This is the exact embedded text of the captured official document.
Snapshot 40dcf7546276 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Municipality of West Grey
Zoning By-law
Number 37-2006
Adopted By Council, May 15, 2006
CONSOLIDATION VERSION
(INCLUDES AMENDMENTS IN FORCE AND EFFECT AS OF APRIL 1, 2017)
This consolidated version of the Zoning By-law is for reference purposes only. In the event
that this consolidated version differs from the original By-law 37-2006 and amendments
thereto, the original By-law 37-2007 and amendments thereto shall take precedent over this
consolidated document.
NOTICE OF THE PASSING
OF A ZONING BY-LAW BY THE CORPORATION OF
THE MUNICIPALITY OF WEST GREY
TAKE NOTICE that the Council of the Corporation of the Municipality Of West Grey
passed By-law Number 37-2006 on the 15th day of May, 2006. Pursuant to Section 34 of the
Planning Act, RSO, 1990 as amended.
ONLY individuals, corporations and public bodies may appeal a Zoning By-law to the
Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated
association or group. However, a notice of appeal may be filed in the name of an individual
who is a member of the association or group.
AND TAKE NOTICE that the Zoning By-law may be appealed to the Ontario
Municipal Board by filing with the Clerk of the Municipality of West Grey no later than the
15th day of June, 2006, a notice of appeal setting out the objection to the By-law and the
reasons in support of the objection, accompanied by the fee prescribed under the Ontario
Municipal Board, S.O. 1994.
An explanation of the purpose and effect of the By-law, describing the lands to which
the By-law applies are attached. The complete By-law is available for inspection at the
Municipal Office during regular business hours.
DATED AT THE MUNICIPALITY OF WEST GREY
26th
This
day of May, 2006
Clerk
Municipality of West Grey
402813 Grey Rd 4, RR 2
Durham, ON N0G 1R0
Ph: (519) 369-2200 or
1-800-538-9647
Fax: (519) 369-5962
By-law Number 37-2006 (Consolidated April 1, 2017)
2
EXPLANATORY NOTE
PREAMBLE
This Zoning By-law was passed pursuant to Section 34 of the Planning Act, RSO 1990 as
amended. It is intended that this By-law will control and direct future uses in West Grey in
accordance with the local land use planning policies contained within the County of Grey Official
Plan and specific planning policies for West Grey. This Zoning By-law was developed from a
detailed consultation and review with the ratepayers, staff, and Council of West Grey. The efforts of
those involved have been invaluable in the development of this new Zoning By-law.
PURPOSE
The purpose of this By-law is to provide the Corporation of the Municipality of West Grey with
regulations for controlling the use of land, buildings or structures in accordance with Section 34 of
the Planning Act, RSO 1990. This By-law will replace the previous Zoning By-laws of the former
Municipalities now included in the Municipality of West Grey.
AFFECTED LANDS
The By-law will apply to all lands within the corporate boundaries of the Municipality of West Grey.
EFFECT
The effect of the passing of this By-law is to establish common zones and zone requirements for all
lands within the Municipality of West Grey. Previous municipal Zoning By-laws will be replaced with
this new Zoning By-law. This By-law will also implement the land use planning policies of the
Provincial Policy Statement, the County of Grey Official Plan, and local planning policies for West
Grey.
By-law Number 37-2006 (Consolidated April 1, 2017)
3
HOW TO USE THE BY-LAW
This By-law has been written with a view to making its application as straight forward as possible.
Where appropriate, common definitions and terms have been used with plain wording. Where there
are any questions in regard to the application of the By-law, readers are encouraged to contact the
Chief Building Official or Zoning Administrator of the Municipality.
To assist in understanding the By-law, the following steps are recommended:
STEP 1:
Locate your property on the Zoning Schedules attached to the Zoning By-law.
will indicate the specific zones that apply to your property.
This
STEP 2:
Review the General Provisions section of the By-law to determine what general
provisions will apply to permitted uses.
STEP 3:
Review the specific Zone Regulations that are contained in the zones that apply to
your property. This will provide you with permitted uses, lot sizes, setbacks, etc.
STEP 4:
If you have any questions concerning the general provisions, or zone requirements,
contact the Municipal Office.
By-law Number 37-2006 (Consolidated April 1, 2017)
4
TABLE OF CONTENTS
SECTION
PAGE
1
Title of By-law......................................................................................................................11
2
Interpretation......................................................................................................................11
3
Application of By-law........................................................................................................ 13
3.1 - Land Subject To the By-law......................................................................................13
3.2 - Conformity Requirements...........................................................................13
3.3 - Application of Other By-laws and Regulations.............................................. 13
3.4 - Conflicts with Other Municipal By-laws.........................................................13
3.5 - Conflicting Regulations............................................................................. 13
4
Administration, Enforcement and Penalties................................................................... 14
4.1 - Administration........................................................................................................... 14
4.2 - Building and Other Permits...................................................................................... 14
4.3 - Application for Building Permit................................................................................14
4.4 - Building Permit Requirements................................................................................ 15
4.5 - Certificate of Compliance......................................................................................... 15
4.6 - Inspection................................................................................................................. 16
4.7 - Penalties.....................................................................................................................16
4.8 - Additional Remedies................................................................................................. 16
4.9 - Validity........................................................................................................................16
Definitions.......................................................................................................................... 20
6
General Provisions.......................................................................................... 47
6.1 - Accessory Uses....................................................................................... 47
6.1.1 - Use................................................................................................47
6.1.2 - Location........................................................................................ 47
6.1.3 - Height........................................................................................... 48
6.1.4 - Lot Coverage..................................................................................48
6.1.5 - Establishment of An Accessory Building or Use................................. 48
6.1.6 - Open Swimming Pools.....................................................................48
6.2 - Bed and Breakfast Establishments............................................................. 49
6.3 - Buffer Area............................................................................................... 49
6.4 - Building Height Exceptions........................................................................ 50
6.5 - Commercial Kennels and Pet Boarding Establishments.................................50
6.6 - Common Amenity Area..............................................................................50
6.7 - Day Lighting (Sight) Triangles.................................................................... 50
6.8 - Development on Full Services.................................................................... 51
6.8.1- Development on Private Services...................................................... 51
6.9 - External Lighting..................................................................................... 51
6.10- Frontage on Public Street......................................................................... 51
6.11- Garbage Storage Areas.............................................................................51
6.12- Garden Suites......................................................................................... 52
By-law Number 37-2006 (Consolidated April 1, 2017)
5
5
SECTION
PAGE
6.13 - Group Homes........................................................................................53
6.13.1 - Permitted Group Homes.............................................................. 53
6.13.2 - Group Home Regulations............................................................ 53
6.14 - Home Industry Regulations...................................................................... 54
6.15 - Home Occupations.................................................................................. 54
6.16 - Loading Regulations...............................................................................55
6.17 - Minimum Distance Separations................................................................ 57
6.17.1 - MDS I - New Non-farm Uses...........................................................57
6.17.2 - MDS II - New or Expanded Livestock Facilities & Manure
Storage Facilities.............................................................. 57
6.18 - Mobile Homes.........................................................................................57
6.19 - More than One Use Permitted................................................................... 57
6.20 - Natural Environment and Municipal Drain Setbacks.................................... 57
6.20.1 - Natural Environment Zone Setbacks................................................ 57
6.20.2 - Natural Environment Zone & Lot Area Calculation............................ 58
6.20.3 - Municipal Drain Setback............................................................... 58
6.20.4 - Environmental Impact Studies...................................................... 58
6.20.5 - Natural Environment-Holding Provisions....................................... 59
6.21 - Non-Conforming Uses.............................................................................. 59
6.22 - Non-Complying Uses...............................................................................60
6.23 - Nutrient Management Plans/Manure Storage.............................................. 60
6.24 - One Main Building Per Lot........................................................................60
6.25 - Outdoor Display Areas............................................................................ 60
6.26 - Outdoor Storage Areas.............................................................................61
6.27 - Parking Regulations................................................................................ 61
6.27.1 - Size of Spaces............................................................................. 61
6.27.2 - Parking Spaces............................................................................. 61
6.27.3 - Location of Parking Areas and Spaces.............................................61
6.27.4 - Calculation of Parking Regulations.................................................62
6.27.5 - Parking For the Physically Disabled.................................................62
6.27.6 - Parking For More than One Use in a Building.................................. 63
6.27.7 - Parking Required For General Commercial (C1) Zone........................... 63
6.27.8 - Minimum # of Parking Spaces Required.......................................... 63
6.28 - Parking/Storage of Recreational & Commercial Vehicles in Residential Zones... 65
6.29 - Accessory Apartment Dwelling Unit........................................................ 66
6.30 - Residential Setback from Sewage Treatment Plant......................................66
6.31 - Street Setback Standards and Exceptions..................................................66
6.31.1 Setbacks....................................................................................... 66
6.31.2 - Exceptions.................................................................................. 67
6.32 - Temporary Uses, Buildings and Structures................................................ 67
6.33 - Undersized Lots/Existing Lots of Record...................................................68
6.34 - Uses Permitted in All Zones..................................................................... 68
6.35 - Uses Restricted in All Zones.................................................................... 68
6.35.1 - Noxious Uses Prohibited...............................................................68
6.35.2 - Restricted Uses........................................................................... 68
6.35.3 - Shipping Container..................................................................... 68
6.36 - Yard Encroachments.............................................................................. 70
6.37 - Movement of Buildings........................................................................... 70
By-law Number 37-2006 (Consolidated April 1, 2017)
6
SECTION
PAGE
6.38 - Setbacks from Existing & Known Abandoned Landfill Sites......................... 71
6.39 - Recreational Trailers...............................................................................72
7
Zones, Maps and Boundaries............................................................................73
7.1 - Zone Descriptions..................................................................................... 74
7.2 - Exceptions ............................................................................................. 74
7.3 - Holding Provisions....................................................................................74
7.4 - Zone Maps............................................................................................... 75
7.5 - Zone Boundaries...................................................................................... 75
7.6 - Closed Street, Lane, Railway or Highway Right-of-Way.... .............................75
8
Agricultural Zone (A1) ..................................................................................... 76
8.1 - Permitted Uses...........................................................................................76
8.2 - Regulations...............................................................................................76
8.3 - Reduced Regulations................................................................................ 78
8.4 - Prohibited Livestock Facilities.................................................................. 79
8.5 - Home Industries....................................................................................... 79
8.6 - Home Occupations................................................................................... 79
8.7 - Minimum Distance Separation Requirements............................................... 79
8.8 - Setbacks From Temporary Asphalt Plants................................................... 79
8.9 - Seasonal Agricultural Produce Stands........................................................ 79
8.10-Off Street Parking Spaces.......................................................................... 79
9
Rural Zone (A2) .............................................................................................. 80
9.1 - Permitted Uses......................................................................................... 80
9.2 - Regulations.............................................................................................. 82
9.3 - Reduced Regulations................................................................................ 83
9.4 - Prohibited Livestock Facilities.................................................................. 83
9.5 - Home Industries........................................................................................ 83
9.6 - Home Occupations.....................................................................................83
9.7 - Minimum Distance Separation Requirements................................................83
9.8 - Setbacks for Temporary Portable Asphalt Plant............................................ 83
9.9 - Seasonal Agricultural Produce Stands ........................................................ 83
9.10-Maximum Gross Floor Area......................................................................... 83
10
Restricted Rural Zone (A3) .......................................................................
84
10.1 - Permitted Uses........................................................................................ 84
10.2 - Regulations........................................... .................................................84
10.3 - Reduced Lot Regulations......................................................................... 86
10.4 - Home Industries...................................................................................... 87
10.5 - Home Occupations.................................................................................. 87
10.6 - Minimum Distance Separation Requirements..............................................87
10.7 - Setbacks for Temporary Asphalt Plant....................................................... 87
10.8 - Seasonal Agricultural Produce Stands....................................................... 87
11
Unserviced Residential Zone (R1 A) .................................................................. 88
11.1 - Permitted Uses.........................................................................................88
11.2 - Regulations............................................................................................ 88
By-law Number 37-2006 (Consolidated April 1, 2017)
7
SECTION
PAGE
11.3 - Other Provisions..................................................................................... 88
12
Residential Zone (R1 B) ....................................................................................89
12.1 - Permitted Uses........................................................................................ 89
12.2 - Regulations........................................................................................... 89
12.3 - Other Provisions..................................................................................... 89
13
Residential Zone (R2) ........................................................................................ 90
13.1 - Permitted Uses........................................................................................90
13.2 - Regulations........................................................................................... 90
13.3 - Other Provisions.................................................................................... 93
14
Residential Zone (R3) ....................................................................................... 94
14.1 - Permitted Uses........................................................................................ 94
14.2 - Regulations........................................................................................... 94
14.3 -Garbage Storage Areas........................................................................... 96
14.4 - Other Provisions..................................................................................... 97
15
Estate Residential Zone (ER) ........................................................................... 98
15.1 - Permitted Uses....................................................................................... 98
15.2 - Regulations........................................................................................... 98
15.3 - Other Provisions.................................................................................... 98
16
Mobile Home Park Zone (MH) ............................................................................99
16.1 - Permitted Uses........................................................................................ 99
16.2 - Regulations.......................................................................................... 99
17
General Commercial Zone (C1) .........................................................................101
17.1 - Permitted Uses.......................................................................................101
17.2 - Regulations............................................................................................. 101
17.3 - Accessory Residential Uses...................................................................... 102
17.4 - Other Provisions...................................................................................... 102
17.5 - Exceptions............................................................................................... 102
18
Highway Commercial Zone (C2) ....................................................................... 103
18.1 - Permitted Uses.......................................................................................103
18.2 - Regulations.......................................................................................... 104
18.3 - Other Provisions................................................................................... 104
18.4 - Specific Regulations for Automotive Service Station; Automotive
Washing Establishment or Gas Bar......................................................... 104
18.5 - Regulations for Hotels, Motels & Motor Homes......................................... 105
19
Neighbourhood Commercial Zone (C3) ............................................................ 107
19.1 - Permitted Uses........................................................................................ 107
19.2 - Regulations............................................................................................. 107
By-law Number 37-2006 (Consolidated April 1, 2017)
8
SECTION
PAGE
20
Space Extensive Commercial Zone (C4) ............................................................ 109
20.1 - Permitted Uses........................................................................................ 109
20.2 - Regulations........................................................................................... 109
20.3 - Other Provisions.................................................................................... 111
20.4 - Exceptions........................................................................................... 110
21
Hamlet Commercial Zone (C5) .......................................................................... 111
21.1 - Permitted Uses.......................................................................................111
21.2 - Regulations.......................................................................................... 111
21.3 - Other Provisions................................................................................... 112
22
Mixed Use Zone (MU1).....................................................................................113
22.1 - Permitted Uses...................................................................................... 113
22.2 - Dwelling Units Accessory to a Commercial Use......................................... 113
22.3 - Other Provisions................................................................................... 113
23
Rural Commercial Zone (C6) ............................................................................114
23.1 - Permitted Uses...................................................................................... 114
23.2 - Regulations.......................................................................................... 114
23.3 - Accessory Residential Uses.................................................................... 115
23.4 - Minimum Distance Separation Requirements............................................. 115
23.5 - Other Provisions................................................................................... 115
24
Industrial Zone (M1) ....................................................................................... 116
24.1 - Permitted Uses........................................................................................ 116
24.2 - Regulations.......................................................................................... 117
24.3 - Parking Space Regulation-Visitor............................................................ 117
24.4 - Accessory Retail Use............................................................................. 117
24.5 - Other Provisions.................................................................................... 117
25
Restricted Industrial Zone (M2) ....................................................................... 11
25.1 - Permitted Uses...................................................................................... 118
25.2 - Regulations........................................................................................... 118
25.3 - Parking Space-Visitor..............................................................................119
25.4 - Accessory Retail Use..............................................................................119
25.5 - Other Provisions.................................................................................... 119
26
Rural Industrial Zone (M3) .............................................................................. 120
26.1 - Permitted Uses...................................................................................... 120
26.2 - Regulations........................................................................................... 120
26.3 - Other Provisions.................................................................................... 120
26.4 - Accessory Retail Use..............................................................................120
27
Extractive Industrial Zone (M4) ........................................................................ 122
27.1 - Permitted Uses.......................................................................................122
27.2 - Regulations........................................................................................... 122
27.3 - Setbacks............................................................................................... 122
By-law Number 37-2006 (Consolidated April 1, 2017)
9
SECTION
PAGE
28
Institutional Zone (I)........................................................................................ 123
28.1 - Permitted Uses.......................................................................................123
28.2 - Regulations........................................................................................... 123
28.3 - Other Provisions.................................................................................... 124
29
Open Space Zone (OS) ....................................................................................125
29.1 - Permitted Uses.......................................................................................125
29.2 - Regulations........................................................................................... 125
29.3 - Other Provisions.................................................................................... 125
30
Future Development Zone (FD) .........................................................................126
30.1 - Permitted Uses.......................................................................................126
30.2 - Regulations for Single Detached Dwelling Units........................................ 126
30.3 - Regulations for Home Occupations.......................................................... 126
30.4 - Regulations for Accessory Uses, Buildings & Structures............................. 126
31
Natural Environment Zone (NE) ........................................................................127
31.1 - Permitted Uses.......................................................................................127
31.2 - Regulations............................................................................................ 127
31(A) Natural Environment 2 Zone (NE 2).................................................................... 128
31.1 (A) - Permitted Uses.................................................................................. 128
31.2 (A) - Regulations...................................................................................... 128
32
Floodway Zone (FL) ........................................................................................ 129
32.1 - Permitted Uses.......................................................................................129
32.2 - Regulations........................................................................................... 129
33
Flood Fringe Overlay (FF) ................................................................................130
33.1 - Permitted Uses....................................................................................... 130
33.2 - Regulations.......................................................................................... 130
34
..................................................................................................................... 133
35
Exception Zones.............................................................................................134
36
Administration............................................................................................... 192
37
Approvals...................................................................................................... 193
Appendix A: Minimum Distance Separation
By-law Number 37-2006 (Consolidated April 1, 2017)
10
THE CORPORATION OF THE MUNICIPALITY OF WEST GREY
BY-LAW NUMBER 37-2006
BEING A BY-LAW, UNDER THE PROVISIONS OF SECTION 34 OF THE PLANNING
ACT, R.S.O. 1990, AS AMENDED, TO RESTRICT THE USE OF LANDS AND THE
CHARACTER, LOCATION AND USE OF BUILDINGS AND STRUCTURES, AND TO
PROHIBIT CERTAIN BUILDINGS AND STRUCTURES IN VARIOUS DEFINED AREAS
OF THE CORPORATION OF THE MUNICIPALITY OF WEST GREY.
WHEREAS The Planning Act provides that the Council of a Municipal Corporation may
pass by-laws to restrict the use of lands and the character, location and use of buildings or
structures;
NOW THEREFORE the Council of the Corporation of the Municipality of West Grey
enacts as follows:
By-law Number 37-2006 (Consolidated April 1, 2017)
11
SECTION 1 - TITLE OF BY-LAW
1.1
This By-law may be cited as the Zoning By-law of the Municipality of West Grey, and
includes the text, schedules, appendix, and tables appended hereto.
SECTION 2 - INTERPRETATION
2.1
In this By-law, unless the context clearly indicates the contrary, the expression "use" or "to
use" shall include anything done or permitted 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 with the knowledge or consent of such owner or occupant, for the purpose of making
use of the said land, building or structure.
2.2
In this By-law, unless the context clearly indicates the contrary:
Words in the present tense include the future;
Words in the singular number include the plural, and the converse; and
Words in the masculine gender shall include the feminine, and the converse.
2.3
In this By-law, the word "shall" is construed as always mandatory.
2.4
The word "use", when used as a noun, shall mean the purpose for which a lot or a building
or structure or any combination thereof is designated, arranged, intended, occupied or
maintained and "uses" shall have a corresponding meaning. When used as a verb, the
word "use" or " to use" shall have a corresponding meaning.
Uses not listed as permitted in a zone or otherwise provided for in this By-law shall be
prohibited in such zone except as provided for under Section 6.21 (Non-conforming uses) of
this By-law.
2.5
In the regulations, dimensions are provided in both metric and imperial to make the By-law
more "user-friendly". Where a significant difference is present between the two values for
any regulations, as a result of a numerical conversion, the least restrictive dimension shall
prevail.
2.6
The Natural Environment (NE) Zone boundaries identified on the schedules to this By-law
are intended to generally identify the location of potentially hazardous environmental
features. During review of development applications and building permit applications, if
necessary, the boundaries of the NE zone shall be more precisely determined in
consultation with the Conservation Authority or other agencies having jurisdiction in the
area. Where detailed resource mapping and/or site inspection occurs, this may result in a
re-interpretation of the limits of the NE zone boundary. Additionally, a technical evaluation,
approved by the Conservation Authority may be used to further delineate the limits of the
Natural Environment (N.E.) Zone.
2.7
The Flood Fringe Overlay is identified on this By-law as an indicator that the lands may be
subject to potential flooding during a major storm. Land owners are encouraged to review
By-law Number 37-2006 (Consolidated April 1, 2017)
12
Section 33, of this By-law if their lands are included in the Flood Fringe Overlay. These
restrictions will apply in addition to the underlying land use zone provisions.
SECTION 3 - APPLICATION OF THE BY-LAW
3.1
LANDS SUBJECT TO BY-LAW
The provisions of this By-law shall apply to all lands within the boundaries of the Corporation
of the Municipality of West Grey.
3.2
CONFORMITY REQUIREMENTS
3.2.1 No person shall use any land, or construct, alter or use any building or structure or
part thereof within the limits of the Municipality of West Grey except in conformity
with the provisions of this By-law. A use is prohibited under this by-law unless such
use is expressly stated as permitted by this By-law.
3.2.2 No building, structure, or part thereof constructed or altered in contravention of this
By-law shall be used by any person so long as such building, structure, or part
thereof, continues to contravene the provisions of this By-law.
3.2.3 No lot shall be reduced in area by conveyance, severance, mortgage or other
alienation of a part thereof so that any remaining yard or other open space is less
than required by this By-law. If any such reduction occurs, such lot and any building
or structure thereon shall not thereafter be used by any person unless and until the
said yard or requirements of this By-law are complied with.
3.2.4 No person shall change the purpose for which any lot, building or structure is used,
or construct, alter, or use any building or structure, or sever any lands from any
existing lot, if the effect of such action is to cause the original, remaining or new
building, structure or lot to be in contravention of this By-law.
3.2.5 No person within any Zone shall erect, alter, enlarge, or use any building or
structure, or use any land in whole or in part, except in conformity with this By-law.
3.3
APPLICATION OF OTHER BY-LAWS AND REGULATIONS
Nothing in this By-law shall relieve any person from the obligation to comply with the
requirements of the Ontario Building Code Act or any other By-law of the Municipality or
County in force from time to time or the obligation to obtain any license, permit, or approval
lawfully required under any regulation or By-law of the Municipality, County of Grey or by a
governmental authority having jurisdiction to make such restrictions.
3.4
CONFLICTS WITH OTHER MUNICIPAL BY-LAWS
In the event of any conflict or inconsistency between this By-law and any other By-law of the
Corporation, the provisions of this By-law shall prevail.
3.5
CONFLICTING REGULATIONS
Where a combination of permitted uses results in conflicting regulations, the most restrictive
regulations shall apply.
By-law Number 37-2006 (Consolidated April 1, 2017)
13
SECTION 4 - ADMINISTRATION, ENFORCEMENT AND PENALTIES
4.1
ADMINISTRATION
Unless otherwise specified, this By-law shall be administered by the Chief Building Official
and/or Building Inspector, or Zoning Administrator, acting on the direction of the Council of
the Municipality of West Grey.
4.2
BUILDING AND OTHER PERMITS
a)
Notwithstanding the provisions of any other By-laws of the Municipality of West
Grey, the Chief Building Official shall not issue any building permit or any other
permit where the proposed building or any part thereof, use or occupancy would be
in violation of any provisions of this By-law. To implement the requirements of this
By-law, the Municipality may consider the issuance of occupancy permits or
certificates, or change of use permits.
b)
It shall be unlawful for any person or persons to use or permit to use or cause a
change in use of any building or part thereof, hereafter erected or altered until such
Building Permit or Change of Use Permit has been issued and certified by the Chief
Building Official in accordance with The Ontario Building Code Act and the Building
By-law.
4.3
APPLICATION FOR BUILDING PERMIT
In addition to all the requirements of The Ontario Building Code and the Building By-law or
any other by-laws, every application for a building permit shall be accompanied by a plan in
duplicate (one copy of which shall be retained by the Chief Building Official) drawn to scale
and showing the following:
a) The true dimensions of the lot to be built upon or otherwise used;
b) The location, height and dimensions of any building, structure or use proposed for
such lot;
c) The true dimensions of any yards, setbacks, landscaped areas, off-street parking
spaces or off-street loading facilities required by this By-law;
d) The location of all existing buildings or structures on the lot shown on the plan;
e) Information showing landscaping, curbing, drainage, retaining walls, any other
physical additions existing or proposed for the site;
f) A statement, signed by the owner, disclosing the existing and proposed use(s) for the
land, building or structure and providing any other information that the Building Official
considers necessary to determine if such use, building or structure complies with the
requirements of this By-law;
g) Floor plans, building sections, elevations and other details that are required to indicate
that the building, when completed, will comply with this By-law and other by-laws of the
Municipality of West Grey; and
By-law Number 37-2006 (Consolidated April 1, 2017)
14
h) Existing contours of the land and the proposed contours if any change in site elevation is
proposed.
4.4
BUILDING PERMIT REQUIREMENTS
Prior to issue of a building permit, the following documents shall be submitted to the Chief
Building Official:
a)
Completed application form signed by the landowner, or agent (letter of authority) to be
attached to application;
b)
Accurate site plan in compliance with the Zoning By-law. The site plan must include
the true dimensions of the lot; the location and dimensions of all existing and proposed
buildings; and building set backs from lot lines as indicated in Section 4.3.
In certain circumstances, your site plan will have to be approved by the Saugeen
Valley Conservation Authority due to the proximity of hazard land;
c)
Copy of entrance permit & approval signed by Municipal Road Superintendent/Grey
County Highways Department/Ministry of Transportation. The Municipality requires
that the entrance be installed prior to the issue of the permit to build;
d)
Copy of septic system approval or building appraisal if required; A private septic
system required by this By-law shall mean a "private sewage system" pursuant to the
Building Code Act, S.O, 1992, Chapter 23.
e)
Receipt for payment of Municipal Development Charges, if applicable.
f)
Two sets of construction plans conforming to the Ontario Building Code (current
edition), one set shall be returned with any changes noted;
g)
Payment of building permit fees;
h)
Payment of civic addressing sign.
PLEASE NOTE:
Provide at least one week for permit issue.
4.5
CERTIFICATE OF COMPLIANCE
Prior to the issuance of a certificate for occupancy, if required, the Zoning Administrator or
the Chief Building Official or any officer or employee of the Municipality of West Grey acting
under his/her direction, may request the submission of a real property report prepared by an
Ontario Land Surveyor, which provides information necessary for the Chief Building Official
and/or Building Inspector to determine if the buildings, structures or uses of the subject
property comply with the requirements of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
15
4.6
INSPECTION
The Zoning Administrator/Chief Building Official or any officer or employee of the Municipality
of West Grey acting under his/her direction, is hereby authorized to enter, at all reasonable
hours, upon any property or premises in or on which he/she has reason to believe that the
provisions of the By-law are in contravention for the purpose of carrying out his/her duties
under this By-law.
4.7
PENALTIES
Any person convicted of a breach of any provision of this By-law shall be subject to such
penalties or orders as provided for in Section 67 of The Planning Act, as amended.
The imposition of a penalty for a contravention of this By-law shall not excuse the condition
or matter resulting in such contravention or permit it to continue. Any person contravening
this By-law shall correct or remedy the condition or matter resulting in such contravention
within a reasonable time.
Where a conviction is entered, in addition to any other remedy or any penalty provided by
law, the court in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the
offence by the person and/or Corporation convicted.
4.8
ADDITIONAL REMEDIES
In case any building or structure is to be erected, altered, reconstructed, extended or part
thereof is to be used, or any lot is to be used, in contravention of any requirement of this By
law, such contravention may be restrained by action at the instance of any rate-payer or of
the Corporation of the Municipality of West Grey pursuant to the provisions of The Municipal
Act or The Planning Act as amended from time to time.
4.9
VALIDITY
If any section, clause or provision of this By-law including anything contained in the
Schedules attached hereto is for any reason declared by a court of competent jurisdiction to
be invalid, 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, clauses or provisions of this By-law shall
remain in full force and effect until repealed, notwithstanding that one or more provisions
thereof shall have been declared to be invalid.
By-law Number 37-2006 (Consolidated April 1, 2017)
16
SECTION 5 - DEFINITIONS
DEFINITION INDEX
A
Abattoirs
Abutting
Accessory
Addition(s)
Agricultural
Agricultural related use
Alter
Antique Store Market
Arcade
Art Gallery
Artisans market
Asphalt or Concrete Plant
Asphalt Plant, Temporary Portable
Assembly Hall
Attached
Attic
Automotive body repair shop
Automotive Sales Establishment
Automotive Service Station
Automotive use
Automotive Washing Establishment
B
Bakeries
Bakeshop
Banquet Hall
Basement
Bed and Breakfast Establishment
Boarding, Lodging or Rooming
Establishment
Buffer area or strip
Building & Rental
Building Area
Building Inspector
Building, Chief Official
Building setback
Bulk Fuel Depot
Business or Professional Office
Bus Depot
C
Campground
Canopy
Carport
Caterer's Establishment
Cellar
Cemetery
Church
Clinic, Medical
Clinic, Veterinarian
Club, Commercial
Club, Private
Commercial Greenhouse/Nursery
Commercial School or Studio
Commercial Use
Community Centre
Companion Animal Office
Computer Programming Establishment
Conservation
Construct
Contractor's Yard
Convenience Store
Council
County
Court
Crawl Space
Crematorium
Cultural Entertainment Facility
Custom Workshop
D
Data Processing Establishment
Day Lighting (Sight) Triangle
Day Nursery
Deck
Dry Cleaning depot
Dry Cleaning /Laundry
Dwelling
Dwelling unit
E
Equestrian Centre
Erosion Control
Existing
F
Factory Outlet
Fairgrounds
Farm
Farm Building Cluster
Farm Implement Sales
Financial Office
Finished Grade
Fish & Wildlife Management
Flea Market
Flood Control
Flood Fringe
Floodplain
Flood Proofing
Floodway
Floor Area
Floor Area, Gross
Floor Area, Ground
Floor Area, Retail
Forest Management
Funeral Home
G
Garage, Private
Garden Centre
Garden Suite
Gas Bar
Golf Course
Golf Course, Miniature
Golf Driving Range
Greenhouse
Group Home
By-law Number 37-2006 (Consolidated April 1, 2017)
17
H
M
Q
Habitable Room
Main Building
Quarry
Hazardous Substances
Main Use
Quarry, Wayside
Heavy Equipment Sales
Main Wall
Height/ Building Height
Mausoleum
R
Home for the Aged, Rest Home
Mini-Storage Facility
Recreational Use-Active
Home Industry
Mobile Home
Recreational Use-Passive
Home Occupation
Mobile Home Park
Regional Floodplain
Hospital
Mobile Home Site
Regional Storm Flood Event
Hotel
Modular Residential
Regulatory Flood
Dwelling Unit
Rental Outlet
Motel, Motor Hotel
Reserve
I
Motor Home
Residential
Industry, Dry
Motor Vehicle
Residential Dwelling (Apartment;
Industrial Mall
Municipality
Accessory Apartment; Apartment
Industrial Use
Municipal Drain
Seniors; Bachelor; Converted;
Institutional Use
Museum
Duplex; Triplex; Fourplex; Link
Or Twin; Attached; Semi-detached;
J
N
Single detached; Split level;
Junk Yard
Natural Environment
Townhouse; Townhouse Cluster)
Neighbourhood Store
Residential Dwelling Unit
K
Non-complying
Residential , Non-Farm
Non-conforming
Restaurant (Dining; Drive-In;
Non-habitable
Drive-Thru; Take-Out)
L
Nursing Home
Retail Food Store
Land Lease Community Home
Retail Store
Land Lease Community Home Site
O
Landscaped Area
Official Plan
S
Lane
One in One-Hundred Year
Salvage, Wrecking, Recycling
Laundromat
Flood
Facility
Library
P
School
Livestock
Park
Season Recreational Site
Livestock Facilities
Parking Aisle
Seasonal Agricultural Produce
Livestock Housing Capacity
Parking Area
Stand
Livestock Unit
Parking Lot
Second hand Store
Loading Space
Parking Space
Service Industry
Lot
Passive Recreation
Service or Repair Shop
Lot Area
Person
Sewage Treatment Facility
Lot Corner
Personal Service Shop
Sewage Treatment Facility private
Lot Coverage
Pit
Shipping Containers
Lot Depth
Pit, Wayside
Shopping Centre
Lot Frontage
Place of Entertainment
Shopping Mall
Lot Through
Place of Recreation
Sign
Lot Line
Place of Worship
Storey (First of ground; second, attic,
Lot Line, Rear
Planting Strip
basement, crawl space, cellar
Lot Line, Front
Poultry Processing Facility
Street
Lot line, Side
Prefabricated Residential
Street Line
Lot line, Exterior Side
Dwelling
Structure
Lot line, Interior Side
Printing Establishment
Swimming Pool
Print Shop
Private Home Day Care
Public
Public Agency
Public Utility
Public Works Yard
By-law Number 37-2006 (Consolidated April 1, 2017)
18
T
Tavern
Terrace
Tillable Hectares
Trailer Camp or Park
Trailer, Park Model
Trailer, Recreational
Trailer, Seasonal Recreational
Trailer, Recreational Sales and
Service Establishment
Transport Establishment
U
U-Brew Establishment
Use
W
Warehouse
Watercourse
Water treatment Facility
Wholesale Outlet
Y
Yard
Yard, Front
Yard, Rear
Yard, Required
Yard, Side
Yard, Exterior Side
Yard, Interior Side
Z
Zone
Zoning Administrator
By-law Number 37-2006 (Consolidated April 1, 2017)
19
DEFINITIONS
In this By-law, unless the context requires otherwise, the following definitions and interpretations
shall apply. Illustrations depicting definitions are provided for clarification and convenience only
and do not form a part of the By-law. The illustrations can be found at the end of this By-law in
the Appendix Section. The inclusion of a definition in this section, does not mean that the use is
permitted within any zone. Reference needs to be made to the specific zone to determine
permitted uses and regulations within that zone.
5.1
ABATTOIRS, means a building or structure, designed and used, or part thereof, for the
commercial slaughtering, processing and retailing of products of animals.
5.2
ABUTTING, means a lot line that has any point in common with another lot line that is not
part of a street line or lane; or where two or more parcels share a common boundary of at
least one (1) point or a building or structure that share a common wall.
5.3
ACCESSORY, when used to describe a use, building or structure, means a use,
building or structure, which is incidental, subordinate, and exclusively devoted to the main
use, building, or structure located on the same lot and in the same Zone as such use,
building or structure and which is not used or intended for use as human habitation unless
permitted by the provisions of certain Zones of this By-law.
5.4
ADDITION(S), when used in reference to a seasonal recreational travel trailer, means a
structure(s) which is attached to and used in conjunction with, and may be divided into
more than one room.
5.5
AGRICULTURAL, means a use of land, building or structure for the purpose of animal
husbandry, raising of livestock and other animals for food or fur including poultry, bee
keeping, fish, aqua-culture and dairy; the growing of field crops, vegetables, agro-forestry,
forestry, fruit farming, sod farming, greenhouses and horticulture crops, pasturage, fallow,
maple syrup production or any other farming use; and includes the growing, raising,
packing, treating, storing, and sale of agricultural products produced on the premises but
does not include an abattoir, a kennel or a rendering plant, commercial greenhouse
and/or nursery or garden centre. For kennel requirements, local Dog Control By-laws
should be consulted.
5.6
AGRICULTURALLY RELATED USE, means a commercial or industrial use directly
related to agriculture and requiring proximity to farm operations and may include such
uses as animal husbandry services, produce or grain storage/processing facilities, farm
machinery sales and service outlets, feed and seed warehouse and associated retail
outlets.
5.7
ALTER, when used in reference to a building, structure, or part thereof, means 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, or a change from one
type of occupancy to another or a structural alteration or change there to.
When used in reference to a lot, the word "alter" means a change in use, or a decrease or
increase in the width, depth, or area thereof or to decrease or increase the width, depth, or
area of any required yard, building setback, landscaped area or parking area, or to
20
By-law Number 37-2006 (Consolidated April 1, 2017)
change the location of any boundary of such lot with respect to a street or lane, whether
such alteration is made by conveyance or alienation of any portion of said lot, or
otherwise. The words "altered" and "alteration" shall have corresponding meanings.
5.8
ANTIQUE STORE/MARKET, means the use of land, buildings or structures for the sale of
old and authentic objects of personal property which has a unique appeal and enhanced
value mainly because of its age, or because of public demand, has attained value in a
recognized commercial market which is in excess of its original value.
5.9
ARCADE, means a place of business where an individual, association, partnership or
corporation, maintains three or more coin operated machines for public use such as
pinball machines, video games or other similar player-operated amusement devices.
5.10
ART GALLERY means a use, building or structure where paintings, sculptures or other
works of art are exhibited or sold.
5.11
ARTISANS MARKET, means the use of a building or structure or part thereof as the
workplace of a photographer, craftsperson or artist and may include the display and sale
of their products along with accessory items.
5.12
ASPHALT OR CONCRETE PLANT, means an industrial facility that has equipment
designed to heat and dry aggregate and to mix mineral aggregate with bituminous asphalt,
concrete and concrete products and/or other similar materials, and includes stockpiling
and storage of bulk materials used in the process or finished products manufactured on
the premises and the storage and maintenance of equipment, but does not include the
retail sale of finished asphalt or concrete products
5.13
ASPHALT PLANT, TEMPORARY PORTABLE , means a facility which meets all of the
following:
a)
Has equipment designed to heat and dry aggregate and to mix aggregate with
bituminous asphalt to produce asphalt paving material, and includes stockpiling
and storage of bulk materials used in the process;
b)
Is not of permanent construction, but is designed to be dismantled and moved to
another location as required; and,
c)
Is associated with a specific contract for work undertaken by or on behalf of a
public road authority.
5.14
ASSEMBLY HALL, see BANQUET HALL
5.15
ATTACHED, means a building or structure otherwise complete in itself, which depends
upon a division wall or shared common wall with an adjacent building or structure for
structural support or complete enclosure.
5.16
ATTIC, see STOREY.
By-law Number 37-2006 (Consolidated April 1, 2017)
21
5.17
AUTOMOTIVE BODY REPAIR SHOP, means a building or other structure where repairs
to and/or bodywork, painting of or reconditioning of motor vehicles is carried on, but does
not include an automotive sales establishment, an automotive service station, or
salvage or wrecking and recycling yard.
5.18
AUTOMOTIVE SALES AND SERVICE ESTABLISHMENT, means a lot, building or
structure used for the display and sale of new or new and used motor vehicles and may
include the servicing, repair, cleaning, polishing, and lubrication of motor vehicles; the sale
of automotive accessories and related products; and the leasing or renting of motor
vehicles.
5.19
AUTOMOTIVE SERVICE STATION, means a lot, building or other structure where goods
are sold and/or services and repairs are provided, which are essential to the operation of
motor vehicles, but does not include a retail store, automotive body repair shop,
automotive sales establishment nor an automotive washing establishment as defined
in this By-law. The incidental sale of refreshments to the traveling public may be
permitted.
5.20
AUTOMOTIVE USE, means an automotive service station, an automotive body repair
shop, an automotive sales establishment or an automotive washing establishment
as defined in this By-law.
5.21
AUTOMOTIVE WASHING ESTABLISHMENT, means a building or structure used for the
washing or cleaning of motor vehicles by automatic or self-serve washing equipment.
5.22
BAKERIES, means the use of land, buildings or structures for producing, mixing,
compounding or baking bread, biscuits, ice cream cones, cakes, pies, buns, or any other
bakery product of which flour or meal is the main ingredient, but does not include a
restaurant or other premises where any such product is made for consumption on the
premises and does not include a bake shop.
5.23
BAKESHOP, means a retail store where baked goods, which may be consumed on or off
the premises are offered for sale. Incidental baking of products for retail sale may be
permitted in association with a bakeshop.
5.24
BANQUET HALL, means a building, or part thereof, in which facilities are provided for
such purposes as the gathering together of, entertaining or catering to a large group of
people for functions such as meetings, charitable events, civic, cultural, educational,
political, religious, or social purposes.
5.25
BASEMENT, see STOREY.
5.26
BED AND BREAKFAST ESTABLISHMENT, means a single detached residential
dwelling in which the proprietor resides and supplies furnished rooms and may serve
breakfast on a temporary basis to overnight guests for monetary gain. It does not include
a restaurant, hotel, motel, motor hotel, and boarding, lodging or rooming establish
ment or any other form of residential dwelling as defined by this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
22
5.27
BOARDING, LODGING OR ROOMING ESTABLISHMENT, means a dwelling where
rooms are regularly let, with or without the provision of meals, for a consideration to three
or more persons, other than the owner, lessee or tenant of the dwelling.
5.28
BUFFER AREA OR STRIP, means a landscaped area intended to obstruct or reduce the
noise, lighting glare, unsightly views or any other nuisance of one land use or property
onto another and may include such screening features as a continuous row of trees or
hedge row of evergreens or shrubs, a berm, a wall, or an opaque fence.
5.29
BUILDING, means any structure temporary or permanent, which is used or intended to be
used for the shelter, accommodation or enclosure of persons, animals or chattels, but
does not include a lawful boundary wall or fence.
5.30
BUILDING AREA, means the greatest horizontal area of a building above finished grade
within the outside surface of exterior walls and the centre line of firewalls.
5.31
BUILDING INSPECTOR, means a person appointed by the municipality, who is charged
with enforcing the provisions of the Building Code, Building By-law, Zoning By-law and
other local by-laws, as required.
5.32
BUILDING, MAIN, means a building designated or used for the principal use of the lot.
5.33
BUILDING OFFICIAL, CHIEF means a person appointed or constituted by the Council of
a Municipality who is charged with the duty of enforcing the provisions of the Ontario
Building Code, the Building By-law, the Zoning By-law and other local by-laws, as may be
amended.
5.34
BUILDING SETBACK, means the least horizontal distance permitted by this By-law as
measured between a lot line of a lot and the nearest portion of any building, structure or
open storage area.
5.35
BUILDING SUPPLY OUTLET, means a building, structure or parts thereof where building,
construction or other home improvement materials are stored for the purpose of wholesale
or retail and may include accessory facilities for the cutting of the finished lumber
products.
5.36
BULK FUEL DEPOT, means the use of land, building or structures or parts thereof for the
bulk surface or underground storage of propane , petroleum products, chemicals, gases or
similar products and may include the distribution of same.
5.37
BULK SALES ESTABLISHMENT, means a building or structure used for the sale of
goods in bulk form, and includes the storage and display of such goods.
5.38
BUSINESS OR PROFESSIONAL OFFICE, means a building, structure or parts thereof in
which one or more persons are employed in the management, direction or conducting of a
business, or where professionally qualified persons and their staff serve clients or patients
who seek advice, consultation or treatment and may include the administrative offices of a
not for profit or charitable organization.
By-law Number 37-2006 (Consolidated April 1, 2017)
23
5.39
BUS DEPOT, means the use of land, building or structures for the transient housing and
parking of buses, and the boarding and de-boarding of passengers, and may include
accessory uses such as ticket offices, luggage checking, rest areas and similar uses.
