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TOWNSHIP OF WARWICK
ZONING BY-LAW 121 OF 2012
(passed by Council on December 12, 2012)
County of Lambton Planning Department
Consolidation October 2024
SUMMARY OF AMENDMENTS
B/L 35 of 2013
Cathy & Joe Rombouts
Signed By-law
April 17, 2013
7766 Confederation Line
A2 to A2(5)
104 of 2017
Mitch DeBorger
Signed By-law
Pt Lt 2, Con 2 NER, Brick Yard Line
A1 to A1(12)
B/L 8 of 2018
Rhodora Colmenar
Signed By-law
460 Victoria Street
I to I(1)
B/L 47 of 2018
Municipal
Signed By-law
Shipping Container Provisions
B/L 75 of 2018
DeBorger Farms c/o Mitch DeBorger
Signed By-law
Pt Lot 2, Con 2 NER, Forest Road
A1 to A1(12)
B/L 86 of 2018
Richard Smith
Signed By-law
6541 Brick Yard Line
A1 to ND-A
B/L 95 of 2018
247642 Ontario Ltd. (Sanders)
Signed By-law
7890 Industrial Drive
CM to CM(7)
B/L 89 of 2019
11125273 Canada Ltd (Tuekam)
Signed By-law
7909 Jariott Street
CM to CM(8)
B/L 97 of 2019
George & Shirley Brouwer
Signed By-law
6409 London Line
Temporary Use By-law
B/L 14 of 2020
Ronald & Janet Jarriott
Signed By-law
Pt Lot 19, Con 4SER
5438 Nauvoo Road
M1(h1) & A1 to M1(2)
B/L 68 of 2020
2201923 Ontario Inc.
Signed By-law
Oct. 5, 2020
Lts 206-210, Plan 6, Ontario Street
R1 to R1(7)
B/L 8 of 2021
Len & Sherry Ayton
Signed By-law
January 11, 2021
6190 George Street
R4 to R4(1)
B/L 24 of 2021
Brickyard Development Group a/f
Signed By-law
March 22, 2021
Marval Enterprises
460 Victoria Street
Amend Institutional (I) Zone
SUMMARY OF AMENDMENTS
B/L 36 of 2021
Northbrooke Limited
Signed By-law
April 12, 2021
521 Victoria Street
R1 to R3(2)
B/L 37 of 2021
Ronald & Marion Hollingsworth
Signed By-law
April 12, 2021
7806 Confederation Line
R1(H) & A2 to R2(2)(H)
B/L 6 of 2022
2407199 Ontario Inc. - Roy
Signed By-law
January 31, 2022
7140 Egremont Road
A2 & EP-H to OS2(1)
B/L 12 of 2022
2493346 Ontario Ltd.
Signed By-law
February 14, 2022
7921 Industrial Drive
CM to CM(9)
B/L 68 of 2022
2201923 Ontario Ltd.
Signed By-law
7910 Industrial Drive
CM to CM(10)
B/L 3 of 2022
Barry and Kristen McKendry
Signed By-law
7023 Egremont Rd, Warwick
I to R4(1) Zone
B/L 26 of 2023
Daniel & Ashley Morrison
Signed By-law
7785 Confederation Line
(R1)(h) to (R1)
B/L 68 of 2023
Twin Creeks Greenhouses Ltd.
Signed By-law
8060 Zion Line
Temporary Use
B/L 99 of 2023
Surplus Farm Dwellings
Signed By-law
Agricultural Zones
B/L 106 of 2023
Additional Dwelling Units
Signed By-law
October 30, 2023
Definitions, General Provisions
B/L 18 of 2024
Richfield Homes (London Inc.)
Signed By-law
March 25, 2024
308 St. Clair St. Watford
R5 & EP-H to R2, R2(3), R3, R3(3),
EP-H(3) & OS1
B/L 19 of 2024
Breesway Inc.
Signed By-law
March 25, 2024
7902 Birnam Line
A1 to A1-13
B/L 48 of 2024
Annette Van Dinther
Signed By-law
May 27, 2024
7254 Birnam Line
A1 to NDA
SUMMARY OF AMENDMENTS
B/L 84 of 2024
Jason Searson
Signed By-law
August 26, 2024
5221 Nauvoo Rd
M1 to M1(3)
TABLE OF CONTENTS
SECTION 1 - ADMINISTRATION, ENFORCEMENT & INTERPRETATION ............................................. 1
1.1
TITLE............................................................................................................................................... 1
1.2
APPLICATION ................................................................................................................................ 1
1.3
SCOPE ............................................................................................................................................ 1
1.4
REPEAL OF EXISTING BY-LAWS ................................................................................................. 1
1.5
VALIDITY / SEVERABILITY ............................................................................................................ 1
1.6
EFFECTIVE DATE .......................................................................................................................... 1
1.7
COMPLIANCE WITH OTHER RESTRICTIONS ............................................................................. 1
1.8
ENTRY AND INSPECTION OF PREMISES ................................................................................... 1
1.9
VIOLATIONS AND PENALTIES ..................................................................................................... 1
1.10
RESTRAINING VIOLATIONS ......................................................................................................... 2
1.11
LICENSES AND PERMITS ............................................................................................................. 2
1.12
REQUESTS FOR AMENDMENTS AND FEES ............................................................................... 2
SECTION 2 - DEFINITIONS ....................................................................................................................... 3
SECTION 3 - GENERAL PROVISIONS .................................................................................................... 24
3.1
USES PERMITTED IN ALL ZONES .............................................................................................. 24
3.1.1
Services and Utilities ..................................................................................................................... 24
3.1.2
Utility Service Buildings and Non-Recreational Public Uses ........................................................ 24
3.1.3
Public Recreational Uses .............................................................................................................. 24
3.1.4
Construction Uses ......................................................................................................................... 24
3.1.5
Pipelines ........................................................................................................................................ 24
3.1.6
Petroleum Well and Petroleum Work ............................................................................................ 24
3.2
USES PROHIBITED IN ALL ZONES ............................................................................................. 25
3.3
ACCESSORY BUILDINGS, STRUCTURES OR USES ................................................................ 25
3.3.1
Accessory Buildings, Structures or Uses Permitted ..................................................................... 25
3.3.2
Structures Permitted in all Yards .................................................................................................. 25
3.3.3
Accessory Buildings and Structures in Residential Zones ............................................................ 25
3.3.4
Lot Coverage and Height of Accessory Buildings and Structures in Residential Zones .............. 26
3.3.5
Shipping Containers in Agricultural Zones .................................................................................... 26
3.3.6
Shipping Containers in All Zones .................................................................................................. 26
3.4
NON-CONFORMING USES ......................................................................................................... 27
3.5
NON-CONFORMING USES - RESTORATION ............................................................................ 27
3.6
NON-COMPLYING USES ............................................................................................................. 27
TABLE OF CONTENTS
3.7
DWELLING UNITS ........................................................................................................................ 28
3.7.1
Yard Provisions For Non-Residential Buildings ............................................................................ 28
3.7.2
Cellar Location .............................................................................................................................. 28
3.7.3
Basement Location ....................................................................................................................... 28
3.8
ADDITION OF SECOND DWELLING UNIT IN SINGLE DETACHED DWELLINGS ..................... 28
3.9
LOT DEVELOPMENT REQUIREMENTS ..................................................................................... 28
3.9.1
Frontage on a Street ..................................................................................................................... 30
3.9.2
More Than One Use on a Lot ....................................................................................................... 30
3.9.3
More Than One Zone on a Lot ...................................................................................................... 30
3.9.4
Number of Main Buildings on a Residential Lot ............................................................................ 30
3.9.5
Existing Lots .................................................................................................................................. 30
3.10
HOME OCCUPATIONS ................................................................................................................ 30
3.10.1 All Home Occupations ................................................................................................................... 30
3.10.2 Agricultural Home Industry ............................................................................................................ 31
3.11
GROUP HOMES ........................................................................................................................... 31
3.12
HUMAN OCCUPANCY OF TRUCK, BUS AND COACH BODIES OR TRAVEL TRAILERS,
TRUCK CAMPERS, MOTOR HOMES OR TENTS .................................................................... 31
3.13
PERMITTED ENCROACHMENTS ............................................................................................... 31
3.13.1 Yard Encroachments Permitted .................................................................................................... 31
3.13.2 Building in Built-Up Areas ............................................................................................................. 32
3.13.3 Yard Depth Non-Compliance ........................................................................................................ 32
3.14
PRIVATE SWIMMING POOLS ..................................................................................................... 32
3.15
DECK (UNENCLOSED) ................................................................................................................ 33
3.16
HEIGHT RESTRICTIONS ............................................................................................................. 33
3.17
OPEN STORAGE REGULATIONS ............................................................................................... 33
3.18
SPECIAL SETBACK PROVISIONS .............................................................................................. 33
3.18.1 Setbacks from Ditches and Drains ................................................................................................ 33
3.18.2 Sight Triangles .............................................................................................................................. 33
3.19
PLANTING STRIPS ...................................................................................................................... 34
3.19.1 Required Location ......................................................................................................................... 34
3.19.2 Width ............................................................................................................................................. 34
3.19.3 Height ............................................................................................................................................ 34
3.19.4 Interruption for Driveway or Walk .................................................................................................. 34
3.19.5 Landscaped Open Space ............................................................................................................. 34
3.20
SIGNS ........................................................................................................................................... 35
3.21
ENVIRONMENTAL PROTECTION ZONES ................................................................................. 35
3.21.1 Environmental Protection Wetland Zone ...................................................................................... 35
3.21.2 Environmentally Hazardous Lands ............................................................................................... 35
TABLE OF CONTENTS
3.22
COMMERCIAL AND INDUSTRIAL ZONES ABUTTING OR ADJACENT TO RESIDENTIAL,
INSTITUTIONAL, AND OPEN SPACE ZONES ......................................................................... 35
3.23
ACCESS ....................................................................................................................................... 36
3.24
SETBACK FROM STREET FOR THROUGH LOTS AND CORNER LOTS .................................. 36
3.25
CONVERSION OF EXISTING DWELLINGS ................................................................................ 36
3.26
RAILWAYS .................................................................................................................................... 36
3.27
PARKING AREA REGULATIONS ................................................................................................. 37
3.27.1 Requirements ................................................................................................................................ 37
3.27.2 Addition to Existing Use ................................................................................................................ 40
3.27.3 Change of Use .............................................................................................................................. 40
3.27.4 More Than One Use On A Lot ...................................................................................................... 40
3.27.5 Location ......................................................................................................................................... 40
3.27.6 Yards Where Parking is Permitted ................................................................................................ 41
3.27.7 Access To Parking ........................................................................................................................ 41
3.27.8 Surface .......................................................................................................................................... 41
3.27.9 Automobile Movement Lanes For Auto Washing Establishment .................................................. 41
3.27.10 Restrictions In Residential Zones ................................................................................................. 42
3.27.11 Barrier Free Parking ...................................................................................................................... 39
3.28
LOADING SPACE REGULATIONS .............................................................................................. 42
3.28.1 Spaces Required ........................................................................................................................... 42
3.28.2 Addition To Existing Uses ............................................................................................................. 42
3.28.3 Loading Spaces Maintenance ....................................................................................................... 43
3.28.4 Location ......................................................................................................................................... 43
3.28.5 Access ........................................................................................................................................... 43
3.29
LOTS REDUCED BY PUBLIC ACQUISITION .............................................................................. 42
3.30
SPECIAL PROVISION FOR THE KEEPING OF LIVESTOCK ...................................................... 42
SECTION 4 - ZONES, ZONE SYMBOLS & ZONE MAPS ....................................................................... 43
4.1
ESTABLISHMENT OF ZONES ..................................................................................................... 43
4.2
USE OF SYMBOLS ....................................................................................................................... 43
4.3
HOLDING (H) SYMBOL ................................................................................................................ 43
4.3.1
The Use of the Holding (H) Symbol .............................................................................................. 43
4.4
APPLICATION OF ZONES ........................................................................................................... 43
4.5
INCORPORATION OF ZONING MAP .......................................................................................... 43
4.6
INTERPRETATION OF ZONING MAP ......................................................................................... 43
4.7
TABLE A ........................................................................................................................................ 45
TABLE OF CONTENTS
SECTION 5 - AGRICULTURAL 1 (A1) ZONE .......................................................................................... 46
5.1
PERMITTED USES ....................................................................................................................... 46
5.2
MINIMUM DISTANCE SEPARATION ........................................................................................... 46
5.3
AGRICULTURAL 1 (A1) SPECIAL PROVISIONS ........................................................................ 47
5.4
AGRICULTURAL 1 (A1) ZONE EXCEPTIONS ............................................................................. 47
SECTION 6 - AGRICULTURAL 2 (A2) ZONE .......................................................................................... 51
6.1
PERMITTED USES ....................................................................................................................... 51
6.2
MINIMUM DISTANCE SEPARATION ........................................................................................... 51
6.3
AGRICULTURAL 2 (A2) SPECIAL PROVISIONS ........................................................................ 51
6.4
AGRICULTURAL 2 (A2) ZONE EXCEPTIONS ............................................................................. 51
SECTION 7 - RESIDENTIAL 1 (R1) ZONE ............................................................................................... 53
7.1
PERMITTED USES ....................................................................................................................... 53
7.2
HOLDING ZONES ......................................................................................................................... 53
7.3
RESIDENTIAL 1 (R1) ZONE EXCEPTIONS ................................................................................. 57
SECTION 8 - RESIDENTIAL 2 (R2) ZONE ............................................................................................... 56
8.1
PERMITTED USES ....................................................................................................................... 56
8.2
HOLDING ZONES ......................................................................................................................... 56
8.3
RESIDENTIAL 2 (R2) ZONE EXCEPTIONS ................................................................................. 56
SECTION 9 - RESIDENTIAL 3 (R3) ZONE ............................................................................................... 57
9.1
PERMITTED USES ....................................................................................................................... 62
9.2
HOLDING ZONES ......................................................................................................................... 62
9.3
RESIDENTIAL 3 (R3) ZONE EXCEPTIONS ................................................................................. 62
SECTION 10 - RESIDENTIAL 4 (R4) ZONE ............................................................................................. 58
10.1
PERMITTED USES ....................................................................................................................... 58
10.2
HOLDING ZONES ......................................................................................................................... 58
10.3
RESIDENTIAL (R4) ZONE EXCEPTIONS .................................................................................... 58
SECTION 10A - RESIDENTIAL 5 (R5) ZONE .......................................................................................... 59
10A.1 PERMITTED USES ....................................................................................................................... 59
10A.2 ZONE REGULATIONS .................................................................................................................. 59
10A.3 SITE REGULATION - HOME SITES ............................................................................................. 59
TABLE OF CONTENTS
SECTION 11 - CENTRAL COMMERCIAL (C1) ZONE ............................................................................. 61
11.1
PERMITTED USES ....................................................................................................................... 61
11.2
REGULATIONS FOR ACCESSORY DWELLING UNITS ............................................................. 62
11.3
HOLDING ZONES ......................................................................................................................... 62
11.4
CENTRAL COMMERCIAL (C1) ZONE EXCEPTIONS ................................................................. 62
SECTION 12 - HIGHWAY COMMERCIAL (C2) ZONE ............................................................................ 63
12.1
PERMITTED USES ....................................................................................................................... 63
12.2
REGULATIONS FOR MOTOR VEHICLE SERVICE ESTABLISHMENTS ................................... 64
12.3
HOLDING ZONES ......................................................................................................................... 64
12.4
HIGHWAY COMMERCIAL (C2) ZONE EXCEPTIONS ................................................................. 64
SECTION 13 - RURAL COMMERCIAL (C3) ZONE ................................................................................. 67
13.1
PERMITTED USES ....................................................................................................................... 67
13.2
HOLDING ZONES ......................................................................................................................... 67
13.3
RURAL COMMERCIAL (C3) ZONE EXCEPTIONS ...................................................................... 67
SECTION 14 - SERVICE CENTRE COMMERCIAL (C4) ZONE .............................................................. 68
14.1
PERMITTED USES ....................................................................................................................... 68
14.2
HOLDING ZONES ......................................................................................................................... 68
14.3
SERVICE CENTRE COMMERCIAL (C4) ZONE EXCEPTIONS ................................................... 68
SECTION 15 - MIXED COMMERCIAL INDUSTRIAL (CM) ZONE .......................................................... 69
15.1
PERMITTED USES ....................................................................................................................... 69
15.2
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY ....................................................................... 69
15.3
HOLDING ZONES ......................................................................................................................... 69
15.4
MIXED COMMERCIAL INDUSTRIAL (CM) ZONE EXCEPTIONS ............................................... 76
SECTION 16 - INDUSTRIAL (M1) ZONE .................................................................................................. 72
16.1
PERMITTED USES ....................................................................................................................... 72
16.2
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY ....................................................................... 72
16.3
HOLDING ZONES ......................................................................................................................... 72
16.4
INDUSTRIAL (M1) ZONE EXCEPTIONS ...................................................................................... 73
TABLE OF CONTENTS
SECTION 17 - LIGHT INDUSTRIAL (M2) ZONE ...................................................................................... 75
17.1
PERMITTED USES ....................................................................................................................... 75
17.2
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY ....................................................................... 75
17.3
HOLDING ZONES ......................................................................................................................... 75
17.4
LIGHT INDUSTRIAL (M2) ZONE EXCEPTIONS .......................................................................... 75
SECTION 18- INDUSTRIAL WASTE DISPOSAL (M3) ZONE ................................................................. 76
18.1
PERMITTED USES ....................................................................................................................... 76
18.2
HOLDING ZONES ......................................................................................................................... 76
18.3
INDUSTRIAL WASTE DISPOSAL (M3) ZONE EXCEPTIONS ..................................................... 76
SECTION 19 - EXTRACTIVE INDUSTRIAL (M4) ZONE .......................................................................... 78
19.1
PERMITTED USES ....................................................................................................................... 78
19.2
HOLDING ZONES ......................................................................................................................... 78
19.3
EXTRACTIVE INDUSTRIAL (M4) ZONE EXCEPTIONS .............................................................. 78
SECTION 20 - INDUSTRIAL RECYCLING (M5) ZONE .......................................................................... 79
20.1
PERMITTED USES ....................................................................................................................... 79
20.2
HOLDING ZONES ......................................................................................................................... 79
20.3
INDUSTRIAL RECYCLING (M5) ZONE EXCEPTIONS ................................................................ 79
SECTION 21 - INSTITUTIONAL (I) ZONE ................................................................................................ 80
21.1
PERMITTED USES ....................................................................................................................... 80
21.2
HOLDING ZONES ......................................................................................................................... 80
21.3
INSTITUTIONAL (I) ZONE EXCEPTIONS .................................................................................... 80
SECTION 22 - OPEN SPACE 1 (OS1) ZONE REGULATIONS ............................................................... 81
22.1
PERMITTED USES ....................................................................................................................... 81
22.2
OPEN SPACE 1 (OS1) ZONE EXCEPTIONS ............................................................................... 81
SECTION 23- OPEN SPACE 2 (OS2) ZONE REGULATIONS ................................................................ 82
23.1
PERMITTED USES ....................................................................................................................... 82
23.2
OPEN SPACE 2 (OS2) ZONE EXCEPTIONS ............................................................................... 82
SECTION 24 - ENVIRONMENTAL PROTECTION WETLAND (EP-WET) ZONE ................................... 83
24.1
PERMITTED USES ....................................................................................................................... 83
24.2
ENVIRONMENTAL PROTECTION - WETLAND (EP-WET) ZONE EXCEPTIONS ...................... 83
TABLE OF CONTENTS
SECTION 25 - ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE .................................. 84
25.1
PERMITTED USES ....................................................................................................................... 84
25.2
ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE EXCEPTIONS ....................... 84
SECTION 26 - ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE ......................................... 86
26.1
PERMITTED USES ....................................................................................................................... 86
26.2
ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE EXCEPTIONS ............................. 86
SECTION 27 - MINIMUM DISTANCE SEPARATION I (MDS I) .............................................................. 87
SECTION 28 - MINIMUM DISTANCE SEPARATION II (MDS II) ............................................................ 88
Township of Warwick Zoning By-law
1
TOWNSHIP OF WARWICK
ZONING BY-LAW 121 OF 2012
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, Chap. P. 13 as amended from time to time,
allows a governing body of a Municipal Corporation to pass By-laws to regulate the Use of land and the
character, location and Use of Buildings and Structures;
BE IT THEREFORE ENACTED by the Municipal Council of the Corporation of the Township of Warwick
as follows:
SECTION 1 - ADMINISTRATION, ENFORCEMENT & INTERPRETATION
1.1
TITLE
This By-law shall be known as the Zoning By-law of the Corporation of the Township of Warwick
1.2
APPLICATION
The provisions of this By-law shall apply to all lands within the boundaries of the Corporation of the
Township of Warwick.
1.3
SCOPE
No lands shall be used and no Buildings or Structures shall be erected, altered, enlarged or used within
the Township of Warwick except in conformity with the provisions of this By-law.
1.4
REPEAL OF EXISTING BY-LAWS
From the coming into force of this By-law, all previous By-laws passed under Section 34 of the Planning
Act, R.S.O. 1990, Chap. P. 13, as amended, or a predecessor thereof, shall be deemed to have been
repealed.
1.5
VALIDITY / SEVERABILITY
Should any section, clause or provision of this By-law be held by a court of competent jurisdiction to be
invalid, the validity of the remainder of the By-law shall not be affected.
1.6
EFFECTIVE DATE
This By-law shall be deemed to be valid and to have come into force on the day of passing hereof.
1.7
COMPLIANCE WITH OTHER RESTRICTIONS
This By-law shall not reduce any restrictions lawfully imposed by a governmental authority having
jurisdiction to make such restrictions.
1.8
ENTRY AND INSPECTION OF PREMISES
Pursuant to Section 49 of the Planning Act, R.S.O. 1990, Chap. P. 13, as amended, a By-law
Enforcement Officer or a Person acting under his instructions may, at all reasonable times and upon
producing proper identification, enter and inspect any property in respect of which he believes a
contravention of this By-law is occurring.
An officer or any Person acting under instructions shall not enter any room or place actually used as a
Dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier
that the right of entry may be refused and entry made only under the authority of a search warrant issued
under Section 158 of the Provincial Offences Act, R.S.O. 1990, Chap. P.33 as amended.
1.9
VIOLATIONS AND PENALTIES
Pursuant to Section 67 of the Planning Act, R.S.O. 1990, Chap. P. 13 as amended, any Person who
contravenes this By-law is guilty of an offence and on conviction is liable:
a) on a first conviction to a fine of not more than $25,000; and
Township of Warwick Zoning By-law
2
b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which
the contravention has continued after the day on which he was first convicted.
Where a corporation is convicted for contravening this By-law the maximum penalty that may be imposed
is:
a) on a first conviction a fine of not more than $50,000; and
b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which
the contravention has continued after the day on which the corporation was first convicted.
1.10
RESTRAINING VIOLATIONS
Any violation of this By-law may be restrained by action at the instance of a ratepayer or the Corporation
of the Township of Warwick pursuant to the provisions of Section 327 of the Municipal Act 1990, Chap. M.
45, as amended.
1.11
LICENSES AND PERMITS
No municipal permit, certificate or license shall be knowingly issued, where such is required, for a
proposed Use of land or proposed erection, alteration, enlargement or Use of any Building or Structure
which is in violation of any of the provisions of this By-law. The issuance of any permit, certificate or
license shall not, however, constitute an acknowledgement that the provisions of this By-law have been
complied with.
1.12
REQUESTS FOR AMENDMENTS AND FEES
A fee as prescribed by the Corporation's By-law, which sets a tariff of fees, shall accompany every
request for an amendment to this By-law.
Township of Warwick Zoning By-law
3
SECTION 2 - DEFINITIONS
Note: The words, which are capitalized within the text of the definitions and throughout this document, are
also defined.
GENERAL
For the purposes of this By-law, the definitions and interpretations given in this section shall govern.
In this By-law the word "shall" is mandatory. Words in the singular include the plural. Words in the plural
include the single number. Words used in the present tense include the future.
"ABATTOIR" means a Building, Structure, or Lot or part thereof used for the slaughter of Livestock or
other animals for the purpose of processing or rendering.
"ACCESSORY" when used to describe a Use, Building or Structure means a Use, Building or Structure
subordinate, incidental and secondary to the main Use, Building or Structure located on the same Lot
therewith.
"ADULT LIVE ENTERTAINMENT PARLOUR" means any premises or part thereof in which is provided
services appealing to or designed to appeal to erotic or sexual appetites or inclinations, as defined in the
Municipal Act 1990, Chap. M. 45, as amended.
"AGGREGATE STORAGE AREA" means the Use of land for the storage of aggregates for sale or Use.
"AGRICULTURE" means the Use of land, for gain or profit, for the growing of crops, including nursery
and horticultural crops; raising of livestock and other animals for food, or fur, including poultry and fish;
aquaculture; agro-forestry; maple syrup production; and associated on-farm Buildings and Structures.
"AGRICULTURAL" shall have a corresponding meaning. This definition shall include a Farm Produce
Outlet.
"AGRICULTURAL HOME INDUSTRY" means an operation or business conducted for gain or profit as
an Accessory Use and located within a Building or Structure, which is part of, or Accessory to, the main
farming operation, and shall include Value Added Industry.
"AGRICULTURAL PROCESSING ESTABLISHMENT" means the Use of land, Buildings and Structures
for the processing and storage of Agricultural produce, such as a feed and grain mill.
"AGRICULTURAL IMPLEMENT SALES ESTABLISHMENT" means land, Structure or Building used for
the display and sales of new and/or second hand farm implements and includes the servicing, repair,
cleaning, polishing and greasing of farm implements, the sale of accessories and related products and the
leasing or renting of farm implements.
"AGRICULTURAL SERVICE ESTABLISHMENT" means an Establishment other than a Motor Vehicle
Use, that provides a non-Personal service or craft which supports the Agricultural industry, including but
not necessarily restricted to, farm drainage and excavation, well drilling, contracting and trades related to
Farm Buildings Structures and equipment, custom spray, tillage, planting and harvesting services.
"AGRICULTURAL SUPPLY ESTABLISHMENT" means the Use of land, Buildings or Structure for the
sale and/or storage of seeds, fertilizers, farm equipment or other goods or materials used in Agriculture.
"AISLE" means the area used by Motor Vehicles for access to and from all off-street parking spaces, but
does not include an access driveway.
"ALTER" when used in reference to a Building, Structure or part thereof, means to change any one or
more of the internal, or external dimensions of such Building or Structure or to change the type of
construction of the exterior walls or roof thereof. When used in reference to a Lot, the word "alter" means
to change the area, frontage or depth thereof; to change the width, depth or area of any Required Yard,
Landscaped Open Space or Parking Area; or to change the location of any boundary of such Lot with
respect to a Street or Lane whether such alteration is made by conveyance of any portion of such Lot, or
otherwise. "Altered" and "Alteration" shall have corresponding meanings.
Township of Warwick Zoning By-law
4
"ANIMAL HOSPITAL" means a Building and land where animals are treated by a veterinarian and may
include the following facilities: a reception area; an examination room/treatment area; a pharmacy; a
laboratory; a Library; radiology equipment; supplies for the administering of anaesthesia; surgical
preparation area; operating room; and provisions for the confinement and long term treatment of animals.
An Animal Hospital may include facilities for the performance of autopsy.
"ANTENNA" means the Use of land, Buildings or Structures for the purpose of sending or receiving
electromagnetic waves.
"ART GALLERY" means a Building or part thereof where works of art such as paintings, sculpture,
pottery, glass and weaving are displayed for public viewing and may include sales of art and/or art
supplies.
"ASPHALT BATCHING PLANT" means an Industrial establishment used for the production of asphalt,
or asphalt products used in Building or construction and includes facilities for the administration and
management of the business, the stockpiling of bulk materials used in the production process or a
finished product manufactured on the premises and the storage and maintenance of required equipment,
but does not include the Retail sale of finished asphalt. "PORTABLE ASPHALT PLANT" means a
temporary asphalt batching plant established for a public road project.
"ASSEMBLY HALL" means a Building or part of a Building used for the assembly of Persons for
religious, civic, charitable, philanthropic, cultural, private recreational or private educational purposes.
"ATTACHED" means a Building otherwise complete in itself which depends for structural support, or
complete enclosure, upon a division wall or walls shared in common with an adjacent Building or
Buildings. Buildings connected by a Breezeway or similar Structure shall be deemed to be attached.
"ATTIC" means that portion of a Building situated wholly or partly within the roof of such Building and
which is not a One-Half Storey.
"AUCTION HALL" means a Building or Structure where a public sale is conducted by an auctioneer
through a series of competing bids and may include the storage of such articles to be sold at auction.
"AUDITORIUM" means a Building or Structure where facilities are provided for athletic, civic, educational,
political, religious or social events. This definition may include an arena, Community Centre, gymnasium,
stadium, Theatre or similar Use.
"BAKERY" means a Building for producing, mixing, compounding or baking bread, biscuits, cakes or
other baked products.
"BAKE SHOP" means a Retail store where bakery goods are offered for sale, some or all of which may
be prepared on the premises.
"BALCONY" means a platform projecting from a Building enclosed by a railing or other barrier.
