For the purposes of this By-law, the definitions and interpretations in this Section shall govern unless the context indicates otherwise. The word "shall" is mandatory and not directory. Words used in the present tense include the future tense and the reverse. Words used in the plural number include the singular number and the reverse. 3.1 "ACCESSORY BUILDING" 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 and includes, but is not limited to, the following: sauna, boathouse, gazebo, pump house and deck, detached private garage and detached carport. 3.2 b'ACCESSORY USE" shall mean a use customarily incidental and subordinate to, and exclusively devoted to the main use of the lot, building or structure and located on the same lot as such main use. 3.3 "AGRTCULTUREIAGRICULTURAL USE" shall mean the use of land, buildings or structures for the purposes of the growing of field crops, flower gardening, market gardening, berry crops, tree crops, nurseries, aviaries, apiaries or farms for the grazing, breeding, raising, boarding of livestock or any other similar uses carried on in the field of general agriculture, including the sale of such produce, crops or livestock on the same lot. 3.4 "ALTER" shall mean any alteration in a bearing wall or partition, column, beam, girder or other supporting member of a building or structure or any increase in the area or cubic contents of a building or structure. When used in reference to a lot, the word "alter" means 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. 3.5 "APARTMENT" See Dwelling, Apartment Dwelling House. 3.6 "ASSEMBLY HALL" Shall mean a building or part of a building in which facilities are provided for such purposed as meetings for civic, educational, political, religious or social purposed and shall include a banquet hall, private club or fraternal organization. 3.7 "AUTOMOBILE" shall mean any vehicle, including a motor vehicle, propelled or driven otherwise than by muscular power, but does not include railway cars powered by steam, electricity or diesel fuel or other vehicles running 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. 3.7.1 "AUTOMOBILE BODY SHOP" shall mean a building where automotive cleaning, polishing, body repair and repainting is conducted but shall not include any other automotive use. 3.7.2 "AUTOMOBILE SALES AGENCY (New and Used)" shall mean a building and/or lot used for the display and sale of new and used automobiles and may include the servicing, repair and repainting of automobiles, the leasing or renting of utility or boat trailers and automobiles and the sale of automotive accessories and related products, but shall not include any other defined automotive use. Township of Tudor and Cashel - Comprehensive Zoning By-Law "AUTOMOBILE SERVICE STATION" shall mean a building or place where gasoline, propane, natural gas, diesel, oil, grease, anti-freeze, tires, tubes, tire accessories, spark plugs, batteries and other related items for automobiles, trucks, motorcycles, and snowmobiles are stored or kept for sale, or where such vehicles may be oiled, greased, washed or have their ignitions or brakes adjusted, tires inflated, batteries charged or more generally where repair or equipping of automobiles is executed or performed. An automobile service station may operate on a self-serve basis. "BASEMENT" shall mean that portion of a building or structure which is partly underground and below the first floor and which is more than 1.8 metres (5.9 ft.) in height from finished floor to ceiling and which has at least one half of its clear height above the adjoining ground level. "BASEMENT, WALKOUT" shall mean that portion of a building which is partly underground, but which has more than 50% of the floor area not greater than 0.5 metres (1. 64 ft.) below grade, and which has an entrance and exit at grade level. "BED AND BREAKFAST ESTABLISHMENT" shall mean a single detached dwelling containing not more than 2 guest rooms used or maintained for the short-term accommodation of the public, in which the owner or head lessee supplies, for hire or gain, lodgings with or without meals for 2 or more persons but does not include other establishments otherwise defined or classified herein. "BOARDING OR ROOMING HOUSE" shall mean a dwelling in which long-term lodging with or without meals is supplied for gain to not more than 4 guest rooms but does not mean or include a motel, hotel, hospital or similar commercial, community facility or institutional use, an apartment building or a bed and breakfast establishment. "BOATHOUSE, PRIVATE" shall mean a detached accessory building or structure 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, which does not exceed 4.1 m (13.45 ft.) in height,-as defined in this by-law. "BUFFER STRIP" Shall mean a planting screen, fence, earth berm or any combination of these features which is a minimum of 1.6 metres (5.25 ft.) in height above the average ground elevation of the surrounding area and which serves to prove a continuous visual screen between adjoining land uses. "BUILDING (when used as a noun)" shall mean any structure whether temporary or permanent, used or built for the shelter, accommodation or enclosure of persons, animals, materials, or equipment. Any awning, silo, vessel or vehicle used for any of the said purposes shall be deemed a building. "BUILDING HEIGHT" shall mean the vertical distance between the established grade and: i) the highest point of a flat roof ii) the deck line of a mansard roof iii) the mean height between the eaves and ridges of a gabled or hip roof; the highest point of a flat roof; but exclusive of: roof or penthouse structure accommodating an elevator, staircase, tank, ventilating fan or other similar equipment; a smoke stack; barn; silo; communications tower; drive-in theatre screen; or other utilitarian structure which does not provide habitable living space. Township of Tudor and Cashel -Comprehensive Zoning By-Law 3.16 "BUILDING PERMIT" shall mean a building permit issued by the Chief Building Official of the Corporation of the Township of Tudor and Cashel. 3.17 "BUILDING, PRINCIPAL" shall mean a building or structure in which the primary use is conducted. 3.18 "BUILDING SUPPLY OUTLET" shall mean an establishment involved in the storage, display and sales of building supplies including lumber, millwork, siding, roofing, plumbing, electrical, heating, air conditioning and similar items. 3.19 "BULK STORAGE YARD" shall mean a place where land is used for the storage in the open of goods and materials, machinery, petroleum products and/or equipment, but does not include the storage of such items as would require approval under the Health Promotion and Protection Act, as amended, nor does it include a salvage yard as defined by this by-law. 3.20 "BUSINESS, ADMINISTRATIVE OR PROFESSIONAL OFFICE" shall mean any building or part of a building in which one or more persons are employed in the management or direction of any agency, business, brokerage, labour or fraternal organization and shall include offices for doctors, dentists, optometrists, chiropractors, drugless practitioners, barristers, solicitors, engineers, architects, land surveyors or chartered accountants and for any purpose incidental thereto the administrative office or offices of a non-profit organization or a business, administrative or professional office or offices. 3.21 "BY-LAW" shall mean the Corporation of the Township of Tudor and Cashel Zoning By-law. 3.22 "BY-LAW ENFORCEMENT OFFICER" shall mean the officer or employee of the Township appointed by the Corporation with the duty of administering and enforcing the provisions of all municipal by-laws. 3.23 "CABIN, PRIVATE" shall mean a detached accessory building or structure, which does not exceed 23 square metres in total floor area, 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. 3.24 "CAMP, CHARITABLE" shall mean a seasonal camp operated by a charitable corporation approved under the Charitable Institutions Act. 3.25 "CAMPING ESTABLISHMENT" shall mean a tourist establishment consisting of at least five (5) camping lots and comprising land used or maintained as grounds for the camping or temporary parking of travel trailers, motorized mobile homes, recreational vehicles, truck campers, camper trailers or tents but does not include parks or camping grounds maintained by any ministry or department of the Government of Ontario or Canada or any Crown corporation, commission or board. 3.26 "CAMPING SITE" shall mean that part of a camping establishment which is occupied on a temporary basis only, by a trailer, motorized home, truck camper, camper or tent, having a minimum dimension of 56 sq metres (600 sq ft). 3.27 "CAMPER TRAILER" 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 temporary living, shelter and sleeping accommodation with or without cooking facilities, which is collapsible and compact while being drawn by an automobile. "CARPORT" shall mean a building or structure of which is used for the parking or storage of private passenger automobiles or commercial vehicles of less than one tonne capacity and wherein neither servicing nor repairing of automobiles is carried on for remuneration, but shall not include a Garage, private as defined herein. "CARTAGE OR EXPRESS TRUCK TERMINAL" shall mean a building, structure or place where trucks or tractor trailers 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, and which may include a warehouse. "CELLAR" shall mean the portion of a building or structure which is partly underground and below the first floor and which has at least one half of its clear height below the adjoining ground level. "CEMETERY" shall mean a cemetery or columbarium within the meaning of the Cemetery Act, as amended. "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. "CHIEF BUILDING OFFICIAL" shall mean the officer or employee of the Township and appointed by the Corporation with the duty of administering the provisions of the Ontario Building Code, Building By-law and Zoning By-law. "CHURCH" shall mean a building which may include a church hall, auditorium, Sunday school, convent, monastery or other related uses, dedicated to public worship by a recognized religion that is: i> charitable according to the laws of Ontario; i i) organized for the conduct of religious worship; and iii) permanently established both as to the continuity of its existence and as to its religious beliefs and practices "CLINIC" shall mean a building or part thereof used by qualified medical practitioners, dentists, osteopaths, or drugless practitioners, numbering more than two for public or private medical, surgical, physiotherapeutic or other human health purposes, but does not include a private or public hospital. "COMMERCIAL" shall mean the use of land, buildings or structures for the purpose of buying and selling commodities and supplying services as distinguished from such uses as the manufacturing or assembling of goods, warehousing, transport terminals, construction and other similar uses. "COMMERCIAL CLUB" shall mean a building or part of a building where a club is operated for gain or profit and may include facilities for physical fitness and recreation. Township of Tudor and Cashel - Comprehensive Zoning By-Law 3.38 "COMMERCIAL VEHICLE" shall mean any automobile having permanently attached thereto a truck or delivery body and includes ambulances, hearses, fire apparatus, police patrols, motor busses including school busses and tractor trailers used for hauling purposes on the highway. 3.39 "COMMUNITY CENTRE" shall mean any tract of land, building or buildings used for community activities whether used for commercial purposes or not, the control of which is operated under the Community Centres Act, as amended from time to time. "CONSERVATIONICONSERVATION USES" shall mean the preservation, protection, improvement and use of land andfor water for the purpose of planned management of these natural resources. "CONTRACTOR'S YARD" shall mean a place where land is used for the storage in the open, of goods and materials, machinery and/or equipment normally utilized by the construction industry and may include the repair of machinery, but does not include the storage of such items as would require approval under the Health Promotion and Protection Act, R.S.O. 1980, Chapter 400, as amended, nor does it include a salvage yard as defined by this by-law nor equipment or materials used for blasting. "CORPORATION" shall mean the Corporation of the Township of Tudor and Cashel. "COTTAGE" see Dwelling, Seasonal Dwelling House. "COTTAGE, HOUSEKEEPING" shall mean a temporary dwelling unit in a tourist establishment designed for human habitation and equipped with a kitchen, and having a water supply in common with the other buildings in a group, should the cottage be part of a group of similar cottages. "COUNCIL" shall mean the Municipal Council of the Corporation of the Township of Tudor and Cashel. "COUNTY" shall mean the Corporation of the County of Hastings. "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. "CRAFT SHOP" shall mean a building or structure where manufacturing is performed by tradesmen or craftsmen 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 potter's shop, a jeweller's shop, sculptor's studio or similar uses. A craft shop may also involve the sale of goods or materials manufactured on the premises. "DAY NURSERY" shall mean a facility operated for pre-school age children within the meaning of The Day Nurseries Act, as amended. "DAY CARE - PRIVATE HOME" shall mean the temporary care of five children or less who are under ten years of age where such care is provided in a private residence within the meaning of the Day Nurseries Act. "DECK" shall mean a horizontal surface supported on piers, free of any roof or other covering and which may be surrounded by a railing, the height of which is governed by the Ontario Building Code. 3.52 "DEER YARD" shall mean any area where deer concentrate in the winter months. 3.53 "DERELICT VEHICLE" shall mean an automobile, whether or not intact or operable, which: i) is not currently licensed or is not exempt from licensing for operation on a highway under the provisions of the Highway Traffic Act; and ii) has not been moved under its own power; and iii) is not located in an enclosed building or other location so as not to be visible from any adjacent lands which are not occupied by the owner of the vehicle, but shall not include an automobile which is kept for sale or repair upon premises which are lawfully used hereunder for an .automobile body shop, automobile service station or an automobile sales agency. "DEVELOPMENT" shall mean the construction, erection, or placing of a building or structure of any kind or the making of an addition or alteration to a building or structure that has the effect of increasing the size or usability thereof, and includes such related activities as site grading and the placing or dumping of fill andlor any other operations that disrupt the natural environment in, on, over or under land or water. "DOCK" shall mean a structure built at or anchored to the shore at which boats or other floating vessels are berthed or secured to. "DOCK, COMILnTNAL" shall mean any dock owned andtor used by more than one interest. "DRIVEWAY" shall mean an area of land which provides vehicular access from the travelled portion of a street to a parking aisle. "DRY INDUSTRY" shall mean an industry which does not require the excessive use of water or other fluids in an industrial process. "DUPLEX" see Dwelling, Duplex Dwelling House. "DWELLING" shall mean a building or structure or part of a building or structure occupied and capable of being occupied for human habitation, and includes a building that would be or could be intended to be used for such purpose except for its state of disrepair and shall include any mobile dwelling unit. "DWELLING, ACCESSORY" shall mean a single detached dwelling which is accessory to a permitted non-residential use, located on the same lot therein and is occupied by either the owner or the person employed on the lot where such dwelling is located. "DWELLING UNIT" shall mean a suite of two or more rooms, designed or intended for use by one or more persons, in which sanitary conveniences are provided, in which facilities are provided for cooking, or the installation of cooking equipment, in which a heating system is provided and containing a private entrance from outside the building or from a common hall or stairway inside. "DWELLING UNIT, ACCESSORY" shall mean a dwelling unit which is part of and accessory to a permitted non-residential building other than an automobile service station or commercial garage. Such dwelling unit shall be occupied by the owner of the non-residential building or by a person employed on the lot where such dwelling unit is located. Township of Tudor and Cashel - Comprehensive Zoning By-Law "DWELLING UNIT AREA" shall mean the habitable area contained within the walls of a dwelling unit excluding any private garage, carport, porch, verandah, unfinished attic, cellar or sunroom (unless such sunroom is habitable is all seasons of the year) and excluding public or common halls or areas, stairways and the thickness of outside walls. "DWELLING, CONVERTED" shall mean a dwelling erected prior to passing of this By-law altered to contain no more than 2 dwelling units. "DWELLING, DUPLEX" shall mean a building that is divided horizontally into two dwelling units, each of which has an independent entrance either directly or through a common vestibule. "DWELLING, MOBILE HOME" shall mean a transportable, factory-built single unit dwelling providing space standards substantially equal to those laid down in the Canadian Code for Residential Construction (Residential Standards 1980) designed to be transported on its own wheels and chassis to the mobile home lot, which may be supported on wheels, jacks, posts or piers or may have a permanent foundation and shall be designed to be connected to service utilities so as to be suitable for year-round, long-term occupancy. It does not include a modular home, a park model trailer, camper trailer, tent trailer or trailer otherwise defined in this By-law. For the purposes of the By-law a single section manufactured home shall be deemed to be a "mobile home dwelling house" "DWELLING, MULTIPLE" shall mean a separate building containing three or more dwelling units which are horizontally and/or vertically attached with masonry walls and which have separate private entrances from the exterior of the building or from a common hallway. "DWELLING, SENIOR CITIZEN MULTIPLE" shall mean any multiple dwelling for senior citizens sponsored and administered by any public agency or any service club, church or non-profit organization, either of which obtains its financing from Federal, Provincial or Municipal governments, or by public subscription or donation, or by any combination thereof, and such multiple dwellings shall include auxiliary uses such as club and lounge facilities, usually associated with senior citizens' development. "DWELLING, SEASONAL" shall mean a detached building constructed and used as a secondary place of residence for seasonal vacations and recreational purposes and not as the principal residence of the owner or occupant thereof. "DWELLING, SEMI-DETACHED" shall mean a separate building containing two dwelling units separated vertically by a common wall, each unit having separate entrance and exit facilities. "DWELLING, SINGLE DETACHED" shall mean a separate building designed and intended to be occupied as a one dwelling unit. "DWELLING UNIT, BACHELOR" shall mean a dwelling unit consisting of one bathroom and not more than two habitable rooms providing therein living, dining, sleeping and kitchen accommodation in appropriate individual or combination room or rooms. "EATING ESTABLISHMENT" shall mean a building or part of a building where food is prepared and/or cooked for sale to the public, and includes a restaurant, a drive-in restaurant, a take-out restaurant, a snack bar, a dairy bar, coffee shop, dining room, cafe, ice cream parlour, tea or lunch room or refreshment stand but does not include a boarding or rooming house or a chip wagon or chip truck. Township of Tudor and Cashel - Comprehensive Zoning By-Law 3.75 "ENVIRONMENTAL IMPACT STATEMENT (EIS)" shall mean a study prepared in accordance with established procedures in accordance with the policies of the County of Hastings Official Plan and any other Provincial and Federal regulations which may apply and as amend from time to time. 3.76 "EQUIPMENT SALES/EPENTAL AND REPAIR ESTABLISHMENT" shall mean a building or part of a building, structure or yard in which articles, machinery and equipment, including heavy machinery are offered for rent or sale and may be serviced or repaired, and may be offered or kept for rent or sale under agreement for compensation. 3.77 "ERECT" when used in this By-law .includes construction, reconstruction, and relocation of buildings and structures, and without limiting the generality of the work, also includes: i) any preliminary physical operation such as excavating, filling, regarding or draining; ii) altering any existing building or structure by adding, enlarging, extending, remodeling, renovating, moving, demolishing, or effecting other structural changes; iii) any work for the doing of which a building permit is required under the Building By-law of the Corporation; and iv) erect, erected or erection shall have a corresponding meaning.. 3.78 "ESTABLISHED BUILDING LINE" shall mean the average setback of the existing buildings. A building line is considered to be established when at least three buildings have been erected on any one side of a continuous 300 metres (984.3 ft.) of land with street frontage. 3.79 "ESTABLISHED GRADE" shall mean the average elevation of the ground level or sidewalk adjoining the front wall of the building or structure. 3.80 "EXISTING" unless otherwise described, shall mean existing as of the date of the passing of this By-law. 3.81 "EXTEFUOR SIDE LOT LINE" see "Lot Line, Exterior Side Yard". 3.82 "EXTERIOR SIDE YAFW" see "Yard, Side" 3.83 "FARM" shall mean land used for the tillage of soil and the growing of vegetables, fruits, grains or other staple crops and includes livestock raising, dairying or woodlots. "Farm" shall include a single unit dwelling house and buildings and structures, such as barns and silos, which are incidental to the operation of the farm. 3.84 "FARM IMPLEMENT AND SUPPLY DEALER" shall mean an establishment for the repair and/or sale of agricultural implements including the sale of fuel, lubricants and related items for agricultural equipment on the same premises. 3.85 "FARM PRODUCE OUTLET" shall mean a use accessory to a permitted agriculture use, which consists of the retail sale of agricultural products. 