5.40
CANOPY, means a roof that is free of enclosing walls over an entrance to a building,
structure or gasoline pump island/kiosk.
5.41
CAMPGROUND, means a public or privately operated facility offering overnight to
seasonal camping experiences from tent sites to serviced trailer sites for recreational
trailers, park model trailers and seasonal recreational travel trailers, including accessory
administrative offices, recreational trailer sales and services establishment, convenience
store, laundry facilities, sanitary facilities, recreational hall and associated recreational
uses, that cater to short-term guests, not to year round residents, whose accommodation
is a tent, tent trailer, park model trailer, recreational trailer, and/or a seasonal recreational
travel trailer or motor home as defined herein.
5.42
CARPORT, means a building or structure with a roof and not more than two walls, or a
roof supported by columns or piers, attached to a residential dwelling, which is used for
the temporary parking of passenger motor vehicles.
5.43
CATERER'S ESTABLISHMENT, means a building, structure or parts thereof in which
food products and beverages are prepared for consumption off the premises and are not
served to customers on the premises or for take out.
5.44
CELLAR, see STOREY.
5.45
CEMETERY, means land set aside to be used for the interment of human remains and
includes a columbarium, mausoleum or other structure intended for the interment of
human remains.
5.46
CHURCH, means a building or part thereof used for public worship and may include a
church hall, church auditorium, Sunday School, convent or parish hall or church day
nursery.
5.47
CLINIC, MEDICAL means a building or part thereof used by qualified physicians, dentists,
osteopaths, or other drugless practitioners, including their staff and patients, for the
purpose of consultation, diagnosis and office treatment. A medical clinic may include
accessory uses such as waiting and treatment rooms, laboratories, dispensaries and
administrative offices. A medical clinic does not include accommodation for overnight
patient care or operating room facilities.
5.48
CLINIC, VETERINARIAN, means a building, structure or parts thereof where one or more
registered veterinarian surgeons including associated staff provide examinations and
surgical or medical treatment to domestic pets, animals or livestock, and may include
treatment rooms, laboratories, dispensaries and associated office. Facilities for the
overnight care of animals undergoing treatment may be permitted indoors and is
considered incidental to the hospital use. A kennel is not permitted in association with a
Veterinarian Clinic.
By-law Number 37-2006 (Consolidated April 1, 2017)
24
5.49
CLUB, COMMERCIAL, means any club other than a "private club".
5.50
CLUB, PRIVATE, means a building or part of a building used as a meeting place for
members of a chartered organization, not operated for profit, and may include a lodge, a
service club, and a fraternal organization.
5.51
COMMERCIAL GREENHOUSE AND/OR NURSERY, means the use of land, buildings or
structures for the growing and/or storing of flowers, fruit trees, ornamental trees, vegetable
plants, shrubs, trees and similar vegetation for the purpose of transplanting, for use as
stock or grafting, and includes the retail sale or wholesale distribution of such items
directly from the premises/lot including the sale of associated items such as soil, mulch,
planting mediums, fertilizers and similar materials.
5.52
COMMERCIAL USE, means the use of land, building or structure for the purpose of
buying and selling commodities, and supplying of services as distinguished from
industrial uses as defined in this By-law.
5.53
COMMERCIAL SCHOOL OR STUDIO, means a building, structure, or parts thereof
where instruction is given for gain, but without limiting the generality of the foregoing,
includes a school of fine art, dance, music, business, trade, vehicle driving and martial
arts.
5.54
COMMUNITY CENTRE, means the use of land, buildings, or structures for community
activities of a social, cultural or recreational nature and operated on a non-profit basis by
the municipality, local board or agency thereof, but does not include any use specifically
defined in this By-law.
5.55
COMPANION ANIMAL OFFICE, means a building or part of a building wherein the
diagnosis or consultation of small domestic animals and pets by a register veterinarian is
conducted and may include treatment rooms, laboratories, dispensaries, offices and
facilities for a pet groomer but does not include facilities for the overnight care of animals
undergoing treatment, general anesthesia, surgery or x-ray facilities or guard dog training.
5.56
COMPUTER PROGRAMMING ESTABLISHMENT means a use, building or structure or
parts thereof where computer programs are designed and/or distributed and which may
also provide for the computer training for groups or individuals, and may include
accessory office uses.
5.57
CONSERVATION, means uses and use of land complementary to and compatible with
the wise management, stewardship, protection and preservation of the natural
environment, along with any of its significant biophysical features and ecological functions.
Conservation may include uses such as reforestation, forest management, fish and
wildlife management, erosion control and flood control.
5.58
CONSTRUCT, means to build, place, erect, reconstruct, relocate, or alter by means of an
addition, enlargement or extension, or structural change; and includes any preliminary
physical operation preparatory to such work including, but not limited to, excavating, filling,
grading or drainage; and any work which requires a building permit. Constructed and
construction have corresponding meanings.
By-law Number 37-2006 (Consolidated April 1, 2017)
25
5.59
CONTRACTOR'S YARD, means uses, buildings or structures or parts thereof used for
the storage of building and construction materials including the storage and maintenance
of heavy machinery or equipment such as cranes, ploughs, tractors and road making
equipment; and may include facilities for the administration or management of the
business, but does not include wholesale or retail sale of building or home improvement
supplies.
5.60
CONVENIENCE STORE, means an establishment where foodstuffs, tobacco, patent
medicines, periodical/newspapers, stationary, sundries, hardware and other similar items
of household convenience are kept for sale to the public.
5.61
COUNCIL, means the Council of the Corporation of the Municipality of West Grey.
5.62
COUNTY, means the Corporation of the County of Grey
5.63
COURT, when used to describe an architectural element, means an open and uncovered
space appurtenant to any building and bounded by at least two walls of the building or
buildings on the lot.
5.64
CRAWL SPACE, see STOREY.
5.65
CREMATORIUM, means a building structure or part thereof fitted with the appliances for
the purpose of cremating human remains, and includes everything incidental or ancillary
thereto.
5.66
CULTURAL ENTERTAINMENT FACILITY, means a building, structure or part thereof
designed or utilized for presentation to the public of live theater or dance performances,
musical concerts, cinemas, lectures, exhibits, various forms of art, exhibits of a cultural,
academic or scientific nature and are not characterized by any emphasis on specific
anatomical areas or sexual activities.
5.67
CUSTOM WORKSHOP, means a building, structure or part thereof, which is used by a
trade, craft or guild for the manufacture, of small quantities, of made-to-measure clothes
or articles and includes upholstering but does not include woodworking or furniture
manufacture, or any other factory or shop production otherwise defined in this By-law. For
the purposes of this By-law, a "custom workshop" is not a home occupation as defined by
this By-law.
5.68
DATA PROCESSING ESTABLISHMENT, means a use, building or structure or part
thereof used for the processing of facts or concepts either manually or by automated
means, and may include accessory office uses.
5.69
DAY LIGHTING (SIGHT) TRIANGLE, means an area on a corner lot, which is free of
buildings, structures, or other features, including natural features, which may obstruct the
vision of drivers and vehicles. Day lighting triangle is determined by measuring, from the
point of intersection of the street lines on a corner lot, the distance required by this By-law
along each such street line and joining such points with a straight line. The triangular
shaped land between the intersecting street lines and the straight line joining the points
the required distance along the street lines forms the Day Lighting Triangle.
By-law Number 37-2006 (Consolidated April 1, 2017)
26
5.70
DAY NURSERY, means a use, building or structure, or parts thereof duly licensed by the
Province of Ontario pursuant to The Day Nurseries Act, as amended. This definition does
not include private home day care as defined elsewhere in this By-law.
5.71
DECK, means a structure abutting or attached to a dwelling with no roof, canopy or walls
except for visual partitions and railings which are constructed on piers or a foundation
above finished grade for use as outdoor living space.
5.72
DRY CLEANING DEPOT, means a building or part thereof used for the purposes of
receiving and distributing articles or apparel to be dry-cleaned or otherwise treated
elsewhere.
5.73
DRY CLEANING/LAUNDRY PLANT, means a building or part thereof used for the
purpose of dry-cleaning, cleaning, dyeing, pressing or other similar treatment of articles or
apparel and may include a dry cleaning depot for receiving and distributing said articles.
5.74
DWELLING, see RESIDENTIAL DWELLING,
5.75
DWELLING UNIT, see RESIDENTIAL DWELLING UNIT,
5.76
EQUESTRIAN CENTRE, means the use of lands, buildings or structures for the boarding
of horses, the training of horses and riders, and the staging of equestrian events, but does
not include the racing of horses.
5.77
EQUIPMENT SALES, RENTAL AND LEASING OUTLET, means the use of land,
buildings or structures for the sales, rental or leasing of tools and equipment used in the
construction or repair of buildings and includes the storage of same on the property.
5.78
EROSION CONTROL, means land use practices or structures necessary for the reduction
or prevention of soil erosion.
5.79
EXISTING, shall mean "legally" existing on the date of the passing of this By-law.
5.80
FACTORY OUTLET, means a building or part thereof where products manufactured by a
permitted industrial use are kept for wholesale or retail sale.
5.81
FAIRGROUNDS, means the use of land, buildings or structures for the purpose of holding
agricultural fairs where farm produce is displayed for judging and sale, and includes
exhibit areas, livestock shows, horse shows and events, and where other sports events
may be held, and may include associated uses such as a midway or places of
amusement, bleachers, bandstand areas, and picnic areas. On occasion, fairgrounds
may be used for auctions, flea markets, concession stands, temporary overnight
accommodations and cultural events.
5.82
FARM, means a parcel of land, which the predominant activity is agricultural and includes
associated buildings and structures such as residential dwellings, livestock facilities, farm
implement structures, silo's, granaries and similar buildings and structures.
By-law Number 37-2006 (Consolidated April 1, 2017)
27
5.83
FARM BUILDING CLUSTER, means the close grouping of the main buildings and
structures on a farm contained within a limited area so that the remaining land is used for
agriculture. Buildings and structures within the cluster shall share a common driveway.
5.84
FARM IMPLEMENT SALES AND SERVICE, means the use of land, buildings or
structures for the sale, storage and repair of agricultural implements, equipment and
machinery that are directly associated with the operation of a farm and may include the
sale of accessory items.
5.85
FARMER'S MARKET, means the use of land, buildings, structures or parts thereof for the
purpose of selling seasonal fresh produce by independent vendors.
5.86
FINANCIAL OFFICE, means the premises of a bank, credit union, trust company, finance
company, loan or mortgage company, investment firm or financial consultants.
5.87
FINISHED GRADE, means the average elevation of the finished surface of the ground as
measured at ground level on any side of a building or structure.
5.88 FISH AND WILDLIFE MANAGEMENT, means the management of species native to the
immediate area. This may include stream enhancement, planting of browse or shelter
species, nesting boxes, nesting islands, ponds, dugouts and den trees.
5.89 FLEA MARKET, means an occasional or periodic sales activity where groups of individual
vendors offer goods, new and used, for sale to the public. This does not include private
garage sales.
5.90 FLOOD CONTROL, means land use practices or structures deemed necessary by the
Conservation Authority for the reduction or prevention of flooding.
5.91 FLOOD FRINGE, means that portion of the floodplain located between the floodway and
the limit of the Regional Storm Flood Event.
5.92 FLOODPLAIN, means an area of land, usually low lands, adjoining a watercourse that has
potential to be covered by floodwater during a Regional Storm Event.
5.93 FLOOD PROOFING, means a combination of structural changes and/or adjustments that
are incorporated into the basic design and construction or alteration of buildings, structures
or properties that are subject to flooding in order to reduce or eliminate possible flood
damages.
5.94 FLOODWAY means the channel of a watercourse and that area of the floodplain
required to pass deep, fast flowing flood waters such that it may pose a potential threat to
life and damage to property. The Conservation Authority will determine the limits of the
floodway.
5.95 FLOOR AREA, with reference to a building or structure, means the total floor area within a
building or structure, which area is measured between the exterior faces of the exterior
walls or from the centre line of a common or party wall, but excluding any private garage,
breezeway, porch, verandah, balcony, sun room, attic, basement or cellar.
By-law Number 37-2006 (Consolidated April 1, 2017)
28
5.96 FLOOR AREA, GROUND, means that area of a lot covered or intended to be covered by
the main building(s) on the lot, exclusive of porches, decks, accessory buildings, terraces,
steps, indoor parking areas and normal building projections.
5.97 FLOOR AREA, GROSS, in the case of a residential dwelling, means the total area of all
year-round habitable rooms located above finished grade and measured between the
exterior faces of the exterior walls, but does not include garages, breezeways, and
unenclosed porches, sunrooms and verandas. In the case of a building other than a
residential dwelling, means the aggregate of the area of all floors devoted to retail sales,
customer service and office use, industrial uses, recreational uses, institutional uses, as
measured from the exterior faces or the exterior walls but not including mezzanine areas,
mechanical rooms, common halls, stairwells, garbage and electrical rooms and parking
structures.
5.98 FLOOR AREA, RETAIL, means the floor area of a commercial building devoted to retail
purposes
5.99 FOREST MANAGEMENT, means the management of forest resources for the production
of a wide range of values including wood fibre production, erosion control, fish and wildlife
habitat, rare species habitat, passive recreation, visual amenity, and education and
research. This shall not include a permanent on-site sawmill.
5.100 FUNERAL HOME, means a building or part thereof used for the purpose of furnishing
funeral supplies and services to the public and includes facilities intended for the
preparation of the dead human body for internment or cremation, and may include a place
of worship.
5.101 GARAGE, PRIVATE, means an accessory building or that part of a main building used for
the temporary parking of a private motor vehicle(s) of the owner, tenant(s), occupant(s)
of the lot upon which such garage is located but does not include a carport.
5.102 GARAGE, PUBLIC, see Automotive Service Station
5.103 GARDEN CENTRE, means the use of land, buildings, structures, or parts thereof for the
purpose of buying or selling lawn and garden equipment, plants, furnishings and supplies.
5.104 GARDEN SUITE (i.e. Granny Flat), means a one-unit detached residential dwelling
containing bathroom and kitchen facilities that is accessory to an existing single
detached residential dwelling and is designed to be portable. A garden suite is
intended to serve the "temporary" needs of physically or mentally challenged adult,
children or elderly parents. As a condition of approval, an agreement with the municipality
may be required.
5.105 GAS BAR, means one or more fuel pump islands, each consisting of one or more fuel
pumps, which may include a canopy/kiosk and which may be used for the sale of
automotive fluids and small accessories for motor vehicles but shall not be used for
repairs, oil changes, or greasing.
By-law Number 37-2006 (Consolidated April 1, 2017)
29
5.106 GOLF COURSE, means the use of land, buildings and structures for the purpose of
playing golf and may include a clubhouse, pro shop, restaurant, driving range(s), putting
greens.
5.107 GOLF COURSE, MINATURE, means the use of land, buildings and structures as a
commercial place of amusement in which facilities are provided to simulate the game of
golf or any aspect of the game on a small scale, but does not include a golf course or
golf driving range.
5.108 GOLF DRIVING RANGE, means a public or private area operated for the purpose of
developing golfing techniques but does not include a golf course or miniature golf
course.
5.109 GREENHOUSE, means the use of land, buildings or structures for the growing of flowers,
plants, shrubs, trees and similar vegetation, which may be transplanted outdoors on the
same lot, and /or used as stocks for building or grafting.
5.110 GROUP HOME, means a residential dwelling for the physically or developmentally
challenged persons, children's residences, licensed or approved under provincial statues
and operated as a single housekeeping unit in which residents, excluding supervisory staff
or receiving family, live under responsible supervision consistent with the requirements of
its' residents.
5.111 HABITABLE ROOM, means a room, located within a residential dwelling unit, designed
for living, sleeping, eating or sanitary facilities and can be used at all times throughout the
year. A habitable room shall not be located within a cellar. A habitable room does not
include any room specifically defined herein as a non-habitable room.
5.112 HAZARDOUS SUBSTANCES, means any substance, which individually or in combination
with other substances are normally considered to pose a danger to public health, safety
and the environment and may include substances that are toxic, ignitable, corrosive,
reactive, radio-active or pathological.
5.113 HEAVY EQUIPMENT SALES AND RENTAL, means the use of land, buildings or
structures in which heavy machinery and equipment are offered or kept for sale, rent,
lease or hire directly from said lot.
5.114 HEIGHT or BUILDING HEIGHT, when used in reference to a building or structure, means
the vertical dimension of a building or structure measured from the centre front elevation
of the finished grade to, in the case of a flat roof, the highest point of the roof surface or
parapet wall, whichever is higher. A one-slope roof having a slope of less than 20 degrees
from the horizontal shall be considered a flat roof for the purposes of this By-law; in the
case of a mansard roof, the deck roof line; in the case of a gabled, hip, gambrel or other
type of pitched roof, the average height between the eaves and ridge; in the case of a
structure not having a roof, the top part of such structure; in the case of a structure having
a rounded roof, two-thirds (2/3) of the average height of the structure; where a
combustible exterior wall extends above the top of the roof of a building, the topmost part
of such exterior wall. A false boomtown front shall be considered as part of the roof for the
purpose of measuring height. Certain features are exempt from the building height, as
detailed in Section 6.4.
By-law Number 37-2006 (Consolidated April 1, 2017)
30
5.115 HOME FOR THE AGED, REST HOME, means a "home" as defined under The Homes for
the Aged and Rest Homes Act, as amended. The Act specifies that a "home for the aged"
is generally for persons over the age of 60 and that a "rest home" is generally for persons
over the age of 18. It does not include a "Nursing Home" as defined elsewhere in this By
law.
5.116 HOME OCCUPATION, means an occupation or business, which is conducted for gain or
profit as a secondary use within a permitted residential dwelling or residential dwelling
unit. A home occupation may include a profession or occupation such as an accountant,
architect, auditor, engineer, realtor, insurance agent, planner, lawyer, doctor, dentist; a
personal service such as a barber, hairdresser, beautician, seamstress, dressmaker,
photographer, pet groomer, caterer's establishment, and similar occupations or
businesses.
5.117 HOME INDUSTRY, means an occupation or business conducted for gain or profit as a
secondary use to the main permitted use.
5.118 HOSPITAL means a hospital as defined in The Private Hospitals Act, as amended from
time to time.
5.119 HOTEL, means a building, part of a building, or a group of buildings used for gain or profit
for the purposes of catering to the needs of the traveling public by supplying them with
sleeping accommodation, with or without meals, but without private cooking facilities with
a minimum of 6 guest rooms, and further provided that each guest room shall only be
entered from the interior of the building. Without limiting the generality thereof, a hotel
may include accessory uses such as dining, dancing, convention, parking and
recreational. A hotel does not include a boarding, lodging or rooming establishment,
bed and breakfast establishment or a motel or motor hotel.
5.120 INDUSTRY, DRY, means an industry, which by nature of its operation, process, or
fabrication of raw materials or services rendered does not require a significant water
supply and does not produce wastewater as part of the industrial process.
5.121 INDUSTRIAL MALL, means a building or a group of buildings designed, developed,
owned and managed as a unit in which separate spaces are leased or occupied by
permitted industrial uses. No more than 30 percent of the gross floor area of an industrial
mall shall be devoted to accessory office or related commercial uses.
5.122 INDUSTRIAL USE, means, without limiting the generality thereof, the manufacturing,
assembling, making, producing, preparing, inspecting, grading, ornamenting, finishing,
treating, cleaning, washing, altering, repairing, restoring, processing, polishing, refinishing,
packing, adapting for sale, warehousing, storing, breaking up or demolishing of goods,
substances, articles or things or any part or parts there of; or the production or storage of
building or construction equipment or materials.
5.123 INSTITUTIONAL USE, means the use of land, buildings or other structures operated by a
group, organization or society for the promotion of a public, social, scientific, educational
or similar purpose.
By-law Number 37-2006 (Consolidated April 1, 2017)
31
5.125 JUNK YARD, means any parcel of land, building or structure for which the principal or
accessory use is the abandonment, collection, demolition, dismantlement, keeping,
storage, salvage or sale of used, discarded, worn out or scrapped machinery, motor
vehicles, vehicle parts, scrap metal, chains, used pipes, waste paper, rags enamelware,
furniture, bottles, cans, rope, iron, copper or any other scrap or discarded materials.
5.126 LANDFILL, means the use of land, licensed by the Ministry of the Environment, upon,
into, or through which waste is deposited, processed, treated, and covered under
controlled conditions and includes land, which is being used for a leachate buffer area and
or gas buffer area.
5.127 LAND LEASE COMMUNITY HOME, means any residential dwelling that is a permanent
structure where the owner of the residential dwelling leases the land used or intended for
use as the site for the residential dwelling. Such dwelling may be modular, prefabricated
or traditionally constructed but does not include a mobile home.
5.128 LAND LEASE COMMUNITY HOME SITE, shall mean the area of land within a Land
Lease Community that is leased for the purposes of locating a land lease community
home.
5.129 LANDSCAPED AREA, means an open space area comprised of lawn, flowers, shrubs,
trees or other natural vegetation. This area may include space occupied by paths,
courtyards and patios, but shall not include loading spaces or parking areas, traffic
aisles, driveways, ramps, or outdoors storage areas.
5.130 LANE, means a walkway, emergency access or any other passageway or right-of-way,
other than a street, which is open from ground to sky and provides a secondary means of
access to abutting lots, and which is not intended for general traffic circulation, but is
dedicated to public use, or legally dedicated as a right-of-way for use in common by
adjacent land owners.
5.131 LAUNDROMAT, means a building or part thereof, where self-serve coin operated clothes
washing equipment are located and may contain one or more washers, dryers or other
incidental equipment.
5.132 LIBRARY, means a library, branch library or library distributing station that is approved
under The Public Libraries Act, as amended.
5.133 LINE OF OCCUPATION, means the established setback of buildings from a municipal
roadway.
5.134 LIVESTOCK, a type of domestic animal kept on a farm for use on the farm, for
propagation, for profit or for gain, and without limiting the generality thereof, may include
dairy, beef and veal cattle, horses, swine, sheep, goats, mink, rabbits, poultry and fowl.
5.135 LIVESTOCK FACILITIES, means barns, buildings or structures where animals or poultry
are housed and shall also include beef feedlots and the associated manure storage
facilities.
By-law Number 37-2006 (Consolidated April 1, 2017)
32
5.136 LIVESTOCK HOUSING CAPACITY means the total maximum number of livestock that
can be accommodated in a livestock facility at any one time.
5.137 LIVESTOCK UNIT, means the equivalent values for various types of animals and poultry
based upon manure production and production cycles.
5.138 LOADING SPACE, means an off-street space on the same lot with a building or on a lot
contiguous to a building or group of buildings, which is used, for the temporary parking of
a commercial vehicle while loading or unloading of merchandise or materials.
5.139 LOT, means a parcel or tract of land
a)
i)
Which is a whole lot as shown on a Registered Plan of Subdivision, but a
Registered Plan of Subdivision for the purposes of this paragraph does not
include a Registered Plan of Subdivision which has been deemed not to be
a Registered Plan of Subdivision under a by-law passed pursuant to The
Planning Act, as amended; or
ii)
Is a separate parcel of land without any abutting lands being owned by the
same owner or owners; or
iii)
The description of which is the same as in a deed which has been given
consent pursuant to The Planning Act, as amended; or
iv)
Is the whole remnant remaining to an owner or owners after a conveyance
made with consent to The Planning Act, as amended.
b)
For the purpose of this subsection, no parcel or tract of land ceases to be a lot by
reason only of the fact that a part or parts of it has or have been conveyed to or
acquired by the Municipality, the Municipality of West Grey, Her Majesty in the
Right of Ontario, Her Majesty in the Right of Canada, the County of Grey, the
Saugeen Valley Conservation Authority or Hydro One.
5.139.1 LOT AREA, means the horizontal area within the boundary lines of a lot.
5.139.2 LOT CORNER, means a lot situated at the intersection of and abutting
upon two or more streets; or abutting on two or more parts of the same
street, the sides of which street (in the case of a curved corner, the
tangents at the street extremities of the side lot lines) contain an interior
angle of less than one hundred and thirty-five degrees (135 degrees). In
the case of a curved corner, the corner of the lot shall be deemed to be the
point of the street line nearest the point of intersection of the said tangents.
(see illustrations)
5.139.3 LOT COVERAGE, means the percentage of the total lot area covered by
all building(s) and structure(s), including accessory buildings and
structure(s), which are located on or above ground level.
By-law Number 37-2006 (Consolidated April 1, 2017)
33
5.139.4LOT DEPTH, means the horizontal distance between the front and rear lot
lines.
a) When the front and rear lot lines are not parallel, depth is determined by
the length of a straight line joining the middle of the front lot line with the
middle of the rear lot line.
b) When there is no rear lot line, depth is determined by 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. (see illustrations)
5.139.5LOT FRONTAGE, means the horizontal distance between the side lot lines
measured along the front lot line, but where the front lot line is not a
straight line or where the side lot lines are not parallel, the lot frontage is to
be measured by a line 9.0 m (30.0 ft) back from and parallel to the chord of
the lot frontage, and for the purpose of this paragraph the chord of the lot
frontage is a straight line joining the two points where the side lot lines
intersect the front lot line.
5.139.6LOT THROUGH, means a lot line other than a corner lot having separate
frontages on two streets.
5.140 LOT LINE, means any line defining the boundary of a lot.
5.140.1LOT LINE, FRONT, means:
a)
The line that divides the lot from the street; or
b)
In the case of a Corner Lot, the shorter street line shall be deemed
to be the front lot line and the longer line shall be deemed to be the
exterior side lot line; or in the case of a Corner Lot with two equal lot
lines either street line may be designated as the Front Lot Line; or
c)
In the case of a Through Lot, the shorter street line shall be deemed
to be the front lot line and the longer line shall be deemed to be the
rear lot line; or in the case of a Through Lot with two equal lot lines
either street line may be designated as the Front Lot Line.
5.140.2LOT LINE, REAR, means the lot line farthest from and opposite to the front
lot line. Where a lot has less than four (4) lot lines, there shall be no rear lot
line.
5.140.3 LOT LINE, SIDE, means a lot line other than a front or a rear lot line
5.140.4LOT LINE, EXTERIOR SIDE, means a side lot line that is also a street line
5.140.5LOT LINE, INTERIOR SIDE, means any side lot line other than an exterior
side lot line.
By-law Number 37-2006 (Consolidated April 1, 2017)
34
5.141 MAIN BUILDING, means the building designed or used for the principal use on a lot.
5.142 MAIN USE, means uses, buildings, structures or parts thereof, which constitute the
principal use(s) of a lot and which is specifically listed as a permitted use by this By-law.
An accessory use or home occupation/ home industry shall not constitute the main use of
a lot.
5.143 MAIN WALL, means an exterior front, side, or rear wall of a building, and all structural
members essential to the support of a fully enclosed space or roof.
5.144 MAUSOLEUM, means a building or structure or part thereof, other than a columbarium,
used as a place of interment of human remains in sealed crypts or compartments.
5.145 MINI-STORAGE FACILITY, means a building containing separate, individual self-storage
units divided from floor to ceiling by a wall with an independent entrance from the exterior
of the building, designed to be rented or leased on a short-term basis to the general public
for private storage of personal goods, materials and equipment; but shall not include the
storage of hazardous chemicals, flammable substances or toxic materials.
5.146 MOBILE HOME, means any dwelling that is designed to be made mobile, and constructed
or manufactured to provide a permanent residence for one or more persons, but does not
include a recreational travel trailer or tent trailer or trailer otherwise designed.
5.147 MOBILE HOME PARK, means an area of land zoned, designed and intended to
accommodate mobile homes to be used as residential dwelling units together with
accessory uses such as offices, laundry facilities, storage areas, etc.
5.148 MOBILE HOME SITE, means a defined area of land within a Mobile Home Park intended
for the location of one mobile home for the exclusive use of the occupant.
5.149 MODULAR RESIDENTIAL DWELLING UNIT, means a residential dwelling unit designed
in one or more parts and is designed to be made mobile on a temporary basis, and
constructed or manufactured to provide a permanent residence, but does not include a
mobile home, recreational seasonal travel trailer or motor home as defined herein.
5.150 MOTEL/MOTOR HOTEL, means a building, part of a building or a group of buildings used
for the purpose of catering to the needs of the traveling public by providing sleeping
accommodation with or without supplying food or other refreshments for not less than 6
guest rooms which may contain private cooking facilities and further provided that each
guest room may be entered directly from the exterior of the building. A motel does not
include a boarding, lodging or rooming establishment, a bed and breakfast
establishment or a hotel.
5.151 MOTOR HOME, means any motor vehicle so constructed as to be self-contained, self-
propelled unit capable of being utilized for the temporary living, sleeping or eating
accommodation of persons and for the purposes of this By-law shall include a camper pick
up or camper van.
By-law Number 37-2006 (Consolidated April 1, 2017)
35
5.152 MOTOR VEHICLE, means an automobile, truck, motorcycle, or motorized snow or all-
terrain vehicle, but does not include the cars of electric or steam railways, or other vehicles
running only on rails, or on traction engine, self-propelling farm machinery or road building
machinery.
5.153 MUNICIPAL DRAIN, means a drainage works as defined by the Ontario Drainage Act, as
amended from time to time.
5.154 MUNICIPALITY, means the Municipality of West Grey
5.155 MUSEUM, means a building or parts thereof, used for the purpose of acquiring,
conserving, studying, interpreting, assembling and exhibiting to the public such things as
collections of paintings, works of art, artifacts of historical interest and significance;
mechanical, scientific and/or philosophical inventions, instruments, models, designs; and
together with any libraries, reading rooms, laboratories and offices.
5.156 NATURAL ENVIRONMENT, means land which is essentially "non-developable", due to
inherent environmental hazards such as wetlands, poor drainage, organic soils,
susceptibility to flooding and/or erosion, steep slopes and other physical conditions severe
enough to pose a risk of loss of life, property damage and social disruption if developed.
5.157 NEIGHBOURHOOD STORE, means a retail store, which provides convenience goods and
services to the immediate and surrounding neighbourhood.
5.158 NON-COMPLYING, means a use, building or structure, lawfully established prior to the
passage of this By-law and which is permitted by the zone in which such use, building or
structure is located; but which does not meet the specific zone regulations or any other
applicable regulation of this By-law.
5.159 NON-CONFORMING, means a use, building, or structure lawfully established prior to the
passage of this By-law, and which is not a permitted use of the specific zone(s) in which
such use, building, or structure is located.
5.160 NON-HABITABLE ROOM, means any room located within a dwelling unit that is not a
habitable room, including, but not so as to limit the generality of the foregoing, a laundry
room, a pantry, a lobby, a corridor, a stairway, a closet, a sunroom, a verandah, a
recreation room, a porch, a balcony, a private garage, an unfinished attic, a cellar,
crawlspace, a boiler room and any space used for the service and maintenance of such
dwelling or for vertical travel between storeys.
5.161 NURSING HOME, means a nursing home as defined under The Nursing Home Act, as
amended, and does not include a Home for the Aged, Rest Home as defined in this By
law.
5.162 OFFICIAL PLAN, means the County of Grey Official Plan, or the former Village of Neustadt
Official Plan, or the former Town of Durham Official Plan.
By-law Number 37-2006 (Consolidated April 1, 2017)
36
5.163 ONE IN ONE HUNDRED (1:100) YEAR FLOOD means a flood based upon an analysis of
precipitation, snow melt or a combination thereof, having a return period of 100 years on
average or having a one percent (1%) chance of occurring or being exceeded in any given
year. The Conservation Authority determines the elevation of the 1:100 year flood
5.164 PARK, means an open space area, which may include areas for baseball diamonds,
outdoor tennis courts, outdoor swimming pool, playground and similar uses, and storm
water management facilities, but shall not include a mobile home park or campground.
5.165 PARKING AISLE, means a portion of a parking area or parking lot which on one or more
sides abuts parking spaces and which provides access to and from a parking space, to
and from a street or lane and which is not used for the parking of motor vehicles.
5.166 PARKING AREA, means an area, whether or not within a building or structure, used for
the temporary parking of licensed motor vehicles and may include aisles, parking spaces,
and related entrances and exits but shall not include any part of a street or lane, or any
area wherein motor vehicles are kept or stored for sale or repair.
5.167 PARKING LOT, means a Parking Area forming the main use of a lot.
5.168 PARKING SPACE, means a space, which may be within a parking area or parking lot, and
which is provided and maintained for the temporary parking of motor vehicles.
5.169 PASSIVE RECREATION, means outdoor recreational activities that are non-intensive in
nature and are compatible with the surrounding natural environment. This may include
uses such as nature interpretation, hiking, cross county skiing, fishing and hunting.
5.170 PERSON, means an individual, association, firm, partnership, incorporated company,
corporation, agent or trustee, and the heirs, executor or other legal representative of a
person to whom the context applies according to law.
5.171 PERSONAL SERVICE SHOP, means a building or part of a building in which persons are
employed in providing services and otherwise administering to the individual and personal
needs of persons, and includes such establishments as barber shops, beauty parlours,
laundromats, hairdressing shops, shoe repair and shoe shine shops, and dry cleaning or
laundry depots.
5.172 PIT, means a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or
other material is being or has been removed by means of an open excavation to supply
material for construction, industrial or manufacturing, but does not include a wayside pit.
5.173 PIT, WAYSIDE, means a temporary pit opened and used by a public road authority solely
for the purpose of a particular project or contract or road construction and not located on
the road right-of-way.
5.174 PLACE OF ENTERTAINMENT, means a motion picture or other theatre, arena,
auditorium, public hall, billiard or pool room, bowling alley, ice or roller skating rink or other
similar forms of entertainment, which are contained within an enclosed building or
structure; does not include an adult entertainment in body rub parlour.
By-law Number 37-2006 (Consolidated April 1, 2017)
37
5.175 PLACE OF RECREATION, means the use of land for such uses as public or private parks,
playgrounds, playfields, racquetball club, tennis courts, lawn bowling greens, indoor and
outdoor skating rinks, curling facilities, hockey arenas, athletic fields, field houses,
recreational trails, snowmobile trails, picnic areas, swimming pools, wading pools, day
camps, skiing, fishing, hunting, and similar uses, together with necessary and accessory
buildings and structures, but does not include a track for the racing of animals, motor
vehicles, snowmobiles, all-terrain vehicles or motor cycles.
5.176 PLACE OF WORSHIP, (see "CHURCH")
5.177 PLANTING STRIP, means an area of landscaped open space located immediately
adjacent to a lot or portion thereof and on which is situated one or more of the following
screening devices: a continuous row of trees, a continuous row of evergreens or shrubs; a
berm.
5.178 POULTRY PROCESSING FACILITY, means the use of land, buildings or structures, or
parts thereof, wherein poultry - all domestic fowl including small game birds such as
Cornish hen and large birds such as EMU - are slaughtered, washed, cleaned, treated or
otherwise prepared, processed and packaged.
5.179 PREFABRICATED RESIDENTIAL DWELLING, means a building which is capable of
being occupied exclusively as a residential dwelling and which is comprised of components
that are manufactured off-site, transported to the building site and constructed on a lot. A
pre-fabricated residential dwelling is not designed nor intended to be made mobile and
does not include a modular residential dwelling unit, and mobile home or park model
trailer.
5.180 PRINT SHOP, means a retail store that provides duplicating services using photocopy,
blueprint and offset printing equipment, including collating of booklets and reports.
5.181 PRINTING ESTABLISHMENT, means an industrial facility used for blueprinting, engraving,
stereotyping, electro-typing, printing or typesetting and may include a duplicating shop or
letter-shop.
5.182 PRIVATE HOME DAY CARE, means the use of a building, structure or part thereof
operated for gain or profit by providing temporary care for children within a private
residence other than the home of a parent or guardian of any such child and does not
include a day nursery as defined elsewhere in this By-law.
5.183 PUBLIC, in this By-law, means a use, building or structure used and/or owned by a public
agency to provide a service to the general public.
5.184 PUBLIC AGENCY, means the Government of Canada, the Government of Ontario or any
municipal corporation; the County of Grey, any ministry, department, commission,
corporation, authority, board or other agency established from time to time by the
Government of Canada, the Government of Ontario or any municipal corporation; any
public utility; or any railway company authorized under The Railway Act, as amended, or
any successor thereto.
By-law Number 37-2006 (Consolidated April 1, 2017)
38
5.185 PUBLIC BUILDING, means any building, structure or part thereof, which is owned, leased,
or occupied by the Corporation of the Municipality of West Grey, the County of Grey, the
Province of Ontario or the Government of Canada.
5.186 PUBLIC UTILITY, means any agency, corporation, board, or commission providing
electricity, gas, water, telegraph, telephone or television service including a communica
tions tower, drainage, sewage or waste collection and disposal services to the public; or a
use pertaining to any such agency, corporation, board or commission.
5.187 PUBLIC WORKS YARD, means a municipal, county or provincial facility used for the
servicing of road construction and maintenance equipment, and storage of materials
including buildings or structures for such purposes.
5.188 QUARRY, means a place where consolidated rock has been or is being removed by
means of an open excavation to supply material for construction, industrial or
manufacturing purposes, but does not include a wayside quarry or open pit metal mine.
5.189 QUARRY, WAYSIDE, means a temporary quarry opened and used by a public road
authority solely for the purpose of a particular project or contract or road construction and
not located on the road right-of-way.
5.190 RECREATIONAL USE- ACTIVE, means a recreational use or activity with buildings or
requires alteration of soil or topography and includes such activities as golf courses,
playing fields, trailer parks, campgrounds and conservation areas involving built structures.
5.191 RECREATIONAL USE-PASSIVE, means an activity or use of land carried out for
recreational purposes which does not require the construction of buildings or the alteration
of soil or topography and includes open space and environmental areas.
5.192 REGIONAL FLOODPLAIN, means the area of land that would be inundated by floodwater
under a Regional Storm Flood Event.
5.193 REGIONAL STORM FLOOD EVENT, means a major storm of record used for flood
regulation purposes. The rainfall actually experienced during Hurricane Hazel as
transposed over the watershed and combined with local conditions is used by the
Conservation Authority to establish the Regional Floodplain.
5.194 REGULATORY FLOOD, means the approved standard(s) used in a particular watershed
to define the limit of the floodplain and level to be applied for flood proofing purposes.
5.195 RENTAL OUTLET, means a building or part thereof where residential, industrial and
commercial equipment is kept for rental to the public and may include such items as power
tools, appliances, office machines, recreation equipment, lawn and garden equipment and
tools, flooring cleaning equipment, masonry tools, painting and decorating equipment and
tools, moving equipment and tools, and similar items, but does not include a video rental
outlet or the rental of motor vehicles, trailers or industrial equipment.
By-law Number 37-2006 (Consolidated April 1, 2017)
39
5.196 RESERVE, for the purpose of this By-law, means a .3 m (1 ft) wide parcel of land held by
the Corporation of the Municipality of West Grey, County of Grey, or the Province of
Ontario as a means of restricting access to a public highway or street. Where such a
reserve is required, it shall be deemed not to eliminate the street line or front lot line of said
lot and therefore, not compromise the calculation of lot frontage.
5.197 RESIDENTIAL, means the use of land, buildings or structures for human habitation.
5.198 RESIDENTIAL DWELLING means a building or portion thereof designed, intended,
occupied or capable of being occupied as one or more Residential Dwelling Unit(s) and
may include a traditionally constructed or prefabricated home but does not include a
hotel, motel, institutional use, boarding, lodging or rooming house, bed and
breakfast establishment, mobile home, trailer, or a motor home as defined in this
By-law.
5.199 RESIDENTIAL DWELLING - ACCESSORY APARTMENT, means a residential dwelling
unit which is fully contained within a single-detached or semi-detached residential
dwelling.
5.200 RESIDENTIAL DWELLING - APARTMENT, means a residential dwelling that contains
five or more residential dwelling units, which have a common entrance from street level
and are served by a common corridor or hallway from inside.
5.201 RESIDENTIAL DWELLING - APARTMENT, SENIORS, means an apartment designed
for, intended for and occupied exclusively
by senior citizens.
5.202 RESIDENTIAL DWELLING - BACHELOR, means a residential dwelling unit with a bed
sitting room combination providing therein living, sleeping, eating, food preparation, and
separate sanitary facilities. Other essential facilities and services may be shared with
other residential dwelling units.
5.203 RESIDENTIAL DWELLING - CONVERTED, means a single-detached residential dwelling
existing at the time of passing of this By-law which, because of size or design, can be
converted by partition and the addition of sanitary and cooking facilities into more than one
residential dwelling unit on sanitary sewers.
5.204 RESIDENTIAL DWELLING - DUPLEX, means a two storey residential dwelling divided
horizontally into two residential dwelling units, each of which is completely on a separate
storey with an independent entrance either directly from the outside or through a common
vestibule.
5.205 RESIDENTIAL DWELLING - FOURPLEX, means a residential dwelling divided vertically
and/or horizontally to provide four residential dwelling units, each having independent
entrances either directly from the outside or through a common vestibule.
5.206 RESIDENTIAL DWELLING - LINK OR TWIN ATTACHED, means two single-detached
residential dwellings of similar size and style that are completely separate from the other
above finished grade, but are connected to each other below finished grade by common
footings.
By-law Number 37-2006 (Consolidated April 1, 2017)
40
5.207 RESIDENTIAL DWELLING - SEMI-DETACHED, means two single-detached residential
dwellings, divided in whole or part by a common vertical wall, each of which may be held
in separate ownership, and having independent entrance either directly from the outside
or through a common vestibule.
5.208 RESIDENTIAL DWELLING - SINGLE-DETACHED, means a residential dwelling
containing one residential dwelling unit situated on a separate lot, and is not attached by
any means to any other residential dwelling unit. For the purposes of this By-law, single-
detached shall not include a mobile home or modular residential dwelling unit, unless
otherwise specifically provided for in this By-law.
5.209 RESIDENTIAL DWELLING - SPLIT-LEVEL, means a residential dwelling unit in which the
first floor above the finished grade is so constructed as to create two or more different
levels, the vertical distance between such levels being always less than the full storey. For
the purpose of this By-law, split-level shall be considered as a one-storey residential
dwelling.
5.210 RESIDENTIAL DWELLING - TOWNHOUSE, means a residential dwelling divided
vertically to provide three or more residential dwelling units, each having independent
entrances to a front and rear yard immediately abutting the front and rear walls of each
dwelling unit
5.211 RESIDENTIAL DWELLING - TOWNHOUSE, CLUSTER - individual residential dwelling
units do not require frontage onto a street.
5.212 RESIDENTIAL DWELLING - TOWNHOUSE, STREET - each residential dwelling unit
shall have frontage directly onto a street.
5.213 RESIDENTIAL DWELLING - TRIPLEX, means a three storey residential dwelling divided
horizontally into three separate residential dwelling units each having independent
entrances either directly from the outside or through a common vestibule.
5.214 RESIDENTIAL DWELLING UNIT, means one or more habitable rooms designed,
intended, occupied or capable of being occupied as a permanent residence by one or more
individuals providing separate kitchen, sanitary facilities and sleeping accommodations and
having a private entrance either from outside the building or through a common hallway or
stairway inside the building.
5.215 RESIDENTIAL, NON-FARM, means a dwelling unit not located on the same lot as a farm.
5.216 RESTAURANT, means a building or part thereof, other than a tavern, where food or
refreshments are prepared and offered for retail sale to the public for immediate
consumption either on or off the premises and may include uses such as a bistro, coffee
shop, diary bar, deli, diner, ice cream parlour, snack bar, tea house, or refreshment stand.
Dining Restaurant, Drive-In Restaurant, Drive-Thru Restaurant and Take-Out
Restaurant are defined below for the purposes of calculating off-street parking
requirements as required by Section 6.27 of this By-law.
5.217 RESTAURANT- DINING, means a building or part thereof where food and drink is
prepared then sold to the public for immediate consumption within the dining room of such
establishment.