"BANK" means any Federally or Provincially chartered financial institution or business. This definition
includes a Credit Union or Caisse Populaire.
"BASEMENT" means that portion of a Building partly underground, having less than one-half its height
below the adjacent Finished Grade level.
"BED AND BREAKFAST ESTABLISHMENT" means a Home Occupation within a Single Detached
Dwelling in which no more than three (3) Guest Rooms are made available by a resident of the said
Dwelling for temporary accommodation of travellers. Meals or food are served only to overnight guests.
The definition does not include a Hotel, Motel, Boarding House or Restaurant.
"BINGO HALL" means a Building used for the assembly of Persons for the playing of Bingo. This Use
shall not include any other Recreational Use as defined in this By-law.
"BOARDING HOUSE" see "DWELLING".
"BREEZEWAY" means a roofed, open or enclosed passage connecting two or more Buildings.
Township of Warwick Zoning By-law
5
"BREWING ON PREMISES ESTABLISHMENT" means a commercial establishment where individuals
produce beer, wine and/or cider, for Personal consumption off the premises; and where beer, wine and/or
cider ingredients and materials are purchased. Equipment and storage area is used for a fee by the
same individuals.
"BUILDING" means a Structure whether temporary or permanent, used or intended for sheltering any
Use or occupancy but shall not include a boundary wall, fence, Travel Trailer, camping trailer, truck
camper, Motor Home, or tent. This definition may include a roof supported by columns or walls.
"BUILDING ENVELOPE" means the portion of a Lot remaining after required front, rear and side yards
have been provided.
"BUILDING HEIGHT" means the vertical distance between the ground floor and the highest point of the
Building proper, exclusive of any Accessory roof Structures such as antennae, chimney, steeple or tower.
"BUILDING, MAIN" means the Building or Buildings designed and/or intended to accommodate the
principal Use Permitted by this By-law.
"BUILDING OR CONTRACTING ESTABLISHMENT" means a premises used for the purposes of
undertaking or managing activities engaged in maintaining and Building new Structures, or works,
additions or renovations and typically includes the offices of general Building contractors, general Building
contractors, specialized trades and Building maintenance services such as window cleaning and
extermination services and may include a showroom and/or display area open to the general public. Also
included is the prefabrication of Building equipment and materials and wrecking and demolition
contractors' offices, but does not include salvage yards.
"BUILDING SUPPLY ESTABLISHMENT" means a Building or Structure in which Building or
construction and home improvement materials are offered or kept for Retail sale and may include the
fabrication of certain materials related to home improvement.
"BULK FUEL DEPOT" means the Use of land, Buildings or Structures for the purpose of storing fuels for
distribution.
"BULK SALES ESTABLISHMENT" means the Use of land, Buildings or Structures for the purpose of
buying and selling lumber, wood, Building materials, feed, fertilizer, and allied commodities, but does not
include manufacturing or processing.
"BUSINESS SERVICE ESTABLISHMENTS" means an establishment primarily engaged in providing
services to business establishments on a fee or contract basis, including advertising and mailing, Building
maintenance, employment services, protective services, and small equipment rental, leasing and repair.
"CAMPGROUND" means Unserviced land upon which no permanent structure is permitted, including
such structures as decks, pergolas or gazebos, and consisting of Unserviced individual Campsites used
for the temporary parking of travel trailers, tent-trailers, tents or similar transportable accommodation, but
not including a Mobile Home as defined in this By-law, that can be moved or relocated from the lands
within short notice. (B/L 6/22)
"CAMPSITE" means individually and separately defined areas within a Campground with a minimum
area of 55 square metres and a maximum area of 139 square metres that can accommodate no more
than one travel trailer or one tent-trailer or two tents. (B/L 6/22)
"CANNABIS PRODUCTION FACILITY" shall mean any lands, buildings or structure licensed and/or
authorized to possess, produce, harvest, do analytical testing and research, sell and distribute cannabis
products. (B/L 89/19
"CANOPY" means a roof free of enclosing walls.
"CANTILEVER" means a projecting beam or Structure supported at only one end.
"CARPORT" means an Accessory covered Structure attached to the wall of the main Building and used
for the storage of passenger Motor Vehicles wherein neither servicing for profit is conducted nor storage
of commercial vehicles in excess of 2,270 kilograms gross weight occurs. The roof of said Structure shall
be supported only by piers or columns so that a portion of its wall area is unenclosed.
Township of Warwick Zoning By-law
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"CELLAR" means that portion of a Building which has more than fifty percent of its height from finished
floor to finished ceiling below adjacent Finished Grade level.
"CEMETERY" means land that is set apart or used as a place for the interment of the deceased or in
which human bodies have been buried and may include a crematorium, mausoleum and a columbarium.
"CHURCH" means a Building used by a religious organization for public worship, and may include a
rectory or manse, church hall, Day Nursery or religious school associated with or Accessory thereto.
"CLINIC" means a Building or part thereof, used exclusively by physicians, dentists, drugless
practitioners, their staff and their patients for the purpose of consultation, diagnosis and office treatment.
Without limiting the generality of the foregoing, a clinic may include administrative offices, waiting rooms,
treatment rooms, laboratories, pharmacies and dispensaries directly associated with the Clinic, but shall
not include accommodation for in-patient care or operating rooms.
"CLUSTER HOUSING" see "DWELLING".
"COMMERCIAL GARAGE" means an establishment or premises where Commercial Motor Vehicles are
stored or where Vehicles are repaired or maintained.
"COMMERCIAL GREENHOUSE" means a Building or Structure used for the growing of flowers, plants,
shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same Lot
containing such Building or Structure, but are sold directly from such Lot at Wholesale or Retail.
"COMMERCIAL RECREATION ESTABLISHMENT" means a Building, or part thereof, used for the
purpose of an arena, auditorium, assembly hall, billiard or pool room, bingo hall, gym or fitness centre, ice
or roller rink, indoor swimming pool, and all places of amusement, but not including an amusement games
establishment, cinema or other theatre, drive-in theatre or amusement park.
"COMMERCIAL STORAGE" means the storage, for hire or gain, of goods, merchandise, materials or
equipment in an enclosed Building other than a Temporary Building but shall not include a Warehouse.
"COMMERCIAL USE" means the Use of land, Buildings or Structures for the purpose of buying, renting
or selling commodities and supplying services, but does not include an Industrial Use.
"COMMUNITY CENTRE" means land, Buildings or Structures used for community activities, including
Recreational and Institutional Uses.
"CONSERVATION" means the Use of land and/or water for the purpose of planned management of
natural resources, including woodlot management, and for the preservation and enhancement of the
natural environment.
"CONVENIENCE STORE" means a Retail Store supplying groceries and other daily household
necessities to an immediate surrounding residential area, and may include the rental of videos, the
heating of pre-packaged food, an automated banking machine and/or depots for such items as film,
laundry or dry cleaning.
"CONVERTED DWELLING" see "DWELLING".
"CORPORATION" means the Corporation of the Township of Warwick.
"COUNCIL" means the Council of the Corporation of the Township of Warwick.
"COUNTY" means the Corporation of the County of Lambton.
"COURT" means an open, unoccupied space adjoining a Building, such space being bounded on two or
more sides by walls of the said Building.
"CRUSHING PLANT" means an industrial establishment where aggregate is processed through a
crushing and sorting operation into various grades of gravel.
"DANGEROUS GOODS" means explosives, flammable or combustible liquids or gases, toxic
substances, radioactive material, corrosives or any other product or substance that is considered
dangerous to life when handled or transported.
Township of Warwick Zoning By-law
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"DATA PROCESSING ESTABLISHMENT" means a building, or part thereof, used for input, processing
and printing of computerized data.
"DAY NURSERY" as defined in the Day Nurseries Act, R.S.O. 1990, Chap. D.2, as amended, means a
premises that receives more than five (5) children who are not of common parentage, primarily for the
purpose of providing temporary care and/or guidance, for a continuous period not exceeding twenty-four
hours, where the children are under eighteen years of age in the case of a Day Nursery for children with a
developmental handicap and under ten years of age in all other cases.
"DECK (UNENCLOSED)" means a Structure without a roof or walls, having footings situated a minimum
of 0.2 metres above grade, and may be attached to or abutting one or more walls of a Building or
constructed separate from a Building. Deck (Unenclosed) is subject to the provisions of Section 3.15 of
this By-law.
"DERELICT MOTOR VEHICLE" means a Motor Vehicle that is unlicensed and/or inoperative and is not
in an enclosed Building.
"DETACHED" means totally separate and in no way connected.
"DOMICILIARY CARE FACILITY" means a family home, or similar facility that provides long-term
housing and supportive care to vulnerable adults who require some supervision and services to maintain
their independent living through offering services which include furnished rooms, 24 hour urgent
response, medication management, meals, and housekeeping services. Such uses are to be licensed or
regulated under Municipal, Provincial or Federal regulatory authorities, but shall not include a motel, hotel,
bed and breakfast, hospital, or group home. (B/L 8 of 2018)
"DRY CLEANING DEPOT" means a Building, or part thereof for the purpose of receiving articles or
goods of fabric to be subjected, off the premises, to a process of dry cleaning or dyeing. Such
establishment may also be used for pressing and/or distributing any article or good of fabric received at
such an outlet.
"DRY CLEANING ESTABLISHMENT" means a Building, or part thereof, where dry cleaning, dye drying,
cleaning, or pressing of articles or goods of fabric is performed, and in which only non-combustible and
non-flammable solvents are used, emitting no odours, fumes, noise, or vibration which would cause a
nuisance or inconvenience within or outside the premises.
"DUPLEX DWELLING" see "DWELLING".
"DUPLICATING SHOP" means a premise engaged in reproducing drawings, plans, maps or other copy,
by blueprinting, photocopying or small offset process.
"DWELLING" means a Building or part thereof used or intended, adapted or designed to be used,
occupied or capable of being occupied, as a home, residence or sleeping place for one or more Persons
having a right to the exclusive Use thereof, but shall not include any Travel Trailer, Hotel, Motel, Private
Garage, a Home for the Aged, Nursing Home, Hospital, or living quarters for a caretaker, watchman or
other Persons or Persons using living quarters which are Accessory to a non-residential Use.
a) "ADDITIONAL DWELLING UNIT" also known as Additional Residential Units) means a dwelling unit
authorized by the Planning Act that is ancillary or subordinate to the main dwelling unit on a property.
It may be contained in a single detached, semi-detached, street townhouse, townhouse or triplex
dwelling or an associated accessory building."
a) "BOARDING HOUSE" means any Building or part thereof in which the proprietor resides and
supplies for hire or gain to not more than six Persons exclusive of the lessee or owner thereof or
members of his family, lodging and/or meals, but shall not include a Hotel, Motel, Bed and Breakfast
Establishment, Hospital, or Nursing Home.
b) "CLUSTER HOUSING" means a group or groups of Dwelling Units which may be in various forms,
and so located on a Lot that each Dwelling Unit may not have frontage on a public Street or road and
more than one Dwelling Unit may exist on one Lot. Cluster Housing development shall have
frontage on a public Street.
Township of Warwick Zoning By-law
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d) "DUPLEX DWELLING" means a Dwelling divided horizontally into two (2) separate Dwelling Units,
each of which has an independent entrance.
e) "FARM DWELLING" means a Dwelling which is Accessory to an Agricultural Use.
f)
"GROUP HOME-TYPE 1" means a residential Dwelling in which three to ten unrelated residents live
under responsible supervision consistent with the requirements of its residents. "Residents" excludes
staff or receiving family. This does not include a Group Home Type
"GROUP HOME TYPE 2" means a residence maintained and operated primarily for: Persons who
have been placed on probation under the provisions of Acts such as the Criminal Code. R.S., Chap.
C-46, as amended, The Young Offenders Act. R.S., Chap. Y-1, as amended, The Ministry of
Correctional Services Act, R.S.O., 1990, Chap. M.22, as amended and the Parole Act. R.S., Chap. P-
2, as amended. The number of Persons residing therein shall be up to eight excluding staff.
g) "MODULAR HOME" means a prefabricated Single Detached Dwelling designed to be transported
once only to a final location and constructed so as the shortest side of such Dwelling is not less than
6.0 metres in width.
h) "MOBILE HOME, DOUBLE WIDE," means a C.S.A. approved, factory built Dwelling occupied or
designed for occupancy on a permanent basis, towed or designed to be towed in two or more
separate sections with each section on its own chassis and joined together to form one Dwelling Unit
and placed on a permanent foundation with or without a Basement or Cellar and connected or
designed to be connected to Public Utilities, but shall not include a Single Wide Mobile Home or a
Travel Trailer.
i)
"MOBILE HOME, SINGLE WIDE" means a C.S.A. approved factory built Dwelling occupied or
designed for occupancy on a permanent basis having a Floor Area of not less than sixty-five (65)
square metres, designed to be towed on its own chassis, notwithstanding that its running gear is or
may be removed, placed or designed to be placed on permanent foundations, and connected or
designed to be connected to Public Utilities, but shall not include a Double Wide Mobile Home or a
Travel Trailer.
j)
"MULTIPLE DWELLING" means a Building on a Lot used or designed as a residence and containing
four (4) or more Dwelling Units all of which have access from a common corridor or hallway and/or
an independent entrance from the outside. All of the Units in a "Multiple Dwelling" must be "Dwelling
Units", as defined in this By-law. It shall not, however, include any other Dwelling otherwise defined
herein or specifically named elsewhere in this By-law.
k) "NON-FARM RESIDENTIAL" shall mean a Single Detached Dwelling not Accessory to an
Agricultural operation.
l)
"PARK MODEL HOME" means a manufactured Building used or intended to be used as a seasonal
recreational Building of residential occupancy designed and constructed in conformance with
CAN/CSA-Z241 Series-M, "Park Model Trailers".
m) "QUADPLEX DWELLING" shall mean the whole of a dwelling divided into 4 (four) separate dwelling
units, each such dwelling unit having an independent entrance from outside or from a common hallway
or stairway inside the Building.
n) "SINGLE DETACHED DWELLING" means a detached Dwelling on a Lot containing only one (1)
Dwelling Unit or containing one Dwelling Unit plus an Additional Dwelling Unit established under
Section 3.8 of this By-law.
q) "SEASONAL HOUSING" means a Dwelling used or intended, adapted or designed to be used as a
home, residence or sleeping place during any portion of the year except winter months by seasonal
or migrant workers and/or families. Seasonal housing is accessory to a labor-intensive agricultural
use on the same lot.
o) "SEMI-DETACHED DWELLING" means one (1) of a pair of single Dwellings, divided vertically in
whole or in part above Grade, below Grade, or both above and below Grade. This definition includes
a link home.
Township of Warwick Zoning By-law
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p)
"SHORT TERM VACATION RENTAL" means all or part of a legally established dwelling unit that
operates or offers a place of temporary residence, lodging or occupancy by way of a rental
agreement or similar commercial transaction for a period of less than twenty-eight (28) consecutive
nights throughout all or any part of a calendar year.
p)
"STREET TOWNHOUSE" means a Townhouse with each Unit on a separate Lot.
q) "TOWNHOUSE" means the whole of a Dwelling divided vertically into three (3) or more separate
Dwelling Units, each such Dwelling Unit having an independent entrance directly from outside the
Building.
r)
"TRIPLEX DWELLING" means the whole of a Dwelling divided horizontally into three (3) separate
Dwelling Units, each such Dwelling Unit having an independent entrance from the outside or from a
common hallway or stairway inside the Building.
"DWELLING UNIT" means a suite of two (2) or more Habitable Rooms, in which sanitary conveniences
are provided and in which facilities are provided for cooking or for the installation of cooking equipment,
and with an independent entrance, either directly from outside the Building or from a common corridor
inside the Building. This definition shall not include a Motor Home, a Private Garage or a Travel Trailer.
"DWELLING UNIT AREA" means the habitable area contained within the inside walls of a Dwelling Unit,
excluding any Private Garage, Carport, Porch, veranda, unfinished Attic, Cellar or sun room (unless such
sun room is habitable in all seasons of the year), and excluding common hallways, common stairways or
other common areas.
"EASEMENT" means a right or privilege that one has over the lands of another, registered on title to the
said lands under the Registry Act, R.S.O. 1990, Chap. R.20, as amended, and may pertain to access
rights above, below or on the said lands.
"ERECT" means to build, construct, reconstruct or relocate and, without limiting the generality of the
word, also includes:
a)
any preliminary operation such as excavation, infilling or draining;
b)
altering any Existing Building or Structure by an addition, enlargement, extension or other
structural change; and
c)
any work which requires a Building permit.
"ESTABLISHED BUILDING LINE" means the minimum Setback required for a Building on a Lot that is
between two adjacent Lots within the same Zone, on which are located Existing Buildings not more than
100 metres apart, and shall be calculated using the average of the established Setbacks on the said
adjacent Lots, provided that no Setback requirement calculated in accordance with this definition shall
exceed the applicable Setbacks required of the appropriate Zone provisions.
"EXISTING" means Existing on the date of passing of this By-law.
"EXTRACTIVE USE" means the Use of land licensed under the Aggregate Resources Act, R.S.O. 1990,
Chap. A.8, as amended, for the removal of gravel, stone, sand, or other similar substance for
construction, industrial or manufacturing purposes, and includes Accessory Uses, Buildings or Structures.
Permitted Accessory Uses include the blending of recovered materials which are brought to the Extractive
Use.
"FARM DWELLING" see "DWELLING".
"FARM PRODUCE OUTLET" means a Use, Accessory to a Permitted Farm, which consists of the Retail
sale of Agricultural products produced on the Farm where such outlet is located.
"FARMERS MARKET" means a Building, part of a Building, or an open area where Agricultural produce
is offered or temporarily stored for Retail sale on the site by more than one vendor.
"FARM PRODUCE PROCESSING ESTABLISHMENT" means the Use of land, Buildings or Structures
where Agricultural produce, including meat and poultry products, are prepared or packaged and from
which such produce and products are shipped to a Wholesale or Retail outlet.
Township of Warwick Zoning By-law
10
"FINISHED GRADE" means the average elevation between the highest and lowest point of the finished
surface of the ground measured around the perimeter of the base of a Building or Structure exclusive of
any embankment in lieu of steps.
"FLEA MARKET" means the occasional or periodic market held in an open area or in a Building or
Structure, where groups of individual sellers display and offer goods for sale to the public, but does not
include a Garage Sale.
"FLOOR AREA, GROSS" in the case of a Dwelling, means the sum total area of the floors excluding
internal Parking Areas in the Building or Buildings on a site measured from the exterior walls or from the
centre line of common walls separating the Buildings provided that where the Floor Area is within a roofed
Structure without exterior walls the Gross Floor Area shall be the area covered by the roof, or in the case
of a Building other than a Dwelling, means the aggregate of the area of all floors devoted to Retail sales,
customer service and/or office Use measured from the outside face of exterior walls but shall not include,
mechanical rooms, common halls, stairwells, garbage and electrical rooms and parking Structures.
"FLOOR AREA, GROUND" means the area of a Building or Structure measured from the outside of its
exterior walls at Grade and exclusive of any attached Accessory Building, terrace, unenclosed sun room,
Deck, Porch or verandah.
"FORESTRY" means the Use of land for the care, cultivation and maintenance of trees for profit or gain.
"FUNERAL HOME" means a Building or Structure designed for the purpose of furnishing funeral supplies
and services to the public and includes facilities intended for the preparation of the dead human body for
interment or cremation and may include a chapel for funeral purposes.
"FURTHER CONTRAVENE" means the making of an addition to an Existing Non-Complying Building or
Structure, any part of which addition does not comply with the required Setbacks or any other provision of
this By-law.
"GARAGE SALE" means an occasional sale held by the occupants of a Dwelling Unit on their own
premises, of household goods and not merchandise which was purchased for resale or obtained on
consignment
"GARDEN CENTRE" means the Use of land, Buildings or Structures for the purpose of buying, selling
and raising plants, shrubs and trees and includes the storage and sale of products generally used for
landscaping and gardening purposes.
"GAS BAR" means one or more fuel pumps for the sale of motor fuels, including propane, and related
products for Motor Vehicles, together with the necessary pump islands, light standards, kiosk, concrete
aprons, canopy, storage tanks and related facilities required for the dispensing of fuel.
"GAS COMPRESSOR STATION" means the Use of land, Buildings or Structures for the storage,
regulation of flow and distribution of natural gas.
"GASOLINE RETAIL FACILITY" means a premises where the Retail sale of fuel, including propane, or
lubricants for Motor Vehicles constitutes either the sole Use, such as a Gas Bar, or an Accessory Use,
such as a Gasoline Pump Island. This definition shall not include a Motor Vehicle Service Establishment.
"GIFT SHOP" means a retail store specializing in the sale of ornaments, cards, magazines and
confectionaries.
"GOLF COURSE" means a public or private area designed and operated primarily for the purpose of
playing golf.
"GOLF COURSE, MINIATURE" means a Use which provides facilities designed and operated primarily
for what is commonly known as miniature golf but does not include a Golf Driving Tee or Range or a Golf
Course as defined herein.
"GOLF DRIVING TEE OR RANGE" means a Use which provides facilities designed and operated
primarily for the practising of golf shots but does not include Miniature Golf Courses or Golf Courses as
defined herein.
"GRAIN ELEVATOR" means a Building or Structure used for the storage and/or transhipment of grain.
Township of Warwick Zoning By-law
11
"GROUP HOME-TYPE 1" see "DWELLING".
"GROUP HOME-TYPE 2" see "DWELLING".
"GUEST ROOM" means a room or suite of rooms which contain no facilities for cooking or for the
installation of cooking equipment and which is used or designed for gain or profit by providing
accommodation to the travelling or vacationing public.
"HABITABLE ROOM" means a room within a Dwelling Unit designed to provide living, dining, sleeping,
bathroom or kitchen accommodation for Persons. This definition shall not include any Private Garage,
Carport, Cellar, unheated Porch or verandah, unfinished Attic, unfinished Basement, or any space used
for the service and maintenance of a Dwelling or for vertical travel between storeys.
"HEALTH/RECREATIONAL FACILITY" means a Private Club or public facility (athletic, health or
recreational), including uses such as reducing salons and weight control establishments, game courts,
exercise equipment, locker rooms, jacuzzi and/or sauna and pro shop.
"HOLDING PROVISIONS" can be applied to lands to delay their development until specific conditions
have been fulfilled. The Planning Act, as amended, enables Council to place these restrictions on the
Use of land. Holding provisions are depicted by the letter (H) which can be added as a suffix to any Zone
symbol. The Council will remove the (H) symbol, once conditions for the proper development of the
affected lands are satisfied.
"HOME FOR THE AGED" means a Home for the Aged established or maintained under the Homes for
the Aged and Rest Homes Act, as amended, or a Rest Home established and maintained under the same
Act. (B/L 8/2018)
"HOME OCCUPATION" means any occupation conducted for gain or profit as an Accessory Use within a
Permitted Dwelling or a Permitted Dwelling Unit. This definition does not include an Agricultural Home
Industry.
"HOSPITAL" means any institution, Building or other premises or place established for the treatment of
Persons afflicted with or suffering from sickness, disease or injury or for the treatment of convalescent or
chronically ill Persons which is approved under The Public Hospitals Act, as amended, as a public
hospital. This definition shall also include a "PRIVATE HOSPITAL", as defined in the Private Hospitals
Act, as amended, which means a Dwelling in which four (4) or more patients are or may be admitted for
treatment.
"HOTEL" means a Building in which a minimum of four (4) Guest Rooms are provided for transient
lodgers, and may include dining and other public rooms, provided that each Guest Room may be entered
from inside or outside of the Building.
"HOUSEKEEPING UNIT" means a group of people under one tenancy agreement with a single payment,
as opposed to a boarding, lodging, or rooming house, and no occupant has exclusive possession of any
part of the unit, there are no individual leases and everyone has equal access to all areas and share
areas as a in a traditional family.
"INDUSTRIAL USE" means the Use of land, Structures or Buildings for each or any of the following
operations:
a)
the carrying on of any process of manufacture whether or not a finished article results therefrom;
b)
the dismantling and separating into parts of any article, machinery or vehicle, but not including a
motor vehicle wrecking establishment; (B/L 92/03)
c)
the breaking up of any articles, goods or machinery;
d)
the treatment of waste materials of all descriptions;
e)
the recovery and processing of sand, gravel, clay, turf, soil, rock, stone or similar substances;
f)
the repairing and servicing of vehicles, machinery and Buildings;
and may include;
Township of Warwick Zoning By-law
12
i)
the storage of goods used in connection with or resulting from any of the above
operations;
ii)
the provisions of amenities for Persons engaged in such operations;
iii)
the sale of goods resulting from such operations; and
any work of administration or accounting in connection with the undertaking;
and without limiting the generality of the foregoing, includes any Industry particularly defined in this By-
law, but does not include a "Home Occupation" or "Agricultural Home Industry".
"INDUSTRIAL USE, DRY" means any Use Permitted by the applicable Zone where water is only
required for employee washrooms and eating facilities, cooling or pressure testing of equipment, the
washing of Accessory vehicles and similar ancillary Uses and not for processing.
"INDUSTRIAL USE, GENERAL" means any Industrial Use other than a Service Shop, a Light Industrial
Use, or an Offensive Industrial Use.
"INDUSTRIAL USE, LIGHT" means any Industrial Use in which the Building or the Structure thereby
occupied or employed, the processes carried on, the material used or stored, the machinery employed
and the transportation of materials, goods and commodities to and from the premises will not cause injury
to or prejudicially affect the amenity of the locality by reason of the appearance of such Building, Structure
or materials or by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot,
ash, dust, waste paper, waste products, grit, oil or otherwise.
"INDUSTRIAL USE, OFFENSIVE" means any business or industry which by reason of the process
involved or the method of manufacture or the nature of the material or goods used, produced or stored is
likely to cause or causes by reason of destructive gas or fumes, dust, objectionable odour, noise or
vibration, or unsightly storage of goods, wares, merchandise, salvage, junk, waste or other material, a
condition which may be or become hazardous or injurious as regards health or safety or which prejudices
the character of the neighbourhood or interferes with or may interfere with the normal enjoyment of any
land, Building or Structure.
"INSTITUTIONAL USE" means the Use of any land and/or Building or part thereof by a government,
educational, charitable or non-profit organization in the carrying out of its function and without limiting the
generality of the foregoing, shall include municipal offices, Libraries, fire halls, Churches, Hospitals,
Schools, Community Centres, Private Clubs and Assembly Halls.
"KENNEL" means any premises on which four or more domesticated animals over four months of age
are kept, bred, trained, or boarded and may be kept for sale.
"LABORATORY" means a Building, or part thereof, used for scientific, medical and/or research
purposes.
"LANDSCAPED OPEN SPACE" means the open, unobstructed space, on a Lot, accessible by walking
from the Street on which the Lot is located and which is maintained and suitable for the growth and
maintenance of grass, flowers, bushes, trees and other landscaping. This definition may include any
surfaced walk, patio, Deck or similar area provided that such surfaced walk, patio, Deck or similar
Structure is not more than 40% of the Open Space area, but shall not include any driveway or ramp,
whether surfaced or not, nor any curb, retaining wall, or any Parking Area; nor any Open Space beneath
or within a Building or Structure.
"LANE" means a private thoroughfare which affords only a secondary means of access for vehicular
traffic to abutting Lots and which is not intended for general traffic circulation.
"LAUNDROMAT" means an establishment containing one or more washers, and could include drying,
ironing, finishing and incidental equipment, provided that only water, soaps and detergents are used and
provided that no such operation shall emit any noise or vibrations which cause a nuisance or
inconvenience within or without the premises. This definition may include a self-service coin operated
Laundromat.
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"LAUNDRY PLANT" means a Building or a Structure in which the business of a laundry is conducted in
which only water and detergent is used, and where the drying, ironing and finishing of such goods are
conducted.
"LIBRARY" means a Library, branch Library or distribution station to which the provisions of The Public
Libraries Act, as amended, apply.
"LIVESTOCK" means farm animals kept for Use, for propagation, or intended for profit or gain, and
without limiting the generality of the foregoing includes dairy and beef cattle, swine, poultry, horses, goats,
sheep, ratites, fur-bearing animals, deer and elk, game animals, birds and other animals identified in
Appendix "A", Table 1.
'LIVESTOCK FACILITY" means one or more Buildings or Structures designed, used or intended for
housing, feeding or keeping Livestock including anaerobic digesters, manure transfer facilities and
Manure Storages. Portions not storing manure or not occupied by Livestock long enough for substantial
amounts of manure to accumulate are not subject to MDS I or MDS II measurements.
"LIVESTOCK HOUSING CAPACITY" means the number of Livestock that can be accommodated by all
Livestock Facilities on a Lot at any one time, including those that are empty but able to house Livestock.
"LOADING SPACE" means an off-street space on the same Lot as the Building, or contiguous to a group
of Buildings, for the temporary parking of a commercial Motor Vehicle while loading or unloading
merchandise or materials, and which abuts a Street, Lane, or other appropriate means of access. The
provision of Loading Spaces shall be in accordance with Section 3.28.
