Comprehensive Zoning By-law No. 2017-117, as amended by By-law 2024-99 (consolidated Nov. 5, 2025)
Welland, Ontario
· adopted 2017-10-17
This is the exact embedded text of the captured official document.
Snapshot dc4a017d91b6 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
City of Welland
New Comprehensive Zoning
By-law 2017-117
as Amended by By-law 2024-99
November 5, 2025
City of Welland Zoning By-law
Zoning By-law No. 2017-117
How to Use This By-law - For Reference Only | Page i
HOW TO USE THIS BY-LAW
Introduction
In order to understand the purpose and how to effectively use this Zoning By-law the
following Pages i to v provide step by step instructions. While these pages do not
technically form part of the Zoning By-law passed by Council, they are intended to make
the Zoning By-law more understandable and easier to reference.
Purpose
The purpose of the Welland Zoning By-law is to implement the policies of the City of
Welland Official Plan. The Official Plan contains policies that affect the use of land
throughout the City. These policies specify where certain land uses are permitted and,
in some instances, specify what regulations should apply to the development of certain
lands.
The Official Plan is a general document that is not intended to regulate every aspect of
the City's built form. In the Province of Ontario, this is the role of the Zoning By-law.
Once an Official Plan is in effect, any Zoning By-law passed by Council must conform to
the Official Plan. For example, if the Official Plan stated that lands in the vicinity of a
significant natural feature are to remain in their natural state, the Zoning By-law would
prohibit the erection of buildings or structures on those lands.
The statutory authority to zone land is granted by the Planning Act, as amended. The
Planning Act, as amended specifies what a Zoning By-law can regulate. A Zoning By-
law can:
-
Prohibit the use of land or buildings for any use that is not specifically
permitted by the By-law;
-
Prohibit the erection or siting of buildings and structures on a lot except in
locations permitted by the By-law;
-
Regulate the type of construction and the height, location, size, floor area,
spacing, and use of buildings or structures;
-
Regulate the minimum frontage and depth of a parcel of land;
-
Regulate the proportion of a lot that any building or structure may occupy;
-
Regulate the minimum elevation of doors, windows or other openings in
buildings or structures;
-
Require that parking and loading facilities are provided and maintained for
a purpose permitted by the By-law; and
City of Welland Zoning By-law
Zoning By-law No. 2017-117
How to Use This By-law - For Reference Only | Page ii
-
Prohibit the use of lands and the erection of buildings or structures on land
that is: subject to flooding; the site of steep slopes; rocky, low lying marshy
or unstable; contaminated; sensitive groundwater recharge area or head
water area; the location of a sensitive aquifer; a significant wildlife habitat
area, wetland, woodland, valley or area of natural and scientific interest; a
significant corridor or shoreline of a lake, river or stream; or the site of a
significant archaeological resource.
How to Use This By-law - Step by Step
In order to reference this By-law easily, a property owner should follow each of the
steps listed below to determine what permissions apply to their particular property.
1.
Locate the Property on the Zoning By-law Schedule
Maps in a Zoning By-law are called "Schedules". The first step to using this By-law
is to refer to the Zone Schedules that are contained at the back of the By-law to
determine in which zone category your property is located. The zone category will
be indicated on the Schedules by a symbol or abbreviation. For example, you may
see a symbol such as "RL2" beside your property. This would indicate that your
property is within the "Residential Low Density 2" Zone. The zone symbols or
abbreviations are listed on the first page of SECTION 3: ESTABLISHMENT OF
ZONES of this By-law.
2.
By-law Amendments
A zoning by-law is not a static document; it is amended over time as demands and
policies governing land use change. Before proceeding any further, you should
verify that your property is not the subject of an earlier zoning by-law amendment.
While the City strives to keep this By-law up to date, more recent amendments
may not be included in the version of the By-law you are using. City planning staff
will be able to assist you to confirm if your property has been subject to a more
recent by-law amendment.
3.
Zone Provisions
The next step to using this By-law is to determine what uses are permitted on your
property. Subsection 2 in SECTIONS 7 to 13 (e.g., 7.2, 8.2, 9.2, etc.) of the By-law
identifies the permitted uses for each Zone in the City.
The definitions in SECTION 4 can clarify the nature of a permitted use or how it
has been defined for the purposes of this By-law. Uses which are not identified as
permitted uses within a particular zone are not permitted in that zone.
You have now identified the zone in which your property is located and have
identified what uses are permitted on your property. The next step is to determine
City of Welland Zoning By-law
Zoning By-law No. 2017-117
How to Use This By-law - For Reference Only | Page iii
what standards apply to the uses on your property. Subsection 3 to 7 (e.g., 7.3,
7.4, etc.) in Sections 7 to 13 of the By-law identify the zone regulations for each of
the zone categories in the City.
4.
General Provisions
Now that you are aware of the uses permitted on your property and the specific
regulations that apply to those uses, reference should be made to SECTION 5:
GENERAL PROVISIONS of the By-law. Section 5 contains a more general set of
standards known as "General Provisions" that apply to all properties in all zones
throughout the City. For example, the General Provisions contain standards that
regulate the location of accessory structures on a lot, height exceptions, and non-
conforming/non-complying uses that apply to all properties regardless of the
applicable zone the property is located in.
5.
Parking and Loading
SECTION 6: PARKING AND LOADING STANDARDS provides the parking and
loading requirements for all uses permitted in the City. If you are considering
changing the use of your property or adding a new use to your property, you
should review SECTION 6 to ensure that you are aware of the parking
requirements for the proposed use.
6.
Exceptions, Holding Zones, and Temporary Uses
As noted in Number 2 above, by-laws are not static documents and lands may be
subject to a zone exception, a holding zone and/or a temporary use zone. If a zone
symbol is followed by a dash (-) and a number, the lands are subject to a site
specific exception. These can be found Schedule B: Special Exceptions of the
By-law. If the zone symbol is followed by an (H) or a (T), the lands are subject to a
holding zone or a temporary use zone, respectively, the particulars of which can
also be found in Schedule B: Special Exception.
For example, if a property is zoned RL2-4 (H), it would be written out in full as
"Residential Low Density 2 Exception 4 (Holding)".
Description of By-law Components
This By-law contains fifteen sections which, together, provide the land uses and
standards applicable to all lands within the City. These sections are as follows:
Section 1:
Interpretation
Section 2:
Administration
Section 3:
Establishment of Zones
Section 4:
Definitions
Section 5:
General Provisions
City of Welland Zoning By-law
Zoning By-law No. 2017-117
How to Use This By-law - For Reference Only | Page iv
Section 6:
Parking and Loading Regulations
Section 7:
Residential Zones
Section 8:
Commercial Zones
Section 9:
Open Space Zones
Section 10: Environmental Overlay Zones
Section 11: Institutional Zones
Section 12: Industrial Zones
Section 13: Agricultural and Rural Zones
Section 14: Railway Transportation Zones
Section 15: Enactment
The purpose of each of these sections is described below.
Section 1 and 2 - Interpretation and Administration
These sections of the By-law specify: what lands are covered by the By-law; that every
parcel of land in the area covered by the By-law is to conform and comply with the By-
law; and what penalties can be levied against a person or a corporation if they
contravene any provision in the By-law.
Section 3 - Establishment of Zones
This section establishes the zones that apply to the lands covered by the By-law. This
section also describes how to determine the location of the zone boundaries on the
Schedules.
Section 4 - Definitions
It is necessary to define words in a zoning by-law because it is a legal document. A by-
law must be drafted so that it can be enforced in a court of law. These definitions will
help provide clarity in the By-law and ensure that the By-law and its intent are applied
consistently.
Section 5 - General Provisions
This section contains a number of regulations that apply to certain types of uses,
buildings or structures regardless of where in the City or in what Zone they are located.
For example, this section contains provisions dealing with the construction of accessory
buildings in any zone, and provisions to regulate the operation of home occupations and
home industries.
Section 6 - Parking and Loading Standards
Parking and loading facilities are required for almost all uses within the City. This
section provides the requirements for these facilities including such regulations as the
City of Welland Zoning By-law
Zoning By-law No. 2017-117
How to Use This By-law - For Reference Only | Page v
number of spaces required for Residential and Commercial uses, minimum driveway
width, minimum parking space size and the location of parking facilities on a lot.
Section 7 to 13 - Zone Provisions
Sections 7 to 14 identify the uses that are permitted in each zone category. The effect of
these zones is to only permit certain uses in various parts of the City. The only uses
permitted in a zone are those that are specified in the By-law. If a use is not specifically
mentioned as a permitted use in a zone, then it is not permitted. Similarly, if a use is
defined in Section 4 of the By-law but does not appear as a permitted use in any zone,
then it is not a use permitted by the By-law.
Sections 7 to 14 also contain a number of regulations that control the placement, bulk
and height of a building on a lot. This includes regulations such as minimum lot area,
minimum frontage, maximum building height, or the maximum coverage of a building on
a lot.
Section 15 - Enactment
This section contains the signatures of the Mayor and the Clerk who signed the By-law
when it was passed by Council in accordance with Section 34, 36 and 39 of the
Planning Act, as amended, R.S.O. 1990, Chapter P.13.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Table of Contents | Page vi
TABLE OF CONTENTS
SECTION 1
INTERPRETATION .......................................................................... 1-1
1.1
Title of By-law .............................................................................................................. 1-1
1.2
Administration .............................................................................................................. 1-1
1.3
Scope of By-law .......................................................................................................... 1-1
1.4
Area for Which this By-law Applies .............................................................................. 1-1
1.5
Level of Accuracy ........................................................................................................ 1-1
1.6
Abbreviations ............................................................................................................... 1-1
1.7
Measurements ............................................................................................................. 1-2
1.8
Legal Non-Conforming Buildings and Uses ................................................................. 1-2
1.9
Conformity and Compliance Requirements ................................................................. 1-2
1.10
Compliance with other Legislation or Regulations ....................................................... 1-3
1.11
Definitions ................................................................................................................... 1-4
1.12
Discretionary and Mandatory Wording ......................................................................... 1-4
1.13
Examples and Illustrations ........................................................................................... 1-4
1.14
Legislative References ................................................................................................ 1-4
1.15
Transition for By-law 2024-99 ...................................................................................... 1-4
SECTION 2
ADMINISTRATION .......................................................................... 2-1
2.1
Validity......................................................................................................................... 2-1
2.2
Effective Date .............................................................................................................. 2-1
2.3
Technical Revisions to the Zoning By-law ................................................................... 2-1
2.4
Enforcement ................................................................................................................ 2-1
2.5
Removal and Reinstatement ....................................................................................... 2-1
2.6
Violation of the By-law ................................................................................................. 2-2
2.7
Penalties ..................................................................................................................... 2-2
2.8
Repeal of Former By-laws ........................................................................................... 2-3
2.9
Transition Matters ........................................................................................................ 2-3
SECTION 3
ESTABLISHMENT OF ZONES ........................................................ 3-1
3.1
Zones and Zone Symbols ............................................................................................ 3-1
3.2
Location of Zones ........................................................................................................ 3-2
3.3
Zone Maps .................................................................................................................. 3-2
3.4
Determining Zone Boundaries ..................................................................................... 3-2
3.5
Split Zoning ................................................................................................................. 3-3
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Table of Contents | Page vii
3.6
Special Zone Symbols ................................................................................................. 3-3
3.7
Site Specific Zones ...................................................................................................... 3-4
3.8
Holding Zones ............................................................................................................. 3-4
3.9
Temporary Use Zones ................................................................................................. 3-4
3.10
Interim Control By-laws ............................................................................................... 3-5
SECTION 4
DEFINITIONS ................................................................................... 4-1
SECTION 5
GENERAL PROVISIONS ................................................................. 5-1
5.1
Access ......................................................................................................................... 5-1
5.2
Accessory Dwelling Units ............................................................................................ 5-1
5.3
Accessory Uses, Buildings and Structures .................................................................. 5-1
5.3.1
General .......................................................................................................... 5-2
5.3.2
Location ......................................................................................................... 5-2
5.3.3
Height ............................................................................................................. 5-2
5.3.4
Lot Coverage .................................................................................................. 5-3
5.3.5
Special Provisions for Certain Accessory Uses, Buildings and Structures ...... 5-3
5.4
Apartment Units in Commercial and Mixed Use Zones ................................................ 5-3
5.5
Bed and Breakfast Establishments .............................................................................. 5-4
5.6
Condominiums ............................................................................................................ 5-4
5.6.1
Standard Condominiums ................................................................................ 5-4
5.6.2
Vacant Land Condominiums .......................................................................... 5-5
5.6.3
Common Element Condominiums .................................................................. 5-5
5.7
Construction Uses and Sales Offices .......................................................................... 5-6
5.8
Day Care Centres ........................................................................................................ 5-7
5.9
Drive-Through Facilities ............................................................................................... 5-7
5.10
Encroachments: Permitted Yard, Setback and Height Encroachments ........................ 5-8
5.10.1
Accessibility Ramps and Lifts ...................................................................... 5-8
5.10.2
Awnings and Balconies ............................................................................... 5-8
5.10.3
Bay Windows .............................................................................................. 5-8
5.10.4
Building in Built-up Area (Residential Zones) .............................................. 5-8
5.10.5
Decks, Porches, Steps ................................................................................ 5-9
5.10.6
Driveways, Parking and Walkways ............................................................. 5-9
5.10.7
Heat Pumps, Air Conditioners, Ventilating Equipment, Generators, etc. ..... 5-9
5.10.8
Height Exceptions ....................................................................................... 5-9
5.10.9
Ornamental Structure ................................................................................ 5-10
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Table of Contents | Page viii
5.10.10
Structures ................................................................................................. 5-10
5.11
Expropriation: Reduction in Regulations ................................................................... 5-10
5.11.1
Reduced Lot Area and/or Lot Frontage and/or Lot Depth of a Vacant Lot . 5-10
5.11.2
Reduced Regulations or a Lot with an Existing Permitted Use .................. 5-10
5.12
Fences and Privacy Screens ..................................................................................... 5-11
5.12.1
Provision Applicable to All Zones .............................................................. 5-11
5.12.2
Privacy Screens ........................................................................................ 5-11
5.13
Frontage on a Public Street or Navigable Waterway.................................................. 5-12
5.14
Garbage and Refuse Storage and Enclosures ........................................................... 5-12
5.15
Garden Suites ........................................................................................................... 5-13
5.16
Group Home .............................................................................................................. 5-13
5.17
Home Industries ........................................................................................................ 5-14
5.18
Home Occupations .................................................................................................... 5-14
5.18.1
General ..................................................................................................... 5-14
5.18.2
Provisions ................................................................................................. 5-15
5.18.3
Exception .................................................................................................. 5-15
5.18.4
Prohibited Uses ........................................................................................ 5-15
5.19
Minimum Distance Separation - MDS I and II ........................................................... 5-16
5.19.1
MDS I - New Non-Farm Uses ................................................................... 5-16
5.19.2
MDS II - New or Expanding Livestock Facilities ....................................... 5-16
5.20
Model Homes in Draft Plans of Subdivision ............................................................... 5-17
5.21
Multiple Zones on a Lot ............................................................................................. 5-17
5.22
Municipal Services..................................................................................................... 5-17
5.22.1
Water Services ......................................................................................... 5-17
5.22.2
Sanitary Services ...................................................................................... 5-18
5.23
Non-Conforming Buildings and Structures ................................................................. 5-18
5.24
Non-Complying Lots .................................................................................................. 5-19
5.25
Non-Conforming Uses ............................................................................................... 5-19
5.26
Patios ........................................................................................................................ 5-20
5.27
Pergolas .................................................................................................................... 5-20
5.28
Planting Strips ........................................................................................................... 5-20
5.28.1
Planting Strips Required Abutting Residential Zones ................................ 5-20
5.29
Prohibited Uses ......................................................................................................... 5-21
5.30
Public Uses ............................................................................................................... 5-21
5.31
Regulation for Consolidated Lot Development ........................................................... 5-22
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Table of Contents | Page ix
5.32
Roomers and Boarders ............................................................................................. 5-22
5.33
Seasonal Outdoor Display and Sales Area ................................................................ 5-22
5.34
Seasonal Outdoor Uses ............................................................................................ 5-23
5.35
Setback Requirements Adjacent to a Provincial Highway .......................................... 5-23
5.36
Setback Requirements Adjacent to Railways............................................................. 5-23
5.37
Short-Term Rentals ................................................................................................... 5-24
5.38
Sight Triangles .......................................................................................................... 5-24
5.39
Snow Storage Areas .................................................................................................. 5-24
5.40
Swimming Pools and Hot Tubs .................................................................................. 5-25
5.40.1
Distance from Lot Line .............................................................................. 5-25
5.40.2
Treatment Equipment ............................................................................... 5-25
5.40.3
Lot Coverage ............................................................................................ 5-25
5.40.4
Decks Associated with a Swimming Pool or Hot Tub ................................ 5-25
5.41
Through Lots and Corner Lots ................................................................................... 5-25
5.41.1
Through Lots ............................................................................................ 5-25
5.41.2
Corner Lots and Through Corner Lots ...................................................... 5-25
5.42
Use of City Lands ...................................................................................................... 5-26
5.43
Visual Barriers ........................................................................................................... 5-26
5.44
Wayside Pitts and Quarries and Portable Asphalt and Concrete Plants..................... 5-26
SECTION 6
PARKING AND LOADING REGULATIONS .................................... 6-1
6.1
General Parking and Loading Provisions ..................................................................... 6-1
6.1.1
Exclusive Use ................................................................................................. 6-1
6.1.2
More Than One Use on a Lot ......................................................................... 6-1
6.1.3
Location of Required Parking ......................................................................... 6-1
6.1.4
Calculation and Rounding Provisions ............................................................. 6-2
6.1.5
Cash-in-Lieu of Parking .................................................................................. 6-2
6.1.6
Required Parking, Access Aisles, and ............................................................ 6-2
6.1.7
Surface Treatment .......................................................................................... 6-3
6.2
Applicability ................................................................................................................. 6-3
6.3
Downtown Zones - Required Parking and Queuing Spaces ........................................ 6-3
6.4
All Zones Except Downtown Zones - Required Parking and Queuing Spaces by Use 6-4
6.5
Barrier Free Parking .................................................................................................. 6-13
6.5.1
Number of Barrier Free Parking Spaces ....................................................... 6-13
6.5.2
General Provisions for Barrier Free Parking Spaces .................................... 6-13
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Table of Contents | Page x
6.6
Loading Spaces ......................................................................................................... 6-13
6.7
Bicycle Parking .......................................................................................................... 6-14
6.7.1
Number of Required Bicycle Parking Spaces ............................................... 6-14
6.7.2
General Provisions for Bicycle Parking Spaces ............................................ 6-15
6.8
Exception for Existing Hospitals and Places of Worship ............................................ 6-16
6.9
Residential Parking Requirements ............................................................................. 6-16
6.9.1
Single-Detached, Semi-Detached, and Two-Unit Dwellings ......................... 6-16
6.9.2
Street Townhouse Dwellings ........................................................................ 6-17
6.9.3
Multiple Dwellings and Apartments ............................................................... 6-17
6.10
Other Vehicles in Residential Zones - Parking Provisions ......................................... 6-18
6.10.1
Commercial Vehicles ................................................................................ 6-18
6.11
Commercial Vehicles - Parking and Storage ............................................................. 6-18
6.12
Trailers, Recreational Vehicles and Boat Parking and Storage .................................. 6-18
6.12.1
Vacant Lot ................................................................................................ 6-18
6.12.2
Private Storage - Outdoor ........................................................................ 6-19
6.12.3
Trailer Sales, etc. ...................................................................................... 6-19
6.12.4
Trailers, Recreational Vehicles and Boat Storage as Principal Use ........... 6-20
6.13
Parking Structures ..................................................................................................... 6-20
6.14
Vehicles Prohibited in Residential and Mixed Use Zones .......................................... 6-20
6.15
Drive-Through Facilities and Queuing/Stacking Spaces ............................................ 6-20
6.15.1
Minimum Number of Queuing Spaces ...................................................... 6-20
6.16
Tandem Parking ........................................................................................................ 6-21
6.17
Landscaping Provisions for Parking Areas ................................................................ 6-21
6.18
Elevation of Garage Entrance in Certain Types of Residential Buildings ................... 6-22
SECTION 7
RESIDENTIAL ZONES .................................................................... 7-1
7.1
Applicable Zones ......................................................................................................... 7-1
7.2
Permitted Uses ............................................................................................................ 7-1
7.3
Regulations for Residential Zones ............................................................................... 7-2
7.4
Additional Regulations ................................................................................................. 7-6
SECTION 8
COMMERCIAL ZONES ................................................................... 8-1
8.1
Applicable Zones ......................................................................................................... 8-1
8.2
Permitted Uses ............................................................................................................ 8-1
8.3
Regulations for Commercial Zones .............................................................................. 8-7
8.4
Additional Regulations ................................................................................................. 8-8
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Table of Contents | Page xi
8.4.1
Motor Vehicle Service Stations ....................................................................... 8-8
8.4.2
Motor Vehicle Washing Establishments .......................................................... 8-9
8.4.3
Other Applicable Regulations and Sections .................................................... 8-9
SECTION 9
OPEN SPACE ZONES..................................................................... 9-1
9.1
Applicable Zones ......................................................................................................... 9-1
9.2
Permitted Uses ............................................................................................................ 9-1
9.3
Regulations for Open Space Zones ............................................................................. 9-3
9.4
Additional Regulations ................................................................................................. 9-4
SECTION 10
ENVIRONMENTAL OVERLAY ZONES......................................... 10-1
10.1
Applicable Zones ....................................................................................................... 10-1
10.2
Permitted Uses .......................................................................................................... 10-1
10.3
Regulations for Environmental Overlay Zones ........................................................... 10-2
10.4
Regulations for Hazard Overlay Zones ...................................................................... 10-2
10.5
Regulations for Environmental Protection Overlay Zones .......................................... 10-3
10.6
Regulations for Environmental Conservation Overlay Zones ..................................... 10-3
10.7
Additional Regulations ............................................................................................... 10-4
SECTION 11
INSTITUTIONAL ZONES ............................................................... 11-1
11.1
Applicable Zones ....................................................................................................... 11-1
11.2
Permitted Uses .......................................................................................................... 11-1
11.3
Regulations for Institutional Zones ............................................................................. 11-4
11.4
Additional Regulations ............................................................................................... 11-4
SECTION 12
INDUSTRIAL ZONES .................................................................... 12-1
12.1
Applicable Zones ....................................................................................................... 12-1
12.2
Permitted Uses .......................................................................................................... 12-1
12.3
Regulations for Industrial Zones ................................................................................ 12-4
12.4
Additional Regulations ............................................................................................... 12-6
12.4.1
Motor Vehicle Service Stations ................................................................. 12-6
12.4.2
Motor Vehicle Washing Establishments .................................................... 12-6
12.4.3
Outdoor Storage ....................................................................................... 12-7
12.4.4
Manufacturer's Showroom/Accessory Retail Sales (Maximum) ................ 12-7
12.4.5
Cannabis Production Facility ..................................................................... 12-8
12.4.6
Other Applicable Regulations and Sections .............................................. 12-9
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Table of Contents | Page xii
SECTION 13
AGRICULTURAL AND RURAL ZONES ....................................... 13-1
13.1
Applicable Zones ....................................................................................................... 13-1
13.2
Permitted Uses .......................................................................................................... 13-1
13.3
Regulations for Agricultural and Rural Zones............................................................. 13-4
13.4
Additional Regulations ............................................................................................... 13-6
13.4.1
Outdoor Storage ....................................................................................... 13-6
13.4.2
Small Scale Retailing of Agricultural Products .......................................... 13-6
13.4.3
Minimum Distance Separation .................................................................. 13-6
13.4.4
Farm Labour Residence ........................................................................... 13-6
13.4.5
Cannabis Production Facility ..................................................................... 13-7
13.4.6
Other Applicable Regulations and Sections .............................................. 13-7
SECTION 14
RAILWAY TRANSPORTATION ZONES ....................................... 14-1
14.1
Applicable Zones ....................................................................................................... 14-1
14.2
Permitted Uses .......................................................................................................... 14-1
14.3
Regulations for Railway Transportation Zones .......................................................... 14-1
SECTION 15
ENACTMENT OF BY-LAW 2017-117............................................ 15-1
15.1
Being a By-law to establish a New Comprehensive Zoning By-law pursuant to the
Planning Act (File 2015-09) ................................................................................................... 15-1
15.2
Replacement of By-law 2667 and By-law 1538 and amendments ............................. 15-1
15.3
Effective Date ............................................................................................................ 15-1
SCHEDULE "A" ZONE MAPS ................................................................................. A-1
SCHEDULE "B" SPECIAL EXCEPTIONS .............................................................. B-1
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Table of Contents | Page xiii
LIST OF TABLES
Table 3.1.1:
Zones in the Zoning By-law ........................................................................... 3-1
Table 6.4.2:
Commercial Uses in All Zones except Downtown Zones - Required Parking
Spaces ........................................................................................................... 6-6
Table 6.4.3:
Drive-Through Commercial Uses - Required Queuing Spaces .................. 6-8
Table 6.4.4:
Institutional and Community Uses - Required Parking Spaces ............... 6-8
Table 6.4.5:
Educational Uses - Required Parking Spaces ........................................... 6-9
Table 6.4.6:
Industrial Uses - Required Parking Spaces ............................................. 6-10
Table 6.5.1:
Barrier Free Parking .................................................................................... 6-13
Table 6.7.1:
Minimum Required Bicycle Parking Spaces ............................................ 6-14
Table 6.15.1: Minimum Number of Queuing Spaces Required ....................................... 6-21
Table 6.17.1: Minimum Required Width of a Landscaped Buffer of a Parking Lot ........ 6-22
Table 7.2.1:
Permitted Uses in Residential Zones ........................................................... 7-1
Table 7.3.1:
Regulations for Residential Zones ............................................................... 7-2
Table 8.2.1:
Permitted Uses in Commercial Zones .......................................................... 8-1
Table 8.3.1:
Regulations for Commercial Zones .............................................................. 8-7
Table 8.4.1:
Regulations for Motor Vehicle Service Station ....................................... 8-8
Table 9.2.1:
Permitted Uses in Open Space Zones ........................................................ 9-1
Table 9.3.1:
Regulations for Open Space Zones ............................................................ 9-4
Table 10.2.1: Permitted Uses in Environmental Overlay Zones ...................................... 10-1
Table 11.2.1: Permitted Uses in Institutional Zones ........................................................ 11-1
Table 11.3.1: Regulations for Institutional Zones ............................................................ 11-4
Table 12.2.1: Permitted Uses in Industrial Zones ............................................................ 12-1
Table 12.3.1: Regulations for Industrial Zones ................................................................ 12-4
Table 12.4.1: Regulations for Motor Vehicle Service Station ..................................... 12-6
Table 13.2.1: Permitted Uses in Agricultural and Rural Zones ....................................... 13-1
Table 13.3.1: Regulations for Agricultural Rural Zones .................................................. 13-4
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 1: Interpretation | Page 1-1
SECTION 1
INTERPRETATION
1.1
Title of By-law
By-law 2017-117 shall be cited as the "City of Welland Zoning By-law" and herein
may be referenced as "this By-law".
1.2
Administration
This By-law shall be administered by the municipal staff as appointed by the
Council of the City of Welland.
1.3
Scope of By-law
No lands shall be used, and no buildings or structures shall be erected,
structurally altered, or enlarged, or used, within the City of Welland except in
conformity with the provisions of this By-law. The Schedules form part of this By-
law and are to be read in conjunction with the provisions of this By-law.
1.4
Area for Which this By-law Applies
The provisions of this By-law shall apply throughout the City to the extent of all
lands contained within the limits of the zone boundaries, as shown on the zone
maps forming Schedule "A" of this By-law with exception to properties known as
418, 424, and 430 Aqueduct Street; 650, 656, 664, 670, 678, 684, 694, and 698
Niagara; and 69, 102, 165 and 158 Primeway Drive; s/e corner of First Street and
Plymouth, 105 First Street, 114, 142 Second Street be excluded from this By-law.
