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ZONING BY-LAW 28/2006 As Amended
2-1
SECTION 2
DEFINITIONS
DEFINITION INDEX
A
ABATTOIR
ACCESSORY
ADULT ENTERTAINMENT PARLOUR
AGRICULTURAL USE
AGRI-TOURISM
AGRO-FORESTRY
ALTER
ANIMAL CLINIC
ANIMAL KENNEL
APIARY
ASSEMBLY HALL
ATTACHED
ATTIC
AUCTION SALES FACILITIES
B
BAKERY
BALCONY
BARRIER FREE ACCESS
BASEMENT
BED AND BREAKFAST ESTABLISHMENT
BOARDING HOUSE OR ROOMING HOUSE
BUFFER STRIP
BUILDING
BUILDING AREA
BUILDING BY-LAW
BUILDING LINE
BUILDING LINE, ESTABLISHED
BUILDING OPENING
BUTCHER SHOP
C
CAMPGROUND
CANTILEVERED WALL
CARPORT
CAR-WASHING ESTABLISHMENT
CATERER'S ESTABLISHMENT
CANNABIS
CANNABIS PRODUCTION AND PROCESSING
CELLAR
CEMETERY
CHURCH OR PLACE OF WORSHIP
CLINIC
CLUB
COMMERCIAL USE
COMMUNITY CENTRE
CONSERVATION AREA
CONTRACTOR"S YARD OR SHOP
CONTRACTOR"S YARD OR SHOP, LIGHT DUTY
CONVENIENCE PLAZA
CONVENIENCE STORE
COVERAGE
D
DAY CARE CENTRE
DAY CARE - PRIVATE HOME
DEAD STOCK REMOVAL FACILITY
DECK
DERELICT MOTOR VEHICLE
DOCK
DRIVE-THROUGH
DRIVEWAY
DRIVEWAY DAYLIGHT TRIANGLE
DRY CLEANING ESTABLISHMENT
DWELLING
DWELLING, APARTMENT
DWELLING, CLUSTER TOWNHOUSE
DWELLING, CONVERTED
DWELLING, DUPLEX,
DWELLING, FARM
DWELLING, FOURPLEX
DWELLING, MAISONETTE
DWELLING, MODULAR,
DWELLING, SEASONAL
DWELLING, SEMI-DETACHED,
DWELLING, SINGLE-DETACHED
DWELLING, STACKED TOWNHOUSE
DWELLING, STREET TOWNHOUSE
DWELLING, TRIPLEX
DWELLING UNIT
DWELLING UNIT (ATTACHED), ADDITIONAL
DWELLING UNIT (DETACHED), ADDITIONAL
DWELLING UNIT, BACHELOR
E
EFFECTIVE DATE
ERECT
EXISTING
F
FARM
FARM EQUIPMENT SALES AND SERVICE
FARM PRODUCE OUTLET
FARMER
FEED MILL
FERTILIZER PLANT
FINANCIAL INSTITUTIONS
FLOOD AND EROSION CONTROL
FLOOR AREA
FLOOR AREA, COMMERCIAL
FLOOR AREA, GROUND
FOOD PROCESSING PLANT
FOOD CART
FOOD TRUCK
FORESTRY USE
FUNERAL HOME
ZONING BY-LAW 28/2006 As Amended
2-2
G
GAME FARM
GARDEN SUITE
GARDEN SUPPLY CENTRE
GARAGE, PRIVATE OR CARPORT
GARAGE, PUBLIC
GAS
GAS BAR
GOLF COURSE
GRADE LEVEL
GRAIN HANDLING AND STORAGE FACILITIES
GREENHOUSE, AGRICULTURAL
GREENHOUSE, COMMERCIAL
GREENHOUSE, RESIDENTIAL
GROUP HOME
GROUPED HOUSING
H
HABITABLE ROOM
HAZARD LAND
HEIGHT
HOME-BASED FOOD BUSINESS
HOME OCCUPATION
HOSPITAL
HOTEL
HOUSEHOLD PET
I
INDUSTRIAL USE, DRY
INDUSTRIAL USE, LIGHT/DRY
INDUSTRIAL USE, URBAN
INSTITUTIONAL USE
L
LANDING
LANDSCAPED AREA
LANE OR ALLEY
LAUNDRY ESTABLISHMENT
LIBRARY
LIVESTOCK
LIVESTOCK ASSEMBLY
LIVESTOCK SALES BARNS AND MARKETING
YARDS
LOADING SPACE
LOT
LOT AREA
LOT AREA, BUILDABLE
LOT, CORNER
LOT DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT LINES
LOT, THROUGH
LUMBER (BUILDING MATERIALS) YARD
M
MAIN BUILDING
MAIN USE
MAIN WALL
MANURE STORAGE AREA
MARKET GARDEN OPERATIONS
MEAT PACKING OPERATION
METAL FABRICATION
MINI-STORAGE FACILITY
MINIMUM DISTANCE SEPARATION
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME, DOUBLE-WIDE
MOBILE HOME PARK
MOTEL
MOTOR HOME
MOTOR VEHICLE
MOTOR VEHICLE BODY SHOP
MOTOR VEHICLE SALES ESTABLISHMENT
MOTOR VEHICLE SERVICE STATION
MOTOR VEHICLE WRECKING ESTABLISHMENT
MUNICIPAL DRAIN
N
NON-AGRICULTURAL
NON-COMPLYING
NON-CONFORMING
NON-RESIDENTIAL
NURSING HOME
O
OCCUPANCY
OFFICE, GENERAL
OFFICE, PROFESSIONAL
OIL
ON-FARM DIVERSIFIED USE
OPEN SPACE
OPEN STORAGE
OWNER
P
PARK, PRIVATE
PARK, PUBLIC
PARKING LOT
PARKING SPACE
PERMITTED
PERSON
PERSONAL SERVICE SHOP
PIT
PITS AND QUARRIES, WAYSIDE
PLANTING STRIP
PORCH
PORTABLE ASPHALT PLANT
POST OFFICE
PREFABRICATED RESIDENTIAL DWELLING
PUBLIC AUTHORITY
PUBLIC LANE
PUBLIC SERVICES
PUBLIC UTILITY FACILITIES
PUBLISHING AND PRINTING ESTABLISHMENT
Q
ZONING BY-LAW 28/2006 As Amended
2-3
QUARRY
R
RAMP
RECREATIONAL FACILITIES
RECREATIONAL USE, ACTIVE
RECREATIONAL USE, PASSIVE
REFRESHMENT VEHICLE
RENDERING PLANT
RESIDENTIAL USE
RESTAURANT
RESTAURANT, TAKE-OUT
RETAIL STORE
RIDING STABLE
RIFLE RANGE AND TRAP SHOOTING RANGE OR
CLUB
RIGHT-OF-WAY OR EASEMENT
S
SALVAGE AND WRECKING YARD
SANITARY SEWAGE FACILITIES, MUNICIPAL
SANITARY SEWAGE FACILITIES, PRIVATE
SCHOOL, COMMERCIAL
SCHOOL, PUBLIC
SCHOOL, PRIVATE
SENIOR CITIZEN HOME
SERVICE SHOP
SETBACK
SETBACK FROM WATER
SHORT-TERM RENTALS
SIGN
STOREY
STOREY, FIRST
STOREY, HALF
STREET OR ROAD
STREET OR ROAD, PRIVATE
STREET LINE
STRUCTURE
T
TAVERN
TAXI SERVICE ESTABLISHMENT
THEATRE
TOWNSHIP
TRAILER, PARK MODEL
TRAILER, TRAVEL
TRAVEL TRAILER PARK
TRUCK BODY or SEA CONTAINER
TRUCK CAMPER
TRUCK TERMINAL
U
USE
USE, CONTINUOUS
V
VALUE-ADDED, AGRICULTURAL USES
VEHICLE
VEHICLE, COMMERCIAL MOTOR
W
WAREHOUSE
WASTE DISPOSAL SITE
WATER FRONTAGE
WATER SUPPLY, COMMUNAL
WATER SUPPLY SYSTEM, PUBLIC
WELDING AND MACHINE SHOP
WELL
WHOLESALE OUTLET
WIND FARM
WIND TESTING TOWER
WIND TURBINE
WIND TURBINE, ACCESSORY
WOODWORKING SHOP
WRECKING YARD
Y
YARD
YARD, FRONT
YARD, LAKE
YARD, REAR
YARD, SIDE
YARD, SIDE, EXTERIOR
YARD, SIDE, INTERIOR
ZONING BY-LAW 28/2006 As Amended
2-4
In this By-law, unless the context requires otherwise, the following definitions and interpretations shall
apply. The inclusion of a definition in this section DOES NOT mean that the use is permitted within any
zone. Reference needs to be made to the specific zone to determine permitted uses and regulations within
that particular zone.
2.1
ABATTOIR shall mean a building, structure or lot or part thereof where animals are
slaughtered for the purposes of processing meat into food for human consumption; and
where meat products are produced, processed, handled, or stored.
2.2
ACCESSORY shall mean a use, a building, or structure that is normally incidental,
subordinate, and exclusively devoted to a main use, building, or structure and that is located
on the same lot therewith which is not used or intended for human habitation unless
permitted by this By-law.
