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ZONING BY-LAW 28/2006 As Amended
4-1
SECTION 4
GENERAL PROVISIONS
4.1
APPLICATIONS
The provisions of this section apply in all zones except as may be indicated otherwise by
this By-law.
4.2
ACCESSORY USES
Additional Detached Dwelling Units and Additional Attached Dwelling Units shall be
subject to provisions of Sections 4.2 and 4.2.1.
Accessory uses, buildings or structures, are permitted in any yard, subject to the
provisions of this By-law for the particular zone in which said building or use is located,
and provided that any accessory building or use:
a) Shall not be used for human habitation, except where a
dwelling unit is a permitted accessory use;
b) Shall not be built closer to the front lot line than the
minimum distance required by this By-law for the main
building on the lot;
c) With the exception of buildings and structures in an A1
Zone, shall not be located in the required front yard or the
required exterior side yard, in the case of a corner lot;
d) In an SR, UR, UR2, UR3 and PLR Zone, shall not be built
closer to the street than the main building is to that street;
except in the case of through lots and through lots deemed to
be corner lots where the accessory building shall not be
closer to the street line at the rear lot than the required front
yard set-back for the adjacent lot, unless otherwise permitted
by this By-law;
e) In an SR, UR, UR2, UR3, PLR, SC and UC Zone, shall not
be built closer than 1.0 metre to any interior side lot line or
rear lot line except:
-
That in a PLR Zone, shall not be located closer than 12.5 metres to the lake line;
-
That in an SC and UC Zone, if the existing main use is not residential, the required
setbacks for the SC and UC zone shall apply.
-
That on any corner lot shall not be located closer than six (6.0) metres to the exterior
lot line.
-
That common semi-detached private garages or carports may be centered in the
mutual lot line.
-
That where a lot line abuts a public lane an accessory building must be located at
least 0.5 metre from said lane.
ZONING BY-LAW 28/2006 As Amended
4-2
-
Unless as otherwise noted in this by-law in any other zone the required side and rear
yard setback shall conform to that zone.
f)
Shall not exceed ten percent (10%) coverage of the total lot area. The total floor area
of accessory buildings may not exceed the ground floor area of the main building
except in the A1, DI and UI zones.
g) In an SR, UR and PLR Zone, the maximum height shall not
exceed 6.0 metres measured to the peak or the highest
portion of the roof;
h) Shall not be considered as an accessory building if attached
to the main building in any way;
i) Shall not be considered an accessory building if located
completely underground.
j) Except in the A1 zone, no accessory building or structure
shall be established until the main use to which it is
accessory has been established on the lot.
4.2.1
Additional Dwelling Units
An Additional Dwelling Unit may be permitted within:
a)
A single detached dwelling or an accessory detached building thereto;
b)
A semi-detached dwelling or an accessory detached building thereto;
c)
A townhouse (cluster, stacked, or street front) dwelling or an accessory detached
building thereto;
Notwithstanding any other provisions in this by-law, additional dwelling units are
permitted within a dwelling unit in the Agricultural (A1), Agricultural (A2), Settlement
Residential (SR), Urban Residential (UR), and Urban Residential Two (UR2) zones or
any special zone in the A1, A2, SR, UR, and UR2 zones.
4.2.1.1 Dwelling Unit (Attached), Additional
An Additional Attached Dwelling Units is permitted to be located in a single detached;
semi-detached or townhouse dwelling provided that:
a)
The use is secondary to the principle use within the same dwelling unit;
b)
A maximum of one additional attached dwelling units may be permitted per lot
within an existing dwelling;
c)
An additional attached dwelling unit shall contain a maximum of two (2)
bedrooms;
d)
An additional attached dwelling unit must contain a private washroom with
shower facilities, and a private kitchen;
e)
An additional attached dwelling unit must be connected to municipal water
and/or sewer services where available;
f)
Where municipal services are not available, an additional attached dwelling unit
may be connected to private services to the satisfaction of the Township;
ZONING BY-LAW 28/2006 As Amended
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g)
The additional attached dwelling unit must have an entrance separate from the
principal dwelling, accessed from the rear, interior, or exterior side yard, or from a
common vestibule;
h)
An additional attached dwelling unit, if located at or above grade, shall not be
larger than 50% of the gross floor area of the principal dwelling;
i)
An additional attached dwelling unit, if located in the basement of a principal
dwelling, may occupy the entire basement area.
j)
One (1) additional parking space for the sole use of the occupant of the additional
attached dwelling unit is required for each additional dwelling unit. A parking space that
is provided and maintained for the sole use of the occupant of an additional attached
dwelling unit may be a tandem parking space.
4.2.1.2 Dwelling Unit (Detached), Additional
An additional detached dwelling unit is permitted within the A1, A2, SR, UR and UR2
zones subject to the following regulations:
a)
The use is subordinate to the principal residential use on the same lot;
b)
Where an additional detached dwelling unit is located on a residential lot within a
settlement area, neither an additional attached dwelling unit, garden suite, nor any
rooming units such as a bed and breakfast or group home are permitted on that lot, unless:
i. within the Settlement Residential (SR) Zone the lot has a minimum buildable
lot area of 3000 sq. m., or
ii. within the Urban Residential (UR and UR2) zone the lot has a minimum
buildable lot area of 2000 sq. m.
c)
An additional detached dwelling unit shall only be permitted within a zone in
association with a principal dwelling;
d)
A maximum of one (1) additional detached dwelling unit is permitted per lot;
e)
An additional detached dwelling unit must be connected to municipal water
and/or sewer services where available;
f)
Where municipal services are not available, an additional detached dwelling unit
may be connected to private services to the satisfaction of the Township;
g)
An additional detached dwelling unit must have a minimum 1.5 m clear path of
travel for emergency access;
h)
An additional detached dwelling unit must be setback from an interior side or
rear lot line at least 2.0 metres. Conversion of an existing building which has been
legally established for at least 5 years with less than the required yard setbacks shall be
permitted to be converted to an additional detached dwelling unit subject to compliance
with all other regulations of the zoning by-law;
i)
An additional detached dwelling unit must be setback from an exterior side lot
line at least 6.0 metres;
j)
The size of an additional detached dwelling unit shall:
ZONING BY-LAW 28/2006 As Amended
4-4
i.
Not be greater in size than the ground floor area of the principal
dwelling, or
ii. Not be greater than 84 m2 (900 ft2) gross floor area, or
iii. Not exceed 10% of the total buildable lot area, whichever is the lesser.
k)
If an additional detached dwelling unit is a free standing structure or forms part
of another accessory structure:
i.