By-law Number 37-2006 (Consolidated April 1, 2017)
41
5.218 RESTAURANT - DRIVE-IN/DRIVE-THRU, means a building or part thereof where food
and drink are prepared then sold to the public for immediate consumption either within an
eating area inside or outside of the building or within the patron's own motor vehicle onsite,
or for elsewhere off the premises.
5.219 RESTAURANT - TAKE-OUT, means a building or part of a building where food and
beverages are prepared and sold to the public for consumption off the premises. The
consumption of food in the building or in the patron's motor vehicle on the premises is not
permitted.
5.220 RETAIL FOOD STORE, means a building, structure or part thereof in which foodstuff,
goods, wares, merchandise, substances are offered or kept for sale at retail, but does not
include any establishment otherwise defined or classified herein.
5.221 RETAIL STORE, means a building, structure, or part thereof in which goods, wares,
merchandise, substances, articles or things are offered or kept for retail sale directly to the
public, but does not include any establishment otherwise classified or defined herein.
5.222 SALVAGE OR WRECKING AND RECYCLING FACILITY, means the use of land,
buildings or structures for the wrecking, dismantling, storing and/or selling of used vehicles
and parts thereof, including tires and other goods, wares or materials.
5.223 SCHOOL, means an academic school authorized under The Education Act, as amended.
5.224 SEASONAL AGRICULTURAL PRODUCE STAND, means a structure that is accessory
to a farm and is used for the display and selling of fruit, vegetables, flowers or other farm
produce, which is grown on that same farming operation.
5.225 SEASONAL RECREATION SITE, means a numbered and specified designated area of
land to be used for the placement of one seasonal recreational travel trailer and other
accessory approved structures.
5.226 SECONDHAND STORE, means a building or part thereof, where used clothing, books,
household goods and similar articles are offered or kept for sale and may include an
antique or flea market or pawn shop but does mean a wrecking or salvage and
recycling yard. New products may be included as a portion of the merchandise being
offered for sale.
5.227 SEPTIC TANK SERVICE, means a business which provides septic tank pump out,
cleaning, or general maintenance of septic tank systems. In addition, this may include the
transporting and disposal of septage.
5.228 SERVICE INDUSTRY, means a business or trade, not otherwise defined or classified in
this By-law, which provides cleaning, maintenance, installation, renovation, or other similar
non-personal services to the public, and may include a printing establishment; plumbing,
welding, sheet metal, woodworking or machine shop; or vehicle inspection station.
By-law Number 37-2006 (Consolidated April 1, 2017)
42
5.229 SERVICE OR REPAIR SHOP, means a building or part thereof for the repair or service of
household articles including radio, television and electronic equipment, and small
household appliances, and may include small engine repair, but does not include an
industrial use or automotive body repair shop or automotive service station.
5.230 SEWAGE TREATMENT FACILITY, means a use, building, structure or parts thereof,
approved by the Ministry of the Environment for the treatment and disposal of domestic
and industrial waste, and storm water, and includes a system of underground
pipes/conduits, sewage pumping stations and wastewater lagoons.
5.231 SEWAGE TREATMENT SYSTEM, PRIVATE, means a facility designed to provide
sewage treatment on a lot normally comprised of, but not limited to, a septic tank and tile
weeping beds. A private sewage treatment system also includes any other means of
collecting and treating of sewage effluent, acceptable to Ministry standards and approved
by the municipality.
5.232 SHOPPING CENTRE, means a group of commercial uses, planned, developed, owned,
managed as a unit, with common off-street parking areas and other joint facilities all
provided on the same lot.
5.232.1 SHIPPING CONTAINER, means an article of transportation equipment, including one that
is carried on a chassis, that is strong enough to be suitable for repeated use and is
designed to facilitate the transportation of goods by one or more means of transportation
and includes, but is not limited to, intermodal freight containers (sea containers), body of
transport trailer or straight truck box, but does not include a motor vehicle.
5.233 SHOPPING MALL, means a shopping centre, which provides access for the public to
each individual commercial unit either from the outside through a common entrance(s)
and/or from the inside through a common covered aisle(s).
5.234 SIGN, means any device, lettering, figure, symbol, emblem or picture, which is affixed to
or represented directly or indirectly upon a use of land, building or structure, and which
directs attention to, identifies or advertises any object, product, place, activity, persons,
products, organizations, institutions or businesses in such as way as to be visible to the
public on any street, lane or thoroughfare.
5.235 STOREY, means a horizontal division of a building from a floor to the ceiling directly
above such floor, but does not include any mezzanine, gallery, balcony or other overhang,
the floor area of which does not exceed 40 percent of the least dimension of the room in
which the said overhang is located, and does not include a basement or cellar as defined
in this By-law.
a) ATTIC, means the space between the roof and the ceiling of the top storey; or
between a dwarf wall (i.e. a wall less than 2. 3 m (7.5 ft)) and a sloping roof of a
dwelling.
b) BASEMENT, means that portion of a building below the first storey, but having less
than one-half its clear height above the average finished grade; or has at least one
wall from the finished floor to finished ceiling exposed above the finished grade and
where a permanent point of access is provided in said wall.
By-law Number 37-2006 (Consolidated April 1, 2017)
43
c) CELLAR, means that portion of a basement which is more than 60 percent below
finished grade, measured from finished floor to finished ceiling.
d) CRAWL SPACE, means that portion of a basement which is less than 1.8 m (5.9 ft)
measured from finished floor to finished ceiling.
e) FIRST STOREY or GROUND FLOOR, means the storey having its floor level closest
to the finished grade and its ceiling at least two metres above finished grade.
f)
SECOND STOREY or SECOND FLOOR, means the storey directly above the first
storey.
5.236 STREET, means a highway: as defined under the Public Transportation and Highway
Improvement Act, 2001, and the Municipal Act, R.S.O. 1990, Chapter M.45; and which
has been assumed for public use and is maintained year-round by the municipality or any
other public authority.
5.237 STREET LINE, means the dividing line between a street and any lot.
5.238 STRUCTURE, means anything constructed either permanent or temporary, the use of
which requires location on or an attachment to something having location on the ground.
Manure storage/handling facilities and associated pits and lagoons are structures for the
purposes of this By-law. Fences, pavement, curbs, walkways, retaining wall or signs are
not considered structures for the purposes of this By-law.
5.239 SWIMMING POOL, means any body of water permanently located outdoors or indoors,
contained by artificial means and used and maintained for the purpose of swimming,
wading, diving or bathing.
5.240 TAVERN, means a "tavern" as defined by the Liquor Licence Act, as amended.
5.241 TERRACE, means an open, uncovered, level space at ground level that is either natural
or man-made.
5.242 TILLABLE HECTARES, means the total area of land including pasture that can be
worked or cultivated.
5.243 TRAILER CAMP OR PARK, means any land upon which two or more trailers are used or
intended to be used for human occupation on a temporary basis.
5.244 TRAILER, PARK MODEL, means a prefabricated residential dwelling unit designed and
constructed in accordance with CSA requirements which is towed on its own chassis and
its running gear may be removed. It is designed and equipped for year-round occupancy
containing suitable sanitary facilities including a flush toilet, shower or bathtub.
5.245 TRAILER, RECREATIONAL, means any portable structure or vehicle designed, intended
and used exclusively for the temporary or seasonal living, sleeping or eating
accommodation of persons therein, during travel, recreation and vacation and which is
either capable of being drawn by a motor vehicle or is self propelled, and may include
44
By-law Number 37-2006 (Consolidated April 1, 2017)
seasonal recreational travel trailers, tent trailers, camper vans, motor homes, camper
pick-up and similar transportable accommodation but not a mobile home or a park
model trailer.
5.246 TRAILER, SEASONAL RECREATIONAL TRAVEL, means a structure built on a single
chassis mounted on wheels designed to facilitate relocation from time to time and used
primarily as living quarters for seasonal camping and connected to utilities necessary for
operation or installed fixtures and appliances.
5.247 TRAILER, RECREATIONAL SALES AND SERVICE ESTABLISHMENT, means the use
of land, buildings or structures or parts thereof for the display and sale of recreational
trailers, seasonal recreational travel trailers, tent trailers, camper vans, camper pick-ups
and motor homes, and includes the servicing and repair of such trailers.
5.248 TRANSPORT ESTABLISHMENT, means the use of land, buildings, structures or parts
thereof, where commercially licensed trucks, transports and buses are rented, leased,
loaded or unloaded, serviced or repaired, kept for hire, stored or parked for dispatching as
common carriers or where goods are temporarily stored for further shipment.
5.249 U-BREW ESTABLISHMENT, means a building or part thereof used for the sale of
ingredients and /or kits for beer, cider and wine making and includes the brewing and
bottling of the same by the public on the premises.
5.250 USE, means the purpose for which a lot, building or structure, or any combination thereof,
is designed, arranged, intended, occupied, or maintained and "uses" shall have a
corresponding meaning. "Use" when used as a verb, or "to use", shall have a
corresponding meaning.
5.251 WAREHOUSE, means a building or part thereof used for packaging, storage and
distribution of goods, wares, merchandise, foodstuff, substances or articles and may
include wholesale outlet but does not include a mini-warehouse establishment or
transport establishment.
5.252 WATERCOURSE, means the natural or altered channel for a stream or water body and
for the purpose of this By-law, includes the channel for intermittent streams. Isolated farm
or recreational ponds, without an inlet or outlet stream, are excluded from this definition
5.253 WATER TREATMENT FACILITY, means a building or structure approved by the Ministry
of the Environment, where water is treated for human consumption and use, and includes
a water pumping station
5.254 WHOLESALE OUTLET, means a building, structure or part thereof used for the storage,
distribution and sale of goods, wares, articles or merchandise to other wholesalers,
retailers, industrial, institutional or professional users or to the consumer.
5.255 YARD, means a space appurtenant/adjacent to a building, structure or excavation, located
on the same lot as the building, structure or excavation, and which space is open,
uncovered and unoccupied from the ground to the sky except for such accessory
buildings, structures, or uses or yard encroachments as are specifically permitted
elsewhere in this By-law.
45
By-law Number 37-2006 (Consolidated April 1, 2017)
5.255.1 FRONT, means a yard extending from side lot line to side lot line between the
front lot line of the lot and to the nearest main wall of any building or structure
(existing or proposed) on the lot.
5.255.2 REAR, means a yard extending from side lot line to side lot line between the rear
lot line (or apex of the side lot lines) to the nearest main wall of any building or
structure (existing or proposed) on the lot.
5.255.3 REQUIRED, means a yard having the minimum building setback as required by
the zone provisions of this By-law. A required side yard shall extend from the
required front yard to the required rear yard.
5.255.4 SIDE, means 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
(existing or proposed) on the lot.
i)
EXTERIOR, means a side yard immediately adjoining a street.
ii)
INTERIOR, means a side yard other than an exterior side yard.
5.256 ZONE, means an area delineated on the Zoning Maps included in this By-law designated
for a specific use and regulated by the specific zone provisions of this By-law.
5.257 ZONING ADMINISTRATOR, means the officer(s) or employee(s) of the municipality
charged with the duty of administering and enforcing this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
46
SECTION 6 - GENERAL PROVISIONS
The provisions of this Section shall apply to all zones except as otherwise indicated in
this By-law.
6.1
ACCESSORY USES AND STRUCTURES
6.1.1 USE
Where this By-law provides that land may be used, or a building or structure may
be erected or used, for a purpose, that purpose may include any accessory
building or structure or accessory use, but shall not permit
i)
A home occupation, unless permitted by this By-law;
ii)
Any building or structure used for human habitation, except where
specifically permitted by this By-law;
iii)
The open storage of goods or materials, except where specifically
permitted by this By-law;
iv)
Any occupation for gain or profit conducted within a residential zone,
except as permitted by this By-law.
6.1.2
LOCATION
a)
Any accessory building or structure excluding a private sewage treatment
system which is not an integral part of the main building shall not be
located in a required front yard and shall comply with all other yard
requirements of the zone in which such building or structure is situated.
b)
On any lot zoned A1, A2 or A3 comprising 2 hectares (5 acres) or less, or
on any lot zoned R1A, R1B, R2, R3 or ER, all accessory buildings and
structures shall be located in a rear yard or interior side yard provided it is
not closer than 1 meter (m) (3.3 feet (ft) to the interior lot line or the rear lot
line and not closer than 7.6 m (25 ft) to the exterior side lot line.
c)
Notwithstanding Section 6.1.2(a), on any lot zoned A1, A2 or A3 zone, or
on any lot zoned R1A, R1B, R2, R3 or ER, comprising of 1 hectare (2.5
acres) or greater and having a lot frontage of 60 metres (196 feet) or
greater, an accessory use or structure may be permitted in the front yard
provided the structure maintains the minimum front yard requirement for
the principal building.
d)
Where an accessory building or structure is on a corner lot, it shall be sub
ject to the regulations specified in Section 6.7 and Section 6.36 (e) of this
By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
47
6.1.3
HEIGHT
In any residential zone and in the C1- Central Commercial Zone, the height of an
accessory use building and structure shall not exceed 5 m (16.5 ft). In all other
zones the maximum height for an accessory use is the same as the main building.
6.1.4 LOT COVERAGE
i)
The percentage for accessory building lot coverage shall be included in
and contribute to the maximum lot coverage permitted in the individual
zone regulations.
ii)
Notwithstanding the above, the maximum floor area for an accessory
building or structure shall not exceed 92.9 square metres (1,000 square
feet) on any property zoned A1, A2 or A3 comprising 0.8 hectares (2
acres) or less, or on any lot zoned R1A, R1B, R2, R3 or ER.
iii)
The total lot coverage of all accessory buildings and structures combined
on a lot shall not exceed 10% of the lot area.
ii)
The area of an open swimming pool or deck shall not be calculated in
determining lot coverage.
6.1.5 ESTABLISHMENT OF AN ACCESSORY BUILDING OR USE
a)
No accessory building or accessory use shall be established on any lot or
site until the main building has commenced construction except as
permitted by the "Temporary Use" regulations set out in Section 6.32 of this
By-law, and as set out below.
b)
Notwithstanding Section 6.1.5 a), a tool shed, scaffold or other building or
structure incidental to construction on the lot where the construction is
permitted, but only for so long as it is necessary for the work in progress
and until the work is completed or abandoned. "Abandoned" shall mean the
failure to proceed with construction within the time period required by the
building permit.
6.1.6 OPEN SWIMMING POOLS
Notwithstanding anything contained in this By-law to the contrary, a swimming pool
is a permitted accessory use within any zone, except in the Floodway or Natural
Environment Zones, subject to the following regulations:
a)
May be located in the side yard, but not closer to any lot line than the
minimum distance required for the main building on such lot;
b)
May be located in the rear yard, but not closer to any lot line than the
minimum distance required for an accessory building located on such lot;
c)
Facilities for changing clothing, pumping, filtering or similar accessory use
shall be in accordance with the regulations applicable to accessory
buildings on such lot.
By-law Number 37-2006 (Consolidated April 1, 2017)
48
Explanatory Note (Not Part of the By-law): The Municipality of West Grey has a
separate by-law relating to swimming pools. You are encouraged to contact the
Clerk or Chief Building Official to review this regulation.
6.2
BED AND BREAKFAST ESTABLISHMENT (B&B)
Within those zones where bed & breakfast establishments are permitted, such uses shall
be permitted in accordance with the provisions for such zones and shall also comply with
the following regulations:
a)
No more than 2 guest rooms shall be provided within Class 1 B&B and no more
than 5 guest rooms shall be provided in a Class 2 B&B.
b)
Any exterior stairways required for a B&B shall be located in a side or rear yard;
and
c)
All new B&B establishments shall comply with the requirements of this Zoning By
law, including the regulations of Section 6.29, other local by-laws, and any
applicable provincial regulations such as the Ontario Building Code and Fire Code,
as amended.
d)
One parking space per guest room shall be provided.
6.3
BUFFER AREA
Where a lot is within a Commercial or Industrial zone and the interior side and/or rear lot
line, or portion thereof abuts a Residential or Institutional Zone, then a buffer area shall be
provided on the commercial or industrial lot, in accordance with the following provisions. It
shall:
a)
Have a minimum width throughout of not less than 1.5 m (5 ft) and shall be in
addition to any other yard requirement.
b)
Consist of a planting strip maintained at an ultimate height of not less than 1.8 m
(5.9 ft) immediately adjacent to the lot line or portion thereof along which the Buffer
Area is required other than along a street line.
c)
Be kept free of all parking, buildings or structures except for a legal boundary
partition and used only for the placement of trees, shrubs, similar vegetation,
fencing and landscaping features.
d)
Be landscaped and maintained by the owner of land on which such buffer area is
required.
e)
Notwithstanding the above and subject to site plan approval, a solid fence, wall, or
other landscaping feature of equivalent height may be considered in place of a
continuous planting area. When considering such an alternative buffer, regard
shall be given to the location, height, materials, finishing and porosity of the wall or
fence, as well as the site's characteristics.
By-law Number 37-2006 (Consolidated April 1, 2017)
49
6.4
BUILDING HEIGHT EXCEPTIONS
The maximum height regulations of this By-law shall not apply to prevent the construction
and/or use of an ornamental dome, church spire, a belfry, cupola, steeple, a flag pole, a
clock tower, a chimney, storage silos, barn, grain elevator, a water storage tank, an air
conditioner duct, an elevator penthouse, a solar collector, or an electric or communication
tower, antenna, ventilator, windmill or similar device.
6.5
COMMERCIAL KENNELS AND PET BOARDING ESTABLISHMENTS
No land, building or structure shall be used for the commercial breeding, raising, keeping
or boarding of animals or household pets, unless the land, building and structure is in
compliance with all approved kennel, dog or animal control by-laws of the municipality in
effect from time to time.
6.6
COMMON AMENITY AREA
Where this By-law requires the establishment of a common amenity area, such an area
shall be provided within the boundaries of the development and in accordance with the
following provisions:
a)
An amenity area is an area comprised of common outdoor space designed for
active or passive recreational use and may include patios, swimming pools, play
areas and open landscaped areas;
b)
The minimum amenity area required shall be an aggregated amount not less than
9.3 m2 (100 ft2)) per dwelling unit for each unit up to 10. For each additional unit,
not less than 4.6 m2 (49.5 ft2) of amenity area shall also be provided;
c)
Amenity areas shall be designed and located so that the length does not exceed
four (4) times the width;
d)
Amenity areas shall have direct access to/from the residential use; and
e)
Amenity areas may be located within any yard other than a required front yard.
6.7
DAY LIGHTING (SIGHT) TRIANGLE
a)
On a corner lot, the triangular space formed by the street lines and a line drawn
from a point on one street line to a point on the other street line is determined by a
point measuring 9 m (29.5 ft) along the street line from the point of intersection of
the said street lines.
b)
Where the two street lines do not intersect at a point, the point of intersection of the
street lines shall be deemed to be the intersection of the projection of the street
lines or the tangents to the street lines.
c)
The provisions of this section shall also apply to land which abuts one or more
unopened streets.
By-law Number 37-2006 (Consolidated April 1, 2017)
50
d)
Within any sight-line triangle, the following uses shall be prohibited:
i)
A building or structure;
ii)
A fence, wall, hedge, bush or any other obstruction that impedes vision
above a height of .8 m (2.6 ft) above the centerline grade of the street or
streets abutting a sight-line triangle.
ii)
Any portion of a loading or parking space.
e)
The provisions of this Section shall not apply to land zoned Central C1
Commercial.
6.8
DEVELOPMENT ON FULL SERVICES-DURHAM AND NEUSTADT
New development of any kind within the urban areas of Durham or Neustadt, shall not be
permitted within any zone, unless serviced by municipal sewage collection facilities and
municipal water supply, except that this provision shall not apply to any public use or utility
which by its nature does not require such services.
6.8.1 DEVELOPMENT ON PRIVATE SERVICES
New development outside of the urban areas of Durham and Neustadt may occur
on the basis of private water supply and private sewage treatment supply. Such
new development shall require obtaining the necessary permits and approvals for
the proposed private services.
6.9
EXTERNAL LIGHTING
Lighting fixtures providing exterior illumination shall be so arranged as to direct light to the
building face, parking area or vicinity of site. Such fixtures shall not cast glare onto
adjacent properties nor onto nearby streets.
6.10 FRONTAGE ON PUBLIC STREET
No person shall erect any building or structure, or use any lot in a Zone, unless the lot
upon which such building or structure is to be erected, fronts upon and has direct access
to an improved public street opened and maintained on a year round basis. The above
provision shall not apply to restrict the erection of any building on a lot in a registered plan
of subdivision where a subdivision agreement has been entered into but the street will not
be assumed until the end of the maintenance period.
6.11 GARBAGE STORAGE AREAS
Where this By-law requires a garbage storage area, such an area shall be provided in
accordance with the following provisions:
a)
No garbage or refuse shall be stored on any lot in any zone except within
i)
The main building or
ii)
Any accessory building or structure on such lot or
By-law Number 37-2006 (Consolidated April 1, 2017)
51
iii)
In a container in the side yard or rear yard of such lot and side or rear yard
requirement of applicable zone shall apply.
b)
All garbage or refuse storage areas, including any garbage loading or unloading
areas, which are visible from an adjoining site in a residential, commercial, institu
tional or open space zone, or from a public street, shall have a visual screen
consisting of a fence that is a minimum of 2 m (6.6 ft) in height;
6.12 GARDEN SUITES
A garden suite may be permitted within the appropriate zones where single family
detached residential dwelling units are permitted and pursuant to Section 39 of the
Planning Act (Temporary Use Regulation), and shall be subject to the following
regulations:
a)
Only one garden suite may be established per lot on which a single-detached
residential dwelling unit exists. Where a lot already contains a singled detached
residential dwelling unit and an accessory apartment as defined in the By-law, a
garden suite shall not be permitted;
b)
Garden suites in a Residential Zone shall be located in either a side yard or rear yard,
and located behind or even with the front wall of the single-detached residential
dwelling unit. A minimum interior side and rear yard of 1.5 m (5 ft), and a minimum
exterior side yard of 7.6 m (25 ft) is required;
c)
Driveway access to both the main residence and the garden suite shall be limited to
one so that no new entrance from the street shall be created;
d)
The maximum floor area of a garden suite shall be 92.9 m2 (1000 ft2);
e)
The maximum height of a garden suite shall be one storey or 4.5 m (14.76 ft)
whichever is less;
f)
No garden suite shall be located closer than 3 m (9.8 ft) to the main residence on the
lot;
g)
All garden suites shall be constructed upon suitable foundation, caissons or piers;
h)
All garden suites in urban areas of Durham and Neustadt shall be connected to
municipal water and sewage disposal systems;
i)
Notwithstanding the above, garden suites may be permitted with individual
private servicing in the appropriate zone subject to the minimum lot area
requirements of the specific zone and the approval of the municipality for the
proposed servicing;
j)
All garden suites shall be of a portable, pre-fabricated or modular nature and shall not
include a mobile home;
By-law Number 37-2006 (Consolidated April 1, 2017)
52
k)
Notwithstanding item j, mobile homes may be used as garden suites only in the (A1),
(A2) or (A3) zones, subject to the requirements of this By-law as applicable;
l)
Pursuant to Section 39 of the Planning Act, Council may require a development
agreement with the owner of the Garden Suite to deal with, among other things, the
installation, maintenance and removal of the unit, the period of occupancy, the
deposit of a performance bond or security, and rehabilitation of the site to its pre
garden suite condition.
6.13 GROUP HOMES
6.13.1 PERMITTED GROUP HOMES
Group homes, as defined by this By-law and as specifically mentioned below, are
considered appropriate residential uses and are permitted within some residential
areas without rezoning:
Homes for the physically and mentally challenged
Children's residences (not including Young Offenders)
Seniors
All other group homes, including those associated with provincial correctional
facilities or federal penitentiaries, such as Halfway Houses for Ex-offenders or
Community Resource Centres, are not permitted within any residential zone, and
may only be established by an amendment to this By-law.
6.13.2 GROUP HOME REGULATIONS
No land, building or structure shall be used and no building or structure shall be
constructed, altered, enlarged or maintained for the purposes of a group home,
unless in accordance with the regulations specified in that zone for the type of
residential building in which the group home is to be established and in
accordance with the following regulations:
a)
A group home shall be separated by a minimum linear distance of 300 m
(984.3 ft) from another group home. This distance shall be measured at the
closest points on the property lines of the two lots;
b) A group home shall provide a minimum of 1 parking space for every 2 beds or
fraction thereof;
1.
A group home shall have a minimum gross floor area of 18 m2 (193.8
ft2) for each resident 16 years of age or older, and 9 m2 (97 ft2) for each
resident who is less than 16 years of age. For the purposes of this
section, a group home resident includes staff and/or receiving family;
2.
A group home shall provide a minimum common amenity area of 12 m2
(129.2 ft2) for each resident. For the purposes of this section, a group
home resident includes staff and/or receiving family; and
3.
Each group home shall be subject to all applicable Provincial and
Municipal requirements.
53
By-law Number 37-2006 (Consolidated April 1, 2017)
6.14
HOME INDUSTRY REGULATIONS
Home industries, where listed as a permitted use, are subject to the following regulations:
a)
It is secondary to the main permitted use on the lot and does not create a traffic
hazard or nuisance;
b)
It may include such uses as a carpentry shop, a welding shop, a machine shop,
custom workshop, furniture fabrication, assembly, and repair; a tool and repair
shop, and a small engine repair shop but shall not include autobody repairs or
automobile sales, service and repair; automotive washing establishment, the sale
of gas, or a wrecking yard;
c)
The retail sale of any goods or items constructed, assembled, produced, created
and finished within the home industry shall be permitted. The retail sale of all other
goods shall be limited to 20% of the total floor area occupied by the home industry;
d)
The floor area of a home industry shall be limited as follows:
(i)
The home industry shall not occupy more than 92.9 square metres (1,000
square feet) of floor area on any property zoned A1, A2 or A3 comprising
0.8 hectares (2 acres) or less;
(ii)
The home industry shall not occupy more than 233 square metres (2,500
square feet) of the building in all other instances;
(iii)
In no instance shall the home industry be permitted in more than one
accessory building.
e)
No more than one home industry shall be permitted on a property.
f)
No building or structure used for a home industry shall be located within 15.24
metres (50 feet) of a lot line, nor within 91.44 metres (300 feet) of a lot line of a
vacant lot comprising less than 4.1 hectares (10), nor within 91.44 metres (300
feet) of a residence on a separate lot;
g)
Outside storage of materials, containers, or finished products shall be to the rear of
the main building and barred from view;
h)
At no time may any home industry employ on-site more than a maximum of two
employees who do not reside on the lot on which such home industry is conducted;
and,
i)
There shall be no advertising other than a non-illuminating sign which has a
maximum size of 1.487 square metres (16 square feet).
6.15 HOME OCCUPATIONS
Home Occupations, where a permitted use within a zone, are subject to the following
regulations:
By-law Number 37-2006 (Consolidated April 1, 2017)
54
a)
A home occupation shall be clearly incidental and secondary to the main
residential use to which it is accessory. No exterior alterations of the dwelling unit
shall be permitted in connection with such occupation which will change the
character of the residential building or premises.
b)
The use of the premises in connection with such home occupation shall in no way
be offensive, obnoxious or dangerous to the neighbours or the area by reason of:
the emission of light, heat, fumes, noise, vibration, gas, dust, smoke, fire, odour, air
or water borne waste or pollution; interference with radio or television; or, the
significant increase in vehicle traffic due to frequency of deliveries by commercial
carriers or patron parking.
c)
There shall be no machinery or mechanical equipment of any kind used on the
premises in connection with such home occupation, except what is customarily
used for household, office purposes or occupations listed under Subsection 5.117.
d)
A home occupation shall be for the exclusive use of the householder and one
additional employee.
e)
No more than twenty-five percent (25%) of the ground floor or basement area of a
residence may be used for the home occupation.
f)
In Residential Zones, there shall be no advertising other than a plate or sign which
have a maximum size .2 m2 (2 ft2) and which is attached flat to the residential
dwelling.
g)
In Rural (A1 and A2) Zones and Estate Residential (ER) Zones, there shall be no
advertising other than a non-illuminating sign which has a maximum size of one
(1) m2 (10.8 ft2).
h)
There shall be no external storage or display of goods, materials, wares or
merchandise visible from the street.
i)
There shall be no retail sale of any goods or items other than those constructed,
assembled, produced, created and finished in conjunction with the home
occupation.
6.16 LOADING REGULATIONS
Where required by this By-law, the owner or occupant of any lot, building or structure used
or constructed for any purpose involving the receiving, shipping, loading and unloading of
goods, wares, merchandise or raw materials, shall provide and maintain on the same lot
as occupied, not on a street or lane, and within the zone in which such use is located,
space for the standing, loading or unloading of vehicles in accordance with the following
regulations:
a)
A loading space shall be 15.2 m (50 ft) long, 3.6 m (11.8 ft) wide and have a
minimum vertical clearance of 4.3 m (14.1ft).
By-law Number 37-2006 (Consolidated April 1, 2017)
55
b)
All loading spaces shall be so arranged as to avoid interference with the movement
of traffic on public streets. No loading spaces shall be situated upon any street,
lane or required parking space.
c)
All loading spaces and driveways providing access thereto, shall be constructed of
a stable surface and treated to prevent erosion and the escape of dust and loose
particles. Surface cover may consist of asphalt, approved granular material,
paving brick, concrete or similar hard-surfaced materials.
d)
All loading spaces and driveways, shall be graded and drained so as to prevent
the pooling of surface water on them or the flow of surface water onto adjacent
lots.
e)
Each loading space shall be provided with one or more unobstructed driveways of
not less than 6 m in width. Such driveway shall be contained within the lot on
which the spaces are located and are accessible from a street or lane. No part of
such driveway shall be used for the parking or temporary storage of commercial or
motor vehicles.
f)
Off-street loading space(s) shall be provided and maintained in accordance with
the following schedule:
INDUSTRIAL ZONES
MINIMUM SPACES REQUIRED
2
0 to 464.5 m (5,000 ft2 )
0 space
2
464.5 m (5,000 ft2)
2
to 2,322.5 m (25,000 ft2 )
1 space
2
2,322.5 m (25,000 ft2 )
2
to 10,000 m ( 107,643 ft2 )
2 spaces
2
Each additional 10,000 m
(107,643 ft2 ) or portion thereof
2
in excess of 10,000 m (107,643 ft2 )
1 additional space
COMMERCIAL ZONES
MINIMUM SPACES REQUIRED
2
0 to 185.8 m (2,000 ft2 )
0 space
2 (2,000 ft2)
185.8 m
2
to 929 m (10,000 ft2 )
1 space
2
929 m (10,000 ft2)
2 spaces
2
Each additional 929 m ( 10,000 ft2 )
or portion thereof
1 additional space
By-law Number 37-2006 (Consolidated April 1, 2017)
56
g) Notwithstanding the loading space regulations herein, any use, building or structure
that was lawfully established prior to the passing of this By-law, shall not be subject to
the above provisions so long as the floor area as existing at such date is not
increased. Any subsequent alteration to the building or structure, which increases the
floor area, shall necessitate the number of loading spaces that is required for such
addition or change in use.
h) Unless otherwise provided in this By-law, the Loading Regulations of this Section do
not apply to land within the General Commercial (C1) ZONE.
6.17 MINIMUM DISTANCE SEPARATION - MDS I AND II
6.17.1 MDS I - NEW NON-FARM USES
Notwithstanding any other yard or setback provisions of this By-law to the contrary,
no residential, institutional, commercial, industrial or recreational use, located on a
separate lot and permitted within the appropriate Zones, shall be erected or
altered unless it complies with the Minimum Distance Separation (MDS I), as
amended, calculated using the Formulas set out in the Appendices to this By-law.
This notwithstanding, the above requirement shall not apply in situations where a
Building Permit is being sought for a building or structure proposed to be erected
on a lot existing as of the date of the passing of this By-law.
6.17.2 MDS II - NEW OR EXPANDING LIVESTOCK FACILITIES AND MANURE
STORAGE FACILITIES
Notwithstanding any other yard or setback provisions of this By-law to the contrary,
no livestock facility or manure storage facility shall be erected or expanded unless
it complies with the Minimum Distance Separation (MDS II), as amended,
calculated using the Formulas set out in the Appendices to this By-law.
6.18 MOBILE HOMES
The use of a mobile home for the purposes of residential, business, industrial or
institutional, either temporarily or permanently, is prohibited within the municipality unless
"mobile home" is listed as a permitted use within a particular zone of this By-law. The
following regulations will then apply to the construction of a mobile home.
a)
The construction of all mobile homes shall meet the Ontario Building Code
requirements and the standards of the Canadian Standards Association;
b)
Shall be connected to an adequate private sewage treatment system and to an
adequate potable water supply; and
c)
Meet all other regulations of the zone within which the mobile home is permitted.
6.19 MORE THAN ONE USE PERMITTED
In some instances, only one use may be permitted in a zone, and/or the building size
maximums may restrict the number of uses. However, where more than one use is
permitted on a parcel of land, buildings and structures may be constructed and used
thereon provided the zone requirements are satisfied for each use.
By-law Number 37-2006 (Consolidated April 1, 2017)
57
6.20 NATURAL ENVIRONMENT AND MUNICIPAL DRAIN SETBACKS
6.20.1 NATURAL ENVIRONMENT ZONE SETBACKS
a)
No building or structure, including a private sewage treatment system and
any associated tile weeping bed, shall be constructed closer than a setback
distance approved by the Conservation Authority from the limit of a Natural
Environment NE zone.
b)
Notwithstanding the required setbacks in subsection (a) above:
i) Accessory buildings/structures to existing residential dwellings,
enlargements of existing buildings/structures and reconstruction of
existing buildings/structures including improvements to manure storage
systems associated with an existing livestock facility but not a hobby
barn are permitted, provided that a setback of 3 m (9.8 ft) from the NE
zone boundary is maintained.
ii) Where a vacant building lot was existing on the date of passage of this
By-law, a building permit may be issued for permitted buildings or
structures provided:
-
That there is no other suitable location on the lot outside of the
determined setback in (a) above, and
-
That a setback of at least 3 m (9.8 ft) from the NE zone boundary
is maintained.
c)
Interpretation of the limits of the NE zone boundaries is governed by
regulations contained in Section 2.6 of this By-law. The location of the NE
"setback" boundaries shall be adjusted accordingly in the event that the NE
"zone" boundary is re-interpreted.
6.20.2 NATURAL ENVIRONMENT ZONE AND LOT AREA CALCULATION
Where any lot is zoned in part in a Natural Environment (NE) zone, no person shall
erect any buildings or structures within the area zoned Natural Environment (NE)
zone except as otherwise permitted in the Natural Environment (NE) zone. Lands
zoned Natural Environment (NE) shall not be used in the calculation of the lot area,
but may be used for lot frontage, required yard, and lot coverage as is required for
the development occurring on that portion of a lot not zoned Natural Environment
(NE).
6.20.3 MUNICIPAL DRAIN SETBACK AND WATERCOURSE SETBACK
No building or structure shall be constructed closer than 30 m (98.4 ft) from the
edge of an open municipal drain or 15 m (49.2 ft) from the edge of an enclosed
municipal drain. Notwithstanding this section, in the case of a vacant building lot
existing on the date of passage of this By-law, no building or structure shall be
constructed closer than 15 m (49.2 ft) from the edge of an opened municipal drain.
No building or structure shall be constructed closer than 15 metres (49.2 ft) to top
58
By-law Number 37-2006 (Consolidated April 1, 2017)
of bank of any other watercourse that is not situated within the Natural
Environment Zone or a municipal drain.
6.20.4 ENVIRONMENTAL IMPACT STUDIES
Where development is proposed on lands within 120 metres of land designated as
a Provincially significant wetland on the County of Grey Official Plan within a
Natural Environment (NE) Zone, the Municipality, Saugeen Conservation Authority
and the County of Grey shall be contacted to determine if an Environmental Impact
Study is required in the review and approval of the proposed development.
EXPLANATORY NOTE (Not Part of this By-law): Property owners are strongly encouraged to
consult with the Saugeen Valley Conservation Authority in order to determine the most
appropriate location for development.
6.20.5 NATURAL ENVIRONMENT-HOLDING PROVISIONS
All lands located within 120 metres of a Provincially Significant Wetland, as defined
by the NE2 Zone on the Schedules to this By-law, are subject to a holding
provisions in accordance with Section 36 of the Planning Act. No building or
structure shall be erected and no site alteration shall occur within 120 metres of a
Provincially Significant Wetland unless the holding provision is removed. Removal
of the holding provision shall be preceded by an Environmental Impact Study
(EIS), which demonstrates that there will be no negative impacts on the natural
features of the ecological functions for which the wetland is defined, competed in
consultation with the County of Grey and the appropriate Conservation Authority.
Where, in consultation with the County of Grey and the appropriate Conservation
Authority, no EIS is required the holding provision may be removed.
6.21 NON-CONFORMING USES
a)
Nothing in this By-law shall apply to prevent the use of any land, building or
structure for any purpose prohibited by this By-law if such land, building or
structure was lawfully established and used for such purpose on the date of
passing of this By-law, and provided that it continues to be used for that purpose.
b)
Nothing in this By-law shall prevent the construction or use of any building or
structure for a purpose prohibited by this By-law, the plans for which have prior to
the date of passing of this By-law been approved by the Chief Building Official, so
long as the building or structure when constructed is used and continues to be
used for the purpose for which it was constructed. Such construction shall have
commenced within six months after the date of passing of this By-law, and such
building or structure shall be completed within a reasonable time after the
construction is commenced.
c)
Nothing in this By-law shall prevent the strengthening or restoration of a non
conforming building or structure to a safe condition so long as the strengthening or
restoration does not alter the height, area, size or volume of the building or
structure or change its use to other than a conforming one.
d)
Nothing in this By-law shall prevent a non-conforming building or structure, which
is partially or fully destroyed by fire, flood or Act of God from being restored or
59
By-law Number 37-2006 (Consolidated April 1, 2017)
reconstructed provided yard depths, height, area size or volume of the building or
structure as it existed at the time prior to the destruction are maintained or
compliance with the regulations of the Zone in which the building or structure is
located is not further reduced.
e)
Where, for any reason, a non-conforming use has ceased and is not resumed
within a twelve (12) month period from the date of ceasing, such non-conforming
use shall not be permitted to resume and any future use of land, building or
structure shall thereafter conform to the permitted uses of the zone relating to the
subject land.
6.22 NON-COMPLYING USES
Nothing in this By-law shall prevent a non-complying use, building or structure from
being enlarged, extended (either vertically or horizontally), reconstructed, repaired or
renovated provided that the enlargement, extension, reconstruction, repair or renovation
does not further reduce the compliance of the use, building or structure with any provision
of this By-law.
6.23 NUTRIENT MANAGEMENT PLANS/MANURE STORAGE
No livestock operation or manure storage facility shall be established or enlarged until a
nutrient management plan is completed where required by the municipality's Nutrient
Management By-law. Temporary facilities for the storage of manure must be contained by
a clay base, and meet the Minimum Distance Separation setbacks.
6.24 ONE MAIN BUILDING PER LOT
No more than one main building shall be constructed on a lot except for the following:
a)
Permitted buildings within a commercial, institutional, or industrial zone; and,
b)
Cluster of Townhouses or Apartment dwellings located within the appropriate
Residential zone.
c)
Agricultural buildings permitted in an Agricultural or Rural Zone, or
d)
Within an exception zone which permits more than one main building on a lot.
6.25 OUTDOOR DISPLAY AREAS
In a Highway Commercial Zone, Rural Commercial Zone, or Industrial Zone, and Rural
Industrial Zone, the outdoor display of goods, materials and equipment, which is
accessory to the main use of the lot, shall be permitted in accordance with the following
regulations:
a)
Shall not be located in any required yard setback.
b)
Not comprise more than 40% of the total lot area.
c)
Not obstruct or occupy any required parking area.
By-law Number 37-2006 (Consolidated April 1, 2017)
60
d)
Be constructed of a stable surface and treated to prevent erosion and the escape
of dust and loose particles. Surface cover may consist of asphalt, approved
granular material, paving brick, concrete or similar hard-surfaced material.
e)
Be graded and drained so as to prevent the pooling of surface water on them or
the flow of surface water onto adjacent lots.
f)
Contain a minimum 1.5 m (5 ft) landscaped area between the outdoor display area
and any road other than areas used for access to the property.
6.26 OUTDOOR STORAGE AREAS
In a Highway Commercial Zone, Rural Commercial Zone, Industrial Zone, and Rural
Industrial Zone, the outdoor display of goods, materials and equipment, which is
accessory to the main use of the lot, shall be permitted in accordance with the following
regulations:
a)
Such storage area shall not be located in any required yard setback.
b)
Such storage area shall not comprise more than 40% of the total lot area.
c)
Such storage area shall be visually screened from view from the street and from
any abutting land zoned or used for residential, institutional or open space by a
buffer area or strip in accordance with the applicable regulations of Section 6.3 of
this By-law.
6.27 PARKING REGULATIONS
No building or structure shall be erected, enlarged or used in any zone unless facilities are
provided for off-street parking in accordance with the following regulations:
6.27.1 SIZE OF PARKING SPACES
Every off-street parking space shall have dimensions of not less than 2.7 m (9 ft) in
width or less than 5.5 m (18 ft) in length. Each such space shall have adequate
means of access to or from a public street or lane in accordance with the
appropriate approval authority.
6.27.2 PARKING SURFACES
All parking spaces and areas shall be constructed of a stable surface and treated
to prevent erosion and the escape of dust and loose particles. Surface cover shall
consist of asphalt, concrete, approved granular material, paving brick, or similar
hard-surfaced materials.
All parking spaces and areas shall be graded and drained so as to prevent the
pooling of surface water on them or the flow of surface water onto adjacent lots.
All parking areas shall be provided with curbing, wheel stops or other devices to
prevent motor vehicles from being parked or driven within required setback areas
or onto required landscaped open spaces.
By-law Number 37-2006 (Consolidated April 1, 2017)
61
6.27.3 LOCATION OF PARKING AREAS AND SPACES
All parking spaces within a residential zone shall be to the rear of the front wall of
the main building, except that a driveway leading directly from the street to a
required parking space may be used for the temporary parking of motor vehicles.
Unless otherwise prohibited by this By-law, parking may be permitted within any
required side yard or any required rear yard of a residential zone.
Unless otherwise provided, no off-street parking space shall be located in any
required side yard or any required front yard.
All parking spaces within a commercial, industrial or institutional zone may be
located within a required front yard, and required exterior side yard, except that no
parking area and/or space shall be located within 1.5 m (5 ft) of a street, or within
4.5 m (14.8 ft) of any lot or zone containing a residential use.
6.27.4 CALCULATION OF PARKING REGULATIONS
Where a part of a parking space is required in accordance with this By-Law for a
use listed above, such part shall be considered one parking space for the purpose
of calculating the total parking requirements for the said use.
In addition, where the number of parking spaces required in accordance with this
By-law is based upon the capacity of a building or structure, such capacity shall be
deemed to be the same as the maximum capacity for such building or structure
permitted by the Ontario Building Code, the Ontario Fire Code, or where
applicable, the Liquor Licensing Board of Ontario, whichever capacity is the lesser.
Where, on the date of passing of this By-law, a use of a lot does not comply with
number of parking spaces required by Subsection 6.27.8, this By-law shall not be
interpreted to require that the deficiency be made up prior to the construction of
any addition or change of use except that any additional parking spaces required
for the addition or change of use are provided in accordance with all provisions of
Section 6.27 of this By-law.
6.27.5 PARKING FOR THE PHYSICALLY DISABLED
Where the parking requirements for any land use is between 10 and 20 spaces, at
least 1 of the spaces must be suitable for use by the physically handicapped.