2.3
ADULT ENTERTAINMENT PARLOUR shall mean any premises or part thereof,
used in pursuance of any trade, calling, business or occupation, for the purpose of a live
performance, exhibition or activity designed to appeal to erotic or sexual appetites or
inclinations, of which a principal feature or characteristic is the nudity or partial nudity of
any person, and in respect of which the word "nude", "naked", "topless", "bottomless",
or "sexy", or any other word, picture, symbol or representation having like meaning or
implication may be used on any sign, advertisement, or advertisement device, and
without limiting the generality of the foregoing, includes any performance, exhibition, or
activity involving striptease dancers, exotic dancers, wet clothing contests, or best body
part contests.
2.4
AGRICULTURAL USE shall mean the cultivation of land, the production of crops,
aquaculture, apiaries, the breeding, raising and care of livestock and the selling of such
crops/livestock or the product of such crops/ livestock raised on the premises, and without
limiting the generality of the foregoing includes animal husbandry, and the raising and
harvesting of field, bush, tree or vine crops, market gardening, agricultural greenhouses,
including the related sights, sounds, smells, and noises, and excluding composting, garden
supply centres, plant nurseries and commercial greenhouses.
2.5
AGRI-TOURISM Shall mean the act of visiting a working farm or any agricultural,
horticultural or agri-business operation for the purpose of education, enjoyment, or active
involvement in the activities of the farm where the principal activity on the property
remains as farming and where products used in the activity are produced on the property
or related to farming. Such activities shall only include hay or corn maze, petting zoo,
hey/sleigh rides, buggy or carriage rides, farm tours, and processing demonstrations. All
Agri-Tourism buildings and structures shall be subject to the provisions of Section 4.29,
On-Farm Diversified Uses.
2.6
AGRO-FORESTRY Means the use of a lot, or part thereof, for the purpose of growing
trees and/or other perennial plants together with annual crops in the expectation of gain or
reward.
2.7
ALTER when used in reference to a building or structure or part thereof, shall mean to
change any one or more of the internal or external dimensions of such building or structure
or to change the type of construction of the exterior walls or roof thereof. When used in
reference to a lot, the word "alter" means to change the width, depth, or area of any required
ZONING BY-LAW 28/2006 As Amended
2-5
yard, setback, landscaped open space, or parking area, or to change the location of any
boundary of such lot with respect to a street or lane, whether such alteration is made by
conveyance or alienation of any portion of said lot, or otherwise.
2.8
ANIMAL CLINIC shall mean any building containing more than two rooms, used or
intended for use for the purpose of a veterinarian practice.
2.9
ANIMAL KENNEL shall mean a building, structure or other facility, or any part thereof,
which is used for Boarding, grooming, rescuing, showing, training, housing, breeding, or
keeping of more than three (3) Dogs, but shall not include an Accredited Veterinary
Facility, an animal hospital, pet store or animal shelter.
2.10
APIARY shall mean a place in which a number of beehives are kept, a bee farm.
2.11
ASSEMBLY HALL shall mean a building or part of a building in which facilities are
provided for such purposes as meetings for civic, educational, political, religious, or social
purposes and may include a banquet hall or private club.
2.12
ATTACHED shall mean a building otherwise complete in itself, which depends for
structural support, or complete enclosure, upon a division wall or walls shared in common
with an adjacent building or buildings.
2.13
ATTIC shall mean the portion of a building situated wholly or part within the roof and
which is not one-half storey.
2.14
AUCTION SALES FACILITIES shall mean a building, structure, or portion thereof used
for the retail sale of articles or goods to the members of the public bidding the highest offer
for the article or goods during the sale proceedings.
2.15
BAKERY shall mean a building, or part thereof, used for producing, mixing,
compounding, or baking bread, biscuits, cakes or other baked products, which may or may
not include a retail store where such products are sold.
2.16
BALCONY shall mean a platform that projects from the outside of a building, having at
least one (1) side open that may be covered by either a roof or another balcony and shall
have no direct access to the ground.
2.17
BARRIER FREE ACCESS shall mean continuous unobstructed access, connecting all
elements and spaces for a building or facility and may include parking access aisles, ramps,
crosswalks at vehicular ways and barrier free accessible doorways at all entrances and
exits.
2.18
BASEMENT shall mean that portion of a building partially below ground level and which
has more than one-half (1/2) of the area of the exterior wall between finished grade and
first floor level exposed.
2.19
BED AND BREAKFAST ESTABLISHMENT shall mean a dwelling unit or part of a
dwelling unit used for the purpose of catering to the needs of the traveling public, by
supplying food and furnishing sleeping accommodations, but shall not include any part of
an accessory building.
ZONING BY-LAW 28/2006 As Amended
2-6
2.20
BOARDING HOUSE or ROOMING HOUSE shall mean any house or building or
portion thereof in which the proprietor resides and supplies, for hire or gain to more than
two persons, lodging and/ or meals, but shall not include a hotel, motel, hospital, bed and
breakfast establishment, home for the young or the aged, or institution, or restaurant
accommodating the general public.
2.21
BUFFER STRIP shall mean an area used for no other purpose than the planting of a
continuous row of trees or an un-pierced hedgerow of natural evergreens or shrubs, not less
than 1.2 metres in height at the time of planting, and must be of such a species or type so
as to achieve a minimum height of 1.75 metres at maturity. A buffer strip shall have a
minimum width of 1.5 metres unless otherwise specified in this by-law.
2.22
BUILDING shall mean any structure whether temporary or permanent, used or intended
for sheltering any use or occupancy but shall not include a boundary wall, fence, travel
trailer, camping trailer, truck camper, motor home or tent.
2.23
BUILDING AREA shall mean the area of a lot within which permitted buildings or other
structures may be erected, used, and maintained and shall be calculated by deducting all
required yard areas and setbacks from the gross lot area.
2.24
BUILDING BY-LAW shall mean any building By-law within the meaning of the Building
Code Act.
2.25
BUILDING LINE Shall mean a line within a lot drawn parallel to a lot line. It establishes
the minimum distance between the lot line and any building, or structure that may be
erected.
2.26
BUILDING LINE, ESTABLISHED shall mean a line within a lot drawn parallel to a lot
line created by measuring the average setback of existing buildings, where at least five
main buildings have been erected on any one side of a continuous 150.0 metre strip of land
fronting on a street or road.
2.27
BUILDING OPENING shall mean a door, window or similar opening in a building.
2.28
BUTCHER SHOP shall mean an establishment where meat, poultry, and/or fish are
cooked, cured, cut or otherwise prepared and offered for retail sale, but does not include a
meat products plant, a stock-yard, an abattoir, tannery, or hide processing plant, a poultry
processing plant, a poultry-killing establishment, an animal food factory or an animal by-
products plant.
2.29
CAMPGROUND shall mean a use consisting of at least five camping sites, licensed under
the provisions of the Municipal Act, as amended, and comprising land used or maintained
for seasonal recreational activity as grounds for the camping or parking of a tent, motor
home, travel trailer, or truck camper, but not a mobile home.
2.30
CANNABIS shall mean a genus of flowering plants in the family Cannabaceae. Synonyms
include, but are not limited to, marijuana and marihuana. This definition does not include
the industrial or agricultural production of hemp (a source of foodstuffs (hemp milk, hemp
seed, hemp oil), fiber and biofuels).
2.31
CANNABIS PRODUCTION AND PROCESSING shall mean lands, buildings, or
ZONING BY-LAW 28/2006 As Amended
2-7
structures used for the production, processing, testing, destroying, packaging, storage
and/or shipping of cannabis authorized by an issued license or registration by the federal
Minister of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations,
SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, and the
Cannabis Act, S.C. 2018, c. 16, as amended from time to time, or any successors thereto.
2.32
CANTILEVERED WALL shall mean an exterior front, side, or rear wall of a building
that may project from a "Main Wall" into a "Yard" in accordance with the provisions of
this By-law.
2.33
CARPORT refer to the definition of Garage, Private.
2.34
CAR-WASHING ESTABLISHMENT means a building, structure or facility designed,
intended or used exclusively for the washing of motor vehicles.
2.35
CATERER'S ESTABLISHMENT shall mean an establishment in which food and
beverage are prepared for consumption on or off the premises to customers but does not
include a restaurant.
2.36
CELLAR see BASEMENT.
2.37
CEMETERY shall mean land that is set apart or used as a place for the internment of the
dead or in which human bodies have been buried.
2.38
CHURCH or PLACE OF WORSHIP shall mean a building dedicated to religious
worship and may include a church hall, church auditorium, Sunday school, parish hall,
church day nursery, synagogue and temple.
2.39
CLINIC shall mean any building or portion thereof containing two or more offices used
or intended for use for any of the purposes of medical or dental practice, and without
limiting the generality of the foregoing includes the offices or consulting rooms of
members of the medical or dental professions or a chiropractor.
2.40
CLUB shall mean a building used or intended to be used as a meeting place for the
members of an organization, association, fraternal order, or similar type group, not
operated for profit and wherein athletic facilities, dining rooms, and beverage rooms may
or may not be provided.
2.41
COMMERCIAL USE shall mean the use of land or buildings for the purposes of buying
and/or selling, and/or leasing commodities and supplying services.
2.42
COMMUNITY CENTRE shall mean a building used for community activities and not
for commercial purposes, the control of which is vested in the Township, a local board, or
trustees.