An additional detached dwelling unit within the SR, UR and
UR2 zones must be located behind the principal dwelling;
ii. The combined gross floor area of the additional dwelling unit and all accessory
buildings shall not exceed 10% of the lot area.
iii. The height of the additional detached dwelling unit may not exceed the height
of the principal dwelling, and in no case shall be more than 5.0m as measured from the
grade level to peak of roof;
iv. A driveway which extends into the rear yard and to the additional detached
dwelling unit may be permitted at the discretion of the Township and must comply with
all regulations of this by-law regarding driveways.
l)
An additional detached dwelling unit must be affixed to the ground in accordance
with the requirements of the building code;
m)
The attic of an additional detached dwelling unit may not contain an amenity
area;
n)
Any lofts, mezzanines or other floor areas above the first floor shall be
considered part of the gross floor space of the unit and shall be calculated as part of the
maximum permitted gross floor area;
o)
If the additional detached dwelling unit is to be constructed within a newly built
structure, a lot grading and drainage plan must be submitted to the satisfaction of the
Township;
p)
If the additional detached dwelling unit is to exist in a newly constructed
structure and on a lot with an area of 0.8ha (2.0ac) or less, without municipal sanitary
services a scoped hydrogeological study may be required at the discretion of the
Township;
q)
A travel trailer, mobile home or any other residential style unit designed to be
towed shall not be permitted to be used as an additional detached dwelling unit;
r)
A truck body, shipping, storage or cargo container or other similar type unit shall
not be used as an additional detached dwelling unit, notwithstanding any alterations,
renovations or additions that may be undertaken to such container to conform to the
building code;
s)
One (1) additional parking space for the sole use of the occupant of the additional
detached dwelling unit is required. A parking space that is provided and maintained for
the sole use of the occupant of an additional detached dwelling unit may be a tandem
parking space;
t)
Within the A1 and A2 zones the additional detached dwelling unit shall be
located within the cluster of existing buildings.
ZONING BY-LAW 28/2006 As Amended
4-5
4.3
ACCESSORY USES, COMMERCIAL
Notwithstanding any other provisions of this By-law, where a commercial use is
permitted as an accessory use in an industrial zone, it shall be erected within 2.0 metres of
the main building, shall not exceed ten (10) percent of the total floor area of the main
building, or shall not exceed a maximum floor area of 280.0 m², whichever is less.
Where no building exists, such commercial accessory use shall not exceed 100.0 m² of
floor area.
4.4
ACCESSORY USES, RESIDENTIAL
Notwithstanding any other provisions of this By-law, in the case of a single-detached
dwelling, the maximum building height for the dwelling unit shall be 9.0 metres, and the
minimum floor area shall be 80.0 m², and in the case of a dwelling unit permitted as an
accessory use in a commercial zone, it shall be contiguous to the main commercial use, be
above or in the rear of the main commercial use.
4.5
ANCILLARY SALE OF AUTOMOBILES
Sales of automobiles ancillary to a motor vehicle service station, public garage, or motor
vehicle body shop shall be limited to maximum of six (6) automobiles being stored, kept
or displayed for sale on the site at any time.
4.6
BED AND BREAKFAST ESTABLISHMENT (B&B)
Within those zones where Bed & Breakfast (B&B) establishments are permitted, such uses
shall be in accordance with the provisions for such zones and shall also comply with the
following regulations:
a) No more than two (2) guest rooms in a single family dwelling shall be provided within
those permitted zones;
b) Any exterior stairways required for a B&B shall be located in a side or rear yard;
c) All new B&B establishments shall comply with the requirements of this Zoning By-law,
other local By-laws, and any applicable provincial regulations such as the Ontario
Building Code and Fire Code, as amended;
d) A Certificate of Occupancy shall be issued one time by the Township; and;
e) One parking space per guest room shall be provided.
4.7
BUFFER STRIPS
4.7.1
A buffer strip shall be located within the zone for which it is required; it shall be planted,
nurtured and maintained by the owner of the lot on which the buffer strip is located, and
replacement of trees and plants be made by the owner, as necessary from time to time.
4.7.2
In all cases where access driveways extend through a buffer strip, it shall be permissible to
interrupt the strip within three (3.0) metres of the edge of such driveway.
4.7.3
A buffer strip may form part of any required landscaped open space, including the required
front, side and rear yards.
ZONING BY-LAW 28/2006 As Amended
4-6
4.7.4
Where a commercial zone or an industrial zone abuts a residential zone, an institutional
zone, or an open space zone, a strip of land not less than four and one-half (4.5) metres in
width adjacent to and inside the commercial zone boundary shall be used for no other
purpose than a buffer strip.
4.7.5
Where an institutional zone abuts a residential zone, a strip of land not less than three (3.0)
metres in width adjacent to and inside the institutional zone boundary shall be used for no
other purpose than a buffer strip.
4.8
COMMERCIAL AND INDUSTRIAL ZONES ABUTTING OR ADJACENT TO
RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES
Where any commercial zone or industrial zone fronts on a street or road opposite to, or
directly abuts any residential zone, institutional zone, or open space zone, the following
provisions shall be complied with:
a)
No parking of vehicles with capacity over nine hundred (900) kilograms (1,984
lbs) shall be permitted in any side yard adjacent to the neighbouring zone within
4.5 metres;
b)
No loading space shall be located in, nor open onto, any side yard adjacent to the
neighbouring zone within 4.5 metres;
c)
A buffer strip shall be provided in accordance with the provisions of Section 4.7.
4.9
CONSOLIDATED DEVELOPMENT
Where two or more abutting lots under 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.
4.10
DRIVEWAY REGULATIONS WHERE A DRIVEWAY IS REQUIRED TO SERVE A
RESIDENTIAL USE (EXCLUDING REGIONAL ROADS)
4.10.1
For all residential zones that permit a single detached dwelling, semi-detached dwelling
or street townhouse dwelling the maximum driveway width shall be 50% of the lot width
or the width of an attached garage, whichever is the greater, but shall in no case be greater
than 9.0 metres.
4.10.2
The number of driveways serving a lot shall be limited in accordance with the following:
a)
Up to the first 16 metres of street line - not more than 1 driveway;
b)
Up to the first 30 metres of street line - not more than 2 driveways;
c)
For each additional 30 metres of street line - not more than 1 additional driveway;
d)
Each driveway shall be separated by a distance of not less than 7.5 metres;
e)
Street fronting multi-unit developments that gain access directly from a street or
road (townhouses/semi-detached units) shall be limited to 1 driveway per unit.
4.10.3
The minimum distance between a driveway and an intersection of street lines measured
along the street line intersected by such driveway shall be nine (9.0) metres.
ZONING BY-LAW 28/2006 As Amended
4-7
4.10.4
The minimum distance between an interior side lot line and any driveway, with the
exception of a mutual or common driveway, shall be one (1.0) metre.
4.10.5
The interior angle formed between the street line and the centre line of any driveway shall
not be less than forty-five (45) degrees.
4.11
ESTABLISHED BUILDING LINE ON STREETS OR ROADS
Notwithstanding any other subsequent provisions of this By-law, where a single-detached
dwelling or accessory use thereto is to be erected within a settlement area where there is
an established building line, such dwelling or accessory use may be erected closer to the
street line or to the centre line of the street or road, as the case may be, than required by
this By-law provided such dwelling or accessory use is not erected closer to the street line
or to the centre line of the street or road, as the case may be, than the established building
line on the date of passing of this By-law.
