Zoning By-law 034-2014 (Consolidated June 2024)

Wainfleet, Ontario

This is the exact embedded text of the captured official document. Snapshot 7e12fb7b2c49 · verified 2026-06-10 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Township of Wainfleet Zoning By-law Prepared by Consolidated June 2024 Township of Wainfleet Comprehensive Zoning By-law SGL Planning & Design Inc. Consolidated June 2024 i ZONING BY-LAW AND AMENDMENTS DATE PASSED BY-LAW NO. LOCATION DESCRIPTION 04/08/2014 01/10/2023 14-2014, 002-2023 Pt. Lot 29, Con. 6 BL to Amend Zoning BL581-78 (Sider) Technical amendment to consolidate BL Amendment 014-2014 into BL034-2014 06/24/2014 01/10/2023 025-2014, 002-2023 Pt. Lot 11, Con. 1 BL to Amend Zoning BL581-79 (Triple G Farms Inc.) Technical amendment to consolidate BL Amendment 025-2014 into BL034-2014 08/12/2014 01/10/2023 028-2014, 002-2023 Pt. Lots 6 & 7, Con. 4 BL to Amend Zoning BL581-79 (Triple G Farms Inc.) Technical amendment to consolidate BL Amendment 028-2014 into BL034-2014 08/12/2014 01/10/2023 029-2014, 002-2023 Pt. Lots 14 & 15, Con. 2 BL to Amend Zoning BL581-79 (Reesor) Technical amendment to consolidate BL Amendment 029-2014 into BL034-2014 10/14/2014 01/10/2023 036-2014, 002-2023 Pt. Lot 13, Con. 5 BL to Amend Zoning BL581-79 (Rezner) Technical amendment to consolidate BL Amendment 036-2014 into BL34-2014 04/21/2015 01/10/2023 015-2015 002-2023 Pt. Lot 15, Con. 5 BL to Amend Zoning BL034-2014 (Dykstra) 07/14/2015 027-2015 BL to Amend Zoning BL034-2014 (Housekeeping) 08/04/2015 01/10/2023 036-2015 002-2023 Pt. Lot 12, Con. 5 BL to Amend Zoning BL034-2014 (Milstein Farms) 09/15/2015 043-2015, Pt. Lot 1, Con. 2 BL to Amend Zoning BL034-2014 (Gonschior) 12/15/2015 01/10/2023 058-2015 002-2023 Pt. Lot 24, Con. 3 BL to Amend Zoning BL034-2014 (1448077 Ontario Ltd.) 01/05/2016 01/10/2023 001-2016 002-2023 Pt. Lot 12, Con. 1 BL to Amend Zoning BL034-2014 (Kozar) 08/23-2016 01/10/2023 052-2016 002-2023 Pt. Lot 4, Con. 2 BL to Amend Zoning BL034-2014 (Lowland Farms) 08/23/2016 053-2016 Pt. Lot 1, Con. 2 BL to Amend Zoning BL034-2014 (McCabe) Township of Wainfleet Comprehensive Zoning By-law SGL Planning & Design Inc. Consolidated June 2024 ii DATE PASSED BY-LAW NO. LOCATION DESCRIPTION 05/09/2017 019-2017 Pt. Lot 23, Con.4 BL to Amend Zoning BL034-2014 (Kitchen) 07/18/2017 01/10/2023 034-2017 002-2023 Pt. Lot 28 & 29, Con. 5 BL to Amend Zoning BL034-2014 (Lambert) 08/01/2017 036-2017 Pt. Lot 16 & 17, Con. 1 BL to Amend Zoning BL034-2014 (Lakewood Beach Properties Ltd.) 01/23/2018 002-2018 Pt. Lot 3, Con. 5 BL to Amend Zoning BL034-2014 (Emery) 05/08/2018 01/10/2023 024-2018 002-2023 Pt. Lot 50 & 51, Con. 7 BL to Amend Zoning BL034-2014 (Tiersma) 11/13/2018 053-2018 Pt. Lot 50 & 51, Con. 6 BL to Amend Zoning BL034-2014 (Wagter) 06/11/2019 038-2019 Pt. Lot 31, Con. 6 BL to Amend Zoning BL034-2014 (2027479 Ontario Ltd.) 06/11/2019 039-2019 Pt. Lot 23, Con. 1 BL to Amend Zoning BL034-2014 (Fox) 07/23/2019 059-2019 Pt. Lot 18, Con. 2 BL to Amend Zoning BL034-2014 (Gabryelski) 07/23/2019 060-2019 Pt. Lot 16, 17 & 18, Con. 2 BL to Amend Zoning BL034-2014 (Martin & Hinks) 02/18/2020 004-2020 Pt. Lot 16 & 17, Con. 3 BL to Amend Zoning BL034-2014 (Strazdins, Triple G. Farms) 03/10/2020 010-2020 Pt. Lot 18 & 19, Con. 6 BL to Amend Zoning BL034-2014 (1184505 Ontario Ltd.) 11/03/2020 041-2020 Pt. Lot 10, Con. 5 BL to Amend Zoning BL034-2014 (Grandbois) 02/16/2021 004-2021 Pt. Lot 9, Con. 4 BL to Amend Zoning BL034-2014 (Young/Stoop) 02/16/2021 005-2021 Pt. Lot 39, Con. 5 BL to Amend Zoning BL034-2014 (Zavitz) 03/30/2021 010-2021 Pt. Lot 6, Con. 5 BL to Amend Zoning BL034-2014 (Rich & Ness) 07/12/2022 034-2022 Pt. Lot 34 & 35, Con. 2 BL to Amend Zoning BL034-2014 (Mayr Farms Ltd.) 07/12/2022 035-2022 Pt. Lot 13, Con. 1 BL to Amend Zoning BL034-2014 (Mikkelsaar) 09/27/2022 043-2022 Pt. Lot 19, Con. 1 BL to Amend Zoning BL034-2014 (Loeffen Farms Ltd.) 01/10/2023 002-2023 Various Properties BL to Amend Zoning BL034-2014 (Housekeeping) 01/10/2023 003-2023 Various Properties BL to Amend Zoning BL034-2014 (Hamlet Residential Lot Coverage) Township of Wainfleet Comprehensive Zoning By-law SGL Planning & Design Inc. Consolidated June 2024 iii DATE PASSED BY-LAW NO. LOCATION DESCRIPTION 05/16/2023 019-2023 Plan 8, Lots 55 & 56, NP735 BL to Amend Zoning BL034-2014 (Ibba) 08/08/2023 030-2023 Pt. Lot 6, Con. 4 BL to Amend Zoning BL034-2014 (Soares) 12/11/2023 053-2023 Pt. Lot 14, Con. 1 PCL 41 BL to Amend Zoning BL034-2014 (Oles) 12/11/2023 055-2023 Pt. Lot 21, Con. 5 BL to Amend Zoning BL034-2014 (Collard) 5/21/2024 020-2024 BL to Amend Zoning BL034-2014 (Housekeeping - Cannabis) 5/21/2024 023-2024 BL to Amend Zoning BL034-2014 (Housekeeping) Township of Wainfleet Comprehensive Zoning By-law SGL Planning & Design Inc. Consolidated June 2024 iv TABLE OF CONTENTS 1.0 How To Read this By-law ......................................................................................................................... 1 2.0 Administration ............................................................................................................................................ 4 2.1 Title .............................................................................................................................................................................. 4 2.2 Defined area .............................................................................................................................................................. 4 2.3 Purpose ....................................................................................................................................................................... 4 2.4 Zones ............................................................................................................................................................................ 4 2.5 Interpretation .......................................................................................................................................................... 5 2.6 Scope and Effect ...................................................................................................................................................... 8 2.7 Zoning Administration ......................................................................................................................................... 8 2.8 Restrictions on Changes ...................................................................................................................................... 8 2.9 Restoration to a Safe Condition ........................................................................................................................ 8 2.10 Certificate of Occupancy ................................................................................................................................... 9 2.11 Inspection of Premises .................................................................................................................................... 10 2.12 Repeal of Preceding By-laws ......................................................................................................................... 10 2.13 Validity ................................................................................................................................................................... 10 2.14 Effective Date ....................................................................................................................................................... 11 2.15 Technical Changes ............................................................................................................................................. 11 3.0 Definitions .................................................................................................................................................. 12 4.0 General Provisions for All Zones ........................................................................................................ 32 4.1 Requirement for a Lot......................................................................................................................................... 32 4.2 Uses Permitted in All Zones ............................................................................................................................. 32 4.3 Temporary Uses .................................................................................................................................................... 33 4.4 Uses Prohibited in all Zones ............................................................................................................................. 34 4.5 Human Habitation ................................................................................................................................................ 34 4.6 Multiple Uses on a Lot ........................................................................................................................................ 34 4.7 Residential Uses .................................................................................................................................................... 34 4.8 Basement or Cellar ............................................................................................................................................... 35 4.9 Railway Crossing and Sight Distance ........................................................................................................... 35 4.10 Swimming Pools ................................................................................................................................................. 35 4.11 Permitted Yard Encroachments................................................................................................................... 35 4.12 Non-Conforming Use and Non-Conforming Zone Provisions.......................................................... 36 4.13 Setback Requirements From Streets ......................................................................................................... 37 4.14 Minimum Distance Separation (M.D.S.) formulae ................................................................................ 38 4.15 Supplementary Setbacks from Any Drainage Works .......................................................................... 38 4.16 Provisions for Home Occupations ............................................................................................................... 38 4.17 Provisions for Home Industries ................................................................................................................... 39 4.18 Farm Help-House ............................................................................................................................................... 40 4.19 Group Homes ....................................................................................................................................................... 40 4.20 Secondary Suites ................................................................................................................................................ 40 4.21 Accessory Buildings .......................................................................................................................................... 41 4.22 Bed and Breakfasts ............................................................................................................................................ 44 4.23 Wind Facilities ..................................................................................................................................................... 44 4.24 Rail Yards .............................................................................................................................................................. 44 4.25 Visibility Triangle............................................................................................................................................... 44 4.26 Through Lots........................................................................................................................................................ 45 4.27 Minimum Elevation of Openings ................................................................................................................. 45 Township of Wainfleet Comprehensive Zoning By-law SGL Planning & Design Inc. Consolidated June 2024 v 4.28 Yards Adjacent to Lake Erie........................................................................................................................... 45 4.29 Wayside pits or quarries, portable asphalt plants and portable concrete plants ................... 45 4.30 Areas of High Aquifer Vulnerability ........................................................................................................... 45 5.0 Parking and Loading Provisions ......................................................................................................... 47 5.1 Parking Space Requirements ........................................................................................................................... 47 5.2 Setbacks .................................................................................................................................................................... 49 5.3 Size of parking space and aisles ..................................................................................................................... 49 5.4 Location of Parking Spaces ............................................................................................................................... 49 5.5 Parking and Loading within yards ................................................................................................................ 49 5.6 Parking for multiple uses on one lot ............................................................................................................. 50 5.7 Parking spaces should not be used for storage or display purposes .............................................. 50 5.8 Ingress and egress standards .......................................................................................................................... 50 5.9 Additions to existing buildings with legal non-conforming parking............................................... 51 5.10 Part Spaces ........................................................................................................................................................... 51 5.11 Accessible Parking ............................................................................................................................................. 51 5.12 Off-Street Loading requirements ................................................................................................................ 51 5.13 Parking and Loading Facilities ..................................................................................................................... 52 6.0 Agricultural and Rural Zones .............................................................................................................. 53 6.1 Permitted Uses ...................................................................................................................................................... 53 6.2 Lot, Building and Structure Requirements ................................................................................................ 55 6.3 Site Specific Exceptions for Permitted Uses .............................................................................................. 58 6.4 Site Specific Exceptions for Lot, Building and Structure Requirements ........................................ 70 7.0 Residential Zones ..................................................................................................................................... 80 7.1 Permitted Uses ...................................................................................................................................................... 80 7.2 Lot, Building and Structure Requirements ................................................................................................ 81 7.3 Site Specific Exceptions for Permitted Uses .............................................................................................. 82 7.4 Site Specific Exceptions for Lot. Building and Structure Requirements ........................................ 84 8.0 Commercial Zones ................................................................................................................................... 98 8.1 Permitted Uses ...................................................................................................................................................... 98 8.2 Lot, Building and Structure Requirements ............................................................................................. 100 8.3 Site Specific Exceptions for Permitted Uses ........................................................................................... 102 8.4 Site Specific Exceptions for Lot, Building and Structure Requirements ..................................... 103 9.0 Industrial Zones..................................................................................................................................... 105 9.1 Permitted Uses ................................................................................................................................................... 105 9.2 Lot, Building and Structure Requirements ............................................................................................. 106 9.3 Site Specific Exceptions for Permitted Uses ........................................................................................... 107 9.4 Site Specific Exceptions for Lot, Building and Structure Requirements ..................................... 110 10.0 Institutional Zone ............................................................................................................................... 113 10.1 Permitted Uses ................................................................................................................................................. 113 10.2 Lot, Building and Structure Requirements........................................................................................... 114 10.3 Site Specific Exceptions for Permitted Uses ........................................................................................ 115 10.4 Site Specific Exceptions for Lot, Building and Structure Requirements .................................. 116 11.0 Open Space Zone ................................................................................................................................. 117 11.1 Permitted Uses ................................................................................................................................................. 117 11.2 Lot, Building and Structure Requirements........................................................................................... 118 11.3 Site Specific Exceptions for Permitted Uses ........................................................................................ 118 11.4 Site Specific Exceptions for Lot, Building and Structure Requirements .................................. 119 12.0 Mobile Home Park Zone ................................................................................................................... 121 12.1 Permitted Uses ................................................................................................................................................. 121 Township of Wainfleet Comprehensive Zoning By-law SGL Planning & Design Inc. Consolidated June 2024 vi 12.2 Lot, Building and Structure Requirements........................................................................................... 122 12.3 Site Specific Exceptions for Permitted Uses ........................................................................................ 123 12.4 Site Specific Exceptions for Lot, Building and Structure Requirements .................................. 124 13.0 Overlay Zones ...................................................................................................................................... 125 13.1 Permitted Uses ................................................................................................................................................. 125 14.0 Holding Zone ........................................................................................................................................ 128 15.0 Maps ........................................................................................................................................................ 131 Appendix A ..................................................................................................................................................... 132 Township of Wainfleet Comprehensive Zoning By-law SGL Planning & Design Inc. Consolidated June 2024 vii Tables Table 1: Street Setback Requirements ..................................................................................................................... 37 Table 2: Accessory Building Requirements ............................................................................................................ 43 Table 3: Parking Requirements .................................................................................................................................... 47 Table 4: Loading Requirements .................................................................................................................................... 51 Table 5: Permitted Uses in the Agricultural and Rural Zones ........................................................................ 53 Table 6: Regulations applying to Agricultural Zones .......................................................................................... 55 Table 7: Permitted Use Exceptions ............................................................................................................................. 59 Table 8: Lot and Building and Structure Exceptions .......................................................................................... 70 Table 9: Permitted Uses in the Residential Zones .............................................................................................. 80 Table 10: Regulations applying to Residential Zones ....................................................................................... 81 Table 11: Permitted Use Exceptions .......................................................................................................................... 83 Table 12: Lot and Building and Structure Exceptions ........................................................................................ 84 Table 13: Permitted Uses in the Commercial Zones .......................................................................................... 98 Table 14: Regulations Applying to Commercial Zones .................................................................................. 100 Table 15: Permitted Use Exceptions ....................................................................................................................... 102 Table 16: Lot and Building and Structure Exceptions ..................................................................................... 104 Table 17: Permitted Uses in the Industrial Zones ............................................................................................. 105 Table 18: Regulations Applying to Industrial Zones ........................................................................................ 106 Table 19: Permitted Use Exceptions ....................................................................................................................... 108 Table 20: Lot and Building and Structure Exceptions ..................................................................................... 111 Table 21: Permitted Uses in the Institutional Zone .......................................................................................... 113 Table 22: Regulations applying to the Institutional Zone .............................................................................. 114 Table 23: Permitted Use Exceptions ....................................................................................................................... 116 Table 24: Lot and Building and Structure Exceptions ..................................................................................... 116 Table 25: Permitted uses in the Open Space Zones ...................................................................................... 117 Table 26: Regulations applying to the Open Space Zone ............................................................................ 118 Table 27: Permitted Use Exceptions ....................................................................................................................... 119 Table 28: Lot and Building and Structure Exceptions ..................................................................................... 120 Table 29: Permitted Uses in the Mobile Home Park Zone ........................................................................... 121 Table 30: Regulations applying to the Mobile Home Park Zone ............................................................... 122 Table 31: Permitted Use Exceptions ....................................................................................................................... 124 Table 32: Lot and Building and Structure Exceptions ..................................................................................... 124 Table 33: Permitted Uses in the Overlay Zones ................................................................................................ 125 Table 34: Holding Zone Provisions .......................................................................................................................... 128 Township of Wainfleet Comprehensive Zoning By-law Section 1: How to Read this By-law SGL Planning & Design Inc. Consolidated June 2024 1 WAINFLEET ZONING BY-LAW 1.0 HOW TO READ THIS BY-LAW This introduction explains how to read and use this Zoning By-law and is solely for the purpose of assisting the reader. Readers unfamiliar with zoning by-laws are encouraged to read this introduction. This introduction does not constitute a legal part of this By-law. All lands within the Township of Wainfleet correspond to a zone category described in Sections 6 through 12 of this zoning by-law. These zone categories consist of broad land use categories including: Agricultural, Residential, Commercial, Industrial, Institutional, Open Space and Mobile Home Park Zones. Sections 6 through 12 set out the requirements of each zone including the permitted uses, the lot area requirements and the restrictions on where buildings and structures can be situated on a lot. The location and boundary of each zone is shown on the maps (1-40) found in Section 15, at the end of this by-law. Within each of the zone categories, multiple zones are described. At the beginning of each of the zone categories (i.e., Sections 6 through 12), the permitted uses for each zone are laid out in a table format, with any additional qualifications listed directly following the table. Each zone also contains a table setting out requirements for lots, buildings and structures which address such matters as lot area, lot frontage, yard setbacks, and building height among other matters. For some zones, these requirements are set out according to different uses. In other zones, these requirements are set out for the zone as a whole. In addition to the provisions for each zone, there are some requirements that apply to all zones, such as provisions pertaining to accessory structures and parking requirements. These general provisions and parking provisions are found in Sections 4 and 5 respectively. There are also provisions that apply only to an individual property or a small group of properties, and these are called site specific exceptions. These site specific exceptions are listed in tables at the end of each zone category (i.e. the last subsection in each of Sections 6 through 12). There are also four overlay zones as follows: - Hazard; - Fish Habitat; - Environmental Protection; and - Environmental Conservation Overlay Zones. Township of Wainfleet Comprehensive Zoning By-law Section 1: How to Read this By-law SGL Planning & Design Inc. Consolidated June 2024 2 These overlay zones apply in addition to the underlying zones. These overlay zones restrict development subject to certain explicit requirements as detailed in Section 13 of this by-law. If the requirements of the overlay zones are satisfied, then development according to the provisions of the underlying zones may be permitted. When reviewing the Maps in Section 15, each zone is denoted on the maps by a single symbol - i.e. 