3.86 "FACTORY OUTLET" shall mean a building or part of a building in which the wholesale sale of products to the general public is carried on. The outlet may or may not be in the factory in which the goods were produced nor must the outlet be located on the same property in which the factory is located. Township of Tudor and Cashel - Comprehensive Zoning By-Law "FLEA MARKET" shall mean a building or part of a building where second hand goods, articles and antiques are offered or kept for sale at retail to the general public but shall not include any other establishment otherwise defined or classified herein. "FLOOD PLAIN" shall mean: i) the area, usually low lands, adjoining a watercourse which has been, or may be, covered by flood waters; or ii) where the high water mark is not known, any land situated between a watercourse and a line parallel to and at a distance of 15 metres (49.2 ft.) measured at right angles from the top of the bank of a watercourse; or iii) where the high water mark is not known and the bank of a watercourse is not discernible, the horizontal area, 20 metres (65.6 ft.) wide, on either side of the centre of a watercourse; iv) the engineered 1 : 1000 year flood elevation where it has been established/calculated. "FLOOR AREA, GROSS" shall mean the total floor area of all the storey's of a building and shall include the floor area of any apartment or areas common to the tenants, which floor areas are measured between exterior faces of the exterior walls of the building at each floor level, but excluding car parking areas within the building and any finished or unfinished basement or cellar. For the purpose of this definition, the walls of an inner court are and shall be deemed to be exterior walls. "FLOOR AREA, GROUND" shall mean the floor area of the lowest storey of a building, approximately at or first above the finished grade level, of which the area is measured between the exterior faces of the exterior walls at the floor level of such storey, but excludes car parking areas within the building and any finished or unfinished basement or cellar. For the purpose of this paragraph, the walls of an inner court are and shall be deemed to be exterior walls. "FLOOR, GROUND" shall mean the lowest storey of a building, approximately at or first above the finished grade level. "FOOD MARKET" shall mean a building or part of a building wherein food and other household items are kept for sale at retail to the general public and which operates on a self- service, cash and carry basis. llFORESTRY/FORESTRY USES" shall mean the management, development, cultivation and harvesting of timber resources to ensure the continuous production of wood or wood products, provision of proper environmental conditions for wildlife, protection against floods and erosion, protection and production of water supplies, and preservation of the recreation resource. "FOUNDATION" shall mean a system or arrangement of structural members including footings, rafts or piles through which the loads from a building are transferred to supporting soil or rock. "FRONT LOT LINE" see "LOT LINE, FRONT" "FRONT YARD" see "YARD, FRONT" "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 Township of Tudor and Cashel - Comprehensive Zoning By-Law . 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. 3.98 "FUNERAL HOME" shall mean a building,. or a portion of a building, 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. 3.99 "GARAGE, COMMERCIAL" shall mean a building, structure or lot where commercial motor vehicles are stored or where vehicles are repaired or maintained. 3.100 "GARAGE, PRIVATE" shall mean a separate building or a part of the principal building used for the parking or storage of private passenger motor vehicles or commercial vehicles of less than one tonne capacity and wherein neither servicing nor repairing is carried on for remuneration. "GARAGE, PUBLIC" see "AUTOMOBILE SERVICE STATION". "GARDEN SUITE" (former Granny Flat) shall mean a manufactured detached dwelling consisting of separate modular or panelized sections which are designed to permit easy delivery to and assembly into one integral unit on a specific site, and which are reusable and designed to permit easy disassembly for transport back to the factory or to another site at an appropriate time. Under no circumstances shall a garden suite be defined to include a single wide or double wide mobile home, a motorized mobile home, a travel trailer, tent trailer or trailer otherwise designed. "GAS BAR" shall mean one or more pump islands, each consisting of one or more gasoline pumps and shelter having a floor area of not more than 9.3 square metres (100 sq. ft), excluding washrooms, which shall not be used for the sale of any product other than liquids and small accessories required for the operation of motor vehicles and shall not be used for repairs, oil changes or greasing, but this definition shall not include a kiosk on a pump island. "GASOLINE PUMP ISLAND" shall mean a structure which is an accessory use intended to provide gasoline for vehicles. "GAZEBO" shall mean a freestanding, roofed accessory structure which is not enclosed, except for screening or glass and which is utilized for the purposes of relaxation in conjunction with a residential dwelling but shall not include any other use or activity otherwise defined or classified in this By-law. "GUEST" shall mean a person, other than a boarder, who contracts for accommodation and includes all the members of the person's party. "GUEST 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 for compensation. "GIFT SHOP" shall mean a building or part of a building where crafts, souvenirs, gifts or similar items are offered or kept for sale at retail to the general public but shall not include any other establishment otherwise defined or classified in this By-law. "GOLF COURSE" shall mean a public or private area operated for the purpose of playing golf and includes a par 3 or larger golf course, a miniature golf course and driving range. Township of Tudor and Cashel - Comprehensive Zoning By-Law "GRAVEL PIT OR QUARRY" shall mean any pit or excavation made for the removal of any - soil, earth, clay, marl, sand, gravel or rock for commercial purposes but shall not include an excavation incidental to the erection of a building or structure for which a building permit has been granted by the Corporation or an excavation incidental to the construction of any public works. "GROUP HOME" shall mean a residence that is licensed or approved under an Act of the Parliament of Canada or 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 emotional, mental, social or physical condition or legal status, require a group living arrangement. "GREENHOUSE" shall mean a building for the growing of plants, shrubs, trees and similar vegetation which are primarily intended to be transplanted outdoors. "former Granny Flat" see "Garden Suite". "HABITABLE ROOM" shall mean a room or enclosed floor space of not less than 6.5 square metres, having at least 50 percent of its height above the surrounding grade adjoining an external wall used or intended to be used for living, eating, cooking or sleeping; but does not include any space in a dwelling or dwelling unit used as a bathroom, pantry, corridor or hallway, closet, stairway or lobby. "HEALTH SPA" shall mean a building or buildings and associated land, facilities and accessory buildings and uses which provide for the physical and emotional treatment of the human body. "HEIGHT AND HEIGHT OF BUILDING" shall mean the vertical distance, measured between the finished grade at the front of the building, and: i> in the case of a flat roof, the highest point of the roof surface. i i) in the case of a mansard roof, the deck roof line, and iii) in the case of a gable, hip or gambrel rood, the average height between the eaves and ridge. Accessory roof fixtures and facilities, such as chimney, towers, steeples or television antennas, shall be disregarded in calculating the height of a building. "HEREAFTER" shall mean after the date of the passing of this By-law. "HEREIN" shall mean in this By-law and shall not be limited to any particular section of this By-law. "HIGH WATER MARK" shall mean the mark made by the action of water under natural conditions on the shore or bank of a body of water, which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark. "HIGHWAY" shall mean a highway within the meaning of the Highway Traff~c Act. Townshlp of Tudor and Cashel -Comprehensive Zoning By-Law 3.121 "HOME'FOR THE AGED" shall mean a home for the aged within the meaning of the Homes for the Aged Act, as amended. 3.122 "HOME INDUSTRY" shall mean an industry which is clearly incidental or secondary to the residential use of a single detached dwelling ,and is conducted either entirely within a single dwelling or in an accessory building to a single dwelling, by an inhabitant thereof. Such industries shall include: a woodworking shop; a welding shop; a small engine repair shop, a blacksmith shop or similar use. 3.123 "HOME OCCUPATION" shall mean a use which is clearly incidental or secondary to the residential use of a dwelling and is conducted entirely within such a dwelling by an inhabitant thereof and shaJl not use more than 25% of the gross floor area of the dwelling. Such uses may, among others, include an outlet or office for a real estate agent; hairdresser; dressmaker; dentist; doctor; chiropractor; physiotherapist; licensed masseur or masseuse or osteopath or other professional; or a bed and breakfast establishment. 3.124 "HOSPITAL, PRIVATE" shall mean a hospital as defined by the Public Hospitals Act, as amended from time to time. 3.125 "HOSPITAL, PUBLIC" shall mean a hospital as defined by the Public Hospitals Act, as amended from time to time. 3.126 "HOTEL" shall mean a building or structure used for the purpose of catering to the needs of the traveling public by supplying sleeping accommodations, and may or may not include food and refreshments and which may include permanent staff accommodation and may or may not be licensed under the Liquor Licence Act. 3.127 "INTERIOR SIDE YARD" see "YARD, SIDE". 3.128 "KENNEL" shall mean a building or structure where dogs, cats or other domestic household pets are kept or boarded and the operation is registered by an appropriate recognized organization or club and is licensed by the Corporation. 3.129 "LANDSCAPED" shall mean an area not built upon and not used for any purpose other than as a landscaped area and which shall include at least a hedgerow of vegetation not less than .3 metres (1 ft.) in height at the time of planting and which, when fully grown, will reach a height of not less than 2 metres (6.6 ft.), extending the full length of the landscaped area. and be maintained in a healthy growing condition. A landscaped area does not include driveways, parking spaces or parking aisles. 3.130 "LANE" shall mean a thoroughfare or way, which affords only a secondary means of access to abutting property. 3.131 "LAUNDRY AND DRY CLEANING SHOP" shall mean a building or part 'of a building used for the purpose of receiving articles or goods of fabric to be subjected to a commercial process of laundering, dry cleaning, dry dyeing or cleaning elsewhere and for the pressing and distribution of any such articles or goods which have been subjected to any such process and shall include self-service laundry andlor self-service dry cleaning establishments. 3.132 "LIBRARY" shall mean a public library within the meaning of the Public Libraries Act, as amended. Township of Tudor and Cashel - Comprehensive Zoning By-Law 3.133 "LIQUOR LICENCED PREMISES" shall mean any building, structure or premises licenced by the Liquor Licence Board of Ontario. "LIVESTOCK" shall mean poultry, turkeys, cattle, hogs, horses, mink, rabbits, sheep, goats, fur bearing animals or any other domesticated animal used for consumption. "LIVESTOCK FACILITY" shall mean a farm unit which includes the raising or keeping of livestock as defined herein. "LOADING SPACE" shall mean an unencumbered area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area: i) is provided for the temporary parking of one commercial motor vehicle while merchandise or materials are being loaded or unloaded from such vehicle, and such parking shall not be for the purpose of sale or display; ii) is suitable for the temporary parking of one commercial motor vehicle; iii) is not upon or partly upon any street, lane or alley; and iv) has adequate access to permit ingress and egress of a commercial motor vehicle from a street by means of driveways, aisles, manoeuvring areas or similar areas, no part of which shall be used for the temporary parking or storage of one or more motor vehicles. "LODGE" shall mean an establishment catering to the vacationing public by providing meals and sleeping accommodation to at least five (5) guests in rooms or cabins, but shall not include any establishment otherwise defined herein. "LOGGING" shall mean the removal or cutting of merchantable timber either by strip or clear or total cutting operations but does not include the selective harvesting of mature timber nor does it include the clearing of land incidental to putting the land into a condition necessary for the bonafide exercise of a use specifically permitted herein and selective harvesting as used herein means the harvesting of mature timber while causing a minimum of damage to adjacent growth in accordance with good forestry practice. "LOT" shall mean a parcel of land, the boundaries of which are defined in the last registered instrument by which legal or equitable title to the said parcel was lawfully and effectively conveyed or which is a whole lot as shown on a Registered Plan of Subdivision subject to the provisions of the Planning Act. "LOT AREA" shall mean the total horizontal area within the lot line of a lot, and in the case of a corner lot having street lines rounding at the corner with a radius of 6 metres (19.7 ft.) or less, the lot area of such lot is to be calculated as if the lot lines were projected to their point of intersection. "LOT, CORNER" shall mean a lot situated at the intersection of two or more streets or private roads, having an angle of intersection of not more than 135 degrees, where such adjacent sides are curved, the angle of intersection of the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents to the street lines drawn through the extremities of the interior lot lines, provided that: i) in the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said, tangents and Township of Tudor and Cashel - Comprehensive Zoning By-Law ii) any portion of a corner lot distant more than 30 metres (98.42 ft,) from the corner measured along the street line shall be deemed to be an interior lot. The front lot line on a corner lot is deemed to be the shorter of the two lot lines abutting the street. 3.142 "LOT COVERAGE" shall mean that percentage of the lot area covered by all buildings or structures but excluding any part of a building or structure, which is constructed entirely below grade. For the purposes of calculating lot coverage, the lot coverage of each zone shall be deemed to apply only to that portion of such lot that is located within the said zone. 3.143 "LOT DEPTH" shall mean the horizontal distance between the midpoints of the front and rear lot lines, and where there is no rear lot line, lot depth means the length of a line within the lot between the midpoint of the front lot line and the most distance point of the apex(s) of a triangle formed by the side lot lines. 3.144 "LOT FRONTAGE" shall mean the horizontal distance between the side lot lines measured along the front lot line, but where the front lot line is not a straight line or where the side lot lines are not parallel, the lot frontage is to be measured nine (9) metres (29.5 fi.) back from the front lot line and parallel to the chord of the lot frontage. For the purpose of this paragraph the chord of the lot frontage is a straight line joining the two points where the side lot lines intersect the front lot line. 3.145 "LOT, INTERJOR" shall mean a lot other than a corner lot or a through lot. 3.146 "LOT LINE" shall mean any boundary of a lot. 3.147 "LOT LINE, EXTERIOR SIDE" shall mean the longer of the lot lines of a corner lot which abuts a street. 3.148 "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 and the other lot line abutting a street shall be deemed an exterior lot line. In the case of a lot fronting on a navigable waterway, the shorter lot line directly adjacent to the navigable waterway shall be deemed to be the front lot line. In the case of a lot fronting on a navigable waterway and on a street, the lot line abutting the street shall be deemed the front lot line. 3.149 "LOT LINE, REAR" shall mean the lot line farthest from and opposite to the front lot line and where the side lot lines converge at the rear of the lot to form a triangular shaped parcel of land, the rear lot line shall mean the apex of the triangle formed by the side lot lines. Furthermore, where the rear lot line is situated adjacent to a body of water, such lot line shall be the line formed by the high water mark of a body of water. 3.150 "LOT LINE, SIDE" shall mean any lot line other than the rear or front lot line. 3.151 "LOT, THROUGH" shall mean a lot bounded on two or more sides by streets provided however that if any lot qualifies as being both a corner lot and a through lot as herein defined, such lot shall be deemed a corner lot for the purpose of this By-law. Township of Tudor and Cashel - Comprehensive Zoning By-Law "LOT WIDTH" shall mean the horizontal distance between the two side lot lines measured in conformity with Section 3.143 hereof. "LUMBER YARD" shall mean an area where finished and unfinished lumber is stored but does not include an establishment or area otherwise defined in this by-law. "MANUFACTURING 013 PROCESSING PLANT" shall mean a plant in which the process of producing a product suitable for use by hand and/or mechanical power and machinery is carried on systematically with division of labour. "MARTNA, PUBLICPWATE" shall mean a building or structure with access to a body of water, where boats and boat accessories are berthed, stored, serviced, repaired or kept for sale and where facilities for the sale of marine fuels and lubricants may be provided. MARINEISNOWMOBILE DEALER" shall mean any building or structure used for the purpose of supplying and selling all-terrain (ATV) vehicles, marine and snowmobile products and may include repair facilities for the purpose of repairing only those items either sold by or related to the products supplied by the dealer. "MARINE FACILITY" shall mean an accessory building or structure which is used to take a boat into or out of a waterbody to moor, berth or store a boat and includes a boat launching ramp, boat lift, pumping station, dock or boathouse and a water pumphouse but shall not include any building used for human habitation or any boat service, repair or sales facility and shall comply with the minimum side yard requirements of the respective zone. "MARKET GARDEN" shall mean the use of land for the intensive commercial cultivation of vegetables, fruits or flowers. "MERCHANDISE SERVICE SHOP" shall mean a building or part of a building, whether connected with a retail shop or not, in which persons are employed in furnishing the repair or servicing of articles, machines, goods or materials as opposed to the manufacture of same. Merchandise service shops include such establishments as small engine repair of such items as lawn mowers, chainsaws and snowmobiles. "MINIMUM DISTANCE SEPARATION" shall mean a separation requirement as provided for in Appendix 1 and 2. i) Minimum Distance Separation I provides minimum distance separation for new or expanding development from existing livestock facilities. ii) Minimum Distance Separation I1 provides minimum distance separation for new or expanding livestock facilities from existing or approved development. "MOBILE HOME" see "DWELLING, MOBILE H O M E "MODULAR HOME" shall mean a single detached dwelling that is constructed by assembling at least two factory manufactured modular units each of which comprises at least one room or living area, and has been manufactured to a Canadian Standards Association (CSA) A277 certified factory, in accordance with the Building Code Act, R.S.O., 1990, c. B.13, and amendments thereto, and any and all regulations passed pursuant thereto. For the purposes of this By-law a modular home dwelling house shall be considered as a "single detached dwelling house". Township of Tudor and Cashel - Comprehensive Zoning By-Law 3.163 "MOTOR HOME" shall mean any motor vehicle so constructed as to be a self-contained, self- propelled unit capable of being utilized for the living, sleeping or eating accommodation of persons on a temporary basis. 3.164 "MOTEL" shall mean an establishment which consists of one or more than one building containing more than one rental unit for the purpose of catering to the traveling public, to whom the automobile is the principal means of transportation, by furnishing sleeping accommodations with or without meals and which may include permanent staff accommodation and may or may not be licensed under the Liquor License Act. 3.165 "MOTOR VEHICLE" shall mean an automobile, truck, motorcycle, and any other vehicle propelled or driven otherwise than my muscular power, but does not include 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.. 3.166 "MOTOR VEHICLE, COMMERCIAL" shall mean any commercial motor vehicle within the meaning of the Highway Traffic Act. 3.167 "MOTOR VEHICLE, DERELICT" shall mean a motor vehicle within the meaning of the Highway Traffic Act as amended, whether or not the same is intended for use as a private passenger motor vehicle, 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. 3.168 "MOTOR VEHICLE BODY SHOP" shall mean a building or structure used for the painting or repairing of motor vehicles bodies. 3.169 "MOTOR VEHICLE GASOLINE BAR" shall mean one or more pump islands, each consisting of one or more gasoline pumps, and a shelter having a surface area of not more than 9 square metres and may include facilities for the refilling of propane tanks and the changing of oil, greasing and lubricating of motor vehicles, including the sale of automotive accessories, antifreeze and additives but shall not include any other use or activity otherwise defined or classified in this By-law. 3.170 "MOTOR VEHICLE RENTAL" shall mean a building or structure where motor vehicles are kept for rent, lease or hire under agreement for compensation. 3.171 "MOTOR VEHICLE REPAIR GARAGE" shall mean a building or structure where the services performed or executed on motor vehicles for compensation shall include the installation of exhaust systems, repair of electrical systems, transmissions, brakes, radiators and tire repair and installation, rust proofing, 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. 3.172 "MOTOR VEHICLE SALES" shall mean a building or structure where a licensed dealer displays new motor vehicles for sale or rent in conjunction with which there may be used motor vehicle sales, a motor vehicle repair garage, service station gasoline bar or body shop but shall not include any other establishment otherwise defined or classified in the By-law. 3.173 "MOTOR VEHICLE SERVICE STATION" shall mean a building or structure where gasoline, propane, oil, grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs, batteries and automotive products are stored or 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 only minor mechanical or running repairs essential to the actual operation of motor vehicles are executed or preformed. "MOTOR VEHICLE WASH, AUTOMATIC" shall mean a building or structure containing facilities for washing motor vehicles for profit or gain either using production line methods and mechanical devices or by a self-service operation and, for the purpose of this By-law may include a motor vehicle gasoline bar but shall not include any other use or activity otherwise defined or classified in this By-law. "MOTORIZED ALL TERRAIN VEHICLE (A.T.V.)" shall mean a motorized vehicle used for off road purposes, but which is not licensed for use on public roads. "MOTORIZED SNOW VEHICLE" shall mean a motorized snow vehicle within the meaning of The Motorized Snow Vehicle Act. "MULTIPLE DWELLING" see "DWELLING, MULTIPLE". "MUNICIPAL/PUBLIC UTILITIES YARD" shall mean a lot which may include a building or structure and also associated storage structures used for the storage, maintenance or repair of supplies, materials, equipment, machinery or motor vehicles used in connection with civil works and shall include a public works yard. "NON-COMPLYING USE" shall mean a permitted land use, building or structure existing at the date of the passing of this By-law which does not fulfill the requirements of the zone provisions (e.g. yard setbacks) for the zone within which it is located. "NON-CONFORMING USE" shall mean a lawful and specific use, building, structure or land existing at the date of the passing of this By-law which does not fulfill the requirements of the use provisions for the zone in which it is located. "NOXIOUS" shall mean, when used with reference to any use or activity in respect of any land, building or structure or a use or activity which, from its nature or from 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, a condition which may become hazardous or injurious as 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. 