4.12
EXISTING LOTS
Notwithstanding any other provisions of this By-law, existing lots with less than the
required lot area or lot frontage may be developed for the use specified in the appropriate
zone provided all other regulations of this By-law are satisfied and in the case of lots
where buildings or structures requiring private sanitary sewage facilities are to be erected
therein:
a)
Such lots are serviced by approved sanitary sewage services;
b)
Such lots shall have frontage on a public street;
c)
Such lots shall have potable water supply.
4.13
FLOOR AREA
4.13.1
No person shall erect or use a dwelling unit that is not in compliance with the following
minimum floor area requirements:
Dwelling Unit
Minimum Floor Area
Bachelor:
28 m2
1 bedroom:
37 m2
2 bedrooms:
55 m2
3 bedrooms:
70 m2
4 bedrooms:
83 m2
Dwelling unit in a boarding house, rooming house or bed and breakfast establishment.
35 m2
4.13.2 Notwithstanding the above, the minimum floor area of a group home shall be 23.0 m2 plus
an additional 7.0 m2 for each resident, exclusive of staff or receiving family.
4.14
GARDEN SUITES
A garden suite may be permitted as a temporary use subject to zoning by-law amendment
within the appropriate zones (SR, UR, A1, SC, UC) where single family detached
ZONING BY-LAW 28/2006 As Amended
4-8
residential dwelling units are permitted and pursuant to Section 39 of the Planning Act
(Temporary Use Regulation), and shall be subject to the following regulations:
a)
Only one garden suite may be established per lot on which a single-detached
residential dwelling unit exists;
b)
Garden suites are only permitted in an SR, UR, PLR and A1 zone. They may also
be permitted in an SC or UC zone providing the single family residential dwelling
is the primary use;
c)
Garden suites in the permitted zones shall be located in either a side yard or rear
yard, and located behind or even with the front wall of the single-detached
residential dwelling unit;
d)
A minimum interior side of 1.2 m, rear yard of 3 m and a minimum exterior side
yard of 6.0 m are required;
e)
Driveway access to both the main residence and the garden suite shall be limited
to one so that no new entrance from the street shall be created;
f)
The maximum floor area of a garden suite shall be 93 m2;
g)
The maximum height of a garden suite shall be one storey or 4.5 m whichever is
less;
h)
No garden suite shall be located closer than 3.0 m to the main residence on the lot;
i)
No garden suite shall be located closer than 5.0 m to the main residence on an
adjoining lot;
j)
No garden suite shall be located further than 20 m from the main residence in an
SR, UR, A1, SC and or UC zone;
k)
No garden suite shall be permitted to have a basement, cellar and or storage below
grade;
l)
All garden suites shall be constructed upon suitable foundation, caissons or piers;
m)
All garden suites shall be connected to municipal water and sewage disposal
systems where available, subject to approval by the appropriate approval authority
and subject to available capacity;
n)
Notwithstanding the above, garden suites may be permitted with individual private
servicing in the A1, SR and SC zone subject to the minimum lot area requirements
of the permitted zone and the approval of the Township for the proposed servicing;
o)
All garden suites shall not be used as a rental dwelling unit or for commercial gain;
p)
The garden suite shall meet all health, safety servicing, building code and site plan
control requirements;
q)
All garden suites shall be of a pre-fabricated and modular nature and shall not
include a single-wide mobile home or trailer; shall comply with the A277 series of
standards prescribed by the Canadian Standards Association, and bears the seal of
that Association attesting to such compliance.
r)
All garden suites shall be required to have one (1) parking space;
s)
Pursuant to Section 39 of the Planning Act, Council may require a development
agreement with the owner of the Garden Suite to deal with, among other things,
ZONING BY-LAW 28/2006 As Amended
4-9
the installation, maintenance and removal of the unit, the period of occupancy, the
deposit of a performance bond or security, and rehabilitation of the site to its pre-
garden suite condition.
4.15
GRADING AND DRAINAGE
4.15.1
Excavations
No person shall make any excavations or remove any topsoil, earth, sand or gravel from
any lot, alone or in conjunction with any construction work, unless the written permission
of the Township or a building permit with respect to such construction work has first been
obtained, and except in accordance with any requirements of the Township with respect
to retention of topsoil, grading and finished elevations.
4.15.2
Removal or Leveling of Hills
This By-law shall not apply to prevent the removal or leveling of hills for the purposes of
increasing or improving land for agricultural uses so long as no excavation takes place
below the average grade of the land surrounding the said hill and so long as a permit has
been obtained with respect to such removal or leveling under the Aggregate Resources
Act, as amended or revised from time to time.
4.15.3
Suitable measures for surface and sub-surface drainage shall be required in respect to the
use of all land and the use and/or erection of all buildings and structures.
4.16
GROUP HOMES
Notwithstanding any other provisions in this By-law, no group home shall be located closer
than 200.0 metres from another group home.
4.17
HEIGHT
The height regulations of this By-law shall not apply to any silo, grain handling and
storage facilities, wind turbines, wind testing towers, ornamental dome, chimney,
communications tower, cupola, steeple, church spire, water storage tank, elevator
enclosure, flag pole, skylight, clock towers, ventilators, antennae, radio or television
receiving or transmitting equipment, or any accessory mechanical appurtenances. Such
features, however, shall be erected only to such height as is necessary to accomplish the
purpose they are to serve.
4.18
HOME OCCUPATIONS
Where a home occupation is permitted in a particular zone, the following provisions shall
apply:
a)
No outside storage of materials, containers, or finished products is permitted;
b)
The character of the dwelling as a private residence shall not change, nor shall a
public nuisance particularly in regard to noise, traffic or parking be created;
c)
No mechanical equipment shall be used in the operation, which would result in
any undue noise, fumes, dust, or odour escaping to any adjoining premise;
ZONING BY-LAW 28/2006 As Amended
4-10
d)
Shall not occupy more than 25 percent of the total floor area of the dwelling unit
including basement or cellar area used for home occupation or as living quarters,
or 40.0 m² whichever is the lesser. For greater clarity, such uses include the offices
or consulting room for a home profession such as a physician, dentist, chiropractor,
lawyer, engineer, accountant, teacher or musical instructor, the office for a trade
such as a painter, plumber, carpenter, or electrician and the workroom for a dress-
maker, milliner, or hairdresser, and a home-based food business but does not
include or permit a clinic, any retail shop, tea room, bed and breakfast
establishment convalescent home, mortuary, funeral parlour, dancing school,
rooming house, boarding house, hairdressing if more than two persons are engaged
in the business, or any similar use or other commercial use or institutional use or a
workshop, storage yard, parking area or plant for any of the trades.
e)
The home occupation shall not involve the use of the premises as a base of
operation for persons who are employed by or associated with the home
occupation, nor shall the premises be used to assemble or rally such persons for
transportation to a work site;
f)
There shall be no visible indication that the home occupation is being carried on
within the dwelling unit except that one sign no larger than 0.5 m² may be placed
on the property;
g)
No retail use of the dwelling unit shall be permitted as a home occupation, except
that accessory sales use to a permitted home occupation shall be permitted
provided that the area occupied by such accessory sales use does not exceed 15
percent of the permitted home occupation floor area, but where such use is a home-
based food business, direct sales from the residence are prohibited.