2.43
CONSERVATION AREA shall mean an area of land owned by a conservation
authority, the Township of Wellesley, the Province, or privately and used solely for the
preservation and enhancement of the natural environment.
2.44
CONTRACTOR'S YARD OR SHOP shall mean the use of land, buildings or structures
ZONING BY-LAW 28/2006 As Amended
2-8
for the purpose of storing construction, excavation or plant equipment, vehicles, or material
or performing shop work or assembly work by any building trade contractor, provided the
use does not create any obnoxious use as defined by this By-law and is compatible with
adjacent properties.
2.45
CONTRACTOR'S YARD OR SHOP, LIGHT DUTY shall mean the use of land,
buildings or structures for the purpose of storing construction, excavation or plant
equipment, vehicles, material or performing shop work or assembly work by any building
trade contractor, provided the use does not create any obnoxious use as defined by this By-
law and is compatible with adjacent properties which occupies a maximum of six (6) light-
duty vehicles (maximum Gross Vehicle Weight Rating each of 5,443 kg (12,000 lbs)).
2.46
CONVENIENCE PLAZA shall mean a group of not more than four (4) convenience
stores or personal service shops located adjacent to one another under one roof with
separate entrances, all of which front on an improved street or road which provide off-
street parking.
2.47
CONVENIENCE STORE shall mean a retail store supplying groceries and other daily
household necessities to an immediate surrounding residential area.
2.48
COVERAGE shall mean the percentage of the lot area covered by the first storey of all
buildings, including accessory buildings, decks or unenclosed porches on the lot, and
including all projections but exclusive of swimming pools, canopies and overhanging
eaves.
2.49
DAY CARE CENTRE means a premises that receives more than five children who are
not of common parentage, primarily for the purpose of providing temporary care and
guidance, for a continuous period, not exceeding 24 hours, when the children are:
a)
Under 18 years of age in the case of a day nursery for children with a
developmental handicap; and
b)
Under 10 years of age in all other cases.
2.50
DAY CARE - PRIVATE HOME means the temporary care for reward or compensation
of five (5) children or less who are under ten (10) years of age where such care is provided
in a private residence, other than the home of a parent or guardian of any such child, for a
continuous period not exceeding twenty-four (24) hours.
2.51
DEAD STOCK REMOVAL FACILITY shall mean a building, structure or lot, or part
thereof, where any animals are brought for the purposes of destroying such animals, and
also includes any processing, handling, or storage of such animals for any period of time,
but shall not include an abattoir or rendering plant.
2.52
DECK Shall mean a structure that is not fully enclosed (i.e. may have a roof but no walls,
except for a supporting beam/post), accessory to a residence, used as an outdoor amenity
area.
2.53
DERELICT MOTOR VEHICLE shall mean a vehicle which is unlicensed and/or a
vehicle which is in disrepair, has missing parts, including tires, or damaged or missing
glass, or deteriorated or removed metal adjunctions which make its normal use impossible.
ZONING BY-LAW 28/2006 As Amended
2-9
2.54
DOCK shall mean a structure on land or in the water to be used for transferring goods or
passengers to or from a boat or airplane.
2.55
DRIVE-THROUGH shall mean the use of land, buildings or structures, or parts thereof,
to provide or dispense products or services through an attendant or a window or an
automated machine, to persons remaining in motorized vehicles that are in a designated
stacking lane. A drive through facility may be in combination with other uses. A drive-
through facility does not include vehicle repair facility, a gas bar or a car-washing
establishment.
2.56
DRIVEWAY shall mean a private passageway for a motor vehicle, having at least one end
thereof connected to a road or lane, and providing the principal means of vehicular access
to a lot.
2.57
DRIVEWAY DAYLIGHT TRIANGLE shall mean the triangular area formed by
measuring 4.0m along the driveway edge at the property street line and 4.0m along the
front property street line.
2.58
DRY CLEANING ESTABLISHMENT shall mean a building where dry cleaning, dry
dyeing, cleaning or pressing of articles of clothing is carried on, and
(i)
in which only non-inflammable solvents are or can be used which emit no odours
or fumes; and
(ii)
in which no noise or vibration causes a nuisance or inconvenience within or
without the premises
2.59
DWELLING shall mean a building, occupied or capable of being occupied exclusively as
a home, residence or sleeping place by one or more persons, but shall not include hotels,
boarding houses, rooming houses, motels, institutions, group homes, crisis housing.
2.60
DWELLING, APARTMENT shall mean a dwelling, consisting of four or more dwelling
units which units have a common entrance from the street level and the occupants of which
have the right to use, in common, halls and/or stairs and/or elevators and yards.
2.61
DWELLING, CLUSTER TOWNHOUSE shall mean a building containing three (3) or
more attached single units with a common masonry wall dividing the two dwelling units
vertically, each of which has an independent entrance at grade, with a private internal traffic
circulation system providing access from a public street.
2.62
DWELLING, CONVERTED shall mean a dwelling originally designed as a single-
detached dwelling unit, which is expanded or converted, by partition and the addition of
sanitary facilities and cooking facilities and which contains non lockable internal openings
or doors with satisfactory internal connectivity between such units and aesthetically appear
as part of the existing unit.
2.63
DWELLING, DUPLEX shall mean a building that is divided horizontally into two (2)
dwelling units each of which has an independent entrance either directly or through a
common vestibule.
2.64
DWELLING, FARM shall mean a dwelling used as the primary residence for an active
ZONING BY-LAW 28/2006 As Amended
2-10
and operating farm or a dwelling used for a full-time farm employee of an active farm on
which the dwelling is located.
2.65
DWELLING, FOURPLEX means a dwelling unit in a building that is divided
horizontally or is divided horizontally and vertically into four dwelling units, each of which
has an independent entrance to the outside or through a common vestibule or a combination
of both. A dwelling in any other type of building is not a fourplex dwelling.
2.66
DWELLING, MAISONETTE shall mean a building designed to contain more than three
(3) dwelling units each having an entrance from a common hallway or stairway inside the
building and a separate outside entrance.
2.67
DWELLING, MODULAR shall mean a house that is intended for residential purposes
and that is constructed by assembling manufactured modular units each of which
comprises at least one room or living area, has been manufactured to comply with the
A277 series of standards prescribed by the Canadian Standards Association, and bears the
seal of that Association attesting to such compliance. For the purposes of this By-law, a
modular dwelling shall be mounted on a suitable foundation or piers to the satisfaction of
the Township Chief Building Official. When used as an addition to an existing dwelling
unit, it is intended to have non lockable internal openings or doors with satisfactory
internal connectivity and aesthetically appear as part of the existing unit.
2.68
DWELLING, SEASONAL shall mean a seasonal residential building or structure used
or intended to be used for recreational rest or relaxation throughout the year, but not used
or intended to be used as a primary residence and/or permanent dwelling for more than
50% of any calendar year.
2.69
DWELLING, SEMI-DETACHED shall mean a building that is divided vertically into
two (2) dwelling units each of which has an independent entrance either directly or through
a common vestibule.
2.70
DWELLING, SINGLE-DETACHED shall mean a completely detached, freestanding
dwelling unit, but does not include a mobile home.
2.71
DWELLING, STACKED TOWNHOUSE shall mean a townhouse dwelling with
dwelling units also divided horizontally, each of which has an independent access form the
outside ground level or through a common entrance hall.
2.72
DWELLING, STREET TOWNHOUSE shall mean a building containing three (3) or
more attached single units with a common masonry wall dividing the two dwelling units
vertically, each of which has an independent entrance at grade, and has legal frontage on a
public right-of-way.
2.73
DWELLING, TRIPLEX means a dwelling unit in a building that is divided horizontally
or is divided horizontally and vertically into three dwelling units, each of which has an
independent entrance to the outside or through a common vestibule or a combination of
both. A dwelling in any other type of building is not a triplex dwelling.
2.74
DWELLING UNIT shall mean one or more habitable rooms occupied or capable of being
occupied as an independent and separate housekeeping establishment in which separate
kitchen and sanitary facilities are provided for the use of such occupants, with a private
ZONING BY-LAW 28/2006 As Amended
2-11
entrance from outside the building or from a common hallway or stairway inside the
building.
2.75
DWELLING UNIT (ATTACHED), ADDITIONAL shall mean self-contained
residential units with a private kitchen, bathroom facilities and sleeping areas located
within a single detached, semi-detached or townhouse dwelling.
2.76
DWELLING UNIT (DETACHED), ADDITIONAL shall mean a building where a self-
contained dwelling unit is separate, subordinate in size and accessory to the principal
dwelling unit. The unit may be a free-standing structure, or may be located attached to or
above a detached accessory structure.
2.77
DWELLING UNIT, BACHELOR shall mean a dwelling unit consisting of one (1)
bathroom and not more than one (1) habitable room, providing therein living, dining,
sleeping, and kitchen accommodation.
2.78
EFFECTIVE DATE shall mean the date that this By-law shall be deemed to come into
full force and effect upon the issuance of a formal order pursuant to Section 34(21) of the
Planning Act, as amended and revised from time to time.
2.79
ERECT shall include build, construct, reconstruct, alter and relocate and, not to limit the
generality of the foregoing, shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling or draining, structurally altering any
existing building or structure by an addition, deletion, enlargement or extension.
2.80
EXISTING shall mean legally existing as of the date of the passing of this By-law.
