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ZONING BY-LAW 2015-36
Consolidated Version
January 2026
Municipality of West Elgin
Monteith Brown Planning Consultants
London, ON
Amendments
Zoning By-Law No. 2015-36
Municipality of West Elgin
By-Law
No.
Appl. No.
Date
Adopt
Applicant
Location
Zone
Mp
Remarks
1
2015-33
25/06/15
Pt Lot 9
Concession VIII
To A3
A-48 Surplus farm dwelling
2
2015-34
25/06/15
Pt Lot 8
Concession VII
To RR
A-37 Rural residential lot
addition
3
2015-72
22/10/15
Pt Lot 24
Concession VIII
To A3 &
A2
A-52 Surplus farm dwelling
4
2015-78
26/11/15
Pt Lot 7
Concession Gore
To C3-1 A-37 Salvage yard
5
2015-86
17/12/15
Pt Lot 7
Concession X
To A3-3
&A2
A-56 Surplus farm dwelling
6
2016-07
28/01/16
Pt Lot 4
Concession XIV
To LR
A-75 Severance of dwelling
7
2016-10
P 1/16
11/02/16
Pt Lot 21
Concession B ED
To A3 &
A2
A-13 Surplus farm dwelling
8
2016-30
P 2/16
28/04/16
Pt Lot 1
Concession 2
To HR-2 D
Conversion to dwelling
9
2016-49
P 3/16
21/07/16
Pt Lot 8
Concession VII
To A3-4
& A2
A-37 Surplus farm dwelling
10 2016-60
P 4/16
22/09/16
Lot 7 Block B
Plan 75
To C1-2 C-2
Animal clinic
11 2016-61
P 5/16
22/09/16
Lot 12
Concession V
To A3 &
A2
A-28 Surplus farm dwelling
12 2016-62
P 6/16
22/09/16
Pt Lot 8
Concession XIII
To A3 &
A2
A-80 Surplus farm dwelling
13 2016-63
P 7/16
22/09/16
Pt Lots 10 & 11
Concession VI
To A3 &
A2
A-27 Surplus farm dwelling
14 2016-65
P 8/16
13/10/16
Pt Lot 11
Concession 2
To A1-5 A-8
Non-Addiction
Wellness Facility
15 2016-76
P 9/16
24/11/16
Pt Lot 19
Concession 12
To C2-1 E
Microbrewery and
retail store
16 2016-73
P 10/16
24/11/16
Pt Lot 3
Concession 2
To A1
A-5
Farm lot addition
17 2016-75
P 11/16
24/11/16
Pt Lot 3
Concession 2
To RR
A-5
Rural residential lot
addition
18 2016-81
P 12/16
15/12/16
Pt Lot 13
Concession 13
To
Tempora
ry use
A-78 Temporary use - not in
effect until agreement
is entered into
19 2017-05
P 1/17
26/01/17 Trybel
Pt Lot 3
Concession VII
To A3 &
A2
A-36 Surplus farm dwelling
20 2017-41
P 2/17
25/05/17 Lakeview Ald
Pt Lots 4 &5
Concession XIV
To LR-1-
H-7
A-75 Lakeshore residential
use with holding
21 2017-61
P 3/17
14/09/17 Webber
N/A
Text change to A1-5
22 2017-64
P 4/17
28/09/17 Bonnefield
Pt Lot 12
Concession IX
To A3 &
A2
A-49 Surplus farm dwelling
23 2017-65
P 5/17
28/09/17 Johnston
Pt Lot 12
Concession III
To A3
A-18 Residential lot addition
24 2017-73
P 6/17
12/10/17 Schleihauf
Pt Lot 7
Concession VI
To A3 &
A2
A-26 Surplus farm dwelling
25 2017-77
P 7/17
26/10/17 N. McColl
Pt Lot D
Concession VII
To A3 &
A2
A-35 Surplus farm dwelling
26 2017-78
P 8/17
26/10/17 N. McColl
Pt Lot D
Concession VII
To A3 &
A2
A-35 Surplus farm dwelling
27 2017-79
P 9/17
26/10/17 D. McColl
Pt Lot D
Concession VII
To A3 &
A2
A-35 Surplus farm dwelling
28 2017-88
P 10/17
21/12/17 Krebs
Pt Lot 24
Con. 4 ED
To A3 &
A2
A-42 Surplus farm dwelling
29 2018-38
P 1/18
24/05/18 Dampsy
Pt Lots 8&9
Concession 14
To LR
A-76
& 77
Lakeshore residential
lot creation
30 2018-50
P 2/18
28/06/18 Szewczyk
Pt Lot 10
Concession 9
To A3 &
A2
A-48 Surplus farm dwelling
31 2018-51
P 3/18
28/06/18 Buis
Pt Lot 21
Con. 3 ED
To A3 &
A2
A-31 Surplus farm dwelling
32 2018-61
P 4/18
19/07/18 Prey
Pt Lot 22
Concession 10
To RR
A-61 Residential lot line
adjustment
33 2018-73
P 5/18
27/09/18 Kalita
Lot 21
Concession 13
To A3 &
A2
A-81 Surplus farm dwelling
34 2018-74
P 6/18
27/09/18 Vanderploeg
Pt Lot 17
Concession 10
To A3 &
A2
A-60 Surplus farm dwelling
35 2018-75
P 7/18
27/09/18 Santos
Pt Lot 17
Concession 9
To R1 &
R1-6
A-5
Residential lot creation
36 2018-76
P 8/18
27/09/18 McMurchy
Lot 19
Concession 1
To A3&
A2
A-20 Surplus farm dwelling
37 2019-09
P 10/18
24/01/19 Murray
Pt Lot B
Concession 10
To A3 &
A2
A-53 Surplus farm dwelling
38 2019-16
P 1/19
14/02/19 Barfett
Pt Lot 8
Concession 7
To RR
A-37 Residential lot addition
39 2019-45
P 2/19
09/05/19 Vanderloo
Pt Lot 9
Concession 7
To A3-5
& A2
A-38 Surplus farm dwelling
40 2019-54
P 3/19
13/06/19 Brown
Pt Lot 21
Concession 10
To A3 &
A2
A-61 Surplus farm dwelling
41 2019-61
P 4/19
18/07/19 Pioneer Hay
Pt Lot 24
Con. 4 ED
To A3 &
A2
A-42
& 43
Surplus farm dwelling
42 2019-68
P 5/19
08/08/19 Housekeep.
43 2019-67
P 7/19
08/08/19 2111878 On.
Pt. Lot 9
Con. 5 WD
To A3 &
A2
A-27 Surplus farm dwelling
44 2019-93
P 8/19
28/11/19 S. Swain
Pt. Lt.18, Con.13,
Pt. 1
To HR
E
Residential lot
45 2019-94
P 9/19
28/11/19 D. Swain
Pt. Lt. 18,
Con.13, Pt. 2
To HR
E
Residential lot
46 2019-92
P 10/19
28/11/19 Krzyworaczka/
Tedford
Pt. Lt. 16, Con. 9 To RR
A-50 Rural residential lot
addition
47 2019-98
P 11/19
19/12/19 VandenDries
Pt. Lt. 17, Con. 2 To A3 &
A2
A-30 Surplus farm dwelling
48 2020-07
P 12/19
09/01/20 Lakeview
Pt. Lts. 4&5,
Con.14
To LR
A-75 Lakeshore residential
lot
49 2020-17
D14 01-2020 13/02/20 Vergeer
Pt. Lt.15, Con. 11 To A3 &
A2
A-59 Surplus farm dwelling
50 2020-26
D14 02-2020 12/03/20 Murray
Pt. Lt.Z, Con. A
ED
To A3 &
A2
A-23 Surplus farm dwelling
51 2020-57
D14 03-2020 13/08/20 Schweitzer
Pt. Lt.C&D, Con.9To A3 &
A2
A-45 Surplus farm dwelling
52 2020-72
D14 04-2020 08/10/20 Housekeeping
- text and
mapping
changes
Pt.Lt.2 Con 6WD To A3
To A1
To A3
To A1
&A3
To A3
A-25
A-30
A-48
A-57
A-69
Rural residential lot
Farm lot
Residential lot
Fix zoning
Fix zoning
Pt.Lt.17 Con 2ED
Pt.Lt.9 Con 8
Pt.Lt.10 Con 11
Pt.Lt.14 Con 12
53 2020-69
D14 05-2020 24/09/20 571419 ON Ltd.Pt.Lt.D Con 9
To RR
&A2
A-45 Surplus farm dwelling
54 2020-89
D14 06-2020 26/11/20 The Andersons Pt. Lt.1 Con 8
To M2-3 A-45 Agri-related severance
55 2021-15
07/2020
Feb25/21
Santo/Nagy
24801 Pioneer
FD-R1
5
Lot Add
56 2020-95
08/2020
Dec17/20
Veldman
26951 Downie
A1-A2/A3 43
Surplus
57 2021-43
01/2021
Jun24/21
Rachidi
257 Graham
I-R3 H-3 3
Convers.
58 2021-48
02/2021
Aug19/21 Parazonvic
Furnival
A1-RR
37
Lots
59 2022-06
03/2021
Feb10/22
Falkin
Victoria
I-R3-2
3
Convers
60 2022-18
01/2022
WE
Housekeeping
61 2022-09
02/2022
Feb24/22
Hay
21394 Johnston
A1-
A2/A3-6
7
Surplus
62 2022-22
03/2022
Apr28/22
Downie
Downie Line
A1-A2/A3 36
Surplus
63 2022-23
04/2022
Apr28/22
Robinson
Stalker Line
A1-A2/A3 32
Surplus
64 2022-32
05-2022
May12/22 Tim's
Munroe/Grah
OS-C1-3 2
Comm
65 2022-24
06-2022
Apr28/22
Lamb
Marsh Line
A1-A3
53
66 2022-36
07-2022
May26/22 Arvai
Ridge St
R1-H-1 -
R3-2
6
Convers
08-2022
REFUSED
Miller
Thomson
A2/A1
67 2022-37
09-2022
May26/22 OFSG
Jane St
OS-R3 H-3 2
Convers
68 2022-46
10-2022
July 21/22 Larch Lane
Silver Clay Line
A1-A2/RR 72
Surplus
69 2022-68
11-2022
Nov24/22 Dieker
Argyle Line
A1-A2/A3 40
Surplus
70 2023-06
12-2022
Jan 26/23 Nitra/Morley
Gray Line
LR-RVP
75
Lot Add
71 2023-07
13-2022
Jan26/23
509692 Ont
Furnival
C1-C1-3
3
Other
72 2023-08
14-2022
Jan26/23
Liddy
Downie Line
A1-A1-
6/C3
37
Lot Add
73 2023-17
1-2023
Feb23/23
Gascho
Beattie Line
A1-A1-7 10
AGRelated
74
2-2023
KLM
Pioneer
SubD
75 2024-11
3-2023
Feb824
2740305 Ont Ltd Jane St
R3-H-R3 2
SubD
76 2023-68
4-2023
July 20/23 V & V Enterp
Furnival
RR-H/R3-
3
37
SubD
77 2023-46
5-2023
Jun8/23
Stoll
Fleming Line
A1-A1-8 2
AgRelated
78 2023-39
6-2023
May25/23 VanLith
Clachan Rd
A1-
A2/A3-6
14
Surplus
79 2023-47
7-2023
Jun8/23
Battersby
Crinan Line
A1-A2/A3 30
Surplus
80 2023-65
8-2023
Jul 20/23
Miller
Thomson Line
A2-
A1/A1-A2
53/
56
Other
81 2023-53
9-2023
Jun22/23
Simon
Pioneer Line
A1-A1-9 50
AgRelated
82 2023-66
10-2023
Jul 20/23
Hope Harb
Havens Lake
SEE BY-
LAW
G
Subd
83 2023-48
11-2023
Jun8/23
Knight
Pioneer Line
A1-
A2/A3-7
44
Surplus
84 2023-74
12-2023
Oct 12/23 DonWest
Finney St
FR-R2-1
2
SubD
85 2023-64
13-2023
Jul20/23
Johnston
Colley Rd
A2/A3
29
Surplus
86 2023-67
14-2023
Jul20/23
El-Rachidi
Graham
H-REMOV 3
Other
87 2023-73
15-2023
Aug10/23 Jensen/Veldman Pioneer
A2/RR
43
Surplus
88 2023-88
16-2023
Oct 12/23 Forbestfarm
Kintyre
A2/A3
17
Surplus
89
17-2023
Uniek Holdings Munroe
90 2023-90
18-2023
Oct 12/23 Schouten
Crinan
A2/A3
33
Surplus
91 2023-89
19-2023
Oct 12/23 McCallum
McMurchy
A2/A3
22
Surplus
92 2023-95
20-2023
Oct 26/23 Branas
Gray Line
LD/LD-1 79
Other
93 2023-105
21-2023
Dec 21/23 Marsh Line
Development
Marsh Line
R1-H-
1/R1-9
5
Subd
94 2024-04
22-2023
Jan 25/24 Kuranyi
Pioneer Line
A2-A3
49
Surplus
95 2024-21
1-2024
Mar 14/24 Ratajczak
Gray Line
LR-H-LR
77
Other
96 2024-39
2-2024
May 23/24 Aldred
Dunborough
A1-A1-10 13
AgRelated
97 2024-53
5-2024
Jul 18/24
AgInvest
Pioneer
A1-A2-
1/A3-9
44
Surplus
98 2024-59
7-2024
Aug 15/24 Jen-Veld
Queens Line
A1/A2/A3 41
Surplus
99 2025-11
1-2025
Feb 27/25 Kovacs/
Vanderloo
Queens Line
A1-RR
37
Lots
100 2025-23
2-2025
May 8/25
Vergeer
Jane St.
R2/R3
B-3
Correction
101 2025-26
3-2025
May 22/25 Creeks Edge
Marsh Line
R1-9
C-5
Update
102 2025-27
4-2025
May 22/25 McCallum
Crinan
A1-A2/A3 31
Surplus
103 2025-44
5-2025
Aug 14/25 Zylstra
Crinan
A1-A2/A3 30
Surplus
104 2025-49
6-2025
Sept 11/25 Okolisan-Logel
McDougall
A1-A2/A3 28
Surplus
105 2025-52
8-2025
Sept 25/25 Zylstra
Graham
A1-
A2/A3-10
31
Surplus
106 2025-53
9-2025
Sept 25/25 Kelly-Toth
Pioneer
A1-A1-
11/FR
47
Other
107 2025-65
10-2025
Dec 18/25 Hadash/Arvai
Furnival
A1-
M1/A1-12
37
Lot Addition
BOLD DENOTES DUPLICATE TO AMEND THROUGH HOUSEKEEPING BY-LAW
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
P a g e | 1
TABLE OF CONTENTS
SECTION 1.
INTERPRETATION & ADMINISTRATION ............................................................ 4
1.1
TITLE ................................................................................................................................................................. 4
1.2
LANDS AFFECTED ........................................................................................................................................... 4
1.3
SCOPE .............................................................................................................................................................. 4
1.4
INTERPRETATION ............................................................................................................................................ 4
1.5
MEASUREMENTS ............................................................................................................................................. 4
1.6
MUNICIPAL LICENSES AND PERMITS ............................................................................................................ 5
1.7
LOWER THAMES VALLEY CONSERVATION AUTHORITY ............................................................................. 5
1.8
VIOLATIONS AND PENALTIES ........................................................................................................................ 5
1.9
REMEDIES ........................................................................................................................................................ 5
1.10
APPLICATION OF OTHER LEGISLATION ........................................................................................................ 5
1.11
VALIDITY ........................................................................................................................................................... 6
SECTION 2.
DEFINITIONS ....................................................................................................... 7
SECTION 3.
ZONES AND ZONING MAPS ............................................................................. 30
3.1
ESTABLISHMENT OF ZONES ........................................................................................................................ 30
3.2
USE OF ZONE SYMBOLS ............................................................................................................................... 30
3.3
HOLDING SYMBOLS ...................................................................................................................................... 31
3.4
COMPOUND ZONES ...................................................................................................................................... 32
3.5
MULTIPLE ZONES .......................................................................................................................................... 32
3.6
SITE- SPECIFIC ZONES ................................................................................................................................. 32
3.7
INTERPRETATION OF ZONE BOUNDARIES ................................................................................................ 33
SECTION 4.
GENERAL PROVISIONS .................................................................................... 34
4.1
ACCESSORY USES, BUILDINGS AND STRUCTURES ................................................................................. 34
4.2
TEMPORARY BUILDINGS AND CONSTRUCTION USES ............................................................................. 34
4.3
ENCLOSURES ................................................................................................................................................ 35
4.4
ESTABLISHED BUILDING LINES ................................................................................................................... 35
4.5
EXISTING LOTS .............................................................................................................................................. 35
4.6
EXPLORATION AND/OR PRODUCTION OF OIL AND NATURAL GAS......................................................... 35
4.7
EXPROPRIATION AND DEDICATIONS .......................................................................................................... 35
4.8
FRONTAGE ON A PUBLIC ROAD .................................................................................................................. 36
4.9
FRONT LOT LINES AND HIGHWAY NO. 401 ................................................................................................. 36
4.10
HAZARD LANDS ............................................................................................................................................. 36
4.11
HEIGHT EXEMPTIONS ................................................................................................................................... 36
4.12
SETBACKS FROM MUNICIPAL DRAINS ....................................................................................................... 36
4.13
NON-COMPLYING BUILDINGS AND STRUCTURES ON EXISTING LOTS .................................................. 36
4.14
NON-CONFORMING USES ............................................................................................................................ 36
4.15
MINIMUM SETBACKS FROM COUNTY ROADS ............................................................................................ 37
4.16
OIL AND GAS WELLS ..................................................................................................................................... 37
4.17
OUTDOOR FURNACES .................................................................................................................................. 37
4.18
PARKING REGULATIONS .............................................................................................................................. 37
4.19
PROHIBITED USES ........................................................................................................................................ 40
4.20
PUBLIC USES ................................................................................................................................................. 40
4.21
RESIDENTIAL DRIVEWAYS ........................................................................................................................... 40
4.22
SECOND RESIDENTIAL UNITS...................................................................................................................... 40
4.23
SCHOOL BUS HUTS OR SHELTERS ............................................................................................................. 41
4.24
SEWAGE TREATMENT FACILITIES .............................................................................................................. 41
4.25
SHIPPING CONTAINERS and STORAGE CONTAINERS .............................................................................. 41
4.26
SIGHT TRIANGLES ......................................................................................................................................... 41
4.27
WAYSIDE PITS, QUARRIES, PORTABLE ASPHALT PLANTS, PORTABLE CONCRETE PLANTS ............. 41
4.28
WETLANDS ..................................................................................................................................................... 41
4.29
YARD ENCROACHMENTS AND OBSTRUCTIONS........................................................................ . 42
4.30
RETAIL SALE OF CANNABIS ......................................................................................................................... 42
4.31
LIGHTING FACILITIES .................................................................................................................................... 42
SECTION 5.
GENERAL AGRICULTURAL (A1) ZONE............................................................ 43
5.1
GENERAL USE REGULATIONS ..................................................................................................................... 43
5.2
SPECIAL USE REGULATIONS ....................................................................................................................... 44
5.3
SITE-SPECIFIC ZONES .................................................................................................................................. 45
SECTION 6.
AGRICULTURAL (A2) ZONE.............................................................................. 48
6.1
GENERAL USE REGULATIONS ..................................................................................................................... 48
6.2
SPECIAL USE REGULATIONS ....................................................................................................................... 49
6.3
SITE-SPECIFIC ZONES .................................................................................................................................. 49
SECTION 7.
RESTRICTED AGRICULTURAL (A3) ZONE ...................................................... 50
7.1
GENERAL USE REGULATIONS ..................................................................................................................... 50
7.2
SPECIAL USE REGULATIONS ....................................................................................................................... 51
7.3
SITE-SPECIFIC ZONES .................................................................................................................................. 52
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
P a g e | 2
SECTION 8.
RESIDENTIAL FIRST DENSITY (R1) ZONE ....................................................... 54
8.1
GENERAL USE REGULATIONS ..................................................................................................................... 54
8.2
SPECIAL USE REGULATIONS ....................................................................................................................... 55
8.3
SITE-SPECIFIC ZONES .................................................................................................................................. 55
SECTION 9.
RESIDENTIAL SECOND DENSITY (R2) ZONE .................................................... 58
9.1
GENERAL USE REGULATIONS ..................................................................................................................... 58
9.2
SPECIAL USE REGULATIONS ....................................................................................................................... 59
9.3
SITE-SPECIFIC ZONES .................................................................................................................................. 59
SECTION 10.
RESIDENTIAL THIRD DENSITY (R3) ZONE ...................................................... 60
10.1
GENERAL USE REGULATIONS ..................................................................................................................... 60
10.2
SPECIAL USE REGULATIONS ....................................................................................................................... 61
10.3
SITE-SPECIFIC ZONES .................................................................................................................................. 61
SECTION 11.
RURAL RESIDENTIAL (RR) ZONE .................................................................... 64
11.1
GENERAL USE REGULATIONS ..................................................................................................................... 64
11.2
SPECIAL USE REGULATIONS ....................................................................................................................... 64
11.3
SITE-SPECIFIC ZONES .................................................................................................................................. 65
SECTION 12.
HAMLET RESIDENTIAL (HR) ZONE ................................................................. 66
12.1
GENERAL USE REGULATIONS ..................................................................................................................... 66
12.2
SPECIAL USE REGULATIONS ....................................................................................................................... 66
12.3
SITE-SPECIFIC ZONES .................................................................................................................................. 67
SECTION 13.
LAKESHORE RESIDENTIAL (LR) ZONE ............................................................. 68
13.1
GENERAL USE REGULATIONS ..................................................................................................................... 68
13.2
SPECIAL USE REGULATIONS ....................................................................................................................... 68
13.3
SITE-SPECIFIC ZONES .................................................................................................................................. 69
SECTION 14.
SEASONAL RESIDENTIAL (SR) ZONE ............................................................. 71
14.1
GENERAL USE REGULATIONS ..................................................................................................................... 71
14.2
SPECIAL USE REGULATIONS ....................................................................................................................... 71
14.3
SITE SPECIFIC ZONES .................................................................................................................................. 71
SECTION 15.
FUTURE RESIDENTIAL (FR) ZONE .................................................................. 72
15.1
GENERAL USE REGULATIONS ..................................................................................................................... 72
15.2
SPECIAL USE REGULATIONS ....................................................................................................................... 72
15.3
SITE-SPECIFIC ZONES .................................................................................................................................. 72
SECTION 16.
VILLAGE CORE (C1) ZONE ............................................................................... 73
16.1
GENERAL USE REGULATIONS ..................................................................................................................... 73
16.2
SPECIAL USE REGULATION ......................................................................................................................... 74
16.3
SITE-SPECIFIC ZONES .................................................................................................................................. 75
SECTION 17.
HAMLET COMMERCIAL (C2) ZONE ................................................................. 76
17.1
GENERAL USE REGULATIONS ..................................................................................................................... 76
17.2
SPECIAL USE REGULATIONS ....................................................................................................................... 76
17.3
SITE-SPECIFIC ZONES .................................................................................................................................. 77
SECTION 18.
HIGHWAY COMMERCIAL (C3) ZONE ............................................................... 78
18.1
GENERAL USE REGULATIONS ..................................................................................................................... 78
18.2
SPECIAL USE REGULATIONS ....................................................................................................................... 79
18.3
SITE-SPECIFIC ZONES .................................................................................................................................. 79
SECTION 19.
TOURIST COMMERCIAL (TC) ZONE ................................................................ 80
19.1
GENERAL USE REGULATIONS ..................................................................................................................... 80
19.2
SPECIAL USE REGULATION ......................................................................................................................... 80
19.3
SITE-SPECIFIC ZONES .................................................................................................................................. 81
SECTION 20.
GENERAL INDUSTRIAL (M1) ZONE ................................................................. 83
20.1
GENERAL USE REGULATIONS ..................................................................................................................... 83
20.2
SPECIAL USE REGULATIONS ....................................................................................................................... 84
20.3
SITE-SPECIFIC ZONES .................................................................................................................................. 84
SECTION 21.
FARM INDUSTRIAL (M2) ZONE ......................................................................... 85
21.1
GENERAL USE REGULATIONS ..................................................................................................................... 85
21.2
SPECIAL USE REGULATIONS ....................................................................................................................... 85
21.3
SITE-SPECIFIC ZONES .................................................................................................................................. 86
SECTION 22.
RURAL INDUSTRIAL (M3) ZONE ....................................................................... 87
22.1
GENERAL USE REGULATIONS ..................................................................................................................... 87
22.2
SPECIAL USE REGULATIONS ....................................................................................................................... 87
22.3
SITE-SPECIFIC ZONES .................................................................................................................................. 88
SECTION 23.
EXTRACTIVE INDUSTRIAL (M4) ZONE ............................................................ 89
23.1
GENERAL USE REGULATIONS ..................................................................................................................... 89
23.2
SPECIAL USE REGULATIONS ....................................................................................................................... 89
23.3
SITE-SPECIFIC ZONES .................................................................................................................................. 89
SECTION 24.
INSTITUTIONAL (I) ZONE .................................................................................. 90
24.1
GENERAL USE REGULATIONS ..................................................................................................................... 90
24.2
SPECIAL USE REGULATIONS ....................................................................................................................... 91
24.3
SITE-SPECIFIC ZONES .................................................................................................................................. 91
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SECTION 25.
OPEN SPACE (OS) ZONE ......................................................................................... 93
25.1
GENERAL USE REGULATIONS ..................................................................................................................... 93
25.2
SPECIAL USE REGULATIONS ....................................................................................................................... 93
25.3
SITE-SPECIFIC ZONES .................................................................................................................................. 94
SECTION 26.
RECREATIONAL VEHICLE PARK (RVP) ZONE ............................................... 96
26.1
GENERAL USE REGULATIONS ..................................................................................................................... 96
26.2
SPECIAL USE REGULATIONS ....................................................................................................................... 96
26.3
SITE-SPECIFIC ZONES .................................................................................................................................. 97
SECTION 27.