1.5
Level of Accuracy
All calculations of the regulations in this By-law shall be to one decimal place,
and in no case, shall there be rounding to such decimal place. In the event of any
conflict between the zone provisions provided in this By-law, the more restrictive
performance standard(s) shall apply.
1.6
Abbreviations
Abbreviations used throughout this By-law are as follows:
M
metre(s)
Cm
centimetre(s)
m2
square metre(s)
Ha
hectares
Max
maximum
Min
minimum
%
percent
G.F.A.
gross floor area
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 1: Interpretation | Page 1-2
1.7
Measurements
All measurements of length, area or height used to determine compliance with
the regulations of this By-law shall be subject to the normal mathematical rules of
rounding numbers and the level of accuracy expressed in the regulations of this
By-law, as follows:
a)
For regulations expressed as a whole number, measurements less than
0.5 shall be rounded downward to the nearest whole number, and
measurements greater than or equal to 0.5 shall be rounded upward to the
nearest whole number.
b)
For regulations expressed as a ratio or percentage, measurement shall
not be subject to rounding.
1.8
Legal Non-Conforming Buildings and Uses
No person shall use or permit the use of any land, building or structure or part
thereof, or erect, repair, or alter or permit the erection, repairing or altering of any
building or structure which is not in conformity with the provisions of this By-law,
except as follows:
a)
The erection or use for a purpose prohibited by this By-law of any building
for which a permit was required by and issued under the Building Code
Act, as amended, prior to the effective date of this By-law, so long as the
building when erected was used and continues to be used for the purpose
for which it was erected and provided the permit has not been revoked
under the Building Code Act, as amended.
b)
The use of land for a purpose prohibited by this By-law provided the use
existed prior to the effective date of this By-law, so long as the use has
continued on the property.
c)
The repair or restoration of any existing building, or part thereof, to a safe
condition provided that such repair or restoration will not increase the
height, area or volume, or lot coverage of such building and that the
building continues to be used for the same purpose and in the same
manner as it was used on the effective date of this By-law.
1.9
Conformity and Compliance Requirements
a)
The standards, regulations and requirements contained in this By-law
shall apply to all lands and properties located within the corporate limits of
the City of Welland as they now exist, or as they may hereafter be
enlarged or diminished.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 1: Interpretation | Page 1-3
b)
No land shall be used, and no building or structure shall be erected,
altered, or used except in conformity with the permitted uses of this By-law
and in compliance with the regulations of this By-law.
c)
No municipal permit, certificate or license shall be issued for the use of
land or for the erection, alteration or use of any building or structure that is
not in conformity and compliance with this By-law.
d)
No person, other than a public authority, shall create or alter the
boundaries of any lot by conveyance or otherwise such that the lot does
not comply with the requirements of this By-law.
e)
For any lot that is not in compliance with the requirements of this By-law
on the effective date, no person, other than a public authority, shall alter
the boundaries of the lot in a manner that would increase the extent of the
non-compliance. Where the acquisition of land by a public authority alters
the boundaries or area of a lot in a manner that results in non-compliance
with any regulation of this By-law, this By-law shall not apply to prevent
the continued use of the lot and of any buildings and structures in
existence on the lot on the date of the acquisition, provided that no
person, other than a public authority, shall increase the extent of the non-
compliance on or after the date of the acquisition and further provided that
the use conforms with the permitted uses of this By-law or is permitted to
continue as a lawfully existing non-conforming use in accordance with this
By-law.
f)
To the extent of any conflict among the provisions of this By-law, the more
restrictive provisions shall apply.
1.10 Compliance with other Legislation or Regulations
a)
Nothing in this By-law shall exempt any person from the requirement to
comply with other by-laws of the City and regulations of the Regional
Municipality of Niagara, Niagara Peninsula Conservation Authority,
Province of Ontario, and Government of Canada, that may affect the use
of land or the erection, use or alteration of buildings or structures.
b)
To the extent of any conflict or inconsistency between this By-law and any
other by-laws of the City, the more restrictive by-law shall prevail.
c)
Where a permit has been issued by the Niagara Peninsula Conservation
Authority, the provisions or conditions set out in the permit shall supersede
the provision of this By-law where more restrictive.
d)
References to "the Zoning By-law", or "By-law 2667", or "By-law 1538
(Crowland)" in other City By-laws or documents shall be deemed to refer
to this By-law where this By-law applies.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 1: Interpretation | Page 1-4
1.11 Definitions
For convenience, terms that are italicized are defined in Section 4 of this By-law.
This does not apply to the title of Sections and Subsections.
1.12 Discretionary and Mandatory Wording
The words "must" and "shall" are mandatory. The word "may" is not mandatory.
"May" is used to indicate where certain circumstances may or may not be
applicable.
1.13 Examples and Illustrations
Examples and illustrations, where provided, are for clarification and convenience
and do not form part of this By-law.
1.14 Legislative References
Any reference to legislation or regulations or sections thereof approved by
another public authority shall include any amendments or successors thereto.
1.15 Transition for By-law 2024-99
a) The provisions of By-law 2024-99, being a by-law to amend the
Comprehensive Zoning By-law 2017-117, shall not apply to prevent the
issuance of a building permit for a project for which a complete application
for:
i.
Approval of draft plan of subdivision;
ii.
Approval of draft plan of condominium;
iii.
Subdivision agreement;
iv.
Condominium agreement;
v.
Site plan approval;
vi.
Development agreement;
vii.
Removal of part lot control;
viii.
Committee of Adjustment approval;
ix.
Building permit.
was received after October 17, 2017, and on or before October 1, 2024, or
in the event of an appeal to By-law 2024-99, received prior to the date
when all appeals to By-law 2024-99 have been withdrawn or finally
disposed of, and any subsequent complete applications related to the
project received thereafter, and: for which the building permit is issued on
or prior to October 1, 2024.
b) "Complete Application" means an application deemed to be completed in
accordance with the Planning Act.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 1: Interpretation | Page 1-5
c) Where a project qualifies under subsection a) above, a building permit for
that project may be issued, or the Committee of Adjustment approval, site
plan approval, the removal of part lot control, the subdivision agreement,
the condominium agreement, the development agreement, the approval of
draft plan of subdivision, or approval of draft plan of condominium may be
granted if the project in questions complies with the provisions of Zoning
By-law 2017-117 as it read on September 30, 2024, and provided that no
significant revisions to the project are submitted after this date.
d) The exemption provided by this transition clause shall not continue
beyond the issuance of the permit upon which the exemption is founded;
and, once the permit, agreement or approval under subsections a) has
been granted, the provisions of Zoning By-law 2017-117, as amended by
Zoning By-law 2024-99, or any subsequent amendments thereto shall
apply to the lands in question.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 2: Administration | Page 2-1
SECTION 2
ADMINISTRATION
2.1
Validity
Should any section, clause of provision of this By-law, including any part of the
zones as shown in Schedule "A", be held by a court of competent jurisdiction to
be invalid, the validity of the remainder of the By-law shall not be affected.
2.2
Effective Date
This By-law shall be deemed to have come into effect on the date of the passing
thereof by the Council of the City of Welland.
2.3
Technical Revisions to the Zoning By-law
Revisions may be made to this By-law without the need for a Zoning By-law
Amendment in the following cases:
a)
Correction of grammar or typographical errors or revisions to format in a
manner that does not change the intent of a provision.
b)
Adding or revising technical information on maps or schedules that does
not affect the zoning of lands including, but not limited to, matters such as
updated and correcting infrastructure information, keys, legends, or title
blocks.
c)
Changes to appendices, headings, indices, marginal notes, table of
contents, illustrations, historical or reference information, page numbering,
footers, and headers, which do not form a part of this By-law and are
editorially inserted for convenience of reference only.
d)
Minor adjustments to the boundary of an Environmental Protection Zone
on a property may be made, without amendment to the Zoning By-law,
where the General Manager or his/her designate, for the City of Welland is
satisfied that the mapping of the Environmental Protection Zone on a
Schedule is in obvious error.
2.4
Enforcement
Any person who contravenes any provision of this By-law is guilty of an offence
and upon conviction is liable to the fine(s) as provided for under the Planning Act,
as amended.
2.5
Removal and Reinstatement
a)
Where an owner or person is in contravention of any provision of this By-
law, the City, or a Municipal Law Enforcement Officer, in addition to any
other action, may send notice to the owner or person, requiring the
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 2: Administration | Page 2-2
property to be made to conform with this By-law. In the event that a notice
is sent and the property is not reinstated to conform with the provisions of
this By-law within the time period set out in the notice, the City, its
employees, agent or contractor may enter upon the land and remove such
things or carry out the work or actions required to make the property
comply with this By-law, and may recover the costs in accordance with
Section 446 of the Municipal Act, as amended.
b)
Any notice given under this By-law may be given by ordinary mail or hand
delivery to the address of the subject property, or to the address of the
owner or person according to the last revised assessment roll off the
property which does not comply with this By-law or may be posted on the
subject property and such service shall be deemed good and sufficient
service.
c)
The City, its employees, agent or contractor may, without notice, perform
any work necessary to comply with this By-law where there is an
immediate danger or threat to public health or safety, and recover costs as
in Subsection 2.4 b).
d)
Anything removed by this section may be deposited elsewhere on the
property on which it is located, or may be stored by the City, its
employees, agent or contractor. Where a thing has been removed, and
stored, the owner or person may reclaim such thing upon payment to the
City any costs incurred by the City, its agent or contractor in the removal
of such thing. Where the thing has not been reclaimed within thirty days of
its removal, such thing may be forthwith destroyed or otherwise disposed
of by the City, its employees, agent or contractor.
2.6
Violation of the By-law
Where land is proposed to be used, or a building or structure is proposed to be
erected or used in violation of this By-law,
a)
No permit for the use of the land or for the erection or use of the building
or structure shall be issued;
b)
No certificate of occupancy or permit for change in use shall be issued;
c)
No municipal license shall be issued; and
d)
The above does not apply with respect to a legal non-conforming use.
2.7
Penalties
a)
The contravention of any requirement of this By-law may be restrained by
action of any ratepayer of the City pursuant to the provisions of the
Municipal Act, as amended.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 2: Administration | Page 2-3
b)
Every person who contravenes a provision of this By-law and, if the
person is a corporation, every director or officer of the corporation who
knowingly concurs in the contravention, is guilty of an offence and on
conviction is liable to fines under the Planning Act, as amended.
2.8
Repeal of Former By-laws
All the provisions of By-law Number 2667 and By-law Number 1538 (Crowland),
as amended, and all subsequent amendments to any of said By-laws referenced
hereto, insofar as they affect those lands within the limits of the zone boundaries
so included in Schedule "A" of this By-law, shall be and the same are hereby
repealed.
2.9
Transition Matters
For the purposes of determining Zoning compliance for matters covered by
Section 2.6 of this By-law, the provisions of Zoning By-law Numbers 2667 or
1538 (Crowland), as amended, as they read on the effective date of this By-law
Shall apply.
a)
This By-law does not apply to prevent the issuance of a building permit for
a project for which a Complete Application was received on or prior to the
day before this By-law was passed by Council for a:
i)
Building permit;
ii)
Committee of Adjustment approval;
iii)
Site plan control approval;
iv)
Part lot control exemption approval;
v)
Approval of draft plan of subdivision or draft plan of condominium;
or
vi)
Site specific zoning by-law amendment.
b)
For the purposes of Subsection 2.8 a), "Complete Application" means an
application which could have been approved or granted on the day before
this By-law was passed by Council, had it been processed or disposed of
on that day as determined in accordance with the provisions of the
Planning Act, as amended, R.S.O. 1990, Chapter P. 13, and the
Regulations, thereunder.
c)
Where a project qualifies under Section 1.8 - Legal Non-Conforming Uses
the building permit for that project may be issued; or the Committee of
Adjustment approval, the site plan control approval, the part lot control
exemption approval, and the draft plan of subdivision or draft plan of
condominium approval may be granted, if the project in question complies
with the provisions of Zoning By-law Numbers 2667 or 1538 (Crowland),
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 2: Administration | Page 2-4
as amended of the City of Welland as they read on the day before this By-
law was passed by Council.
d)
Nothing in this By-law applies so as to continue the exemption provided by
this subsection beyond the issuance of the permit or other approval under
Subsection 2.9 a), upon which the exemption is founded; and in no case,
does the exemption mentioned in Subsection 2.9 c), continue beyond the
repeal of this subsection.
e)
Once the permit or approval under Subsection 2.9 a), has been granted,
the provisions of this By-law apply in all other respects to the land in
question.
f)
Subsection 2.9 is repealed in its entirety three years from the date of
enactment of this By-law.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 3: Establishment of Zones | Page 3-1
SECTION 3
ESTABLISHMENT OF ZONES
3.1
Zones and Zone Symbols
This By-law establishes the following zones and places all lands subject to this By-
law in one or more of the following zones:
Table 3.1.1:
Zones in the Zoning By-law
Column 1
Column 2
Zone
Symbol
Residential Zones
Residential Low Density 1
RL1
Residential Low Density 2
RL2
Residential Medium Density
RM
Residential High Density
RH
Commercial Zones
Downtown Mixed Use Centre
DMC
Regional Shopping Node
RS
Community Commercial Node
CC1
Community Commercial Corridor
CC2
Neighbourhood Commercial
NC
Open Space Zones
Neighbourhood Open Space
O1
Community Open Space
O2
Welland Recreational Waterway
WRW
Environmental Overlay Zones
Hazard Overlay
HA
Environmental Protection Overlay
EP
Environmental Conservation Overlay
EC
Institutional and Community Wellness Zones
Community Institutional
INS1
Health and Wellness
INSH
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 3: Establishment of Zones | Page 3-2
Column 1
Column 2
Zone
Symbol
Industrial Zones
Light Industrial
L1
General Industrial
G1
Gateway Economic Centre
GEC
Aggregates Extraction
X
Agricultural and Rural Zones
Agricultural
A1
Rural Residential
RR
Rural Employment
RE
Other Zones
Railway Transportation
RT
3.2
Location of Zones
The zones and zone boundaries are shown on the zone maps which are attached
to and form a part of this By-law. The lands identified on the zone maps as being
within a zone are subject to the provisions of this By-law applicable to that zone.
3.3
Zone Maps
The location, extent and boundaries of the said zones are shown in Schedule "A"
zone maps. These maps, together with all notations, references, and other
information form part of this By-law.
3.4
Determining Zone Boundaries
The following rules shall apply to determine the location of the boundary of any
zone on the zone maps where it is shown:
a)
As following a street, lane, railway, right-of-way, transmission line, or
watercourse, the boundary shall be the centreline of the applicable feature;
b)
As following the lot frontage on a future lot shown on a draft approved plan of
subdivision or condominium, the boundary shall be the centreline of the
future public or private street being constructed;
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 3: Establishment of Zones | Page 3-3
c)
As following any other lot line on an existing lot or a future lot shown on a
draft approved plan of subdivision or condominium, the boundary shall be
the existing or future lot line;
d)
As running substantially parallel to a lot line abutting any street and the
distance from the street is not indicated, the boundary shall be parallel to the
applicable lot line and the distance shall be determined according to the
scale shown on the zone maps;
e)
As following a lot line abutting an unopened road allowance, the boundary
shall be the centreline of such road allowance;
f)
As following a shoreline, the boundary shall follow such shoreline and in the
event of a natural change in the shoreline, the boundary shall be construed
as moving with the actual shoreline;
g)
As following the limits of the City, the boundary shall be the limits of the City;
and
h)
Where none of the above provisions apply, the zone boundary shall be
scaled from the zone maps.
3.5
Split Zoning
a)
Where a lot falls into two or more zones, each portion of the lot shall be
subject to the applicable use permissions and regulations for the applicable
zone applying to that portion of the lot.
b)
Notwithstanding Subsection 3.5 a), parking spaces and stacking spaces
c)
required by this By-law may be provided anywhere on a lot that falls into two
or more zones except that portion of a lot in any Environmental Zones.
d)
A zone boundary dividing a lot into two or more zones is not a lot line for the
purposes of this By-law.
3.6
Special Zone Symbols
Where the zone symbol zoning certain lands on the zone maps is preceded, or
followed by any combination of a hyphen, number, or letter, provisions relating to
one or more of the following special zone regulations apply to the lands so
designated on the zone maps. Lands so identified shall be subject to all of the
provisions and restrictions of the applicable parent zone, except as otherwise
provided by the special zone.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 3: Establishment of Zones | Page 3-4
3.7
Site Specific Zones
Where a zone symbol is followed by a hyphen and number, the symbol refers to a
special provision that applies to the lands so zoned.
3.8
Holding Zones
a)
Holding zones allow future uses for land or buildings but delay development
until, for example, local services, such as roads, are in place.
b)
Where a zone symbol is preceded by an upper-case letter "H", a number,
and a hyphen, the symbol refers to a holding provision that applies to the
lands so designated.
c)
The prefix "H" may be used in conjunction with any zoning category of this
By-law, as amended.
d)
Lands subject to a holding provision shall not be used, nor any building
and/or structure be constructed, altered, or enlarged, other than for a
permitted use, building or structure that existing prior to imposition of the
holding provision.
e)
Land subject to a holding provision cannot be used for the use indicated by
the underlying zone until specified requirements have been met (e.g.,
resolution of site servicing issues).
f)
Council must approve a By-law authorizing the removal of the "H" Holding
symbol prefix in order for the lands to be developed for the use permitted by
the provisions of the underlying zone.
g)
Until the "H" provision is removed from the lands through an amendment to
this By-law, pursuant to the provisions of the Official Plan, and following
completion of the matters as set out in the relevant subsection, permitted
uses shall be restricted to only those uses referenced in said subsection.
Upon removal of the "H", the lands may be used in accordance with the
provisions of the zone applicable to the lands.
3.9
Temporary Use Zones
a)
Where a zone symbol is preceded by an upper-case letter "T" a number, and
a hyphen, the symbol refers to a temporary use permission that applies to
the lands.
b)
The prefix "T" may be used in conjunction with any zoning category of this
By-law, as amended.
c)
There are two types of temporary use by-laws:
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 3: Establishment of Zones | Page 3-5
i)
To zone land or buildings for a specific use allowed for a period of
three years with possible extensions of three years; and
ii)
To permit garden suites for a period not exceeding twenty years, with
possible extensions of three years.
d)
The temporary use provisions apply to all of the lands and buildings
encompassed within the zone boundary.
e)
Upon the expiry of the time period authorized by the temporary use by-law,
the temporary use of the lands permitted under said By-law shall cease.
3.10 Interim Control By-laws
a)
Where a hatched line overlay is shown with a number and an upper-case
letter "I", the overlay refers to an interim control by-law that applies to the
lands so designated.
b)
Where a zone symbol is preceded by an upper-case letter "I" a number, and
a hyphen, the symbol refers to an Interim control provision that applies to the
lands.
c)
The prefix "I" may be used in conjunction with any zoning category of this
By-law, as amended.
d)
When City Council wishes to undertake a review or study of its land use
policies related to a specific area, or areas, of the city, Council may pass an
"Interim Control By-law".
e)
Interim control by-laws put a temporary freeze on land uses while the City is
studying or reviewing its policies.
f)
Passage of this sort of by-law effectively prohibits the continued use of the
land, buildings, or structures within the specified area(s), except for those
uses set out in the by-law.
g)
An interim control by-law may be in effect for up to one year, to allow
sufficient time to complete the desired review or study.
h)
Council may amend the by-law to extend the period of time during which it
will be in effect for one more year, provided the total period of time does not
exceed two years from the date that the initial interim control by-law was
passed.
i)
An interim control by-law can be lifted as it applies to a particular parcel of
land if it does not have an effect on the outcome of the review or study or if
they have been completed.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-1
SECTION 4
DEFINITIONS
In this By-law, unless the contrary intention appears, words importing the singular
number shall include more persons, parties, or things of the same kind than one, and
the converse. In this By-law, the word "shall" is to be construed as being always
mandatory and not directory. Words in the Zoning By-law not defined below have their
normal and customary meaning.
Term
Definitions
A
Access Aisle
Means an area used to provide
access to parking spaces that are
provided within a parking area.
Access
Driveway
Means an unobstructed driving route
designed to provide access by motor
vehicles between a public street or
condominium road and a parking
space, access aisle, or loading
space, or between two parking
areas.
Accessory
Building/
Structure
Means a building or structure, not
used, or intended to be used for
human habitation, detached from, but
located on the same lot as, the
principal use, building or structure,
the use of which is incidental,
subordinate and exclusively devoted
to that of the principal building or
structure.
Accessory
Dwelling Unit
Means a self-contained residential
unit with kitchen and bathroom
facilities within dwellings or within
structures accessory to dwellings.
An accessory dwelling unit must
comply with all applicable laws and
standards including the building
code, the Fire Code and Property
Standards By-laws.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-2
Term
Definitions
Accessory
Use
Means a use which is incidental,
subordinate and exclusively devoted
to the principal use of the lot upon
which, or of the building or structure
within which, the accessory use is
located.
Adult
Entertainment
Establishment
Means any premises or part thereof
in which is provided, in pursuance of
a trade, calling, business or
occupation, goods or services
appealing to, or designed to appeal
to, erotic or sexual appetites or
inclinations as licensed in
accordance with Regional
Municipality of Niagara By-laws.
Aggregate
Extraction
Operation
Means a place where gravel, sand,
shale, limestone, dolostone,
sandstone, and other mineral
materials are removed by means of
an open excavation to supply
material for construction, industrial,
manufacturing or maintenance
purposes.
Agriculture
Means the growing of crops,
including nursery, biomass, and
horticultural crops; raising of
livestock; raising of other animals for
food, fur or fibre, including poultry
and fish; aquaculture; apiaries; agro-
forestry; maple syrup production; and
associated on-farm buildings and
structures including, but not limited to
livestock facilities, manure storages,
value-retaining facilities, and
accommodation for full-time farm
labour when the size and nature of
the operation requires additional
employment.
Agriculture-
Related Use
Means those farm-related
commercial and farm-related
industrial uses that are directly
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-3
Term
Definitions
related to a farm operation in the
area, support agriculture, benefit
from being in close proximity to farm
operations, and provide direct
products and/or services to farm
operations as a primary activity.
Agri-Tourism
Means the use of land, buildings or
structures for accessory uses to the
principal agricultural use of the lot,
conducted for gain or profit to
support, promote and sustain the
viability of the agricultural use,
including but not limited to
agricultural education and research
facilities, bed and breakfast
establishments, farm markets and
the retail of farm produce, pick your
own facilities, farm mazes, special
event facilities related to farming,
value-added assembly, fabrication,
processing, packing or storage
operations.
Air Treatment
Control
System
Means a system designed and
sized accordingly in comparison
to the facility by a qualified person
that filters air to prevent the
escape of emissions, including
but not limited to odours, pollen,
and dust associated with use, to
the outdoors or any other
property.
Alter
Means:
(a)
When used in reference to a
building or part thereof, a
change in the total floor area
or an addition made to a
building, or a change made in
the type of construction of the
exterior walls or roof thereof;
or
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-4
Term
Definitions
(b)
When used in reference to a
lot, a decrease in the width,
depth, area of any required
yard, or a change in the
location of any boundary of
such lot with respect to a
public street, whether such
alteration is made by
conveyance of any portion of
the said lot or otherwise.
Amenity Area
Means the area of a commercial,
mixed use or residential lot intended
for recreational purposes, and shall
include areas that are landscaped,
patios, privacy areas, balconies,
communal lounges, swimming pools,
play areas and similar uses, located
on the same lot, but shall not include
a building's service areas, parking
areas, access aisles, or access
driveways.
Animal Shelter Means a premises used for the
caring for lost, abandoned, rescued,
or neglected animals but does not
include a kennel or veterinary clinic.
Art Gallery
Means a premises used for any
combination of the preservation,
production, exhibition, or sale of
paintings or other works of art.
B
Balcony
Means a platform in excess of 2.4
metres above-grade, having at least
one side open that may be covered
by either a roof or another balcony,
and shall have no direct access to
the ground.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-5
Term
Definitions
Basement
Means that portion of a building
below the first storey.
Bed and
Breakfast
Means a single-detached dwelling
occupied by the owner and offering
short term lodging for compensation
to the travelling and vacationing
public and where meals may be
offered to the occupants of the guest
rooms.
Boarding or
Lodging
House
Means a dwelling in which the
proprietor supplies, for gain lodging,
with or without meals, to more than
four persons, but does not include a
group home, hotel, hospital, nursing
home or other establishment
otherwise classified or defined in this
By-law.
Building
Means any structure, whether
temporary or permanent, consisting
of walls and a roof, used, or intended
to be used for the shelter,
accommodation, or enclosure of
persons, animals, or chattels.
Building and
Lumber
Supply
Establishment
Means the use of land, buildings or
structures, or part thereof for a retail
store predominantly selling of lumber
and a wide range of building and
home decorating supplies along with
ancillary sales of construction tools,
garden products, and home design
products.
Building or
Contracting
Supply
Establishment
Means the use of land, buildings or
structures, or parts thereof, in which
building, construction or home
improvement materials are
warehoused such as a lumber yard,
and which may include accessory
retail.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-6
Term
Definitions
Building
Height
Means the vertical distance between
the average grade at the base of a
main wall of the building and the
highest point of the roof. Where the
height is established in the
regulations as a number of storeys,
height means the number of storeys.
C
Cannabis
Production
Facility
Means any premises or part of a
premises used for all or any of
the cultivation, processing,
destruction, sale, shipping,
analytical testing, and research of
cannabis which is authorized by a
valid registration certificate and
document for designated person
issued by the Federal Minister of
Health or a valid license issued
by the Federal Minister of Health,
pursuant to the Cannabis
Regulations, SOR/2018-144, as
amended, or any successor
thereto, and the Industrial Hemp
Regulations, SOR/2018-145
under the Cannabis Act, S.C.
2018, c. 16, as amended, or any
successor thereto. A cannabis
production facility shall also mean
any premises or part of a
premises permitted to cultivate
more than four cannabis plants.
Cemetery
Means lands that have been
established or recognized as a
cemetery under laws of the Province
of Ontario that is used for internment
of human remains and may include
an accessory mausoleum,
columbarium, and crematorium. This
also includes a pet cemetery.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-7
Term
Definitions
Commercial
Vehicle
Means a motor vehicle having
permanently attached thereto a truck
or delivery body and includes
ambulances, hearses, fire apparatus,
buses and tractors used for hauling
purposes on the highways as defined
in the Highway Traffic Act, as
amended.
Community
Centre
Means a multi-purpose facility or part
of that facility that offers a variety of
programs of a recreational, cultural,
community service, informational, or
instructional nature.
Community
Garden
Means a communal garden provided
for the sole use of or consumption by
the individual or individuals working
the garden.
Conservation
Means the use of land, buildings, or
structures for the purpose of the
protection and management of the
natural environment.
Contractor's
Establishment
Means a premises where
construction, maintenance, repair
and service equipment, vehicles and
materials of a contractor are stored
and where contractor performs work
in preparation for providing
construction, maintenance, or repair
services elsewhere, and may include
an accessory office for the
administration of the business and an
accessory display area of pertinent
samples.
Custom
Workshop
Means a building where there is
carried on individual custom
production of drapes and slipcovers,
venetian blinds, handmade leather
goods, millinery, glass blowing,
orthopaedic and prosthetic
appliances, weaving, awnings, metal
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-8
Term
Definitions
plating, gold and silver engraving and
other non-offensive, non-dangerous
custom production of any article or
other thing but does not include any
factory production or any shop or
factory otherwise classified or
defined in this By-law.
D
Day Care
Centre
Means a premises, including outdoor
areas that is licensed in accordance
with the Day Nurseries Act, as
amended, where more than five
children or elderly persons are
provided with temporary care and/or
guidance for a continuous period not
exceeding twenty-four hours.
Day Care,
Home
Means a private residence where
care, protection and supervision are
provided for up to five persons, but
which does not provide overnight
accommodation to those being cared
for.