Where the parking requirements is greater than 20 spaces, 1 additional
handicapped space shall be provided for each 50 additional spaces or portion
thereof.
Parking spaces for the physically handicapped shall be:
-
A minimum width of 4 m (13 ft);
-
Hard-surfaced and level;
-
Located near an accessible building entrance; and identified for use by
physically handicapped persons by a sign, which is clearly posted and
visible at all times, containing the International Symbol of Accessibility for
By-law Number 37-2006 (Consolidated April 1, 2017)
62
Handicapped Persons. Such sign shall be posted in a visible location other
than on the parking surface.
6.27.6 PARKING FOR MORE THAN ONE USE IN A BUILDING
Where a building or structure accommodates more than one type of use, the
parking space requirements for the whole building shall be the sum of the
requirements of the separate parts of the building so occupied.
6.27.7 PARKING REQUIREMENTS FOR THE GENERAL COMMERCIAL (C1) ZONE
The Parking Regulations of this Section do not apply to land within the GENERAL
COMMERCIAL (C1) ZONE unless such land is used for a permitted residential
use, in which case off-street parking spaces shall be provided on-site in
accordance with the provisions herein. Subsection 17.3 g) shall apply to required
parking in the C1 Zone.
6.27.8 MINIMUM NUMBER OF PARKING SPACES REQUIRED
Type of Use
Minimum Number of Parking Spaces
Single detached
1/ unit
Semi/Duplex
1/ unit
Triplex/Fourplex
1.5/ unit
Accessory Dwellings
1/ unit
Apartment
1.5/ unit + Visitor + Special parking for the
physically disabled (at least one space)
Townhouses/ Cluster
1.5/ unit
Townhouses/ Street
1.5/ unit
Senior Citizens Accommodation
1/ unit
Seniors/Nursing Rest Home
1 / 4 beds + 1 / 4 employees
B&B
1/ guest room + 1/ proprietor
Hotel/Motel/Motor Hotel
1.5/ guest room
Boarding/Rooming/Lodging
Establishments
1/ building + 1/ guest room
Group Home
1 / 3 beds
Offices
Banks/Financial
Business/Professional
2
2
1/15 m (1/162 ft ) G.F.A
2
1/28 m (1/301 ft2) G.F.A
Billiards Parlours
1 / table
By-law Number 37-2006 (Consolidated April 1, 2017)
63
Type of Use
Minimum Number of Parking Spaces
Bowling Alleys
3/ lane
Churches
The greater of 1/5 person or
2
1/9.3 m (1/100 ft2) G.F.A
Dry cleaning Depot
2
1/ 33 m (1/355 ft2)G.F.A
Medical Clinic
4/practitioner
Min 6 spaces
Places of Assembly
The greater of 1/5 person or
2
1/9.3 m (1/100 ft2) G.F.A
Post Offices/Museums/Art
Gallery/Library
2
1/27.9 m (1/300 ft2) G.F.A
Recreational Athletic
2
1/9.3 m (1/100 ft2) G.F.A
Restaurant/Tavern
Full service
1/ 4 persons
Drive-in thru
5 spaces + 1 / 4 persons
2
Drive thru
1/20.0 m ( 1/215 ft2) G.F.A
Tavern/Bar
1 / 4 persons
Retail Lumber/ Building Supply
2
Retail floor area
1/ 27.9 m (1/300 ft2)
2
Outdoor
1/50 m
(1/538 ft2 )
2
Interior warehouse 1/50 m ( 1/538 ft2 )
Schools
Nursery
3/classroom
Elementary
2/classroom
Secondary
5/classroom
2
Commercial
1/20.0 m ( 1/215 ft2) G.F.A
With places of assembly
All school + all places of assembly
Theatres
2
1/5 seats or 1/10 m (1/108 ft2) G.F.A
Funeral Homes
2
1/5 seats or 1/10 m (1/108 ft2) G.F.A
as place of assembly
Automotive
Body/Repair
Sales
Service Station
Car wash manual
Car wash automatic
Gas Bar
4/ bay
(Min 6)
2
1/46.5 m
(1/501 ft2) G.F.A
4/bay
(Min 6)
1/3 waiting spaces
1/6 waiting spaces
1/fuel pump island
By-law Number 37-2006 (Consolidated April 1, 2017)
64
Type of Use
Minimum Number of Parking Spaces
Retail Commercial
Retail Food
Retail Sales/Service
2
1/16.5 m (1/178 ft2) G.F.A
2
1/16.5 m (1/178 ft2) G.F.A
Furniture/appliance
2
1/33 m (1/355 ft2) G.F.A
Audio/Electronic
2
1/20.0 m (1/215 ft2) G.F.A
Warehouse
Wholesale
2
1/200 m (1/2153 ft2) G.F.A
2
1/80 m (1/861 ft2) G.F.A
Truck Terminal
2
1/50 m (1/538 ft2) G.F.A
All other Commercial Uses
Plaza
2
1/20 m (1/215 ft2) G.F.A
Uses not Retail
2
1/28 m (1/302 ft2) G.F.A
All others
2
1/46.5 m (1/501 ft2) G.F.A
Industrial use
Industrial Mall
2
1/90 m (1/969 ft2) GFA Min 5 spaces
+ Visitor (3 max for 15m ( 49.2ft) front )
2
1/33 m ( 1/355 ft2 ) G.F.A
6.28 PARKING/STORAGE OF RECREATIONAL & COMMERCIAL VEHICLES IN A
RESIDENTIAL ZONE
a)
The parking or storage of a derelict vehicle, disabled boat or unoccupied motor
home and/or trailer within lands zoned for residential purposes shall be prohibited
unless it is stored in an enclosed garage or other accessory building. However
one boat and one unoccupied motor home or trailer currently licensed may be
stored in a side or rear yard.
b)
Automotive vehicles, motor home or trailers without current license plates shall not
be parked or stored on lands zoned for residential purposes other than in
completely enclosed buildings.
c)
No land, building or structure on lands zoned for residential purposes, shall be
used for the parking or storage of any commercial vehicle (licensed or unlicensed),
unless:
i)
The vehicle is owned or used by the owner or occupant of such land, building
or structure;
ii)
The commercial vehicle has a maximum carrying capacity of 2400 kilograms;
and,
By-law Number 37-2006 (Consolidated April 1, 2017)
65
iii)
Provided that not more than one commercial vehicle is stored in accordance
with this section.
d)
This provision shall not include the parking of commercial vehicles at residential
premises for the purpose of providing a delivery of service to the premise.
e)
Truck bodies or truck trailers shall not be used for the storage of goods or
materials.
6.29 ACCESSORY APARTMENT DWELLING UNIT
Where specifically permitted by this By-law, an accessory apartment dwelling unit shall be
allowed within a detached dwelling in the following instances:
a)
The accessory apartment dwelling shall not be permitted if any other dwelling,
other than the principal detached dwelling, exists on the subject property;
b)
The accessory apartment dwelling unit is situated entirely within the same building
as the principal dwelling with a separate entrance pursuant to the Ontario Building
Code;
c)
The accessory apartment dwelling unit has a minimum floor area of:
i)
Bachelor unit
37 m2 (398.3 ft2)
ii)
One bedroom unit
50 m2 (538.2 ft2)
iii)
Two bedroom unit
59 m (635.0 ft2)
d)
The maximum number of bedrooms within the accessory apartment dwelling unit is
two and the accessory apartment dwelling unit has a maximum floor area of 93 m2
(1001 ft2); and
e)
A minimum of one extra parking space shall be provided in accordance with
Section 6.27 in addition to the parking requirements associated with the principal
detached dwelling.
6.30 RESIDENTIAL SETBACKS FROM SEWAGE TREATMENT PLANT
No new residential dwellings shall be constructed within 100.0 m (328.0 ft) of any sewage
treatment facility.
6.31 STREET SETBACK STANDARDS AND EXCEPTIONS
6.31.1 STREET SETBACK
Where the regulations of a Zone include a requirement that the minimum yard of a
lot or parcel of land shall be a specific number of metres "plus any applicable
distance as specified in Section 6.31", the following shall apply:
Notwithstanding any other provision of this By-law to the contrary, the Municipality
of West Grey minimum setback requirements apply to all properties located
adjacent to a Municipal Road;
By-law Number 37-2006 (Consolidated April 1, 2017)
66
Notwithstanding any other provisions of this By-law to the contrary, the Grey
County TRANSPORTATION AND PUBLIC SAFETY DEPARTMENT minimum
setback requirements shall apply to all properties located adjacent to a Grey
County Road;
Notwithstanding any provisions of this by-law to the contrary, the Bruce County
Highways Department minimum setback requirements shall apply to all properties
located adjacent to a Bruce County Road;
Notwithstanding any provisions of this by-law to the contrary, the Ministry of
Transportation minimum setback requirements shall apply to all properties located
adjacent to a Provincial Highway.
This applicable distance shall be measured at right angles to the centerline of the
street abutting such yard and commencing from the centerline in the direction of
the applicable yard or such lot or parcel of land.
6.31.2 EXCEPTIONS
6.31.2.1
BUILDINGS IN BUILT-UP AREAS
a)
Notwithstanding any other section of this By-law to the contrary, in any
residential zone between existing buildings or adjacent to existing buildings
within 61 metres (200 feet) on the same block, residences shall be built
within a setback equal to the average setback of the adjacent buildings, but
shall not be less than 4.5 metres (15 feet) from the front lot line.
b)
Notwithstanding anything in this By-law to the contrary, where an existing
building encroaches into the required front or exterior yard setback as
established in this By-law, additions to the existing building may be
permitted to the line of occupation, subject to all other applicable
regulations of this By-law.
6.32 TEMPORARY USES, BUILDINGS AND STRUCTURES
a)
Nothing in this By-law shall prevent the use of any land, or the construction or use
of any building, trailer, or structure for a construction camp, work camp, temporary
accommodation, tool shed, scaffold or other building or structure incidental to and
necessary for construction work on the lot, but only for as long as such use,
building or structure is necessary for such construction work which has not been
finished or abandoned. The temporary use shall be subject to the retention of a
valid Building Permit.
b)
A temporary commercial use, building or structure within a commercial zone which
is established for a duration of less than six (6) months may be permitted with the
permission of Council. An agreement or license and a site plan with the
municipality may be required for the establishment of such temporary use, building
or structure.
By-law Number 37-2006 (Consolidated April 1, 2017)
67
6.33 UNDERSIZED LOTS/EXISTING LOTS OF RECORD
Where an existing lot having a lesser lot area or frontage than required under this By-law
is held in distinct and separate ownership from abutting lots as shown by the registered
conveyance in the Registry or Lands Title Office at the date of the passing of this By-law,
or where such lot is created by expropriation, such lot may be used and a building or
structure may be constructed, altered or used on such undersized lot provided that all
other requirements of this By-law are met.
6.34 USES PERMITTED IN ALL ZONES
Notwithstanding any other provisions of this By-law to the contrary, the following uses
shall be permitted in any Zone established herein:
a)
The use of any land as a public street.
b)
A temporary construction or work camp/trailer, tool shed, scaffold, or other building
or structure incidental to and necessary for the construction work on the premises,
but only for so long as such use, building, or structure is necessary for such
construction work which has not been finished or abandoned.
c)
any building, structure, use, service, or utility of any department of the Corporation
of the Municipality of West Grey, the Corporation of the County of Grey, or the
Federal or Provincial Government, Ontario Hydro, or any telephone, telegraph, or
gas company shall be permitted in any zone (except for the NE, NE2 and FL zones
unless written approval has been given by the Saugeen Valley Conservation
Authority and the Municipality of West Grey) provided that such use, building or
structure shall comply with the regulations with regard to the height (except where
exempted by section 6.4), yard, and lot coverage prescribed for the Zone in which
it is located; and any buildings erected or used shall be designed and used in a
manner compatible with the area in which it is located.
Notwithstanding the generality of the foregoing, the requirement of this section to
comply with the regulations with regard to height, yard, and lot coverage shall not
apply to any undertaking of Ontario Hydro which satisfies the provisions of the
Environmental Assessment Act.
6.35 USES RESTRICTED IN ALL ZONES
6.35.1 NOXIOUS USES PROHIBITED
Notwithstanding any other provision of this By-law to the contrary, no use shall be
permitted anywhere within the municipality which, from its nature, materials used
therein or emissions issuing there from, is declared to be a noxious trade, business
or manufacture under The Health Protection and Promotion Act, as amended.
6.35.2 RESTRICTED USES
The following uses are prohibited throughout the Municipality, either alone or in
conjunction with other uses, unless such use is specifically permitted in a zone or
by an amendment to this By-law:
An abattoir, stockyard, livestock exchange, or dead stock depot;
By-law Number 37-2006 (Consolidated April 1, 2017)
68
A track or course for the racing and/or testing of automobiles, motorcycles, dirt
bikes, snowmobiles or any other motorized vehicles;
A video or amusement arcade;
A landfill site/waste disposal site;
A food and/or meat processing facility;
A salvage or wrecking and recycling facility;
A mobile home used as a dwelling unit or for commercial use;
A trailer or motor home used for human habitation other than for seasonal
accommodation in a permitted trailer park, campground or on lands in which
such use is specifically permitted;
An abandoned vehicle used for the storage of goods or materials;
The establishment of pits and quarries, asphalt plants or concrete plants;
The refining, storage or use in manufacturing of coal oil, rock oil, fuel, oil,
natural gas, propane, burning fluids, naphtha, benzyl, benzene, gasoline,
dynamite, nitroglycerine, gun powder, petroleum or any other combustible,
inflammable, volatile or otherwise dangerous liquids, gasses or solid materials
except where specifically permitted hereby or in conjunction with a permitted
industrial use and unless such substances are protected by adequate fire
fighting and fire prevention equipment and by such safety devices as are
generally employed in the handling of such substances and provided that such
substances are kept removed from adjacent uses to a distance which is
compatible with the potential danger involved, except that this provision shall
not apply to prevent the above ground storage of such substances by a farmer,
where such storage is incidental and accessory to an agricultural use, or the
use of natural gas, propane or fuel oil for domestic purposes, such as heating
and cooking, in conjunction with a residential use;
The boiling of blood, tripe, bones or soaps for commercial purposes;
The extracting of oil from fish;
The tanning or storage of uncured hides or skins;
The manufacturing of glue or fertilizers from dead animals or from human or
animal waste.
Any use unable to obtain the approval from the Medical Officer of Health or
Ministry of the Environment and Energy, owing either to the quantity of water
required thereof or to the quality of effluent produced thereby;
By-law Number 37-2006 (Consolidated April 1, 2017)
69
Any use which causes the emission of corrosive gasses, toxic gasses or
radioactive gasses or, electromagnetic fields, heat, glare, nonagricultural
odours, noise, vibrations, dust, dirt, or smoke which does not comply with
emission regulations as may be established by the Province of Ontario, the
Government of Canada, or any agencies thereof.
6.35.3 SHIPPING CONTAINERS
Shipping containers shall also be prohibited except in accordance with the
following instances:
a) Shipping containers shall be permitted in the: A1, A2 and A3 zones provided
the lot comprises more than 2.0 hectares of land; C2 zone; C4 zone; C6 zone;
MU1 zone; M1 zone; M2 zone; M3 zone; M4 zone; and I zone;
b) Shipping containers shall only be permitted as an accessory use to a permitted
use where a principal building exists;
c)
Shipping containers shall be treated as an accessory building, and shall
comply with the requirements of the Ontario Building Code and require a
Building Permit.
d) Shipping containers shall be located on a property in accordance with Section
6.1.2 and 6.1.4;
e) Shipping containers shall not be located in a required parking area or required
landscaping area;
f)
Shipping containers shall be screened from all properties zoned R1A, R1B, R3
and ER that are adjacent to or within 50 metres of the property;
g) Shipping containers shall only be permitted for the use of accessory storage
and shall not be used for human habitation, display, screening or fencing.
h) The maximum number of shipping containers on a property shall be limited to
two;
i)
Shipping containers shall not exceed a height of 3 metres and a length of 12
metres, and shall not be stacked on top of each other; and,
j)
Shipping containers shall be of a condition free from rust, peeling paint and
any other form of visible deterioration;
6.36 YARD ENCROACHMENTS
Every part of any yard required to be provided in any zone shall be open and unobstructed
from the ground to the sky, except that:
a)
In any yard, there may be established or maintained the usual projections of
window sills, chimney breasts, belt courses, cornices, eaves and other minor
70
By-law Number 37-2006 (Consolidated April 1, 2017)
architectural features, provided that no such features shall project more than 76.2
centimetre (cm) (30.0 inches (in)) into any required yard.
b)
Open and unenclosed porches, uncovered decks, balconies and steps may project
into required yards as follows:
i)
Front yard - no more than 3 m (9.8 ft); and,
ii)
Rear yard- no more than 3.7 m (12 ft); and
iii)
Side yards - no more than 1 m (3.3 ft).
c)
Unenclosed fire escapes may project into any required yard a maximum distance
of 1.5 m (5 ft);
d)
Fences, freestanding walls, flagpoles, light standards, air conditioners, heat pumps
and similar accessory structures and appurtenances, as well as hedges, trees and
shrubs are permitted in any required yard, except they must comply with Day
lighting (Sight) Triangle applicable requirements as specified in Section 6.7 of this
By-law.
e)
On a corner lot, in a residential zone, the interior side yard requirements may be
used in place of rear yard requirements for single detached, semi-detached and
duplex residential dwellings.
6.37 MOVEMENT OF BUILDINGS
No buildings shall be moved without a permit from the Chief Building Official.
6.38 SETBACKS FROM EXISTING AND KNOWN ABANDONED LANDFILL SITES
No development or site alteration shall be permitted within 500 metres of an existing or
known abandoned landfill site, unless a D-4 Study has been prepared and submitted for
review in accordance with the Ministry of the Environment Guideline D-4 indicating that
the lands to be developed are secure from potential methane and/or leachate migration
from the landfill site or indicating the measures or conditions required prior to any
development approval being granted.
Notwithstanding this required buffer, if any
approved Landfill Closure Plan exists, the requirements of that Plan shall prevail.
This requirement, however, does not entirely apply to the closed landfill sites on Durham
Road West in Durham and on David Winkler Parkway in Neustadt because evaluations of
these landfill sites have already been conducted, to a certain extent, on behalf of the
Municipality. In those situations, the following provisions shall apply:
The evaluation of the closed landfill site on Durham Road West in Durham involved test
pitting only on the landfill property and concluded that this closed site would not result in a
hazard or health and safety risk, a nuisance to people and/or site degradation of the
natural environmental for surrounding properties within 500 metres of the site. That
notwithstanding, given that no test pitting occurred outside of the subject property and
therefore it has not been confirmed that the presence of waste is confined to the subject
property, a "h" (holding) suffix has been applied to the zoning of lands within 30 metres of
71
By-law Number 37-2006 (Consolidated April 1, 2017)
the closed landfill site's perimeter. No development shall be permitted on lands zoned
with the "h" suffix. The "h" suffix may be removed from a property or portion thereof
provided a further evaluation has been conducted for said property in accordance with
Section D7.11 of the Official Plan at the property owner's expense, as recommended in
the evaluation.
In addition, given that a surface watercourse traverses the subject
property, the potential or access to, or use of, surface water should be considered when
evaluating proposals for new developments or changes in land use for the property
situated downstream of the watercourse, which is located to the southwest of the former
landfill site. Where there is no intended use of, or potential access to, surface water
associated with the proposed change in land use, no further assessment will be
necessary. If there is a potential of use of or access to, surface water, then an additional
assessment is necessary. The requirement for such an assessment would depend on the
nature of the proposed development or change in land use. In this regard, an "h" (holding)
suffix has been applied to the zoning of lands located downstream of the watercourse, to
the southwest of the landfill site. The "h" suffix may be removed from the property or
portion thereof provided a further evaluation has been conducted for said property in
accordance with Section D7.11 of the Official Plan at the property owner's expense, as
recommended in the evaluation and to the satisfaction of the Municipality.
The evaluation of the closed landfill site on David Winkler Parkway in Neustadt involved
test pitting only on the property and concluded that the close site is not impacting on
adjacent properties with regard to groundwater contamination, surface water
contamination or the generation of landfill gases (particularly methane). An "h" (holding)
suffix has been applied to the zoning of lands within 30 metres of easterly and
southeasterly perimeter of the closed landfill site. No development shall be permitted on
lands zoned with the "h" suffix. The "h" suffix may be removed from a property or portion
thereof provided a further evaluation has been conducted for said property in accordance
with Section D7.11 of the Official Plan at the property owner's expense, as recommended
in the evaluation and to the satisfaction of the Municipality.
6.39 RECREATIONAL TRAILERS
A maximum of one recreational trailer is permitted for seasonal human occupation for
temporary use and on lands zoned 'A1', 'A2' or 'A3' where the lot area is 2 hectares in size
or greater and where the lot fronts onto an open and maintained municipal road and
contains an approved entrance and posted civic address signage. The recreational trailer
shall also be subject to the "Trailer License By-law". The placement of a recreational trailer
shall not constitute a principal use for the purposes of allowing an accessory use, building
or structure to be erected on the property.
By-law Number 37-2006 (Consolidated April 1, 2017)
72
SECTION 7 - ZONES, MAPS AND BOUNDARIES
7.1
ZONE DESCRIPTIONS
For the purposes of this By-law, the following zones are hereby established and may, in
the text and accompanying Schedule "A", be referred to by the descriptive name or by the
symbol as indicated below:
DESCRIPTIVE NAME OF ZONE
SYMBOL
SECTION
AGRICULTURAL
A1
8
RURAL ZONE
A2
9
RESTRICTED AGRICULTURAL ZONE
A3
10
UNSERVICED RESIDENTIAL ZONE
R1A
11
LOW DENSITY RESIDENTIAL ZONE
R1B
12
MEDIUM DENSITY RESIDENTIAL ZONE
R2
13
HIGH DENSITY RESIDENTIAL ZONE
R3
14
ESTATE RESIDENTIAL ZONE
ER
15
MOBILE HOME PARK ZONE
MH
16
GENERAL COMMERCIAL ZONE
C1
17
HIGHWAY COMMERCIAL ZONE
C2
18
NEIGHBOURHOOD COMMERCIAL ZONE
C3
19
SPACE EXTENSIVE COMMERCIAL ZONE
C4
20
HAMLET COMMERCIAL ZONE
C5
21
MIXED USE ZONE
MU1
22
RURAL COMMERCIAL ZONE
C6
23
INDUSTRIAL ZONE
M1
24
RESTRICTED INDUSTRIAL
M2
25
RURAL INDUSTRIAL ZONE
M3
26
EXTRACTIVE INDUSTRIAL
M4
27
By-law Number 37-2006 (Consolidated April 1, 2017)
73
DESCRIPTIVE NAME OF ZONE
SYMBOL
SECTION
INSTITUTIONAL ZONE
I
28
OPEN SPACE ZONE
OS
29
FUTURE DEVELOPMENT ZONE
FD
30
NATURAL ENVIRONMENT ZONE
NE
31
NATURAL ENVIRONMENT 2 ZONE
NE2
31(A)
FLOODWAY ZONE
FL
32
FLOOD FRINGE OVERLAY
FF
33
34
EXCEPTION ZONES
35
7.2
EXCEPTIONS (SPECIAL PROVISIONS)
Where a zone symbol applying to certain land, as shown on Schedule "A", is followed by a
dash and a number (e.g. C3-1), then an exception has been made to the zone regulations
and special provisions will apply to such land. Section 35- EXCEPTIONS identify with
these site-specific zones. Land denoted in this manner shall be subject to all restrictions
of the parent zone except as otherwise provided by the special provisions.
7.3
HOLDING PROVISIONS
Where an (h) appears as a suffix to a zone symbol on Schedule "A", such land shall be
subject to specific holding provisions unless this By-law has been amended to remove the
relevant (h) symbol.
The conditions under which the specific holding provision may be removed can be found
within the Holding Provisions section of each zone category or, if related to an exception
zone, within Section 35 (exceptions) of this By-law. Under the Planning Act, Council must
give public notice of its intent to remove the (h) symbol. A public meeting is not required
and the decision to remove the (h) symbol is not subject to appeal procedures.
(The paragraph below has been added as a result of problems arising from the
consolidation of the Zoning By-law and amendments thereto. It does not officially form
part of the Zoning By-law, and is provided to provide clarification to certain properties that
have a holding suffix attached to their respective zones pertaining to natural heritage
features.)
The symbol "h1" when applied as a suffix to the zone of a specific property (e.g. A1-h1)
denotes an area in which no development or site alteration of any type is permitted due to
concerns regarding the natural environment. The removal of the holding ("h1") symbol by
Council shall not occur until a study(s) has been prepared, to the satisfaction of the
By-law Number 37-2006 (Consolidated April 1, 2017)
74
Municipality and the Saugeen Valley Conservation Authority, demonstrating that the
proposed development or site alteration will not adversely affect the area or feature. It may
be necessary for any mitigative measures recommended in the study to be carried forward
into an agreement between the land owner and the Municipality.
7.4
ZONE MAPS
The extent and boundaries of all of the said zones are shown on Schedule "A" (Zone
Maps),which together with all notations, references and other information shown thereon,
is hereby incorporated in and declared to form part of this By-law to the same extent as if
fully described therein.
7.5
ZONE BOUNDARIES
Where any uncertainty exists as to the location of the boundary of any zone as shown on
the Schedule 'A' (Zone Maps), the following rules shall apply:
a)
Where zone boundaries are indicated as following approximately the centre line of
streets or lanes or their productions, such centre lines or their productions shall be
deemed to be the zone boundary.
b)
Where zone boundaries are indicated as approximately following lot lines, such lot
lines shall be deemed to be the said zone boundary.
c)
Where zone boundaries are indicated as approximately parallel to any street and
the distance from such street is not indicated, such zone boundary shall be
construed as being parallel to such street and the distance there from shall be
determined by the use of the scale of the said Zone Map.
d)
Where zone boundaries follow railway lines, such zone boundaries shall be
deemed to be located at the boundaries of the railway right-of-way.
7.6
CLOSED STREET, LANE, RAILWAY OR HIGHWAY RIGHT-OF-WAY
a)
Where a street, lane, railway or highway right-of-way, or portion thereof as shown
on a Zone Map is hereafter closed or diverted, the property formerly in said street,
lane, railway or right-of-way shall be included within the zone of the adjoining
property on either side of the said closed street, lane, railway or highway right-of
way.
b)
Where the said street, lane, railway or highway right-of-way was a zone boundary
between different zones, the new zone boundary shall be the former centreline of
the said street, lane, railway or highway right-of-way.
By-law Number 37-2006 (Consolidated April 1, 2017)
75
SECTION 8 - A1- AGRICULTURAL ZONE
8.1
PERMITTED USES
Agricultural uses, buildings and structures
Bed and Breakfast Establishment (Class 2)
Equestrian center facilities
Forestry
Home Occupation
Home Industry
A detached dwelling
Conversion of a single detached residential dwelling accessory to a farm for one
additional residential dwelling unit in accordance with Section 6.29
Wayside Pits
Wayside Quarries
Temporary Portable Asphalt Plant in a wayside pit or quarry
Recreational Trails operated by a Public Agency
An accessory apartment dwelling unit within a detached dwelling in accordance with
Section 6.29
A recreational trailer in accordance with Section 6.39
Accessory uses, buildings and structures in accordance with Section 6.1
8.2
REGULATIONS
8.2.1 LOT AREA, Minimum
40 ha (100 ac)
8.2.2 LOT FRONTAGE, Minimum
122 m (400.3 ft)
8.2.3 FRONT YARD, Minimum
a)
For residential dwellings
20 m (66 ft)
b)
For livestock buildings, structures
20 m (66 ft) minimum or
and manure storages
applicable MDS requirements
whichever is greater
c)
For buildings accessory to dwellings
20 m (66 ft.)
d)
For all other buildings and structures
20 m (66 ft)
accessory excluding livestock facility
e)
A front yard abutting a public street shall be increased by the applicable
distance required by the applicable Road Authority as specified in Section
6.31 of this By-law.
8.2.4 INTERIOR SIDE YARD, Minimum
a)
For residential dwellings
6 m (19.7 ft)
By-law Number 37-2006 (Consolidated April 1, 2017)
76
b)
For buildings accessory to dwellings
6 m (19.7 ft)
(up to 14 sq metres)
c)
For livestock buildings, structures
18.3 m ( 60 ft)
and manure storage.
Minimum or applicable MDS
requirements whichever is
greater
d)
For all other buildings and structures
15.2 m (49.9 ft)
accessory excluding livestock facility
(over 14 sq metres of gross floor area)
8.2.5
EXTERIOR SIDE YARD, Minimum
a)
For residential dwellings
18.3 m (60 ft)
b)
For livestock buildings, structures
18.3 m (60 ft)
and manure storages
Minimum or applicable MDS
requirements whichever is
greater
c)
For all other buildings and structures
18.3 m (60 ft)
accessory excluding livestock facility
(over 14 sq metres of gross floor area)
d)
An exterior side yard for a) and b) above shall be increased by the
applicable distance required by the applicable Road Authority as specified in
Section 6.31 of this By-law.
8.2.6 REAR YARD, Minimum
a)
For residential dwellings
7.5 m (24.6 ft)
b)
For buildings accessory to residential dwellings
6 m (19.7t)
c)
For livestock buildings, structures
18.3 m (60 ft) Min or
and manure storages
applicable MDS
requirements
whichever is greater
d)
For all other buildings and structures excluding
18.3 m (60 ft)
livestock facility
e)
A rear yard abutting a public street for a) and b) above shall be increased
by the applicable distance required by the applicable Road Authority as
specified in Section 6.31 of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
77
8.2.7 RESIDENTIAL DWELLINGS
8.2.7.1
FLOOR AREA, Minimum
Less than two storey
83.6m2 (900 ft2)
Two or more storey
102.2m2 (1100 ft2)
8.2.7.2 BUILDING HEIGHT, Maximum
2.5 storeys
8.2.8 LOT COVERAGE, Maximum
15%
8.3
REDUCED LOT REGULATIONS
Notwithstanding Sections 8.2.1 and 8.2.2, an existing lot of record or lot created by
consent which has a lesser lot area and/or frontage than required shall be permitted the
uses listed in Section 8.1 except as stated in Section 8.4. In order to create a new lot by
consent that has a lesser lot area and/or frontage than required, this By-law must be
amended accordingly. In all instances, the regulations of Section 8.2 shall apply excepting
however that lots having an area of 2 hectares (5 acres) or less shall be used in
accordance with the following regulations:
8.3.1 LOT AREA, Minimum
0.8 ha (2 ac)
8.3.2 LOT FRONTAGE, Minimum
30.5 m (100.1 ft)
8.3.3 FRONT YARD, Minimum
18.3 m (60 ft)
8.3.4 REAR YARD Minimum
7.5 m (24.6 ft)
8.3.5 INTERIOR SIDE YARD Minimum
3 m (9.8 ft)
8.3.6 EXTERIOR SIDE YARD Minimum
7.5 m (24.6 ft) plus the
distance required by the
applicable Road Authority as
specified in Section 6.31 of
this By-law.
8.3.7 GROUND FLOOR AREA, Minimum
Less than two storey
83.6m2 (900 ft2)
Two or more storey
102.2m2 (1100 ft2)
8.3.8 LOT COVERAGE, Maximum
20%
8.3.9
ACCESSORY BUILDINGS AND
STRUCTURES
Shall be subject to the
applicable regulations of
Section 6 - General
Provisions of this By-law.
78
By-law Number 37-2006 (Consolidated April 1, 2017)
8.4
PROHIBITED LIVESTOCK FACILITIES
Livestock facilities and equestrian centres shall not be permitted on lots of less 2 ha (5
acres) in size.
8.5
HOME INDUSTRIES
All applicable requirements including those of Section 6.14 of this By-law must be met.
8.6
HOME OCCUPATIONS
All applicable requirements including those of Section 6.15 of this By-law must be met.
8.7
MINIMUM DISTANCE SEPARATION REQUIREMENTS
The Minimum Distance Separation Requirements - MDS 1 and MDS II - of Section 6.17
of this By-law shall apply to all permitted uses within the Rural Zone.
8.8
SETBACK FOR TEMPORARY PORTABLE ASPHALT PLANT
No Temporary portable asphalt plant shall be situated closer than 304.8 m (1,000 ft) from
an institutional or residential building. A temporary use by-law pursuant to Section 39 of
the Planning Act, RSO 1990, as amended may be required to permit temporary portable
asphalt plants.
8.9
SEASONAL AGRICULTURAL PRODUCE STANDS
Seasonal agricultural produce stands may be permitted in association with an agricultural
use, building or structure subject to the following:
8.9.1 LOT AREA, Minimum
10.1 ha (25 ac)
8.9.2 FLOOR AREA, Maximum
23 m2 (247.6 ft2)
8.9.3 FRONT YARD, Minimum
7.5 m (24.6 ft), or the applicable distance
required by the applicable Road Authority as
specified in Section 6.31 of this By-law,
whichever is greater.
8.10 OFF-STREET PARKING SPACES
Driveway entrances shall meet the requirements of the applicable road authority in
accordance with the applicable regulations of Section 6.27 of this By-law
By-law Number 37-2006 (Consolidated April 1, 2017)
79
SECTION 9 - A2-RURAL ZONE
9.1
PERMITTED USES
Agricultural uses, buildings and structures
Agricultural related use
Bed and Breakfast Establishment (Class 2)
Equestrian center facilities
Forestry
Group home
Home Occupation
Home Industry
A detached dwelling
Conversion of a single detached residential dwelling accessory to a farm for one
additional residential dwelling unit in accordance with Section 6.29
Wayside Pits
Wayside Quarries
Temporary Portable Asphalt Plant in a wayside pit or quarry
Recreational Trails operated by a Public Agency
An accessory apartment dwelling unit within a detached dwelling in accordance with
Section 6.29
A recreational trailer in accordance with Section 6.39
Accessory uses, buildings and structures in accordance with Section 6.1
9.2
REGULATIONS
9.2.1 LOT AREA, Minimum
20 ha (50 ac)
9.2.2 LOT FRONTAGE, Minimum
122 m (400.3 ft)
9.2.3 FRONT YARD, Minimum
a)
For residential dwellings
20 m (66 ft)
b)
For livestock buildings, structures
20 m (66 ft) minimum or
and manure storages
applicable MDS requirements
whichever is greater
c)
For buildings accessory to dwellings
20 m (66 ft.)
d)
For all other buildings and structures
20 m (66 ft)
accessory excluding livestock facility
e)
A front yard abutting a public street shall be increased by the applicable
distance required by the applicable Road Authority as specified in Section
6.31 of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
80
9.2.4 INTERIOR SIDE YARD, Minimum
a)
For residential dwellings
6 m (19.7 ft)
b)
For buildings accessory to dwellings
6 m (19.7 ft)
(up to 14 sq metres)
c)
For livestock buildings, structures
18.3 m ( 60 ft)
and manure storage.
Minimum or applicable MDS
requirements whichever is
greater
d)
For all other buildings and structures
15.2 m (49.9 ft)
accessory excluding livestock facility
(over 14 sq metres of gross floor area)
9.2.5
EXTERIOR SIDE YARD, Minimum
a)
For residential dwellings
18.3 m (60 ft)
b)
For livestock buildings, structures
18.3 m (60 ft)
and manure storages
Minimum or applicable MDS
requirements whichever is
greater
c)
For all other buildings and structures
18.3 m (60 ft)
accessory excluding livestock facility
(over 14 sq metres of gross floor area)
d)
An exterior side yard for a) and b) above shall be increased by the
applicable distance required by the applicable Road Authority as specified
in Section 6.31 of this By-law.
9.2.6 REAR YARD, Minimum
a)
For residential dwellings
7.5 m (24.6 ft)
b)
For buildings accessory to residential dwellings
6 m (19.7t)
c)
For livestock buildings, structures
18.3 m (60 ft) Min or
and manure storages
applicable MDS
requirements
whichever is greater
d)
For all other buildings and structures excluding
18.3 m (60 ft)
livestock facility
By-law Number 37-2006 (Consolidated April 1, 2017)
81
e)
A rear yard abutting a public street for a) and b) above shall be increased
by the applicable distance required by the applicable Road Authority as
specified in Section 6.31 of this By-law.
9.2.7
LOT COVERAGE, Maximum
15%
9.2.8 RESIDENTIAL DWELLINGS
9.2.8.1 FLOOR AREA, Minimum
Less than two storey
83.6m2 (900 ft2)
Two or more storey
102.2m2 (1100 ft2)
9.2.8.2 BUILDING HEIGHT, Maximum
2.5 storeys
9.3
REDUCED LOT REGULATIONS
Notwithstanding Sections 9.2.1 and 9.2.2, an existing lot of record or lot created by
consent which has a lesser lot area and/or frontage than required shall be permitted the
uses listed in Section 9.1 except as stated in Section 9.4. In order to create a new lot by
consent that has a lesser lot area and/or frontage than required, this By-law must be
amended accordingly. In all instances, the regulations of Section 9.2 shall apply excepting
however that lots having an area of 2 hectares (5 acres) or less shall be used in
accordance with the following regulations:
9.3.1 LOT AREA, Minimum
0.8 ha (2 ac)
9.3.2 LOT FRONTAGE, Minimum
30.5 m (100.1 ft)
9.3.3 FRONT YARD, Minimum
18.3 m (60 ft)
9.3.4 REAR YARD Minimum
7.5 m (24.6 ft)
9.3.5 INTERIOR SIDE YARD Minimum
3 m (9.8 ft)
9.3.6 EXTERIOR SIDE YARD Minimum
7.5 m (24.6 ft) plus the
distance required by the
applicable Road Authority as
specified in Section 6.31 of
this By-law.
9.3.7 GROUND FLOOR AREA, Minimum
Less than two storey
83.6m2 (900 ft2)
Two or more storey
102.2m2 (1100 ft2)
9.3.8 LOT COVERAGE, Maximum
20%
By-law Number 37-2006 (Consolidated April 1, 2017)
82
9.3.9
ACCESSORY BUILDINGS AND
STRUCTURES
Shall be subject to the
applicable regulations of
Section 6 - General
Provisions of this By-law.
9.4
PROHIBITED LIVESTOCK FACILITIES
Livestock facilities and equestrian centres shall not be permitted on lots of less 2 ha (5
acres) in size.
9.5
HOME INDUSTRIES
All applicable requirements including those of Section 6.14 of this By-law must be met.
9.6
HOME OCCUPATIONS
All applicable requirements including those of Section 6.15 of this By-law must be met.
9.7
MINIMUM DISTANCE SEPARATION REQUIREMENTS
The Minimum Distance Separation Requirements - MDS 1 and MDS II - of Section 6.17
of this By-law shall apply to all permitted uses within the Rural Zone.
9.8
SETBACK FOR TEMPORARY PORTABLE ASPHALT PLANT
No Temporary portable asphalt plant shall be situated closer than 304.8 m (1,000 ft) from
an institutional or residential building. A temporary use by-law pursuant to Section 39 of
the Planning Act, RSO 1990, as amended may be required to permit temporary portable
asphalt plants.
.
9.9
SEASONAL AGRICULTURAL PRODUCE STANDS
Seasonal agricultural produce stands may be permitted in association with an agricultural
use, building or structure subject to the following:
9.9.1 LOT AREA, Minimum
10.1 ha (25 ac)
9.9.2 FLOOR AREA, Maximum
2
23 m (2,476 ft2)
9.9.3
FRONT YARD, Minimum
7.5 m (24.6 ft), or the applicable distance
required by the applicable Road Authority as
specified in Section 6.31 of this By-law,
whichever is greater.
9.9.4 OFF-STREET PARKING SPACES Driveway entrances shall meet the
requirements of the applicable road authority
in accordance with the applicable regulations
of Section 6.27 of this By-law
9.10 MAXIMUM GROSS FLOOR AREA
Permitted Commercial and Industrial Uses shall have a maximum gross floor area of 230
sq metres (2300 sq ft). Such uses shall be required to enter into a site plan agreement
with the Municipality prior to issuance of a building permit.
By-law Number 37-2006 (Consolidated April 1, 2017)
83
SECTION 10 - A3 - RESTRICTED RURAL ZONE
10.1 PERMITTED USES
Agricultural uses, buildings and structures; except new or expanded livestock
agricultural uses
Bed and Breakfast Establishment (Class 2)
Equestrian centre facilities
Forestry
Home Occupation
Home Industry
A detached dwelling
Conversion of a single detached residential dwelling accessory to a farm for one
additional residential dwelling unit in accordance with Section 6.29
Wayside Pits
Wayside Quarries
Temporary Portable Asphalt Plant in a wayside pit or quarry
Recreational Trails operated by a Public Agency
An accessory apartment dwelling unit within a detached dwelling in accordance with
Section 6.29
A recreational trailer in accordance with Section 6.39
Accessory uses, buildings and structures in accordance with Section 6.1
10.2 REGULATIONS
10.2.1 LOT AREA, Minimum
40 ha (100 ac)
10.2.2 LOT FRONTAGE, Minimum
122 m (400.3 ft)
10.2.3 FRONT YARD, Minimum
a)
For residential dwellings
20 m (66 ft)
b)
For livestock buildings, structures
20 m (66 ft) minimum or
and manure storages
applicable MDS requirements
whichever is greater
c)
For buildings accessory to dwellings
20 m (66 ft.)
d)
For all other buildings and structures
20 m (66 ft)
accessory excluding livestock facility
e)
A front yard abutting a public street shall be increased by the applicable
distance required by the applicable Road Authority as specified in Section
6.31 of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
84
10.2.4 INTERIOR SIDE YARD, Minimum
a)
For residential dwellings
6 m (19.7 ft)
b)
For buildings accessory to dwellings
6 m (19.7 ft)
(up to 14 sq. metres)
c)
For livestock buildings, structures
18.3 m (60 ft)
and manure storage.
Minimum or applicable MDS
requirements whichever is
greater
d)
For all other buildings and structures
15.2 m (49.9 ft)
accessory excluding livestock facility
(over 14 sq. metres of gross floor area)
10.2.5 EXTERIOR SIDE YARD, Minimum
a)
For residential dwellings
18.3 m (60 ft)
b)
For livestock buildings, structures
18.3 m (60 ft)
and manure storages
Minimum or applicable MDS
requirements whichever is
greater
c)
For all other buildings and structures
18.3 m (60 ft)
accessory excluding livestock facility
(over 14 sq metres of gross floor area)
d)
An exterior side yard for a) and b) above shall be increased by the
applicable distance required by the applicable Road Authority as specified
in Section 6.31 of this By-law.
10.2.6 REAR YARD, Minimum
a)
For residential dwellings
7.5 m (24.6 ft)
b)
For buildings accessory to residential dwellings
6 m (19.7t)
c)
For livestock buildings, structures
18.3 m (60 ft) Min or
and manure storages
applicable MDS
requirements
whichever is greater
d)
For all other buildings and structures excluding
18.3 m (60 ft)
livestock facility
By-law Number 37-2006 (Consolidated April 1, 2017)
85
e)
A rear yard abutting a public street for a) and b) above shall be increased
by the applicable distance required by the applicable Road Authority as
specified in Section 6.31 of this By-law.
10.2.7 LOT COVERAGE, Maximum
15%
10.2.8 RESIDENTIAL DWELLINGS
10.2.8.1
FLOOR AREA, Minimum
Less than two storey
83.6m2 (900 ft2)
Two or more storey
102.2m2 (1100 ft2)
10.2.8.2
BUILDING HEIGHT, Maximum
2.5 storeys
10.3 REDUCED LOT REGULATIONS
Notwithstanding Sections 10.2.1 and 10.2.2, an existing lot of record or lot created by
consent which has a lesser lot area and/or frontage than required shall be permitted the
uses listed in Section 10.1 except as stated in Section 10.4. In order to create a new lot by
consent that has a lesser lot area and/or frontage than required, this By-law must be
amended accordingly.