CEMETERY (C) ZONE ........................................................................................ 98
27.1
GENERAL USE REGULATIONS ..................................................................................................................... 98
27.2
SPECIAL REGULATIONS ............................................................................................................................... 98
27.3
SITE-SPECIFIC ZONES .................................................................................................................................. 98
SECTION 28.
PUBLIC UTILITY (U) ZONE ................................................................................... 99
28.1
GENERAL USE REGULATIONS ..................................................................................................................... 99
28.2
SPECIAL USE REGULATIONS ....................................................................................................................... 99
28.3
SITE-SPECIFIC ZONES .................................................................................................................................. 99
SECTION 29.
FUTURE DEVELOPMENT (FD) ZONE ............................................................. 100
29.1
GENERAL USE REGULATIONS ................................................................................................................... 100
29.2
SPECIAL USE REGULATIONS ..................................................................................................................... 100
29.3
SITE-SPECIFIC ZONES ................................................................................................................................ 100
SECTION 30.
LAKESHORE DEVELOPMENT (LD) ZONE ..................................................... 101
30.1
GENERAL USE REGULATIONS ................................................................................................................... 101
30.2
SPECIAL USE REGULATIONS ..................................................................................................................... 101
30.3
SITE-SPECIFIC ZONES ................................................................................................................................ 101
SECTION 31.
ENACTMENT ................................................................................................... 102
31.1
CONFLICT WITH OTHER BY-LAWS............................................................................................................. 102
31.2
REPEAL OF EXISTING BY-LAWS ................................................................................................................ 102
31.3
MINOR VARIANCES AND PERMISSIONS ................................................................................................... 102
31.4
SEVERABILITY ............................................................................................................................................. 102
31.5
EFFECTIVE DATE ......................................................................................................................................... 102
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BY-LAW NO. 2015-36
ZONING BY-LAW
MUNICIPALITY OF WEST ELGIN
A By-law to regulate the use of land, and the character, location and use of buildings
and structures in the Municipality of West Elgin.
WHEREAS the Council of the Corporation of the Municipality of West Elgin deems it
expedient to implement the Official Plan of the Municipality of West Elgin; and
WHEREAS authority is granted to the Council of the Corporation of the Municipality of West
Elgin under Section 34 of the P lanning Act, R.S.O. 1990 to pass this By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
WEST ELGIN ENACTS AS FOLLOWS:
S ECTION 1. I IiINTERPRETATION & ADMINISTRATION
1.1
TITLE
This By-law shall be known as the "Municipality of West Elgin Zoning By-law".
1.2
LANDS AFFECTED
The provisions of this By-law shall apply to all land within the corporate limits of the
Municipality as now or hereafter legally constituted.
1.3
SCOPE
No land shall be used, no lot shall be altered, and no buildings or structures shall be erected,
altered, or used within the Municipality except in conformity with this By-law.
1.4
INTERPRETATION
Unless specified otherwise, the following shall apply throughout the text of this By-law:
a)
The particular shall supersede the general. Where a term or phrase is defined in general
terms in this By-law, it shall not be construed to mean any other term or phrase which is
more specifically defined herein unless it is specifically stated otherwise;
b)
If a use is not listed as a permitted use, it is deemed to be prohibited with the exception
of public uses as stipulated herein;
c)
The word "shall" is to be construed as mandatory and not discretionary;
d)
Unless the contrary intention specifically 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;
e)
A "building" or "structure" shall include any part or portion thereof;
f)
Any Act or Regulation of the Province referred to herein shall include any amendments
or revisions made thereto or any subsequent Act or Regulation enacted in place thereof.
g)
No amendment to this By-law shall be required in order for the Corporation to make
typographical changes or changes to section references, where in the opinion of the
Corporation, such corrections do not affect the intent of the By-law.
1.5
MEASUREMENTS
All standards of measurement applied in this By-law shall be subject to the normal rules of
rounding numbers, within the degree of precision specified by the number of digits following the
decimal point (if any), so that:
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a)
For a whole number, measurements of less than 0.5 shall be rounded downward to the
next whole unit;
b)
For a whole number, measurements of 0.5 and greater shall be rounded upward to the
next whole unit;
c)
For a number having one decimal place, measurements of less than 0.05 shall be
rounded downward to the next one-tenth unit;
d)
For a number having one decimal place, measurements of 0.05 and greater shall be
rounded upward to the next one-tenth unit;
e)
For numbers expressed as a ratio or as a percentage, rounding shall not be applied.
1.6
MUNICIPAL 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 this By-law.
1.7
LOWER THAMES VALLEY CONSERVATION AUTHORITY
Where lands lie within an area regulated by the Lower Thames Valley Conservation Authority
pursuant to Ontario Regulation 152/06, no building permit will be issued by the Municipality for
a building or structure in compliance with this By-law without permission having first been given
by the Authority.
1.8
VIOLATIONS AND PENALTIES
Every person, other than a corporation, 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 $20,000; and on a
subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon
which the contravention has continued after the day on which the person was convicted, the
maximum penalty that shall be imposed is, on a first conviction, a fine of not more than
$50,000; and, on a subsequent conviction, a fine of not more than $25,000 for each day or part
thereof upon which the contravention has continued after the day on which the corporation was
first convicted, as prescribed by the Planning Act.
1.9
REMEDIES
Where any building or structure is or is proposed to be erected, altered, reconstructed, extended
or enlarged, or any building or structure is, or is proposed to be used, in contravention of this
By-law, the same may be restrained by an action of any person or of the Municipality under the
Planning Act, the Municipal Act, or the Judicature Act.
Where a person or corporation, guilty of an offense under this By-law, has been directed to
remedy any violation and is in default of doing any matter or thing required, such matter or thing
shall be done at his or its expense. Where a person or corporation has refused or neglected to
reimburse the Municipality for the cost of such work, thing or matter done, the same may be
recovered by the Municipality in like manner as taxes.
1.10 APPLICATION OF OTHER LEGISLATION
Nothing in this By-law shall serve to relieve any person from the obligation to comply with the
requirements of the Ontario Building Code or any other by-law of the Municipality in force from
time to time or the obligation to obtain any license, permit, authority or approval required by the
Municipality or any other public authority or body and without limiting the generality of the
forgoing, shall include the Lower Thames Valley Conservation Authority and the Ministry of
Transportation in the following circumstances:
a) where lands lie within an area regulated by the Lower Thames Valley Conservation
Authority pursuant to Ontario Regulation 152/06 as shown on the Zone Maps, no use shall
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be established and no building or structure shall be erected without permission having
first being given by the authority.
b) where lands lie within the permit control area established by the Ministry of Transportation
adjacent to Highway No. 401 pursuant to the Public Transportation and Improvement Act, no
use shall be established and no building or structure shall be erected without a permit having
first being issued by the Ministry.
1.11 VALIDITY
Should any section, clause or regulation 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.
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S ECTION 2. D EFINITIONS
For the purposes of this By-law, the definitions herein shall govern.
ABATTOIR
shall mean a building or structure 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.
ACCESSORY
when used to describe a use, building, or structure shall mean a use, building, or structure
that is:
a)
incidental, subordinate and exclusively devoted to a main use, building or structure;
b)
located on the same lot as the main use, building or structure;
c)
unless specified otherwise in this By-law, not used for human habitation.
AGRICULTURE-RELATED SERVICE USES (ADDED by By-law 2023-53)
shall mean the use of land and/or buildings or structures for the manufacturing, service,
distribution and wholesale and/or retail of goods, parts or equipment that are necessary to
support Agricultural Uses. Examples of the permitted use can include farm machinery, parts
and equipment used for the tillage of soil, the planting, spraying, harvesting, transporting,
treatment, processing and storage of agricultural crops and products.
AGRICULTURAL SALES ESTABLISHMENT
shall mean the use of land, buildings or structures for the purposes of the sale of goods,
materials or services that support or are otherwise associated with agricultural uses
including, but not limited to, the sale, processing and storage of feed, fertilizer and chemical
products.
AGRICULTURAL USE
shall mean the cultivation of land, the production of crops and the processing and selling of
such products on a lot, and the breeding, raising, and care of livestock and the selling of
such livestock or the products of such livestock raised on a lot and, without limiting the
generality of the foregoing, may include animal husbandry, aquaculture, forestry, fur farming
and the raising and harvesting of field, bush, tree or vine crops, market gardening,
greenhouses, sod farming, apiaries, agricultural research and nurseries. This definition
includes "Cannabis Cultivation" but does not include the retail sale of "Cannabis".
AGRI-TOURISM USE
shall mean the use of land, buildings or structures in agricultural zones for purposes that
promote the enjoyment, education or participation in activities related to agriculture or the
farm operation.
ALTER
shall mean, when used in reference to a building or structure, 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 decrease or increase the width, depth, or area thereof or to decrease or
increase the frontage, depth, or area of any required yard, setback, or parking area, or to
change the location of any boundary of such lot with respect to a road, whether such
alteration is made by conveyance or alienation of any portion of the said lot, or otherwise.
ANIMAL CLINIC
shall mean a building, designed, used or intended for use by a veterinarian and his assistants
for the purposes of providing for the care and treatment of pets raised or housed for
recreational or hobby purposes but not livestock and without limiting the generality of the
foregoing includes dogs, cats, and birds.
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ANIMAL HOSPITAL
shall mean a building designed, used or intended for use by a veterinarian and his assistants
for the purposes of providing for the care and treatment of livestock and may include an
animal clinic
APARTMENT DWELLING
shall mean a dwelling, consisting of four (4) 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.
ART GALLERY
shall mean a building erected, used or intended for the retailing of works of art such as
paintings, sculpture, pottery, ceramics, weaving and similar items.
ARTERIAL ROAD
shall mean a road, under the jurisdiction of the County, designed and constructed to connect
urban centres to Provincial Highways. Arterial Roads which connect major urban centres to
Provincial Highways are further classified as Major Arterial Roads comprising two to four
travelled lanes and Arterial Roads which connect smaller urban centres to Provincial
Highways are further classified as Minor Arterial Roads comprising two travelled lanes and
include Highway 401 Emergency Detour Routes.
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.
AUCTION SALES ESTABLISHMENT
shall mean a building 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.
BAKE SHOP
shall mean a retail store where bakery products are offered for sale, some or all of which
may be prepared on the premises.
BANQUET HALL
shall mean a privately owned and operated building designed, used or intended for use as a
meeting place by the public for which rental charges are paid, and may include associated
dining rooms and beverage rooms but does not include a club or restaurant as defined
elsewhere in this By-law.
BASEMENT
shall mean that portion of a building between two floor levels which is partly underground but
which has at least one-half of its height from finished floor to finished ceiling above grade
level.
BED & BREAKFAST ESTABLISHMENT
shall mean a single unit detached dwelling in which not more than four (4) bedrooms are
made available by the person or persons occupying the said dwelling as a principle
residence, for the purposes of providing temporary accommodation for the travelling or
vacationing public and within which meals may be offered and served.
BOARDING HOUSE OR ROOMING HOUSE
shall mean a building, in which the proprietor resides and supplies lodging for hire or gain to
other persons and may include meals but shall not include a hotel, hospital, home for the
young or the aged, institution or restaurant accommodating the general public.
BUILDING
shall mean a structure, whether temporary or permanent, designed, used or intended for
sheltering any use or occupancy and consisting of a wall, roof and floor, or any one or more
of these, or a structural system serving the functions thereof, including all the works, fixtures,
and service systems appurtenant thereto, but shall not include a boundary wall, fence, travel
trailer, camping trailer, truck camper, motor home or tent.
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BUILDING LINE
shall mean a line within a lot drawn parallel to a lot line which establishes the minimum
distance between the lot line and any building or structure which may be erected. Where the
lot line is a curve, the building line shall be a line drawn parallel to the chord of the arc
constituting the lot line.
BUILDING SUPPLY OUTLET
shall mean the use of lands buildings and structures for the storage and sale of a broad
range of building materials, products and supplies including tools and related items,
household furnishings and supplies.
BULK SALES ESTABLISHMENT
shall mean the use of land, buildings or structures for the purpose of buying, selling, and
storing fuel oil, wood, lumber, building materials or similar bulk commodities but excludes
any manufacturing, assembling or processing of these commodities.
BUSINESS OR PROFESSIONAL OFFICE
shall mean a building in which one or more persons are employed in the management,
direction or conducting of an agency, business, profession, labour or fraternal organization,
but excludes such uses as retail trade; the manufacturing, assembly or storage of goods; or
places of assembly and amusement.
CABIN
shall mean a building designed, used or intended primarily for sleeping purposes but not
including kitchen facilities and usually associated with a campground or trailer park, church
camp and similar outdoor uses.
CAMPGROUND OR TRAILER PARK
shall mean a use, consisting of at least five camping sites and comprising land used for
seasonal recreational activity between April 1st and October 31st of any given year as grounds
for camping and the siting of cabins, tents, motor homes, travel trailers, truck campers and
park models but not mobile homes.
CANNABIS
shall mean a genus of flowering plants in the family of Cannabaceae. Synonyms include but
are not limited to marijuana and marijuana. This definition does not include the industrial or
agricultural productions of hemp (a source of food stuffs (hemp milk, hemp seed, hemp oil),
fiber and biofuels).
CANNABIS CULTIVATION
shall mean lands, buildings or structures registered with, or licensed by, Health Canada to
undertake cultivation, planting, growing and harvesting of Cannabis, pursuant to the Cannabis
Regulations under the Cannabis Act, or successor legislation. Notwithstanding any other
regulations in this By-law, the processing, packaging, retail sale and any other accessory use
associated with cannabis cultivation is prohibited.
CANNABIS CULTIVATION AND PROCESSING
shall mean lands, buildings or structures registered with, or licensed by, Health Canada to
undertake cultivation, planting, growing and harvesting of Cannabis and the processing,
manufacturing, synthesis, analytical testing, research, destroying, packaging, shipping and
retail sale of cannabis, pursuant to the Cannabis Regulations under the Cannabis Act, or
successor legislation.
CANNABIS PROCESSING
shall mean lands, buildings or structures registered with, or licensed by, Health Canada to
undertake processing, manufacturing, synthesis, analytical testing, research, destroying,
packaging, shipping and retail sale of cannabis, pursuant to the Cannabis Regulations under
the Cannabis Act, or successor legislation.
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CAR WASH
shall mean a building designed, used, or intended for the installation and operation of
automatic or semi-automatic equipment for the washing of motor vehicles, machinery and
equipment.
CARPORT
shall mean a roofed structure for the parking of a motor vehicle and the storage of household
goods and items incidental to residential occupancy an where such structure is attached to
a main building it shall deemed to be part of the main building an not an accessory building.
CATERER'S ESTABLISHMENT
shall mean a building in which food and beverages are prepared for consumption off the
premises and are not served to customers on the premises or to take out.
CELLAR
shall mean that portion of a building between two floor levels which is partly or wholly
underground but which has more than one-half of its height from finished floor to finished
ceiling below grade level.
CEMETERY
shall mean the use of land, buildings, or structures, or portions thereof for the internment of
the deceased or in which human bodies have been buried and may include a crematorium,
mausoleum and a columbarium.
CHURCH
shall mean a building dedicated to religious worship and may include a church hall, church
auditorium, parish hall, church day nursery, mosque or synagogue.
CHURCH CAMP
shall mean the use of land, buildings or structures by a non-profit religious organization for
assembly, worship and recreational camping between April 1st and October 31st of any given
year and includes lands for the siting of cabins, tents, travel trailers and truck campers, and
buildings and structures accessory thereto.
CLINIC
shall mean a building designed, used or intended for the purposes of medical or dental
practice and, without limiting the generality of the foregoing, may include the offices or
consulting rooms of members of the medical or dental professions or of a chiropractor.
CLUB
shall mean a building designed, used or intended for use as a meeting place for the members
of an organization, association, fraternal order, or similar group, not operated for profit and
wherein athletic facilities, dining rooms and beverage rooms may be provided.
COLLECTOR ROAD
shall mean a road, under the jurisdiction of the County, designed and constructed to connect
hamlet and activity centres and to provide linkages to the arterial road system.
COLUMBARIUM
shall mean a building or structure designed, used or intended for the interment of cremated
human remains.
COMMERCIAL CENTRE
shall mean a building or group of buildings designed, used or intended to function as a unit
and having shared off-street parking provided on the same lot therewith, and which building
or buildings is intended or designed to contain more than one of the uses permitted in the
zone in which it is located.
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COMMERCIAL MOTOR VEHICLE
shall mean a vehicle licensed by the Province of Ontario:
a)
as a public vehicle under the Public Vehicles Act; or
b)
as a public commercial vehicle under the Public Commercial Vehicles Act.
COMMERCIAL USE
shall mean the use of land, buildings or structures for the purposes of buying and/or selling
commodities and supplying services for profit or intended for profit.
COMMUNITY CENTRE
shall mean a building designed, used, or intended for community activities and not for
commercial purposes, the control of which is vested in the Municipality, a local board or
trustees.
CONCRETE BATCHING PLANT
shall mean an industrial establishment used for the production of concrete, or concrete
products used in building or construction and includes facilities for the administration and
management of the business, the stockpiling of bulk materials used in the production process
or a finished product manufactured on the premises and the storage and maintenance of
required equipment, but does not include the retail sales of finished concrete.
CONSERVATION AREA
shall mean environmentally significant lands used exclusively for the protection,
maintenance and enhancement of the natural environment including soil, water, vegetation
and wildlife.
CONSERVATION AUTHORITY
shall mean the Lower Thames Valley Conservation Authority or its duly appointed successor.
CONTRACTOR'S YARD OR SHOP
shall mean the use of land, buildings or structures for the purpose of storing equipment,
material and for performing shop work or assembly work.
CONVERTED DWELLING
shall mean a dwelling originally designed as a single unit detached dwelling, which because
of its size or design, is or is capable of being converted by partition and the addition of
sanitary facilities and cooking facilities into more than one dwelling unit.
CORNER LOT
shall mean a lot situated at the intersection of and abutting upon two (2) roads which intersect
at an angle of not more than one hundred and thirty-five (135) degrees.
COUNTY
shall mean The Corporation of the County of Elgin.
CREMATORIUM
shall mean a building or structure used to incinerate human remains.
CUSTOM WORKSHOP
shall mean a building, or portion thereof, where goods are produced to special order and
sold on the premises, but shall not include a building or structure where the manufacture of
goods is performed on a mass production or assembly line basis.
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DAY CARE CENTRE
shall mean a single unit dwelling, building or structure in which five (5) or more persons of
any age are provided with care for compensation for a portion of the day not exceeding a 24
hour period.
DAY NURSERY
shall mean a building or structure designed, used or intended for accommodating more than
five (5) children who are not of common parentage, primarily for the purpose of providing
temporary care, or guidance, or both care and guidance, for a continuous period not
exceeding twenty-four hours, where the children are:
a) under eighteen (18) years of age for children with a developmental disability, and
b) under ten (10) years of age in all other cases
and, may include a day nursery as defined in the Day Nurseries Act.
DERELICT OR ABANDONED MOTOR VEHICLE
shall mean motor vehicle that is in a state of advanced disrepair having missing or damaged
parts or deteriorated body parts which renders it inoperative and may include a motor vehicle
that has been evidently abandoned by its owner and left in a place or state of apparent disuse
or disinterest by the owner regardless of whether it is either operable or inoperable or
licensed or unlicensed for operation.
DOG KENNEL
shall mean a lot, building, or structure, on or within which four (4) or more dogs more than
four (4) months of age are housed, groomed, bred, boarded, trained or sold and which may
offer provisions for veterinary treatment.
DOG POUND
shall mean the use of land, buildings or structures for the purpose of impounding dogs
pursuant to a by-law of the Municipality, and where such dogs are kept for a minimum
redemption period as defined in the Animals for Research Act.
DOUBLE DUPLEX DWELLING
shall mean a dwelling that is divided horizontally into four (4) dwelling units each of which
has an independent entrance either directly or through a common vestibule.
DRIVE-IN RESTAURANT
shall mean a building, designed, used or intended for the sale of food or refreshments to the
general public, and where such food or refreshment may be made available to a person
while in his motor vehicle or while within the building, and where provision may be made for
the consumption of such food or refreshment by the person while in his motor vehicle, or
within the building, or elsewhere on a lot.
DRIVEWAY
shall mean a private passageway for a motor vehicle, having at least one end thereof
connected to a road, and providing the principal means of vehicular access to a lot.
DRY CLEANING ESTABLISHMENT
shall mean a building where dry cleaning, dry dyeing, cleaning or pressing of articles or goods
of fabric is carried on and in which only non-flammable solvents are or can be used which
emit no odours or fumes, and in which no noise or vibration causes a nuisance within or
outside the premises.
DUPLEX DWELLING
shall mean a dwelling that is divided horizontally into two (2) dwelling units each of which
has an independent entrance either directly or through a common vestibule.
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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, mobile homes; or living quarters for a
caretaker, watchman, or other person accessory to a non-residential building or structure.
DWELLING UNIT
shall mean one or more habitable rooms occupied or capable of being occupied by a person
or household as an independent and separate housekeeping establishment in which
separate kitchen and sanitary facilities are provided for the use of such person or family, with
a private entrance from outside the building or from a common hallway or stairway inside the
building in which the dwelling unit is located.
ERECT
shall include build, construct, reconstruct, alter and relocate and, without limiting the
generality of the foregoing, shall 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.
ESTABLISHED BUILDING LINE
a building line shall be considered to be established between existing single unit dwellings
where at least two (2) single unit dwellings have been erected on any one side of a continuous
one hundred and fifty (150) metre strip of land fronting on a road. The established building line
shall thus mean the average setback of the existing dwellings.
ESTATE WINERY
shall mean a building or structure accessory to a vineyard for the production of wine including
the retail sale of wine and wine related products and hospitality facilities as accessory uses
not exceeding four hundred (400) square metres of floor area in total and where food and
wine may be prepared and served for the enjoyment of the general public.
EXISTING
shall mean existing as of the date of the passing of this By-law.
EXTERIOR SIDE YARD
shall mean a side yard immediately adjoining a street.
FACTORY OUTLET
shall mean a building or portion thereof accessory to an industrial use or a service trade,
wherein products manufactured, produced, processed or stored on the premises are kept or
displayed for wholesale or retail sale, or wherein orders are taken for the delivery of such
products.
FARM OR IRRIGATION POND
shall mean a body of water located outdoors, contained by natural or artificial means and
designed, used or intended for agricultural purposes including irrigation and watering for
livestock but not for recreational purposes.
FARM EQUIPMENT SALES & SERVICE
shall mean the use of land, buildings or structures where farm vehicles and equipment are
stored for the purpose of sale, lease, or hire and where such vehicles and equipment are
repaired or serviced for purposes of being maintained in an operable condition.
FARM FUEL SALES
shall mean the use of land, buildings or structures where fuel specifically intended for use in
farm vehicles and equipment is stored for the purpose of dispensing and sale, and may
include the storage and sale of gasoline, diesel fuel, propane, natural gas and lubricants.
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FARM WINERY
shall mean the use of land, buildings, structures and equipment for the making of wine from
fruit grown primarily on the premises including fermentation, storage and aging and may
include the tasting and sale of wine produced thereon by or to the general public.
FEED MILL
shall mean a building in which agricultural products are prepared, processed, preserved,
graded or stored for eventual consumption by livestock or domestic pets, and may include
retail and wholesale sale of such products to the general public.
FIRST STOREY
shall mean the lowest storey of a building excluding the basement.
FITNESS CENTRE
shall mean a building where facilities, machines and equipment are provided to the general
public or to members, for a fee, for the purposes of physical training and improving physical
health and fitness.
FLEA MARKET
shall mean the use of land, buildings or structures open to the general public and operated
for gain or profit, for the sale of general merchandise, food, goods, crafts, antiques and
wares, and may include outdoor displays and shows and the sale of prepared food out of a
building or a portion thereof for consumption on the premises.
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, garage, 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 floor ceiling height of less than two (2.0) metres.
FOOD PROCESSING PLANT
shall mean a building, other than a restaurant or caterer's establishment, in which agricultural
products are prepared, processed, preserved, graded or stored for eventual human
consumption, and includes a floor mill, a dairy, a bakery, a grain elevator or an egg grading
station, but excludes an abattoir or any premises used for the slaughtering of animals or the
boiling of blood, bones or tripe.
FRONT YARD
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.
FRUIT AND VEGETABLE STAND
shall mean a temporary structure, designed and erected in a manner so as to be readily
portable and open to the air on at least one side, for the purpose of the sale of produce where
such produce is offered for sale only during the season which it is harvested.
FUNERAL HOME
shall mean a building or structure wherein a licensed undertaker prepares corpses for
interment and includes facilities for accommodating the public.
GARAGE, PORTABLE
shall mean a structure designed to be assembled and disassembled consisting of a wood,
metal, or composite frame and fabric shell intended for the storage of motor vehicles and/or
associated outdoor household equipment, including but not limited to snowblowers and
shovels.
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GARDEN CENTRE
shall mean the use of land, buildings or structures for the purpose of selling trees, shrubs
and plants, lawn and garden equipment, furnishings and supplies.
GARDEN SUITE
shall mean a one-unit detached dwelling containing bathroom and kitchen facilities,
accessory to an existing single unit dwelling, that is designed to be portable and may include
a mobile home.
GAS BAR
shall mean the use of land, buildings or structures for the sale of gasoline, propane, oil and
allied products for motor vehicles and the introduction of such liquids into motor vehicles and
may include the sale of small accessory items required for the operation of motor vehicles,
but does not include provisions for motor vehicle repairs, oil changes, lubrications, or similar
mechanical services and does not include a motor vehicle service establishment or a public
garage.
GOLF COURSE
shall mean the use of land for the purpose of playing golf and without limiting the generality
of the foregoing includes a driving range, a miniature golf course or combination thereof and
buildings, facilities and structures accessory thereto.
GRADE LEVEL
shall mean, when used with reference to a building, the average elevation of the finished
surface of the ground where it meets the exterior of the front of such building, and when used
with reference to a structure means the average elevation of the finished grade of the ground
immediately surrounding such structure, exclusive in both cases of any artificial
embankment, and when used with reference to a road means the elevation to the road
established by the authority having jurisdiction.
GRAIN HANDLING FACILITY
shall mean the use of land, buildings or structures for the commercial drying, cleaning,
handling, or storing of crops, or combination thereof.