Deck
Means an uncovered, unenclosed
structure with a minimum height
above-grade of 0.25 metres which
may incorporate a guard (railing).
Department
Store
Means a retail facility containing not
less than 3,000.0 square metres of
gross leasable area offering a wide
range and depth of merchandise
including clothing, men's and
women's accessories, toiletries,
furniture, and appliances as well as a
range of services
Drive-Through
Establishment
Means a premises used to provide or
dispense products or services
through an attendant or a window or
an automated machine, to persons
remaining in vehicles that are in a
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-9
Term
Definitions
designated queuing space and may
be in combination with other land
uses.
Driveway
Means an area leading from a street,
condominium road, or lane and
provides access to a parking space
and/or private garage and includes
any hard surface or other
hardscaping located parallel to the
driveway that is able to be parked on
by a motor vehicle.
Dry Cleaning
and Laundry
Plant
Means a building where dry cleaning,
dry dyeing, washing, or pressing of
articles of clothing and/or goods of
fabric is conducted.
Dwelling
Means a separate building containing
one or more dwelling units.
Dwelling,
Accessory
Means an accessory dwelling unit
that is located in a single-detached
dwelling, semi-detached dwelling,
two-unit dwelling, or townhouse
dwelling that is subordinate to the
principal dwelling.
Dwelling,
Apartment
Means a dwelling unit within a
building containing five or more
dwelling units where the units are
connected by a common corridor or
vestibule but does not include a
rooming or boarding house.
Additionally, a Mixed Use Zone
permits a dwelling unit within a
building containing a non-residential
use on the first storey. the apartment
dwelling is accessed by an entrance
separate from that for the non-
residential use.
Dwelling,
Block
Townhouse
Means a residential townhouse
building containing three or more
attached principal dwelling units that
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-10
Term
Definitions
are divided vertically and where all
the townhouses are located on one
lot or block and accessed from a
street, laneway, or common element
as part of a condominium.
Dwelling,
Duplex
Refer to dwelling, two-unit.
Dwelling, Link
Refer to dwelling, multiple.
Dwelling,
Maisonette /
Back-to-Back
Refer to dwelling, multiple.
Dwelling,
Multiple
Means a dwelling unit within a
building containing three or more
dwelling units, each of which has an
independent entrance and does not
include another dwelling type defined
herein.
Dwelling,
Principal
Means the primary dwelling unit on a
lot.
Dwelling,
Semi-
Detached
Means a building that is divided
vertically into two principal dwelling
units each with an independent
entrance to the exterior and wherein
each dwelling unit is located on a
separate lot.
Dwelling,
Single-
Detached
Means a dwelling containing one
dwelling unit.
Dwelling,
Stacked
Townhouse
Refer to dwelling, multiple.
Dwelling,
Street
Townhouse
Means a townhouse dwelling
wherein each dwelling unit is located
on a separate lot.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-11
Term
Definitions
Dwelling,
Townhouse
Refer to dwelling, multiple.
Dwelling, Two-
Unit
Means a dwelling containing two
principal dwelling units but does not
include an accessory dwelling unit.
Dwelling Unit
Means a place of residence with one
or more habitable rooms containing
separate kitchen and bathroom
facilities for private use as a single
housekeeping unit.
E
Educational
Establishment
Means a provincially approved
institution for academic instruction
and shall include a public, private, or
separate school, college, or
university.
Emergency
Service
Means police, fire, ambulance, or
paramedic services.
Environmental
Protection
Areas
Means provincially significant
wetlands, provincially significant life
science areas of natural and
scientific interest (ANSI); fish habitat,
and significant habitat of threatened
and endangered species; key natural
heritage features; and key hydrologic
features.
Environmental
Conservation
Areas
Means significant woodlands;
significant wildlife habitat; significant
habitat of species of concern;
regionally significant life science;
other evaluated wetlands; significant
valley lands; savannahs and tall
grass prairies; alvars; and publicly
owned conservation lands.
Erect
Means to build, construct,
reconstruct, move, or enlarge a
building or structure, and includes
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-12
Term
Definitions
any physical operation and
preparatory work such as excavating,
filling, grading, or draining land for a
building or structure.
Existing
Means existing as of the date of the
passing of this By-law.
F
Farm Labour
Residence
Means accommodation accessory to
agriculture and on the same lot as an
existing permanent principal farm
dwelling, provided for full-time farm
labour where the size and nature of
the farm operation requires additional
employment, in the form of any of the
following:
(a) An accessory apartment attached
to and forming part of the
principal farm dwelling; or
(b) An accessory detached dwelling
of temporary construction, such
as a mobile home; or
(c) An accessory detached bunk
house of temporary construction
where cooking and sanitary
facilities are shared.
Farm
Produce/
Product Stand
Means a building or structure where
fresh fruit and vegetables, flowers,
and plants grown, and other products
derived from the agricultural
operation on the same property are
offered for sale on a seasonal basis.
Financial
Establishment
Means a use where money is
deposited, kept, lent, and
exchanged, and shall include but not
be limited to banks, credit unions,
trust companies or other similar
banking services.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-13
Term
Definitions
First Floor
Means the floor of a building
approximately at or first above-grade.
Flea Market
Means a retail establishment
consisting of multiple vendors
engaged in the retailing of home-
made, home-grown, hand-crafted,
and antique as well as previously
owned or used goods, wares,
merchandise, or other articles.
Floor Area,
Ground
Means the area of that portion of a
lot occupied by a building or
structure, exclusive of any porch,
sunroom, or private garage.
Food
Production
Facility
Means a premises for the specialized
production or preparation and
packaging of food and beverage
products for sale to the public
primarily for consumption off the
premises such as catering
establishments, make-your-own wine
and beer establishments, test
kitchens, bulk meal preparation,
bakeries, and butchers.
Fuel Storage
Tank
Means a tank for the bulk storage of
petroleum, gasoline, fuel, oil, gas,
natural gas, or inflammable liquid; but
does not include a container for
inflammable liquid legally and
properly kept in a retail store, or a
tank for storage merely incidental to
some other use of the premises
where such tank is located.
Funeral Home
Means a premises used for the
purpose of furnishing funeral
supplies or services to the public and
includes facilities intended for the
preparation of bodies for interment or
cremation off site such as embalming
and includes an ancillary visitation
centre and place of worship and may
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-14
Term
Definitions
also include a crematorium and
cemetery.
G
Garage,
Private
Means a portion of a dwelling or a
detached accessory building or
structure accessory to a dwelling
designed or primarily used for the
parking of private motor vehicles,
permitted commercial motor vehicles,
and/or recreational vehicles, and
includes carports.
Garden
Centre
Means the use of land or a building,
or part thereof, for the display and
sale of plants, trees, shrubs, and the
like and may include the sale of
landscaping and gardening supplies
such as soils, planting materials,
mulch, hand tools, ornamental
garden décor, and similar materials
used in landscaping and gardening
but does not include the cultivation of
plants.
Garden Suite
Means a temporary one unit,
detached residential structure
containing bathroom and kitchen
facilities that is ancillary to the
existing residential structure and that
is designed to be portable.
Golf Course
Means a public or private area
operated for the purpose of playing
golf and may include a restaurant, a
clubhouse, a pro shop, driving
ranges, miniature golf, hotel,
accommodations, and similar uses
which are normally accessory to the
operation of a golf course, and which
are located on the same lot as the
golf course.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-15
Term
Definitions
Grade
Means the average level of proposed
or finished ground adjoining a
building or structure at all exterior
walls.
The City's definition of "Grade" is
mirrored in the definition in the
Ontario Building Code.
Grade.
Established
Means the grade elevation measured
at the centre point of the front lot line
for interior lots, and average of the
centre points of each lot line abutting
a road for corner lots and through
lots.
Greenhouse
Means a building for the growing of
flowers, plants, shrubs, trees, and
similar vegetation but shall not
include a garden centre or
landscaping business.
Grocery Store
Means a building or part thereof used
for the sale of food, and may include
the incidental sale of household
items, with a gross leasable floor
area of less than 3,000.0 square
metres.
Gross Floor
Area
Means the total area of each floor
whether located above, at or below-
grade, measured from the interior of
outside walls and including floor area
occupied by interior walls and floor
area created by bay windows, but
excluding:
(a) Floor area occupied by shared
mechanical, service and
electrical equipment that serve
the building;
(b) Common hallways, corridors,
stairwells, elevator shafts and
other voids, steps, and landings;
(c) Bicycle parking, motor vehicle
parking or loading facilities;
(d) Common laundry, storage and
washroom facilities that serve the
building or tenants;
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-16
Term
Definitions
(e) Common storage areas that are
accessory to the principal use of
the building;
(f) Common amenity area and play
areas accessory to a principal
use on the lot;
(g) Living quarters for a caretaker of
the building; and
(h) Outdoor patios.
Group Home
Means a group living arrangement,
within a dwelling unit occupied wholly
by a minimum of four supervised
residents and a maximum of ten,
exclusive of staff, residing on the
premises because of social,
emotional, mental, or physical
handicaps or personal distress.
A group home shall not include an
emergency shelter, lodging house,
corrections residence, or correctional
facility.
H
Habitable
Room
Means a room in a dwelling unit
designed for living, sleeping, and
eating or food preparation.
Hazard Land
Means property or lands that could
be unsafe for development due to
naturally occurring processes. Along
rivers, streams. And small inland lake
systems, this means the land,
including that covered by water, to
the furthest landward limit of the
flooding hazard or erosion hazard
limits.
Health
Related Retail
Means commercial retail
establishments related to health care
including pharmacy, optician, etc.
Heavy
Equipment
Means the sale, rental, servicing, and
accessory storage of heavy vehicles
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-17
Term
Definitions
Sales, Rental
and Service
including farm vehicles or equipment,
and transport trucks or trailers.
Heavy
Industrial
Means:
(a) The manufacturing or processing
of products from raw materials; or
(b) The production or use of
flammable, explosive, or other
hazardous materials; and
(c) The storage of these products
and materials.
Home
Furnishing
Establishment
Means the use of land, building or
structure, or part thereof, for the sale
or rental of home furnishings and
related supplies, materials, or
fixtures.
Home
Improvement
Establishment
Means the use of land, buildings or
structures, or part thereof, for the
sale of lumber, building supplies and
fixtures, lighting, kitchen and bath
materials, supplies and fixtures,
tools, plumbing supplies and fixtures,
paint and wallpaper, décor and
storage materials and supplies,
flooring materials and supplies, wall,
door or window coverings, paneling
and ceilings, seasonable items
including lawn mowers, snow
blowers, barbeques, pool equipment
and chemicals and nursery and
landscaping plants, equipment and
supplies, and may include ancillary
retails sales including a restaurant
and may include the sales of
services related to the enjoyment,
improvement or decoration of the
home or to the use of any other
goods sold in the store, and garden
centre.
Home Industry Means a small scale use, providing a
service primarily to the rural or
farming community and which is
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-18
Term
Definitions
accessory to a single-detached
dwelling or agricultural operation and
performed by one or more residents
of the household on the same
property. A home industry may be
conducted in whole or in part in an
accessory building and may include
a carpentry shop, a metal working
shop, a welding shop, an electrical
shop, or blacksmith's shop, etc., but
does not include an auto repair or
paint shop.
Home
Occupation
Means the accessory use of a
dwelling for an occupation or
business.
Hospital,
Public
Means any public institution under
provincial legislation established for
the treatment of convalescent or
chronically ill persons afflicted with
sickness, disease or injury that is
approved under the applicable
statute.
Hotel/Motel
Means a premises containing lodging
units for the temporary lodging of the
travelling public and may include
meeting facilities, recreation facilities,
a restaurant, place of assembly, and
retail establishments which are
incidental and subordinate to the
primary hotel function and located in
the same building.
I
Institutional
Use
Means the use of land, buildings, or
structures for social, educational,
health or religious purposes.
J
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-19
Term
Definitions
K
Kennel
Means a building, structure, or
fenced compound where domestic
household pets are kept, raised
and/or boarded for commercial
purposes.
Kiddie Pool
Any pool in which holds 0.61 metres
of water.
L
Landscaping/
Landscape
Area
Means the open, unobstructed
space, at grade, which is used for the
growth and maintenance of grass,
flowers, shrubbery and other
Landscaping which may include
Fountains, reflecting pools or similar
Areas, but does not include any
Access driveway or ramp, parking
lot, rooftop area without a green roof
or any open space beneath or within
Any building or structure.
Landscape
Contracting
Establishment
Means the use of land, buildings, or
structures, where soil, mulch, rock,
screening, and other similar
landscape materials are stored and
offered for sale on a wholesale basis,
and which may include but not be
limited to the storage of related
equipment. Accessory snow removal
equipment shall also be permitted.
Laneway
Means a public thoroughfare or way,
not more than 9.2 metres wide and
which affords only a secondary
means of access to abutting
property.
Light
Equipment/
Machinery
Sales, Rental
Means a building, or part thereof
where residential, industrial, and
commercial machinery and
equipment is kept for sale, rental
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-20
Term
Definitions
and Service
Establishment
and/or service to the general public.
Said machinery and equipment
includes air compressors and related
tools and accessories, augers,
automotive tools, cleaning equipment,
concrete and masonry tools, hydraulic
equipment, lawn, and garden tools,
moving equipment, painting and
decorating equipment, plumbing tools,
and power tools.
Light Industrial
Use
Means:
(a) The manufacturing from
previously prepared materials or
finished parts or finished
products;
(b) Factory or assembly-line
processes that involve the
manufacture, processing,
assembly, or packaging of
finished parts or finished
products made from previously
prepared materials; or
(c) The repair or servicing of such
products.
Loading
Space
Means an off-street area directly
adjacent to a building or unit, for the
purpose of temporary parking for
loading and unloading in conjunction
with the use on the same lot.
Long Term
Care Facility
Means an institutional care facility as
licensed under the Long Term Care
Act, as amended, and shall include
residences which provide care to
meet the physical, emotional, social,
spiritual, and personal needs of
persons.
Lot
Means one parcel of land that is
registered as a legally conveyable
parcel of land in the Land Registry
Office.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-21
Term
Definitions
Lot, Corner
Means a lot at the intersection of two
public streets or upon two parts of
the same public street with such
street or streets containing an angle
of not more than one-hundred thirty-
five degrees.
Lot, Interior
Means a lot other than a corner lot,
through lot, or through corner lot.
Lot, Through
Means a lot bounded by a public
street on two opposite lot lines but
does not include a corner lot or
through corner lot.
Lot, Through
Corner
Means a lot bounded by public
streets on three or more lot lines.
Lot Area
Means the total horizontal area within
the lot lines of a lot.
Lot Coverage
Means the horizontal area of that
part of the lot covered by all roofed
structures and buildings above
ground level, excluding permitted
eave projections and balconies,
expressed as a percentage of the lot
area.
Lot Depth
Means the horizontal distance
between the front and rear lot lines.
Where these lines are not parallel, it
shall be the length of a line joining
the mid points of the front and rear
lot lines.
Lot Frontage
Means the horizontal distance
between the side lot lines; where
such side lot lines are not parallel,
the lot frontage shall be measured 6
metres from the front lot line and
parallel to the front lot line.
Where the front lot line is not a
straight line the lot frontage shall be
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-22
Term
Definitions
measured 6 metres from the centre
point of the chord and parallel to the
chord.
For the purposes of lot frontage, the
chord shall be the straight line joining
the two points where the side lot
lines intersect the front lot line.
Lot Line
Means any boundary of a lot.
Lot Line,
Exterior
Means a lot line other than a front lot
line that abuts a street.
Lot Line, Front Means any lot line abutting a street,
and:
(a)
For a corner lot, through lot or
through corner lot, the
shortest of the lot lines that
divide the lot from the road
shall be deemed to be the
front lot line.
(b)
For a corner lot, through lot, or
through corner lot where such
lot lines are of equal length,
the city may deem any of the
lot lines that divide the lot from
the street as the front lot line.
Lot Line,
Interior Side
Means a lot line other than a front,
rear, or an exterior lot line.
Lot Line, Rear
Means the lot line opposite to, and
most distant from, the front lot line,
but where the side lot lines intersect,
the rear lot line shall be the point of
intersection of the side lot lines.
Lot Line, Side
Means the interior side lot lines and
exterior lot lines.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-23
Term
Definitions
M
Marina
Means a commercial establishment,
containing docking or mooring
facilities where boats or boat
accessories are berthed, stored,
serviced, repaired, constructed, or
kept for sale or lease and where
facilities for sale of marine fuels or
lubricants, ancillary retails sales,
ancillary restaurants, and taxi and/or
barging service may also be
provided.
Market
Garden
Means the use of land for the
intensive commercial cultivation of
vegetables, mushrooms, fruits, and
flowers, and may include a
horticultural nursery, retail sales
limited to products grown on site and
a commercial greenhouse.
Medical Office
or Clinic
Means a premises designed and
used for the diagnosis, examination,
and treatment of human patients by a
physician, dentist, drugless
practitioner, and/or health
professional licensed by the province
of Ontario, including pharmacies and
dispensaries, waiting rooms,
treatment rooms and laboratories,
but shall not include overnight
accommodation for in-patient care.
Mobile Home
Means any dwelling that is designed
to be mobile and constructed or
manufactured to provide a
permanent residence for one or more
persons including a modular style
dwelling, in accordance with the
applicable Canadian standards
association standards, but does not
include recreational equipment.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-24
Term
Definitions
Motor Vehicle
Means an automobile, motorcycle,
motor-assisted bicycle, and any other
vehicle propelled or driven otherwise
than by muscular power but does not
include a streetcar or other motor
vehicles running only upon rails, or a
motorized snow vehicle, traction
engine, farm tractor, self-propelled
implement of husbandry, or road-
building machine.
Motor Vehicle
Body Shop
Means a premises used as a motor
vehicle repair establishment,
including the painting, and repairing
of bodies and fenders.
Motor Vehicle
Sales
Dealership
Means a premises used for the sale
and/or rental of motor vehicles and/or
major recreational vehicles and may
include, as accessory uses, a motor
vehicle service station and motor
vehicle body shop.
Motor Vehicle
Repair
Establishment
Means a premises for the service,
maintenance, and repair of motor
vehicles, and may include the
accessory retail sale of automotive
parts and accessories and motor
vehicle sales, lease and/or rental, but
does not include a motor vehicle
body shop.
Motor Vehicle
Service
Station
Means a premises where fuel
(including but not limited to propane)
for motor vehicles and/or other
portable containers is kept and
dispensed for sale, which may
include the following accessory uses:
retail store, restaurant, motor vehicle
sales, lease and/or rental, but does
not include a motor vehicle body
shop or motor vehicle washing
establishment.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-25
Term
Definitions
Motor Vehicle
Washing
Establishment
Means a premises used for the
mechanical or manual washing,
cleaning, or polishing of motor
vehicles.
N
Non-
Complying
Means a building, structure or lot that
does not comply with the
regulation(s) of this By-law.
Non-
Conforming
Means a use that is not a permitted
use in the Zone in which the said use
is located.
Nursery
Means an agricultural operation for
the growing of plants, shrubs, trees,
or similar vegetation and may include
accessory retailing of horticultural
products grown on site and bulk
product such as, but not limited to,
soil, mulch, and aggregate.
O
Obnoxious
Use
Means a use which, from its nature
or operation, creates a nuisance or is
liable to become a nuisance or
offensive by the creation of noise or
vibration, or by reason of the
emission of gas, fumes, dust, light, or
objectionable odour, or by reason of
the matter, waste or other material
generated by the user, and without
limiting the generality of the
foregoing shall include any uses
which may be declared to be a health
hazard under the Health Protection
and Promotion Act, as amended.
Permitted uses which are operating
in accordance with all applicable
federal, provincial, and municipal
rules and regulations are deemed not
to be obnoxious.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-26
Term
Definitions
Office
Means a building or part of a building
in which management, clerical,
administrative, consulting, advisory or
training services are offered or
performed, including the provision of
government or social services and
other similar services including call
centres but shall not include a
medical clinic or medical office.
Office, Major
Means a freestanding office building
of 10,000.0 square metres or greater.
Open Space
Means an area open to the sky,
which is used for the growth and
maintenance of grass, flowers,
shrubbery, trees, and other
landscaping and includes all
surfaced walkways, patios,
swimming pools or similar areas but
does not include any access
driveways or ramps, parking areas or
roof-top areas without a green roof.
Outdoor
Display and
Sales Area
Means an outdoor area that may
contain a building or structure used
for the accessory display, rental, or
sale of products or the supply of
services in association with the
primary use of the lot.
Outdoor
Storage
Means the stockpiling or storage of
goods in an open yard not housed in
any permanent building or structure.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-27
Term
Definitions
P
Park
Means a playground, sports field,
botanical garden, or outdoor public
swimming pool, and may also include
accessory buildings or structures
such as a maintenance building,
washroom or canteen.
Park, Private
Means an area of land not under the
jurisdiction of a public authority that is
designed or maintained for active or
passive recreational purposes and
shall include a trail.
Parking Area
Means an uncovered area for the
parking of motor vehicles at grade
and includes parking on the roof of
an underground parking structure
where the roof is at grade.
Parking,
Queuing Lane
Means a continuous on-site queuing
lane that includes stacking spaces
for motor vehicles which is separated
from other vehicular traffic and
pedestrian circulation by barriers,
markings, or signs.
Parking Space Means an unobstructed area for the
parking of a motor vehicle.
Parking
Structure
Means an area for the parking of
motor vehicles provided in a building,
structure or underground but does
not include a private garage.
Parking,
Stacking
Space
Means a rectangular space that may
be provided in succession and is
designed to be used for the
temporary queuing of a motor
vehicle, in a stacking lane.
Passive
Recreational
Trail
Means a trail that is designed,
constructed, and managed to
minimize its impact on natural
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-28
Term
Definitions
heritage features. Trail surfaces will
be a combination of porous surfaces,
such as native soils and/or
woodchips, and may include
boardwalks and other similar/like
items where required.
Patio
Means an outdoor amenity area
where seating accommodation can
be provided or where meals or
refreshments are served to the public
for consumption.
Pergola
Means an open structural framework
supported by posts over an outdoor
area.
Person
Means an individual, association, firm,
partnership, corporation, trust,
organization, trustee or agent, and the
heirs, executors, or legal
representatives of the person to
whom the context can apply
according to law.
Pet Care
Establishment
Means a retail establishment or place
where the caring of or grooming, or
training of household pets occurs
without outdoor pens or corrals and
may provide overnight boarding.
Pet Shop
Means a shop or place where
animals or birds for use as pets are
sold or kept for sale and may include
premises used for the grooming
and/or sale of domestic animals but
does not include any overnight
boarding.
Pit
Means lands under license or permit,
other than wayside pits and quarries,
issued in accordance with the
Aggregate Resources Act, as
amended, or successors there to,
and includes land not designated
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-29
Term
Definitions
under the Aggregate Resources Act,
as amended, that is used for
established pits and quarries existing
as of the date of passage of this By-
law, and including adjacent land
under agreement with or owned by
the operator for the continuation of
the operation; and includes
associated facilities used in
extraction, transport, beneficiation,
processing or recycling of mineral
aggregate resources and derived
products such as asphalt and
concrete, or the production of
secondary related products.
Pit, Wayside
Means a temporary pit or quarry
opened and used by or for a public
authority solely for the purpose of a
particular project or contract of road
construction and not located on the
road right-of-way.
Place of
Assembly
Means a place designed and used to
accommodate gatherings of people
such as clubs, reception halls,
conference centres, legion halls,
assembly halls and lodges, and for
events such as trade shows,
banquets, and political or other
conventions.
Place of
Entertainment
Means a premises used for facilities
for the entertainment of the public
including a cinema, live theatre,
concert hall, planetarium, or other
similar use, as well as facilities for
the playing of games for the
amusement of the public including
billiard rooms, bowling alleys, laser
games, arcades, electronic games,
indoor miniature golf courses and
bingo halls but does not include
casinos or any other establishment
accommodating gambling services,
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-30
Term
Definitions
an adult entertainment
establishment, nightclub, or a sports
facility.
Place of
Worship
Means a lot, building or structure, or
part thereof, used for the practice of
religion and faith-based spiritual
purposes where people assemble for
religious worship, faith-based
teaching, fellowship, and community
social outreach.
Planting Strip
Means a strip of land, located within a
required yard, devoted solely to the
growing of grass, trees and/or
ornamental shrubs and composed of
planting material suitable to the soil
and climate conditions of the site.
Porch
Means an unenclosed, covered
platform with direct access to the
ground that is attached to a building.
Principal Use
Means the primary purpose for which
a lot, building or structure is used, or
is intended to be used.
Privacy
Screen
Means a decorative wall or fence
designed to provide privacy for a
patio, deck, balcony, or part of a
yard.
Private Club
Means a premises used as a
meeting place by members and
guests of members of non-profit and
non-commercial organizations of
community, social or cultural
purposes, but does not include uses
that are normally carried out as a
commercial business.
Propane
Transfer
Facility
Means a fixed location where the
transfer of propane fuel from one
container to another is affected.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-31
Term
Definitions
Public
Authority
Means Federal or Provincial bodies,
the Regional Municipality of Niagara,
or the City of Welland, and includes
any commission, board, authority, or
department established by or for any
of them.
Public Storage Means a premises used for the
purpose of providing rented self-
service storage units for use by
private citizens.
Q
R
Recreation
means the use of land for leisure,
passive and/or athletic activities.
Recreation.
Passive
means activities that involve
relatively unorganized recreational
pursuits, generally in the outdoors,
such as walking, sitting, and
picnicking, and trails.
Recreational
Vehicles
Means either a portable structure
designed and built to be carried by a
motor vehicle, or a unit designed and
built to be transported on its own
wheels, for purposes of providing
temporary living accommodation or
recreational enjoyment for travel, and
shall include, for example, motor
homes, recreational vehicle (RV),
travel trailers, tent trailers, boats,
boat trailers, motorized snow
vehicles or other like or similar
equipment, excluding bicycles.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-32
Term
Definitions
Repair Shop
Means a premises for the servicing
or repair of articles excluding any
repairs or services to motor vehicles.
Research and
Development
Centre
Means a place used for systematic
research, data collection and
manipulation, or technical or
scientific development of information
or new products and may include a
research laboratory; but excludes
industrial and manufacturing
operations other than those required
as part of the research.
Residential
Care Facility
Means a dwelling, or part thereof,
where accommodations are
provided, along with support services
such as personal care, medical care,
and/or nursing, for persons with
special needs. The dwelling may
contain accommodation for staff.
Restaurant
Means a premises, where meals or
refreshments are provided to order
for take-out, delivery and/or eat-in
and may include table service on an
accessory patio.
Retail Centre
Means a combination of two or more
retail, service commercial, recreation
or office uses, in one or more
buildings, on one or more parcels of
land, designed as an integrated,
planned development having
common off-street parking and
access driveways.
Retail
Establishment
Means a premises in which goods,
wares, merchandise, substances,
articles, or things are displayed,
rented, or sold directly to the public
not including home furnishing retail
establishments or building and
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-33
Term
Definitions
lumber supply establishments or
supermarkets or grocery stores.
Retirement
Home
Means a building or related group of
buildings in which one or more rental
units of living accommodation are
located, and includes all common
areas and services and facilities
available for the use of the residents
of the complex;
(a)
That is occupied primarily by
persons who are sixty-five
years of age or older,
(b)
Where the operator of the
home makes at least two (2)
care services available,
directly, or indirectly, to the
residents,
But does not include premises or
parts of premises that are governed
by or funded under the Homes for
Special Care Act, as amended,
means a building or related group of
buildings in which one or more rental
units of living accommodation are
located, and includes all common
areas and services and facilities
available for the use of the residents
of the complex; the Ministry of
Community and Social Services Act,
as amended, the Private Hospitals
Act, as amended, the Public
Hospitals Act, as amended, or the
Services and Supports to Promote
the Social Inclusion of Persons with
Developmental Disabilities Act, as
amended, or premises at which
emergency hostel services are
provided under the Ontario Works
Act, as amended.