In all instances, the regulations of Section 10.2 shall apply
excepting however that lots having an area of 2 hectares (5 acres) or less shall be used in
accordance with the following regulations:
10.3.1 LOT AREA, Minimum
0.8 ha (2 ac)
10.3.2 LOT FRONTAGE, Minimum
30.5 m (100.1 ft)
10.3.3 FRONT YARD, Minimum
18.3 m (60 ft)
10.3.4 REAR YARD Minimum
7.5 m (24.6 ft)
10.3.5 INTERIOR SIDE YARD Minimum
3 m (9.8 ft)
10.3.6 EXTERIOR SIDE YARD Minimum
7.5 m (24.6 ft) plus the
distance required by the
applicable Road Authority as
specified in Section 6.31 of
this By-law.
10.3.7 GROUND FLOOR AREA, Minimum
Less than two storey
83.6m2 (900 ft2)
Two or more storey
102.2m2 (1100 ft2)
10.3.8 LOT COVERAGE, Maximum
20%
10.3.9
ACCESSORY BUILDINGS AND
STRUCTURES
Shall be subject to the
applicable regulations of
86
By-law Number 37-2006 (Consolidated April 1, 2017)
Section 6 - General
Provisions of this By-law.
10.4 HOME INDUSTRIES
All applicable requirements including those of Section 6.14 of this By-law must be met.
10.5 HOME OCCUPATIONS
All applicable requirements including those of Section 6.15 of this By-law must be met.
10.6 MINIMUM DISTANCE SEPARATION REQUIREMENTS
The Minimum Distance Separation Requirements - MDS 1 and MDS II - of Section 6.17
of this By-law shall apply to all permitted uses within the Rural Zone.
10.7 SETBACK FOR TEMPORARY PORTABLE ASPHALT PLANT
No Temporary portable asphalt plant shall be situated closer than 304.8 m (1,000 ft) from
an institutional or residential building. A temporary use by-law pursuant to Section 39 of
the Planning Act, RSO 1990, as amended may be required to permit temporary portable
asphalt plants.
10.8 SEASONAL AGRICULTURAL PRODUCE STANDS
Seasonal agricultural produce stands may be permitted in association with an agricultural
use, building or structure subject to the following:
10.8.1 LOT AREA, Minimum
10.1 ha (25 ac)
10.8.2 FLOOR AREA, Maximum
23 m2 (247.6 ft2)
10.8.3 FRONT YARD, Minimum
7.5 m (24.6 ft), plus the applicable
distance required by the applicable Road
Authority as specified in Section 6.31 of this
By-law.
10.8.4 OFF-STREET PARKING SPACES
Driveway entrances shall meet the
requirements of the applicable road authority
in accordance with the applicable regulations
of Section 6.27 of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
87
SECTION 11 - R1 A - UNSERVICED RESIDENTIAL ZONE
11.1 PERMITTED USES
One single detached residential dwelling unit
An accessory Bed and Breakfast establishment (Class 2)
Home Occupation
An accessory apartment dwelling unit within a detached dwelling in accordance with
Section 6.29;
Accessory uses buildings and structures in accordance with Section 6.1
11.2 REGULATIONS
11.2.1 LOT AREA, Minimum
2
2000 m (.5ac)
11.2.2 LOT FRONTAGE, Minimum
30.5 m (100.1ft)
11.2.3 FRONT YARD, Minimum
7.6 m (25 ft) plus any applicable distance
required by the applicable Road Authority as
specified in Section 6.31 of this By-law.
11.2.4 INTERIOR SIDE YARD, Minimum 3 m (9.8 ft)
11.2.5 EXTERIOR SIDE YARD, Minimum 7.6 m (25 ft), plus any applicable distance
required by the applicable Road Authority as
specified in Section 6.31 of this By-law.
11.2.6 REAR YARD, Minimum
9 m (29.5 ft)
11.2.7 BUILDING HEIGHT, Maximum
10.5 m (34.5 ft) or two and a half (2.5) storeys
whichever is greater
11.2.8 LOT COVERAGE, Maximum
30 %
11.2.9 FLOOR AREA, Minimum
Less than two storey
Two or more storey
83.6m2 (900 ft2)
102.2m2 (1100 ft2)
11.3 OTHER PROVISIONS
Off-street parking and accessory uses shall be provided in accordance with the applicable
regulations of Section 6.27. Regulations for an accessory bed and breakfast
establishment and home occupations shall be provided in accordance with the applicable
regulations of Section 6 - General Provisions.
By-law Number 37-2006 (Consolidated April 1, 2017)
88
SECTION 12 - R1 B - RESIDENTIAL ZONE
12.1 PERMITTED USES
One Single detached residential dwelling unit
An accessory Bed and Breakfast establishment (Class 1)
Home Occupation
A Group Home in accordance with Section 6.13
An accessory apartment dwelling unit within a detached dwelling in accordance with
Section 6.29
Accessory uses buildings and structures in accordance with Section 6.1
12.2 REGULATIONS
12.2.1 LOT AREA, Minimum
2
465 m (5000 ft2)
12.2.2 LOT FRONTAGE, Minimum
15 m (50 ft)
12.2.3 FRONT YARD, Minimum
7.6 m (24.9 ft)
12.2.4 INTERIOR SIDE YARD, Minimum
One Storey
More than one Storey
1.2 m (3.9 ft)
1.8 m (5.9 ft)
12.2.5 EXTERIOR SIDE YARD, Minimum 7.6 m (24.9 ft)
12.2.6 REAR YARD, Minimum
7.6 m (24.9 ft)
12.2.7 BUILDING HEIGHT, Maximum
10.5 m (34.5 ft)
12.2.8 LOT COVERAGE, Maximum
40 %
12.2.9 FLOOR AREA, Minimum
Less than two storey
Two or more storey
83.6m2 (900 ft2)
102.2m2 (1100 ft2)
12.3 OTHER PROVISIONS
Off-street parking and accessory uses shall be provided in accordance with the applicable
regulations of Section 6.27 of this By-law. Regulations for an accessory bed and
breakfast establishment and home occupations shall be provided in accordance with the
applicable regulations of Section 6 - General Provisions. No new development shall be
permitted unless such development is serviced by municipal water supply and sanitary
sewers.
By-law Number 37-2006 (Consolidated April 1, 2017)
89
SECTION 13 - R2 - RESIDENTIAL ZONE
13.1 PERMITTED USES
Single detached residential dwelling
Semi-detached residential dwelling
Duplex dwelling
Triplex residential dwelling
Fourplex residential dwelling
Four Unit Street Townhouse
An accessory Bed and Breakfast establishment (Class 2)
Boarding, lodging or rooming establishment not exceeding 5 rooms or dwelling units
for let
Home Occupation
A Group Home in accordance with Section 6.13
An accessory apartment dwelling unit within a detached dwelling in accordance with
Section 6.29;
Accessory uses buildings and structures in accordance with Section 6.1
13.2 REGULATIONS
13.2.1 SINGLE DETACHED RESIDENTIAL DWELLING
13.2.1.1
13.2.1.2
13.2.1.3
13.2.1.4
13.2.1.5
13.2.1.6
13.2.1.7
13.2.1.8
13.2.1.9
LOT AREA, Minimum
LOT FRONTAGE, Minimum
FRONT YARD, Minimum
INTERIOR SIDE YARD, Minimum
One storey
More than one storey
No attached garage
EXTERIOR SIDE YARD, Minimum
REAR YARD, Minimum
BUILDING HEIGHT, Maximum
LOT COVERAGE, Maximum
FLOOR AREA, Minimum
Less than two storey
Two or more storey
465 m2 (5000 ft2)
15 m (50 ft)
7.6 m (25 ft)
1.2 m (4 ft)
1.8 m (6 ft)
3.7 m (12 ft)
on one side
7.6 m (25 ft)
7.6 m (25 ft)
10.5 m (34.5 ft)
40 %
83.6 m2 (900 ft2)
102.2 m2 (1100 ft2)
By-law Number 37-2006 (Consolidated April 1, 2017)
90
13.2.2 SEMI-DETACHED RESIDENTIAL DWELLING
13.2.2.1
LOT AREA, Minimum per dwelling
275 m2 (2960ft2)
13.2.2.2
LOT FRONTAGE, Minimum per dwelling 9 m (29.5 ft)
13.2.2.3
FRONT YARD, Minimum
7.6 m (25 ft)
13.2.2.4
INTERIOR SIDE YARD, Minimum
One storey
1.2 m (4 ft)
More than one storey
1.8 m (6 ft)
No attached garage
3.7 m (12 ft)
Excepting however that the side yard along the common wall
dividing the attached units shall be 0 m (0 ft)
13.2.2.5
EXTERIOR SIDE YARD, Minimum
7.6 m (25 ft)
13.2.2.6
REAR YARD, Minimum
7.6 m (25 ft)
13.2.2.7
BUILDING HEIGHT, Maximum
10.5 m (34.5 ft)
13.2.2.8
LOT COVERAGE, Maximum
45%
13.2.2.9
FLOOR AREA, Minimum
Per dwelling unit
Less than two storey
70 m2 (753.5 ft2)
Two or more storey
92.9 m2 (1000 ft2)
13.2.3 DUPLEX RESIDENTIAL DWELLING
13.2.3.1
LOT AREA, Minimum
550 m2 (5920.3ft2)
13.2.3.2
LOT FRONTAGE, Minimum
18 m (59 ft)
13.2.3.3
FRONT YARD, Minimum
7.6 m (25 ft)
13.2.3.4
INTERIOR SIDE YARD, Minimum
2.4 m (8 ft)
13.2.3.5
EXTERIOR SIDE YARD, Minimum
7.6 m (25 ft)
13.2.3.6
REAR YARD, Minimum
7.6 m (25 ft)
13.2.3.7
BUILDING HEIGHT, Maximum
10.5 m (34.5 ft)
13.2.3.8
LOT COVERAGE, Maximum
45 %
13.2.3.9
FLOOR AREA, Minimum per unit
70 m2 (753.5 ft2)
By-law Number 37-2006 (Consolidated April 1, 2017)
91
13.2.4 TRIPLEX RESIDENTIAL DWELLING
13.2.4.1
LOT AREA, Minimum
13.2.4.2
LOT FRONTAGE, Minimum
13.2.4.3
FRONT YARD, Minimum
13.2.4.4
INTERIOR SIDE YARD, Minimum
13.2.4.5
EXTERIOR SIDE YARD, Minimum
13.2.4.6
REAR YARD, Minimum
13.2.4.7
BUILDING HEIGHT, Maximum
13.2.4.8
LOT COVERAGE, Maximum
13.2.4.9
LOT AREA, Minimum per unit
13.2.5 FOURPLEX RESIDENTIAL DWELLING
13.2.5.1
LOT AREA, Minimum
13.2.5.2
LOT FRONTAGE, Minimum
13.2.5.3
FRONT YARD, Minimum
13.2.5.4
INTERIOR SIDE YARD, Minimum
13.2.5.5
EXTERIOR SIDE YARD, Minimum
13.2.5.6
REAR YARD, Minimum
13.2.5.7
BUILDING HEIGHT, Maximum
13.2.5.8
LOT COVERAGE, Maximum
13.2.5.9
FLOOR AREA, Minimum per Unit
13.2.6 STREET TOWNHOUSE
13.2.6.1
13.2.6.2
13.2.6.3
13.2.6.4
LOT AREA, Minimum
LOT FRONTAGE, Minimum
LOT DEPTH, Minimum
FRONT YARD, Minimum
650 m 2 (6996.8 ft2)
18 m (59 ft)
7.6 m (25 ft)
2.4 m (8 ft)
7.6 m (25 ft)
7.6 m (25 ft)
10.5 m (34.4 ft)
40 %
70 m 2 (753.5 ft2)
650 m 2 (6997 ft2)
18 m (59 ft)
7.6 m (25 ft)
2.4 m (8 ft)
7.6 m (25 ft)
7.6 m (25 ft)
10.5 m (34.4 ft)
40 %
70 m 2 (753.5 ft2)
280 m2 (3014 ft2)
6.5 m (21.3ft)
30.5 m (100 ft)
7.5 m (24.6 ft)
By-law Number 37-2006 (Consolidated April 1, 2017)
92
13.2.6.5
EXTERIOR SIDE YARD, Minimum
7.5 m (24.6 ft)
13.2.6.6
INTERIOR SIDE YARD-
End Unit Minimum
3 m (9.8 ft)
13.2.6.7
REAR YARD, Minimum
7.5 m (24.6 ft)
13.2.6.8
BUILDING HEIGHT, Maximum
10.5 m (34.4 ft)
13.2.6.9
FLOOR AREA, Minimum per Unit
70 m2 (753.5 ft2)
13.3 OTHER PROVISIONS
Off-street parking, Accessory uses, Bed and Breakfast establishment, Home occupations
shall be provided in accordance with the applicable regulations of Section 6 - General
Provisions. No new development shall be permitted within the R2 Zone unless such
development is serviced by municipal water supply and sanitary sewers.
By-law Number 37-2006 (Consolidated April 1, 2017)
93
SECTION 14 - R3 - RESIDENTIAL ZONE
14.1 PERMITTED USES
Apartments
Home Occupation
Street Townhouse
Cluster/Block Townhouse
Accessory uses buildings and structures in accordance with Section 6.1
14.2 REGULATIONS
14.2.1 STREET TOWNHOUSE (EACH RESIDENTIAL DWELLING UNITS)
14.2.1.1
2
LOT AREA, Minimum
232 m (2497.3 ft2)
14.2.1.2
LOT FRONTAGE, Minimum
6.5 m (21.3 ft)
Corner lot residential dwelling unit
14 m (46 ft)
14.2.1.3
FRONT YARD, Minimum
7.6 m (25 ft)
14.2.1.4
INTERIOR SIDE YARD, Minimum (End Unit)
One storey
1.2 m (4 ft)
More than One storey
1.8 m (6 ft)
14.2.1.5
EXTERIOR SIDE YARD, Minimum
7.6 m (25 ft)
14.2.1.6
REAR YARD, Minimum
7.6 m (25 ft)
14.2.1.7
BUILDING HEIGHT, Maximum
10.5m (34.5 ft)
14.2.1.8
FLOOR AREA, Minimum
2
Less than Two storey
83.6 m (900 ft2)
2
Two or more storey
102.2 m (1100 ft2)
14.2.2 CLUSTER TOWNHOUSE RESIDENTIAL DWELLING
14.2.2.1
LOT AREA, Minimum
2
a)
1393.5 m (15,000 ft2) for the first four units
2
b)
264.8 m (2850.4 ft2) for each additional unit thereafter
14.2.2.2
LOT FRONTAGE, Minimum
20.1 m (66 ft)
14.2.2.3
FRONT YARD, Minimum
7.6 m (25 ft)
14.2.2.4
REAR YARD, Minimum
7.6 m (25 ft)
14.2.2.5
INTERIOR SIDE YARD, Minimum
6 m (19.7 ft)
94
By-law Number 37-2006 (Consolidated April 1, 2017)
14.2.2.6
EXTERIOR SIDE YARD, Minimum
7.6 m (25 ft)
14.2.2.7
BUILDING HEIGHT, Maximum
10.5 m (34.5 ft)
14.2.2.8
FLOOR AREA, Minimum
a)
Bachelor/1 bedroom unit
51.1 m2 (550 ft2)
b)
2 bedroom unit
60.4 m2 (650 ft2)
c)
3 bedroom unit
74.4 m2 (801 ft2)
plus 9.3 m2 (100 ft2) for
each bedroom in
excess of three
bedrooms.
14.2.2.9
DISTANCES BETWEEN CLUSTER TOWNHOUSES
A face of a cluster townhouse block means one or the other of the
longest walls of a said building. Each townhouse block shall be
deemed to have two faces. A side of a townhouse block means one
or the other of the shortest walls of a said building. Each townhouse
block shall be deemed to have two sides.
The following provisions shall apply when two or more townhouse
blocks are situated on one lot:
a)
A minimum distance of 18.3 m (60 ft) shall be maintained
between any face of a townhouse block and any face of the
same or another block.
b)
A minimum distance of 12.2 m (40 ft) shall be maintained
between any face of a residential townhouse block and any
side of the same or another block.
c)
A minimum distance of 9.2 m (30.2 ft) shall be maintained
between any side of a residential townhouse block and any
side of the same or another block.
14.2.3 APARTMENTS
14.2.3.1
LOT AREA, Minimum
1161.3 m2 (12,500.5 ft2)
Of lot area for the first 5
units, plus 93 m2.
(1001 ft2) of lot area for
each additional unit.
14.2.3.2
LOT FRONTAGE, Minimum
18 m (59 ft)
14.2.3.3
FRONT YARD, Minimum
7.5 m (24.6 ft)
By-law Number 37-2006 (Consolidated April 1, 2017)
95
14.2.3.4
EXTERIOR SIDE YARD, Minimum 7.5 m (24.6 ft)
14.2.3.5
INTERIOR SIDE YARD, Minimum Half (1/2) the building height
but in no case less than
3 m (9.8 ft)
14.2.3.6
REAR YARD, Minimum
7.5 m (24.6 ft)
14.2.3.7
BUILDING HEIGHT, Maximum
12 m (39.4 ft)
14.2.3.8
LOT COVERAGE, Maximum
45% percent
14.2.3.9
FLOOR AREA Minimum per dwelling Unit
i) Bachelor Unit
37 m2 (398.3 ft2)
ii) One Bedroom Unit
50 m2 (538.2 ft2)
iii) For each additional bedroom
9 m2 (97 ft2)
14.2.3.10
Distances Between Apartment Buildings
A face of an apartment means one or the other of the longest walls
of a said building. Each apartment block shall be deemed to have
two faces. A side of an apartment block means one or the other of
the shortest walls of a said building. Each apartment block shall be
deemed to have two sides.
The following regulations shall apply when two or more apartments
are situated on one lot:
i)
A minimum distance of 18.3 m (60 ft) shall be maintained
between any face of an apartment and any face of the same
or another apartment.
ii)
A minimum distance of 12.2 m (40 ft) shall be maintained
between any face of an apartment and any side of the same
or another apartment.
iii)
A minimum distance of 9.2 m (30.2 ft) shall be maintained
between any side of an apartment and any side of the same
or another apartment.
14.3 GARBAGE STORAGE AREAS
14.3.1
No garbage or refuse shall be stored on any lot in any zone except
within
i) The main building or
ii) Any accessory building or structure on such lot or
By-law Number 37-2006 (Consolidated April 1, 2017)
96
iii) In a container in the side yard or rear yard of such lot; side or
rear yard requirement of applicable zone is 3 m (9.8 ft)
minimum.
14.3.2
All garbage or refuse storage areas, including any garbage loading
or unloading areas, which are visible from an adjoining site in a
residential, commercial, institutional or open space zone, or from a
public street, shall have a visual screen consisting of a fence that is
a minimum of 2 m (6.6 ft) in height; side and rear yard requirements
of applicable Zone.
14.4 OTHER PROVISIONS
Off-street parking and accessory uses and regulations for an accessory home occupation
shall be provided in accordance with the applicable regulations of Section 6 - General
Provisions.
No new development shall be permitted within the R3 zone unless such development is
serviced by municipal water supply and sanitary sewers.
By-law Number 37-2006 (Consolidated April 1, 2017)
97
SECTION 15 - ER - ESTATE RESIDENTIAL ZONE
15.1 PERMITTED USES
One single detached residential dwelling unit
Home Occupation
Home Industry
An accessory apartment dwelling unit within a detached dwelling in accordance with
Section 6.29;
Accessory uses buildings and structures in accordance with Section 6.1
15.2 REGULATIONS
15.2.1 LOT AREA, Minimum
1.5 ac
15.2.2 LOT FRONTAGE, Minimum
100 ft
15.2.3 FRONT YARD, Minimum
9m (30 ft) plus any applicable distance
required by the applicable Road Authority as
specified in Section 6.31 of this By-law.
15.2.4 INTERIOR SIDE YARD, Minimum 6 m (19.68 ft)
15.2.5 EXTERIOR SIDE YARD, Minimum 7.6m (25 ft), plus any applicable distance
required by the applicable Road Authority as
specified in Section 6.31 of this By-law.
15.2.6 REAR YARD, Minimum
9 m (30 feet)
15.2.7 BUILDING HEIGHT, Maximum
10.5 m (34.4 ft)
15.2.8 LOT COVERAGE, Maximum
20 %
15.2.9 FLOOR AREA, Minimum
Less than two storey
Two or more storey
83.6m2 (900 ft2)
102.2m2 (1100 ft2)
15.3 OTHER PROVISIONS
Off-street parking, accessory uses and home occupation shall be provided in accordance
with the applicable regulations of Section 6- General Provisions.
By-law Number 37-2006 (Consolidated April 1, 2017)
98
SECTION 16- MH - MOBILE HOME PARK ZONE
16.1 PERMITTED USES
Mobile home park including park offices
A Mobile home site within a mobile home park
A Mobile home on a mobile home site
Accessory uses, buildings and structures including recreational uses
One single family detached dwelling for a caretaker
Home occupation or home industries are not permitted uses
16.2 REGULATIONS
Within any MH Zone, no land shall be used and no building or structure shall be erected,
altered or used except in conformity with the following regulations:
16.2.1 MOBILE HOME PARK
16.2.1.1
LOT AREA, Minimum
10 ha (25 ac)
16.2.1.2
LOT FRONTAGE, Minimum
180 m (591 ft)
16.2.2 Mobile Home Site
Each mobile home shall be located on a Mobile Home Site, which shall conform to
the following:
16.2.2.1
SITE FRONTAGE, Minimum
12 m (39.4 ft)
16.2.2.2
SITE AREA, Minimum
372 m2 (4004.3 ft2)
16.2.2.3
FLOOR AREA, Minimum
55 m2 (592 ft2)
16.2.3 MINIMUM SETBACKS
No mobile home shall be located within 1.5 m (4.9 ft) of any limit of a Mobile Home
Site nor within 3 m (9.8 ft) of the limit of any internal road in the Mobile Home Park,
nor within 6 m (19.6 ft) of any boundary of a Mobile Home Park nor within 7.6 m
(25 ft) of a public street.
16.2.4 SERVICES
Each Mobile Home shall be connected to command water distribution system and
sanitary treatment system.
16.2.5 ACCESS
Each Mobile Home Site shall have access to a public street directly or by means of
a driveway, which has been approved by the Municipality and which, has a
minimum width of 6 m (19.7 ft) for one-way traffic flow, or 10 m (32.8 ft) for two way
traffic flow.
By-law Number 37-2006 (Consolidated April 1, 2017)
99
16.2.6 OFF-STREET PARKING
A minimum of one off-street parking space shall be provided for each Mobile Home
Site.
16.2.7 ACCESSORY BUILDING
One accessory building, not exceeding 8 m2 (86.1 ft2), may be located to the rear
of the Mobile Home on each Mobile Home Site.
Note: Mobile Home Park may have its own regulations separate from and including
setbacks which may be more restrictive than the individual zone regulations.
16.2.8 GARBAGE STORAGE AREAS
Garbage storage areas shall be subject to the applicable regulations of Section
6.11 of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
100
SECTION 17- C1 - GENERAL COMMERCIAL ZONE
17.1 PERMITTED USES
Antique Store
Arcade
Art Gallery
Artisan's market
Bus Depot
Bake Shop
Business or Professional Office
Commercial School or Studio
Companion Animal Office
Cultural Entertainment Facility
Financial Office
Funeral Homes
Hotel
Library
Medical Clinic
Museum
Personal Service Shop
Places of Entertainment
Print Shop
Private or Commercial Club
Restaurants (Dining, Take-out)
Retail Food Store
Retail Store
Park
Parking Lots
Public Building
Public Uses
Service or Repair Shop
Tavern
Accessory Uses, Buildings or Structures in accordance with Section 6.1
Accessory Residential Dwelling Units
17.2 REGULATIONS
17.2.1 LOT AREA, Minimum
None
17.2.2 LOT FRONTAGE, Minimum
None
17.2.3 FRONT YARD, Minimum
None
By-law Number 37-2006 (Consolidated April 1, 2017)
101
17.2.4 INTERIOR SIDE YARD, Minimum
17.2.5 EXTERIOR SIDE YARD, Minimum
17.2.6 REAR YARD, Minimum
17.2.7 BUILDING HEIGHT, Maximum
17.3 ACCESSORY RESIDENTIAL USES
None, except where a C1 Zone is
abutting a Residential Zone, the
minimum interior side yard shall be 3
m (9.8 ft)
None
3 m (9.8 ft)
12 m (39.4 ft)
A permitted commercial use or building may contain one or more accessory residential
dwelling units subject to the following:
a)
Each residential dwelling unit, accessory to a permitted commercial use or
building, shall be located above or to the rear of the main commercial use.
b)
Each accessory residential dwelling unit shall not occupy any more than fifty
percent (50%) of the ground floor area of a main commercial use.
c)
Each accessory residential dwelling unit shall have a minimum floor area of
50.0 m2 (538.2 ft2).
e)
Each accessory residential dwelling unit shall be completely self-contained.
f)
Each accessory residential dwelling unit shall have a separate and direct means of
access to a public street or lane via halls and /or stairs and/or across the subject
property.
g)
Each accessory residential unit shall be provided with a minimum of one off-street
parking space.
17.4 OTHER PROVISIONS
Off-street parking and accessory uses, buffer area/strip, garbage storage areas and
regulations for an accessory home occupation shall be provided in accordance with the
applicable regulations of Section 6- General provisions of this By-law.
17.5 EXCEPTIONS
Off-street parking requirements are not applicable to commercial uses within C1 Zone. As
an alternative Council may require an agreement, and a cash-in-lieu payment in
accordance with Section 40 of the Planning Act.
By-law Number 37-2006 (Consolidated April 1, 2017)
102
SECTION 18 - C2 - HIGHWAY COMMERCIAL ZONE
18.1 PERMITTED USES
Auction Sales Arena
Automotive Sales and Service Establishment
Automotive Service Station
Automotive Washing Establishment
Banquet Hall
Beer Store
Boat Sales, storage and Service Establishment
Building Supply Outlet
Bulk Sales Establishment
Bus Depots
Church/ Place of Worship
Commercial Nursery or Greenhouse
Convenience Store
Dry Cleaning Depot
Equipment Sales, Rental and Leasing Outlet
Farm Implement Sales and Service Outlet
Farmer's Market
Flea Market
Gas Bar
Garden Centre
Hotel
Motel, Motor Hotel
Parking Area
Parking Lot
Public Uses
Public Buildings
Recreational Trailer Sales and Service Establishment
Rental Outlet
Restaurants (Dining, Drive-In, Drive-Thru, Take-Out)
Service or Repair Shop
Veterinarian Clinic
U-Brew Establishment
Wholesale Outlets
Accessory Uses, Buildings and Structures in accordance with Section 6.1
Accessory Residential Dwelling Unit except in conjunction with an automotive use
Incidental assembly and processing of products to be sold on site which are secondary
to the main commercial function.
By-law Number 37-2006 (Consolidated April 1, 2017)
103
18.2 REGULATIONS
18.2.1 LOT AREA, Minimum
2
557.4 m (6,000 ft2)
18.2.2 LOT FRONTAGE, Minimum
18 m (59 ft)
18.2.3 FRONT YARD, Minimum
7.6 m (25 ft) plus any applicable distance
required by the applicable road authority as
specified in Section 6.31 of this By-law.
18.2.4. INTERIOR SIDE YARD, Minimum
3 m (9.8 ft)
18.2.5 EXTERIOR SIDE YARD, Minimum 7.6 m (25 ft) plus any applicable distance
required by the applicable road authority as
specified in Section 6.31 of this By-law.
18.2.6 REAR YARD, Minimum
7.6 m (25 ft)
18.2.7 BUILDING HEIGHT, Maximum
12.5 m (41 ft)
18.2.8 LOT COVERAGE, Maximum
40 %
18.2.9 ACCESSORY RESIDENTIAL USE
A permitted commercial use or building may contain one accessory residential dwelling
units subject to the following:
a)
The accessory residential dwelling unit shall be located above or to the rear of the
main commercial use.
b)
The accessory residential dwelling unit shall not occupy any more than fifty percent
(50%) of the ground floor area of a main commercial use.
c)
The accessory residential dwelling unit shall have a minimum floor area of 50 m2
(538.2 ft2).
d)
The accessory residential unit shall be provided with a minimum of one off-street
parking space which is on the same lot as the accessory residential unit.
18.3 OTHER PROVISIONS
Regulations for off-street parking, loading spaces, buffer areas/strips, garbage storage
areas, outdoor display and outdoor storage areas are subject to the applicable regulations
of Section 6-General Provisions of this By-law.
18.4 SPECIFIC REGULATIONS FOR AUTOMOTIVE SERVICE STATION;
AUTOMOTIVE WASHING ESTABLISHMENT OR GAS BAR
18.4.1 LOT AREA, Minimum
1393.5 m2 (15,000 ft2)
18.4.2 LOT FRONTAGE, Minimum
30.5 m (100 ft)
104
By-law Number 37-2006 (Consolidated April 1, 2017)
18.4.3 FRONT YARD, Minimum
7.6 m (24.9 ft) plus any applicable distance
required by the applicable road authority as
specified in Section 6.31 of this By-law.
18.4.4 INTERIOR SIDE YARD, Minimum 4.5 m (14.8 ft)
18.4.5 EXTERIOR SIDE YARD, Minimum 7.6 m (24.9 ft) plus any applicable distance
required by the applicable road authority as
specified in Section 6.31 of this By-law.
18.4.6 REAR YARD, Minimum
7.6 m (25 ft)
18.4.7 BUILDING HEIGHT, Maximum
12.5 m (41 ft)
18.4.8 LOT COVERAGE, Maximum
40 %
18.4.9 FUEL PUMP ISLANDS/GAS KIOSKS
a)
Minimum Building Setback is 7.6 m (25 ft) from the front lot line. No fuel
pump island, gas bar kiosk is to be located within the required Sight triangle
established by Section 6.7 this By-law.
b)
Despite the above, canopies over pump islands and underground storage
tanks are allowed to project 1.5 m (5 ft) from the Street Line.
18.4.10 ACCESSORY RESIDENTIAL UNITS
Notwithstanding any other provisions of this By-law to the contrary, accessory
dwelling units are not permitted in association with an automotive service station,
automotive washing establishment or gas bar.
18.4.11 REGULATIONS FOR ACCESS
Any point of ingress and egress to an automotive service stations, automotive
washing establishment or gas bar shall not be located within 9 m (29.5 ft) of a
street intersection, as measured at the curb line.
18.4.12 OTHER PROVISIONS
Regulations for off-street parking, buffer areas/strips, outdoor display and storage
areas, Street Setback, Accessory Buildings are subject to the applicable
regulations of Section 6-General Provisions of this By-law.
18.5 REGULATIONS FOR HOTELS, MOTELS AND MOTOR HOTELS
18.5.1 LOT AREA, Minimum
1393.5 m2 (15,000 ft2)
18.5.2 LOT FRONTAGE, Minimum
30.5 m (100 ft)
By-law Number 37-2006 (Consolidated April 1, 2017)
105
18.5.3 FRONT YARD, Minimum
7.6 m (25 ft) plus any applicable
distance required by the applicable
Road authority as specified in
Section 6.31 of this By-law.
18.5.4 INTERIOR SIDE YARD, Minimum
Half (½) the building height but in no
case less than 3 m (9.8 ft)
18.5.5 EXTERIOR SIDE YARD, Minimum
7.6 m (25 ft) plus any applicable
distance required by the applicable
road authority as specified in Section
6.31 of this By-law.
18.5.6 REAR YARD, Minimum
7.6 m (25 ft)
18.5.7 BUILDING HEIGHT, Maximum
12.5 m (41 ft)
18.5.8 LOT COVERAGE, Maximum
40 %
18.5.9 OTHER PROVISIONS
Regulations for off-street parking, street setbacks, buffer areas, landscaped
areas, garbage storage areas are subject to the applicable regulations of Section
6 General Provisions of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
106
SECTION 19 - C3 - NEIGHBOURHOOD COMMERCIAL ZONE
19.1 PERMITTED USES
Convenience Store
Day Nursery
Neighbourhood Store
Personal Service Shops
Accessory Uses, Buildings and Structures to the above permitted uses
Accessory Residential Dwelling Units
19.2 REGULATIONS
19.2.1 LOT AREA, Minimum
557.4 m2 (6000 ft2)
19.2.2 LOT FRONTAGE, Minimum
18 m (59 ft)
19.2.3 FRONT YARD, Minimum
7.5 m (24.6 ft)
19.2.4 INTERIOR SIDE YARD, Minimum
3 m (9.8 ft)
19.2.5 EXTERIOR SIDE YARD, Minimum
7.5 m (24.6 ft)
19.2.6 REAR YARD, Minimum
7.5 m (24.6 ft)
19.2.7 LOT COVERAGE, Maximum
40%
19.2.8 GROUND FLOOR AREA, Minimum
80 m2 (861 ft2)
19.2.9 BUILDING HEIGHT, Maximum
12 m (39.4 ft)
19.2.10 ACCESSORY RESIDENTIAL USES
A permitted commercial use or building may contain one or more accessory
residential dwelling units subject to the following:
a)
Each residential dwelling unit, accessory to a permitted commercial use or
building, shall be located above or to the rear of the main commercial use.
b)
Each accessory residential dwelling unit shall not occupy any more than
fifty percent (50%) of the ground floor area of a main commercial use.
c)
Each accessory residential dwelling unit shall have a minimum floor area of
50 m2 (538.2 ft2).
d)
Each accessory residential dwelling unit shall be completely self-contained.
e)
Each accessory residential dwelling unit shall have a separate and direct
means of access to a public street or lane.
By-law Number 37-2006 (Consolidated April 1, 2017)
107
f)
Each accessory residential unit shall be provided with a minimum of one
off-street parking space which is on the same lot as the accessory
residential unit.
19.2.11 OTHER PROVISIONS
a)
Buffer Area/ Strips will be required where a C3 Zone directly abuts a
Residential Zone as established by the applicable regulations of Section
6.3 of this By-law.
b)
No outdoor storage or outdoor display areas shall be permitted.
c)
Off-street parking requirements shall be provided in accordance with the
applicable regulations of Section 6.27 of this By-law.
d)
Accessory uses are subject to the applicable regulations of Section 6
General Provisions of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
108
SECTION 20 - C4 - SPACE EXTENSIVE COMMERCIAL ZONE
20.1 PERMITTED USES
No land shall be used, and no building or structure shall be altered, constructed or used
except for one or more of the following:
Automotive Washing Establishment
Automotive Sales and Service Establishment
Beer Store/ U-Brew Establishment
Building Supply Outlet
Contractor's Yard
Gas bar
Hardware Store
Parking Area
Personal Service Shop
Restaurant
Shopping centre
Shopping mall
Accessory automotive service station
Accessory uses, buildings and structures in accordance with Section 6.1
20.2 REGULATIONS
Within any C4 Zone, no land shall be used and no building or structure shall be altered,
constructed or used except in accordance with the following:
20.2.1 LOT AREA, Minimum
2.3 ha (5.7ac)
20.2.2 LOT FRONTAGE, Minimum
60 m (197 ft)
20.2.3 FRONT YARD, Minimum
7.5 m (24.6 ft)
20.2.4 EXTERIOR SIDE YARD, Minimum
7.5 m (24.6 ft)
20.2.5 INTERIOR SIDE YARD, Minimum
6 m (19.7 ft)
20.2.6 REAR YARD, Minimum
6 m (19.7 ft)
20.2.7 BUILDING HEIGHT, Maximum
10.5 m (34.4 ft)
20.2.8 BUILDING FLOOR AREA, Minimum
3,720 m2 (40,043.1 ft2)
20.2.9 FLOOR AREA per Commercial Unit, Maximum 2,080 m2 (22,389.7 ft) or
half (½) of the total building
floor area whichever is greater
By-law Number 37-2006 (Consolidated April 1, 2017)
109
20.3 OTHER PROVISIONS
Accessory uses, off-street parking, loading, buffer areas/strips, garbage storage areas,
shall be provided in accordance with the applicable regulations of Section 6 - General
Provisions.
20.4 EXCEPTIONS
No accessory building shall be located within 1.5 m (5 ft) of any property line.
NOTE: A site plan in accordance with Section 41 of the Planning Act may be
required as a condition of new development in the C4 zone.
By-law Number 37-2006 (Consolidated April 1, 2017)
110
SECTION 21- C5 - HAMLET COMMERCIAL ZONE
21.1 PERMITTED USES
Antique Store/Market
Automobile Service Station
Business or Professional Office
Church/Place of Worship
Commercial or Private Club
Companion Animal Hospital
Convenience Store
Day Nursery
Farmer's Market
Financial Office
Gas Bar
Medical Clinic
Motel
Parking Area
Personal Service Shop
Place of Entertainment
Place of Recreation
Public Building
Public Uses
Restaurant (Dining, Drive-in, Drive-Thru, Take-Out)
Retail Store
Service or Repair Shops
Accessory residential dwelling unit
Accessory uses buildings and structures to the above permitted uses.
21.2 REGULATIONS
21.2.1 LOT AREA, Minimum
0.4 ha (1 ac)
21.2.2 LOT FRONTAGE, Minimum
30 m (98.4 ft)
FRONT YARD, Minimum
7.5 m (24.6ft) plus any applicable
distance required by the applicable road
authority as specified in Section 6.31 of
this By-law.
21.2.4 INTERIOR SIDE YARD, Minimum
3 m (9.8 ft) or 4.5m (14.8 ft) abutting any
residential zone.
21.2.5 EXTERIOR SIDE YARD, Minimum 7.5 m (24.6 ft) plus any applicable distance
required by the applicable road authority as
specified in Section 6.31 of this By-law.
21.2.6 REAR YARD, Minimum
7.5 m (24.6 ft)
By-law Number 37-2006 (Consolidated April 1, 2017)
111
21.2.7 LOT COVERAGE, Maximum
40%
21.2.8 BUILDING HEIGHT, Maximum
12 m (39.4 ft)
21.2.9 ACCESSORY RESIDENTIAL USES
21.2.9.1 APARTMENTS:
Subject to the regulations as specified in
Section 16.3 and Section 17.4.10 of this By
law.
21.2.9.2 SINGLE-DETACHED RESIDENTIAL DWELLING:
a)
Subject to the yard setbacks of Section 21.2 of this By-law
b)
Building Height, Maximum
10.5 m (34.4 ft)
c)
Floor Area, Minimum 102.2 m2 (1,100 sq 2)
21 .3 OTHER PROVISIONS
a)
A Buffer Area/Strip shall be required where a C5 Zone directly abuts a
Residential Zone subject to applicable regulations of Section 6.3 of this By
law.
b)
No outdoor storage or outdoor display areas shall be permitted.
c)
Off-street parking shall be in accordance with the applicable regulations of
Section 6.27 of this By-law.
d)
Garbage Storage Areas shall be provided in accordance with the applicable
regulations as specified in Section 6.11 of this By-law.
e)
Off street parking shall be provided in accordance with Section 6.27
By-law Number 37-2006 (Consolidated April 1, 2017)
112
SECTION 22 - MU1 - MIXED USE ZONE
22.1 PERMITTED USES
Within any MU1 ZONE, no land shall be used and no building or structure shall be
constructed, altered or used except for one or more of the following uses:
Any use permitted in the R2 Zone subject to the applicable regulations of that Zone
(excluding a new single detached dwelling).
Any use permitted in the R3 Zone subject to the applicable regulations of that Zone.
Any of the following uses subject to the C1 Central Commercial Zone regulations:
Business or Professional Office
Church (subject to the IN institutionalized Zone regulations)
Commercial School or Studio
Financial Office
Funeral home (subject to the regulations of the C2 Highway Commercial Zone)
Library
Medical Clinic
Parking Lots
Personal Service Shop
Private or Commercial Club
Public Uses Buildings
Service or Repair Shop, but not including small engine repair or service
Any of the following uses subject to the C3 Neighbourhood Commercial Zone
regulations:
Convenience store
Neighbourhood store
Day Nursery
A Home for the Aged, Rest Home, Nursing Home subject to the regulations
of the Institutional Zone
Accessory uses, buildings or structures in accordance with Section 6.1
22.2 DWELLING UNITS ACCESSORY TO A COMMERCIAL USE
Subject to the C1 Zone regulations as specified in Section 16.3 of this By-law.
22.3 OTHER PROVISIONS
Accessory uses, off-street parking, off-street loading, buffer areas and garbage storage
areas shall be provided in accordance with the applicable regulations of Section 6
General Provisions, except that no accessory building for Commercial or Institutional uses
shall be located within 1.5 m (5 ft) of any property line.
By-law Number 37-2006 (Consolidated April 1, 2017)
113
SECTION 23 - C6 - RURAL COMMERCIAL ZONE
PERMITTED USES
Agriculturally related Commercial or Industrial use
Agricultural products Processing, Storing and Sales, but not including abattoirs
Companion Animal Office
Commercial Greenhouse and/or Nursery
Equipment sales, service and rental business
Farm Implement Sales and Service
Farm Supply Outlet
Farm Produce Sales Outlet
Fertilizer Processing Establishments
Grain Drying Establishments
Livestock Yards
Veterinarian Clinic
Accessory residential dwelling unit
Accessory Uses, Buildings and Structures in accordance with Section 6.1
Warehouse
Water taking, water processing, water bottling plants
23.2 REGULATIONS
23.2.1 LOT AREA, Minimum
.4 ha (1 ac)
23.2.2 LOT FRONTAGE, Minimum
61 m (200 ft)
23.2.3 FRONT YARD, Minimum
7.5 m (24.6 ft) plus any applicable distance
required by the applicable road authority as
specified in Section 6.31 of this By-law.
23.2.4 INTERIOR SIDE YARD, Minimum
6 m (19.7 ft); 12 m (39.4 ft) abutting any
residential zone.
23.2.5 EXTERIOR SIDE YARD, Minimum 7.5 m (24.6 ft) plus any applicable distance
23.2.6 REAR YARD, Minimum
23.2.7 LOT COVERAGE, Maximum
23.2.8 SETBACK FROM RESIDENTIAL
required by the applicable road authority as
specified in Section 6.31 of this By-law.
7.5 m (24.6 ft) plus any applicable distance
required by the applicable road authority as
specified in Section 6.31 of this By-law.
30% for the main building
No Agricultural Commercial use, including
outdoor storage and display areas shall be
located within 60 m (197 ft) of a residence on
an adjacent lot.
By-law Number 37-2006 (Consolidated April 1, 2017)
114
23.2.9 MAXIMUM GROSS FLOOR AREA Maximum gross floor area of the main
building shall not exceed 250 sq metres.
23.3 ACCESSORY RESIDENTIAL USES
A single detached residential use in compliance with the following:
a)
Subject to the yard setbacks of Section 23.2.8 of this By-law
b)
Building Height, Maximum
10.5 m (34.5 ft)
c)
Floor Area, Minimum
102.2 m2 (1,100 sq 2)
23.4 MINIMUM DISTANCE SEPARATION REQUIREMENTS
The minimum distance separation requirements - MDS 1 and MDS II - of Section 6.17
shall apply to all permitted uses within the Zone.