2.81
FARM shall mean a parcel of land used for agricultural purposes.
2.82
FARM EQUIPMENT SALES AND SERVICE shall mean the use of land, buildings,
or structures, or portions thereof, where farm vehicles and equipment are stored for the
purposes of sale, lease, or hire and where such vehicles and equipment are repaired or
serviced for purposes of being maintained in an operable condition.
2.83
FARM PRODUCE OUTLET shall mean the use of land, buildings or structures for the
purpose of selling agricultural products (not including manufactured dry products)
produced in the area in which the subject property is located. A farm produce outlet shall
have a maximum floor area and outdoor product display area of 140 m2.
2.84
FARMER shall mean an individual, family, association or corporation engaged in a
farming business as that term is defined in Section 1 of the Farm Registration and Farm
Organizations Funding Act, namely a farming business within the meaning of Section 28
of the Income Tax Act, and is eligible to be taxed at twenty five percent (25%) of the
municipal residential rate as set out by the Provincial Farmland Property Taxation
Program namely:
2.85
the property is assessed as farmland through the Municipal Property Assessment
Corporation;
2.86
the property is part of a farming business that generates more than seven thousand dollars
($7000) in annual gross farm income;
ZONING BY-LAW 28/2006 As Amended
2-12
2.87
the farm business operating on the property has a valid farm business registration
number;
2.88
the property is owned by a Canadian citizen or a permanent resident of Canada.
2.89
FEED MILL shall mean a building or structure used for the purpose of processing food
for animals, and which may include a retail operation for the sale of such products.
2.90
FERTILIZER PLANT shall mean the use of land, buildings, and structures, or portions
thereof, where natural and synthetic materials are processed for the purpose of producing
materials to increase soil fertility, and which may include the retail sale of such products,
but does not include a commercial or industrial composting operation.
2.91
FINANCIAL INSTITUTIONS shall mean an establishment that provides money
management services directly to the public, including a bank, trust company, credit
union, securities dealer, finance companies and stockbrokers, but not including the
offices or administrative offices, which shall be considered to be offices for the purposes
of this By-law.
2.92
FLOOD AND EROSION CONTROL shall mean any lands, buildings or structures,
and any appurtenances to such, operated and/or maintained by a public authority, and
used for the purpose of regulating water levels and protecting adjacent lands on both
natural and man-made bodies of water.
2.93
FLOOR AREA shall mean the sum of the areas of all floors of a building measured from
the outside of all exterior walls exclusive of any attic, basement, cellar, garage, breezeway,
heating laundry facilities, mechanical equipment, veranda, porch or sunroom unless such
enclosed porch or sunroom is an integral part of the building and habitable in all seasons,
and excluding any floor area with a ceiling height of less than two (2.0) metres.
2.94
FLOOR AREA, COMMERCIAL shall mean the sum of the areas of all floors of a
building or part thereof used for commercial purposes measured between the internal faces
of the exterior walls, excluding a generator room and mezzanines that do not have
permanent accesses.
2.95
FLOOR AREA, GROUND shall mean that area of a lot covered or intended to be covered
by the floor area of a building as defined by "Floor Area".
2.96
FOOD PROCESSING PLANT shall mean a building, or part thereof, other than a
restaurant or refreshment room in which agricultural products are packed, frozen, prepared,
processed, preserved, graded or stored for eventual human consumption, and includes a
cannery, a flour mill, a dairy, a bakery, or an egg grading station, but does not include an
abattoir or any premises used for the slaughtering of animals or the boiling of blood, tripe
or bones.
2.97
FOOD CART means a cart, bicycle or tricycle which is propelled by muscular power and
moved from place to place and is equipped with cooking or barbeque grills on which to
prepare hot food and which food stuff, including ice cream products are sold or offered for
sale to the public.
2.98
FOOD TRUCK means a vehicle, or trailer in good repair and appearance, either mounted
on blocks or supported by a conventional wheel, tire, and axle system (with or without a
ZONING BY-LAW 28/2006 As Amended
2-13
bottom skirt) and from which food and refreshments are prepared or appointed and sold to
the public.
2.99
FORESTRY USE shall mean the general raising and harvesting of wood and without
limiting the generality of the foregoing includes the raising and cutting of fuel wood, pulp
wood, lumber, Christmas trees, and other forest products.
2.100
FUNERAL HOME shall mean a building where preparation of the dead human body for
interment or cremation is undertaken.
2.101
GAME FARM shall mean any lands, buildings, or structures where wild animals, birds,
waterfowl or fish are kept for the purpose of hunting for food or for sport.
2.102
GARDEN SUITE shall mean a one-unit detached residential dwelling containing
bathroom and kitchen facilities that is ancillary to an existing single detached residential
dwelling and is designed to be portable and excludes a travel trailer as defined herein.
2.103
GARDEN SUPPLY CENTRE shall mean the use of lands, buildings or structures for
the purpose of buying, selling and raising of all plants, shrubs and trees and includes the
storage and sale of accessory products generally used for landscaping and gardening
purposes including fertilizers, gardening equipment, furnishings and other similar
products not raised or grown on the premises.
2.104
GARAGE, PRIVATE or CARPORT shall mean a building or portion of a building
designed for the storage of not more than three (3) private motor vehicles and the storage
of household equipment incidental to residential occupancy, wherein no service for profit
is rendered; and where such structure is within two (2.0) metres of the main building, it
shall be deemed to be part of the main building and not an accessory building.
2.105
GARAGE, PUBLIC shall mean a building or structure other than a private garage where
motor vehicles are kept or stored for remuneration or repair, including the complete repair
to motor vehicle bodies, frames, or motors, and the painting, upholstering, washing, and
cleaning of such vehicles, and may include an automobile service station.
2.106
GAS shall mean natural gas, manufactured gas, propane-arc gas, or any mixture of any of
them.
2.107
GAS BAR shall mean a lot containing gasoline, diesel fuel or propane dispensing devices
and a structure used for the sale of fuel and lubricants for vehicles.
2.108
GOLF COURSE shall mean a public or private area operated for the purpose of playing
golf including a par three golf course, driving range, putting green, miniature golf course,
or combination thereof.
2.109
GRADE LEVEL shall mean the average elevation of the finished grade of the ground
immediately surrounding such building or structure and is determined by averaging (6) six
grade elevations equally spaced apart along the exterior walls of the building, and when
used with reference to a highway, street or road mean the elevation of the highway, street
or road established by the Municipality or other designated authority.
2.110
GRAIN HANDLING AND STORAGE FACILITIES shall mean buildings and
structures used for the purpose of drying, processing, storage, and/or wholesale trade of
ZONING BY-LAW 28/2006 As Amended
2-14
harvested agricultural grains.
2.111
GREENHOUSE, AGRICULTURAL shall mean any building or structure in an
agricultural zone where fruits, vegetables, flowers, and plants are produced by controlled
temperature and/or humidity for the purpose of personal/agricultural use. Sale of products
grown on the property are permitted subject to the provisions of this by-law. Garden
centres or retail sale of products not raised or grown on the premises is prohibited.
2.112
GREENHOUSE, COMMERCIAL shall mean any building or structure where fruits,
vegetables, flowers, trees, and shrubs by controlled temperature and/or humidity for the
purpose of selling such products and a variety of non-plant accessory items or value-
added agricultural products, which may include a garden centre as a commercial
accessory use.
2.113
GREENHOUSE, RESIDENTIAL shall mean any building or structure in a residential
zone where fruits, vegetables, flowers, trees, shrubs, all plants that could be grown in a
nursery and horticultural crops of all kinds are produced by controlled temperature and/or
humidity for the purpose of personal/domestic use. Retail sales of products raised or grown
on the premises shall be prohibited.
2.114
GROUP HOME means a single-detached residential dwelling, which three to six residents
(excluding staff or receiving family) live as a single housekeeping unit under responsible
supervision consistent with the requirements of its residents. The home shall be licensed,
approved, or funded under federal or provincial statute and is in compliance with municipal
By-laws.
2.115
GROUPED HOUSING shall include two (2) or more separate dwelling units which may
be comprised of but not limited to: semi-detached dwelling, duplex, triplex, double duplex,
converted dwelling, or townhouse, rowhouse, maisonette dwelling, and/or an apartment
dwelling located on the same lot, which lot may or may not be retained under one
ownership.
2.116
HABITABLE ROOM shall mean any room used or intended for human habitation except
a cellar, bathroom, hallway, stairwell, laundry or storage room.
2.117
HAZARD LAND shall mean land which exhibits, or potentially exhibits, a hazardous
condition as a result of its susceptibility to flooding, erosion, subsidence, inundation, or the
presence of organic soils or steep slopes, where the cost of construction of satisfactory
waterworks, sewage or drainage facilities is prohibitive.