S
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-34
Term
Definitions
Salvage Yard
Means a lot, building or structure
used for wrecking, dismantling,
storing and/or selling used goods,
wares or materials and includes a
junk yard, a scrap metal yard and a
motor vehicle wrecking yard.
Sample or
Showroom
Means a building or part of a building
where samples or patterns are
displayed, and orders taken for
goods, wares and merchandise for
future delivery and includes the
display room of a wholesale
merchant.
School,
Commercial
Means a building, or part thereof,
where instruction of a skill is provided
for profit and may include instruction
in a trade, business, art, music,
dance, cooking, athletic skill, or any
other specialized instruction but does
not include an educational
establishment including a college or
university.
School, Post-
Secondary
Means a public university or college
of applied arts and technology, and
may include a dormitory, restaurant,
financial institution, and service
commercial establishment as
accessory uses.
School,
Private
Means a premises, including outdoor
areas, where academic instruction in
a full range of elementary or
secondary school courses of study is
provided.
School, Public
Means a premises, including outdoor
areas, where academic instruction in
a full range of elementary or
secondary school courses of study is
provided under the jurisdiction of a
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-35
Term
Definitions
school board established by the
Province of Ontario.
Screening
Device
A barrier used for the purpose of
providing privacy/screening.
Seasonal
Outdoor Use
Means the use of lands for the sale
of seasonable products.
Secondary
Means, when used to describe a use
of land, building or structure, a use
which is secondary to the principal
use of the property.
Service
Commercial
Establishment
Means a place where:
(a)
A service is performed for the
personal grooming and
personal effects or clothing of
the consumer, including a hair
styling salon; tattoo and
piercing parlours; spa; tanning
salon; shoe repair shop; dry
cleaning depot; laundromat;
tailor shop or dressmakers
shop; or massage therapy but
excluding a body rub parlour;
(b)
A consultation or information
service is provided by a
professional, other than a
medical professional,
including a travel agency or an
interior decorator; or
(c)
Other personal or business
services are provided
including a catering service,
printing, publishing,
photocopying, picture framing
or photofinishing service, and
custodial services including
self-service operations.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-36
Term
Definitions
Shall
In this By-Law, the word "shall" is
mandatory and not directory.
Shelter
/Pavilion
Means a large open structure with a
roof and open sides and may provide
a patio or other seating within an
open space zone.
Shopping
Centre
Means three (3) or more of
commercial, retail, or service
occupancies planned, designed, and
managed as a unit having a gross
leasable area of not less than 5000
square metres, having a common
public parking area provide on the lot
and may include a department store.
Short-Term
Rental
Means a dwelling unit that is rented
for a period of 28 consecutive days or
less but does not include a bed and
breakfast, hotel/motel, or boarding or
lodging house.
Sight Triangle
Means a triangular area on a lot
determined by measuring a specified
distance along each street line and
joining such points with a straight
line.
Social
Services
Establishment
Means an establishment in which
non-profit services intended to
promote and improve the
independence, economic self-
sufficiency, social and health
development of citizens are provided
and shall include but not be limited to
clerical, administrative, consulting,
counselling, office, and recreational
functions for a non-profit agency but
shall not include facilities in which
overnight accommodation is
provided.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-37
Term
Definitions
Storey
Means that portion of a building
between the surface of a floor and
the floor, ceiling, or roof immediately
above, but does not include an attic
or basement.
The determination of what
constitutes a "Storey" is based on
the Ontario Building Code.
Storey, Half
Means that portion of a building
situated within the roof or having its
floor level not lower than 1.2 metres
below the line where the roof and
outer walls meet and having a roof
not steeper than fifty-five degrees
above the horizontal.
Street Line
Means the line dividing a lot from a
street. It is where the limit of the
street allowance and a lot line meet,
and shall not be construed to be a
curb, sidewalk, or other delineation
other than as described.
Street, Public
Means a roadway owned and
maintained on a year-round basis by
a public authority.
Stormwater
Management
Facility
Means an end-of-pipe, managed
detention, or retention basin, which
may include a permanent pool,
designed to temporarily store, and
treat collected stormwater runoff and
release it at a controlled rate or direct
it for an intended reuse.
Structure
Means anything that is erected, built
or constructed of parts joined
together the result of which is fixed
to, supported by or incorporated
within the soil and/or any other
structure, and without limiting the
generality shall include a satellite
dish, air conditioner, a swimming
pool, hot tub, outdoor
uncovered/unenclosed deck raised
above-grade, a building, but shall not
include pavement, curbs, walkways,
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-38
Term
Definitions
clothes line pole, trellis, arbour, flag
pole, kiddie pool, play structure,
basketball pole/net or such like
objects or a fence.
Supermarket
Means a retail store for the sale of
food, food stuffs, beverages,
housewares, health and beauty aids,
pharmaceutical products, pet
supplies, hardware, plants and
nursery products and general
merchandise related thereto and
having a gross leasable floor area of
more than 3,000.0 square metres.
T
Trucking
Operation
Means an establishment engaged
primarily in the provision of local and
long distance trucking, transfer and
related services including repair and
maintenance of trucks with the
exception of those establishments
engaged principally in the
transportation of used uncrated
household goods.
U
Use
Means the purpose for which any lot,
building, structure, or premises is
arranged, designed, intended,
occupied, or maintained.
V
Visual Barrier
Means a continuous, uninterrupted
structure which completely blocks
lines of sight when viewed
perpendicularly from either of its
sides and shall consist of one or
more of the following materials:
wood, stone, brick, mortar,
prefabricated metal or other similarly
sold material.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-39
Term
Definitions
Veterinary
Clinic
Means a premises used for the
diagnosis, examination, treatment,
and overnight care of animals
supervised by a licensed
veterinarian, all within enclosed
buildings and may include the
dispensing and sale of associated
medical products and other pet
products and services but does not
include a kennel.
W
Warehouse
Facility
Means a building or structure, or part
thereof, used for the bulk storage or
distribution of goods and equipment
to industrial, commercial, or
institutional business users or other
wholesalers, but shall not include the
retailing of goods to the general
public. A warehouse including self-
storage units and mini-warehouses
but shall not include a waste
management facility, salvage yard or
towing establishment.
Waterbody
Means the Welland canal.
Waterway,
Navigable
Means a waterbody sufficiently deep
and wide to give a passage to a boat.
Wholesaling
Facility
Means a building or structure or part
thereof where the purpose of the
business is the buying of goods for
resale to other industrial,
commercial, institutional, and
agricultural business users including
other wholesalers, and includes
distribution.
X
Y
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 4: Definitions | Page 4-40
Term
Definitions
Yard
Means any open uncovered,
unoccupied space appurtenant to a
principal building.
Portions of building below-grade are
subject to the same yard
requirements as building above-
grade, unless otherwise permitted by
this By-law (i.e., parking structures in
the Mixed Use Zones).
Yard, Exterior
Side
Means a yard of a corner lot
extending from the front yard to the
rear yard between the exterior side
lot line and the nearest wall of a
principal building or structure on the
lot.
Yard, Front
Means a yard extending across the
full width of the lot between the front
lot line and any part of any building
on the lot.
Yard, Interior
Side
Means a yard other than an exterior
side yard that extends from the front
yard to the rear yard between the
interior side lot line and the nearest
wall of a principal building or
structure on the lot.
Yard, Rear
Means a yard extending across the
full width of the lot between the rear
lot line and the nearest wall of any
principal building or structure on the
lot.
Yard,
Required
Means the minimum yard required by
the provisions of this by-law, or any
variances approved by the
committee of adjustment.
Yard, Side
Means a yard extending from the
front yard to the rear yard between a
side lot line and the nearest wall of a
principal building or structure on a
lot.
Z
Zone
Means a defined area of land use
shown on the zone maps of this By-
law.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-1
SECTION 5
GENERAL PROVISIONS
5.1
Access
a)
Unless otherwise specified in this By-law, no person shall erect or use a
building or structure unless the lot upon which the building or structure is
situated, erected, or proposed to be erected fronts on a street.
b)
No person shall erect or use a building or structure unless the street
referenced in Subsection 5.1 a), is paved with a base course of asphalt, all
water and sewer mains and service laterals to the property line are
installed and tested, and all street name and traffic control signs are
installed, all to the satisfaction of the City Engineer, save and except the
provisions related to model homes contained in a registered subdivider's
agreement or model home agreement.
5.2
Accessory Dwelling Units
Notwithstanding any other provisions of this By-law, where accessory dwelling units are
permitted by this by-law they shall be in accordance with the following provisions:
a)
Not more than two accessory dwelling units are permitted in association
with a single-detached dwelling, semi-detached dwelling, two-unit dwelling
and townhouse dwelling if no building or structure ancillary to the single-
detached dwelling, semi-detached dwelling, two-unit dwelling or
townhouse dwelling contains a residential dwelling unit.
b)
One accessory dwelling unit is permitted in a building accessory to a
single-detached dwelling, semi-detached dwelling, two-unit dwelling or
townhouse dwelling if the single-detached dwelling, semi-detached
dwelling, two-unit dwelling or townhouse dwelling contains not more than
one accessory dwelling unit.
c)
Parking shall be in accordance with Section 6.
d)
Detached accessory dwelling units shall be in accordance with Section 5.3.
5.3
Accessory Uses, Buildings and Structures
The following provisions shall apply to all accessory uses, buildings, and
structures. These provisions shall not apply to any attached private garages and
parking areas.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-2
5.3.1 General
a)
Where this By-law provides that a lot may be used for a permitted use or a
building or structure may be erected or used for a permitted use, that use
shall include any accessory building or structure or accessory use, but
shall not include:
i)
Any occupation for gain or profit conducted within or accessory to a
dwelling unit except where specifically permitted by this By-law;
ii)
Any building used for human habitation, except where specifically
permitted by this By-law;
iii)
An outdoor furnace or outdoor wood-burning sauna;
iv)
Any storage container, portable storage unit, repurposed motor
vehicle in whole or in part, intermodal container or other such like
container in any zone other than an industrial zone.
v)
A "sea can" container in any zone other than the Agricultural - A1
zone or any industrial zone.
b)
The accessory use, building or structure shall be located on the same lot
and in the same zone as the principal use, building or structure.
5.3.2 Location
a)
Except as otherwise provided herein, no person shall erect or locate a
detached private garage or other accessory building:
i)
In any yard other than an interior side or rear yard;
ii)
Without maintaining a minimum setback of 0.9 metres from any
side or rear lot line;
iii)
Closer to a street line than the minimum setback required for a
principal building on the same lot, and in the case of a detached
private garage, not less than 5.5 metres to a street line; or
iv)
So as to interrupt or encroach into a required planting strip.
b)
No person shall erect or locate an accessory building less than 0.9 metres
from any principal building.
5.3.3 Height
Except as otherwise provided herein, no person shall erect an accessory building
which exceeds 6.0 metres in height in any residential zone.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-3
5.3.4 Lot Coverage
a)
The total lot coverage of all accessory buildings and structures on a lot
shall not exceed ten percent of the area of any lot in any zone. This does
not apply to decks or open air swimming pools.
5.3.5 Special Provisions for Certain Accessory Uses, Buildings and Structures
a)
Accessory Dwelling Units: Refer to Subsection 5.2;
b)
Bicycle Parking Requirements: Refer to Subsection 6.7;
c)
Drive-Through Facilities: Refer to Subsection 5.9;
d)
Encroachments: Permitted Yard, Setback and Height Encroachments
(applicable to certain Accessory Buildings and Structures): Refer to
Subsection 5.10;
e)
Fences and Privacy Screens: Refer to Subsection 5.12;
f)
Garbage and Refuse Storage and Enclosures: Refer to Subsection 5.14;
g)
Garden Suites: Refer to Subsection 5.15;
h)
Home Industries: Refer to Subsection 5.17;
i)
Home Occupations: Refer to Subsection 5.18;
j)
Loading Spaces: Refer to Subsection 6.6;
k)
Parking and Loading Regulations: Refer to Section 6;
l)
Pergolas: Refer to Subsection 5.27;
m)
Seasonal Outdoor Uses: Refer to Subsection 5.34;
n)
Swimming Pools and Hot Tubs: Refer to Subsection 5.40;
o)
Trailers, Recreational Vehicles and Boat Parking and Storage: Refer to
Subsection 6.12.
5.4
Apartment Units in Commercial and Mixed Use Zones
Where permitted by this By-law an apartment unit permitted in commercial and
mixed use zones shall be in accordance with the following provisions:
a)
Apartment unit(s) shall be located in the second or higher storey of
commercial buildings.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-4
b)
An apartment unit shall be prohibited on the same lot as a motor vehicle
body shop, motor vehicle dealership, motor vehicle repair establishment,
motor vehicle service station or motor vehicle washing establishment.
c)
Parking and loading requirements shall be provided for the apartment
unit(s) in accordance with Section 6.
5.5
Bed and Breakfast Establishments
Bed and breakfast establishments are subject to the following regulations:
a)
The bed and breakfast establishment shall have the operator residing on
the premises; and
b)
A bed and breakfast establishment shall only be permitted in a single-
detached dwelling and shall not contain more than three rooms for hire;
and
c)
The bed and breakfast establishment shall be a secondary use to the
principal residential use of a single-detached dwelling and shall maintain
the residential character of the dwelling; and
d)
No external display or advertising shall be permitted on the site, other than
in accordance with the home occupations provisions of the City of Welland
sign by-law, as amended, or its successor; and
e)
Bed and breakfast establishments must front on a public street and be
fully serviced by a municipal sewer system and a municipal water system
if they are available on the public street.
5.6
Condominiums
5.6.1 Standard Condominiums
Internal lot lines created by:
a)
a registration of a plan of condominium; or
b)
a plan or plans of condominium registered on all or a portion of a lot which
is part of a comprehensively planned development subject to a
development agreement pursuant to Section 41 of the Planning Act, as
amended;
Shall not be construed to be lot lines for the purposes of zoning regulations
provided that all applicable regulations of this By-law relative to the whole lot and
its external lot lines, existing prior to any condominium plan registration are
strictly observed.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-5
5.6.2 Vacant Land Condominiums
a) More than one single-detached dwelling, semi-detached dwelling, two-unit
dwelling or townhouse dwelling shall be permitted on a lot provided that
each dwelling has direct access to a public street or an internal private
access driveway or street that is a common element in a registered
condominium connecting to a public street and that each dwelling is located
on a lot in a vacant land condominium.
i.
For the purposes of this regulation, the front lot line for each unit
in a vacant land condominium shall be deemed to be that lot line
abutting the internal access driveway or private street portion of
the common element or the lot line abutting a public street
wherever the driveway access is, and the dwelling on such a lot
shall comply with all applicable zoning regulations.
ii.
For the purposes of this regulation internal unit boundaries
created in a vacant land condominium shall not be construed to
be lot lines for the purposes of zoning regulations provided that
all applicable regulations of this By-law relative to the whole lot
and its external lot lines, existing prior to any condominium plan
registration are strictly observed.
5.6.3 Common Element Condominiums
Notwithstanding Section 5.13 of this By-law, single-detached dwellings, two-unit
dwellings or townhouse dwelling shall be permitted on lots without frontage on a
public street provided that all such dwellings are located on Parcel of Tied Lands
(POTL) to a Common Element Condominium (CEC) consisting of at least a
common private driveway connecting to a public street.
Where lands have been comprehensively planned and are subject to an
approved Site Plan or Development Agreement pursuant to Section 41 of the
Planning Act, as amended, any Zoning deficiencies resulting from the creation of
the POTL, shall be deemed to conform to the regulations of the By-law provided
that:
a)
All applicable regulations of the by-law relative to the whole lot and its
external lot lines, existing prior to any condominium plan registration are
complied with; and
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-6
b)
Each dwelling unit shall have an unobstructed access at grade or ground
floor level, having a minimum width of 1.0 metres, from the front yard to
the rear yard of the lot either by:
i)
Direct access on the lot without passing through any portion of the
dwelling units; or
ii)
Direct access through the dwelling unit without passing through a
living or family room, dining room, kitchen, bathroom, bedroom, or
recreation room or any hallway that is not separated by a door to
any such room; or
iii)
Access over adjacent lands that, if the lands are not owned by the
city or the Region of Niagara, are secured by an easement or are a
common element of the condominium.
Any additions or alterations to the dwelling; accessory structures; yard
projections; and driveways and widening(s) of driveways added subsequent to
the registration of the condominium, which are not shown on the approved site
plan must comply with the applicable zoning regulations for the type of dwelling
contained within the POTL. For the purposes of this regulation, the front lot line
shall be deemed to be the shortest lot line abutting the public street, internal
driveway or internal walkway which provides primary access to the dwelling.
5.7
Construction Uses and Sales Offices
The following uses are permitted in all zones within the City:
a)
A temporary construction office, temporary fenced compound, tool shed,
scaffold, storage container, garbage dumpster or other building or
structure incidental to construction on the lot where it is situated and only
for so long as it is necessary for the work in progress and until or unless
the work is completed or abandoned. "abandoned", for the purpose of this
clause, shall mean the failure to proceed expeditiously with the
construction of the work.
Notwithstanding the Fence By-law, as amended, such fence enclosing a
compound in a Residential Zone shall meet the following criteria:
i)
Maximum height of 2.6 metres;
ii)
Chain link construction;
iii)
No barbed wire;
iv)
No electric fencing; and
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-7
v)
May be located within the required front yard.
b)
A temporary sales office used for the sale of residential, industrial, or
commercial lots or units in a plan of subdivision or a plan of condominium
which has received draft approval or has been zoned to permit the
development shall be permitted for a maximum of five years. A temporary
sales office shall comply with the applicable setbacks of the zone in which
the office is located.
c)
A temporary construction trailer and a temporary fenced compound for
construction materials, provided such trailer or compound is located at the
time of the installation, at least 45.0 metres from an existing dwelling unit
under construction.
i)
Notwithstanding the Fence By-law, as amended, such fence
enclosing a compound in a Residential Zone shall meet the
following criteria:
(1)
Maximum height of 2.6 metres;
(2)
Chain link construction;
(3)
No barbed wire;
(4)
No electric fencing; and
(5)
May be located within the required Front Yard.
5.8
Day Care Centres
Where a day care centre is provided within a commercial or mixed use building
larger than 1,858.0 square metres, the floor area devoted to the day care centre
shall not be included in the maximum gross floor area permitted, or in the
calculation of the required parking requirements for the building.
5.9
Drive-Through Facilities
a)
a drive-through use shall be a permitted accessory use to a permitted
Commercial Use with the exception of a Commercial Use within the
Downtown Mixed Use Centre Zone.
b)
A drive-through shall include a minimum of eight designated stacking
spaces for restaurants and two stacking spaces for any other use.
c)
A stacking space shall be a minimum of 5.5 metres in length and 3.0
metres in width.
d)
A stacking lane shall not be permitted within 10.0 metres of any
Residential Zone. The required setback may be reduced to a minimum of
3.0 metres, provided that a noise wall, certified by a professional engineer,
no taller than 1.8 metres exclusive of decorative elements, is installed
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-8
prior to occupancy of the drive-through facility. The noise levels shall not
exceed the maximum levels specified by the Ministry of Environment's
NPC-300 - Environmental Noise Guideline, as amended, for stationary
sources of noise.
e)
Stacking spaces shall not be included in the calculation of required
parking.
f)
Stacking spaces shall not be located within any access aisle or access
driveway.
5.10 Encroachments: Permitted Yard, Setback and Height Encroachments
5.10.1 Accessibility Ramps and Lifts
Notwithstanding the yard provisions of this By-law, lifts, hoists, ramps, and
railings used for barrier-free access shall be permitted in any required yard, but
not in a sight triangle.
5.10.2 Awnings and Balconies
Notwithstanding any other provisions of this By-law, awnings which do not
exceed 4.0 metres in height, and which are structurally attached to the main wall
of a building, and unenclosed balconies shall be permitted to encroach up to a
maximum of 1.5 metres within a required front yard and/or exterior side yard and
1 metre within a required interior side yard and/or rear yard.
5.10.3 Bay Windows
Notwithstanding the yard provisions of this By-law, no person shall permit a bay
window, excluding eaves and cornices, with a maximum width of 3.0 metres and
a maximum height not exceeding the required height specified in this by-law, to
project into a required front, rear, or exterior side yard further than a maximum
distance of 1.0 metre.
5.10.4 Building in Built-up Area (Residential Zones)
Notwithstanding any other provision of this By-law, in any residential zone, a
principal building between existing principal buildings or adjacent to existing
principal buildings which are adjacent to the lot, and which are separated by no
more than 20.0 metres, may be built with a setback equal to, or greater than, the
average setback of the adjacent buildings.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-9
5.10.5 Decks, Porches, Steps
a)
Open or roofed porches and stairs may project 1.5 metres into any
required front or exterior side yard and 3.0 metres into any rear yard,
provided the structure is not higher than 1.5 metres from grade.
b)
In any interior side yard, the setback requirements for the principal
building shall apply with the exception of steps not higher than 0.5 metres,
above-grade.
c)
Stairs that lead to areas below-grade are permitted within any yard but not
within a required yard; however, they may project a maximum of 1.5
metres provided said structure is not higher than 4.0 metres from grade.
d)
Decks may project into any required front or exterior side yard a distance
of not more than 1.5 metres provided said structure is not higher than 4.0
metres from grade.
e)
Decks may project a maximum of 3.75 metres into the required rear yard,
provided said deck is not higher than 1.5 metres above-grade.
5.10.6 Driveways, Parking and Walkways
Driveways, access driveways, parking areas and walkways shall be permitted to
traverse required yards.
5.10.7 Heat Pumps, Air Conditioners, Ventilating Equipment, Generators, etc.
a)
Heat pumps, air conditioners, ventilating equipment, generators etc., shall
be permitted to encroach into any interior side or rear yard, but not closer
than 0.5 metres to any lot line.
b)
Heat pumps, air conditioners, generators etc., shall not be permitted in
any front yard.
c)
Heat pumps and air conditioners shall be permitted in any exterior side
yard, but not closer than 3.0 metres to a street line.
5.10.8 Height Exceptions
Notwithstanding any other provisions in this By-law, nothing in the By-law shall
apply to prevent the erection or use of:
a)
A stair tower, elevator shaft, chimney stack or other heating, cooling, or
ventilating equipment on the roof of the building, provided:
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-10
i)
The maximum height at the top of such elevators or elements is no
higher than 6.0 metres above the roof of the building;
ii)
No structure shall enclose space so as to constitute a part or all of
a penthouse or other habitable space; and
iii)
Such elements are screened to a maximum height of 6.0 metres
above the roof.
b)
A spire or feature ornamental to a place of worship, a belfry, a flagpole, a
clock tower, a chimney, a radio or television tower, or an antenna or
satellite dish; and
c)
Elements such as free standing chimney stacks, scrubbers, and other
similar equipment for the purpose of pollution abetment in the case of an
industrial building.
5.10.9 Ornamental Structure
Notwithstanding the yard provisions of this By-law, no person shall permit a sill,
belt course, chimney, cornice, eave, awning, gutter, parapet, pilaster, or other
ornamental structure with or without a foundation to project into any required yard
further than a maximum distance of 0.5 metres.
5.10.10
Structures
Notwithstanding the yard provisions of this By-law, clothes lines, flag poles,
garden trellises, fences, retaining walls, monuments, pergolas, or lawful swings,
shall be permitted in any required yard, except where specifically excluded in a
corner lot sight triangle or planting strip in accordance with the provisions of this
By-law.
5.11 Expropriation: Reduction in Regulations
5.11.1 Reduced Lot Area and/or Lot Frontage and/or Lot Depth of a Vacant Lot
If the lot area and/or frontage and/or depth is reduced on a vacant lot as a result
of the action of the City, the Region of Niagara or of the Provincial or Federal
Government or a Crown Agency, such as an expropriation or dedication, then a
permitted use may be located on the vacant lot provided all other regulations of
the by-law are complied with.
5.11.2 Reduced Regulations or a Lot with an Existing Permitted Use
Where, as a result of the action of the City, the Region of Niagara or of the
Provincial or Federal Government or Crown Agency, a lot with an existing
permitted building, structure, or use becomes non-complying with one or more
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-11
regulations of this By-law, then the existing building, structure or use may be
repaired, renovated, altered or enlarged, provided that the repair, renovation,
alteration, or enlargement does not cause further contravention to the regulations
of this By-law. Furthermore, the non-complying circumstance shall be considered
to comply with this By-law.
5.12 Fences and Privacy Screens
Fences and walls are permitted in all zones subject to the following provisions:
5.12.1 Provision Applicable to All Zones
Fences shall be subject to the provisions of Fence By-law, as amended.
5.12.2 Privacy Screens
a)
Privacy screens are permitted on decks and balconies for single-
detached dwellings subject to the following regulations:
i)
Maximum Height from Platform
2.0 metres
ii)
Setback from a Street
as per minimum front yard
required in the
corresponding Residential
Zone
iii)
Setback from a Side Lot Line
1.0 metres
iv)
Setback from a Rear Lot Line
1.0 metres
b)
Privacy screens are permitted for two-unit dwellings, multiple
dwellings, street townhouse dwellings and apartment dwellings and
are subject to the following regulations:
i)
Maximum Height
2.5 metres
ii)
Setback from a Street:
as per minimum front yard
required in the
corresponding Residential
Zone
iii)
Setback from a Side Lot Line
0 metres
iv)
Setback from a Rear Lot Line
1.0 metres
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-12
c)
Privacy screens are permitted for apartment dwelling units and
multiple dwelling units and are subject to the following regulations:
i)
Maximum Height
2.0 metres
ii)
Setback from a Street
as per minimum Front Yard
required in the
corresponding Residential
Zone
iii)
Setback from a Side Lot Line
1.0 metres
iv)
Setback from a Rear Lot Line
1.0 metres
5.13 Frontage on a Public Street or Navigable Waterway
a)
except as outlined elsewhere in this By-law, no person shall erect any
building or structure or create a lot in any zone unless the lot fronts upon
an improved public street.
b)
Notwithstanding the foregoing, an existing lot, shown in registered land
titles, in accordance with the Land Titles Act, as amended, may be built
upon and existing structures altered provided the said lot or structure is
connected to both municipal water and sanitary sewer services or
complies with relevant legislation for private services. For the purposes of
establishing minimum setbacks for a lot on a private road or right-of-way,
the private road or right-of-way on which the existing lot fronts shall be
considered to be the front lot line.
5.14 Garbage and Refuse Storage and Enclosures
a)
An enclosure for the outdoor storage of domestic waste containers
accessory to single-detached dwellings, semi-detached dwellings, two-unit
dwellings, multiple dwellings or residential structures containing less than
four dwelling units shall not be required, unless otherwise specified.
b)
For all other uses other than those specified in Subsection 5.14 a), no
person shall store garbage or refuse on any lot except within the principal
building on the lot or within a wholly enclosed accessory building or
structure or enclosed waste management container or specialized partially
underground waste container system.
c)
Where an enclosure is provided in accordance with Subsection 5.14 b),
said enclosure shall be surrounded by masonry, concrete, or wooden
walls on all sides up to the height of the structure to screen the waste
container.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-13
d)
Where an enclosure or private waste management container is provided in
accordance with Subsection 5.14 b), the enclosure shall be associated
with an area of at least 9.0 metres by 3.0 metres, to be used for the
purposes of picking up garbage or refuse from the enclosed container.
e)
Any enclosure or accessory building provided in accordance with
Subsection 5.14 b), shall be located not less than 6.0 metres from any
adjacent Residential or Institutional Zone.
5.15 Garden Suites
A garden suite shall only be permitted on a lot zoned for a single-detached
dwelling subject to a temporary use by-law passed under Section 39 of the
Planning Act, as amended, and the following:
a)
A Garden Suite Shall Be A Small, Portable Building Which Can Be Readily
Removed And Is Separate From The Principal Dwelling;
b)
It is adequately serviced by the principal dwelling;
c)
An accessory dwelling unit and a garden suite shall not be permitted on
the same Lot;
d)
No new driveway shall be permitted;
e)
The owner of the subject property shall enter into an agreement pursuant
to Section 39.1 (1) of the Planning Act, as amended, with and satisfactory
to the City of Welland dealing with such matters related to the temporary
use of the garden suite as the Council considered necessary including:
i)
The installation, maintenance, and removal of the garden suite; and
ii)
The period of occupancy of the garden suite by any of the persons
named in the agreement; and
iii)
The monetary or other form of security that the Council may require
for actual or potential costs to the municipality related to the garden
suite; and
f)
such other requirements as may be deemed necessary through the
temporary use by-law.
