Zoning By-law 121 of 2012 - Full Document, consolidation October 2024

Warwick, Ontario · No. 121 · adopted 2012-12-12 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 9868d7a70c49 · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

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 6 "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 7 "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 8 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 9 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. Township of Warwick Zoning By-law 13 "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 14 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 15 "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 16 "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 18 "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 19 "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). Township of Warwick Zoning By-law 21 "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) Township of Warwick Zoning By-law 22 "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. Township of Warwick Zoning By-law 23 "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 24 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 25 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. Township of Warwick Zoning By-law 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. Township of Warwick Zoning By-law 28 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 29 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 30 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 31 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 32 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 34 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 36 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 37 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 38 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 39 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 40 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 59 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 75 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 76 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 Township of Warwick Zoning By-law 77 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 Township of Warwick Zoning By-law 78 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 Township of Warwick Zoning By-law 79 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. Township of Warwick Zoning By-law 80 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 Township of Warwick Zoning By-law 81 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. Township of Warwick Zoning By-law 82 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. Township of Warwick Zoning By-law 83 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. Township of Warwick Zoning By-law 84 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; Township of Warwick Zoning By-law 85 (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. Township of Warwick Zoning By-law 86 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. Township of Warwick Zoning By-law 87 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. Township of Warwick Zoning By-law 88 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. Township of Warwick Zoning By-law 89 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. Township of Warwick Zoning By-law 90 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. Township of Warwick Zoning By-law 91 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. Township of Warwick Zoning By-law 92 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 Township of Warwick Zoning By-law 93 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. Township of Warwick Zoning By-law 94 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'