3.182 "NUISANCE" shall mean any condition existing that is or may become injurious or dangerous to health or that prevents or hinders or may prevent or hinder in any manner the suppression of a disease. 3.183 "NURSERYIGARDEN CENTREIGREENHOUSE" shall mean: i) a place where young trees or other plants are grown for transplanting or for sale, and may also include the sale of related accessory supplies. ii) land used for the growing of sod, flowers, bushes, trees or other gardening, landscaping or orchard stock for wholesale or retail sale. iii) a building or structure, and lands associated therewith, for the growing of flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation together with gardening tools and implements which are sold at retail from such building or lot to the general public. 3.184 "NURSERY SCHOOL" shall mean a day nursery within the meaning of the ,Day Nurseries Act, as amended from time to time, and shall include a.day care centre. i) a building in which the proprietor supplies for hire or gain, lodging with or without meals and, in addition, provides nursing, medical or similar care and treatment, if required, and includes a rest home, or convalescent home, and 'any other establishment required to operate under the appropriate statute. ii) any premises in which persons are cared for, lodged, either by a charitable institution within the meaning of the appropriate statute or for hire, where, in addition to sleeping accommodation and meals, personal care, nursing services or medical care and treatment are provided or made available, but shall not include a Maternity boarding house. For the purpose of this definition,. 'personal care' means personal services such as the provision of aid to residents in walking or climbing or descending stairs, in getting in or out of bed, in feeding, dressing, bathing or in other matters of personal hygiene, and includes the preparation of special diets, the provision of tray service for meals, the supervision of medication and other similar types of personal assistance and 'resident' means a person who is- cared for or lodged for hire in such premises. 3.185 "OCCASIONAL USE CABIN" shall mean a building or structure intended to provide basic shelter and temporary accommodation for a person or group of persons engaged in hunting or fishing activities or other outdoor recreation activities on an occasional or seasonal basis, without any- water or wash facilities. An occasional use cabin does not include a dwelling or a commercial use and shall not be used for human habitation on a permanent basis. A permit may be required by the local Conservation Authority 3.186 "OFFICE, ADMINISTRATIVE, BUSINESS OR PROFESSIONAL" see "BUSINESS, ADMINISTRATIVE OR PROFESSIONAL OFFICE" 3.187 "OPEN SPACEIOPEN SPACE USES" shall mean the open, unobstructed space on a lot, including the open, unobstructed space accessible to all occupants of any residential or commercial building or structure, which is suitable and used for the growth of grass, flowers, bushes and other vegetation and may include any surface pedestrian walk, patio, pool, or similar area, but does not include any driveway, ramp or parking spaces, parking aisles, loading spaces, vehicular maneuvering areas or similar areas. 3.188 "ORNAMENTAL STRUCTURE" shall mean any ornamental fountain, statue, monument, cenotaph or other memorial or decorative structure not being part of or accessory to any other structure. 3.189 "OUTDOOR FURNACE" shall mean a building or structure that is used to provide heat or heated water to the main building on a lot but is separate from the main building on the lot. 3.190 "OUTSIDE STORAGE" shall mean an accessory storage area outside of the principal or main building on the lot. "OWNER" shall mean mortgagee, lessee, tenant, occupant or person entitled to limited estate or interest in land, a trustee in whom the land is vested, a committee of the estate of a mentally incompetent person, an executor, an administrator or a guardian. "PARK, PRIVATE1' shall mean a park other than a public park. "PARK, PUBLIC" shall mean a 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 or Government of Canada. "PARK MODEL TRAILER" shall mean 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 m sq. (538 sq.ft.) in set up mode, and having a width not greater than 2.6 m (8.5 ft.) in the transit mode. Further all Park Model Trailers shall comply with Canadian Standards Association Standard No. 2241. "PARKING AISLE" shall mean an area of land which abuts and provides direct vehicular access to one or more parking spaces. "PARKING ANGLE" shall mean the angle, equal to or less than a right angle, formed by the intersection of the side of the parking space and line parallel to the aisle. "PARKING AREA" shall mean an area of land which is provided and maintained upon the same lot or lots upon which the principal use is located or upon a privately owned lot situated within 60 metres (196.9 ft.) of the said lot and which areas comprise all parking spaces of at least the minimum number required according to the provisions of this By-law, and all driveways, aisles, vehicular maneuvering areas, entrances, exits and similar areas used for the purpose of gaining access to or egress from the said parking spaces. "PARKTNG LOT" shall mean any parking area other than a parking area accessory to a permitted use. "PARKING SPACE" shall mean an area of land having a width of not less than 2.7 metres (8.9 ft.) and a length of not less than 6 metres (19.69 ft.), exclusive of aisles or any other land used for access or vehicular maneuvering, for the temporary parking of one motor vehicle. A parking space may be located in the open or within a private garage, carport, building or other covered area and shall have adequate access to permit ingress and egress of a motor vehicle from a street by means of driveways, aisles or similar areas. "PERSON(S)" shall mean any human being, association, firm, partnership, private club, 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. "PERSONAL SERVICE SHOP" shall mean a building or part of a building in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons. Personal service shops, include such establishments as barber shops, hairdiessing salons, shoe repair and shoeshine shops and depots for collecting dry-cleaning and laundry. "PIT" shall mean land or land under water from which unconsolidated aggregate is being or has been excavated, and that has not been rehabilitated, but does not mean land or land under water excavated for a building or other work on the excavation site or in relation to which an order has been made under the Aggregate Resources Act. "PLACE OF ENTERTAINMENT" shall mean a motion picture or other theatre, public hail, billiard or pool room, a bowling alley, ice or roller skating rink, dance hall or music hall, but, for the purposes of this By-law does not include any other use or activity otherwise defined or classified herein. "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. "PLANTING SCREEN" shall mean a continuous hedgerow of evergreen trees or shrubs, not less than 1.6 metres (5.25 ft.) in height, immediately adjacent to the lot line or portion thereof along which such planting screen is required herein. "PRINCIPAL OR MAIN BUILDING" shall mean the building in which is carried on the principal purpose for which the lot on which it is located is used. "PORTABLE CANTEEN" shall mean a vehicular and mobile facility where light meals and drink are prepared and served to the public and which does not necessarily provide for consumption thereof on the premises and shall include a chip truck or chip wagon. "PRINTING/PUBLISHING ESTABLISHMENT" shall mean a building or part of a building in which the business of producing books, newspapers or periodicals by mechanical means and reproducing techniques such as photo copying is carried on and may include the sale of newspapers, books, magazines, periodicals or the like to the general public. "PRIVATE CLUB" shall mean a building or part of a building used as a meeting place for members sharing a common interest and includes a fraternal lodge or organization and a labour union hall. Such private clubs shall not be operated for profit. "PRJYATE GARAGE" see "GARAGE, PRIVATE". "PRIVATE PARK" see "PARK, PRIVATE" "PRIVATE ROAD" shall mean a registered right-of-way not dedicated and accepted as, or otherwise deemed at law to be a public highway, that serves as a privately maintained motor vehicle access-route to one or more abutting, legally conveyable parcels of land. "PROVINCIAL HIGHWAY" shall mean a street or road under the jurisdiction of the Ministry of Transportation. "PROVINCIALLY SIGNIFICANT WETLANDS" shall mean coastal or inlet wetlands and areas of natural and scientific interest, an area identified as provincially significant by the Ontario Ministry of Natural Resources using evaluation procedures established by the Province, as amended from time to time. 3.215 "PUBLIC AUTHORITY" shall mean Federal, Provincial, County or Municipal agencies, and includes any commission, board, authority or department established by such agency. "PUBLIC GARAGE" see "GARAGE, PUBLIC" "PUBLIC PARK" see "PARK, PUBLIC". "PUBLIC USE" shall mean the Corporation of the Township and any Boards or Commissions thereof: the Bell Telephone Company of Canada, any company supplying natural gas to the Township, the electric authority, the County of Hastings and any Department of the Government of Ontario and Canada, or other similarly recognized agencies. "PUBLIC UTILITY" shall mean a water works or water system, sanitary or storm water sewage works, electrical power or energy generating system, street lighting system, natural or artificial gas works; and includes any land, building, equipment, collection, distribution, supply or transmission systems required for the administration or operation of any such system. "QUARRY" shall mean land or land under water from which consolidated aggregate is being or has been excavated and that has not been rehabilitated, but does not mean land or land under water excavated for a building or other work on the excavation site or in relation to which an order has been made under the Aggregate Resources Act. "RACEWAY" shall mean a track for the running and/or training of horses which is accessory to the function of a riding stable or farm and which does not operate on a commercial basis and shall include a track for the running of automobiles and go-karts. "REAR LOT LINE" see "LOT LINE, REAR. "REAR YARD" see "YARD, REAR". "RECREATIONAL ESTABLISHMENT, COMMERCIAL" shall mean a building used or intended to be used for a theatre, bowling alley, curling rink, swimming pool, billiard parlour, health club, athletic club or similar uses. "RECREATIONAL USE" shall mean the use of land for parks, playgrounds, tennis courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, picnic areas, swimming pools, riding clubs, day camps, community centres, snow skiing and all similar uses, together with necessary and accessory buildings and structures, but does not include an arcade or a track for the racing of animals, motor vehicles, snowmobiles or motorcycles. "RECREATIONAL USE, ACTIVE OUTDOOR" shall mean uses such as golf courses, lawn bowling greens, tennis courts, outdoor skating rinks and swimming pools, together with necessary and accessory buildings and structures. "RECREATIONAL USE, PASSIVE OUTDOOR" shall mean such uses as hiking and ski trails, nature observation locations and open space as opposed to (for example) tennis courts, golf courses and baseball diamonds. "RECREATIONAL VEHICLE DEALERSHIP" shall mean a building or structure where a licensed dealer displays new recreational vehicles, including motorcycles, all terrain vehicles and snowmobiles, for sale or rent together with a recreational vehicle repair garage and gasoline bar, but shall not include any other use or activity otherwise defined or classified herein. "RELIGIOUS INSTITUTION" shall mean buildings used as dwellings by religious orders for their own members, such as a convent or monastery. "RENTAL AGENCY" shall mean a building or part of a building or structure in which articles are offered or kept for rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified herein. "RESEARCH FACILITY" shall mean a building or part of a building or an area of open space in which investigation or inquiry for the purpose of producing new information or products is carried on, and shall be conducted in accordance with the provisions of Sections 5.28 and 5.33 of this By-law. "RESIDENTIAL" shall mean the use of land, buildings, or structures for human habitation. bbRESORT" shall mean an establishment that operates throughout all or part of the year and that has facilities for serving meals and furnishing accommodation, equipment, supplies or services to persons in connection with recreational purposes. "RESTAURANT" shall mean a building or part of a building where food is prepared andlor cooked and offered for sale or sold to the public and where dining tables and table service are provided. "RESTAURANT, DRIVE-IN" shall mean premises consisting of a building or structure, together with a parking lot, where food is prepared andlor cooked and offered for sale or sold to the public for consumption either in a motor vehicle parked on the parking lot or for consumption on the premises and where dining tables may be provided but table service is not provided. "RESTAURANT, TAKE-OUT" shall mean a building or part of a building where food is prepared andlor cooked and offered for sale or sold to the public and where neither dining tables nor table service are provided. "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. "RETAIL STORE" shall mean a building or part of a building where goods, merchandise, substances, articles or things are offered for retail sale directly to the general public and includes storage on the store premises of such goods, merchandise, substances, articles or things sufficient only to service such store. "RETAIL STORE, CONVENIENCE" shall mean a retail store serving the daily or occasional needs of the residents in the immediate area. with a variety of goods such as groceries, meats, beverages, dairy products, patent medicines, sundries, tobacco, stationery, hardware, magazines and newspapers. "RIGHT OF WAY" shall mean a private road which affords access to abutting lots and does not include a lane, street, road or highway as defined herein. "ROOMING HOUSE" see Dwelling, Boarding or Lodging House "SALVAGE YARD" shall mean a fenced lot and/or land for the storage andlor handling of scrap material, which without limiting the generality of the foregoing, may include vehicles, tires, metal, used bicycles, waste paper andlor other scrap material and salvage. "SANITARY SEWER" shall mean a system of underground conduits, operated either by the Corporation or by the Ministry of the Environment, which carries sewage to a place of treatment, which meets with the approval of the Ministry of the Environment. "SAUNA" shall mean an enclosed structure, which does not exceed 10 sq. metres (107.6 sq. ft.) in area with an approved heating device to produce steam. "SAW AND/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 and storage of lumber and may or may not include the distribution of such products on a wholesale or retail basis. "SCHOOL" shall mean a public, separate, or high school under the jurisdiction of the Board of Education or the Roman Catholic Separate School Board, a private school, a continuation school, a technical school, a vocational school, a college, a university or other educational institution, but not a commercial school, conducted for the purposes of gain and includes dancing schools, golf schools, music schools and business schools. "SEASONAL RESIDENCE" see "DWELLING, SEASONAL". "SEASONAL FARM WORKER" shall mean one or more persons employed as a farm worker for a period of less than twelve months in any one calendar year. "SECONDARY FARM OCCUPATION" shall mean an operation conducted by individuals residing on a farm property that is clearly secondary and incidental to the principal use of farming on the subject property and is intended to provide active farmers with a secondary or supplementary means of income. The types of uses permitted as secondary farm occupations shall be limited to those involved in the manufacture or fabrication of goods (i.e. farm gates, hay bale elevators, animal feeders), uses considered to be trade occupations (i.e. electrician, plumber, carpenter, welder, mechanic), and those occupations which are primarily and directly related to agriculture and farming. "SELECTIVE CUTTING" shall mean the harvesting of mature timber without causing undue damage to adjacent standing growth. "SELF STORAGE BUILDING" shall mean a building (or part thereof) containing individual doorways each accessing a fully enclosed room that is used for storage of inactive and stable dry goods only. "SEMI-DETACHED DWELLING" see "DWELLING, SEMI-DETACHED" "SENIOR CITIZEN HOUSING" shall mean housing owned and operated to provide residential accommodation for senior citizens. "SENIOR CITIZEN LODGING" shall mean a building in which the proprietor supplies for hire or gain lodging with meals for senior citizens and in addition may provide medical, nursing or similar care or treatment if required. "SEPTIC DISPOSAL SYSTEM" shall mean a privy, a greywater system, a cesspool, a leaching bed system, a holding tank or any other privately-owned individual or communal system for the on-site holding and/or treatment of sanitary sewage. "SERVICE SHOP" shall mean a building or part of a building, whether connected with a retail shop or not, used for the repair or servicing of articles, machines, goods, or materials as distinguished from manufacturing of same. "SETBACK" shall mean the least horizontal dimension between the centreline of a street allowance, measured at right angles to such centreline, and the nearest part of any building, structure or excavation on the lot, or the nearest open storage use on the lot. "SHOPPING CENTRE" shall mean a group of commercial uses which has been designed and developed as a unit by a single owner or group of owners, as distinguished from a business area consisting of unrelated individual commercial uses. "SHORELINE" shall mean any lot line or portion thereof that abuts a waterbody. "SIDE LOT LINE" see "LOT LINE, SIDE". "SIDE YAIPD" see "YARD, SIDE" "SIGHT TRIANGLES" shall mean the triangular space formed on a corner lot by the street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 7.5 metres (24.61 ft.) measured along the street line from the point of inter- section of the street lines. Where the two 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 of the street lines. "SIGN" Shall mean a structure or advertising device having illustrations affixed thereto or displayed thereon in any manner, which is used to identify, advertise or attract attention to any object, product, place, activity, person, institution, organization, firm, group, profession, enterprise, industry or business or which displays or includes any letter, work, model number, banner, flag, pennant, insignia, device or representation used as an announcement, direction or advertisement. "SINGLE DETACHED DWELLING" see "DWELLING, SINGLE DETACHED". "SOLAR COLLECTOR" shall mean any structure subordinate to a principal structure designed specifically for the collection of solar energy for experimental or ornamental purposes or for the purposes of converting such energy for heating, lighting, water production or any other domestic or commercial use that may be obtained from such source. For the purposes of this by-law, a solar collector shall be considered an accessory structure. "STORMWATER MANAGEMENT" shall mean long and short term management of stormwater runoff quality and quantity which may require the construction and installation of permanent stormwater facilities. "STORMWATER MANAGEMENT FACILITIES" shall mean a designated area or structural device that would control the quantity or quality or velocity of stormwater runoff leaving a property to achieve specific objectives such as reduce flooding and erosion, remove pollutants and provide other amenities. "STOREY" shall mean the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it. "STREET" shall mean a public highway as defined under the Highway Traffic Act, as amended, from which access may be taken to an abutting lot and which is dedicated, assumed and maintained by a Township, a county, or the Province of Ontario. A street does not include an unopened road allowance, a lane or an unassumed road on a Registered Plan which has been deemed not to be a Registered Plan under the Planning Act. "STREET LINE" shall mean the limit of the street allowance and is the dividing line between a lot and a street. "STRUCTURE" shall mean anything constructed or erected, the use of which requires location on the ground, or which is attached to something having location on the ground. "TAKE-OUT RESTAURANT" see "RESTAURANT, TAKE-OUT". "TAVERN" shall mean "a tavern" as defined by the Liquor Licence Act, as amended from time to time. "TEA ROOM" shall mean a public room accommodating no more than 2b persons, where tea and light refreshments, but not complete meals, are served for immediate consumption within the building. A tea room does not include premises licensed under the Liquor Licence Board of Ontario or any other form of eating establishment as defined herein. "TENT" shall mean every kind of temporary shelter for sleeping that is not permanently affixed to the site and that is capable of being easily moved. "THROUGH LOT" see "LOT, THROUGH". "TOP SOIL" shall mean that horizon in a soil profile known as the "A" Horizon, containing organic material. "TOP OF BANK" (Slope) shall mean a point or line which is the beginning of a significant change in the land surface, then from which the land surface slopes downward. When two (2) or more slopes are located together, the slope that is highest and farthest away from the top of the slope shall be the slope considered for the top of bank. "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 tourist cabin anda housekeeping cottage as well as docks, eating establishments and convenience stores but does not include: i) camp operated by a charitable corporation approved under the Charitable Institutions Act; ii) a summer camp within the meanings of the regulations under The Health Promotion and Protection Act; or iii) a club owned by its members and operated without profit or gain; iv) a hotel or a motel. "TOURIST HOME" 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 traveling or vacationing public, whether rented regularly, seasonally or occasionally. "TOWNSHIP STREET OR ROAD" shall mean a street or road under the jurisdiction of the Corporation. "TRANSMISSION TOWER" shall mean a building or structure, typically higher than its diameter, which may comprise a skeleton framework, the purpose of which is to relay radio waves or microwaves. "TRAVEL TRAILER" 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 intended for temporary use for living, shelter and sleeping accommodation, with or without cooking facilities and which is licensed and not permanently fixed to the ground. "TRAVEL TRAILER PARK" shall mean a parcel of land maintained for the temporary parking of tents or travel trailers on individual sites, and shall be subject to the provisions of this By-law. "TRAVEL TRAILER SITE" shall mean an area of land within a travel trailer park that is or is intended to be occupied by one tent or one trailer or similar vehicle within the meaning of a trailer as defined above with adequate access to a driveway or public street. "TRUCK CAMPER" shall mean any unit so constructed that it may be attached upon a motor vehicle, usually a truck, as a separate unit placed on and fix& to the truck box, and capable of being utilized for the temporary living, sleeping or eating accommodation of persons. "USE" shall mean the purpose for which any land, building or structure is arranged, designed, or intended to be used, occupied or maintained. "USE, ACCESSORY" see "ACCESSORY USE". "VETERINARY 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 and in conjunction with which there may be facilities provided for the sheltering of animals during the treatment period. "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 terminal. 