5.16 Group Home
A group home shall be permitted within any zone where a dwelling is permitted,
subject to the following:
a)
Maximum occupancy shall be ten, exclusive of staff; and
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-14
b)
Parking shall be provided in accordance with Section 6.
5.17 Home Industries
Where a home industry is permitted as an accessory use by this By-law within an
Agricultural or Rural Zone, a home industry shall:
a)
Be conducted by at least one resident of the dwelling unit and shall not
employ more than two persons in addition to the resident of the dwelling
unit on a full-time or part-time basis;
b)
Be conducted on the same Lot as the principal dwelling unit;
c)
Be permitted within the dwelling unit or any accessory structure in
accordance with the provisions of Subsection 5.3 and subject to a building
permit;
d)
Be clearly secondary to the principal use of the lot and shall not alter the
exterior of the dwelling unit except in accordance with the provisions of
this subsection;
e)
Not create noise, vibration, fumes, odour, dust, glare, or radiation which is
beyond the normal use of the dwelling, or which becomes offensive or
obnoxious or creates a nuisance;
f)
Not occupy more than twenty-five percent of the gross floor area of the
principal dwelling on the lot;
g)
On lots up to and including 0.4 hectares, be permitted in an accessory
structure with a maximum floor area of 200.0 square metres;
h)
On lots greater than 0.4 hectares, be permitted in an accessory structure
with a maximum floor area of 400.0 square metres, and shall
i)
Not include the selling of any goods on the property other than those
goods constituting the finished product of the home industry, except that
the sale of goods or items over the internet, mail or telephone is permitted,
provided that customers do not enter the property to inspect or take
possession of goods.
5.18 Home Occupations
5.18.1 General
A home occupation is permitted in any single-detached dwelling, semi-detached
dwelling, two-unit dwelling and townhouse dwelling in any zone.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-15
5.18.2 Provisions
Where a home occupation is permitted by this By-law, a home occupation shall
not:
a)
Occupy more than a total of twenty-five percent of the gross floor area of
the dwelling unit or 28.0 square metres, whichever is lesser;
b)
Permit non-resident employees to be engaged in a home occupation;
c)
Alter the exterior of the dwelling unit by virtue of the operation of a home
occupation;
d)
Include the open storage of goods, materials or equipment or display of
goods visible from outside the dwelling unit;
e)
Use an accessory building for the home occupation, except for the storage
of goods, materials or equipment required for the home occupation,
provided that, should a garage area be used for said storage, the required
parking for the dwelling unit shall be maintained;
f)
Become offensive or obnoxious or create a nuisance to adjoining
properties by reason of increased vehicular traffic or parking, or delivery of
goods, materials or equipment, or electrical interference, or emission of
odour, dust, smoke, noise, gas, fumes, light, vibration, radiation, or refuse;
g)
Include the sale of any goods on the site other than those goods
constituting the finished product of the home occupation;
h)
Include more than a total of two clients, students, or customers of the
home occupation to be on the premises at any one time.
5.18.3 Exception
A private home day care or babysitting service may be established as a home
occupation and shall not be restricted by Subsection 5.18.2 h).
5.18.4 Prohibited Uses
Without limiting the generality or applicability of the provisions for home
occupations, the following uses shall not be considered home occupations:
a)
Kennel;
b)
Veterinary Clinic;
c)
Motor Vehicle Body Shop;
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-16
d)
Motor Vehicle Repair Establishment;
e)
Motor Vehicle Dealership;
f)
Motor Vehicle Washing Establishment;
g)
Painting of Vehicles, Trailers, or Boats;
h)
Multiple Chair Hairdresser or Barber, notwithstanding dwelling occupants;
i)
Welding Shop;
j)
Service and Repair Shop for Large Appliances or Commercial and
Industrial Equipment; and
k)
Arcade.
5.19 Minimum Distance Separation - MDS I and II
The Minimum Distance Separation (MDS) regulations are used to determine an
appropriate setback distance between a livestock facility and another land use.
The objective is to prevent land use conflicts and minimize nuisance complaints
from odour. The minimum distance separation will vary according to a number of
variables including type of livestock, size of farm operation, type of manure
system and the form of development present or proposed.
5.19.1 MDS I - New Non-Farm Uses
Notwithstanding any other yard or setback provisions of this By-law to the
contrary, no residential, institutional, commercial, industrial or recreational use,
located on a separate lot and permitted within a zone, shall be erected or altered
unless it complies with the Minimum Distance Separation (MDS I) setback from a
livestock facility, calculated using the formulas published by the Ontario Ministry
of Agriculture, Food and Rural Affairs (OMAFRA), as may be amended from time
to time.
5.19.2 MDS II - New or Expanding Livestock Facilities
Notwithstanding any other yard or setback provisions of this By-law to the
contrary, no livestock facility shall be erected or expanded unless it complies with
the Minimum Distance Separation (MDS II) setback, calculated using the
Formulas published by the Ontario Ministry of Agriculture, Food and Rural Affairs
(OMAFRA), as may be amended from time to time. Notwithstanding the above,
an existing manure storage system which does not meet the MDS II
requirements, may be replaced by a more compatible system which results in a
reduction in the separation distance required, provided the livestock housing
capacity is not increased.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-17
5.20 Model Homes in Draft Plans of Subdivision
Notwithstanding any other provisions of this By-law, where a subdivider's
agreement has been executed (signed) by the owner, more than one single-
detached dwelling, semi-detached dwelling, two-unit dwelling, street townhouse
dwelling, multiple dwelling or apartment dwelling may be constructed on a lot
prior to registration of the plan of subdivision subject to the following restrictions:
a)
The use shall be permitted in the zone in which the dwelling is to be
located;
b)
Each dwelling unit shall be used for the purpose of a model home only
and shall not be occupied as a dwelling unit prior to the date of the
registration of the subdivision plan;
c)
For the purpose of this section, a "multiple dwelling: shall only include that
form of housing type commonly described as a block or cluster
townhouse";
d)
The maximum number of model homes shall not exceed ten percent of the
total number of lots intended for single-detached dwellings, semi-detached
dwellings, two-unit dwellings, street townhouse dwellings, multiple
dwellings or apartment dwellings within the plan of subdivision proposed
for registration, to a maximum of twenty dwelling units;
e)
The model home shall comply with all other provisions of this By-law as
though the dwellings and/or units were constructed on the lot within the
future registered plan of subdivision; and
f)
The model home shall comply with all applicable terms and conditions of
the said subdivider's agreement.
5.21 Multiple Zones on a Lot
Where a lot is divided into more than one zone under the provisions of this By-
law, each such portion of the lot shall be used in accordance with the permitted
uses and zone regulations of the applicable zone as if it were a separate lot.
5.22 Municipal Services
5.22.1 Water Services
a)
Except as provided elsewhere in this By-law, all development, including lot
creation, must be connected with municipal water services with the
exception of the following:
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-18
i)
Development will be permitted with individual private on-site clean
and sustainable water capable of serving the proposed
development on Agricultural Zoned land.
b)
A private well shall not be permitted as a principal or accessory structure
on any lands within the limits of the City where municipal water services
are available within the road right-of-way abutting the property, with the
exception of the following:
i)
A well which legally existed prior to the passing of this By-law; or
ii)
A well which is installed for the purposes of environmental site
remediation, water monitoring, or site de-watering; or
iii)
A well which used for non-Residential purposes other than potable
water such as irrigation, cooling, or manufacturing purposes.
5.22.2 Sanitary Services
Except as provided elsewhere in this By-law all development, including Lot
creation, must be connected with full municipal sanitary services, with the
exception of the following:
a)
Development will be permitted on individual on-site sewage services when
associated with severances and existing lots in agricultural areas and
infilling situations in existing un-serviced developed areas where other
forms of servicing are not feasible, provided it can be demonstrated to the
satisfaction of the City that the individual on-site sewage services will not
result in an unacceptable level of environmental impact.
5.23 Non-Conforming Buildings and Structures
a)
Nothing in this By-law shall prevent the enlargement, repair, renovation,
reconstruction, or structural alteration of a building or structure that existed
one day prior to this By-law coming into effect, and which does not
conform with the zone requirements or other requirements of this By-law,
provided:
i)
The enlargement, repair, renovation, reconstruction, or structural
alteration does not increase the situation of non-conformity;
ii)
The enlargement, repair, renovation, reconstruction, or structural
alteration does not pose a threat to a public health or safety; and
iii)
All other applicable provisions of this By-law are complied with.
b)
Legally existing non-conforming buildings shall be deemed to comply with
this By-law.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-19
5.24 Non-Complying Lots
A non-complying lot that existed on the date of the passing of this By-law, and
which does not comply with the minimum lot frontage and/or minimum lot area
regulations of this By-law, may be used and buildings erected thereon for
purposes permitted in the applicable zone.
A non-complying lot that existed on the date of passing of this By-law, and which
does not comply with the minimum lot frontage and/or minimum lot area
regulations of this By-law, may be enlarged by lot addition, and the resultant lot
shall be deemed to comply with all of the provisions of this By-law including
minimum lot frontage and minimum lot area. All zone provisions applicable to any
existing buildings on the resultant lot shall thereafter be deemed to comply with
the provisions of this By-law.
5.25 Non-Conforming Uses
a)
The provisions of this By-law shall not prevent the use of any existing lot,
building or structure for any purpose prohibited by this By-law if such
existing lot, building, or structure was lawfully used for such purpose, prior
to the effective date of this By-law and provided that the lot, building, or
structure continues to be used for that purpose. Where the use ceases,
the use will be deemed to have been discontinued.
b)
Nothing in this By-law shall prevent the strengthening or restoration to a
safe condition or reconstruction of any building or structure which existed
on the date of passing of this By-law, provided that the strengthening,
restoration, or reconstruction does not increase the building height, size,
or volume or change the use of such building or structure, except which
minor changes as may be expressly required for the restoration of the
building or structure to a safe condition.
c)
Notwithstanding any other provisions of this By-law, where a lawfully
established non-conforming single-detached dwelling is located on a lot
nothing shall prevent:
i)
The enlargement or extension of any principal building provided
that such enlargement or extension does not exceed twenty-five
percent of the existing gross floor area and that such enlargement
or extension is in compliance with the zone the lot is located in; and
ii)
The erection of any accessory building provided that such
accessory building complies with the requirement of Subsection
5.3.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-20
5.26 Patios
Patios are permitted accessory to a place of assembly or restaurant, subject to
the minimum yards for the zone in which it is located. The following additional
regulations apply:
a)
Patios are not permitted in any yard abutting a Residential or Institutional
Zone;
b)
Patios are not permitted on a balcony on any lot abutting a Residential or
Institutional Zone;
c)
Patios shall not be considered as gross floor area when calculating gross
floor area for the use it serves; and
d)
Patios shall not be permitted on a lot in any Industrial Zone abutting a lot
in any Residential or Institutional Zone.
5.27 Pergolas
a)
Pergolas attached to the principal building, shall meet the yard provisions
as determined in each appropriate zone.
b)
Pergolas, not attached to the principal building, shall be located in the rear
or interior side yards a minimum of 0.9 metres from lot lines and shall be
not greater than 3.0 metres in height above-grade.
c)
The size of a pergola shall not exceed five percent of the lot area.
5.28 Planting Strips
5.28.1 Planting Strips Required Abutting Residential Zones
a)
A planting strip shall be required along the portion of the lot line abutting
any Residential Zone in the following circumstances:
i)
Where a lot is used for a non-residential purpose and the interior
side or rear lot line abuts a Residential Zone; or
ii)
Where such lot is in a non-residential zone and the front, side or
rear lot line abuts a portion of a street, and where the opposite side
of the street abuts a Residential Zone; or
iii)
Where a lot is used for an apartment dwelling that is equal to or
greater than four storeys in height, a planting strip shall be required
on any lot line that abuts an RL1 or RL2 Zoned lot. This provision
shall not apply to any apartment dwellings that legally existed on
the date of the adoption of this By-law.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-21
b)
Where a planting strip is required in accordance with a) above, the
planting strip shall have a minimum width of 1.5 metres unless otherwise
provided herein, except for points of ingress and egress.
c)
Planting strip referred to in this section may form part of any landscaped
open space required by this By-law.
d)
No accessory use, accessory structure or accessory building shall be
permitted to locate within a required planting strip.
5.29 Prohibited Uses
Except where provision is made in the SCHEDULE "B": SPECIAL EXCEPTION
ZONES of this By-law, no land shall be used and no building or structure shall be
erected, located, or used in any zone for any of the following purposes:
a)
Any use which is in contravention of this By-law, and which is not a legally
non-conforming use or a legally non-complying building or structure;
b)
Any use which is in contravention of the Environmental Protection Act, as
amended;
c)
Any use which is classified as a health hazard by the Health Protection
and Promotion Act, as amended, or any regulations thereto;
d)
The manufacturing, processing, use or storage of explosives except in a
G1 Zone;
e)
The manufacturing of pesticides, herbicides, or fungicides except in a G1
Zone; or
f)
The manufacturing of fertilizer from dead animals or from human or animal
waste except in a Rural or Agricultural Zone as part of an agricultural
operation.
5.30 Public Uses
a)
Nothing in this By-law shall prevent the use of any land including the
erection of buildings or structures as a public use provided by or on behalf
of the City of Welland, Regional Municipality of Niagara or Province of
Ontario, the District School Board of Niagara, the Niagara Catholic District
School Board, the Conseil scolaire de district du Centre Sud-Ouest, the
Conseil scolaire de district catholique Centre-Sud, the Government of
Canada, or any department or board of any of the above, any utility
company, Niagara College of Applied Arts and Technology and Brock
University.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-22
b)
Nothing in this By-law shall prevent the use of any land for the erection of
buildings or structures, or the installation of other facilities essential to the
operation of water works, or sanitary operations, street lighting, cable and
telephone lines, railways, and works for the transmission of gas, oil, water
or electrical power or energy, provided that any such use, building or
structure shall be in substantial compliance with the relevant provision of
this By-law.
c)
The provisions of this By-law shall not be construed to limit or interfere
with the construction, installation, occupation and maintenance of streets,
roadways, water and gas pipelines, mains and conduits, sewers and
sewer mains, and electrical transmission lines.
d)
Communications/telecommunications lines, pipelines or accessory
structures used to provide regular access and maintenance to any such
lines.
5.31 Regulation for Consolidated Lot Development
a)
Where two or more abutting lots under one identical ownership are
consolidated for the purpose of development, the internal lot lines of the
original lots shall not be construed to be lot lines for the purposes of any
zoning regulations provided that all applicable regulations of this By-law
relative to the consolidated lot development and its external lot lines are
complied with.
b)
Where a comprehensive condominium plan of subdivision has received
draft plan approval, as well as any required site plan approval, and where
registration of the plan is intended to occur in phases and/or stages, the
lands to which the draft approved plan of condominium is to be located,
shall be deemed to be one lot for the purpose of applying the provision of
the By-law. Zoning By-law provisions shall apply only to the external lot
lines of the overall condominium plan, not to internal lot lines resulting
from the registration of any condominium phase.
5.32 Roomers and Boarders
Nothing in this By-law shall prevent the keeping of not more than four roomers or
boarders in any single-detached dwelling, semi-detached dwelling, two-unit
dwelling, street townhouse dwelling or multiple dwelling.
5.33 Seasonal Outdoor Display and Sales Area
Nothing in this By-law shall prevent an area set aside outside of a building or
structure within a Commercial Zone which is used in conjunction with a lawful
business located within the building or structure and located on the same lot, to
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-23
be used for the display or retail sales of seasonal produce or new merchandise,
provided such area:
a)
Is seasonal in nature and does not include a permanent retailing area; and
b)
Is not located within a fire lane, parking or loading spaces required to fulfill
the provisions of the By-law or a driveway or passageway which provides
an access route for vehicular traffic across the lot or to an improved street
which abuts said lot.
5.34 Seasonal Outdoor Uses
Where permitted by this By-law, a seasonal outdoor use shall be subject to the
following provisions:
a)
A seasonal outdoor use shall be prohibited on a vacant Lot;
b)
A Seasonal outdoor use shall not be located closer than 1.0 metre to any
side or rear lot line;
c)
A seasonal outdoor use shall not be located closer to a street line than 3.0
metres; and
d)
A seasonal outdoor use shall not be located within a sight triangle.
5.35 Setback Requirements Adjacent to a Provincial Highway
a)
Notwithstanding any other provision of this By-law, no person shall erect
any building or structure within 14.0 metres of the boundary of a Provincial
Highway.
b)
No person shall erect any building or structure without a permit from the
Ontario Ministry of Transportation where such building or structure is:
i)
Located within 45.0 metres of a Provincial Highway; or
ii)
Located within 10.0 metres from the intersection of any road with a
Provincial Highway; or
iii)
Located within 395.0 metres of a Provincial Highway interchange.
5.36 Setback Requirements Adjacent to Railways
Notwithstanding any other provision of this By-law, a new dwelling on a lot
abutting a railway right-of-way shall be setback 30.0 metres from the edge of the
railway right-of-way with an intervening 2.5 metre high safety berm.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-24
5.37 Short-Term Rentals
Short-term rentals are subject to the following regulations:
a)
A short-term rental is subject to licencing in accordance with the City's
Short-Term Rentals Licencing By-law.
b)
A short-term rental shall only be permitted in a single-detached dwelling,
semi-detached dwelling, two-unit dwelling, townhouse dwelling, multiple
dwelling, apartment dwelling, and an accessory dwelling unit and shall not
contain more than three guest bedrooms.
c)
The short-term rental shall be a secondary use to the principal residential
use of a dwelling and shall maintain the residential character of the dwelling.
d)
A short-term rental may be the principal use in Commercial Zones where
residential uses are permitted.
e)
A short-term rental may be the principal use of an accessory dwelling unit in
Residential, Institutional, Open Space, and Agricultural Zones where
residential uses are permitted only if the operator is residing on the
premises; and
f)
No external display or advertising shall be permitted on the site.
5.38 Sight Triangles
a)
Notwithstanding any other provision of this By-law, within a sight triangle
as defined and required by this By-law, no person shall:
i)
Erect any building, structure, opaque fence or use land within a
sight triangle for the purpose of planting or growing of trees, or the
planting or growing of hedges or shrubs to a height exceeding 1.0
metre measured from grade at the centreline of the street; and
ii)
Use land in any sight triangle on a lot for the parking or storage of a
vehicle; and
iii)
For clarity, and without limiting the generality of the foregoing, no
person shall use a sight triangle for any driveway, access, stacking
lane, parking area or outdoor storage use.
b)
Notwithstanding any other provision of this By-law, a 5.0 metre by 5.0
metre sight triangle shall be required on a corner lot at any at-grade
intersection of two or more streets or of a street and a rail line right-of-way.
c)
Notwithstanding any other provision of this By-law, the hypotenuse of a
sight triangle shall not be considered to be the front lot line of any lot.
5.39 Snow Storage Areas
An area equivalent to two percent of parking areas, loading spaces, private
streets and driveways shall be required for snow storage for Commercial,
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-25
Industrial, or Institutional Uses, and Residential Uses where four or more parking
spaces are required.
5.40 Swimming Pools and Hot Tubs
Notwithstanding any other provisions of this By-law, a private outdoor swimming
pool and/or hot tub may only be erected and used in any interior side yard,
exterior side yard or rear yard in accordance with the Pool Enclosure By-law, as
amended, and the following provisions:
5.40.1 Distance from Lot Line
No person shall locate any part of a private outdoor swimming pool or hot tub,
closer than 1.22 metres to any interior, exterior, and rear lot line.
5.40.2 Treatment Equipment
Except where such equipment is located within a principal or accessory building,
no water circulating, heating or treatment equipment shall be located closer than
0.9 metres to any lot line.
5.40.3 Lot Coverage
A private outdoor swimming pool or hot tub shall not be considered part of the lot
coverage.
5.40.4 Decks Associated with a Swimming Pool or Hot Tub
The provisions above shall not apply to a deck erected or used in association
with a private outdoor swimming pool or hot tub. decks shall be in accordance
with Subsection 5.10.5 of this By-law.
5.41 Through Lots and Corner Lots
5.41.1 Through Lots
Where a lot which is not a corner lot has frontage on more than one street, the
front yard requirements contained herein shall apply on each street in
accordance with the provisions of the zone or zones in which such lot is located.
5.41.2 Corner Lots and Through Corner Lots
Where a lot which is a corner lot or through corner lot and has frontage on two or
more streets, the shorter of the two shall be deemed to be front lot line and
subject to the front yard requirements and the remaining street frontage shall be
deemed to be the exterior side yard and subject to the exterior side yard
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 5: General Provisions | Page 5-26
requirement provisions of the zone or zones in which such lot is located. Where
the frontage on both streets is equal, the City may deem any of the lot lines that
divide the lot from the street as the front lot line.
5.42 Use of City Lands
The use of land owned by the City to erect or maintain a building, structure,
fence, landscaping, retaining wall, step, or any other similar item, or for the use
or storage of material or property, is not permitted, unless authorized in writing by
the City.
5.43 Visual Barriers
a)
Where this By-law requires a visual barrier to be provided and maintained,
such barrier shall act as a screen between uses and be constructed to a
minimum height of 1.8 metres.
b)
Only that portion of a visual barrier consisting of a fence or wall shall have
a maximum height of 2.5 metres and shall not be located within 3.0 metres
of a street line.
5.44 Wayside Pitts and Quarries and Portable Asphalt and Concrete Plants
Wayside pits and quarries and portable asphalt and concrete plants used for
public authority contracts are permitted in all zones without Planning Act
approvals except in those areas Zoned RL1, RL2, RM or RH or in an EP Zone.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-1
SECTION 6
PARKING AND LOADING REGULATIONS
6.1
General Parking and Loading Provisions
6.1.1 Exclusive Use
Any required parking space, barrier-free parking space, bicycle parking space,
stacking space, and loading space required by this By-law and any driveway or
aisle leading to those spaces shall be unobstructed, available, and exclusively
used for that purpose at all times, unless otherwise specific by this By-law.
6.1.2 More Than One Use on a Lot
The parking space, loading space, barrier-free parking space, bicycle parking
space, and stacking space requirements for more than one use on a single lot or
for a building containing more than one use shall be the sum total of the
requirements for each of the component uses or buildings, unless otherwise
permitted by this By-law.
6.1.3 Location of Required Parking
a)
Any required parking space, barrier-free space, and bicycle parking space,
required by this By-law in a Residential Zone shall be located on the same
lot on which the use is located and are not permitted in the front yard
unless it is located on a permitted driveway or parking area.
b)
Any parking space in a non-Residential Zone shall be provided on the
same lot occupied by the particular use or on a lot, within 100 metres of
the subject lot, which is in a zone which permits a parking area and where
there is a written lease authorizing the owner or users of the subject lot to
utilize the land for parking purposes.
c)
Any required barrier-free space, bicycle parking space, and loading space
required by this By-law shall be located on the same lot on which the use
is located.
d)
Unless otherwise regulated in this By-law, parking spaces and aisles,
giving direct access to abutting parking spaces, excluding driveways
extending directly from the street, shall not be located within 3.0 metres of
a street line, and subject to a 3.0 metre wide planting strip being required
and permanently maintained between the street line and the said parking
spaces or aisle.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-2
6.1.4 Calculation and Rounding Provisions
Where the application of any ratio in this part of the By-law results in a fraction of
a parking space, barrier free space, or bicycle parking space, the minimum
number of spaces required shall be increased to the next highest whole number
if the fraction is greater than or equal to 0.5.
6.1.5 Cash-in-Lieu of Parking
Parking Spaces, barrier free spaces and bicycle parking spaces required by this
By-law for non-Residential uses shall not be required for a lot in any Mixed Use
Zone if the City enters into an agreement with the landowner respecting the
payment of cash-in-lieu for some or all of the parking spaces, barrier free parking
spaces, bicycle parking spaces, aisles, or driveways required, in accordance with
Section 40 of the Planning Act, as amended.
6.1.6 Required Parking, Access Aisles, and Access Driveways
a)
All required parking shall be provided with adequate means of ingress and
egress to and from the street or laneway and shall be arranged so as not
to interfere with normal public use of the street or laneway.
b)
Parking spaces may be varied in width depending on the angle measured
perpendicular to the axis of the access aisle of the space provided. where
an aisle serves two different types of angled parking, which are located
across from each other, the largest required access aisle shall be
provided. The dimensions of parking spaces and parking space access
aisles shall be in accordance with the following:
i)
Ninety-degree (90o) parking spaces shall be 2.75 metres by 5.5
metres with a minimum 6.0 metres access aisle;
ii)
Sixty-degree (60o) parking spaces shall be 2.6 metres by 5.5
metres with a minimum 5.5 metres access aisle;
iii)
Forty-five-degree (45o) parking spaces shall be 2.6 metres by 5.5
metres with a minimum 4.5 metres access aisle;
iv)
Thirty-degree (30o) parking spaces shall be 2.6 metres by 5.5
metres with a minimum 4.5 metres access aisle; and
v)
Parallel parking spaces shall be 6.0 metres by 2.75 metres with a
minimum 4.5 metres access aisle.
c)
Where a parking space is located abutting or near a wall, column or other
similar surface that obstructs the opening of the doors of a parked vehicle
or limits access to a parking space, the minimum width of the parking
space shall be increased by 0.3 metres for each side that is obstructed.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-3
d)
The minimum required height clearance for a covered parking space is 2.0
metres.
e)
In the case of hotels/motels, required parking provided in accordance with
Table 6.3 and 6.4 may be arranged as tandem or stacked parking,
provided there is the continued use of a valet service.
6.1.7 Surface Treatment
All parking spaces in any zone shall be provided and maintained with stable
surfaces such as asphalt, concrete, interlocking brick, similar hardscape surface
or other hard surfaced material sufficient to provide stability, prevent erosion, and
be usable in all seasons.
6.2
Applicability
a)
Whenever a new development occurs or whenever an existing
development is enlarged, extended, or increased in capacity, in
accordance with this By-law, off-street vehicle parking and loading spaces
shall be provided and maintained on the property and within the zone for
all uses unless otherwise indicated in the specific zone.
b)
Off-street parking and loading shall be in accordance with Subsection 6.1 -
General Parking and Loading Provisions, Subsection 6.3 - All Downtown
Zones - Required Parking and Queuing Spaces, Subsection 6.4 - All
Zones Except Downtown Zones - Required Parking and Queuing Spaces
by Use, and Subsection 6.6 - Loading Spaces.
c)
Additional parking spaces, barrier-free parking spaces, bicycle parking
spaces, or stacking spaces shall be provided in accordance with the
provisions of this By-law for all uses and all gross floor area on a lot in the
following circumstances:
i)
Where a new building is erected, or additional gross floor area is
added to a legal or legal non-conforming building existing on the
effective date of this By-law; and/or
ii)
Where a change in use occurs that has the effect of requiring the
additional spaces identified in Subsection 6.2 b).
6.3
Downtown Zones - Required Parking and Queuing Spaces
No parking and queuing spaces is required for all permitted uses and for dwelling
units in buildings containing not more than three dwelling units. For buildings
containing four or more dwelling units, one parking space for each dwelling unit
above three units shall be required except where a dwelling unit is 50.0 m2 in
gross floor area or less, in which case, parking shall be provided at a rate of 0.3
spaces for each unit
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-4
6.4
All Zones Except Downtown Zones - Required Parking and Queuing
Spaces by Use
The minimum required parking and queuing spaces for permitted uses in all
zones, except Downtown Zones permitted by this By-law shall be in accordance
with the following Tables.