23.5 OTHER PROVISIONS
a)
Buffer Areas/Strips will be required where an Agricultural Commercial Zone directly
abuts a Residential Zone subject to the regulations of Section 6.3 of this By-law.
b)
Off-street parking requirements shall be in accordance with the regulations of
Section 6.27 of this By-law.
c)
Regulations for Garbage Storage Areas, outdoor display areas and outdoor storage
areas shall be provided in accordance with the applicable General Provisions of
Section 6 of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
115
SECTION 24 - M1 - INDUSTRIAL ZONE
24.1 PERMITTED USES
Any manufacturing, processing, assembly, repair, fabricating, milling except for a
motor vehicle recycling and salvage or wrecking facility, junk or scrap yard, fertilizer
manufacturer, abattoir, rendering plant or any use considered offensive by the Public
Health Act
Auto Body Repair Shop
Bakery
Brewery and Retail Outlet
Builder or Contractor's Yard
Building Supply Outlet
Bulk Fuel Depot
Bulk Sales Establishment
Business or Professional Office
Cold Storage Business
Custom Workshop
Dry Cleaning Plant
Farm Machinery Sales and Service
Feed Mill, Seed plant, Grain Elevator
Heavy Equipment Sales and Rental
Industrial Mall
Mini-Storage Facility
Parking Area
Parking Lot
Printing Establishment
Public Works Yard
Rental Outlet
Research and Laboratory Facilities
Service Industry
Service or Repair Shop
Transport Establishment
Warehouse
Water Treatment Facility
Wholesale Outlet
Accessory Uses, Buildings and Structures in accordance with Section 6.1, including
cafeteria factory outlet, storage yards, showrooms and places of recreation
24.2 REGULATIONS
24.2.1 LOT AREA, Minimum
929 m2 (10,000 ft2)
24.2.2 LOT FRONTAGE, Minimum
20 m (65.6 ft)
24.2.3 FRONT YARD, Minimum
7.5 m (24.6 ft)
By-law Number 37-2006 (Consolidated April 1, 2017)
116
24.2.4 INTERIOR SIDE YARD, Minimum
24.2.5 EXTERIOR SIDE YARD, Minimum
24.2.6 REAR YARD, Minimum
24.2.7 LOT COVERAGE, Maximum
24.2.8 BUILDING HEIGHT-Maximum
24.3 PARKING SPACE REGULATION - VISITOR
3 m (9.8 ft); 9.2 m (30.2 ft) where an
M1 Zone abuts any residential zone.
7.5 m (24.6 ft)
7.5 m (24.6 ft); 9.2 m (30.2 ft) where
an M1 Zone abuts any residential
zone.
60%
12 m (39.4 ft)
In addition to the required number of parking spaces set out in Section 6.27, a maximum
of three visitor parking spaces for passenger vehicles may be provided in the required
front yard for the first 15 m (49.2 ft) of front wall of the principal building plus one additional
visitor parking space for each additional 7.5 m (24.6 ft) of front wall in excess of the first 15
m (49.2 ft).
24.4 ACCESSORY RETAIL USE
Accessory retailing of products shall be permitted subject to the following regulations:
a)
A maximum of 25% of the gross floor area is used within
i)
The main industrial building, or
ii)
Each individual unit in an industrial mall.
b)
The products to be sold must be produced on the site.
24.5 OTHER PROVISIONS
a)
A Buffer Area/Strips shall be required where a M1Zone directly abuts any
Residential Zone subject to the applicable regulations of Section 6.3 of this By-law.
b)
Loading requirements shall be in accordance with the applicable regulations of
Section 6.16 of this By-law.
c)
Outdoor storage areas shall be in accordance with the applicable regulations
of
Section 6.26 of this By-law.
d)
Garbage Storage Areas shall be provided in accordance with the applicable
regulations of Section 6.11 of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
117
SECTION 25 - M2 - RESTRICTED INDUSTRIAL ZONE
25.1 PERMITTED USES
Bakeries
Building Supply Outlet
Bulk Sales Establishment
Business or Professional Office
Cold Storage Business
Custom Workshop
Dry Cleaning Plant
Heavy Equipment Sales and Rental
Industrial Mall
Mini-Storage Facility
Parking Area
Parking Lot
Rental Outlet
Research and Laboratory Facilities
Self Serve Storage Building
Service Industry
Service or Repair Shop
Printing Establishment
Warehouse
Wholesale Outlet
Accessory Uses, Buildings and Structures in accordance with Section 6.1, including
cafeteria factory outlet, storage yards, showrooms and places of recreation
25.2 REGULATIONS
25.2.1 LOT AREA, Minimum
929 m2 (10,000 ft2)
25.2.2 LOT FRONTAGE, Minimum
20 m (65.6 ft)
25.2.3 FRONT YARD, Minimum
7.5 m (24.6 ft)
25.2.4 INTERIOR SIDE YARD, Minimum
3 m (9.8 ft); 9.2 m (30.2 ft) where an
M2 Zone abuts any residential zone.
25.2.5 EXTERIOR SIDE YARD, Minimum
7.5 m (24.6 ft)
25.2.6 REAR YARD, Minimum
7.5 m (24.6 ft); 9.2 m (30.2 ft) where
an M2 Zone abuts any residential
zone.
25.2.7 LOT COVERAGE, Maximum
60%
25.2.8 BUILDING HEIGHT-Maximum
12 m (39.4 ft)
By-law Number 37-2006 (Consolidated April 1, 2017)
118
25.3 PARKING SPACE REGULATION - VISITOR
In addition to the required number of parking spaces set out in Section 6.27, a maximum
of three visitor parking spaces for passenger vehicles may be provided in the required
front yard for the first 15 m (49.2 ft) of front wall of the principal building plus one additional
visitor parking space for each additional 7.5 m (24.6 ft) of front wall in excess of the first 15
m (49.2 ft).
25.4 ACCESSORY RETAIL USE
Accessory retailing of products shall be permitted subject to the following regulations:
a) A maximum of 25% of the gross floor area is used within
i)
The main industrial building, or
ii)
Each individual unit in an industrial mall.
b) The products to be sold must be produced on the site.
25.5 OTHER PROVISIONS
a)
A Buffer Area/Strips shall be required where a M2 Zone directly abuts any Residential
Zone subject to the applicable regulations of Section 6.3 of this By-law.
b)
Loading requirements shall be in accordance with the applicable regulations of
Section 6.16 of this By-law.
c)
Outdoor storage areas shall be in accordance with the applicable regulations of
Section 6.26 of this By-law.
d)
Garbage Storage Areas shall be provided in accordance with the applicable
regulations of Section 6.11 of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
119
SECTION 26 - M3 - RURAL INDUSTRIAL ZONE
26.1 PERMITTED USES
Automotive Body Repair Shop
Automotive Service Station
Builders or Contractors Professional Office
Builders or Contractors Yard
Business or Professional Office
Construction Company
Custom Workshop
Dry Industry
Existing Agricultural uses
Feed Mill, Seed Plant, Grain Elevator
Mini-storage Establishment
Parking Area Lot
Public Building
Public Uses
Public Works Yard
Service or Repair Shop
Service Industry
Septic Tank Service
Transport Establishment
Warehouse
Well Driller
Wholesale Outlet
Accessory Uses, Buildings and Structures in accordance with Section 6.1, including
offices, cafeteria, factory outlet, storage yards, showrooms and places of recreation
Storage industry
26.2 REGULATIONS
26.2.1 LOT AREA, Minimum
.4 ha (1 ac)
26.2.2 LOT FRONTAGE, Minimum
30 m (98.4 ft)
26.2.3 FRONT YARD, Minimum
7.5 m (24.6 ft) plus any applicable distance
required by the applicable road authority as
specified in the applicable regulations in
Section 6.31 of this By-law.
26.2.4 INTERIOR SIDE YARD, Minimum 3 m (9.8 ft); 9.2m (30.2 ft) where a Rural
Industrial Zone abuts any residential zone.
By-law Number 37-2006 (Consolidated April 1, 2017)
120
26.2.5 EXTERIOR SIDE YARD, Minimum 7.5 m (24.6 ft) plus any applicable distance
required by the applicable road authority as
specified in the applicable regulations in
Section 6.31 of this By-law.
26.2.6 REAR YARD, Minimum
7.5 m (24.6 ft); 9.2m (30.2 ft) where a RuraI
Industrial Zone abuts any residential zone.
26.2.7 LOT COVERAGE, Maximum
30%
26.2.8 BUILDING HEIGHT, Maximum
12 m (39.4 ft)
26.2.9 RESIDENTIAL SETBACKS
No industrial activity including outdoor
storage areas shall be located within 60 m
(197 ft) of a residence on an abutting lot.
26.2.10 MAXIMUM GROSS FLOOR AREA Maximum gross floor area of the main
building shall not exceed 250 sq. metres
26.3 OTHER PROVISIONS
26.3.1
BUFFER AREA AND LANDSCAPED AREA
a)
Buffer area/strip shall be provided adjacent to every lot line that abuts any
other zone in accordance with the applicable regulations required by
Section 6.3 of this By-law.
b)
A landscaped area of 1.5 m (5 ft) in depth shall be provided across the
entire frontage of the lot adjacent to the front lot line, or street line, except
for areas of ingress and egress.
c)
Garbage Storage Areas shall be provided according to the regulations
required by Section 6.11 of this By-law.
26.3.2 OUTDOOR STORAGE
Outdoor storage of goods, material, or supplies, will be permitted subject to the
regulations as specified in Section 6.26 of this By-law.
26.4 ACCESSORY RETAIL USE
Accessory retailing of products shall be permitted subject to the following regulations:
a)
A maximum of 25% of the gross floor area is used within
i)
The main industrial building, or
ii)
Each individual unit in an industrial mall.
b)
The products to be sold must be produced on the site.
By-law Number 37-2006 (Consolidated April 1, 2017)
121
SECTION 27 - M4 - EXTRACTIVE INDUSTRIAL ZONE
27.1 PERMITTED USES
A licensed extractive pit or quarry under the Aggregate Resources Act, as amended
from time to time
Asphalt Plant
Aggregate Transfer Station
Concrete Plant
Processing or extracted materials within a permitted licensed pit or quarry including
screening, sorting, working, crushing, storing and other similar operations.
Rehabilitation to permit agricultural uses
Accessory uses, buildings and structures in accordance with Section 6.1
27.2 REGULATIONS
27.2.1 LOT AREA, Minimum
2 ha (4.9 ac)
27.2.1 LOT FRONTAGE, Minimum
30 m (98.4 ft)
27.3 SETBACKS
a)
No building, structure, plant or product stockpile shall be located on the pit site
within 30 m (98.4 ft) of any zone boundary, nor within 100 m (328 ft) of the
boundary of any Residential use or Zone on adjacent property.
b)
No pitface or quarry excavation shall be located closer than 30 m (98.4 ft) from a
public road allowance or closer than 15 m (49.2 ft) of a zone boundary. The
stockpiling of berm material containing only topsoil and overburden material is
permissible within the required pitface/excavation setback area.
By-law Number 37-2006 (Consolidated April 1, 2017)
122
SECTION 28 - I - INSTITUTIONAL ZONE
28.1 PERMITTED USES
Institutional uses
Medical Clinic
Day Nursery
Home for the Aged
Rest Home
Hospital
Nursing Home
Places of Worship
School
Public Buildings
Private Clubs
Accessory uses, buildings and structures in accordance with Section 6.1, including
auditoriums and assembly halls.
28.2 REGULATIONS
28.2.1 LOT AREA, Minimum
With full municipal services
615 m2 (6620 ft2)
With private services
0.4 ha (1 ac)
28.2.2 LOT FRONTAGE, Minimum
With full municipal services
20 m (65.6 ft)
With private services
30 m (98.4ft)
FRONT YARD, Minimum
7.5 m (24.6 ft) plus any applicable
distance required by the applicable
Road authority regulations as
specified in Section 6.31 of this By
law.
INTERIOR SIDE YARD, Minimum
½ (half) the Building height; where ½
(half) the building height is less than 3
m (9.8 ft), the minimum interior side
yard shall be 3 m (9.8 ft)
28.2.5 EXTERIOR SIDE YARD, Minimum
7.5 m (24.6 ft) plus any applicable
distance required by the applicable
road authority regulations as specified
in Section 6.31 of this By-law.
28.2.6 REAR YARD, Minimum
7.5 m (24.6 ft)
28.2.7 LOT COVERAGE, Maximum
40%
By-law Number 37-2006 (Consolidated April 1, 2017)
123
28.3 OTHER PROVISIONS
Off-street parking requirements, buffer and garbage storage areas shall be in accordance
with the requirements of the applicable regulations of Section 6 - General Provisions of
this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
124
SECTION 29 - OS - OPEN SPACE ZONE
29.1 PERMITTED USES
Campgrounds
Cemetery including mausoleums and crematoriums
Community Centre
Conservation Areas
Fairgrounds
Golf Course
Golf Driving Range
Passive Recreation
Parks
Parking Lots
Places of Recreation
Accessory uses, buildings and structures in accordance with Section 6.1
29.2 REGULATIONS
29.2.1 LOT AREA, Minimum
None
29.2.2 LOT FRONTAGE, Minimum
None
29.2.3 FRONT YARD, Minimum
7.5 m (24.6 ft) plus any applicable
distance required by the applicable
road authority regulations as specified
in Section 6.31 of this By-law.
29.2.4 INTERIOR SIDE YARD, Minimum
3 m (10 ft); 9.2 m (30.2 ft) where an
OS Zone abuts any residential zone.
29.2.5 EXTERIOR SIDE YARD, Minimum
7.5 m (24.6 ft) plus any applicable
distance required by the applicable
road authority regulations as specified
in Section 6.31 of this By-law.
29.2.6 REAR YARD, Minimum
7.5 m (24.6 ft)
29.2.7 LOT COVERAGE, Maximum
40% for buildings only
29.3 OTHER PROVISIONS
Off-street parking requirements, buffer areas, and garbage storage areas shall be in
accordance with the requirements of the applicable regulations of Section 6 - General
Provisions of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
125
SECTION 30 - FD - FUTURE DEVELOPMENT ZONE
PERMITTED USES
Agricultural uses except no new buildings, structures or expansions to existing uses,
buildings and structures.
Existing non-conforming uses, buildings and structures
Single detached residential dwelling units
Home occupations
Accessory uses, buildings and structures in accordance with Section 6.1
30.2 REGULATIONS FOR SINGLE DETACHED RESIDENTIAL DWELLING UNITS
Subject to the regulations of the R1A Zone as specified in Section 11 of this By-Law.
30.3 REGULATIONS FOR HOME OCCUPATIONS
Subject to the applicable regulations required in Section 6.15 of this By-Law.
30.4 REGULATIONS FOR ACCESSORY USES, BUILDINGS & STRUCTURES
Subject to the applicable regulations required in Section 6- General Provisions of this By
law.
By-law Number 37-2006 (Consolidated April 1, 2017)
126
SECTION 31 - NE - NATURAL ENVIRONMENT ZONE
31.2 PERMITTED USES
Agricultural uses excluding:
New buildings and structures
Conservation uses including:
Forest Management
Fish and wildlife management
Flood control
Erosion Control
Municipal drains
Passive recreation
Public Park areas but not including buildings or structures
Parking area
Existing uses, buildings and structures, permitted as of the date of passing of this By
law
31.2 REGULATIONS
Within any NE Zone, no land shall be used and no new building or new structure shall be
constructed, altered or used except in accordance with the following regulations:
a)
No alteration or disturbance to watercourses or to municipal drains associated with
open watercourses will be permitted without the prior written approval of the
Conservation Authority having jurisdiction in the area.
b)
Maintenance of existing driveways within the natural environment shall be
permitted. New driveways and improvements will require prior written approval
from the Conservation Authority having jurisdiction in the area.
c)
Any cutting or destruction of trees shall be subject to the requirements of the
County of Grey Tree Cutting By-law.
d)
Buildings accessory to a Conservation, Passive Recreation or Park use shall meet
front, rear and side yard requirements of the Agricultural Zone.
e)
Related Natural Environment Setbacks are contained within the applicable
regulations of Section 6-General Provisions of this By-law.
f)
Interpretation of the limits of NE zone boundaries shall be governed by Section 2.6
of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
127
SECTION 31 (A) - NE 2 - NATURAL ENVIRONMENT 2 ZONE
31.1 (A) PERMITTED USES
Agricultural uses excluding:
New buildings and structures
Conservation uses including:
Forest Management
Fish and Wildlife Management
Flood Control
Erosion Control
Municipal drains
Passive recreation
Public Park areas but not including buildings or structures
Parking area
Existing uses, buildings and structures, permitted as of the date of passing of this By
law
31.2 (A) REGULATIONS
A new development within lands zoned Natural Environment NE 2 Zone, may require an
environmental assessment as a condition of development. Consultation with the County
of Grey Planning and Development Authority is required to determine if an environmental
assessment is required.
Within any NE 2 Zone, no land shall be used and no new building or new structure shall
be constructed, altered or used except in accordance with the following regulations:
a) No alteration or disturbance to watercourses or to municipal drains associated with
open watercourses will be permitted without the prior written approval of the
Conservation Authority having jurisdiction in the area.
b) Maintenance of existing driveways within the natural environment shall be permitted.
New driveways and improvements will require prior written approval from the
Conservation Authority having jurisdiction in the area.
c) Any cutting or destruction of trees shall be subject to the requirements of the County of
Grey Tree Cutting By-law.
d) Buildings accessory to a Conservation, Passive Recreation or Park use shall meet
front, rear and side yard requirements of the Agricultural Zone.
e) Related Natural Environment Setbacks are contained within the applicable regulations
of Section 6-General Provisions of this By-law.
f) Interpretation of the limits of NE 2 Zone boundaries shall be governed by Section 2.6
of this By-law.
By-law Number 37-2006 (Consolidated April 1, 2017)
128
SECTION 32 - FL - FLOOD WAY ZONE
No person shall within any Flood Way Zone use any land, or erect, alter or use any building or
structure except in accordance with the following provisions:
32.1 PERMITTED USES
(a)
A conservation use including structures associated with flood or erosion control;
(b)
A Park but does not including buildings;
(c)
Uses and structures associated with non-essential municipal services and public
utilities subject to the provisions of subsection 19.2; and
(d)
Existing residential, commercial or industrial uses, buildings and structures
32.2 REGULATIONS
(a)
Existing buildings or structures located in the Flood Way Zone if damaged by
natural causes, may be permitted to reconstruct provided flooding did not cause
the damage.
(b)
All reconstruction shall maintain the same ground floor area as the original building
or structure and will incorporate appropriate flood proofing measures approved by
the Conservation Authority.
(c)
No placement of fill will be permitted, except that required for minor landscaping,
flood and erosion control, non-essential municipal utilities and services and subject
to the prior written approval of the Conservation Authority.
By-law Number 37-2006 (Consolidated April 1, 2017)
129
SECTION 33 - FF - FLOOD FRINGE OVERLAY
The "Flood Fringe Overlay" (FF) applies to the lands within West Grey including the former Town
of Durham, Village of Neustadt and portions of Glenelg that have the potential to flood resulting
from a major storm such as the Hurricane Hazel storm. Floodplain for the purposes of the Flood
Fringe Overlay shall mean the Hurricane Hazel Flood Event Standard - ("floodplain"). In Durham
and Neustadt and a portion of Glenelg, the two zone concept is applied. The flood fringe is the
outer portion of the floodplain. Any development in the floodplain will be subject to the Saugeen
Valley Conservation Authority Regulations .
The provisions of the FF Overlay shall be applied in addition to the regulations of the "underlying"
zone which are identified by a zone symbol on Schedule "A" of this By-law.
The lands to which the FF Overlay applies are identified by a shading pattern on Schedule "A" of
this By-law.
Explanatory Note: Anyone who proposes to undertake development or
redevelopment of land which is zoned FF on Schedule "A" is reminded that, in
addition to the requirements of this By-law, the approval of the Saugeen Valley
Conservation Authority pursuant to regulations made under the Conservation
Authorities Act, S.O, 1990, Chapter C.27.
33.1 PERMITTED USES
Uses permitted, including additions to existing uses, buildings and structures in the FF
Zone shall be in accordance with the applicable "underlying" zoning provisions of this By
law except that the establishment of new uses for the following purposes will not be
permitted:
i)
The manufacturing, storage, disposal and/or use of a hazardous substance;
ii)
Institutional uses that provide human habitation such as hospitals, nursing homes
and schools; and
iii)
Essential municipal services such as police, fire and ambulance and electrical
substations.
33.2 REGULATIONS
The Floodplain shall be used to determine the minimum flood proofing requirements for
all new construction including additions to existing uses, buildings and structures within
the FF Overlay.
By-law Number 37-2006 (Consolidated April 1, 2017)
130
33.2.1 FLOOD PROOFING REQUIREMENTS FOR RESIDENTIAL AND
INSTITUTIONAL USES
a)
The main floor of all buildings used for residential purposes shall be located
above the Floodplain elevation;
b)
Openings to living space shall not be permitted below the Floodplain
elevation;
c)
Foundations, walls and floors located below the Floodplain elevation shall
be designed to withstand the hydrostatic pressures associated with this
flood. Materials used for construction shall be of a type not subject to
deterioration by water or by alternate wetting and drying and shall be
certified by a Professional Engineer with expertise in flood proofing;
d)
Basement floors may be permitted to be constructed to a maximum of one
metre below the Floodplain elevation; and
e)
All mechanical and electrical services shall be located above or protected
to the Floodplain elevation.
33.2.2 FLOOD PROOFING REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL
USES
a)
All window openings shall be located above the Floodplain elevation;
b)
Main floor levels and doorway openings may be permitted below the
Floodplain elevation provided flood proofing measures are incorporated into
the design of doorway openings and shall be certified by a Professional
Engineer with expertise in flood proofing;
c)
Foundations, walls, and floors located below the Floodplain elevation shall
be designed and constructed to withstand the hydrostatic pressures
associated with this flood level, and shall be certified by a Professional
Engineer with expertise in flood proofing;
d)
All mechanical and electrical services shall be located above or protected
to the Floodplain elevation; and
e)
Where residential uses are proposed in conjunction with a commercial or
industrial use, the flood proofing regulations of subsection 23.2.1 shall
apply for that portion of the structure to be used for residential purposes.
By-law Number 37-2006 (Consolidated April 1, 2017)
131
33.2.3 FLOOD PROOFING REQUIREMENTS FOR ACCESSORY BUILDINGS AND
STRUCTURES AND MUNICIPAL UTILITIES
a)
Accessory structures, storage buildings, garages and sheds shall be
designed and constructed to prevent flotation or movement under
Floodplain conditions.
b)
The storage of materials or the placement of fill that may result in pollution
during a flood event shall not be permitted.
33.2.4 GENERAL FLOOD PROOFING REQUIREMENTS
a)
In accordance with the "underlying" zone provisions, the change in land use
from one permitted use to another permitted use shall satisfy all applicable
flood proofing requirements of Section 23.2.
b)
The placement of fill in the Flood Fringe (FF Overlay) may be permitted
subject to the Saugeen Valley Conservation Authority's regulations.
c)
Access for all new buildings and structures shall be designed to allow for
safe vehicular and pedestrian movement during flooding.
By-law Number 37-2006 (Consolidated April 1, 2017)
132
SECTION 34 -
By-law Number 37-2006 (Consolidated April 1, 2017)
133
SECTION 35 - EXCEPTION ZONE
35.1 GENERAL
The Exception Zone Section includes those site-specific zoning situations where a normal
zone requirement has been amended to permit certain exceptions. As a result, these
exception zones have been included in the By-law to provide for these exceptions on a site-
specific basis. Except as noted within the specific exception zone, the other relevant
provisions of the by-law shall apply to the exception zones.
SPECIFIC EXCEPTION ZONES
NE-1 (see Schedule No. 1)
Notwithstanding Section 31, Natural Environment Zone, the lands zoned NE may be used
for a non-habitable agricultural accessory building (storage shed) not exceeding 45 square
metres (480 sq ft) in area. The building shall maintain a non-solid floor or foundation and is
of a pole type construction.
NE2-2 (see Schedule No. 1)
Notwithstanding Section 31-A, Natural Environment 2 Zone, the lands zoned NE2-2, may be
used for a non-habitable addition on the south side of the existing barn not exceeding 141
sq metres (1520 sq ft) in size is permitted. The building shall maintain a non-solid floor or
foundation and is of a pole type construction.
A2-3 (see Schedule No. 1)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-3 may be used for the following
uses including: non-intensive agricultural uses, horse barn, horse riding training arena, tack
shop, boarding of horses, and an existing single family residence. In addition, a 72 ft by 20
ft addition will be permitted to the main horse barn.
M3-4 (see Schedule No. 1)
Notwithstanding Section 26; Rural Industrial Zone, the lands zoned M3-4 may also be used
for an existing automobile wrecking yard, and a single detached dwelling unit.
A2-5 (see Schedule No. 1)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-5 may also be used for a
commercial kennel.
M3-6 (see Schedule No. 2)
Notwithstanding Section 25, Rural Industrial Zone, the lands zoned M3-6 may also permit a
single detached dwelling.
A1-7 (see Schedule No. 2)
Notwithstanding Section 8, Agricultural Zone, the lands zoned A1-7 may also permit a
mobile home as a second permitted dwelling.
A2-8 (see Schedule No. 3)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-8 shall maintain a minimum rear
yard of 792 metres.
By-law Number 37-2006 (Consolidated April 1, 2017)
134
C2-9 (see Schedule No. 60)
Notwithstanding Section 18, Highway Commercial Zone, the lands zoned C2-9 may be used
for a permitted C2 use and two accessory residential dwellings within the existing structure;
public garage including sales and vehicles, parts and accessories; metal fabricating and dry
manufacturing. Outdoor storage of goods or products shall not be permitted.
M3-10 (see Schedule No. 6)
Notwithstanding Section 26, Rural Industrial Zone, permitted uses may include:
A building manufacturing operation
Bulk sales establishment
Contractor's yard
Custom workshop
Sawmill
Storage industry
Open storage accessory to a permitted use
Uses buildings or structures accessory to a permitted use
Business office accessory to a permitted use
Craft shop accessory to a building manufacturing operation
Educational training facility
Model display home
A2-11 (see Schedule No. 6)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-11 may be permitted a "garden
suite" which shall mean a one-unit detached residential structure containing bathroom and
kitchen facilities that is auxiliary to an existing residential structure and that is designed to
be portable.
A2-12 (see Schedule No. 7)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-12 may be permitted to have
two single detached dwellings on a lot.
A2-13 (see Schedule No. 8)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-13 may be permitted a garden
suite for a period of ten years commencing from June 19, 2000.
A1-14 (see Schedule No. 8)
Notwithstanding Section 8, Agricultural Zone, the lands zoned A1-14 may be permitted a
garden suite for a period of 10 years commencing from May 23, 1995.
C6-15 (see Schedule No. 10)
Notwithstanding Section 23, Rural Commercial Zone, the lands zoned C6-15 may permit a
sawmill, planer mill, single mill, building supply outlet, storage building, open storage, and
accessory uses and structures.
A2-16 (see Schedule No. 10)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-16 may be permitted a second
dwelling unit.
By-law Number 37-2006 (Consolidated April 1, 2017)
135
A2-17 (see Schedule No. 8 and 10)
Notwithstanding Section 9, the lands zoned A2-17 may be permitted:
a)
A "Welding and Hydraulic Repair Shop" accessory to the residential use shall be
permitted in addition to those uses permitted. For the purposes of this section, a
"Welding and Hydraulic Repair Shop" means the use of land, building or structure
for the purpose of repairing agriculturally related machinery, vehicles, and
equipment including the repair of the hydraulic systems and may include as a
secondary use the fabrication of parts for agricultural equipment as well as the
making of wrought iron products. The maximum size of the Welding and Hydraulic
Repair Shop shall be 95 square metres and such shop shall be permitted within the
front yard. Not more than one person, other than the owner or his family, shall be
employed in said permitted use;
b)
Outdoor storage and display associated with the Welding and Hydraulic Repair
Shop shall be permitted provided the outdoor storage and display is limited to an
area not greater than 95 square metres and is located only within the side and/or
rear yard of the Welding and Hydraulic Repair Shop.
c)
There shall be no external advertising, other than a legal sign no larger than 2
square metres, to indicate to persons outside that any part of the lot is being used
for a Welding and Hydraulic Repair Shop. Said sign shall be subject to a minimum
front yard setback of 10 metres.
A1-18 (see Schedule No. 11)
Notwithstanding Section 8, Agricultural Zone, the lands zoned A1-18 may be permitted a
mobile home as a temporary dwelling unit
A2-19 (see Schedule No. 11)
Notwithstanding Section 7, to the contrary, the lands zoned A2-19 may have frontage via a
right-of-way as frontage described in a registerable deed or other registerable document
legally conveying a fee interest in land other than a leasehold interest or easement.
A1-20 (see Schedule No. 11)
Notwithstanding Section 8, Agricultural Zone, the lands zoned A1-20 may be permitted a
mobile home as a second dwelling unit.
A2-21 (see Schedule No. 11)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-21 may be permitted to have
access via a private right-of- way.
OS-22 (see Schedule No. 11)
Notwithstanding Section 29, to the contrary, the lands zoned OS-22 may be used for the
following:
a) A tent and trailer campground with a maximum of seventy-five (75) tent and trailer
sites;
b) One single detached dwelling unit;
By-law Number 37-2006 (Consolidated April 1, 2017)
136
c) An accessory convenience store;
d) An accessory office use;
e) Accessory uses, buildings and structures
A2-23 (see Schedule No. 11)
Notwithstanding Section 7, to the contrary, may be permitted a permitted structure with a
minimum side yard of 4.5 metres.
OS-24 (see Schedule No. 11)
Notwithstanding Section 29, Open Space Zone, the lands zoned OS-24 may be used for a
private park, outdoor recreation use, conservation use, or buildings or structures accessory
thereto.
A2-25 (see Schedule No. 11)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-25 may be permitted a mobile
home as a temporary dwelling unit.
C6-26 (see Schedule No. 12)
Notwithstanding Section 23, Rural Commercial Zone, the lands zoned C6-26 may also be
permitted to be used for an existing sawmill.
A2-27 (see Schedule No. 12)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-27 will be prohibited from
having livestock in the existing farm buildings, as of the date of passage of this by-law.
C2-28 (see Schedule No. 12)
Notwithstanding Section 18, Highway Commercial Zone, the lands zoned C2-28 may be
permitted a single family detached residence and an automobile service station.
M3-30 (see Schedule No. 13)
Notwithstanding Section 26, Rural Industrial Zone, the lands zoned M3-30 may in addition
to permitted uses, permit one single detached residence.
A2-31 (see Schedule No. 13)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-31 may be permitted a
minimum lot frontage of 10 metres (30 ft)
A2-32 (see Schedule No. 13)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-32 will be permitted a maximum
number of 25 livestock units.
A2-33 (see Schedule No. 13)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-33 will be permitted a livestock
barn no closer than 91 metres (280 ft) to the next nearest residence.
A2-34 (see Schedule No. 14)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-34 may also be permitted a
commercial kennel.
By-law Number 37-2006 (Consolidated April 1, 2017)
137
C6-35 (see Schedule No. 14)
Notwithstanding Section 23, Rural Commercial Zone, the lands zoned C6-35 may permit
the additional use of a mobile home as a single-family residence.
A1-36 (see Schedule No. 14)
Notwithstanding Section 8, Agricultural Zone, the lands zoned A1-36 may not permit a
building height in excess of 9 metres (28 ft).
OS-37 (see Schedule No. 14)
Notwithstanding Section 29, Open Space Zone, the lands zoned OS-37 may be permitted a
tent and trailer campground consisting of 11 sleeping cabins, 4 housekeeping cottages, 100
tent and trailer sites, an office, and accessory uses, buildings and structures.
NE-38 (see Schedule No. 14)
Notwithstanding Section 31, Natural Environment Zone, the lands zoned NE-38, may be
used for a basketball court, volleyball court and baseball field associated with the abutting
campground. No buildings or structures will be permitted in the NE-38 zone.
OS-39 (see Schedule No. 14)
Notwithstanding Section 29, Open Space Zone, the lands zoned OS-39 may be used for
the following permitted uses:
a) A tent and trailer campground
b) A golf course
c) A club house
d) A tennis court
e) A swimming pool
f) A recreation hall
g) A single detached dwelling accessory to a tent and trailer campground
h) A convenience store
i) Laundry facilities
j) Shower and washroom facilities
k) Accessory uses, buildings and structures
Regulations:
Maximum Lot Area:
Minimum Landscaped Open Space:
Maximum Density:
Maximum Number of Seasonal sites:
Maximum Number of Day-use,
or Overnight Sites:
80 hectares
10 %
10 sites per hectare
300
100
C2-40 (see Schedule No. 14)
Notwithstanding Section 18, Highway Commercial Zone, the lands zoned C2-40 may be
used for a restaurant, one accessory residential dwelling, and a bed and breakfast
establishment accessory to the residential dwelling.
By-law Number 37-2006 (Consolidated April 1, 2017)
138
A2-41 (see Schedule No. 14)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-41 may be permitted an
existing single family dwelling, and existing commercial livestock trucking business, the
undertaking of motor vehicle safety inspections, and the repair and sale of motor vehicles.
A2-42 (see Schedule No. 15)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-42 may be permitted a
seasonal residential dwelling fronting on a seasonal roadway.
A2-43 (see Schedule No. 15)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-43 may be permitted a
seasonal residential dwelling fronting on a seasonal roadway with the following:
Minimum Interior Side yard
3 m
Minimum Exterior Side yard
10 m
Minimum Rear Yard
10 m
Maximum Lot Coverage
10 %
ER-44 (see Schedule No. 15)
Notwithstanding Section 15, Estate Residential Zone, the lands zoned ER-44 may contain
six detached dwellings in addition to accessory uses, buildings and structures thereto.
C2-45 (see Schedule No. 16)
Notwithstanding Section 18, highway Commercial Zone, the lands zoned C2-45 may be
used for a convenience store, gas bar and one single detached residential dwelling.
A1-46 (see Schedule No. 16)
Notwithstanding Section 8, Agricultural Zone, the lands zoned A1-46 may permit the drying,
cleaning and marketing of farm grain.
A2-47 (see Schedule No. 17)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-47 may permit the repair,
storage and maintenance of heavy equipment. No more than 200 sq. metres of the ground
floor area of the permitted commercial building will be used for the permitted uses.
NE-50 (see Schedule No. 19)
Notwithstanding Section 31, Natural Environment Zone, the lands zoned NE-50 may be
used for a single detached residential dwelling.
OS-51 (see Schedule No. 19)
Notwithstanding Section 29, Open Space Zone, the lands zoned OS-51 may be used for a
tent and trailer campground consisting of the following:
Permitted Uses
a)
b)
c)
d)
e)
85 Tent and Trailer sites
Two overnight Accommodation facilities
One single family dwelling
Chapel
Two classroom facilities
139
By-law Number 37-2006 (Consolidated April 1, 2017)
f)
A meeting centre
g)
Washroom facility
h)
A kitchen/dining facility
i)
A nature centre
j)
An administration office
k)
One classroom and general meeting facility
l)
Storage/accessory building and structures
m)
Outdoor recreation activities
Minimum Lot Area
270 acres
Minimum Lot Frontage
1900 feet
"Overnight Accommodation facilities" means the use of a building to house campers to a
maximum period of eight (8) nights at any one time.
"Meeting Centre" shall mean a building or part of a building in which facilities are provided
for such purposes as meetings, educational religious or social functions.
"Nature Centre" means the use of building to provide a classroom facility for nature
education and/or to provide temporary warmth and shelter for hikers, with washroom
facilities.
"Administration Office" means the use of a building in which management conducts
business on behalf of the campground and provided with an office and sleeping quarters
without washroom facilities, to be used by campground administrator.
"Classroom Room and General Meeting Facility" shall mean a building in which facilities
are provided for such purposes as rooms for education, meetings and social functions and
includes an office and washroom facilities.
"Outdoor Recreation" means the use of land for soccer, tennis courts, badminton, mini
golf course outdoor camping, baseball, horseshoes, shuffleboard, ice hockey and all similar
uses, together with necessary and accessory buildings and structures.
A1-52 (see Schedule No. 20)
Notwithstanding Section 8, Agricultural Zone, the lands zoned A1-52 may be permitted a
mobile home as a permitted single detached dwelling.
A2-53 (see Schedule No. 20)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-53 may be permitted a single
family residential dwelling no closer than 500 feet of the abutting M4 Extractive Industrial
Zone.
A2-54 (see Schedule No. 20)
Notwithstanding Section 9, Rural Zone the lands zoned A2-54 may be permitted an existing
tent and trailer campground with a maximum of 25 sites and including two single detached
residential dwellings for the purposes of providing accommodation for the owner or
caretaker. Minimum lot size shall be 49.1 acres.
By-law Number 37-2006 (Consolidated April 1, 2017)
140
C2-55 (see Schedule No. 21)
Notwithstanding Section 18, Highway Commercial Zone, the lands zoned C2-55 may be
permitted C2 uses, excluding a drive-in restaurant.
A1-56 (see Schedule No. 21)
Notwithstanding Section 8, Agricultural Zone, the lands zoned A1-56 may be permitted a
mobile home as a second accessory residence to a permitted agricultural use.
C2-57 (see Schedule No. 21)
Notwithstanding Section 18, Highway Commercial Zone, the lands zoned C2-57 may be
permitted C2 uses excluding a drive-in restaurant.
A2-58 (see Schedule No. 22)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-58 may be permitted A2 uses
with a minimum lot frontage of 75 metres.
A2-59 (see Schedule No. 22)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-59 may also be permitted a
commercial greenhouse.
C6-60 (see Schedule No. 22)
Notwithstanding Subsection 23.1 of By-law No. 37-2006 to the contrary, the lands zoned
Rural Commercial Exception (C6-60) may be used for mini-storage and a contractor's yard
in addition to the uses permitted in Section 23.1, excepting however that:
Maximum floor area of mini-storage:
967 square metres
Maximum floor area of contractor's yard:
558 square metres
Maximum floor area of all buildings:
1,525 square metres
A Site Plan Control Agreement shall be required.
OS-61 (h) & NE-61 (h) (see Schedule No. 22)
Notwithstanding any provision to the contrary, lands within the OS-61 (h) & NE-61 (h)the
zones shall be used for a "Recreational Camp Facility". For the purposes of this Exception,
a "Recreational Camp Facility" is defined as the use of land, buildings and structures for
recreational activities operated by a non-profit organization where children and/or adults
may be temporarily accommodated in a housekeeping cottage, tents, dormitory facilities
contained within an administrative centre, educational facilities, and a group home. The
maximum capacity of the facility shall be 120 persons. Other related uses, buildings and
structures shall include a library and administrative offices within an administrative centre,
tennis courts, volleyball courts, a basketball court, a swimming dock, an amphitheatre,
washroom facilities, and picnic shelters.
Special Regulations for a Recreational Camp Facility:
Minimum Lot Area and Lot Frontage
Minimum Front Yard
As existing
20 metres
Minimum Side Yard-South Side
15 metres
By-law Number 37-2006 (Consolidated April 1, 2017)
141
Notwithstanding any provision to the contrary, no structural development shall be permitted
within the NE-61Zone, except for unenclosed picnic shelters, an amphitheatre, a swimming
dock and, basketball, tennis, and volleyball courts accessory to the Recreational Camp
Facility. In addition, tent camping shall be permitted within the NE-61 Zone.
The Holding (h) symbol shall not be removed from the OS-61 and NE-61 Zones unless the
following conditions have been met:
a)
A Site Plan Agreement pursuant Section 41 of the Planning Act, being entered into
with the Municipality;
b)
The requirements of the Saugeen Valley Conservation Authority being satisfied.
A2-62 (see Schedule No. 22)
Notwithstanding Section 9, Rural Zone the lands zoned A2-62 may be permitted a mobile
home as a temporary single family dwelling.
NE-63 (see Schedule No. 22)
Notwithstanding Section 31, Natural Environment Zone, the NE-63 Zone may permit a
motor vehicle repair garage.
M1-64 (see Schedule No. 22)
Notwithstanding Section 24, Industrial Zone, the lands zoned M1-64, may be used for a
sawmill, manufacturing plant, business office, accessory retail outlet, accessory uses and
structures, and two existing single family dwellings.
C6-65 (see Schedule No. 22)
Notwithstanding Section 23, Rural Commercial Zone, the lands zoned C6-65 may also
permit a farmer's market, sales arena, and livestock barn.
C2-66 (see Schedule No. 22)
Notwithstanding Section 18, Highway Commercial Zone, the lands zoned C2-66 may also
permit a single detached residential dwelling.
A1-67 (seeSchedule No.23)
Notwithstanding Section 8, Agricultural Zone, the lands zoned A1-67 may be permitted a
permitted use subject to the following:
Maximum Number of Livestock
35 units
Minimum Lot Area
14 hectares
Minimum Lot Frontage
150 metres
Building Opening
The lowest building opening in the dwelling,
including a basement, shall be no lower than the
existing elevation of the undisturbed round surface
at the building site.
In addition, a commercial kennel shall also be permitted subject to the following provisions:
By-law Number 37-2006 (Consolidated April 1, 2017)
142
Maximum number of dogs in kennel:40 adult dogs only;
Minimum North Side Yard Setback for Kennel Building - 30 metres
For the purposes of this By-law, a commercial kennel shall mean lands, buildings or
structures, including outdoor pens, where dogs are kept for boarding purposes. The
dogs associated with the commercial kennel shall be kept indoors during the hours of
10:00 p.m. to 7:00 a.m.
A1-68 (see Schedule No. 23)
Notwithstanding Section 8, Agricultural Zone, the lands zoned A1-68 may be used for a
permitted use subject to the following:
Minimum Lot Area
4 hectares
Maximum Number of Livestock
10 units
A1-70 (see Schedule No. 23)
Notwithstanding Section 8, Agricultural Zone, the lands zoned A1-70 may be permitted a
mobile home as a temporary single detached dwelling.
A1-71 (see Schedule No. 23)
Notwithstanding Section 8, Agricultural Zone, the lands zoned A1-71 may be permitted a
permitted use with a minimum lot frontage of 20 metres.
OS-72 (see Schedule No. 23)
Notwithstanding Section 29, Open Space Zone, the lands zoned OS-72 may be permitted
utility buildings related to a mobile home park.
MH-73 (h) (see Schedule No. 23)
Notwithstanding Section 16, Mobile Home Zone, the lands zoned MH-73 (h) may be
permitted a permitted use subject to the following:
Maximum Number of Sites
15 Sites
Minimum Lot Frontage
91 metres
Minimum Lot Area
1.75 hectares
Minimum Site Area
668 square metres
Minimum Site Frontage
15 metres
MH-74 (see Schedule No. 23)
Notwithstanding Section 15, Mobile Home Zone, the lands zoned MH-74 may be used for a
permitted use subject to the following:
Maximum Number of Sites
15 Sites
Minimum Site Area
2,255 square metres
Minimum Site Frontage
15 metres
Minimum Front Yard
7.5 metres
Minimum Rear Yard
7.5 metres
Minimum Side Yard
5 metres
By-law Number 37-2006 (Consolidated April 1, 2017)
143
The (h) holding symbol shall not be removed from the property prior to any development of
these lands.
A2-75 (see Schedule No. 23)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-75 may be permitted a
permitted use with a minimum lot frontage of 55 metres.
C6-76 (see Schedule No. 23)
Notwithstanding Section 23, Rural Commercial Zone, the lands zoned C6-76 may also be
used for a transport truck sales and service business.
A2-77 (see Schedule No. 23)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-77 may be permitted a mobile
home as a temporary single detached dwelling.
A2-78 (see Schedule No. 23)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-78 may be used for a permitted
use with a minimum distance separation of 60 metres to the nearest livestock barn.
C6-79 (see Schedule No. 24)
Notwithstanding Section 23, Rural Commercial Zone, the lands zoned C6-79 may be used
for a permitted use including an abattoir.
A2-80 (see Schedule No. 24)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-80 may be permitted a
permitted use subject to the following:
Minimum Front Yard
2.4 metres
Minimum Rear Yard
5.4 metres
A2-81 (see Schedule No. 24)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-81 may be used for a permitted
use with a minimum distance separation of 114 metres to the nearest livestock barn.