"LONG TERM CARE FACILITY" means a nursing home under the Nursing Homes Act, an approved
charitable home for the aged under the Charitable Institutions Act, or a home for the aged or rest home
under the Homes for the Aged and Rest Homes Act. (B/L 8 of 2018)
"LOT" means land within a registered plan of subdivision (but not including plans deemed not to be
registered pursuant to Section 50(4) of The Planning Act, R.S.O. 1990, Chap. P. 13, as amended) or any
land that may be legally conveyed under the exemption provided in clause (b) or (f) of subsection 3 or
clause (a) or (f) of subsection 5 of Section 50 of The Planning Act, R.S.O. 1990, Chap. P. 13 as
amended, the boundaries of which are recorded in the Registry Office for the Registry Division of the
County of Lambton.
a)
"CORNER LOT" means a Lot, situated at the intersection of and abutting upon two or more
Streets, provided that the angle of intersection of such Streets is not more than one hundred and
thirty-five (135) degrees.
b)
"INTERIOR LOT" means any Lot which has a Street Access, other than a Corner Lot.
c)
"THROUGH LOT" means an Interior Lot having Street Access on two or more Street Lines, other
than a Corner Lot.
"LOT AREA" means the total horizontal area within the Lot Lines of a Lot.
"LOT COVERAGE" means that percentage of the Lot Area covered by the perpendicular projections onto
a horizontal plane of the area of all Buildings and Structures on the Lot. Lot Coverage shall not include
Balconies, Canopies and overhanging eaves provided none of the foregoing are less than 2.4 metres
above Finished Grade. Lot Coverage shall not include Private Decks and Private Swimming Pools.
"LOT DEPTH" means the horizontal distance between the Front and Rear Lot Lines. If the Front and
Rear Lot Lines are not parallel, "Lot Depth" means the length of a straight line joining the middle of the
Front Lot Line with the middle of the Rear Lot Line. If there is no Rear Lot Line, Lot Depth means the
length of a straight line joining the middle of the Front Lot Line with the apex of the triangle formed by the
Side Lot Lines.
"LOT FRONTAGE" means the horizontal distance between the Side Lot Lines, measured perpendicularly
from a line joining the middle of the Front and Rear Lot Lines and at a point thereon, a distance equal to
the minimum Front Yard Depth required by this By-law. Where there is no Rear Lot Line, Lot Frontage
means the horizontal distance between the Side Lot Lines, measured perpendicularly from a line joining
the middle of the Front Lot Line with the apex of the triangle formed by the Side Lot Lines and at a point
Township of Warwick Zoning By-law
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thereon, a distance equal to the minimum Front Yard Depth required by this By-law. Lot Frontage shall
not include the extent to which a Lot abuts the end of a Street, other than a Street which terminates in a
cul-de-sac, or an unopened Street Allowance.
"LOT LINE" means any boundary of a Lot or the vertical projection thereof. There shall be deemed to be
2 Lot Lines in cases where a Lot Line changes by a direction which is less than 135. There shall be
deemed to be one continuous Lot Line in cases where the change in direction is greater than 135.
a)
"FRONT LOT LINE" means in the case of an Interior Lot, the line dividing the Lot from the Street.
In the case of a Corner Lot, the shorter Lot Line abutting a Street shall be deemed the Front Lot
Line and the longer Lot Line abutting a Street shall be deemed the Exterior Side Lot Line. In the
case of a Through Lot or a Corner Lot whose exterior Lot Lines are the same length, the Lot Line
where the principle access to the Lot is provided shall be deemed to be the Front Lot Line.
b)
"REAR LOT LINE" means in the case of a Lot having four or more Lot Lines, the Lot Line
farthest from and opposite to the Front Lot Line. If a Lot has less than four Lot Lines, there shall
be deemed to be no Rear Lot Line.
c)
"SIDE LOT LINE" means a Lot Line other than a Front or Rear Lot Line, and shall include Interior
Side Lot Line and Exterior Side Lot Line.
d)
"EXTERIOR SIDE LOT LINE" - on a Corner Lot, means the longer Lot Line abutting a Street.
e)
"INTERIOR SIDE LOT LINE" - means a Side Lot Line other than an Exterior Side Lot Line.
"LUMBER YARD" means the Use of land, Buildings or Structures for the purpose of buying, selling and
storing of wood and wood products and lumber but does not include any manufacturing or processing
Uses.
"MANURE STORAGES" as listed in Appendix "A", Table 5, means land, Buildings or Structures
designed, used or intended to be used as permanent storages for manure or "digestate" produced from
an anaerobic digester. It does not include manure transfer facilities, anaerobic digesters or temporary
field storages.
"MARINE SALES AND SERVICE ESTABLISHMENT" means a Building and/or land used for the display
and sale of new and/or second-hand boats and watercraft, and may include the servicing, repair, and
cleaning, of such, and the sale of accessories and related products.
"MAXIMUM ENCROACHMENT" means the greatest distance a Structure may be built into a required
front, rear or side yard.
"METEOROLOGICAL MAST" means a separate, guyed tower having instruments mounted thereon for
the purpose of assessing a site's wind characteristics on a temporary basis of up to three years or for
assessing the performance of a wind turbine or farm once erected.
"MINIMUM DISTANCE SEPARATION" or "MDS" shall mean the setbacks that non-Agricultural Uses
must meet from Livestock Facilities (MDS I) and that Livestock Facilities must meet from non-Agricultural
Uses (MDS II) as required in Section 5.2 of this By-law and calculated in Appendix "A" to this By-law.
"MOBILE HOME LOT" means a parcel of land within a Mobile Home Park occupied by or intended for
occupancy by one Double-Wide Mobile Home or one Single-Wide Mobile Home together with all Yards
and Open Space required by this By-law.
"MOBILE HOME PARK" means a parcel of land containing two or more Mobile Home Lots and which is
under single management and ownership.
"MOBILE HOME, DOUBLE WIDE" see "DWELLING".
"MOBILE HOME, SINGLE WIDE" see "DWELLING".
"MOBILE HOME SALES ESTABLISHMENT" means land, Building or Structure used for the sale and
display of new Mobile Homes, modular homes, and tourist trailers and may include the servicing and
repair of such Structures and vehicles, but shall not include any other Uses defined in this By-law.
Township of Warwick Zoning By-law
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"MODULAR HOME" see "DWELLING".
"MOTEL" means a Building, part of a Building or group of Buildings wherein accommodation without
private cooking or housekeeping facilities is provided for transient lodgers, but which may include Dining
Rooms and other public rooms and provided each Guest Room or sleeping room may be entered from
the exterior of the Building. Sanitary facilities shall be included for each Guest Room or suite.
"MOTOR HOME" means a self-propelled recreational vehicle capable of being used for the temporary
sleeping or eating accommodation of Persons.
"MOTOR VEHICLE" means an automobile, motorcycle, all-terrain vehicle and any other vehicle propelled
or driven otherwise than by muscular power; but does not include other Motor Vehicles running only upon
rails, or a farm tractor, self-propelled implement of husbandry or road-Building machine.
"MOTOR VEHICLE, COMMERCIAL" as defined in The Highway Traffic Act R.S.O. 1990, Chap. H.8, as
amended, means a Motor Vehicle having permanently attached thereto a truck or delivery body and
includes ambulances, hearses, fire apparatus, buses and tractors designed for hauling purposes on the
highway.
"MOTOR VEHICLE REPAIR ESTABLISHMENT" means a Building and/or land used for the servicing,
repair, cleaning, polishing, lubricating and greasing of Motor Vehicles and may include vehicular body
repair and re-painting, but shall not include any other motor vehicle Use defined in this By-law.
"MOTOR VEHICLE SALES ESTABLISHMENT" means a Building and/or land used for the display and
sale of new and/or second-hand Motor Vehicles and may include the servicing, repair, cleaning, polishing
and greasing of Motor Vehicles, the sale of motor vehicle accessories and related products and the
leasing or renting of Motor Vehicles, but shall not include any other motor vehicle Use defined in this By-
law.
"MOTOR VEHICLE SERVICE ESTABLISHMENT" means a Building and/or land used for the sale of
fuels for Motor Vehicles and may include the servicing, repair, cleaning, polishing and greasing of Motor
Vehicles and the sale of motor vehicle accessories and related products, but shall not include any other
motor vehicle Use defined in this By-law.
"MOTOR VEHICLE WASHING ESTABLISHMENT" means a Building and land used for the washing or
cleaning of Motor Vehicles including self-service and may include the sale of fuels to Motor Vehicles, but
shall not include any other motor vehicle Use defined in this By-law.
"MOTOR VEHICLE WRECKING ESTABLISHMENT" means a Building and/or land used for the
wrecking or dismantling of Motor Vehicles and for the storage and sale of scrap material, salvage and
parts obtained therefrom, but shall not include any other motor vehicle Use defined in this By-law.
"MULTIPLE DWELLING" see "DWELLING".
"MUNICIPAL DRAIN, CLOSED" means "drainage works" as defined by The Drainage Act, R.S.O. 1990,
Chap. D.17, as amended, located entirely within the ground and designed, used, or intended for Use for
the conveyance of precipitation.
"MUNICIPAL DRAIN, OPEN" means "drainage works" as defined by The Drainage Act, R.S.O. 1990,
Chap. D.17, as amended which includes a drain constructed by any means including the improving of a
natural watercourse, and includes the works necessary to regulate the water table within or on any lands
or to regulate the level of the waters of any drain, reservoir, lake or pond, and includes a dam,
embankment, wall, protective works or any combination thereof.
"MUNICIPALITY" means the Corporation of the Township of Warwick.
"NON-COMPLYING" means a Permitted Use which does not comply with one or more provisions of this
By-law for the Zone in which such Building or Structure is located on the date of passing of this By-law or
amendments thereto.
"NON-CONFORMING" means a lawfully Existing Use, Building or Structure prohibited by this By-law in
the Zone in which it is situate.
"NON-FARM RESIDENTIAL" see "DWELLING".
Township of Warwick Zoning By-law
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"NURSERY" means the Use of land, Buildings or Structures or part thereof where trees, shrubs, sod or
plants are grown or stored for the purpose of transplanting, for Use as stocks for building or grafting or for
the purpose of Retail or Wholesale, together with the sale of soil, planting materials, fertilizers and similar
materials and may include the storage of necessary machinery and vehicles used in connection with such
business. Landscaping and gardening supplies may also be kept or be offered for sale or rent.
"NURSING HOME" as defined in The Nursing Homes Act, R.S.O. 1990, Chap. N.7, as amended, means
any premises maintained and operated for Persons requiring nursing care or in which such care is
provided to two (2) or more unrelated Persons, but does not include any premises falling under the
jurisdiction of The Homes for the Aged and Rest Homes Act, R.S.O. 1990, Chap. H.13, as amended, the
Private Hospitals Act, R.S.O. 1990, Chap. P.24, as amended and the Public Hospitals Act, R.S.O. 1990,
Chap. P.40, as amended.
"NUTRIENT UNIT" means a measure based on nutrient quantities for comparing sizes of Livestock
Facilities of differing Livestock types as listed in Appendix "A", Table 1.
"OCCUPANCY" means to reside in as owner or tenant on a permanent or temporary basis.
"OCCUPANT LOAD" as defined in the Ontario Building Code Act, R.S.O. 1990, Chap. B.13 as amended,
means the number of Persons for which a Building, or part thereof, is designed.
"OFFICE" means a Building or part thereof designed, intended or used for the practice of a profession,
the carrying on of a business, and/or the conduct of public administration, but shall not include a Clinic.
"OPEN SPACE" means an unoccupied space open to the sky except such land as is used or required for
parking purposes by this By-law, and shall include recreation facilities, Landscaped areas, patios, and
walkways.
"OPEN STORAGE" means the storage or display of goods, merchandise, or equipment outside of a
Building or Structure on a Lot or portion thereof.
"OWNER" means the Person who holds legal title to a piece of property or has an equitable interest in
the same.
"PARK" means an area, consisting largely of Open Space, which may include a Recreational area,
playground, play field or similar Use, but shall not include a Mobile Home Park or Camping Ground.
a)
"PUBLIC PARK" means a Park owned or controlled by the Corporation or by any Ministry,
Board, Commission or Authority established under any statute of Ontario or Canada.
b)
"PRIVATE PARK" means a Park other than a Public Park.
"PARK MODEL HOME"see "DWELLING".
"PARKING AREA" means an area or Structure provided for the parking of Motor Vehicles and includes
any related Aisles, Parking spaces or driveways, accessible to or from a Street or Lane but shall not
include any part of a Street. This definition may include a Private Garage.
"PARKING LOT" means any Parking Area other than a Parking Area Accessory to a Permitted Use on
the same Lot that functions independently as a separate operation such as a Commercial or Municipal
Lot.
"PARKING SPACE" means a portion of a Parking Area, exclusive of any Aisles or driveways, which may
be used for the temporary parking or storage of a Motor Vehicle, accessible from an Aisle, Street or Lane.
"PASTURE AREA" means a contiguous area of land not less than 0.4 hectare in area, exclusive of
Buildings, Structures, lawn, driveways and the like, which is available for the grazing of Livestock.
"PERMITTED" means Permitted by this By-law.
"PERSON" means any human being, association, firm, partnership, corporation, agent or trustee, and the
heirs, executors or other legal representative or a Person to whom the context can apply according to law.
"PERSONAL SERVICE ESTABLISHMENT" means a Building, or a part thereof, in which Persons are
employed in furnishing services and otherwise administering to the individual and Personal needs of
Township of Warwick Zoning By-law
17
Persons, and including premises such as a barber, hairdresser, beautician, tailor, dressmaker,
Laundromat, dry cleaning and laundry depot, suntanning shop and a formal rentals shop but shall not
include a body massage parlour. The sale of merchandise shall be permitted only as an Accessory Use
to the Personal service provided.
"PETROLEUM WELL" as defined by the Oil, Gas and Salt Resources Act, R.S.O. 1990, Chap. P.12, as
amended, means a hole drilled into a geological formation of Cambrian or more recent age, except a hole
where no oil or gas is encountered that is drilled for the production of fresh water.
"PETROLEUM WORK" as defined by the Oil, Gas and Salt Resources Act, R.S.O. 1990, Chap. P.12, as
amended, means a pipe line or a Well and every part thereof and adjunct thereto that is used in the
drilling for or the production or storage of oil or gas.
"PLACE OF ENTERTAINMENT" means a motion picture or other Theatre, auditorium, billiard or pool
room, bowling alley, ice or roller skating rink, or dance hall, but does not include any other place of
entertainment or recreation otherwise defined or classified in this By-law.
"PLANTING STRIP" means an area which shall be used and maintained for no purpose other than
planting a continuous unpierced hedgerow of evergreens or shrubs. The hedgerow must not be less than
1.5 metres high and may be adjacent to the Lot Line or portion thereof for which such Planting Strip is
required. The remainder of the Planting Strip shall be used for no purpose other than planting shrubs,
flowers, grass or similar vegetation.
"PLANTING STRIP WIDTH" means the least horizontal dimension of a Planting Strip measured
perpendicularly to the Lot Line adjoining such Planting Strip.
"PORCH" means a covered entrance to a Building.
"POULTRY PROCESSING PLANT" means the Use of a Building or Structure for the slaughtering,
processing, manufacture, or packaging of poultry or poultry products and may include as an Accessory
Use the Wholesale or Retail sales of poultry or poultry products.
"PRINTING ESTABLISHMENT" means an establishment used for the blueprinting, engraving,
stereotyping, electro-typing, printing or typesetting, and shall include a duplicating shop and a letter-shop.
"PRIVATE CLUB" means a Building or part of a Building used as a meeting place for members of a
chartered organization and shall include a lodge, a fraternity or sorority house, and a labour union hall.
"PRIVATE GARAGE" means an Accessory Building or Structure, attached to or detached from a
Dwelling, which is fully enclosed and used for the sheltering of Permitted Vehicles and storage of
household equipment incidental to the residential occupancy and in which there are no facilities for the
repairing or servicing of vehicles for gain or profit. This definition may include a Carport or other open
shelter.
"PROCESSED GOODS INDUSTRY" means a Building or part thereof used by textiles, leather and
rubber Industries; plastics and synthetics resins Industries; paper and wood products Industries; metal
products Industries; oil and coal by-products Industries; chemical products Industries; and non-metallic
products Industries. Processed Goods Industries exclude pulp and paper Industries and primary metal
Industries.
"PROPANE TRANSFER FACILITY" means a facility at a fixed location having not more than one
storage container and such container shall not have an aggregate propane storage capacity in excess of
50,000 litres.
"PUBLIC RECREATIONAL USE" means the Use of land, water and/or Buildings for the purpose of
Passive and Active Recreation, as defined in this By-law, owned or controlled by the Corporation or by
any Ministry, Board, Commission or Authority established under any Statute of Ontario or Canada.
"PUBLIC USE, NON-RECREATIONAL" means a Building, Structure or Lot used for public services by
the Corporation or the County, any local board of either the Corporation or the County, a Conservation
Authority established by the Government of Ontario, any Ministry or Commission of the Government of
Ontario or Canada.
Township of Warwick Zoning By-law
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"PUBLIC UTILITY" as defined in the Public Utilities Corporations Act, R.S.O. 1990, Chap. P.53, as
amended, means any water works, gas works, electric heat, light or power works, telegraph or telephone
lines and works for the transmission of gas, oil, water or electrical power or energy or any similar works
supplying the general public with necessaries or conveniences.
"QUARRY" means the Use of land licensed under the Aggregate Resources Act, R.S.O. 1990, Chap.
P.12 as amended, where consolidated rock has been or is being removed by means of an open
excavation to supply material for construction, industrial or manufacturing purposes, but does not include
a Wayside Quarry.
"RECREATION, ACTIVE" means the Use of land, water and/or Building for the purpose of organized
active leisure activities and shall include an arena, a sports field, and a Golf Course.
"RECREATION, COMMERCIAL" means the Commercial Use of land and/or Buildings for the purpose of
recreation but shall not include a Place of Entertainment.
"RECREATION, PASSIVE" means the Use of land and/or water for the purpose of passive leisure
activity and shall include a Park, a garden, a picnic area and the like, as well as a play Lot with activity
equipment for children.
"RECYCLING DEPOT" shall mean the use of lands, structures or Buildings for the accumulation and
distribution of reusable materials including paper, cardboard, aluminum, steel, plastic and glass. Storage
of such materials after packaging shall be short term until the materials are shipped out. Open storage
areas used in conjunction with a "Recycling Depot" may be used to store limited quantities of old
appliances, rubber tires and constructed materials. On-site processing of such articles or materials shall
be prohibited.
"RENOVATION" means the replacement, repair and restoration of land, Building or Structure to good
condition but shall not include its replacement.
"REPAIR AND RENTAL ESTABLISHMENT" means a business engaged in maintaining, repairing,
installing and renting articles and equipment for household, Personal, construction and Industrial Use
such as: radios and television; refrigeration and air conditioning; appliances; watches, clocks and
jewellery; upholstery and furniture repair; power tools, mobile construction equipment and moving
equipment. This does not include any other Use specifically referred to or defined in this By-law.
"REPLACEMENT" when used in reference to a Building or Structure or part thereof, means the removal
and rebuilding, repairing or restoring of more than 25% of the total Building or Structure.
"RESEARCH AND DEVELOPMENT ESTABLISHMENT" means a Building or part thereof used by raw
material development and testing firms; processed products development and testing firms; and chemical
and biological products development and testing firms.
"RESIDENTIAL CARE FACILITY" means a family home, group care facility, or similar facility for 24 hour
non-medical care of persons in need of personal services, supervision or assistance essential for
sustaining the activities of daily living accommodations and care for persons in return for compensation,
but shall not include a motel, hotel, bed and breakfast, hospital, or group home. Such uses are to be
licensed or regulated under Municipal, Provincial or Federal regulatory authorities. (B/L 8 of 2018)
"RESOURCE EXTRACTION" means the Use of land for the drilling, production from the ground, and
storage of, natural gas, brine or salt but excluding the refining of said products. This is separate from
Petroleum Well as defined herein.
"RESTAURANT" means a Building or part of a Building where food is prepared and offered or kept for
Retail sale to the public for consumption either on or off the premises and includes such Uses as a cafe,
cafeteria, ice cream parlour, tea or lunch room, dairy bar, donut shop, coffee shop, snack bar or
refreshment room or stand. This definition shall not include a Drive-In Restaurant.
"RESTAURANT, DRIVE-IN" means an establishment where food is offered for sale or sold to the public
for consumption, such establishment being designed for consumption of the food within a Motor Vehicle
parked in a Permitted Parking Space on the premises of the establishment.
Township of Warwick Zoning By-law
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"RESTAURANT, DRIVE THROUGH SERVICE FACILITY" means an element of a Restaurant Use
associated with ordering and serving food and beverages to patrons where they remain within a Motor
Vehicle, and includes any associated speaker system and order board.
"REST HOME" means a Building or portion of a Building other than a Public or Private Hospital operated
under the provisions of the Rest Homes Act for accommodation and amenities for senior citizens in return
for compensation.
"RETAIL STORE" means a Building or part of a Building in which goods, wares, merchandise,
substances, articles or things are offered or kept for Retail sale to the public.
"RETAIL WAREHOUSE" means a Building or part of a Building used for the storage and display of
goods, merchandise, or materials and may include the carrying out of commercial transactions involving
the sale of such goods, merchandise or materials by Retail sale to the general public.
"RETIREMENT HOME" see Rest Home or Home for the Aged. (B/L 8 of 2018)
"RIDING SCHOOL" means the Commercial Use of land and Buildings for the instruction of Persons in
the manner of riding horses and may include the boarding or stabling of horses.
"RIGHT-OF-WAY" means:
a)
a right enjoyed by a Person of passing over another Person's land subject to such conditions and
restrictions as are specified by grant, sanctioned by custom or by whatever other means, by
virtue of which the right exists, and/or;
b)
a term commonly applied to a more or less uniform strip of land used for the purposes of
constructing a highway, railway, pipe line, telephone or power transmission line, etc.
"ROAD" means a Street as defined in this By-law.
"SALVAGE YARD" means a Lot, Building or Structure used for wrecking, dismantling, storing or selling
second hand goods, wares or materials including, but not so as to limit the generality of the foregoing,
rags, bones, bottles, metals, clothing, furniture, paper, machinery, building materials and vehicles and
parts thereof.
"SEASONAL HOUSING" means a Dwelling in the form of a Mobile Home or a Single Detached Dwelling
used for housing seasonal workers and/or members of their family on a seasonal basis. "Seasonal
worker" means a person working seasonally for an Agricultural operation that produces a labour-intensive
crop. (B/L 55/07)
"SEMI DETACHED DWELLING" see "DWELLING".
"SINGLE DETACHED DWELLING" see "DWELLING".
"SAWMILL" means the Use of land, Buildings or Structures for the purpose of processing logs or other
unfinished wood into lumber, shingles, pallets, sawdust, firewood or related products.
"SCHOOL" means a school under the jurisdiction of a Board of Education, under the Education Act, a
School operated on a non-profit basis and under charter granted by the Province of Ontario, or a private
School.
"SERVICE AND REPAIR SHOP" means an establishment wherein articles of goods such as appliances,
furniture or similar items may be repaired or serviced. This definition shall not include any manufacturing
operation or establishment used for the service or repair of Motor Vehicles.
"SERVICE TRADE" means an establishment, other than an automotive Use, that provides a non-
Personal service or craft to the public, including, but not necessarily restricted to, a printer's shop, a
tinsmith's shop, a plumber's shop, a painter's shop, a merchandise service shop, a furrier's shop, an
upholsterer's shop, a bakery, a catering establishment, a machine shop, or a monument engraving shop.
"SETBACK" means the minimum horizontal distance between a Lot Line and the nearest part of the
foundation of any Building or Structure on the Lot or the nearest Open Storage Use on the Lot.
Township of Warwick Zoning By-law
20
"SHIPPING CONTAINER" means a pre-fabricated metal container of structure designed for storage of
good and materials while under transport by ship, rail, or truck. A shipping container that has been
modified (i.e. roof pitch, siding, windows, etc.) and used as a structural element will not be considered a
shipping container. This definition shall include storage containers. (B/L 47/2018)
"SHOPPING CENTRE" means a group of commercial establishments related in locations, size, and type
to the trade or residential area it serves and conceived, designed, developed and managed as an
interdependent and interrelated Unit whether by a single owner or tenant or by a group of owners or
tenants, acting in collaboration.
"SIGHT TRIANGLE" means the triangular space formed by the Street Lines of a Corner Lot and a line
drawn from a point in one Street Line to a point in the other Street Line, each such point being a minimum
distance specified in Section 3.18.2 of this By-law from the point of intersection of the Street Lines
(measured along the Street Lines). Where the two Street Lines do not intersect at a point, the point of
intersection of the Street Lines shall be deemed to be the intersection of the projection of the Street Lines
or the intersection of the tangents to the Street Lines.
"SIGN" means a name, identification, description, device, display or illustration which is affixed to or
represented directly or indirectly upon a Building, Structure or Lot which directs attention to an object,
product, place, activity, Person, institute, organization or business.
"STOCK YARD" means the Use of land, a Building or a Structure for the temporary containment of
Livestock.
"STORAGE DEPOT" means an area including reservoir, silo and tank storage; hangers; open air
parking; and open air storage. Storage Depots exclude Salvage Yards, Resource Extraction Operations,
and Wayside Pits.
"STORM SEWER" means a pipe located entirely within the ground and designed, used, or intended for use
for the conveyance of precipitation.
"STOREY" shall mean the portion of a Building, other than an Attic, Cellar or Basement, included between
any floor level and the floor, ceiling, Attic above it. Any loft or mezzanine greater than 50% of the Ground
Floor Area of the floor below shall be considered as a separate Storey.
a)
ONE STOREY means a building having one Storey and no loft, mezzanine or partial floor
whatsoever.
b)
ONE AND ONE HALF STOREY means a Building having a loft or mezzanine no exceeding 50% of
the Ground Floor Area of the floor below.
c)
TWO STOREY means a Building with two Storeys.
"STREET" means a public thoroughfare intended for vehicular traffic and which is under the jurisdiction of
either the Corporation, the County or the Province of Ontario. This definition shall not include any Lane or
private Right-Of-Way. "STREET ALLOWANCE" shall have a corresponding meaning.
"STREET ACCESS" means, when referring to a Lot, that such Lot has a Lot Line or portion thereof which
is also a Street Line.
"STREET LINE" means the limit of the Street Allowance and is the dividing line between a Lot and a
Street.
"STREET TOWNHOUSE" see "DWELLING".
"STRUCTURE" means anything that is erected, built or constructed of parts joined together or requiring a
foundation to hold it erect, but shall not include free standing walls and fences.
"SURPLUS FARM DWELLING" means an existing habitable farm dwelling that is rendered surplus as a
result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm
operation).
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"SWIMMING POOL, PRIVATE" means a Structure located on privately owned property, used and
maintained for the purpose of swimming or wading. Private Swimming Pools shall be subject to the
provisions of Section 3.14 of this By-law.
"TEMPORARY BUILDING" means a Building or Structure intended for removal or demolition within a
prescribed time not exceeding two years as set out in a Building permit.
"TERMINAL GRAIN ELEVATOR" means an establishment for the storing, receiving, shipping of grain
and similar Agricultural products, and includes associated Offices, weigh scales, and Accessory Uses.
"THEATRE" means a Building, or part thereof, used for the presentation of the performing arts.
"TILLABLE HECTARES" means the total area of land including pasture that can be worked or
cultivated."
"TOP-OF-BANK" means a line delineated at a point where the oblique plane of the slope associated with
a water course, meets the horizontal plane.
"TOURIST CENTRE" means any land, Buildings or Structures used for the purpose of providing tourist
information and activities to the travelling public.
"TOWNHOUSE" see "DWELLING".
"TRAVEL TRAILER" means a Vehicle designed, intended and used exclusively for travel, Recreation
and vacation and which is either capable of being drawn by a passenger Vehicle or is self-propelled, and
shall include tent trailers, vans, Motor Homes and similar transportable accommodation excepting a
Single or Double Wide Mobile Home.
"TRAVEL TRAILER SALES ESTABLISHMENT" means land and/or Buildings used for the display for
sale of Travel Trailers and includes the servicing, repair, cleaning, polishing and greasing of such
Vehicles and the sale of accessories and related products and the leasing or renting of such Vehicles, but
does not include a Motor Vehicle Sales Establishment as defined in this By-law.
"TRIPLEX DWELLING" see "DWELLING".
"TRUCK STOP" means the Use of any land, Buildings or Structures upon which a Business, Service or
Industry involving the maintenance, servicing, storage or repair of Commercial Vehicles is conducted or
rendered including the dispensing of motor fuel or petroleum products directly into Motor Vehicles, the
sale of accessories or equipment for trucks and similar Commercial Vehicles. A Truck Stop may also
include overnight accommodation, laundry and shower facilities for the Use of truck crews, and
Restaurant facilities.
"TRUCK TRANSPORT TERMINAL" means a Building, Structure, or Lot used for the parking, repairing,
or dispatching of Commercial Motor Vehicles or trailers (as defined by The Highway Traffic Act, R.S.O.
1990, Chap. H.8, as amended.).