h)
No institutional use of the dwelling unit shall be permitted as a home occupation;
i)
No manufacturing or assembly shall be carried on or in connection with the home
occupation except for the fabrication of handmade articles of clothing arts or craft,
or food preparation of a home-based food business.
j)
No lodging shall be provided in connection with a home occupation, however, this
subsection does not preclude or prohibit the establishment or operation of a bed
and breakfast establishment as defined by this By-law and where permitted by this
By-law;
k)
No lands, premises, detached garages or accessory buildings associated with the
dwelling unit shall be used in connection with the home occupation;
m)
Not more than one (1) home occupation or home profession shall be permitted per
dwelling unit or lot;
n)
No more than five (5) persons permitted in dwelling at one time to receive
treatment, services, or instructions;
o)
No persons may be employees of home occupation which are not permanent
residents of dwelling;
p)
No animal, corpse, bacteria, or virus shall be brought into dwelling in connection
with a home occupation;
ZONING BY-LAW 28/2006 As Amended
4-11
q)
No delivery of materials to the dwelling unit from a vehicle that has a gross
registered weight exceeding 5,000 kilograms (11,023 lbs); and;
r)
A Certificate of Occupancy shall be issued one time by the Township and shall be
renewed for each change of use.
4.19
LOSS BY NATURAL CAUSES
Notwithstanding any other provisions of this By-law (save and except for any section
dealing buildings and structures on Hazard Lands), where a building or structure is
destroyed or partially destroyed by fire or other natural causes, replacement of the said
building or structure to the same basic dimensions and on the same basic site may be
permitted.
4.20
LOTS REDUCED BY PUBLIC ACQUISITION
4.20.1
Where the area of a lot is reduced by means of an acquisition of part of the lot by any
authority having power of expropriation, and where such acquisition causes the lot as
reduced, or any building or structure existing lawfully on the lot on the date of such
acquisition, to have a lot area, lot frontage, lot coverage, parking, area of landscaped open
space, setback, front yard depth, side yard depth or rear yard depth that does not comply to
the requirements hereof for the zone in which such lot is located, then nothing in this By-
law shall apply to prevent the continued use of the lot as reduced as if no such acquisition
had taken place, provided that:
a)
No further change is made in the dimensions, area or any other characteristics of
the lot as reduced, subsequent to the date of such acquisition, that would increase
the extent of the said non-compliance; and
b)
No building or structure or addition thereto is erected on the lot as reduced,
subsequent to the date of such acquisition, except in accordance with all the
provisions hereof for the zone in which such lot is located.
4.20.2
In the case of a road widening dedication, the land that has been or will be dedicated shall
be included in any calculation for the purpose of determining lot area, coverage, height,
parking, landscaped open space, floor area, floor area ratio, and the location of any
permitted building or structure relative to the required side or rear yards, provided any
building or structure is located wholly within the boundary of the land remaining after the
dedication.
4.21
MINIMUM DISTANCE SEPARATION FORMULAE
4.22.1
The Minimum Distance Separation Formula I shall be applied to any proposed
development in any zone on Schedule "A", Map 1 to 60, save and except where the
development is an addition to an existing dwelling.
4.22.2
The Minimum Distance Separation Formula II shall be applied to any new or expanding
livestock facility and or manure storage which require a building permit.
4.22
MINIMUM SETBACKS FROM OBNOXIOUS USES
Notwithstanding any other provision of this By-law, the following minimum setbacks shall
be maintained from existing or proposed sensitive land uses including non-farm non-
ZONING BY-LAW 28/2006 As Amended
4-12
accessory residential uses which are not accessory or related to the following obnoxious
uses:
Use
Minimum Setback
Commercial or custom grain handling and storage facilities:
305 metres
Former and active waste sites including landfill sites:
a) Where a methane gas/leachate study has determined the
need for technical controls for gas and leachate:
30 metres
b) Where methane gas/leachate studies have not been
undertaken:
300 metres
Sewage lagoons:
400 metres
Solid waste transfer sites and/or waste recycling depots:
500 metres
4.23
MOVING OF BUILDINGS
In all zones no buildings shall be moved within the limits of the Township, or shall be
moved from outside the Township into the Township without a permit from the Township
Chief Building Official.
4.24
MUNICIPAL DRAINS AND NATURAL WATERCOURSES
4.24.1
Notwithstanding any other provisions of this By-law, no permanent buildings or structures
shall be erected or used:
a)
Closer than seven and one-half (7.5) metres from the top-of-bank of a municipal
drain having a width of less than four and one-half (4.5) metres from top-of-bank
to top-of-bank;
b)
Closer than eighteen and one-half (18.5) metres from the top-of-bank of a
municipal drain having a width of between four and one-half (4.5) metres and
seven and one-half (7.5) metres from top-of-bank to top-of-bank;
c)
Closer than thirty and one-half (30.5) metres from the top-of-bank of a municipal
drain which is seven and one-half (7.5) metres or more from top-of-bank to top-
of-bank;
d)
Closer than seven and one-half (7.5) metres from the centre line of a municipal tile
drain;
e)
Closer than fifteen (15.0) metres from the top-of-bank of a natural watercourse or
within an area which is equal to fifteen (15.0) metres plus one-half the width of the
stream from the centre line of the watercourse, whichever is greater;
4.24.2
Notwithstanding any other provisions of this By-law, no permanent buildings or structures
shall be erected or used on lands which exhibit, or potentially exhibit, a hazardous
condition as a result of their susceptibility to flooding, erosion, subsidence, inundation or
the presence of organic soils or steep slopes.
ZONING BY-LAW 28/2006 As Amended
4-13
4.24.3
Where in this By-law a front, side or rear yard is required, and part of the area of the lot is,
covered by water or marsh for more than two (2) months in the year, or is beyond the top
of bank or watercourse, or between the top and toe of a cliff or embankment having a slope
of thirty (30) degrees or more from the horizontal, then the required yard shall be measured
from the nearest main wall of the main building on the lot to the nearest edge of said area
covered by water or marsh, or to the rim of said river bank or watercourse, or to the top of
the said cliff or embankment.
4.24.4
Any application for a building permit on a lot in any zone within the Township may be
referred by the Chief Building Official to the Ministry of Natural Resources or the Grand
River Conservation Authority for analysis of the severity and location of hazardous natural
conditions before issuance of the said permit.
4.25
NON-CONFORMING USES
The provisions of this By-law shall not apply:
a)
To prevent the use of any land, building or structure for any purpose prohibited by
this By-law if such land, building or structure was lawfully used for such purpose
on the effective date so long as it continues to be used for that purpose; or
b)
To prevent the erection or use for a purpose prohibited by this By-law of any
building or structure for which a permit has been issued under Section 8 of the
Building Code Act, as amended, prior to the day of the passing of this By-law, so
long as the building or structure when erected is used and continues to be used for
the purpose for which it was erected and provided the permit has not been revoked
under Section 8 of the Building Code Act, as amended.
c)
Where for any reason, the use of land, building or structure for a use not permitted
by this By-law, has ceased and is not resumed, and there is no intention from the
owner to continue such use, such non-conforming use shall not be resumed and
any future use of land, building or structure shall be in conformity with the
provisions covering the zone in which the land, building or structure is located.