2.118
HEIGHT when used with reference to a building or structure shall mean the vertical
distance between the horizontal plane from grade level through:
a)
The highest point of the roof assembly in the case of a building with a flat roof or
a deck roof;
b)
The average level of a one-slope roof, between the ridge and the eaves, provided
that a roof having a slope of less than twenty (20) degrees with the horizontal shall
be considered a flat roof;
c)
The average level between eaves and ridges in the case of a roof type not covered
in sub-sections a) and b);
ZONING BY-LAW 28/2006 As Amended
2-15
d)
From the lowest finished grade elevation to the highest point of the roof assembly
in the case of any building within the Paradise Lake Residential (PLR) Zone; and
e)
In the case of an accessory building or additional detached dwelling unit in any
SR, UR or UR2 zone, the building height is measured from average grade level to
the peak of the roof.
f)
Chimneys, towers, spires, cupolas, grain elevators or that portion of the structure
designed to house mechanical equipment or other similar structures shall be
disregarded in calculating the height of a building.
g)
60% of the vertical distance to the highest point of a building or structure where
the transition between wall and roof is undefined, such as in a quonset hut or
inflatable structure
2.119
HOME-BASED FOOD BUSINESS Shall mean the preparation of low-risk foods that are
considered non-hazardous and do not require temperature control and does not produce
any grease-laden vapors through frying or boiling of product. Direct sales via telephone,
internet, or mail order are permitted, but direct retail sales from the residence are
prohibited.
2.120
HOME OCCUPATION shall mean an occupation for gain or support conducted entirely
within a dwelling as a secondary use and only by persons residing on the premises,
including a private home day care.
2.121
HOSPITAL shall mean a hospital as defined by the Private Hospitals Act, and a
sanatorium as defined by the Private Sanatorial Act, and a hospital as defined by the
Public Hospitals Act.
2.122
HOTEL shall mean any hotel, tavern, inn, lounge, or public house in one main building or
in two or more buildings used mainly for the purposes of catering to the needs of the
traveling public by supplying food and furnishing sleeping accommodation of not less than
six (6) guest rooms, which guest rooms contain no provisions for cooking, and shall include
all such buildings operating under the Liquor License Act, and the Tourist Establishments
Act, as amended from time to time.
2.123
HOUSEHOLD PET shall mean any form of animal such as pets raised or housed for
recreational or hobby purposes which could normally be purchased in a pet store, which
would normally spend all or part of its life within a dwelling unit, which is owned by a
resident of the dwelling unit and which is not kept for profit or gain.
2.124
INDUSTRIAL USE, DRY Shall mean any industry in which water is not required in the
processing, assembly, fabricating or manufacturing functions of the business and which
requires water and sewage disposal facilities for domestic use of employees and visitors
only.
2.125
INDUSTRIAL USE, LIGHT/DRY shall mean the light manufacturing, assembly or
processing of component parts to produce finished products suitable for retail or service
trade but does not include food, beverage, tobacco, rubber, leather, textiles and knitting,
wood, printing, metal fabrication or similar industries if these operations involve stamping
presses or the emission of any air, noise or water pollution, that can be smelled, heard or
otherwise perceived outside of the building used for such purposes.
ZONING BY-LAW 28/2006 As Amended
2-16
2.126
INDUSTRIAL USE, URBAN shall mean any serviced use including the manufacturing,
assembly, processing, repair, storage, distribution or transportation operation of component
parts to produce finished products suitable for retail or service trade including the storage
of building and construction equipment and materials provided the use does not create any
obnoxious use as defined by this By-law and is compatible with adjacent properties, but
does not include food, beverage, tobacco, rubber, leather, textiles and knitting, wood,
printing, metal fabricating or similar industries if these operations involve stamping
presses, furnaces, machinery, or the emission of any air, noise or water pollution, that can
be smelled, heard or otherwise perceived outside of the building used for such purposes.
2.127
INSTITUTIONAL USE shall mean the use of land, buildings or other structures for a
public or social purpose but not for commercial purposes. These uses may include
governmental, religious, educational, charitable, philanthropic, or other similar non-
commercial uses and notwithstanding the generality of the foregoing institutional uses may
include: schools, museums, churches, municipal offices and hospitals.
2.128
LANDING shall mean an uncovered platform located at the entrance doorway of a
dwelling unit, with or without a foundation.
2.129
LANDSCAPED AREA shall mean an area not built upon and not used for any purpose
other than as a landscaped area which may include grass, shrubs, flowers, trees and similar
types of vegetation and appurtenances, but does not include parking areas, parking lots,
driveways or ramps.
2.130
LANE or ALLEY shall mean a public thoroughfare which affords a means of access to
abutting lots but which is not intended for general traffic circulation.
2.131
LAUNDRY ESTABLISHMENT shall mean a building, or part thereof, in which the
business of a laundry is conducted on the ground floor, in which only water and detergent
are used, and the drying, ironing, and finishing of such goods are conducted, which emits
no odours, fumes, noise or vibration causing a nuisance or inconvenience within or outside
the premises. A laundry establishment may include a self-service, coin operated
laundromat.
2.132
LIBRARY shall mean a building, or part thereof, used for the public display and lending
of books, and other reading and audio visual materials to the public, which is operated by
a public authority.
2.133
LIVESTOCK shall mean animals kept for use, for propagation, or intended for profit and
includes; but not limited to, dairy and beef cattle, horses, swine, sheep, poultry, bison,
camelids, deer, elk, game birds, goats, rabbits, ratites, fur-bearing animals and aquatic
species, but excluding domestic pets and service animals.
2.134
LIVESTOCK ASSEMBLY Shall mean the collection and temporary housing of livestock
for the purpose of wholesale trade.
2.135
LIVESTOCK SALES BARNS AND MARKETING YARDS shall mean the lands,
buildings, and structures where livestock and agricultural produce is stored temporarily
for the purpose of wholesale trade, and may include the offices of such personnel
employed on the premises.
ZONING BY-LAW 28/2006 As Amended
2-17
2.136
LOADING SPACE shall mean a space or bay located on a lot which is used or intended
to be used for the temporary parking of any commercial vehicle while loading or unloading
goods, merchandise, or materials used in connection with the main use of the lot or any
building thereon, and which has an unobstructed access to a street or lane.
2.137
LOT shall mean a parcel of land that can be legally conveyed in accordance with the
Planning Act.
2.138
LOT AREA shall mean the total horizontal area within the lot lines of a lot, except in the
case of a corner lot having street lines rounding at the corner with a radius of six (6.0)
metres , or less, where the lot area of such lot shall be calculated as if the lot lines where
projected to the point of intersection.
2.139
LOT AREA, BUILDABLE shall mean the lot area as defined in this By-law, but not
including any lands determined to be undevelopable due to the presence of legally defined
physical and/or environmental constraints.
2.140
LOT, CORNER shall mean a lot situated at the intersection of and abutting upon two (2)
streets at least ten (10) metres in width (and any private lane regardless of width on
Schedule "J" - Paradise Lake), and where such streets are curved, or, in the case of a
singular street with a curve of not more than 135 degrees, the angle of intersection of the
tangents to the street lines, drawn through the extremities of the interior lot lines provided
that:
a)
In the latter case, the corner of the lot shall be deemed to be that point on the street
line nearest to the point of intersection of the said tangents; and
b)
Any portion of a corner lot distant more than thirty (30) metres from the corner,
measured along the street line shall be deemed to be an interior lot.
2.141
LOT DEPTH shall mean the horizontal distance between the front and rear lot lines. If
these lines are not parallel, it shall be the length of a line joining the mid-points of the front
and rear lot lines. When there is no rear lot line, lot depth means the length of a straight
line joining the middle of the front lot line with the apex of the triangle formed by the side
lot lines.
2.142
LOT FRONTAGE shall mean the horizontal distance between the side lot lines of a lot
measured at right angles, but where such lot lines are not parallel, the lot frontage shall be
measured perpendicularly to the line joining the centre of the front and the centre of the
rear lot lines at the distance specified in the By-Law for the minimum front yard.
2.143
LOT, INTERIOR shall mean a lot other than a corner lot.
2.144
LOT LINES shall mean the boundary lines of a lot defined as follows:
a)
Front Lot Line shall mean, except in the case of a corner lot, the line dividing the
lot from the street (or a private right-of-way on Schedule "J" - Paradise Lake); in
the case of a corner lot the shorter boundary line abutting the street shall be deemed
the front lot line and the longer boundary line abutting the street shall be deemed
the side lot line, in case each of such lot lines should be of equal length, the front
lot line shall be deemed to be the front lot line as established in the block by prior
construction. In the case of a through lot, the shorter boundary dividing the lot
ZONING BY-LAW 28/2006 As Amended
2-18
from the street shall be deemed to be the front lot line and the opposite longer
boundary shall be deemed to the rear lot line. In case each of such lot lines should
be of equal length, the front lot line shall be deemed to be the front lot line as
established in the block by prior construction.
b)
Rear Lot Line shall mean the lot line farthest from or opposite to the front lot line.
c)
Side Lot Line shall mean a lot line other than a front or rear lot line.
d)
Lake Line shall mean the lot line closest to or adjacent to the navigable waterway.
Such line shall be determined by joining the points of intersection of the side lot
lines and the high water mark or the landward side of the shoreline reserve.
2.145
LOT, THROUGH shall mean a lot bounded on two opposite sides by streets. Provided,
however, that if any lot qualifies as being a corner lot and a through lot as hereinbefore
defined, such lot shall be conclusively deemed to be a corner lot.
2.146
LUMBER (BUILDING MATERIALS) YARD shall mean the use of land, buildings,
and/or structures for the purposes of milling, storage, and wholesale sales of a broad range
of building materials and tools, which may include a retail operation.
2.147
MAIN BUILDING shall mean the building designed or used for the principal use on the
lot.