'A1'. Site Specific Zoning (Exceptions) Properties to which a site specific exception applies are denoted by a zone symbol and a site specific exception (which follows a dash) - i.e. 'A1-219'. All such specific exceptions are listed in tables at the end of each zone. Residential Lakeshore - Maximum Lot Coverage In the Residential Lakeshore zone, the maps also denote the maximum lot coverage. The maximum lot coverage is denoted by the number directly following the "c" in the symbol - i.e. 'RLS.c25'. In this example, the maximum lot coverage for the property is 25%. High Aquifer Vulnerability Area In addition to the zone maps, map 41 shows areas of High Aquifer Vulnerability. In these areas, additional restrictions apply to certain uses. These restrictions are found in Section 4.30. The recommended process to verify the zoning applicable to a property is to: a) Locate the property on the maps in Section 15 and identify which zone it is in; b) Determine which zone category and section of the by-law that this zone is described in; c) Review the permitted uses applicable to that zone that are contained in the "Permitted Uses" table at the beginning of each Section 6 through 12; d) Review the zone provisions applicable to that zone. These are contained in the "Lot, Building and Structure Requirements" table in the second subsection of each Section 6 through 12; e) Review any applicable site specific exceptions contained at the end of the corresponding zones section. If a property is subject to a site specific exception, it will be indicated on the maps in Section 15; f) Determine if any Overlay Zones (i.e. Hazard, Fish Habitat, Environmental Protection, and/or Environmental Conservation) apply to the property and review the relevant provisions in Section 13 that apply to the applicable Overlay Zones. Township of Wainfleet Comprehensive Zoning By-law Section 1: How to Read this By-law SGL Planning & Design Inc. Consolidated June 2024 3 g) Review the applicable general provisions and parking regulations in Sections 4 and 5; h) Review Map 41 to determine if the property falls into either an area of Aquifer Vulnerability and, if so, review the additional provisions in Section 4.30; and i) Contact the Township to ensure up-to-date information and whether the property is subject to any variances. Township of Wainfleet Comprehensive Zoning By-law Section 2: Administration SGL Planning & Design Inc. Consolidated June 2024 4 2.0 ADMINISTRATION 2.1 Title This By-law may be cited as "The Zoning By-law for the Township of Wainfleet". 2.2 Defined area This By-law applies to all land within the boundaries of the Township of Wainfleet, described as the area bounded by Lake Erie to the south, Wainfleet Dunnville Townline Road (and the extension thereof) to the west, the Welland River to the north, and Port Colborne Wainfleet Townline Road North and South (and the extension thereof) to the east. 2.3 Purpose The purpose of this By-law is: a) to regulate the use of land, buildings and structures, and to regulate the construction and alteration of buildings and structures by statutory authority granted by the Ontario Planning Act; and b) to implement the policies of the Township of Wainfleet Official Plan. 2.4 Zones 2.4.1 Establishment of Zones and Overlay Zones The following zones are established within the Township of Wainfleet, and such zones may be referred to by the appropriate symbols: ZONES SYMBOLS Agricultural Transition A1 Agricultural A2 Specialty Crop A3 Rural A4 Residential Hamlet RH Residential Lakeshore RLS Hamlet Commercial C1 Tourist Commercial C2 Resort Recreational Commercial C3 Industrial M1 Extractive Industrial M2 Institutional I Open Space O Mobile Home Park MHP Township of Wainfleet Comprehensive Zoning By-law Section 2: Administration SGL Planning & Design Inc. Consolidated June 2024 5 In addition to the above zones, the following four Overlay Zones, which are shown with shading and or hatching on maps 1 to 40, apply within the Township of Wainfleet: Environmental Protection Hazard Environmental Conservation Fish Habitat. 2.4.2 Establishment of Holding Zones Pursuant to Section 36 of the Planning Act, Holding Zones are hereby established by the use of the symbol "(H)" as a suffix to the zone symbol in subsection 2.4.1. For lands subject to the symbol "(H)", only those uses, buildings and structures in existence at the time of the passing of the by-law applying the "(H)" will be permitted and no building or structure shall be altered or erected until the "(H)" symbol is removed by amendment to the by-law. The requirements for lifting each Holding zone are set out in Section 14. 2.4.3 Zoning Maps a) Maps 1 to 41 in Section 15, together with notations and references shown thereon, form part of this by-law. The extent and boundaries of all zones and overlay zones are shown on Maps 1 to 40, and all such zones are hereby defined as areas to which the provisions of this By-law shall apply. b) A number following a dash "-" after a zone symbol on Map 1 - 40 indicates the number of the site specific exception applying to that property or group of properties. c) A number following the letter "c" after a zone symbol denotes the lot coverage on properties in the Residential Lakeshore zone. d) Map 41 provides additional information for the implementation of Section 4.30. 2.5 Interpretation 2.5.1 General a) In their interpretation and application, the provisions of this By-law shall be held to be the minimum requirements adopted for the promotion of the public health, safety, convenience or general welfare. Whenever the requirements of this By- law are at variance with the requirements of any other By-law, the most restrictive, or the By-law imposing the higher standards, shall govern and apply. b) Nothing in this By-law shall be construed to exempt any person from complying with the requirements of the Ontario Building Code, Ontario Fire Code or the requirements of any By-law of the Township or the Regional Municipality of Niagara, or from any law of the Province of Ontario or of Canada, or any Township of Wainfleet Comprehensive Zoning By-law Section 2: Administration SGL Planning & Design Inc. Consolidated June 2024 6 regulation under the provisions of the Conservation Authorities Act of a Conservation Authority having jurisdiction or the obligation to obtain any licence, permit, authority or approval required under any By-law of the Municipality; and c) Notwithstanding the minimum lot coverage and lot area requirements of this by- law, a lower lot coverage or a larger minimum lot area may be required in order to accommodate onsite septic systems in compliance with the Ontario Building Code. Nothing in this by-law shall be construed to exempt any person from complying with the requirements of the Ontario Building Code for septic systems. d) Where the dimensions of any zone on the maps in Section 15 are in question, the map to the amending By-law shall be taken as correct. 2.5.2 Zone Boundaries When determining the boundary of any zone, as shown on any map of this By-law, except for overlay zones, the following provisions shall apply: a) A boundary indicated as following a highway, street, lane or right-of-way shall be the centre of such highway, street, lane or right-of-way; b) A boundary indicated as following a watercourse, creek, stream or the right-of- way of a railway or an electrical, gas or oil transmission line shall be the centre line of such watercourse, creek, stream or right-of-way; c) A boundary indicated as following a shoreline shall follow such shoreline, and in the event of change in the shoreline, the boundary shall be construed as moving with the actual shoreline; d) A boundary indicated as approximately following lot lines shown on a registered plan of subdivision or municipal lot lines shall follow such lot lines; e) Where a boundary is indicated as approximately parallel to a street line or other feature indicated in clauses (a), (b) or (c) of this subsection, and the distance from such street line or other feature is not indicated, and clause (d) above is not applicable, such boundary shall be construed as being parallel to such street line or other feature, and the distance there from shall be determined according to the scale shown on the appropriate map in Section 15; f) A boundary indicated as following the limits of the Municipality shall follow such limits; Township of Wainfleet Comprehensive Zoning By-law Section 2: Administration SGL Planning & Design Inc. Consolidated June 2024 7 g) The limit of any Map forming part of this By-law, as shown on the Key Map of such Map, shall not be deemed to be the boundary of the zone unless a zone boundary is delineated along the limit of the map; and h) The boundary of overlay zones may be revised without amendment to this by- law through the process set out for each overlay zone. Where the overlay zone is reduced, the underlying zone shall apply. 2.5.4 Municipal Road Closing In the event a dedicated street or lane shown on any map forming part of this By-law is closed, the lands formerly in such street or lane shall be included within the zone of the adjoining property on either side of such closed street or lane. If a closed street or lane is the boundary between two or more different zones, the new zone boundaries shall be the former centre line of the closed street or lane. 2.5.5 Certain Words In this By-law the word "shall" means mandatory. 2.5.6 More Than One Zone on a Lot Where a lot has more than one zone applied thereon, all provisions in the pertinent zone shall be satisfied on each such portion of the lot so zoned. 2.5.7 Overlay Zones a) In overlay zones, described in Section 13, development is restricted in hazardous lands, including flooding hazards, erosion hazards and dynamic beach hazards under the Hazard Overlay. Development is also restricted in significant natural heritage features and areas including but not limited to woodlands, wetlands, valleylands and significant habitats under the Fish Habitat Overlay, Environment Protection Overlay and the Environmental Conservation Overlay. b) Where a lot is subject to an overlay zone, the provisions of the overlay zone supersede the provisions of the underlying zone. Where the overlay zone is reduced in extent through the process set out for each overlay zone, the provisions of the underlying zone shall apply. c) Where a Hazard Overlay Zone covers a portion of a lot, that portion may be used in the calculation of any lot coverage or lot frontage provision. 2.5.8 Permitted and Prohibited Uses All uses of land and the erection or use of any building or structure shall be considered a prohibited use unless specifically listed as permitted use in one or more zones of this By- law or as set out as a permitted use in Section 4.2. Additional prohibited uses are set out in Section 4.4. Township of Wainfleet Comprehensive Zoning By-law Section 2: Administration SGL Planning & Design Inc. Consolidated June 2024 8 2.5.9 Definitions a) Throughout this By-law, any italicized word is defined in Section 3 to provide clarity and ensure that the By-law and its intent are applied consistently. b) Where a use is defined, it shall not be interpreted to include any other defined use unless it is stated in the definition to the contrary. 2.5.10 Illustrations Any illustrations throughout this By-law, as well as examples and margin notes, are for clarification and convenience purposes only and are not part of this By-law. 2.6 Scope and Effect No person shall use any land or erect or use any building or structure except in conformity with the provisions of this By-law respecting the Zone: a) in which such land, building or structure is located, or b) in which it is proposed to use any land or to erect or use any building or structure. 2.7 Zoning Administration This By-law is to be administered by the Manager of Planning, or in his/her absence by such other employees of the Municipality as designated by the Clerk and if no specific person is designated then the Clerk is automatically designated. 2.8 Restrictions on Changes a) The purpose for which any land, building or structure is used shall not be changed, no new building or structure or addition to any existing building or structure 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. b) Notwithstanding the provisions of clause (a) of this subsection, no person shall be deemed to have contravened any provision of this By-law if only a part or parts of any lot or parcel has or have been conveyed to or acquired by the Township, Regional Municipality of Niagara, Her Majesty in the Right of Ontario, or Her Majesty in the Right of Canada. 2.9 Restoration to a Safe Condition Nothing in this By-law shall prevent the strengthening or restoration of any building or structure to a safe condition, provided that such strengthening or restoration will not Township of Wainfleet Comprehensive Zoning By-law Section 2: Administration SGL Planning & Design Inc. Consolidated June 2024 9 increase the height, area or volume of such building or structure so as to contravene the provisions of this By-law. 2.10 Certificate of Occupancy a) No land is to be used or occupied, and no building or structure which has been erected or altered is to be used or changed in use, in whole or in part, until a Certificate of Occupancy has been issued by the Chief Building Official and/or Manager of Planning stating that the proposed use and occupancy of such land, building or structure complies with the provisions of this By-law. b) No permit for the use of any land, no building permit or other permit for the use or erection of any building or structure, no Certificate of Occupancy and no approval of any application for any municipal license is to be issued or given where the proposed use, building or structure is contrary to the provisions of this By-law. c) A Certificate of Occupancy is to be applied for coincident with an application for a Building Permit. d) Every application for a Certificate of Occupancy: i) is to be accompanied by plans, in duplicate, drawn to a scale of either 1:100 or 1:200, or as required by the Manager of Planning, or designate, based upon an actual survey by an Ontario Land Surveyor and showing: (A) the true shape and dimensions of the lot or any part thereof to be used, or upon which it is proposed to erect or alter any building or structure; (B) the proposed location, height and dimensions of the building, structure or work in respect of which the permit is applied for; (C) the location of every building or structure already erected on or erected partly on such lot; and (D) the proposed location of parking spaces, loading spaces, driveways, and landscaping areas, and such other information as the Zoning Administrator considers necessary to determine whether every such building, structure or work conforms with the requirements of this By-law. ii) Is to be signed by the registered owner of the lot, or by the registered owner's agent duly authorized in writing and filed with the Zoning Administrator, and Township of Wainfleet Comprehensive Zoning By-law Section 2: Administration SGL Planning & Design Inc. Consolidated June 2024 10 iii) is to set forth in detail: (A) the current and proposed use of the lot and each building or structure, or part of each building or structure, and (B) all such information as the Zoning Administrator may require to determine whether every such proposed use of land, building or structure conforms with the requirements of this By-law. e) The lot and the location of every building or structure to be erected thereon is to be staked out on the ground before construction is commenced. f) No excavation for any building or structure is to be commenced until a Building Permit has been issued by the Building Inspector. g) The lack of a survey, or a mistake or an error or omission by any person required to comply with the provisions of this By-law does not relieve that person from liability for failure to comply with the provisions of this By-law. 2.11 Inspection of Premises The Manager of Planning, or any official or employee of the Municipality acting under his or her direction, is hereby authorized to enter, at all reasonable hours, upon any property or premises in or about which there is reason to believe that provisions of this By-law are not being complied with, and for the purpose of carrying out his or her duties under this By-law. 2.12 Repeal of Preceding By-laws a) The provisions of By-law 581-78 of the Township of Wainfleet, and the associated amendments, are repealed in the areas that are covered by this By- law. All relevant and valid site specific exceptions from by-law 581-78 have been consolidated into this by-law. b) All minor variances approved under by-law 581-78 remain in effect for two years after the approval of this by-law, after which time, any use, building or structure permitted by the minor variance that is not in conformity with the new by-law becomes legal non-conforming. 2.13 Validity Every provision of this By-law is declared to be severable from the remainder of the By- law, and if any provision of this By-law shall be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder thereof. Township of Wainfleet Comprehensive Zoning By-law Section 2: Administration SGL Planning & Design Inc. Consolidated June 2024 11 2.14 Effective Date This By-law shall come into force and take effect upon being passed by Council. 2.15 Technical Changes Provided that the purpose, effect, intent, meaning and substance of this By-law are in no way affected, the following technical revisions to this By-law are permitted without a zoning by-law amendment: a) Changes to the numbering, cross-referencing, format and arrangement of the text, tables and maps; b) Additions to and revisions of technical information on maps including, but not limited to: infrastructure and topographic information, notes, legends, shading and title blocks; c) Alterations of punctuation; and d) Correction of grammatical, dimensional, boundary, mathematical or typographic errors. Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 12 3.0 DEFINITIONS In interpreting the by-law, the following definitions apply. Words used in the present tense include the future tense and the converse and words used in the plural number include the singular number and the converse. Accessory Agricultural Activities means equipment maintenance and activities required to produce market ready commodities including washing, sorting, drying, packing, and packaging of agricultural products. Accessory Building or Structure a) means a building or structure naturally and normally incidental to, subordinate to or exclusively devoted to a principal use or building and located on the same lot as the principal building or use, and b) includes a detached private garage, a detached carport, secondary suite or garden suite. Accessory Use means a use naturally and normally incidental to, subordinate to or exclusively devoted to a principal use and located on the same lot as the principal use. Agricultural Use means the growing of crops, including nursery and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures. Agricultural uses include value retention uses required to make a commodity saleable (i.e. corn dryer, washing, sorting, packing, and packaging). Agri-tourism uses related to agriculture means uses that are considered secondary uses to a farm operation that involve tourist uses that have a direct relationship to the agricultural uses on the farm or surrounding farm uses. Such uses may include farm-mazes, animal petting and seasonal festivals (for example, strawberry social, pumpkin festival, maple syrup event). Animal Unit means a type of livestock or poultry contained on a farm lot and which on an annual basis (365 Days) equals the following number of livestock or poultry: 1 dairy cow (plus calf) 1 animal unit 1 beef cow (plus calf) 1 animal unit 1 bull 1 animal unit Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 13 1 horse 1 animal unit 4 sheep (plus lambs) 1 animal unit 4 sows (plus litter weaning) 1 animal unit 125 laying hens 1 animal unit 100 female mink (+associated males and kits) 1 animal unit 40 female goats (plus kids) 1 animal unit 20 female fox (+associated males and kittens) 1 animal unit 125 female chinchilla (+associated males and kittens) 1 animal unit Market Basis (as Marketed) 2 beef feeders (gain 180-500 kg) 1 animal unit 4 beef feeders (gain 180-340 kg) 1 animal unit 4 beef feeders (gain 340-500 kg) 1 animal unit 15 hogs (gain 18-90 kg) 1 animal unit 1000 broiler chickens or roasters (2 kg. approx.) 1 animal unit 300 turkey broilers (5-5.5 kg) 1 animal unit 150 heavy turkey hens (8.5-9 kg) 1 animal unit 100 heavy turkey toms (13.5-14.5 kg) 1 animal unit 40 veal calves (gain 40-136 kg) 1 animal unit 1000 pullets 1 animal unit Attic means the space between the roof and the ceiling of the top storey or between a knee wall and a sloping roof. Automobile Sales Establishment means a building or area of land where new or used motor vehicles are kept for display, sale and/or lease. Automotive Service Garage means a building or place where motor vehicles are serviced or repaired. Automotive Service Station/Gas Bar means a building or place used for the dispensing of motor vehicle fuels and accessories and may include an accessory convenience store. Average Finished Grade means the grade of the lot calculated as the average of all grades adjacent to each exterior wall of the building. Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 14 Basement means that portion of a building between two floor levels which is partly underground but which has at least half of its height, from finished floor to underside of the floor joists of the next above storey, located above the adjacent average finished grade and where the height from finished grade to the underside of the floor joists of the next storey above is less than 2 metres. Bed and breakfast means the use of a single detached dwelling for the rental of rooms to the traveling public for overnight accommodation on a temporary basis. Boarding or Rooming House a) means a dwelling in which lodging with or without meals is supplied for gain to three (3) or more persons other than the lessee, tenant or owner of said dwelling, or any member of his family, but b) does not mean or include a motel or hotel, bed and breakfast, hospital or similar commercial or institutional use. Bona fide Farm Operation means a farm operation that is operated by an individual who: a) owns, is employed on, and manages a farm operation; b) spends a majority of his/her working time on the farm operation and is available to work on the farm when required by the farm operation; c) demonstrates a continuing commitment to the farm operation, such as through farm maintenance practices, and investment in equipment, buildings, and crops; and d) for the purposes of this definition, a farmer is defined as the principal operator of the farm operation together with his/her spouse, sons and/or daughters. Building means a structure having a roof supported by columns or walls or supported directly on the foundation and used or intended for use as shelter or accommodation for persons, animals or goods and does not include any vehicle as defined herein. Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 15 Cannabis Production Facility means any land, building or structure used for growing, producing, processing, testing, destroying, storing, packaging and/or shipping of cannabis for medical or non-medical purposes but does not include the growing, producing and processing of four (4) or less cannabis plants on a lot for personal use or the retailing of cannabis or cannabis products under a retail operator license issued under the Cannabis License Act, 2018. Carport means a building or structure or part thereof, at least forty percent (40%) of the area of the perimeter faces of which are open and unobstructed by any wall, door, post or pier a) which is used for the temporary parking or storage of private passenger motor vehicles or commercial vehicles of less than one (1) tonne maximum capacity, and b) wherein neither servicing nor repairing is carried on for profit. Cellar means that portion of a building between two floor levels, which, from finished floor to underside of the floor joists of the next above storey, is more than 50% below average finished grade. Cemetery means land set aside to be used for the interment of human remains and includes a mausoleum, columbarium or other structure intended for the interment of human remains. Commercial means the use of land, building or structure for the purpose of buying and/or selling commodities, and supplying of services as distinguished from such uses as manufacturing or assembling of goods, warehousing, transport terminals, construction and other similar uses. Commercial Club means any club other than a private club. Commercial Vehicle means a motor vehicle used or intended to be used for business, employment or commercial purposes and includes but is not limited to a bus, catering or canteen truck, tow truck, dump truck, tractor trailer, ambulance, hearse, taxi or other similar vehicle. By-law 020-2024 Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 16 Conservation Use means the use of land and/or water for the purpose of planned management of natural resources. Convenience Retail Store means an establishment where food, tobacco, drugs, periodicals or similar items of household necessity are kept for retail sale to residents of the immediate neighbourhood in which such establishment is located. Council means the Council of the Corporation of the Township of Wainfleet. Custom Workshop means a building, or part of a building, used by a trade, craft or guild for the manufacture in small quantities of made-to-measure clothes or articles and includes upholstering but does not include metal spinning, woodworking or furniture manufacture, or any factory production or any shop or factory otherwise classified or defined in this By-law. Day Nursery means a premises that receives more than five children who are not all of common parentage, primarily for the purpose of providing temporary care, or guidance, or both temporary care and guidance, for a continuous period not exceeding twenty-four hours, where the children are, a) under eighteen years of age in the case of a day nursery for children with a developmental disability, and b) under ten years of age in all other cases. Drainage Works means a drain constructed by any means, including the improving of natural watercourses, and includes works necessary to regulate the water table or water level within or on any lands or to regulate the level of the waters of a drain, reservoir, lake or pond, and includes a damn, embankment, wall, protection works or any combination thereof. Dry Cleaning Depot means premises in which articles of fabric are dropped off, stored or picked-up by members of the public, but does not include a dry cleaning facility. Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 17 Dry Cleaning Facility means premises in which articles of fabric are subjected to the process of dry cleaning, dry dyeing or cleaning in a laundry plant and for the pressing and distribution of any such articles or goods that have been subjected to such process. Dwelling means a separate building containing one or more dwelling units. Dwelling, Converted means a single detached dwelling altered to contain three or more dwelling units. Dwelling, Duplex means a separate building of two (2) or more storeys divided horizontally into not more than two (2) dwelling units. Dwelling, Single Detached means a separate building containing not more than one dwelling unit. Dwelling, Semi-Detached means a separate building divided vertically into not more than two (2) dwelling units, and which dwelling units may be held in separate ownership. Dwelling Unit means one or more rooms designed and used or intended to be used as a home by 1 or more persons and usually containing cooking, living, sleeping and sanitary facilities, and does not mean or include a tent, trailer, mobile home, or a room or suite of rooms in a boarding or rooming house or in a hotel or motel. Dynamic Beach Hazard means areas of inherently unstable accumulations of shoreline sediments along the Great Lakes - St. Lawrence River System and large inland lakes, as identified by provincial standards, as amended from time to time. The dynamic beach hazard limit consists of the flooding hazard limit plus a dynamic beach allowance. Erect means, with reference to a building or structure, to build, construct, reconstruct or enlarge, and includes: a) any physical operation such as excavating, filling, grading or draining preparatory to building, construction, reconstruction, and b) the moving of a building or structure from one location to another. Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 18 Erected and erection have a corresponding meaning. Erosion Hazard means the loss of land, due to human or natural processes, that poses a threat to life and property. The erosion hazard limit is determined using considerations that include the 100 year erosion rate (the average annual rate of recession extended over an one hundred year time span), an allowance for slope stability, and an erosion/erosion access allowance. Existing means a use, building, structure or lot in existence on the date of the passing of this by-law. Farm Help-House means a temporary removable structure, which may include a motor home or trailer, that is used for accommodation by only seasonal or full-time employees of the farm operation where the help-house is located. Farm Operation means a farm business or operation occurring on one or more properties owned and /or leased by a farmer and used for the growing of crops and / or raising of livestock. Farm Produce Outlet means a building or structure accessory to a farm where farm products which are grown on the farm are offered for retail sale on the same lot as the farm. Farm Supply and Service Establishment means the use of land and/or buildings or structures for the provision of goods, materials or services that are necessary to support an agricultural use as defined in the by-law and without limiting the generality of the foregoing shall include such goods and services as machinery sales and service, welding, contracting trades related to agriculture, custom equipment operations, veterinary services and processing and storage of seed, feed, fertilizer and agricultural chemicals. Floor Area, Gross means the total area of all storeys above grade measured between the outside surfaces of exterior walls or between the outside surfaces of exterior walls and the centre line of firewalls, including the space occupied by interior walls and partitions but excluding exits, vertical service spaces that pierce a storey, parking spaces within a building, and mechanical rooms in non-residential buildings. The walls of an inner court shall be deemed to be exterior walls. Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 19 Floor Area, Ground means the gross floor area of the lowest storey of a building approximately at or first above the finished grade level excluding any basement, cellar or sub-cellar . Flooding Hazard means the inundation, under the conditions specified below, as areas adjacent to a shoreline or a river or stream system and not ordinarily covered by water: a) Along the shoreline of Lake Erie and large inland lakes, the flooding hazard limit is based on the one hundred year flood level plus an allowance for wave uprush and other water-related hazards; b) Along river, stream and small inland lake systems, the flooding hazard limit is the one hundred year flood. Funeral Home means a premise designed for the purpose of providing funeral supplies and service to the public and includes facilities intended for the preparation of corpses for interment or cremation. Garage, Private means a building or part thereof used for the temporary parking or storage of private passenger motor vehicles or commercial vehicles of less than one tonne maximum capacity and wherein neither servicing or repairing is carried on for remuneration. Garden suite means a dwelling unit containing bathroom and kitchen facilities that is ancillary to an existing dwelling on a lot and that is designed to be portable. Golf Course means a public or private area operated for the purpose of playing golf and includes all normal accessory uses including a driving range and/or clubhouse only as accessory uses to a golf course. Greenhouse, Commercial means a building for the growing of flowers, plants, shrubs, trees and similar horticultural crops, and shall include the wholesale or retail sale of the flowers, plants, shrubs, trees and similar horticultural crops produced on the premises but shall not be construed to include a garden centre or landscaping business. Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 20 Greenhouse means a building for the growing of plants, shrubs, trees and similar horticultural crops. Group Home means a supervised single dwelling unit for the accommodation of persons, who by reason of their emotional, mental, social or physical condition or legal status require a group living arrangement for their well-being, and the members of the group are referred by a hospital, court, government agency, recognized social services agency or health professional. Habitable Room means a room in a dwelling used or intended to be used primarily for human occupancy, but does not include a bathroom, toilet room, serving or storage pantry, laundry and corridor. Height means, with reference to a building, the vertical distance measured from the average finished grade level of such building to: a) in the case of a flat roof, the highest point of the roof surface, or the parapet, whichever is the greater, and b) in the case of a pitched roof, the top of the ridge, but in calculating the height of a building, any construction used as ornament or for the mechanical operation of the building, such as a mechanical penthouse, or a chimney, tower, cupola or steeple, is not to be included. High Aquifer Vulnerability means areas of groundwater that can be easily changed or impacted by activities or events, either by virtue of their vicinity to such activities or events or by permissive pathways between such activities and the surface and/or groundwater. Home Industry means a small scale use, providing a service primarily to the rural or farming community and which is accessory to a single detached dwelling or agriculture operation and performed by one or more residents of the household on the same property. A home industry may be conducted in whole or in part in an accessory building and may include a carpentry shop, a metal working shop, a welding shop, an electrical shop or blacksmith's shop, etc., but does not include an auto repair or paint shop, or furniture stripping. By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 21 Home Occupation means an occupation, which provides a service as an accessory use within a single detached dwelling or in an addition to the dwelling or in an accessory building, performed by one or more residents of the household on the same property. Such occupations may include services performed by an accountant, architect, auditor, dentist, medical practitioner, engineer, insurance agent, land surveyor, lawyer, realtor, planner, hairdresser, desk top publisher or word processor, computer processing provider, teacher or day care provider. Intensive Animal Operation means the use of land, buildings or structures for the raising of fowl or animals where the number of animal units, housed or marketed per year (whichever is greater), exceeds 2.5 animal unit for each hectare of land used for such purpose. Kennel means a building, structure or premises or any part thereof in which domesticated animals are raised or kept for profit, gain or show, and shall also include a boarding or grooming kennel and an animal shelter run by the Township or a related organization. Landscaping Area means an area not built upon and not used for any purpose other than as a landscaped area which may include grass, shrubs, flowers, trees and similar types of vegetation and paths, walks, patios, fences and similar appurtenances, but does not include parking spaces, parking lots, driveways, or ramps. Legal Non-Conforming means an existing use or building which is not permitted in the zone or does not meet the regulations of the zone in which it is located and which legally existed prior to the change in the zoning by-law. Loading Space means an area provided for the temporary parking of one commercial vehicle while merchandise or materials are being loaded or unloaded from such vehicle. Lot means a parcel or tract of land: a) which i) is a whole lot as shown on a Registered Plan of Subdivision, but a Registered Plan of Subdivision for the purposes of this paragraph does not include a Registered Plan of Subdivision which has been deemed not Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 22 to be a Registered Plan of Subdivision under a By-law passed pursuant to The Planning Act, or ii) is a separate parcel of land without any adjoining lands being owned by the same owner or owners as of the date of the passing of this By-law; or iii) the description of which is the same as in a deed which has been given consent pursuant to The Planning Act, or iv) is the whole remnant remaining to an owner or owners after a conveyance made with consent pursuant to The Planning Act; and b) which fronts on a street that has been opened, improved, maintained and assumed for public use by the Municipality, the Regional Municipality of Niagara or the Province of Ontario unless such street is within a Plan of Subdivision registered pursuant to The Planning Act, and in accordance with any requirements under The Registry Act or The Land Titles Act, after the date of passing of this By-law, in which case the responsibility for such street for public use is not required to have been accepted or assumed by the Municipality pursuant to the Municipality entering into a subdivision agreement for the purpose of this paragraph; or c) which fronts on a private street and meets the following requirements: i) the private street on which the parcel fronts; A) has a paved or gravel surface that is 6 metres or greater in width; B) contains a turnaround or second access to a street if the private street is greater than 90 metres in length; C) contains a second access to a street if the private street is greater than 200 metres in length; ii) the property owners abutting the private street have a joint maintenance agreement to maintain the private street; and iii) the parcel legally existed prior to the passing of this by-law. Lot Area means the total horizontal area within the lot lines of a lot. Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 23 Lot, Corner means a lot situated at the intersection of 2 or more streets or upon 2 parts of the same street having an interior angle of intersection not exceeding 135 degrees. Lot Coverage means: a) that percentage of the lot area covered by all buildings above ground level, but b) does not include that portion of the lot area which is occupied by a building or portion thereof which is completely below ground level, uncovered decks, uncovered porches, pergolas, ornamental structures such as mailboxes or birdhouses and outdoor swimming pools; c) the lot coverage in each zone applies and shall be deemed to apply to only that portion of such lot that is located within said zone; and d) the portion of a lot in a Hazard Overlay Zone shall be included in the calculation of lot coverage. However, in the case of a lot abutting Lake Erie, regardless of the location of any Hazard Overlay Zone, the lot area used in the calculation of the lot coverage shall be exclusive of any portion of the lot on the waterside of any shorewall, or alternately where no shorewall exists, of the dynamic beach hazard. Lot Frontage means 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 by a line 9 metres back from and parallel to the chord of the lot frontage, and for the purpose of this paragraph, the chord of the lot frontage is a straight line joining the two (2) points where the side lot lines intersect the front lot line. Lot, Interior means a lot other than a corner lot. Lot Line means any boundary of a lot. Lot Line, Front means: a) the lot line that divides the lot from the street, but By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 24 b) in the case of a corner lot the shorter street line shall be deemed to be the front lot line and the longer street line shall be deemed to be a side lot line, but c) in the case of a corner lot with two (2) street lines of equal length, the lot line that abuts the wider street, or abuts a Regional Road or Highway shall be deemed to be the front lot line, and in the case of both streets being under the same jurisdiction, or of the same width, the owner of such corner lot may designate either street line as the front lot line. Lot Line, Rear means the farthest lot line opposite the front lot line, or in the case of a triangular lot, shall mean that point formed by the intersection of the side lot lines. Lot Line, Side means the lot lines other than a front lot line or rear lot line. Lot, Through means a lot other than a corner lot, having separate frontages on two streets. Lot of Record means a parcel of land that was registered prior to the date of the passing of this by-law as a legally conveyable parcel of land in the Registry/ Land Titles office. Medical and Dental Clinic means a building or part thereof used by qualified medical practitioners, dentists, osteopaths, or other drugless practitioners. Mobile Home means any vehicle used or intended for the living, sleeping, or eating accommodation of persons therein for permanent year-round use and is 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, whether or not such vehicle is jacked up or that its running gear is removed. Mobile Home Park means an area of land used for the accommodation of mobile homes and shall include all accessory buildings necessary to the operation of the park such as offices, laundry facilities, storage and lockers, etc. Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 25 Mobile Home Site means an area of land within a mobile home park that is or is intended to be occupied by one mobile home, with adequate access to a driveway, private street or street, and for the purposes of this By-law the use of the term "lot" and "street" in the definitions of "Lot area", "Corner lot", "Lot coverage", "Lot frontage", 'Lot line", "Front lot line", "Rear lot line", and "Side lot line" shall be deemed to mean a "mobile home site" and "driveway" respectively. Motel or Hotel means a building or buildings consisting of a number of individual rental units, used for catering to the needs of the travelling public by furnishing sleeping accommodation with or without food. Natural Heritage Feature or Area means features and areas, including significant wetlands, significant coastal wetlands, fish habitat, significant woodlands south and east of the Canadian Shield, significant valleylands south and east of the Canadian Shield, significant habitat of endangered species and threatened species, significant wildlife habitat, and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area. Nursing Home means a building wherein lodging, meals, personal care, nursing services and medical care and treatment are provided for gain or profit or as a charitable public service, licensed under the Long-Term Care Homes Act, 2007, but does not include a hospital. Noxious Use means: a) a use which creates an adverse effect through the generation of noise, vibration, dust, fumes, gas, odour, waste, hazardous waste, emissions, smoke, glare, radiation, electrical interference, or b) any use involving the use or storage of hazardous, toxic, or contaminant substances which constitutes a threat to public health and safety, or c) any combination thereof, but d) excluding normal agricultural and livestock operations and normal aggregate resource operations in a licensed pit or quarry. Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 26 Office means one or more rooms in a building which are used for the conduct of business activity. One hundred year flood for river, stream and small inland lake systems, means that flood, based on an analysis of precipitation, snow melt, or a combination thereof, having a return period of 100 years on average, or having a 1% chance of occurring or being exceeded in any given year. Parking Lot means an area of land used for parking of motor vehicles and which is located on the same lot as the principal use and comprises all parking spaces, of at least the minimum number required according to the provisions of this By-law, and all driveways, aisles, maneuvering areas, entrances, exits and similar areas used for the purpose of gaining access to or egress from the said parking spaces. Parking Space means the area of land devoted to the parking of one motor vehicle and may be located within a private garage, building, carport or covered area. Personal Service Shop means a building or part of a building in which persons are employed in providing services and otherwise administering to the individual and personal needs of persons, and without limiting the generality of the foregoing, includes such establishments as barber shops, beauty parlours, hairdressing shops, shoe repair and shoe shine shops. Pit or Quarry means any pit or excavation made for the removal of any soil, earth, clay, marl, sand, gravel, rock or any similar material but shall not include an excavation incidental to the erection of a building or structure for which a building permit has been granted by a Corporation, or an excavation incidental to the construction of any public works. Place of Worship means a building set aside by any religious organization for public worship, and may include a religious residence, assembly hall, day nursery or religious school associated therewith or accessory thereto. Portable Asphalt Plant means a facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material which: a) includes stockpiling and storage of bulk materials used in the process; and Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 27 b) is not of permanent construction, but is designed to be dismantled and moved to another location as required. Private Club means a building or part of a building used as a meeting place for members of an organization including an athletic, social or recreational club, a lodge, a fraternity, a sorority house, a labour union hall or other similar organization but shall not provide for residential uses. Residential means the use of land, buildings or structures for human habitation. Resort means a commercial establishment that operates throughout all or part of the year, that has facilities for serving meals including indoor/outdoor dining facilities and may include overnight accommodation in guest rooms or guest suites for the travelling public and may include facilities such as conference facilities and meeting rooms, swimming pools, saunas, spas, tennis courts and other similar recreational activities. Restaurant means an establishment where food is offered for sale or sold to the public for immediate consumption either within the building or elsewhere. This definition may include a licensed dining room, cafe, cafeteria, lunch counter, tea room, coffee shop, drive-in restaurant and chip wagon. Retail Store means a building or part thereof in which goods, wares, merchandise, substances, articles or things are offered or kept for sale by retail directly to the public. Salvage Yard means a lot, building, or structure used for wrecking, dismantling, storing or selling used goods, wares or materials. School means a school under the jurisdiction of a School Board or any other school established and maintained at public or private expense whether or not the same is also a boarding school, and includes any dormitory building accessory to such school. Secondary Suite means a second dwelling unit wholly within a detached or semi-detached dwelling or within an accessory building. By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 28 Service Shop means a building or part thereof used for the sale or repair of household articles, and includes radio, television, computer and appliance repair shops and similar uses, but does not include industrial or manufacturing uses or an automotive service garage. Shipping Container Means an outdoor portable metal container that is used for public or private storage purposes and is considered to be a building as defined herein. Shorewall means a wall or structure constructed generally along the waters edge and used for bank stability and/or to prevent shoreline erosion. Sign means a display board, screen, cloth or structure having characters, letters or illustrations applied thereto or displayed thereon in any manner, and includes: a) a sign within a building that is visible from a street, and b) the posting or painting of an advertisement or notice on any building or structure. Storey means that portion of a building, other than an attic , basement or cellar, included between the surface of any floor and the surface of the floor, roof deck or deck ridge next above it. Street, Private means a private right-of-way that is used by motor vehicles but is not owned by the Township or any other public authority. Street means a right-of-way owned by a public authority and which has been opened, improved, maintained and assumed for public use and for the purposes of this By-law does not include a lane or any private street. Street Line means any lot line that divides a lot from a street. Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 29 Structure means anything that is erected, built or constructed of parts joined together and attached or fixed permanently to the ground or any other structure but a structure shall not include a light standard, sign or a fence. Sustainable Private Services means a sewage disposal system, other than a holding tank, that is designed and constructed in accordance with the Building Code Act. Tavern/bar/pub means an establishment which supplies alcoholic drinks and may provide food and entertainment and contains a walk-up bar or counter where patrons may order, obtain and pay for food and alcoholic drinks. Temporary Tent means a collapsible shelter of fabric (such as nylon or canvas) stretched and sustained by poles and used as a temporary building. Trailer or Motor Home means any vehicle used or intended for the temporary living, sleeping or eating accommodation of persons therein, and shall not be occupied continuously as a principal residence and is constructed so that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, whether or not such vehicle is jacked up or that its running gear is removed. Trailer Park means any land in or upon which any trailer or motor home is used or intended to be used for temporary human habitation. Trailer Site means an area of land within a trailer park that is or is intended to be occupied by one (1) trailer or motor home, or similar vehicle within the meaning of a trailer or motor home with adequate access to a driveway, private street or a street, and, for the purpose of this By-law the use of the term "Lot" and "street" in the definitions of "Lot Area", "Corner Lot", "Lot Coverage", "Lot Frontage", 'Lot Line", "Front Lot Line", "Rear Lot Line", and "Side Lot Line" shall be deemed to mean a "mobile home site" and "driveway" respectively. Tourist Shop means a small scale retail establishment devoted primarily to the sale of a product or service to the traveling or vacationing public, including sale of art, crafts, gifts, memorabilia and camping supplies. By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 30 Use means the actual or intended purpose for which any land, building, structure or premise or part thereof is arranged, designed, occupied or maintained. Valleyland means a natural area that occurs in a valley or other landform depression that has water flowing through or standing for some period of the year. Value added production uses means value added farm related uses that include processing of agricultural products, including wineries, canneries, bakeries, cheese factories and similar uses, and distribution and warehousing of agricultural products. Value added marketing uses means value added farm related uses accessory to an agricultural use that include a variety of methods of increasing the sales of raw or finished farm products. Such uses may include farm produce outlet and other retail facilities for the sale of products, pick your own facilities, and experiential uses such as working farm vacations or culinary schools. Veterinary Clinic means the premises of a veterinary surgeon where animals, birds or other livestock are treated or kept. Visibility Triangle means an area wherein buildings, structures, hedges or other obstructions are limited by the provisions of this by-law. Such area is to be determined by measuring, from the point of intersection of street lines on a corner lot, the distance required by this By-law along each such street line and joining such points with a straight line. The triangular-shaped land between the intersecting street lines and the straight line joining the points the required distance along the street lines is the visibility triangle. Watercourse means an identifiable depression in the ground in which a flow of water regularly or continuously occurs. Wayside Pit or Quarry means lands from which consolidated or unconsolidated aggregate is excavated for use in a project of a public authority, and such land is located outside the limits of a street right-of- way, but does not include a licensed pit or quarry. Township of Wainfleet Comprehensive Zoning By-law Section 3: Definitions SGL Planning & Design Inc. Consolidated June 2024 31 Wetland means 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 plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. Periodically soaked or wet lands being used for agricultural purposes which no longer exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition. Yard means an open, uncovered space on a lot situated between a lot line and a building on a lot. Yard, Front means a yard extending across the full width of a lot between the front lot line and the nearest wall of any building or structure on the lot. Yard, Interior Side means a side yard adjacent to another lot. Yard, Exterior Side means a side yard adjacent to a street or private street Yard, Rear means a yard extending across the full width of a lot between the rear lot line and the nearest wall of any main building or structure on the lot. Yard, Side means a yard extending the length of the lot from the front yard to the rear yard of a lot, and between a side lot line and the nearest wall of any building or structure on the lot. Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 32 4.0 GENERAL PROVISIONS FOR ALL ZONES 4.1 Requirement for a Lot a) 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; 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. b) Notwithstanding anything contained in this By-law, a parcel which is situated in any zone, and which lacks either the required lot frontage or lot area, or both the lot frontage and the lot area for a lot in the respective zone, is and shall be deemed to be a lot provided that: i) the description of such parcel is the same as in a deed registered on or prior to the date of passing of this By-law; ii) such parcel could have been conveyed legally on the date of the passing of this By- law by way of deed, transfer, mortgage, charge or agreement of sale and purchase without consent under Section 50 of The Planning Act being Chapter 349 of The Revised Statutes of Ontario, 1970, as amended from time to time; iii) such parcel has a minimum frontage of 9 metres and an area sufficient to accommodate buildings and or structures while adhering to the required setbacks, lot coverage and landscaping area provisions applicable to the zone; iv) all relevant regulations made under The Public Health Act and all relevant requirements of the Regional Municipality of Niagara or any other authority having jurisdiction are complied with, including septic requirements, and v) all other requirements of the applicable zone are complied with, and where said parcel qualifies under this section as a deemed lot, said deemed lot may be used for the purposes as permitted in the zone in which it is located, notwithstanding that it does not comply with the area and frontage requirements of that zone. 4.2 Uses Permitted in All Zones a) Nothing in this By-law shall prevent the use of any land as a public use provided by or on behalf of the Township, Niagara Peninsula Conservation Authority, Regional Municipality of Niagara or Province of Ontario, provided that: Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 33 i) any buildings or structures shall be in substantial compliance with the relevant provisions of this By-law; ii) any building, structure or use shall not adversely affect the character or amenity of the neighbourhood in which it is located; and iii) the use is not industrial in nature, such as a public works yard. b) Nothing in this By-law shall prevent the use of any land for the erection of buildings or structures, or the installation of other facilities essential to the operation of water works, street lighting, cable and telephone lines, railways, and works for the transmission of gas, oil, water or electrical power or energy, provided that any such use, building or structure i) shall be in substantial compliance with the relevant provisions of this By- law and ii) shall not adversely affect the character or amenity of the neighbourhood in which it is located. c) Nothing in this By-law shall prevent the erection of any properly authorized traffic sign or signal, or any sign or notice of any local or other government department of authority. 4.3 Temporary Uses a) Nothing in this By-law shall prevent the use of any land, or the erection or use of any temporary building or structure for a construction camp, work camp, tool shed, scaffold or other temporary building or structure incidental to and necessary for construction work on the premises for which a building permit has been issued and not expired, but only for so long as such use, building or structure is necessary for such construction work which has not been finished or abandoned. b) Nothing in this by-law shall prevent the use of a mobile home, motor home or trailer for the temporary accommodation of the residents of a lot in the case of complete or partial destruction of a dwelling by fire, lightning, explosion, tempest, flood or Act of God, or where its demolition is by the order of the Township of Wainfleet, the Regional Municipality of Niagara or other authority, for safety, health or sanitation requirements in an Agricultural Transition "A1" Zone , Agricultural "A2" Zone, Specialty Crop Zone "A3" or Rural Zone "A4" for a period of time not to exceed 18 months. c) Nothing in this by-law shall prevent the use of a temporary tent for a private special event in any zone provided that: By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 34 i) a building permit is obtained from the Township, where applicable; ii) the duration of the use and installation of the temporary tent is not more than 7 consecutive days; and iii) the temporary tent location does not interfere with any sightlines or daylight triangles for any adjacent streets. 4.4 Uses Prohibited in all Zones a) Sites for the treatment and disposal of liquid waste, hazardous waste or any other waste which requires special treatment shall be prohibited. b) No use shall be permitted which from its nature or the materials used therein is a noxious use. 4.5 Human Habitation Notwithstanding anything contained in this By-law, no truck, bus, coach, street car body or structure of any kind, whether or not the same is mounted on wheels, a foundation or other form of mounting, shall be used for human habitation other than a dwelling unit, a mobile home, or a trailer or motor home used in accordance with this By-law. 4.6 Multiple Uses on a Lot Notwithstanding anything contained in this By-law, a) where any land, building or structure is used for more than one purpose, all provisions of this By-law relating to each use shall be complied with; and b) in no case shall a dwelling be located within 3 metres of any other building on the lot except a building accessory to such dwelling. 4.7 Residential Uses a) Except as otherwise specifically permitted in this By-law, no person shall erect or use any building as a dwelling on a lot where another dwelling already exists, is in construction, or for which a building permit has been issued. b) Notwithstanding anything contained in this By-law, no person shall use or occupy any dwelling or building for residential purposes: i) unless such building has been completed and finished in all respects in accordance with the plans and specifications filed upon application for the building permit; and Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 35 ii) unless such building is serviced by a pressure water supply system and sustainable private services or other Government approved disposal system. 4.8 Basement or Cellar Notwithstanding anything contained in this By-law no cellar or part of a cellar of any building shall be used as a whole dwelling unit. 4.9 Railway Crossing and Sight Distance Notwithstanding anything contained in this By-law, where any street crosses a railway at the same grade, no building or structure shall be erected within 46 metres of the point of intersection of the centre line of both the railway and the street. 4.10 Swimming Pools Notwithstanding anything contained in this By-law, a) a swimming pool is permitted as an accessory use to a permitted residential or agricultural use in the side or rear yard of any lot if: i) no part of such pool is located closer to any lot line or street line than the minimum distance required for the principal building located on such lot; ii) the maximum height of such pool is 1.2 metres above the average finished grade level of the ground adjoining and within 5 metres of such pool; iii) any building or structure, other than a dwelling, required for changing clothing or for pumping or filtering facilities, or other similar accessory uses, complies with the provisions of this By-law respecting accessory buildings on such lot; and iv) the pool is enclosed by a fence of the type and height as stipulated in the Township of Wainfleet Fencing By-law; and b) a swimming pool is prohibited in the front yard of any lot. 4.11 Permitted Yard Encroachments Every part of any yard required to be provided in any zone shall be open and unobstructed by any structure from the ground to the sky, except that: a) sills, belt courses, cornices, chimney breasts, bay windows, or pilasters may project into any required yard a distance of not more than 0.6 metres; Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 36 b) eaves or gutters, for other than an accessory building, may project into any required yard a distance of not more than 0.6 metres; c) balconies, canopies, unenclosed porches, unenclosed stairs may project into any required yard a distance of not more than 1.5 metres except decks may project 2.5 metres into a rear yard; d) fire escapes may project into any required side yard or rear yard a distance of not more than 1.5 metres; e) accessibility ramps may encroach 1.5 metres into any yard; f) Air conditioning units may encroach into a required rear yard and interior side yard, provided it is located no closer than 0.6 metres to an interior lot line or rear lot line; g) accessory buildings may be erected in accordance with the applicable provisions of this By-law; h) light standards, fuel pump islands and fuel pumps of automobile service stations may be erected in accordance with the applicable provisions of this By-law; and i) fences, freestanding walls, flagpoles, antennae, light standards, and similar accessory structures and appurtenances, and hedges, trees and shrubs are permitted but in the case of a residential interior lot situated in any Residential Zone, no structure, hedge or obstruction that is more than 0.8 metre in height is permitted within 3 metres of any street line. 4.12 Non-Conforming Use and Non-Conforming Zone Provisions. a) A building in any zone may be replaced or reconstructed in the event of partial or complete destruction caused by fire, lightning, explosion, tempest, flood or Act of God, or demolition by order of the Township of Wainfleet, the Regional Municipality of Niagara or other authority for safety, health or sanitation requirements, provided that: i) all relevant regulations made under Health Promotion and Protection Act and all relevant requirements of the Regional Municipality of Niagara are complied with; ii) such partially or completely destroyed building or demolished building was lawfully used at the date of its partial or complete destruction or its demolition provided that if such building be vacant on such date and if it has been lawfully used until vacant and such vacancy has continued for no Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 37 more than one year prior to such date, it shall be deemed to be used at such date; iii) such building is totally situated within a lot or parcel; and iv) where such building cannot be sited so as to comply with any of the regulations applicable, such building may be constructed or replaced on a foundation in the same location as the destroyed building, and is of the same dimensions, height and area as the destroyed or demolished building. b) Expansions, repairs and renovations of a building or structure containing a legal non-conforming use, or a building or structure containing a permitted use that is not in compliance with all of the one zone requirements, is permitted provided: i) that the expansion, repair and renovation does not further increase the extent of the non-compliance and complies with the other provisions of the by-law; and ii) septic systems can be appropriately provided in accordance with the requirements of the Ontario Building Code. c) Notwithstanding subsections (a) and (b), where the building is located in the Hazard Overlay Zone or within the area subject to Ontario Regulation 155/06, the Niagara Peninsula Conservation Authority regulations shall apply. 4.13 Setback Requirements From Streets The required minimum setback of buildings and structures from an abutting street shall be calculated at right angles from the centre line of the street a distance equal to the sum of: a) the distance in metres of the required front yard or exterior side yard setback set out in the applicable zone, plus b) the distance in metres specified in Table 1 for the abutting street. Table 1: Street Setback Requirements Public Highway or Street Distance from Centre Line of the Highway or Street Provincial Highway No. 3 Variable (refer to MTO.) Regional Roads 13 metres All Township Roads or Streets 10 metres Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 38 4.14 Minimum Distance Separation (M.D.S.) formulae a) Notwithstanding the building setback and minimum yard requirements of any zone, the requirements of M.D.S. Formula 1 and M.D.S. Formula 2, as updated from time to time, shall prevail. b) The minimum acceptable separation distance shall be the distance determined in the application of M.D.S. Formula 1 or M.D.S. Formula 2. c) This section shall not apply to prevent the expansion of a livestock barn or structure which is restricted by a dwelling on an adjoining lot which dwelling forms a part of the same farm operation as the expanding livestock barn or structure. d) Any setback distance required from farm and non-farm buildings by M.D.S. Formula 1 or M.D.S. Formula 2 shall also apply from farm and non-farm buildings in adjacent municipalities. 4.15 Supplementary Setbacks from Any Drainage Works Notwithstanding any other provisions of this By-law, a minimum setback of 15 metres shall be provided from any drainage works to permit the maintenance of said drainage works. 4.16 Provisions for Home Occupations A home occupation shall be permitted as an accessory use to any single detached dwelling permitted by this By-law, in accordance with the following: a) The home occupation is clearly secondary to the use of the dwelling unit as a private residence and shall be smaller than or equal to 25% of the of the dwelling gross floor area; b) Outdoor storage and display of goods and materials or products shall be prohibited; c) The home occupation does not change the character of the dwelling unit as a private residence; d) The home occupation does not create or become a public nuisance, in particular in respect to noise, traffic or parking; and e) A maximum of one non-illuminated sign per home occupation is permitted provided that it is: i) a maximum area of 0.36 square metres; By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 39 ii) attached to the dwelling or as a stand alone sign with a maximum height above the ground of 1.2 metres; iii) not located in a visibility triangle; and iv) no closer than 1 metre to any lot line. 4.17 Provisions for Home Industries A home industry shall be permitted as an accessory use in Agricultural and Rural Zones, subject to the provision of Section 6 and in accordance with the following: a) The home industry shall be located in an accessory building that is located as close to the existing dwellings and agricultural buildings as possible and that is accessed by the same driveway as the dwelling or farm; b) The gross floor area of a home industry shall be a maximum 50% of the ground floor area of the principal dwelling on lots less than 0.4 hectare and a maximum of 500 square metres of lots greater than 0.4 hectares; c) Outdoor storage and display of goods and materials or products shall be prohibited; d) The home industry is compatible with and does not hinder surrounding agricultural uses; e) The home industry is only permitted if it can be sufficiently supported by water supply and sewage disposal facilities; f) The home industry shall be subject to site plan control; and g) A maximum of one non-illuminated sign per home industry is permitted provided that it is: i) a maximum area of 0.36 square metres; ii) attached to a building or as a stand alone sign with a maximum height above the ground of 1.2 metres; iii) not located in a visibility triangle; and iv) no closer than 1 metre to any lot line. Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 40 4.18 Farm Help-House A farm help-house shall be permitted as an accessory use in Agricultural and Rural Zones, subject to the provision of Section 6 and in accordance with the following: a) The farm help-house is for seasonal employees and does not serve as a principal place of residence of the occupants; b) The farm help-house is only permitted if it can be sufficiently supported by water supply and sewage disposal facilities, c) The location of the farm help-house does not have a significant effect on the tillable area of the farm or its viability and is located as close to the existing dwellings and agricultural buildings as possible; and d) The farm help-house shall be subject to the yard and setback provisions of Section 6.2.1. 4.19 Group Homes A licensed group home and /or group home approved under Provincial Statute shall be permitted, with a maximum of six residents exclusive of staff, within any residential zone in accordance with the following: a) Only group homes of the following categories shall be permitted: - Approved group homes; - Homes for special care - Supportive housing programs; - Accommodation for adult mental health programs - Accommodation services for individuals with a development disability; - Satellite residences for seniors; and - Homes for individuals who have physical disabilities when the Province licenses, funds or approved such a group home program. 4.20 Secondary Suites A secondary suite shall be permitted within a single detached or semi-detached dwelling or within an accessory building on a lot containing a single detached or semi-detached dwelling in any zone where single detached and semi-detached dwellings are permitted provided that the other requirements of the applicable zone are adhered to and subject to the following: a) Only one secondary suite per single detached dwelling or semi-detached dwelling is permitted; b) The unit is clearly subordinate to the primary residential unit in the dwellings; Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 41 c) All relevant requirements of the Ontario Building Code and Fire Code are complied with; d) The secondary suite shall have a maximum of 3 bedrooms; e) Where a secondary suite is within a single detached dwelling or semi-detached dwelling, the secondary suite shall not exceed 40% of the gross floor area of the primary residential unit in the dwelling; f) Where a secondary suite is within an accessory building and is located entirely on the ground floor of an accessory building, the secondary suite shall not exceed 40% of the ground floor area of the accessory building; g) Where a secondary suite is within an accessory building and is located entirely on the second storey of an accessory building, the secondary suite shall not exceed 100% of the ground floor area of the accessory building, exclusive of any stairway servicing the secondary suite; h) Access to the secondary suite shall be provided from the same driveway that provides access to the primary dwelling on the lot. 4.21 Accessory Buildings Accessory buildings shall be permitted in any zone in accordance with the following: a) No accessory building shall be erected prior to the erection of the permitted dwelling or principal building on the same lot except where it is necessary for the storage of tools and materials for use in connection with the construction of such dwelling or building and no accessory building shall be used prior to the erection of such dwelling or building for any purpose other than such storage. b) The regulations governing the location of any accessory building in relation to a lot line shall not apply to prevent the erection or use of a jointly-owned double garage which services two dwellings whose common lot line shall be the dividing line of such garage. c) No accessory building shall be located in the front yard or side yards of Commercial Zones "C1" or "C2". d) In no case shall any overhang, eaves or gutter project more than 0.3 metres into any required minimum yard. e) Accessory buildings shall be set back from main buildings by a minimum distance of 3 metres in Commercial Zones and 1.5 metres in all other zones provided that Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 42 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. f) The size and placement of accessory buildings, including garden suites, are subject to the provisions outlined in Table 2. g) Notwithstanding subsections (a) through (f) inclusive, where the accessory building is located within the Hazard Overlay Zone, the Niagara Peninsula Conservation Authority regulations shall apply. Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 43 Table 2: Accessory Building Requirements Zone Max. Lot Coverage (1) Min. Setback from Front Lot Line Min. Setback from Exterior Side lot line Min. Setback from Interior Side Lot Line Min. Setback from Rear Lot Line Maximum Height Agricultural and Rural Zones (A1, A2, A3, A4) 4% 12 m. 12 m. 2 m. 2 m. 8 m. Residential Hamlet (RH) 4% 15 m. 15 m. 2 m. 2 m. 6.5 m.(2) Residential Lakeshore (RLS) 4% 6 m. 6 m. 1 m. 1 m. 6.5 m.(2) Commercial Zones (C1, C2, C3) 5% Greater than the front yard setback of the principal building on a lot 6 m. 0.6 m. or 3 m. abutting a Residential Zone 0.6 m. or 3 m. abutting a Residential Zone 8 m. Industrial Zones (M1, M2) 5% Greater than the front yard setback of the principal building on a lot 6 m. 0.6 m. or 3 m. abutting a Residential Zone 0.6 m. or 3 m. abutting a Residential Zone 8 m. Note: (1) The lot coverage for the accessory building and other buildings must also conform to the overall lot coverage requirements for the respective zone, as identified in Table 6, Table 10, Table 14 and Table 18. (2) Where a secondary suite is located on the second storey of an accessory building within the Residential Hamlet (RH) and Residential Lakeshore (RLS) zones, the maximum height shall be 8 m. By-law 027-2015 By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 44 4.22 Bed and Breakfasts Bed and breakfasts are permitted in a single detached dwelling within all Residential and Agricultural and Rural Zones provided: a) It is secondary to a principal residential or agricultural use on a property; b) It is operated by residents of the property; c) It contains no more than 3 guest rooms; d) It adheres to the other requirements of the zone in which it is located, and the parking requirements outlined in Section 5 of this by-law; and, e) All relevant requirements of the Ontario Building Code and Fire Code are complied with. 4.23 Wind Facilities No new dwellings shall be permitted within 550 metres of an established wind turbine. 4.24 Rail Yards A holding provision applies to any portion of a vacant lot in a Residential or Agricultural and Rural Zone which is within 300 metres of a railyard. The holding provision shall prohibit the construction of a dwelling until completion of a noise study to the satisfaction of the Township of Wainfleet. 4.25 Visibility Triangle a) Visibility triangles shall be required at the intersection of all streets and shall measure i) a distance as required by the Regional Municipality of Niagara at the intersection of two Regional streets in Agricultural and Rural Zones or along a Regional street where it intersects with Township streets in Agricultural and Rural Zones; ii) a distance as required by the Province of Ontario at the intersection of two Provincial streets or along a Provincial street where it intersects with a Township or Regional street; and iii) 10.5 metres in each direction, measured along the property line, on all other streets. b) Within a visibility triangle, no structure, hedge or obstruction is permitted that impedes vision above a height of 0.8 metre above the centre line grade of the street or streets abutting the visibility triangle; and Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 45 c) Notwithstanding the provisions of paragraph a) and b) of this section, the provisions shall not apply to the following: field crops, wire farm fences, traffic signs or signposts less than 20 centimeters in width or diameter. 4.26 Through Lots For the purpose of this by-law, any rear yard abutting a street shall be deemed to be a front yard and all provisions herein relating to front yards shall apply thereto. 4.27 Minimum Elevation of Openings The minimum elevation of openings into buildings within the RLS and C3 Zones shall be 177.3 metres or as approved by the Niagara Peninsula Conservation Authority. 