Table 6.4.1:
Residential and Accessory Residential Uses in All Zones
Except Downtown Zones - Required Parking Spaces
Column 1
Column 2
Use
Required Number of Parking
Spaces
Accessory Dwelling
1 additional tandem parking space
Apartment Dwelling
Multiple Dwelling
1 space per unit, except where a
dwelling unit is 50.0 m2 in gross floor
area or less, in which case, parking
shall be provided at a rate of 0.3
spaces for each such unit and no
visitor parking is required
Bed and Breakfast
1 additional parking space per guest
room permitted in the front yard
Where 3 guest rooms are provided,
one required parking space is not
required to have direct, unobstructed
access to a public street
Boarding or Lodging House
0.25 additional space per lodging unit
Emergency Shelter,
Group Home,
Residential Care Facility
1 space for each 5 persons
accommodated or designed for
accommodation
Where the building is less than 350.0
m2 in gross floor area:
i)
Up to 3 in tandem parking
spaces are permitted;
ii)
Two of the 3 parking spaces
may be located in the driveway,
and they may be located in a
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-5
Column 1
Column 2
Use
Required Number of Parking
Spaces
front yard if they are located in
the laneway that leads to a
required parking space;
iii)
Only one of the 3 parking
spaces must have direct access
to a public street or public lane
by a driveway; and
iv)
Where parking is occurring in-
tandem anywhere on the lot, no
parking is permitted in the rear
yard of the lot.
Single-Detached Dwelling
Semi-Detached Dwelling
Two-Unit Dwelling
Street Townhouse Dwelling
1 space per unit; one of which may be
provided in an attached or detached
garage
Dwelling Units on the 2nd and 3rd
Floor of a 2 or 3 Storey commercial
Building
1 space per unit
Home Day Care
No minimum required
Home Industry
No minimum required
Home Occupation
No minimum required
Retirement Home
0.25 spaces per assisted living unit
and dwelling unit
Short-Term Rental
0.5 additional parking space per guest
room
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-6
Table 6.4.2:
Commercial Uses in All Zones except Downtown Zones -
Required Parking Spaces
Column 1
Column 2
USE
Required Number of Parking
Spaces
Adult Entertainment Establishment
1 space per 2 person capacity
Bank; Financial Establishment
1 space for each 50.0 m2 of gross
floor area which accommodates such
use
Bowling Alley
1 space per lane, not including
restaurant
Building and Lumber Supply
Establishment; Building or Contracting
Supply Establishment
1 space for each 50.0 m2 of gross
floor area, which accommodates the
office, retail, and showroom
component of the use
Driving Range/Mini Golf
1.5 spaces per tee or hole
Funeral Home
1 space per 20.0 m2 of gross floor
area, 15 spaces minimum
Golf Course
4 spaces for each hole
Hotel/Motel
1 space per guest room or suite
Kennel
1 space per employee plus 1 per
100.0 m2 gross floor area
Lodge, Fraternity, Private Club
10 spaces per 100.0 m2 of gross floor
area
Motor Vehicle Body Shop,
Motor Vehicle Dealership,
Motor Vehicle Rental Establishment,
Motor Vehicle Repair Establishment,
Motor Vehicle Service Station
1 space per 110.0 m2 of gross floor
area
25% of all required parking need not
have direct, unobstructed access to a
public street
Motor Vehicle Washing Establishment
1 space per 30.0 m2 of gross floor
area
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-7
Column 1
Column 2
USE
Required Number of Parking
Spaces
Movie Theatre
1 space per 4 seats
Office:
i)
Medical Office or Clinic
1 space per 30.0 m2 of gross floor
area
ii)
Other
1 space per 30.0 m2 of gross floor
area
Personal Services
1 space for each 30.0 m2 of gross
floor area which accommodates such
use
Pet Care Establishment
1 space for each 30.0 m2 of gross
floor area which accommodates such
use
Place of Assembly
10 spaces per 100.0 m2 of gross floor
area
Recreational Establishment
1 space per 30.0 m2 of gross floor
area
Restaurant
1 space per 30.0 m2 of gross floor
area
Retail or Retail Centre
1 space per 30.0 m2 of gross floor
area
Service Commercial Establishment
1 space per 30.0 m2 of gross floor
area
Tavern/Bar/Pub
1 space per 30.0 m2 of gross floor
area
Trucking Operation
1 space for each 30.0 m2 of gross
floor area which accommodates the
office component of the use
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-8
Column 1
Column 2
USE
Required Number of Parking
Spaces
Other Commercial Uses Not Listed
Above
1 space for each 30.0 m2 of gross
floor area which accommodates such
use
Table 6.4.3:
Drive-Through Commercial Uses - Required Queuing Spaces
Column 1
Column 2
Use
Minimum Number of Queuing
Spaces Required
Motor Vehicle Washing Establishment
Manual: 3 at the entrance and 1 at the
bay exit
Automatic: 5 at the entrance and 2 at
the bay exit
Drive-Through Facility
8
In All Other Cases
2
Table 6.4.4:
Institutional and Community Uses - Required Parking Spaces
Column 1
Column 2
Use
Required Number of Parking
Spaces
Art Gallery, Library, Museum
1 space per 30.0 m2 of gross floor
area
Cemetery, Crematorium
1 space per employee plus 1 per 4
seats chapel capacity
Community Centre
1 space per 30.0 m2 of gross floor
area
Convent, Monastery
1 space per 4 beds
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-9
Column 1
Column 2
Use
Required Number of Parking
Spaces
Day Care Centre
1 space per 50.0 m2 of gross floor
area which accommodates such use;
except, no additional parking shall be
required where a day care centre is
located within an educational
establishment or place of worship or
commercial building
Emergency Service
no minimum requirement
Hospital, Health Care Facility
1 space per 60.0 m2 of gross floor
area
Long Term Care Facility
0.25 spaces per bed
Place of Worship
1 space per 5 person capacity for the
place of worship area; plus,
1 space per 30.0 m2 of gross floor
area for any additional accessory
assembly area
Table 6.4.5: Educational Uses - Required Parking Spaces
Column 1
Column 2
Use
Required Number of Parking
Spaces
Elementary School (Public/Private)
1.25 spaces per classroom
Secondary School (Public/Private)
2 spaces per classroom not including
portables
University, College
The greater of:
i)
5 spaces for each classroom plus
1 space for every 7 seat capacity
in an auditorium, theatre, or
stadium; or
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-10
Column 1
Column 2
Use
Required Number of Parking
Spaces
ii) 1 space for each 30.0 m2 of the
gross floor area
Table 6.4.6:
Industrial Uses - Required Parking Spaces
Column 1
Column 2
Use
Required Number of Parking
Spaces
Bulk Fuel and Oil Storage
1 space for each 180.0 m2 of gross
floor area, which accommodates the
office component of the use
Commercial School
1 space for each 180.0 m2 of gross
floor area which accommodates the
office component of the use
Communications Establishment
1 space for each 180.0 m2 of gross
floor area which accommodates such
use
Contractors' Establishment
1 space for each 180.0 m2 of gross
floor area which accommodates such
use
Custom Workshop
1 space for each 180.0 m2 of gross
floor area which accommodates the
office, and showroom component of
the use
Dry Cleaning and Laundry Plant
1 space for each 180.0 m2 of gross
floor area which accommodates such
use
Heavy Equipment Sales and Service
1 space for each 180.0 m2 of gross
floor area which accommodates such
use
Heavy Industrial
1 space for each 180.0 m2 of gross
floor area
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-11
Column 1
Column 2
Use
Required Number of Parking
Spaces
Industrial Administrative Office
1 space for each 180.0 m2 of gross
floor area
Laboratory
1 space for each 180.0 m2 of gross
floor area
Labour Association Hall
1 space for each 30.0 m2 of gross
floor area
Landscape Contracting Establishment
1 space for each 180.0 m2 of gross
floor area
Light Equipment/Machinery Sales,
Rental and Service Establishment
1 space for each 180.0 m2 of gross
floor area which accommodates such
use
Light Industrial
1 space for each 180.0 m2 of gross
floor area
Motor Vehicle Body Shop
1 space for each 180.0 m2 of gross
floor area
Motor Vehicle Dealership
1 space for each 180.0 m2 of gross
floor area which accommodates such
use
Motor Vehicle Washing Establishment
i)
For a self-serve (manual) car
wash sufficient space shall be
provided on-site to accommodate
3 vehicles in a line commencing at
the entrance of each wash bay
and 1 vehicle at the bay exit;
ii) For an automatic (mechanical) car
wash sufficient space shall be
provided on-site to accommodate
5 vehicles in a line commencing at
the entrance of each wash bay
and 2 vehicles in a line at each
bay exit
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-12
Column 1
Column 2
Use
Required Number of Parking
Spaces
Private Power Generation Facility
1 space for each 180.0 m2 of gross
floor area
Repair Shop
1 space for each 180.0 m2 of gross
floor area which accommodates the
office, retail, and showroom
component of the use
Research and Development
Establishment
1 space for each 180.0 m2 of gross
floor area
Salvage Yard
1 space for each 180.0 m2 of gross
floor area which accommodates the
office and retail component of the use
Surveying, Engineering, Planning or
Design Business
1 space for each 180.0 m2 of gross
floor area
Trucking Operation
1 space for each 180.0 m2 of gross
floor area which accommodates the
office component of the use
Warehouse/Public
Storage/Wholesaling
1 space for each 180.0 m2 of gross
floor area which accommodates the
office component of the use
Waste Management Facility
1 space for each 180.0 m2 of gross
floor area which accommodates the
office component of the use, plus 1 for
each 200.0 m2 of gross floor area
which accommodates the remainder
of the use
Other Industrial Uses Not Listed
Above
1 space for each 180.0 m2 of gross
floor area
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-13
6.5
Barrier Free Parking
6.5.1 Number of Barrier Free Parking Spaces
Where ten or more parking spaces are required by Section 6.3 or 6.4 for all uses
on a lot, barrier free parking shall be designated and provided as part of the
required parking spaces pursuant to Table 6.5.1 unless otherwise specified in the
respective zones.
Table 6.5.1:
Barrier Free Parking
Column 1
Column 2
Required Parking Spaces
Minimum Required Designated
Barrier Free Parking Spaces
10-50 spaces
1 space
50-100 spaces
2 spaces
100 or more spaces
2 spaces plus for every additional 100
required spaces, 1 additional barrier
free space shall be provided
6.5.2 General Provisions for Barrier Free Parking Spaces
a)
Each barrier free parking space shall have a minimum width of 4.5 metres
and a minimum length of 5.5 metres.
b)
Where the application of any ratio in this part of the By-law results in a
fraction of a barrier free parking space being required, the minimum
number of spaces required shall be increased to the next highest whole
number.
6.6
Loading Spaces
Where a loading space is provided, the following regulations apply:
a)
A minimum of one off-street loading space shall be provided in conjunction
with every principal building, including a mixed use building, but excluding
residential buildings less than four storeys high.
b)
The minimum dimensions of a loading space shall be in accordance with
the following:
i)
For residential buildings with more than four storeys but has eight
storeys or fewer and/or minor commercial uses or personal service
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-14
uses that occur in a mixed use format: the minimum dimensions of
a loading space shall be 3.5 metres in width and 7.5 metres in
length, with a minimum vertical clearance of 4.2 metres.
ii)
For residential buildings with more than eight storeys the minimum
dimensions of a loading space Shall be 3.5 metres in width and
10.0 metres in length, with a minimum vertical clearance of 4.2
metres.
iii)
For all other principal buildings, including mixed use buildings the
minimum dimensions of a loading space Shall be 3.5 metres in
width, 12.0 metres in length, with a minimum vertical clearance of
4.2 metres.
c)
A loading space shall abut the building for which the loading space is
provided.
d)
A loading space shall be setback 7.5 metres from any Residential Zone
except if it is located entirely within a structure.
e)
A loading space is not permitted:
i)
In any minimum yard or front yard except where screened from
view by a visual barrier; and
ii)
Between the main wall closest to the exterior lot line and the
exterior lot line in an exterior side yard; and,
iii)
In a required yard abutting a Residential Zone or an Institutional
Zone and shall be screened from view by a visual barrier.
6.7
Bicycle Parking
6.7.1 Number of Required Bicycle Parking Spaces
If a lot is Zoned a Residential, Mixed Use, Commercial, Industrial or Institutional
Zone, bicycle parking shall be provided in accordance with Table 6.7.1:
Table 6.7.1:
Minimum Required Bicycle Parking Spaces
Column 1
Column 2
Use
Minimum Required Bicycle Parking
Spaces
Residential Uses
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-15
Column 1
Column 2
Use
Minimum Required Bicycle Parking
Spaces
Apartment Dwelling, Multiple Dwelling,
Retirement Home
0.25 spaces per dwelling unit
Hotel or Motel
1 space per 1,000.0 m2 of gross floor
area
Office, Retail Uses
Office, Retail or Restaurant use with
less than 3,000 m2 of Gross Floor Area
1 space per 1,000.0 m2 of gross floor
Office, Retail, or Restaurant use with
over 3,000 m2 of Gross Floor Area
1 space per 1,000.0 m2 of gross floor
area
Institutional Uses
School, Post-Secondary
1 space per 100.0 m2 of gross floor
area
Multiple Uses on a Lot
Where multiple uses are located on a
Lot in any non-Residential Zone
1 space per 1,000.0 m2 of gross floor
area, plus the minimum number of
parking spaces for the dwellings
Any other non-Residential Use
1 space per 1,000.0 m2 of gross floor
area
6.7.2 General Provisions for Bicycle Parking Spaces
a)
Where the minimum number of bicycle parking spaces calculated in
accordance with table 6.7.1 results in a fraction, the minimum number of
bicycle parking spaces shall be rounded up to the next whole number.
b)
Bicycle parking shall be located on the same lot as the use or building for
which it is provided.
c)
Bicycle parking may be located within any yard, but not within a sight
triangle.
d)
A maximum of fifty percent of bicycle parking spaces may be located
within a required landscaped area.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-16
e)
Bicycle parking spaces shall be a minimum of 0.6 metres by 1.8 metres.
f)
Bicycle parking shall be accessed by an aisle with a minimum width of 1.5
metres.
g)
Any bicycle parking areas and associated aisles shall be located and
designed such that they are directly accessible by cyclists from a driveway
or parking aisle designed in accordance with the provisions of Subsection
6.1.6.
h)
Bicycle racks shall be provided for bicycle parking on a surface comprised
of crushed stone, brick, asphalt, or concrete.
i)
The provisions of this Subsection shall only apply to the erection of a new
building, redevelopment of a lot, or a change in use.
6.8
Exception for Existing Hospitals and Places of Worship
Notwithstanding Subsection 6.4 - Table 6.4.4 herein, for a hospital or place of
worship within any zone located in all or part of a building existing on the
effective date of this By-law:
a)
No parking spaces are required, provided that the number of parking
spaces which existed on the effective date of this By-law shall continue to
be provided and maintained; and
b)
The place of worship shall not be required to provide additional parking
beyond that required by Subsection 6.4 - Table 6.4.4 of this By-law; and
c)
Where an addition, alteration or expansion of an existing hospital or place
of worship building is proposed, the parking requirements of Subsection
6.4 - Table 6.4.4 shall only apply to the increased gross floor area of the
building.
6.9
Residential Parking Requirements
6.9.1 Single-Detached, Semi-Detached, and Two-Unit Dwellings
On a lot containing a single-detached dwelling, semi-detached dwelling or two-
unit dwelling:
a)
A driveway shall be located so as to lead directly from a street or laneway
to a required parking space, either within a garage or outside, with such
driveway having a minimum width of 2.75 metres;
b)
The width of a driveway may be a maximum of seventy-five percent of the
lot frontage or 6.0 metres, whichever is the lesser, and no closer than 0.6
metres to any side lot line.;
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-17
c)
Where the driveway is provided in the front yard, all other portions of the
front yard shall be a landscaped area;
d)
A maximum of one driveway shall be permitted for any lot, except in the
case of a corner lot where a maximum of one driveway may be permitted
from each street frontage; and
e)
On a corner lot, no driveways shall be permitted through a sight triangle;
f)
In the case of a two-unit dwelling, the required parking may be arranged in
tandem.
6.9.2 Street Townhouse Dwellings
On a lot containing a street townhouse dwelling:
a)
The required parking spaces for such dwelling shall be located a minimum
distance of 5.8 metres from the street line to which the driveway is
accessed.
b)
A driveway shall be located to lead directly from a street or lane to a
required parking space, either within a garage or outside, and shall have a
minimum width of 2.75 metres.
c)
A driveway may be widened to a maximum of seventy-five percent of the
lot width or 6.0 metres, whichever is the lesser.
6.9.3 Multiple Dwellings and Apartments
On a lot containing a multiple dwelling or apartment dwelling:
a)
With the exception of any visitor parking required by Subsection 6.4 -
table 6.4.1 required parking for apartment dwellings shall not be located
between the façade and front lot line. in no case shall any parking be
located within 3.0 metres of a street line.
b)
Visitor parking may be permitted between the façade and a street
provided that no more than fifty percent of the front yard shall be used for
visitor parking and access to such parking.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-18
6.10 Other Vehicles in Residential Zones - Parking Provisions
This section applies to the parking of the applicable vehicles on any lands used
for a single-detached dwelling, semi-detached dwelling, two-unit dwelling, or
multiple dwelling excluding an apartment, in any Residential Zone.
6.10.1 Commercial Vehicles
a)
Parking in a driveway of one commercial vehicle is permitted provided the
commercial vehicle:
i)
Does not exceed a gross weight of 4,500.0 kilograms;
ii)
Does not exceed a maximum vehicle length of 6.0 metres; and
iii)
Does not exceed a maximum vehicle height of 2.3 metres.
b)
The owner or occupant of the building or structure may personally use any
accessory building or structure on the lot for the storage of one
commercial vehicle in an Agricultural or Rural Zoned lot.
6.11 Commercial Vehicles - Parking and Storage
a)
No commercial vehicle greater than 4,500.0 kilograms gross vehicle
weight or the cab/tractor or the trailer portion of a tractor trailer vehicle,
shall be parked or stored in a Residential Zone, except when such
commercial vehicle is temporarily parked for the purposes of delivering to,
or servicing the premises.
b)
The owner or occupant of the building may personally use any building
which is accessory to the building, for the storage of one commercial
vehicle.
c)
No school bus, used as a commercial vehicle, designed for carrying ten or
more passengers, shall be parked, or stored in a Residential Zone.
d)
Any bus used for place of worship purposes may be parked on the lot on
which the place of worship is located.
6.12 Trailers, Recreational Vehicles and Boat Parking and Storage
6.12.1 Vacant Lot
No person shall in any zone use any vacant lot for the parking or storage of any
trailer, mobile home or boat or other recreational vehicle, unless specifically
permitted by this By-law.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-19
6.12.2 Private Storage - Outdoor
No person shall, on a developed lot:
a)
Store or park more than one boat or trailer or other recreational type of
vehicle without maintaining the required parking space(s) on the subject
site;
b)
Store or park any boat or trailer or other recreational type vehicle that
exceeds 10.0 metres in length;
c)
Store or park a boat or trailer or any other recreational type vehicle at any
time except:
i)
During any season of the year, within the rear or interior side yard,
on a stable surface such as asphalt, concrete, interlocking brick,
similar hardscape surface or other hard surfaced material sufficient
to provide stability, prevent erosion, be usable in all seasons, and
allow infiltration of surface water and the requirements of b) are
met; or
ii)
From May 15 to October 15 of any year, in a legal parking area,
provided the vehicle is a minimum of 5.0 metres from the curb face
abutting the street or edge of the paved surface of the street where
no street curb exists and the requirements of a) and b) are met.
d)
Use a boat, trailer or recreational type vehicle for human habitation unless
specifically permitted by this By-law.
6.12.3 Trailer Sales, etc.
Notwithstanding any other provision of this By-law, where the principal use of the
lands, building, structure, or lot is that of retail or wholesale, repair or
reconditioning, seasonal storage for sales purposes as in businesses referred to
as recreational vehicles sales and service, parking, or storage of said vehicles
shall be permitted in accordance with the following:
a)
No trailer shall obstruct any public street, sidewalk, or public walkway.
b)
No part of trailer storage or parking area, other than a driveway or access
lane, shall be located closer than 3.0 metres to any lot line, or the required
building setback from the street line, whichever is lesser.
c)
Planting strip(s) shall be provided for boat or trailer storage or parking
areas in accordance with Subsection 5.28.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-20
6.12.4 Trailers, Recreational Vehicles and Boat Storage as Principal Use
Notwithstanding this clause, storage of trailers, boats, and other recreational type
vehicles may be permitted as a principal use of a lot in specified zones subject to
all other applicable provisions of this By-law.
6.13 Parking Structures
a)
Any part of an enclosed parking structure that projects 1.6 metres or more
above-grade shall be subject to the yard requirements of the zone.
b)
Entrance and exit ramps to below-grade and above-grade parking
structures or buildings shall be set back 7.5 metres from a street line.
c)
Below-grade parking structures shall not extend into a required landscape
buffer and shall be set back 3.0 metres from all other property lines and
street lines.
6.14 Vehicles Prohibited in Residential and Mixed Use Zones
The parking and storage of following vehicles are prohibited outside of building
on all lots in a Residential and Mixed Use Zone:
a)
More than one unlicensed motor vehicle and vehicles in a wrecked;
dismantled, or inoperative condition;
b)
Motor vehicles equipped with more than three (3) axles, excluding space
wheels designed to support the vehicle when parked or stored;
c)
Buses;
d)
Vehicles designed to run only on rails;
e)
Farm tractors;
f)
Construction vehicles, except for those needed for construction uses
permitted under Subsection 5.7 of this By-law; and
6.15 Drive-Through Facilities and Queuing/Stacking Spaces
6.15.1 Minimum Number of Queuing Spaces
Where a drive-through facility is a listed permitted use, and is provided on a site,
off-street motor vehicle queuing space must be provided for that drive-through
facility leading both to and from each service bay, window, kiosk, or booth for the
uses specified and at the rate set out in Table 6.15.1.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-21
Table 6.15.1: Minimum Number of Queuing Spaces Required
Column 1
Column 2
Use
Minimum Number of Queuing
Spaces Required
Motor Vehicle Washing Establishment
i)
For a self-serve (manual) care
wash sufficient space shall be
provided on-site to accommodate 3
vehicles in a line commencing at
the entrance to each wash bay and
1 vehicle at the bay exit;
ii) For an automatic (mechanical) car
wash sufficient space shall be
provided on-site to accommodate 5
vehicles in a line commencing at
the entrance to each wash bay and
2 vehicles in a line at each bay
exit.
In all other cases
Refer to SECTION 5: GENERAL
PROVISIONS, Subsection 5.9 - Drive-
Through Facilities
6.16 Tandem Parking
Where an office use, a light or heavy industrial use, a warehouse, a hospital, a
funeral home, or a place of worship is required to provide fifty or more motor
vehicle parking spaces, ten percent of those required motor vehicle parking
spaces need not have direct, unobstructed access to a public street.
6.17 Landscaping Provisions for Parking Areas
Except in the case of an Industrial Zone, a minimum of ten percent of the area of
any parking area, whether a principal or an accessory use, must be provided as
perimeter or interior landscaped area comprised of the following:
a)
A landscaped buffer must be provided between the perimeter of the
parking area and a lot line in accordance with table 6.17.1. a driveway or
access driveway may cross the landscaped buffer.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 6: Parking and Loading Regulations | Page 6-22
Table 6.17.1: Minimum Required Width of a Landscaped Buffer of a Parking
Lot
Column 1
Column 2
Column 3
Column 4
Location of
Landscaped
Buffer
For a parking
area containing
10 or fewer
spaces
For a parking
area containing
more than 10 but
fewer than 100
spaces
For a parking
area containing
100 or more
spaces
Abutting a Street
1.5 metres
2.0 metres
3.0 metres
Not Abutting a
Street
None
1.5 metres
1.5 metres
Abutting a
Residential or
Institutional Zone
1.5 metres
1.5 metres
1.5 metres
b)
In addition to the landscaped buffer, interior landscaping may be provided
including various landscaped islands, landscaped medians, pedestrian
pathways, or public plazas to meet the minimum ten percent requirement.
c)
All outdoor loading and refuse collection areas contained within a parking
area must be:
i)
Located at least 3.0 metres from a lot line abutting a public street;
ii)
Located at least 1.0 metres from any other lot line; and
iii)
Screened from view by an opaque screen with a minimum height of
2.0 metres; unless the refuse collection system is a specialized
partiality semi-underground waste container system.
6.18 Elevation of Garage Entrance in Certain Types of Residential Buildings
A single-detached dwelling, semi-detached dwelling, two-unit dwelling, or
individual street townhouse dwelling unit in any residential zone, where an
individual private driveway leads directly to the dwelling unit, the elevation of the
lowest point of a vehicle entrance in a main wall of the building must be higher
than the elevation of the centreline of the driveway at the point where it intersects
a lot line abutting a street.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 7: Residential Zones | Page 7-1
SECTION 7
RESIDENTIAL ZONES
The Residential Zones apply to lands designated Residential in the Official Plan.
7.1
Applicable Zones
The Residential Zones established in Section 3 of this By-law apply to lands
zoned:
-
RL1
Residential Low Density 1
-
RL2
Residential Low Density 2
-
RM
Residential Medium Density
-
RH
Residential High Density
7.2
Permitted Uses
Uses permitted in a zone are noted by the symbol "✓" in the column applicable to
that zone and corresponding with the row for a specific permitted use in Table
7.2.1. A number(s) following the symbol "✓", zone heading or identified permitted
use, indicates that one or more special regulations apply to the use noted or, in
some cases, to the entire zone.
No person shall within any residential zone use or permit the use of any lot or
erect, alter or use any building or structure for any purpose other than those
permitted uses within Table 7.2.1. special regulations are listed in the footnotes
at the end of the permitted uses in Table 7.2.1.
Table 7.2.1:
Permitted Uses in Residential Zones
Column 1
Column 2
Column 3
Column 4
Column 5
Permitted Uses
RL1
RL2
RM
RH
Accessory Dwelling Unit
✓(1)
✓(1)
✓(1)
Accessory Uses, Buildings and
Structures
✓(2)
✓(2)
✓(2)
✓(2)
Apartment Dwelling
✓
✓
Bed and Breakfast
✓(3)
✓(3)
Block Townhouse
✓
✓
Boarding and Lodging House
✓
✓
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 7: Residential Zones | Page 7-2
Column 1
Column 2
Column 3
Column 4
Column 5
Permitted Uses
RL1
RL2
RM
RH
Day Care
✓
✓
Garden Suite
✓(4)
✓(4)
Group Home
✓
✓
✓
✓
Home Occupation
✓(5)
✓(5)
✓(5)
✓(5)
Multiple Dwelling
✓
✓
Retirement Home
✓
✓
Semi-Detached Dwelling
✓
✓
Short-Term Rental
(7)
(7)
(7)
(7)
Single-Detached Dwelling
✓
✓
Street Townhouse Dwelling
✓
✓
Townhouse Dwelling
✓
✓
Two-Unit Dwelling
✓
✓
Commercial
Art Gallery
✓(6)
Day Care Centre
✓(6)
Grocery Store/Supermarket
✓(6)
Pet Shop
✓(6)
Restaurant
✓(6)
Retail Establishment
✓(6)
Footnotes:
(1)
Refer to Subsection 5.2
(2)
Refer to Subsection 5.3
(3)
Refer to Subsection 5.5
(4)
Refer to Subsection 5.15
(5)
Refer to Subsection 5.18
(6)
With a maximum gross floor area of
100.0 m2
(7)
Refer to Subsection 5.37
City of Welland Zoning By-
law
Zoning By-law No. 2017-117
Section 7: Residential Zones | Page 7-2
7.3
Regulations for Residential Zones
The regulations for lots in residential zones are set out in Table 7.3.1. No person shall within any Residential Zone
use any lot or erect, alter or use any building or structure, except in accordance with the following Zone regulations.