3;291 "WASTE DISPOSAL SITE" shall mean all facilities, equipment and operations for the complete management of waste approved by the Minister of Environment including the collection, handling, transportation, storage, processing and disposal thereof and may include one or more waste disposal sites. A waste disposal site may be further classified according to the type of waste and/or the treatment of the waste, for example see Waste Disposal Site - Composting, Waste Disposal Site - Landfill, Waste Disposal Site - Processing, Waste Disposal Site - Transfer. 3.292 "WASTE DISPOSAL SITE - COMPOSTING" means a Waste Disposal Site approved by the Ministry of Environment for the treatment of waste by aerobic decomposition of organic matter by bacterial action for the production of stabilized humus. 3.293 "WASTE DISPOSAL SITE - LANDFILL" means a Waste Disposal Site approved by the Ministry of Environment for the disposal of waste by deposit under controlled conditions, and includes the compaction of the waste into a cell and covering the waste with cover materials at regular intervals, but shall not include land filling of hazardous waste. 3.294 "WASTE DISPOSAL SITE - PROCESSING" means a Waste Disposal Site approved by the Ministry of Environment for the purpose of handling, dismantling, refurbishing or temporarily storing scrap or used materials for the purpose of resale, recycling or further disposal. Scrap or used materials shall include waste paper, rags, wood, bottles, metal, bicycles, vehicles and tires. 3.295 "WASTE DISPOSAL SITE - TRANSFER" means a Waste Disposal Site approved by the Ministry of Environment for the purpose of temporarily storing waste, not including hazardous waste, scrap or used materials for the purpose of resale, recycling or further disposal. Scrap or used materials shall include waste paper, rags, wood, bottles, metal, bicycles, vehicles and tires. 3.296 "WATER FRONTAGE" shall mean all property abutting a water body measured along the high water mark.- 3.297 "WATERBODY" shall mean any bay, lake, wetland, canal or natural watercourse but excludes a drainage or irrigation channel. 3.298 "WATERBODY, NARROW" shall mean an area where the minimum average distance from shoreline to shoreline is 150 metres (492.1 ft.) for a lake and 50 metres (1 64.0 ft.) for a river. 3.299 "WATERCOURSE" shall mean any surface stream or river and includes a natural channel for an intermittent stream and a municipal drain as defined by "The Drainage Act", as amended. 3.300 "WAYSIDE PIT" shall mean: i) a temporary sand or gravel pit opened and'used by a governmental authority or authorized contractor for the purpose of a particular public project such as road construction, or ii) a minor sand and gravel pit on a farm unit required only for the use of that farm unit. "WAYSIDE QUARRY" shall mean a temporary quarry opened and used by a governmental authority or authorized contractor for the purpose of a particular public project such as road construction. "WETLANDS" shall mean lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case, the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants. The four major types of Wetlands are swamps, marshes, bogs and fens. "WOODLOT" shall mean a wooded area in which the majority of trees are at least 10.2 centimetres (4.0 inches) in diameter and in which.there is a minimum of a fifty (50) percent closed canopy of tree foliage. "WORKSHOP" shall mean a building or structure where manufacturing is performed by trades people requiring manual or mechanical skills and may include a carpenter's shop, a woodworker's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, an upholsterer's shop, a welder's shop or similar uses. "YARD" shall mean the space appurtenant to a building or structure on the same lot which is open, uncovered, and unoccupied except for such accessory buildings, structures, or uses which are specifically permitted by this By-law. In determining yard measurements, the minimum horizontal distance from the respective lot lines shall be used. "YARD, FRONT" shall mean the yard extending across the full width of the lot between the front lot line of the lot and the nearest part of any buildings or structures on the lot. The "minimum" front yard shall mean the distance between the front lot line and the nearest wall of any principal or accessory building on the lot, according to the context in which the term is used. "YARD, REAR" shall mean the yard extending across the full width of the lot between the rear lot line of the lot and the nearest part of any principal building or structure on the lot. Where a rear yard is required for an accessory building in this By-law then this definition shall apply except that the words "accessory building" shall be substituted for "principal building". The "minimum" rear yard shall mean the minimum distance between the rear lot line and the nearest wall of any principal building or accessory building on the lot, according to the context in which the term is used. "YARD, SIDE" shall mean the yard extending from the front yard to the rear yard between the side lot line and the nearest part of any building or structure on the lot. "YARD, INTERIOR SIDE" shall mean the side yard extending from the front yard to the rear yard between the side lot line and the nearest part of any building or structure on any lot and excluding any exterior side yard. The "minimum" interior side yard shall mean the minimum distance between an interior side lot line and the nearest wall of any principal or accessory building on the lot, according to the context in which the term is used. "YARD, EXTERIOR SIDE" shall mean the side yard of a corner lot in which the side yard extends from the front yard to the rear yard between the side street line and the nearest part of any building or structure on the corner lot. The "minimum" exterior side yard shall mean the distance between the exterior side lot line and the nearest wall of any principal or accessory building on the lot, according to the context in which the term is used. 3.311 "ZONE" shall mean a designated area of land use shown on the schedules of this By-law. SECTION 4 - ADMINISTRATION 4.1 ZONING ADMINISTRATION This By-law shall be administered and enforced by such person or persons known as the By- law Enforcement Officer and any such other person as may be appointed for such purpose by the Council of the Corporation of the Townships of Tudor & Cashel from time.to time. 4.2 ISSUANCE OF BUILDING PERMITS No building permit or occupancy permit shall be issued where the proposed building, structure or excavation or where the proposed use or activity would be in violation of any of the provisions of this By-law. No such permit shall be deemed to authorize the violation of any provision of this By-law. 4.3 APPLICATIONS FOR BUILDING PERMITS In addition to the requirements of the Ontario Building Code, the Corporation's Building By-law or any other by-law of the Corporation, every application for a building permit submitted to the Chief Building Official (C.B.0). For approval shall be accompanied by plans (which depending upon the nature and location of the work to be undertaken may be required, by the Corporation, to be based upon an actual survey prepared by an Ontario Land Surveyor) drawn to an appropriate scale and showing the following: i) the true shape and dimensions of the lot to be used or upon which it is proposed to erect any building or structure; ii) the proposed location, height and dimensions of the building, structure or work in respect of which the permit is being applied for; iii) the location of every building or structure already erected or partly erected on such lot; iv) the proposed locations and dimensions of yards, landscaped open spaces, parking areas, and loading spaces required by this By-law; v) proposed grading or change in elevation or contour of the land and the proposed method for the disposal of storm and surface water from the land and from any building or structures thereon; vi) a statement signed by the owner or his or her agent duly authorized in writing, filed with the Chief Building Official, which statement shall set forth in detail the intended use of each building and structure or part thereof and giving all information necessary to determine whether or not every such building or structure conforms with the regulations of this By-law. 4.3.1 In addition to the above requirements, every application which involves the installation, enlargement or reconstruction of a well or a sewage disposal system shall be accompanied by: i> in the case of a well, a well driller's report demonstrating a minimum water pumping capacity of 3 % gpm or alternative method satisfactory to the Chief Building Official; ii) in the case of a well, a bacteriological analysis demonstrating a potable water supply; and iii) in the case of a well andlor sewage disposal system, a sketch showing the location of the welllseptic system to the well and septic system on adjacent properties along with approval in writing from the appropriate responsible authority for the proposed well or method of sewage disposal. 4.3.2 In addition to the above, where lands lie within established fill or flood lines, any building permit application in respect of such land shall be accompanied by the written approval and technical recommendations of the Conservation Authority having jurisdiction. 4.4 INSPECTION OF LAND OR BUILDINGS Where the Chief Building Official has reason to believe that any person has used land or used a building or structure contrary to this By-law, helshe, or an employee of the Township authorized by himlher, may at any reasonable hour, enter and inspect the land, building or structure. 4.5 CERTIFICATE OF OCCUPANCY Upon request by an owner or authorized agent, a Certificate of Occupancy may be issued by the Building Inspector to the effect that a proposed use or activity on the specified property complies with this By-law. No dwelling house shall be used for human habitation until the requirements of the Building Code Act, as amended, and the Regulations passed thereunder have been complied with and, in any event, not before the main side walls and roof have been erected, the roofing completed and kitchen heating and sanitary conveniences have been installed and the structure rendered usable, safe and fit for human habitation. 4.6 BUILDINGS 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 issued by the Chief Building Official. 4.7 VIOLATIONS AND PENALTIES Any person who contravenes any provisions of the By-law is guilty of an offence, and for the purposes of this By-law, each day that a breach of this By-law continues shall constitute a separate offence and on summary, the offender shall be liable to be fined under the provisions of the Provincial Offences Act. The conviction of an offender upon the breach of any of the provisions of this By-law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any such provision and any court of competent jurisdiction may convict any offender repeatedly for repeated breaches of the By-law. 4.8 CONTRAVENTION RESTRAINED BY ACTION In the case where 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, as amended. 4.9 VALIDITY, EFFECTIVE DATE AND EXISTING BY-LAWS 4.9.1 Validity If any section, clause or provision of this By-law, including anything contained on the schedules attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-law as a whole or any part thereof other than the section, clause, or provision so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this By-law shall remain in full force and take effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid. 4.9.2 Effective Date This By-law shall come into force and take effect upon being passed by the Council of the Township of Tudor and Cashel. 4.9.3 Existing Bv-laws All by-laws in force within the Corporation regulating the use of lands and the character, location, bulk, height and use of buildings and structures are amended insofar only as it is necessary to give effect to the provisions of this By-law and the provisions of this By-law shall govern unless otherwise specified. 4.9.4 Repeal of Existing Zoning Bv-law By-law No. 12-91 as amended of the Corporation of the Township of Tudor and Cashel is hereby repealed in its entirety. SECTION 5 - GENERAL PROVISIONS 5.1 ABANDONED EOUIPMENT Unused andlor discarded motor vehicles, farm implements and similar abandoned equipment shall not be located-or stored in any zone in a location where they will be visible from a street or road or from adjacent lots. 5.2 ACCESS BY PUBLIC STREET, NAVIGABLE WATERWAY OR PRIVATE ROAD 5.2.1 Public Street Except as permitted in a Limited Service Residential (LSR) and a Waterfront Residential (WR) zone, 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 municipal road or provincial highway. For the purposes of this By-law a street does not include an unopened road allowance, a lane, or an unassumed road on a Registered Plan which has been deemed not to be a Registered Plan under the Planning Act. 5.2.2 Unassumed Road Notwithstanding the provisions of 5.2.1 hereof to the contrary, the provisions of this By-law shall not apply to prevent the erection of a permitted building or structure on a lot in a Registered Plan of Subdivision where a properly executed subdivision agreement has been entered into with the Corporation where under the street or streets will not be assumed by the Township until such time as specified in the said agreement. 5.2.3 Private Road Notwithstanding the provisions of 5.2.1 here of to the contrary, where the sole access to a Limited Service Residential (LSR) or Waterfront Residential (WR) is by private road, no person shall erect any building or structure unless the lot has the required frontage as stated in this by-law on an existing 20 metre (65.62 ft.) right-of-way which is used as of the date of this by-law either seasonally or yearly and notice has been provided to all prospective purchasers in purchase agreements or on title that maintenance of the access will be the owner's responsibility and that such access will not be maintained or assumed by the Township. 5.2.4 Navigable Waterway Notwithstanding the provisions of 5.2.1 hereof to the contrary, where the secondary access to a Limited Service Residential (LSR) or Waterfront Residential (WR) is by a navigable waterway, no person shall erect any building or structure on a lot unless the lot has the required water frontage upon the navigable waterway as stated in the provisions of this by-law. 5.3 ACCESSORY BUILDINGS, STRUCTURES AND 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. 5.3.1 Location Except as otherwise provided herein any accessory building or structure which is not part of the main building shall be erected to the rear of the front yard and shall comply with the yard and setback requirements of the zone in which such building or structure is situated. 5.3.2 Lot Coverage and Height The total lot coverage of all accessory buildings and structures, except swimming pools, shall not exceed 5 percent of the lot area, nor shall the height of any accessory building or structure, not including livestock facilities, exceed 5 metres (16.4 ft.). 5.3.3 Garage or Other Accessory Buildings or Structures Notwithstanding any other provisions of this By-Law to the contrary, a detached private garage or other accessory building may be erected and used in an interior side or rear yard provided that: 5.3.3.1 Interior Side Yard When such accessory building is located in an interior side yard it shall not be closer than 1 metre (3.28 ft.) 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. 5.3.3.2 Rear Yard When such accessory building is located in a rear yard it shall not be closer than 1 metre (3.28 ft.) 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. 5.3.3.3 Rear Yard with Lane Access Where such accessory. building is located in a rear yard with lane access, it shall not be closer than 2.5 metres (8.2 ft.) to the rear lot line. 5.3.3.4 Relation to Street All accessory buildings shall comply with the setback provisions applicable to the principal or main building on the lot. 5.3.4 Gate House in Industrial Zone Notwithstanding the yard and setback provisions of this By-law to the contrary, in an 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, 5.3.5 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 1 metre (3.28 ft.). 5.3.6 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 1.5 metres (4.92 ft.) but not closer than 1 metre (3.28 ft.) to any lot line, provided that in the case of porches, steps or patios, eaves or drop awnings such uses are not more than 2 metres (6.56 ft.) above grade. 5.3.7 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 handrails and the structural members necessary to their support, may project into any required setback a maximum of 2.0 metres (6.56 ft.). 5.3.8 Swimming Pools Notwithstanding any other provisions of this By-law a swimming pool is permitted as an accessory use in any residential, rural, commercial or community facility zone provided that: i) no part of such pool shall be located closer to any lot line or street line than the minimum distance required for an accessory building located on such lot, except in the case of an above ground pool, the maximum height of such pool shall be 2.5 m (8.2 ft.) above the established grade. ii) Any building or structure required for changing clothes or for pumping or filtering facilities, or other similar accessory use shall meet all of the accessory building requirements of the zone in which the pool is located. iii) Every swimming pool shall be enclosed by a fence of at least 1.52 m (5.0 ft) in height that is located at a distance of not more than 4.5 m (14.8 ft.) from the pool or by the walls of a dwelling in conjunction with a fence located as described above. 5.3.9 Private Cabin Notwithstanding any other provisions of this By-law to the contrary, one Private Cabin may be erected and used on the same lot as a Seasonal Residential Dwelling, provided such Private Cabin does not exceed 23 square metres in total floor area and complies with the yard and setback requirements of the Limited Service Residential zone. No private cabin shall be permitted where an occasional use cabin is in place and vice versa. 5.3.10 Boat House, Pump House or Dock Notwithstanding any other provisions of this By-law to the contrary, where ownership of a lot extends to the high water mark, a boathouse, pump house or a dock may be erected and used in the yard abutting the high water mark provided such accessory buildings or structures are located no closer than 1 metre (3.28 ft.) to the side lot line. Where the ownership extends to a 66 foot original road allowance, prior to the issuance of a building permit for the erection of a boathouse, pumphouse or dock, the owner shall furnish the Building Inspector with a copy of a lease signed by the Township covering the occupation of that portion of road allowance affected by the accessory building or structure. No communal dock will be located within 60 metres (196.85 ft.) of a residential dwelling. 5.4 AGRICULTURE - MINIMUM DISTANCE SEPARATION i) Notwithstanding any other yard or setback provisions of this By-law to the contrary, no development shall be located on a separate lot and permitted by a specific zone, unless it complies with the Minimum Distance Separation (MDS I) calculated using Appendix 1 to this By-law. ii) Notwithstanding any other yard or setback provisions of this By-law to the contrary, no livestock facility shall be erected or expanded within a RU zone unless it complies with the Minimum Distance Separation (MDS 11) calculated using Appendix 2 to this By-law. iii) Notwithstanding any other yard or setback provisions of this by-law to the contrary, development of an existing lot of record less than 2 hectares shall not be subject to MDS I requirements. iv) Notwithstanding any other yard or setback provisions of this by-law to the contrary, where a dwelling is destroyed in whole, or in part, by a catastrophe, MDS I will not be applied when the dwelling is rebuilt, provided it is built no closer to the livestock facility than before the catastrophe. v) Notwithstanding any other yard or setback provisions of this by-law to the contrary, where a livestock facility is destroyed in whole, or in part by a catastrophe, MDS I1 will not be applied when the livestock facility is rebuilt, providing it is built no closer to surrounding land uses and lot lines than before the catastrophe and the values of Factor A, B and/or D have not been increased for the livestock facility. 5.5 APPLICATION This By-law shall apply to all lands within the Township, and shall take effect on the day it is enacted. 5.6 AREAS OF INFLUENCE i) No person shall erect any residential structure in any zone within 500 metres (1,640.4 ft.) of lands zoned MX - Mineral Extractive. ii) No person shall erect a residential structure in any zone within 500 m (1,640.4 ft.) of lands zoned WD - Waste Disposal. 5.7 CELLAR No dwelling unit shall in its entirety be located in a cellar. If any portion of a dwelling unit is located in a cellar, such portion of the dwelling unit shall be used as a furnace room, laundry room, storage room, recreation room or for a similar use only. 5.8 DWELLING OR DWELLING UNIT AS AN ACCESSORY USE IN A NON- RESIDENTIAL ZONE No person shall use any lot or erect, alter or use any building or structure for the purpose of a dwelling or dwelling unit where the zoning is NON residential except in accordance with the following regulations: iii) iv) v) vi) vii) viii) ix) A single detached dwelling may be permitted with a private water supply and sewage disposal system having the approval of the appropriate authorities. A dwelling as a separate structure shall have a minimum gross floor area of 89 square metres (958.0 sq. ft.) and where there is more than one floor, a minimum ground floor area of 44.5 square metres (479.0 sq. ft.). A dwelling unit as an apartment within a non- residential building shall have a minimum gross floor area of 55 square metres (592.0 sq. ft.). A dwelling unit shall have separate bathroom and kitchen facilities from those of the non- residential use. Each dwelling unit shall have separate parking spaces as required by the parking requirements hereto. The dwelling unit shall have a separate building entrance to that provided for the non- residential use. Separate storage facilities containing a minimum of 2.8 sq. m (30 sq. ft.) shall be provided for each dwelling unit. In a commercial zone, one dwelling unit shall be permitted in a non-residential building provided it is located on the second storey of such building, or at the rear of such building if on the main floor. Notwithstanding the provisions of clause 5.27 (ii) of this subsection, the gross floor area of the residential portion of a non-residential building in a Commercial zone shall not exceed one hundred (100) percent of the non-residential floor area. A single detached dwelling as a separate structure shall be permitted if occupied by the owner, caretaker, watchman or similar person, provided that such person is employed on the lot on which such dwelling house is located. A dwelling unit shall be permitted in a portion of a non-residential building, except in the case of an automobile service station, automobile sales agency or automobile body shop where such dwelling unit shall not be permitted. 