4.28 Yards Adjacent to Lake Erie Any minimum yard required by this By-law adjacent to Lake Erie shall be measured from any shorewall, or alternately where no shorewall exists, from the dynamic beach hazard of Lake Erie. 4.29 Wayside pits or quarries, portable asphalt plants and portable concrete plants Wayside pits and quarries, portable asphalt plants and portable concrete plants used on public authority contracts shall be permitted, without the need for a rezoning by-law amendment except within the RH, RLS, and MHP Zones or within 60 metres of such Zones or in or within 30 metres of an Environmental Protection overlay. Such uses may be permitted in an Environmental Conservation overlay or within 30 metres of such overlays subject to completion of an Environmental Impact Study to the satisfaction of the Township in consultation with the Regional Municipality of Niagara and the Niagara Peninsula Conservation Authority, that demonstrates there will be no impact to the natural heritage feature or its function within that zone. 4.30 Areas of High Aquifer Vulnerability The following uses are prohibited in areas of High Aquifer Vulnerability as delineated on Map 41: a) Uses of which the primary function is generation and storage of hazardous waste or liquid industrial waste; b) New waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities; c) Underground and above-ground storage tanks that are not equipped with an approved secondary containment device; and Township of Wainfleet Comprehensive Zoning By-law Section 4: General Provisions SGL Planning & Design Inc. Consolidated June 2024 46 d) Storage of a contaminant listed on Map 3 (Severely Toxic Contaminants) to Regulation 347 of the Revised Regulations of Ontario 1990 or its successor. Township of Wainfleet Comprehensive Zoning By-law Section 5: Parking and Loading SGL Planning & Design Inc. Consolidated June 2024 47 5.0 PARKING AND LOADING PROVISIONS 5.1 Parking Space Requirements Every building or structure erected, enlarged or used in accordance with the provisions of this By-law shall be provided with the required number of parking spaces specified hereunder on the same lot. Table 3: Parking Requirements Use Requirement Banks, business and professional offices 1 space for each 28 square metres of ground floor area plus 1 space for each 70 square metres of remaining gross floor area Bed and breakfast 1 space for each suite or bedroom, in addition to the required parking for the dwelling unit Billiard parlours 1 space for each 15 square metres of gross floor area Boarding or rooming houses 1 space for each bedroom Bowling alleys 3 spaces for each bowling lane. Day nursery 1 space for each 40 square metres of gross floor area Dry cleaning depot 2 spaces Dry cleaning facility 1 space for each 40 square metres of gross floor area Funeral home 1 space for each 10 square metres of gross floor area Industrial Use 1 space for each 90 square metres of gross floor area plus 1 space for each 28 square meters of gross floor area for ancillary retail sales outlet Home occupation and home industry, excluding the physician's or dentists office, where customers and/or clients attend at the site 1 space Laundromat 1 space for every 4 washing and/or drying machines Township of Wainfleet Comprehensive Zoning By-law Section 5: Parking and Loading SGL Planning & Design Inc. Consolidated June 2024 48 Motel and Hotels 1 space for each suite or bedroom plus required parking for any restaurant. Municipal office, municipal operations centres, fire halls, libraries Sufficient number to accommodate the employees of and the visitors to such use. Physician's or dentist's office in private residence or medical and dental clinics 4 spaces for each physician or dentist using the residence or clinic. Places of assembly such as halls, lodges, labour union halls, dance halls, community centres and other places of public assembly 1 space for each 10 square meters of gross floor area Places of worship 1 space for each 8 seating spaces. Post offices, museums, art galleries and libraries 1 space for each 46 square metres of gross floor area except for storage space not accessible to the public which shall be 1 space for each 190 square metres. Private or commercial clubs, athletic and recreational establishments 1 space for every 10 square meters of gross floor area Public or private hospitals, nursing homes The greater of 1 space for each 93 square metres of gross floor area, or 1 space for each 4 beds plus one space per 4 employees which ever is the greater. Residential use (including any dwelling or mobile home in any zone) - 2 spaces for each single detached dwelling, semi detached dwelling or duplex dwelling, - 1.5 spaces for each apartment dwelling unit - 1.5 spaces for each converted dwelling unit - 1 space per mobile home unit - 1 space for each dwelling unit in a Commercial Zone, in addition to parking required for the primary use Restaurants, taverns and eating establishments 1 space for each 4.5 square meters or of gross floor area with a minimum of 10 spaces 1 space for each 30 square meters of gross floor area for take-out and drive through restaurants Retail lumber and building supplies outlets 1 space for each 28 square metres of gross floor area used for retailing of goods and 1 space for each 28 square metres of gross floor area used for storage or warehousing By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 5: Parking and Loading SGL Planning & Design Inc. Consolidated June 2024 49 5.2 Setbacks a) No parking space shall be permitted within 3 metres of a street line or within any visibility triangle. b) Notwithstanding Section 5.2 a), individual parking spaces for single detached and semi-detached dwellings may be located within 3 metres of a street line. c) No parking lot shall be permitted within 3 metres of a property line abutting a Residential Zone. 5.3 Size of parking space and aisles a) Parking spaces shall be a minimum of 3 metres in width and 6 metres in length, exclusive of any land used for access, manoeuvring, driveway or similar purpose. b) Parking aisles shall be a minimum of 3 metres in width for one way traffic and a minimum of 6 metres in width for two way traffic. 5.4 Location of Parking Spaces Required parking spaces shall be located on the same lot as the use they provide parking for, except for commercial uses, where required parking may be provided on another lot provided such lot is located not more than 120 metres from the subject lot and the commercial use. 5.5 Parking and Loading within yards a) Parking lots shall be located as follows: Schools 1.25 spaces for each classroom Theatres The greater of 1 space for each 10 people seating capacity or 1 space for each 10 square meters of gross floor area Veterinary clinic/Kennel 1 space for each 40 square meters of gross floor area All commercial uses, buildings and structures not specified above 1 space for each 30 square meters of ground floor area excluding storage areas plus one space for each 70 square meters or fraction thereof of remaining gross floor area. Accessible Parking 1 accessible space for the first 9 required spaces and 2 accessible spaces for 10 or more required spaces. Township of Wainfleet Comprehensive Zoning By-law Section 5: Parking and Loading SGL Planning & Design Inc. Consolidated June 2024 50 i) In the Hamlet Commercial "C1" Zone, no parking lot shall be located in the front yard; ii) In the Tourist Commercial "C2" Zone, a maximum of three visitor parking spaces in a parking lot may be provided in the front yard for each 15 metres of lot frontage. iii) In the Industrial "M1" and Extractive Industrial "M2" Zones, a maximum of three visitor parking spaces in a parking lot may be provided in the front yard for the first 15 metres of front wall of the principal building, plus one additional visitor parking space for each additional 7.5 metres of front wall in excess of the first 15 metres. b) No loading space shall be established in the front yard of any zone. 5.6 Parking for multiple uses on one lot Where more than one use is being used on a lot, the required parking space will be the sum of the parking required for all uses on the lot. 5.7 Parking spaces should not be used for storage or display purposes The storage of goods, including for sale or display, is not permitted within required parking spaces. The storage of motor vehicles for sale and display is not exempt from this provision. 5.8 Ingress and egress standards a) Required parking spaces shall have adequate access, from a street, to permit ingress and egress of a motor vehicle by means of driveways, aisles, maneuvering areas or similar areas and, except in the case of tandem parking in a driveway to a single-detached dwelling, a semi-detached dwelling, duplex dwelling or converted dwelling, no part of this access is to be used for the temporary parking or storage of any motor vehicle. b) For parking lots: i) the width of an entrance or exit to a lot shall be not less than 7.5 metres nor more than 10.5 metres measured along the street line. i) no entrance or exit to a lot shall be located within 3 metres of the side lot line or rear lot line that abuts an adjoining lot. iii) no entrance or exit to a lot shall be located within 9 metres of any other entrance or exit measured along the street line. Township of Wainfleet Comprehensive Zoning By-law Section 5: Parking and Loading SGL Planning & Design Inc. Consolidated June 2024 51 iv) on a corner lot, no entrance or exit shall be located within 15 meters of the point of intersection of the intersecting street lines of such lot. 5.9 Additions to existing buildings with legal non-conforming parking In the case of expansion of a building or structure that legally does not meet the parking requirements, the parking standards related to the expansion must be adhered to, but the parking deficiency of the original building or structure does not have to be corrected and can remain legal non-conforming. 5.10 Part Spaces Where parking spaces are calculated by gross floor area, or similar calculation, and the required parking is a fraction, the number of parking spaces shall be rounded up to the nearest whole number. 5.11 Accessible Parking Accessible parking spaces shall: a) have a minimum width of 3.7 metres and a minimum length of 6 metres; b) be located on level ground readily accessible to the building entrance served by the parking spaces; and, c) be clearly identified and reserved for the exclusive use of those holding an Accessible Parking Permit. 5.12 Off-Street Loading requirements a) For every building or structure to be erected for, altered for, or its use converted to a commercial or industrial use, involving the frequent shipping, loading or unloading of persons, animals, goods, wares or merchandise, off-street loading spaces shall be provided and maintained upon the same lot on which the principal use is located and in accordance with Table 4 Table 4: Loading Requirements Loading Requirements Gross floor area Minimum Requirement Commercial Uses ≦200 square metres No loading spaces required 201-1,000 square metres 1 loading space >1,000 square metres 2 loading spaces plus 1 additional loading space for each 1,400 square metres or part thereof in excess of 1,000 square metres. Township of Wainfleet Comprehensive Zoning By-law Section 5: Parking and Loading SGL Planning & Design Inc. Consolidated June 2024 52 Industrial Uses <500 square metres No loading spaces required 500-2,500 square metres 1 loading space 2,500-10,000 square metres 2 loading spaces >10,000 square metres 2 loading spaces plus 1 additional loading space for each 10,000 square metres of total gross floor area or part thereof in excess of 10,000 square metres b) Any required off-street loading space shall: i) not be used for the purpose of offering commodities for sale or display; ii) provide for the temporary parking of one commercial vehicle; iii) be not less than 3.5 metres in width nor less than 9 metres in length, nor less than 4.5 metres in clear and unobstructed height, exclusive of any land used for access, manoeuvring, driveway or a similar purpose; iv) not be upon or partly upon any street, land or alley; and, v) have adequate access to permit ingress and egress of a commercial vehicle from a street by means of driveways, aisles, manoeuvring areas or similar areas, no part of which access is to be used for the temporary parking or storage of any motor vehicle. 5.13 Parking and Loading Facilities a) Any parking lot, parking space, loading space, driveway, manoeuvring area or aisle that is required or permitted according to the provisions of this By- law for any use in any zone, other than parking facilities for a single detached dwelling or for any agricultural use, shall be provided and maintained with a gravel or paved surface and adequate drainage facilities. b) All parking facilities that are required to be provided or permitted according to the provisions of this By-law for any use in any zone, other than parking facilities for a single detached dwelling, or for a semi-detached dwelling, or for a converted dwelling, or for any agricultural use, shall be provided with suitable lighting facilities which shall be so installed and maintained as to ensure that the light is deflected away from all streets and nearby Residential Zones or lots used for residential purposes. By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 53 6.0 AGRICULTURAL AND RURAL ZONES 6.1 Permitted Uses The uses permitted in the Agricultural Transition (A1), Agricultural (A2), Specialty Crop (A3) and Rural (A4) Zones are identified in Table 5 through symbols under the column related to each zone. Where a "Q" is shown in the column under a zone, a qualification applies to a permitted use as described following Table 5. Table 5: Permitted Uses in the Agricultural and Rural Zones Permitted Uses A1 A2 A3 A4 Agricultural use ✓ ✓ ✓ ✓ Intensive animal operation ✓ ✓ Single detached dwelling accessory to an agricultural use ✓ ✓ ✓ ✓ Single detached dwelling as a principal use on an existing lot of record ✓ ✓ ✓ ✓ Single detached dwelling as a principal use on any new lot Q5 Q5 Q5 Q3 Accessory Agricultural Activities * * * * Secondary Suite * * * * Value added production uses * * * Value added marketing uses * * * * Home occupation * * * * Home industry * * * * Agri-tourism uses related to agriculture * * * * One farm help-house Q1 Q1 Q1 Q1 Bed and breakfast * * * * Kennel ✓ ✓ Conservation uses ✓ ✓ ✓ Greenhouse ✓ ✓ ✓ ✓ Group Home Q2 Q2 Q2 Cannabis Production Facility Q4 Q4 Q4 Garden suite Q6 Q6 Q6 Q6 ✓ Permitted use * Permitted as an accessory use only Q1 One farm help-house shall be permitted per bona fide farm operation with a minimum lot area of 40 hectares. Q2 Permitted only in an existing dwelling or in a new dwelling on existing lots of record. Q3 New lots must meet M.D.S. requirements. Q4 Permitted only through a site specific zoning by-law amendment. By-law 027-2015 By-law 020-2024 By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 54 Q5 Permitted as a surplus farm dwelling, where the dwelling existed prior to the creation of the new lot. Q6 Permitted only through a temporary use by-law. By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 55 6.2 Lot, Building and Structure Requirements 6.2.1 The regulations applicable to uses permitted in the Agricultural Transition (A1), Agricultural (A2), Specialty Crop (A3) and Rural (A4) Zones are set out in Table 6 and additional requirements applying to specific uses are outlined in Section 6.2.2. Table 6: Regulations applying to Agricultural Zones Uses Min. Lot Area Max. Lot Coverage Min. Lot Frontage Min. Front Yard Min. Exterior Side yard Min. Interior Side yard Min. Rear Yard Max. Height Agricultural use and all other permitted uses not otherwise listed below 40 hectares for A1, A2 and A4 Zones 16 hectares for A3 Zone 10% 180 m. 15 m. 15 m. 15 m. 15 m. NR Greenhouses and Cannabis Production Facilities 50% for lots less than 20 hectares 25% for lots greater than 20 hectares Single detached dwelling as a principal use on a lot 1 hectare (1) 10% 46 m. 15 m. or as existing whichever is the lessor 15 m. or as existing whichever is the lessor 3.5 m. with no attached garage 3 m. with attached garage 15 m. 12 m. By-law 020-2024 By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 56 Uses Min. Lot Area Max. Lot Coverage Min. Lot Frontage Min. Front Yard Min. Exterior Side yard Min. Interior Side yard Min. Rear Yard Max. Height Kennels 10 hectares 10% 180 m. 150 m. 150 m. 75 m. except 150 from any dwelling or institutional use 75 m. except 150 from any dwelling or institutional use NR NR = No requirement Note: (1) The minimum lot size shall be1 hectare unless a hydrogeological study undertaken by an applicant demonstrates that on-site sustainable private services can achieved on a smaller lot with no negative impacts on surface and/or ground water features, in which case the minimum lot size is 4,000 m2. 6.2.2 Additional Provisions 6.2.2.1 For value added production uses: a) the maximum gross floor area for value added production uses shall be 500 square metres; b) accessory retail and restaurants and ancillary agri-tourism uses shall be permitted to maximum size of the lesser of 50% the area of the value added production use or 250 square metres; and c) such uses shall be subject to site plan control. 6.2.2.2 For value added marketing uses: a) the use must be owner operated; and b) the maximum gross floor area for the value added marketing use shall be 100 square metres; and c) such uses shall be subject to site plan control. Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 57 6.2.2.3 For Agri-tourism uses related to agriculture, the maximum gross floor area of buildings and or structures shall be 250 square metres and such use shall be subject to site plan control. 6.2.2.4 For farm-help houses: a) the minimum gross floor area shall be 90 square metres; and b) a farm help house shall be located in accordance with a Site Plan Agreement with the Township of Wainfleet. 6.2.2.5 For livestock or poultry uses, existing buildings or new buildings used for other than livestock or poultry uses, shall not be subsequently used for livestock or poultry unless the building so used complies with the Minimum Distance Separation (M.D.S.) requirements for the use. 6.2.2.6 For cannabis production facilities: a) A cannabis production facility or portion thereof shall not be permitted in a dwelling; b) A cannabis production facility shall be located a minimum of 150 metres from the lot line of any Residential, Institutional or Open Space use or Zone, including a day nursery; c) A sign identifying the facility or property as being or containing a cannabis production facility shall be prohibited; and d) Outdoor growing, cultivation and storage shall be prohibited. 6.2.2.7 Despite Table 6, the minimum yards for intensive animal operations shall be subject to the Minimum Distance Separation (M.D.S.). 6.2.2.8 For garden suites: a) Initial permissions for a garden suite shall be for no longer than ten (10) years, calculated from the date of the passing of the temporary use by-law, with extensions permitted on a five (5) year basis to a maximum of twenty (20) years; b) Where a garden suite is to be permitted, an implementing development agreement is required dealing with such matters as the installation, maintenance and removal of the garden suite; c) A garden suite shall be accessory to and located on the same lot used for a single detached dwelling where permitted by the applicable zone; By-law 023-2024 By-law 020-2024 Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 58 d) A maximum of one (1) garden suite shall be permitted on a lot; e) Access to the garden suite shall be provided from the same driveway that provides access to the single detached dwelling on the lot; f) A garden suite shall comply with the Minimum Distance Separation (M.D.S.) formulae. 6.3 Site Specific Exceptions for Permitted Uses 6.3.1 Notwithstanding the permitted uses in subsection 6.1, the following Site Specific Exceptions shall apply to the specific property listed in Table 7 and illustrated in Maps 1 to 40 in Section 15. These uses may be: a) in addition to the uses permitted in subsection 6.1 b) solely permitted to the exclusion of all other uses in section 6.1, or c) not permitted, despite being listed in subsection 6.1. Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 59 Table 7: Permitted Use Exceptions Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses A1 A1 1 001-2006, 002-2023 029-2014, 002-2023 001- 2016, 002-2023 025-2014, 002-2023 001-2016 059-2019 010-2020 043-2022 Lot 33, Con. 4 Pt. Lot 30, Con. 1 Pt. Lot 30, Con. 3 Pt. Lot 15, Con. 2 Pt. Lot 33, Con. 4 Pt. Lot 30, Con. 1 Pt. Lot 30, Con. 3 Pt. Lot 35, Con. 5 Pt. Lots 14 & 15, Con. 2 Pt. Lot 12, Con. 1 Pt. Lot 11, Con. 1 Pt. Lot 12, Con. 1 Pt. Lot 18, Con. 2 Pt. Lot 18 & 19, Con. 6 Pt. Lot 18, Con. 1 Dwellings A1 2 674-80 642-80 Lot 29, Con. 1 Lot 5, Con. 28 Lot 15, Con. 3 Lot 11, Con. 5 Single detached dwelling A1 3 828-83 1361-94 Lot 40, Con. 4 Grain drying and storage A1 4 932-85 1361-94 Lot 39, Con. 4 Buildings, structures and dwellings Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 60 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses A1 5 993-86 1361-94 991-86 1361-94 Lot 13, Con. 1 Lot 13, Con. 1 Storage and maintenance of construction equipment A1 6 1053-87 1361-94 Lots 18 & 19, Con. 3 Repair of agricultural equipment Outside storage of agricultural equipment, related equipment, repair equipment or material for the repair of agricultural equipment A1 7 1132-89 1361-94 Lot 17, Con. 3 Sale of Horticultural, landscaping and related supplies and materials Farm help-house A1 8 1148-89 1361-94 Lot 37, Con. 5 Storage of construction equipment used for commercial purposes A1 9 1467-97 Pt. Lot 18, Con. 6 Ladies apparel shop, Office, Antique shop A1 10 057-2002 266A Pt. Lot 26, Con.1 Tennis court, One storage building Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 61 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses A1 11 005-2003 Pt. Lot 15, Con. 1 Airplane takeoff and landing strip, One airplane hanger, One clubhouse, Comfort station, One twenty bed bunkhouse, An underground fuel tank A1 12 005-2007 Pt. Lot 37, Con. 5 A garden suite in a mobile home for a temporary period from March 1, 2007 to March 1, 2017. A2 Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 62 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses A2 1 Lot 33, Con. 4 Lot 18, Con. 4 Lot 21, Con. 2 Lot 4&5, Con. 4 Pt. Lot 40, Con. 5 Pt. Lot 32, Con. 3 Pt. Lot 45, Con. 6 Pt. Lots 26 & 27, Con. 3 Pt. Lot 26, Con. 4 Pt. Lot 25, Cons. 6 & 7 Pt. Lot 20, Con. 5 Pt. Lot 21, Con. 3 Pt. Lot 33, Con. 2 Pt. Lot 8, Con. 6 Pt. Lot 33, Con. 5 Pt. Lot 3, Con. 2 Pt. Lot 33, Con. 3 Pt. Lot 12, Con. 3 Dwellings Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 63 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses A2 1 Pt. Lot 34, Con. 3 Pt. Lot 19, Con. 5 Pt. Lot 25, Con. 3 Pt. Lot 7, Con. 4 Pt. Lot 37, Con. 6 Pt. Lot 37, Con. 6 Pt. Lot 18, Con. 5 Pt. Lots 52 & 53, Con. 7 Pt. Lots 52 & 53, Con. 7 Pt. Lot 27, Con. 4 Pt. Lot 35, Con. 7 Pt. Lot 38, Con. 6 Pt. Lot 1, Con. 4 Pt. Lot 37, Con. 7 Pt. Lot 30, Con. 3 Pt. Lot 19, Con. 2 Pt. Lot 42, Con. 6 Pt. Lot 13, Con. 6 Pt. Lot 25, Con. 7 Pt. Lot 15, Con. 2 Pt. Lot 37, Con. 4 Pt. Lot 35, Con. 4 Pt. Lot 23, Con. 7 Pt. Lot 44, Con. 6 Pt. Lot42, Con. 6 Pt. Lot 18 &19, Con, 3 Pt. Lot 42 & 43, Con. 5 Pt. Lot 14 &15, Con. 2 Dwellings Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 64 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses A2 1 015-2012, 002-2023 014-2014, 002-2023 028-2014, 002-2023 029-2014, 002-2023 036-2014, 002-2023 015-2015, 002-2023 036-2015, 002-2023 058-2015, 002-2023 052-2016, 002-2023 019-2017 034-2017 024-2018 053-2018 038-2019 059-2019 004-2020 010-2020 004-2021 034-2022 Pt. Lot 35, Con.5 Pt. Lot 29, Con. 6 Pt. Lots 6 & 7, Con. 4 Pt. Lots 14 & 15, Con. 2 Pt. Lot 13, Con. 5 Pt. Lot 15, Con. 5 Pt. Lot 12, Con. 5 Pt. Lot 24, Con. 3 Pt. Lot 4, Con. 2 Pt. Lot 23, Con. 4 Pt. Lot 23, Con. 4 Pt. Lots 50 & 51, Con. 7 Pt. Lots 50 & 51, Con. 6 Pt. Lot 31, Con. 6 Pt. Lot 18, Con. 2 Pt. Lots 16 & 17, Con. 3 Pt. Lots 18 & 19, Con. 6 Pt. Lot 9, Con. 4 Pt. Lots 34 & 35, Con. 2 Dwellings Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 65 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses A2 2 674-80 642-80 Lot 29, Con. 1 Lot 5, Con. 28 Lot 15 Con. 3 Lot 11, Con. 5 Single detached dwelling A2 3 781-82 Lot 27, Con. 3 Storage, repair and sale of farm equipment A2 5 1290-93 1361-94 Lot 2, Con. 4 Sales, service and repair of farm equipment and supplies, Manufacture and assembly of aluminium products, Sale of manufactured or assembled aluminium products. A2 6 827-83 1361-94 867-84 Lot 18, Con. 4 Sales, service and repair of farm equipment, supplies and automobiles A2 7 829-83 1361-94 Lot 57, Con. 7 Manufacturing of farm silos and components, Storage of related equipment A2 8 1076-88 1361-94 Lot 32, Con. 3 Processing, packing, treating, storing and sale of agricultural produce grown locally off the site A2 9 1164-90 1361-94 Lot 24, Con. 5 A second single detached dwelling, to be used only as a farm help house Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 66 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses A2 10 1166-90 1361-94 Lot 19, Con. 5 Livestock or poultry A2 11 1242-91 1361-94 Lot 35, Con. 6 Agricultural uses A2 12 1325-93 1361-94 Lot 20, Con. 5 A feeding, heating, water and ventilation systems business, Sale of fencing as a secondary use A2 13 1339-94 Lot 27, Con. 4 Existing triplex A2 14 1421-96 Pt. Lot 2, Con. 2 Farm implement sales and service establish and outside display area A2 15 1488-97 Lot 37, Con. 5 Farm-help house A2 16 1548-99 Lot 28, Con. 6 Second dwelling for full-time farm help-house A2 17 057-2001 Pt. Lot 24, Con. 5 Farm-help house occupied only from March to October. A2 18 013-2003 Pt. Lot 14, Con. 1 A garden suite in a mobile home for a temporary period from April 22, 2003 to April 22, 2013. Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 67 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses A2 19 033-2005 Pt. Lot 37, Con. 3 A hair salon and related uses A2 20 036-2005 Pt. Lot 40, Con. 6 A garden suite in a mobile home for a temporary period from September 26, 2005 to September 16, 2015. A2 21 010-2006 Pt. Lot 39, Con. 6 Sale of sheds, lawn furniture, farm shelters and other farm-related products. A2 22 015-2006 Pt. Lot 35, Con. 3 A garden suite in a mobile home for a temporary period from April 11, 2006 to April 11, 2016. A2 23 023-2006 Pt. Lot 13, Con. 2 A garden suite in a mobile home for a temporary period from May 23, 2006 to May 23, 2016. A2 24 029-2006 Pt. Lot 32, Con. 3 Processing, treatment, storage, packaging and wholesaling of organic herbs and value added products. A2 25 009-2009 Pt. Lot 30, Con. 2 Dwellings, Livestock in buildings existing as of April 2009 Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 68 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses A2 26 023-2000 Pt. Lot 8, Con. 4 Part 1 on Map A-1 (Appendix A): A grain drying and grain storage business Part 2 on Map A-1 (Appendix A): Dwellings A2 27 002-2007 Pt. Lot 18, Con. 5 Existing accessory building in the absence of a dwelling. A2 28 051-2012 Pt. Lot 21, Con. 5 Livestock sales facility Dwellings A2 67 060-2019 Pt. Lots 16, 17 & 18, Con. 3 Wedding venue Wedding venue means the seasonal use of land, buildings or structures for wedding ceremonies and/or wedding celebrations or similar ceremonial events as well as ancillary uses such as parking, loading and servicing facilities. Seasonal means May through October each calendar year. A2 68 004-2020 Pt. Lot 16 & 17, Con. 3 Livestock in the existing barn A2 76 029-2014 002-2023 Pt. Lots 14 & 15, Con. 2 New livestock facilities (after August 12, 2014) A2 78 030-2023 Pt. Lot 6, Con. 4 A garden suite in a mobile home for a temporary period from August 8, 2023 to August 8, 2043. Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 69 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses A2 79 055-2023 Pt. Lot 21, Con. 5 A garden suite in a mobile home for a temporary period from December 11, 2023 to December 11, 2043. A4 A4 1 Dwellings A4 2 Pt. Lot 8,9,14,15,16 Con. 1 Intensive animal operations A4 3 Lot 32, Con. 1 Intensive animal operation A4 4 025-2000 Pt. Lot 7, Con. 1 Place of worship consisting of a chapel and one conference centre for 60 people and 5 chalets A4 5 034-2002 Pt. Lots 8 & 9 Livestock and poultry operations A4 6 020-2011 Lot 8 and 9, Conc. 5 Conservation, Nature reserves, Passive recreation uses A4 7 002-2018 Pt. Lot 3, Con. 5 A garden suite in a mobile home for a temporary period from January 23, 2018 to January 23, 2038. * These are new provisions, not in the existing by-law. Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 70 6.4 Site Specific Exceptions for Lot, Building and Structure Requirements 6.4.1The following specific provisions listed in Table 8 shall apply to the properties referenced by each special provision in lieu of the corresponding provisions in Table 6. Table 8: Lot and Building and Structure Exceptions Zone # By-Law # Address Description of Special Provision A1 A1 7 1132-89 1361-94 Lot 17, Con. 3 Minimum front yard: 91.44 m. Maximum building height: 7.5 m. Maximum floor area for the sale of horticultural, landscaping and related supplies and materials: 350 sq. m. A1 8 1148-89 1361-94 Lot 37, Con. 5 Minimum north side yard for all buildings and structures: 15 m. Maximum floor area for accessory buildings: 93 sq. m. A1 10 266A Pt. Lot 26, Con.1 Maximum lot coverage of accessory buildings: 418.06 sq.m. A1 11 005-2003 Pt. Lot 15, Con. 1 Minimum parking spaces: 130 spaces Existing buildings existing shall be deemed to conform with the yard regulations of the A1 Zone contained in Table 6. A1 13 993-86 1361-94 Lot 13, Con. 1 Minimum Lot frontage: 20 m. Minimum Lot area: 1,400 sq. m. Maximum Lot coverage: 40% Minimum side yard: 3 m Minimum building height: 7.5 m Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 71 Zone # By-Law # Address Description of Special Provision A1 14 991-86 1361-94 Lot 13, Con. 1 Minimum lot frontage: 80 m. Minimum lot area: 0.56 ha. Maximum lot coverage: 25% Minimum side yard: 4 m. Maximum Building Height: 7.5 m. A1 15 1181-90 1361-94 Lot 11, Con. 2 Minimum Lot frontage: 108 m. Minimum Lot area: 0.8 ha. Minimum side yard abutting the drainage ditch along the south lot line: 30.48 m. from the north bank of the ditch. A1 16 1190-90 1361-94 Lot 42, Con. 7 Parcel A on Map A-6 (Appendix A) Minimum Lot frontage: 170 m. Minimum Lot area: 7 ha. Parcel B on Map A-6 (Appendix A): Minimum Lot frontage: 35 m. Minimum Lot area: 3,230 sq. m. Minimum Yards: as existing Notwithstanding Section 4.14, the applicable minimum distance separation shall the actual distance between the existing house on Parcel "B" and the existing dairy barn on Parcel "A". A1 17 052-2000 Pt. Lots 40 & 41, Con. 5 Minimum Lot frontage: 129 m. Minimum Lot area: 5.6 ha. A1 18 008-2012 Pt. Lot 28 and 29, Con. 4 Minimum west side yard for the existing barn: 6.00 m. Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 72 Zone # By-Law # Address Description of Special Provision A1 19 031-2002 Pt. Lot 16, Con. 2 Part 1 on Map A-3 (Appendix B): Minimum Lot frontage: 9 m. Minimum Lot area 8.4 ha. Part 2 on Map A-3 (Appendix B): Minimum Lot frontage: 45.6 m. A1 20 1549-99 Lot 20, Con. 1 Minimum Lot area: 5 ha. A1 21 055-2002 Pt. Lot 27, Con. 1 Existing buildings on the lot shall be deemed to conform with the Minimum Front yard, Minimum Side yard and Minimum Rear yard requirements of the A2 Zone. Minimum lot coverage: 20 % A1 22 022-2011 Pt. Lot 15, Con. 2 Minimum Lot frontage: 36.00 m. Minimum Lot area: 6.00 ha. A1 23 022-2011 Pt. Lot 15, Con. 2 Minimum north side yard setback: 0.4 m. A1 24 001-2016 002-2023 Pt. Lot 12, Con. 1 The M.D.S. requirements shall not apply. A1 25 001-2016 002-2023 Pt. Lot 12, Con. 1 Minimum lot area: 11.25 ha. Minimum lot frontage: 158.496 m. A1 26 014-2014 002-2023 Pt. Lot 29, Con. 6 Minimum lot area: 9.815 ha. A1 27 010-2020 Pt. Lot 18 & 19, Con. 6 Minimum lot frontage: 10.77 m A1 28 043-2022 Pt. Lot 19, Con.1 Minimum lot area: 39.04 ha A1 29 043-2022 Pt. Lot 19, Con. 1 Minimum front yard setback (dwelling): 14.2 m Minimum front yard setback (accessory building): 4.9 m Maximum accessory building height for the structure existing as of August 17, 2022: 9 m A2 Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 73 Zone # By-Law # Address Description of Special Provision A2 8 1076-88 1361-94 Lot 32, Con. 3 Minimum lot area: 4.05 ha. Maximum lot coverage for agricultural buildings excluding greenhouses: 3% Maximum lot coverage for greenhouses: 10%. A2 10 1166-90 1361-94 Lot 19, Con. 5 Minimum lot area: 8.8 ha. A2 13 1339-94 Lot 27, Con. 4 Maximum lot coverage: 10% Minimum exterior side yard: 7.5 m Minimum front yard: 7.5 m. A2 19 033-2005 Pt. Lot 37, Con. 3 A hair salon shall be subject to the regulations of the C1 Zone contained in Table 14. A2 21 010-2006 Pt. Lot 39, Con. 6 The sale of sheds, lawn furniture, farm shelters and other farm-related products shall be subject to the regulations of the C1 Zone contained in Table 14. A2 26 023-2000 Pt. Lot 8, Con. 4 Part 2 on Map A-1 (Appendix A) Minimum lot frontage: 85 m. A2 27 002-2007 Pt. Lot 18, Con. 5 The M.D.S. requirements of Section 4.14 shall apply to the existing accessory building and any new livestock operations proposed on the subject lands. A2 28 051-2012 Pt. Lot 21, Con. 5 Minimum Lot Frontage: 13.71 m Minimum Lot area: 2.784 ha Minimum Side yard setback: 9.1 m A2 29 867-84 1361-94 Lot 18, Con. 4 Minimum lot frontage: 30 m. Minimum lot area: 3,250 sq. m. Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 74 Zone # By-Law # Address Description of Special Provision A2 30 904-84 1361-94 Lot 21, Con. 2 Minimum Westerly Side yard for existing barn: 0 m A2 31 904-84 1361-94 Lot 21, Con. 2 Minimum Lot frontage: 129 m. Minimum Easterly Side yard for existing barn: 0 m. A2 32 679-86 1361-94 Lot 25, Con. 7 Minimum Lot frontage: 18.1 m. Minimum Lot area: 0.55 ha. Maximum Height: 7.5 m. Minimum Landscaped Open Space: 35% A2 33 1163-90 1361-94 Lot 17 and 18, Con. 4 Lands subject to this provision and within Lots 17 and 18, Concession 4, shall be considered one lot, for the purposes of calculating lot frontage and lot area, notwithstanding the intervening unopened road allowance between Lots 17 and 18, Concession 4. Minimum lot frontage: 40 m. Minimum lot area: 10 ha. A2 34 1314-93 1361-94 Lots 2 & 3, Con. 4 Minimum setback from southerly lot line for a barn or structure to be used for an animal operation: 304.8 m. A2 35 1575-99 Lot 4&5, Con. 4 Minimum Lot frontage: 88 m. A2 36 058-2000 Pt. Lot 40, Con. 5 Minimum Lot area: 9 ha. A2 37 026-2001 Pt. Lot 13, Con. 2 Existing buildings on the lot shall be deemed to conform with the regulations of the A2 Zone. Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 75 Zone # By-Law # Address Description of Special Provision A2 38 020-2003 Pt. Lot 42, Con. 5 For greenhouse and accessory buildings: Minimum Lot frontage: 96 m. Minimum Lot area: 1.2 ha. Maximum Lot coverage: 50% Minimum Side yard: 3.6 m. Minimum Rear yard: 2 m. A2 39 035-2004 Pt. Lot 1, Con. 2 Minimum lot frontage: 64 m. Minimum lot area: 10.8 ha. A2 40 025-2005 Pt. Lot 29, Con. 5 The M.D.S. requirements of Section 4.14 shall apply to the existing barn and any new livestock operations proposed on the subject lands. A2 41 032-2005 Pt. Lot 33, Con. 2 Minimum Lot frontage: 9.74 m A2 42 Pt. Lot 19, Con. 5 The M.D.S. requirements of Section 4.14 shall apply to the existing accessory building and any new livestock operations proposed on the subject lands. A2 43 033-2006 Pt. Lot 39, Con. 6 Maximum Lot coverage: 17% A2 44 008-2009 Pt. Lot 25, Con. 5 Minimum Lot area" for greenhouses: 1 ha. A2 45 036-2010 Pt. Lot 37, Con. 4 Minimum separation distance for a dwelling from the livestock facility at 43826 Flanagan Road: 135 m. A2 46 037-2012 Pt. Lot 35, Con. 4 Maximum lot coverage for accessory buildings: 285 sq.m. A2 47 54-1010 Pt. Lot 42, Con. 6 Minimum east side yard: 0 m. for existing buildings Minimum north side yard: 7 m. for existing buildings Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 76 Zone # By-Law # Address Description of Special Provision A2 48 54-2010 Pt. Lot 42, Con. 6 Minimum separation distance for a dwelling from the livestock facility at 74242 Concession 6 Road: 85 m. Maximum lot coverage: 14.65% Maximum lot coverage for accessory buildings: 543.5 sq.m. A2 49 006-2011 Pt. Lot 13, Con. 6 Minimum Lot frontage: 97.86 m. Minimum Lot area: 13.82 ha. A2 50 043-2012 Pt. Lot 25, Con. 7 Minimum Lot area: 15.18 ha. Minimum Lot frontage: 106.86 m. A2 51 050-2012 Pt. Lot 23, Con. 7 Minimum lot frontage on an open road: 0 m. Minimum Lot area: 9.41ha. A2 52 051-2012 Pt. Lot 21, Con. 5 Minimum Lot area: 3694.3 sq.m. Minimum North side yard: 1.5 m. A2 53 006-2013 Pt. Lot 44, Con. 6 Minimum Lot frontage: 55.40 m. Minimum Lot area: 14.37 ha. A2 54 007-2013 Pt. Lot 42, Con. 6 Minimum Lot frontage: 20.117 m. Minimum Lot area: 10.9 ha. A2 55 009-2013 Pt. Lot 18 &19, Con, 3 Minimum Lot frontage: 118.74 m. Minimum Lot area: 9.206 ha. A2 56 041-2013 Pt. Lot 42 & 43, Con. 5 Minimum Lot area: 9.23 ha. A2 57 041-2013 Pt. Lot 14 &15, Con. 2 Minimum Lot area: 9.23 ha. A2 58 015-2015 002-2023 Pt. Lot 15, Con. 5 The M.D.S. requirements shall not apply. Minimum lot frontage: 26.76 m Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 77 Zone # By-Law # Address Description of Special Provision A2 59 036-2015 002-2023 Pt. Lot 12, Con. 5 The M.D.S requirements shall not apply. A2 60 036-2015 002-2023 Pt. Lot 12, Con. 5 Minimum lot area: 28.29 ha A2 61 058-2015 002-2023 Pt. Lot 24, Con. 3 The M.D.S. requirements shall not apply. A2 62 052-2016 002-2023 Pt. Lot 4. Con. 2 Minimum lot area: 22.9 ha A2 63 034-2014 002-2023 Pt. Lot 28 & 29, Con. 5 Minimum lot area: 22.63 ha A2 64 053-2018 Pt. Lots 50 & 51, Con. 6 Minimum rear yard: 13.4 m A2 65 053-2018 Pt. Lots 50 & 51, Con. 6 Minimum lot area: 17.27 ha Minimum lot frontage: 176.05 m A2 66 038-2019 Pt. Lot 31, Con. 6 Minimum lot area: 6.210 ha Minimum lot frontage: 83.41m A2 67 060-2019 Pt. Lot 16, 17 & 18, Con. 3 Minimum exterior side yard for wedding venuw: 4.8 m Maximum extent of lot area permitted to be used for a wedding venue: 1 ha The minimum parking requirements for places of assembly in Table 3 of Section 5.1 shall apply to a wedding venue. A2 68 004-2020 Pt. Lot 16 & 17, Con. 3 Minimum lot area: 17.4 ha A2 69 004-2021 Pt. Lot 9, Con. 4 Minimum lot area: 16.99 ha A2 70 005-2021 Pt. Lot 39, Con. 5 Minimum southerly side yard setback: 70 m A2 71 034-2022 Pt. Lot 34 & 35, Con. 2 Minimum lot area: 28.383 ha A2 72 034-2022 Pt. Lot 34 & 35, Con. 2 Maximum accessory building height for the structures existing as of June 15, 2022: 8 m A2 73 015-2012 002-2023 Pt. Lot 35, Con. 5 Minimum lot area: 8.3 ha A2 74 014-2014 002-2023 Pt. Lot 29, Con. 6 Minimum lot area: 15.86 ha Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 78 Zone # By-Law # Address Description of Special Provision A2 75 014-2014 002-2023 Pt. Lot 29, Con. 6 The M.D.S. requirements shall not apply. A2 76 029-2014 002-2023 Pt. Lots 14 & 15, Con. 2 The M.D.S. requirements shall not apply. Maximum number of livestock units: 8 A2 77 024-2018 002-2023 Pt. Lots 50 & 51, Con. 7 Minimum lot area: 19.9 ha A4 A4 3 677-80 006-2006 Lot 1, Con. 1 Maximum permitted Animal Units: 1 A4 4 025-2000 Pt. Lot 7, Con. 1 The provisions of Table 22 in the Institutional Zone shall apply to the place of worship except the following: Minimum lot area: 6.8 ha. Minimum lot frontage: 342 m. Minimum size of chalet: 74.3 sq.m. A4 5 032-2002 Pt. Lots 8 & 9 Part 6 on Map A-2 (Appendix A): Minimum Lot frontage: 20 m. Minimum Lot area: 11 ha. A4 7 1258-92 1361-94 Lot 8, Con. 1 Minimum Lot frontage: 42 m. A4 8 1295-93 1361-94 Lot 7, Con. 1 Minimum Lot frontage: 44 m. A4 9 1378-94 Pt. Lot 1, Con. 1 Minimum Lot frontage 97 m. Minimum Lot area: 1.8 ha. A4 10 1378-94 1504-97 010-2000 Pt. Lot 1, Con. 1 Lot 1, Con. 1 Pt. Lot 1, Con. 1 Minimum setback for buildings and structures from pit or quarry edge: 15 m. Pit or quarry edge means the top of the excavation Face. Township of Wainfleet Comprehensive Zoning By-law Section 6: Agricultural and Rural SGL Planning & Design Inc. Consolidated June 2024 79 Zone # By-Law # Address Description of Special Provision A4 11 015-2001 Pt. Lots 6 & 7, Con. 1 Minimum Lot area: 14 ha. A4 12 033-2002 Pt. Lot 11, Con. 5 Minimum Lot frontage: 142 m. Minimum Lot area: 2.2 ha. A4 13 031-2010 Pt. Lot 9, Con. 5 Maximum Lot coverage: 372 sq. m. Maximum Height of Accessory buildings: 7.6 m. Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 80 7.0 RESIDENTIAL ZONES 7.1 Permitted Uses The uses permitted in the Residential Hamlet (RH) and Residential Lakeshore (RLS) Zones are identified in Table 9 through symbols under the column related to each zone. Table 9: Permitted Uses in the Residential Zones Use RH RLS Single detached dwelling ✓ ✓ Semi-detached dwelling ✓ ✓ Converted dwelling ✓ ✓ Secondary suite * * Home occupation * * Bed and breakfast ✓ ✓ Day care facility ✓ ✓ Group home ✓ ✓ ✓ Permitted use * Permitted as an accessory use only Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 81 7.2 Lot, Building and Structure Requirements 7.2.1 The regulations applicable to each of the Residential Hamlet (RH) and Residential Lakeshore (RLS) Zones are set out in Table 10 with additional requirements applying to specific uses in Section 7.2.2. Table 10: Regulations applying to Residential Zones Uses Min. Lot Area Max. Lot Coverage Min. Lot Frontage Min. Front Yard Min. Exterior Side yard Min. Interior Side yard Min. Rear Yard Max. Height All uses permitted in an RLS Zone 1 ha. (1) Refer to 7.2.2.1 46 m. 15 m. 15 m. 3 m. 15 m. 12 m. All uses permitted in an RLS Zone where an existing lot of record is less than 4,000 m2 As existing Refer to 7.2.2.1 As existing 9 m. 9 m. 1.5 m. 10 m. 12 m. All uses permitted in an RH zone 1 ha. (1) 10 % 46 m. 15 m. 15 m. 3 m. 15 m. 12 m. Note: (1) The minimum lot size shall be 1 hectare unless a hydrogeological study undertaken by an applicant demonstrates that on-site sustainable private services can achieved on a smaller lot with no negative impacts on surface and/or ground water features, in which case the minimum lot size is 4,000 m2 By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 82 7.2.2 Additional Provisions 7.2.2.1 In the RLS Zone, the maximum lot coverage is shown on the maps in Section 15, as a percentage of the lot area, and is denoted by the number following the RLS symbol, shown as RLS.c#, where # denotes the maximum lot coverage. 7.2.2.2 In the RLS Zone, a maximum front yard setback shall be established as the average of the front yard setbacks of the two adjacent lots. Where the average front yard setback is less than the minimum front yard requirement in Table 10, the maximum front yard setback may be greater than the average by up to 1 metre. 7.2.3.3 In the RLS Zone, the maximum depth of a dwelling shall be 16 metres measured from the minimum required front yard setback or from the maximum front yard setback where the average of the two adjacent dwellings are closer to the street than the minimum required front yard setback. 7.3 Site Specific Exceptions for Permitted Uses 7.3.1 Notwithstanding the permitted uses in subsection 7.1, the following Site Specific Exceptions shall apply to the specific property listed in Table 11 and illustrated in Maps 1 to 40 in Section 15. These uses may be: a) in addition to the uses permitted in subsection 7.1 b) solely permitted to the exclusion of all other uses in section 7.1, or c) not permitted, despite being listed in subsection 7.1 Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 83 Table 11: Permitted Use Exceptions Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses RH RH 1 1419-96 Pt. Lot 14, Con. 1 Bridal shop, Craft shop, Apparel shop and Antique shop RH 2 1569-99 Lot 19, Con. 3 Dentist's office, Doctor's office, Real estate office RH 3 043-2004 Pt. Lot 39, Con. 5 Mushroom growing facility RH 4 037-2005 Pt. Lot 32, Con. 5 A pottery studio and related uses RLS RLS 1 1235-91 1361-94 Lot 30, Con. 1 A mobile home for seasonal purposes RLS 2 Pt. Lot 12, Con 1 One private garage Conversion of private garage for human habitation RLS 3 1496-97 1525-98 Lots 18,19, Con. 1 Lot 23, Con. 1 Two existing single detached dwellings RLS 4 005-2009 Pt. Lots 31 & 32, Con. 1 3 existing single detached dwellings, excluding enlargements Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 84 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses RLS 36 036-2007 Pt. Lot 16 & 17, Con. 1 41 single-detached dwelling condominium units and communal water and wastewater services RLS 43 039-2019 Pt. Lot 23, Con. 1 Private storage as a principle use. RLS 46 053-2023 Pt. Lot 14, Con. 1 PCL 41 Accessory building without the erection of the primary dwelling. 7.4 Site Specific Exceptions for Lot. Building and Structure Requirements 7.4.1 The following specific provisions listed in Table 12 shall apply to the properties referenced by each special provision in lieu of the corresponding provisions in Table 10. Table 12: Lot and Building and Structure Exceptions Zone # By-Law # Address Description of Special Provision RH RH 2 1569-99 Lot 19, Con. 3 Maximum gross floor area of all office uses: 60% of the total gross floor area of the building. RH 3 043-2004 Pt. Lot 39, Con. 5 A mushroom growing facility shall be subject to the regulations of the Industrial M1 Zone contained in Table 18. RH 5 707-81 Lot 18, Con. 3 Minimum frontage: 0m. RH 6 846-83 1361-94 Lot 18, Con. 3 Minimum lot frontage: 40 m. Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 85 Zone # By-Law # Address Description of Special Provision RH 7 1096-88 1361-94 Lot 15, Con. 1 Maximum lot coverage: 8%. RH 8 1131-89 1361-94 Lot 31, Con. 4 Minimum lot frontage: 33.5 m. RH 9 1131-89 1361-94 Lot 31, Con. 4 Minimum west side yard for the existing dwelling: 2.16 m. Minimum west side yard for any enlargement or extension of the dwelling: 6 m. RH 10 1138-89 1361-94 Lot 16, Con. 1 Minimum lot frontage: 89.5 m. Minimum lot area: 0.8 ha. RH 11 1147-89 1361-94 Lot 14, Con. 1 The minimum lot frontage: 45.778 m. RH 12 1159-90 1361-94 Lot 37, Con. 4 Minimum lot frontage: 41.26 m. Setback from south lot line: 23 m. RH 13 1163-90 1361-94 Lot 17, Con. 4 Minimum Lot frontage: 33 m. RH 14 1172-90 1361-94 Lot 15, Con. 1 Minimum frontage on a public road: 0 m. The west lot line shall be deemed to be the front lot line. RH( H) 15 1201-90 1361-94 Lot 31, Con. 5 Minimum Lot frontage: 158 m. Minimum Lot area: 6.4 ha. RH 16 1257-92 1361-94 Lot 13, Con. 1 Minimum side yard, from the north, side lot line: 6 m. Minimum side yard, from the south, side lot line: 45.72 m. RH 17 1287-93 1361-94 Lots 15 & 16, Con. 1 Minimum Lot frontage: 40 m. Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 86 Zone # By-Law # Address Description of Special Provision RH 18 1299-93 1361-94 Lots 15 and 16, Con. 1 Minimum Lot Frontage: 45 m. RH 19 1303-93 1361-94 Lots 38 & 39, Con. 4 Minimum Lot frontage: 30 m. Minimum Front yard: 8 m. RH 20 1364-94 Pt. Lot 20, Con. 3 Maximum lot coverage for an accessory building: 111.48 sq. m. RH 21 1495-97 Lot 13, Con. 1 Minimum Lot area 0.6: ha. RH 22 007-2000 Lots 18 & 19, Con. 4 Minimum Lot frontage: 24 m. RH 23 041-2000 Pt. Lot 13, con. 1 Minimum Lot area: 0.6 ha. RH 24 034-2002 Pt. Lot 134, Con. 1 Minimum Lot frontage: 30 m. Minimum Lot area 1,393: sq. m. Maximum Lot coverage: 14.2% Minimum Side yard: 3 m. Minimum Rear yard: 9 m. Accessory Building: Maximum size: 46 sq. m. provided lot coverage not exceeded. Minimum Rear yard: 1.2 m. Minimum Side yard: 1.2 m. RH 25 040-2002 Pt. Lot 14, Con. 1 Part 1 on Map A-4 (Appendix A): Municipal Lot frontage: 40 m. Part 4 and Part 5 on Map A-4 (Appendix A): Minimum Lot frontage: 20 m. RH 26 026-2003 Pt. Lot 16, Con. 1 Minimum Lot frontage: 20 m. RH 27 061-2019 Pt. Lot 18, Con. 3 Minimum lot frontage: 45.89 m. Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 87 Zone # By-Law # Address Description of Special Provision RH 28 061-2019 Pt. Lot 18, Con. 3 Minimum lot frontage: 42.10 m. Minimum front yard: 10 m. Minimum rear yard: 10 m. RH 29 010-2023 Pt. Lot 32, Con. 4 Minimum lot frontage for Lot 5: 35.93 m. Minimum lot frontage for Lot 6: 36.94 m. Minimum lot frontage for Lot 10: 28.45 m. Minimum lot frontage for Lot 11: 33.15 m. RH 30 006-2024 Pt. Lots 19 & 20, Con. 3 Minimum lot frontage: 20 m. Minimum front yard: 10 m. Maximum front yard to the principal dwelling: the average front yard setback of principal dwellings on adjacent lots facing the same street plus 5 m. to a maximum of 25 m. For the purposes of this by-law, a vacant lot shall be considered to have a dwelling front yard setback of 25 m. Minimum side yard: 3 m. Minimum rear yard: 10 m. Maximum height: 2 storeys That the northern property line of Lot 1 be deemed the rear lot line. RLS RLS 1 1235-91 1361-94 Lot 30, Con. 1 Minimum Front yard: 9 m. Minimum Side yard: 0.9 m. one side, 6 m. other side Minimum Rear yard: 9 m. Maximum Mobile home Size: 3.6 m wide 13.1 m length RLS 2 1470-97 Pt. Lot 12, Con. 1 Regulations for a private garage: Minimum front yard: 7.6 m. Minimum side yard: 3 m. Minimum rear yard: 6 m. Minimum gross floor area: 70 sq. m. Maximum building height: 5 m. Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 88 Zone # By-Law # Address Description of Special Provision RLS 3 1525-98 Lot 23, Con. 1 Minimum Yards: 0.8 m. Maximum Lot coverage: 120 sq. m. For the construction of a gazebo: Minimum Distance from the top of the Breakwall: 0.3 m. Minimum Side Yard West Side: 15 m. RLS 4 005-2009 Pt. Lots 31 & 32, Con. 1 Minimum front yard (31L113 Lakeshore): 8.1 m. Minimum front yard (31L109 Lakeshore): 10 m. Minimum front yard for n accessory building: 5.9 m. Minimum west side yard (31L113 Lakeshore): 3.2 m. Minimum east side yard (31L109 Lakeshore): 2.4 m. RLS 5 707-81 713-81 Lot 1, Con. 1 The lot line abutting the unopened road allowance between Lot 1 and Lot 2 is deemed to be the front lot line. Minimum front yard for the existing single detached dwelling: 3 m. Minimum side yard: 6 m. for new dwellings. Minimum front yard: 6 m. for new dwellings. RLS 6 793-82 Lot 7, Con. 1 Minimum Side yard: 4 m. Minimum Side yard: as existing Minimum Rear yard: as existing RLS 7 834-83 1361-94 Lot 31, Con. 1 Minimum Rear yard: 10 m. RLS 8 894-84 1361-94 Lot 5, Con. 1 Minimum Side yard: 2.7 m. RLS 9 931-85 1361-94 Lot 30, Con. 1 Minimum Front yard: 10.7 m. Minimum Side yard: 4.6 m. Minimum Rear yard: 10.7 m. Minimum Distance to High Water Mark: 10.7 m. Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 89 Zone # By-Law # Address Description of Special Provision RLS 10 033-2007 Pt. Lot 4, Con. 1 Maximum Height: 7.5 m. Minimum Landscaped Open Space: 35% Any enlargement or extension to buildings and structures is prohibited below 177.2 m. I.G.L.D. within 50 m. of the Lake Erie shoreline and beyond that, below 176.2 m. I.G.L.D. RLS 11 1178-90 1361-94 Lot 8, Con. 1 Minimum Side yards: as existing Minimum Rear yards: as existing Minimum Landscaped Open Space: 35% RLS 12 1080-88 1361-94 Lot 21, Con. 1 Minimum Landscaped area: 60% Minimum Front yard: 7.5 m. Minimum Rear yard: 7.5 m. RLS 13a 1093-88 1361-94 Lot 3, Con. 1 Lot 1 on Map A-5a (Appendix A) Minimum landscaped area: 60%. Minimum Front yard: 38.1 m. Minimum Rear Yard: 61.0 m. Minimum front and rear yards shall be measured from the midpoint of the front lot line. The rear yard begins at 61.0 m. from the midpoint of the front lot line and extends to the lake. Minimum interior side yard abutting an attached garage with no rooms above: 2 m. and 5 m. for the other interior side yard Minimum interior side yard in all other cases: 4 m. Maximum building height: 7.5 m. Maximum lot coverage for accessory buildings: 93 sq. m. provided the total lot coverage for all buildings and structures on the lot does not exceed the maximum lot coverage for the zone. Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 90 Zone # By-Law # Address Description of Special Provision RLS 13b 1093-88 1361-94 Lot 3, Con. 1 Lot 2 on Map A-5a (Appendix A) Minimum landscaped area: 60%. Front yard: 40.2 m. Rear Yard: 63.1 m. Minimum front and rear yards shall be measured from the midpoint of the front lot line. The rear yard begins at 63.1 m. from the midpoint of the front lot line and extends to the lake. Minimum interior side yard abutting an attached garage with no rooms above: 2 m. and 5 m. for the other interior side yard Minimum interior side yard in all other cases: 4 m. Maximum building height: 7.5 m. (24.6 ft.). Maximum lot coverage for accessory buildings: 93 sq. m. provided the total lot coverage for all buildings and structures on the lot does not exceed the maximum lot coverage for the zone. RLS 13c 1093-88 1361-94 Lot 3, Con. 1 Lot 3 on Map A-5a (Appendix A) Minimum landscaped area: 60%. Front Yard: 40.5 m. Rear Yard: 63.4 m. Minimum front and rear yards shall be measured from the midpoint of the front lot line. The rear yard begins at 63.4 m. from the midpoint of the front lot line and extends to the lake. Minimum interior side yard abutting an attached garage with no rooms above: 2 m. and 5 m. for the other interior side yard Minimum interior side yard in all other cases: 4 m. Maximum building height:: 7.5 m. Maximum lot coverage for accessory buildings: 93 sq. m. provided the total lot coverage for all buildings and structures on the lot does not exceed the maximum lot coverage for the zone. Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 91 Zone # By-Law # Address Description of Special Provision RLS 13d 1093-88 1361-94 Lot 3, Con. 1 Lot 4 on Map A-5a (Appendix A) Minimum landscaped area: 60%. Front Yard: 45.1 m. Rear Yard: 68.0 m. Minimum front and rear yards shall be measured from the midpoint of the front lot line. The rear yard begins at 68.0 m. from the midpoint of the front lot line and extends to the lake. Minimum interior side yard abutting an attached garage with no rooms above: 2 m. and 5 m. for the other interior side yard Minimum interior side yard in all other cases: 4 m. Maximum building height:: 7.5 m. Maximum lot coverage for accessory buildings: 93 sq. m. provided the total lot coverage for all buildings and structures on the lot does not exceed the maximum lot coverage for the zone. RLS 13e 1093-88 1361-94 Lot 3, Con. 1 Lot 5 on Map A-5a (Appendix A) Minimum landscaped area: 60%. Front Yard: 56.4 m. Rear Yard: 79.2 m. Minimum front and rear yards shall be measured from the midpoint of the front lot line. The rear yard begins at 79.2 m. from the midpoint of the front lot line and extends to the lake. Minimum interior side yard abutting an attached garage with no rooms above: 2 m. and 5 m. for the other interior side yard Minimum interior side yard in all other cases: 4 m. Maximum building height:: 7.5 m. Maximum lot coverage for accessory buildings: 93 sq. m. provided the total lot coverage for all buildings and structures on the lot does not exceed the maximum lot coverage for the zone. Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 92 Zone # By-Law # Address Description of Special Provision RLS 13f 1093-88 1361-94 Lot 3, Con. 1 Lot 6 on Map A-5a (Appendix A) Minimum landscaped area: 60%. Front Yard: 50.9 m. Rear Yard: 89.3 Minimum front and rear yards shall be measured from the midpoint of the front lot line. The rear yard begins at 89.3 m. from the midpoint of the front lot line and extends to the lake. Minimum interior side yard abutting an attached garage with no rooms above: 2 m. and 5 m. for the other interior side yard Minimum interior side yard in all other cases: 4 m. Maximum building height:: 7.5 m. Maximum lot coverage for accessory buildings: 93 sq. m. provided the total lot coverage for all buildings and structures on the lot does not exceed the maximum lot coverage for the zone. RLS 13g 1093-88 1361-94 Lot 3, Con. 1 Lot 7 on Map A-5a (Appendix A) Minimum landscaped area: 60%. Front Yard: 58.5 m. (192 ft.) Rear Yard: 100.0 m. (328 ft.) Minimum front and rear yards shall be measured from the midpoint of the front lot line. The rear yard begins at 100.0 m. from the midpoint of the front lot line and extends to the lake. Minimum interior side yard abutting an attached garage with no rooms above: 2 m. and 5 m. for the other interior side yard Minimum interior side yard in all other cases: 4 m. Maximum building height:: 7.5 m. Maximum lot coverage for accessory buildings: 93 sq. m. provided the total lot coverage for all buildings and structures on the lot does not exceed the maximum lot coverage for the zone. Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 93 Zone # By-Law # Address Description of Special Provision RLS 13h 1093-88 1361-94 Lot 3, Con. 1 Lot 8 on Map A-5b (Appendix A) Minimum landscaped area: 60%. All buildings or structures to be constructed on Lot 8 shall be constructed within the building apron as set forth on Map A-5b (Appendix A) Minimum interior side yard abutting an attached garage with no rooms above: 2 m. and 5 m. for the other interior side yard Minimum interior side yard in all other cases: 4 m. Maximum height for a dwelling: 7.5 m. Maximum lot coverage for accessory buildings: 93 sq. m. provided the total lot coverage for all buildings and structures on the lot does not exceed the maximum lot coverage for the zone. RLS 14 1111-89 1361-94 Lot 4, Con. 1 Minimum side yard abutting the road allowance between Lots 3 and 4: 6.096 m. RLS 15 1114-89 1361-94 Lot 15, Con. 1 Minimum easterly side yard: 1.93 m. RLS 16 1115-89 1361-94 Lot 19, Con. 1 Minimum easterly side yard: 1.5 m RLS 17 1214-91 1361-94 Lot 20, Con. 1 Minimum Front yard: 9.4 m. Minimum side yard for an existing accessory building situated on the eastern part of the property: as existing Minimum rear yard for the accessory building situated on the southwestern part of the property: as existing Maximum Lot coverage: 11% RLS 18 1167-90 1361-94 Lot 13, Con. 1 Minimum Side yard Abutting Public Street: 14.0 m. RLS 19 185-90 1361-94 Lot 12, Con. 1 Minimum Lot Area: 1,950 sq. m. Minimum Front Yard: 6 m. Minimum Front yard: 6 m. RLS 20 1219-91 1361-94 Lot Min Lot Frontage: 7.6 m. Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 94 Zone # By-Law # Address Description of Special Provision RLS 21 1344-94 1361-94 Lot 1, Con. 1 The subject land is deemed to be one lot. The lot lines shall be defined as the lot lines on the outside perimeter of the lot and not the lot lines on the internal rights-of-way. The front lot line shall be the lot line on the north perimeter of the lot. The rear lot line shall be the lot line on the south perimeter of the lot. The side lot lines shall be the lot lines on the east and west perimeter of the lot. Minimum setback from any lot line: 6 m. Minimum front yard setbacks for detached private garage and detached carport: 2.1 m. RLS 22 1427-96 Pt. Lot 1, Con. 1 The subject land is deemed to be a lot. The west lot line shall be the front lot line. RLS 23 Pt. Lot 27, Con. 1 Minimum Lot Frontage: 53 m. Minimum Lot Area: 0.6 hectare The existing dwelling shall be deemed to conform with the minimum front yard, minimum side yard and minimum rear yard requirements of the RLS Zone contained in Table 10. RLS 24 1547-99 Lot 10, Con. 1 The existing dwelling and private garage shall be deemed to conform with the yard requirements of the RH Zone contained in Table 10. RLS 25 1550-99 Lot 16, Con. 1 Minimum Lot frontage: 5.7 m. RLS 26 1573-99 Lot 13, Con. 1 Minimum Front yard: 10 m. RLS 27 013-2000 Pt. Lot 18, Con. 1 Minimum Front yard: 7 m. Minimum Side yard Garage Side Only: 1.8 m. Minimum Rear yard: 7 m. Minimum Distance to Top of Bank: 7 m. RLS 28 014-2003 Pt. Lot 15, Con. 1 Minimum Lot frontage shall be: 30 m. Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 95 Zone # By-Law # Address Description of Special Provision RLS 29 039-2003 Pt. Lot 21, Con. 1 Maximum lot coverage: 22% Minimum rear yard: 5 m. Minimum side yard to an accessory building 1.8 m. Minimum distance to top of retaining wall: 5 m. RLS 30 025-2004 Pt. Lot 13, Con. 1 Minimum Lot frontage: 51.8 m. RLS 31 029-2004 Pt. Lot 22, Con. 1 Minimum Rear yard: 11.58 m. RLS 32 031-2004 Pt. Lot 4, Con. 1 Minimum Side yard: 1.8 m. Minimum distance to top of bank: 7 m. RLS 33 026-2005 Pt. Lot 28, Con. 1 Minimum Side yard: 0.16 m. RLS 34 012- 2008 Pt. Lot 9, Con. 1 Maximum Lot coverage: 20.5% RLS 35 031-2007 Pt. Lot 9, Con. 1 Maximum height of an accessory buildings: 5.8 m. Maximum lot coverage: 16.65% Maximum lot coverage of an accessory buildings: 7.02% Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 96 Zone # By-Law # Address Description of Special Provision RLS 36 036-2007 Pt. Lot 16 & 17, Con. 1 Minimum lot area: 14 ha Regulations for Dwelling Units: a) Maximum height: 11 m b) Minimum frontage per unit on a private road: 14 m c) Minimum front yard - lakefront units: 15 m d) Minimum front yard to detached garage - lakefront units: 6 m e) Minimum front yard - non-lakefront units: 4 m f) Minimum front yard to attached garage - non-lakefront units: 6 m g) Minimum rear yard - non-lakefront units: 7.5 m h) Minimum rear yard setback to O-3 zone: 7.5 m i) The depth of a dwelling shall not exceed 3 m beyond the average depth of the adjacent dwellings. j) Minimum side yard setback: 1.5 m k) Maximum lot coverage - lakefront units: 30% l) Maximum lot coverage - non-lakefront units: 45% m) Minimum front yard setback to accessory buildings other than a detached garage: 15 m n) The front wall of an attached garage shall be recessed from the front wall of a dwelling by a minimum of 0.2 m o) Accessory buildings may be permitted in the rear yard with a minimum rear yard and side yard setback of 2 m p) Minimum of 1.5 parking spaces per dwelling unit Certain lands on Schedule 2 are exempt from M.D.S. requirements. The lands shall not be used in the calculation of M.D.S. for expanding farm operations. RLS 37 019-2008 P t. Lot 27, Con. 1 Minimum front yard for private garage: 1.2 meters Minimum west side yard for a private garage: 1.2 meters. Maximum lot coverage for accessory buildings: 3.25% Township of Wainfleet Comprehensive Zoning By-law Section 7: Residential SGL Planning & Design Inc. Consolidated June 2024 97 Zone # By-Law # Address Description of Special Provision RLS 38 030-2009 Pt. Lot 13, Con. 1 Maximum Lot coverage: 19% RLS 39 005-2009 Pt. Lots 31 & 32, Con. 1 Minimum Front yard: 3.6m. RLS 40 044-2009 044-2009 017-2012 Pt. Lot 4, Con. 1 Maximum lot coverage: 20.6%, Minimum easterly side yard setback: 2.57 m. Minimum westerly side yard setback: 2.75 m. Minimum westerly side yard setback for an accessory building: 0.92 m. Maximum lot coverage for an accessory building: 5.10% Minimum front yard setback for a private garage: 6m. RLS 41 014-2010 Pt. Lot 13, Con. 1 Maximum lot coverage: 17% Minimum required northerly side yard: 2 m. Minimum required front yard: 6 m. RLS 42 041-2012 Lot 29, Plan 732 Minimum required westerly side yard: 1.50 m. RLS 43 039-2019 Pt. Lot 23, Con.1 Maximum height: 9.6m RLS 44 035-2022 Pt. Lot 13, Con. 1 Minimum lot area: 0.79 ha Minimum lot frontage: 41 m RLS 45 019-2023 Plan 8 Lots 55 & 56 NP735 Minimum western exterior side yard: 1.5 m Minimum eastern exterior side yard: 2.97 m Minimum rear yard: 1.2 m The subject lands are exempt from the centreline street setback requirements in Section 4.13. RLS 46 053-2023 Pt. Lot 14, Con. 1 PCL 41 Maximum overall lot coverage: 21% Maximum accessory building lot coverage: 21% Minimum accessory building front yard: 3m Minimum accessory building side yard: 1.5m Minimum accessory building height: 6.9m Township of Wainfleet Comprehensive Zoning By-law Section 8: Commercial SGL Planning & Design Inc. Consolidated June 2024 98 8.0 COMMERCIAL ZONES 8.1 Permitted Uses The uses permitted in the Hamlet Commercial (C1), Tourist Commercial (C2) and Resort Recreational Commercial (C3) Zones are identified in Table 13 through symbols under the column related to each zone. Where a "Q" is shown in the column under a zone, a qualification applies to a permitted use as described following Table 13. Table 13: Permitted Uses in the Commercial Zones Use C1 C2 C3 Antiques shop ✓ ✓ Automobile sales establishment ✓ Automotive service station/ gas bar ✓ Automotive service garage ✓ Bank ✓ Bowling Alley ✓ Building or lumber supply use ✓ Banquet Hall ✓ Community centre ✓ Custom workshop ✓ Dry cleaning depot ✓ Farm supply and service establishment ✓ Funeral home ✓ Group home ✓ Garden Centre ✓ Laundromat ✓ Medical or Dental clinic ✓ Motel or hotel ✓ ✓ Offices ✓ Personal service shop ✓ ✓ * Place of entertainment or recreation ✓ Printing establishments ✓ Private clubs ✓ Public use ✓ Restaurants ✓ ✓ * Retail store ✓ Tavern/bar/pub ✓ Food markets ✓ ✓ Convenience retail stores ✓ ✓ * Service shop ✓ Veterinary clinic ✓ Dwelling unit as a secondary use Q1 Q1 Q1 Tourist shop ✓ Cabins and lodges ✓ Golf courses, driving ranges and miniature golf ✓ Campgrounds ✓ Seasonal trailer parks ✓ Township of Wainfleet Comprehensive Zoning By-law Section 8: Commercial SGL Planning & Design Inc. Consolidated June 2024 99 Use C1 C2 C3 Resorts ✓ Existing Dwellings and enlargement hereof ✓ ✓ ✓ ✓ Permitted use * Permitted as an accessory use only Q1 Dwelling units are permitted as a secondary use on a lot provided: a) the gross floor area of the dwelling unit is less than or equal to 50% of the gross floor area of the primary commercial use; b) the dwelling units are not located in the basement, cellar or on the ground floor of a commercial building, except that a dwelling unit may be located on the ground floor of a hotel or motel; and c) Any single detached dwelling constructed secondary to a commercial use on a lot shall meet the requirements of the Hamlet Residential "RH" Zone and shall be located no closer than 7.5 metres from the commercial use. Township of Wainfleet Comprehensive Zoning By-law Section 8: Commercial SGL Planning & Design Inc. Consolidated June 2024 100 8.2 Lot, Building and Structure Requirements 8.2.1 The regulations applicable to uses permitted in the Hamlet Commercial (C1), Tourist Commercial (C2) and Resort Recreational Commercial (C3) Zones are set out in Table 14 and additional requirements applying to specific uses are outlined in Section 8.2.2. Table 14: Regulations Applying to Commercial Zones Uses Min. Lot Area Max. Lot Coverage Min. Lot Frontage Min. Front Yard Min. Exterior Side yard Min. Interior Side yard Min. Rear Yard Max. Height Uses permitted in the C1 Zone, not otherwise listed below 4,000 m2 25 % 46 m. 3 m. 6 m. 1.8 m. except 5 m. abutting a Residential Zone 7.5 m. except 14 m. abutting a Residential Zone 13 m. Uses permitted in the C2 Zone not otherwise listed below 4,000 m2 25 % 46 m. 3 m. 12 m. 5 m. 7.5 m. except 14 m. abutting a Residential Zone 13 m. Uses permitted in the C3 Zone not otherwise listed below 4,000 m2 10% 46 m. 12 m. 12 m. 5 m. 7.5 m. except 14 m. abutting a Residential Zone 13 m. Automotive service stations/gas bars 4,000 m2 25% 46 m. - 9 m. - 7.5 m. for gas bar kiosk 15 m. 7.5 m. 7.5 m. except 14 m. abutting a Residential Zone 13 m. Seasonal trailer parks 8,000 m2 20% 60 m. 12 m. 12 m. 7.5 m. 12 m. 6 m. By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 8: Commercial SGL Planning & Design Inc. Consolidated June 2024 101 8.2.2 Additional Provisions 8.2.2.1 For all permitted uses in a Commercial Zone: a) a minimum of 10% of the lot must be landscaped open space; b) front yards shall have a landscaping area at least 3 metres in width; c) outside storage of goods and products for sale are prohibited; and, d) outdoor lighting shall be downcast and directed away from residential properties. 8.2.2.2 For Automobile Service Stations/Gas Bars: a) the maximum accessory convenience retail floor area shall be 185 square metres, b) propane storage tanks in conjunction with an automobile service station or a gas bar shall be located a minimum of: i) 15 metres from a street line, ii) 10 metres from a lot line, and iii) 15 metres from any residential use or residential zone, and c) light standards, signs, fuel pump islands and fuel pumps may be located in any required minimum yard at a distance of not less than 5 metres from any street line provided that no such structure is located within a required visibility triangle. 8.2.2.3 For Seasonal Trailer parks: a) each cabin or trailer shall occupy a minimum area of 280 square metres; b) each cabin or trailer shall be located a minimum of 7.5 metres from any other cabin or trailer c) the total number of cabins or trailers shall not exceed 12 per hectare of land zoned Resort Recreational "C3". 8.2.2.4 For Tourist shops, the maximum gross floor area shall be 1,000 square metres. 8.2.2.5 For existing dwellings, expansion is permitted, subject to the regulations of the Hamlet Residential "RH" Zone in Table 10. Township of Wainfleet Comprehensive Zoning By-law Section 8: Commercial SGL Planning & Design Inc. Consolidated June 2024 102 8.3 Site Specific Exceptions for Permitted Uses 8.3.1 Notwithstanding the permitted uses in subsection 8.1, the following Site Specific Exceptions shall apply to the specific property listed in Table 15 and illustrated in Maps 1 to 40 in Section 15. These uses may be: a) in addition to the uses permitted in subsection 8.1 b) solely permitted to the exclusion of all other uses in section 8.1, or c) not permitted, despite being listed in subsection 8.1 Table 15: Permitted Use Exceptions Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses C1 C1 1 Lot 30, Con. 5 Automotive Service Garage C1 2 581-78 Lot 20, Con. 1 Radio and television sales and service C1 3 581-78 Lot 20, Con. 4 Woodworking shop Value added agricultural retail, processing, packaging and storage C1 4 1437-96 Pt. Lot 19, Con. 5 A woodworking and furniture making business C2 C2 1 581-78 Lot 28, Con. 1 Automotive service station/gas bar C2 2 810-82 1361-94 Lot 19, Con. 4 Miniature Golf Township of Wainfleet Comprehensive Zoning By-law Section 8: Commercial SGL Planning & Design Inc. Consolidated June 2024 103 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses C2 3 992-86 1361-94 Lot 14, Con. 1 Sales and service of pleasure boats C2 4 009-2007 Pt. Lot 16, Con. 1 Manufacturing and sale of custom windows and mouldings C3 C3 1 930-85 1361-94 Lot 30, Con. 1 Single detached dwelling used by the property owner. C3 2 1361-94 Pt. Lot 22, Con. 1 1 single detached dwelling 25 seasonal rental units 50 summer campsites for trailer or motor home C3 3 033-2001 Pt. Lot 14, Con. 1 An apparel shop and tourist shop 8.4 Site Specific Exceptions for Lot, Building and Structure Requirements 8.4.1 The following specific provisions listed in Table 16 shall apply to the properties referenced by each special provision in lieu of the corresponding provisions in Table 14. Township of Wainfleet Comprehensive Zoning By-law Section 8: Commercial SGL Planning & Design Inc. Consolidated June 2024 104 Table 16: Lot and Building and Structure Exceptions Zone # By-Law # Address Description of Special Provision C1 C1 5 747-81 Lot 19, Con. 3 Minimum Lot area 2,900: sq. m. Maximum Lot coverage: 20% C1 6 1361-94 Pt. Lot 20, Con. 6 Maximum seating capacity in the existing restaurant: 30 persons C1 7 1519-98 Lot 19, Con. 6 Minimum lot frontage: 5.4m. C2 C2 5 1361-94 Pt. Lot 4, Con. 1 Maximum seating capacity in the existing restaurant: 27 persons Minimum parking spaces: 17 C3 C3 3 033-2001 Pt. Lot 14, Con. 1 The existing building and structures shall be deemed to conform with the requirements of the C2 Zone contained in Table 14. Township of Wainfleet Comprehensive Zoning By-law Section 9: Industrial SGL Planning & Design Inc. Consolidated June 2024 105 9.0 INDUSTRIAL ZONES 9.1 Permitted Uses The uses permitted in the Industrial (M1) and Extractive Industrial (M2) Zones are identified in Table 17 through symbols under the column related to each zone. Where a "Q" is shown in the column under a zone, a qualification applies to a permitted use as described following Table 17. Table 17: Permitted Uses in the Industrial Zones Use M1 M2 Manufacturing and Industrial uses Q1, Q2 Warehousing and Wholesaling uses Q2 Kennels ✓ Custom welding, fabrication and assembly ✓ Public storage ✓ Transport truck depot ✓ Works yards ✓ Pits and Quarries, and processing of extracted natural materials ✓ Agricultural uses, including only existing intensive animal operations Q3 Portable asphalt plant ✓ Accessory Retail Sales * * ✓ Permitted use * Permitted as an accessory use only Q1 Noxious manufacturing and industrial uses are prohibited. Q2 A salvage yard is not considered a manufacturing, warehousing or industrial use. Q3 Subject to the requirements of the A1 Zone. Township of Wainfleet Comprehensive Zoning By-law Section 9: Industrial SGL Planning & Design Inc. Consolidated June 2024 106 9.2 Lot, Building and Structure Requirements 9.2.1 The regulations applicable to uses permitted in the Industrial (M1) and Extractive Industrial (M2) Zones are set out in Table 18 and additional requirements applying to specific uses are outlined in Section 9.2.2. Table 18: Regulations Applying to Industrial Zones Uses Min. Lot Area Max. Lot Coverage Min. Lot Frontage Min. Front Yard Min. Exterior Side yard Min. Interior Side yard Min. Rear Yard Max. Height Uses permitted in the M1 Zone not otherwise listed below 4,000 m2 30% 46 m. 15 m. 10 m. 7.5 m. except 10 m. abutting a Residential Zone 7.5 m. except 15 m. abutting a Residential Zone abutting a railway right-of-way or siding 17 m. Kennels 10 hectare 10% 180 m. 150 m. 150 m. 75 m. except 150 m. abutting a Dwelling or Institutional use on another lot or parcel 75 m. except 150 m. abutting a Dwelling or Institutional use on another lot or parcel 13 m. Uses permitted in the M2 Zone Building or Structure, excluding fence Excavation NR NR NR - 30 m. from lot line - 90 m. from occupied dwelling or Residential Zone NR NR NR NR - 15 m - 30 m. from any street, occupied dwelling or Residential Zone NR NR = No requirement By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 9: Industrial SGL Planning & Design Inc. Consolidated June 2024 107 9.2.2 Additional Provisions 9.2.2.1 For all uses: a) Open air operations, storage and display of goods or materials are prohibited in any front yard, or in any side yard or rear yard which abuts a Provincial Highway, b) The storage and use of hazardous liquid or bleachable chemicals requires a secondary containment system around storage areas subject to site plan control. 9.2.2.2 For all uses, except agricultural uses, a landscaping area having a minimum depth of 3 metres shall be provided in the front yard abutting the front lot line, and in the exterior side yard abutting the exterior side lot line except where an ingress or egress is situated in accordance with Section 5.8. 9.2.2.3 For industrial and manufacturing uses, accessory retail sales of products manufactured, assembled or stored on the property is permitted to a maximum size of 15% of the gross floor area of the industry and/or manufacturing use. 9.2.2.4 For Agricultural uses, the regulations for the Agricultural Transition "A1" Zone in Table 6 shall apply. 9.3 Site Specific Exceptions for Permitted Uses 9.3.1 Notwithstanding the permitted uses in subsection 9.1, the following Site Specific Exceptions shall apply to the specific property listed in Table 23 and illustrated in Maps 1 to 40 in Section 15. These uses may be: a) in addition to the uses permitted in subsection 9.1 b) solely permitted to the exclusion of all other uses in section 9.1, or c) not permitted, despite being listed in subsection 9.1 Township of Wainfleet Comprehensive Zoning By-law Section 9: Industrial SGL Planning & Design Inc. Consolidated June 2024 108 Table 19: Permitted Use Exceptions Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses M1 M1 1 581-78 1473-97 Lot 38, Con. 1 One single detached dwelling, A transport truck depot, Automotive service garage, A welding fabrication shop, Storage M1 2 581-78 38-2000 Lot 36, Con. 5 Storage and maintenance of construction equipment, A welding shop, Restaurant, Farmers market M1 3 677-80 Lot 1, Con. 3 Extraction and packaging of peat M1 4 1049-87 Lot 22, Con. 1 Manufacturing of gas fired burners for radiant tube heating systems, Manufacturing of extension stems for underground water valves Dwellings Township of Wainfleet Comprehensive Zoning By-law Section 9: Industrial SGL Planning & Design Inc. Consolidated June 2024 109 Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses M1 5 802-82 Lot 1, Con. 1 Offices, Accessory industrial warehousing of a minor nature, Accessory helicopter landing pad. Outdoor storage and display of materials M1 6 1361-94 1387-94 Lot 15 Con. 1 A ditching and drainage company, Storage and repairing of equipment, Construction and heavy equipment sales and service, Farm supply and service establishment, Office, Building bay rental, Outside storage of personal goods, boats, trailers, vintage cars and recreational vehicles M1 7 043-2002 Pt. Lot 5, Con. 5 Office, 2 bay train engine maintenance building, Accessory Parking Lot Township of Wainfleet Comprehensive Zoning By-law Section 9: Industrial SGL Planning & Design Inc. Consolidated June 2024 110 M2 M2 1 OMB decision PL051302 and PL 060001 Part Lots 2,3,4, and 5 and Concession 1 A quarry inclusive or processing and related plant and operational facilities for the crushing, screening and washing of aggregate materials; Aggregate stockpiling where the aggregate is derived from crushed bedrock produced with the Extractive Industrial (M3) Zone - Exception 310 Agriculture Conservation, forestry and reforestation; A public use and/or utility The outside storage of goods and materials where such use is ancillary and incidental to a permitted non-residential used otherwise specified herein. Residential Uses 9.4 Site Specific Exceptions for Lot, Building and Structure Requirements 9.4.1 The following specific provisions listed in Table 20 shall apply to the properties referenced by each special provision in lieu of the corresponding provisions in Table 18. Township of Wainfleet Comprehensive Zoning By-law Section 9: Industrial SGL Planning & Design Inc. Consolidated June 2024 111 Table 20: Lot and Building and Structure Exceptions Zone # By-Law # Address Description of Special Provision M1 M1 2 581-78 38-2000 Lot 36, Con. 5 Maximum restaurant seating: 16 persons Maximum number of outside venders for farmers market: 14 Minimum parking spaces for the farmers market: 24 M1 4 1049-87 Lot 22, Con. 1 Minimum front yard: 30 m. Minimum rear yard: 30 m. Minimum side yard: 30 m. Minimum northerly side yard: 15 m. Maximum lot coverage: 10%. Maximum gross floor area: 15% of the lot area. M1 5 802-82 Lot 1, Con. 1 Minimum parking spaces: 1 space for each 28 sq. m. of ground floor area plus one space for each 70 sq. m. of remaining gross floor area. M1 6 1361-94 1387-94 Lot 15 Con. 1 Maximum Lot coverage: 25% Minimum Side yard for New Structures: 12 m. Minimum Rear yard: 15 m. M1 8 1186-90 1361-94 Lot 6, Con. 6 Minimum Side yard: 15.2 m. M1 9 006-2000 Lot 40, Con. 5 Minimum Side yard on the south side of the building: 6 m. M1 7 043-2002 Pt. Lot 5, Con. 5 Maximum Lot frontage: as existing Maximum Lot area: as existing Minimum Front yard: 217 m. Minimum Number of Parking spaces: 5 m. Township of Wainfleet Comprehensive Zoning By-law Section 9: Industrial SGL Planning & Design Inc. Consolidated June 2024 112 Zone # By-Law # Address Description of Special Provision M2 1 OMB decision PL051302 and PL 060001 Part Lots 2,3,4, and 5 and Concession 1 Minimum yard requirements to: - Highway No. 3: 30 metres - Quarries Road: 30 metres - Bessey Road: 30 metres - Adjacent the Trans Canada trail: 20 metres - Adjacent to Open Space Zones: 30 metres Minimum yard from product stockpile: 30 metres and 90 metres to any dwelling unit or area zoned within Residential Zone where such lands are held under distinct and separate ownership. Township of Wainfleet Comprehensive Zoning By-law Section 10: Institutional SGL Planning & Design Inc. Consolidated June 2024 113 10.0 INSTITUTIONAL ZONE 10.1 Permitted Uses The uses permitted in the Institutional (I) Zone are identified in Table 21 through symbols under the column related to the zone. Where a "Q" is shown in the column under a zone, a qualification applies to a permitted use as described following Table 21. Table 21: Permitted Uses in the Institutional Zone Use I Places of worship, Monastery, Convent ✓ Schools ✓ Day nurseries ✓ Nursing home, ✓ Children's home ✓ Hospitals ✓ Municipal arena ✓ Municipal community centre ✓ Municipal offices ✓ Municipal operations centre ✓ Training school ✓ Libraries ✓ Post offices ✓ Police stations ✓ Fire halls ✓ Weigh-scales and fruit and vegetable inspection stations ✓ Water and sewage treatment, pumping and storage facilities Q1 Dwellings existing prior to the passing of this by-law ✓ ✓ Permitted use Q1 Water and sewage treatment, pumping and storage facilities shall be carried out by or on behalf of a Municipal, Provincial, or Federal Government or Utility Agency. By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 10: Institutional SGL Planning & Design Inc. Consolidated June 2024 114 10.2 Lot, Building and Structure Requirements 10.2.1 The regulations applicable to uses permitted in the Institutional (I) Zone are set out in Table 22 and additional requirements applying to specific uses are outlined in Section 10.2.2. Table 22: Regulations applying to the Institutional Zone Uses Min. Lot Area Max. Lot Coverage Min. Lot Frontage Min. Front Yard Min. Exterior Side yard Min. Interior Side yard Min. Rear Yard Max. Height All uses, not otherwise listed below 4,000 m2 30% 46 m. 15 m. 15 m. 7.5 m. 7.5 m. NR Schools 1.6 hectares NA 90 m. 15 m. 7.5 m. 7.5 m. 7.5 m. NR NR = No requirement 10.2.2 Additional Provisions 10.2.2.1 A landscaping area in the form of a planting strip having a minimum width of 1.5 metres shall be provided adjacent to every portion of any lot line that abuts any Residential Zone. 10.0.2.2 A landscaping area having a minimum depth of 3 metres shall be provided in the front yard abutting the front lot line, and in the exterior side yard abutting the exterior side lot line except where an ingress or egress is situated in accordance with Section 5.8. 