GROUP HOME
shall mean a dwelling in which a minimum of three (3) and a maximum of five (5) persons,
excluding staff or the receiving household, live under responsible supervision consistent with
their needs and licensed or approved under the laws of the Province of Ontario or the
Government of Canada or otherwise under the jurisdiction of the Ontario Ministry of
Community and Social Services and without limiting the generality of the foregoing may
include satellite residences for seniors and accommodation services for the developmentally
handicapped.
HALF STOREY
shall mean the portion of a building located wholly or partly within a sloping roof, having side
walls not less than one (1.0) metre in height, and a ceiling with a minimum height of two (2.0)
metres over an area equal to at least fifty (50) percent of the area of the floor next below.
HALF WAY HOUSE
shall mean a dwelling in which a maximum of five (5) persons, excluding staff or the receiving
household, live under responsible supervision consistent with their needs and licensed or
approved under the laws of the Province of Ontario or the Government of Canada for
psychiatric patients who are transitionally or permanently discharged from a psychiatric
hospital; persons who have been placed on probation under the provisions of the Probation
Act, the Criminal Code of Canada, the Young Offenders Act, or who have been released on
parole under the provisions of the Ministry of Correctional Services Act or the Parole Board
of Canada or persons who have been charged under the Young
O ffenders Act but who have been placed in open or secure custody.
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HAZARD LAND
shall mean lands which exhibit a hazardous condition as a result of their instability;
susceptibility to flooding, erosion, subsidence; or the presence of organic soils; or steep
slopes and includes lands lying below the regulatory floodline as may be established from
time to time by the conservation authority.
HEIGHT
shall mean, when used with reference to a building or structure, the vertical distance between
the horizontal plane through grade level and a horizontal plane through:
a)
the highest point of the roof assembly in the case of a building with a flat roof, a deck
roof or a domed roof;
b)
the average level of a one slope roof, between the ridge and the eaves, provided that
such 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
subsections a) and b).
HEREIN
shall mean within this By-law.
HOME OCCUPATION
shall mean an occupation for gain or support owned, managed and conducted by persons
residing on the lot on which the home occupation is conducted including those who reside
elsewhere as may be specified herein. A home occupation shall be confined in its entirety to
a dwelling except where specified otherwise and may, without limiting the generality of the
foregoing, include the offices, workrooms or consulting rooms of a profession, trade, craft, or
hobby but shall not include or permit group instruction, a hairdressing establishment if more
than two persons are engaged in the business, a retail store except for the sale of crafts,
goods or items produced on site, a service shop or a restaurant. Where a home occupation
is permitted within an accessory building, such uses may, without limiting the generality of
the foregoing, include a carpentry shop, a welding shop, a machine shop, a service shop, a
workshop or a studio but shall not include an auto repair shop or public garage.
HOTEL
shall mean a building, used, or intended for the purposes of catering to the needs of the
public by supplying food and sleeping accommodation consisting of not less than five (5)
guest rooms and may include a restaurant, tavern or a bar.
HOUSEHOLD
shall mean a single and independent housekeeping unit occupying and using only one
dwelling unit.
HUNTING PRESERVE
shall mean the use of lands for the purposes of hunting wildlife in a safe and environmentally
responsible manner subject to any applicable regulations of the Ministry of Natural
Resources which may apply, and may include an accessory building use for the temporary
accommodation and comfort of hunters.
INDIVIDUAL ON-SITE WATER SERVICES
shall mean individual, autonomous water supply systems that are owned, operated and
managed by the owner of the lot upon which the system is located.
INDIVIDUAL ON-SITE SEWAGE SERVICES
shall mean sewage systems, as defined in O. Reg. 332/12 under the B uilding Code Act, 1
992, that are owned, operated and managed by the owner of the lot upon which the system
is located.
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INDUSTRIAL MALL
shall mean a building or group of buildings designed, used or intended for use which are held
in single ownership or by participants in a condominium corporation or cooperative, and
divided into units for separate and independent occupancy by industrial uses for which
common loading and parking facilities and other common services may or may not be
provided.
INDUSTRIAL USE
shall mean the use of land, buildings or structures for the purpose of manufacturing,
assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering,
repairing, distributing, warehousing, storing or adapting for sale any goods, substance,
article or thing, including the storage of building and construction equipment and materials.
INDUSTRIAL USE LIGHT
shall mean the use of land, buildings or structures for the purpose of manufacturing,
assembling, or processing of component parts to produce finished products suitable for retail,
wholesale or service trade and including repairing; servicing; distributing; warehousing;
storing or adapting for sale any goods, substance, article or thing, but excluding any
operation or activity which creates a nuisance as a result of the emission of any noise or air
pollution that can be smelled, heard or otherwise detected outside the building or structure
in which the operation is conducted.
INSTITUTIONAL USE
shall mean the use of land, buildings or structures for public or social purposes but not for
the purpose of gain or profit and may include governmental, religious, educational,
charitable, philanthropic or other similar but non-business uses such as public schools,
churches, hospitals and museums.
INTERIOR LOT
shall mean a lot other than a corner lot.
INTERIOR SIDE YARD
shall mean a side yard other than an exterior side yard.
LANDING STRIP
shall mean the use of land, for the sole purpose of those residing thereon for the landing and
taking off of non-commercial aircraft and may include buildings and structures accessory
thereto.
LANDSCAPED OPEN SPACE
shall mean the area of a lot which is used for the growth and maintenance of grass, flowers,
shrubbery and other landscaping materials, both natural and artificial, and includes any
surfaced walk, patio, or similar area, but does not include any access driveway or ramp,
parking lot, deck or any open space beneath or land, within any building or structure.
LAUNDRY ESTABLISHMENT
shall mean a building designed, used, or intended for the drying, ironing and finishing of
laundered goods and where no odours, fumes, noise or vibration which create a nuisance
outside the business are emitted, and may include a self-service, coin operated laundromat.
LIBRARY
shall mean a library, branch library, bookmobile, or distributing station operating under
The P ublic Libraries Act, as amended from time to time, or any successor thereto.
LIVESTOCK
shall mean farm animals kept for use, for propagation or intended for profit or gain and
without limiting the generality of the foregoing include cattle, horses, swine, sheep, laying
hens, chicken and turkey broilers, emus, turkeys, goats, geese, ducks, mink, and rabbit but
excluding animals such as pets raised or housed for recreational or hobby purposes.
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LIVESTOCK MARKETING YARD
shall mean the use of land, buildings or structures for the temporary confinement of livestock
for the purpose of sale, auction and distribution.
LONG TERM HEALTH CARE FACILITY
shall mean a building or part thereof where accommodation is provided for the sick, elderly
or infirm and which provides long term medical, nursing, social and similar care for such
persons and may include a retirement home and all such facilities operated under the Long
T erm Care Act, the N ursing Homes Act, the Charitable Institutions Act and the Homes for
t he Aged and Rest Homes Act as amended and revised from time to time.
LOT
shall mean a parcel or tract of land, which is
a)
the whole of a lot on a registered plan of subdivision, so long as such registered plan
is not deemed, pursuant to the P lanning Act, or any predecessor or successor of
such section, not to be a registered plan of subdivision; or,
b)
all of the land held or owned under distinct and separate ownership from the ownership
of the fee or equity of redemption in abutting land.
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, where the lot area of such lot shall be calculated
as if the lot lines were projected to the intersection.
LOT COVERAGE
shall mean the percentage of the area of any lot upon which buildings or structures are
erected or permitted to be erected (not including an outdoor swimming pool erected entirely
below grade) measured at grade level including all porches and verandahs, steps, cornices,
eaves, bay windows and chimneys.
LOT DEPTH
shall mean the horizontal distance between the front and rear lot lines. Where these lines
are not parallel, the lot depth shall mean the length of a straight line joining the mid-points of
the front lot line and the rear lot lines. Where there is no rear lot line, lot depth shall mean
the length of a straight line joining the middle of the front lot line with the apex of the triangle
formed by the side lot lines.
LOT FRONTAGE
shall mean the horizontal distance between the side lot lines of a lot measured at right angles.
Where such side lot lines are not parallel, the lot frontage shall be measured perpendicularly
to the line joining the mid-point of the front and the centre of the rear lot line at a point six
(6.0) metres back from the front line, and where such side lot lines meet, lot frontage shall be
measured perpendicularly to the line joining the apex of the triangle formed by the side lot
lines and a point six (6.0) metres back from the front lot line.
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 road. 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 to be 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 from the road shall be deemed the front lot line and the opposite longer boundary
shall be deemed 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.
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b)
Rear Lot Line shall mean the lot line of a lot having four (4) or more lot lines which is
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. In the case of a
corner lot, the side lot line dividing the lot from the street shall be deemed to be the
exterior side lot line and the other side lot line shall be deemed to be the interior side
lot line.
M² or m2
shall mean square metres.
MACHINE SHOP
shall mean a building where equipment and machinery and/or small engines are serviced or
repaired.
MAIN BUILDING
shall mean the building on a lot or portion thereof designed, used, or intended for the
permitted and principle use of the lot or part thereof.
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.
MARINA
shall mean the use of land, buildings and structures where boats are moored, and may be
stored, rented or hired, and launched and/or where boats, boat motors and boat accessories
are sold, repaired or refuelled, and may include a building or structure for the sale of
accessories, supplies, and/or refreshments.
MARKET GARDEN
shall mean the use of land, buildings or structures for the purpose of buying and selling fruits
and vegetables.
MICRO BREWERY
shall mean a building or structure wherein beer and or wine are produced and offered for
retail sale, exclusively for consumption off the premises.
MINIMUM SEPARATION DISTANCE (MDS I AND MDS II)
shall mean formulae used for the purposes of determining, in the case if MDS I, the minimum
distance required for non-agricultural uses establishing or expanding in proximity to livestock
building and structures located on a separate lot, and in the case of MDS II, the minimum
distance required for establishing or expanding livestock buildings and structures in proximity
to non-agricultural uses located on a separate lot.
MINI-STORAGE WAREHOUSE
shall mean the use of lands, buildings, or structures for individual storage units rented or
leased to the public for the storage of goods, wares, merchandise, non-perishable foodstuffs,
substances, articles or things, but excluding the storage of fuels, solvents, paints or other
inflammable substances.
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MOBILE FOOD OUTLET
shall mean a structure designed as an integral part of a self-propelled motor vehicle or as a
unit which is towed by a motor vehicle, from which food and refreshment is made available
to the general public.
MOBILE HOME
shall mean a building designed and constructed in accordance with the specifications of the
Canadian Standards Association (CAN/CSA-Z240), having a pitched roof with a slope of 3:1
or greater, transported or designed to be transported on its own or in two (2) or more separate
sections or modules each on its own wheels, on a flatbed, or by other means and joined
together to form one (1) dwelling unit and its running gear comprising the hitch and wheel
assembly, if any, removed. The building shall be placed on a totally enclosed masonry
foundation which extends below the frost line and which is constructed in accordance with
the Ontario Building Code.
MOBILE HOME STAND
shall mean that part of a lot which is reserved for the placement of a mobile home.
MOTEL
shall mean a building, or two (2) or more detached buildings designed, used or intended for
the purpose of catering to the needs of the travelling public by furnishing sleeping
accommodation with or without supplying food.
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.
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.
MOTOR VEHICLE SALES ESTABLISHMENT
shall mean the use of land, buildings or structures where motor vehicles are kept for sale,
and where motor vehicles may be oiled, greased or and where repairs essential to the
operation of motor vehicles are performed.
MOTOR VEHICLE SERVICE ESTABLISHMENT
shall mean the use of land, buildings or structures or combination thereof for the sale of
gasoline, propane, oil, grease, antifreeze, tires, batteries and other accessories for motor
vehicles where motor vehicles may be oiled, greased or cleaned, or have their ignition
adjusted, tires inflated or batteries charged or where only minor or running repairs essential
to the operation of motor vehicles are performed.
MULTIPLE UNIT DWELLING
shall mean a dwelling comprised of three (3) or more dwelling units.
MUNICIPAL DRAIN
shall mean a drainage works as defined by the Drainage Act.
MUNICIPAL WATER SUPPLY SYSTEM
shall mean a system of underground piping for conveying water and related storage,
pumping, and treatment facilities, operated by the Municipality for public use, and to which a
lot has access to make connection thereto.
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MUNICIPAL SANITARY SEWAGE SYSTEM
shall mean a system of underground piping for conveying human sewage and related
storage, pumping and treatment facilities operated by the Municipality for public use, and to
which a lot has access to make connection thereto.
MUNICIPALITY
shall mean the Corporation of the Municipality of West Elgin.
MUSEUM
shall mean a building erected, used or intended for use as a repository for art, historical
artifacts, relics or documents which may be periodically placed on display for public viewing.
NET FLOOR AREA
shall mean that portion of the floor area of a building which is used exclusively for a non-
residential use defined herein or specifically permitted elsewhere in this By-law, but
excluding:
a)
any part of such building used for any other non-residential use defined herein or
specifically permitted elsewhere in this By-law;
b)
any part of such building used as a dwelling unit, a public concourse or a common
hallway or stairway not used exclusively by the said non-residential use;
c)
any part of such building used solely for the storage of electrical equipment or of
equipment to heat, cool or otherwise control the environment of such building or a
portion thereof;
d)
the thickness of any exterior walls of such building.
NON-AGRICULTURAL
shall mean, when used in reference to a use, building or structure, shall mean used, intended
or designed for purposes other than those of an agricultural use.
NON-COMPLYING
shall mean a building or structure which does not comply or agree with the regulations of this
By-law but does not include a non-conforming use, building or structure.
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.
OCCUPANCY
shall mean to reside in as owner or tenant on a permanent or temporary basis.
OUTDOOR AMENITY AREA
shall mean a contiguous landscaped space outside and accessible to a dwelling or dwelling
unit and situated on the same lot therewith, designed, used or intended to be used for the
passive enjoyment and recreational needs of the occupants and upon which no vehicle is
parked or driven but which may include walkways and other space normally incidental to
pedestrian traffic.
OUTDOOR FURNACE
shall mean any outdoor appliance designed or intended for burning solid fuel for the purpose
of heating buildings, but shall not include a heating device used in the operation of a sugar
bush or the production of maple syrup.
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OUTSIDE STORAGE
shall mean the storage of goods, materials or equipment in the open air on a lot or portion
thereof.
PAINTBALL PARK
shall mean the use of premises for the purposes of organized outdoor recreational activity in
which the participants engage in interactive play using low speed paint ball guns firing or
capable of firing non-hazardous, environmentally friendly propellant, protective gear and
other equipment as may be necessary or required, where members of opposing teams
attempt to secure a common flag, or variations thereof.
PARKING LOT
shall mean a lot used or intended for the temporary parking of two (2) or more motor vehicles
and may include aisles, parking spaces and related entrance and exit lanes, but shall not
include any part of a road.
PARKING SPACE
shall mean a space, whether or not enclosed, having a minimum width and a minimum length
as specified herein exclusive of aisles, entrance and exit lanes, accessible to a road, and
designed, used or intended for the purpose of the temporary parking or storage of a motor
vehicle.
PARK MODEL TRAILER
shall mean living quarters for recreational camping or seasonal occupancy, designed and
constructed in accordance with the specifications of the Canadian Standards Association
(CAN/CSA - Z241) on a single unit chassis mounted on wheels and capable of being
relocated and connected to utilities, and having a gross floor area, including lofts, not
exceeding fifty (50) square metres when in the setup mode, and having a width greater than
2.6 metres in the transit mode.
PERMITTED
shall mean permitted by this By-law.
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.
PERSONAL CARE ESTABLISHMENT
shall mean a building wherein a service is performed directly to an individual and includes,
without limiting the generality of the foregoing, a hair salon, a tanning salon, a manicurist or
a beautician's establishment, a spa but does not include an adult entertainment
establishment.
PERSONAL SERVICE ESTABLISHMENT
shall mean a building wherein a service is provided for the alteration, care, making of, and
repair of wearing apparel, and includes, without limiting the generality of the foregoing, a shoe
repair shop, a tailor or dressmaking shop, a furrier, but does not include an adult
entertainment establishment.
PIT OR QUARRY
shall mean any opening or excavation of or in the ground pursuant to a license issued under
the Aggregate Resources Act for the purposes of removing soil, rock, sand, gravel, earth,
clay, muck or limestone or any combination thereof and may include the processing thereof
such as screening, sorting, washing, crushing, stockpiling and other similar operations; the
importation of asphalt and concrete for recycling /resale purposes and site rehabilitation.
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PLACE OF ENTERTAINMENT OR AMUSEMENT
shall mean a building or part thereof designed, used, or intended as a bowling alley, billiard
or pool room, amusement arcade, internet café, or any combination thereof.
PLANTING STRIP
shall mean an area used for no other purpose than the planting and maintaining of a
continuous row of evergreen trees, not less than one (1.0) metre in height at time of planting
and not less than two (2.0) metres in height at maturity, and the remainder of which is used
for landscaping and the planting of ornamental shrubs, flowering shrubs, flower beds, or a
combination thereof.
PORCH
shall mean a roofed, open gallery, or portico attached to the exterior of a building.
PRIVATE GARAGE
shall mean a building or structure, designed, used, or intended for the storage of motor
vehicles and the storage of household equipment incidental to residential occupancy,
wherein no service for profit is rendered; and where such building or structure is within two
(2.0) metres of the main building, it shall be deemed to be attached to or part of the main
building and not an accessory building.
PRIVATE PARK
shall mean a park other than a public park, regardless of whether or not such park is
maintained or operated for gain or profit, but excludes an amusement park.
PRIVATE ROAD
shall mean an improved highway, street or road which affords the principal means of
vehicular access to a dwelling or a dwelling unit, and which is not under the jurisdiction of
the Municipality, the County or the Province.
PRIVATE SCHOOL
shall mean a school, other than a public school or commercial school, accredited as a private
school by the Ministry of Education and Training, and under the jurisdiction of a board of
trustees or governors and may include a boarding school.
PROPANE TRANSFER FACILITY
shall mean the use of land, buildings or structures where propane fuel is stored but the sale
of propane to the public excluded.
PUBLIC AUTHORITY
shall mean:
a)
the Municipality;
b)
the County;
c)
the Government of Canada;
d)
the Province of Ontario;
e)
the Conservation Authority.
and any other agency, board, commission, committee or other body established or exercising
any power or authority under any general or special statute of Ontario or the Government of
Canada with respect to any of the affairs or purposes of the Municipality or a portion thereof,
and includes any committee or local authority established by by-law of the Municipality.
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PUBLIC GARAGE
shall mean the use of land, buildings or structures, other than a private garage, where motor
vehicles are kept or stored for remuneration or repair, including the repair of motor vehicle
bodies, frames or motors, and the painting, upholstering, washing, and cleaning of such
vehicles, and may include the sale of accessories for motor vehicles.
PUBLIC PARK
shall mean a lot, maintained or owned by the Municipality or a public authority for the
enjoyment, health and well-being of the public and normally open to the public and may
include a conservation area and public fairgrounds.
PUBLIC SCHOOL
shall mean a school operated by and under the jurisdiction of a public authority.
REAR YARD
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.
REGULATORY FLOOD
shall mean the standard used by the conservation authority to define the limits of the flood
plain for regulatory purposes.
REGULATORY FLOODLINE
shall mean the limits of the floodplain in the Municipality, based on the known regulatory
flood event which occurred in 1937.
REQUIRED
shall mean required by this By-law.
RESIDENTIAL USE
shall mean the use of a building or structure as a dwelling.
RESTAURANT
shall mean a building, designed, used or intended for the serving of food or refreshments to
the public where the servicing and consumption of food or refreshments takes place entirely
within such building or at outside tables immediately adjacent to such building and may
include a dining lounge licensed under the Liquor License Act.
RESTRICTED AGRICULTURAL USE
shall mean an agricultural use with the exception of mushroom farming and with the
exception of the breeding, raising and care of livestock governed by the Nutrient
M
anagement Act and regulations pursuant thereto.
RETAIL STORE
shall mean a building, designed, used, or intended for the selling or buying of goods, wares,
merchandise, articles, or things at retail or the providing of a service, primarily to or from the
public, and uses accessory thereto.
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RETIREMENT HOME
shall mean a building providing accommodation primarily for persons and couples over 60
years of age where each living unit has a private bathroom, basic kitchen facilities and a
separate entrance from a common hall and where common facilities for the preparation and
consumption of food are provided, common lounges, activity rooms, and where personal and
medical care facilities may also be provided.
RIDING SCHOOL
shall mean the use of land, buildings, or structures for the purpose of riding, training,
showing, and boarding of horses and where persons are given instructions in the riding of
horses and other aspects of horsemanship.
ROAD
shall mean an open common and public road, lane, highway or commons vested in the
Municipality, the County, the Province of Ontario or any other public authority having
jurisdiction over the same, and includes a bridge or any other structure forming part of a road
on, over, or across which a road passes, but does not include an unopened road allowance.
SALVAGE YARD
shall mean the use of land, buildings or structures or combination thereof, where
merchandise, articles and goods or things are stored wholly or partly in the open, kept for
sale and/or processed and/or re-cycled for further use and, without limiting the generality of
the foregoing, may include a junk yard, a scrap metal yard, and a motor vehicle wrecking
yard.
SATELLITE DISH
shall mean a parabolic or spherical antenna used for the purposes of receiving television or
microwave transmissions or other signals from orbiting satellites or other similar devices.
SAWMILL
shall mean the use of land, buildings, or structures designed, used, or intended for the
sawing, planning, sanding, and finishing of wood and wood products.
SEASONAL DWELLING
shall mean a single unit dwelling designed, used or intended for vacation, recreation, rest
and relaxation purposes on an occasional as opposed to permanent basis and constructed
in a manner such that it is capable of being moved or dragged to a new location to maintain
the minimum setbacks prescribed herein.
SECONDARY FARM OCCUPATION
shall mean an agricultural-related occupation conducted on a lot where the main use of the
lot is for agricultural or residential purposes, for profit or gain within a building other than a
dwelling, by persons residing in a dwelling situated on the said lot and others residing
elsewhere as specified herein without limiting the generality of the forgoing includes
agricultural-related uses such as the production of value-added agricultural products from
the farm operation, the sale of farm supplies, repair and servicing of farm equipment and
vehicles and agri-tourism uses.
SEMI-DETACHED DWELLING
shall mean a dwelling that is divided vertically above grade into two (2) dwelling units, each
of which has an independent entrance either directly or through a common vestibule.
SERVICE SHOP
shall mean a building where appliances and household machinery are sold, serviced, or
repaired and includes the business premises of a tradesman such as a carpenter, an
electrician, a plumber and similar trades but excludes any manufacturing, processing or
wholesaling.
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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.
SENIOR CITIZENS' HOME
shall mean a building designed, used or intended as a dwelling for senior citizens, sponsored
and administered by a public authority, service club, church or other non-profit organization,
which obtains its financing from the Government of Canada, the Province of Ontario, the
County, the Municipality or its agencies , or by public subscription or donation, or by any
combination thereof, and may include accessory uses such as club and lounge facilities.
SEWAGE TREATMENT PLANT
shall mean lands, buildings or structures and all mechanical appurtenances thereto,
designed and used for the collection and treatment of sanitary sewage, and for which a
'Certificate of Approval' has been issued by the Ministry of Environment.
SHIPPING CONTAINER
shall mean a container designed and constructed in accordance with the International
Organization for Standardization (ISO) or similar organization intended for and used in the
transportation and shipping industry which may be used for the storage of goods, wares,
merchandise, substances, articles or things accessory to an agricultural, commercial or
industrial use.
SIDE YARD
shall mean a yard extending from the front yard to the rear yard and from 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 dimension between the side lot line of the lot and the nearest
main wall of any main building or structure on the lot.
SIGN
shall mean a name, identification, description, device, 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.
SINGLE UNIT DWELLING
shall mean a completely detached dwelling used or intended for occupancy by not more than
one (1) household living independently.
STORAGE CONTAINER
shall mean a pre-fabricated, heavy gauge steel, fully assembled structure intended for the
storage of goods, wares, merchandise, substances, articles or things.
STOREY
shall mean the portion of the building, other than the basement, 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.
STREET
refer to the definition of ROAD.
STREET LINE
shall mean the limit of the road allowance and is the dividing line between a lot and a road.
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STRUCTURE
shall mean any material, object, or work erected as a unit or constructed or put together of
connected or dependent parts or elements whether located under, on, or above the surface
of the ground, but does not include a sign, fence, boundary wall or a swimming pool.
SWIMMING POOL
shall mean a body of water located outdoors contained in whole by artificial means, in which
the depth of the water at any point is capable of exceeding 0.6 metres, and has a surface
area greater than one (1) square metre, and used or capable of being used for swimming,
bathing or diving but shall not include a farm pond, irrigation pond or fish pond.
TAKE-OUT RESTAURANT
shall mean a building, designed, used or intended for the serving of food or refreshments to
the public where the servicing and consumption of food or refreshments takes place entirely
off the premises.
TARGET RANGE
shall mean the use of land, buildings or structures licensed by the Solicitor General of
Ontario, for the purposes of the recreational discharge of fire arms, and may include an
indoor/outdoor rifle range, pistol range, trap range, skeet range and archery range.
TAVERN or BAR
shall mean a building erected, used or intended for the sale of alcoholic beverages and food
to the public to be consumed on the premises and licensed under the Liquor License A ct.
THROUGH LOT
shall mean a lot bounded on two opposite sides by roads; provided, however, that if any lot
qualifies as being both a corner lot and a through lot, such lot shall be conclusively deemed
to be a corner lot.
TOP-OF-BANK
shall mean a line determined at a point where the oblique plane of the slope meets the
horizontal plane.
TOWNHOUSE DWELLING
shall mean a dwelling that is divided vertically into three (3) or more dwelling units, each of
which has independent entrances, to a front and rear yard immediately abutting the front and
rear walls of each dwelling unit.
TRAVEL TRAILER
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 activity and
being 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.
TRIPLEX DWELLING
shall mean a dwelling that is divided horizontally and/or vertically into three (3) separate
dwelling units each of which has an independent entrance either directly from the outside or
through a common entrance but excludes a converted dwelling.
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TRUCK CAMPER
shall mean a portable structure designed to be loaded onto, or affixed to, the bed or chassis
of a truck, and capable of providing temporary living quarters for recreation, camping or travel
use.