5.9 ENVIRONMENTAL PROTECTION (EP) AND ENVIRONMENTAL PROTECTION WETLAND (EPW) ZONES 5.9.1. Lands Zoned Environmental Protection i) Waterbodies and permanent watercourses have been zoned Environmental Protection (EP). ii) Lands that may pose a threat to life and property because of inherent physiographic characteristics such as floodplains, erosion hazards, poor drainage, organic soil, steep slopes or other similar physical limitations have been zoned Environmental Protection (El'). iii) Notwithstanding any other provisions of this By-law to the contrary, all lands within the Environmental Protection Zone may continue to be used for those uses existing as of the date of passage of this by-law. iv) Prior to issuing a building permit for any building or structure adjacent to an Environmental Protection Zone, the Township should be satisfied that no physical hazard exists which would cause harm to life or property. The Township may require technical reports to be submitted in support of any development (i.e. drainage reports, slope stability reports, environmental reports) and may require the written approval of the Conservation Authority. v) Lands zoned as Environmental Protection may be used in calculating minimum lot area and minimum lot frontage requirements. 5.9.2 Lands Zoned Environmental Protection Wetland (EPW) i) Provincially Significant Wetlands within the Township have been zoned Environmental Protection Wetland (EPW). ii) Notwithstanding any other provisions of this By-law to the contrary, all lands within the Environmental Protection Wetland Zone may continue to be used for those uses existing as of the date of passage of this by-law. iii) New buildings, structures or uses, or additions, alterations or replacement of existing buildings or structures in an EWP zone, notwithstanding Section 5.12 hereof to the contrary, shall only be permitted where an Environmental Impact Statement (EIS), prepared in accordance with Section 3.2.8 of the Official Plan, assesses to the satisfaction of the Township, the Ministry of Natural Resources, the Conservation Authority and the Health Unit that the proposed development will have no impact on the Wetland. iv) Lands zoned as Environmental Protection Wetland may be used in calculating minimum lot area and minimum lot frontage requirements. 5.10 ENVIRONMENTALLY SENSITIVE LANDS i) Environmentally Sensitive Lands are those lands identified as natural heritage areas and systems having significant biological, geological, zoological or other unique natural features such as wildlife habitat, areas of natural and scientific interest, habitat of threatened or endangered species, woodlands and valley lands. ii) Environmentally Sensitive Lands are shown by an overlay on the attached schedules. iii) Development of these lands shall be in accordance with the underlying land use designation. iv) Development within a deer concentration area (deer yard) shall not be permitted within 100 metres (328 ft.) of a public road. Development within these areas beyond 100 metres of a public road may be permitted where the landowner has entered into an agreement with the Township in consultation with the Ministry of Natural Resources. 5.11 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 lot line, as the case may be, than required by this By-law provided that such permitted building or structure is not erected closer to the street line, centreline or high water mark, as the case may be, than the established building line on the date of passing of this By-law. 5.12 EXISTING UNDERSIZED LOTS Where a lot having a lesser lot area and/or lot frontage than that required herein is held under distinct and separate ownership from abutting lots, as shown by a registered conveyance in the records of the Registry or Land Titles Office on 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 used on such smaller lot, provided that the parcel has a minimum frontage of fifty percent (50%) or more of the minimum frontage required by the zone in which the parcel is situated, provided that an adequate supply of potable water is provided to service the proposed use, provided such erection, alteration or use does not contravene any other provisions of this by-law and provided that all relevant requirements of the appropriate authority are complied with. 5.13 EXTERNAL DESIGN The following building materials shall not be used for more than 5 percent of the exterior vertical facing of any wall of any residential building within the Township: i) building paper; ii) asphalt roll-type siding; iii) insulbrick. 5.14 FENCES ,No fence exceeding a maximum height of 1.8 metres (5.9 ft.) shall be erected in an urban area. Notwithstanding the above, a fence in excess of 1.8 metres (5.9 ft.) in height may be erected for a public use or where provincial/federal regulations require a fence to be erected in excess of 1.8 metres (5.9 ft.). 5.15 GARDEN SUITES (former Granny Flats) Notwithstanding the provisions of Section 5.3.3 of the By-law to the contrary, where a garden suites is permitted, it shall be subject to the following requirements; i) the gross floor area of living space in such dwelling shall consist of a minimum of 49 square metres (527.4 sq. ft.) and a maximum of 65 square metres (699.7 sq. ft.); ii) the dwelling unit shall be self contained and -shall have a private entrance and separate culinary, sanitary, dining and sleeping area; iii) the sanitary sewage disposal, water supply and electrical services for the dwelling unit shall be derived from and connected to the services of the single detached dwelling upon which lot the garden suite is situated, subject to the approval of the authorities responsible for the various services; iv) all of the provisions of the respective zones in which the garden suite is situated shall be complied with in addition to the following special criteria: a) Rear Yard (Minimum) 4.5 metres (14.8 ft.) b) Building Height (Maximum) 4.5 metres (14.8 ft.) c> Separation Distance from the 4.5 metres (14.8 ft.) Principal Dwelling (Maximum) v) the owner/occupant of the detached dwelling and occupant of the garden suite upon which lot the garden suite is situated shall enter into an agreement with the Township pursuant to the Municipal Act stating that the owner of the detached dwelling and the occupant of the garden suite are related by blood or marriage, the age of the occupant of the garden suite, that no other individual(s) will occupy the garden suite and that the garden suite will be removed when it is no longer needed; vi) access from a public road to a garden suite shall be obtained by the driveway serving the principal dwelling on the lot; vii) a garden suite shall be located behind the principal dwelling house on the property; viii) the placement of a garden suite on a lot shall be subject to site plan control pursuant to the Planning Act to ensure all servicing, buffering, parking and other issues are addressed; ix) a temporary use zoning by-law is passed by Council in accordance with the provisions of the Planning Act. The by-law shall be in place for a period not exceeding ten (10) years. 5.16 GROUP HOME Notwithstanding any other provision of this By-law to the contrary, where a group home is a permitted use within a zone as set forth under this By-law, no group home shall be located without a site specific amendment to this By-law. Group homes for the aged, the mentally and physically disabled, children, socially disadvantaged persons and recovering psychiatric patients shall be permitted where a group home is a permitted use, however, the establishment of any other type of group home shall be by amendment to this By-law. 5.17 HEALTH APPROVAL No building permit shall be issued for any building or structure which requires a septic tank unless the building permit application is accompanied by approval in writing from the appropriate responsible authority for the proposed method of sewage disposal. 5.18 HOLDING ZONES Where any zone symbol as shown on the attached schedules is followed by the symbol "h", this signifies that no person shall use any land, erect, alter, enlarge, use or maintain any building or structure until such time as the holding symbol has been removed by the Township in accordance with-the provisions of the Planning Act. Upon removal of the holding symbol the permitted use of the subject property and the erection of any buildings or structures thereon shall be undertaken in accordance with the provisions of the underlying zoning category. Where the zone is followed by the symbol "h" in the areas defined as being within the regulated deer yards, the holding symbol will be removed only in accordance with the Township and of the Ministry of Natural Resources regulations on Deer Yards. 5.18.1 Zone Regulations Uses existing prior to the passing of this By-law and accessory uses thereto may be enlarged, reconstructed, renovated or replaced in accordance with the relevant zone regulations where such use is normally permitted. 5.18.2 General Provisions All special provisions of this Section 5 "General Provisions" shall apply, where applicable to any land, lot, building, structure or use within zones subject to the aforementioned "Holding" criteria. 5.19 HOME INDUSTRY Home industries are categorized as Type 'A' and Type 'By home industries. Home industries Type 'A' and Type 'B' are permitted in the zones as indicated in this By-law in accordance with the following: i > there is no open storage of goods or materials; ii) there is no display, other than a sign of a maximum size of .55 square metres (6.0 sq. ft.) to indicate to persons outside, that any part of the dwelling or accessory building is being used for a purpose other than residential. Furthermore, such a sign shall be set back a minimum of 3 metres (9.8.ft.) from any lot line; iii) the home industry is clearly secondary to the main residential use and does not change the residential character of the dwelling nor create or become a public nuisance; in particular in regard to noise, noxious odours, emission of smoke, traffic or parking; iv) where an interior side yard and/or rear yard abuts a residential zone, then such interior side yard and/or rear yard shall be a minimum of 15 metres (49.2 ft.). This 15 metre (49.2 ft.) area shall be maintained in an open space condition and the open storage of goods or materials shall not be permitted within this 15 metre (49.2 fi.) area; v) the home industry does not interfere with television or radio reception; vi) there are no goods, wares or merchandise, publicly offered or exposed for sale on the premises outside of any buildings; and vii) on site parking is provided in accordance with Section 5.29. 5.19.1 Additional Provisions for Type 'A' Home Industries Type 'A' Home Industries shall include craft shops, woodworking, repair and service shops and similar type uses and associated retail sales in accordance with the following: i) any accessory structure used for a Type 'A' home industry shall not exceed 39 sq. metres (4 19.8 sq. ft.); ii) not more than one (1) person not residing in the residence on the lot shall be permitted (i.e. one employee who is not a resident). 5.19.2 Additional Provisions for Type 'B' Home Industries Type 'By Home Industries shall include craft shops, woodworking, light manufacturing, repair and service shops and other similar type uses and associated retail sales in accordance with the following: i) any accessory structure used for a Type 'By home industry shall not exceed 50 sq, metres (538.2 sq. ft.); ii) not more than two (2) persons not residing in the residence on the lot shall be permitted (i.e. two employees who are not residents); iii) the minimum lot size for a Type 'By home occupation shall be 2 hectares (4.94 ac.). iv) one commercial vehicle associated with the home industry is permitted. 5.20 HOME OCCUPATIONS Home occupations are categorized as Type 'A' and Type 'By home occupations. Home occupations Type 'A' and Type 'By are permitted in the zones as indicated in this By-law in accordance with the following: i) there is no display, other than a sign of a maximum size of .55 square metres (6.0 sq. ft.) to indicate to persons outside that any part of the dwelling is being used for a purpose other than residential. Furthermore, such a sign shall be setback a minimum of 3 metres (9.8 ft.) from any lot line; ii) such home occupation is clearly secondary to the main residential use and does not change the residential character of the dwelling nor create or become a public nuisance; in particular, in regard to noise, obnoxious odours, emission of smoke, traffic or parking; iii) such home occupation does not interfere with television or radio reception; iv) not more than 25 percent of the gross floor area of the dwelling is used for the purposes of home occupation uses except in the case of a bed and breakfast establishment in which situation the provisions of subsection 5.20.3 shall apply. 5.20.1 Additional Provisions for Type 'A' Home Occupations Type 'A' home occupations shall be conducted entirely within the principal residence and shall be limited to administrative office type uses only and may employ one (1) employee other than those residing in the dwelling. 5.20.2 Additional Provisions for Type 'B' Home Occupations Type 'By home occupations shall be conducted entirely within the principal residence and shall be limited to personal service and medical occupations such as hairdressers, day care (private home) limited to 5 children or less, doctors and dentists offices and may employ one (1) person in addition to persons residing in the residence. 5.20.3 Additional Provisions for Bed and Breakfast as a Home Occupation Where a bed and breakfast establishment is established as a home occupation, up to 4 guest rooms shall be maintained for the accommodation of the public. 5.21 INTERIOR SIDE YARD - MARINE FACILITIES AND COMMUNAL DOCKS 5.21.1 Marine facilities shall not be permitted to locate closer than 1.5 metres (4.9 ft.) to any interior side lot line. 5.21.2 Communal docks shall not be permitted to locate closer than 60 metres (196.6 ft.) to any interior side lot line adjacent to a residential zone. 5.22 INTERPRETATION 5.22.1 Nothing in this By-law shall be construed to exempt any person from complying with the requirement of any by-law of the Township or the Corporation of the County of Hastings or from any law of the Province of Ontario or Canada, or any regulations under the provisions of the Conservation Authorities Act of a Conservation Authority having jurisdiction or from any other law in force from time to time. 5.22.2 In this By-law, the word "shall" is mandatory. 5.23 LANDS ADJACENT TO WATERBODIES, WATERCOURSES, EMBANKMENTS, FLOODPLAINS AND ENVIRONMENTALLY SENSITIVE LANDS Notwithstanding anything in this By-law, no permit shall be issued for any building to be constructed within those areas outlined in subsections 5.9.1 and 5.9.2 herein without the prior written approval of the Conservation Authority, the Ministry of Natural Resources andlor the Canadian Parks Service having jurisdiction. 5.23.1 No building or structure shall be located within the flood plain of a watercourse, notwithstanding that such watercourse is not shown on any schedule forming part of this By-law. 5.23.2 Notwithstanding anything in this By-law, no building, structure, or septic tank installation including the weeping tile field ('no development') shall be located: i) within 30 metres (98.4 ft.) of the highwater mark of a waterbody or permanent watercourse, notwithstanding that such body of water or watercourse is not shown on any schedule forming part of this By-law; or ii) within 15 metres (49.2 ft.) of the top of bank; or iii) within 30 metres (98.4 ft.) of an Environmental Protection Wetland Zone. 5.23.3 The provisions of subsections 5.2.1 and 5.2.2 shall not apply to buildings, structures-and services requiring direct access to the water as an operational necessity such as a boathouse, marina, marine facility, or other similar structure. 5.23.4 Development that is proposed on lands adjacent to Environmentally Sensitive Lands shall be permitted provided that a satisfactorily completed Environmental Impact Statement (EIS) prepared in accordance with Section 3.2.8 of the Official Plan is submitted and approved by the Township in consultation with the Ministry of Natural Resources, the Conservation Authority and the Health Unit. The development must follow all the recommendations of the Environmental Impact Statement (EIS). The following measures of adjacency shall be used: Fish Habitat 30 metres (98.4 ft.) Significant Woodlands 50 metres (1 64.0 ft.) Significant Valleylands 50 metres (I 64.0 ft.) Significant Wildlife Habitat including habitat of endangeredlthreatened species 50 metres (164.0 ft.) Areas of Natural and Scientific Interest 50 metres (1 64.0 ft.) 5.23.5 Development that is proposed on lands adjacent to Provincially Significant Wetlands (and beyond the minimum 30 metre (98.4 ft.) 'no development' area outlined in Section 5.23.2 iii) but within 120 metres (393.7 ft.) of the wetland) shall be permitted, provided that a satisfactorily completed Environmental Impact Statement, prepared in accordance with Section 3.2.8 of the Official Plan, is submitted and approved by the Township in consultation with the Ministry of Natural Resources, the Conservation Authority and the Health Unit. 5.23.6 Development proposals within 300 metres (985.25 ft.) of cold water lakes should be accompanied by a cold water Lake Capacity Study prepared in accordance with Section 3.2.9 of the Official Plan and should be reviewed by the appropriate authority prior to approval. 5.23.6 In accordance with the Provincial Policy Statement, new 'buildings, structures or uses or additions, alterations or replacement of existing buildings or structures associated with established agricultural activities shall not be permitted without the need for an Environmental Impact Study on lands adjacent to a Provincially Significant Wetland. 5.24 'LANDS SEVERED BY PUBLIC UTILITY LINES Where lands are acquired for the purpose of a public utility line and such acquisition deprives a parcel of land of street frontage, the part of such parcel so deprived of street frontage shall be deemed for the purpose of this By-law to have frontage on such street providing the land has a permanent right of access to such street. 5.25 LOADING SPACE REQUIREMENTS i) No person shall erect or use any building or structure in any zone for any commercial or industrial purpose involving the movement of goods unless loading spaces are provided and maintained in accordance with the following provisions: a) 280 sq. k (3,014 sq. ft.) - 930 sq. M (10,010.8 sq. ft.) - 1 loading space b) exceeding 930 sq. m (10,010.8 sq. ft.) - 2 loading spaces plus a minimum of 1 additional loading space for each 1400 sq. m (15,070.0 sq. ft.) or fraction thereof in excess of 930 sq. m (10,010.8 sq. ft.) . ii) Each loading space shall be at least 9.0 metres (29.5 ft.) long, 3.5 metres (1 1.5 ft.) wide and have a vertical clearance of at least 4.0 metres ( I 3.1 ft.). iii) The required loading spaces shall be provided on the lot occupied by the building or structure for which the said loading spaces are required and shall not form a part of any street or lane or parking aisle. iv) For any commercial or industrial use, no loading space or part thereof shall be located and no land shall be used for loading purposes within 1.5 metres (4.9 ft.) of any lot line, or within 3 metres (9.8 ft.) of any street line or boundary of any residential zone or urban residential zone, or within 3 metres (9.8 ft.) of the lot line of a residential use. v) Access to loading spaces shall be by means of a driveway at least 6 metres (19.7 ft.) wide contained within the lot on which the spaces are located and leading to a street or lane located within or adjoining the zone in which the use is located. vi) The driveways and loading spaces shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. vii) The loading requirements referred to herein shall not apply to any building in existence at the date of enactment of this By-law so long as the gross floor area as it existed at the date is not increased. If an addition is made, then additional loading spaces shall be provided up to the number required for such addition. 5.26 MULTIPLE USES ON ONE LOT Notwithstanding anything contained in this By-law, where any land or building is used for more than one purpose, all provisions of this By-law relating to each use shall be complied with, provided that no dwelling shall be located closer than three (3) metres (9.8 ft.) to any other building on the lot except a building accessory to such dwelling. A dwelling or dwelling unit as an accessory use will be allowed where permitted by this By-law in accordance with Section 5.8. 5.27 NON-CONFORMING USES 5.27.1 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 purpose on the day of passing of this By-law, so long as it continues to be used for that purpose. 5.27.2 Building Permit Issued The provisions of this By-law shall not apply to prevent the erection or use for a purpose prohibited by this By-law of any building or structure, the plans for which have prior to the passing of this By-law been approved and a permit issued by the Township's Chief Building Official so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided that the erection of such a building or structure is commenced within one year after the day of the passing of this By-law and the building or structure is completed within a reasonable time after the erection thereof is commenced. 5.27.3 Restoration to a Safe Condition The provisions of this By-law shall not apply to prevent the strengthening to a safe condition of any non-conforming building or structure or part thereof provided such strengthening generally does not increase the height, size or volume, of such building or structure. 5.27.4 Rebuilding or Repair or Strengthen to Safe Condition Permitted on Lands Zoned as Environmental Protection and Environmental Protection Wetland Nothing in this By-law shall prevent the rebuilding or repair of any legal non-conforming building or structure that is damaged or destroyed by natural causes, or the strengthening to a safe condition of any building or structure which does not conform to the provisions of this By-law, subsequent to the passage of this by-law, provided that the dimensions of the original building or structure are not increased and the use of the building or structure not altered. A sketch showing existing dimensions, and setbacks is given to the C.B.O. before a permit for such work is issued. 5.27.5. Building on Existing Lots Where a building has been lawfully erected prior to the date of the passing of this By-law on a lot having less than the minimum frontage and/or area, or having less than the minimum front yard, side yard, rear yard or usable open space required by this By-law, the said building may be enlarged, reconstructed, repaired or renovated provided said enlargement, reconstruction, repair or renovation does not serve to further reduce a required yard or required usable open space and provided all other provisions of this By-law are complied with. 5.27.6 Replacement of Building or Structure A building or structure, including a legal non-conforming and/or legal non-complying building or structure, may be replaced with a new building or structure in the case of partial or complete destruction caused by fire, lightning, explosion, tempest, flood or act of God, or demolition by order of the Township, the local Health Unit, or other authority for safety, health or sanitation requirements, providing such building or structure is serviced by potable water and sewage disposal system approved by the appropriate responsible authority. The provisions of Section 5.11 shall apply in the case of the reconstruction of a legal non-complying building or structure. 