4.26
NON-COMPLYING USES
Where an undersized lot or lot with insufficient frontage existed at the date of passing of
this by-law, and is considered to be legal non-complying, and the lot area and/or lot
frontage has been changed through an application for consent approved by the Township
of Wellesley Committee of Adjustment, the amended lot shall be deemed to comply with
the provisions of this by-law and a further amendment to this by-law is not required. This
provision shall not apply to lots that currently comply with the lot area and frontage
requirements of the respective zone and will no longer comply as a result of a consent
application approved by the Township of Wellesley Committee of Adjustment.
Where a building or structure has been erected prior to the effective date on a lot having
less than the minimum frontage and/or area, and/or having less than the minimum setback
and/or side yard and/or rear yard required by this By-law, the said building may be
enlarged, reconstructed, repaired or renovated provided that:
a)
The alterations enlargement, reconstruction, repair or renovation does not further
reduce a front yard and/or side yard and/or rear yard and/or setback having less
than the minimum required by this By-law; and
ZONING BY-LAW 28/2006 As Amended
4-14
b)
All other applicable provisions of this By-law are complied with.
c)
A building destroyed by fire or natural disaster may be restored and reconstructed
on the same lot provided the yard depths existing at the time prior to the destruction
are maintained or are not reduced to a depth lesser than required by this By-law
and there is no increase in any other situation of non-conformity, provided that a
building permit for such reconstruction is issued within one (1) year of the date of
destruction.
d)
A building may be voluntarily restored, repaired, or permitted altered, provided
that any addition, restoration, repairs or alteration retains the yard depths existing
at the time prior to the alterations or are not reduced to a depth lesser than required
by this by-law, and that there is no increase in any other situation of non-
conformity.
4.27
OBNOXIOUS USES
Nothing in this By-law shall be construed to permit the use of land for the erection or use
of a building or structure for any purpose that is likely to become a nuisance or offensive:
a)
By the creation of noise or vibrations;
b)
By reason of the emission of gas, fumes, dust or objectionable odour;
c)
By reason of the unsightly storage of goods, wares, merchandise, salvage, or refuse
matter or other such material.
4.28
ON-FARM DIVERSIFIED USES
a) Such use shall be conducted only by the owner of the farm property who resides on-site,
and may include additional employees.
b) A maximum of 2 separate and distinct On-Farm Diversified Uses can operate from one
property.
c) The farm where such use is secondary, clearly qualifies for the farm tax assessment rate;
d) All buildings, structures, landscaped areas, wells, berms, storage, parking, dedicated
laneways, and loading areas associated with such use shall not exceed more than 2% of the
property or to a maximum of 1 hectare, whichever is less.
e) Such use is permitted in multiple buildings or structures, where all buildings and structures
associated with such use shall not exceed a floor area of 20% of the devoted lot area to a
maximum of 1,200 m2 (12,917 ft2). If there are more than one on-farm diversified uses, the
combined area of all the uses must be within the permitted building floor area.
f) Notwithstanding any other provision of this By-law, any property zoned A1 that is larger
than 4.0 ha. and smaller than 14.1 ha. shall be permitted a maximum gross floor area of 557
m2 (6,000 ft2) for On-Farm Diversified Uses.
g) All buildings associated with such use shall have a peaked roof with a minimum pitch
(slope) of 4 in 12 (1 in 3), and shall not exceed a wall height of 7.3 metres
ZONING BY-LAW 28/2006 As Amended
4-15
h) All buildings associated with such use shall be constructed in a manner that facilitates its
conversion back to agricultural uses should the use cease to exist, and that all uses must be
compatible with, and shall not hinder, surrounding agricultural operations, and all uses
involving agri-tourism and farm experiences must be directly related to the principle
agricultural use of the farm. The cumulative impact of multiple uses must not undermine the
agricultural
nature
of
the
area.
i) All buildings associated with such use shall be located within the cluster of existing
buildings, and in no instances may be located closer than the required front yard setback for
the zone in which it is located.
j) Any such use shall be restricted to the defined uses which have limited retail sales. Accessory
sales of goods manufactured on the premises and related accessory items manufactured on site
shall be restricted to not more than fifteen percent (15%) of the floor area of the permitted
building.
k) Permitted uses shall not include any activity that would constitute a Prohibited Use or
Obnoxious Use as defined elsewhere in this By-law.
l) All buildings associated with such use shall have a minimum side yard of one-half (1/2) the
building height, or 4.5 metres, whichever is greater.
m) Any such use shall not be permitted, or allowed to change, until such time as a Certificate
of Occupancy has been issued by the Township.
n) A certificate of occupancy for each on-farm diversified use shall be required to be renewed
every two (2) years.
o) For greater clarity, the following uses are typically not considered On-Farm Diversified
Uses:
i. equipment or automotive dealerships and/or automotive repair, hotels, landscape
businesses, trucking yards
ii. uses with high water and sewage needs and/or that generate significant traffic, such
as food processors, distribution centres, restaurants, banquet halls
iii. recurring events with permanent structures
iv. institutional uses (e.g., churches, schools, nursing homes, cemeteries)
v. recreational facilities such as golf courses, soccer fields, ball diamonds or arenas
4.29
PARKING REQUIREMENTS
4.29.1
Standard Parking Requirements
The erection of a building in any zone after the passing of this By-law requires on site
parking in accordance with the standards listed below. Where the use of a building is
unknown, the highest parking standard shall be used for the purpose of calculating the
required parking.
ZONING BY-LAW 28/2006 As Amended
4-16
Type of Use Or Building
Parking Required
Auditoria, theatres, arenas, halls
One (1) parking space per 7 seats or 35 m2 of gross floor
area whichever is greater
Bed and breakfast establishments,
boarding and rooming house
One (1) parking space per guest room
Churches
One (1) parking space per each 4 persons church capacity
Commercial uses/Retail
One (1) parking space per 25.0 m2 (269 ft²) of gross floor
area
Dwelling unit in a single-detached
or semi-detached dwelling
Two (2) parking spaces per unit
Dwelling unit in a triplex, multi-
unit, linked, maisonette, row-house,
or apartment dwelling, or a building
containing both commercial and
residential uses
One and one-half (1.5) parking spaces per dwelling unit
Dwellings, Townhouses
Two (2) parking spaces per dwelling unit. If a residential
development consisting of Townhouse dwellings is
accessed by a Private Street, an additional 0.4 spaces per
unit is to be provided for visitor parking.