"TYPE A LAND USES" include Industrial (excluding M4 Zones), Rural Commercial (C3 Zones) and
Passive Recreation Uses and/or Zones Permitting such Uses. For the purposes of MDS I a Dwelling or
up to three new non-Agricultural Lots are also Type A Land Uses. For the purposes of MDS II, Dwellings
and residential Uses not recognized as residential areas in the Township Official Plan, or Cemeteries
located in an Agricultural Zone are also Type A Land Uses.
"TYPE B LAND USES" include Institutional, Active Recreation and Commercial (excluding C3 Zones)
Uses and/or Zones Permitting such Uses. For the purposes of MDS I, Cemeteries, a Building with three
or more Dwelling Units, expansion of a settlement area, more than three new non-Agricultural Lots, Zones
for residential Use, or a consent that would result in Four contiguous residential Lots are also Type B
Land Uses. For the purposes of MDS II, Cemeteries not in an Agricultural Zone and areas specifically
designated in the Township Official Plan as residential or settlement areas are also Type B Land Uses.
"UNSERVICED" means services not consisting of water services, waste-water services, natural gas
services, or communications services, but consisting of electrical or hydro services so long as these
services are installed in such a manner so as to be flood proof and pose no hazard of electrocution to the
users of the Campground in the event of a flood event. (B/L 6/22)
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"UPHOLSTERY CLEANING ESTABLISHMENT" shall mean a building or structure used for the purpose
of performing upholstery cleaning and restorations. This includes marine and motor vehicle upholstery
cleaning, polishing and detailing; but does not include motor vehicle repair, washing, sales or service
establishment and will neither include marine sales and service establishment as defined in this By-Law.
"USE" where it appears as a noun, means the purpose for which a Lot, Building or Structure, or any
combination thereof is designed, arranged, occupied or maintained. "USES" shall have a corresponding
meaning.
"UTILITY SERVICE BUILDING" means a Building used in connection with the supplying of Public
Utilities including a water and sewage pumping station, a water storage reservoir, a gas regulator
Building, a hydro sub-station, a telephone exchange Building or similar Buildings.
"VALUE ADDED INDUSTRY" means a business or activity carried out on an Agricultural Lot by Persons
residing on the Lot. Such business or activity adds value or further processes a commodity or by-product
produced by the main Agricultural Operation or uses such as the primary ingredient or material in a
product produced on the site. It shall not include any processes or materials with significantly greater
potential to cause site contamination than normal Agricultural activities.
"WALL, MAIN" means an outside wall of a Building which supports a roof and shall include a wall under
a gable end.
"WAREHOUSE" means a Building or Structure or part thereof used or intended to be used for the
storage and display of goods, merchandise or materials, and may include the carrying out of Commercial
transactions involving the sale of such goods, merchandise and materials solely by Wholesale.
"WAREHOUSE, BONDED" means a Warehouse, certified by the Federal government and guaranteed
by a bonding agency, where goods may be stored until duties or taxes are paid.
"WASTE DISPOSAL SITE" as defined in Section 25 of the Environmental Protection Act, R.S.O. 1990,
Chap. E.19, as amended, means any land or land covered by water upon, into, or through which, or a
Building or Structure in which, waste is deposited or processed and any machinery or equipment or
operation required for the treatment or disposal of waste.
"WAYSIDE PIT" OR "WAYSIDE QUARRY" means a temporary pit or quarry opened and used by a
public road authority solely for the purpose of a particular project or contract of road construction and not
located on the road Right-Of-Way.
"WHOLESALE ESTABLISHMENT" means any Establishment which sells merchandise to others for
resale and/or to Industrial or Commercial users.
"WIND FARM" means a Lot having Wind Turbines located thereon that meet the criteria for defining a
Lot as a Wind Farm under Sections 3.31.1i) and j).
WIND TURBINE" means a tubular or latticed, guyed or freestanding tower having located thereon a
generator, which converts wind energy into electricity. A wind turbine, tower, foundation and any
appurtenances are manufactured and erected with consideration for site soil conditions and in
accordance with CSA standards, engineered design and/or applicable industry standards. This definition
shall include Structures Accessory thereto.
"WIND TURBINE, ACCESSORY" means a Wind Turbine that produces electricity primarily for use on
the Lot on which it is located or to produce credits for use on another Lot under the same ownership as
the Wind Turbine operator. Although it may be connected to the utility grid and/or practice net metering, it
does not produce electricity for sale to the utility grid.
"WIND TURBINE, COMMERCIAL" means a Wind Turbine that produces electricity primarily for profit by
sale to the utility grid.
'WIND TURBINE, DERELICT" means a Wind Turbine that is no longer operable; exhibits signs of
compromised structural integrity; has rusted, missing or damaged part; has not been operated for a
period of one year or more; is no longer fit to produce electricity; or no longer meets applicable safety
standards.
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"YARD" means a space, appurtenant to a Building or Structure, located on the same Lot as the Building
or Structure, and which space is open, uncovered and unoccupied from the ground to the sky except for
such Accessory Buildings, Structures or Uses as are specifically Permitted elsewhere in this By-law.
a)
"FRONT YARD" means a Yard extending across the full width of the Lot between the Front Lot
Line of the Lot and the foundation of any Main Building on the Lot.
b)
"FRONT YARD DEPTH" means the least horizontal dimension between the Front Lot Line of the
Lot and the foundation of any Building or Structure on the Lot, or the nearest Open Storage Use
on the Lot.
c)
"REAR YARD" means a Yard extending across the full width of the Lot between the Rear Lot
Line of the Lot and the foundation of any Main Building on the Lot. If there is no Rear Lot Line,
there shall be deemed to be no Rear Yard.
d)
"REAR YARD DEPTH" means the least horizontal dimension between the Rear Lot Line of the
Lot and the foundation of any Building or Structure on the Lot, or the nearest Open Storage Use
on the Lot.
e)
"SIDE YARD" means a Yard extending from the Front Yard to the Rear Yard and from the Side
Lot Line of the Lot to the foundation of any Main Building on the Lot. In the case of a Lot, which
has no Rear Lot Line, the Side Yard shall extend from the Front Yard to the opposite Side Yard.
f)
"SIDE YARD WIDTH" means the least horizontal dimension between the Side Lot Line of the Lot
and the foundation of any Building or Structure on the Lot, or the nearest Open Storage Use on
the Lot.
g)
"EXTERIOR SIDE YARD" means a Side Yard immediately adjoining a Street, extending from the
Front Yard to the Rear Lot Line.
h)
"INTERIOR SIDE YARD" means a Side Yard other than an Exterior Side Yard.
i)
"REQUIRED YARD" means a Yard with the minimum Front Yard Depth, Rear Yard Depth, or
Side Yard Width required by the provisions of this By-law. A required Side Yard shall extend from
the required Front Yard to the required Rear Yard, or in the case of a Lot which has no Rear Lot
Line, the required Side Yard shall extend from the required Front Yard to the opposite required
Side Yard.
"ZONE" means a designated area of land Use shown on Schedule 'A' of this By-law.
"ZONING ADMINISTRATOR" shall mean the officer or employee of the Municipality charged with the
duty of enforcing provisions of this By-Law.
Township of Warwick Zoning By-law
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SECTION 3 - GENERAL PROVISIONS
3.1
USES PERMITTED IN ALL ZONES
The following Uses are Permitted in all Zones within the Corporation:
3.1.1
Services and Utilities
Despite any other provisions of this By-law to the contrary, the Corporation of the Township of Warwick,
the County of Lambton and any Ministry of the Government of Canada or Province of Ontario or their
agents may for the purpose of the public service, Use any land or any Building or Structure in any Zone in
spite of the fact that such Use of any Building or Structure does not conform with the provisions of this By-
law for such Zone. Any utility company and Ontario Hydro shall comply with the provisions of this By-law
only insofar as such Uses are for administrative or Office purposes.
3.1.2
Utility Service Buildings and Non-Recreational Public Uses
Utility service Buildings and non-Recreational Public Uses exclusive of Waste Disposal Sites, incinerators
and works yards are Permitted in all Zones. Where such Use is located in any Residential Zone:
a)
it shall comply with the provisions for such Zone;
b)
there shall be no Open Storage; and
c)
any Buildings or Structures erected or used shall be designed, maintained and used in a manner
compatible with Residential Buildings of the type Permitted in said Zone.
3.1.3
Public Recreational Uses
Parks and Community Centres operated by or for the Township of Warwick including Uses Accessory
thereto.
3.1.4
Construction Uses
Any sheds, scaffolds or other Structures incidental to Building construction on the premises for so long as
the same is necessary for work in progress. Such Buildings, Uses and Structures shall be removed within
6 months following the termination and or abandonment of the construction project.
3.1.5
Pipelines
Nothing in this By-law shall prevent the Use of any land for any gas, oil, brine or other liquid or gaseous
product transmission or distribution pipe line and appurtenances thereto which have been approved under
the authority of the National or Ontario Energy Boards.
Any pipe line, as constructed by any distributor, producer or storage company or for any pipe line as
constructed by any company under the Ontario Energy Board Act, as amended, shall be Permitted in any
Zone provided that, where possible, such pipe lines are constructed in or upon Existing Rights-Of-Way,
Easements or transmission corridors. Where possible, the pipe lines shall generally be located as
follows:
a) where the proposed pipe line runs northerly and southerly, it shall follow along Lot Lines;
b) where the proposed pipe line runs easterly and westerly, it shall follow along Road Right of Ways.
Where forest cover is removed it shall be replaced with twice the area of forest cover that is removed.
3.1.6
Petroleum Well and Petroleum Work
Nothing in this By-law shall prevent the Use of any land for any Petroleum Well or Petroleum Work
subject to the regulations of the Oil, Gas and Salt Resources Act, R.S.O. 1990, Chap. P.12, as amended.
Township of Warwick Zoning By-law
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3.1.7
Wind Turbines & Meteorological Masts
Accessory Wind Turbines shall be Permitted in all Zones, Meteorological Masts shall be Permitted in all
Zones except for Residential Zones.
3.2
USES PROHIBITED IN ALL ZONES
Unless specifically Permitted in this By-law, all Uses, including the following Uses, are specifically
prohibited and shall only be Permitted by amendment to this By-law under Section 34(10), or application
under Section 45, of the Planning Act, R.S.O. 1990, Chap. P.13, as amended.
a)
Offensive Industrial Uses including the boiling of blood, tripe or soap, tanning of hides and skins
and other similar Uses which may be declared by the local Board of Health or Council to be a
noxious or offensive trade, business or manufacture.
b)
The operation of year-round, privately-owned Travel Trailer camps or privately-owned camping
grounds, but not including the operation of Mobile Home Parks as defined in this By-law.
c)
Motor Vehicle Establishment, as defined in this By-law. (B/L 92/03)
d)
The outdoor keeping or storage of any derelict Motor Vehicle.
e)
A track for the racing or testing of automobiles, snowmobiles, motorcycles, or any motorized
vehicle.
f)
Adult Live Entertainment Parlour as defined by this By-law.
g)
Any manufacturing or processing Use involving the following substances; coal, oil, rock oil, fuel
oil, benzine, gasoline, dynamite, dualin, nitro-glycerine or gunpowder, petroleum or any other
combustible, inflammable, volatile or otherwise dangerous liquids, gases or materials.
h)
A Derelict Wind Turbine.
3.3
ACCESSORY BUILDINGS, STRUCTURES OR USES
3.3.1
Accessory Buildings, Structures or Uses Permitted
Where this By-law provides that land may be used for a Building or Structure or may be erected or used
for a purpose, that purpose shall include any Accessory Building, Structure or Use, but shall not include
any of the following Uses, except as specifically Permitted in this By-law;
a)
Any occupation for gain or profit conducted within or Accessory to a Dwelling Unit; nor
b)
Any Building used for human habitation, except in accordance with section 3.8.
Where this By-law provides that land may be used for a Dwelling, the Permitted Accessory Uses shall
include a Garage Sale provided that:
c)
No Person shall conduct more than two garage sales per calendar year at one location;
d)
No garage sale shall exceed two days duration.
3.3.2
Structures Permitted in all Yards
Despite any other Yard provisions of this By-law, drop awnings, flag poles, garden trellises, fences,
retaining walls, legal Signs, or similar Accessory Uses and Structures shall be Permitted in any Yard
provided they are placed outside of any sight triangle as defined in Section 3.18.2.
3.3.3
Accessory Buildings and Structures in Residential Zones
All Accessory Buildings and Structures shall comply with the Yard provisions of the Zone in which such
Accessory Building or Structure is located, except that in any Residential Zone, an Accessory Building or
Structures shall comply with the following provisions:
Township of Warwick Zoning By-law
26
a)
Except as otherwise provided for in any Residential Zone, an Accessory Building or Structure
which is not attached to the Main Building shall not be erected in any Yard other than the Interior
Side Yard or Rear Yard.
b)
An area of 1.2 metres which is open and unobstructed from the ground to the sky shall be
maintained between a Detached Accessory Building or Structure and the Main Building on the
same Lot.
c)
An attached Accessory Building or Structure may be erected in a Front Yard or Exterior Side Yard
provided it is not located in a Required Yard.
d)
When an Accessory Building or Structure is located in an Interior Side Yard, it shall be no closer
than 1 metre to the Interior Side Lot Line.
e)
When an Accessory Building or Structure is located in the Rear Yard, it shall be located no closer
than 1 metre to either the Rear Lot Line or the Interior Side Lot Line.
f)
No Accessory Building or Structure shall be located closer to the Exterior Side Lot Line than the
Exterior Side Yard Setback requirement for the Zone in which each Lot is located.
g)
Where a mutual Private Garage is erected on the common Lot Line between two Lots, no
Setback is required from the common Lot Line.
3.3.4
Lot Coverage and Height of Accessory Buildings and Structures in Residential Zones
The total Lot Coverage of all Accessory Buildings and Structures on a Lot in any Residential Zone shall
not exceed 10% of the Lot Area. This percentage shall be included as part of the Maximum Lot Coverage
calculation Permitted in the Residential Zone requirements. The height of any Accessory Building or
Structure shall not exceed 5.5 metres. The height of the Building or Structure shall be measured from the
finished floor to the highest point of the Building or Structure.
3.3.5
Shipping Containers in Agricultural Zones (B/L 47/2018)
a)
The permanent placement of Shipping Containers as accessory uses shall be permitted in the
Agricultural zones provided that:
-
No shipping containers as an accessory use building shall be permitted within 20 metres of a
residential lot;
-
No shipping container shall be permitted within the required yard setbacks for the zone in which
each lot is located;
-
The maximum number of shipping containers may be two (2) per lot;
-
Shipping containers shall not be stacked;
-
Shall not be permitted as the sole structure on any property;
-
Shipping Containers shall be used for storage purposes only and shall be accessory to the main
permitted use on the property;
-
Shall be included in all calculations for the purpose of maximum lot coverage;
-
Shall be in a condition free from rust, peeling paint and any other form of visible deterioration.
3.3.6
Shipping Containers in All Zones (B/L 47/2018)
a) Except as otherwise provided, shipping containers and the like shall not be permitted in any zone,
save and except Agricultural zones under the provisions as set out in section 3.3.5.
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27
b) A shipping container shall be permitted in all zones only for the purpose of facilitating the
relocation of a household to or from the lot on which the shipping container is placed, provided
the lot does not have a shipping container located thereon for more than 30 days in any period of
365 consecutive days.
3.4
NON-CONFORMING USES
This By-law acknowledges that Section 34(9)(a) and (b) of The Planning Act, R.S.O. 1990, Chap. P.13,
as amended, provides that "no By-law passed under this section applies:
a)
To prevent the Use of any land, Building or Structure for any purpose prohibited by the By-law if
such land, Building or Structure was lawfully used for such purpose on the day of the passing of
the By-law, so long as it continues to be used for that purpose; or
b)
To prevent the erection or Use for a purpose prohibited by the By-law of any Building or Structure
for which a permit has been issued under Section 5 of the Building Code Act, R.S.O. 1990, Chap.
B.13, as amended, prior to the day of the passing of the By-law, so long as the Building or
Structure when erected is used and continues to be used for the purpose for which it was erected
and provided the permit has not been revoked under Section 8 of the Building Code Act, R.S.O.
1990, Chap. B.13, as amended."
Furthermore, Sections 34(10) and 45(2) of the Planning Act, R.S.O. 1990, Chap. P.13, as amended,
contain provisions:
c)
To permit the extension or enlargement of any land, Building or Structure used for any purpose
prohibited by the By-law if such land, Building or Structure continues to be used in the same
manner and for the same purpose as it was used on the day such By-law was passed.
3.5
NON-CONFORMING USES - RESTORATION
a) Where in any Zone, any Building or Structure exists as a legal Non-Conforming land Use and the said
Dwelling is destroyed by fire or natural disaster, this By-law does not prevent the reconstruction of the
said Building or Structure to its prior dimensions at its exact prior location. Should the exact prior
location be impossible to build upon for legal, technical or insurance reasons, then the location may be
adjusted only to the extent necessary to overcome such reasons.
b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any Non-
Conforming Use, Building or Structure provided that such repair or restoration will not increase the
height, size or volume or change the Use of such Building or Structure or constitute a Replacement.
3.6
NON-COMPLYING USES
a)
Re-Building or Repair Permitted
Where in any Zone, a Non-Complying Use, Building or Structure is destroyed by fire or natural disaster,
such Non-Complying Use, Building or Structure shall be reconstructed in compliance with this By-law.
When it is not possible for legal, technical or insurance reasons to build in compliance with this By-law,
such reconstruction shall comply as close as possible with the By-law unless this is also not possible for
legal, technical or insurance reasons; in which case, such Non-Complying Use, Building or Structure may
be reconstructed to its prior dimensions at its exact prior location.
b)
Strengthening to a Safe Condition
Nothing in this By-law shall prevent the repair or restoration to a safe condition of any Non-Complying
Use, Building or Structure provided that such repair or restoration does not Further Contravene any of the
provisions of this By-law or constitute a Replacement.
c)
Additions And Accessory Uses Permitted
i)
Nothing in this By-law shall prevent an addition to a Non-Complying Use, Building or
Structure, provided that such addition does not Further Contravene any of the provisions
of this By-law.
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ii)
Nothing in this By-law shall prevent the erection or enlargement of Buildings, Structures
and Uses Accessory to a Non-Complying Use, Building or Structure, provided that such
erection or enlargement does not Further Contravene any of the provisions of this By-law.
3.7
DWELLING UNITS
3.7.1
Yard Provisions For Non-Residential Buildings
Where a Dwelling Unit is located in a non-residential Building, such Dwelling Unit shall comply with the
Yard provisions of this By-law which apply to the said non-residential Building.
3.7.2
Cellar Location
No Dwelling Unit shall be located in a Cellar.
3.7.3
Basement Location
A Dwelling Unit, in its entirety, may be located in a Basement, provided that:
a)
The finished floor level of such Basement is not below the level of any Sanitary Sewer or Storm
Sewer serving the Building in which such Basement is located, and;
b)
There is at least one story located above such Basement containing habitable space.
3.8
ADDITIONAL DWELLING UNITS (B/L 106 of 2023)
In those zones where Single Detached, Semi-detached, Street Townhouse, Townhouse or Triplex
dwellings are Permitted, the addition of Additional Dwelling Units is subject to the following provisions:
Number and location of Additional Dwelling Units
a)
The maximum number of Additional Dwelling Units on any parcel shall not exceed two (2) in total
and can be in any of the following combinations:
(i)
Two (2) Additional Dwelling Units are Permitted within the primary dwelling, or
(ii)
One (1) Additional Dwelling Unit is Permitted within the primary dwelling, and One (1)
Additional Dwelling Unit is Permitted in an Accessory Building that is secondary to the
primary dwelling which can be:
A)
Attached to or above the Accessory Building; or
B)
In a stand-alone Accessory Building not containing a Private Garage.
Parking for Additional Dwelling Units
b)
One parking space is required for each Additional Dwelling Unit.
c)
All parking spaces are to be located in a front yard, interior side yard, rear yard or in a Private
Garage. The parking provided may be tandem parking.
Additional Dwelling Units in an Accessory Building
d)
Where an Additional Dwelling Unit is developed in accordance with Section 3.8 (a), the following
requirements will apply:
i)
The building containing the Additional Dwelling Unit shall be located in a Rear
Yard.
ii)
The Lot Coverage and Height of Accessory Buildings in section 3.3.4 of this By-
law will apply to the building containing an Additional Dwelling Unit but in not
case shall the Additional Dwelling Unit exceed 90 square metres in size.
Township of Warwick Zoning By-law
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iii)
Notwithstanding the setback requirements contained in subsection 3.3.3 (d) and
(e), the building containing the Additional Dwelling Unit shall be at least 1.5
metres from an Interior Side or Rear Lot Line.
iv)
Notwithstanding subsection (iii) above, if the Additional Dwelling Unit is to be on
the storey above a Private Garage, the Additional Dwelling Unit must be at least
3.0 metres from an Interior Side or Rear Lot Line.
v)
The Additional Dwelling Unit must comply with setback requirements contained in
subsection 3.3.3 (f) of this By-law.
vi)
A hard surfaced pathway at least 1 metre wide shall be provided from the
entrance of the Additional Dwelling Unit to the required parking stall, to the
satisfaction of the Township.
vii)
A sign not exceeding 0.2 square metres in size and 0.5 metres in height shall be
provided to direct guests to the Additional Dwelling Unit, which must display the
civic address and directions to entrance of the Additional Dwelling Unit. This sign
is to the satisfaction of the Township.
General rules that apply to all Additional Dwelling Units
The following rules apply to all Additional Dwelling Units:
e)
No Additional Dwelling Unit may be established in a Cellar.
f)
Where an Additional Dwelling Unit is established on a parcel where there are municipal services,
the Additional Dwelling Unit shall be connected to municipal services.
g)
In areas served with private on-site sewage systems and water, the proposed Additional Dwelling
Unit must be approved under Part 8 of the Ontario Building Code before the Additional Dwelling
Unit is established.
h)
Where an Additional Dwelling Unit is established in a primary dwelling, there shall be no
significant alteration to the exterior of the primary dwelling, except for required fire escapes, and
extra windows and entrances in accordance with the Fire Code and Building Code.
i)
All provisions of the Fire Code and Building Code are to be complied with for the establishment of
any Additional Dwelling Unit.
j)
The Additional Dwelling Unit must be inspected by the Corporation's Building Inspector before the
Additional Dwelling unit is occupied.
k)
An Additional Dwelling Unit shall not be used as a Short-Term Vacation Rental.
l)
Where an Additional Dwelling Unit is to be developed on a parcel served with private on-site
sewage systems and water, the Additional Dwelling Unit must be in the farm building cluster.
m)
An Additional Dwelling Unit shall not be developed on any parcel, or portion thereof, that has an
Environmental Protection Zone: (EP-WET, EP-WD, EP-H).
n)
Any Additional Dwelling Unit located in a primary dwelling must have signage showing
appropriate civic addressing, to the satisfaction of the Township.
o)
An Additional Dwelling Unit shall not be severed onto a separate parcel.
Township of Warwick Zoning By-law
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3.9
LOT DEVELOPMENT REQUIREMENTS
3.9.1
Frontage on a Street
No Lot shall be used and no Building on a Lot erected or used unless the Lot fronts on a Street which is
opened and maintained on a year round basis. Despite the foregoing, a Building or Structure may be
erected upon a Lot within a registered plan of subdivision in accordance with the provisions of a
Subdivision Agreement in respect of such plan of subdivision even though the Streets within such plan of
subdivision have not been assumed and are not being maintained by the Corporation.
3.9.2
More Than One Use on a Lot
When a Lot contains more than one Use, each such Use shall conform to the provisions of this By-law for
such Use in the Zone where it is located.
3.9.3
More Than One Zone on a Lot
When a Lot is divided into more than one Zone, each such portion of the Lot shall be used in accordance
with the provisions of this By-law for the applicable Zones. Where a portion of a Lot is Zoned
Environmental Protection, such portion may be included in determining the minimum Lot area
requirements and the Environmental Protection Zone line shall not be considered a Lot Line for Setback
purposes on the adjoining Zoned area provided that no Building or Structure is located on that part of the
Lot Zoned Environmental Protection.
3.9.4
Number of Main Buildings on a Residential Lot
Unless otherwise stated, in a Residential 1 (R1), Residential 2 (R2) or Residential 4 (R4) Zone, no Lot
that is used for residential purposes, shall be occupied by more than one (1) Main Building.
3.9.5
Existing Lots
In any Zone, where one or more Existing Lots are held in separate ownership and have insufficient Lot
Area and/or Frontage, this By-law shall not prevent the Use of such Lot and the construction of any
Building or Structure Permitted by this Bylaw, provided that all other provisions of this By-law are
complied with and provided that the Lot can be serviced with a potable water supply and sanitary
sewerage facilities or septic system.
Notwithstanding the above clause, the erection of new Dwellings containing more than one Dwelling unit
shall comply with the Lot area and/or frontage provisions per Dwelling unit.
3.10
HOME OCCUPATIONS
3.10.1 All Home Occupations
No Home Occupation shall be Permitted in any Zone unless such Use complies with the following
provisions:
a)
No Person other than a member of the family and not more than two Persons not residing on the
premises shall be employed at the premises.
b)
No more than 1 physician, dentist or drugless practitioner shall practice in a Clinic where such
Clinic constitutes a Home Occupation. Such physician, dentist or drugless practitioner shall
reside in the Dwelling Unit, where such Clinic is located.
c)
A Sign shall be Permitted in accordance with Section 3.20 of this By-law.
d)
Not more than 25% of the Gross Floor Area of the Dwelling shall be exclusively devoted to the
Home Occupation.
e)
The Home Occupation shall be clearly secondary to the main residential Use, be operated and
contained entirely within the Dwelling and shall not change the residential character of the
Dwelling or the Lot.
f)
There shall be no Open Storage or display of materials, containers or finished products.
Township of Warwick Zoning By-law
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g)
The Home Occupation shall not create or become a public nuisance in regard to noise, traffic,
parking or interference with radio or television reception, vibration, smoke, dust, heat, odorous
material, humidity, glare, refuse or other objectionable omission.
h)
In areas served with private on-site sewage systems, the Home Occupation must be approved
under Part 8 of the Ontario Building Code before the Home Occupation is established.
i)
Except as provided for in Section 3.10.1(j) of this By-law, the Home Occupation shall not require
the creation of additional on-site Parking Spaces unless the said Home Occupation occupies
more than 56 square metres. If such is the case, one Parking Space shall be provided for every
28 square metres exclusively devoted to the Home Occupation.
j)
A Bed And Breakfast Establishment shall require 1 Parking Space per Guest Room. A Clinic
shall require 5 Parking Spaces or 1 Parking Space for every 28 square metres exclusively
devoted to the Clinic whichever is the greater.
3.10.2 Agricultural Home Industry
An Agricultural Home Industry shall be Permitted in any Agricultural Zone and such Use must comply with
the following provisions:
a)
The Agricultural Home Industry shall be carried on entirely within a Building or Structure
Accessory to an Agricultural Use.
b)
An Agricultural Home Industry shall not exceed 90 square metres and no more than 25% of the
Gross Floor Area of the Dwelling shall be exclusively devoted to the Home Industry.
c)
The total amount of Open Storage shall not exceed 90 square metres
d)
In all other respects, Section 3.10 of this By-law shall apply.
3.11
GROUP HOMES
Where Permitted, Group Homes, as defined in this By-law, shall be separated by a minimum distance of
250 metres.
3.12
HUMAN OCCUPANCY OF TRUCK, BUS AND COACH BODIES OR TRAVEL TRAILERS,
TRUCK CAMPERS, MOTOR HOMES OR TENTS
No truck, bus, coach or streetcar body shall be used for human occupancy within the Municipality whether
or not the same is mounted on wheels;
No Travel Trailer, truck camper, or Motor Home shall be used for the living, sleeping or eating
accommodation of Persons within any Residential Zone for a period of more than thirty (30) days in any
period of ten (10) consecutive months.
3.13
PERMITTED ENCROACHMENTS
3.13.1 Yard Encroachments Permitted
Unless otherwise specified by this By-law, every part of any Yard required by this By-law shall be open
and unobstructed by any Building or Structure from the ground to the sky, provided however, those
Structures listed below shall be Permitted to encroach into the Required Yards indicated for the distances
specified:
STRUCTURE
YARD IN WHICH
ENCROACHMENT
IS PERMITTED
MAXIMUM
ENCROACHMENT
PERMITTED INTO
REQUIRED YARDS
UNDER ZONE
REGULATIONS
Township of Warwick Zoning By-law
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a) Sills, belt courses,
cornices, eaves, gutters,
chimneys or similar
architectural Structure
Any Yard
0.5 metre
b) Outdoor heating and air
conditioning Unit
Any Yard
1.0 metre
c) Porches (unenclosed)
excluding eaves
Any Yard
2.0 metres
d) Decks (unenclosed)
Any Yard
2.0 metres
e) Balconies and Steps
(unenclosed)
Any Yard
2.0 metres
f) Bay Windows, and
Awnings
Front Yard
and
Rear Yard
1.0 metre
g) Cantilever
Front Yard
And
Rear Yard
1.0 metre
Provided however that c), d), e), f) and g) shall not be any closer than 1.2 metres to an interior Lot Line.
Encroachments into exterior side yards shall comply with the requirements for exterior side yards in the
applicable Zone.