5.28 OBNOXIOUS USES Notwithstanding anything contained herein, no land shall be used and no building or structure shall be erected, altered or used for any purpose which is obnoxious, and without limiting the generality of this subsection, for any purpose that creates or is likely to become a nuisance or offensive, or both; i) by the creation of noise or vibration in excess. of the limits of the Environmental Protection Act; ii) by reason of the emission of gas, fumes, smoke, dust or objectionable odour in excess of the limits of the Environmental Protection Act, except in the case of agricultural uses operating in compliance with reasonable agricultural practices; iii) by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, motor vehicles, trailers, or parts of vehicles or trailers, machinery or other such material; or iv) by any combination of those things described in Clauses 5.28.1(i), 5.28.l(ii) and 5.28.l(iii) of this subsection. 5.29 OFF SREET PARKING PROVISION For every building or structure to be erected for, altered for, or its use converted to any of the uses specified in the following table, off-street parking facilities shall be provided and maintained either on the same lot on which the principal use is located or, where this is not possible, on a lot within 60 metres (196.9 ft.) of the lot on which the principal use is located and in accordance with the following table and other provisions contained in this subsection unless otherwise specifically provided. 5.29.1 Minimum Parking Space Requirements a) Residential - 6) Marina - Two (2) spaces for every dwelling unit. One (1) space for every 2 docking berths. Senior Citizen Multiple Dwelling (i) Up to 30 dwelling units, parking spaces shall equal 50 percent of the number of dwelling units. (ii) Between 30 and 60 units, parking spaces shall equal 40 percent of the number of dwelling units. Private or Public Hospital or Nursing Home One (1) space for every two (2) beds. Private or Commercial Club, One (1) space for every three (3) persons to be accommodated in the design capacity of the Establishment - building. Funeral Home - One (1) space for every 3 chapel seating spaces or fraction thereof with a minimum of 10 spaces. Church or Place of Worship, Community Hall, Arena- One (1) space for every three (3) persons to be accommodated according to maximum permitted capacity. Schools - One (1) space per classroom, and one space for each 10 people of maximum design capacity of the assenibly hall or auditorium. Government or Public Utility Building - One (I) space for every twenty-three (23) square metres (247.6 sq. ft.) of gross floor area. Business or Professional Office - One (1) space for every twenty-three (23) square metres (247.6 sq. ft.) of gross floor area or where such use conflicts with the office of a doctor or dentist, there shall be a minimum of three (3) parking spaces provided on the same lot. One (1) space for every guest room and one (1) space for every eight (8) square metres (86.1 sq. ft) of gross floor area devoted to public use. Boarding or Rooming House, Bed and Breakfast or - One (I) space for each bedroom. Tourist Home Place of Assembly such as Halls, Fraternal Organizations, Labour Union Halls, Dance Halls, Community Centres, Theatres - One (1) space for every (3) persons of maximum design capacity. n) Bowling Lanes and Billiard One (1) space for every two (2) of design capacity. Design capacity shall mean six (6) persons per bowling lane and two (2) persons per billiard table. o) Drive-In Restaurant or Take-Out Restaurant - p) Restaurant, Tavern, Banquet Hall, Lounge or Meeting Areas, excluding a Drive-In or Take-Out Restaurant - q) Retail, Wholesale Sales, Merchandise Service Shop, or Studio - r > Retail Lumber and Building Supply Outlet - S) Automotive Sales Establishment, (New and Used) - t > Industrial Establishment u) Warehouse or Bulk Storage Yard - v) Post Offices, Museums, Art Galleries and Libraries - One (1) space for very tyo (2) square metres (2 1.5 sq. ft.) of gross floor area. One (1) space for every four and one half (4.5) square metres (48.4 sq. ft.) of public floor area or one (1) space for every four (4) persons of design capacity, whichever is the greater with a minimum of 10 spaces. One (1) space for every twenty-eight (28) square metres (391.4 sq. ft.) of gross floor area. One (1) space for every 28 square metres (391.4 sq. ft.) of retail floor space with a minimum of 6 spaces. A minimum of ten (1 0) spaces plus (1) space for every employee working on the premises during the peak business period. One (1) space for every 37 square metres (398.3 sq.ft.) of gross floor area. One (1) space for every employee working on the premises during the peak business period. One space for every forty-six (46) square metres (495.2 sq. fi.) or fraction thereof of public floor area. w) Home Occupation or Home Industry - x) Uses Permitted by this By-law Other than Those Listed Above but Excluding Accessory Uses to Single Detached Dwellings - One (1) space for every eighteen (18) square metres (193.8 sq. ft.) of floor area devoted to the use. One (1) space for every twenty-eight (28) square metres (301.4 sq. ft.) of gross floor area. 5.29.2 Parking Requirements iii) iv) v) vi) vii) viii) ix) x) xi) xiii) xiv) xv) xvi) Each parking space must be readily accessible at all times and arranged in such a manner to provide access and manoeuvring space for the parking and removal of a motor vehicle without the necessity of moving any other motor vehicle, except that this shall not apply in the case of a single detached dwelling. Ingress and egress to and from the parking aisles prescribed by this section shall be provided by a sufficient number of adequate, unobstructed driveways having a minimum width of six (6) metres (19.7 ft.), except that in the case of a single detached dwelling, the width may be reduced to 3.5 metres (1 1.5 ft.). All off-street parking spaces, driveways and aisles required herein shall be constructed and maintained with a stable surface. Where a ramp to parking aisles provides access from a street, such a ramp shall not be located closer than seven and one half (7.5) metres (24.6 ft.) from the street line and a level stopping space shall be provided between the ramp and the street grade so as to provide adequate vision to the street in both directions. Where a lot, building or structure accommodates more than one type of use, the parking requirement for the whole building shall be the sum of the requirements for the separate parts of the lot, building or structure occupied by the separate types of uses. The parking requirements referred to herein shall not apply to any building in existence at the date of enactment of this By-law so long as the gross floor area as it existed at that date is not increased or the use changed. If an addition is made or the use is changed, then additional parking spaces shall be provided up to the number required for such addition. Where the application of ratios results in a fraction of a parking space, the required number of spaces shall be increased to the next whole number. In the case of a parking structure completely or partly below finished grade, it shall not be necessary to comply with the setback requirements of the particular zone, except that the minimum distance between such a structure and the street line shall be 7.5 metres (24.6 ft.). Where parking requirements are related to seating capacity and seating is by open benches, each .6 metres (2.0 ft.) of open bench shall be counted as one seat. The lights used for illumination of parking spaces, aisles and driveways shall be so arranged as to divert the light away from adjacent lots and streets. A structure not more than four and one half (4.5) metres (14.8 ft.) in height and not more than four and one half (4.5) square metres (48.4 sq. fi.) in area may be erected in the parking area for the use of parking attendants. No sign shall be erected in any parking area other than a directional sign, signs necessarily incidental to the efficient operation of a commercial parking lot, and a sign which gives the name of the owner. The maximum size of any such sign shall be one (I) square metre (1 0.8 sq. ft.). No gasoline pump or other service station equipment shall be located or maintained on any parking space or aisle. In a residential zone or in an urban residential zone, not more than 50 percent of the aggregate area of the side yards and rear yard shall be occupied by parking spaces, aisles or driveways. Entrances and exits to parking spaces shall not pass through zones other than the zones requiring the parking spaces. Where off-street parking abuts a residential zone or urban residential zone, a wooden fence at least 1.5 metres (4.9 ft.) in height shall be erected and maintained and the land within three (3) metres (9.8 ft.) of the residential zone or urban residential zone shall be maintained in an open space condition. xvii) No parking or loading facility or part thereof shall be located and no land shall be used for the parking or storage of any vehicle within 1 metre (3.3 ft.) of any lot line or street line, or within 3 metres (9.8 ft.) of the boundary of any residential zone or urban residential zone. xviii) Notwithstanding Section 5.40.1 of this by-law to the contrary, where any building, structure, use or activity is permitted or is legally in existence at the date of passing of this By-law and is subsequently changed in use or enlarged or extended in floor area, number of employees, number of dwelling units, seating capacity or otherwise which results in the increase of the minimum required parking facilities and/or number of parking spaces and such number of parking spaces or part thereof cannot be provided in accordance with the minimum requirements, then such required parking spaces or part thereof shall be subject to a cash-in-lieu contribution towards municipal parking facilities, the cost of which shall be established by the Council of the Township from time to time for the determined deficiency. 5.29.3 Handicap Parking Handicap parking spaces shall be provided for all commercial uses listed in Section 5.29.1 at the rate of 1 space per 500 sq. metres (5,382.0 sq. ft.) with a minimum of 2 spaces. Handicap parking spaces should be a minimum of 3.5 metres (1 1.5 ft.) wide and be located in close proximity to the commercial establishment. 5.30 OPEN STORAGE Open storage of goods or materials shall be permitted in those zones where permitted only if the goods are accessory to a use permitted in the zones and in accordance with other provisions of this by-law. 5.31 OUTDOOR WOODBURNING FURNACES An outdoor woodburning furnace shall be permitted and shall comply with the .following regulations: minimum setback from: a) a lot line abutting a residential zone 100 metres (328 ft.) b) any other lot line 60 metres (197 ft.) ii) that no outdoor furnace shall be constructed or installed on a lot without the issuance of a building permit for construction from the Township. For the purposes of this subsection, the term "construction" has the same meaning as set out in Section l(1) of the Building Code Act, S.O. 1992, c. 23 as amended. 5.32 PLANNED WIDTH OF ROAD 5.32.1 Notwithstanding any other provision contained in this By-law, no building or structure shall be hereafter erected in any zone closer than the sum of the front yard or exterior side yard requirement for such zone and the following where applicable: i) 15.25 metres (50.0 ft.) from the centre line of any municipal roadway and county roads; and ii) 10 metres (32.8 ft.) from the centre of the right-of-way of all other public roads in the Township. 5.32.2 Notwithstanding the provisions of this by-law to the contrary, where a building, structure or accessory use thereto is to be erected in a built-up area where there is an established building line, such dwelling or accessory use is not to be erected closer to the street line or to the centre line of the road or street, as the case may be, than the established building line on the date of passing of this By-law. 5.33 PROHIBITED USES 5.33.1 Except as otherwise specifically permitted, any use is prohibited which by its nature or the materials used therein is declared under the Health Protection and Promotion Act to be a health hazard, e.g.: i) refining coal oil or petroleum products; ii) tanning hides or skins; iii) manufacturing gas; iv) manufacturing glue. 5.33.2 In addition to Clause 5.33.1 of this subsection, all uses of land and the erection or use of any building or structure for a purpose not permitted under the "Permitted Use" subsection of one or more zones established by this By-law are and shall be deemed to be prohibited in each such zone, except for those uses of land and the erection or use of any building or structure for a purpose expressly permitted under the applicable provisions of this By-law. 5.34 PROHIBITIONS 5.34.1 No person shall use any land or erect any building or structure within a zone except for a permitted use established or erected in accordance with the regulations provided by this By-law for the zone in which it is located. 5.34.2 No person, except a public authority engaged in the implementation of public works or services shall reduce in area or frontage any lot already built upon, either by conveyance or alteration, so that the lot coverage of the building exceeds the maximum permitted by this By-law, or so that the area or frontage of the lot will be less than the minimum permitted by this By-law for the zone in which the lot is located. 5.34.3 Except in a commercial or industrial zone, not more than one permitted use shall be allowed on a lot unless specifically permitted in this By-law. This section shall not prohibit the establishment of a home occupation or home industry in conjunction with a dwelling where such use is permitted. 5.34.4 The purpose for which any land or building is used shall not be changed, no new building or addition to any existing building shall be erected and no land shall be severed from a lot, if such change, erection or severance creates a situation that contravenes any of the provisions of this By- law applicable to each individual remaining building, accessory building or lot. 5.34.5 Except as otherwise provided in this By-law, no building or structure shall be erected, altered, extended or enlarged except upon a lot nor shall any land be used for any permitted use unless it comprises a lot as defined herein; but this provision shall not prevent the use of any parcel or tract of land for agricultural purposes excluding the erection or enlargement of any building or structure except a fence. 5.34.6 No person shall erect or use any building as a dwelling upon any lot on which a building already exists, or which is in the course of construction or for which a building permit has been issued. 5.34.7 Notwithstanding anything contained in this By-law, no person shall use or occupy any building for residential purposes: iii) unless such building has been substantially completed and finished in all respects in accordance with the plans and specifications filed upon application for the building permit, and is serviced to a standard sufficient to meet the approval of the Township; and ii) unless such building is serviced with electricity, a pressure well water supply system, and an appropriate sanitary sewage disposal system. 5.34.8 Notwithstanding anything contained in the By-law, no person shall use any building, structure or land for any purpose that would have a negative impact on groundwater resources in the Township. As part of the building permit, severance or rezoning process, the applicant may be required to obtain Ministry of Environment approval for any use. 5.35 PUBLIC USES AND UTILITIES AND COMlMUNITY FACILITIES 5.35.1 Notwithstanding anything contained in this By-law, the Township or any local board thereof, any telephone or telegraph company, any transportation system owned, operated, or authorized by or for the Township, any Department of the Federal or Provincial Government or any Conservation Authority established by the Government of Ontario, may, for purposes of public service, use any land or erect or use any building or structure in any zone except Environmental Protection or Environmental Protection Wetland provided: i) that such use, building or structure, shall be in compliance with the height, coverage, landscaped open space and yard regulations prescribed for such a zone; ii) that there shall be no open storage of goods, materials, or equipment in the yards of any residential zone; and iii) that any building or structure erected or used in any residential zone shall be of a character and shall be maintained in general harmony with the buildings of the type permitted in the said zone. 5.35.2 Nothing in this By-law shall prevent the use of any land as a public park, a public street or for the location of a properly authorized traffic sign or signal, or any sign or notice of any Municipal, Provincial or Federal government department or authority. 5.35.3 Where in a zone in this by-law under the heading of "Permitted Uses" a public use is specifically permitted within a zone, then such use shall only be permitted within that zone. 5.35.4 Where in this by-law a public use is not specifically referred to in any zone, then such public use shall be permitted in any zone. 5.35.5 The minimum distances of buildings or structures owned or operated by any utilities from any lot line shall be subject to approval by the Township and from the centreline of any road shall be 10 metres (32.8 ft.). 5.35.6 A community facility use shall be permitted in all zones other than the Environmental Protection Zone, Environmental Protection Wetland, Prime Agriculture, Mineral Extraction and Mining Zones. 5.36 RESIDENTIAL EXTERIOR SLDE YARDS Notwithstanding any provisions of this By-law to the contrary, the minimum required exterior side yard may be reduced to a minimum of three (3) metres (9.8 ft.) provided that for every one (I) metre or part thereof, the exterior side yard is reduced below the minimum requirement, the minimum front yard shall be correspondingly increased by the same distance. 5.37 SECONDARY FARM OCCUPATION Secondary Farm Operations, as defined herein, are permitted within the RU zoning categories subject to the following provisions: i) ii) iii) iv) v i) viii) ix) x) xi) 511) The secondary farm occupation is clearly secondary and incidental to the principal use of Agricultural use on the subject property; Not more than one (1) secondary farm occupation use shall be permitted on a farm property; The secondary farm occupation operation does not result in the loss of productive farm land; The secondary farm occupation shall only be conducted by an individual residing on the farm property and who are physically involved in conducting the farm operation on a day-to-day basis; one full-time equivalent employee shall be permitted in conjunction with the secondary farm occupation; The types of uses permitted as secondary farm occupations shall be limited to those involved in the manufacture or fabrication of goods, uses considered to be trade occupations, and other occupations which are primarily and directly related to agriculture and farming; A secondary farm operation shall be operated as part of the farm unit and shall cease if the farm use is discontinued; The secondary farm occupation shall not be operated in a manner that will impede or interfere with the ability of the farmer to conduct the farming operation on the subject property; A secondary farm occupation shall be conducted wholly within an accessory building or structure or structures the combined floor area of which shall not exceed 186 sq. metres (2,002.2 sq. ft.). Buildings and structures must be designed in such a manner that they can be converted/reverted to a farming use and must be located in proximity to the principal farm building; The minimum setback for such building(s) from the rear and side property lines shall be 15.2 metres (50 ft.); A separate access driveway serving the secondary farm occupation use shall not be permitted; Secondary farm occupations shall not be located in any front yard and shall not be closer to any public road than the principal building on the lot. 5.38 SIGHT TRIANGLES Unless otherwise specified in this By-law, on a corner lot, within the triangular space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each point being measured nine (9) metres (29.5 ft.) along the street lines from the point of intersection of the street lines, no building or structure which would obstruct the vision of drivers of motor vehicles shalJ be erected and no trees, shrubs, hedges, fences or walls shall be planted, erected or maintained of greater height than one (I) metre (3.3 ft.) above the centre line of the adjacent road at the lowest point. Where the two 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 tangents to the street , lines. Signs shall only be permitted in accordance with the following: i) In "All Zanes", the following signs shall be permitted: a) an authorized traffic sign or signal; b) a public election list or other proclamation by government authority; C) a "No Trespassing" sign or similar announcement or sign other than an advertisement; d) a sign incidental to construction on the premises and a non-illuminated real estate sign not exceeding 0.5 square metres (5.38 sq. ft) in area, advertising the sale, rental or lease of any lot or premises; e) a nameplate not exceeding 0.2 square metres (2.15 sq . ft) in area indicating the name of the occupant of a dwelling on a lot; f> in all zones which permit home occupations, a sign not exceeding .55 square metres (6 sq. ft.) shall be permitted for purposes of advertising a home occupation; g) in all zones which permit a home industry, a sign not exceeding .55 square metres (6 sq. ft.) shall be permitted for the purpose of advertising a home industry. ii) In all Industrial zones, the following signs shall be permitted: a) a maximum of two permanent business signs advertising or identifying the industrial firm or uses on the lot, such signs shall be attached to a building or located on a pylon or similar structure situated on the ground. No pylon or similar structure shall be located closer than 2.5 (8.2 sq.ft) metres to any street line or lot line; b) a non-illuminated sign not exceeding one square metre in area advertising the sale of land. iii) In a Community Facility (CF), and/or Environmental Protection (EP) Zone, one or more signs or bulletin boards identifying the name of the premises and indicating other information concerning the premises such as traffic directional signs and parking area signs shall be permitted. Such signs shall not exceed 0.5 square metres in aggregate area for each metre of street line abutting the lot, and shall be attached to a building, or located on a pylon or similar structure situated on the ground. No pylon or similar structure shall be located closer than 2.5 metres to any street line or lot line. iv) In all Commercial zones, one or more business signs advertising businesses or services lawfully conducted on the lot shall be permitted. Such signs shall not exceed one (1) square metre in aggregate area for each metre of street line abutting the lot. The signs shall be attached to the principal building and shall not project more than two metres therefrom or shall be located on a pylon or similar structure on the ground. No pylon or similar structure shall be located closer than 2.5 metres to any street line. In addition, temporary roadside signs may be located with the written approval of the owner of the property and Council. v) Temporary Signs: In addition to the above, one temporary sign shall be permitted on any non-residential lot in the Township. Such sign shall be for the purpose of advertising a special event and shall not be located on the lot for more than 30 consecutive days. 5.40 SPECIAL OCCASION USES Special occasion uses such as yard sales, concerts, fundraising events and other similar uses shall be governed by municipal by-laws and may require a permit issued by the Township. The Township shall determine the suitability of the event for the zone in which application is made at the time of application. 