C2-82 (see Schedule No. 24)
Notwithstanding Section 18, Highway Commercial zone, the lands zoned C2-82 may be
permitted a permitted use, subject to a permitted single family detached dwelling shall not
be permitted to be located closer to the front lot line than a permitted commercial structure.
M3-83 (see Schedule No. 24)
Notwithstanding Section 26, Rural Industrial Zone, the lands zoned M3-83 may also be
permitted a single detached dwelling accessory to an automotive body repair business.
A2-84 (see Schedule No. 24)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-84, may be permitted to be
used for a permitted use with a minimum lot frontage of 7.62 metres.
M3-85 (see Schedule No. 24)
Notwithstanding Section 26, Rural Industrial Zone, the lands zoned M3-85 may also be
permitted to be used as a sawmill.
By-law Number 37-2006 (Consolidated April 1, 2017)
144
NE-86 &OS-86 (see Schedule No. 24)
Notwithstanding Section 29 and 31, the lands zoned NE-86 and OS-86 may be used for a
105 site tent and trailer campground including accessory uses, buildings and structures.
M3-88 (see Schedule No. 25)
Notwithstanding Section 26, Rural Industrial Zone, the lands zoned M3-88 may be used for
a permitted use including a salvage yard, automotive sales and service, retail store within
an existing building or structure, and two dwelling units.
A2-89 (see Schedule No. 25)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-89, may be permitted a mobile
home as a permitted residential use.
A2-90 (see Schedule No. 25)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-90 may be used for a permitted
use with a minimum distance separation of 309 metres to the nearest livestock barn.
NE-92 (see Schedule No. 26)
Notwithstanding Section 31 and any other provision to the contrary, on lands zoned NE-92,
aquaculture, buildings and structures accessory to aquaculture and one detached dwelling
accessory to an aquaculture operation shall be permitted. All provisions pertaining to the
NE zone shall apply.
A2-93 (see Schedule No. 26)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-93 may be permitted a mobile
home as a temporary single detached dwelling.
A2-94 (see Schedule No. 26)
Notwithstanding Section 9, rural Zone, the lands zoned A2-94 may be permitted a
temporary garden suite.
M3-95 (see Schedule No. 26)
Notwithstanding Section 26, Rural Industrial Zone, the lands zoned M3-95 may also permit
an automotive wrecking yard and accessory structures.
M3-96 (see Schedule No. 27)
Notwithstanding Section 26, Rural Industrial Zone, the lands zoned M3-96 may be permitted
an accessory single detached dwelling.
MH-97 (see Schedule No. 27)
Notwithstanding Section 16, Mobile Home Zone, the lands zoned MH-97 may be used for a
mobile home park subject to the following:
Minimum Lot Area
5.8 hectares
Minimum Lot Frontage
165 metres
Minimum Site Area
696 sq. metres
Minimum Site Frontage
15 metres
Maximum Number of Sites
60 sites
By-law Number 37-2006 (Consolidated April 1, 2017)
145
I-98 (see Schedule No. 28)
Notwithstanding Section 28, Institutional Zone, the lands zoned I-98 may be used for a
missionary training school and related facilities subject to the following;
Minimum Lot Area
36 hectares
Minimum Lot Frontage
170 metres
Maximum Lot Coverage
30 %
Minimum Front Yard
15 metres
Minimum Side Yard
10 metres
Minimum Rear Yard
12 metres
M1-99 (see Schedule No. 28)
Notwithstanding Section 24, Industrial Zone, the lands zoned M1-99 may be used for a
transport terminal including an accessory single detached dwelling.
OS-100 (see Schedule No. 29)
Notwithstanding Section 29, Open Space Zone, the lands zoned OS-100 may be used for a
recreational camp facility which includes lands, buildings and structures for recreational
activities operated by a non-profit organization where children and/or adults may be
temporarily accommodated in an existing single family dwelling, tents, trailers, and
dormitory facilities contained within an administrative centre, subject to the following:
Minimum Lot Area
As existing on date of passage of the by-law
Minimum Lot Frontage
As existing on date of passage of the by-law
Maximum Number of Sites
20 sites
Maximum Capacity
72 persons
A2-101 (see Schedule No. 30)
Notwithstanding Section 9, Rural Zone, the land zoned A2-101 may also permit a bed and
breakfast facility with up to four bedroom units
C6-102 (see Schedule No. 31)
Notwithstanding Section 23, Rural Commercial Zone, the lands zoned C6-102 may also be
used for a building supply outlet.
M3-103 (see Schedule No. 32)
Notwithstanding Section 26, Rural Industrial Zone, the lands zoned M3-103, may also be
used for an existing automobile wrecking and salvage yard.
C6-104 (see Schedule No. 33)
Notwithstanding Section 23, Rural Commercial Zone, the lands zoned C6-104 may also be
permitted to be used for a motor vehicles sales establishment.
NE-105 (see Schedule No. 34)
Notwithstanding Section 31, Natural Environment Zone, the lands zoned NE-105 may also
be permitted to be used for a tent and trailer campground not exceeding five sites.
A2-106 (see Schedule No. 35)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-106 may also be used for a
garden suite on a temporary basis, not to exceed ten years in duration.
By-law Number 37-2006 (Consolidated April 1, 2017)
146
A2-107 (see Schedule No. 35)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-107 may be permitted a mobile
home as a temporary single family dwelling for a period of three years.
C6-108 (see Schedule No. 36)
Notwithstanding Section 23, Rural Commercial Zone, the lands zoned C6-108 may be used
for an abattoir with associated retail building, and accessory uses, buildings and structures,
on a minimum lot area of .8 hectares.
OS-109/NE-109 (see Schedule No. 37)
Notwithstanding Section 29, Open Space Zone and Section 31, Natural Environment Zone,
the lands zoned OS-109 and NE-109 may be permitted a tent and trailer campground with a
maximum of 192 sites.
OS-110/NE-110 (see Schedule No. 37C)
Notwithstanding Section 29, Open Space Zone and Section 31, Natural Environment Zone,
the lands zoned OS-110 and NE-110 and described as Part Lots 32, 33, 34, 35 and 36,
Concession 3 WGR shall be permitted a tent and trailer campground with a maximum of
371 sites; and the lands zoned OS-110 and described as Part Lot 36, Concession 3 WGR
may be permitted an existing motor vehicle sales establishment, two existing single family
dwellings and one mobile home. Any extension or enlargement of any of the described
permitted uses shall require an amendment to this By-law.
A3-111 (see Schedule No. 38)
Notwithstanding Section 10, Restricted Rural Zone, the lands zoned A3-111 shall be used
in accordance with the A3 zone, excepting however that:
(i)
The existing retail store shall be permitted; and,
(ii)
A second detached dwelling shall be permitted, provided said dwelling provides
temporary accommodation only to the employees of the agricultural operation on an
annual basis from March 16 to December 16.
C6-112 (see Schedule No. 40)
Notwithstanding Section 23, Rural Commercial Zone, the lands zoned C6-112 may be used
for an abattoir.
OS-113/NE-113 (see Schedule No. 41)
Notwithstanding Section 29, Open Space Zone, and Section 31, Natural Environment Zone,
the lands zoned OS-113 and NE-113 may be permitted to be used for a tent and trailer
campground up to a maximum of 21 sites.
OS-114/NE-114 (see Schedule No. 42)
Notwithstanding Section 29, Open Space Zone and Section 31, Natural
Environment Zone, on those lands zoned OS-114 and NE-114 a tent and trailer
campground comprising a maximum of 250 sites shall be permitted.
Three
detached dwellings used in conjunction with the campground shall also be
permitted.
By-law Number 37-2006 (Consolidated April 1, 2017)
147
C2-115 (see Schedule No. 42)
Notwithstanding Section 18, Highway Commercial Zone, the lands zoned C2-115 may be
permitted a permitted use in accordance with the following:
"Space Extensive Commercial and Space Extensive Industrial"
Uses shall mean the use of lands, buildings, or structures for commercial or industrial
purposes where the said uses must display the following characteristics:
1.
The uses serve demands from highway traffic.
2.
The uses require a large parking or outdoor storage area or require a large volume
single-purpose building.
3.
The location of the proposed use in a general retail block in an urban centre is not
feasible due to its storage area or building volume requirements.
4.
The use must be "dry" in nature, not requiring a piped water and municipal sewage
system to accommodate it.
For the purposes of this By-law, Space Extensive Commercial and Industrial uses shall be
restricted to the following:
a.
Automotive Service Station
b.
Farm Machinery Sales and Service Outlet
c.
Building Supply Outlet
d.
Horticultural Nursery
e.
Outdoor Recreational Equipment Sales and Service Outlet
f.
Fuel Distributor
g.
Warehouse
h.
Truck Depot
i.
Dry Manufacturing Plant
j.
Uses, buildings or structures including business offices and/or retail stores accessory
to any permitted uses
Regulations for Permitted Uses:
Minimum Lot Area
.8 hectares
Minimum Lot Frontage
60 metres
Minimum Front Yard
15 metres
Minimum Rear Yard
18 metres
Minimum Side Yard
10 metres
Maximum Building Height
15 metres
Maximum Lot Coverage
30 %
Parking Regulations:
i.
One (1) parking space for each thirty (30) sq metres of gross floor area shall be
provided.
ii.
A parking space shall have a minimum length of 6 metres and a minimum width of
2.75 metres measured at right angles to the length.
By-law Number 37-2006 (Consolidated April 1, 2017)
148
iii.
The location of the required parking spaces shall be in the side or rear yard only.
iv.
The area provided for parking shall be clearly marked and shall be provided and
maintained with a stable surface that is treated to prevent the raising of dust or loose
particles and with provisions for drainage facilities.
Loading Space Regulations
1.
For every 1,858 sq metres or fraction thereof of gross floor area, one(1) space 9
metres long, 3.5 metres wide and having a vertical clearance of at least 4.5 metres
shall be provided for the receiving, shipping, loading, or unloading of goods, wares,
merchandise, raw materials, or finished products.
2.
Access to the said loading and unloading shall be by means of a driveway of at least 6
metres in width contained within the lot on which the spaces are located and leading
to a street.
3.
The driveways, and loading and unloading spaces shall be provided and maintained
with a stable surface which is treated to prevent the raising of dust or loose particles.
4.
Loading and unloading spaces required shall be located in the side or rear yard
unless the setback from the street line is a minimum distance of 25 metres.
A2-116 (see Schedule No. 42)
Notwithstanding Section 9, Rural Zone, the lands zoned A2-116 may also be permitted an
existing commercial/kennel, subject to the following:
Minimum Front Yard
80 metres
Minimum Rear Yard
35 metres
Minimum Side Yard
50 metres
Minimum Building Size
10.5 sq metres
Maximum Building Size
100 sq metres
Maximum Building Height
5.5 metres
Maximum size of Kennel Dog Runs
750 sq metres
Maximum # of animals
20 plus any offspring up to the age of 10 weeks
Maximum # of Employees
Not more than one employee, other than the
owner or his family
Placement of a suitable page wire fence around the perimeter of the subject property.
C2-121 (see Schedule No. 44)
Notwithstanding Section 18, Highway Commercial, the lands zoned C2-121 may be
permitted C2 uses in accordance with the following:
Permitted Uses
Warehousing, open storage accessory to the permitted use, and uses, buildings and
structures accessory to the permitted use.
Maximum Lot Coverage
25 %
By-law Number 37-2006 (Consolidated April 1, 2017)
149
Minimum Front Yard
12.8 metres
Minimum Rear Yard
No rear yard setback required
C2-122 (see Schedule No. 45)
Notwithstanding Section 18, Highway Commercial Zone, the lands zoned C2-122 may also
be permitted a single detached dwelling.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
ER-123(h) (see Schedule No. 49)
Notwithstanding Section 15, Estate Residential Zone, the lands zoned ER-123 (h) may be
used for a permitted use, subject to the lifting of the holding symbol from the ER-123 (h)
zoning. This will require the owner satisfying the Municipality Of West Grey in regard to
matters pertaining to the Planning Act, SO 1990.
C5-124 (see Schedule No. 49)
Notwithstanding Section 21, Hamlet Commercial Zone, the lands zoned C5-124 may only
be permitted a hotel establishment.
C2-125 (see Schedule No. 49)
Notwithstanding Section 18, Highway Commercial Zone, the lands zoned C2-125 may also
be used for a cable television receiving and distribution business.
M2-127 (see Schedule No. 52)
Notwithstanding Section 25, Restricted Industrial Zone, the lands zoned M2-127 may also
be used for a satellite and communications complex uses, building and structures
accessory thereto.
C5-128 (see Schedule No. 52)
Notwithstanding Section 21, Hamlet Commercial Zone, the lands zoned C5-128 may also
be used for a dry storage industry and a single detached dwelling.
NE-131 (see Schedule No. 52)
Notwithstanding Section 31, Natural Environment Zone, the lands zoned NE-131 may be
used for an existing single detached dwelling with a maximum ground floor area not to
exceed 93 sq metres.
ER-132 (see Schedule No. 50)
Notwithstanding Section 15, Estate Residential Zone, the lands zoned ER-132 may also be
used for a permitted estate residential use and accessory uses and buildings including a
home office within the accessory building subject to the following:
1.
Maximum gross floor area of accessory building = 1,100 sq. feet
2.
Maximum ground floor area of accessory building = 600 sq. feet
3.
Maximum number of floors of accessory building = 2 floors.
4.
Maximum building height of accessory building = 20 feet.
By-law Number 37-2006 (Consolidated April 1, 2017)
150
5.
Notwithstanding Section 15.2.2, the accessory building may be permitted in the front
yard.
A3-134 (see Schedule No. 27)
Notwithstanding Section 10, Restricted Agriculture Zone, the lands zoned A3-134 may be
permitted a permitted use with a lot frontage of 15 metres.
ER-135 (see Schedule No. 57)
Notwithstanding Section 15, Estate Residential Zone, the lands zoned ER-135 may be used
for a permitted use with a minimum separation distance of 99.06 metres to the nearest
livestock barn.
C2-136 (see Schedule No. 57)
Notwithstanding Section 18, Highway Commercial Zone, the lands zoned C2-136 may only
be permitted to be used for a contractor's yard.
C2-137 (see Schedule No. 57)
Notwithstanding Section 18, Highway Commercial Zone, the lands zoned C2-137 may only
be used for an automobile sales and service establishment and a single detached dwelling.
A1-138 (see Schedule No. 39)
Notwithstanding Section 8, the lands zoned A1-138 may be permitted two single detached
dwellings on one lot with a minimum front yard of 15 metres for the most northerly existing
dwelling.
A1-139 (see Schedule No. 32)
Notwithstanding any other provisions of Section 8, to the contrary, the existing garage as of
the date of passing of this by-law, shall be permitted as a non-conforming use and the
existing setbacks for the existing garage as of the date of passing of this by-law, shall apply
to the lands zoned A1-139. The existing barn existing of the date of passing of this by-law
shall be used for dry storage only.
A2-140 (see Schedule No. 42)
Notwithstanding Section 9 to the contrary the lands zoned A2-140 may be permitted one
group home.
C6-141 (see Schedule No. 33)
Notwithstanding any provision of Section 23 to the contrary, the lands zoned C6-141
Exception Zone, may be used for a permitted use in accordance with the following
provisions:
1.
Permitted Uses/Buildings:
a)
Uses shall be permitted in accordance with Section 23 including an existing
landscape business.
b)
A 250 sq. metre (2,691 sq. ft) storage/office landscaping use and building;
c)
Indoor storage and parking of commercial motor vehicles and landscaping
equipment within the permitted 250 sq. metre (2,691 sq. ft.) storage/landscaping
building;
By-law Number 37-2006 (Consolidated April 1, 2017)
151
d)
Office accessory to landscaping business.
2.
Outdoor Storage:
a)
Outdoor storage of goods or products shall not be permitted
b)
Outdoor equipment storage area shall not exceed 250 square metres (2,691 sq.
ft)
c)
Outdoor equipment storage area shall be fenced and/or buffered from
surrounding residential uses by a planting strip.
3.
Employees:
No more than two employees, excluding the owner, may be employed on site.
C1-142 (see Schedule No. 60)
Notwithstanding Section 17 to the contrary, the lands zoned C1-142 maybe be permitted to
be used for the additional use of a storage industry as defined herein.
Storage industry shall mean "the use of lands, buildings or structures for an industry
engaged in the activity of storing materials, goods or produce to preserve them in a
condition or form that makes them usable at a later date, and includes whatever
treatment or packing that may be accessory for storage".
Minimum yard requirements shall be as existing at the date of passage of this by-law.
No on-site parking or loading spaces are required.
M1-143 (h) (see Schedule No. 6)
Notwithstanding Section 24 to the contrary, the lands zoned M1-143 (h), may be used for a
permitted use including a 1,393 square metre building to be used for a timber frame home
construction business.
The lands zoned M1-143 (h) are subject to the requirements of Section 36 of the Planning
Act, RSO 1990, as amended. The holding (h) symbol shall not be removed until the
completion of a surface water management plan approved by the Saugeen Valley
conservation Authority.
M1-144 (see Schedule No. 56)
Notwithstanding Section 24 to the contrary, the lands zoned M1-144, may be used for a
permitted use including an extractive industrial use, ready mix plant, hot mix plant, and
uses, buildings and structures thereto.
A2-145 (see Schedule No. 26)
Notwithstanding Section 9 to the contrary, the lands zoned A2-145 may be permitted two
single detached dwellings on one lot.
By-law Number 37-2006 (Consolidated April 1, 2017)
152
C2-147 (see Schedule No. 53)
Notwithstanding Section 18, the lands zoned C2-147 may be permitted a drive-in
restaurant.
C2-148 (see Schedule No. 53)
Notwithstanding Section 18, the lands zoned C2-148, may only be permitted to be used for
a parking lot.
R3-149 (see Schedule No. 53)
Notwithstanding Section 14, the lands zoned R3-149, may be used for an 11 unit apartment
building within the existing structure. In addition a maximum of 14 parking spaces will be
required.
M1-150 (see Schedule No. 59)
Notwithstanding Section 24, the lands zoned M1-150 may be permitted a single family
dwelling unit not to exceed 2,900 square feet in gross floor area, within the existing building.
R3-151 (see Schedule No. 55)
Notwithstanding Section 14, the lands zoned R3-151 may be permitted a 23 unit townhouse
development with a separation distance of less than 10 metres between buildings.
R1B-152 (see Schedule No. 56)
Notwithstanding Section 12, the lands zoned R1B-152 may also be permitted to be used for
a tearoom within the existing single family dwelling. In addition, a minimum of 4 parking
spaces shall be provided.
C2-155 (see Schedule No. 25)
Notwithstanding Section 18, the lands zoned C2-155 may only be permitted an existing
detached dwelling, and only one of the following uses:
A contractor's yard;
A personal shop;
Photographic Studio
R1A-157 (see Schedule No. 60)
Notwithstanding Section 11, the lands zoned R1A-157 may be permitted a minimum front
yard setback of 0.5 metres.
A1-158 (see Schedule No. 40)
Notwithstanding Section8, the lands zoned A1-158 may be permitted accessory uses in
accordance with the following:
The maximum height of an accessory use shall be 7.5 metres, and the maximum
carrying capacity of a commercial vehicle parked or stored (licensed or unlicensed)
shall not exceed 20,000 kilograms, on lands zoned Rural (A1-158) Exception Zone.
R1B-159 (See Schedule No. 55)
Notwithstanding Section 12, the lands zoned R1B-159 may be used for one single family
dwelling, and a veterinarian clinic.
By-law Number 37-2006 (Consolidated April 1, 2017)
153
A2-160 (see Schedule No. 42)
In addition to the permitted uses established under section 9.1 of By-law No. 37-2006, lands
zoned Rural (A2-160) Exception Zone may be used for a Commercial Kennel subject to the
following special provisions:
Regulations applicable to a Commercial Kennel:
Minimum Front Yard:
55 metres
Minimum Side Yard:
80 metres
Minimum Building Size:
90 square metres
Maximum Building Size:
110 square metres
Maximum Number of Dogs:
35 plus any offspring up to the age of 3 months
Maximum Number of Employees:
Not more than one employee, other than the owner
and family
Special landscaping requirements:
That a row of coniferous trees or shrubs be planted in
an east-west direction and located along the southerly
extent of the dog kennel building and runs, with such
trees or shrubs being planted at a minimum height of
1.2 metres and shall attain a minimum height of 2
metres over a period of five years.
For the purposes of this By-law, a "Commercial Kennel" means lands, buildings, or
structures where dogs are bred and raised and are sold or kept for sale or boarded, and
shall be limited to the existing building presently being used as a kennel on the date of
passing of this by-law. No expansion of the existing kennel building shall be permitted.
C3-162 (See Schedule No. 25A)
Notwithstanding the provisions of section 19.1 and 19.2.10 to the contrary, the only
permitted uses for the subject lands within the Neighbourhood Commercial Zone shall be
for an equipment sales, rental and leasing outlet, and the existing single detached
residential dwelling. Such uses shall be subject to the following:
Minimum Lot Area:
5,000 sq. metres.
Minimum Lot Frontage:
58 metres.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-163 (See Schedule No. 12A)
Notwithstanding Subsection 9.4.2.3 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Rural (A2-163) and shown on Schedule "12A"
affixed hereto as Parcel 1:
Minimum Front Yard - 55 metres
By-law Number 37-2006 (Consolidated April 1, 2017)
154
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-164 (See Schedule No. 12A)
Notwithstanding section 9.2.1 of By-law No. 37-2006 to the contrary, the following provision
shall apply to the lands zoned Rural (A2-164) and shown on Schedule "12A" affixed hereto
as Parcel 2:
Minimum Lot Area - 16 hectares
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-165 (See Schedule No. 20A)
Notwithstanding Subsection 9.1 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Rural (A2-165) and shown on Schedule "20A"
affixed hereto:
Permitted Uses - a second single detached dwelling existing as of the date of passage of
this by-law.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
R1B-166 (See Schedule No. 56B)
Notwithstanding Subsection 12.2.5 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Low Density Residential (R1B-166) and shown on
Schedule "56B" affixed hereto:
Minimum Exterior Side Yard - 3.0 metres
M1-167 (See Schedule No. 56B)
Notwithstanding subsection 12.2.6 of By-law No. 37-2006, and in accordance with section
3.5, lands within the Industrial (M1-167) Exception Zone shall be included in the calculation
of lot area for the lands subject to this By-law.
Minimum Rear Yard - 3.0 metres
A2-168 (See Schedule No. 37A)
Notwithstanding Section 9 to the contrary, the lands zoned A2-168 may be used for a
Commercial Kennel as a Home Occupation subject to the following provisions:
i)
The Commercial Kennel may be conducted within an accessory building or structure
and may include an outdoor animal enclosure provided the total ground floor area
ii)
iii)
does not exceed 55 square metres.
Minimum Front Yard:
Minimum Side Yard - north side:
45 metres
40 metres
155
By-law Number 37-2006 (Consolidated April 1, 2017)
iv)
Minimum Side Yard - south side:
160 metres
v)
Minimum Rear Yard:
15 metres
A1-169 (See Schedule No. 20B)
Notwithstanding Subsection 8.2.1 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Agricultural (A1-169) and shown on Schedule "20B"
affixed hereto:
Minimum Lot Area - 27 hectares
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-170 (See Schedule No. 29A)
In addition to the permitted uses established under section 9.1 of By-law No. 37-2006, lands
zoned Rural (A2-170) Exception Zone may be used for a Commercial Kennel subject to the
following special provisions:
Regulations applicable to a Commercial Kennel:
Maximum Number of Dogs:
30 plus any offspring up to the age of 3 months
Maximum Number of Employees:
Not more than one employee, other than the owner
and family
For the purposes of this By-law, a "Commercial Kennel" means lands, buildings, or
structures where dogs are bred and raised and are sold or kept for sale or boarded, and
shall be limited to the three existing buildings to be used as a commercial kennel as of the
date of passing of this by-law. No expansion of the three existing buildings to be used as a
commercial kennel, being presently approximately 20 square metres (210 sq.ft.), 36.7
square metres (400 sq. ft.), and 24.5 square metres (264 sq. ft.) in area respectively, shall
be permitted.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A1-171 (See Schedule No. 17A)
Notwithstanding Subsection 8.2.1 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Agricultural (A1-171) and shown on Schedule "17A"
affixed hereto:
Minimum Lot Area - 35 hectares
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
R1B-172 (See Schedule No. 53A)
Notwithstanding Subsections 12.2.3 and 12.2.6 of By-law No. 37-2006 to the contrary, the
following provisions shall apply to the lands zoned Residential (R1B-172) and shown on
Schedule "53A" affixed hereto:
By-law Number 37-2006 (Consolidated April 1, 2017)
156
Minimum Front Yard - 4.5 metres;
Minimum Rear Yard - 4.5 metres
R2-173 (See Schedule No. 53A)
Notwithstanding Subsections 13.2.5.1, 13.2.5.2, 13.2.5.3, 13.2.5.5, 13.2.5.6 and 13.2.5.8 of
By-law No. 37-2006 to the contrary, the following provisions shall apply to the lands zoned
Residential (R2-173) and shown on Schedule "53A" affixed hereto:
Minimum Lot Area -
546 square metres;
Minimum Lot Frontage -
16.2 metres;
Minimum Front Yard, Minimum Exterior Side Yard, Minimum Rear Yard - as existing as of
the date of passing of the by-law for the existing fourplex residential dwelling;
Maximum Lot Coverage -
50%.
R1B-175 (See Schedule No. 54A)
Notwithstanding Subsection 12.2 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Residential (R1B-175) Exception Zone as shown on
Schedule "54A" affixed hereto:
i)
Minimum Lot Area:
15 hectares;
ii)
For the purposes of this paragraph, those lands zoned Future Development (FD)
Exception Zone are considered to form part of the subject lands and shall be used in
the calculation of the lot area.
A2-177 (See Schedule No. 8A)
Notwithstanding Subsection 9.1 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Rural (A2) Zone, shall apply to
the lands zoned Rural (A2-177):
In addition to the permitted uses of Subsection 9.1 of By-law No. 37-2006, a Garden Suite
(granny flat) shall be permitted pursuant to Section 39 of the Planning Act R.S.O. 1990, as
amended, for a period not exceeding ten (10) years from the date of passing of this By-law
on the lands subject to this By-law as shown on Schedule "8A".
A2-178 (See Schedule No. 23A)
Notwithstanding Subsection 8.2.1 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Agricultural (A2-178) and shown on Schedule
"23A" affixed hereto as Parcel 1:
i)
Minimum Lot Area - 20 hectares
ii)
For the purposes of this paragraph, those lands zoned Rural (A2-179) Exception Zone
are considered to form part of the subject lands and shall be used in the calculation of
the lot area.
A1-179 (See Schedule No. 23A)
Notwithstanding Subsection 9.2.1 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Rural (A1-179) and shown on Schedule "23A"
affixed hereto as Parcel 2:
By-law Number 37-2006 (Consolidated April 1, 2017)
157
i)
Minimum Lot Area - 20 hectares
ii)
For the purposes of this paragraph, those lands zoned Agricultural (A1-178) Exception
Zone are considered to form part of the subject lands and shall be used in the
calculation of the lot area.
A1-180 (See Schedule No. 23A)
Notwithstanding section 8.2.1 of By-law No. 37-2006 to the contrary, the following provision
shall apply to the lands zoned Agricultural (A1-180) and shown on Schedule "23A" affixed
hereto as Parcel 2:
Minimum Lot Area - 20 hectares
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-181 (See Schedule No. 20C)
Notwithstanding Subsection 9.2.1 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Rural (A2-181) and shown on Schedule "20C"
affixed hereto:
Minimum Lot Area - 17 hectares
Notwithstanding any provision to the contrary in section 9 of By-law No. 37-2006, no
buildings, structures or wells shall be permitted on the lands zoned A2-181 within 500
metres of the existing landfill site, subject to the completion of an Environmental Impact
Study to the satisfaction of the County of Grey Planning & Development Department.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-182 (See Schedule No. 20C)
Notwithstanding Subsection 9.2.1 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Rural (A2-182) and shown on Schedule "20C"
affixed hereto:
Minimum Lot Area - 17 hectares
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-183 (See Schedule No. 22C)
Notwithstanding Subsection 9.2.2 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Rural (A2-183) and shown on Schedule "22C"
affixed hereto:
i)
Minimum Lot Frontage - 100 metres
By-law Number 37-2006 (Consolidated April 1, 2017)
158
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A1-184 (See Schedule No. 26A)
Notwithstanding Subsection 8.2.1 of By-law No. 37-2006, as amended, the following
provisions, in addition to any other provisions pertaining to the Agricultural (A1) Zone, shall
apply to the lands zoned Agricultural (A1-184) Exception Zone, and shown on Schedule
"26A" affixed hereto as Parcel 1:
Minimum Lot Area - 20 hectares
Notwithstanding any provision in By-law No. 37-2006 to the contrary, the barn existing as of
the date of passage of this by-law shall be permitted to be used for dry storage only.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A1-185 (See Schedule 26A)
Notwithstanding Subsection 8.2.1 of By-law No. 37-2006, as amended, the following
provisions, in addition to any other provisions pertaining to the Agricultural (A1) Zone, shall
apply to the lands zoned Agricultural (A1-185) Exception Zone, and shown on Schedule
"26A" affixed hereto as Parcel 2:
Minimum Lot Area - 20 hectares
Notwithstanding any provision in By-law No. 37-2006 to the contrary, the barn existing as of
the date of passage of this by-law shall be permitted to be used for dry storage only.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-186 (See Schedule 32A)
Notwithstanding Subsection 9.1 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Rural (A2-186) and shown on Schedule "32A"
affixed hereto as Parcel 1:
No residential development shall be permitted on Parcel 1.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone and Natural Environment (NE2) Zone shall be included in
the calculation of lot area for the lands subject to this By-law.
R3-190 (see Schedule 53B)
Notwithstanding Section 14, the lands zoned R3-190 shall be used in accordance with the
R3 one provisions, excepting however the following shall apply for street townhouses:
(a)
minimum lot frontage shall be 5.7 metres (18.7 feet);
(b)
minimum lot frontage, corner lot shall be 13 metres (42.6 feet);
By-law Number 37-2006 (Consolidated April 1, 2017)
159
(c)
minimum front yard shall be 6 metres (19.6 feet);
(d)
minimum exterior side yard shall be 5.7 metres (18.7 feet);
(e)
minimum rear yard shall be 6 metres (19.6 feet);
(f)
minimum floor area shall be 65 square metres (700 square feet);
(g)
all other provisions of the Section 14.2.1 shall apply;
(h)
1 parking space per dwelling unit shall be provided on the driveway private to the unit,
and in the front yard.
(i)
no parking or storing of any vehicle is allowed in the rear or side yard;
(j)
a fence erected in the front yard shall be at least 50% open and not exceed 1m (3.3
feet) in height. A clearance of 8 cm shall be allowed for installation and shall not
count in determining the height of the fence. No privacy fence may be erected in the
front of a residence. A hedge may be grown and maintain within the front yard, but
may not exceed 1 m (3.3 feet) in height.
(k)
a fence or hedge erected, grown or maintained in a side or rear yard shall not exceed
1.8 metres (5.9 feet) in height above ground level;
(l)
accessory buildings and structures shall be erected in accordance with Section 6.1,
excepting however that:
i.
accessory buildings and structures are only permitted in the rear yard, but not
within 1 metre (3.3 feet) of the rear lot line;
ii.
a side yard of 1.2 metres (4 feet) shall be required, except where a common or
mutual building is construction simultaneously on both side of a lot line as one
building, in which case no side yard is required to the common wall of said
building;
iii.
accessory buildings and structures shall not cover more than 20 square metres
(215 square feet) of each lot;
C2-191 (see Schedule 56C)
Notwithstanding Section 18, the lands zoned C2-191 shall be used in accordance with the
C2 zone provisions, excepting however that a printing plant, publishing house, retail shop
and business office accessory thereto shall also be permitted.
C1-192 (see Schedule 54B)
Notwithstanding Section 17, the lands zoned C1-192 shall be used in accordance with the
C1 zone provisions, excepting however that the only permitted uses are a business or
professional office, clinic, personal service shop, retail shore, service shop and a dwelling
unit(s) above the first storey of the main building.
By-law Number 37-2006 (Consolidated April 1, 2017)
160
R2-193 (see Schedule 55A)
Notwithstanding Section 13, the lands zoned R2-193 shall be used in accordance with the
R2 zone provisions, excepting however that the only permitted uses are a detached
dwelling and an auto body shop. No expansion or enlargement of the auto body shop
without an amendment to the Zoning By-law.
R1B-194 (see Schedule 54B)
Notwithstanding Section 12, the lands zoned R1B-194 shall be used in accordance with the
R1B zone provisions, excepting however that one apartment and one business or
professional office shall also be permitted.
C2-195 (see Schedule 56C)
Notwithstanding Section 18, the lands zoned C2-195 shall be used in accordance with the
C2 zone provisions, excepting however that an office supply and stationary store and a
printing shop accessory to the office supply and stationary store shall also be permitted.
C1-196 (see Schedule 54B)
Notwithstanding Section 17, the lands zoned C1-196 shall be in accordance with the C1
zone provisions, excepting however that the only permitted uses are an art, dance or
photographic studio, bank or financial institution, business or professional office, clinic,
personal service shop, retail shop, dry cleaner's establishment and a wholesale use
accessory to any of the aforementioned permitted uses.
C1-198 (see Schedule 53B)
Notwithstanding Section 17, the lands zoned C1-198 shall be shall in accordance with the
C1 zone provisions, excepting however that the only permitted uses are an art, dance or
photographic studio, bank or financial institution, business or professional office, clinic,
convenience store, funeral home, hotel, parking area, personal service shop, restaurant,
retail shop, service shop, dry cleaner's establishment, a wholesale use accessory to any of
the aforementioned permitted uses and a dwelling unit(s) above the first storey of the main
building.
R1B-199 (see Schedule 54B)
Notwithstanding Section 12, the lands zoned R1B-199 shall be shall in accordance with the
R1B zone provisions, excepting however that an artist studio shall also be permitted.
R3-200 (see Schedule 53B)
Notwithstanding Section 14, the lands zoned R3-200 shall be shall in accordance with the
R3 zone provisions, excepting however that an apartment building shall contain a maximum
of 6 dwelling units.
R3-201 (see Schedule 53B)
Notwithstanding Section 14, the lands zoned R3-201 shall be shall in accordance with the
R3 zone provisions, excepting however that an apartment building shall contain a maximum
of 6 dwelling units.
By-law Number 37-2006 (Consolidated April 1, 2017)
161
R1B-204 (see Schedule 53B)
Notwithstanding Section 12, the lands zoned R1B-204 shall be used in accordance with the
R1 zone provisions, excepting however that the minimum lot frontage shall be 38.1 metres
(125 feet).
R3-205 (see Schedule 53B)
Notwithstanding Section 14, the lands zoned R3-205 may also be used as a retirement
lodge comprising a maximum of 21 units, in accordance with the I zone provisions and the
following:
(a)
For the purposes of the R3-205 zone, a retirement lodge shall mean a building in
which accommodation is provided primarily for retired persons or couples where each
private living unit has a separate entrance from a common hall, but where common
facilities for the preparation and consumption of food are provided in addition to
common lounges and/or recreation rooms.
(b)
The minimum floor area of each unit will be 300 square metres (28 square metres);
and,
(c)
The parking requirements for the retirement lodge shall be 1 space per four units.
A3-206 (See Schedule 19A)
Notwithstanding Subsection 10.4.2.1 of By-law No. 37-2006, as amended, the following
provisions, in addition to any other provisions pertaining to the Restricted Rural (A3) Zone,
shall apply to the lands zoned Restricted Rural (A3-206) Exception Zone, and shown on
Schedule "19A" affixed hereto as Parcel 1:
Minimum Lot Area - 0.40 hectares
A2-207 (see Schedule 4A)
Notwithstanding Section 9, the lands zoned A2-207 shall be used in accordance with the A2
zone provisions excepting however that:
(a)
A livestock facility shall not exceed a capacity of 80 nutrient units;
(b)
No portion of the livestock facility shall be located closer than 160 metres (525
feet) from the easterly side lot line and no further than 200 metres (656 feet) from
the easterly side lot line.
C2-209 (see Schedule 56C)
Notwithstanding Section 18, the lands zoned C2-209 shall be used in accordance with the
C2 zone provisions, excepting however that:
(a)
A recreational vehicle, tent and/or trailer sales and service establishment in
accordance with Section 18.2 and 18.2;
(b)
A recreational vehicle, tent and/or trailer manufacturing establishment in accordance
with Section 24.2, 24.3, 24.4 and 24.5;
By-law Number 37-2006 (Consolidated April 1, 2017)
162
(c)
A business office accessory to a use permitted in (i) or (ii) and located within the main
building in which the permitted use(s) of (i) and/or (ii) is/are situated, and not within an
accessory building;
(d)
Open storage area accessory to a use permitted in (i) or (ii) in accordance with
Section 6.26;
(e)
Outdoor display area accessory to a use permitted in (i) in accordance with Section
6.25;
R2-210 (see Schedule 55F)
Notwithstanding Section 6.1, Section 6.14 and Section 13 of By-law No. 37-2006, as
amended, those lands zoned R2-210 shall be used in accordance with the R2 zone
provisions, excepting however that:
(a)
An accessory building having a maximum floor area of 170 square metres and a
maximum building height of 5.5 metres shall be permitted, and may be used as a
honey house in accordance with Section 6.14, excepting however that Section 6.14(g)
shall not apply. For the purposes of the R2-210 zone, a honey house shall mean a
building, or part thereof, accessory to the detached dwelling, where honey and the
equipment used in the processing of honey is kept. No bees shall be permitted on
site and no retailing of honey shall be permitted.
(b)
The maximum lot coverage of all accessory buildings shall be 13%.
(c)
The front, side and rear yard requirements for all accessory buildings shall be as the
buildings existed on March 9, 2015.
(d)
No new accessory buildings or expansions of existing accessory buildings shall be
permitted unless an existing accessory building(s) is removed and the lot coverage for
all accessory buildings does not exceed 10% and the new or expanded accessory
building meets all applicable zoning provisions.
C4-211 (see Schedule 4A)
Notwithstanding Section 20, on those lands zoned C4-211, the following shall apply:
(a)
Permitted uses shall be limited to the following, in accordance with Section 20.2, 20.3
and 20.4:
(i)
mini storage facility;
(ii)
motor vehicle repair shop or body shop;
(iii)
retail warehouse;
(iv)
recreational vehicle sales and service establishment;
(v)
open storage accessory to a permitted use; and
(vi)
uses, buildings and structures accessory to a permitted use.
(b)
Any area used for open storage purposes shall be enclosed by a fence not less than 2
metres in height or screened by trees having a minimum height of 1.2 metres at the
time of planting.
By-law Number 37-2006 (Consolidated April 1, 2017)
163
M3-212 (see Schedule 24A)
Notwithstanding Section 26, on those lands zoned M3-212, the land uses on the property
shall be limited to:
(a)
a mini-storage facility in which all storage is contained indoors;
(b)
a contractor's yard consisting of an outdoor storage area measuring a maximum of
2700 square metres, three storage sheds each measuring a maximum of 15 square
metres, and a single storey office building measuring a maximum of 55 square
metres; and,
(c)
A detached dwelling and accessory uses thereto.
R2-213 (see Schedule 56C)
Notwithstanding Section 13, on those lands zoned R3-213, the land uses on the property
shall be limited to a boarding house not exceeding 12 rooms, in addition to buildings and
structures accessory to the boarding house.
R1B-214 (see Schedule 59A)
Notwithstanding Section 12.3, on those lands zoned R1B-214, development serviced by
municipal water and a private septic system may be permitted in accordance with Section
12.
R3-215 (see Schedule 60A)
Notwithstanding Section 14, on those lands zoned R3-215, the land uses on the property
shall be limited to a residential building containing three dwelling units on the existing lot of
record excepting however that:
(a)
minimum side yard shall be 4.5 metres;
(b)
minimum rear yard shall be 1 metres; and,
(c)
minimum floor area per dwelling unit shall be 56 square metres.
A2-216 (see Schedule 28A)
Notwithstanding Section 9, on those lands zoned A2-216, the land uses shall be limited to a
detached dwelling and uses, buildings and structures accessory thereto, as well as an
automobile service station and an automobile sales and service establishment, subject to
the following:
(a)
the detached dwelling and uses, buildings and structures accessory thereto shall be
subject to the provisions of section 9.4.2;
(b)
the building occupied by the automobile service station and automobile sales and
service establishment shall have a maximum floor area of 167.23 square metres, a
minimum front yard of 15 metres and a maximum building height of 8 metres.
(c)
a maximum of six vehicles associated with the automobile service station and
automobile sales and service establishment shall be permitted on site at any one time;
(d)
a maximum of two employees, in addition to the owner, shall be employed on site;
and
By-law Number 37-2006 (Consolidated April 1, 2017)
164
(e)
outdoor storage shall be prohibited except for the parking of automobiles, up to a
maximum of six, with such parking area being screened from neighbouring residential
uses by a planting strip and/or fence.
FL-217 (See Schedule 54C)
Notwithstanding Section 32.1, on those lands zoned FL-217, no vegetation removal shall be
permitted except where related to the construction of the stormwater management facility,
and no filling, excavation or regarding shall be permitted unless approved by the Saugeen
Valley Conservation Authority.
A1-218 (See Schedule 8D)
Notwithstanding the provisions of subsections 8.2.1 and 8.2.2 to the contrary, the following
provisions shall apply to the lands zoned Agricultural (A1-218) Exception Zone, as shown
on Schedule "8C" affixed hereto:
i)
Minimum Lot Area -
22 hectares
ii)
Minimum Lot Frontage - 19.8 metres
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-219 (See Schedule 9B)
Notwithstanding Subsections 9.2.1 and 9.2.2 of By-law No. 37-2006, as amended, the
following provisions, in addition to any other provisions pertaining to the Rural (A2) Zone,
shall apply to the lands zoned Rural (A2-219) and shown on Schedule "9B" affixed hereto
as Parcel 3:
Minimum Lot Area - 16 hectares
Minimum Lot Frontage - 76 metres
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone and "No Development Zone" shall be included in the
calculation of lot area for the lands subject to this By-law.
For the purposes of this By-law, NO DEVELOPMENT shall mean the creation of a new lot,
a change in land use, or the construction of buildings and structures requiring the approval
under the Planning Act, also any activity, such as fill, grading and excavation, that would
change the landform and natural vegetative characteristics of the site.
ER-220 (see Schedule 4B)
Notwithstanding Section 15 of By-law No. 37-2006, as amended, those lands zoned ER-220
shall be used in accordance with the ER zone provisions excepting however that no septic
system or well shall be permitted.
OS-221 (See Schedule 17B)
Notwithstanding Section 29, those lands zoned OS-221 shall be used in accordance with
the OS zone provisions, excepting however that a hotel comprising a maximum of 40 units
and used in conjunction with the golf course shall be permitted in accordance with Section
29.1.
By-law Number 37-2006 (Consolidated April 1, 2017)
165
A3-224 (See Schedule 22D) (Lapses August 23, 2017
Notwithstanding Subsection 10.1 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Restricted Rural (A3) Zone,
shall apply to the lands zoned Restricted Rural (A3-224):
In addition to the permitted uses of Subsection 10.1 of By-law No. 37-2006, a Garden Suite
shall be permitted pursuant to Section 39 of the Planning Act R.S.O. 1990, as amended, for
a period not exceeding ten (10) years from the date of passing of this By-law on the lands
subject to this By-law as shown on Schedule "22D.