In any Agriculture Zone, where a Dwelling Unit is Non-Complying regarding the required front yard
Setback, a Deck (unenclosed) may be added to the Dwelling if such Deck is no closer to the front Lot Line
than the front of the Building.
3.13.2 Building in Built-Up Areas
Where a Building is to be erected within a Built-Up area where there is an Established Building Line, such
Building may be erected closer to the Street Line than required by this By-law provided that such Building
is not erected closer to the Street Line than the Established Building Line.
3.13.3 Yard Depth Non-Compliance
Where in any Zone, a Building or Structure lawfully existed on the date of passing of this By-law and is
used for a Permitted Use and the Existing Building or Structure does not comply with the minimum
required Yards for the Zone in which it is situated, the Existing Yards shall be deemed to be the minimum
required Yards for that Building or Structure. Any expansion to the Existing Building or Structure shall
comply with all provisions of this By-law.
3.14
PRIVATE SWIMMING POOLS
A Private Swimming Pool shall not be considered as part of the Lot Coverage. Fences surrounding
Private Swimming Pools shall comply with the By-laws of the Corporation regulating such fences. Private
Swimming Pools shall be subject to the same Setbacks as required by Section 3.3.3.
Township of Warwick Zoning By-law
33
3.15
DECK (UNENCLOSED)
A Deck (Unenclosed) shall not be considered as part of the Lot Coverage and shall be subject to the
same Setbacks as Accessory Buildings or Structures in the Zone they are Permitted.
3.16
HEIGHT RESTRICTIONS
The height provisions of this By-law shall not apply to the following:
a) an air conditioner duct; b) a belfry; c) a chimney; d) a church spire; e) a clock tower; f) an elevator
penthouse; g) a farm Building; h) a flag pole; i) a grain elevator; j) a radio antenna; k) a television
antenna; l) a farm silo; m) a water tower; and n) a Wind Turbine.
3.17
OPEN STORAGE REGULATIONS
a)
Minimum Setbacks
Unless otherwise specified hereinafter, the minimum Setback from any Front, Side or Rear Lot Line of
any Permitted Open Storage in any Zone shall be no less than the respective minimum Front, Interior or
Exterior Side or Rear Yard of the Zone in which the Open Storage is located, except in the case of a
Permitted Agricultural Use, a Motor Vehicle Parking Lot, the outside display for sale or lease of goods
products and materials in conjunction with a Permitted Commercial or Industrial Use, Extractive Use,
Transport Truck Terminal, Salvage Yard, or a Storage Depot.
b)
Parking
Any areas used for Permitted Open Storage shall be in addition to and separate from such areas as may
be required by this By-law for the provision of off-street Parking Spaces.
c)
Lighting
Where lighting facilities are provided in conjunction with any Permitted Open Storage, such lighting shall
be so arranged as to deflect light onto the Open Storage area and away from any adjoining properties.
d)
Screening
Any portion of a Lot used for Open Storage in an Industrial (M) Zone shall be enclosed by a fence. If
such Industrial Use abuts any Residential, Institutional or Open Space Zones, such fence shall be
constructed of solid materials and measure at least 1.8 metres in height.
e)
Surface Treatment
Any Open Storage area shall be maintained with a stable surface, treated so as to prevent the raising of
dust or loose particles and drained in accordance with the requirements of the Municipality.
3.18
SPECIAL SETBACK PROVISIONS
3.18.1 Setbacks from Ditches and Drains
No Buildings or Structures shall be erected after the date of passing of this By-law closer than 15 metres
from the Top of Bank of any open drainage ditch or natural watercourse. No Building or Structure shall be
erected:
a)
Closer than 9 metres, measured perpendicularly, from the centre line of a Closed Municipal Drain
or,
b)
Closer than 5 metres measured perpendicularly, from the centre line of a Storm Sewer, sanitary
sewer or water main; or,
c)
Closer than the actual depth of a Storm Sewer, sanitary sewer or water main, where such facility
is located more than 5 metres below grade.
3.18.2 Sight Triangles
Within any area defined as a Sight Triangle, the following shall be prohibited:
Township of Warwick Zoning By-law
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a)
Any vegetation, shrubs or foliage planted or maintained higher than 50 centimetres above
Finished Grade. This requirement shall not apply to Agricultural Uses.
b)
A Finished Grade exceeding the elevation of the centre line of the Street intersection by more
than 60 centimetres;
c)
Buildings, Structures, Signs or fences, the top of which exceeds the elevation of the centre line of
the adjoining Streets by more than 1 metre in height;
d)
In all Zones, other than the (C1) Zone and the Agricultural (A) Zones, a Sight Triangle of 9 metres
shall be required from the point of intersection of the Street Lines.
e)
In the Agricultural (A) Zone, a Sight Triangle of 75 metres shall be required from the point of
intersection of the Street Lines, notwithstanding minimum yard requirements.
3.18.3 Setbacks from Wind Turbines & Meteorological Masts
With the exception of the setback described in Sections 3.31.1 g) iii), the Erection of a Livestock Facility
and the Erection of a Dwelling on a Lot in a Residential Zone, if there is any Setback, under Section 3.31,
that a Wind Turbine or Meteorological Mast is required to meet from a Structure, Use or Zone, the
establishment or expansion of any such Structure, Use or Zone shall meet the same Setback from a
Meteorological Mast or a Wind Turbine, if the Wind Turbine has a rotor diameter greater than 6m.
3.19
PLANTING STRIPS
A Planting Strip shall be located within the Zone and on the Lot for which it is required. It shall be planted,
nurtured and maintained by the owner of the Lot on which the Planting Strip is located. The responsibility
of maintenance of trees and plants rests with the owner.
3.19.1 Required Location
Where a Lot is for a non-residential purpose and:
a)
The Interior Side Lot Line or Rear Lot Line abuts any residential Use or undeveloped land in a
Residential Zone; or
b)
Where such Lot is in an Industrial Zone and the Front, Side or Rear Lot Line abuts a Street Line
and the opposite Street Line abuts any residential Use or undeveloped land in any Residential
Zone then the land adjoining such abutting Lot Line or Street Line shall be used for no purpose
other than a Planting Strip in accordance with the provisions of this subsection.
3.19.2 Width
Where, in any Zone, land is required to be used for no purpose other than a Planting Strip, it shall have a
minimum width of 3 metres measured perpendicularly to the Lot Line adjoining such Planting Strip.
3.19.3 Height
The minimum height of a Planting Strip shall be 1.0 metre at the time of planting.
3.19.4 Interruption for Driveway or Walk
Where a driveway or walk extends through a Planting Strip it shall be permissible to interrupt the Planting
Strip within 3 metres of the edge of such driveway or within 1.5 metres of such walk.
3.19.5 Landscaped Open Space
A Planting Strip may form part of any Landscaped Open Space required by this By-law.
Township of Warwick Zoning By-law
35
3.20
SIGNS
a)
Nothing in this By-law shall apply to prevent the erection, alteration or Use of any Sign, provided
such Sign complies with the By-laws of the Corporation regulating Signs and provided such Sign
complies with the provisions of this By-law.
b)
Signs that are lawfully erected and maintained, directly related to, and pertinent to the function of
any of the Permitted Uses of this By-law are Permitted provided that in any Residential Zone the
following shall be Permitted:
i)
One non-illuminated real estate Sign having a maximum area of 0.5 square metres
advertising the sale, rental or lease of the Building, Structure or Lot upon which the Sign
is displayed.
ii)
One non-illuminated Sign having a maximum area of 0.3 square metres displaying the
name and address of a Person engaged in a Permitted Home Occupation, residing on
the Lot on which the Sign is displayed.
iii)
One non-illuminated Sign having a maximum area of 5 square metres advertising the
name and particulars of a subdivision or similar development project provided such Sign
shall be removed upon completion of the project.
c)
For any Permitted Home Occupation or Agricultural Home Industry located in an Agricultural (A)
Zone, one non-illuminated Sign having a maximum area of 2 square metres displaying the name
and address of a Person engaged in a Permitted Home Occupation or Agricultural Home
Industry, residing on the Lot on which the Sign is displayed, shall be Permitted.
3.21
ENVIRONMENTAL PROTECTION ZONES
No, Building or Structure shall be used or erected in any Environmental Protection Zone, except for
activities that create or maintain infrastructure authorized under an environmental assessment process, or
works subject to the Drainage Act.
3.21.1 Environmental Protection Wetland Zone
Development may be Permitted on lands within 120 metres of the Environmental Protection Wetland (EP-
WET) Zone, subject to the execution of a site plan agreement, or other agreement, specifying
development conditions and boundaries, based on an environmental impact evaluation, prepared by a
qualified professional in accordance with the provisions of the Official Plan and to the satisfaction of the
municipality. The environmental impact evaluation must demonstrate that there will be no negative
impact on the natural features or on the ecological functions for which the area is identified.
3.21.2 Environmentally Hazardous Lands
Notwithstanding any other provisions of this By-law, no permanent Buildings or Structures shall be
erected or used on lands which exhibit, or potentially exhibit, a hazardous condition as a result of their
susceptibility to flooding, erosion, subsidence, inundation, or the presence of organic soils or steep
slopes, or on land where, by reasons of its low lying, marshy or unstable character, the cost of
construction of satisfactory waterworks, sewage, or drainage facilities is prohibitive.
3.22
COMMERCIAL AND INDUSTRIAL ZONES ABUTTING OR ADJACENT TO RESIDENTIAL,
INSTITUTIONAL, AND OPEN SPACE ZONES
Where any Commercial Zone or Industrial Zone fronts on a Street or road opposite to, or directly abuts
any Residential Zone, Institutional, or Open Space Zone, the following provisions shall be complied with:
a)
No Loading Space shall be located in, nor open onto any Yard adjacent to a neighbouring Zone
as listed above;
b)
Exterior lighting and illuminated Signs shall be so arranged as to deflect light away from the
adjacent Zone;
Township of Warwick Zoning By-law
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c)
Outside/Open Storage shall be prohibited in any Front Yard or Side Yard adjacent to the
neighbouring Zone. Where Permitted, the provisions of Section 3.17 shall apply.
d)
a Planting Strip shall be provided in accordance with the provisions of Section 3.19.
3.23
ACCESS
All Uses, Buildings or Structures shall have frontage on and access to a Street.
3.24
SETBACK FROM STREET FOR THROUGH LOTS AND CORNER LOTS
Notwithstanding any other provisions of this By-law where a Lot is a Through Lot or has frontage on more
than one Street, the Setback and Front Yard requirements contained herein shall apply on each Street in
accordance with the provisions of the Zone or Zones in which the Lot is located.
3.25
Deleted as per By-law 106 of 2023
3.26
RAILWAYS
Residential Use Setbacks
New residential development adjacent to existing rail lines shall have a minimum Setback of 30 metres
from the boundary of the railway right of way. Lawfully existing Buildings and Structures shall comply with
Section 3.13.3, Yard Depth Non-Compliance.
Railway Crossings
Where a Street crosses a railway at the same grade, no Building or Structure shall be erected closer to
the point of intersection of the centre lines of both the railway and Street Right-Of-Ways than:
i)
75 metres in all Agricultural (A) Zones and Industrial (M) Zones, and;
ii)
30 metres in all other Zones.
Township of Warwick Zoning By-law
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3.27
PARKING AREA REGULATIONS
3.27.1 Requirements
The owner or occupant of every Building or Structure erected or used for any of the purposes hereinafter
set forth except for Existing Buildings, Structures or Uses in the Central Commercial (C1) Zone, shall
provide and maintain for the sole Use of the owner, occupant, or other Persons entering upon or making
Use of the said premises from time to time, one or more Parking Spaces each such Parking Space having
a minimum width of 2.7 metres, and minimum length of 5.5 metres, in accordance with the following:
TYPE OF USE
MINIMUM PARKING SPACE REQUIRED
RESIDENTIAL USES
Boarding house
1 Parking Space per Dwelling Unit, plus 1
Parking Space per guest room
Group Home
1 Parking Space per staff member
Multiple Dwelling
1.5 Parking Spaces per Dwelling Unit
Homes for the Aged, Rest Home
1 Parking Space per Dwelling, plus 1 Parking
Space per 2 Guest Rooms
Mobile Home located in a
1 Parking Space per Mobile Home
Mobile Home Park
Townhouse
1.5 Parking Spaces per Dwelling Unit
Other Residential Uses
1 Parking Space per Dwelling Unit
Permitted by this By-law
NON-RESIDENTIAL USES
Animal Hospital,
1 Parking Space for each 28 square metres of
Gross Floor Area
Assembly Hall, Auditorium
1 Parking Space for every 8 fixed seats plus 1
Parking Space for each 18.5 square metres of
Gross Floor Area (excluding area occupied by
fixed seating)
Auction Hall
1 Parking Space for every 5 square metres
Gross Floor Area accessible to the public
Auto Repair
3 Parking Spaces per staff member
Establishment
Auto Sales Establishment
1 Parking Space per 30 square metres Gross
Floor Area plus 1 Parking Space per 10 Motor
Vehicles on display
Auto Service
5 Parking Spaces per working bay
Establishment
Township of Warwick Zoning By-law
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Auto Washing Establishment
i)
Self-service Operation
4 Parking Spaces per wash stall
ii)
Conveyor Operation
8 Parking Spaces per wash stall
Bank
1 Parking Space per 37 square metres of Gross
Floor Area
Bed and Breakfast
1 Parking Space per guest room
Bingo Hall
The greater of:
a)1 Parking Space per 14 square metres of
Gross Floor Area;
b)1 Parking Space for 4 Person Occupant Load
of the hall
Church
1 Parking Space per 10 square metres of Gross
Floor Area
Clinic
The greater of:
a) 5 Parking Spaces per practitioner; or
b) 1 Parking Space per 18.5 square metres of
Gross Floor Area
Convenience Store
1 Parking Space per 20 square metres of Gross
Floor Area
Day Nursery
1 Parking Space per staff member
Domiciliary Care Facility
1 Parking Space per dwelling unit. plus 1
parking space per 3 guest rooms (B/L 8 of
2018)
Flea Market
1 Parking Space for every 5 square metres of
Gross Floor Area
Funeral Home
The greater of:
a)1 Parking Space for every 5 fixed seats and 1
Parking Space for every 5 square metres Floor
Area where non-fixed seating can be made
available for chapel purposes; or
b)1 Parking Space for every 5 square metres of
Floor Area devoted to reposing rooms
Hospital, Nursing Home
0.75 Parking Spaces per bed
Hotel
1 Parking Space per bed plus 1 Parking Space
per 20 square metres of communal eating or
entertainment area
Industrial Use
Sufficient
off-street
parking
required
to
accommodate all workers
Library
1 Parking Space for each 37 square metres of
Gross Floor Area
Township of Warwick Zoning By-law
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Long Term Care Facility
1 Parking Space per dwelling unit, plus 1
parking space per 3 guest rooms (B/L 8 of
2018)
Miniature Golf Course
12 Parking Spaces minimum
Motel
1.25 Parking Space per Unit plus 1 Parking
Space per 20 square metres of communal
eating or entertainment area
Office
1 Parking Space per 37 square metres of
ground Floor Area, plus one Parking Space for
each 70 square metres of the remaining Gross
Floor Area
Private Club
1 Parking Space for every 8 fixed seats and/or 1
Parking Space for each 18.5 square metre of
Gross Floor Area (excluding areas occupied by
fixed seating)
Recreation, Commercial
The greater of:
a) 1 Parking Space per 14 square metres of
Gross Floor Area
b) 1 Parking Space per 4 Persons Occupant
Load of the establishment
Residential Care Facility
1 Parking space per dwelling unit, plus 1 parking
space per 3 guest rooms (B/L 8 of 2018)
Restaurant
The greater of:
a) 1 Parking Space per 4 seats provided on the
premises, including outdoor seating areas; or
b) 1 Parking Space per 3 Persons design
capacity on the premises, including outdoor
seating areas
Restaurant, Drive-in
10 Parking Spaces per Lot
Retail Store, Merchandise
1 Parking Space per 37 square metre of ground
floor area.
Service Shop, Personal Service Shop
1 Parking Space per 37 square metres of
ground floor area
Retail Warehouse
1 Parking Space per 90 square metres of Gross
Floor area for the first 900 square metres plus 1
Parking Space for each 180 square metres of
remaining Gross Floor Area
School
1.5 Parking Spaces per classroom, or teaching
area plus adequate off street loading Zones for
buses
Shopping Centre
1 Parking Space per 28 square metres of Gross
Floor Area
Township of Warwick Zoning By-law
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Tavern
1 Parking Space for each 5 square metres of
Gross Floor Area accessible to the public and
devoted exclusively to such Uses
Warehouse
5 Parking Spaces minimum for the first 1,858
square metres of Gross Floor Area and 1
Parking Space for each additional 300 square
metres of Gross Floor Area
Other Non-Residential Uses
Permitted by this By-law
1 Parking Space per 37 square metres of Gross
Floor Area
a)
Parking Spaces shall be provided at the time of construction or in association with a change of
Use, according to the provisions of this By-law.
b)
If calculation of the required Parking Spaces results in a fraction, the required Parking Spaces
shall be the next higher whole number.
3.27.2 Addition to Existing Use
When an Existing Building or Structure has insufficient Parking Spaces at the date of passing of this By-
law to comply with the requirements herein, this By-law shall not be construed to require that the
deficiency be made up prior to the construction of any addition. In the case of the expansion or
enlargement of an Existing Building or Structure, the requirement for provision of additional Parking
Spaces shall be based on said expansion or enlargement.
3.27.3 Change of Use
Where a change of Permitted Uses takes place in a Commercial Zone within an Existing Building or
Structure no additional parking facilities shall be required provided that:
a)
No Existing Parking Spaces are lost due to the change;
b)
The proposed Use does not constitute an increase in intensity with regard to parking
requirements;
c)
The previous Use was not residential;
d)
The Gross Floor Area is not increased; and
e)
No additional Residential units are created.
In the case of an increase in Gross Floor Area, the provisions of Section 3.27.2 shall apply.
3.27.4 More Than One Use On A Lot
When a Building, Structure or Lot accommodates more than one type of Use the Parking Space
requirement for such Building, Structure or Lot shall be the sum of the requirements for the separate Uses
thereof.
3.27.5 Location
The required Parking Area shall not form a part of any Street or Lane. The required Parking Area shall be
provided on the Lot occupied by the Building, Structure or Use for which said Parking Area is required,
except in the case of a non-residential use, the required parking area may be provided on another Lot if
such Parking Area is not more than 150 metres from the Building, Structure or Use requiring the Parking
Area and the parking spaces are available for the exclusive Use of the Building, Structure or Use,
provided an agreement is registered on title of the lands used for parking committing said parking spaces
to the related non-residential site.
Township of Warwick Zoning By-law
41
3.27.6 Yards Where Parking is Permitted
Despite any Yard provisions of this By-law to the contrary, uncovered surface Parking Areas shall be
Permitted in all Yards provided that no part of any Parking Area, other than a driveway, is located closer
than 2m from a Front Lot Line or Exterior Side Lot Line or within a required Planting Strip and no portion
of a Parking Area is located in a required Sight Triangle.
3.27.7 Access To Parking
a)
Location
The minimum distance between a driveway and the intersection of Street Lines measured along
the Street Line intersected by such driveway shall be 9 metres.
b)
Width
Access to the required Parking Spaces and Parking Areas shall be provided by means of
unobstructed driveways or passageways at least 3 metres but not more than 9 metres in width.
In the case of a driveway with combined ingress and egress, the minimum width of a driveway
shall be 6 metres for Parking Areas with 3 to 10 Parking Spaces and 7 metres for Parking Areas
with more than 10 Parking Spaces. In all cases, the maximum driveway width shall be 9 metres.
All driveway widths shall be measured along the Street Line.
A driveway leading to any loading area or Parking Area shall be defined by a curb of concrete or
rolled asphalt and be maintained with a cement or asphaltic binder or any other permanent
surfacing. This paragraph shall not apply to residential Dwellings with less than 3 Units.
c)
Aisles
The Aisles between Parking Spaces within a Parking Area shall have a minimum width of 6
metres.
d)
Angle of Intersection
The minimum angle of intersection between a driveway and a Street Line shall be 60 degrees.
e)
Number of Driveways
Every Lot shall be limited to the following number of driveways:
i)
Two driveways, with a combined width not exceeding 30% of the Lot frontage, for the first
30 metres of Lot frontage or portion thereof; and
ii)
One additional driveway for each additional 30 metres of Lot frontage.
3.27.8 Surface
a)
For any commercial, industrial or institutional Use, gravel surfacing shall be required as a
minimum for surfacing any Parking Area. Parking Areas shall be surfaced and bounded.
b)
For any residential Structure containing up to three (3) Dwelling Units, gravel shall be required as
a minimum for surfacing any Parking Area.
c)
For any residential Structure containing more than three (3) Dwelling Units, the Parking Area shall
be surfaced with a hard, dust free surface and curb stops as a minimum.
3.27.9 Automobile Movement Lanes For Motor Vehicle Washing Establishment
a)
Automatic motor vehicle washing establishments shall have on their premises sufficient space for
the storage and movement of at least 5 automobiles in advance of the 3 automobiles at the
terminus of each wash line.
b)
Self-service motor vehicle washing establishments shall have on their premises sufficient space
for the storage and movement of at least 3 automobiles in advance of and 1 automobile at the
terminus of each wash stall.
Township of Warwick Zoning By-law
42
3.27.10 Restrictions In Residential Zones
a)
No Commercial Motor Vehicle that carries dangerous goods as defined in this By-law shall be
parked or stored in any Residential Zone.
b)
No Commercial Motor Vehicle with a capacity for carrying a load weighing one (1) tonne (2,200
lbs. approx.) or more shall be parked or stored in any Residential Zone.
c)
The parking or storage of a boat, snowmobile, all-terrain vehicle, Travel Trailer or Motor Home is
Permitted in any Residential Zone provided that none of the above are parked or stored in a sight
triangle, a required Parking Space, a Front Yard or Exterior Side Yard. Where a boat,
snowmobile, all-terrain vehicle, Travel Trailer or Motor Home is parked or stored in an Interior
Side Yard or Rear Yard, it shall comply with the Setbacks imposed on Accessory Buildings and
Structures as stated in Section 3.3.3 of this By-law.
3.27.11 Barrier Free Parking Spaces
Requirements
The owner or occupant of every Building or Structure erected or used for any of the purposes hereinafter
set forth except for Existing Buildings, Structures or Uses in the Central Commercial (C1) Zone, shall
provide and maintain barrier free parking spaces as being reserved for use by persons with disabilities.
each such Parking Space having a minimum width of 3.9 metres, and minimum length of 5.5 metres, in
accordance with the following:
Number of Parking spaces provided
Minimum barrier-free car spaces required
1-10
1
11-20
2
21-50
3
51-75
4
76-100
5
101-200
6
Over 200
7 + 1 additional space for each additional 100
spaces
3.28
LOADING SPACE REGULATIONS
3.28.1 Spaces Required
The owner or occupant of any Lot, Building or Structure erected or used for any purpose, involving the
receiving, shipping, loading or unloading of Persons, animals, goods, wares, merchandise or raw
materials, shall provide and maintain at the premises, facilities for loading. Loading Spaces shall
measure at least 9 metres long, 3.5 metres wide and have a vertical clearance of at least 4.5 metres.
Loading Spaces shall be required in accordance with the following:
GROSS FLOOR AREA OF
MINIMUM NUMBER OF BUILDING OR
STRUCTURE
LOADING SPACES REQUIRED
i)
more than 280 square metres to 2,800 square metres
1
ii)
more than 2,800 square metres to 5,600 square metres
2
Each additional 5,600 square metres of Gross Floor Area will require the addition of one additional
Loading Space.
3.28.2 Addition To Existing Uses
When an Existing Building or Structure has insufficient Loading Space at the date of passing of this By-
law to comply with the requirements herein, this By-law shall not be construed to require that the
deficiency be made up prior to the construction of any addition. In the case of the expansion or
Township of Warwick Zoning By-law
43
enlargement of an Existing Building or Structure, the requirement for the provision of Loading Spaces
shall be based on said addition.
No additional Loading Spaces shall be required where an addition does not exceed 10% of the gross
Floor Area of the Building or Structure as it existed on the date of the passing of this By-law.
3.28.3 Loading Spaces Maintenance
Adequate drainage facilities are to be provided in accordance with the requirements of the Municipality.
Loading spaces and approaches are to be maintained with a stable surface that is treated to prevent the
raising of dust or loose particles.
3.28.4 Location
The required Loading Space shall be provided on the Lot occupied by the Building or Structure for which
the said Loading Spaces are required and shall not form a part of any Street or Lane. Loading spaces
are to be located in the rear yard where a Lot has access at both the front and rear to a street or road.
3.28.5 Access
Access to Loading Spaces shall be by means of a driveway at least 6 metres wide contained within the
Lot on which the spaces are located.
3.29
LOTS REDUCED BY PUBLIC ACQUISITION
Where the area of a Lot is reduced by means of an acquisition of part of the Lot by any authority having
power of expropriation, and where such acquisition causes the Lot as reduced, or any Building or
Structure Existing lawfully on the Lot on the date of such acquisition, to not comply with one or more
provisions of this By-law, then nothing in this By-law shall apply to prevent the continued Use of the Lot as
reduced as if no such acquisition had taken place, provided that:
a)
No further change is made in the dimensions, area or any other characteristic of the Lot as
reduced, subsequent to the date of such acquisition, that would increase the extent of the said
non-compliance; and
b)
No Building or Structure or addition thereto is erected on the Lot as reduced, subsequent to the
date of such acquisition, except in accordance with the provisions of this By-law.
3.30
SPECIAL PROVISION FOR THE KEEPING OF LIVESTOCK
No person shall keep livestock on any Lot unless the Lot contains a minimum of 0.4 hectares of Pasture
Area.
Township of Warwick Zoning By-law
44
SECTION 4 - ZONES, ZONE SYMBOLS & ZONE MAPS
4.1
ESTABLISHMENT OF ZONES
For the purpose of this By-law the Township of Warwick is divided into the following defined areas herein
referred to as Zones:
SECTION
ZONE NAME
SYMBOL
5
Agricultural 1
A1
6
Agricultural 2
A2
7
Residential 1
R1
8
Residential 2
R2
9
Residential 3
R3
10
Residential 4
R4
11
Central Commercial
C1
12
Highway Commercial
C2
13
Rural Commercial
C3
14
Service Centre Commercial
C4
15
Mixed Commercial Industrial
CM
16
Industrial
M1
17
Light Industrial
M2
18
Industrial Waste Disposal
M3
19
Extractive Industrial
M4
20
Industrial Recycling
M5
21
Institutional
I
22
Open Space 1
OS1
23
Open Space 2
OS2
24
Environmental Protection - Wetland
EP-WET
24
Environmental Protection - Woodlot
EP-WD
25
Environmental Protection -Hazard
EP-H
Township of Warwick Zoning By-law
45
4.2
USE OF SYMBOLS
The symbols listed in Subsection 4.1 may be used to refer to any of the Uses of land, Buildings and
Structures Permitted by this By-law in the said Zones and whenever in this By-law the word "Zone" is
used, preceded by any of the said symbols, such Zone shall mean any area delineated on the Zoning
Maps and designated thereon by the said symbol.
4.3
HOLDING (H) SYMBOL
4.3.1
The Use of the Holding (H) Symbol
Where a holding symbol is added as a suffix to any Zone category, development within the area affected
cannot proceed until the conditions specified in the provisions have been fulfilled. Council will remove the
Holding Symbol once the conditions restricting development have been satisfied.
4.4
APPLICATION OF ZONES
No Person shall, within any of the Zones defined in the By-law and delineated on the Zoning Maps hereto
appended, erect or Use any Building or Structure, or Use any land in whole or part except in such manner
and for such purposes as are set forth in this By-law.
4.5
INCORPORATION OF ZONING MAP
The location and boundaries of the Zones established by this By-law are shown on the Zoning Maps
hereto appended as Schedules A, and Parts 1, 2, 3, and 4 to Schedule A which are hereby incorporated
in and declared to form part of this By-law.