5.41 STORAGE AND PARKING OF MOTOR VEHICLES AND TRACTOR TRAILER TRUCKS 5.41.1 No land in the Township shall be used for the storage or parking of a derelict vehicle. 5.41.2 No land in the Township shall be used for the parking of a motor vehicle which is undergoing repairs unless such repairs are effected within an enclosed building. 5.41.3 No land in the Township shall be used for the outdoor storage of motor vehicle parts unless such motor vehicle parts are stored in a location such that they are not visible from any adjacent lands which are not occupied by the owner of such parts. 5.42 TEMPORARY USES Nothing in this By-law shall prevent the use of any land, or the erection or use of any building or structure for a work camp, tool shed, scaffold, or other building or structure including a temporary sales or rental office, which is incidental to and necessary for construction work of the premises, but only for so long as such use, building or structure is necessary for such construction work which has not been finished or abandoned. "Abandoned" in this Section shall mean the failure to proceed expeditiously with the construction of a work, specifically abeyance of construction for six months. Notwithstanding 5.34.6, an agreement shall be entered into with the Township in such instance as a temporary residential structure is required for habitation while construction of a new residence is taking place. 5.43 TRAVEL TRAILERS, MOTOR HOMES, CAMPER TRAILERS, TRUCK CAMPERS 5.43.1 The use of travel trailers, motor homes, truck campers and camper trailers shall be prohibited in all zones except for a Commercial Zone. 5.43.2 The use of any of the above-mentioned or similar vehicles shall not be used for human habitation, except in a Commercial Zone. 5.43.3 Notwithstanding the above provisions, travel trailers, motor homes, camper trailers and truck campers may be permitted for residential use by owners on their property subject to the following: iv) such vehicle may be used for a maximum of two weeks consecutive or cumulative use in any 12 month period on a property permitting residential uses and developed with an existing dwelling; 5.43.4 A maximum of one motor home, truck camper, travel trailer or camper trailer shall be permitted to be parked or stored where a principal residence has been established. 5.43.5 The above named vehicles shall not be used in any zone for carrying on business. 5.44 TRUCK, BUS AND COACH BODIES No truck, bus, coach body, highway trailer or similar structure of any kind, shall be used for human habitation, storage of goods and materials or any other uses within any area affected by this by-law, whether or not the same is mounted on wheels or other form of mounting or foundation. 5.45 WATERTAKING PERMITS All lands that are the subject of an application to the Ministry of the Environment for a Permit to Take Water under the Ontario Water Resources Act RSO 1990, Chapter 0.40 and the Environmental Bill of Rights, Statutes of Ontario, 1993, Chapter 28, shall be subject to an amendment to this by-law and shall be zoned to a special Commercial Zone. 5.46 YARD ENCROACHMENTS PERMITTED 5.46.1 Except as otherwise provided in this By-law, every part of any required yard shall be open and unobstructed by any building or structure from the ground to the sky, except for: 9 sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters or other ornamental features, provided however that the same shall not project more than .6 metres (2 ft.) into any required yard; ii) drop awnings, clothes poles, garden trellises, TV or radio antennae including satellite dish antennae, or similar accessories; iii) fences, solar collectors, parking lots, retaining walls, gatehouses in industrial zones, driveways, patios and other such uses as specifically permitted in this By-law; iv) a) signs, provided however that the same shall be erected in accordance with the provisions of any Sign By-law of the Township, County or the Ministry of Transportation; b) in lieu of a municipal sign by-law: in an industrial, marginal in a residential zone, there shall be no display other than a sign of a maximum size of 0.55 square metres (6.0 square feet) to indicate that any part of a dwelling is being used for a purpose other than residential. Furthermore, such a sign shall be set back a minimum of 3 metres (9.8 ft.) from any lot line; in an industrial, marginal agricultural, or rural commercial zone, one temporary, portable roadside sign per lot frontage may be located with the written approval of the property owner and Council. The temporary portable sign shall be located on private property and shall not interfere with parking or traffic circulation on the site or adjoining roadway; v) light standards, fuel pump islands and fuel pumps of automobile service stations, provided however that the same shall be erected in accordance with the applicable provisions of this By-law; vi) fire escapes, provided however that the same shall project into any required side or rear yard a distance of not more than 1.5 metres (4.9 ft.); and vii) accessory buildings, provided however that the same shall be erected in accordance with the applicable provisions of this By-law. 5.46.2 Notwithstanding the yard provisions of this By-law to the contrary, canopies, steps and unenclosed and uncovered decks and porches may project into any required front or rear yard a maximum distance of 1.5 metres (4.9 fi.). This however, does not permit a balcony and/or porch to extend into a required yard if in fact the balcony andlor porch is an addition to the house intended to circumvent the intent of this section. For the purpose of this section, a "deck" shall mean a horizontal surface supported on piers, free of any roof or other covering, and which may be surrounded by a railing, the height of which is governed by the Ontario Building Code. 5.46.3 Notwithstanding any other provisions of this By-law, a railway spur shall be permitted in an Industrial Zone within a required yard. Where such yard abuts a residential zone, the railway spur shall conform to the yard and setback requirements of the zone in which it is located. 5.47 ZONES 5.47.1 For the purpose of this By-law, the Township has been divided into zones, the boundaries of which are shown on the attached schedules. 5.47.2 The attached schedules are detailed maps for portions of the Township. 5.47.3 The zones are referred to by the following names or symbols and are identified on the attached schedules by the following symbols: ZONE SYMBOL RURAL RURAL- 1 RURAL-2 RURAL HOLDING RURAL RESIDENTIAL WATERFRONT RESIDENTIAL LIMITED SERVICE RESIDENTIAL COMMERCIAL INDUSTRIAL WASTE DISPOSAL COMMUNITY FACILITY MINING GROUP HOME ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION WETLAND WATER DEER WINTERING AREA EXTRACTIVE RESERVE MINERAL EXTRACTIVE RU RU- 1 RU-2 RU-h RR WR LSR C M WD CF MI GH EP EPW W 5.47.4 Where the boundary of any zone is uncertain, and the boundary is shown following a street, lane, railway right-of-way, electric transmission line, right-of-way or watercourse, then the centre line of the street, lane, railway right-of-way, electric transmission line, right-of-way or watercourse is the zone boundary. 5.47.5 Where the boundary line of a zone does not correspond to a property line, to the centre line of a street, highway line, right-of-way or watercourse, the location of said boundary line shall be scaled from the scale shown on the attached schedules. 5.47.6 Where the boundary of any zone is uncertain and notwithstanding the provisions of this subsection, the dimensions contained in any amending by-law shall apply. 5.47.7 Where the regulations of a zone include a requirement that the minimum yard of a lot or parcel of land shall be a specific number of metres, such minimum yard shall be determined by measuring at right angles from either the street line of the public street or the lot line abutting such yard in the direction of such lot or parcel of land a distance equal to the said specific number of metres in the relevant regulation of such zone. 5.47.8 Subject to the provisions of Section 5.10, the minimum lot area shall be as contained in the appropriate section of this By-law for the zone in which the lot is located or such larger area as may be required by the appropriate authority pursuant to the provisions of the Health Promotion and Protection Act. 5.47.9 Zones cited using a generic term (and lower case letter) refer to the following: i 3 a residential zone: includes Rural Residential, Waterfront Residential, Limited Service Residential. SECTION 6 - RU - RURAL 6.1 Within a RU - Rural Zone, no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be-in accordance with the regulations contained or referred to in this section. 6.2 PERMITTED USES iii) iv) v) v i) vi i) viii) ix) x) xi) xii) xiii) xiv) agricultural uses, including a livestock facility, conservation uses, including forestry, reforestation and other activities connected with the conservation of soil or wildlife, open space uses, a kennel, a riding club or boarding stable, passive recreational outdoor uses, a livestock assembly area or a livestock exchange, a single detached dwelling, a bed and breakfast establishment, an agricultural produce sales outlet, an accessory building or use to the above uses, an occasional use cabin a Type 'A' and Type 'B 7 home occupation, in accordance with the provisions of Section 5.13 of this By-law, a Type 'A' and Type 'B' home industry, in accordance with the provisions of Section 5.14 of this By-law, 6.3 ZONE REGULATIONS a) For Residential Uses and Uses Other than Logging Operations, Kennels, Accessory Buildings and Occasional Use Cabins iii) iv) v) vi) vii) viii) ix) x) Lot Area (Minimum) a. Along a Township Road 6,070 square metres (1.5 acre) b. Along a Provincial Highway 8,094 square metres (2 acres) Lot Frontage (Minimum) a. Along a Township Road 46 metres (I 50 ft.) b. Along a Provincial Highway 76 metres (250 ft.) Front Yard (Minimum) a. Along a Township Road 23 metres (75.5 ft.) b. Along A Provincial Highway 25 metres (82 ft.) Rear Yard (Minimum) 7.5 metres (24.6 ft.) Interior Side Yard (Minimum) 7.5 metres (24.6 ft.) Exterior Side Yard (Minimum) As per Front Yard requirements of this zone. Gross Floor Area (Minimum) 93 sq. m(1001 sq. ft.) Lot Coverage (Maximum) 20 percent Building Height (Maximum) I 1 metres (36.1 ft.) Off-street parking shall be provided in accordance with Section 5.35. b) For Detached Accessory Buildings 9 Rear Yard (Minimum) ii) Interior Side Yard (Minimum) iii) Height (Maximum) 3.0 metres (9.8 ft.) 3.0 metres (9.8 ft.) 15 metres (49.2 1 ft.) c) For Kennels A Kennel on a lot in the Rural (RU) Zone shall be erected no closer than 45 metres (147.63 ft.) to the interior side and rear lines and no closer than 90 metres to the front or exterior lot line. d) Occasional Use Cabins i) Lot area (minimum) 56 sq. m (600 sq ft.) ii) Gross floor area (maximum) 1 12 sq. m (1 200 sq ft.) iii) Rear Yard (minimum) 10.66 m (35 ft.) iv) Side Yard (minimum) 10.66 m (35 ft.) v) Distance from existing dwelling (minimum) 60 m (200 ft.) vi) - Distance from existing septic (minimum) 60 m (200 ft.) 6.4 GENERAL PROVISIONS All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any land, lot, building, structure or use within the RU - Rural Zone. 6.5 . SPECIAL RU - RURAL ZONES 6.5.1 RU-1 (Part Lots 26,27 and 28 in the 19"' Concession of Tudor Township) Notwithstanding any provisions of this by-law to the contrary on lands zoned RU-1 and shown on the attached schedules, the following special provisions apply: Permitted Uses i) Agriculture ii) Conservation iii) Forestry NO DEVELOPMENT will occur within 183 metres (600 ft) from the Steen Burg Lake Shoreline and Environmental Protection Areas as described under this by-law. All other provisions of this by-law shall apply. 6.5.2 RU-2 (Part Lot 21 in 4"' Concession of Cashel towns hi^, Part Lot 6 in 13'~ Concession of Cashel Township, Part Lot 3 1 in 2" Concession of Tudor Township, Part lot 24 in W.H.R Concession, of Tudor Township, Part Lot 16 of E.H.R. of Tudor Township) - Notwithstanding any provisions of this by-law to the contrary on lands zoned RU-2 and shown on the attached schedules, the following special provisions apply: Permitted Use Occasional Use Cabin SECTION 7 - RR - RURAL RESIDENTIAL 7.1 Within a RR - Rural Residential Zone, no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 7.2 PERMITTED USES i) a single detached dwelling, ii) converted dwelling house, iii) a bed and breakfast establishment, iv) an accessory building related to a single detached dwelling, vii) a Type 'A' or Type 'By Home Occupation in accordance with the provisions of Section 5.13 of this By-law, viii) a Type 'A' Home Industry in accordance with the provisions of Sect. 5.14 of this By-law. 7.3 ZONE REGULATIONS a) For Single Detached Dwellings iii) iv) v) v i) vii) viii) ix) x) xi) xi i) xiii) Lot Area (Minimum) a. Along a Township Road 4,047 square metres (1 acre) b. Along a Provincial Highway 8,094 square metres (2 acres) Lot Frontage (Minimum) a. Along a Township Road 46 metres (1 50 ft.) b. Along a Provincial Highway 76 metres (250 ft.) Front Yard (Minimum) a. Along a Township Road 23 metres (75.5 ft.) b. Along A Provincial Highway 25 metres (82 ft.) Rear Yard (Minimum) 7.5 metres (24.6 ft.) Interior Side Yard (Minimum) 7.5 metres (24.6 ft.) Exterior Side Yard (Minimum) As per Front Yard requirements of this zone. Gross Floor Area (Minimum) 93 sq. m (1001 sq. ft.) Lot Coverage (Maximum) 20 percent Building Height (Maximum) 1 l metres (36.1 ft.) Landscaped Space (Minimum) 25 percent Dwelling Houses per lot (Maximum) 1 Dwelling Units per lot (Maximum) 1 for Single; 2 for Converted Dwelling Off-street parking shall be provided in accordance with Section 5.29. b) For Non-Residential Uses 9 Front Yard (Minimum) a. Along a Township Road b. Along A Provincial Highway 33 metres (1 08.3 ft.) 38 metres (1 24.7 ft.) c) For Accessory Buildings Not Attached to the Principal Building i) Rear Yard (Minimum) 3 metre (9.8 ft.) ii) Interior Side Yard (Minimum) 3 metre (9.8 ft.) iii) Building Height (Maximum) 1 1 metres (36.1 ft.) iv) Exterior Side Yard (Minimum) As per Front Yard requirements of this zone. 7.4 GENERAL PROVISIONS All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any land, lot, .building, structure or use within the RR - Rural Residential Zone. 7.5 SPECIAL RR - RURAL RESIDENTIAL ZONES SECTION 8 - WR - WATERFRONT RESIDENTIAL 8.1 Within a WR - waterfront Residential Zone, no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 8.2 PERMITTED USES i) a single detached dwelling, ii) a seasonal dwelling house iii) an accessory building or use, iv) a Type 'A' and Type 'B' home occupation, in accordance with the provisions of Section 5.20 of this By-law, v) a Type 'A7 home industry, in accordance with the provisions of Section 5.19 of this By- law. 8.3 ZONE REGULATIONS a) For the Principal Building i) i i) iii) iv) v) vi) vii) viii) ix) x) Lot Area (Minimum) 2,787 sq. metres (9 143.67 ft.) Water (i.e. lot) Frontage (Minimum) 36.5 metres (120 ft.) Front Yard (Minimum) 23 metres (75.4 ft.) Rear Yard 7.5 metres (24.6 ft.) Interior Side Yard 10 percent of lot width to a maximum of 7.5 metres (24.6 ft.) Exterior Side Yard (Minimum) As per Front Yard requirements of this zone. Gross Floor Area (Minimum) 65 sq. metres (700 sq. ft.) Lot Coverage (Maximum) 25 percent Building Height (Maximum) 1 1 metres (36.1 ft.) Off-street parking shall be provided in accordance with Section 5.35. b) For Accessory Buildings Not Attached To The Principal Building i) Rear Yard (Minimum) 3 metre (9.8 ft.) ii) Interior Side Yard (Minimum) 3 metre (9.8 ft.) iii) Exterior Side Yard (Minimum) As per Front Yard requirements of this zone. c) Vegetative Buffer Adjacent To The Shoreline A natural vegetative buffer strip 15 metres (49.2 ft.) in width shall be maintained. d) For Lots on a Narrow Water Body Where a lot (with or without road frontage) fronts on a narrow water body as defined in this by-law, the required water frontage shall be 100 metres (328.1 ft.). 8.4 GENERAL PROVISIONS All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any land, lot building, structure or use within the WR - Waterfront Residential Zone. 8.5 SPECIAL WR - WATERFRONT RESIDENTIAL ZONES SECTION 9 - LSR - LIMITED SERVICE RESIDENTIAL 9.1 Within a LSR - Limited Service Residential Zone, no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. In a Limited Service Residential Zone, there is no commitment or requirement by the Township to assume responsibility for ownership or maintenance of any private road. Due to road conditions of privately maintained roads, there is no commitment or requirement by the Township to ensure that emergency vehicles are able to access privately owned roads. The intent of the Limited Service Residential Zone is to recognize residential development on private roads. 9.2 PERMITTED USES i) a single detached dwelling, ii) a seasonal dwelling, ii) an accessory building or use, iii a Type 'A' home occupation, in accordance with the provisions of Section 5.13 of this By-law. 9.3 ZONE REGULATIONS a) For Residential Uses iii) iv) v) vi) vii) viii) ix) x> Lot Area (Minimum) 4000 sq. metres (43,057.1 sq. ft.) Lot Frontage on a Private Road and/or A Navigable Waterway (Minimum) 45.7 metres (1 50.0.ft.) Front Yard (Minimum) 10 metres (32.8 ft.) Rear Yard (Minimum) 10 metres (32.8 ft.) Interior Side Yard (Minimum) 3 metres (9.8 ft.) Exterior Side Yard (Minimum) 3 metres (9.8 ft.) Gross Floor Area (Minimum) 58.99 sq. metres (635 sq. ft.) Lot Coverage (Maximum) 20 percent Building Height (Maximum) 1 1 metres (36.1 ft.) Off-street parking shall be provided in accordance with Section 5.3 1. b) For Accessory Buildings Not Attached To The Principal Building i Rear Yard (Minimum) 3 metres (9.8 ft.) ii) Interior Side Yard (Minimum) 3 metres (9.8 ft.) iii) Exterior Side Yard (Minimum) 3 metres (9.8 ft.) iv) Building Height (Maximum) 4.5 metres (14.8 ft.) v) Gross Floor Area (Maximum) 23 sq. metres (247.6 sq. ft.) c) Vegetative Buffer Adjacent To 'The Shoreline A natural vegetative buffer strip 15 metres (49.2 ft.) in width shall be maintained along the shoreline. d) For Lots on a Narrow Water Body Where a lot (with or without road frontage) fronts on a narrow water body as defined in this by-law, the required water frontage shall be I00 metres (328.1 fi.). 9.4 GENERAL PROVISIONS All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any land, lot building, structure or use within the LSR - Limited Service Residential Zone. 9.5 SPECIAL LSR - LIMITED SERVICE RESIDENTIAL ZONES SECTION 10 - C - COMMERCIAL ZONE 10.1 Within an C - Commercial Zone no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 10.2 PERMITTED USES i) i i) iii) i v) v) v i) vii) viii) ix) x) xi) xii) xiii) xiv) xv) xvi) xvii) xviii) xix) xx) xxi) xxii) xxiii) xxiv) Auction Sales Barn and Flea Market Builder's Supply Outlet Camping Establishment Eating Establishment Equipment Sales and Service MarinaIMarine Dealer Motel Motor Vehicle Dealership Motor Vehicle Gasoline Bar Motor Vehicle Repair Garage Motor Vehicle Service Station Outside Storage Parking Lot as part of a permitted use herein Private Club Retail Commercial Establishment Recreation Vehicle Sales and Service Service Shop include Personal Service Shop Tourist Establishment Trailer Camp or Park Public Use Workshop Day Nursery dwelling units in the form of apartments as an accessory use in buildings in which commercial uses are permitted, except automobile service stations or other uses involving the sale of gasoline or other similar petroleum products, in accordance with the provisions of Sections 5.26 and 5.8, an accessory building or use to the above uses. 10.3 ZONE REGULATIONS a) For All Non-Residential Uses ;I Lot Area (Minimum) a. Along a Township Road 6,070 square metres (1.5 acre) b. Along a Provincial Highway 8,094 square metres (2 acres) ii) Lot Frontage (Minimum) a. Along a Township Road 46 metres (1 50 ft.) b. Along a Provincial Highway 76 metres (249 ft.) iii) Front Yard (Minimum) a. Along a Township.Road 23 metres (75 ft.) or 15.5 metres (5 1 ft) for pump island. b. Along a Provincial Highway 25 metres (82 ft.) or 17.5 metres (57 ft.) for pump island. iv) RearYard(Minimum) 7.5 metres (24.6 ft.) or 10 metres (32.8 ft.) if abutting a residential zone v) Interior Side Yard (Minimum) 6 metres (19.68 ft.) or 9 metres (29.53 ft.) if abutting a residential zone vi) Exterior Side Yard (Minimum) a. Along a Township Road 23 metres (75 ft.) b. Along a Provincial Highway 25 metres (82.02 ft.) vii) Lot Coverage (Maximum) viii) Building Height (Maximum) 25 percent or 40 percent for a gasoline sales outlet 1 1 metres (36.1 ft.) viii) Off-street parking and off-street loading facilities shall be provided in accordance with Sections 5.35 and 5.36. b) For Residential Use Where a dwelling house is erected or any building or structure is altered or used as a dwelling house, such dwelling house shall not be located closer than: a) 3 metres (9.84 ft.) from a permitted non-residential use other than a motor vehicle garage, service station or gas bar, and b) 7.5 metres (24.6 ft.) from a motor vehicle repair garage, service station or gas bar. The residential uses permitted on a lot in a Commercial (C) Zone shall be incidental and secondary to the non-residential use of the lot and will have no more than 2 dwelling units and follow the requirements of the Ontario Building Code for minimum unit area. c) For Accessory Buildings Not Attached To The Principal Building i) Rear Yard (Minimum) 3 metres (9.8 ft.) ii) Interior Side Yard (Minimum) 3 metres (9.8 ft.) iii) Exterior Side Yard (Minimum) As per Front Yard requirements of this zone. iv) Building Height (Maximum) 4.5 metres (14.8 ft.) v) Minimum distance from any other building on the lot shall be 3 metres (9.8 ft.) provided that in no case shall any overhang, eaves or gutter project into this required minimum area which shall be clear of any obstruction from the ground to the sky. 10.4 GENERAL PROVISIONS All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any land, lot, building, structure or use within the C -Commercial Zone. 10.5 SPECIAL PROVISIONS Outdoor Storage The outdoor storage of materials other than cars, trucks or vehicles shall be permitted only to the rear of the front yard. Assembly The assembly of components which are part of a permitted use shall be permitted provided such assembly is secondary. Services Commercial uses shall be restricted to "dry" uses which shall mean those in which water is not necessary in the manufacturing, processing andlor fabrication of goods and materials or in which water is not necessary to provide a service or goods to the client group. These uses will not result in the need for water supply or sewage disposal systems beyond those requirements normally considered necessary for the personal use of employees. Furthermore, the number of employees shall not exceed the capacity of individual, on-site water supply and sewage disposal services. 10.6 SPECIAL C - COMMERICAL ZONE SECTION 11 - M - INDUSTRIAL ZONE 11.1 Within an M - Industrial Zone, no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 11.2 PERMITTED USES i) Assembly, fabricating, manufacturing, or processing plants including food processing. ii) Bulk Storage iii) Contractor's Yard iv) Lumber Yard v) Parking Lot vi) Public Works Depot vii) Retail Sales in conjunction with and secondary to an approved non-residential use. viii) Warehouse ix) Wholesale Establishment x) Workshop xi) accessory dwelling unit for a caretaker or security guard, in accordance with the provisions of Section 5.27, xii) an accessory building or use to the above uses including a retail outlet for the purpose of selling goods manufactured, stored and/or assembled on the premises, provided such outlet is part of the principal building, and occupies not more than five (5) percent of the gross floor area of the principal building. 