2.148
MAIN USE shall mean the predominant purpose for which any land, buildings, structures,
premises or part thereof is designed, used or maintained.
2.149
MAIN WALL shall mean the exterior front, side, or rear wall of a building, and all
structural members essential to the support of a fully enclosed space or roof.
2.150
MANURE STORAGE AREA shall mean land, buildings or structures used for the
storage of manure generated by livestock.
2.151
MARKET GARDEN OPERATIONS shall mean the use of land, buildings, or structures
for the purpose of selling fruits, vegetables and flowers, and which may include a retail
component as a commercial accessory use.
2.152
MEAT PACKING OPERATION shall mean any land, building, structure, or part thereof
used for the processing of meat, poultry, and fish products.
2.153
METAL FABRICATION shall mean the creation of metal products, including but not
limited to tools, machinery parts and decorative pieces, and may involve cutting, bending,
welding, stamping and/or assembling.
2.154
MINI-STORAGE FACILITY means a building containing separate, individual self-
storage units divided from floor to ceiling by a wall with an independent entrance from
the exterior of the building, designed to be rented or leased on a short-term basis to the
general public for private storage of personal goods, materials and equipment; but shall
not include the storage of hazardous chemicals, flammable substances or toxic materials.
2.155
MINIMUM DISTANCE SEPARATION shall mean the tool used to determine
recommended distances between a livestock facility and another land use, and such
distances shall be determined by the publications known as MINIMUM DISTANCE
ZONING BY-LAW 28/2006 As Amended
2-19
SEPARATION I and MINIMUM DISTANCE SEPARATION II developed by the Ontario
Ministry of Agriculture, Food and Rural Affairs, as amended from time to time.
a)
Minimum Distance Separation I shall mean the minimum distance separation for
new development from existing livestock facilities.
b)
Minimum Distance Separation II refers to the minimum distance separation for
new or expanding livestock facilities from existing or approved development.
2.156
MOBILE HOME shall mean a building or structure designed to be transported after
fabrication, either on its own wheels, on a flatbed, on a separate trailer, or on detachable
wheels, and which is suitable for occupancy as a dwelling unit except for minor and
incidental unpacking and assembly operations, and placement on a mobile home stand,
and connection to utilities if available, and which may have an individual sewage holding
reservoir, or be capable of connection to a communal or public sewage disposal system,
but shall not include a modular home. It shall be manufactured to comply with the A277
series of standards prescribed by the Canadian Standards Association, and bears the seal
of that Association attesting to such compliance.
2.157
MOBILE HOME LOT shall mean a parcel of land which is described in a deed or other
document legally capable of conveying land, or a parcel of land which is shown as a lot
or block on a registered plan of subdivision and which is intended for the placement of a
mobile home.
2.158
MOBILE HOME, DOUBLE WIDE shall mean a mobile home dwelling unit consisting
of two (2) integral sections, separately moveable, but designed to be joined together into
one integral unit. It shall be manufactured to comply with the A277 series of standards
prescribed by the Canadian Standards Association, and bears the seal of that Association
attesting to such compliance. For the purposes of this By-law, a double-wide mobile
home shall be mounted on a suitable foundation or piers to the satisfaction of the
Township Chief Building Official. When used as an addition to an existing dwelling unit,
it is intended to have satisfactory internal connectivity and aesthetically appear as part of
the existing unit.
2.159
MOBILE HOME PARK shall mean a lot or portion thereof used for the siting of
mobile homes and/or park model trailers and includes those uses, buildings and structures
accessory to the operation of the park and the needs of park residents.
2.160
MOTEL shall mean one building, or two (2) or more detached buildings for the purpose
of catering to the needs of the traveling public by furnishing sleeping accommodation
with or without supplying food and shall include a motor court, auto court, and all such
buildings operating under the Liquor License Act, and the Tourist Establishments Act.
2.161
MOTOR HOME shall mean a structure built on and made an integral part of a self-
propelled motor vehicle chassis other than a passenger automobile chassis, primarily
designed to provide temporary living quarters for recreation camping and travel use.
2.162
MOTOR VEHICLE shall mean a wheeled self-propelling vehicle for the transportation
of passengers and goods and without limiting the generality of the foregoing includes
automobiles, trucks, buses, ambulances, hearses, motor homes and tractors.
2.163
MOTOR VEHICLE BODY SHOP shall mean a building or structure where motor
ZONING BY-LAW 28/2006 As Amended
2-20
vehicles are kept for repair including the complete repair to vehicle bodies, frames,
chassis, or motors and the painting, upholstering, glass replacement and cleaning of such
vehicles.
2.164
MOTOR VEHICLE SALES ESTABLISHMENT shall mean a parking lot, building or
lot where motor vehicles are hired, kept or used for hire, or where such vehicles and
accessories are stored or kept for sale, and where motor vehicles may be oiled, greased or
washed, or have their ignition adjusted, tires inflated or batteries charged or where repairs
essential to the actual operation of motor vehicles are executed or performed.
2.165
MOTOR VEHICLE SERVICE STATION shall mean a building or part of a building
on a clearly defined space or a lot used for the retail sale of automobile accessories, and
where only the servicing and minor repairs essential to the operation of motor vehicles
are executed or performed. It may also include the washing of motor vehicles.
2.166
MOTOR VEHICLE WRECKING ESTABLISHMENT shall mean a building and/or
lot used for the wrecking or dismantling of motor vehicles and for the storage and sale of
scrap material, salvage and parts obtained there from, but shall not include any other
automotive use defined in this By-law.
2.167
MUNICIPAL DRAIN shall mean drainage works as defined by the Ontario Drainage
Act, as amended and revised from time to time.
2.168
NON-AGRICULTURAL when used with reference to a building, structure, or use shall
mean designed, intended or used for purposes other than those of an agricultural use.
2.169
NON-COMPLYING shall mean a building or structure which does not comply or agree
with the regulations of this By-law as of the date of passing thereof, but does not include
a non-conforming use, building, or structure.
2.170
NON-CONFORMING shall mean a use, building or structure, which is not a use,
building or structure permitted in the zone in which the said use, building or structure is
situated.
2.171
NON-RESIDENTIAL when used with reference to a building, structure or use, shall
mean designed, intended or used for purposes other than those of a dwelling.
2.172
NURSING HOME or REST HOME shall mean a building in which the proprietor
supplies for hire or gain lodging with or without meals, and, in addition, provides
nursing, medical or similar care and treatment, if required, and shall include a rest home
or convalescent home.
2.173
OCCUPANCY shall mean to reside in as owner or tenant on a permanent or temporary
basis.
2.174
OFFICE, GENERAL shall mean any building or part of a building in which one or
more persons are employed in the management, direction or conducting of an agency,
business, labour or fraternal organization, but exclude such uses as retail sale,
manufacture, assembly or storage of goods, or places of assembly and amusement.
2.175
OFFICE, PROFESSIONAL shall mean any office used by professionally qualified
persons, for the purposes of giving advice, consultation or treatment to clients or patients.
ZONING BY-LAW 28/2006 As Amended
2-21
2.176
ON-FARM DIVERSIFIED USE Shall mean a use that is secondary to the principal
agricultural use of the property and are limited in area. On-farm diversified uses include,
but are not limited to home occupations, home industries, agri-tourism uses and uses that
produce value-added agricultural products.
2.177
OIL shall mean crude oil, and includes any hydrocarbon that can be recovered in liquid
form from a pool through a well.
2.178
OPEN SPACE shall mean an unoccupied space open to the sky except such land as is
used or required for parking purposes by this By-law, and shall include recreational
facilities, landscaped areas, patios, walkways, and residential driveways.
2.179
OPEN STORAGE shall mean the storage of goods, merchandise or equipment in the
open air.
2.180
OWNER shall mean the person who holds legal title to a piece of property.
2.181
PARK, PRIVATE, shall mean an area of open land, not open to the general public and
which may be operated for commercial gain.
2.182
PARK, PUBLIC shall mean an area of open land, maintained or owned by the Township
or a public authority for the enjoyment, health and well being of the public and normally
open to the public.
2.183
PARKING LOT shall mean an area provided for the temporary parking of two or more
motor vehicles and may include aisles, parking spaces and related entrance and exit lanes,
but shall not include any part of a public street.
2.184
PARKING SPACE shall mean an area enclosed in a principal building, in an accessory
building, or unenclosed, having an area of not less than 16.2 m² and measuring 2.7 metres
by 6 metres, exclusive of aisles or driveways and accessible to a street or lane and set
aside for the purpose of the temporary parking or storage of a motor vehicle.
2.185
PERMITTED shall mean permitted by this By-law.
2.186
PERSON shall include an individual, an association, a firm, a partnership, an
incorporated company, Municipal Corporation, agent or trustee and their heirs, executors,
or other legal representatives of a person to whom the context of this By-law can apply
according to law.
2.187
PERSONAL SERVICE SHOP shall mean a building, or part thereof, in which persons
are employed in furnishing services and otherwise administering to the individual and
personal needs of persons, comprising the premises of such as for example a barber,
hairdresser, beautician, tailor, dressmaker and/or shoemaker. The sale of merchandise
shall be permitted only as an accessory use to the personal service provided.
2.188
PIT shall mean any opening, quarrying, or excavation of or in the ground, licensed under
the Aggregate Resources Act, as amended, for the purpose of removing rock, sand,
gravel, earth, clay, or limestone, and may include the processing thereof such as
screening, sorting, washing, crushing, and other similar operations.