Garden Suite
One (1) parking space per unit
Group home residences
One and one-quarter (1.25) parking spaces per receiving
family and/or one (1) parking space for each staff on duty
at any time, plus one (1) parking space for each two (2)
beds or each 37.0 m2 of floor area or part thereof,
whichever is the greater
Home occupation
One (1) off-street parking space for 40.0 m2 or part
thereof of floor area devoted to said use in addition to that
required for the dwelling
Hotel, motel
One and one-quarter (1.25) parking spaces per unit
Industrial uses/Manufacturing
One (1) parking space per 50.0 m2 of gross floor area
Libraries
A minimum of ten (10) parking spaces or one (1) parking
space per 28.0 m2,or part thereof, of building floor space,
whichever is greater
Mini Storage Facility
Five (5) parking spaces. If the drive aisle needed to access
units has a width of less than 7m, an additional one (1)
parking space per 500m2 of gross floor area is required.
Motor vehicle service station
Five (5) parking spaces per service bay
Nursing homes or rest homes
One (1) parking space per 2 beds
Office uses- medical/dental
One (1) parking space per 20.0 m2 of gross floor area.
ZONING BY-LAW 28/2006 As Amended
4-17
Type of Use Or Building
Parking Required
On-Farm Diversified Use
(1) parking space per 100 m2 of gross floor area is
required.
Public recreation facility
One (1) parking space per 35.0 m2 of gross floor area
Additional dwelling unit
One (1) parking space per additional detached dwelling
unit
Restaurants, eat-in or take-out
One (1) parking space per 15.0 m2 of gross floor area
Senior citizens housing
One (1) parking space per unit
Shopping centres
One (1) parking space per 17.0 m2 of gross floor area
Schools
One (1) parking space for each teaching staff member plus
one (1) additional parking space for each 20.0 m2or part
thereof of auditorium floor space
Tavern
One (1) parking space per 15.0 m2 of gross floor area
Warehouse use
One (1) parking space per 200 m2 of gross floor area
Any other use not listed
One (1) parking space per 50.0 m² of gross floor area
Where the application of the above parking space requirements results in a number that is not a
whole number, the number shall be rounded up to the next whole number (e.g. 7.3 spaces would
be rounded up to 8).
4.29.2
Barrier Free Parking Requirements
Types of accessible parking spaces
Off-street parking facilities must provide the following two types of parking spaces for the
use of persons with disabilities:
a)
Type A, parking space which has a minimum width of 3.4 m and signage that
identifies the space as "van accessible".
b)
Type B, parking space which has a minimum width of 2.7 m.
Access aisles
Access aisles between parking spaces must be provided for all parking spaces for the use
of persons with disabilities in off-street parking facilities.
Access aisles may be shared by two parking spaces for the use of persons with disabilities
in an off-street parking facility and must meet the following requirements:
a)
Minimum width of 1.5 m.
ZONING BY-LAW 28/2006 As Amended
4-18
b)
Aisle must extend the full length of the parking space.
c)
Aisles must be marked with high tonal contrast diagonal lines, where the surface
is asphalt, concrete or some other hard surface.
Minimum number and type of accessible parking spaces
Off-street parking facilities must have a minimum number of parking spaces for the use of
persons with disabilities, in accordance with the following requirements:
Parking Spaces
Minimum Number of Required accessible parking spaces
1 - 12
1.0 space (1)
13 - 100
4% of total (1) (2)
101 or more
1.0 space plus 3% of the total (2)
Notes:
1.
Where only one accessible parking space is required, a Type A accessible parking space shall be
provided.
2.
Where more than one accessible parking space is required:
a)
If an even number of accessible parking spaces are required, an equal number of Type
A
and Type B parking space must be provided:
b)
If an odd number of accessible parking spaces are required an equal number of Type A and
Type B parking spaces must be provided and the odd space may be a type B accessible
parking space.
4.30
PARKING REGULATIONS IN RESIDENTIAL ZONES
4.30.1
No motor vehicle shall be parked or stored in any residential zone other than a private
passenger automobile, a motor home, travel trailer, truck camper, or school bus, or in the
case of a commercial motor vehicle as provided for in Section 4.29.2 and 4.29.3 of this By-
law.
4.30.2
No commercial motor vehicle shall be parked or stored, except within a fully enclosed
building or structure.
4.30.3
No transport truck trailer shall be parked or stored in a residential zone.
4.30.3
A commercial motor vehicle may temporarily attend residential properties for the
purpose of deliveries or service calls.
4.30.4
No commercial motor vehicle shall idle for more than 15 minutes in a residential zone.
4.30.5
All parking spaces in any residential zone shall be located in an attached or detached private
garage or in a driveway provided that the lot coverage of the spaces shall not exceed fifteen
(15) percent of the total lot area.
4.31
PARKING AREA STANDARDS
4.31.1
Where in this By-law, parking areas are required or permitted, all drainage, surfacing and
illumination shall be done in accordance with the requirements of the Township.
4.31.2
The dimensions for an individual parking space shall be no less than 2.7 metres wide by
6.0 metres long.
ZONING BY-LAW 28/2006 As Amended
4-19
4.31.3
The dimensions for an individual parking space that is adjacent and parallel to a street,
road or drive aisle shall be no less than 2.7 metres wide by 6.6 metres long.
4.32
LOADING SPACES
No person shall erect or use any building or structure in any Commercial or Industrial
Zone which involves the movement of goods, merchandise or materials, nor in any other
zone as required by this By-law, unless loading spaces are provided and maintained in
accordance with the following provisions:
a)
One (1) loading space shall be provided on the same premises for every 2,300 m²
or fraction thereof of the total floor area;
b)
Loading spaces shall not be less than 3.0 metres in width and 10.5 metres in length;
c)
Loading spaces shall not have less than 4.5 metres of vertical clearance;
d)
Adequate driveway space shall be provided to permit the safe manoeuvring,
loading and unloading of vehicles on the lot such that they do not cause an
obstruction or a hazardous condition on adjacent streets or sidewalks and loading
spaces shall have access to a street or lane which has a minimum width from the
rear lot line of the lot to the centre line of the lane of 3.0 metres;
e)
Adequate drainage facilities shall be provided in accordance with requirements of
the Township;
f)
Loading spaces shall be surfaced in accordance with the requirements of the
Township;
g)
The illumination of loading spaces shall be arranged so that the light is diverted
away from any Residential, Open Space or Institutional Zone; and
h)
The location of loading spaces shall be restricted to the rear yard where a lot has
access at both the front and rear to a street or road.
4.33
YARDS WHERE PARKING IS PERMITTED
4.33.1
Notwithstanding the yard and setback provisions of this By-law to the contrary, uncovered
surface parking areas shall be permitted in the required yards or in the area between the
required road allowance and the required setback.
4.33.2
Parking areas shall be permitted in all yards provided that no part of any parking area, other
than a driveway is located closer than 1.0 meter to any street line, except in any residential
zones, where parking is permitted only on a hard surface such as asphalt, concrete, gravel,
or some other hard surface, and where parking shall not be permitted within the front yard
unless such parking is situated within a driveway as defined in this By-law.