TRUCK TERMINAL
shall mean the use of land, buildings or structures where trucks, buses and/or transports are
stored, rented, leased, kept for hire, or parked for remuneration or from which trucks and/or
transports are dispatched as common carriers, or where goods are stored temporarily for
further shipment.
TWO-UNIT DWELLING
shall mean a dwelling designed, used or intended for occupancy by not more than two (2)
households living independently of each other in separate dwelling units but excludes a
semi-detached dwelling or a duplex dwelling.
USE
shall mean, when used as a noun, the purpose for which any land, building or structure is
designed, used, or intended to be used, or for which it is occupied, used or maintained. When
used as a verb, or as in the expression "to use", shall mean anything done or permitted to
be done by the owner or occupant of any land, building or structure, directly or indirectly, or
by or through any trustee, tenant, servant, or agent, acting for or with the knowledge or
consent of such owner or occupant, for the purpose of making use of the said land, building,
or structure.
UTILITY CORRIDOR
shall mean the use of land for the transmission of high voltage electricity and may include
secondary complementary uses such as walking and other trails.
UTILITY STATION
shall mean the use of land, buildings or structures 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 water or sewage treatment plant,
an electric power transformer station, a telephone repeater station and a micro wave tower.
VARIETY STORE
shall mean a retail store within which is conducted the selling of groceries, tobacco,
confectionery goods, food, sundry items and other general merchandise, and may be
associated with a motor vehicle service establishment or gas bar.
WAREHOUSE
shall mean a building designed, used or intended for the storage of goods, wares,
merchandise, articles or things and may include the selling or distribution thereof at
wholesale.
WASTE DISPOSAL SITE
shall mean any land, or land covered by water, licensed under the Environmental Protection
A ct, 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.
WATERCOURSE
shall mean a natural channel for a stream of water, but does not include a drain as defined
under the Drainage Act.
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WAYSIDE PIT OR QUARRY
shall mean a temporary pit or temporary quarry opened and used by a public road authority,
its agents or contractors, on the basis of a permit issued under the Aggregate Resources A ct,
solely for the purpose of a particular project or road construction contract and not located on
a public road allowance.
WILDLIFE PRESERVE
shall mean lands where plants, animals and other organisms, excluding fish, survive in self-
sustained populations, and from which they derive services such as cover, protection or food.
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, structurally uncovered and unoccupied
from the ground to the sky except for such accessory buildings, structures or uses as are
specifically permitted by this By-law.
YARD SALE
shall mean the occasional selling of household goods and wares and personal items in a
yard by a person residing in the dwelling or a dwelling unit associated therewith.
ZONE
shall mean an area delineated on a Zone Map and established and designated by this By-
law for a specific use.
ZONE MAP
shall mean a map or maps incorporated in this By-law and showing graphically the location,
size and boundaries of zones established by this By-law together with other explanatory text
and symbols.
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S ECTION 3. Z ONES AND ZONING MAPS
3.1
ESTABLISHMENT OF ZONES
For the purposes of this By-law, the maps hereto annexed as Schedule 'A' Map No. 1 to Map
No. 82 inclusive, Schedule 'B' Map No. 1 to Map No. 4 inclusive, Schedule 'C' Map No. 1 to
Map No. 6 inclusive, Schedule "D", Schedule "E", Schedule "F" and Schedule "G" shall be
referred to as the "Zone Maps" for the Municipality of West Elgin and the zone maps shall be
divided into one or more of the following zones:
Z ONE
S YMBOL
A gricultural Zones
General Agricultural
A1
Agricultural
A2
Restricted Agricultural
A3
R esidential Zones
Residential First Density
R1
Residential Second Density
R2
Residential Third Density
R3
Rural Residential
RR
Hamlet Residential
HR
Lakeshore Residential
LR
Seasonal Residential
SR
Future Residential
FR
C ommercial Zones
Village Core
C1
Hamlet Commercial
C2
Highway Commercial
C3
Tourist Commercial
TC
I ndustrial Zones
General Industrial
M1
Farm Industrial
M2
Rural Industrial
M3
Extractive Industrial
M4
O ther Zones
Institutional
I
Open Space
OS
Recreational Vehicle Park
RVP
Cemetery
C
Public Utility
U
Future Development
FD
Lakeshore Development
LD
3.2
USE OF ZONE SYMBOLS
The symbols listed in Section 3.1 shall be used to refer to lands, buildings, and structures and
the uses thereof permitted by this By-law in the said zones, and wherever in this By-law the
word "Zone" is used, preceded by any of the said symbols, such zones shall mean any area
within the Municipality delineated on the zoning maps and designated thereon by the said
symbol.
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3.3
HOLDING SYMBOLS
Where a zone symbol listed in Section 3.1 is used in conjunction with the holding symbol "H" as
shown on the zoning maps, no lands shall be used and no buildings or structures shall be
erected or altered, save and except existing main buildings and structures and accessory
buildings and structures permitted in the said zone and in accordance with the standards of the
said zone, until the "H" symbol is removed in accordance with the Planning Act.
Where the holding symbol "H:" is accompanied by a numerical suffix (e.g. H-2, H-4) as shown
on the zone maps, removal of the "H" symbol shall be contingent upon the following matters
being satisfied.
a)
H -1 Residential Zones
Applies to parcels of undeveloped lands zoned for residential purposes (e.g. R1, HR) in
settlement areas as shown on Schedule "B" through Schedule "G" inclusive. Removal of
the H-1 symbol contingent on the owner entering into a subdivider's or similar agreement
with the Municipality to address the installation of services, the construction of roads and
other developer obligations and responsibilities.
b)
H -2 Future Residential (FR) and Future Development (FD) Zones
Applies to parcels of undeveloped lands zoned Future Residential (FR) and Future
Development (FD) on various zone maps. Removal of the H-2 symbol to allow a single
unit detached dwelling contingent upon the submission of a site plan which demonstrates
the location of the dwelling, which would not compromise the orderly development of the
parcel in the future.
c)
H -3 Other Zones
Applies to parcels of undeveloped lands where a site plan agreement is considered
necessary to ensure orderly and appropriate development. Removal of the H-3 symbol
contingent upon the owner entering into a site plan agreement with the Municipality in
accordance with the provisions of the P lanning Act.
d)
H-4 Lakeshore Residential (LR) Zone
Applies to existing lots of record where issues related to road access, servicing and/or
natural heritage need to be addressed prior to any development taking place. Removal of
the H-4 symbol contingent upon the owner or owners satisfying the Municipality with
respect to the resolution of these issues.
e)
H -5 Lakeshore Residential (LR) Zone
Applies to existing undeveloped lots in part of Lot 9 and part of Lot 10, Con XIV. Removal
of the H-5 symbol continent upon provisions respecting same as outlined in agreement
dated 8 March 2012 between previous owners and the Municipality.
f)
H-6 Hamlet Residential (HR) Zone
Applies to a potential building lot on the east side of Douglas Line in Port Glasgow as
shown on Schedule "G". Removal of the Holding (H) symbol contingent upon completion
of the following matters to the satisfaction of the Municipality:
i)
a geotechnical report identifying the measures required to ensure a safe and
secure building site and vehicular access via Douglas Line,
ii)
an extension of Douglas Line to the extent feasible to increase the frontage of the
enlarged parcel with all costs associated therewith being borne by the owner,
iii)
a certificate of approval or equivalent for the disposal of sanitary waste,
v)
a permit from the Lower Thames River Conservation Authority pursuant to O.R.
152/06.
g)
H-7 Lakeshore Residential (LR) Zone
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Applies to lands zoned LR-1 on Schedule "A". Map No. 75 which was the subject of an
OMB hearing (OMB file: PL130879) Removal of the Holding (H) symbol contingent upon
the following matters being complied with to the satisfaction of the Municipality:
a)
that legal and physical access to the lands has been demonstrated to exist for
persons and vehicles including emergency vehicles directly from Gray Line and that
a corresponding entrance permit or equivalent approval from the Municipality has
been obtained;
b)
that a Professional Engineer or Architect licensed under the laws of the Province of
Ontario has certified that the seasonal dwelling complies with the requirements of
the Ontario Building Code.
h) H-8 Lakeshore Residential (LR) Zone (VL SS Jane St.)
i) H-9 Residential First Density (R1-8) Hope Harbour
3.4
COMPOUND ZONES
Where two or more zone symbols divided by a "/" are shown on the zone maps as applying to a
lot, the lot may be used exclusively for any use permitted in any one of the zones included in the
compound zone symbol, or for any combination of uses thereto, subject to the following:
a)
the general use regulations and the special use regulations applicable to the permitted
use in the zones included in the compound zone shall apply;
b)
where two or more zones in a compound zone permit the same use and the regulations
in each of the two or more zones for that use are different, the least restrictive
regulations for that use shall apply;
c)
the minimum parking requirements for each of the uses established on the lands,
whether a single use or combination of uses, shall be provided.
3.5
MULTIPLE ZONES
Where a lot is subdivided into more than one zone, the regulations applicable to these zones
shall apply to the respective areas so zoned, and the zone lines shall be deemed to be lot lines
for the purposes of this By-law. Zone lines shall not be deemed to be lot lines where zones share
a common boundary.
3.6
SITE- SPECIFIC ZONES
All zones may be subdivided into one or more defined areas within which greater or lesser
restrictions shall apply. These site-specific zones shall be identified by reference to the symbol
of the zone together with a number so as to differentiate site-specific zones areas within a zone
from each other and from other areas within the zone. Within a site-specific zone all provisions
of this By-law including the General Regulations (Section 4) and the General Use Regulations
and the Special Use Regulations applicable to the zone within which the site-specific zone area
is located shall apply to the defined area; provided that, unless a contrary intention otherwise
appears the following shall apply:
a) if the site-specific zone establishes regulations different from the General Provisions of
this By-law, including the General Use Regulations and Special Use Regulations
applicable to the zone within which the fined area is located, the regulations of the site-
specific zone shall supersede and prevail over such corresponding regulations of this By-
law;
b) if the site-specific zone establishes one (1) or more specifically permitted uses for the
defined area, such permitted use or uses shall be the only purpose or purposes for which
land, building or structures within the defined area may be used; and
c) if the site-specific zone specifically permits one (1) or more uses in addition to those
otherwise permitted in the zone within which the defined area is located, any and all of the
other regulations applicable to the defined area shall also apply to the additional permitted
use or uses and not only to the uses not otherwise permitted in the zone.
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d) where a site-specific zone is followed by a reference to person, address, company or
business name in italics in parentheses, the said reference is intended for information
purposes only and does not constitute part of this By-law.
3.7
INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of the boundary of any of the said zones as
shown on a zoning map, the following shall apply:
a)
unless otherwise shown, the boundary of the zones as shown on the zoning maps are
the centre lines of the road allowance or lot lines and the projection thereof;
b)
where zone boundaries are indicated as approximately parallel to the line of any street
and the distance from such street is not indicated, such zone boundaries shall be
construed as being parallel to such street and the distance therefrom shall be determined
by the use of the scale shown on the zoning maps;
c)
unless otherwise indicated, a street, lane, railroad or railway right-of-way, or water
course included on the zoning maps, is included within the zone of the adjoining property
on either side thereof; and where such street, lane, right-of-way, or water course serves
as a boundary between two or more different zones, a line midway in such street, lane,
right-of-way, or water course and extending in the general direction of the long division
thereof is considered the boundary between zones unless specifically indicated
otherwise;
d)
in the event a dedicated street, lane, or right-of-way shown on the zoning maps is closed,
the property formerly in said street, lane, or right-of-way shall be included within the zone
of the adjoining property on either side of the said closed street, lane, or right-of-way,
and the zone boundary shall be the former centre line of said closed street, lane, or right-
of-way;
e)
where zone boundaries do not follow a lot line or appear to follow a lot line, they shall be
deemed to follow a lot line for the purpose of the regulations of this By-law.
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S ECTION 4. G ENERAL PROVISIONS
The provisions of this section apply in all zones except as may be indicated otherwise by this
By-law.
4.1
ACCESSORY USES, BUILDINGS AND STRUCTURES
Whenever a use is listed as a permitted use in a particular zone; uses, buildings and structures
accessory to that use are also permitted in accordance with the standards applying in the zone
in which the said use, building or structure is located and provided that an accessory building
or structure shall not
a) be used for human habitation except where a dwelling unit is a permitted accessory use;
b) be erected closer to the front lot line than the minimum distance required for the main
building on the lot;
c) be located in the front yard or the exterior side yard;
d) be erected closer to a street line than the main building is to that street;
e) be erected closer than one (1.0m) to any lot line except:
i.)
that common semi-detached garages or carports may be centered on the
mutual lot line;
ii.)
that where a lot line abuts a public lane, an accessory building may be
located not less than one half (0.5 m) metre from said lane.
f) exceed ten (10) per cent coverage of the total lot area;
g) exceed six (6.0) metres in height or contain more than two storeys;
h) be erected within two (2.0) metres of the main building except where a dwelling unit is a
permitted accessory use;
i)
be considered an accessory building or structure if attached to the main building in any
way except where a dwelling unit is a permitted accessory use;
j)
be considered an accessory building or structure if located completely underground.
4.2
TEMPORARY BUILDINGS AND CONSTRUCTION USES
Uses, buildings or structures such as a work camp, employee parking, tool shed, mobile home,
trailer, scaffolding, outside storage, signs or equipment incidental to construction are permitted
in any zone provided that:
a)
they are used only for as long as they are necessary for construction work in progress
which has neither been finished nor abandoned, or a period of one (1) year whichever is
the lesser;
b)
they are removed and the lands restored to their previous condition when the
construction work for which they are required is terminated.
c)
For the purposes of Section 4.2 only, an existing dwelling, mobile home, park model
trailer, travel trailer or similar transportable accommodation, shall be considered to be a
temporary building or construction facility when approved by the Chief Building Official.
i)
In no instance shall an existing dwelling, mobile home, park model trailer, travel
trailer or similar transportable accommodation, be used for a temporary building
or construction facility for a period lasting no longer than one (1) year commencing
on the date in which the Building Permit is issued.
ii)
An existing dwelling, mobile home, park model trailer, travel trailer or similar
transportable accommodation, may only be used for a temporary building or
construction facility during the construction of the principal or main use on a
property.
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iii)
A Building Permit issued for such construction shall note the requirement to
remove and/or demolish such temporary buildings, mobile home, park model
trailer, travel trailer or similar transportable accommodation within ninety (90) days
from when building occupancy has been granted by the Chief Building Official.
4.3
ENCLOSURES
Enclosures to any porch or terrace projecting into a permitted yard of this By-law shall be limited
to one (1.0) metre in height exclusive of roof supports, but this shall not prohibit the enclosure of
a porch or terrace by latticing or screening or any other form of enclosure provided at least fifty
(50) percent of the surface area of the said enclosure is open and unobstructed to the elements.
4.4
ESTABLISHED BUILDING LINES
Notwithstanding any other provisions of this By-law;
a) where a single unit dwelling is to be erected on a street or road where there is an established
building line which is less than otherwise required by this By-law, such dwelling may be
erected closer to the street line or to the centreline of the road, as the case may be, provided
such dwelling is not erected closer to the street line or to the centre line of the road, as the
case may be, than the established building line,
b) where a single unit dwelling is to be erected on a street or road where there is an established
building line which is greater than otherwise required by this By-law, such dwelling shall be
erected in accordance with the established building line.
c) Section 4.4 shall only be applied where at least 50% of the lots on a street or road have a
single unit dwelling erected.
4.5
EXISTING LOTS
Existing lots with less than the required minimum lot area and/or minimum lot frontage may be
used, and buildings and structures erected or altered thereon, for the purposes specified in the
zone in which they are situated, provided:
a)
such lots are serviced or capable of being serviced by approved sanitary sewage
facilities where such facilities are required;
b)
such lots have a minimum frontage of ten (10) metres on a road where a dwelling is to
be erected;
c)
all other regulations of this By-law are satisfied.
4.6
EXPLORATION AND/OR PRODUCTION OF OIL AND NATURAL GAS
The provisions of this By-law shall not apply to the use of any land for the exploration and/or the
production of natural gas or oil, or to the erection, alteration, or use of any building or structure
accessory thereto, save and except for Section 4.10 to this By-law.
4.7
EXPROPRIATION AND DEDICATIONS
A lot altered as a result of expropriation, or by dedication to, a public authority and having as a
result, less than the minimum lot area, and/or minimum lot frontage, required by this By-law,
may be used and a building or structure may be erected, altered or used thereon, provided all
other requirements of this By-law are complied with.
Where a use has been legally established on a lot or a building or structure has been legally
erected on a lot and such lot is subsequently altered as a result of a road construction project or
as a result of a land dedication or expropriation causing the use, building or structure to
contravene any regulation of this By-law, the said use, building or structure shall be deemed to
comply with this By-law and the said building or structure may be altered, reconstructed,
repaired or renovated provided that any regulations that are not complied with are not further
contravened and that any regulation that is complied with is not contravened by any works
undertaken.
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4.8
FRONTAGE ON A PUBLIC ROAD
No person shall erect a building or structure on a lot unless the lot upon which the building or
structure is proposed to be erected abuts or fronts on a public road of satisfactory construction
and maintenance to permit the reasonable and safe passage of motor vehicles, or vehicular
access is otherwise available to a public road by means of a legally registered right-of-way or
easement granted in perpetuity. A building or structure may also be erected upon a lot or unit
within a registered plan of subdivision or vacant land condominium in accordance with the
provisions of a subdivision or condominium agreement in respect of such plan of subdivision or
condominium notwithstanding that the roads within such plan of subdivision or condominium
have not been assumed or are not being maintained by the Municipality or upon on a lot created
by consent and in accordance with an agreement with the Municipality, despite the fact that
the road on which the lot has access to has not been assumed and is not being maintained by
the Municipality.
4.9
FRONT LOT LINES AND HIGHWAY NO. 401
Where a lot is bounded on one or more sides by the road allowance of Provincial Highway No.
401, the lot lines or portions thereof which abut the said road allowance shall not be deemed to
be a front lot line for the purposes of this By-law.
4.10 HAZARD LANDS
No buildings or structures, with the exception of bridges and those designed, used, or intended
for flood or erosion control purposes under a permit issued by the conservation authority, shall
be erected or used on lands which exhibit a hazardous condition as a result of their instability,
susceptibility to flooding, erosion, subsidence, inundation or the presence of organic soils or
steep slopes except in accordance with a permit issued by the Conservation Authority.
4.11 HEIGHT EXEMPTIONS
The height regulations shall not apply to any ornamental dome, skylight, chimney, storage silo,
barn, tower, elevator enclosure, flag pole, antennae, satellite dish, cupola, steeple or church
spire.
4.12 SETBACKS FROM MUNICIPAL DRAINS
No buildings or structures, with the exception of those designed, used, or intended for flood or
erosion control purposes or for road purposes, shall be erected:
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 fifteen (15) metres from the top-of-bank of a municipal drain having a width of
four and one-half (4.5) metres or more from top-of-bank to top-of-bank;
c)
closer than seven and one-half (7.5) metres from the centreline of a municipal tile drain.
4.13 NON-COMPLYING BUILDINGS AND STRUCTURES ON EXISTING LOTS
Where a building or structure has been erected prior to the effective date on a lot having less
than the minimum lot frontage; and/or lot area; and/or setback and/or front yard depth, and/or
side yard width, and/or rear yard depth; and/or having more than the maximum lot coverage
and/or height required by this By-law, the said building may be used, altered, repaired, or
renovated provided all other applicable regulations of this By-law are complied with and the
maximum lot coverage and/or maximum height is not further exceeded.
4.14 NON-CONFORMING USES
Nothing in this By-law shall apply to prevent:
a) 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 day of the passing of
the By-law, so long as it continues to be used for that purpose; or
Municipality of West Elgin Zoning By-law
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b 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 the Building Code Act as amended or revised from
time to time, prior to the day of the passing of the By-law, so long as the building or structure
when erected is used and continues to be used for the purpose for which it was erected and
provided the permit has not been revoked under the Building Code Act, as amended or
revised from time to time.
4.15 MINIMUM SETBACKS FROM COUNTY ROADS
Notwithstanding any other provisions of this By-law, where a building or structure is erected or
proposed to be erected adjacent to a county road, and in the absence of an established building
line, the following minimum setbacks shall be provided or maintained from the
centerline of such road:
Name
No.
between
and
Classificatio
n
Minimum
Setback*
Dunborough
Road
5
Pioneer Line
Thames River
Collector
24 m
Clachan Road
7
Johnston Line
Thames River
Collector
24 m
Johnston Line
6
Clachan
Furnival Road
Collector
24 m
Queens Line
104
Blacks Road
Rodney
Settlement Area
Collector
24 m
McMillan Line
104
Chatham Kent
Blacks Road
Collector
24 m
McDougall Line
-Colley
Road-
Stalker Line
9
Furnival Road
Dunborough
Road
Collector
24 m
Pioneer Line
2
Furnival Road
Dunborough
Road
Collector
24 m
Furnival Road
103
Talbot line
Thames River
Minor arterial
26 m
Graham Road
76
Talbot Line
Thames River
Minor Arterial
26 m
Talbot Line
3
Chatham Kent
Dunborough
Road
Minor Arterial
26 m
*not applicable within settlement areas of Rodney and West Lorne
4.16 OIL AND GAS WELLS
No building or structure shall be erected or used within seventy-five (75) metres of an oil or
gas well unless such building or structure is related to the production of oil and gas in
accordance with the O il, Gas and Salt Resources Act.
4.17 OUTDOOR FURNACES
An outdoor furnace shall:
a) only be permitted in agricultural or industrial zones;
b) not be erected within ten (10) metres of a lot line;
c) not be erected within one hundred and fifty (150) metres of a dwelling situated on a
separate lot.
4.18 PARKING REGULATIONS
4.18.1 R equired Parking Spaces
The parking space requirements provided in the following table shall apply to all uses,
buildings and structures in all zones with the exception of the Village Core (C1) Zone. The
number of required spaces shall be calculated per square metre (m2) of the net floor area of
the main building except where expressed otherwise. Parking spaces shall be provided at the
time a use is established or changed or a building or structure is erected or enlarged.
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REQUIREMENT
1
abattoir
1 per 25 m2 of retail floor space plus 1 per each employee
employed on the largest shift
2
animal clinic
4 per practitioner
3
animal hospital
1 per 45 m2
4
apartment dwelling
1.5 per dwelling unit
5
art gallery
1 per 50 m2
6
auction sales establishment
1 per 30 m2
7
bake shop
1 per 25 m2
8
banquet hall
1 per 7 seats or 1 per 35 m2 , which ever is the greater
9
bed & breakfast establishment
2 plus 1 per guest room
10
boarding house or rooming house
0.5 per guest room
11
bulk sales establishment
1 per 100m2 of lo area occupied by the bulk sales
establishment or part thereof
12
business or professional office
1 per 30 m2
13
campground or trailer park
2 per campsite
14
church
1 per 5 seats or the equivalent bench space or 1 per 10 m2
where there is no fixed seating, whichever is the greater
15
clinic
1 per 20 m2
16
club
1 per 7 seats or 1 per 35 m2 whichever is the greater
17
commercial centre
1 per 20 m2
18
community centre
1 per 10 m²
19
converted dwelling
1.5 per dwelling unit
20
day care centre, day nursery
1 per 40 m2
21
dog kennel
1 per 30 m2
22
double duplex dwelling
1.25 per dwelling unit
23
drive-in restaurant
1 per 10 m2
24
dry cleaning establishment
1 per 35 m2
25
duplex dwelling
1.5 per dwelling unit
26
dwelling unit
1 per unit
27
fitness centre
1 per 30 m2
28
flea market
1 per 30 m2
29
food processing plant
1 per each employee employed on the largest shift
30
funeral home
1 per 20 m2
31
garden centre
1 per 30 m2 plus 1 per 100 m2 outside display space
32
gas bar
3
33
general retail store
1 per 25 m2
34
golf course
4 per hole
35
group home
1 plus 0.5 per bed
36
half-way house
1 plus 0.5 per bed
37
hotel
1.5 per guest room
38
industrial use
1.5 per each employee employed on the largest shift
39
long term health care facility
1 per 2.5 beds
40
laundry establishment
1 per 35 m2
41
machine shop
1 per 25 m2
42
market garden
1 per 30 m2 plus 1 per 100 m2 of outside display space
43
micro brewery
1 per 40 m2 of processing area
44
mini-storage warehouse
10
45
motel
1.5 per guest room
46
multiple unit dwelling
1.5 per dwelling unit
47
museum
1 per 50 m2
48
nursing home or rest home
1 per 2.5 beds
49
Office
1 per 30 m2
50
paintball park
1 per 50 m2 of playfield
51
personal care establishment
1 per 20 m2
52
personal service establishment
1 per 15 m2
53
place
of
entertainment
or
amusement
1 per 35 m2
54
school, elementary
3 plus 1 per classroom
55
school, secondary or private
3 per classroom
56
restaurant
1 per 10 m2
57
retirement home
0.5 spaces per unit
57
retail store
1 per 25 m2
58
semi-detached dwelling
2 per dwelling unit
59
senior citizens home
0.5 spaces per dwelling unit
60
service shop
1 per 50 m2
61
single unit dwelling
2
62
take-out restaurant
1 per 10 m2
63
tavern
1 per 10 m2
64
townhouse dwelling
1.5 per dwelling unit
65
triplex dwelling
1.5 per dwelling unit
65
two-unit dwelling
1.5 per dwelling unit
66
variety store
1 per 25 m2
67
warehouse
1 per each employee employed on the largest shift
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4.18.2 P arking for the Physically Challenged
Parking spaces for the physically challenged shall be provided adjacent, and accessible to the
building and clearly marked for the parking of vehicles by such persons, in accordance with
the following table:
Required Spaces
Required Spaces for
Disability Parking
1-25
1
26-50
2
51-75
3
76-100
4
4.18.3 L ocation of Parking Spaces
The location of a parking space required herein shall be located on the same lot or within the
same building or structure as the use building or structure for which the said parking is
required. All parking spaces shall be located in an attached or detached private garage, or in
a driveway, or in a side or rear yard provided that the lot coverage of the spaces shall not
exceed fifty (50) percent of the lot area.