4.6
INTERPRETATION OF ZONING MAP
Where uncertainty exists with respect to the boundaries of the various Zones as shown on the Zoning
Maps, the following provisions shall apply:
a)
Street, Lane, Right-Of-Way, or Watercourse
Unless otherwise shown, a Street, Lane, railway Right-Of-Way, electrical transmission line Right-
Of-Way, creek or watercourse shall be included within the Zone of the adjoining property on
either side thereof and where such Street, Lane, Right-Of-Way, creek or water course serves as
a boundary between two or more different Zones, the centre line of such Street, Lane, Right-Of-
Way, creek or watercourse extending in the general direction of the long dimension thereof, shall
be deemed to be the boundary between Zones.
b)
Lot Lines
Where any Zone boundary is not shown to be a Street, Lane, Right-Of-Way, creek or
watercourse, and where the boundary approximately follows Lot Lines, such Lot Lines shall be
deemed to be the Zone boundary.
c)
Closed Street, Lane or Right-Of-Way
In the event a Street, Lane or Right-Of-Way and the limits of any portion thereof is closed, the
property formerly within such Street, Lane or Right-Of-Way shall be included within the Zone
adjoining the property, and where such Street, Lane, or Right-Of-Way was a Zone boundary, the
new Zone boundary shall be the former centre line of the closed Street, Lane or Right-Of-Way.
d)
Conservation Authority Fill & Construction Lines
Certain lands within the Municipality are subject to Fill, Construction and Alteration Regulations
pursuant to the Conservation Authorities Act, R.S.O. 1990, Chap. C.27, as amended. The limits
of these Conservation Authority Regulated areas are shown for informational purposes on the
Schedules to this By-law. Where any Zone boundary is shown as following the limits of a
Conservation Authority Regulated area, the Zone boundary shall be deemed to correspond with
the limits of such Regulated area. In the event that an application is made to, and approved by,
the Conservation Authority for a permit pursuant to the Fill, Construction and Alteration
Township of Warwick Zoning By-law
46
Regulations, the lands for which such permit is issued shall be deemed to be included within the
same Zone as the adjoining non-Regulated lands.
e)
Scale From Zoning Map
Where any Zone boundary is left uncertain after application of the provisions of Section 4.6,
subsections a), b) c) and d), of this By-law, then the boundary shall be determined by scale from
the zoning maps to the centre of the Zone boundary line.
4.7
TABLE A
No Person shall erect or Use any Building or Structure, or Use any land or cause or permit any Building or
Structure to be erected or used, or cause or permit any land to be used, in any Zone except in conformity
with the regulations as set out in Table A for that Zone.
Township of Warwick Zoning By-law
47
SECTION 5 - AGRICULTURAL 1 (A1) ZONE
5.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Agricultural 1 (A1) Zone except for one or
more of the following Uses:
a)
Agriculture, including one Farm Dwelling
b)
Single Detached Dwelling
c)
Antennae (maximum height 40 metres)
Agricultural Home Industry
Bed and Breakfast Establishment (maximum of 3 guest rooms)
Commercial Greenhouse
Conservation
Day Nursery
Forestry
Home Occupation
Kennel
Nursery
d)
Buildings, Structures and Uses Accessory to a Permitted Use
5.1A SURPLUS FARM DWELLING PROVISIONS
All surplus farm dwelling severances shall adhere to the Zoning regulations of Section 5.1(b) of Table "A"
Zone Regulations to the By-law, with the exception of the following provision(s):
Provision
Requirement
Minimum Front Yard
The lesser of "as existing" or 20 metres
Minimum Lot Area
0.4 hectares
5.2
MINIMUM DISTANCE SEPARATION
a)
No new Dwelling or non-Agricultural Use, Lot, Building or Structure (including development on
Existing Lots) is Permitted closer to a Livestock Facility on a separate Lot than 300m or the MDS
I Setback calculated using Appendix "A" to this By-law, whichever is greater. Notwithstanding,
only the MDS I setback shall apply to Livestock Facilities having a Livestock Housing Capacity of
fewer than 25 Nutrient Units.
b)
No new Livestock Facility or Livestock Facility addition or reconstruction is Permitted closer to a
Dwelling on a separate Lot, a Lot Line or a non-Agricultural Use, Building or Structure on a
separate Lot, than the distance calculated using the MDS II formula found in Appendix "A" to
this By-law.
c)
Application of subsections a) and b) shall be in accordance with the Minimum Distance
Separation (MDS) Implementation Guidelines published by the Ontario Ministry of Agriculture,
Food and Rural Affairs as updated from time to time, subject to the specific provisions of this By-
law and Appendix "A" to the By-law and including the following:
i)
An Existing Dwelling may be replaced, despite not complying with subsection a),
provided that the Existing separation is not further reduced.
ii)
A Livestock Facility destroyed by fire or natural disaster may be replaced to the same
general location, despite not meeting MDS II, provided the existing separation is not
Township of Warwick Zoning By-law
48
further reduced and the Factors A, B and D for the new Livestock Facility are not greater
than those of the previous Livestock Facility.
iii)
A new non-Agricultural Lot, whether or not containing a Dwelling, shall comply with
subsection a), even for Livestock Facilities already located on a separate Lot.
iv)
Subsection a) shall not apply where 4 or more non-Agricultural Uses are already closer to
the Livestock Facility than the Use under consideration and where the Use under
construction is also closer to the same 4 or more non-Agricultural Uses than it is to the
Livestock Facility.
v)
Cemeteries located in an Agricultural Zone shall be considered a Type A Land Use for
the purposes of MDS II.
vi)
MDS I and MDS II shall not apply to Buildings or Structures Accessory to a Dwelling or
Buildings or Structures 10m2 or less in Ground Floor Area.
vii)
The required MDS I from an anaerobic digester or an associated co-substrate input tank
shall be 125m.
viii)
The required MDS I from an anaerobic digester or an associated co-substrate input tank
shall be 125m from a Type A Land Use, 250m from a Type B Land Use, 13m from an
Interior Side Lot Line or Rear Lot Line and 25m from a Front or Exterior Side Lot Line.
ix)
Even if no building permit is required, MDS II shall apply to the conversion of any non-
Livestock Building or Structure greater than 10m22 in Ground Floor Area to use as a
Livestock Facility.
x)
Where no building permit is required, Existing Livestock Facilities may be converted for
use for a type of Livestock for which the Building was not previously used, designed or
suited, despite not complying with MDS II, provided there is no increase in non-
compliance through a resultant MDS II that is greater than that of the previous Use.
xi)
The capacity of Manure Storages that hold manure produced by Livestock not located on
the Lot or "digestate" produced from an anaerobic digester shall be considered in
determining the required MDS I and MDS II.
xii)
Calculations made using the MDS Computer Program Version 1.0.0 provided by the
Ministry of Agriculture, Food and Rural Affairs shall be considered equivalent to
calculations made using Appendix "A".
5.3
AGRICULTURAL 1 (A1) SPECIAL PROVISIONS
a)
A minimum separation of 250 m shall be maintained between kennels and between kennels and
residential uses.
b)
Any Existing Single Detached Dwelling in the A1 Zone may be used as Seasonal Housing,
provided no second Dwelling is Erected on the Lot.
5.4
AGRICULTURAL 1 (A1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard A1 Zones. If
a regulation or Use is not specified, the list of Permitted Uses in Section 5.1 and/or the
regulations of Table A shall apply.
5.4.1
AGRICULTURAL 1(1) A1(1) ZONE
Permitted Uses
a)
Any use Permitted in the A1 Zone
Township of Warwick Zoning By-law
49
b)
Contractors Yard
Grain Elevator
Industrial Use
Light Industrial Use
Open Storage
Parking area
Warehouse
c)
Accessory Buildings and Structures, including a Dwelling Unit for an owner, caretaker, or
employee
Special Definition Applying Exclusively to this Zone
Notwithstanding the Front Lot Line definition of this By-law, the Front Lot Line for lands Zoned A1(1) shall
be the west boundary of the lands Zoned A1(1) for the purpose of determining Frontage on a Street. All
other Industrial Zone provisions of this By-law shall apply to the lands Zoned A1(1)
5.4.2
AGRICULTURAL 1(2) A1(2) ZONE
Permitted Uses
a)
Any Use Permitted in the A1 Zone
b)
Up to three (3) Dwellings for seasonal Farm help, in addition to the main Farm Dwelling, may be
Permitted.
5.4.3
AGRICULTURAL 1(3) A1(3) ZONE
Permitted Uses
a)
Any Use Permitted in the A1 Zone
b)
Existing Truck Transport Terminal
5.4.4
AGRICULTURAL 1(4) A1(4) ZONE
Permitted Uses
a)
Any use Permitted in the A1 Zone
b)
Existing Building or Contracting Establishment
5.4.5
AGRICULTURAL 1(5) A1(5) ZONE
Permitted Uses
a)
Any use Permitted in the A1 Zone
b)
Existing Motor Vehicle Repair Establishment
5.4.6
AGRICULTURAL 1(6) A1(6) ZONE
Permitted Uses
(a)
Any use Permitted in the A.1 Zone
(b)
Up to one (1) Dwelling for farm help, in addition to the main Farm Dwelling may be permitted.
5.4.7
AGRICULTURAL 1(7) A1(7) ZONE
Permitted Uses
(a)
Any use Permitted in the A.1 Zone
(b)
Up to one (1) Dwelling for Seasonal farm help, in addition to the main Farm Dwelling may be
permitted.
Township of Warwick Zoning By-law
50
5.4.8
AGRICULTURAL 1(8) A1(8) ZONE
Permitted Uses
(a)
Any use Permitted in the A.1 Zone
(b)
Any use Permitted in the I Zone
(c)
Multiple Dwelling for seniors of a minimum age of 55 years
(d)
Buildings, structures and uses accessory to a Permitted Use
Special Provisions
a)
Renovation and change of Use shall be permitted within the existing main building at the existing
setback from neighbouring livestock facilities. Any additions or expansions shall comply with the
separation requirements in Section 5.2.
5.4.9
AGRICULTURAL 1(9) A1(9) ZONE
Permitted Uses
(a)
Any use Permitted in the A.1 Zone
(b)
Seasonal Housing
(c)
Buildings, Structures and Uses Accessory to a Permitted Use
Site Regulations
(d)
The total number of individuals housed in Dwellings used for Seasonal Housing shall not exceed
20 individuals on the Lot, including portions of the Lot outside the A1(9) Zone.
(e)
Where there is an Existing Single Detached Dwelling on a Lot, a second Single-Detached
Dwelling shall not be Erected for use as Seasonal Housing.
(f)
The Minimum Required Front Yard of a new Dwelling used for Seasonal Housing shall be 35m.
(g)
Mobile Homes Erected for use as Seasonal Housing shall not be occupied for more than 9
months out of the calendar year and not occupied by individuals who are not seasonal workers or
their families.
(h)
Any Dwelling used for Seasonal Housing shall be set back a minimum distance of 30m from any
Building holding hazardous or flammable material or any Livestock Facility that is in actual use as
a Livestock Facility.
5.4.10 AGRICULTURAL 1(10) A1(10) ZONE
Additional Permitted Uses
(a)
Any use Permitted in the A.1 Zone
(b)
A Wind Farm
(c)
Buildings, Structures and Uses Accessory to a Permitted Use
5.4.11 AGRICULTURAL 1(11) A1(11) ZONE
Permitted Uses
(a)
Any use Permitted in the A.1 Zone
(b)
Buildings, Structures and Uses Accessory to a Permitted Use
Township of Warwick Zoning By-law
51
(c)
Garden Suite
i)
For the purpose of this By-law, a Garden Suite shall be defined as:
A one-unit detached residential structure containing bathroom and kitchen facilities that is
ancillary to an existing residential structure on the same lot and that is designed to be
portable.
Site Regulations for garden suite
(d)
Minimum Front Lot Line Setback
60m
Minimum Exterior Lot Line Setback
20m
Minimum Interior Lot Line Setback
9m
Minimum Rear Lot Line Setback
10m
(e)
All other provisions of the A1 Zone shall apply to the lands.
(f)
This By-law applies only to lands described as Part of Lot 12, Concession 6 SER, Township of
Warwick, with the municipal address of 5127 First School Road.
(g)
This use shall be permitted for a maximum of 10 years from the date of passing of this By-law,
unless the period is extended by Council pursuant to Section 39(3) of the Planning Act, R.S.O.
1990.
5.4.12 AGRICULTURAL 1(12) A1(12) ZONE (B/L 104/2017)
Permitted Uses
(a)
Any use Permitted in the A.1 Zone
(b)
Buildings, Structures and Uses Accessory to a Permitted Use
(c)
Non-motorized trailer sales, service and repair establishment trailer sales establishment
i)
For the purpose of this by-law non-motorized trailer sales and service shall be defined as:
means land and/or buildings used for the display for sale of non-motorized trailers and
includes servicing and repair of such related products, but does not include motor
vehicles sales establishments or any motorized vehicle and machinery sales.
Site Regulations
(a)
Minimum Front Lot Line Setback
60m
Minimum Exterior Lot Line Setback
40m
Minimum Interior Lot Line Setback
15m
Minimum Rear Lot Line Setback
10m
(b)
Outdoor storage is restricted to a maximum of 21247 square metres. (B/L 75/2018)
(c)
All other provisions of the A1 Zone shall apply to lands zoned.
Zone Regulations
Within the A1(12) zone "non-motorized trailer sales establishment" means land and/or buildings used for
the display for sale of non-motorized trailers and includes servicing and repair of such related products,
but does not include motor vehicle sales establishment, or any motorized vehicles and machinery sales.
5.4.13 GARDEN SUITE FOR 6409 LONDON LINE, TEMPORARY USE BY-LAW (B/L 97/19)
Notwithstanding any provisions of By-law No. 121 of 2012 to the contrary, a "Garden Suite" shall be
permitted on the subject lands (described as Part Lot 4, Concession 3SER, Warwick Township (6409
London Line) and zoned A1) for a period of (5) five years from the date of passing of this by-law,
Township of Warwick Zoning By-law
52
renewable. The Garden Suite shall be defined as a one-unit detached residential structure containing
bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to
be portable. Furthermore, the Garden Suite shall have a garden suite agreement addressing installation
and removal provisions, securities, persons named in the residency, and a period of 5 (five) year
timeframe, renewable. The setbacks and building provisions of the A1 Zone apply; in addition, the garden
suite shall be located behind the principal dwelling. Notwithstanding the separation distances to livestock
facilities, a garden suite shall be no closer to a livestock facility on another lot than the principal dwelling
on 6409 London Line.
5.4.14 Temporary Farm Worker Accommodation - 8060 Zion Line, Temporary Use By-law (B/L
68/23)
Notwithstanding any provisions of By-law No. 121 of 2012 to the contrary, a "Farm Worker
Accommodation" that supports an employee intensive agricultural use shall be permitted on the subject
lands (WARWICK CON 2 SER PT LOTS 20 AND 21 (8060 Zion Line) and zoned A1 and EP-WD) for a
period of (3) three years from the date of passing of this by-law, or until such time as the Comprehensive
Zoning By-law 121 of 2012 is amended to accommodate the use. At that time, this Temporary Use By-law
shall be rescinded by Council. This By-law will enable the first phase, which shall contain no more than
four (4) buildings, which contain one (1) dwelling unit and provide parking based on one stall per dwelling
unit. The setbacks and building provisions of the A1 Zone apply. A Site Plan Agreement will be required
to facilitate this development."
5.4.15 AGRICULTURAL 1(13) A1(13) ZONE (B/L 19 of 2024)
Permitted Uses
(a)
Any use Permitted in the A1 Zone
(b)
Buildings, Structures and Uses Accessory to a Permitted Use
(c)
Building or Contracting Establishment
Site Regulations
(a)
Building or Contracting Establishment shall not exceed 2.09 hectares.
(b)
All other provisions of the "A1" Zone shall apply to lands zoned, "A1(13)".
Township of Warwick Zoning By-law
53
SECTION 6 - AGRICULTURAL 2 (A2) ZONE
6.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Agricultural 2 (A2) Zone except for one or
more of the following Uses:
a)
Agriculture, including Livestock up to a maximum of 4 Animal Units, and one Farm Dwelling
b)
Single Detached Dwelling
c)
Agricultural Home Industry
Antennae (maximum height 40 metres)
Bed and Breakfast Establishment (maximum of 3 guest rooms)
Commercial Greenhouse
Conservation
Day Nursery
Forestry
Home Occupation
d)
Buildings, Structures and Uses Accessory to a Permitted Use
6.1A SURPLUS FARM DWELLING PROVISIONS
All surplus farm dwelling severances shall adhere to the Zoning regulations of Section 6.1(b) of Table "A"
Zone Regulations to the By-law, with the exception of the following provision(s):
Provision
Requirement
Minimum Front Yard
The lesser of "as existing" or 20 metres
Minimum Lot Area
0.4 hectares
6.2
MINIMUM DISTANCE SEPARATION
All Buildings, Structures and Uses Erected or established in the A2 Zone shall comply with the separation
requirements of Sections 5.2.
6.3
AGRICULTURAL 2 (A2) SPECIAL PROVISIONS
a)
A minimum separation of 250 m shall be maintained between kennels and between kennels and
residential uses.
b)
A minimum Agricultural Lot Area of 27 ha shall be permitted on lands located on the South Part of
Lot 17, Concession 5 SER and located north of the Canadian National Railway.
6.4
AGRICULTURAL 2 (A2) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard A2 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 6.1 and/or the regulations of Table
A shall apply.
6.4.1
AGRICULTURAL 2(1) A2(1) ZONE
Permitted Uses
a)
Any use Permitted in the A2 Zone
b)
Existing Truck Transport Terminal
Township of Warwick Zoning By-law
54
6.4.2
AGRICULTURAL 2(2) A2(2) ZONE
Permitted Uses
a)
Any use Permitted in the A2 Zone
b)
Livestock (horse) operation, subject to Section 5.2 (Minimum Distance Separation) paragraphs c),
d) and e).
Township of Warwick Zoning By-law
55
6.4.3
AGRICULTURAL 2(3) A2(3) ZONE
Permitted Uses
a)
The growing of crops including nursery and horticultural crops; agro-forestry; and conservation
uses; commercial greenhouse for floriculture, greenhouse for food production, and accessory
agricultural buildings and structures.
Site Regulations
Notwithstanding Section 4.7 and Table A, no Person shall erect or use any Building or Structure
except in conformity with the following regulations:
Lot Area:
4.0 ha minimum
6.4.4
AGRICULTURAL 2(4) A2(4) ZONE
Permitted Uses
a)
Any use permitted in the A2 zone
b)
Buildings, Structures and Uses Accessory to a Permitted Use
c)
Upholstery Cleaning Establishment
Site Regulations
d)
The upholstery cleaning establishment shall be limited to the interior of the accessory use
building
e)
The upholstery cleaning establishment shall not exceed 90 square metres
f)
The provisions of the A2 Zone shall apply to lands zoned A2(4).
6.4.5
AGRICULTURAL 2(5) A2(5) ZONE (B/L 35 of 2013)
Permitted Uses
a)
Any use permitted in the A2 zone
b)
Buildings, Structures and Uses Accessory to a Permitted Use
c)
Resource Extraction
d)
Aggregate Storage Area
Township of Warwick Zoning By-law
56
SECTION 6A - NO DWELLING AGRICULTURAL (ND-A) ZONE (B/L 86/18)
6A.1
PROHIBITED USES
No land, Building, or Structure shall be used or erected for the purposes of a Dwelling in the No-Dwelling
(ND-A) zone.
6A.2
PERMITTED USES
No land, Building, or Structure shall be used or erected in the No-Dwelling Agricultural (ND-A) zone
except for one or more of the following uses:
a)
Any use permitted in the Agricultural 1 (A1) zone, excluding a Dwelling of any kind, Bed and
Breakfast Establishment, and a Home Occupation.
b)
Buildings, Structures and Uses Accessory to a Permitted Use.
c)
All other provisions of the A1 Zone shall apply to lands zoned.
6A.3
NO-DWELLING AGRICULTURAL (ND-A) SPECIAL PROVISIONS
a)
All site, building, zoning or other regulations or provisions of this by-law that are applicable in the
Agricultural A1 (A1) zone, excluding permitted and prohibited uses, shall apply in the No-Dwelling
Agricultural (ND-A) zone.
Township of Warwick Zoning By-law
57
SECTION 7 - RESIDENTIAL 1 (R1) ZONE
7.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Residential 1 (R1) Zone except for one or
more of the following Uses:
a)
Single Detached Dwelling
Semi-Detached Dwelling
Duplex Dwelling
Group Home-Type 1
b)
Home Occupations
Day Nursery
c)
Bed and Breakfast Establishment (maximum of 3 guest rooms)
d)
Buildings, Structures and Uses Accessory to a Permitted Use
7.2
HOLDING ZONES
RESIDENTIAL 1 R1(H) ZONE
Permitted Uses
Uses lawfully existing on the day this By-law was passed.
Provisions for the Removal of the Holding "H" Symbol
To ensure the orderly development of lands and the adequate provision of municipal services, the "H"
symbol shall not be deleted until a subdivision agreement or development agreement is entered into, for
the lands in question, with the municipality.
7.3
RESIDENTIAL 1 (R1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard R1 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 7.1 and/or the regulations of Table
A shall apply.
7.3.1
RESIDENTIAL 1(1) R1(1) ZONE
Permitted Uses
a)
Any use Permitted in the R1 Zone
b)
Existing modular home
c)
Existing mobile home, single wide
d)
Existing mobile home, double wide
7.3.2
RESIDENTIAL 1(2) R1(2) ZONE
Permitted Uses
a)
Any use Permitted in the R1 Zone
b)
Existing Animal Hospital
7.3.3
RESIDENTIAL 1(3) R1(3) ZONE
Permitted Uses
a)
Any use Permitted in the R1 Zone
b)
Existing Clinic
Township of Warwick Zoning By-law
58
7.3.4
RESIDENTIAL 1(4) R1(4) ZONE
Permitted Uses
a)
Any use Permitted in the R1 Zone
b)
Service and Repair Shop and related sales
c)
Buildings Structures and Uses Accessory to a Permitted Use
Site Regulations:
Minimum Lot Area:
840 square metres
Minimum Lot Frontage:
20 metres
Minimum Front Yard Depth:
7 metres
Minimum Side Yard Width:
i) Service and Repair Shop and related sales:
3.5 metres on both sides
ii) Single Detached Dwelling:
1.0 metre on both sides; where there is an
attached private garage or carport, 1.0 metre on
one side and 3 metres on the other side where
there is no attached private garage or carport
Minimum Rear Yard Depth:
7 metres
Lot Coverage:
30% maximum
Landscaped Open Space:
30% minimum
Minimum Gross Floor Area:
Single Detached Dwelling:
90 square metres for one storey Dwelling and 74
square metres on the ground floor for a Dwelling
with more than one storey.
Maximum Building Height:
i) Service and Repair Shop:
7 metres
ii) Single Detached Dwelling:
11 metres
Planting Strip:
For a Service and Repair Shop, a 1.5 metre
wide planting strip shall be required in
accordance with section 3.19
7.3.5
RESIDENTIAL 1(5) R1(5) ZONE
Permitted Uses
a)
Any use Permitted in the R1 Zone
b)
Existing Church
7.3.6
RESIDENTIAL 1(6) R1(6) ZONE
Permitted Uses
a)
Any use Permitted in the R1 Zone
b)
Existing Funeral Home
Township of Warwick Zoning By-law
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7.3.7
RESIDENTIAL 1(7) R1(7) ZONE (B/L 66/20)
Permitted Uses
a)
Any use Permitted in the R1 Zone
Site Regulations
b)
Lot Coverage: 40%
c)
All other provisions of the R1 zone shall apply to lands zoned R1(7)
7.3.8
RESIDENTIAL 1(8) R1(8) ZONE
Special Provisions
a)
Exterior Side Yard Setback:
4m Minimum
Township of Warwick Zoning By-law
60
SECTION 8 - RESIDENTIAL 2 (R2) ZONE
8.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Residential 2 (R2) Zone except for one or
more of the following Uses;
a)
Single Detached Dwelling
Semi-detached Dwelling
Duplex Dwelling
Group Home Type 1
Converted Dwelling
b)
Home Occupations
Day Nursery
c)
Bed and Breakfast Establishment
d)
Buildings, Structures and Uses Accessory to a Permitted Use
8.2
HOLDING ZONES
RESIDENTIAL 2 HOLDING (H) ZONE (B/L 37/2021)
Permitted Uses
Uses lawfully existing on the day this By-law was passed
Provisions for the Removal of the Holding "H" Symbol
To ensure the orderly development of lands and the adequate provision of municipal services, the "H"
symbol shall not be deleted until a subdivision agreement or development agreement is entered into, for
the lands in question, with the municipality.
8.3
RESIDENTIAL 2 (R2) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard R2 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 8.1 and/or the regulations of Table
A shall apply.
8.3.1
RESIDENTIAL 2(1) R2(1) ZONE
Permitted Uses
a)
Any use Permitted in the R2 Zone
b)
Buildings, Structures and Uses Accessory to a Permitted Use
c)
Triplex Dwelling
d)
Quadplex Dwelling
Site Regulations
e)
Minimum Lot Area:
800 square metres
Minimum Lot Frontage:
18 metres
Minimum Front Yard Depth:
6 metres
Minimum Exterior Side Yard Width:
2.5 metres
Minimum Interior Side Yard Width:
1.2 metres
Minimum Rear Yard Depth:
10 metres
Township of Warwick Zoning By-law
61
Lot Coverage:
40% maximum
Landscaped Open Space:
20% minimum
Maximum Building Height:
12 metres
f)
All other provisions of the R2 zone shall apply to lands zoned R2(1).
8.3.2
RESIDENTIAL 2(2) R2(2) ZONE (B/L 37/2021)
Permitted Uses
a)
Any use Permitted in the R2 Zone
Site Regulations
b)
Minimum Lot Area (Single Detached):
400 square metres
Minimum Lot Frontage (Single Detached):
11 metres
Maximum Lot Coverage:
50%
c)
All other provisions of the R2 zone shall apply.
8.3.3
RESIDENTIAL 2(3) R2(3) ZONE (B/L 18/2024)
Permitted Uses
a)
Any use Permitted in the R2 Zone
Site Regulations
a)
Minimum Exterior Side Yard Setback: 4.5m
b)
Minimum Lot Area (single detached): 390m2
c)
Maximum Lot Coverage (single detached): 50%
d)
Maximum Lot Coverage (semi detached): 50%
e)
Minimum Landscaped Open Space: 30%
f)
All other provisions of the R2 Zone shall apply to lands zoned.
Township of Warwick Zoning By-law
62
SECTION 9 - RESIDENTIAL 3 (R3) ZONE
9.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Residential 3 (R3) Zone except for one or
more of the following Uses:
a)
Converted Dwelling
Triplex Dwelling
Street Townhouse Dwelling
Townhouse Dwelling
Multiple Dwelling
Group Home-Type 1
b)
Home Occupations
c)
Bed and Breakfast Establishment
d)
Buildings, Structures and Uses Accessory to a Permitted Use
9.2
HOLDING ZONES
9.3
RESIDENTIAL 3 (R3) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard R3 Zone. If a
regulation or Use is not specified, the lis4t of Permitted Uses in Section 9.1 and/or the regulations of
Table A shall apply.
9.3.1
RESIDENTIAL 3(1) R3(1) ZONE
Permitted Uses
a)
Any Use Permitted in the R3 Zone, provided such Use is used for seniors of a minimum age of 55
years.
Site Regulations
a)
Notwithstanding Section 3.18.1, no Building or Structure shall be erected within 6 metres in the
northerly direction and 15 metres in the southerly direction of the Top of Bank of any Open
Drainage Ditch or natural watercourse.
b)
A canopy for a passenger loading area shall be permitted to encroach 9 metres into the Front
Yard from the Main Building provided the Encroachment shall not be any closer than 3 metres
from the Front Lot Line.
c)
Notwithstanding Section 3.27.1, the required number of Parking Spaces for a Multiple Dwelling
Unit used for seniors of a minimum of 55 years shall be 0.7 spaces per Dwelling Unit.
9.3.2
RESIDENTIAL 3(2) R3(2) ZONE (B/L 36/2021)
Permitted Uses
a)
Any Use Permitted in the R3 Zone
Site Regulations
b)
Minimum Exterior Setback
2.1m
c)
All the other provisions of the R2 Zone shall apply
Township of Warwick Zoning By-law
63
9.3.3
RESIDENTIAL 3(3) R3(3) ZONE (B/L 18 OF 2024)
Permitted Uses
a)
Any use Permitted in the R3 Zone
Site Regulations
a)
Minimum Rear Yard Setback (street townhouse): 8.5m
b)
Minimum Rear Yard Setback (townhouse): 8.5m
c)
Minimum Interior Side Yard Setback (street townhouse): 2.3m
d)
Minimum Exterior Side Yard Setback (street townhouse): 4.5m
e)
Minimum Exterior Side Yard Setback (townhouse): 4.5m
f)
Minimum Lot Area: 190m2 per unit
g)
Maximum Lot Coverage (street townhouse): 53%
h)
All other provisions of the R3 Zone shall apply to lands zoned.
Township of Warwick Zoning By-law
64
SECTION 10 - RESIDENTIAL 4 (R4) ZONE
10.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Residential 4 (R4) Zone except for one or
more of the following Uses:
a)
Single Detached Dwelling
b)
Home Occupations
c)
Bed and Breakfast Establishment
d)
Buildings, Structures and Uses Accessory to a Permitted Use
10.2
HOLDING ZONES
10.3
RESIDENTIAL (R4) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard R1 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 7.1 and/or the regulations of Table
A shall apply.
10.3.1 RESIDENTIAL (R4)(1) - R4(1) ZONE (B/L 8/21)
Permitted Uses
a)
Any Use Permitted in the R4 Zone.
b)
A Second Dwelling Unit within a Detached Accessory Building
Site Regulations
a)
An Accessory Dwelling Unit within a Detached Accessory Building is subject to all the regulations
listed in Section 3.8, with the exception of Subsection 3.8(f).
b)
A separate municipal address must be obtained for the Accessory Dwelling Unit,
10.3.2 RESIDENTIAL (R4)(2) - R4(2) ZONE (B/L 3/23)
Permitted Uses
No Land, Building, or Structure shall be used or erected in the Residential 4(2) (R4-2) Zone except for
one or more of the following uses:
a)
Single Detached Dwelling
b)
Home Occupations
c)
Bed and Breakfast Establishment
d)
Buildings, Structures and Uses Accessory to a Permitted Use
ZONE REGULATIONS
a)
Any Single Detached Dwelling, Home Occupation, or Bed and Breakfast Establishment; shall be
limited to the Building existing on the site as of the passing of By-law 03-2023.