4.34
ADDITIONS TO USES WITH NON-COMPLYING PARKING CONDITIONS
4.34.1
Where a building or structure has insufficient parking spaces on the date of passing of this
By-law to conform to the requirements herein, this By-law shall not be interpreted to
require that the deficiency be made up prior to the construction of any addition or a change
of use provided, however, that any additional parking spaces required by this By-law for
such addition or change of use are provided in accordance with all provisions hereof
respecting parking spaces and parking areas.
ZONING BY-LAW 28/2006 As Amended
4-20
4.34.2
Where an existing building or structure located in an Urban Commercial (UC) or
Settlement Commercial (SC) Zone has insufficient parking spaces on the date of passing
of this By-law to conform to the requirements herein, this By-law shall not be interpreted
to require that the deficiency be made up prior to the construction of any addition or a
change of use in the existing building where additional parking spaces are required by this
By-law for a building addition, they may be provided in accordance with all provisions
hereof respecting parking spaces and parking areas. These parking spaces shall be
provided off-site through a joint agreement with a nearby property owner, and be registered
with the Municipality or obtain the necessary variance approval.
4.35
PERMITTED ENCROACHMENTS IN YARDS
Unless otherwise specified in this By-law, every part of any yard required by this By-law
shall be open and unobstructed by any structure from the ground to the sky, provided,
however, that those structures listed below shall be permitted to project into the yards
indicated for the distance specified but in no case shall be permitted to encroach onto an
abutting lot:
Structure
Permitted Yard
Maximum
Encroachment into
Required Setback
Window sills, cornices, eaves,
gutters, pilasters, belt courses
Any yard
0.5 metres
Fire escapes
Rear yard only
1.5 metres
Bay windows, chimneys awnings
and landings
Any yard
1.0 metre
Roofed porches not exceeding one
storey
in
height,
uncovered
terraces, and exterior staircases
Any yard
3.0 metres provided it
is no closer than 1.0
metres to any lot line
Open, uncovered deck
Side and rear yard and
not
within
the
minimum front yard
depth
No maximum provided
it is no closer than 1.0
metres to any lot line
Cantilevered wall
Any yard
0.7 metres
Balconies
Front and rear yards
only; any yard for
apartment dwellings
2.0 metres
Clothes
poles,
signs,
garden
trellises,
light
standards
and
handicapped ramps
Any yard
No maximum
Heat pumps, air exchangers, air
conditioners
Any yard
1.5 metres
Satellite Dishes
Any yard
1.5 metres
ZONING BY-LAW 28/2006 As Amended
4-21
4.36
PRIVATE BUILDINGS ON CORNER LOTS
Notwithstanding any other provisions of this By-law, no private garage, carport or
accessory building on any corner lot shall be located closer than six (6.0) metres to the
street line.
4.37
PROHIBITED USES
The following uses shall be prohibited in any zone unless otherwise provided for:
a)
The use of any land or the erection and use of any building or structure for the
purposes of wrecking yards, salvage yards, dumps, the collection of rags, junk, any
refuse, scrap iron, or other scrap metals;
b)
The use of any land or the erection and use of any building or structure for the
purposes of an abattoir, for the slaughtering of animals, or disposal or composting
of animal parts, or the boiling of blood, tripe or bones;
c)
No land shall be used, and no buildings or structures shall be erected, used, or
altered in any zone for the industrial manufacture of coal oil, rock oil, fuel oil,
burning fluid gas, naphtha, benzene, gasoline, dynamite, dualene, nitro-glycerine,
gun powder, petroleum and petroleum liquid material which is likely to create
danger to health, or danger from fire or explosion;
d)
The use of a single-wide mobile home, trailer or portable classroom used as a
separate secondary dwelling to the main unit or as an addition to a residential
building;
e)
The use of a truck body (with or without wheels and or is not licensed) and a sea
container as an accessory building or structure except in the DI and UI zones;
f)
Any use is prohibited which by its nature or by the materials used therein is
declared under the Public Health Act, as amended and revised from time to time,
or any regulations adopted thereunder to be a noxious or offensive trade, business
or manufacture.
4.38
PUBLIC USES
The provisions of this By-law shall not apply to the use of any land or to the erection,
alteration or use of any building or structure, or portion thereof, for the purpose of public
service by a public authority or public utility provided:
a)
The lot coverage, setback and yard requirements prescribed for the zone in which
such land, building or structure is located are complied with except in the case of
buildings and structures erected prior to the date of the passing of this By-law in
which case the requirement does not apply;
b)
No goods, material, or equipment shall be stored in the open in a residential zone
or in a lot adjacent to a residential zone;
ZONING BY-LAW 28/2006 As Amended
4-22
c)
Any building erected in a residential zone under the authority of this paragraph
shall be designed and maintained in general harmony with residential buildings of
the type permitted in the zone;
d)
Any parking and loading regulations for these uses are complied with;
e)
Notwithstanding the generality of the foregoing, natural gas and electric power
facilities shall not be required to comply with the setback or yard requirements of
this By-law.
4.39
REDUCTION OF A LOT AREA
No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof, or otherwise, so that any building or structure on such lot shall have a lot
coverage or a ground floor area that exceeds, or a front yard, rear yard, side yard, frontage
or a lot area that is less than that permitted by this By-law for the zone in which such lot
is located; and if any such reduction in the area of a lot occurs, no building or structure
located on the lot shall be used until the requirements of this By-law applicable thereto
are complied with.
4.40
RESTORATION TO A SAFE CONDITION
Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of
any building or structure provided such alteration or repair does not increase the height or
size or change the use of such building or structure.
4.41
SATELLITE DISHES
A satellite dish may be erected on a dwelling and used in any zone, provided that, if not
attached to a dwelling, the dish is not erected in an elevated position which exceeds the
maximum height requirement for an accessory building or structure, regardless of the
method of elevation used.
4.42
SIGHT RESTRICTION ON INTERIOR AND CORNER LOT
4.42.1
Notwithstanding any other provisions of this By-law, no obstructions, including but not
limited to shrubs, or foliage be planted or maintained or private fences be erected (more
than 0.8 metres high) in a driveway daylight triangle.
4.42.2
Notwithstanding any other provisions of this By-law, and except in any hamlet or village
commercial zone, on a corner lot, no driveway shall be located, nor shall any shrubs or
foliage be planted or maintained or private fences be erected (more than 0.8 metres high)
which obstruct the view of a driver or a vehicle approaching the intersection and no
building or structure shall be erected, at a distance as established by the following table:
Interior Angle Formed by
Intersection of Street Lines
Distance from Point of
Intersection of Street Lines
20 degrees or less
26.0 metres
21 - 30 degrees
18.0 metres
31 - 40 degrees
13.5 metres
41 - 50 degrees
10.5 metres
ZONING BY-LAW 28/2006 As Amended
4-23
51 - 60 degrees
9.0 metres
61 - 80 degrees
7.5 metres
81 - 110 degrees
6.0 metres
4.42.3
In all zones, on a lot abutting a railway where the railway and a street intersect at the same
grade, no building or structure shall be erected in such a manner as to materially impede
vision above a height of 0.6 metres above the centreline grade of the intersecting street in
the triangular area bounded by the railway and the street line and a line from the points
along such railway and such street line distant 50 metres from the point of the intersection
thereof.