4.18.4 D imensions of Parking Spaces
A parking space required herein shall have a minimum width of 2.7 m and a minimum length
of 5.5 m except that in the case of a parking space for the physically challenged which shall
have a minimum width of 3.7 m and a minimum length of 6.0 m. and except for those required
to accommodate vehicles with boat trailers which shall have a minimum width of 3 m and a
minimum length of 11 m.
4.18.5 A dditions to Existing Uses
The parking space requirements of this By-law shall apply to any existing building or structure
so long as the floor area of the said building or structure is not increased and the building or
structure is used for a purpose which does not require additional parking spaces as required
by this By-law than were required by virtue of its size or use on the effective date. Where a
use is changed or the floor area of a building or structure is enlarged or there is an increase
in the number of divisible units (e.g. seating capacity), then such additional parking spaces
shall be provided to the number required for such change.
4.18.6 C alculation of Required Parking Spaces
When calculating the number of required parking spaces, the following shall apply:
a) where a building, structure or lot accommodates more than one use, the required parking
spaces shall be the sum of the required parking spaces for the individual uses. Parking
spaces for one use shall not be considered as providing the required parking spaces for
any other use.
b) where seating accommodation is provided by benches, 0.6 m of bench space shall be
equivalent to one (1) seat.
c) if calculation of the required parking spaces results in a fraction, the required parking
spaces shall be the next highest whole number notwithstanding Section 1.5 of this By- law
to the contrary.
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4.19 PROHIBITED USES
The following shall be prohibited in any zone unless specifically permitted otherwise.
a)
a mobile home;
b)
the use of truck, bus, coach, railway car, or streetcar bodies or part thereof for
thepurposes of any use permitted by this By-law;
c)
the use of any travel trailer, truck camper, or motor home for living, sleeping, eating or
accommodation.
4.20 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, by a public authority provided:
a)
the lot coverage, setback, and yard requirements of the zone in which such land,
building, or structure is located are complied with;
b)
no outside storage shall be permitted in a residential zone; in a yard on a lot adjacent to
a residential zone; or in a yard on a lot lying opposite a residential zone.
The provisions of a) shall not apply to any use, building or structure erected or used by Hydro
One required for the transmission or distribution of electricity.
4.21 RESIDENTIAL DRIVEWAYS
a) The maximum width of a driveway, measured along the sidewalk where such exists, and along
the street line shall otherwise be nine (9.0) metres.
b) 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.
c) The minimum distance between a lot line and any driveway, with the exception of a mutual
or common driveway, shall be one (1.0) metre. A driveway shall, however, be allowed to
intersect a lot line in accordance with the provisions of subsection d).
d) The interior angle formed between the street line and the centre line of any driveway shall
not be less than forty-five (45) degrees.
4.22 SECOND RESIDENTIAL UNITS
Where in this By-law a single unit dwelling is listed as a permitted use, a second dwelling unit
shall also be permitted either within that dwelling or within a building accessory to the said
dwelling subject to the following:
a) Where the second dwelling unit is located within the single unit dwelling:
i) an independent entrance to the second dwelling unit from the street shall be provided;
ii) the requirements of the Ontario Building Code shall be complied with;
iii) a minimum height of 2.0 m shall be maintained where located in a basement or cellar;
iv) a minimum of one parking space dedicated to the unit shall be provided.
b) Where the second dwelling unit is located within an accessory building:
i) the requirements herein with respect to an accessory building shall be complied with;
ii) the requirements of the Ontario Building Code shall be complied with;
iii) the dwelling unit shall be connected to the municipal water supply system and the
municipal sanitary sewage system where such services are available;
iv) where connection to the municipal water supply system is not available, the dwelling unit
shall be connected to an individual on-site water service capable of producing a minimum
of 18.9 litres/ minute;
v) where connection to the municipal sanitary sewage system is not available, the dwelling
unit shall be connected to an approved individual on-site sewage service.
vi) a minimum of one parking space dedicated to the unit shall be provided.
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4.23 SCHOOL BUS HUTS OR SHELTERS
Notwithstanding section 4.1 to the contrary, a school bus hut or shelter
a)
shall not exceed two (2.0) m2 in floor area;
b)
shall not exceed three (3.0) m in height;
c)
may be erected in a front yard or exterior side yard;
d)
may be erected closer to a streetline than the main building is to that street line;
e)
may be erected closer than one (1.0) m from a lot line.
4.24 SEWAGE TREATMENT FACILITIES
No residential use shall be permitted closer than one hundred (100) metres from a sanitary
sewage lagoon or sewage treatment plant.
4.25 SHIPPING CONTAINERS and STORAGE CONTAINERS
A shipping container or storage container shall not:
a)
be erected or used in a residential zone or institutional zone;
b)
be erected within one (1.0) metre of a lot line;
c)
exceed the maximum floor area and/or the maximum coverage requirement for an
accessory building or structure of the zone in which it is situated;
d)
be erected in a front yard or an exterior side yard;
e)
be stacked one on top of the other; and,
f)
be permitted as the sole structure on any property.
Notwithstanding the foregoing to the contrary, a shipping container or storage container may
be temporarily located in a residential zone or institutional zone for a period of time not
exceeding 30 days in any calendar year. A shipping container shall meet the requirements of
the Ontario Building Code.
4.26 SIGHT TRIANGLES
On a corner lot within the triangular space included between the street lines for a distance of
nine (9.0) metres from their point of intersection, no building, structure or fence shall be erected,
no driveway shall be located, and no shrubs or foliage shall be planted or maintained between
a height of one-half (0.5 metres) and three (3.0) metres above the centre line grade of the
intersecting streets which obstruct the view of a driver of a motor vehicle approaching the
intersection.
4.27 WAYSIDE PITS, QUARRIES, PORTABLE ASPHALT PLANTS, PORTABLE CONCRETE
P LANTS
Wayside pits, wayside quarries, portable asphalt plants and portable concrete plants used in
conjunction with a road construction project by a pubic authority or its agents shall be permitted
in all zones provided that any portable asphalt plant is not erected any closer than 300 m to an
institutional use or a residential use.
4.28 WETLANDS
Within provincially significant wetlands and locally significant wetlands, as shown on the Zone
Maps, lands shall remain in their natural state and no change in use shall be permitted and no
buildings or structures shall be erected.
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4.29 YARD ENCROACHMENTS AND OBSTRUCTIONS
4.29.1 E NCROACHMENTS
No part of any required yard shall be obstructed by any building or structure or portion
thereof except one or more of the following:
a) accessory buildings or structures specifically permitted in a required yard elsewhere in
this By-law;
b) architectural adornments including, but not necessarily limited to, sills, belt courses,
chimneys, cornices, eaves, gutters, parapets, pilasters and roof trusses, projecting not
more than one-half (0.5) metre into any required yard except that no eaves of any building
located within a residential zone shall be located closer than 0.6 m to any lot line;
c) functional and ornamental structures including, but not necessarily limited to, drop
awnings, clothes poles, ornamental fountains, statues, monuments, cenotaphs, memorials,
planters, garden trellis, fences, boundary and retaining walls, hedgerows and legal signs;
d) unenclosed fire escapes or outside staircases in which the stair steps and floors are
latticed in such a manner that the proportion of voids to solids is not less than two to one
and in which guards consist only of hand rails and the structural members necessary to
their support, and which do not project more than one and one-half (1.5) metres into any
required yard;
e) awnings, atriums, and bay windows, projecting not more than one (1.0) metre into any
required yard and which do not project into any sight triangle;
f) open roofed porches, decks and uncovered terraces, projecting not more than two and
one-half (2.5) metres into any required front yard, exterior side yard, or rear yard, and
which do not project into any sight triangle;
g) central air conditioning or heat pump units provided such units are located a minimum of
1.2 m from a side or rear lot line;
h) uncovered ramps for the physically challenged.
4.29.2 P ROJECTIONS
No part of any building or structure on any lot shall project beyond the lot line or street line of
such lot.
4.30 RETAIL SALE OF CANNABIS
Notwithstanding any other provisions of the By-law, where a building or structure will be used
for the retail sale of cannabis, the minimum setback shall be no less than one hundred and
fifty (150) metres to any Institutional Building or Structure.
4.31 L IGHTING FACILITIES
Where private lighting facilities are provided in any Zone to illuminate buildings and structures
or uses, they shall be designed to be energy efficient, be directed downwards and located or
arranged to deflect glare away from adjacent residential uses, streets, and the night sky and
to avoid any confusion with traffic signals.
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S ECTION 5. G ENERAL AGRICULTURAL (A1) ZONE
The General Agricultural (A1) Zone applies to the majority of lands designated 'Agricultural' in the
Municipality by the West Elgin Official Plan. It includes productive agricultural land under active
cultivation as well as non-active farmland, pasture land, woodlands, ravine land, wetlands and other
natural areas despite the fact they may not be used or capable of being used for agricultural purposes.
Permitted uses in the A1 zone include a broad range of agricultural activities from the cultivation of
land and production of crops to the breeding, raising and care of livestock. Other uses such as forestry,
riding schools, dog kennels and wildlife preserves are also permitted in recognition that such uses
are appropriately located in the rural area and are complementary or not in conflict with agricultural
uses. The production of oil and natural gas is also permitted. Lands zoned A1 are typically large
parcels greater than 2 ha (5 acres) in size. Where new agricultural parcels are proposed to be created,
the minimum lot area requirement for each parcel is 40 hectares (100 acres) as stipulated generally
by the West Elgin Official Plan. Livestock buildings and structures and additions thereto as well as
manure storage facilities are required to comply with Minimum Distance Separation (MDS) Formulae
as established by the Province and implemented under the guidelines established by the Province, as
amended from time-to-time.
5.1
GENERAL USE REGULATIONS
5.1.1
P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
General Agricultural (A1) Zone except for the following purposes:
accessory living quarters for seasonal farm help
agricultural use
agri-tourism use
bed and breakfast establishment
cabin
converted dwelling
dog kennel
existing cemetery
farm winery
home occupation
hunting preserve
landing strip
riding school
production of oil and natural gas
single unit dwelling
secondary farm occupation
wildlife preserve
TABLE 5-1
G ENERAL AGRICULTURAL (A1) ZONE STANDARDS
1
Minimum Lot Area
20.2 ha
2
Minimum Lot Frontage
300 m
3
Maximum Lot Coverage
20 %
4
Front Yard Depth
15 m
5
Side Yard Width
15 m
10 m
6
Rear Yard Depth
15 m
7
Maximum Building Height
10.5 m
8
Maximum Dwellings/Lot
1
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FOOTNOTES
for lot frontages > 100 m
for lot frontages < 100 m
dwellings only
5.2 SPECIAL USE REGULATIONS
5.2.1
L IVESTOCK BUILDINGS, STRUCTURES AND MANURE STORAGE FACILITIES
-
M
INIMUM DISTANCE SEPARATION
No livestock building, structure or manure storage facility shall be altered, erected or used
except in compliance with Minimum Distance Separation (MDS) Formulae as established
by the Province and implemented under the guidelines established by the Province, as
amended from time-to-time.
5.2.2
C ABINS
The following provisions shall apply to cabins:
a) shall be limited to a maximum of one per lot,
b) shall not exceed a floor area of fifty (50) square metres.
5.2.3
D OG KENNELS
The following minimum distances shall apply to dog kennels:
a) from a dwelling located on a separate lot outside
a settlement area
150 m
b) from lands zoned I
150 m
c) from lands zone RVP
d) from a settlement area
300 m
450 m
5.2.4
H OME OCCUPATIONS
The following provisions shall apply to home occupations:
a) shall be conducted within the dwelling or within an attached private garage provided the
external character of the dwelling as a residence does not change or within an accessory
building or detached private garage.
b) shall, if conducted within the dwelling or within an attached garage not exceed forty (40)
percent of the total floor area of the dwelling and garage and if conducted within an
accessory building shall not exceed 100 hundred (100) square metres in floor area;
c) a nuisance, particularly in regard to noise, odour, refuse, traffic or parking issue shall not
be created;
d) outside storage shall be limited and screened from public view;
e) shall be restricted to a maximum of one non-flashing sign, one (1.0) square metre in area.
5.2.5
S ECONDARY FARM OCCUPATIONS
The following provisions shall apply to secondary farm occupations:
Municipality of West Elgin Zoning By-law
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a) shall be located in a building not more than fifty (50) metres from the dwelling on the lot;
b) shall not exceed three hundred (300) square metres in floor area;
c) shall be located a minimum distance of one hundred and fifty (150) metres from a dwelling
situated on a neighbouring lot;
d) outside storage shall be limited to a contiguous one hundred and fifty (150) square metre
area situated adjacent and to the side or rear of the building in which the secondary farm
occupation is conducted;
e) shall be restricted to a
maximum of one sign, two (2.0) square metres in area.
f) the maximum number persons engaged in the secondary farm occupation but who reside
in a dwelling elsewhere than on the lot on which the occupation is conducted shall be
three(3).
5.2.6
S INGLE UNIT DETACHED DWELLINGS
A single unit dwelling shall:
a)
not be erected closer than one hundred and fifty (150) metres to a dog kennel on a
neighbouring lot;
b)
comply with provincially approved Minimum Distance Separation (MDS) Document.
The foregoing shall not apply to the alteration of an existing dwelling or the replacement of
an existing dwelling with a new dwelling.
5.3 S ITE-SPECIFIC ZONES
5.3.1 a)
D efined Area
A1-1 as shown on Schedule "A" Map No. 3, Map No.13, Map No.34 and Map No.74.
b)
M
inimum Lot Frontage
0 m
c)
E xemption
Section 4.5 b) and Section 4.8 of this By-law shall not apply.
5.3.2 a)
D efined Area (Maintenance Free Decking Experts)
A1-2 as shown on Schedule "A" Map No.21.
b)
P ermitted Uses
sale, storage and display of fencing, decking, gazebos and similar items in existing
buildings
all other permitted uses of the A1 zone.
5.3.3 a)
D efined Area (Lupsor Motors)
A1-3 as shown on Schedule "A" Map No. 66.
b)
P ermitted Uses
motor vehicle sales establishment
single unit detached dwelling
P a g e | 46
5.3.4
a)
D efined Area (Bree-Ideal Monuments)
A1-4 as shown on Schedule "A" Map No.72.
b)
P ermitted Uses
sale of monuments
single unit detached dwelling
c)
M
aximum Number of Dwellings
2
5.3.5
a)
D efined Area (The Stable Grounds)
A1-5 as shown on Schedule "A" Map No. 8.
P ermitted Uses
Wellness Facility in addition to all other A1 Permitted Uses.
For the purposes of this By-law, a Wellness Facility shall be defined as an establishment
that provides full-time health services for the body and mind including addictive
substance disorders as secondary illnesses for twenty-four (24) hours a day and for a
period of no greater than ninety (90) days on an in-client basis. Full-time staff that
provides full-time care to clients shall also be permitted to reside on the property.
5.36
a)
Defined Area (22100 Downie Line)
A1-6 as shown on Schedule "A" Map No. 37
Minimum Lot Area - 19 ha
5.37
a)
Defined Area (23727 Beattie Line)
A1-7 as shown on Schedule "A" Map No. 10
Permitted Uses
Those uses permitted under subsection 5.1.1
A second single unit dwelling
Home Occupations
Notwithstanding Section 5.2.4 b) a home occupation within an accessory building on lands
known municipally as 23727 Beattie Line shall not exceed 250 square meters in floor area.
5.38 a)
Defined Area (VL NS Fleming Line)
A1-8 as shown on Schedule "A" Map No. 2
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Home Occupations
Notwithstanding Section 5.2.4 b) a home occupation within an accessory building on lands
known municipally as VL NS Fleming Line shall not exceed 500 square meters in floor area.
5.39
a)
Defined Area (24424 Pioneer Line)
A1-9 as shown on Schedule "A" Map No. 50
b)
Permitted Uses
Agriculture-Related Service Use
All other uses permitted in the A1 Zone
c)
Notwithstanding any other provisions of the by-law to the contrary building area used for an
agriculture-related service use shall:
i)
be limited to a maximum gross floor area of 558 sq. m including shop and office
space, and prohibit outdoor display and sales.
5.3.10 a)
Defined Area (15677 Dunborough Road)
A1-10 as shown on Schedule "A" Map No. 13
Permitted Uses
Those uses permitted under subsection 5.1.1
A second single unit dwelling
5.3.11 a)
Defined Area (Kelly - Toth)
A1-11 as shown on Schedule "A" Map No. 47
b) Minimum Lot Frontage
i) As existed on the date of passing of this by-law
5.3.12 a)
Defined Area (Hadash-Arvai)
A1-12 as shown on Schedule "A" Map No. 37
b) Minimum Lot Area
i) As existed on the date of passing of this by-law"
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S ECTION 6. A GRICULTURAL (A2) ZONE
The Agricultural (A2) Zone is virtually identical to the General Agricultural (A1) Zone with the exception
that dwellings, as well as uses which normally require, or are associated with, a dwelling, are not
permitted. It also applies in areas designated 'Agricultural' in the West Elgin Official Plan. Lands zoned
A2 have been the subject of a consent for the purposes of disposing a surplus farm dwelling on
condition that any subsequent or future dwelling would be prohibited on the remaining lands in
accordance with the Provincial Policy Statement (PPS), the County of Elgin Official Plan and the West
Elgin Official Plan. The minimum lot area of a parcel zoned A2 is the area of the parcel on the day the
consent was given to create the lot to dispose the surplus farm dwelling.
6.1
GENERAL USE REGULATIONS
6.1.1
P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Agricultural (A2) Zone except for the following purposes:
agricultural use
agri-tourism use
farm winery
hunting reserve
production of oil and natural gas
wildlife preserve
TABLE 6-1
A GRICULTURAL (A2) ZONE STANDARDS
1 Minimum Lot Area
2 Minimum Lot Frontage
3 Maximum Lot Coverage
20%
4 Front Yard Depth
15 m
5 Side Yard Width
15 m
10 m
6 Rear Yard Depth
15 m
7 Maximum Building Height
10.5 m
8 Maximum Dwellings/Lot
1
FOOTNOTES
the area of the lot on the day it was created
the frontage of the lot on the day it was created
for lot frontages > 100 m
for lot frontages < 100 m
dwellings only
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
P a g e | 49
6.2
SPECIAL USE REGULATIONS
6.2.1
L IVESTOCK BUILDINGS, STRUCTURES AND MANURE STORAGE FACILITIES -
M
INIMUM DISTANCE SEPARATION
No livestock building, structure or manure storage facility shall be altered, erected or used
except in compliance with Minimum Distance Separation (MDS) Formulae as established by
the Province and implemented under the guidelines established by the Province, as
amended from time-to-time.
6.3
S ITE-SPECIFIC ZONES
6.3.1 a) Defined Area (AGinvest)
A2-1 as shown on Schedule "A" Map No. 44
b) Minimum Side Yard
i) For an existing grain storage bin 2.5 metres
ii) For an existing agricultural storage building 12 metres
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
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S ECTION 7. R ESTRICTED AGRICULTURAL (A3) ZONE
The Restricted Agricultural (A3) Zone applies in areas designated 'Agricultural' in the West Elgin
Official Plan to parcels ranging in size from 4,000 sq. m (1 acre) to 2 hectares (5 acres). The A3 zone
also applies to lots created by consent to dispose a surplus farm dwelling where the size of the lot is
greater than 4,000 sq. m (1 acre). Agricultural uses are permitted with the exception of the breeding,
raising and care of livestock governed by the provisions of the Nutrient Management Act, fur farming
and mushroom farming.
7.1
GENERAL USE REGULATIONS
7.1.1
P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Restricted Agricultural (A3) Zone except for the following purposes:
agri-tourism use
animal clinic
animal hospital
bed and breakfast establishment
dog kennel
day care centre
home occupation
single unit dwelling
secondary farm occupation
restricted agricultural use
TABLE 7-1
R ESTRICTED AGRICULTURAL (A3) ZONE STANDARDS
1
Minimum Lot Area
4000 m²
2
Minimum Lot Frontage
30 m
3
Maximum Lot Coverage
20%
4
Front Yard Depth
15 m
5
Side Yard Width
a) interior lot
b) corner lot
a) 7.5 m
b) 7.5 m on the interior side and
the
Front
Yard
Depth
or
Minimum Setback whichever is
greater on the other side
6
Rear Yard Depth
a) Single unit dwelling
a) 10.0 m
7
Maximum Building Height
a) single unit dwelling
a) 10.5 m
8
Maximum Floor Area
a) livestock building or structure
100 m²
9
Maximum Number of Dwellings
per Lot
1
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
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7.2
SPECIAL USE REGULATIONS
7.2.1
A CCESSORY BUILDINGS AND STRUCTURES
An accessory building or structure shall not:
a) be used for human habitation with the exception of a cabin;
b) be erected closer than three (3.0) metres from the side lot lines on an interior lot; and
closer than fifteen (15) metres on the side abutting the street and three (3.0) metres on the
other side on a corner lot;
c) be erected closer than three (3.0 metres to the rear lot line;
d) exceed a height of seven-and-a half (7.5) metres;
7.2.2
M
AXIMUM NUMBER OF LIVESTOCK
The maximum number of livestock permitted at any given time shall not exceed the
requirements of the N utrient Management Act which trigger the need for a nutrient
management strategy, (i.e. 5 or more nutrient units) and shall not exceed the equivalent of
one nutrient unit for every 4000 m2 of lot area or portion thereof of lot area where one (1)
nutrient unit is equivalent to and limited to one of the following or combination thereof to a
maximum of three:
1 horse or 1 pony or combination thereof*
75 chickens housed or 20 free range
50 turkeys
1 beef cow (including calf)
1 dairy cow (including calf)
2 beef feeders
5 emus
4 sheep (including offspring)
4 goats (Including offspring)
3 ostrich
40 rabbits
*provided the maximum number of horses and/or ponies does not exceed 2
7.2.3
D OG KENNELS
The following minimum separation distances shall apply to dog kennels:
a) from a dwelling located on a separate lot
outside a settlement area
150 m
b) from lands zoned I
150 m
c) from lands zoned RVP
300 m
d) from a settlement area
450 m
7.2.4
H OME OCCUPATIONS
The following provisions shall apply to home occupations:
a) the external character of the dwelling as a residence shall not change where conducted
within the dwelling or an attached private garage;
b) shall, if conducted within the dwelling or within an attached private garage, not exceed forty
(40) percent of the total floor area of the dwelling and attached private garage or shall not
exceed two hundred (200) square metres if conducted within an accessory building or a
detached private garage;
c) a nuisance, particularly in regard to noise, odour, refuse or parking, shall not be created;
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
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d) outside storage shall be limited and screened from public view;
e) external display or advertisement other than one non-flashing sign, a maximum size of
one (1.0) square metres in area, shall not be permitted.
7.2.5
S ECONDARY FARM OCCUPATIONS
The following provisions shall apply to secondary farm occupations:
a) shall be located in a building situated behind and to the rear of the dwelling on the lot and
not more than (fifty) 50 metres from the said dwelling:
b) shall not exceed a maximum of three hundred (300) square metres in floor area of the
building within which it is located;
c) shall be located a minimum distance of 150 square metres from a dwelling situated on a
neighbouring lot;
d) outside storage shall be limited to a contiguous one hundred and fifty (150) square metre
area located immediately behind and to the rear of the building in which the secondary
farm occupation is conducted;
e) external display or advertisement shall be limited to one (1) sign not exceeding one (1.0)
square metre in area;
f) the maximum number persons engaged in the secondary farm occupation but who reside
in a dwelling other than on the lot on which the occupation is conducted shall be restricted
to two.
7.2.6
S INGLE UNIT DWELLINGS
A single unit detached dwelling shall:
a)
not be erected closer than one hundred and fifty (150) metres to a dog kennel on a
neighbouring lot;
b)
comply with provincially approved Minimum Distance Separation (MDS) Document.
The foregoing shall not apply to the alteration of an existing dwelling or the replacement of
an existing dwelling with a new dwelling.
7.3
SITE-SPECIFIC ZONES
7.3.1
a)
D efined Area
A3-1 as shown on Schedule "A" Map No. 26.
b)
H ome Occupation
Notwithstanding Section 7.2.3 b) of this By-law to the contrary, a home occupation
having a maximum floor area of 350 m2 shall be permitted.
7.3.2
a)
D efined Area (Robert Boothe - CS Cooking Oil Removal)
A3-2 as shown on Schedule "A" Map No. 55.
b)
P ermitted Uses
home occupation for the storage and sale of used cooking oil in addition to all other
permitted uses of the A2 zone.
c)
M
aximum Floor Area
home occupation for the storage and sale of used cooking oil
550 m2
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
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d)
Maximum Number of Employees residing Off-Site
Two (2)
7.3.3
a)
D efined Area (Lapadat)
A3-3 as shown on Schedule "A" Map No. 56.
b)
Section 4.1 b), c) and d) shall not apply to the existing greenhouses.
7.3.4
a)
D efined Area (Barfett)
A3-4 as shown on Schedule "A" Map No. 37.
b)
M
inimum Side Yard Width
1.0 m (existing accessory building)
7.3.5
a)
D efined Area (Vanderloo)
A3-5 as shown on Schedule "A" Map No. 38.
b)
P rohibited Uses
The keeping of livestock.
7.36
a)
Defined Area (VanLith)
A3-6 as shown on Schedule "A" Map No. 14
b)
Minimum Lot Frontage
6 metres
7.3.7 a)
Defined Area (Knight)
A3-7 as shown on Schedule "A" Map No. 44
b)
Minimum Lot Frontage
6 metres
7.3.8 a)
Defined Area (Forbestfarm)
A3-8 as shown on Schedule "A" Map No. 17
b)
Minimum Lot Frontage
15 metres
7.3.9 a)
Defined Area (AGinvest)
A3-9 as shown on Schedule "A" Map No. 44
b)
Minimum Westerly Side Yard
5 metres
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
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7.3.10 a)
Defined Area (Zylstra)
A3-10 as shown on Schedule "A" Map No. 31
b)
Minimum southerly side yard for a dwelling 6.5 m
Maximum Lot Coverage 30%
Minimum Side Yard for existing accessory buildings
1.5 metres
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
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S ECTION 8. R ESIDENTIAL FIRST DENSITY (R1) ZONE
The Residential First Density (R1) Zone applies exclusively to lots developed for the purposes of
single unit dwellings in the village areas of Rodney and West Lorne on, for the most part, lands
designated 'Residential' in the West Elgin Official Plan. Within the R1 zone, standards apply to such
matters as minimum lot area, minimum lot frontage, minimum setbacks from property lines (i.e. front
yard depth, rear yard depth) maximum building height and maximum lot coverage. Lands zoned R1
are, or are intended to be, fully serviced by the municipal water supply system and municipal sanitary
sewage system. The R1 zone has a minimum lot frontage of 15 m (50 feet) and a minimum lot area
of 600 sq m (6458 sq ft). Existing lots with less than the minimum lot frontage and/or minimum lot
area are exempt from meeting these requirements as long as the minimum required setbacks and
maximum lot coverage and maximum building height standards are complied with.