Table 7.3.1:
Regulations for Residential Zones
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
Column 8
Column. 9
Column 10
Zone/Uses
Lot Area
(min)
Lot
Frontage
(min)
Front
Yard
(min)
Side Yard
Interior
(min)
Side Yard
Exterior
(min)
Rear Yard
(min)
Building
Height
(max)
Lot
Coverage
(max)
Landscap
ed Area
(min)
RL1
Semi-Detached
Dwelling
600.0 m2
for each
dwelling
and 300.0
m2 for
each unit
15.0 m for
each
dwelling
and 7.5 m
for each
unit
4.5 m and
6.0 m (1)
1.2 m (2)
3.0 m
7.5 m
11.0 m (3)
45%
20%
Single-Detached
400.0 m2
12.0 m
4.5 m and
6.0 m (1)
1.2 m
3.0 m
7.5 m
11.0 m (3)
45%
20%
Two-Unit Dwelling
400.0 m2
12.0 m
4.5 m and
6.0 m (1)
1.2 m
3.0 m
7.5 m
11.0 m (3)
45%
20%
RL2
Block Townhouse
NA
30.0 m
4.5 m and
6.0 m (1)
1.0 m (6)
and 0 m (2)
1.0 m
6.0 m
11.0 m (3)
55%
20%
City of Welland Zoning By-
law
Zoning By-law No. 2017-117
Section 7: Residential Zones | Page 7-3
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
Column 8
Column. 9
Column 10
Zone/Uses
Lot Area
(min)
Lot
Frontage
(min)
Front
Yard
(min)
Side Yard
Interior
(min)
Side Yard
Exterior
(min)
Rear Yard
(min)
Building
Height
(max)
Lot
Coverage
(max)
Landscap
ed Area
(min)
Multiple Dwelling
540.0 m2
18.0 m
4.5 m and
6.0 m (1)
2.0 m
2.0 m
6.0 m
11.0 m (3)
50%
20%
Semi-Detached
Dwelling
400.0 m2
for each
dwelling
and 200.0
m2 for
each unit
12.0 m for
each
dwelling
and 6.0 m
for each
unit
4.5 m and
6.0 m (1)
1.0 m (2)
1.0 m
6.0 m
11.0 m (3)
50%
20%
Single-Detached
270.0 m2
9.0 m
4.5 m and
6.0 m (1)
1.0 m
1.0 m
6.0 m
11.0 m (3)
50%
20%
Street Townhouse
with Garage Facing
Front Lot Line
NA
6.0 m/unit
4.5 m and
6.0 m (1)
1.0 m (2)
1.0 m
6.0 m
11.0 m (3)
50%
20%
Street Townhouses
with Garage Access
from Lane
NA
5.0 m/unit
3.0 m
1.0 m (2)
1.0 m
6.0 m
11.0 m (3)
50%
20%
City of Welland Zoning By-
law
Zoning By-law No. 2017-117
Section 7: Residential Zones | Page 7-4
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
Column 8
Column. 9
Column 10
Zone/Uses
Lot Area
(min)
Lot
Frontage
(min)
Front
Yard
(min)
Side Yard
Interior
(min)
Side Yard
Exterior
(min)
Rear Yard
(min)
Building
Height
(max)
Lot
Coverage
(max)
Landscap
ed Area
(min)
Street Townhouse
Unit
162.0
m2/unit
6.5 m/unit
4.5 m and
6.0 m (1)
1.0 m (2)
1.0 m
6.0 m
11.0 m (3)
50%
20%
Two-Unit Dwelling
270.0 m2
9.0 m
4.5 m and
6.0 m (1)
1.0 m
1.0 m
6.0 m
11.0 m (3)
50%
20%
RM
Apartment
780.0 m2
45.0 m
0 m
3.0 m
4.0 m
7.5 m
20.0 m (4)
55%
20%
Block Townhouse
NA
30.0 m
4.5 m and
6.0 m (1)
1.0 m (6)
and 0 m (2)
1.0 m
6.0 m
11.0 m (3)
55%
20%
Boarding and
Lodging
Group Home
Day Care Centre
540m2
15.0 m
4.5 m and
6.0 m (1)
3.0 m
4.0 m
7.5 m
20.0 m (4)
55%
20%
Multiple Dwelling
NA
15.0 m
4.5 m
3.0 m (2)
4.0 m
7.5 m
20.0 m (4)
55%
20%
Retirement Home
NA
15.0 m
4.5 m
3.0 m (2)
6.0 m
7.5 m
20.0 m (4)
55%
20%
City of Welland Zoning By-
law
Zoning By-law No. 2017-117
Section 7: Residential Zones | Page 7-5
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
Column 8
Column. 9
Column 10
Zone/Uses
Lot Area
(min)
Lot
Frontage
(min)
Front
Yard
(min)
Side Yard
Interior
(min)
Side Yard
Exterior
(min)
Rear Yard
(min)
Building
Height
(max)
Lot
Coverage
(max)
Landscap
ed Area
(min)
Street Townhouse
with Garage Facing
Front Lot Line
NA
6.0 m/unit
4.5 m and
6.0 m (1)
1.0 m (2)
1.0 m
6.0 m
11.0 m (3)
55%
20%
Street Townhouses
with Garage Access
from Lane
NA
5.0 m/unit
3.0 m
1.0 m (2)
1.0 m
6.0 m
11.0 m (3)
55%
20%
Street Townhouse
Unit
162.0
m2/unit
5.5 m
4.5 m and
6.0 m (1)
1.0 m (2)
1.0 m
6.0 m
11.0 m (3)
55%
20%
RH
Apartment Dwelling
1000.0 m2
40.0 m
3.0 m
3.0 m
3.5 m
7.0 m
32.0 m (5)
50%
15%
Boarding and
Lodging
Group Home
540.0 m2
10.0 m
4.5 m and
6.0 m (1)
3.0 m
3.5 m
7.0 m
32.0 m (5)
50%
15%
Day Care Centre
NA
10.0 m
4.5 m
3.0 m
3.5 m
7.0 m
32.0 m (5)
50%
15%
Footnotes:
(1)
6.0 m to garage
(2)
No interior side yards are required where the lot line is the
dividing line between attached units
(3)
3 Storeys
(4)
6 Storeys
(5)
8 Storeys
(6)
Minimum separation between buildings/townhouse blocks
City of Welland Zoning By-
law
Zoning By-law No. 2017-117
Section 7: Residential Zones | Page 7-6
7.4
Additional Regulations
For other applicable regulations and sections refer to SECTION 4: DEFINITIONS, SECTION 5: GENERAL PROVISIONS
and SECTION 6: PARKING AND LOADING REGULATIONS.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 8: Commercial Zones | Page 8-1
SECTION 8
COMMERCIAL ZONES
The Commercial Zones apply to lands designated Intensification Area, Downtown,
Commercial, Community Commercial Corridor, Community Commercial Node,
Eastern Approach, Regional Shopping Node And Residential in the Official Plan.
8.1
Applicable Zones
The Commercial Zones apply to lands zoned:
-
DMC Downtown Mixed Use Centre
-
RS
Regional Shopping Node
-
CC1 Community Commercial Node
-
CC2 Community Commercial Corridor
-
NC
Neighbourhood Commercial
8.2
Permitted Uses
Uses permitted in a zone are noted by the symbol "✓" in the column applicable to
that zone and corresponding with the row for a specific permitted use in Table
8.2.1. A number(s) following the symbol "✓", zone heading or identified permitted
use, indicates that one or more special regulations apply to the use noted or, in
some cases, to the entire zone.
No person shall within any Commercial Zone use or permit the use of any lot or
erect, alter or use any building or structure for any purpose other than those
permitted uses within Table 8.2.1. Special regulations are listed in the footnotes
at the end of the permitted uses in Table 8.2.1.
Table 8.2.1: Permitted Uses in Commercial Zones
Column 1
Column 2 Column 3 Column 4 Column 5 Column 6
Permitted Uses
DMC
RS
CC1
CC2
NC
Accessory Uses,
Buildings and
Structures
✓
✓
✓
✓
✓
Art Gallery
✓
✓
✓
✓
✓
Assembly Hall
✓
✓
Bed and Breakfast
Establishment
✓
✓
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 8: Commercial Zones | Page 8-2
Column 1
Column 2 Column 3 Column 4 Column 5 Column 6
Permitted Uses
DMC
RS
CC1
CC2
NC
Short-Term Rental
Commercial
Custom Workshop
✓
✓
✓
✓
✓
Department Store
✓
✓
✓
Drive-Through
Establishment
✓
✓
✓(3)
✓(3)
Educational
Establishment
✓
✓
✓
✓
Emergency Service
✓
✓
✓
✓
✓
Financial
Establishment
✓
✓
✓
✓
✓
Flea Market
✓
✓
Food Production
Facility
✓
✓
✓
✓
Funeral Home
✓
✓
✓
✓
Garden Centre
✓
✓
✓
✓
✓
Grocery Store
✓
✓
✓
✓
Health Related Retail
Use
✓
✓
✓
✓
Home and Auto Sales
and Supply
Establishment
✓
✓
✓
Home Furnishing
Establishment
✓
✓
✓
✓
Home Improvement
Establishment
✓
✓
✓
✓
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 8: Commercial Zones | Page 8-3
Column 1
Column 2 Column 3 Column 4 Column 5 Column 6
Permitted Uses
DMC
RS
CC1
CC2
NC
Home Occupation
✓
Light Equipment/
Machinery Sales,
Rental and Service
Establishment
✓
✓
✓
Mini Storage
✓
✓
Motor Vehicle Sales
Dealership
✓
✓
✓(3)
Motor Vehicle Service
Station
✓
✓
✓
✓(3)
Motor Vehicle Repair
Shop
✓
✓
✓
Motor Vehicle Washing
Establishment
✓
✓
✓(3)
Outdoor Display and
Sales Area
✓
✓
✓
✓
✓
Parking Lot
✓
✓
✓
✓
Parking Structure or
Garage
✓
✓
Pet Care
Establishment
✓
✓
✓
✓
✓
Pet Shop
✓
✓
✓
✓
✓
Place of Entertainment
✓
✓
✓
✓
Private Club
✓
✓
✓
Repair Shop
✓
✓
✓
Research and
Development
Establishment
✓
✓
✓
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 8: Commercial Zones | Page 8-4
Column 1
Column 2 Column 3 Column 4 Column 5 Column 6
Permitted Uses
DMC
RS
CC1
CC2
NC
Restaurant
✓(2)
✓
✓
✓
✓
Retail Centre
✓
✓
✓
Retail Establishment
✓
✓
✓
✓
✓
Sample or Showroom
✓
✓
✓
✓
School, Commercial
✓
✓
✓
✓
✓
Seasonal Outdoor Use
✓
✓
✓
✓
✓
Service Commercial
Establishment
✓
✓
✓
✓
✓
Supermarket
✓
✓
✓
Veterinary Clinic
✓
✓
✓
✓
✓
Hospitality
Hotel
✓
✓
✓
Motel
✓
✓
✓
Community
Community Centre
✓
✓
✓
✓
✓
Community Garden
✓
✓
✓
✓
Day Care Centre
✓
✓
✓
✓
✓(3)
Day Care, Home
✓
Library
✓
✓
✓
✓
✓
Museum
✓
✓
✓
✓
✓
Place of Worship
✓
✓(4)
Social Services
Establishment
✓
✓
✓
✓
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 8: Commercial Zones | Page 8-5
Column 1
Column 2 Column 3 Column 4 Column 5 Column 6
Permitted Uses
DMC
RS
CC1
CC2
NC
Office
Medical Office or Clinic
✓
✓
✓
✓
✓
Office
✓
✓
✓
✓
✓
Office, Major Use
✓
✓
Survey, Engineering,
Planning or Design
Business
✓
✓
✓
✓
Recreational
Athletic/Fitness
Establishment
✓
✓
✓
✓
Park
✓
✓
✓
✓
✓
Recreational
Establishment
✓
✓
✓
✓
Residential
Block Townhouse
✓
✓
Boarding or Lodging
House
✓
✓
Dwelling, Accessory
Unit
✓
Dwelling, Apartments
✓(1)
✓
✓
Dwelling, Multiple
✓(1)
✓
✓
Dwelling Units Above
Permitted Uses
✓
✓
✓
✓
Emergency Shelter
✓
Group Home
✓(1)
✓
✓
✓
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 8: Commercial Zones | Page 8-6
Column 1
Column 2 Column 3 Column 4 Column 5 Column 6
Permitted Uses
DMC
RS
CC1
CC2
NC
Long Term Care
Facility
✓
Residential Care
Facility
✓
Retirement Home
✓
Other
Fabricating and
Processing
Establishments
✓
Warehouse Facility
✓
Prohibited
Drive-Through
Establishments
✓
Motor Vehicle Body
Shop
✓
Motor Vehicle Repair
Establishment
✓
Open Storage
✓
Footnotes:
(1)
Dwelling units may occupy a maximum of seventy-five percent of the ground floor area of
any building in the Downtown Mixed Use Centre Zone. The street front portion of such
building shall be used exclusively for non-Residential uses, save and except access to
ground floor dwelling units is permitted.
(2)
Drive-through restaurant facilities prohibited along East Main Street, West Main Street and
Division Street in the Downtown Mixed Use Centre Zone.
(3)
Permitted only on a lot abutting an arterial road.
(4)
Maximum lot area shall be 2.5 hectares. The maximum percentage of gross floor area
permitted to be occupied by a place of worship is fifty percent of the total gross floor area
on the lot.
City of Welland Zoning By-
law
Zoning By-law No. 2017-117
Section 8: Commercial Zones | Page 8-7
8.3
Regulations for Commercial Zones
The regulations for lots in Commercial Zones are set out in Table 8.3.1. No person shall within any Commercial
Zone use any lot or erect, alter or use any building or structure, except in accordance with the following zone
regulations.
Table 8.3.1: Regulations for Commercial Zones
Column 1
Col. 2
Col. 3
Col. 4
Col. 5
Col. 6
Col. 7
Col. 8
Col. 9
Col. 10
Col. 11
Zone/Uses
Lot
Area
(min)
Lot
Frontage
(min)
Front
Yard (min
and max)
Side
Yard
Interior
(min)
Side Yard
Exterior
(min and
max)
Rear
Yard
(min)
Building
Height
(max)
Gross
Floor
Area
(max)(1)
Land-
scaped
Area
(min)
Lot
Coverag
e (max)
DMC
NA
NA
0 m and
5.0 m
0 m (2)
0 m (2) and
7.5 m
4.5 m
24.0 m
(5)
NA
NA
40%
RS
2.0 ha
NA
3.0 m and
17.5 m (2)
0 m (4)
0 m (2) and
17.5 m
7.5 m
24.0 m
(5)
NA
15%
40%
CC1
600.0
m2
NA
0 m and
17.5 m
0 m (2)
3.0 m and
17.5 m (2)
4.5 m
24.0 m
(5)
17,187.0
m2
10%
40%
CC2
NA
NA
0 m and
3.0 m
0 m (2)
3.0 m and
NA
3.0 m
24.0 m
(5)
NA
15%
50%
NC
0.2 ha
30.0 m
0 m and
7.5 m
0 m (2)
3.0 m and
7.5 m
4.5 m
11.0 m
(3)
1,858.0 m2
(6)
10%
30%
Footnotes:
(1)
For all permitted Commercial uses on a lot
(2)
4.5 m abutting a lot in any Residential or Institutional Zone
(3) 2 Storeys
(4)
7.5 m abutting a lot in any Residential or Institutional Zone
(5)
8 Storeys
(6)
Refer to City of Welland Official Plan Policy 4.4.2.7.D
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 8: Commercial Zones | Page 8-8
8.4
Additional Regulations
8.4.1 Motor Vehicle Service Stations
a)
Regulations
Notwithstanding the regulations specified by the zone where a motor
vehicle service station is a permitted use, the regulations identified in
Table 8.4.1 shall apply.
Table 8.4.1:
Regulations for Motor Vehicle Service Station
Column 1
Column 2
Regulations
Requirements
Lot Width
30.0 m
Lot Coverage
50%
Front Yard or Any Yard Adjacent to a
Street
2.0 m to a building, light standard, and
sign, and 3.0 m to fuel pump and fuel
pump island
Side and Rear Yard Not Abutting a
Residential Use
2.0 m
Rear Yard Abutting a Residential Use
7.5 m
Building Height
11.0 m
Convenience Store Gross Floor Area
150.0 m2 maximum
Convenience Store Parking
4.0 spaces per 150.0 m2 of gross floor
area
b)
Access
Each means of access shall maintain the following requirements:
i)
A width of 7.5 metres measured perpendicular to the centre line of
the abutting public street; and
ii)
A maximum of two accesses per street frontage having a minimum
separation of 7.5 metres measured along the street line.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 8: Commercial Zones | Page 8-9
8.4.2 Motor Vehicle Washing Establishments
The regulations specified by the zone in which a motor vehicle washing
establishment use is permitted shall apply in addition to the following:
a)
Front Yard and Exterior Side Yard 6.0 metres; except 20.0 metres
where car wash bay doors face a
street
b)
Where a car wash abuts a Residential Zone, the yard abutting the
Residential Zone shall be as required by the zone of the property or 12.0
metres, whichever is greater.
c)
Queuing Lane:
i)
For a self-serve (manual) car wash sufficient space shall be
provided on-site to accommodate three vehicles in a line
commencing at the entrance of each wash bay and one vehicle at
the bay exit;
ii)
For an automatic (mechanical) car wash sufficient space shall be
provided on-site to accommodate five (5) vehicles in a line
commencing at the entrance of each wash bay and two vehicles in
a line at each bay exit.
8.4.3 Other Applicable Regulations and Sections
For other applicable regulations and sections refer to SECTION 4:
DEFINITIONS, SECTION 5: GENERAL PROVISIONS and SECTION 6:
PARKING AND LOADING REGULATIONS.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 9: Open Space Zones | Page 9-1
SECTION 9
OPEN SPACE ZONES
The Open Space Zones apply to lands designated Open Space and Recreation, and
Welland Recreational Waterway, in the Official Plan.
9.1
Applicable Zones
The Open Space Zones apply to lands zoned:
-
O1
Neighbourhood Open Space Zone
-
O2
Community Open Space Zone
-
WRW Welland Recreational Waterway
9.2
Permitted Uses
Uses permitted in a zone are noted by the symbol "✓" in the column applicable to
that zone and corresponding with the row for a specific permitted use in Table
9.2.1. A number(s) following the symbol "✓", zone heading or identified permitted
use, indicates that one or more special regulations apply to the use noted or, in
some cases, to the entire zone.
No person shall within any open space zone use or permit the use of any lot or
erect, alter or use any building or structure for any purpose other than those
permitted uses within Table 9.2.1. Special regulations are listed in the footnotes
at the end of the permitted uses in Table 9.2.1.
Table 9.2.1:
Permitted Uses in Open Space Zones
Column 1
Column
2
Column 3 Column 4
Permitted Uses
O1
O2
WRW
Accessory Uses, Buildings and Structures
✓(1)
✓(1)
✓(1)
Arena
✓
✓
Band Stand
✓
✓
Botanical Garden
✓
✓
Cemetery
✓
✓
Community Centre
✓
✓
Community Garden
✓
✓
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 9: Open Space Zones | Page 9-2
Column 1
Column
2
Column 3 Column 4
Permitted Uses
O1
O2
WRW
Conservation
✓
✓
✓
Flood and Erosion Control Facilities
✓
✓
✓
Forestry, Fish and Wildlife Management
✓
✓
✓
Golf Courses
✓
✓
Marinas, Yacht Club, Boat Liveries
✓
✓
Parks
✓
✓
✓
Passive Recreation Trail
✓
✓
✓
Parking Area
✓
✓
Recreational Establishment
✓
✓
Recreation. Passive
✓
✓
✓
Shelters/Pavilions
✓
✓
✓
Ancillary Commercial
Day Care Centre
✓
✓
Patio
✓(2)
✓
Place of Assembly
✓
✓
Restaurant
✓
✓
Retail Establishment
✓
✓
Sports Equipment Rental and Sales
✓
✓
Residential
Accessory Dwelling Unit
✓ (3)
Accessory Uses, Buildings and Structures
✓ (3)
Apartment Dwelling
✓ (3)
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 9: Open Space Zones | Page 9-3
Column 1
Column
2
Column 3 Column 4
Permitted Uses
O1
O2
WRW
Bed and Breakfast
✓ (3)
Block Townhouse
✓ (3)
Boarding or Lodging House
✓ (3)
Day Care
✓ (3)
Group Home
✓ (3)
Home Occupation
✓ (3)
Multiple Dwelling
✓ (3)
Retirement Home
✓ (3)
Short-Term Rental
(3)
Street Townhouse Dwelling
✓ (3)
Two-Unit Dwelling
✓ (3)
Footnotes:
(1)
Refer to Section 5.2
(2)
Refer to Section 5.26
(3)
The provisions of the RM Zone shall apply to medium density development, the provisions
of the RH Zone shall apply to high density development, the provisions of the RL2 Zone
shall apply to all other residential development
9.3
Regulations for Open Space Zones
The regulations for lots in Open Space Zones are set out in Table 9.3.1. No
person shall within any Open Space Zone use any lot or erect, alter or use any
building or structure except in accordance with the following zone regulations.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 9: Open Space Zones | Page 9-4
Table 9.3.1:
Regulations for Open Space Zones
Column 1
Column 2
Column 3
Column 4
Regulations
O1
O2
WRW
Required Yards
The provisions
of the RM Zone
shall apply to
medium density
development
and the
provisions of
the RH Zone
shall apply to
high density
development
the provisions
of the RL2
Zone shall
apply to all
other residential
development.
Front Yard Setback
(minimum)
6.0 m
7.5 m
Side Yard Setback
(minimum)
6.0 m
7.5 m
Exterior Yard
(minimum)
6.0 m
7.5 m
Rear Yard Setback
(minimum)
6.0 m
7.5 m
Building Height
(maximum)
5.0 m
11.0 m
Maximum Building
Gross Floor Area
100.0 m2 (1)
Maximum Size for
Ancillary Commercial
Uses
NA
100.0 m2 (2)
Landscaped Area
(minimum)
25%
25%
Setback from Water's
Edge
15.0 m
15.0 m
Footnotes:
(1)
The building shall only be used for utility and storage purposes
(2)
Per individual establishment
9.4
Additional Regulations
For other applicable regulations and sections refer to SECTION 4:
DEFINITIONS, SECTION 5: GENERAL PROVISIONS and SECTION 6:
PARKING AND LOADING REGULATIONS.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 10: Environmental Overlay Zones | Page 10-1
SECTION 10
ENVIRONMENTAL OVERLAY ZONES
The Environmental Overlay Zones apply to lands designated as Environmental
Protection Areas (including Flood Hazards, Valleys, and Provincially Significant
Wetlands) and Environmental Conservation Areas (including other evaluated
wetlands, Significant Woodlots, and Significant Wildlife Habitat) in the Official Plan.
10.1 Applicable Zones
The Environmental Overlay regulations apply to lands zoned:
-
HA
Hazard Overlay
-
EP
Environmental Protection Overlay
-
EC
Environmental Conservation Overlay
10.2 Permitted Uses
Uses permitted in a zone are noted by the symbol "✓" in the column applicable to
that zone and corresponding with the row for a specific permitted use in Table
10.2.1. A number(s) following the symbol "✓", zone heading or identified
permitted use, indicates that one or more special regulations apply to the use
noted or, in some cases, to the entire zone.
No person shall within any Environmental Overlay Zone use or permit the use of
any lot or erect, alter or use any building or structure for any purpose other than
those permitted uses within Table 10.2.1. Special regulations are listed in the
footnotes at the end of the permitted uses in Table 10.2.1.
Table 10.2.1: Permitted Uses in Environmental Overlay Zones
Column 1
Column 2
Column 3
Column 4
Permitted Uses
HA
EP
EC
Agriculture Uses, excluding Buildings
✓
✓(1)
✓(1)
Boat Launching Ramp
✓
Conservation Use
✓
✓
✓
Docking Facility
✓
Flood and Erosion Control Facilities
✓
✓
✓
Forestry, Fish and Wildlife Management
✓
✓
✓
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 10: Environmental Overlay Zones | Page 10-2
Column 1
Column 2
Column 3
Column 4
Permitted Uses
HA
EP
EC
Golf Courses, excluding Buildings
✓
Park
✓
Picnic Area
✓
Playground
✓
Passive Recreation Trail
✓
✓
✓
Recreation. Passive
✓
Footnote:
(1)
Existing agricultural uses only, excluding buildings and structures
10.3 Regulations for Environmental Overlay Zones
All lands within a Hazard Overlay Zone, Environmental Conservation Overlay
Zone and Environmental Protection Overlay Zone are identified on maps within
Schedule "A" with a hatched overlay.
10.4 Regulations for Hazard Overlay Zones
a)
Where a Hazard Overlay Zone is shown on a map forming Schedule "A", it
includes hazards associated with the watercourses (riverine erosion,
flooding hazard) and the Welland Recreational Waterway shoreline.
Along a watercourse, the Hazard Overlay Zone includes the greater of the
stable top of bank for erosion hazards, or the flooding hazard of the
watercourse.
b)
Notwithstanding the permitted uses in the applicable underlying zones
shown on a map forming Schedule "A", where a lot is also subject to a
Hazard Overlay Zone, no use, building or structure or any expansion to an
existing building or structure shall be permitted unless a permit for
development or site alteration is issued by the Niagara Peninsula
Conservation Authority.
c)
Uses permitted in Table 10.2.1 may require a permit from the Niagara
Peninsula Conservation Authority. Where a permit is used by the Niagara
Peninsula Conservation Authority, the requirements of the underlying
zones shall apply to the extent permitted by the permit issued by the
Niagara Peninsula Conservation Authority.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 10: Environmental Overlay Zones | Page 10-3
10.5 Regulations for Environmental Protection Overlay Zones
a)
Notwithstanding the permitted uses in the applicable underlying zones
shown on maps within Schedule "A", where a lot is also subject to an
Environmental Protection Overlay Zone, no uses and no building or
structures or any expansions to existing buildings or structures shall be
permitted until an Environmental Impact Study (EIS), in accordance with
the EIS Guidelines, and other studies that may be required by the City,
based on approved guidelines or terms of reference, are approved.
b)
The requirement for an EIS may be scoped or waived in accordance with
the EIS guidelines.
c)
The uses permitted in Table 10.2.1 may be permitted subject to a scoped
EIS in accordance with the EIS guidelines.
d)
The EIS required by Subsection 10.5 a), shall confirm the boundaries of
any Natural Heritage Feature or Area within the Environmental Protection
Overlay Zone and any required buffer to the Natural Heritage Feature or
Area. Where the EIS determines that the boundary is smaller than the
Environmental Protection Overlay Zone shown on maps forming Schedule
"A", the lands no longer falling within the boundary of the Environmental
Protection Overlay Zone shall be subject to the requirements of the
underlying zone.
10.6 Regulations for Environmental Conservation Overlay Zones
a)
Notwithstanding the permitted uses in the applicable underlying zones
shown on maps within Schedule "A", where a lot is also subject to an
Environmental Conservation Overlay Zone, no uses and no building or
structures or any expansions to existing buildings or structures shall be
permitted until an Environmental Impact Study (EIS), in accordance with
the EIS Guidelines, and other studies that may be required by the City,
based on approved guidelines or terms of reference, are approved.
b)
The requirement for an EIS may be scoped or waived in accordance with
the EIS Guidelines.
c)
The uses permitted in Table 10.2.1 may be permitted subject to a scoped
EIS in accordance with the EIS guidelines.
d)
The EIS required by Subsection 10.6 a), shall confirm the boundaries of
any Natural Heritage Feature or Area within the Environmental
Conservation Overlay Zone and shall demonstrate that, over the long
term, there will be no significant negative impact on the natural heritage
feature or area or its ecological functions from the uses permitted in the
underlying zone.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 10: Environmental Overlay Zones | Page 10-4
Where the EIS determines that the boundary is smaller than the
Environmental Conversation Overlay Zone shown on maps forming
Schedule "A", the lands no longer falling within the boundary of the
Environmental Conservation Overlay Zone shall be subject to the
requirements of the underlying zone.