1 1.3 ZONE REGULATIONS a) For All Principal Buildings or Uses 9 Lot Area (Minimum) a. Along a Township Road b. Along a Provincial Highway ii) Lot Frontage (Minimum) a. Along a Township Road b. Along a Provincial Highway iii) Front Yard (Minimum) a. Along a Township Road b. Along a Provincial Highway iv) Rear Yard (Minimum) v) Interior Side Yard (Minimum) 6,070 square metres (1.5 acre) 8,094 square metres (2 acres) 46 metres (150 ft.) 76 metres (249 ft.) 23 metres (75 ft.) or 15.5 metres (5 1 ft) for pump island. 25 metres (82 ft.) or 17.5 metres (57 ft.) for pump island. 12 metres (39 ft) or 14 metres (46 ft) if abutting another zone. 3 metres (10 ft) or 14 metres (46 ft) if abutting another zone. vi) Exterior Side Yard (Minimum) As per Front Yard Depth of this Zone. vii) Lot Coverage (Maximum) 50 percent viii) Building Height (Maximum) Subject to Federal Air Space Restrictions. ix) Off-street parking and off-street loading facilities shall be provided in accordance with Sections 5.35 and 5.36. x) Access to an accessory dwelling unit shall be separate from access to a commercial use. xi) All means of ingress and egress shall have a minimum width of 6 metres (19.7 ft.) and in the case of a corner lot, no means of ingress or egress shall be located within 15 metres (49.2 ft.) of the intersection of the street lines, or, where a corner is rounded, the points at which the extended street lines meet. xii) A sight triangle of 15 metres (49.2 ft) minimum shall be provided on a corner lot. b) For Accessory Buildings Not Attached To The Principal Building i) Rear Yard (Minimum) ii) Interior Side Yard (Minimum) iii) Building Height (Maximum) 12 metre (39 ft.) 3 metre (10 ft.) 10 metres (32.8 ft.) c) For Lands Abutting A Residential Zone or Residential Use Notwithstanding the above provisions, where an interior side yard andlor rear yard abuts a residential zone then such interior side yard and/or rear yard shall be a minimum of 14 metres (46 ft.). This 14 metre (46 ft.) area shall be maintained in an open space condition and the open storage of goods or materials shall not be permitted within this 14 metre (46 ft.) area. d) For Lands Abutting A Public Or Private Road Allowance Or Opposite A Residential Zone Where any lot line in an M Zone abuts a public road allowance or a private road allowance or where the lot on the opposite side of a street or a public or private road allowance is in a residential zone, a buffer planting strip adjoining such abutting lot line shall be provided on the M Zone lot. Contents The bufferlplanting strip shall consist of an earth berm and/or a continuous unpierced hedgerow of tree, evergreens or shrubs, not less than 2.0 metres (6.6 ft.) high and 3 metres (9.8 ft.) wide immediately adjoining the lot line or portion thereof along which such planting strip is required. The earth berm shall not be greater than a 3: 1 slope. Maintenance A bufferlplanting strip shall be planted, nurtured and maintained by the owner or owners of the lot on which the strip is located. Landscaped Open Space A bufferlplanting strip referred to in this subsection may form a part of any landscaped open space required by this By-law. Interruption for Driveways or Pedestrian Walks In all cases where ingress and egress driveways or walks extend through a bufferlplanting strip or it shall be permissible to interrupt the strip within 3 metres (9.8 ft.) of the edge of such driveway or within 1.5 metres (4.9 ft.) of the edge of such walk. 11.4 GENERAL PROVISIONS All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any land, lot, building, structure or use within the - M - Industrial Zone. 11.5 SPECIAL M - INDUSTRIAL ZONES SECTION 12 - MX - MINERAL EXTRACTIVE ZONE 12.1 Within a MX - Mineral Extractive Zone, no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 12.2 PERMITTED USES i) a pit or quarry, including drilling and blasting, as licensed, ii) open storage as part of a permitted use herein iii) an aggregate processing operation, iv) asphalt plants, ready-mix concrete plants and aggregate transfer stations, i) accessory buildings to the above uses, ii) a wayside pit or quarry. ZONE REGULATIONS a) For Excavation Area and Storage Uses i) Setback from rear and interior 15 metres (49.2 ft) side lot lines (Minimum) ii) Setback from front and exterior 30 metres (98.4 ft.) side lot lines (Minimum) iii) Setback from residential, 30 metres (98.4 ft.) commercial, community facility or industrial zone or use (Minimum) iv) - Setback from any road 30 metres (98.4 ft.) right-of-way (Minimum) v) Setback from waterbody or water course 30 metres (98.4 ft.) b) For Open and Enclosed Pit or Quarry Processing Operations i) Setback from rear and interior 30 metres (98.4 ft.) side lot lines (Minimum) ii) Setback from front and exterior 30 metres (98.4 ft.) side lot lines (Minimum) iii) Setback from residential, 90 metres (295.3 ft.) commercial, community facility or industrial zone or use (Minimum) iv) Setback from any road right-of-way (Minimum) 30 metres (98.4 ft.) v) Setback from waterbody or water course 30 metres (98.4 ft.) c) For Accessory Buildings to Pit or Quarry Operations i> All yards (Minimum) 30 metres (98.4 ft.) ii) Setback from residential, commercial, commu~lity facility or industrial zone or use (Minimum) iii) Setback from any road right-of-way (Minimum) 90 metres (295.3 ft.) 30 metres (98.4 ft.) d) Landscaping A strip of land not less than 15 metres (49.2 ft.) in width shall be reserved for landscaping- purposes between any MX zone and any adjacent commercial, community facility or industrial zone or use and along any adjacent street line or lot line. Where an MX zone abuts a residential zone, or a roadway is the only separation between two such areas, then no aggregate extraction use shall be made of any kind within 30 metres (98.4 ft.) of the abutting lot line and no parking use shall be made of any land within 7.5 metres (24.6 ft.) of the abutting lot line. The intervening land shall be kept in an open space condition with grass, trees and shrubs and retained as part of the normal operation of the extraction activity. 12.4 GENERAL PROVISIONS All special provisions of Section 5 "General Provisions" shall apply where applicable to any land, lot, building, structure, or use within the MX - Mineral Extractive Zone. 12.5 SPECIAL MX - MINERAL EXTRACTIVE ZONES SECTION 13 - MI - MINING ZONE 13.1 Within a MI - Mining Zone, no person shall use any land, erect, alter, enlarge, use or maintain any building or structure of any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 13.2 PERMITTED USES i) a mine that is approved and operated in accordance with the Mining Act. 13.3 ZONE REGULATIONS The zone regulations for a mine will be determined through a site specific zoning by-law amendment process and will address, among other things, setbacks from water, access, buffering, conservation of natural environment and setbacks from neighbouring land uses. 13.4 GENERAL PROVISIONS All special provisions of Section 5 "General Provisions" shall apply where applicable, to any land, lot, building, structure or use within the M - Mining Zone. 13.5 SPECIAL M - MINING ZONES SECTION 14 - WD - WASTE DISPOSAL ZONE 14.1 Within a WD - Waste Disposal Zone, no person shall use any land, erect, alter, enlarge, use or maintain any building or structure of any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 14.2 PERMITTED USES i) a sanitary landfill site, ii) a sewage treatment plant, iii) a sewage lagoon, iv) a waste transfer station, v) a waste processing facility including the recycling and reprocessing of waste materials into new products, vi) a salvage yard, vii) accessory buildings or uses to the above uses. 14.3 ZONE REGULATIONS a) For a Salvage Yard 9 Lot Area (Minimum) 2 ha (4.9 acres) ii) Lot Frontage (Minimum) 60 metres (1 96.6 ft.) iii) Yard Requirements: a) All yards (minimum) 15 metres (49.2 ft.) iv) A strip of land not less than 15 metres (49.2 ft.) in width shall be reserved for landscaping purposes between any salvage yard site and any adjacent community facility, commercial or industrial zone or use, and along any adjacent street line or adjoining lot line. Where a salvage yard site abuts a residential zone or use or a roadway is the only separation between two such areas, then no salvage yard use of any kind shall be made within 30 metres (98.4 ft.) of the adjacent lot line. The land reserved for landscaping purposes shall be kept in an open space condition with grass, trees and shrubs and maintained as part of the normal operation of the salvage yard activity. v) No land shall be used for the storage or mechanized processing of goods, wares, merchandise, articles or things within 300 metres (984.3 ft.) of any residential or commercial zone or use, nor closer than 100 metres (328.1 ft.) to a lot line or a street line. Without limiting the generality of this subsection, mechanized processing includes the use of machinery or equipment to crush, compact, separate, refine, incinerate or similarly treat goods, wares, merchandise, articles or things. vi) The salvage yard site shall be sufficiently screened by a fence, a berm or a combination of the two so that waste materials being stored or processed on the site are not visible from adjacent roads. The screening shall extend a minimum of 3 metres (9.8 ft.) above grade or to a height equal to that of the goods, wares, merchandise, articles or things being stored or processed within the salvage yard site, whichever is the greater. All fences shall be constructed of an opaque material and shall be painted or otherwise preserved and kept painted from time to time, so as to maintain the fences in good condition. vii) An accessory weighing scale and recording office shall be permitted no closer than 30 metres (98.4 ft.) to a street line. viii) A salvage yard site shall not be located on land covered by water or subject to flooding and shall be so located that no direct 'drainage leads to a watercourse. ix) No open burning shall be permitted. x) Prior to the storage or processing of any goods, wares, merchandise, articles or things all fluids shall be drained and disposed of in a manner approved by the Ministry of the Environment if they are not stored for the purposes of resale. b) For All Other Waste Disposal Uses i) Lot Area (Minimum) ii) Lot Frontage (Minimum) iii) Yard Requirements: All yards (minimum) 6 ha (14.7 acres) 200 metres (656 ft.) 60 metres (196.9 ft.) iv) No person, including the Township, shall establish, alter, enlarge or extend a sanitary landfill site, a sewage treatment plant, a sewage lagoon, a transfer station, or a waste processing facility unless a Provincial Certificate of Approval has been issued by the Ministry of the Environment. v) All waste disposal sites shall be established and operated in accordance with the requirements of the Environmental Protection Act and the Environmental Assessment Act. vi) A strip of land not less than 15 metres (49.2 ft.) in width shall be reserved for landscaping purposes between any sanitary landfill site, sewage treatment plant, sewage lagoon, transfer station or waste processing facility and any adjacent commercial, community facility or industrial zone or use and along any adjacent street line or adjoining lot line. Where such uses abut a residential zone or an existing residential use or a roadway is the only separation between two such areas, then no waste disposal use shall be made of any kind within 30 metres (98.4 ft.) of the abutting lot line. The land reserved for landscaping purposes shall be kept in an open space condition with grass, trees, and shrubs and maintained as part of the normal operation of the waste disposal activity. 14.4 GENERAL PROVISIONS All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any land, lot, building, structure or use within the WD - Waste Disposal Zone. 14.5 SPECIAL WD - WASTE DISPOSAL ZONES SECTION 15 - CF - COMMUNITY FACILITY ZONE 15.1 Within a CF - Community Facility Zone, no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 15.2 PERMITTED USES i i) iii) iv) v) v i) vii) viii) ix) x) xi) xii) xiii) xiv) xv) xvi) xvi i) xviii) xix) xx> any undertaking established or maintained by a governmental board, authority, agency or commission, Dwelling unit as part of aNon-residential Building Home for the aged Assembly Hall Camp, Charitable Cemetery Community Centre Conservation Arealpark Day Nursery Educational Facility Elderly Persons Centre Golf Course Group Home Law Enforcement Establishment Library Museum Nursing Home Place of Worship Post Office School 15.3 ZONE REGULATIONS a) For All Principal Buildings i) Lot Area (Minimum) a. Along a Township Road 4,047 square metres (I acre) . ., b. Along a Provincial Highway 8,094 square metres (2 acres) ii) Lot Frontage (Minimum) a. Along a.Township Road 46 metres (1 50 ft.) b. Along a Provincial Highway 76 metres (249 ft.) iii) Front Yard (Minimum) a. Along a Township Road 23 metres (75 ft.) b. Along a Provincial Highway 25 metres (82 fi.) iv) Rear Yard (Minimum) v) lnterior Side Yard (Minimum) 7.5 metres (24.6 ft) or 10 metres (32.8 ft) if abutting a Residential zone. 7.5 metres (24.6 ft) or 10 metres vi) Exterior Side Yard (Minimum) (32.8 ft) if abutting a Residential zone. As per Front Yard Depth of this Zone. vii) Lot Coverage (Maximum) 50 percent viii) Building Height (Maximum) 1 1 metres (36 ft.) ix) Off-street parking and off-street loading facilities shall be provided in accordance with Sections 5.34 and 5.35. x) All means of ingress and egress shall have a minimum width of 9 metres (29.5 ft.) and in the case of a comer lot, no means of ingress or egress shall be located within 15 metres (49.2 ft.) of the intersection of the street lines, or, where a comer is rounded, the points at which the extended street lines meet. xi) A sight triangle of 15 metres (49.2 ft) minimum shall be provided on a comer lot. b) For Accessory Buildings Not Attached To The Principal Building i) Rear Yard (Minimum) 7.5 metre (24.6 ft) ii) Interior Side Yard (Minimum) 5 metre (1 6.4 ft) 15.4 GENERAL PROVISIONS All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any land, lot, building, structure or use within the CF - Community Facility Zone, 15.5 SPECIAL CF - COMMUNITY FACILITY ZONES SECTION 16 - GH - GROUP HOME ZONE 16.1 Within a GH - Group Home Zone, no person shall use any land, erect, alter, enlarge, use or maintain any building or structure of any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 16.2 PERMITTED USES - a group home that is licensed by the Ministry of Community and Social Services. 16.3 ZONE REGULATIONS 16.3.1 For All Principal Buildings or Uses i) The establishment of a new or the expansion of an existing group home shall be by amendment to this by-law to a Group Home Zone. ii) A group home shall comply with the zone requirements of the appropriate residential zone for the dwelling type being occupied. Dwelling Type: - a single detached dwelling unit a converted single detached dwelling unit; a semi-detached dwelling (both units); a duplex (both units). Occupancy: A group home shall occupy the whole of the residential dwelling. Minimum Floor Area (including staff and/or receiving familv shall be: - 18 square metres (193.75 sq. ft.) of gross floor area per adult resident; 9 square metres (96.87 sq 3.) of gross floor area per child resident Minimum Rear Yard Amenity Area: There shall be a minimum rear yard amenity area of 14 square metres (494 sq. ft.) for each group' home resident, exclusive of staff or receiving family, and not less than a total of 100 square metres (3,53 1 sq. ft.) for each group home. Minimum Separation Distance: A group home shall be located at least 500 metres (1,640 ft.) from any other group home. Parking: In addition to the minimum parking requirements, one additional parking space shall be provided for each attendant or staff member who resides outside of the group home. 16.3.2 For Accessory Buildings Not Attached To The Principal Building An accessory building shall comply with the accessory building requirements,of the zone in which it is being established. 16.4 GENERAL PROVISIONS All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any land, lot, building, structure or use within the GH - Group Home Zone. 16.5 SPECIAL GH - GROUP HOME ZONES SECTION 17 - EPW - ENVIRONMENTAL PROTECTION WETLAND ZONE 17.1 Within an EPW (Environmental Protection Wetland Zone), no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 17.2 PERMITTED USES i) a conservation use excluding any buildings, ii) a building or structure required by a public authority for flood or erosion control or for conservation or wildlife management purposes, iii) an accessory use to the above uses, excluding any buildings, 17.3 ZONE REGULATIONS (See also Sections 5.9,5.10 and 5.23) i) No development shall be permitted within 30 metres (98.4 ft.) of a Wetland or lands zoned the Environmental Protection Wetland. ii) Additional zone regulations shall be established by the Township at the time of application in consultation with the Conservation Authority and the Ministry of Natural Resources. iii) All development (including site grading and drainage) adjacent to lands zoned Environmental Protection Wetland, which are beyond the 30 metres (98.4 ft.) setback but within 120 metres (393.7 ft.) of the EWP zone, shall be prohibited except in accordance with the recommendation of an approved Environmental Impact Statement (EIS) prepared in accordance with the County of Hastings Official Plan, to the satisfaction of the Township and/or Ministry of Natural Resources of Conservation Authority. 17.4 GENERAL PROVISIONS All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any land, lot, building, structure or use within the EPW - Environmental Protection Wetland Zone. 17.5 SPECIAL EPW - ENVIRONMENTAL PROTECTION WETLAND ZONES ? THE CORPORATION OF THE TOWNSHIPS OF TUDOR AND CASHEL ZONING BY-LAW 01/10 SCHEDULE B Key Map ZONING BY-LAW O I I I O SCHEDULE B-115 ZoneLegend RU - Rural RU-2 - Rural 2 RU-h - Rural Holding 0 0.5 1 2 3 I Kilometers Map Symbols 0 RR - Rural Residential WR - Waterfront Residential LSR - Limited Service Residential C - Commercial M - Industrial WD - Waste Disposal Site 0 CF - Community Facility 0 GH - Group Home I I I I LO: Lines I I EP - Environmental Protection Area [I~L surveyed line: prowfly - boundary EPW - Environmental Protection Wetland Area PmvlnclalHighwny& 0 W - Water PublidMuniclpel Rosds ---- ---- Rioh: of Way, PublWPrivate Deer Wntering Area 0 Extractive Area Extractive Reserve Extractive Reserve ER MX - Mineral Extractive - Hastings Tmil - Unity lines Cold Wder Lakes ZONING BY-LAW 01/10 SCHEDULE B-215 0 0.5 1 2 3 - Kilometers ZoneLegend Map Symbols 0 RU - Rural RU-2 - Rural 2 RU-h - Rural Holding 0 RR - Rural Residential m WR - Waterfront Residential LSR - Limited Service Residential m C - Commercial M - Industrial WD - Waste Disposal Site 0 CF - Community Facility I I 0 GH - Group Home I I rot ~ines I I EP - Environmental Protection Area [a- S U N O ~ O ~ line: property boundary EPW - Environmental Protection Wetland Area - PmvlnclalHl~hwayh PubltslMuniclpal R O D ~ S 0 w - Water ---- ---- Right of Way. PublicrPrivm Deer Wintering Area - Hastings Trail 0 Extractive Area - Wllty Lines Extractive Reserve cold ~ m r bkes Extractive Reserve ER @ waste ~1spore1 ~ l t e s tlonlenmnt Areas MX - Mineral Extractive , THE CORPORATION OF THE TOWNSHIPS OF TUDOR AND CASHEL ZONING BY-LAW 01/40 SCHEDULE B-315 0 0.5 1 2 3 Kilometers ZoneLegend Map Symbols I I 0 RU - Rural 0 GH - Group Home I I ~ o t ~ l n s s I I RU-2 - Rural 2 EP - Environmental Protection Area ~ 1 ~ - ~uweyed boundary line: pmplty RU-h - Rural Holding EPW - Environmental protection Wetland Area - pmvinstal Hiahway 6 PubliclMunklpal Roads 0 RR - Rural Residential 0 W - Water ---- ---- Riiht d Way, PublkIPrlvete WR - Waterfront Residential n Deer Wintering Area - Hastinps Tmll LSR - Limited Service Residential 0 Extractive Area a--t Utility Lines Extractive Reserve COM Watsrbkes C - Commercial Extractive Reserve ER @ Waste Disposal Sites M - Industrial @ Selthment Areas 0 WD -Waste Disposal Site MX - Mineral Extractive 0 CF - Community Facility THE CORPORATION OF THE TOWNSHIPS OF TUDOR AND CASHEL ZONING BY-LAW 01/10 SCHEDULE B-415 Map Symbols RU - Rural 0 GH - Group Home I I ~ o t Unes I-"jl RU-2 - Rural 2 EP - Environmental Protection Area suweyad line; p m p ~ boundary RU-h - Rural Holding EPW - Environmental Protection Wetland Area ~ m v l n s i a l ~ ~ h r m ~ & 0 RR - Rural Residential 0 W - Water ---- ---- Right of my, PublicPrivate PubUc/fdunklpal Roads WR - Waterfront Residential Deer Wintering Area - liastinps TMII LSR - Limited Service Residential 0 Extractive Area C - Commercial 0 Extractive Reserve M - Industrial Extractive Reserve ER - WD - Waste Disposal Site MX - Mineral Extractive 0 CF - Community Facility 0-0-- Utllny b a a Cold Water lakes @ mate r#spo.el site* 0 8stUamntAnaa THE CORPORATION OF THE TOWNSHIPS OF TUDOR AND CASHEL ZONING BY-LAW 01/10 SCHEDULE B-515 0 315 630 1,260 1,890 2,520 C - M e t e r s ZoneLegend Map Symbols I I 0 RU - Rural 0 GH - Group Home I I I I LO^ in or RU-2 - Rural 2 I-" EP - Environmental Protection Area mL Ou~oyed boundary line; pmprty RU-h - Rural Holding EPW - Environmental Protection Wetland Area - PubliclMuniclpl ~mvinsial H I ~ ~ W ~ Y Roads a 0 RR - Rural Residential 0 W - Water ---- ---- Riaht of Way. PublIclPrlv~ WR - Waterfront Residential : Deer Wintering Area - Hasting5 T ~ ~ I LSR - Limited Service Residential 0 Extractive Area - Utility Unes 0 Extractive Reserve @ Cold W r Lakes C - Commercial Extractive Reserve ER @ Wstn Mspcmal Sitas M - Industrial 8 (ieltbmntArear WD - Waste Disposal Site MX - Mineral Extractive 0 CF - Community Facility ZONING BY-LAW 01/10 SCHEDULE A (Tudor) 3ne Legend 0 0.7 1.4 2.1 2.8 -Kilometers RU - Rural RU-1 - Rural 1 RU-2 - Rural 2 RU-h - Rural Holding RR - Rural Residential WR - Waterfront Residential LSR - Limited Service Residential C - Commercial M - Industrial WD - Waste Disposal Site CF - Community Facility GH - Group Home EP - Environmental Protection Area EPW - Environmental Protection Wetland Area W - Water Deer Wintering Area Extractive Area Extractive Reserve Extractive Reserve ER MX - Mineral Extractive g~ilorneters Map Symbols LEI- Lot Line Surveyed lino; pmpetty boundary Pmvbclai Highway 6 Publ~uniclpal Roads Right01 Way, PublWrlvate Hastmgs Trail Wllly Lines Cold Watar Lakes Waste Disposal Sites Satismerot Amas . THE CORPORATION OF THE TOWNSHIPS OF TUDOR AND CASHEL ZONING BY-LAW 01/10 SCHEDULE A Key Map * THE CORPORATION OF THE TOWNSHIPS OF TUDOR AND CASHEL ZONING BY-LAW 01110 SCHEDULE A-116 I Symbols Lot Lhe 8uwsysd line; proper* boundary Rovhebl PublWMunklpl Hbhway Roads 6 Rlpht of Way, PubllclPrivafo Hastings Trail Vtllky Unes Cold Wator hkea Was@ Disposal Bltos 4 b ' THE CORPORATION OF THE TOWNSHIPS OF TUDOR AND CASHEL ZONING BY-LAW 01/10 SCHEDULE A-516 Zone Legend Map Symbols RU -Rural 0 GH - Group Home I I I I WLhe RU-2 - Rural 2 EP - Environmental Protection Area I I RU-h - Rural Holding EPW - Environmental Protection Wetland Area - s ~ ~ w ~ t ~ ~ : boundary pmpefly ' 0 RR - Rural Residential 0 W - Water - Pmvindaf Highway 6 PublWMunklpl Roads D WR - Waterfront Residential . . . . . eer Wintering Area ulght of way, PublWrivate LSR - Limited Service Residential Extractiveblrea - HartingsTmII m C - Commercial Extractive Reserve - Wllly UMS Cold W r L e k a s M - Industrial Extractive Reserve ER @ wbs ~ p o s a l Site. WD - Waste Disposal Site MX - Mineral Extractive 8otIkmentAreas 0 CF - Community Facility --.- " - - n-w-;-wa~er- - . .-- -. . -.. - -, - 0 RR - Rural Residential PublWMunkipl R d s a Deer Wintering Area ---- m WR - Waterfront Residential ---- Rbht d Way, PubllJPriv.(e LSR - Limited Service Residential Area - Hastings Tmll tt UtUhy Unes C - Commercial Extractive Reserve ColdHMarLekes