8.1
GENERAL USE REGULATIONS
8.1.1
P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Residential First Density (R1) Zone except for the following purposes:
home occupation
single unit dwelling
TABLE 8-1
R ESIDENTIAL FIRST DENSITY (R1) ZONE STANDARDS
1
Minimum Lot Area
600 m²
2
Minimum Lot Frontage
a) On a corner lot
b)
On an interior lot
a)
b)
18 m
15 m
3
Maximum Lot Coverage
30%
4
Front Yard Depth
7.5 m
5
Side Yard Width
a) single unit dwelling
b) single unit dwelling without
attached garage or carport
c)
single unit dwelling on a corner lot
a) 1.5 m + 0.5m for each
additional or partial storey
above the first
b) 1.5 m + 0.5 m for each
additional or partial storey
above the first on one side
and 4.5 m on the other side
c) 7.5 m on the side abutting a
street and 1.5 m + 0.5m for
each additional or partial
storey above the first on the
other side
6
Rear Yard Depth
a) single unit dwelling
a) 7.5 m
7
Maximum Building Height
a) single unit dwelling
a) 10.5 m
8
Maximum Dwellings per lot
1
9
Municipal Services
No dwelling shall be erected or used that is not connected to the municipal
water supply system and the municipal sanitary sewage system.
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
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8.2 SPECIAL USE REGULATIONS
8.2.1
H OME OCCUPATIONS
The following provisions shall apply to home occupations:
a) outside storage of materials, containers, or finished products shall not be permitted;
b) the character of the dwelling as a residence shall not change, or a nuisance particularly in
regard to noise, traffic or parking shall not be created;
c) mechanical equipment shall not be used, the operation of which would result in any noise,
fumes, dust, or odour escaping to any adjoining use;
d) not more than 25 percent of the total floor area of the dwelling or forty (40) square metres
whichever is the lesser, shall be used for the home occupation;
e) where a bed and breakfast establishment is operated as a home occupation, the minimum
off-street parking spaces required shall be one (1) per room used for the purposes in
addition to the requirements for the dwelling;
f) a maximum of one non-flashing sign, one-half (0.5) square metre in area shall be permitted.
8.3 S ITE-SPECIFIC ZONES
8.3.1 a)
D efined Area (Dr. J. Pucovsky)
R1-1 as shown on Schedule "B" Map No. 2.
b)
P ermitted Uses
business or professional office
all other permitted uses of the R1 zone
8.3.2 a)
D efined Area (Fordham Motors)
R1-2-H-3 as shown on Schedule "B", Map No. 2.
b)
P ermitted Uses
parking lot
all other permitted uses of the R1 zone
8.3.3 a)
Defined Area (Fairles parking lot)
R1-3 as shown on Schedule "B" Map No. 4.
b)
P ermitted Uses
parking lot
all other permitted uses of the R1 zone
8.3.4 a)
D efined Area
R1-4 as shown on Schedule "B" Map No. 4.
b)
M
aximum Number Of Dwellings per Lot
2
c)
R ear Yard Depth
existing former church
0.2m
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
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8.3.5
a)
D efined Area (West Elgin Variety)
R1-5 as shown on Schedule "C" Map No. 3.
b)
P ermitted Uses
business or professional office
car wash
gas bar
restaurant
retail store
variety store
8.3.6
a)
D efined Area (Santos)
R1-6 as shown on Schedule "C" Map No. 5.
b)
S ide Yard Width (west side)
1.2 m
8.3.7
a) Defined Area (Hope Harbour)
R1-7-H-1 as shown on Schedule "G" to this By-law. - Blocks (3-11, 36, 39, 43 & 44)
b) Notwithstanding the provisions of Section 8 of the By-law, the lands zoned R1-7-H-1 on
Schedule "G" to this By-law may be developed and used on public or private roads in
accordance with Section 4.8 of this By-law; and may be serviced by a private piped water
system and a private sanitary sewage system."
c) Notwithstanding the provisions of Section 8 of the By-law, the lands zoned R1-7-H-1 the
following Zone Standards Apply:
Minimum Lot Area (Corner)
450 sq.m.
Minimum Lot Area (Interior)
300 sq.m.
Minimum Lot Frontage (Corner)
10 m
Minimum Lot Frontage (Interior)
10 m
Minimum Front Yard
6.0 m
Minimum Exterior Side Yard
3.5 m
Minimum Interior Side Yard
2.5 m
With attached garage
1.2 m
Minimum Rear Yard
6.0 m
Maximum Lot Coverage (Main Structure)
40%
Maximum Lot Coverage
50%
8.3.8
a) Defined Area (Hope Harbour)
R1-8-H-1 as shown on Schedule "G" to this By-law. - Blocks (1 & 2)
b) Notwithstanding the provisions of Section 8 of the By-law, the lands zoned R1-8-H-1 on
Schedule "G" to this By-law may be developed and used on public or private roads in
accordance with Section 4.8 of this By-law; and may be serviced by a private piped water
system and a private sanitary sewage system."
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
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c) Notwithstanding the provisions of Section 8 of the By-law, the lands zoned R1-8-H-1 the
following Zone Standards Apply:
Minimum Lot Area (Corner)
450 sq.m.
Minimum Lot Area (Interior)
360 sq.m.
Minimum Lot Frontage (Corner)
10 m
Minimum Lot Frontage (Interior)
9.5 m
Minimum Front Yard
3.5 m
Except Any Garage Minimum Setback
6.0 m
Minimum Exterior Side Yard
4.5 m
Minimum Interior Side Yard
2.5 m
With attached garage
1.8 m
Minimum Rear Yard
6.0 m
Maximum Lot Coverage (Main Structure)
40%
Maximum Lot Coverage
50%
8.3.9
a) Defined Area (Hope Harbour)
R1-8-H-3-H-9 as shown on Schedule "G" to this By-law. - Blocks (12 & 13)
b) Notwithstanding the provisions of Section 8 of the By-law, the lands zoned R1-8-H-3-H-9 on
Schedule "G" to this By-law may be developed and used on public or private roads in
accordance with Section 4.8 of this By-law; and may be serviced by a private piped water
system and a private sanitary sewage system."
c) Notwithstanding the provisions of Section 8 of the By-law, the lands zoned R1-8-H-3-H-9 the
following Zone Standards Apply:
Minimum Lot Area (Corner)
450 sq.m.
Minimum Lot Area (Interior)
360 sq.m.
Minimum Lot Frontage (Corner)
10 m
Minimum Lot Frontage (Interior)
9.5 m
Minimum Front Yard
3.5 m
Except Any Garage Minimum Setback
6.0 m
Minimum Exterior Side Yard
4.5 m
Minimum Interior Side Yard
2.5 m
With attached garage
1.8 m
Minimum Rear Yard
6.0 m
Maximum Lot Coverage (Main Structure)
40%
Maximum Lot Coverage
50%
8.3.10
a) Defined Area (Marsh Line)
R1-9 as shown on Schedule "C", Map 5.
b) Permitted Uses
home occupation
single unit dwelling
c) Notwithstanding the provisions of Section 9 of the By-law, the lands zoned R1-9 the following
Zone Standards Apply:
i)
Minimum Lot Area
440 sq. m
ii)
Minimum Lot Frontage (interior lot)
12.8 m
iii)
Minimum Front Yard
6 m
iv)
Minimum Exterior Side Yard
4.0 m
v)
Minimum Interior Side Yard
with attached garage
1.2 m
vi)
Minimum Interior Side Yard
no attached garage
1.2 m on one side &
4.0 m on the other side
vii)
Maximum Lot Coverage
40%
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
P a g e | 59
8.3.11
a) Defined Area (Uniek Holdings)
R1-10 as shown on Schedule "C", Map 2.
b) Permitted Uses
home occupation
single unit dwelling
townhouse dwelling limited to a maximum of five dwelling units
c) Notwithstanding the provisions of Section 8 of the By-law, for the lands zoned R1-10 the
following Zone Standards apply:
viii)
Minimum Lot Area
800 sq. m
ix)
Minimum Lot Frontage (interior lot)
20 m
x)
Minimum Front Yard
7.5 m
xi)
Minimum Interior Side Yard (easterly)
2 m
xii)
Minimum Interior Side Yard (westerly)
6 m
xiii)
Minimum Rear Yard
1.8 m
xiv)
Maximum Lot Coverage
50%
d) Notwithstanding Section 4.18.1 a five-unit townhouse dwelling shall provide a minimum of
1 parking space per dwelling unit.
e) Notwithstanding Section 4.18.3 parking may be located in a front yard.
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
P a g e | 60
S ECTION 9. R ESIDENTIAL SECOND DENSITY (R2) ZONE
The Residential Second Density (R2) Zone applies to low density, two unit residential development
on full municipal services in the village areas of Rodney and West Lorne. The corresponding land use
designation in the Municipality's Official Plan is also 'Residential'. Dwellings are restricted primarily to
two unit dwellings in a number of different configurations (e.g. semi-detached dwellings, duplex
dwellings, converted dwellings). Group homes are also permitted. Standards apply to such matters
as lot area, frontage, setbacks from property lines, coverage and height. Standards vary based on
dwelling type. Single unit dwellings are permitted on lots smaller than required in the R1 zone.
9.1
GENERAL USE REGULATIONS
9.1.1
P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Residential Second Density (R2) Zone except for the following purposes:
converted dwelling
day care centre
day nursery
duplex dwelling
group home
home occupation
semi-detached dwelling
single unit dwelling
two-unit dwelling
TABLE 9-1
R ESIDENTIAL SECOND DENSITY (R2) ZONE STANDARDS
1 Minimum Lot Area
a) converted dwelling
b) semi-detached dwelling
c) duplex and two-unit dwelling
d) single unit dwelling
a) existing
b) 300 m² per dwelling unit
c) 600 m²
d) 500 m2
2 Minimum Lot Frontage
a) converted dwelling
b) semi-detached dwelling
c) duplex and two-unit dwelling
d) single unit dwelling
a) existing
b) 10.5 m per dwelling unit
c) 20 m
d) 12 m
3 Maximum Lot Coverage
40 %
4 Front Yard Depth
6.0 m
5 Side Yard Width
a) semi-detached dwelling
b) dwelling with attached garage or
carport
c) dwelling without attached garage or
carport
d) dwelling on a corner lot
a) existing
b) 1.5 m provided that no side
yard shall be required between
the
common
wall
dividing
dwelling units
c) 1.5 m
d) 1.5 m on one side and 4.5 m
on the other side
e) 7.5 m on the side abutting the
street and the requirements of
a) , b), and c) above as the
case may be on the other side
6 Rear Yard Depth
a) Single unit dwelling
7.5 m
7 Maximum Building Height
a) main building
a) 10.5 m
8 Minimum Outdoor Amenity Area
45 m2 per dwelling unit
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
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9 Maximum No. of Dwelling Units
2
10 Municipal Services
No dwelling shall be erected or used that is not connected to the municipal
water supply system and the municipal sanitary sewage system.
9.2
SPECIAL USE REGULATIONS
9.2.1
H OME OCCUPATIONS
The following provisions shall apply to home occupations:
a) outside storage of materials, containers, or finished products shall not be permitted;
b) the character of the dwelling or dwelling unit as a residence shall not change, or a
nuisance particularly in regard to noise, traffic or parking shall not be created;
c) mechanical equipment shall not be used, the operation of which would result in any noise,
fumes, dust, or odour escaping to any adjoining use;
d) not more than 25 percent of the total floor area of the dwelling or dwelling unit or forty (40)
square metres whichever is the lesser, shall be used for the home occupation;
e) a maximum of one non-flashing sign, one-half (0.5) square metre in area shall be
permitted.
9.3
S ITE-SPECIFIC ZONES
9.3.1
a) Defined Area (Donwest / Finney St.)
R2-1 as shown on Schedule "C", Map 2.
b) Permitted Uses
duplex dwelling
group home
home occupation
semi-detached dwelling
single unit dwelling
two-unit dwelling
c) Notwithstanding the provisions of Section 9 of the By-law, the lands zoned R2-1 the following
Zone Standards Apply:
xv)
Minimum Exterior Side Yard
3.5 m
xvi)
Minimum Interior Side Yard
1.2 m
d) Notwithstanding Section 4.12 c) the setback from the centre line of a municipal tile drain shall
be 3.5 m.
e) Notwithstanding item d) and Section 4.29.1 encroachments into the
3.5 m municipal tile drain setback shall be prohibited.
9.3.2
a) Defined Area (KLM - Rodney Cemetery)
R2-2 as shown on Schedule "B", Map 3.
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
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b) Permitted Uses
duplex dwelling
group home
home occupation
semi-detached dwelling
single unit dwelling
c) Notwithstanding any other provisions of Section 9 of the By-law, the lands zoned R2-2 the
following special zone standards apply:
i)
Minimum Lot Area
(duplex or single unit dwelling)
475 m²
ii)
Minimum Exterior Side Yard
4.0 m
iii)
Minimum Interior Side Yard
1. 5m with attached
garage, 1.5 m & 3 m
with no garage or carport
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
P a g e | 63
S ECTION 10. RESIDENTIAL THIRD DENSITY (R3) ZONE
The Residential Third Density (R3) Zone applies to medium density residential development in the
village areas of Rodney and West Lorne. The corresponding land use designation in the Municipality's
Official Plan is, in most instances, 'Residential'. Development is restricted to multiple unit dwellings
(i.e. 3 units or more) in a variety of configurations (e.g. townhouses, triplexes, apartment dwellings)
that do not exceed a height greater than three storeys. Within the R3 zone, standards apply to such
matters as lot area, lot frontage, setbacks, coverage and height.
10.1 GENERAL USE REGULATIONS
10.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Residential Third (R3) Zone except for the following purposes:
apartment dwelling
double duplex dwelling
home occupation
multiple-unit dwelling
senior citizens' home
townhouse dwelling
TABLE 10-1
R ESIDENTIAL THIRD DENSITY (R3) ZONE STANDARDS
1
Minimum Lot Area
a) double
duplex,
townhouse
multiple-unit dwellings
b) apartment dwelling
and
a) 230 m2 per dwelling unit
b) 230 m2 for each of the first four
(4) dwelling units and 95 m2 for
each additional unit thereafter
2
Minimum Lot Frontage
a) double duplex dwelling
b) townhouse and multiple-unit dwellings
a)
b)
25 m
30.5 m
3
Maximum Lot Coverage
35%
4
Front Yard Depth
a) double duplex dwelling
b) townhouse and multiple-unit dwellings
a)
b)
7.5 m
7.5 m
5
Side Yard Width
a) double duplex dwelling
b) townhouse
c) apartments and multiple-unit dwellings
a) 3.0 m on an interior lot, 7.5 m on the
side abutting the street and
3.0 m on the other side on a
corner lot
b) 6.0 m or one-half the height
whichever is greater on an interior
lot, 10.5 m on the side abutting the
street and 6.0 m or one half the
height on a corner whichever is
the greater on the other side
c) 7.5 m
6
Rear Yard Depth
a) main building
a) 10.5 m
7
Maximum Building Height
a) main building
a) 3 storeys
8
Minimum Outdoor Amenity Area
45 m2 per dwelling unit
9
Maximum Density
60 dwelling units per hectare
10
Municipal Services
No dwelling shall be erected or used that is not connected to the municipal water
supply system and the municipal sanitary sewage system.
Municipality of West Elgin Zoning By-law
January 2026 Consolidated Version
P a g e | 64
10.1.2 L OCATION OF PARKING SPACES
a) All parking spaces shall be located in an attached or detached private garage, or in a hard
surfaced parking lot, provided that the lot coverage of the spaces shall not exceed fifteen
(15) percent of the lot area.
b) Parking spaces shall be located on the same lot or within the same building as the use for
which said parking is required.
10.2 SPECIAL USE REGULATIONS
10.2.1 H OME OCCUPATIONS
The following provisions shall apply to home occupations:
a) outside storage of materials, containers, or finished products shall not be permitted;
b) the character of the dwelling or dwelling unit as a residence shall not change, or a
nuisance particularly in regard to noise, traffic or parking shall not be created;
c) mechanical equipment shall not be used, the operation of which would result in any
noise, fumes, dust, or odour escaping to any adjoining use;
d) not more than 25 percent of the total floor area of the dwelling or dwelling unit or forty
(40) square metres whichever is the lesser, shall be used for the home occupation;
e) a maximum of one non-flashing sign, one-half (0.5) square metre in area shall be
permitted.
10.3 S ITE-SPECIFIC ZONES
10.3.1 a)
D efined Area (West Lorne Heritage Homes)
R3-1 as shown on Schedule "C", Map No. 3.
b)
P ermited Uses
senior citizens' home
clinic
community centre
all other permitted uses of the R3 zone
b) Front Yard Depth
5.5 m
c) Rear Yard Depth
8.0 m
d) Maximum Lot Coverage
40 %
e) Minimum Off-Street Parking Spaces
40
10.3.2 a)
Defined Area (Arvai Developments Inc.)
R3-2 as shown on Schedule "C", Map No. 6.
b)
Front Yard Depth
3.0 m
c)
Side Yard Width
4.05 m
d)
Notwithstanding Section 4.18.4, the minimum length of a parking space shall be
5.49 m.
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10.3.3 a)
Defined Area (V & V Enterprises)
R3-3 as shown on Schedule "A", Map No. 37.
b)
Permitted Uses
Semi-detached dwelling
Semi-detached dwelling unit
Townhouse dwelling
Townhouse dwelling unit
All other uses permitted in the R3 Zone
b)
Minimum Lot Area
1.0 ha
c)
Minimum Lot Frontage
100 m
c)
Front Yard Depth
12.0 m
d)
Side Yard Width
6.0 m
e)
Rear Yard Depth
6.0 m
f)
Maximum Lot Coverage
40%
g)
Minimum Landscaped Open Space
800 m²
h)
Minimum Parking Spaces
2 per dwelling unit
i)
Minimum Visitor Parking
0.33 per dwelling unit
j)
Total number of dwelling units
36
k)
Notwithstanding any other provision of the by-law to the contrary an attached
garage shall be considered one of the required parking space per dwelling
unit
l)
Notwithstanding any other provisions of the by-law to the contrary lands zoned
R3-3 shall be considered a single lot for zoning purposes.
10.3.4
a)
Defined Area (Hope Harbour)
R3-4-H-1 as shown on Schedule "G" to this By-law. - (Blocks 30 & 58)
b)
Notwithstanding the provisions of Section 10 of the By-law, the lands zoned R3-4-H-
1 on Schedule "G" to this By-law may be developed and used on public or private
roads in accordance with Section 4.8 of this By-law; and may be serviced by a private
piped water system and a private sanitary sewage system."
c)
Notwithstanding the provisions of Section 10 of the By-law, the lands zoned R3-4-H-
1 the following Zone Standards Apply for an Apartment:
Minimum Lot Area
2,000 sq.m.
Minimum Front Yard
4.0 m
Minimum Interior Side Yard
6.0 m
Minimum Rear Yard
6.0 m
Maximum Lot Coverage (Main Structure)
40%
Maximum Lot Coverage
45%
Minimum Outdoor Amenity Area
10 sq.m./unit
Maximum Density
120 uph
Maximum Building Height
6 storeys
Minimum Off-Street Parking
1.25 spaces/unit
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10.3.5
a)
Defined Area
R3-5-H-1 as shown on Schedule "G" to this By-law. - (Blocks 14-22, 42, 49, 50 & 51)
b)
Notwithstanding the provisions of Section 10 of the By-law, the lands zoned R3-5-H-
1 on Schedule "G" to this By-law may be developed and used on public or private
roads in accordance with Section 4.8 of this By-law; and may be serviced by a private
piped water system and a private sanitary sewage system."
c)
Notwithstanding the provisions of Section 10 of the By-law, the lands zoned R3-5-H-
1 the following Zone Standards Apply for a townhouse dwelling unit:
Minimum Lot Area (Corner Unit)
300 sq.m.
Minimum Lot Area (End Unit)
230 sq. m
Minimum Lot Area (Interior Unit)
200 sq.m.
Minimum Lot Frontage (Corner Unit)
11.5 m
Minimum Lot Frontage (End Unit)
6.5 m
Minimum Lot Frontage (Interior Unit)
6.5 m
Minimum Front Yard
6.0 m
Minimum Exterior Side Yard
3.5 m
Minimum Interior Side Yard (End Unit)
1.8 m
Minimum Rear Yard
6.0 m
Maximum Lot Coverage (Main Structure)
50%
Maximum Lot Coverage
60%
Off-Street Parking (Tandem)
1.5/unit
10.3.6 - NOT ASSIGNED
10.3.7
a) Defined Area
R3-7 as shown on Schedule "B", Map 3.
b) Permitted Uses
apartment dwelling
double duplex dwelling
home occupation
multi-unit dwelling
senior citizen's dwelling
townhouse dwelling
c) Notwithstanding any other provisions of Section 10 of the By-law, the lands zoned R3-7 the
following special zone standards apply:
i)
Minimum Lot Frontage
Townhouse & Multi Unit Dwellings
13 m
ii)
Lot Coverage (Maximum)
40%
iii)
Rear Yard Depth
8.0 m
iv)
Minimum Interior Side Yard
Townhouse Dwelling
4 m
Townhouse Dwelling Unit
4 m, 0 m along a common wall
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S ECTION 11. RURAL RESIDENTIAL (RR) ZONE
The Rural Residential (RR) Zone applies to residential lots designated 'Agricultural' and 'Rural
Residential' in the West Elgin Official Plan and where the size of such lots does not generally exceed
4,000 square metres (approximately 1 acre). Permitted uses are restricted to single unit dwellings as
the primary use. Bed and breakfast establishments and home occupations are also permitted. The
RR zone may also be applied, depending on its size, to a new lot being created by consent for the
purposes of disposing a surplus farm dwelling. Within the RR zone, the minimum lot area is 2000 sq
m (0.5 acres) and the minimum lot frontage is 30 m (100 feet). The keeping of farm animals and dog
kennels are not permitted on lands zoned RR.
11.1 GENERAL USE REGULATIONS
11.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Rural Residential (RR) Zone except for the following purposes:
bed and breakfast establishment
day care centre
home occupation
single unit dwelling
TABLE 11-1
R URAL RESIDENTIAL (RR) ZONE STANDARDS
1
Minimum Lot Area
2000 m²
2
Minimum Lot Frontage
30 m
3
Maximum Lot Coverage
35%
4
Front Yard Depth/ Exterior Side Yard
Width
10 m
5
Side Yard Width
3 m
Rear Yard Depth
10 m
7
Maximum
10.5 m
8
Maximum Dwellings per Lot
1
11.2 SPECIAL USE REGULATIONS
11.2.1 H OME OCCUPATIONS
The following provisions shall apply to home occupations:
a) shall be conducted within the dwelling or an attached private garage provided the external
character of the dwelling as a residence does not change or within an accessory building
or detached private garage;
b) shall, if conducted within a dwelling or within an attached private garage, not exceed forty
(40) percent of the total floor area of the dwelling and attached private garage or if
conducted within an accessory building or a detached private garage shall not exceed one
hundred (100) square metres of floor area;
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c) a nuisance, particularly in regard to noise, odour, refuse or parking, shall not be created;
d) outside storage shall not be permitted;
e) external display or advertisement shall be limited to one sign, a maximum of one (1.0)
square metre in area.
11.2.2 S INGLE UNIT DWELLINGS
A single unit dwelling shall not be erected:
a) closer than one hundred and fifty (150) metres to a dog kennel on a neighbouring lot;
b) except in accordance with Minimum Distance Separation (MDS) Formulae as established
by the Province and implemented under the guidelines established by the Province, as
amended from time-to-time, except that the alteration of an existing dwelling shall be
permitted and the replacement of an existing dwelling with a new dwelling shall be
permitted provided the new dwelling is situated no closer to a livestock building and
structure or manure storage facility than the dwelling being replaced.
.
11.3 SITE-SPECIFIC ZONES
11.3.1 a)
D efined Area (Rick's Auto Repair)
RR-1 as shown on Schedule "A" Map No.37.
b)
P ermitted Uses
public garage in an existing building
all other permitted uses of the RR zone
11.3.2 a)
D efined Area (Chase Enterprises Inc.)
RR-2 as shown on Schedule "A" Map No.50.
b)
P ermitted Uses
business office
light industrial use in an existing building
private garage
11.3.3 a)
D efined Area (Dan's Auto Refinishing)
RR-3 as shown on Schedule "A" Map No.56.
b)
P ermitted Uses
public garage
all other permitted uses of the RR zone
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S ECTION 12. HAMLET RESIDENTIAL (HR) ZONE
The Hamlet Residential (HR) Zone applies to residential development comprising single unit dwellings
and converted dwellings in the hamlet areas of Clachan, Eagle, New Glasgow and Port Glasgow.
Minimum lot area and minimum lot frontage requirements are stipulated for the creation of new lots
depending on whether the lot is serviced by a municipal water supply system or by a private well.
Unlike Rodney and West Lorne, none of the hamlets are serviced by a municipal sanitary sewage
system, however, Eagle, New Glasgow. and Port Glasgow are serviced by the Municipality's water
supply system.