10.2.2.3 Permitted dwellings shall be subject to the regulations of the Hamlet Residential "RH" Zone in Table 10. Township of Wainfleet Comprehensive Zoning By-law Section 10: Institutional SGL Planning & Design Inc. Consolidated June 2024 115 10.3 Site Specific Exceptions for Permitted Uses 10.3.1 Notwithstanding the permitted uses in subsection 10.1, the following Site Specific Exceptions shall apply to the specific property listed in Table 23 and illustrated in Maps 1 to 40 in Section 15. These uses may be: a) in addition to the uses permitted in subsection 10.1 b) solely permitted to the exclusion of all other uses in section 10.1, or c) not permitted, despite being listed in subsection 10.1 Township of Wainfleet Comprehensive Zoning By-law Section 10: Institutional SGL Planning & Design Inc. Consolidated June 2024 116 Table 23: Permitted Use Exceptions Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses I 1 1335-93 1361-94 Lot 6, Con. 1 Manufacture of wooden caskets, coffins and urns I 2 1586-99 Pt. Lots 6 & 7, Con. 1 One single detached dwelling 10.4 Site Specific Exceptions for Lot, Building and Structure Requirements 10.4.1 The following specific provisions listed in Table 24 shall apply to the properties referenced by each special provision in lieu of the corresponding provisions in Table 22. Table 24: Lot and Building and Structure Exceptions Zone # By-Law # Address Description of Special Provision I 3 076-2019 Pt. Lot 20, Con. 4 Minimum rear yard: 5m Township of Wainfleet Comprehensive Zoning By-law Section 11: Open Space SGL Planning & Design Inc. Consolidated June 2024 117 11.0 OPEN SPACE ZONE 11.1 Permitted Uses The uses permitted in the Open Space (O) Zone are identified in Table 25 through symbols under the column related to each zone. Table 25: Permitted uses in the Open Space Zones ✓ Permitted use Use O Arena ✓ Parks ✓ Playgrounds ✓ Tennis courts ✓ Lawn bowling greens ✓ Outdoor natural rinks ✓ Athletic fields ✓ Golf courses ✓ Picnic areas ✓ Community and recreation centres ✓ Boat launching ramps ✓ Shelters and docking facilities ✓ Outdoor swimming pools ✓ Cemeteries, crematoriums ✓ Accessory residential uses for maintenance and security staff ✓ Existing Agricultural uses, excluding buildings and structure ✓ Flood and erosion protection works ✓ Forestry use ✓ Conservation uses ✓ Trails and pedestrian rest areas ✓ Township of Wainfleet Comprehensive Zoning By-law Section 11: Open Space SGL Planning & Design Inc. Consolidated June 2024 118 11.2 Lot, Building and Structure Requirements The regulations applicable to uses permitted in the Open Space (O) Zone are set out in Table 26. Table 26: Regulations applying to the Open Space Zone Uses Min. Lot Area Max. Lot Coverage Min. Lot Frontage Min. Front Yard Min. Exterior Side yard Min. Interior Side yard Min. Rear Yard All Open Space Zone uses, not otherwise listed below 700 m2 10% 15 m. 15 m. 15 m. 7.5 m. except 15 m. abutting a Residential Zone 7.5 m. except 15 m. abutting a Residential Zone Cemeteries, and crematoriums 8,000 m2 10% 15 m. 15 m. 15 m. 7.5 m. except 15 m. abutting a Residential Zone 7.5 m. except 15 m. abutting a Residential Zone 11.3 Site Specific Exceptions for Permitted Uses 11.3.1 Notwithstanding the permitted uses in subsection 11.1, the following Site Specific Exceptions shall apply to the specific property listed in Table 27 and illustrated in Maps 1 to 40 in Section 15. These uses may be: a) in addition to the uses permitted in subsection 11.1 b) solely permitted to the exclusion of all other uses in section 11.1, or c) not permitted, despite being listed in subsection 11.1 Township of Wainfleet Comprehensive Zoning By-law Section 11: Open Space SGL Planning & Design Inc. Consolidated June 2024 119 Table 27: Permitted Use Exceptions Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses O1 O 1 1398-95 NPCA- Chippawa Park Pt. Lots 46 & 47, Con. 7 Resource Centre, Overnight camping, Miniature Golf Course Community and recreation centres O 2 033-2000 Pt. Lots 3 & 4, Cons. 1 & 2 Nature centre, Office, Accessory parking lot, Dwelling unit for security staff. Community and recreation centre, O 3 036-2007 Part of Lot 17, Cons. 1 Recreational uses Buildings and Structures O 4 1361-94 Pt. Lots 1 & 2, Con. 3 Existing uses O 5 OMB decision PL051302 and PL 060001 Part Lots 2,3,4, and 5 and Concession 1 Conservation, reforestation or other use providing for the preservation of the environment O 6 036-2017 Pt. Lots 16 & 17, Con. 1 Communal water and wastewater services and buildings and structures related to the use. 11.4 Site Specific Exceptions for Lot, Building and Structure Requirements 11.4.1 The following specific provisions listed in Table 28 shall apply to the properties referenced by each special provision in lieu of the corresponding provisions in Table 26. Township of Wainfleet Comprehensive Zoning By-law Section 11: Open Space SGL Planning & Design Inc. Consolidated June 2024 120 Table 28: Lot and Building and Structure Exceptions Zone # By-Law # Address Description of Special Provision O1 O 4 1361-94 Pt. Lots 1 & 2, Con. 3 The lands shall be preserved in a natural state. O 6 1314-93 1361-94 Lots 2 & 3, Con. 4 Minimum setback from southerly lot line for a barn or structure to be used for an animal operation: 304.8 m. Township of Wainfleet Comprehensive Zoning By-law Section 12: Mobile Home Park SGL Planning & Design Inc. Consolidated June 2024 121 12.0 MOBILE HOME PARK ZONE 12.1 Permitted Uses The uses permitted in the Mobile Home Park (MHP) Zone are identified in Table 29 through symbols under the column related to each zone. Table 29: Permitted Uses in the Mobile Home Park Zone Use MHP Mobile home parks ✓ Single detached dwelling ✓ Convenience retail store * ✓ Permitted use * Permitted as an accessory use only Township of Wainfleet Comprehensive Zoning By-law Section 12: Mobile Home Park SGL Planning & Design Inc. Consolidated June 2024 122 12.2 Lot, Building and Structure Requirements 12.2.1 The regulations applicable to uses permitted in the Mobile Park (MHP) Zone are set out in Table 30 and additional requirements applying to specific uses are outlined in Section 12.2.2. Table 30: Regulations applying to the Mobile Home Park Zone Uses Min. Lot Area Max. Lot Coverage Min. Lot Frontage Min. Front Yard Min. Exterior Side Yard Min. Interior Side yard Min. Rear Yard Min. Floor Area Mobile home park 2 hectares NA 60 m. 15 m. 15 m. 7.5 m. except 15 m. adjacent to a Residential Zone 7.5 m. except 15 m. adjacent to a Residential Zone NA Mobile home site see Section 12.2.2.1 NA 12 m. 5 m. 1 m. on one side, 3.5 m. on the other 7.5 m. 65 m2 Convenience retail store 2 hectares 5% 60m 15m 15m 7.5 m. except 15 m. adjacent to a Residential Zone 7.5 m. except 15 m. adjacent to a Residential Zone NA By-law 023-2024 Township of Wainfleet Comprehensive Zoning By-law Section 12: Mobile Home Park SGL Planning & Design Inc. Consolidated June 2024 123 12.2.2 Additional Provisions 12.2.2.1 The minimum size of a mobile home site on communal septic services shall be 465 square metres and the minimum size of a mobile home site on sustainable private services shall be of sufficient size to meet requirements of the Building Code Act but not less than 700 square metres. 12.2.2.2 Compliance of mobile home site requirements in Section 12.2.2.1 does not exempt compliance with the mobile home park requirements in Section12.2. 12.2.2.3 A minimum of 10% of the lot area used for a Mobile Home Park shall be provided for recreational purposes in a single consolidated area. 12.2.2.4 Each mobile home site shall be accessible by means of a driveway: a) at least 3.5 metres in width where the driveway is for one-way traffic b) at least 7.5 metres in width where the driveway is for two-way traffic 12.2.2.5 The maximum number of mobile home sites shall be 20 per net hectare. 12.2.2.6 For existing dwellings, expansion is permitted, subject to the regulations of the Hamlet Residential "RH" Zone in Table 10. 12.3 Site Specific Exceptions for Permitted Uses 12.3.1 Notwithstanding the permitted uses in subsection 12.1, the following Site Specific Exceptions shall apply to the specific property listed in Table 31 and illustrated in Maps 1 to 40 in Section 15. These uses may be: a) in addition to the uses permitted in subsection 12.1 b) solely permitted to the exclusion of all other uses in section 12.1, or c) not permitted, despite being listed in subsection 12.1 Township of Wainfleet Comprehensive Zoning By-law Section 12: Mobile Home Park SGL Planning & Design Inc. Consolidated June 2024 124 Table 31: Permitted Use Exceptions Zone # By-Law # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses 12.4 Site Specific Exceptions for Lot, Building and Structure Requirements 12.4.1 The following specific provisions listed in Table 32 shall apply to the properties referenced by each special provision in lieu of the corresponding provisions in Table 30. Table 32: Lot and Building and Structure Exceptions Zone # By-Law # Address Description of Special Provision Township of Wainfleet Comprehensive Zoning By-law Section 13: Overlay Zone SGL Planning & Design Inc. Consolidated June 2024 125 13.0 OVERLAY ZONES 13.1 Permitted Uses 13.1.1 The uses permitted in the Overlay Zones are identified in Table 33 through symbols under the column related to each zone. Table 33: Permitted Uses in the Overlay Zones Use Hazard Environmental Protection Environmental Conservation Fish Habitat Parks ✓ Playgrounds ✓ Athletic fields ✓ Golf courses excluding buildings ✓ Picnic areas ✓ Boat launching ramps ✓ Docking facilities ✓ Existing agricultural uses, excluding buildings and structures ✓ ✓ ✓ Agricultural uses, excluding buildings ✓ Flood and erosion protection works ✓ ✓ ✓ ✓ Forestry use ✓ ✓ ✓ ✓ Conservation uses ✓ ✓ ✓ ✓ Trails and pedestrian rest areas ✓ ✓ ✓ ✓ ✓ Permitted use 13.1.2 All lands falling within a Hazard Overlay Zone, Environmental Conservation Overlay Zone, Environmental Protection Overlay Zone and Fish Habitat Overlay Zone are identified on the maps in Section 15 with a hatched overlay. 13.1.3 Notwithstanding the permitted uses in the applicable underlying zones shown on the maps in Section 15, where a lot is also subject to an Environmental Protection Overlay Zone, no uses and no building or structure or an expansion to an existing building or structure shall be permitted until an environmental impact study (EIS), in accordance with EIS Guidelines, as adopted by the Township, Regional Municipality of Niagara or Peninsula Conservation Authority, as may be amended from time to time, and other studies that may be required by the Township based on approved guidelines or terms of reference, are approved. The requirement for an EIS may be scoped or waived in accordance with the EIS guidelines. The uses permitted in Table 33 may be permitted subject to a scoped EIS in accordance with the EIS guidelines. 13.1.4 The environmental impact study required by Section 13.1.3 shall confirm the boundaries of any natural heritage feature or area within the Environmental Protection Zone and any required buffer to the natural heritage feature or area. Where the environmental impact study, determines that the boundary is smaller Township of Wainfleet Comprehensive Zoning By-law Section 13: Overlay Zone SGL Planning & Design Inc. Consolidated June 2024 126 than the Environmental Protection Zone shown on the maps in Section 15, the lands no longer falling within the boundary of the Environmental Protection Overlay Zone shall be subject to the requirements of the underlying zone. 13.1.5 Notwithstanding the permitted uses in the applicable underlying zones shown on the maps in Section 15, where a lot is also subject to an Environmental Conservation Overlay Zone, no uses and no building or structure or an expansion to an existing building or structure shall be permitted until an environmental impact study (EIS), in accordance with EIS Guidelines as adopted by the Township, Regional Municipality of Niagara or Niagara Peninsula Conservation Authority, as may be amended from time to time, and other studies that may be required by the Township based on approved guidelines or terms of reference, are approved. The requirement for an EIS may be scoped or waived in accordance with the EIS guidelines. The uses permitted in Table 33 may be permitted subject to a scoped EIS in accordance with the EIS guidelines. 13.1.6 The environmental impact study (EIS) required by Section 13.1.5 shall confirm the boundaries of any natural heritage feature or area within the Environmental Conservation Overlay Zone and shall determine the uses in the underlying zones that may be permitted. 13.1.7 Where a Hazard Overlay Zone is shown on the maps in Section 15, it includes hazards associated with watercourses (riverine erosion, flooding hazard) and the Lake Erie shoreline as per the Niagara Peninsula Conservation Authority's Regulation of Development, Interference with Wetlands and Alteration to Shorelines and Watercourses O. Reg. 1-55/05 . Along a watercourse, the Hazard Overlay Zone includes the greater of: the stable top of bank for erosion hazards, or the flooding hazard of a watercourse. Along Lake Erie, the Hazard Overlay Zone includes the greater of the flooding hazard, erosion hazard or dynamic beach hazard associated with Lake Erie. 13.1.8 Notwithstanding the permitted uses in the applicable underlying zones shown on the maps in Section 15, where a lot is also subject to a Hazard Overlay Zone, no uses and no building or structure or an expansion to an existing building or structure shall be permitted unless a permit for development or site alteration is issued by the Niagara Peninsula Conservation Authority (NPCA). Where a permit is issued by the NPCA, the requirements of the underlying zone shall apply to the extent permitted by the permit issued by the NPCA. 13.1.9 Notwithstanding the permitted uses in the applicable underlying zones shown on the maps in Section 15, where a lot is also subject to a Fish Habitat Overlay Zone, no uses and no building or structure or an expansion to an existing building or structure shall be permitted within 30 metres of the stable top of bank adjacent to a watercourse containing critical fish habitat as defined by the Ministry of Natural Resources and Forestry (MNRF) or within 15 metres of the stable top of bank Township of Wainfleet Comprehensive Zoning By-law Section 13: Overlay Zone SGL Planning & Design Inc. Consolidated June 2024 127 adjacent to a watercourse containing Important or Marginal fish habitat as defined by the MNRF until an environmental impact study (EIS), in accordance with EIS Guidelines as adopted by the Township, Regional Municipality of Niagara or Niagara Peninsula Conservation Authority, as may be amended from time to time, and other studies that may be required by the Township based on approved guidelines and terms of reference, are approved. The requirement for an EIS may be scoped or waived in accordance with the EIS guidelines. The uses permitted in Table 33 may be permitted subject to a scoped EIS in accordance with the EIS guidelines. 13.1.10 The environmental impact study required by Section 13.1.9 shall demonstrate that the permitted uses of the underlying zone will result in no net loss of the productive capacity of fish habitat as determined by the Department of Fisheries and Oceans or its designate and determine the uses in the underlying zones that may be permitted Township of Wainfleet Comprehensive Zoning By-law Section 14: Holding Provisions SGL Planning & Design Inc. Consolidated June 2024 128 14.0 HOLDING ZONE 14.1 Notwithstanding any other provisions of this By-law, where a zone symbol is followed by an open bracket and the letter "H" and a closed bracket, the lands subject to that zone shall be used only for the uses, buildings and structures that existed at the date of the passing of this by-law, until the "H" is removed. 14.2 Council may pass a by-law to remove the Holding (H) Symbol, thereby placing the lands in the zone indicated by the zone symbol, when all of the applicable requirements have been met. 14.3 The following Holding provisions in Table 34 apply to the properties specified: Table 34: Holding Zone Provisions Zone By-Law # Address Description of Holding Provision Map No. RLS 036-2007 Pt. Lot 17, Con. 1 The (H) provision may be removed following approval and installation: a. a site plan agreement or condominium agreement and a municipal responsibility agreement for the water supply and sewage disposal systems; b. a storm water management plan, grading plan and drainage plan satisfactory to the Township and the Niagara Peninsula Conservation Authority; c. a landscaping plan and a tree preservation plan satisfactory to the Township; d. an environmental impact statement with habitat preservation plans satisfactory to the Township and the Regional Municipality of Niagara; e. a geotechnical study for the proposed water supply and sewage disposal systems satisfactory to the Township and the Ministry of the Environment; f. Environmental Site Assessments satisfactory to the Township and the Ministry of the Environment; g. a transportation impact study satisfactory to the Township; and h. parkland dedication satisfactory to the Township. Map 25 Township of Wainfleet Comprehensive Zoning By-law Section 14: Holding Provisions SGL Planning & Design Inc. Consolidated June 2024 129 Zone By-Law # Address Description of Holding Provision Map No. RLS 044-2009 044-2009 017-2012 Pt. Lot 4, Con. 1 Requirement to lift the (H) provision: Lot grading and drainage plan prepared by a qualified professional and approved by the Township. Map 31 C1 007-2008 Pt. Lot 19, Con. 4 Requirement to lift the (H) provision: Arrangements for road widening of Forks Road are made to the satisfaction of the Regional Municipality of Niagara. Map 37 C1 007-2008 Pt. Lot 19, Con. 4 Requirement to lift the (H) provision: Access arrangements to Provincial Highway 3 are made to the satisfaction of the Ministry of Transportation on Ontario. Map 37 C3 045-2009 Pt. Lot 24, Con. 1 Requirement to lift the (H) provision: 1. Lot grading and drainage plan prepared by a qualified professional and approved by the Township, the Regional Municipality of Niagara and the Niagara Peninsula Conservation Authority. 2. Report titled "Hydrogeological Assessment 24L51 and 24L53 Lakeshore Road" prepared by Trow Engineering and dated March 19, 2009 is "peer reviewed" to the satisfaction of the Township of Wainfleet and the Regional Municipality of Niagara. Map 22 C3 045-2009 Pt. Lot 24, Con. 1 Requirement to lift the (H) provision: 1. Lot grading and drainage plan prepared by a qualified professional and approved by the Township, the Regional Municipality of Niagara and the Niagara Peninsula Conservation Authority. 2. Report titled "Hydrogeological Assessment 24L51 and 24L53 Lakeshore Road" prepared by Trow Engineering and dated March 19, 2009 is "peer reviewed" to the satisfaction of the Township of Wainfleet and the Regional Municipality of Niagara. Map 22 Township of Wainfleet Comprehensive Zoning By-law Section 14: Holding Provisions SGL Planning & Design Inc. Consolidated June 2024 130 Zone By-Law # Address Description of Holding Provision Map No. C3 045-2009 Pt. Lot 24, Con. 1 Requirement to lift the (H) provision: 1. Lot grading and drainage plan prepared by a qualified professional and approved by the Township, the Regional Municipality of Niagara and the Niagara Peninsula Conservation Authority. 2. Report titled "Hydrogeological Assessment 24L51 and 24L53 Lakeshore Road" prepared by Trow Engineering and dated March 19, 2009 is "peer reviewed" to the satisfaction of the Township of Wainfleet and the Regional Municipality of Niagara. Map 22 RH Various properties within the Hamlets, except Lots 38 & 39, Con. 4 Requirement to lift the (H) provision: Plan of subdivision or consent approved by the Township of Wainfleet. Maps 33- 40, A4/A2 Lots 6,7,8,9, Con. 6 and 7 Requirement to lift the (H) provision: Noise study submitted to the satisfaction of the Township of Wainfleet. Maps 5 and 9 Township of Wainfleet Comprehensive Zoning By-law Section 15: Maps SGL Planning & Design Inc. Consolidated June 2024 131 15.0 MAPS NOTE: Consolidated mapping is pending - the following maps are not current. Please contact Planning staff to confirm zoning for your property/project. See Map 12 See Map 1 See Map 2 See Map 3 See Map 5 See Map 4 See Map 9 See Map 8 See Map 6 See Map 7 See Map 10 See Map 11 See Map 13 See Map 17 See Map 15 See Map 16 See Map 26 See Map 27 See Map 14 See Map 19 See Map 20 See Map 21 See Map 23 See Map 25 See Map 28 See Map 31 See Map 29 See Map 18 See Map 24 See Map 30 See Map 22 See Map 32 Poth Road Outred Road Neff Road Boyle Road Private Lane Robinson Road Diltz Road Moore Road Sider oad 24 Sider oad 6 Gray biel Road Conc ess ion 6 Road Buck ner Road Garringer Road Forks Road Lak eshore Road Bell Road Lam bert Road Minor Road Golf Cours e Road Sider oad Twenty-s ix Cem ent Road Willford Road Beachin Road Youngs Road Flanagan Road Sider oad 22 Quarrie Road Erie Peat Road Mill Race Road Morog Road Metler Road Tr aver Road Riv er Road Phillips R oad Anders on Road Feeder Road Wes t Zion Road Shafley Road Henders hot Road Rathfon Road Conc ess ion 1 Road Feeder Road E ast Kilts Road Sider oad 26 Highway 3 Sider oad 42 O'Reilly's Road Townline Road Sider oad Thirty Sider oad 20 Dix ie Road Deek s Road Dilts Road Wellandpor t Road Misener Road Sm ith Road Putm an Road Johnson Road Wills Road Gilm ore Road Em ers on Road Sider oad 44 Priestm an Road Cas e Road Marr Road Winger Road Vineland Townline Road Tunac liffe Road Perr y Road Sider Road Doc hstader Road Grac ey Road Gents Road Pettit Road Henders on Road Roberts on Road Clarendon Street E ast Elsie Road Creek Road Station Road Willson Road !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# ! 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"!! #"! $%&%'( =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 13 Roads See Map 10 See Schedule 11 See Map 15 See Map 19 See Map 20 See Map 21 Lakeshore Road Minor Road Concession 1 Road Sideroad Thirty C2-1 RLS.C20 RLS.C10 RLS.C20 O C3-1 A1-1 O-6 A1 A1 A1 A1 A2-1 A2 A2 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 14 Roads See Map 12 See Schedule 11 See Map 14 See Map 20 See Map 21 See Map 22 See Map 23 See Map 24 See Map 16 A2 A2 A2 A2 Slater Boulevard Hock Road Augustine Road Sideroad 20 Sideroad 24 Sideroad Twenty-six Mittlesteadt Road Lakeshore Road Minor Road Concession 1 Road Sideroad 26 Braw n R oad Station Road I C2 M1 RLS.C20 O RLS.C10 RLS.C10 M1-4 A1-20 A1 A2-1 A2 RLS.C20 RLS.C10-23 A1-10 RLS.C10 RLS.C10 RLS.C10 RLS.C10 RLS.C10 RLS.C10 A1-21 RLS.C10 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< ! "!! #"! $%&%'( =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 15 Roads RLS.C10 RLS.C10 See Map 12 See Map 26 See Map 27 See Map 17 See Map 15 See Map 25 See Map 28 See Map 24 Highway 3 Morgan Street Dilts Road Outred Road Dixie Road Sideroad 20 Lakefield Crescent Sideroad 18 Lakeshore Road Moore R oad Concession 1 Road Burnaby Road Harbour View Road Golf Course Road Station Road C2-4 RLS.C10 C3 RLS.C10 RLS.C15 A1-11 A4-2 A4-2 C3 A1 A1-1 C2-3 A4-1(H) A1-5,13 A1-5,14 RLS.C10-3 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< ! "!! #"! $%&%'( =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 16 Roads See Map 12 See Map 13 See Map 28 See Map 31 See Map 29 See Map 18 See Map 16 See Map 30 Collins Lane Maple Street Desiree Street Fletcher Avenue Churchill Avenue Biederman Road Neff Road Graybiel Road Willson Road Dilts Road Highway 3 Lakeshore Road Golf Course Road Quarrie Road Rathfon Road I-1 I-2 O RLS.C15 RLS.C10 C3 A4 A4 A4-4 A4-8 A4-11 A4-2 A1 A1 A4-7 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 17 Roads See Map 13 See Map 17 See Map 31 See Map 32 See Map 30 Reeb Road Crescent Heights Woodland Drive Maplewood Drive Highway 3 Lakeshore Road West Cement Road Quarrie Road Bessey Road M2-1 M1-5 A4 A4 A4-3 C1 C1 RLS.C20 O RLS.C10 C3 MHP A4 A4-10 A4-10 A4-9,10 A4-3 A4-3 O-5 C2-5 RLS.C20-8 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 18 Roads See Map 14 See Map 20 Etling Road Sideroad Thirty Lakeshore Road RLS.C20-7 RLS.C20-9 RLS.C20-1 RLS.C20-4 RLS.C20-39 RLS.C20 RLS.C20 RLS.C20 RLS.C20 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 19 Roads See Map 14 See Map 15 See Map 19 See Map 21 Old Lakeshore Road West Minor Road Old Lakeshore Road East Sideroad Thirty Lakeshore Road Long Beach Conservation Area RLS.C20 O RLS.C25 RLS.C20 RLS.C25-33 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 20 Roads See Map 14 See Map 15 See Map 20 See Map 22 Schooley Road Barrick Road Minor Road Sideroad 26 Lakeshore Road RLS.C15-37 RLS.C20 RLS.C15 RLS.C15 RLS.C15 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 21 Roads See Map 15 See Map 21 See Map 23 Sideroad 24 Sideroad 26 Lakeshore Road RLS.C15 RLS.C15 C3(H) C3(H) C3(H) !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 22 Roads See Map 15 See Map 22 See Map 24 Gallinger Street Sandel Road Long Beach Resort Ltd. Hickey Road Lakeshore Road Braw n R oad RLS.C15-3 RLS.C15-42 RLS.C15-3 RLS.C25-31 RLS.C15 RLS.C15 C3-2 RLS.C25 RLS.C15 RLS.C15 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 23 Roads See Map 15 See Map 23 See Map 25 See Map 16 Station Road Sandel Road Erie Street Braw n R oad Slater Boulevard Hock Road Gallinger Street Walnut Hill Road Lakeshore Road Augustine Road I RLS.C20-12 RLS.C10-17 RLS.C20-29 C2 C1-2 RLS.C20 RLS.C10 RLS.C10 RLS.C25 RLS.C10 RLS.C20 A1 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 24 Roads RLS.C10 RLS.C10 See Map 26 See Map 15 See Map 24 See Map 16 Summerland Avenue Augustine Road Sideroad 18 Belleview Beach Road Station Road Lakeshore Road O O-3 RLS.C15-36(H) RLS.C10 RLS.C10 RLS.C25 A4-2 RLS.C10-25 RLS.C25 RLS.C15 RLS.C10 RLS.C10-3 RLS.C10-16 RLS.C15 RLS.C25 RLS.C25-27 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 25 Roads See Map 27 See Map 25 First Street Second Street Harbour View Road Belleview Beach Road Neff Street Morgans Point Road Hill Avenue Private Lane Lakefield Crescent Beach R oad East Morgan Street RLS.C15 RLS.C10 RLS.C25 RLS.C25 RLS.C15 RLS.C10-28 RLS.C10-28 RLS.C10-26 RLS.C15-18 RLS.C10-15 RLS.C10-2 RLS.C15-41 RLS.C15-38 A1 A1 RLS.C20 O RLS.C15 RLS.C15 RLS.C10 RLS.C10 C3-3 A4-2 RLS.C10 A1 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 26 Roads See Map 26 See Map 28 See Map 16 Golf Course Road Private Road 13 Lakefield Crescent Lakeshore Road Harbour View Road O RLS.C25 RLS.C10 RLS.C10 RLS.C10-30 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 27 Roads See Map 27 See Map 17 See Map 29 See Map 16 Collins Lane Maple Street Desiree Street Neff Road Harbour View Road Fletcher Avenue Kossuth Park R ecreation Association Churchill Avenue Golf Course Road Lakeshore Road O RLS.C15 RLS.C15 RLS.C10 C3 RLS.C25 RLS.C10 RLS.C15 RLS.C10 RLS.C15-19 RLS.C15-24 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 28 Roads See Map 17 See Map 28 See Map 30 Rathfon Road Neff Road Lakeshore Road RLS.C15 RLS.C15 C3 RLS.C15 RLS.C15 RLS.C15-11 RLS.C15-35 RLS.C15-34 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 29 Roads See Map 17 See Map 31 See Map 29 Quarrie Road Oakwood Cemetery Rathfon Road Lakeshore Road O RLS.C15 RLS.C15 RLS.C15-6 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 30 Roads See Map 17 See Map 32 See Map 18 See Map 30 Quarrie Road Bessey Road Woodland Drive Lakeshore Road West RLS.C10 RLS.C10 RLS.C15 RLS.C15 RLS.C15-10 RLS.C10-14 RLS.C15-32 RLS.C15-40(H) RLS.C20 RLS.C15 RLS.C15 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 31 Roads See Map 31 See Map 18 Bessey Road Crescent Heights Cedar Crescent Lakeshore Road West RLS.C10 RLS.C10 RLS.C10-21 RLS.C10-5 RLS.C10-22 RLS.C10-20 RLS.C15-13 h RLS.C15-13 a-g RLS.C10 RLS.C15 !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# 5678)9:;< =>?) 0"$'$1)=,( Legend Zone Boundary Hamlet Boundary Hazard Overlay Environmental Conservation Overlay Environmental Protection Overlay Lot Lines ± Fish Habitat Overlay 32 Roads Schedule A5 to By-law 023-2024 Schedule A6 to By-law 023-2024 Schedule A7 to By-law 023-2024 Schedule A8 to By-law 023-2024 Schedule A9 to By-law 023-2024 Schedule A10 to By-law 023-2024 RH-27-28 Schedule A11 to By-law 023-2024 Schedule A12 to By-law 023-2024 River Road Willford Road Bell Road Forks Road Creek Road Townline Road Lakeshore Road Feeder Road East Highway 3 Case Road Willson Road Wellandport Road Perry Road Concession 1 Road Smith Road Putman Road Abbey R oad Gents Road Elsie Road Traver Road Braw n R oad Garringer Road Station Road Hewitt Road Zion Road Dilts Road Pettit Road Marr Road Gracey Road Wills Road Sider Road Dixie Road Kilts Road Phillips Road Metler Road Sideroad 44 Burnaby Road Sideroad 20 Deeks R oad Sideroad 42 Winger Road Sideroad 26 Malowany Road Gilmore Road Misener Road Johnson Road Emerson Road Kwik Mix Road Robertson Road Flanagan Road Rathfon Road Sideroad Twenty-six Tunacliffe Road Sideroad Thirty O'Reilly's Road Priestman Road Morog R oad Shafley Road Henderson Road Golf Course Road Dochstader Road Bessey Road Clarendon Street East Green Road South Quarrie Road Overholt Road Anderson Road Sideroad 22 Sideroad Thirty Marr Road Gilmore Road Winger Road Dixie Road Wills Road Sider Road Sideroad 20 Townline Road Pettit Road !"#$%&'()"*)+,'$*-../) 0"$'$1)234-,# ! "#!!! $#!!! %#!!! &'(')* 567)89 0"$'$1)5,( Roads Lot Lines ± Areas of High Aquifer Vulnerability :;-3)<=98 Township of Wainfleet Comprehensive Zoning By-law Appendix A SGL Planning & Design Inc. Consolidated June 2024 132 APPENDIX A APPENDIX A - MAP A-1 APPENDIX A - MAP A-2 APPENDIX A - MAP A-3 APPENDIX A - MAP A-4 APPENDIX A - MAP A-5a APPENDIX A - MAP A-5b APPENDIX A - MAP A-6