10.7 Additional Regulations
For other applicable regulations and sections refer to SECTION 4:
DEFINITIONS, SECTION 5: GENERAL PROVISIONS and SECTION 6:
PARKING AND LOADING REGULATIONS.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 11: Institutional Zones | Page 11-1
SECTION 11
INSTITUTIONAL ZONES
The Institutional Zones apply to lands designated Institutional and Health And
Wellness in the Official Plan.
11.1 Applicable Zones
The Institutional Zones apply to lands zoned:
-
INS1 Institutional
-
INSH Health and Wellness
11.2 Permitted Uses
Uses permitted in a zone are noted by the symbol "✓" in the column applicable to
that zone and corresponding with the row for a specific permitted use in Table
11.2.1. A number(s) following the symbol "✓", zone heading or identified
permitted use, indicates that one or more special regulations apply to the use
noted or, in some cases, to the entire zone.
No person shall within any institutional zone use or permit the use of any lot or
erect, alter or use any building or structure for any purpose other than those
permitted uses within Table 11.2.1. Special regulations are listed in the footnotes
at the end of the permitted uses in Table 11.2.1.
Table 11.2.1: Permitted Uses in Institutional Zones
Column 1
Column 2
Column 3
Permitted Uses
INS1
INSH
Institutional
Accessory Uses, Buildings and Structures
✓(1)
✓(1)
Art Gallery
✓
✓
Community Centre
✓
✓
Community Garden
✓
✓
Cemetery
✓
✓
Day Care Centre
✓
✓
Educational Establishment
✓(2)
✓(3)
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 11: Institutional Zones | Page 11-2
Column 1
Column 2
Column 3
Permitted Uses
INS1
INSH
Emergency Service
✓
✓
Health Related Retail
✓
Hospital, Public
✓
Laboratories
✓
Library
✓
✓
Medical Clinic
✓
✓
Medical Office
✓
✓
Museum
✓
✓
Office
✓
✓
Park
✓
✓
Place of Worship
✓
✓
Private Club
✓
Pharmacy
✓
Recreational Establishment
✓
✓
School, Commercial
✓
✓
Scientific or Medical Laboratory
✓
Service Commercial Establishment
✓
Social Services Establishment
✓
✓
Residential
Accessory Dwelling Units
✓
✓
Accessory Uses, Buildings and Structures
✓(1)
✓(1)
Apartment Dwelling
✓
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 11: Institutional Zones | Page 11-3
Column 1
Column 2
Column 3
Permitted Uses
INS1
INSH
Bed and Breakfast Establishment
✓
Emergency Shelter
✓
✓
Group Home
✓
✓
Home Occupation
✓(4)
✓(4)
Long Term Care Facility
✓
✓
Multiple Dwelling
✓
Residential Care Facility
✓
✓
Retirement Home
✓
✓
Short-Term Rental
✓
✓
Single-Detached Dwelling
✓(5)
✓(5)
Street Townhouse Dwelling
✓(5)
✓(5)
Two-Unit Dwelling
✓(5)
✓(5)
Commercial
Restaurant
✓
Retail Establishment
✓
Footnotes:
(1)
Refer to Subsection 5.3
(2)
Except a College or University
(3)
Restricted to a College or University
(4)
Refer to Subsection 5.18
(5)
Refer to Residential Low Density 2 - RL2 Zone, Table 7.3.1
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 11: Institutional Zones | Page 11-4
11.3 Regulations for Institutional Zones
The regulations for lots in Institutional Zones are set out in Table 11.3.1. No
person shall within any Institutional zone use any lot or erect, alter or use any
building or structure, except in accordance with the following zone regulations.
Table 11.3.1: Regulations for Institutional Zones
Column 1
Column 2
Column 3
Regulations
INS1
INSH
Lot Frontage (minimum)
12.0 m
12.0 m
Lot Area (minimum)
400.0 m2
NA
Lot Area (maximum)
3,700.0 m2
NA
Required Yards:
Front, Side and Rear Yard
Setback (minimum)
6.0 m
3.0 m
Building Height (maximum)
14.0 m (4 Storeys)
24.0 m (8 Storeys)
Maximum Lot Coverage
40%
NA
Landscaped Area (minimum)
15%
15%
11.4 Additional Regulations
For other applicable regulations and sections refer to SECTION 4:
DEFINITIONS, SECTION 5: GENERAL PROVISIONS and SECTION 6:
PARKING AND LOADING REGULATIONS.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 12: Industrial Zones | Page 12-1
SECTION 12
INDUSTRIAL ZONES
The Industrial Zones apply to lands designated Industrial in the Official Plan.
12.1 Applicable Zones
The Industrial Zones apply to lands zoned:
-
L1
Light Industrial
-
G1
General Industrial
-
GEC Gateway Economic Centre
-
X
Aggregate Extraction
12.2 Permitted Uses
Uses permitted in a zone are noted by the symbol "✓" in the column applicable to
that zone and corresponding with the row for a specific permitted use in Table
12.2.1. A number(s) following the symbol "✓", zone heading or identified
permitted use, indicates that one or more special regulations apply to the use
noted or, in some cases, to the entire zone.
No person shall within any industrial zone use or permit the use of any lot or
erect, alter or use any building or structure for any purpose other than those
permitted uses within Table 12.2.1. Special regulations are listed in the footnotes
at the end of the permitted uses in Table 12.2.1.
Table 12.2.1: Permitted Uses in Industrial Zones
Column 1
Column 2
Column 3
Column 4
Column 5
Permitted Uses
L1
G1
GEC
X
Accessory Uses, Buildings and
Structures
✓(1)
✓(1)
✓(1)
✓
Aggregate Extraction Operation
✓
Animal Shelter
✓
✓
Athletic/Fitness Establishment
✓(2)
✓(2)
✓(2)
Building or Contracting Supply
Establishment
✓
✓
✓
Bulk Storage
✓(3)
✓(3)
✓(3)
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 12: Industrial Zones | Page 12-2
Column 1
Column 2
Column 3
Column 4
Column 5
Permitted Uses
L1
G1
GEC
X
Cannabis Production Facility
✓
✓
✓
Commercial Greenhouse
✓
✓
Contractor's Establishment
✓
✓
✓
Custom Workshop
✓
✓
✓
Day Care Centre
✓(2)
✓(2)
✓(2)
Dry Cleaning and Laundry Plant
✓
✓
Existing Adult Entertainment
Parlour
✓
Financial Institution
✓(2)
✓(2)
✓(2)
Food Production Facility
✓
✓
✓
Funeral Home including
Crematorium
✓
✓
Generating Plant
✓
✓
✓
Heavy Equipment Sales, Rental
and Service
✓
✓
✓
Heavy Industrial
✓
✓
Hotel/Motel
✓
Laboratories
✓
✓
✓
Light Equipment/Machinery
Sales, Rental and Service
Establishment
✓
✓
✓
Light Industrial
✓
✓
✓
Manufacturer Showroom/
Accessory Retail Sales
✓(3)
✓(3)
✓(3)
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 12: Industrial Zones | Page 12-3
Column 1
Column 2
Column 3
Column 4
Column 5
Permitted Uses
L1
G1
GEC
X
Market Garden - Open Air
Market
✓
✓
Medical Office or Clinic
✓(2)
Motor Vehicle Body Shop
✓
✓
Motor Vehicle Dealership
✓
✓
Motor Vehicle Repair
Establishment
✓
✓
Motor Vehicle Service Station
✓
✓
Motor Vehicle Washing
Establishment
✓
✓
Offices
✓(3)
✓(3)
✓(3)
Office, Major
✓
Outdoor Storage
✓(3)
✓(3)
✓(3)
Parking Area
✓
✓
✓
Place of Assembly
✓
✓
Printing Establishment
✓
✓
✓
Propane Transfer Facility
✓
✓
✓
Repair Shops and Services
✓
✓
✓
Research and Development
✓
✓
✓
Restaurant
✓(2)
✓(2)
✓(2)
Salvage Yard
✓
✓
School, Commercial
✓
✓
✓
Service Commercial
Establishment
✓(2)
✓(2)
✓(2)
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 12: Industrial Zones | Page 12-4
Column 1
Column 2
Column 3
Column 4
Column 5
Permitted Uses
L1
G1
GEC
X
Sleeping Facilities for
Occasional Use
✓
✓
✓
Surveying, Engineering,
Planning or Design Business
✓(2)
✓(2)
Technology Industry
✓
✓
✓
Training Facilities
✓
✓
✓
Trucking Operation
✓
✓
✓
Warehouse/Public Storage
✓
✓
✓
Waste Transfer/Processing/
Recycling Facility
✓
✓
Wholesale Facility
✓
Footnotes:
(1)
Refer to Subsection 5.3
(2)
Shall only be permitted as an accessory use in a mixed use building/property.
(3)
Shall only be permitted as an accessory use to a principal use.
12.3 Regulations for Industrial Zones
The regulations for lots in an Industrial Zone are set out in Table 12.3.1. No
person shall within any Industrial Zone use any lot or erect, alter or use any
building or structure except in accordance with the regulations including in the
following Table.
Table 12.3.1: Regulations for Industrial Zones
Column 1
Column 2
Column 3
Regulations
L1, G1, GEC
X
Lot Area (minimum)
0 m2
40 ha
Lot Frontage (minimum)
0 m
45.0 m
Front Yard (minimum)
6.0 m
15.0 m
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 12: Industrial Zones | Page 12-5
Column 1
Column 2
Column 3
Regulations
L1, G1, GEC
X
Side Yard (minimum)
0 m
0 m
Rear Yard (minimum)
3.0 m
3.0 m
Yard Abutting a
Residential or
Institutional Zone
(minimum)
3.0 m
90.0 m
Building Height
(maximum)
No maximum
15.0 m (1)
Planting Strip
30.0 m
Abutting a Street
(minimum)
3.0 m Planting Strip,
except for points of
ingress and egress
3.0 m Planting Strip,
except for points of
ingress and egress
Abutting a Residential or
Institutional Zone
(minimum)
3.0 m Planting Strip
3.0 m Planting Strip
Fencing
On lands abutting a
Residential or
Institutional Zone
fencing Shall be
installed along the
common boundary and
Shall have a minimum
height of 1.8 m which
may be a solid screen
fence or a combination
of chain-link fence and
landscape planting to
form a dense year-round
screen.
On lands abutting a
Residential or
Institutional Zone
fencing Shall be
installed along the
common boundary and
Shall have a minimum
height of 1.8 m which
may be a solid screen
fence or a combination
of chain-link fence and
landscape planting to
form a dense year-round
screen.
Footnotes:
(1)
30 metres for aggregate extraction stockpiles
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 12: Industrial Zones | Page 12-6
12.4 Additional Regulations
12.4.1 Motor Vehicle Service Stations
a)
Where a motor vehicle service station is a permitted use by this By-law, the
regulations in Table 12.4.1 shall apply.
Table 12.4.1: Regulations for Motor Vehicle Service Station
Column 1
Column 2
Regulations
Requirements
Lot Width (minimum)
38.0 m
Lot Coverage (maximum)
30%
Front Yard or any Yard Adjacent to a
Street (minimum)
2.0 m to a Building; and 3.0 m for a
light standard, sign, fuel pump or fuel
pump island
Side and Rear Yard Not Abutting a
Residential Use (minimum)
7.5 m
Rear Yard abutting a Residential Use
(minimum)
10.0 m
Building Height (maximum)
10.5 m
Convenience Store Gross Floor Area
(maximum)
150.0 m2
b)
Each means of access shall maintain the following requirements;
i)
A width of 7.5 metres measured perpendicular to the centre line of
the abutting public street; and
ii)
A maximum of two accesses per street frontage having a minimum
separation of 7.5 metres measured along the street line.
12.4.2 Motor Vehicle Washing Establishments
The regulations specified by the zone in which a motor vehicle washing
establishment use is permitted shall apply in addition to the following:
a)
Front Yard and Exterior Side
Yard
6 metres; except 20 metres where
car wash bay doors face a street
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 12: Industrial Zones | Page 12-7
b)
Where a Car Wash abuts a Residential Zone, the yard abutting the
Residential Zone shall be 12.0 metres;
c)
Queuing Lane:
i)
For a self-serve (manual) car wash sufficient space shall be
provided on-site to accommodate three vehicles in a line
commencing at the entrance of each wash bay and one vehicle at
the bay exit;
ii)
For an automatic (mechanical) car wash sufficient space shall be
provided on-site to accommodate ten vehicles in a line
commencing at the entrance of each wash bay and two vehicles in
a line at each bay exit.
12.4.3 Outdoor Storage
Outdoor storage of materials, equipment, parts, refuse, waste, finished products,
unfinished products is not permitted except in accordance with the following
regulations:
a)
On lots less than 4.0 hectares in area outdoor storage is not permitted in a
front yard.
b)
On lots 4.0 hectares in area or greater outdoor storage is permitted in the
front yard but not within the required front yard, provided the outdoor
storage area shall be screened from all streets and Residential Zoned
lands.
c)
Outdoor storage is not permitted within 18.0 metres of a Residential or
Institutional Zone.
d)
All refuse, waste and refuse and waste containers shall be screened such
as not to be visible from any street or any Residential Zones.
e)
All outdoor storage areas shall be screened by a solid visual barrier
having a minimum height of 1.8 metres and a maximum height of 2.5
metres.
12.4.4 Manufacturer's Showroom/Accessory Retail Sales (Maximum)
A maximum of twenty-five percent of the total gross floor area of the building or
500.0 m2 may be used for a manufacturer's showroom/accessory retail sales,
whichever is the lesser.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 12: Industrial Zones | Page 12-8
12.4.5 Cannabis Production Facility
a)
Must be in a wholly enclosed building.
b)
Outdoor storage is not permitted.
c)
Loading spaces must be in a wholly enclosed building.
d)
Must be equipped with an air treatment control system.
e)
Must maintain a minimum setback of 15 metres from all lot lines.
f)
A building or structure used for security purposes may be located in the
front yard and does not have to comply with the required minimum
front yard setback.
g)
A cannabis production facility will be prohibited on any lot containing a
dwelling.
h)
A cannabis production facility will be subject to site plan control pursuant
to Section 41 of the Planning Act; and
i)
Any building or structure or part thereof used for cannabis production
facility purposes with the exception of a building or structure used for
security purposes shall be setback a minimum of 150 metres from the
property line of:
i)
A Residential Zone;
ii)
An Institutional Zone
j)
All residents and property owners within 300 metres of the property line
of the proposed cannabis production facility must be notified of the
proposed site plan including details of their proposed air control system
and be provided with a 14 day period to review and comment on the
proposed site plan and air treatment control system. Deficiencies shall
be addressed by the cannabis production facility prior to approval of the
site plan.
k)
The cannabis production facility must enter into a site plan agreement
with the City of Welland that ensures the proposed air treatment control
system will be effective in mitigating nuisance odors at the property line
which provides a mechanism for the city to enforce mitigation efforts
and take action if the mitigation requirements outlined in the agreement
are not effective.
I)
The cannabis production facility must install light control such as shades or
other technology to mitigate light emissions from sundown to sunup.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 12: Industrial Zones | Page 12-9
12.4.6 Other Applicable Regulations and Sections
For other applicable regulations and sections refer to SECTION 4:
DEFINITIONS, SECTION 5: GENERAL PROVISIONS and SECTION 6:
PARKING AND LOADING REGULATIONS.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 13: Agricultural and Rural Zones | Page 13-1
SECTION 13
AGRICULTURAL AND RURAL ZONES
The Agricultural and Rural Zones apply to lands designated Agricultural, Rural and
Rural Employment in the Official Plan.
13.1 Applicable Zones
The Agricultural and Rural Zones of this By-law apply to lands zoned:
-
A1
Agricultural
-
RR
Rural Residential
-
RE
Rural Employment
13.2 Permitted Uses
Uses permitted in a zone are noted by the symbol "✓" in the column applicable to
that zone and corresponding with the row for a specific permitted use in Table
13.2.1. A number(s) following the symbol "✓", zone heading or identified
permitted use, indicates that one or more special regulations apply to the use
noted or, in some cases, to the entire zone.
No person shall within any Agricultural or Rural Zone use or permit the use of
any lot or erect, alter or use any building or structure for any purpose other than
those permitted uses within Table 13.2.1. Special regulations are listed in the
footnotes at the end of the permitted uses in Table 13.2.1.
Table 13.2.1: Permitted Uses in Agricultural and Rural Zones
Column 1
Column
2
Column
3
Column
4
Permitted Uses
A1
RR
RE
Accessory Uses, Buildings and Structures
✓(1)
✓(1)
✓(1)
Accessory Dwelling Unit
✓
✓
Agriculture
✓
✓
✓
Agri-Tourism
✓(8)
✓
Agriculture-Related Uses
✓
✓
Bed and Breakfast Establishment
✓
✓
✓
Building and Lumber Supply Establishment
✓
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 13: Agricultural and Rural Zones | Page 13-2
Column 1
Column
2
Column
3
Column
4
Permitted Uses
A1
RR
RE
Cannabis Production Facility
✓
✓
Cemetery
✓
✓
Farm Labour Residence
✓
Farm Produce/Product Stand
✓
✓
✓
Farm Machinery Sales and Repair
✓
Garden Suite
✓(3)
✓(3)
Greenhouse
✓
Group Home
✓
✓
Home Industry
✓(4)
✓(4)
Home Occupation
✓(7)
✓(7)
Kennel
✓
Landscape Contracting Establishment
✓
Market Garden
✓
Outdoor Storage (5)
✓
✓
Short-Term Rental
Single-Detached Dwelling
✓(2)
✓
✓(6)
Single-Detached Dwelling (Principal Use on
Existing Lot of Record)
✓
✓
Trucking Operation (Related to Agricultural
Uses)
✓
Veterinary Service
✓
✓
✓
Warehousing (Related to Agricultural Uses)
✓
✓
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 13: Agricultural and Rural Zones | Page 13-3
Footnotes:
(1)
Refer to Subsection 5.3
(2)
Permitted as an accessory use to an agricultural operation
(3)
Refer to Subsection 5.15
(4)
Refer to Subsection 5.17
(5)
Accessory to a permitted principal use
(6)
Permitted as an accessory use to a permitted Rural Employment Use
(7)
Refer to Subsection 5.18
(8)
Buildings and structures used for agritourism are limited to 250 m2 in gross floor area.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 13: Agricultural and Rural Zones | Page 13-4
13.3 Regulations for Agricultural and Rural Zones
The regulations for lots in Agricultural and Rural Zones are set out in Table 13.3.1. No person shall within any
Agricultural or Rural Zone use any lot or erect, alter or use any building or structure except in accordance with the
following zone regulations.
Table 13.3.1: Regulations for Agricultural Rural Zones
Column 1
Col. 2
Col. 3
Col. 4
Col. 5
Col. 6
Col. 7
Col. 8
Col. 9
Col. 10
Zone/Uses
Lot Area
(min)
Lot
Frontage
(min)
Front
Yard (min)
Side Yard
Interior
(min)
Side Yard
Exterior
(min)
Rear Yard
(min)
Building
Height
(max)
Lot
Coverage
(max)
Land-
scaping
(min)
A1, RR, RE
Agriculture/Agriculture
Related Uses
40.0 ha
30.0 m
15.0 m
15.0 m
15.0 m
15.0 m
NA
10%
NA
Agri-Tourism
40.0 ha
30.0 m
15.0 m
15.0 m
15.0 m
15.0 m
NA
500m2 (6)
NA
Bed and Breakfast
1.0 ha
30.0 m
10.0 m
3.0 m
4.5 m
7.5 m
11.0 m (1)
20%
NA
Building and Lumber
Supply Establishment
3.0 ha
30.0 m
10.0 m
4.5 m
4.5 m
10.0 m
11.0 m (1)
25%
3.0 m (4)
Cannabis Production
Facility
40.0 ha
30.0 m
15.0 m
15.0 m
15.0 m
15.0 m
11.0 m (1)
25%
3.0 m
(2) (4)
Cemetery
0.4 ha
12.0 m
10.0 m
10.0 m
10.0 m
10.0 m
6.0 m
NA
NA
Farm Labour
Residence (3)
40.0 ha
30.0 m
15.0 m
15.0 m
15.0 m
15.0 m
11.0 m (1)
NA
NA
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 13: Agricultural and Rural Zones | Page 13-5
Column 1
Col. 2
Col. 3
Col. 4
Col. 5
Col. 6
Col. 7
Col. 8
Col. 9
Col. 10
Zone/Uses
Lot Area
(min)
Lot
Frontage
(min)
Front
Yard (min)
Side Yard
Interior
(min)
Side Yard
Exterior
(min)
Rear Yard
(min)
Building
Height
(max)
Lot
Coverage
(max)
Land-
scaping
(min)
Farm Machinery
Sales and Repair
3.0 ha
30.0 m
10.0 m
10.0 m
10.0 m
10.0 m
11.0 m (1)
25%
3.0 m (4)
Greenhouse
40.0 ha
30.0 m
10.0 m
10.0 m
10.0 m
10.0 m
NA
70%
NA
Group Home
0.4 ha
30.0 m
10.0 m
3.0 m
4.5 m
7.5 m
11.0 m (1)
30%
NA
Kennel
2.0 ha
30.0 m
10.0 m
4.5 m
4.5 m
7.5 m
11.0 m (1)
30%
3.0 m (2)
Landscape
Contracting
3.0 ha
30.0 m
10.0 m
4.5 m
4.5 m
12.0
11.0 m (1)
25%
3.0 m (2)
Market Garden
40.0 ha
30.0 m
10.0 m
4.5 m
4.5 m
10.0 m
NA
70%
NA
Single-Detached
Dwelling
0.4 ha
30.0 m
10.0 m
3.0 m
4.5 m
7.5 m
11.0 m (1)
20%
NA
Veterinary Service
1.5 ha
30.0 m
10.0 m
4.5 m
4.5 m
7.5 m
11.0 m (1)
20%
3.0 m (2)
Warehousing (5)
3.0 ha
30.0 m
10.0 m
15.0 m
15.0 m
12.0 m
11.0 m (1)
25%
3.0 m (4)
Footnotes:
(1)
Three Storeys
(2)
Along the front lot line
(3)
Refer to Subsection 13.4
(4)
Adjacent to lot lines abutting residential dwellings or zones.
(5)
Accessory to agricultural uses only
(6)
Maximum gross floor area of all buildings and structures devoted
to the use
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 13: Agricultural and Rural Zones | Page 13-6
13.4 Additional Regulations
13.4.1 Outdoor Storage
a)
Not permitted in any minimum front yard, side yard or exterior yard.
b)
This subsection does not apply to the storage or parking of agricultural
vehicles or equipment.
13.4.2 Small Scale Retailing of Agricultural Products
The maximum gross floor area of all buildings and structures devoted to retailing
of agricultural products grown primarily as part of the farm operation exclusive of
a farm produce/product stand shall be 200.0 square metres.
13.4.3 Minimum Distance Separation
The Minimum Distance Separation formula of the Agricultural Code of Practice
for both Agricultural and non-Agricultural uses must be followed.
13.4.4 Farm Labour Residence
a)
A maximum of one farm labour residence shall be permitted on a lot;
b)
Where a farm labour residence is in the form of a temporary detached
dwelling or temporary bunk house, the following regulations shall apply:
i)
Shall be located within 30.0 metres of the farm dwelling
ii)
Shall have a maximum building height of 11.0 metres;
iii)
Shall utilize the existing driveway access to the farm dwelling;
iv)
Any temporary detached dwelling shall have a minimum floor area
of 65.0 square metres and a maximum floor area of 115.0 square
metres;
v)
Any temporary bunk house shall have a minimum gross floor area
of 65.0 square metres or 8.0 square metres per resident; whichever
is greater;
c)
Where a farm labour residence is in the form of an accessory apartment
attached to and forming part of the principal farm dwelling, the accessory
apartment shall not exceed twenty-five percent of the gross floor area of
the principal farm dwelling.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 13: Agricultural and Rural Zones | Page 13-7
13.4.5 Cannabis Production Facility
a)
Must be in a wholly enclosed building.
b)
Outdoor storage is not permitted.
c)
Loading spaces must be in a wholly enclosed building
d)
Must be equipped with an air treatment control system.
e)
A building or structure used for security purposes may be located in the
front yard and does not have to comply with the required minimum front
yard setback.
f)
A cannabis production facility will be prohibited on any lot
containing a dwelling.
g)
A cannabis production facility will be subject to site plan control
pursuant to Section 41 of the Planning Act; and
h)
Any building or structure or part thereof used for cannabis
production facility purposes with the exception of a building or
structure used for security purposes shall be setback a minimum of
150 metres from the property line of:
a. A Residential Use or Zone;
b. An Institutional Use
13.4.6 Other Applicable Regulations and Sections
For other applicable regulations and sections refer to SECTION 4:
DEFINITIONS, SECTION 5: GENERAL PROVISIONS and SECTION 6:
PARKING AND LOADING REGULATIONS.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 14: Railway Transportation Zones | Page 14-1
SECTION 14
RAILWAY TRANSPORTATION ZONES
The Railway Transportation Zone applies to lands designated Railway in the Official
Plan.
14.1 Applicable Zones
The Railway Transportation Zones apply to lands zoned:
-
RT
Railway Transportation
14.2 Permitted Uses
No person shall within any Railway Transportation Zone use or permit the use of
any lot or erect, alter or use any building or structure for any purpose other than
railway lines and accessory uses.
14.3 Regulations for Railway Transportation Zones
a)
Setback for new buildings adjacent to a Rail Transportation RT Zone:
Refer to SECTION 5: GENERAL PROVISIONS - Subsection 5.36 -
Setback Requirements Adjacent to Railways.
b)
Existing buildings are recognized under the legal non-conforming provision
in Subsection 1.8 - Legal Non-Conforming Buildings and Uses of this By-
law.
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Section 15: Enactment | Page 15-1
SECTION 15
ENACTMENT OF BY-LAW 2017-117
15.1
Being a By-law to establish a New Comprehensive Zoning By-law pursuant to the
Planning Act (File 2015-09)
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, provides that the
governing body of a municipal corporation may pass by-laws to regulate the use
of land and the character, location and uses of buildings and structures;
AND WHEREAS it is expedient to rezone those portions of the City of Welland,
more specifically shown on those parts of the Schedules, attached hereto and
forming part of this By-law;
NOW THEREFORE the Council of the Corporation of the City of Welland enacts By-law
2017-117.
15.2 Replacement of By-law 2667 and By-law 1538 and amendments
a)
By-law 2667 and By-law 1538 for the City of Welland and all amendments
thereto, are hereby replaced by this By-law except they will continue to apply to
the properties known municipally as 418, 424, and 430 Aqueduct Street; 650,
656, 664, 670, 678, 684, 694, and 698 Niagara; 69, 102, 165 and 158 Primeway
Drive; lands at the s/e corner of First Street and Plymouth; 105 First Street; and
114, 142 Second Street be excluded from the By-law.
b)
For the purposed of administering the Transition Provisions of Subsection 2.9 of
this By-law, Zoning By-law 2667 and 1538 shall only be repealed three years
after the date of enactment of this By-law for all lands within the City of Welland
with the exception of properties municipally known municipally as 418, 424, and
430 Aqueduct Street; 650, 656, 664, 670, 678, 684, 694, and 698 Niagara; 69,
102, 165 and 158 Primeway Drive; lands at the s/e corner of First Street and
Plymouth; 105 First Street; and 114, 142 Second Street be excluded from the By-
law.
15.3 Effective Date
This By-law shall become effective as of the date of passing of this By-law. In the event
of appeal, the validity provisions in Section 2.1 shall apply.
READ A FIRST, SECOND AND THIRD TIME AND PASSED BY COUNCIL THIS 17TH
DAY OF OCTOBER 2017.
______________________________MAYOR
______________________________CLERK
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Schedule "A" - Zone Maps | Page A-1
SCHEDULE "A"
ZONE MAPS
City of Welland Zoning By-law
Zoning By-law No. 2017-117
Schedule "B" - Special Exceptions | Page B-1
SCHEDULE "B"
SPECIAL EXCEPTIONS