12.1 GENERAL USE REGULATIONS
12.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Hamlet Residential (HR) Zone except for the following purposes:
bed & breakfast establishment
converted dwelling
home occupation
single unit dwelling
TABLE 12-1
H AMLET RESIDENTIAL (HR) ZONE STANDARDS
1
Minimum Lot Area
a) where a connection to a municipal
water supply is available
b) where a connection to a municipal
water supply is not available
a) 1000 m²
b) 2000 m²
2
Minimum Lot Frontage
a) where a connection to a municipal
water supply is available
where a connection to a municipal
water supply is not available
a) 25 m
b) 30 m
3
Maximum Lot Coverage
35 %
4
Front Yard Depth
7.5 m
Side Yard Width
a) interior lot
b) corner lot
a) 3.0 m
b) 7.5 m on the side abutting the
road and 3 m on the other side
6
Rear Yard Depth
10 m
7
Maximum Building Height
10.5 m
8
Maximum No. of Dwelling Units
a) converted dwelling
2
9
Maximum Dwellings per Lot
1
12.2 SPECIAL USE REGULATIONS
12.2.1 H OME OCCUPATIONS
The following provisions shall apply to home occupations:
a) shall be conducted entirely within the dwelling or within an attached private garage or
within an accessory building or detached private garage;
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b) shall, if conducted within the dwelling or within an attached private garage, not exceed
forty (40) percent of the total floor area of the dwelling and attached private garage or, if
conducted within an accessory building or a detached private garage, shall not exceed one
hundred (100) square metres of floor area;
c) the external character of the dwelling as a residence shall not change;
d) a nuisance, particularly in regard to noise, odour, refuse or parking, shall not be created;
e) outside storage shall not be permitted;
f) external display or advertisement other than one sign, a maximum size of one (1.0) square
metre in area, shall not be permitted;
g) manufacturing or assembly shall not be permitted except for the fabrication and the sale
thereof of handmade articles of clothing, arts or crafts;
h) a maximum of one non-flashing sign, one-half (0.5) square metre in area shall be
permitted.
12.2.2 S INGLE UNIT DWELLINGS- MINIMUM DISTANCE SEPARATION I (MDS I)
A single unit dwelling shall only be erected if in accordance with M i n i m u m D i s t a n c e S
e p a r a t i o n ( M D S) F o r m u l a e a s e s t a b l i s h e d b y t h e P r o v i n c e a nd i m
p l e m e nt e d u n d e r t h e g u i d e l i n e s e s t a b l i s h e d b y t he P r o v i n c e , as a m
e n d e d f r o m t i m e - t o - t im e , except that the alteration of an existing dwelling shall be
permitted and the replacement of an existing dwelling with a new dwelling shall be permitted
provided the new dwelling is situated no closer to a livestock building and structure or manure
storage facility than the dwelling being replaced.
12.3 SITE-SPECIFIC ZONES
12.3.1 a)
D efined Area (A. & R. Miller)
HR-1 as shown on Schedule 'G'.
b)
Exemption
Section 4.8 Frontage on a Public Road and Table 12-1 Minimum Lot Frontage do not
apply.
12.3.2 a)
Defined Area (The Regular Baptist Church of Aldborough)
HR-2 as shown on Schedule 'D'.
b)
Minimum Lot Area
828.0 m2
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S ECTION 13. LAKESHORE RESIDENTIAL (LR) ZONE
The Lakeshore Residential (LR) Zone applies primarily to developed and undeveloped residential lots
lying in the designated 'Lakeshore Area' in the West Elgin Official Plan in Concession XIV along the
Lake Erie shoreline. Undeveloped residential lots may have the holding symbol attached (i.e. LR-H-
#) pending further approvals from the Municipality before actual development would be allowed to take
place. Lands zoned LR are restricted to a single unit detached dwelling as the main use. Home
occupations and bed and breakfast establishments are also permitted. The minimum lot size and
minimum lot frontage are 2500 sq m (0.6 acres) and 30 m (100 feet ) respectively.
13.1 GENERAL USE REGULATIONS
13.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Lakeshore Residential (LR) Zone except for the following purposes:
accessory use
bed and breakfast establishment
home occupation
single unit dwelling as the main use
TABLE 13-1
L AKESHORE RESIDENTIAL (LR) ZONE STANDARDS
1
Minimum Lot Area
2500 m²
2
Minimum Lot Frontage
30 m
3
Maximum Lot Coverage
35 %
4
Front Yard Depth/ Exterior Side
Yard Width
10 m
5
Side Yard Width
single unit dwelling
3 m
6
Rear Yard Depth
single unit dwelling
10 m
7
Maximum Building Height
single unit dwelling
10.5 m
8
Maximum Dwellings per Lot
1
13.2 SPECIAL USE REGULATIONS
13.2.1 H OME OCCUPATIONS
The following provisions shall apply to home occupations:
a) shall be conducted entirely within a dwelling or within an attached private garage or within
an accessory building or detached private garage;
b) shall, if conducted within a dwelling or within an attached private garage, not exceed forty
(40) percent of the total floor area of the dwelling and attached private garage or, if
conducted within an accessory building or a detached private garage, shall not exceed one
hundred (100) square metres of floor area;
c) the external character of the dwelling as a residence shall not change;
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d) a nuisance, particularly in regard to noise, odour, refuse or parking, shall not be created;
e) outside storage shall not be permitted;
f) external display or advertisement other than one sign, with a maximum face not
exceeding (1.0) square metre in area, shall not be permitted.
g) a maximum of one non-flashing sign, one (1.0) square metre in area shall be permitted.
13.2.2 S INGLE UNIT DWELLINGS
A single unit dwelling shall not be erected:
a) closer than one hundred and fifty (150) metres to a dog kennel on a neighbouring lot;
b) only if in accordance with Minimum Distance Separation (MDS) Formulae as established
by the Province and implemented under the guidelines established by the Province,
amended from time-to-time, except that the alteration of an existing dwelling shall be
permitted and the replacement of an existing dwelling with a new dwelling shall be
permitted provided the new dwelling is situated no closer to a livestock building and
structure or manure storage facility than the dwelling being replaced.
13.3 SITE-SPECIFIC ZONES
13.3.1 a)
D efined Area (L. Nirtra)
LR-1-H-7 as shown on Schedule "A", Map No. 75.
b)
P ermitted Uses
seasonal dwelling
c)
M
inimum Setbacks for Main Building
i)
from the northerly lot line to the nearest main wall
ii)
from the top-of-bank of Lake Erie to the nearest main wall
iii)
from the westerly lot line
7.5 m
30 m
15 m
iv)
from the easterly lot line
15 m
13.3.2 a)
Defined Area (Lighthouse Waterfronts Inc.)
LR-2 as shown on Schedule "A", Map No. 75.
b)
P ermitted Uses
accessory use
bed and breakfast establishment
single unit detached dwelling as the main use
S ite Specific Lakeshore Residential (LR-2) Zone Standards
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1
Minimum Lot Area
3600 m2
2
Minimum Lot Frontage
15 m
3
Maximum Lot Coverage
30%
4
Front Yard Depth/Exterior Side Yard
Width
9.0 m
5
Side Yard Width - Single Unit
Dwelling
1.5 m
6
Rear Yard Depth - Single Unit
Dwelling
10 m
7
Maximum Building Height - Single
Unit Dwelling
10.5 m
8
Minimum Floor Area - Single Unit
Dwelling
100 m2
9
Maximum Dwellings per Lot
1
c)
A dditional Regulations
All LR-2 development is subject to the following:
i)
No buildings or structures, or accessory buildings and structures shall be erected
below the Shore Plan Set Back Line in accordance with site-specific LTVCA
regulations; and,
ii)
Provide a "private access right-of-way" which provides access from a public road
to each unit to accommodate emergency services, the design to be approved by
the Municipality of West Elgin.
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S ECTION 14. SEASONAL RESIDENTIAL (SR) ZONE
14.1 GENERAL USE REGULATIONS
14.1.1 P ERMITTED USES
14.2 SPECIAL USE REGULATIONS
14.3 SITE SPECIFIC ZONES
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S ECTION 15. FUTURE RESIDENTIAL (FR) ZONE
The Future Residential (FR) Zone applies to large undeveloped parcels in settlement areas
designated 'Residential' in the West Elgin Official Plan and intended for future residential purposes.
The zoning which would ultimately be applied to these lands would ultimately be determined upon
submission of a plan of subdivision or plan of condominium approved by the County of Elgin and a
development agreement entered into with the Municipality.
15.1 GENERAL USE REGULATIONS
15.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Future Residential (FR) Zone except for the following purposes:
agricultural use with the exception of buildings or structures for the keeping or raising
of livestock
forestry use
TABLE 15-1
F UTURE RESIDENTIAL (FR) ZONE STANDARDS:
1
Minimum Lot Area
(1)
2
Minimum Lot Frontage
(2)
3
Maximum Lot Coverage
10%
4
Front Yard Depth
15 m
5
Side Yard Width
15 m (3)
10 m (4)
6
Rear Yard Depth
15 m
7
Maximum Building Height
10.5 m
FOOTNOTES
(1)
the area of the lot on the day it was created
(2)
the frontage of the lot on the day it was created
(3)
for lot frontages > 100 m
(4)
for lot frontages < 100 m
15.2 SPECIAL USE REGULATIONS
15.3 SITE-SPECIFIC ZONES
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S ECTION 16. VILLAGE CORE (C1) ZONE
The Village Core (C1) Zone applies to the historic 'main' streets of the villages of Rodney and West
Lorne designated 'Downtown Core' in the West Elgin Official Plan. While commercial uses
predominate, the 'Downtown Cores' support a wide variety of uses including as well institutional uses
and residential uses. The areas are characterized by compact development and generally a high
intensity and diversity of land use. The C1 zone is designed to reinforce this diversity of land use and
compact development by permitting a wide range of uses in buildings with a maximum lot coverage
(i.e. 90%) and minimum setbacks from property lines( i.e. 0 m in most instances. Unlike uses outside
the 'Downtown Core's, lands zoned C1 are exempt from having to comply with the parking
requirement of the Zoning By-law.
16.1 GENERAL USE REGULATIONS
16.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Village Core (C1) Zone except for the following purposes:
art gallery
auction sales establishment
bake shop
boarding house or rooming house
bed and breakfast establishment
business or professional office
caterer's establishment
church
clinic
club
commercial centre
custom workshop
day care centre
day nursery
dwelling units connected to and forming an integral part of a main building and
located above the first storey
dry cleaning establishment
fitness centre
flea market
gas bar
hotel or tavern
institutional use
laundry establishment
micro brewery
mobile food outlet
motor vehicle sales establishment
motor vehicle service establishment
micro-brewery
museum
parking lot
personal care establishment
personal service establishment
place of entertainment or amusement
public garage
restaurant
retail store
service shop
take-out restaurant
tavern or bar
variety store
existing single-unit dwelling
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TABLE 16-1
V ILLAGE CORE (C1) ZONE STANDARDS
1 Maximum Lot Coverage
90%
2 Front Yard Depth
0 m
3 Side Yard Width
a) where the side yard abuts a
residential
zone
or
an
institutional zone
b) all other cases
a) 4.5 m
b) 0 m
4 Rear Yard Depth
a) where the rear yard abuts a
residential
zone,
institutional zone or an
open space zone
b) where a building contains
dwelling units
c) all other cases
a) 4.5 m
b) 6 m
c)
3 m
5 Maximum Building Height
12 m
16.1.2 S IGHT TRIANGLES ON CORNER LOTS
On a corner lot within the triangular space included between the street lines for a distance of
three (3.0) metres from their point of intersection, no building or structure shall be erected, no
driveway shall be located, and no shrubs or foliage shall be planted or maintained which
obstruct the view of a driver of a vehicle approaching the intersection.
16.1.3 P EDESTRIAN ACCESS
No building on a lot having frontage on Furnival Road between Albert Street and Clark Street
as shown on Schedule "B" and used for commercial purposes shall be erected or used unless
such building has and maintains direct pedestrian access to Furnival Road.
No building on a lot having frontage on Graham Road between Munroe Street and Elm Street
as shown on Schedule "C" and used for commercial purposes shall be erected or used unless
such building has and maintains direct pedestrian access to Graham Road.
No building on a lot having frontage on Main Street between Ridge Street and Argyle Street
as shown on Schedule "C" and used for commercial purposes shall be erected or used unless
such building has and maintains direct pedestrian access to Main Street.
16.2 S PECIAL USE REGULATION
16.2.1 S INGLE-UNIT DWELLINGS
The alteration of existing single-unit dwellings or the erection or alteration of buildings
accessory thereto shall be permitted in compliance with the regulations of Section 8 and
Section 4 respectively.
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16.3 S ITE-SPECIFIC ZONES
16.3.1 a ) Defined Area (Bhatia Veterinary)
C1-1 as shown on Schedule "C", Map No. 6
b) Permitted Uses
animal clinic
all other permitted uses of the C1 zone
c) Front Yard Depth
5.0 m
d) Side Yard Width
3.0 m
16.3.2 a) Defined Area (Bhatia Veterinary)
C1-2 as shown on Schedule "C" Map No. 2
b)
Permitted Uses
Animal Clinic in addition to all other C1 Permitted Uses.
16.3.3 a)
Defined Area (Canadian Commercial Inc.)
C1-3 as shown on Schedule "C", Map No. 2.
b)
Permitted Uses
Drive- in restaurant in addition to all other C1 Permitted Uses
16.3.4 a)
Defined Area (242 Furnival)
C1-3 as shown on Schedule "B" Map No. 3 to this By-law.
b)
Permitted Uses
Those uses permitted in the C1 Zone, and
A single residential dwelling unit on the ground floor, not exceeding 60% of
the total ground floor area and located at the rear of the existing building.
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S ECTION 17. HAMLET COMMERCIAL (C2) ZONE
The Hamlet Commercial (C2) Zone applies to traditional commercial development in the hamlets of
Clachan, Eagle, Port Glasgow and New Glasgow. Overall its application is limited insofar as
commercial development in the hamlets themselves is limited. A range of traditional hamlet
commercial uses is permitted. Due to the general lack of municipal services, minimum lot sizes are
established to reflect the need for private on-site services.
17.1 GENERAL USE REGULATIONS
17.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Hamlet Commercial (C2) Zone except for the following purposes:
dwelling unit
gas bar
business or professional office
parking lot
public garage
retail store
restaurant
service shop
variety store
TABLE 17-1
H AMLET COMMERCIAL (C2) ZONE STANDARDS
1
Minimum Lot Area
a) where connection to the municipal
water supply system is available
b) where connection to the municipal
water supply system is not available
a)
b)
1500 m²
2000 m²
2
Minimum Lot Frontage
a) where connection to the municipal
water supply system is available
b) where connection to the municipal
water supply system is not available
a)
b)
25 m
30 m
3
Maximum Lot Coverage
50%
4
Side Yard Width
where the yard abuts
Residential (HR) Zone
a Hamlet
4.5 m
5
Rear Yard Depth
7.5 m
6
Maximum Building Height
a) main building
a) 10.5 m
NOTES:
Unless specified otherwise, regulations expressed herein are minimums.
17.2 SPECIAL USE REGULATIONS
17.2.1 D WELLING UNITS
The following provisions shall apply to dwelling units:
a) access to a dwelling unit shall be provided from outside the building and shall be
Municipality of West Elgin Zoning By-law
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for the sole use of the occupants of the said dwelling unit and any other dwelling
units located in the same building.
b) dwelling units shall be situated over and above the ground floor
17.2.2 G AS BARS
A canopy, kiosk, or pump island accessory to a gas bar may be erected, used, or altered
provided such canopy, kiosk, or pump island is located not closer than six (6.0) metres to a
lot line.
17.3 SITE-SPECIFIC ZONES
17.3.1 a)
Defined Area (Natterjack Brewing Company)
C2-1 as shown on Schedule "E"
b)
PERMITTED USES
Microbrewery and Retail Store
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S ECTION 18. HIGHWAY COMMERCIAL (C3) ZONE
The Highway Commercial (C3) Zone applies to existing commercial uses outside the 'Downtown
Core's of Rodney and West Lorne and outside the designated hamlets. It also applies to undeveloped
areas designated 'Industrial /Commercial' by the West Elgin
Official Plan at the Furnival
Road/Highway 401 interchange in the Municipality. The zone permits a wide range of commercial
uses which typically seek out sites on well travelled highways with ample on-site parking for the
purpose of meeting the needs of the motoring public.
18.1 GENERAL USE REGULATIONS
18.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Highway Commercial (C3) Zone except for the following purposes:
animal clinic
car wash
garden centre
gas bar
marine sales and service
market garden
micro brewery
mini-storage warehouse
motel
motor vehicle sales establishment
motor vehicle service establishment
public garage
restaurant, drive-in or take-out
retail store
sale of mobile homes
sale of recreational vehicles
service shop
tavern or bar
variety store
TABLE 18-1
H IGHWAY COMMERCIAL (C3) ZONE STANDARDS
1
Minimum Lot Area
2000 m²
2
Minimum Lot Frontage
30 m
3
Maximum Lot Coverage
35%
4
Front Yard Depth
15m
5
Side Yard Width
a) interior lot
b) corner lot
a) 4.5 m
b) 15 m on the side abutting the
street and 4.5 m on the other side
6
Rear Yard Depth
main building
7.5 m
7
Maximum Building Height
a) main building
a) 10.5 m
8 Minimum Distance Separation
In accordance with Mi ni m um D i stanc e Se par at i on ( MD S) For mu lae a s
es tabl is he d by the Pr ov ince and im ple ment ed u nder t he gui delines
es tabl is he d by the Pr ov ince, as am ended f r om t i me- to- t im e, except
that alteration of an existing building or the replacement of an existing building with a
new building shall be permitted provided the new building is situated no closer to a
livestock building and structure or manure storage facility than the building being
replaced.
NOTES:
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18.2 SPECIAL USE REGULATIONS
18.2.1 G AS BARS
A canopy, kiosk, or pump island accessory to a gas bar may be erected, used, or altered
provided such canopy, kiosk, or pump island is located not closer than six (6.0) metres to a
lot line.
18.3 S ITE-SPECIFIC ZONES
18.3.1 a)
D efined Area (Moore)
C3-1 as shown on Schedule "A", Map No. 40 to this By-law.
b)
Permitted Uses
salvage yard
all C3 Permitted Uses
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S ECTION 19. TOURIST COMMERCIAL (TC) ZONE
The Tourist Commercial (TC) Zone is intended to accommodate future commercial uses catering to
the needs of tourists and visitors in the 'Lakeshore Area and primarily in Port Glasgow which is
identified in the West Elgin Official Plan as the focus of public activity and public access to the
shoreline in the Municipality.
19.1 GENERAL USE REGULATIONS
19.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Tourist Commercial (TC) Zone except for the following purposes:
art gallery
bake shop
business or professional office
commercial centre
custom workshop
day nursery
dry cleaning establishment
dwelling units over and above the ground floor
dwelling unit as an accessory use
gas bar
hotel
institutional use
laundry establishment
motel
personal care establishment
parking lot
place of entertainment or amusement
restaurant
retail store
specialty shop
tavern or bar
variety store
TABLE 19-1
T OURIST COMMERCIAL (TC) ZONE STANDARDS
1
Minimum Lot Area
2000 m²
2
Minimum Lot Frontage
30 m
3
Maximum Lot Coverage
35%
4
Front Yard Depth
6.0 m
5
Side Yard Width
4.5 m
6
Rear Yard Depth
a) where a building contains dwelling units
b) all other cases
a) 6.0 m
b) 1.0 m
7
Maximum Building Height
12 m
19.2 SPECIAL USE REGULATIONS
A dwelling unit as an accessory use shall:
a)
have a minimum floor area of forty (40) square metres;
Municipality of West Elgin Zoning By-law
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b)
be located within or be contiguous to the main building;
c)
be used as the residence of the owner or operator, or an employee of the owner or
operator of the main use which it is accessory to;
d)
be limited to a maximum of one (1) on a lot.
19.3 SITE-SPECIFIC ZONES
19.3.1 a) Defined Area (hope Harbour)
TC-1-H-3 as shown on Schedule "G" to this By-law. - (Blocks 27, 28, 29, 41, 55-57, 62)
b) Notwithstanding the provisions of Section 19 of the By-law, the lands zoned TC-1-H-3 on
Schedule "G" to this By-law may be developed and used on public or private roads in
accordance with Section 4.8 of this By-law; and may be serviced by a private piped water
system and a private sanitary sewage system.
c) Notwithstanding the provisions of Section 4.18 and 19 of the By-law, the following additional
uses are permitted:
-
restaurant, drive-in or take-out
-
dwelling unit
d) Notwithstanding the provisions of Section 4.18 and 19 of the By-law the following standards
apply to the lands zoned TC-1-H-3:
Dwelling Unit/Mixed Use
Minimum Lot Area (Corner Unit)
180 sq.m.
Minimum Lot Area (End Unit)
150 sq. m
Minimum Lot Area (Interior Unit)
100 sq.m.
Minimum Lot Frontage (Corner Unit)
10 m
Minimum Lot Frontage (End Unit)
8.0 m
Minimum Lot Frontage (Interior Unit)
6.5 m
Minimum Front Yard (Municipal Road)
0.0 m
Minimum Exterior Side Yard
1.8 m
Minimum Interior Side Yard (End Unit)
1.8 m
Minimum Rear Yard (Private Road)
1.0 m
Maximum Lot Coverage (Main Structure)
80%
Maximum Lot Coverage
90%
Off-Street Parking (Residential)
1.25/unit
Additional Parking for Ground Floor
0.25/unit
Non-Residential use
Non-Residential Use
Lot Area (minimum):
1,000 square metres
Front Yard Depth (minimum):
0 metres
Side Yard Width (minimum):
0 metres (except a minimum of 4.5 metres where
abutting residentially zoned land
Maximum Lot Coverage:
60%
Plaza Parking Rate:
1 space per 50 square metres
Location of Required Parking:
The location of a parking spaces required herein shall be located on the same lot for which
said parking is required or shall be located within 450 metres of said lot, provided an
agreement is registered on title granting access to said parking spaces.
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19.3.2 a) Defined Area (Hope Harbour)
TC-2-H-3 as shown on Schedule "G" to this By-law. (Blocks 23, 26, 37 & 54)
b) Notwithstanding the provisions of Section 19 of the By-law, the lands zoned TC-2-H-3 on
Schedule "G" to this By-law may be developed and used on public or private roads in
accordance with Section 4.8 of this By-law; and may be serviced by a private piped water
system and a private sanitary sewage system.
c) Notwithstanding the provisions of Section 4.18 and 19 of the By-law, the following additional
uses are permitted:
-
restaurant, drive-in or take-out
d) Notwithstanding the provisions of Section 4.18 and 19 of the By-law the following standards
apply to the lands zoned TC-2-H-3:
Lot Area (minimum):
1,000 square metres
Front Yard Depth (minimum): 0 metres
Side Yard Width (minimum): 3.0 metres (except a minimum of 4.5 metres where
abutting residentially zoned land)
Exterior Side Yard
6.0 metres
Maximum Lot Coverage:
60%
Plaza Parking Rate:
1 space per 50 square metres
Location of Required Parking:
The location of a parking spaces required herein shall be located on the same lot for which
said parking is required or shall be located within 450 metres of said lot, provided an
agreement is registered on title granting access to said parking spaces.
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S ECTION 20. GENERAL INDUSTRIAL (M1) ZONE
The General Industrial (M1) Zone applies to lands that are designated 'Industrial' in the West Elgin
Official Plan or used for industrial purposes including lands situated in the settlement areas of Rodney
and West Lorne, lands along Hoskins Line west of Furnival Road, and lands designated for future
industrial purposes The zone applies both in the case of lands already developed for industrial
purposes as well as lands where future industrial development is intended e.g. at the interchanges of
Graham Road and Highway No. 401 and Furnival Road and Highway 401. Within the M1 zone, a
wide range of industrial uses is permitted as well as certain commercial uses that are considered
compatible with industrial areas or share similar attributes with industrial uses. Uses include bulk
sales establishments, contractor's yards or shops, industrial uses, machine shops, public garages and
warehouses. Standards apply with respect to lot area, lot frontage, setbacks from property lines and
lot coverage. Buffering, landscaping, surface drainage and parking areas are usually addressed at
the time of development as a matter of site plan control.
20.1 GENERAL USE REGULATIONS
20.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
General Industrial (M1) Zone except for the following purposes:
bulk sales establishment
cannabis cultivation and processing
car wash
contractor's yard or shop
crematorium
dry cleaning establishment
industrial use
machine shop
mini-storage warehouse
propane transfer facility
public garage
outside storage
retail store as an accessory use
salvage yard
service shop
truck terminal
warehouse
TABLE 20-1
G ENERAL INDUSTRIAL (M1) ZONE STANDARDS
1
Minimum Lot Area
2000 m²
2
Minimum Lot Frontage
30 m
3
Maximum Lot Coverage
40%
4
Front Yard Depth
9.0 m
5
Side Yard Width
a) where the side yard abuts a residential
zone, institutional zone, or open space
zone
b) all other cases
a)
7.5 m
b)
4.5 m
6
Rear Yard Depth
a) where the rear yard abuts a residential
zone, institutional zone, or open space
zone
b) all other cases
a) 15 m
b) 7.5 m
7
Maximum Building Height
12m
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20.2 SPECIAL USE REGULATIONS
20.2.1 O UTSIDE STORAGE
Outside storage shall not:
a) be permitted in any required yard;
b) exceed 75% of the area of the lot on which it is located;
c) in the case of derelict vehicles, machinery or equipment, be enclosed in a screened
compound
20.2.2 R ETAIL STORE
A retail store as an accessory use shall:
a)
be located within the main building;
b)
not exceed twenty-five (25) percent of the total floor area of the main building.
c)
not exceed a maximum floor area of three hundred (300) square metres.
20.2.3 C ANNABIS CULTIVATION AND PROCESSING
a) minimum separation distance between any Building and Structure to any Residential,
Institutional or Open Space Building or Structure shall be no less seventy-five (75) metres.