SITE REGULATIONS
Township of Warwick Zoning By-law
65
a) Notwithstanding the Residential 4 (R4) Zone regulations of Table A of Zoning By-law 121-
2012, the following regulations shall apply to this zone:
Minimum Lot Frontage:
30m
Minimum Lot Area:
750m2
Maximum Lot Coverage:
30%
Minimum Front Yard:
2.8 m
Minimum Interior Side Yard (if no attached
garage):
1.2 m & 3.0*
Minimum Interior Side Yard (if attached
garage):
3.0*
Minimum Rear Yard:
2.8 m
Maximum Building Height:
11 m
Minimum Landscaped Open Space:
40%
* Single Detached Dwelling: 1.2 m minimum (one side) and 3 m minimum (other side)
b) Notwithstanding Section 3.13.1 Yard Encroachments Permitted of Zoning By-law 121 of 2012,
every part of any required Yard within the Residential 4 (R4) Zone shall be open and
unobstructed by any Building or Structure from the ground to the sky, provided however, those
Structures listed below shall be Permitted to encroach into the Required Yards indicated for
the distances specified:
Structure
Yard In Which
Encroachment is
Permitted
Maximum
Encroachment
Permitted Into
Required Yards Under
Zone Regulations
i. Sills, belt courses, cornices, eaves,
gutters, chimneys, or similar
architectural structure.
Any Yard
0.5m
ii. Outdoor heating and air conditioning
unit
Side and Rear Yard
1.0
iii. Porches (unenclosed) excluding eaves
Any Yard
1.0
iv. Decks (unenclosed)
Any Yard
1.0
v. Balconies and Steps (unenclosed)
Any Yard
1.0
vi. Bay Windows, and Awnings
Front and Rear Yard
0.5
Provided however that ii), iii), iv), v) and vi) shall not be any closer than 1.2 meters to an
interior Lot Line and 1.8 m to a front or rear Lot Line.
c)
In the event the Building existing on the site at the time of the passing of By-law 03-2023 be
destroyed by fire or other natural disaster or be demolished, such Building shall be
reconstructed in accordance with the requirements of the Residential 4 (R4) Zone, Table 'A'
of By-law 121- 2012, and Section 3.13.1 Yard Encroachments Permitted of the By-law.
Township of Warwick Zoning By-law
66
SECTION 10A - RESIDENTIAL 5 (R5) ZONE
10A.1 PERMITTED USES
No land, Building, or Structure shall be used or erected in the Residential 5 (R5) Zone except for one or
more of the following Uses:
a)
Single Detached Dwelling
Modular Home
b)
Buildings, Structures and Uses Accessory to a Permitted Use
c)
Office Accessory to a Permitted Use
d)
Open Space
e)
Park
10A.2 ZONE REGULATIONS
a)
Within the Residential 5 (R5) zone "Home Site" means a parcel of land described within a
registered site plan agreement and intended for the erection of dwelling.
b)
The provisions and definitions of By-Law 54 of 2000 applicable to a "Lot" as defined in Section 2
shall apply to a "Home Site" as defined in Section 10A with appropriate modifications.
c)
Within the R5 Zone, the definition of "Street" shall be deemed to include "Lane".
10A.3 SITE REGULATIONS
a)
Minimum Lot Area:
10 hectares
b)
Minimum Lot Frontage:
15 metres
c)
Minimum Front Yard Depth:
6 metres
d)
Minimum Side Yard Width:
6 metres
e)
Minimum Rear Yard Depth:
4.5 metres
f)
Visitor Parking:
Minimum 20% of required parking
10A.4 SITE REGULATIONS: HOME SITES
a)
Minimum Home Site Area:
440 square metres
b)
Minimum Home Site Frontage:
15 metres
c)
Minimum Home Site Front Yard Setback:
4 metres
d)
Minimum Home Site Side Yard Setback:
1.2 metres
e)
Minimum Home Site Rear Yard Setback:
4.5 metres
f)
Minimum Exterior Side Yard Setback:
4 metres
g)
Parking Requirements:
1 (one) off street parking space shall be required
for each individual home site
h)
Maximum Home Site Coverage:
40%
i)
Maximum Building Height:
11 metres
j)
Landscaped Open Space:
Minimum 10% per home site
k)
No more than one dwelling shall be located on a home site in the R5 zone.
Township of Warwick Zoning By-law
67
10A.5 SUPPLEMENTARY SITE REGULATIONS
a)
Internal Roads:
Each "Home Site" shall abut a street which shall have a dust-free surface and shall have a
minimum width of 6.7 metres.
b)
Density:
A maximum of 147 Home Sites shall be permitted within the R5 zone and only (1) dwelling unit
shall be permitted per Home Site.
c)
The site triangle restrictions in Section 3.18.2 shall only apply to Home Sites with frontage on a
public street.
Township of Warwick Zoning By-law
68
SECTION 11 - CENTRAL COMMERCIAL (C1) ZONE
11.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Central Commercial (C1) Zone except for
one or more of the following Uses:
a)
Amusement Games Establishment
Art Gallery
Assembly Hall
Auditorium
Bake Shop
Bank
Bed and Breakfast Establishment
Boarding House
Brewing on Premises Establishment
Church
Clinic
Commercial Recreation Establishment
Commercial Use
Convenience Stores
Day Nursery
Dry Cleaning Establishment
Farmer's Market
Funeral Home
Gift Shop
Home Occupation
Hotel
Institutional Use
Laundromat
Office
Park
Parking Lot
Personal Service Establishment
Place of Entertainment
Private Club
Restaurant
Retail Store
Retail Warehouse
School
Service and Repair Shop
Shopping Centre
Tavern
Theatre
b)
Existing Motor Vehicle Sales Establishment, including Accessory Open Storage only for the
purpose of display of goods offered for sale or rent.
c)
Existing Motor Vehicle Service Establishment.
d)
Existing Travel Trailer Service Establishment and Motor Vehicle Repair Establishment.
e)
Dwelling Units Located Above and/or Behind a Permitted Commercial Use and Attached to the
Commercial Building
f)
Existing Single Family Dwellings
g)
Buildings, Structures and Uses Accessory to a Permitted Use
Township of Warwick Zoning By-law
69
Site Regulations - Existing Single Detached Dwellings
Notwithstanding Table "A", Existing Single Detached Dwellings and new or Existing Uses Accessory
thereto shall comply with provisions applicable to the Residential 1 (R1) Zone.
11.2
REGULATIONS FOR ACCESSORY DWELLING UNITS
Minimum Floor Area
bachelor
40.0 m2
one bedroom
45.0 m2
two bedrooms
55.0 m2
three bedrooms
70.0 m2
11.3
HOLDING ZONES
11.4
CENTRAL COMMERCIAL (C1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard C1 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 11.1 and/or the regulations of
Table A shall apply.
Township of Warwick Zoning By-law
70
SECTION 12 - HIGHWAY COMMERCIAL (C2) ZONE
12.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Service Commercial (C2) Zone except for
one or more of the following Uses:
a)
Agricultural Implement Sales
Agricultural Service Establishment
Animal Hospital
Auction Hall
Bake Shop
Bakeries
Bank
Building or Contracting Establishment
Building Supply Establishment
Church
Clinic
Commercial Recreation Establishment
Commercial Storage
Convenience Store
Day Nursery
Dry Cleaning Establishment
Existing Dwelling Units
Funeral Home
Garden Centre
Gas Bar
Golf Driving Range
Health Club
Health/Recreational Facility
Hotel
Laundromat
Marine Sales and Service Establishment
Motel
Motor Vehicle Sales Establishment
Motor Vehicle Service Establishment
Motor Vehicle Repair Establishment
Motor Vehicle Washing Establishment
Office
Parking Lot
Personal Service Establishment
Place of Entertainment
Private Club
Recycling Depot
Restaurant
Restaurant Drive-In
Service and Repair Shop
Travel Trailer Sales Establishment
b)
Buildings, Structures and Uses Accessory to a Permitted Use
Township of Warwick Zoning By-law
71
12.2
REGULATIONS FOR MOTOR VEHICLE SERVICE ESTABLISHMENTS
Notwithstanding any other previous provisions of this By-law, where a Lot in the Service Commercial (C2)
Zone is used for a Motor Vehicle service establishment, the following regulations shall apply:
Interior
Corner
Lot
Lot
12.2.1 Minimum Lot Frontage
45.0 m
55.0 m
12.2.2 Minimum Lot Depth
40.0 m
40.0 m
12.2.3 No portion of any pump island on a service station shall be located closer than six (6.0) metres
from the street line of any street.
12.2.4 The minimum distance from the intersection of two street lines to the nearest ingress or egress
ramp shall not be less than nine (9.0) metres, or in the case of the intersection of two arterial
streets, the minimum distance shall not be less than fifteen (15.0) metres.
12.2.5 The minimum distance from any portion of any ingress or egress ramp to any interior side Lot
Line which abuts any other Lot shall not be less than three (3.0) metres.
12.2.6 The width of any ingress or egress ramp along any street line shall not be more than nine (9.0)
metres or less than seven and one-half (7.5) metres.
12.2.7 The minimum distance between ramps shall not be less than nine (9.0) metres.
12.2.8 The minimum interior angle of any ramp to the street line shall be greater than sixty degrees
(60o).
12.2.9 All parts of the ingress and egress ramps shall be maintained with a cement, or asphaltic binder
or any other type of permanent surfacing to prevent the raising of dust or loose particles.
12.2.10 Land which is not used for Buildings, ramps or paving shall be Landscaped in lawn, trees or
shrubs and maintained in a healthy growing condition and neat and clean in appearance.
12.3
HOLDING ZONES
12.4
HIGHWAY COMMERCIAL (C2) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard C2 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 12.1 and/or the regulations
of Table A shall apply.
12.4.1 HIGHWAY COMMERCIAL (C2)(1) ZONE
Permitted Uses
a)
Agricultural Implement Sale
Agricultural Service Establishment
Agricultural Supply Establishment
Animal Hospital
Auction Hall
Bakery
Bonded Warehouse
Building or Contracting Establishment
Commercial Recreation Establishment
Township of Warwick Zoning By-law
72
Commercial Storage
Dry Cleaning Establishment
Farmers Market
Flea Market
Garden Centre
Gas Bar
General Industrial Use
Golf Driving Range
Health Club
Health/Recreation Facility
Hotel
Light Industrial Use
Laundromat
Marine Sales and Service Establishment
Motel
Motor Vehicle Sales Establishment
Motor Vehicle Service Establishment
Motor Vehicle Repair Establishment
Motor Vehicle Washing Establishment
Parking Lot
Personal Service Establishment
Place of Entertainment
Private Club
Service and Repair Shop
Travel Trailer Sales Establishment
Truck Transport Terminal
Warehouse
b)
Buildings, Structures and Uses Accessory to a Permitted Use.
12.4.2 HIGHWAY COMMERCIAL (C2)(2) ZONE
Permitted Uses
a)
Any use permitted in the C2 Zone
b)
Buildings, Structures and Uses Accessory to a Permitted Use
c)
Lands described as Pt Lot 24,Con 5 NER within the C2(2) Zone shall permit one accessory
dwelling unit as a secondary use to a permitted use; in addition to the uses of the C2 Zone.
Site Regulations
d)
The dwelling unit shall be limited to the interior of the existing building
Township of Warwick Zoning By-law
73
e)
The Ground Floor Area of the dwelling unit shall be a minimum 42 square metres and the
maximum shall not exceed 188 square metres.
f)
The provisions of the C2 Zone shall apply to lands zoned C2(2).
Township of Warwick Zoning By-law
74
SECTION 13 - RURAL COMMERCIAL (C3) ZONE
13.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Rural Commercial (C3) Zone except for one
or more of the following Uses:
a)
Abattoir
Agricultural Service Establishment
Agricultural Supply Establishment
Agricultural Implement Sales Establishment
Animal Hospital
Flea Market
Farmers Market
Stock Yard
b)
Buildings, Structures and Uses Accessory to a Permitted Use
13.2
HOLDING ZONES
13.3
RURAL COMMERCIAL (C3) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard C3 Zone. If a
regulation or Use is not specified, the list of Permitted uses in Section 13.1 and/or the regulations of Table
A shall apply.
13.3.1 RURAL COMMERCIAL C3(1) ZONE
Permitted Uses
a)
Any Use Permitted in the C3 Zone
b)
Existing Motor Vehicle Repair and Service Establishment
c)
Buildings, Structures and Uses Accessory to a Permitted Use
13.3.2 RURAL COMMERCIAL C3(2) ZONE
Permitted Uses
a)
Any Use Permitted in the C3 Zone
b)
The sale and service of motorcycles, four-wheelers, snowmobiles, jet-skis and sea-doos as a
secondary Use to the Existing Agricultural Sales Establishment
c)
Buildings, Structures and Uses Accessory to a Permitted Use
Site Regulations
a)
The display and storage of recreational motor vehicles shall be limited to the interior of the
building and 20% of the total outdoor display area.
Township of Warwick Zoning By-law
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SECTION 14 - SERVICE CENTRE COMMERCIAL (C4) ZONE
14.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Service Centre Commercial (C4) Zone
except for one or more of the following Uses:
a)
Motor Vehicle Repair Establishment
Motor Vehicle Service Establishment
Bonded Warehouse
Drive-in Restaurant
Fruit Market
Gift Shop
Hotel
Motel
Office
Gasoline Retail Facility, With Accessory Convenience Store
Truck Stop
b)
Buildings, Structures and Uses, including Offices and a Dwelling Unit, Accessory to a Permitted
Use.
14.2
HOLDING ZONES
SERVICE CENTRE COMMERCIAL C4(H) ZONE
Permitted Uses
Uses lawfully existing on the day this By-law was passed.
Provisions for the Removal of the Holding "H" Symbol
The "H" symbol shall be removed only after the Ministry of Environment and Energy (or its designated
agent) has provided written authorization approving a private sewage system and when Council is
satisfied that new development will comply with municipal Zoning and site plan control regulations.
14.3
SERVICE CENTRE COMMERCIAL (C4) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard C4 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 14.1 and/or the regulations of
Table A shall apply.
Township of Warwick Zoning By-law
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SECTION 15 - MIXED COMMERCIAL INDUSTRIAL (CM) ZONE
15.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Mixed Commercial Industrial (CM) Zone
except for one or more of the following Uses:
a)
Agricultural Supply Establishment
Building Supply Establishment
Bulk Sales Establishment
Bulk Fuel Depot
Cannabis Production Facility (B/L 89/19)
Commercial Storage
Farm Implement Sales Establishment
Farm Produce Processing Establishment
General Industrial Use
Golf Driving Tee or Range
Grain Elevator
Light Industrial Use
Lumber Yard
Drive-In Restaurant
Travel Trailer Sales Establishment
Truck Transport Terminal
Tourist Centre
Warehouse
b)
Buildings, Structures and Uses Accessory to a Permitted Use
15.2
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY
Notwithstanding any other provisions of this By-law, where a Mixed Commercial Industrial (CM) Zone
abuts a railway Right-Of-Way, no yard shall be required.
15.3
HOLDING ZONES
MIXED COMMERCIAL INDUSTRIAL HOLDING CM (H) ZONE
Permitted Use
Buildings, structures and uses lawfully existing on the day the By-law was passed.
Provisions for the Removal of the Holding "H" Symbol
To ensure the orderly development of lands and the adequate provision of municipal services, the "H"
symbol shall be removed only after the Ministry of Environment & Energy (or its designated agent) has
provided written authorization approving a private sewage system and when Council is satisfied that new
development will comply with municipal zoning and site plan control regulations.
15.4
MIXED COMMERCIAL INDUSTRIAL (CM) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard CM Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 15.1 and/or the regulations of
Table A shall apply.
15.4.1 MIXED COMMERCIAL INDUSTRIAL CM(1) ZONE
Permitted Uses
a)
Any use Permitted in the CM Zone
b)
Existing Dwelling Units
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15.4.2 MIXED COMMERCIAL INDUSTRIAL CM(2) ZONE
Permitted Uses
a)
Any use Permitted in the CM Zone
b)
Existing Gasoline Retail Facility, with accessory convenience store
15.4.3 MIXED COMMERCIAL INDUSTRIAL CM(3) ZONE
Permitted Uses
a)
Any use Permitted in the CM Zone
b)
Existing Church
15.4.4 MIXED COMMERCIAL INDUSTRIAL CM(4) ZONE
Permitted Uses
a)
Any use Permitted in the CM Zone
b)
Any use Permitted in the C2 Zone
c)
Data Processing Establishment
Flea Market
Gift Shop
Printing Establishment
Prohibited Uses
a)
Lumber Yard
Truck Transport Terminal
Light Industrial Use
Farm Produce Processing Establishment
Private Club
Site Regulations
The regulations of the Highway Commercial (C2) Zone shall apply.
15.4.5 MIXED COMMERCIAL INDUSTRIAL CM(5) ZONE
Permitted Uses
a)
Any use Permitted in the CM Zone
b)
An Office Use to a maximum of 300 square metres of Ground Floor Area per Lot
Site Regulations
c)
The Zone regulations in Table A applicable to the C2 Zone shall apply in the CM(5) Zone
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15.4.6 MIXED COMMERCIAL INDUSTRIAL CM(6) ZONE
Permitted Uses
a)
Any use permitted in the CM zone
b)
Buildings, Structures and Uses Accessory to a Permitted Use.
c)
A Personal Service Establishment use to a maximum of 90 square meters of Ground Floor area.
d)
Accessory Convenience use to a maximum of 90 square meters of Ground Floor area.
e)
Garden Centre
Site Regulations
f)
Minimum Front lot line setback:
20m
Minimum Exterior lot line setback:
15m
Minimum Interior lot line setback:
10m
Minimum Rear lot line setback:
10m
g)
All other provisions of the CM Zone shall apply to lands zoned.
15.4.7 MIXED COMMERCIAL INDUSTRIAL CM(7) ZONE (B/L 95/18)
Permitted Uses
a)
Any use permitted in the CM zone
b)
Buildings, Structures and Uses Accessory to a Permitted Use
c)
Wholesale establishment
d)
Automotive parts and automotive accessory sales
e)
All other provisions of the CM Zone shall apply to lands zoned
Zone Regulations
Within the CM(7) Zone "Automotive parts and automotive accessory sales" means a retail store primarily
engaged in the retail sale of vehicle parts, accessories and tools.
15.4.8 MIXED COMMERCIAL INDUSTRIAL CM(8) ZONE (B/L 89/19)
Permitted Uses
a)
Any use permitted in the CM zone
b)
Buildings, Structures and Uses Accessory to a Permitted Use.
Site Regulations
Minimum Interior Side Yard setback:
4 metres
Maximum Lot Coverage
39%
15.4.9 MIXED COMMERCIAL INDUSTRIAL CM(9) ZONE (B/L 12/22)
Permitted Uses
a)
Any use permitted in the CM zone
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b)
Motor Vehicle Washing Establishment
c)
Buildings, Structures and Uses Accessory to a Permitted Use.
15.4.10 MIXED COMMERCIAL INDUSTRIAL CM(10) ZONE
Permitted Uses
a)
Any use permitted in the CM zone
b)
Motor Vehicle Sales Establishment
Zone Regulations
a)
Notwithstanding the minimum parking requirements in Section 3.27.1, vehicle parking for an Auto
Washing Establishment or a Motor Vehicle Washing Establishment shall be provided at a
minimum rate of 1 Parking Space per 28 square metres of Gross Floor Area.
b)
Notwithstanding Section 3.27.9
a)
Automatic motor vehicle washing establishments shall have on their premises sufficient
space for the storage and movement of at least 5 automobiles in advance of the 1
automobile at the terminus of each wash line.
b)
Self-service motor vehicle washing establishments shall have on their premises sufficient
space for the storage and movement of at least 3 automobiles in advance of each wash
stall.
c)
The zone regulations in Table A that are applicable to the OS2 Zone shall apply to this
zone.
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SECTION 16 - INDUSTRIAL (M1) ZONE
16.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Industrial (M1) Zone or Industrial (M1) Zone
variation except for one or more of the following Uses:
a)
Auction Hall
Building or Contracting Establishment
Commercial Recreation Establishment
Commercial Storage
Contractors Yard
Dry Cleaning Depot
Dry Cleaning Establishment
Food, Tobacco and Beverage Processing Industries
General Industrial Use
Grain Elevator
Light Industrial Use
Motor Vehicle Repair Establishment,
Motor Vehicle Washing Establishment
Motor Vehicle Service Establishment
Public Garage
Parking Lot
Recycling Depot
Repair and Rental Establishment
Service Trade
Truck Transport Terminal
Warehouse Establishment
Wholesale Establishment
b)
Buildings, Structures and Uses Accessory to a Permitted Use
16.2
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY
Notwithstanding any other provisions of this By-law, where a General Industrial (M1) Zone abuts a railway
Right-Of-Way, no yard shall be required.
16.3
HOLDING ZONES
INDUSTRIAL M1(H) ZONE
Permitted Uses
Buildings, structures and uses lawfully existing on the day the By-law was passed.
Provisions for the Removal of the Holding "H" Symbol
The "H" symbol shall be removed only after the Ministry of Environment & Energy (or its designated
agent) has provided written authorization approving a private sewage system and when Council is
satisfied that new development will comply with municipal zoning and site plan control regulations
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16.3.1 INDUSTRIAL M1(H)1 ZONE
Permitted Use
Buildings, structures and uses lawfully existing on the day the By-law was passed
Provisions for the Removal of the Holding "H" Symbol
The "H" symbol shall be removed only after the municipality is satisfied that municipal services are
adequate and/or the Ministry of Environment & Energy (or its designated agent) has provided written
authorization approving a private sewage system and when Council is satisfied that new development will
comply with municipal zoning and site plan control regulations
16.3.2 INDUSTRIAL M1(H)2 ZONE
Permitted Use
Buildings, structures and uses lawfully existing on the day the by-law was passed
Provisions for the Removal of the Holding "H" Symbol
The "H" symbol shall be removed only after the municipality is satisfied that municipal services are
adequate and/or the Ministry of Environment & Energy (or its designated agent) has provided written
authorization approving a private sewage system and a tree preservation plan completed by a certified
professional. Furthermore, Council must be satisfied that new development will comply with municipal
zoning and site plan control regulations.
16.4
INDUSTRIAL (M1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard M1 Zones. If a
regulation or Use is not specified, the list of Permitted Uses in Section 16.1 and/or the regulations of
Table A shall apply.
16.4.1 INDUSTRIAL 1(1) M1(1) ZONE
Permitted Uses
a)
Uses lawfully existing on the day this By-law was passed.
b)
All Buildings and Structures existing on the day this By-law was passed.
c)
Buildings, Structures and Uses Accessory to a Permitted Use including Open Storage and Office
Uses.
Site Regulations
a)
The minimum Lot Area, Lot Frontage, Front Yard Depth, Side Yard Width, Rear Yard Depth shall
remain as they existed on the day this By-law was passed.
b)
Notwithstanding any provisions of the By-law to the contrary, for those lands Zoned M1(1), the
following Open Storage Setbacks, Location, Height and Surface Treatment shall apply:
8.20 metres (27 feet) minimum from the Huron Street Lot Line, and
4.57 metres (15 feet) minimum from the John Street Lot Line
Open storage may be Permitted in the Front Yard subject to compliance with the aforementioned
minimum required Open Storage Lot Line Setback.
The total height of material stored adjacent to the aforementioned wood fence shall not exceed 2.13
metres (7 feet).
All open areas shall be surfaced with crushed asphalt.
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Fencing
A 2.4 metre high (minimum) solid wood fence shall be provided parallel to the Huron and John Street Lot
Lines, at a distance back from these Lot Lines which is equal to the Open Storage Setbacks, except
where a required Sight Triangle necessitates an alternate alignment or where interrupted by a Driveway.
16.4.2 INDUSTRIAL M1(2) ZONE (B/L 14/20)
Permitted Uses
a)
Asphalt/Concrete Batching Plant
i.
For the purposes of this zone, Concrete Batching Plant shall be defined as:
"An industrial establishment used for the production of asphalt, concrete or ready mix
products used in the building or construction trades and includes facilities for the
administration and management of the business, the stockpiling of bulk materials used in the
production process or a finished product manufactured on the premises and the storage and
maintenance of required equipment but does not include the Retail sale of finished products.
b)
Buildings, Structures and Uses Accessory to a Permitted Use.
Site Regulations
The zone regulations in Table A that are applicable to the M1 Zone shall apply to this zone with the
exception of the following:
a)
50 metres (164 ft.) maximum height for accessory Storage Depot(s).
16.4.3 INDUSTRIAL M1(3) ZONE (B/L 84 of 2024)
Permitted Uses
a)
Any use Permitted in the Industrial M1 Zone
b)
Single Detached Dwelling
c)
Buildings, Structures and Uses Accessory to a Permitted Use
Site Regulations
a)
The regulations of the Industrial M1 Zone shall apply to industrial uses.
b)
The regulations of the Residential 1 (R1) Zone shall apply to residential uses.
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SECTION 17 - LIGHT INDUSTRIAL (M2) ZONE
17.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Light Industrial (M2) Zone except for one or
more of the following Uses:
a)
Auction Hall
Bakery
Business Service Establishment
Laboratory
Contractor's Yard or Shop
Commercial Storage
Light Industrial Use
Recycling Depot
Repair and Rental Establishment
Research and Development Establishment
Service Trade
Motor Vehicle Sales Establishment
Motor Vehicle Service Establishment
Warehouse
Public Garage
Parking Lot
b)
Buildings, Structures and Uses Accessory to a Permitted Use
17.2
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY
Notwithstanding any other provisions of this By-law, where a Light Industrial (M2) Zone abuts a railway
Right-Of-Way, no yard shall be required.
17.3
HOLDING ZONES
17.4
LIGHT INDUSTRIAL (M2) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard M2 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 17.1 and/or the regulations of
Table A shall apply.
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SECTION 18- INDUSTRIAL WASTE DISPOSAL (M3) ZONE
18.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Industrial Waste Disposal (M3) Zone except
for one or more of the following Uses:
a)
Waste Disposal Site For Non Hazardous, Solid Wastes
b)
Buildings, Structures and Uses Accessory to a Permitted Use
18.2
HOLDING ZONES
18.3
INDUSTRIAL WASTE DISPOSAL (M3) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard M3 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 18.1 and/or the regulations of
Table A shall apply.
18.3.1 INDUSTRIAL WASTE DISPOSAL M3(1) ZONE EXCEPTIONS
Land fill Site
The "Landfill site" is the area zoned as M3(1) Zone.
Landfilling Area
The landfilling area means the area described on Exhibit 4-1 in the "Warwick Landfill Expansion
Environmental Assessment" as approved on January 15, 2007 by the Minister of the Environment.
Permitted Uses
The landfilling uses permitted in the "Landfill Site" designation are:
(a)
disposal in the landfilling area, depositing for handling and receipt of non-hazardous solid waste.
The disposal of non-hazardous solid waste is limited to the landfilling area that is approved under
the provisions of the Environmental Protect Act and under a Certificate of Approval for a Waste
Disposal Site under the Environmental Protection Act.
(b)
disposal only within the landfilling area of contaminated soil monofil from the existing landfill;
(c)
processing of waste materials - asphalt, concrete, wood and tires;
(d)
a composting facility utilizing leaf, tree and yard wastes and agricultural crop residue;
(e)
a recycling depot;
(f)
a transfer area;
(g)
Ancillary and Accessory Uses and activities within the "Landfill Site" such as, but not limited to:
(i)
administrative office building;
(ii)
weigh scales and scale house;
(iii)
equipment maintenance facilities;
(iv)
truck parking area;
(v)
storage buildings;
(vi)
borrow pit operation for landfill cover material;
(vii)
excess soil stockpiles;
(viii)
leachate collection, treatment and storage facilities,
(ix)
landfill gas collection, recovery and treatment facilities;
(x)
stormwater management facilities;
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(xi)
sedimentation pond facilities;
(xii)
air monitoring facilities;
(xiii)
forestry;
(xiv)
accessory parking for adjacent cemetery;
(xv)
education and interpretive centre
Prohibited Uses subject to a further amendment to this By-law
In the "Landfill Site" independent energy-from-waste and energy-from-gas enterprises.
Landfill Site Regulations
Notwithstanding Section 4.7 and Table A, no Person shall erect or use any Building or Structure except in
conformity with the following regulations:
(a)
Front Yard Depth:
60 m minimum
(b)
Interior Side Yard Width:
60 m minimum
(c)
Exterior Side Yard Width:
60 m minimum
(d)
Rear Yard Depth:
60 m minimum
Special Provisions
(a)
Notwithstanding the above, within the most southerly 500 metres of the area zoned M3(1), the
only Permitted Use is a poplar forest in conjunction with the approved leachate treatment facility.
