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ZONING BY-LAW 28/2006 As Amended
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TOWNSHIP OF WELLESLEY
ZONING BY-LAW No. 28/2006
A By-law to regulate the use of land, and the character, location and use of buildings and structures in the
Township of Wellesley
WHEREAS the Council of the Corporation of the Township of Wellesley deems it necessary to enact a
Zoning By-law;
NOW THEREFORE the Council of the Corporation of the Township of Wellesley, pursuant to the
Planning Act, and all other powers thereunto enabling, enacts as follows:
SECTION 1
INTERPRETATION AND ADMINISTRATION
1.1
TITLE
This By-law shall be known as the "Zoning By-law" of the Corporation of the Township
of Wellesley.
1.2
APPLICATION
The provisions of this By-law shall apply to all lands within the boundaries of the
Corporation of the Township of Wellesley as legally constituted.
1.3
SCOPE
No land shall be used and no buildings or structures shall be erected, altered, or used
within the Township of Wellesley except in accordance with the provisions of this By-
law and except as permitted by this By-law.
1.4
MINIMUM REQUIREMENTS
In interpreting and applying the provisions of this By-law, they are held to be the
minimum requirements for the promotion of the health, safety, comfort, convenience, and
general welfare of the inhabitants of the Township.
1.5
NUMBER AND GENDER
In this By-law, unless the contrary intention appears otherwise, words imparting the
singular number or the masculine gender only shall include more persons, parties, or
things of the same kind than one, and females as well as males, and the converse.
1.6
ADMINISTRATION
This By-law shall be administered by the Director of Planning or such other person as the
Council of the Corporation of the Township of Wellesley designates.
ZONING BY-LAW 28/2006 As Amended
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1.7
INSPECTION OF PREMISES
The By-law Enforcement Officer or Chief Building Official or any other person acting
under the direction of Council may at any reasonable hour, enter and inspect a property or
premises where there is reason to believe that any land has been used or any building or
structure has been erected, altered, or enlarged, or used in violation of any of the
provisions of this By-law.
1.8
APPLICATION FOR BUILDING PERMITS
In addition to all other requirements of the Ontario Building Code or any other building
code or building By-law, every applicant for a building permit shall file with his/her
application a plan, in duplicate, drawn to scale, in metric, showing the true dimensions of
the lot proposed to be built upon or otherwise developed, the proposed location, grade,
height and dimensions of the building or work in respect of which the permit is applied
for and the location on such lot of every existing building, together with a statement,
signed by the owner, disclosing the exact use proposed for each building aforesaid and
giving all information necessary to determine whether or not such building and the
proposed use thereof conform with the requirements of this By-law.
1.9
BUILDINGS TO BE MOVED
No building, residential or otherwise shall be moved within the limits of the Township or
shall be moved into the Township from outside, without a permit from the Chief Building
Official.
1.10
LICENSES AND PERMITS
No municipal permit, certificate, or license shall be issued where the said permit is
required for a proposed use of land or a proposed erection, alteration, enlargement or use
of any building or structure that is in violation of any provisions of this By-law.
1.11
VIOLATIONS AND PENALTIES
Every person who contravenes this By-law is guilty of an offence and on conviction is
liable on a first conviction to a fine of not more than $25,000.00; and on a subsequent
conviction to a fine not more than $10,000.00 for each day or part thereof upon which the
contravention has continued after the day on which the person was first convicted. Where,
however, a corporation is convicted, the maximum penalty that may be imposed is, on a
first conviction, a fine of not more than $50,000.00; and on a subsequent conviction a fine
of not more than $25,000.00 for each day thereof upon which the contravention has
continued after the day on which the corporation was first convicted, as prescribed by the
Planning Act, as amended.
1.12
REMEDIES
Where any building is or is proposed to be erected, altered, reconstructed, extended or
enlarged, or any building or part thereof is or is proposed to be used, or any land is or is
proposed to be used, in contravention of the provisions of this By-law, the same may be
restrained by action at the instance of any ratepayer, or of the Council of the Township of
Wellesley pursuant to the provisions of the Planning Act, as amended from time to time.
ZONING BY-LAW 28/2006 As Amended
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1.13
REPEAL OF EXISTING BY-LAWS
From the coming into force of this By-law all previous By-laws passed under Section 34
of the Planning Act, or a predecessor thereof, shall be deemed to have been repealed
except to the extent that any of the said By-laws prohibits the use of any land, building or
structure for a purpose that is also prohibited by this By-law.
1.14
APPLICATION OF OTHER BY-LAWS
Nothing in this By-law shall serve to relieve any person from the obligation to comply
with the requirements of the Building By-law or any other By-law of the Township in
force from time to time or the obligation to obtain any license, permit, authority or
approval required under any By-law of the Township.
1.15
VALIDITY
Should any section, clause or provision of this By-law be held by a court of competent
jurisdiction to be invalid, the validity of the remainder of this By-law shall not be
affected.
1.16
IMPERIAL MEASUREMENTS
In this By-law, wherever an imperial measurement appears, such number is for the
clarification purposes only, and does not represent part of this By-law.
1.17
EFFECTIVE DATE
This By-law shall come into force:
a)
Where no notice of objection has been filed with the Municipal Clerk within the
time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration
of the prescribed time; or
b)
Where notice of objection has been filed with the Municipal Clerk within the
time prescribed by the Planning Act and regulations pursuant thereto, upon the approval
of the Ontario Municipal Board.
1.18
ILLUSTRATIONS
Any illustrations included in this by-law are provided for information to assist in the
interpretation of the Zoning By-law, however, do not form part of the By-Law.