20.3 SITE-SPECIFIC ZONES
20.3.1 a)
D efined Area (Rodney Sewage Treatment Plant)
M1-1 as shown on Schedule "B", Map No. 4.
b)
P ermitted Uses
sewage treatment plant
20.3.2 a)
D efined Area (Breck's Ltd)
M1-2 as shown on Schedule "E".
b)
P ermitted Uses
light industrial use in addition to all other permitted uses of the M1 zone.
warehouse
20.3.3 a)
D efined Area (Kopriva)
M1-3-H-3 as shown on Schedule "A", Map No. 27.
b)
P ermitted Uses
contractor's yard or shop
a boat haulage contractor
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S ECTION 21. FARM INDUSTRIAL (M2) ZONE
The Farm Industrial (M2) Zone applies primarily to agriculturally related commercial and industrial
uses on lands designated 'Agricultural' in the Municipality's Official Plan. Permitted uses include
abattoirs, agricultural sales establishments, feed mills, grain handling facilities and livestock marketing
yards. The Official Plan permits agriculturally related commercial and industrial uses in areas
designated 'Agricultural' where it is necessary that they be in close proximity to agricultural operations
or where the potential for conflict makes such uses unsuited to settlement areas. Standards apply
with respect to lot area, lot frontage, setbacks from property lines and lot coverage. Buffering,
landscaping, surface drainage and parking areas are usually addressed separately as a matter of site
plan control.
21.1 GENERAL USE REGULATIONS
21.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Farm Industrial (M2) Zone except for the following purposes:
abattoir
agricultural sales establishment
animal clinic
animal hospital
cannabis cultivation and processing
commercial grain handling facility
estate winery
farm equipment sales and service
feed mill
food processing plant
general industrial use for farm equipment, machinery and products
livestock sales and marketing yard
outside storage as an accessory use
retail store as an accessory use
TABLE 21-1
F ARM INDUSTRIAL (M2) ZONE STANDARDS
1
Minimum Lot Area
4000 m²
2
Minimum Lot Frontage
30 m
3
Maximum Lot Coverage
40%
4
Front Yard Depth
12 m
5
Side Yard Width
7.5 m
6
Rear Yard Depth
9.0 m
21.2 SPECIAL USE REGULATIONS
21.2.1 O UTSIDE STORAGE
Outside storage as an accessory use shall not:
a)
be permitted in any required yard;
b)
not exceed twenty-five (25) percent of the area of the lot on which it is located;
c)
in the case of derelict vehicles, machinery or equipment, be enclosed in a screened
compound.
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21.2.2 R ETAIL STORE
A retail store as an accessory use shall:
a)
be located within the main building
b)
not exceed twenty-five (25) percent of the total floor area of the main building;
c)
not exceed a maximum floor area of three hundred (300) square metres.
21.2.3
CANNABIS CULTIVATION AND PROCESSING
a)
minimum separation distance between any Building and Structure to any Residential,
Institutional or Open Space Building or Structure shall be no less than seventy-five (75)
metres.
21.3 SITE-SPECIFIC ZONES
21.3.1 a)
D efined Area (Bob Pearce Trucking)
M2-1 as shown on Schedule "A", Map No. 56.
a)
Permitted Uses
single unit detached dwelling
truck terminal
b)
M
aximum Number of Trucks
15
21.3.2 a)
D efined Area (Hibernia Winery)
M2-2 as shown on Schedule "A", Map No. 73.
b)
Permitted Uses
agricultural use
estate winery
single unit detached dwelling
21.3.3 a)
D efined Area (The Andersons Canada Limited)
M2-3 as shown on Schedule "A", Map No. 45.
b)
Notwithstanding the regulations of Section 21, the minimum side yard width and
minimum rear yard depth shall not apply when the abutting lands are zoned M2-3.
Municipality of West Elgin Zoning By-law
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S ECTION 22. RURAL INDUSTRIAL (M3) ZONE
The Rural Industrial (M3) Zone applies to non-agriculturally related commercial and to non-
agriculturally related industrial and industrial-like uses largely in existence prior to the adoption of the
Municipality's Official Plan which serves to generally prohibit such uses due to their potential
incompatibility with agriculture and their impact on the loss of agricultural land for non-agricultural
related purposes. Standards apply with respect to lot area, lot frontage, setbacks from property lines
and lot coverage. Buffering, landscaping, surface drainage and parking areas are usually addressed
separately as a matter of site plan control.
22.1 GENERAL USE REGULATIONS
22.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Rural Industrial (M3) Zone except for the following purposes:
auction sales establishment
crematorium
contractor's yard or shop
outside storage as an accessory use
propane transfer facility
salvage yard
sewage treatment plant
waste disposal site
TABLE 22-1
R URAL INDUSTRIAL (M3) ZONE STANDARDS
1
Minimum Lot Area
4000 m²
2
Minimum Lot Frontage
30 m
3
Maximum Lot Coverage
40%
4
Front Yard Depth
12.0 m
5
Side Yard Width
a) where the side yard abuts a residential
zone, institutional zone, or open space
zone
b) all other cases
a) 7.5 m
b) 4.5 m
6
Rear Yard Depth
a) where the side yard abuts a residential
zone, institutional zone, or open space
zone
b) all other cases
a) 15 m
b) 7.5 m
22.2 SPECIAL USE REGULATIONS
22.2.1 O UTSIDE STORAGE
Outside storage as an accessory use shall not:
a)
be permitted in any required yard;
b)
not exceed twenty-five (25) percent of the area of the lot on which it is located;
c)
in the case of derelict vehicles, machinery or equipment, be enclosed in a screened
compound.
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22.3 SITE-SPECIFIC ZONES
22.3.1 a)
D efined Area (West Lorne Sewage Treatment Plant)
M3-1 as shown on Schedule "A", Map No. 60.
b)
P ermitted Uses
sewage treatment plant
22.3.2 a)
D efined Area (Rodney Landfill Site)
M3-2 as shown on Schedule "A", Map No. 34.
b)
Permitted Uses
waste disposal site
Municipality of West Elgin Zoning By-law
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S ECTION 23. EXTRACTIVE INDUSTRIAL (M4) ZONE
The Extractive Industrial (M4) zone applies to lands licensed for the extraction of aggregate; namely,
sand and gravel under the Aggregate Resources Act Permitted uses also include the recycling of
asphalt and concrete as this activity involves processes that have impacts similar to the
extraction/processing of aggregate. Agriculture and forestry uses are also permitted uses.
Rehabilitation of licensed aggregate sites in the Municipality is, in most cases, to agriculture which is
facilitated by the use of compound zoning i.e. M4/A1.
23.1 GENERAL USE REGULATIONS
23.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Extractive Industrial (M4) Zone except for the following purposes:
agricultural use
pit or quarry
TABLE 23-1
E XTRACTIVE INDUSTRIAL (M4) ZONE STANDARDS
1
Front Yard Depth
30 m
2
Side Yard Width
15 m
3
Rear Yard Depth
15 m
23.2 SPECIAL USE REGULATIONS
23.3 SITE-SPECIFIC ZONES
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S ECTION 24. INSTITUTIONAL (I) ZONE
The Institutional (I) Zone applies to, and may be found in, virtually all land use designations in the
Municipality's Official Plan where an institutional use either exists or is proposed. A range of
institutional uses is permitted from municipal buildings, churches, schools, group homes, nursing and
rest homes and facilities owned and operated by a non-profit organization. Uses similar in character
to institutional uses (e.g. funeral homes) are also permitted. Standards apply with respect to lot area,
lot frontage, setbacks from property lines and lot coverage.
24.1 GENERAL USE REGULATIONS
24.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Institutional (I) Zone except for the following purposes:
church
church camp
club
community centre
day care centre
day nursery
dwelling unit or single unit dwelling as an accessory use
funeral home
retirement home
institutional use
long term health care facility
private school
public park
public school
TABLE 24-1
I NSTITUTIONAL (I) ZONE STANDARDS
1
Minimum Lot Area
1000 m²
2
Minimum Lot Frontage
30 m
3
Maximum Lot Coverage
35%
4
Front Yard Depth
10 m
5
Side Yard Width
a) interior lot
b) corner lot
a) 6.0 m
b) 10 m on the side abutting the
road and 6.0 m on the other side
6
Rear Yard Depth
a) main building
10m
7
Maximum Building Height
a) main building
b) single unit dwelling
a) 12 m
b) 10.5 m
8
MINIMUM DISTANCE SEPARATION I
In accordance with Minimum Distance Separation ( MDS) Formulae as
established by the Province and implemented under the guidelines
established by the Province, as amended from time-to- time, with the
exception that the alteration of an existing building or the replacement of an existing
building with a new building shall be permitted provided the new building is situated
Municipality of West Elgin Zoning By-law
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24.2 SPECIAL USE REGULATIONS
24.2.1 D WELLING UNITS
A dwelling unit as an accessory use shall:
a)
be located within or be contiguous to the main building;
b)
be used as the residence of the owner or operator, or an employee of the owner or
operator of the main use which it is accessory to;
c)
be limited to one(1).
24.2.2 S INGLE UNIT DWELLINGS
A single unit dwelling as an accessory use shall comply with the following:
a)
Minimum Lot Area
1000 sq. m over and above minimum lot area
requirements of Table 23-1
b)
Maximum Number of Dwellings
1
24.3 SITE-SPECIFIC ZONES
24.3.1 a)
D efined Area (Harvesters Baptist Church)
I-1 as shown on Schedule "A", Map No. 17.
a)
P ermitted Uses
church
church camp
single unit detached dwelling
b)
M
inimum On-Site Parking Spaces
one (1) space per cabin
one (1) space per dwelling unit
c)
M
inimum Separation Distance
between cabins
6.0 m
d)
M
aximum Floor Area
cabin
20 m²
e)
M
aximum Number of Cabins
16
f)
M
aximum Number of Single Unit Detached Dwellings
3
g)
M
aximum Capacity
200
Municipality of West Elgin Zoning By-law
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24.3.2 a)
Defined Area (Bethel Park)
I-2 as shown on Schedule "A", Map No. 75
b)
Permitted Uses
church
church camp
existing accessory buildings and structures
existing multiple unit dwellings
c)
Minimum On-Site Parking Spaces
one (1) space per cabin
d)
Minium Separation Distance between cabins
3.0 m
e)
Maximum Floor Area
- accessory buildings & structures
20 sq. m
- cabin
75 sq. m
f)
Maximum Number of Campsites
20
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S ECTION 25. OPEN SPACE (OS) ZONE
The Open Space (OS) Zone applies to and may be found in all land use designations in the
Municipality's Official Plan and applies generally to lands used or proposed to be used for parks and
outdoor recreational purposes and cemeteries where buildings and structures are limited. In some
instances (e.g. paintball parks), certain outdoor recreational uses are only permitted on specific
parcels of land as opposed to as-of-right on any land zoned OS. The use of lands zoned OS for
residential purposes is restricted to those situations where accommodation is necessary for the owner,
a caretaker or employer whose presence is required on-site. Certain open space uses (e.g.
campgrounds or trailer parks, golf courses, paintball parks) are not permitted as-of-right but only in
'site-specific' zones.
25.1 GENERAL USE REGULATIONS
25.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Open Space (OS) Zone except for the following purposes:
cemetery
conservation area
dwelling unit or single unit dwelling as an accessory use
forestry use
golf course
private park
public fairground
public park
TABLE 25-1
O PEN SPACE (OS) ZONE STANDARDS
1
Maximum Lot Coverage
20%
2
Front Yard Depth
7.5 m
3
Side Yard Width
7.5 m
4
Rear Yard Depth
7.5 m
5
Minimum Distance Separation I
In accordance with Minimum Distance Separation (MDS) Formulae as
established by the Province and implemented under the guidelines
established by the Province, as amended from time- to- time with the exception
that the alteration of an existing building or the replacement of an existing building with
a new building or dwelling shall be permitted provided the new building
or dwelling is situated no closer to a livestock building and structure or manure
25.2 SPECIAL USE REGULATIONS
25.2.1 D WELLING UNITS
A maximum of one (1) dwelling unit as an accessory use shall permitted as the residence of
the owner or operator, or an employee of the owner or operator of the main use which it is
accessory to.
25.2.2 S INGLE UNIT DWELLINGS
A single unit dwelling as an accessory use shall comply with the following:
a)
M
Minimum Lot Area
1,000 m2
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b)
Maximum Number of Dwellings
one (1)
25.3 SITE-SPECIFIC ZONES
25.3.1 a)
D efined Area (Ballistik Paintball)
OS-1 as shown on Schedule "C", Map No. 2.
a)
P ermitted Uses
bed and breakfast establishment
conservation area
forestry use
home occupation
paintball park
single unit dwelling
wildlife sanctuary
25.3.2 a)
D efined Area (Joe's Bush)
OS-2 as shown on Schedule "A", Map No. 65.
b)
Permitted Uses
conservation area
forestry use
hunting preserve
wildlife sanctuary
25.3.3 a)
D efined Area (Taylor Pond Complex, Feasby Woodlot)
OS-3 as shown on Schedule "A", Map No. 34 and Map No. 79.
b)
Permitted Uses
conservation area
forestry use
wildlife sanctuary
25.3.4 a)
D efined Area (Port Glasgow Beach and Marina)
OS-4 as shown on Schedule "G".
b)
Minimum Required Parking Spaces
i.) for vehicles 100
ii.) for vehicles with boat trailers 50
25.3.6 a) Defined Area (Hope Harbour)
OS-6-H-3 as shown on Schedule "G" to this By-law.
b) Permitted Uses
Sewage treatment plant
Infrastructure and services
Conservation area
Private or Public Park
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c) Notwithstanding the provisions of Section 25 of the By-law, the lands zoned OS-6-H-3 on
Schedule "G" to this By-law may be developed and used on public or private roads in
accordance with Section 4.8 of this By-law; and may be serviced by a private piped water
system and a private sanitary sewage system.
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S ECTION 26. RECREATIONAL VEHICLE PARK (RVP) ZONE
The Recreational Vehicle Park (RVP) Zone applies to seasonal campgrounds and trailer parks in the
Municipality which are restricted in terms of operation under the Zoning By-law to the period April 1st
to October 31st . Only existing campgrounds and trailer parks, all of which are situated on the Lake
Erie shoreline, are zoned RVP. Up to two dwelling units or two single unit dwellings may be erected
for the accommodation of the owner and operator of the facility. A maximum of 20 travel trailers per
hectare is permitted.
26.1 GENERAL USE REGULATIONS
26.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Recreational Vehicle Park (RVP) Zone except for the following purposes:
campground or trailer park
dwelling unit or single unit dwelling as an accessory use
TABLE 26-1
R ECREATIONAL VEHICLE PARK (RVP) ZONE STANDARDS
1
Minimum Lot Area
5 ha
2
Minimum Lot Frontage
100 m
3
Maximum Lot Coverage
20%
4
Front Yard Depth
20 m
5
Side Yard Width
a) interior lot
b) corner lot
a) 10 m
b) 20 m on the side abutting the
road and 10 m on the other side
6
Rear Yard Depth
6.0 m
7
Maximum Density
20 travel trailer sites per hectare
8
Minimum Site Area
280 m2
9
Maximum Number of Dwelling Units or
Single Unit Detached Dwellings or
combination thereof
2
26.2 SPECIAL USE REGULATIONS
26.2.1 D WELLING UNITS
Where a dwelling unit is erected as an accessory use, it shall:
a) be used as the residence of the owner or an
employee of the owner engaged in the operation of
the campground or trailer park;
b) be located within or be contiguous to a main building;
c) not exceed twenty-five (25) percent of the total floor
area of the main building in which it is located;
26.2.2 S INGLE UNIT DWELLINGS
A single unit detached dwelling shall only be used as the residence of the owner or an
employee of the owner engaged in the operation of the campground or trailer park and shall
comply with the following:
a) Maximum Height
10.5 m
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26.2.3 S ETBACK REQUIREMENTS
No structure(s) shall be placed or used closer than the 3:1 Stable Slope Allowance for the Lake
Erie shoreline, and/or as determined by the Lower Thames Valley Conservation Authority. This
setback requirement will be subject to specific recommendations as outlined in the Elgin County
Shoreline Management Plan and a five (5) year review period of these structures will be required
to be undertaken to ensure there has been no movement of the slope feature that would
necessitate the removal / relocation of trailers / mobile units and their associated servicing.
26.3 S ITE-SPECIFIC ZONES
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S ECTION 27. CEMETERY (C) ZONE
The Cemetery (C) Zone applies to free-standing cemeteries with recognized property boundaries
where cemeteries are associated with another use e.g. a church, the church is considered to be the
main use and the cemetery accessory to that use and the lands zoned Institutional (I).
27.1 GENERAL USE REGULATIONS
27.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Cemetery (C) Zone except for the following purposes:
cemetery
TABLE 27-1
C EMETERY (C) ZONE STANDARDS
1
Front Yard Depth
6.0 m
2
Side Yard Width
6.0 m
3
Rear Yard Depth
6.0 m
27.2 SPECIAL REGULATIONS
27.3 SITE-SPECIFIC ZONES
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S ECTION 28. PUBLIC UTILITY (U) ZONE
The Public Utility (U) applies to lands throughout the Municipality occupied by a utility station which,
by definition, includes a water or sewage pumping station, a water storage reservoir, an electric power
transformer station, a telephone repeater station and a micro-wave tower. Utility corridors which
comprise owned as opposed to leased land or a right-of-way are zoned U. The use of land by the
Municipality, the County of Elgin, the Lower Thames Valley Conservation Authority and other public
authorities and public utilities are permitted, however, in any zone subject to the general provisions of
the By-law regarding public uses. The Municipality may however, from time to time and subject to
the requirements of the Planning Act, zone such lands Public Utility (U) for identification purposes as
part of a general or 'housekeeping' amendment to the Zoning By-law.
28.1 GENERAL USE REGULATIONS
28.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Public Utility (U) Zone except for the following purposes:
agricultural use
utility station
utility corridor
TABLE 28-1
P UBLIC UTILITY (U) ZONE STANDARDS
1
Front Yard Depth
6.0 m
2
Side Yard Width
6.0 m
3
Rear Yard Depth
6.0 m
28.2 SPECIAL USE REGULATIONS
28.3 SITE-SPECIFIC ZONES
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S ECTION 29. FUTURE DEVELOPMENT (FD) ZONE
The Future Development (FD) Zone applies to undeveloped lands in the settlement areas where the
future use and form of development is uncertain. At such time as a proposal for development is
submitted in conformity with the Official Plan and approved by the Municipality and the authorities
having jurisdiction, a change in zoning to the appropriate zone would be considered.
29.1 GENERAL USE REGULATIONS
29.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Future Development (FD) Zone except for the following purposes:
agricultural use with the exception of buildings or structures for the keeping or raising
of livestock
forestry use
TABLE 29-1
FUTURE DEVELOPMENT (FD) ZONE STANDARDS:
1
Minimum Lot Area
(1)
2
Minimum Lot Frontage
(2)
3
Maximum Lot Coverage
10%
4
Front Yard Depth
15 m
5
Side Yard Width
15 m (3)
10 m (4)
6
Rear Yard Depth
15 m
7
Maximum Building Height
10.5 m
FOOTNOTES
(1)
the area of the lot on the day it was created
(2)
the frontage of the lot on the day it was created
(3)
for lot frontages > 100 m
(4)
for lot frontages < 100 m
29.2 SPECIAL USE REGULATIONS
29.3 SITE-SPECIFIC ZONES
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S ECTION 30. LAKESHORE DEVELOPMENT (LD) ZONE
The Lakeshore Development (LD) Zone applies primarily to undeveloped lands designated
'Lakeshore Area' in the West Elgin Official Plan in Concession XIV along the Lake Erie shoreline
which are considered potentially suitable for development provided issues related to natural heritage
and natural hazards are satisfactorily addressed and the lands deemed suitable for development or
redevelopment. It also applies to existing developed lands in this same area which as a consequence
of natural causes, further development is considered inappropriate. These lands will remain zoned LD
until such time as a proposal for the development, redevelopment or use of the lands is submitted and
found satisfactory and the necessary technical studies undertaken to the satisfaction of the authorities
having jurisdiction.
30.1 GENERAL USE REGULATIONS
30.1.1 P ERMITTED USES
No land shall be used and no buildings or structures shall be erected, used or altered in the
Lakeshore Development (LD) Zone except for the following purposes:
agricultural use with the exception of buildings or structures
forestry use
30.2 SPECIAL USE REGULATIONS
30.3 SITE-SPECIFIC ZONES
30.3.1 a) Defined Area (Brannas)
LD-1 as shown on Schedule "A" Map No. 79
b) Permitted Uses
Those uses permitted under the LD Zone
An existing single unit dwelling as approved in a permit issued by the LTVCA.
An attached open covered porch
c) Minimum Setback from all lot lines
3 metres
d)
Notwithstanding item 30.3.1 c) and any other provisions of the by-law to the contrary the
setback requirements from the Lake Erie bluff shall be as determined by the Lower
Thames Valley Conservation Authority (LTVCA).
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S ECTION 31. ENACTMENT
31.1 CONFLICT WITH OTHER BY-LAWS
Where a provision of this By-law conflicts with a provision of another by-law in force in the
Municipality, the provision that establishes the higher standard shall prevail.
31.2 REPEAL OF EXISTING BY-LAWS
All previous by-laws passed under Section 34 of the Planning Act by the former Township of
Aldborough, the former Village of West Lorne and the former Village of Rodney, 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.
31.3 MINOR VARIANCES AND PERMISSIONS
Notwithstanding Section 10.2 of this By-law to the contrary, where a minor variance or
permission has been granted under Section 45 of the Planning Act or a predecessor thereof
from one or more of the permitted uses or standards of the Township of Aldborough Zoning By-
law No. 90-50, the Village of Rodney Zoning By-law No. 89-10 or the Village of West Lorne
Zoning By-law No. 89-20, as amended, the variance or permission granted shall be deemed to
continue to be in effect, and the use of lands or the erection of any building or structure to which
said variance or permission applies shall be deemed to conform and comply with the permitted
uses and standards of this By-law.
31.4 SEVERABILITY
In the event that any clause or provision of this By-law, including anything contained in the
attached schedules, is for any reason, deemed ultra vires by any Court of competent jurisdiction,
the same shall not affect the validity of the By-law as a whole or any part thereof other than the
section, clause or provision so declared to be invalid and it is hereby declared to be the intention
that all the remaining sections, provisions, and clauses or this By-law shall remain in full force
and effect.
31.5 EFFECTIVE DATE
This By-law shall come into force on the day it is passed subject to the provisions of the
P lanning Act.
Read a FIRST, SECOND AND THIRD TIME AND FINALLY PASSED by COUNCIL this 28th
day of MAY 2015.
Bernie Wiehle
Norma C. Bryant
MAYOR
CLERK
Municipality of WEST ELGIN
ZONE LEGEND
CLASSIFICATION
SYMBOL
CLASSIFICATION
SYMBOL
AGRICULTURAL
GENERAL AGRICULTURAL
AGRICULTURAL
RESTRICTED AGRICULTURAL
RESIDENTIAL
A1
A2
A3
INDUSTRIAL
GENERAL INDUSTRIAL
FARM INDUSTRIAL
RURAL INDUSTRIAL
EXTRACTIVE INDUSTRIAL
M1
M2
M3
M4
RESIDENTIAL FIRST DENSITY
RESIDENTIAL SECOND DENSITY
RESIDENTIAL THIRD DENSITY
RURAL RESIDENTIAL
HAMLET RESIDENTIAL
LAKESHORE RESIDENTIAL
FUTURE RESIDENTIAL
COMMERCIAL
VILLAGE CORE HAMLET
COMMERCIAL
HIGHWAY COMMERCIAL
TOURIST COMMERCIAL
R1
R2
R3
RR
HR
LR
FR
C1
C2
C3
TC
OTHER ZONES
INSTITUTIONAL
OPEN SPACE
RECREATIONAL VEHICLE PARK
CEMETERY
PUBLIC UTILITY
FUTURE DEVELOPMENT
LAKESHORE DEVELOPMENT
HOLDING SYMBOL
I
OS
RVP
C
U
FD
LD
H
continued...
WETLANDS AND HAZARD LANDS
LANDS IDENTIFIED AS PROVINCIALLY SIGNIFICANT WETLANDS BY THE MINISTRY
OF NATURAL RESOURCES AND FORESTRY. Under the Provincial Policy Statement 2014,
and the West Elgin Official Plan, (1) development and site alteration are not permitted in these
areas. Within 120 metres of these areas, development and site alteration may be permitted
where it has been demonstrated (customarily by an environmental impact study commissioned
by and paid for by the land owner / proponent and submitted to the Municipality), (2) that there
will be no negative impacts on the wetland or its ecological functions. Applications for building
permits within these areas and within 120 metres of these areas will be referred to the Lower
Thames Valley Conservation Authority for any required permission or approval in accordance
with Ontario Regulation 152/06 prior to issuance of any building permit by the Municipality.
Changes to these areas may occur without being reflected on the Zone Maps.
LANDS IDENTIFIED AS LOCALLY SIGNIFICANT WETLANDS BY THE MINISTRY OF
NATURAL RESOURCES AND FORESTRY. Under the policies of the West Elgin Official
Plan, (1) development and site alteration are not permitted in these areas. Within 30 metres of
these areas, development and site alteration may by permitted where it has been
demonstrated (customarily by an environmental impact study commissioned by and paid for
by the land owner / proponent and submitted to Municipality), (2) that there will be no negative
impacts on the wetland or its ecological functions. Applications for building permits within
these areas and within 30 metres will be referred to the Lower Thames Valley Conservation
Authority for any required permission or approval in accordance with Ontario Regulation
152/06 prior to issuance of any building permit by the Municipality. Changes to these areas
may occur without being reflected on the Zone Maps.
ADDITIONAL LANDS REGULATED BY THE LOWER THAMES VALLEY CONSERVATION
AUTHORITY PURSUANT TO ONTARIO REGULATION 152/06. These areas include flood
prone lands, valley land hazards, watercourse setbacks and adjacent lands associated with
provincially and locally significant wetlands.
INLAND EXTENT OF LANDS ALONG THE LAKE ERIE SHORELINE REGULATED BY THE
LOWER THAMES VALLEY CONSERVATION AUTHORITY.
List of Schedules
Schedule "A" - Rural Area
Schedule "B"- Rodney
Schedule "C" - West Lorne
Schedule "D" - Clachan
Schedule "E" - Eagle
Schedule "F" - New Glasgow
Schedule "G" - Port Glasgow
Municipality of West Elgin Zoning By-law
Municipality of West Elgin Zoning By-Law
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