2.189
PITS AND QUARRIES, WAYSIDE shall mean a temporary pit or quarry opened and
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used by a public road authority on the basis of a permit issued pursuant to the Aggregate
Resources Act, as amended, solely for the purpose of a particular project or road
construction contract and not located on the road right-of-way.
2.190
PLANTING STRIP see BUFFER STRIP.
2.191
PORCH shall mean a roofed, open gallery, or portico attached to the exterior of a
building.
2.192
PORTABLE ASPHALT PLANT shall mean a facility with equipment designed to heat
and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt
paving material, and includes stockpiling and storage of bulk materials used in the
process, and which is not of permanent construction, but which is to be dismantled at the
completion of the construction project.
2.193
POST OFFICE shall mean a building, or part thereof where communications and postal
services are provided to both businesses and the public such as fax machines, mailboxes,
Internet links, and/or package shipping and receiving.
2.194
PREFABRICATED RESIDENTIAL DWELLING means a building which is capable
of being occupied exclusively as a residential dwelling and which is comprised of
components that are manufactured off-site, modular in nature, transported to the building
site and constructed on a lot. For the purposes of this By-law, a pre-fabricated residential
dwelling is not designed nor intended to be made mobile and does not include a single-
wide mobile home or park model trailer.
2.195
PUBLIC AUTHORITY shall mean any school board, public utility commission,
transportation commission, public library board, board of parks management, board of
health, board of commissioners of police, planning boards or commission or committee
of local authority established or exercising any power or authority under any general or
special statute of Ontario including the Federal Government of Canada, Provincial
Government of Ontario, Regional Municipality of Waterloo, with respect to any of the
affairs or purposes of a township or a portion thereof, and includes any committee or
local authority established by By-law of the Council of the Township.
2.196
PUBLIC LANE means a public thoroughfare which affords only a secondary means of
access to abutting lots and which is not intended for general traffic circulation.
2.197
PUBLIC SERVICES shall mean the buildings, structures and other related works
necessary for supplying water, gas, oil, electricity, steam, hot water, telephone services,
telecommunication services, sewage collection and treatment facilities and other services
provided by a public authority.
2.198
PUBLIC UTILITY FACILITIES shall mean the use of land, buildings, or structures by
a public authority in connection with the supply and distribution of utilities and, without
limiting the generality of the foregoing, may include a water or sewage pumping station,
a water storage reservoir, a sewage treatment plant, an electric power transformer station,
a telephone repeater station, a communications tower, but excludes a waste disposal site
or transmission utility corridor.
2.199
PUBLISHING AND PRINTING ESTABLISHMENT shall mean a building, or part
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thereof used for the purpose of printing, lithographing, or publishing, and which may
include the reproduction of visual copy by blueprinting, photocopying, or small offset
process.
2.200
QUARRY shall mean a place where consolidated rock has been or is being removed by
means of an open excavation, and includes the processing thereof for commercial
purposes including screening, sorting, washing, crushing, and other similar operations,
including required buildings and structures.
2.201
RAMP a sloping roadway leading away from one level to another.
2.202
RECREATIONAL FACILITIES shall mean a building or portion thereof designed and
intended to accommodate one or more leisure or sporting activities and shall include an
arena, aquatic centre, tennis, squash and racquetball courts, dance studios and fitness
centres.
2.203
RECREATIONAL USE, ACTIVE shall mean the use of land, water and/or building for
the purpose of organized active leisure activities and shall include an arena, a golf course
and a sports field, and motorized vehicle trails.
2.204
RECREATIONAL USE, PASSIVE shall mean the use of land and/or water for the
purpose of passive leisure activity and shall include a park, a garden, a picnic area and the
like, equestrian and hiking trails, play lots with activity equipment for children, and water
activities including swimming, boating (10hp maximum), fishing and sail boarding.
2.205
REFRESHMENT VEHICLE means any vehicle from which food and refreshments are
for sale or sold for consumption by the public, and includes, without limiting the
generality of the foregoing, a Food Truck, food cart, ice cream bicycle and mobile lunch
truck irrespective of the type of power employed to move the Refreshment Vehicle from
one point to another.
2.206
RENDERING PLANT shall mean a building, or part thereof, where any animals are
reduced, converted, or otherwise processed for the purpose of producing agricultural by-
products, but shall not include an abattoir.
2.207
RESIDENTIAL USE means the use of a building or structure or parts thereof as a
dwelling.
2.208
RESTAURANT shall mean a building or part of a building where food is prepared and
offered or kept for retail sale to the public for consumption either on or off the premises
including an outdoor patio, and includes such uses as a café, cafeteria, tea or lunch room,
dairy bar, coffee shop, snack bar or refreshment room or stand. This definition shall not
include a drive-thru service.
2.209
RESTAURANT, TAKE-OUT shall mean a refreshment vehicle or building or portion
thereof, wherein food is prepared and offered for sale to the public primarily for off-
premises consumption. The definition shall not include a drive-thru service. The
operation of a refreshment vehicle will be subject to the regulations in the Mobile Food
Vending By-law.
2.210
RETAIL STORE shall mean a building or part of a building in which goods, wares,
merchandise, substances, articles or things are offered or kept for retail sale to the public,
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and offices, servicing, manufacturing, repairing, warehousing or storage functions
accessory thereto, but does not include a restaurant.
2.211
RIDING STABLE shall mean an establishment that offers horses for hire or instruction
in horsemanship.
2.212
RIFLE RANGE AND TRAP SHOOTING RANGE OR CLUB shall mean lands,
buildings and structures used for the purpose of discharging firearms or any other
weaponry at a non-living fixed or moving target for the purpose of practice or enjoyment,
but do not include a game farm.
2.213
RIGHT-OF-WAY or EASEMENT shall mean any right, liberty or privilege in, over,
along, or under land, which a person may have with respect to any land in the Township.
2.214
SALVAGE AND WRECKING YARD shall mean:
a)
an outdoor yard; or
b)
a building or buildings with an outdoor yard
with a salvage yard licence issued by the Regional Municipality of Waterloo and where
Salvage is received, collected, sorted, processed, handled, dismantled, crushed, recycled,
demolished, displayed, stored, sold or purchased for commercial gain.
2.215
SANITARY SEWAGE FACILITIES, MUNICIPAL shall mean a publicly-owned and
operated system whereby sanitary sewage is pumped, transported or piped from any or all
buildings in the Township to a central collection station for processing and discharge
pursuant to the regulations of the Ontario Ministry of the Environment.
2.216
SANITARY SEWAGE FACILITIES, PRIVATE shall mean a sewage treatment
facility provided by means of individual septic tank installations on each lot.
2.217
SCHOOL, COMMERCIAL shall mean a service commercial establishment which
provides instruction to one or more persons for profit or gain; and without limiting the
generality of the foregoing, includes a dance school or studio, a school of music, a
driving school, a trade school, a language learning centre or a hairdressing school, but
does not include a public school or a private school.
2.218
SCHOOL, PUBLIC shall mean any school established and maintained by the Waterloo
Region District School Board or the Waterloo Catholic District School Board.
2.219
SCHOOL, PRIVATE shall mean a school, other than a public school, community
college school, university school or a commercial school, under the jurisdiction of a
private board of directors, trustees, or governors, a religious organization or a charitable
institution, used primarily for the instruction of students receiving primary and/or
secondary education.
2.220
SENIOR CITIZEN HOME shall mean a multiple housing unit for the aged where over
fifty (50) percent of the dwelling units are designed, intended and/or used for persons
sixty (60) years of age or over.
2.221
SERVICE SHOP shall mean any building or part thereof where appliances, equipment,
instruments, and machinery are sold, serviced, or repaired and includes building trades
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establishments but excludes any manufacturing, processing, or wholesaling.
2.222
SETBACK shall mean the horizontal distance from the centre line of the street
allowance, measured at right angles to such centre line, to the nearest part of any building
or structure on a lot.
2.223
SETBACK FROM WATER shall mean the horizontal distance between the normal or
controlled high water mark of any navigable waterway and the nearest part of any main
wall of any building or structure.
2.224
SHORT-TERM RENTALS shall mean a dwelling rented to the travelling or
vacationing public, for a period of no more than 27 consecutive days, whether rented
regularly, seasonally, or occasionally. Such uses include bed and breakfast establishments
but exclude hotels and motels.
2.225
SIGN shall mean a name, identification, description, devise, display, or illustration which
is affixed to, or represented directly or indirectly upon a building, structure or lot and
which directs attention to an object, product, place, activity, person, institution,
organization or business.
2.226
STOREY shall mean the portion of the building, other than the basement or cellar, which
lies between the surface of the floor and the surface of the next floor above it, or if there
is no floor above it, then the space between such floor and the ceiling or roof next above
it.
2.227
STOREY, FIRST means that storey of a building or structure closest to grade and
having its ceiling more than 1.83 metres above average finished grade.
2.228
STOREY, HALF shall mean the portion of a building located wholly or partly within a
sloping roof, having side walls not less than 1.0 metre in height and the ceiling with a
minimum height of 2.0 metres over an area equal to a least fifty (50) percent of the area
of the floor next below.
2.229
STREET OR ROAD means a public thoroughfare other than a lane, which is maintained
by a public road authority and which is open and passable during all seasons of the year.