4.42.4
Where such railway intersection is unprotected, the sighting triangle will be increased to
90 metres along the street line, and a distance of 400 metres measured along the railway or
a distance required by Transport Canada.
4.43
SPECIAL USES
Nothing in this By-law shall prevent the use of land or the use or erection of a building or
structure for:
a)
A carnival, circus or festival or other public gathering, each of which is held not
more than twice per year, in an Institutional, Agricultural, or Open Space Zone; or
b)
A farmer's market held not more than two (2) days per week in any zone other
than UR or SR.
4.44
STREET FRONTAGE OF BUILDING LOTS
Except as hereinafter provided in this By-law, no person shall erect a building or structure
and no person shall use any land, building, or structure, unless the lot or parcel to be so
used or upon which the building is situated, erected or proposed to be erected abuts or
fronts on a public street or public road, and is maintained by such authority in such a
manner so as to permit its use by vehicular traffic, provided that a building or structure
may be erected on a lot within a registered plan of subdivision in accordance with the
provisions of a subdivision agreement in respect of such plan of subdivision,
notwithstanding that the streets within such plan of subdivision have not been assumed
and are not being maintained by the Township.
4.45
STRUCTURES IN WATER
No person shall erect, alter or use any structure located in a navigable watercourse, except
in compliance with the Beds of Navigable Waters Act, the Lakes and Rivers
Improvement Act, the Navigable Waters Act or other applicable Act or legislation as
amended from time to time.
4.46
SWIMMING POOLS
The following regulations shall apply with respect to the erection or use of a swimming
pool, which is not enclosed or otherwise located within a building:
a)
A swimming pool is permitted as an accessory use in any zone;
ZONING BY-LAW 28/2006 As Amended
4-24
b)
A swimming pool shall not contribute to lot coverage as regulated in any zone of
this By-law;
c)
A swimming pool shall not be located in any yard other than an interior side yard
or a rear yard;
d)
No part of a swimming pool shall be located closer than one (1.0) metre to any
lot line;
e)
No part of a swimming pool shall exceed a height of two (2.0) metres, exclusive of
related structures which shall not exceed a height of four (4.0) metres;
f)
All pools shall comply with Township Fence By-law.
4.47
TEMPORARY USES
Notwithstanding any other provisions of this By-law, uses such as a construction camp or
other such temporary work camp, a tool shed, mobile home, shipping container, scaffold,
sign or other building incidental to construction are permitted in any zone provided that:
a)
Such uses or buildings are used only as long as same are necessary for work in
progress which has neither been finished nor abandoned, or a period of one year
whichever is less, and all buildings and structures shall be setback at least 1.2
metres from all property lines.
b)
Such uses or buildings are removed when the work for which they were permitted
is terminated.
c)
Where a new single detached dwelling is being constructed to replace an existing
single detached dwelling on the same lot, the existing dwelling may continue to be
used during the construction of the new residence. The existing dwelling must be
removed within 60 days of the occupancy being issued for the new dwelling, but
in no case shall the existing dwelling remain on the property longer than a period
of 18 months from the time of building permit issuance for the new dwelling.
d)
The Township of Wellesley shall require a deposit of a sum sufficient in the
opinion of the Chief Building Official to cover the costs of demolition and site
restoration of such existing dwelling by the Township in the event the existing
dwelling is not demolished within the time stipulated above.
e)
The owner shall enter into a demolition agreement with the Township to cover
such matters as deemed appropriate by the Township regarding occupancy and
removal of the existing residence in accordance with the requirements of this by-
law.
f)
Where a building or structure is destroyed by natural causes, such uses are
permitted in accordance with this By-law
4.48
TRUCK, BUS AND COACH BODIES OR TRAVEL TRAILERS, TRUCK
CAMPERS, MOTOR HOMES OR TENTS USED FOR HUMAN OCCUPANCY
4.48.1
Except as expressly permitted by this By-law; no truck, bus, coach or streetcar body shall
be used for human occupancy within the Township whether or not the same is mounted on
wheels;
ZONING BY-LAW 28/2006 As Amended
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4.48.2
No travel trailer, truck camper, motor home, or tent shall be used for the living, sleeping
or eating accommodation of persons within the Township for more than thirty (30) days
per year unless such travel trailer, truck camper, or motor home is located in a campground
licensed by the Township, and provided, however, that this provision shall not prevent the
use of tents or trailers for children's play or for picnics or for the occasional
accommodation of guests for not more than seven (7) days per year in any Residential
Zone.
4.49
USE OF YARDS ON LANDS WITHOUT BUILDINGS
Where land is used for or in connection with residential, commercial, industrial, or
institutional uses but without any buildings or structures therein, all yards required by this
By-law on a lot in the respective use zone shall be provided and maintained as yards and
the applicable regulations shall apply, except where the land or lot is used for gardening
or open space purposes not prohibited by this By-law in such use zone.
4.50
VEHICLES, DERELICT MOTOR
No land in any zone shall be used for the purposes of storing and/or salvaging of derelict
motor vehicles unless such land:
a)
Is licensed under the Municipal Act, as amended or revised from time to time, as
a salvage yard and is specifically zoned to permit such use; or
b)
Constitutes a waste disposal site which has a certificate of approval for such
purposes under the Environmental Protection Act, as amended or revised from
time to time and is specifically zoned to permit such use; or
c)
Constitutes an accessory use to a public garage;
d)
Is enclosed in a building.
4.51
WAYSIDE PITS AND QUARRIES AND PORTABLE ASPHALT PLANTS
Wayside pits and quarries and portable asphalt plants shall be permitted in all zone
categories without amendment to the Zoning By-law, except zones that are established to
recognize existing development or areas of particular environmental sensitivity upon which
wayside pits may be prohibited.
4.52
WASTE DISPOSAL SITES, DEVELOPMENT OF CLOSED
Section 45 of the Environmental Protection Act prohibits the use of a waste site for any
type of development for a period of 25 years after closure. Notwithstanding any other
provisions of this By-law the properties identified herein will be prohibited from
development of buildings and structures until such time as deemed permissible by the
Ontario Ministry of the Environment.
4.53
WELLS, PRIVATE
Notwithstanding anything else in this By-law, a private well shall not be permitted as a
primary or accessory structure on any lands within the limits of the Township of
Wellesley where a municipal water distribution system is available within the road right-
of-way abutting the property. This regulation shall not apply to a:
ZONING BY-LAW 28/2006 As Amended
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a) Well which exists prior to the date of the passing of this By-law;
b) Well which is installed for the purposes of environmental site remediation, water
monitoring, or site de-watering; or
c) Property used for non-residential purposes which, as of the date of the passing of
this By-law, relies upon a private well for purposes other than human consumption
such as irrigation, cooling, or manufacturing purposes.
4.54
YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES
No part of a yard or other open space required abutting any building for the purpose of
complying with the provisions of this By-law shall be included as part of a yard or other
open space similarly required for another building.