(b)
Within the M3(1) Zone:
(i)
a permanent minimum 100 metre wide permanent buffer area adjacent to the north, west
and south sides of the approved landfilling area; and
(ii)
a minimum 30 metre wide permanent buffer area adjacent to the east side of the
landfilling area and a minimum 7 metre wide permanent buffer area adjacent to the east
side of the south landfill area, existing prior to the time of the adoption of this amendment.
Shall be provided and maintained and may only be used for landscaping features, berms, fencing,
woodland forest, stormwater management facilities, internal driveways and Buildings and Structures
Accessory and ancillary to the landfill operation.
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SECTION 19 - EXTRACTIVE INDUSTRIAL (M4) ZONE
19.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Extractive Industrial (M4) Zone except for
one or more of the following Uses:
a)
Extractive Use
Agriculture
Forestry
Conservation
Commercial Wind Turbines, but not a Wind Farm
b)
Buildings, Structures and Uses Accessory to a Permitted Use
19.2
HOLDING ZONES
19.3
EXTRACTIVE INDUSTRIAL (M4) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard M4 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 19.1 and/or the regulations of
Table A shall apply.
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SECTION 20 - INDUSTRIAL RECYCLING (M5) ZONE
20.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Industrial Recycling (M5) Zone except for
one or more of the following Uses:
a)
The crushing and chipping of concrete, asphalt and wood for recycling purposes
a)
The storage of recycled concrete, asphalt, wood and aggregates
b)
Buildings, Structures and Uses Accessory to a Permitted Use
20.2
HOLDING ZONES
20.3
INDUSTRIAL RECYCLING (M5) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard M4 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 20.1 and/or the regulations of
Table A shall apply.
Open Storage Regulations, Setbacks.
The minimum setback from any Zone boundary of any Open Storage in a M5 Zone shall not be less than
5 metres.
The setbacks contained in Table A shall refer to the conveyable Lot Line and not to the Zone boundaries.
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SECTION 21 - INSTITUTIONAL (I) ZONE
21.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Institutional (I) Zone except for one or more
of the following Uses:
a)
Cemetery
Church
Day Nursery
Institutional Use
Nursing Home or Rest Home
School
b)
Buildings, Structures and Uses Accessory to a Permitted Use
21.2
HOLDING ZONES
INSTITUTIONAL (H) I(H) ZONE
Permitted Uses
Uses lawfully existing on the day this By-law was passed.
Provisions for the Removal of the Holding "H" Symbol
The "H" symbol shall be removed once a site plan agreement or development agreement has been
entered into with the Township.
21.3
INSTITUTIONAL (I) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard I Zone. If a regulation
or Use is not specified, the list of Permitted Uses in Section 21.1 and/or the regulations of Table A shall
apply.
21.3.1 INSTITUTIONAL I (1) ZONE (B/L 24/2021)
Permitted Uses
a)
Any Use Permitted in the I Zone
b)
Any use Permitted in the R3 Zone
c)
Domiciliary Care Facility, Retirement Home, Home for the Aged, Long Term Care Facility,
Residential Care Facility
d)
Buildings, Structures and Uses Accessory to a Permitted Use.
Site Regulations
e)
Parking Requirement:
1 space per dwelling unit for a R3 use
f)
Minimum Lot Area:
105 m2 per dwelling unit for a R3 use
g)
Interior Side Yard Setback:
0.5m
h)
Exterior Side Yard Setback:
4.0m
i)
All other provisions of the I Zone shall apply.
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SECTION 22 - OPEN SPACE 1 (OS1) ZONE REGULATIONS
22.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Open Space 1 (OS1) Zone except for one
or more of the following Uses:
a)
Conservation
Forestry
Passive Recreation
Public Park
b)
Buildings, Structures and Uses Accessory to a Permitted Use
22.2
OPEN SPACE 1 (OS1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard OS1 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 22.1 and/or the regulations of
Table A shall apply.
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SECTION 23- OPEN SPACE 2 (OS2) ZONE REGULATIONS
23.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Open Space 2 (OS2) Zone except for one
or more of the following Uses:
a)
Active Recreation
Campground
Community Centre
Fairground
Forestry
Golf Course
Golf Driving Tee or Range
Public Park
Private Park
b)
Accessory Uses Including Buildings and Structures
23.2
OPEN SPACE 2 (OS2) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard OS2 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 23.1 and/or the regulations of
Table A shall apply.
23.2.1 OPEN SPACE 2(1) (OS2(1) ZONE EXCEPTIONS (B/L 6/22)
Permitted Uses
a)
An Agricultural Use, Exclusive of Buildings and Structures and inclusive of Livestock up to a
maximum of 4 Animal Units
b)
Single Detached Dwelling Unit Existing as of the passing of Amending By-law -06 of 2022.
c)
Campground
d)
Buildings and Structures Accessory to a Single Detached Dwelling Unit
Zone Regulations
a)
Notwithstanding the minimum parking requirements in Section 3.27.1, vehicle parking shall be
provided at a minimum rate of 1 Parking Space per Campsite with each such Parking Space
having a minimum width of 2.7 metres, and a minimum length of 5.5 metres.
b)
Where lands within this zone abut an adjacent property, a minimum landscaped buffer of 3
metres shall be provided in which no Campsite may be situated.
C)
The zone regulations in Table A that are applicable to the OS2 Zone shall apply to this zone.
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SECTION 24 - ENVIRONMENTAL PROTECTION WETLAND (EP-WET) ZONE
24.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Environmental Protection -Wetland (EP-
WET) Zone except for one or more of the following Uses:
a)
Existing Agricultural Use
b)
Passive Recreation, Exclusive of Buildings and Structures
c)
Conservation, Exclusive of Buildings and Structures
24.2
ENVIRONMENTAL PROTECTION - WETLAND (EP-WET) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard EP-WET Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 24.1 and/or the regulations of
Table A shall apply.
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SECTION 25 - ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE
25.1
PERMITTED USES
No land, Building, or Structure shall be Used or erected in the Environmental Protection Woodlot (EP-
WD) Zone except for one or more of the following Uses:
a)
An Agricultural Use, Exclusive of Buildings and Structures
b)
Passive Recreation, Exclusive of Buildings and Structures
c)
Conservation, Exclusive of Buildings and Structures
d)
Existing Single Detached Dwellings
e)
New Single Detached Dwellings on existing lots having a lot area less than or equal to 2 ha on
the date of passing of this by-law
f)
Buildings, structures and uses Accessory to a Single Detached Dwelling on the same lot
25.2
ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard EP-WD Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 25.1 and/or the regulations of
Table A shall apply.
25.2.1 ENVIRONMENTAL PROTECTION WOODLOT EP-WD(1) ZONE
Permitted Uses
a)
Any use Permitted in the EP-WD Zone
b)
Existing One Family Dwelling
c)
Existing 976 square metre shed to be used for repair, maintenance, fabrication and storage of
excavating equipment
d)
Existing Driveways and Parking Areas
25.2.2 ENVIRONMENTAL PROTECTION WOODLOT EP-WD(2) ZONE
Permitted Uses
a)
Any use Permitted in a EP-WD Zone
b)
Any use Permitted in the Extractive Industrial M4 Zone provided that a license under the
Aggregate Resources Act has been obtained from the Province and if required a development
agreement, completed by a certified professional, has been signed with the Township.
c)
Buildings, Structures and Uses accessory to a Permitted use
25.2.3 ENVIRONMENTAL PROTECTION WOODLOT EP-WD(3) ZONE
Permitted Uses
a)
Any use Permitted in a EP-WD Zone
b)
Any use Permitted in a OS1 Zone
c)
Buildings, Structures and Uses accessory to a Permitted use
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25.3
ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE SPECIAL PROVISIONS
a)
Single Detached Dwellings and Accessory Uses, where Permitted, shall comply with the
provisions of the "Agricultural 1 (A1) Zone".
b)
Buildings, Structures and Uses Accessory to a Single Detached Dwelling shall not be Erected
further than 20m from the Main Use.
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SECTION 26 - ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE
26.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Environmental Protection - Hazard (EP-H)
Zone except for one or more of the following Uses:
a)
An Agricultural Use, Exclusive of Buildings and Structures
b)
Active Recreation, Exclusive of Buildings and Structures where Active Recreation is a Permitted
Use in an abutting Zone
c)
Passive Recreation, Exclusive of Buildings and Structures
d)
Buildings and Structures required for the safety of persons living in or adjacent to the
Environmental Protection - Hazard (EP-H) Zone.
26.2
ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard EP-H Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 26.1 and/or the regulations of
Table A shall apply.
26.2.1 ENVIRONMENTAL PROTECTION HAZARD EP-H(1) ZONE
Permitted Uses
a)
Any use Permitted in the EP-H Zone
b)
Extractive Use consistent with aggregate extraction license
c)
Existing Driveways and Parking Areas
d)
Buildings, Structures and Uses Accessory to a Permitted Use
26.2.2 ENVIRONMENTAL PROTECTION HAZARD (2) EP-H(2) ZONE
Permitted Uses
a)
Any use Permitted in the EP-H Zone except an agricultural use.
26.2.3 ENVIRONMENTAL PROTECTION HAZARD (3) EP-H (3) ZONE
Permitted Uses
a)
Any Uses Permitted in the EP-H Zone
b)
Stormwater Management Pond, subject to the provision of studies demonstrating negligible
impact on nearby natural heritage features, and subsequent approval by the Conservation
Authority and Municipality.
95
APPENDIX "A" - MINIMUM DISTANCE SEPARATION
Step
Animals Type or Material
& Description (Table 1)
Manure Form
(Solid or Liquid)
Number/NU
(Table 1)
Maximum
Housing
Capacity
Nutrient
Units
Factor A
(Table 1)
Factor D
(Table 1)
1
2
Total Nutrient Unit Capacity on Lot
Total
3
Factor A (Odour Potential)
Weight Average by NU (round to 2 decimal places)
4
Factor D (Manure or Material Form)
Weight Average by NU (round to 2 decimal places)
5
Factor E (Encroaching Land Use - Table 4)
6
Potential Nutrient Units: Tillable Ha on Lot ____ x 7.5 = _____ (maximum 300)
7
8
Factor B (Nutrient Units Factor - Table 2)
(round to 2 decimal places)
9
F: Building Base Distance (m) = Factor A (3) x Factor D (4) x Factor E (5) x Factor B (8)
(round up)
10
S: Manure Storage Base Distance (m) (Tables 5 & 6)
(round up)
Required Setback from livestock occupied portion of livestock facility = F (9)
______ m
Actual: _____ m
Required Setback from manure or material storage area = S (10)
______ m
Actual: _____ m
MINIMUM DISTANCE SEPARATION I CALCULATION FORM
Final NU: Greater of Total NU on Lot (2) and Potential NU (6) (For
expansion of a settlement area identified in the Official Plan, ignore Potential NU).
TYPE A LAND USES include Industrial (excluding M4 Zones), Rural Commercial (C3 Zones) and Passive Recreation Uses
and/or Zones Permitting such Uses. For the purposes of MDS I a Dwelling or up to three new non-Agricultural Lots are also
Type A Land Uses. For the purposes of MDS II, Dwellings and residential Uses are not recognized as residential areas in the
Town Official Plan, or Cemeteries located in an Agricultural Zone are also Type A Land Uses.
TYPE B LAND USES include Institutional, Active Recreation and Commercial (excluding C3 Zones) Uses and/or Zones
Permitting such Uses. For the purposes of MDS I, Cemeteries, a Building with three or more Dwelling Units, expansion of a
settlement area, more than three new non-Agricultural Lots, Zones for residential Use, or a consent that would result in four
contiguous residential Lots are also Type B Land Uses. For the purposes of MDS II, Cemeteries are not in an Agricultural
Zone and areas specifically designated in the Town Official Plan as residential or settlement areas are also Type B Land Uses.
96
Step
Animals Type or Material
& Description
(Table 1)
Manure
Form
(Solid or
Liquid)
Number/
NU
(Table 1)
Maximum
Housing
Capacity 3
Years Ago
(1)
NU 3
Years
Ago
(1)
Added
Maximum
Housing
Capacity
(1)
Added
NU
(1)
Final
NU
Factor A
(Table 1)
Factor D
(Table 1)
1
2
Total Nutrient Unit Capacity on Lot
Totals
3
Factor A (Odour Potential)
Weight Average by Added NU (round to 2 decimal places)
4
Factor D (Manure or Material Form)
Weight Average by Added NU (round to 2 decimal places)
5
Factor B (Nutrient Units Factor - Table 2 - based on Total Final NU)
(round to 2 decimal places)
6
Percentage Increase (%) = (Total Added NU / Total NU 3 Years Ago) x 100
7
Factor C (Orderly Expansion Factor - Table 3)
(round to max 4 decimal places)
8
F: Building Base Distance (m) = Factor A (3) x Factor D (4) x Factor B (5) x Factor C (7)
(round up)
9
S: Manure Storage Base Distance (m) (Tables 5 & 6)
(round up)
Factor
Actual
Setback
(m)
Type A Land Uses
1
Type B Land Uses
2
Interior Side or Rear Lot Line (max 30m)*
0.1
Exterior Side or Front Lot Line*
0.2
*Round to nearest whole number
MDS II SUMMARY
MINIMUM DISTANCE SEPARATION II CALCULATION FORM
(1) Any livestock facility capacity for which a building permit was issued less than 3 years prior to the current building permit
application submission date (and including the current building permit application) is to be considered added capacity. Added
capacity could be negative.
Required
Setback (m)
('F' x Factor)
Required
Setback (m)
('S' x Factor)
Actual Setback
(m)
Livestock Occupied Portion
Manure Storage
Base Distance S = ____ m
Base Distance F = ____ m
97
Liquid Manure:
Factor D = 0.8
<18% Dry Matter
Solid Manure:
Factor D = 0.7
18 - 100% Dry Matter
Sows with litter, dry sows/boars
Segregated Early Weaning (SEW)
3.33
Sows with litter, dry sows or boars (non-
SEW)
3.5
Breeder gilts (entire barn designed
specifically for this purpose)
5
Weaners (7 kg -27 kg)
20
1 .1
Feeders (27 -105 kg)
6
1.2
Milking-age cows (dry or milking)
Large-framed; 545 kg - 636 kg (e.g.
Holsteins)
0.7
Medium-framed; 455 kg - 545 kg (e.g.
Guernseys)
0.85
Small-framed; 364 kg - 455 kg (e.g.
Jerseys)
1
Heifers (5 months to freshening)
Large-framed; 182 kg - 545 kg (e.g.
Holsteins)
2
Medium-framed; 148 kg - 455 kg (e.g.
Guernseys)
2.4
Small-framed; 125 kg - 364 kg (e.g.
Jerseys)
2.9
Calves (0 -5 months)
Large-framed; 45 kg - 182 kg (e.g.
Holsteins)
6
Medium-framed; 39 kg - 148 kg (e.g.
Guernseys)
7
Small-framed; 30 kg - 125 kg (e.g.
Jerseys)
8.5
Cows, including calves to weaning (all
breeds)
1
0.7
N/ A
Feeders (7 -16 months)
3
Backgrounders (7 - 12.5 months)
3
Shortkeepers (12.5 - 17.5 months)
2
Milk-fed
6
1.1
Grain-fed
6
0.8
Does & bucks (for meat kids; includes
unweaned offspring & replacements
8
Does & bucks (for dairy; includes
unweaned offspring & replacements)
8
Kids (dairy or feeder kids)
20
Ewes & rams (for meat Iambs; includes
unweaned offspring & replacements)
8
Ewes & rams (dairy operation; includes
unweaned offspring & replacements)
6
Lambs (dairy or feeder Iambs)
20
1.0
Most systems have
liquid manure
stored under the
barn slats for short
or long periods, or
in storages located
outside
Systems with solid
manure inside on
deep bedded packs,
or with scraped
alleys
Slatted floors or
slatted stall system
Manure or Material Form in Permanent
Storage
Dairy Cattle1
Tie-stall barns with
lots of bedding, or
loose housing with
deep bedded pack,
and with or without
outside yard access
Bedded pens or
stalls or heavily
bedded calf hutches
that are outside
Factor
A
Number
per NU
Description
Animal Type
or Material
0.7
Swine
Beef Cattle
0.8
Slatted floor
systems, or barns
with minimal
bedding & yard
scraped to a liquid
storage
Bedded pack barns
with or without
outside yard access
Heavily bedded
pack barns
Veal
Goats
0.7
N/ A
Heavily bedded
pack barns
All sheep systems
N/ A
0.7
Sheep
Free-stall barns
with minimal
bedding or sand
bedding, or tie-stall
barns with minimal
bedding & milking
centre washwater
added
TABLE 1: Factor A (Odour Potential) and Factor D (Manure or Material Form in Storage Facility)
98
99
Liquid Manure:
Factor D = 0.8
<18% Dry Matter
Solid Manure:
Factor D = 0.7
18 - 100% Dry Matter
Large-framed, mature; > 681 kg
(including unweaned offspring)
0.7
Medium-framed, mature; 227 kg - 680
kg (including unweaned offspring)
1
Small-framed, mature; < 227 kg
(including unweaned offspring)
2
Layer hens (for eating eggs; after
transfer from pullet barn)
150
1.0
Layer pullets (day olds until transferred
into layer barn)
500
0.7
Broiler breeder growers (males/ females
transferred out to layer barn)
300
0.7
N/A
Bedded floors
Broiler breeder layers (males/females
transferred in from grower barn)
100
0.7
N/A
Cage or slatted floor
systems
Broilers on 8 week cycle
350
Broilers on 9 week cycle
300
Broilers on 10 week cycle
250
Broilers on 12 week cycle
200
Broilers on any other cycle, or if
unknown, use 24.8 m2/NU
24.8 m2
Turkey pullets (day old until transferred
to layer turkey barn)
267
Turkey breeder layers (males/females
transferred in from grower barn)
67
Breeder toms
45
Broilers (day olds to 6.2 kg)
133
Hens (day olds up to 6.2 kg to 10.8 kg;
7.5 kg is typical)
105
Toms (day olds to over 10.8 to 20 kg;
14.5 kg is typical)
75
Turkeys at any other weights, or if
unknown, use 24.8 sq m/NU
24.8 m2
Quail
Use 24.8 m2/NU
24.8 m2
Partridge
Use 24.8 m2/NU
24.8 m2
Pheasants
Use 24.8 m2/NU
24.8 m2
Squab
Use 24.8 m2/NU
24.8 m2
Rheas
Adults (includes replacements & market
birds)
13
Emus
Adults (includes replacements & market
birds)
12
Ostriches
Adults (includes replacements & market
birds)
4
Peking
105
Muscovy, use 24.8 m2/NU
24.8 m2
Geese
Use 24.8 m2/NU
24.8 m2
Rabbits
Breeding females (including males,
replacements & market animals)
40
Chinchillas
Breeding females (including males,
replacements & market animals)
320
Fox
Breeding females (including males,
replacements & market animals)
25
Mink
Breeding females (including males,
replacements & market animals)
90
N/A
Cage or floor
systems
1.0
0.7
Horses
Animal Type
or Material
(Table 1,
Page 2 of 3)
Manure or Material Form in Permanent
Storage
Factor
A
N/ A
Turkeys
Birds in cages,
manure belts, no
drying of manure,
water added
Birds in cages,
manure belts &
drying, or floor
systems
Chickens
0.7
N/A
Bedded floor
systems
0.7
N/ A
Bedded floor
systems
0.7
N/A
Bedded floor
systems
0.8
Wire mesh flooring
systems
Bedded floor
systems
Ducks
All horse systems
0.8
Number
per NU
Description
100
Liquid Manure:
Factor D = 0.8
<18% Dry Matter
Solid Manure:
Factor D = 0.7
18 - 100% Dry Matter
Adults (includes unweaned calves &
replacements)
1.3
Feeders (170kg - 477kg)
4
Adults (includes unweaned young &
replacements)
5
Feeders (45kg - 86kg)
16
Adults (includes unweaned young &
replacements)
8
Feeders (23kg - 48kg)
26
Breeding age sows (includes boars,
replacements & weaned piglets to 27kg)
5
Finishing boars (27 kg -86 kg)
7
White tailed deer
-Adults> 24 mo (including unweaned
offspring
11
-Feeders
21
Red deer
-Adults> 24 mo (including unweaned
offspring)
7
-Feeders
14
Elk
-Adults> 24 mo (including unweaned
offspring)
2
-Feeders
6
Elk/deer hybrids
-Adults> 24 mo (including unweaned
offspring)
4
-Feeders
10
Fallow deer
-Adults> 24 mo (including unweaned
offspring)
13
-Feeders
23
Other livestock
not listed in this
table
To determine the number per NU, add
up the total maximum live weight of
animals and divide by the weight of
animals per NU in the next column
453.6 kg
(1000
Ibs)
0.8
All storages with
liquid manure
All storages with
solid manure
Manure
imported to a
lot not
generating
manure2
Maximum capacity of permanent
storages at any time: solid or liquid
capacity
19.8 m3
(700 ft3)
1.2
All storages with
liquid manure
All storages with
solid manure
Storages for
digestate from
an Anaerobic
Digester
(odours
reduced during
this process)
Maximum capacity of permanent
storages at any time: solid or liquid
capacity
19.8 m3
(700 ft3)
0.5
All storages with
liquid manure
All storages with
solid manure
Bison
Llama
Alpaca
Wild Boar
1. On farms with 100 milking-age cows [dry & milking), there are usually about 20 replacement calves and 80 replacement heifers.
2. Average value for typical types of manures that might be imported to a lot, such as poultry, dairy, beef, swine, horse or other manure.
N/A = Not Applicable
Deer
Bedded pack barns
with outside access
OR outside
confinement areas
N/ A
0.7
Animal Type
or Material
(Table 1,
Page 3 of 3)
Description
Number
per NU
Factor
A
Manure or Material Form in Permanent
Storage
101
102
66
285
240
429
68
287
245
432
43
0.7666
6
153
70
289
250
435
44
0.7728
7
157
72
291
260
441
1
0.5062
45
0.7790
8
160
74
293
270
447
2
0.5124
46
0.7852
9
163
76
294
280
453
3
0.5186
47
0.7914
10
167
78
296
290
458
4
0.5248
48
0.7976
11
170
80
298
300
464
5
0.5310
49
0.8038
12
173
82
300
310
469
6
0.5372
50
0.8100
13
177
84
301
320
474
7
0.5434
55
0.8167
14
180
86
303
330
480
8
0.5496
60
0.8230
15
183
88
305
340
485
9
0.5558
65
0.8294
16
187
90
307
350
490
10
0.5620
70
0.8357
17
190
92
309
360
494
11
0.5682
75
0.8420
18
193
94
310
370
499
12
0.5744
80
0.8484
19
197
96
312
380
504
13
0.5806
85
0.8547
20
200
98
314
390
508
14
0.5868
90
0.8610
21
202
100
316
400
513
15
0.5930
95
0.8674
22
204
102
318
410
517
16
0.5992
100
0.8737
23
206
104
320
420
522
17
0.6054
105
0.8800
24
208
106
322
430
526
18
0.6116
110
0.8864
25
210
108
324
440
530
19
0.6178
115
0.8927
26
212
110
326
450
535
20
0.6240
120
0.8990
27
214
112
329
460
539
21
0.6302
125
0.9054
28
216
114
331
470
543
22
0.6364
130
0.9117
29
218
116
333
480
547
23
0.6426
135
0.9180
30
220
118
335
490
551
24
0.6488
140
0.9244
31
222
120
337
500
555
25
0.6550
145
0.9307
32
224
122
339
520
562
26
0.6612
150
0.9371
33
226
124
340
540
570
27
0.6674
160
0.9497
34
228
126
342
560
577
28
0.6736
170
0.9624
35
230
128
344
580
584
29
0.6798
180
0.9751
36
232
130
346
600
591
30
0.6860
190
0.9877
37
234
135
351
620
598
31
0.6922
200
1.0000
38
236
140
355
640
605
32
0.6984
300
1.0280
39
238
145
360
660
611
33
0.7046
400
1.0560
40
240
150
364
680
618
34
0.7108
500
1.0840
41
242
155
368
700
624
35
0.7170
600
1.1120
42
244
160
372
750
639
36
0.7232
43
246
165
376
800
654
37
0.7294
44
248
170
380
850
668
38
0.7356
45
250
175
384
900
681
39
0.7418
46
252
180
388
950
694
40
0.7480
47
254
185
392
1000
707
41
0.7542
48
256
190
395
1100
731
42
0.7604
49
258
195
399
1200
753
50
260
200
402
1300
775
52
264
205
406
1400
795
54
268
210
409
1500
815
56
272
215
413
2000
870
58
276
220
416
3000
980
60
280
225
419
4000
1090
700% or
more or first
Livestock
Facility on
Lot
1.1400
0.5000
Final
NU
Factor
B
Factor C
% Increase
in NU
150
5 or
Less
Factor C
TABLE 2: Factor B (Nutrient Units Factor)
0% or
Decrease
% Increase
in NU
TABLE 3: Factor C
(Orderly Expansion Factor)
Final
NU
Factor
B
Final
NU
Factor
B
103
Factor E
1.1
2.2
*See Section 2, Definitions, in Zoning By-law.
TABLE 5: Permanent Manure or Material Storage Types
Solid Manure: 18% dry matter, or more
Liquid Manure: Less than 18% dry matter
Digestate: Less than 18% dry matter
Storage
Odour
Potential
Solid or
Liquid
System
Inside or
Outside
Livestock
Facility
Number
referred to
in Table 6
Description of permanent manure storages being sited
by MDS II, or encroached upon through MDS I
application
Inside
V1
Solid, inside, bedded pack (manure accumulates under
livestock over time)
V2
Solid, outside, covered (cover keeps off precipitation to
prevent runoff)
V3
Solid, outside, no cover, greater than or equal 30% dry
matter (manure is dry enough that a flowpath option can be
used for runoff control (Nutrient Management Act, 2002)
V4
Solid, outside, no cover, 18% to less than 30% dry matter,
with covered liquid runoff storage (manure not dry enough to
soak up precipitation, so a liquid runoff storage needed but it
has a permanent, tight cover)
Inside
V5
Liquid, inside, underneath slatted floor (manure is stored
under the animals in the barn)
V6
Liquid, outside, with a permanent, tight fitting cover
(negative pressure tarp, concrete lid, inflatable dome, etc.)
V7
Liquid, (digestate), outside, no cover (all manure has been
treated through anaerobic digestion, or a similar process
that reduces odours)
Solid
Outside
L1
Solid, outside, no cover, 18% to less than 30% dry matter,
with uncovered liquid runoff storage (manure not dry enough
to soak up precipitation, so a liquid low runoff storage
needed, but it is uncovered, producing more odour than in
V4 above)
Liquid
Outside
L2
Liquid, outside, with a permanent floating cover (tarps, foam
panels, etc.)
M1
Liquid, outside, no cover, straight-walled storage (usually
circular or rectangular, concrete or steel storages)
M2
Liquid, outside, roof, but with open sides (roof keeps off
precipitation, but the open sides allow wind to travel over the
manure and carry odours)
High
Liquid
Outside
H1
Liquid, outside, no cover, sloped-sided storage (earthen
manure storages, but not earthen runoff storages associated
with a solid manure storage which are L 1 above)
Outside
Solid
Liquid
Encroaching Land Use
Type A Land Use*
Type B Land Use*
TABLE 4: Factor E (Encraoching Land Use Factor)
Outside
Very Low
Low
Medium
Liquid
Outside
104
Very Low
Low
Medium
High
Odour Storages
V1 to V7
Odour Storages
L1 to L2
Odour Storages
M1 to M2
Odour Storages
H1
40
40
64
136
232
50
50
74
145
240
60
60
84
154
248
70
70
93
163
256
80
80
103
172
264
90
90
113
181
272
100
100
123
190
280
110
110
132
199
288
120
120
142
208
296
130
130
152
217
304
140
140
162
226
312
150
150
171
235
320
160
160
181
244
328
170
170
191
253
336
180
180
201
262
344
190
190
210
271
352
200
200
220
280
360
210
210
230
289
368
220
220
240
298
376
230
230
249
307
384
240
240
259
316
392
250
250
269
325
400
260
260
279
334
408
270
270
288
343
416
280
280
298
352
424
290
290
308
361
432
300
300
318
370
440
310
310
327
379
448
320
320
337
388
456
330
330
347
397
464
340
340
357
406
472
350
350
366
415
480
360
360
376
424
488
370
370
386
433
496
380
380
396
442
504
390
390
405
451
512
400
400
415
460
520
420
420
435
478
536
440
440
454
496
552
460
460
474
514
568
480
480
493
532
584
500
500
513
550
600
600
600
610
640
680
800
800
805
820
840
1000
1000
1000
1000
1000
Table 6: MDS I/II Separation Distances for Permanent Manure Storage
Greater than 1000 m
Storage Separation Distances Based on Relative Odour Potential -
Storage Base Distance, 'S' (m)
Building Base Distance
(m) for MDS II ('F'), or
Encroachment Base
Distance for MDS I ('F')
Storage Base Distance, 'S', should be the same as Building Base Distance or
Encroachment Base Distance -'F'