2.230
STREET or ROAD, PRIVATE means a thoroughfare other than a lane which is on
privately owned land and for the purposes of interpreting all other regulations of this by-
law, shall be considered to be a public street or road.
2.231
STREET LINE shall mean the limit of the street allowance and is the dividing line
between a lot and a street including any unopened or unmaintained street allowances
owned by a municipality.
2.232
STRUCTURE shall mean any material, object, or work erected as a unit or constructed
or put together of connected or dependant parts or elements fixed to or supported by the
ground and/or other structure, but does not include a sign, fence, boundary wall, retaining
wall, light standard, underground water reservoir or septic system.
2.233
TAVERN shall mean an establishment operating under the Liquor Licence Act, as
amended from time to time, where alcoholic beverages are sold for consumption on the
premises.
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2.234
TAXI SERVICE ESTABLISHMENT shall mean lands, buildings, and structures used
as a dispatch office or intended for the parking of taxis and/or limousines when not
engaged in transporting persons or goods.
2.235
THEATRE means a building, or part thereof, used for the presentation of the performing
arts or motion pictures.
2.236
TOWNSHIP shall mean the Corporation of the Township of Wellesley.
2.237
TRAILER, PARK MODEL shall mean a building or structure that is built on a single
chassis mounted on wheels and which is capable of complete relocation; and which is
designed for use as a seasonal dwelling; and which shall be connected to communal or
municipal services and utilities necessary for operation of installed fixtures and
appliances; and which shall not have a gross floor area that exceeds 50 m2 , nor a width
that is greater than 2.6 metres.
2.238
TRAILER, TRAVEL shall mean a vehicle, including a camping trailer, designed, used,
or intended for the living, sleeping, eating, or accommodation of persons therein for
seasonal recreational travel; and which is either self propelled or constructed such that it
is suitable for being attached to a motor vehicle for the purpose of being drawn or
propelled by the motor vehicle.
2.239
TRAVEL TRAILER PARK means a parcel of land under single ownership, which
provides accommodation for travel trailers.
2.240
TRUCK BODY, SHIPPING, STORAGE or CARGO CONTAINER shall mean a
truck box removed from the frame or chassis of the truck, or an unlicensed truck trailer or
a container customarily used for the transport of freight or for storage.
2.241
TRUCK CAMPER shall mean a portable structure, designed to be loaded onto, or
affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters
for recreation, camping or travel use.
2.242
TRUCK TERMINAL shall mean the use of land, buildings, or structures, or portions
thereof, where transports are stored, rented, leased, kept for hire, or parked for
remuneration or from which trucks or transports are dispatched as common carriers, or
where goods are stored temporarily for further shipment.
2.243
USE, when used as a noun, shall mean the purpose for which any land, building or
structure is designed, arranged or intended to be occupied or used, or for which it is
occupied, used or maintained. USE, when used as a verb or "to use" shall have a
corresponding meaning.
2.244
USE, CONTINUOUS in the context of Section 4.0 NON-CONFORMING USES, shall
mean the continuous use of any lot, building or structure notwithstanding a change of
ownership of the property where the use is located. Use shall further be deemed
continuous if, after having ceased, the same use recommences where the intention of the
owner was to definitively continue such use.
2.245
VALUE-ADDED, AGRICULTURAL USES Shall mean the processing and refining of
crops and produce produced on properties which form part of the farm operation to a
final retail product. The final retail product shall primarily consist of the crops and
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produce produced on the farm operation or commercial greenhouse. Value-added
agricultural uses shall be subject to the provisions of section 4.29, On-Farm Diversified
Uses.
2.246
VEHICLE means a passenger automobile or other motor vehicle, a boat, a farm
implement, a mobile home, a motor home, a snowmobile, a trailer, or any other device
which is capable of being drawn, propelled or driven by any kind of power, and includes
a commercial vehicle as defined herein, but does not include a bicycle or any other
device, other than a boat, powered solely by means of human effort.
2.247
VEHICLE, COMMERCIAL MOTOR means a truck or other vehicle, not including a
personal vehicle, which meets one or more of the following criteria:
- an empty weight of 4500 kg (9920 pounds) or more,
- contains more than two axles,
- exceeds 2.6 metres in height and 6 metres in length, or
-is designed to carry 10 or more people
The type of vehicles may include, but are not limited to (should the vehicle meet one or
more of the above-noted criteria): a bus, tow truck, cement truck, panel truck, semi-
tractor, semi-trailer, or any other non-recreational trailer used for commercial purposes,
stake bed truck, step van, tank truck, tar truck, dump truck, trailer, as defined by the
Highway Traffic Act
2.248
WAREHOUSE shall mean a building or portion thereof designed, used, or intended for
the storage of goods, wares, merchandise, articles, or things that may include the selling
or distribution thereof at wholesale.
2.249
WASTE DISPOSAL SITE, shall mean any land or land covered by water, licensed
under the provisions of the Environmental Protection Act, as amended, from time to time,
upon, into, or through which, or building or structure in which, waste is deposited or
processed, and any machinery and equipment or operation required for the treatment or
disposal of waste, and may include a solid waste transfer site, and recycling operation.
2.250
WATER FRONTAGE means the boundary of a lot directly abutting an original
shoreline reserve or a front lot line, as defined by "Lot Lines".
2.251
WATER SUPPLY, COMMUNAL, shall mean a privately owned and operated system
whereby water is piped to more than one dwelling unit, or to more than one commercial
use, or to more than one institutional use, or combination thereof, situated on separate
lots.
2.252
WATER SUPPLY SYSTEM, PUBLIC shall mean a publicly owned and operated
system whereby water is piped to more than one dwelling unit, or to more than one
commercial use, or to more than one industrial use, or to more than one institutional use,
or combination thereof, situated on separate lots.
2.253
WELDING AND MACHINE SHOP shall mean a building or portion thereof where
farm equipment and machinery and/or small engines are serviced or repaired.
2.254
WELL shall mean a hole and any structure appurtenant thereto, drilled into a geological
formation of Cambrian or more recent age for the production of fresh water.
ZONING BY-LAW 28/2006 As Amended
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2.255
WHOLESALE OUTLET shall mean a building, structure or part thereof used for the
storage, distribution and sale of goods, wares, articles or merchandise to other
wholesalers, retailers, industrial, institutional or professional users or to the consumer.
2.256
WIND FARM shall mean a development of one (1) or more wind turbines, together with
any related appurtenances, intended to provide electricity off-site for sale to an electrical
utility, or other intermediaries.
2.257
WIND TESTING TOWER shall mean a single structure erected on a temporary basis,
normally not exceeding one year, for the purpose of testing the potential wind strength
for generating electricity.
2.258
WIND TURBINE shall mean a structure including a tower, nacelle, blades and related
appurtenances, designed, erected and maintained under the appropriate qualified
supervision, and used for the conversion of wind energy into electricity for sale to an
electrical utility or other intermediaries. The height of the wind turbine shall be
measured from the highest point of the tower, to the lowest grade elevation at the base of
the tower.
2.259
WIND TURBINE, ACCESSORY shall mean accessory structures including a tower,
nacelle, blades, and related appurtenances, designed, erected and maintained by a
qualified personnel, used for the conversion of wind energy into electricity primarily for
use on site and having a nameplate capacity not exceeding 85 kilowatts.
2.260
WOODWORKING SHOP shall mean a shop or workspace intended for making items
out of wood, and without limiting the generality of the foregoing may contain tools and
supplies intended for cutting, sanding, finishing, joining and/or carving wood, not
including a sawmill.
2.261
WRECKING YARD see SALVAGE AND WRECKING YARD.
2.262
YARD shall mean a space, appurtenant to a building or structure, located on the same lot
as the main building or structure, and which space is open, uncovered and unoccupied
from the ground to the sky except for such buildings, structures, or uses as are
specifically provided for elsewhere in this By-law.
2.263
YARD, FRONT shall mean a yard extending across the full width of the lot between the
front lot line of the lot and the nearest main wall of any main building or structure on the
lot. "FRONT YARD DEPTH" means the least horizontal dimension between the front
lot line of the lot and the nearest main wall of any main building or structure on the lot.
2.264
YARD, LAKE shall mean a yard extending across the full width of the lot between the
lake line of the lot and the nearest main wall of any main building or structure on the
lot. "LAKE YARD DEPTH" means the least horizontal dimension between the lake line
of the lot and the nearest main wall of any main building or structure on the lot.
2.265
YARD, REAR shall mean a yard extending across the full width of the lot between the
rear lot line of the lot and the nearest main wall of any main building or structure on the
lot. "REAR YARD DEPTH" means the least horizontal dimension between the rear lot
line of the lot and the nearest main wall of any main building or structure on the lot.
2.266
YARD, SIDE shall mean a yard extending from the front yard to the rear yard and from
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the side lot line of the lot to the nearest main wall of any building or structure on the lot.
"SIDE YARD WIDTH" means the least horizontal dimensions between the side lot line
of the lot and the nearest main wall of any main building or structure on the lot.
2.267
YARD, SIDE, EXTERIOR shall mean a side yard immediately adjoining a public street
extending from the front lot line, all the way through to the rear lot line.
2.268
YARD, SIDE, INTERIOR shall mean a side yard other than an exterior side yard.