A2-225 (See Schedule 9C)
In addition to the permitted uses established under section 9.1 of By-law No. 37-2006, lands
zoned Rural (A2-225) Exception Zone may be used for a Commercial Kennel subject to the
following provisions:
Regulations applicable to a Commercial Kennel:
Minimum Front Yard:
33.8 metres
Minimum Rear Yard:
405 metres
Minimum East Side Yard:
3.3 metres
Minimum West Side Yard:
47 metres
Maximum Number of Dogs:
20 plus any offspring up to the age of 3
months
Maximum Number of Employees:
Not more than one employee, other than the
Owners
For the purposes of this By-law, a "Commercial Kennel" shall mean lands, buildings or
structure, including outdoor pens, where dogs are bred and raised and are sold or kept for
sale, or boarded.
The dogs shall be kept indoors during the hours of 10:00 p.m. to 7:00 a.m.
The "h" (holding) symbol shall not be removed until such time the owner has demonstrated
to the satisfaction of the Chief Building Official that a permanent wooden fence(s) has been
erected that visually screens the outdoor pens from view from the east and from the County
Road. Until such time as the "h" (holding) symbol has been removed, a Commercial Kennel
is not a permitted use on the subject lands.
The dogs shall be kept indoors during the hours of 10:00 p.m. to 7:00 a.m.
A2-226 (See Schedule 19B)
Notwithstanding Subsections 9.2.1 and 9.2.2 of By-law No. 37-2006, as amended, the
following provisions, in addition to any other provisions pertaining to the Rural (A2) Zone,
shall apply to the lands zoned Rural (A2-226) Exception Zone, and shown on Schedule
"19B" affixed hereto:
Minimum Lot Area - 19.4 hectares
Minimum Lot Frontage - 100 metres
By-law Number 37-2006 (Consolidated April 1, 2017)
166
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
M1-228 (See Schedule 6A)
Notwithstanding Section 24.2, the lands zoned M1-228 shall be subject to the following:
1.
Permitted Uses:
building manufacturing operation, which is defined as the use of lands, buildings
and/or structures for the construction, assembly, storage, selling and processing of
raw and/or finished products for the purpose of fabricating buildings, including but not
limited to timber frame homes;
bulk sales establishment;
contractor's yard;
custom workshop, which is defined as a building or structure or portion thereof where
the manufacturing of small quantities of articles is performed by a tradesman requiring
manual or mechanical skills, but does not include machining, stamping or forging of
material, or any automotive repair, maintenance or body repair;
sawmill;
mini storage facility;
pen storage accessory to a permitted use;
uses, buildings and structures accessory to a permitted use;
business offices accessory to a permitted use;
craft shop accessory to a permitted use, which is defined as a building or portion
thereof which is accessory to a building manufacturing operation and is used for the
retailing or wholesaling of arts and crafts and would not include outdoor sales or
outdoor storage;
educational training facility, which is defined as a building or portion thereof for the
training and/or education of persons in the home building and manufacturing industry,
including custom tool operation; and,
model display home
2.
Regulations:
The buildings existing on the day of passing of this By-law shall be permitted in their
existing locations provided that any expansion to said buildings or any new buildings comply
with all applicable provisions.
A1-229 (See Schedule 1A)
Notwithstanding Section 8.4.2, on those lands zoned A1-229, the following exceptions shall
apply:
Maximum Lot Area:
1.2 hectares
Minimum Lot Frontage:
110 metres
No more than 1.24 animal units per hectare shall be permitted.
By-law Number 37-2006 (Consolidated April 1, 2017)
167
Any accessory structures existing on the date of passage of this By-law may be used for the
storage of agricultural products or general non-hazardous storage.
A1-230 (See Schedule 1A)
Notwithstanding Section 8.1, on those lands zoned A1-230, no residential dwelling shall be
permitted.
NE-231 (see Schedule 4B)
Notwithstanding Section 31 of By-law No. 37-2006, as amended, on those lands zoned NE
231 no development or site alteration, including vegetation removal/impacts, road
construction, surface water drainage, grading/filling, etc. shall be permitted.
NE-232 (see Schedule 4B)
Notwithstanding Section 31 of By-law No. 37-2006, as amended, an access laneway shall
be permitted on those lands zoned NE-232.
M1-235 (See Schedule 6A)
Notwithstanding Section 24.2, the lands zoned M1-235 shall be subject to the following:
1.
Permitted Uses:
bulk sales establishment;
contractor's yard;
custom workshop, which is defined as a building or structure or portion thereof where
the manufacturing of small quantities of articles is performed by a tradesman requiring
manual or mechanical skills, but does not include machining, stamping or forging of
material, or any automotive repair, maintenance or body repair;
sawmill;
mini storage facility;
transport terminal;
open storage accessory to a permitted use;
uses, buildings and structures accessory to a permitted use;
business offices accessory to a permitted use;
2.
Regulations:
The buildings existing on the day of passing of this By-law shall be permitted in their
existing locations provided that any expansion to said buildings or any new buildings comply
with all applicable provisions.
M1-237 (see Schedule 44B)
Notwithstanding Section 24.1, those lands zoned M1-237 shall be used in accordance with
the following:
Permitted Uses:
fuel distributor; agricultural bulk sales establishment; transport terminal; building supply
outlet; warehousing; equipment sales and rental; automobile sales establishment; dry
manufacturing plant; sawmill; public garage or body shop (agricultural machinery or
vehicles); automobile services station; farm equipment sales establishment; a horticultural
nursery; outdoor recreational equipment sales and service establishment; motel; open
By-law Number 37-2006 (Consolidated April 1, 2017)
168
storage accessory to a permitted use; and, uses, buildings and structures accessory to a
permitted use, including a business office and retail store.
Regulations for Permitted Uses:
The regulations of Section 24 shall apply, except however that:
minimum lot area:
0.8 hectares
minimum front yard:
15 metres
maximum building height:
15 metres
minimum landscaped open space:
10%
M1-237 (see Schedule 44D)
Notwithstanding the foregoing, on those lands zoned 'M1-237-h2' and described as Part Lot
31, Concession 1, Geographic Township of Normanby, Municipality of West Grey, no
development or site alteration shall be permitted until such time as the holding suffix "h2"
has been lifted, and such suffix shall not be lifted until an Environmental Impact Study has
demonstrated to the satisfaction of the Saugeen Valley Conservation Authority and the
Municipality of West Grey that the proposed site alteration and proposed development
would create no negative impact on the adjacent wetland feature or its ecological function.
M1-238 (see Schedule 44B)
Notwithstanding Section 24.1, those lands zoned M1-238 shall be used for any of the
following purposes, in accordance with the regulations of Section 24:
fuel distributor;
agricultural bulk sales establishment; transport terminal; building supply outlet;
warehousing; equipment sales and rental; automobile sales establishment; dry
manufacturing plant; sawmill; and, public garage or body shop (agricultural machinery or
vehicles).
In addition, an automobile washing establishment shall also be permitted,
provided the number of washing bays does not exceed three. A fourth washing bay shall be
permitted provided an Environmental Impact Study justifying a fourth bay has been
excepted by the Municipality.
C3-239 (see Schedule 44B)
Notwithstanding Section 19.1, those lands zoned C3-239 shall be used in accordance with
the permitted uses and regulations of Section 19, except however that a recreational vehicle
sales and service establishment shall also be permitted.
M2-240 (see Schedule 44B)
Notwithstanding Section 25.1, those lands zoned M2-240 shall be used in accordance with
the permitted and regulations of Section 25, except however that an automobile sales
establishment shall also be permitted.
A2-241 (see Schedule 51A)
Notwithstanding Section 6.10, those lands zoned A2-241 may be used for the purposes of a
detached dwelling and uses, buildings and structures accessory thereto in accordance with
the regulations of Section 9.2.
By-law Number 37-2006 (Consolidated April 1, 2017)
169
R2-242 (See Schedule 55C)
Notwithstanding Section 13.1 to the contrary, the only permitted uses for the lands zoned
R2-242 shall be as follows:
Single detached residential dwelling
Semi-detached residential dwelling
Duplex dwelling
Home Occupation
Accessory uses, buildings and structures in accordance with Section 6.1
A3-243 (See Schedule 48A)
Notwithstanding Subsection 10.2.1 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Restricted Rural (A3) Zone,
shall apply to the lands zoned Restricted Rural (A3-243) Exception Zone, and shown on
Schedule "48A" affixed hereto:
Minimum Lot Area - 18 hectares
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-244 (See Schedule 19C)
Notwithstanding Subsections 9.2.1 and 9.2.2 of By-law No. 37-2006, as amended, the
following provision, in addition to any other provisions pertaining to the Rural (A2) Zone,
shall apply to the lands zoned Rural (A2-244) Exception Zone, and shown on Schedule
"19C" affixed hereto:
Minimum Lot Area - 19 hectares
Minimum Lot Frontage - 100 metres
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A3-247 (see Schedule 25B)
Notwithstanding Section 10 of By-law No. 37-2006, as amended, those lands zoned A3-247
shall only be used for the purposes of a detached dwelling and accessory uses buildings
and structures, in accordance with the A3 zone provisions.
I-248 (see Schedule 56D)
Notwithstanding Section 28 of By-law No. 37-2006, as amended, those lands zoned I-248
shall be used in accordance with the Institutional Zone provisions excepting however that:
(i)
the 'minimum front yard' shall be 2.9 metres;
(ii)
the 'minimum rear yard' shall be 3.9 metres;
(iii)
the 'minimum interior side yard' shall be 0.0 metres;
(iv)
the 'minimum exterior side yard' shall be 0.3 metres;
By-law Number 37-2006 (Consolidated April 1, 2017)
170
v)
the 'maximum lot coverage' shall be 52%;
(vi)
a minimum of six (6) parking spaces shall be provided.
vii)
a manse shall also be permitted. For the purposes of this by-law, a manse shall mean
a detached dwelling for the accommodation of the clergy and family.
I-249 (see Schedule 59B)
Notwithstanding Section 28 of By-law No. 37-2006, as amended, those lands zoned I-249
shall be used in accordance with the I zone provisions excepting however that:
(i)
the 'minimum front yard' shall be 2.67 metres;
(ii)
a minimum of seventy-five (75) parking spaces shall be provided.
A2-250 (see Schedule 32B)
Notwithstanding Section 9 of By-law No. 37-2006, as amended, those lands zoned A2-250
shall be used in accordance with the A2 zone provisions excepting however that a
commercial kennel and dog training facility shall be permitted subject to the following
provisions:
Minimum front yard:
600 metres;
Maximum number of dogs in kennel:
30 plus any offspring up to the age of
3 months;
Maximum of three (3) breeding females permitted on the subject property.
For the purposes of this By-law, a commercial kennel shall mean lands, buildings or
structures, including outdoor pens, where dogs are bred and raised and are sold or kept for
sale, or boarded. The dogs associated with the commercial kennel shall be kept indoors
during the hours of 10:00 p.m. to 7:00 a.m.
For the purposes of this By-law, a dog training facility shall means lands where dogs,
accompanied by their respective owners, are taught obedience and agility in a class setting.
A3-251 (see Schedule 25B)
Notwithstanding Section 10 of By-law No. 37-2006, as amended, those lands zoned A3-251
shall only be used as an automobile repair establishment in accordance with Section 26.2,
provided the maximum gross floor area of the automobile repair establishment does not
exceed 250 square metres and the outdoor display area (i.e. parking area) does not exceed
750 square metres. For the purposes of this By-law, an automobile repair establishment
shall mean the lands and building where motor vehicles are repaired, but shall not include
autobody repair, automotive washing or automobile sales.
A2-252 (Schedule 2A)
Notwithstanding Subsections 9.2.1 and 9.2.2 of By-law No. 37-2006, as amended, the
following provision, in addition to any other provisions pertaining to the Rural (A2) Zone,
shall apply to the lands zoned Rural (A2-252) Exception Zone, as shown as Parcel 3 on
Schedule "2A" affixed hereto:
By-law Number 37-2006 (Consolidated April 1, 2017)
171
Minimum Lot Area - 17 hectares
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-253 (See Schedule 26B)
Notwithstanding Subsections 9.2.1 and 9.2.2 of By-law No. 37-2006, as amended, the
following provision, in addition to any other provisions pertaining to the Rural (A2) Zone,
shall apply to the lands zoned Rural (A2-253) Exception Zone, and shown on Schedule "26B"
affixed hereto:
Minimum Lot Area - 17 hectares
Minimum Lot Frontage - 100 metres
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
R1B-255 (see Schedule 54E)
Notwithstanding Subsection 12.2.2 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Residential (R1B-255) and shown on Schedule
"54E" affixed hereto:
Minimum Lot Frontage - 13.7 metres
R1B-256 (see Schedule 54E)
Notwithstanding Subsection 12.2.2 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Residential (R1B-256) and shown on Schedule
"54E" affixed hereto:
Minimum Lot Frontage - 13.7 metres
C5-257 (see Schedule 31A)
Notwithstanding Section 21 of By-law No. 37-2006, as amended, those lands zoned C5-257
shall be used in accordance with the C5 zone provisions excepting however that an outdoor
display area shall also be permitted in accordance with Section 6.25.
R1B-258 (see Schedule 55D)
Notwithstanding Subsections 12.2.1 and 12.2.4 of By-law No. 37-2006 to the contrary, the
following provisions shall apply to the lands zoned Residential (R1B-258) and shown on
Schedule "55D" affixed hereto:
Minimum Lot Area - 446 square metres
Minimum South Interior Side Yard
- One Storey - 1.82 metres
- More than one Storey - 2.43 metres
By-law Number 37-2006 (Consolidated April 1, 2017)
172
R1B- 259 (see Schedule 55D)
Notwithstanding Subsection 12.2.1 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Residential (R1B-259) and shown on Schedule
"55D" affixed hereto:
Minimum Lot Area - 446 square metres
A2-260 (See Schedule 24B)
Notwithstanding Subsection 9.2.2 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Rural (A2) Zone, shall apply to
the lands zoned Rural (A2-260) Exception Zone, and shown on Schedule "24B" affixed
hereto:
Minimum Lot Area - 12.9 hectares
A2-261 (see Schedule 24C)
Notwithstanding Section 6.14 b) and Appendix A of By-law No. 37-2006, as amended, an
automotive sales and service establishment shall be permitted on those lands zoned A2-261
in accordance with the provisions of Section 6.14. In no instance shall the number of
automobiles parked on the property exceed six, not including the owner's personal
vehicle(s). The Minimum Distance Separation requirement shall be 90 metres. The hours of
operation of the automotive sales and service establishment shall be Mondays to Fridays,
from 8:00 a.m. to 5:00 p.m.; and Saturdays, from 8:00 a.m. to 12 noon.
C1-262 (see Schedule 60B)
In addition to the permitted uses in section 17.1 of By-law No. 37-2006, a single detached
residential dwelling shall also be permitted in the lands zoned General Commercial (C1-262)
Exception Zone as shown on Schedule "60B" affixed hereto.
OS-263(seeSchedule 48B)
Notwithstanding Section 29.1, those lands zoned OS-263 shall be used in accordance
with the following:
Permitted Use:
golf course
Maximum height for a clubhouse facility:
2 storeys
Maximum floor area for a clubhouse facility:
125 square metres
Maximum seating capacity for a restaurant:
80 persons
For the purposes of this By-law, a "clubhouse" shall mean a building containing any of the
following uses: a restaurant/snack bar; an office accessory to the golf course; a retail use (pro
shop) accessory to the golf course; and, storage space accessory to the golf course.
A1-264 (see Schedule 11C)
Notwithstanding Subsection 8.1 of By-law No. 37-2006, as amended, the following provision,
in addition to any other provisions pertaining to the Agricultural (A1) Zone, shall apply to the
lands zoned Agricultural (A1-264):
In addition to the permitted uses of Subsection 8.1 of By-law No. 37-2006, a Garden
Suite shall be permitted pursuant to Section 39 of the Planning Act R.S.O. 1990, as
By-law Number 37-2006 (Consolidated April 1, 2017)
173
amended, for a period not exceeding ten (10) years from the date of passing of this By
law on the lands subject to this By-law as shown on Schedule "11C".
R3-265 (see Schedule 54F)
Notwithstanding Section 14.2 of By-law No. 37-2006, as amended, those lands zoned
R3-265 shall be used in accordance with the Section 14.2 excepting however that:
(i)
minimum front yard for a street townhouse shall be 6.6 metres; and,
(ii)
minimum exterior side yard for a street townhouse (exterior unit on a corner lot) shall
be 7 metres.
A2-266 (seeSchedule 26C)
Notwithstanding Section 6.14 b) and Appendix A of By-law No. 37-2006, as
amended, an automotive sales and service establishment shall be permitted on those
lands zoned A2-266 in accordance with the provisions of Section 6.14. In no instance
shall the number of automobiles parked on the property exceed six, not including the
owner's personal vehicle(s). The Minimum Distance Separation requirement shall be 90
metres. The hours of operation of the automotive sales and service establishment shall
be Mondays to Fridays, from 8:00 a.m. to 5:00 p.m.; and Saturdays, from 8:00 a.m. to 12
noon.
Notwithstanding subsection 9.2.4 d), the minimum interior side yard setback of the
existing accessory structure (shop) shall be 2.1 metres; and notwithstanding subsection
6.1.2. c), the existing accessory structure (shop) shall be permitted in the front yard.
A1-267 and A2-268 (Schedule 13C)
Notwithstanding Subsections 8.1 and 9.1 of By-law No. 37-2006 to the contrary, the
following provision shall apply to the lands zoned Agricultural (A1-267) and Rural (A2
268) as shown on Schedule "13C" affixed hereto:
No residential development shall be permitted.
C6-269 (Schedule 13C)
Notwithstanding Subsection 23.2.3 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Rural Commercial (C6-269) as shown on Schedule
"13C" affixed hereto:
Minimum Front Yard - as existing for the buildings existing as of the date of passing of this
By-law."
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
C2-271(SeeSchedule 60C)
Notwithstanding sections 6.1, 18.1, and 18.4.10 an Accessory Residential Dwelling Unit
shall be permitted in the front yard in conjunction with an automotive use, in addition to the
permitted uses in section 18.1 of By-law No. 37-2006, in the lands zoned Highway
Commercial (C2-271) Exception Zone as shown on Schedule "60C" affixed hereto. In no
By-law Number 37-2006 (Consolidated April 1, 2017)
174
instance shall the number of automobiles parked on the property exceed eight, not
including the owner's personal vehicle(s).
Notwithstanding any provision in By-law No. 37-2006 to the contrary, the barn existing as of
the date of passage of this by-law shall be permitted to be used for dry storage only."
A2-272(SeeSchedule 18B)
Notwithstanding any provision in By-law No. 37-2006 to the contrary, the barn existing as of
the date of passage of this by-law shall be permitted to be used for dry storage only.
A1-274(seeSchedule 40A)
Notwithstanding Section 8.1 of By-law No. 37-2006, as amended, and any other By-law
to the contrary, those lands zoned A1-274 shall be used in accordance with the A1
Zone provisions excepting however that a commercial kennel shall be permitted subject to
the following provisions:
Maximum number of dogs in kennel:
40 plus any offspring up to the age of
3 months;
Minimum West Side Yard Setback for Kennel Building: 24 metres
For the purposes of this By-law, a commercial kennel shall mean lands, buildings or
structures, including outdoor pens, where dogs are bred and raised and are sold or kept
for sale. The dogs associated with the commercial kennel shall be kept indoors during
the hours of 10:00 p.m. to 7:00 a.m.
M3-275 (see Schedule 26D)
Notwithstanding Subsection 26.1 of By-law No. 37-2006, the following provision, in addition
to any other provision pertaining to the M3 (Rural Industrial Zone) shall apply to the lands
zoned Rural Industrial Exception (M3-275) as shown on Schedule "26D"
affixed hereto:
Permitted Uses: One single detached dwelling, Welding & Hydraulic Repair Shop, and
uses, buildings and structures accessory thereto.
A2-276 (see Schedule 31B)
Notwithstanding Subsection 9.5, and Subsection 6.14 - Home Industry Regulations,
of West Grey Comprehensive Zoning By-law No. 37-2006, as amended, the lands zoned
'A2-276' shall also permit a motor vehicle inspection station licensing & appraisal centre
as a Home Industry, with an interior west side yard setback of 5.4 metres. The Home
Industry Exception use shall be exempt from the requirements in Subsection 6.14 prohibiting
the building or structure within 300 ft of a lot line of a vacant lot (less than 4.1 ha (10 ac)
in size: or within 300 ft of a residence on a separate lot.
In no instance shall the number of automobiles parked on the property exceed six, not
including the owner's personal vehicle(s). The hours of operation of the motor vehicle
inspection station licensing & appraisal centre shall be Mondays to Fridays, from 8:00 a.m. to
5:00 p.m.; and Saturdays, from 8:00 a.m. to 12 noon. No tractor- trailers or school buses
shall be permitted to be inspected or appraised in conjunction with the motor vehicle
inspection licensing and appraisal centre.
By-law Number 37-2006 (Consolidated April 1, 2017)
175
In addition to the permitted uses in the A2 (Rural Zone) and the A2-276 (Rural Exception
Zone) of By-law No. 37-2006, as amended, a Garden Suite (granny flat) shall be permitted
pursuant to Section 39 of the Planning Act R.S.O. 1990, as amended, for a temporary
period not to exceed twenty (20) years from the date of passing of this by-law.
R2-278 (see Schedule 54F)
Notwithstanding Section 14.2 of By-law No. 37-2006, as amended, those lands zoned
R2-278 shall be used in accordance with the Section 13.2 excepting however that:
(i)
minimum front yard for a semi-detached residential dwelling shall be 6.6 metres.
A2-281 (see Schedule 27A)
Notwithstanding Subsection 9.2.1 of By-law 37-2006, as amended, the following provision,
in addition to any other provisions pertaining to the Rural (A2) Zone, shall apply to the
lands zoned Rural (A2-281) Exception Zone, and shown on Schedule "27A" affixed here:
Minimum Lot Area - 17.8 hectares
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A3-282 (see Schedule 30A)
Notwithstanding Subsections 10.4.2.1 and 10.4.2.3 of By-law No. 37-2006 to the contrary,
the following provision shall apply to the lands zoned Restricted Rural (A3-282) as shown on
Schedule "30A" affixed hereto:
Minimum Lot Area - 0.4 hectares;
Minimum Front Yard - 15.2 metres"
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A3-283 (see Schedule 30A)
Notwithstanding Subsection 10.2.1 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Restricted Rural (A3-283) as shown on Schedule
"30A" affixed hereto:
Minimum Lot Area - 12.1 hectares"
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-284 (see Schedule 11D)
Notwithstanding Subsection 9.2.1 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Rural (A2) Zone, shall apply to
By-law Number 37-2006 (Consolidated April 1, 2017)
176
the lands zoned Rural (A2-284) Exception Zone, as shown on Schedule "11D" affixed
hereto:
Minimum Lot Area - 11 hectares."
NE-285 (see Schedule No. 18C)
Notwithstanding Section 31, Natural Environment Zone, those lands zoned NE-285 shall be
considered a "No Development Zone".
For the purposes of this By-law, the "No
Development Zone" shall prohibit the change in land use or any activity, such as fill, grading
and excavation that would change the landform and natural vegetative characteristics of the
site.
OS-286 (see Schedule No. 16A)
Notwithstanding Section 29, Open Space Zone, those lands zoned OS-286 shall only be
used for the purposes of a campground as well as uses, buildings and structures accessory
to a campground in accordance with the accessory uses provisions of Section 6.1.
NE-287 (see Schedule No. 16A)
Notwithstanding Section 31, Natural Environment Zone, on those lands zoned NE-287 a
campground shall be permitted in conjunction with the campground on those lands zoned
OS-287.
A total of 80 campsites shall be permitted on the lands zoned OS-286 and NE-287.
A "No Development Zone" shall apply to the lands adjacent to the OS-286 and NE-287
zoned lands. For the purposes of this By-law, the "No Development Zone" shall prohibit the
change in land use or any activity, such as fill, grading and excavation that would change
the landform and natural vegetative characteristics of the site.
A2-289 (see Schedule No. 28B)
Notwithstanding Subsections 9.2.1 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Rural (A2) Zone, shall apply to
the lands zoned Rural (A2-289) Exception Zone, and shown on Schedule "28B" affixed
hereto:
Minimum Lot Area - 15.3 hectares
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-290 (see Schedule No. 35A)
Notwithstanding Subsections 9.2.1 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Rural (A2) Zone, shall apply to
the lands zoned Rural (A2-290) Exception Zone, and shown on Schedule "35A" affixed
hereto:
Minimum Lot Area - 17.5 hectares
By-law Number 37-2006 (Consolidated April 1, 2017)
177
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-291 (see Schedule 30B)
Notwithstanding their 'A2' zoning, those lands described as Part Lot 45, Concession 3 SDR,
Geographic Township of Glenelg, Municipality of West Grey and shown as 'A2-291' on
Schedule 30B' shall be used in accordance with the 'A2' zone provisions excepting however
that the following shall also be permitted:
(i)
A special event to be held one weekend (including a long weekend) per calendar
year from Friday to Monday for motorcycle enthusiasts. The special event shall be
limited to the following: live music entertainment; bike rodeo events (excluding
racing, and "burn out" contests and other activities and games that result in the
burning of motorcycle tires); camping; and, the sale of food, drink leather goods,
crafts and souvenir products.
No uses, buildings or structures located on the property on the day of passing of this
By-law shall be given a legal non-conforming status because none qualify for such
status. All uses, building and structures, either existing prior to the passing of this
By-law or occurring on the site after the passing of this By-law, shall conform to this
By-law.
A Site Plan Control Agreement shall be required for all lands zoned 'A2-291' and
'NE' situated on the subject property, and such Agreement shall include, but not be
limited to, the following: the details pertaining to the maximum number of special
event attendees; the location and orientation of the entertainment stage; the location
of the campsites; parking; the hours of the event; the hours of all entertainment
including the playing of stereos; noise mitigation measures; the provision of sewage
disposal and potable water; buffering; the provision of emergency services; timing
for setting up the event and tearing down after the event; and other matters deemed
necessary by Council.
A2-292 (see Schedule 24E)
Notwithstanding Section 9 of By-law No. 37-2006, as amended, in addition to those uses
permitted in the A2 zone, a garden centre / landscaping business shall also be permitted
subject to the following
(1)
this use does not occupy more than 250 square metres of a building(s);
(2)
all buildings and structures shall be set back a minimum of 20 metres from the front lot
line and 18.3 metres from all other lot line;
(3)
this use does not employ more than the equivalent of five full-time employees in
addition to the owner;
(4)
outdoor storage and display is limited to area not greater than 750 square metres;
(5)
the Minimum Distance Separation requirement for this use shall be 280 metres.
By-law Number 37-2006 (Consolidated April 1, 2017)
178
I-293 (seeSchedule 43C)
Notwithstanding Section 6.17.1 of By-law No. 37-2006, as amended, a school shall be
permitted on those lands zoned I-293 in accordance with all relevant provisions of By-law
No. 37-2007.
R1A-294(seeSchedule 60D)
Notwithstanding Section 11.2 of By-law No. 37-2006, as amended, those lands zoned 'R1A
294' shall be used in accordance with the 'R1A' zone excepting however that:
(1)
the 'minimum lot area' requirement shall be 1030 square metres; and
(2)
the 'minimum lot frontage' requirement shall be 25.6 metres.
A2-296 (see Schedule 20F)
Notwithstanding Section 9 of By-law No. 37-2006, as amended, those lands zoned 'A2-296'
shall be used in accordance with the 'A2' zone excepting however that:
(1)
the livestock facility existing on the date of passage of this Zoning By-law Amendment
shall be used for storage purposes only;
(2)
the 'minimum lot frontage' requirement shall be 77 metres.
A1-296 (see Schedule No. 36A)
Notwithstanding Subsections 8.4.2.1 and 8.4.2.3 of By-law No. 37-2006, as amended, the
following provisions, in addition to any other provisions pertaining to the Agricultural
(A1) Zone, shall apply to the lands zoned Agricultural (A1-296) and shown on Schedule
"36A" affixed hereto:
Minimum Lot Area - 0.4 hectares
Minimum Front Yard - 5.0 metres"
ER-298 (see Schedule to 50D)
Notwithstanding Section 15 of By-law No. 37-2006, as amended, those lands zoned ER-298
shall be used in accordance with the ER zone provisions excepting however that:
(1)
The 'minimum lot area' shall be 0.45 hectares.
(2)
Notwithstanding subsection 6.20.2 to the contrary, lands within the Natural
Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
NE-299 (see Schedule to 11D)
Notwithstanding Subsection 31 of By-law No. 37-2006, as amended, the following provision,
in addition to any other provisions pertaining to the Natural Environment (NE) Zone, shall
apply to the lands zoned Natural Environment (NE-299) Exception Zone, as shown on
Schedule "11D" affixed hereto:
That one (1) three and one half-metre (3.5 m) wide laneway may be permitted through the
Natural Environment (NE-299) Exception Zone, subject to review and approval by the
Saugeen Valley Conservation Authority prior to construction of the laneway.
By-law Number 37-2006 (Consolidated April 1, 2017)
179
A2-300 (see Schedule to 40C)
Notwithstanding Subsections 9.4.2.1, 9.4.2.3, 9.4.2.4, and 9.4.2.5 (minimum interior north
side yard only), the required setbacks for the aforementioned subsections for the existing
building shall be as existing as of the date of passing of this by-law, and:
Minimum Lot Area - 0.19 ha
A2-301 (see Schedule 4D)
Notwithstanding Section 9 of By-law No. 37-2006, as amended, those lands zoned 'A2-301'
shall be used in accordance with the 'A2' zone excepting however that:
(1)
the 'minimum lot area' requirement shall be 16 hectares.
NE-304 (see Schedule 33C)
Notwithstanding Section 31.2 to the contrary, the lands zoned NE-304 may be used for an
existing single family residence, and a public garage conducted wholly within the existing
barn structure. There will be no exterior additions to the existing barn structure, or major
modifications to the interior of the existing barn structure, after the date of passage of this
by-law.
Minimum Lot Area:
1,800 square metres
Minimum Lot Frontage:
105 metres
Outdoor Storage:
a)
Outdoor storage of goods or products shall not be permitted.
b)
Outdoor equipment storage area shall be fenced and/or be opened from surrounding
residential uses by a planting strip.
Employees:
Only the owner may be employed on the site.
C2-305 (see Schedule 45E)
Notwithstanding Section 18.1, the only permitted uses that shall apply to the lands zoned
Highway Commercial Exception (C2-305), as shown on Schedule "45E" affixed hereto, are
a Convenience Store and Accessory Residential Dwelling Unit,
And, notwithstanding Subsections 18.2.3 and 18.2.5 of By-law No. 37-2006 to the contrary,
the following provisions shall also apply to the lands zoned Highway Commercial Exception
(C2-305) as shown on Schedule "45E" affixed hereto:
Minimum Exterior Side Yard - 0.0 metres;
Minimum Front Yard - 0.0 metres
A1-306 (see Schedule 38A)
Notwithstanding Subsection 8.1 and 8.2.1 and of By-law No. 37-2006 to the contrary, the
following provisions shall apply to the lands zoned Agricultural (A1-306) as shown on
Schedule "38A" affixed hereto:
No residential dwelling shall be permitted on the subject property;
Minimum Lot Area - 39.8 hectares;
By-law Number 37-2006 (Consolidated April 1, 2017)
180
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A1-307 (see Schedule 39A)
Notwithstanding Subsection 8.4.2.1 of By-law No. 37-2006 to the contrary, the following
provisions shall apply to the lands zoned Agricultural (A1-307) as shown on Schedule "39A"
affixed hereto:
Minimum Lot Area - 0.5 hectares
A1-308 (see Schedule 39A)
Notwithstanding Subsection 8.1 and 8.2.1 and of By-law No. 37-2006 to the contrary, the
following provisions shall apply to the lands zoned Agricultural (A1-308) as shown on
Schedule "39A" affixed hereto:
No residential dwelling shall be permitted on the subject property;
Minimum Lot Area - 39 hectares"
A2-309 (see Schedule 42C)
Notwithstanding Subsections 9.1 of By-law No. 37-2006, as amended, the lands zoned A2
309 shall be permitted a garden suite as a temporary dwelling until January 16, 2016"
A1-310 (see Schedule No. 34A)
Notwithstanding Subsection 8.1 and 8.2.1 and of By-law No. 37-2006 to the contrary, the
following provisions shall apply to the lands zoned Agricultural (A1-310) as shown on
Schedule "34A" affixed hereto:
No residential dwelling shall be permitted on the subject property;
Minimum Lot Area - 38 hectares
For the purposes of Section 35.310, lands zoned 'A1-310', 'A3-311' and 'NE' shall be used
included in the calculation of lot area for the lands subject to this By-law, notwithstanding
subsection 6.20.2 of By-law No. 37-2006.
A3-311 (see Schedule No. 34A)
Notwithstanding Subsection 8.1 and 8.2.1 and of By-law No. 37-2006 to the contrary, the
following provisions shall apply to the lands zoned Agricultural (A3-311) as shown on
Schedule "34A" affixed hereto:
No residential dwelling shall be permitted on the subject property;
Minimum Lot Area - 38 hectares
For the purposes of Section 35.310, lands zoned 'A1-310', 'A3-311' and 'NE' shall be used
included in the calculation of lot area for the lands subject to this By-law, notwithstanding
subsection 6.20.2 of By-law No. 37-2006.
By-law Number 37-2006 (Consolidated April 1, 2017)
181
ER-312 (see Schedule No. 48C)
Notwithstanding Subsections 15.2.1 and 15.2.4 of By-law No. 37-2006, as amended, the
following provisions, in addition to any other provisions pertaining to the Estate Residential
(ER) Zone, shall apply to the lands zoned Estate Residential (ER-312) Exception Zone, as
shown on Schedule "48C" affixed hereto:
Minimum Lot Area - 0.18 hectares;
Minimum Interior Side Yard - 4.5 metres.
ER-313 (see Schedule No. 48C)
Notwithstanding Subsections 15.2.1, 15.2.2, and 15.2.4 of By-law No. 37-2006, as
amended, the following provisions, in addition to any other provisions pertaining to the
Estate Residential (ER) Zone, shall apply to the lands zoned Estate Residential (ER-313)
Exception Zone, as shown on Schedule "48C" affixed hereto:
Minimum Lot Area - 0.15 hectares;
Minimum Lot Frontage - 28 metres;
Minimum Interior West Side Yard - 3.9 metres.
Minimum Interior East Side Yard - 2.4 metres.
A1-313 (see Schedule No. 8F) (lapses June 21, 2022)
Notwithstanding Subsection 8.1 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Agricultural (A1) Zone, shall
apply to the lands zoned Agricultural (A1-313):
In addition to the permitted uses of Subsection 8.1 of By-law No. 37-2006, a Garden Suite
shall be permitted pursuant to Section 39 of the Planning Act R.S.O. 1990, as amended, for
a period not exceeding ten (10) years from the date of passing of this By-law on the lands
subject to this By-law as shown on Schedule "8F".
A2-314 (see Schedule No. 1B)
Notwithstanding Subsection 9.2.1 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Rural (A2) Zone, shall apply to
the lands zoned Rural (A2-314) Exception Zone, as shown on Schedule "1B" affixed hereto:
Minimum Lot Area - 14 hectares.
For the purposes of this By-law, NO DEVELOPMENT ZONE shall mean any activity, such
as fill, grading and excavation that would change the land form and natural vegetative
characteristics of the site. Development in the NO DEVELOPMENT ZONE shall not be
permitted until an Environmental Impact Study (EIS) has been completed to the satisfaction
of the Saugeen Valley Conservation Authority.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2 -315 (see Schedule No. 22E) (lapses August 23, 2032)
Notwithstanding Subsection 9.1 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Rural (A2) Zone, shall apply to
the lands zoned Rural (A2-315):
By-law Number 37-2006 (Consolidated April 1, 2017)
182
In addition to the permitted uses of Subsection 9.1 and the provision of Subsection 6.12 d)
of By-law No. 37-2006, a Garden Suite with a maximum floor area of 111.4 square metres
(1200 square feet) shall be permitted pursuant to Section 39 of the Planning Act R.S.O.
1990, as amended, for a period not exceeding twenty (20) years from the date of passing of
this By-law on the lands subject to this By-law as shown on Schedule "22E".
R3-316 (see Schedule No. 59H)
Notwithstanding Subsections 13.2.1 or 6.20 of By-law No. 37-2006 to the contrary, on those
lands zoned Residential Exception (R2-316) development shall occur in accordance with
the Residential (R2) Zone excepting however that:
(i)
FRONT YARD, Minimum:
6 m (29.6 feet);
(ii)
Section 6.20.1 shall not apply.
NE-317 (see Schedule No. 59H)
Notwithstanding Subsection 31.2 of By-law No. 37-2006 to the contrary, on those lands
zoned Natural Environment Exception (NE-317) an accessory building shall be permitted in
accordance with the accessory building provisions of the Residential (R2) Zone provided:
(i)
such accessory building is non-habitable and portable;
(ii)
the building comprises a maximum floor area of 10 square metres (107 square feet);
and,
(iii)
the building is situated within 3 metres (10 feet) of the Residential Exception (R2-316)
Zone.
No other buildings or structures or any sort including decks and swimming pools shall be
permitted within the Natural Environment Exception (NE-317) Zone.
A2-318 (see Schedule No. 37D)
Notwithstanding Subsection 9.1 of By-law No. 37-2006 as amended, on those lands zoned
'A2-318' an existing second detached dwelling and/or a mobile home shall be permitted in
addition to those uses normally permitted in the 'A2' zone.
A2-319 (see Schedule No. 32D)
Notwithstanding Subsections 9.4.2.1 and 9.4.2.3, the following provisions shall apply to the
lands zoned Rural (A2-319) Exception Zone:
Minimum Lot Area - 0.4 hectares;
Minimum Front Yard - 11.8 metres."
M1-320 (See Schedule 12D)
Notwithstanding Subsection 24.2 of By-law No. 37-2006 to the contrary, those lands zoned
Industrial Exception (M1-320) shall be used in accordance with the M1 zone provisions
excepting however that the total floor area of all buildings located on the property shall not
exceed 1150 square metres.
By-law Number 37-2006 (Consolidated April 1, 2017)
183
A2-322 (see Schedule No. 58B)
Notwithstanding Section 9.1of By-law No. 37-2006, the lands zoned 'A2-322' shall be used
in accordance with the 'A2' zone provisions excepting however that a custom workshop and
an accessory warehouse shall also be permitted. The accessory warehouse shall not
occupy more than 371 square metres of floor area.
A1-323 (see Schedule No. 36B)
Notwithstanding Section 9.1of By-law No. 37-2006, the lands zoned 'A1-323' shall be used
in accordance with the 'A1' zone provisions excepting however that a commercial kennel
shall also be permitted subject to the following:
Minimum front yard:
120 metres;
Minimum (north) side yard:
35 metres;
Minimum building size:
15 square metres;
Maximum building size:
265 square metres;
Maximum number of dogs:
25 plus any offspring up to the age of 3 months;
Maximum number of employees:
1, not including owner or owner's family.
OS-324 (See Schedule 52D)
Notwithstanding Section 9.1of By-law No. 37-2006, the lands zoned 'OS-324' shall be used
in accordance with the 'OS' zone provisions excepting however that a no buildings or
structures shall be permitted.
A2-326 (See Schedule 18E)
Notwithstanding Subsection 9.2 of By-law No. 37-2006 to the contrary, the following
provisions shall apply to the lands zoned Rural Exception (A2-326) as shown on
Schedule "18E" affixed hereto:
Minimum Lot Area - 0.32 hectares
Minimum Lot Frontage - 29 metres
For the purposes of Section 35.326, lands zoned 'A2-326' and 'NE' shall be included in the
calculation of lot area for the lands subject to this By-law, notwithstanding subsection 6.20.2 of
By-law No. 37-2006.
A2-327 (See Schedule 18E)
Notwithstanding Subsection 9.2 of By-law No. 37-2006 to the contrary, the following
provisions shall apply to the lands zoned Rural Exception (A2-327) as shown on
Schedule "18E" affixed hereto:
Minimum Lot Area - 0.27 hectares
Minimum Lot Frontage - 30 metres
For the purposes of Section 35.327, lands zoned 'A2-327' and 'NE' shall be included in the
calculation of lot area for the lands subject to this By-law, notwithstanding subsection 6.20.2
of By-law No. 37-2006.
By-law Number 37-2006 (Consolidated April 1, 2017)
184
A1-328 (See Schedule 31C)
Notwithstanding Subsection 8.4.2.1 of By-law No. 37-2006, as amended, the following
provisions, in addition to any other provisions pertaining to the Agricultural (A1) Zone, shall
apply to the lands zoned Agricultural (A1-328) and shown on Schedule "31C" affixed
hereto:
Minimum Lot Area - 0.41 hectares
A1-329 (See Schedule 39B)
Notwithstanding Subsection 8.2.1 and of By-law No. 37-2006 to the contrary, the
following provisions shall apply to the lands zoned Agricultural (A1-329) as shown on
Schedule "39B" affixed hereto:
(i)
Minimum Lot Area - 19.9 hectares;
(ii)
The 'h" suffix ("holding" symbol) attached to certain lands zoned A1-329 shall only be
removed once it has been demonstrated through an Environmental Impact Study to the
satisfaction of the Municipality of West Grey and the Saugeen Valley
Conservation Authority that site alteration or development within this area will not
negatively impact upon the ecological functions of the Significant Woodlands and
their adjacent lands.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
R1A-330 (See Schedule 47C)
Notwithstanding Subsections 11.2.1, 11.2.2, 11.2.3 and 11.2.4 of By-law No. 37-2006 to the
contrary, the following provisions shall also apply to the lands zoned Unserviced Residential
Exception (R1A-330) Zone, as shown on Schedule "47C" affixed hereto:
Minimum Lot Area - 849 square metres;
Minimum Lot Frontage - 16.5 metres;
Minimum Front Yard - as existing as the date of passing of this bylaw;
Minimum South Interior Side Yard - 1.1 metres.
A2-331 (See Schedule 25D)
Notwithstanding Subsection 9.2.1 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Rural (A2-331) as shown on Schedule "25D" affixed
hereto:
Minimum Lot Area - 11.5 hectares
A2-332 (See Schedule 25D)
Notwithstanding Subsection 9.2.1 of By-law No. 37-2006 to the contrary, the following
provision shall apply to the lands zoned Rural (A2-332) as shown on Schedule "25D" affixed
hereto:
Minimum Lot Area - 13.1 hectares
By-law Number 37-2006 (Consolidated April 1, 2017)
185
C2-333 (See Schedule 24G)
Notwithstanding Subsection 18.1 of By-law No. 37-2006 to the contrary, the lands zoned
Highway Commercial Exception (C2-333) shall be used in accordance with Section 18.1
excepting however that a detached dwelling may be permitted as an accessory use to an
automobile sales and service establishment.
R1A-335 (See Schedule 60E)
Notwithstanding Subsections 11.2.1 and 11.2.2 of Bylaw Number 37-2006, as amended,
the following provisions, in addition to any other provisions pertaining to the Residential
(R1A) Zone, shall apply to the lands zoned R1A-335 (Residential Exception Zone), as
shown on Schedule "60E" affixed hereto:
Minimum Lot Area - 1,030 square metres;
Minimum Lot Frontage - 20 metres.
A1-336 (See Schedule 21D)
Notwithstanding Subsection 8.2.1 of By-law No. 37-2006 to the contrary, the lands zoned
Agricultural Exception (A1-336) shall be used in accordance with the 'A1' zone regulations
excepting however that the 'minimum lot area' shall be 10.1 hectares.
OS-337 (See Schedule 21D)
Notwithstanding Subsection 29.1 of By-law No. 37-2006 to the contrary, the lands zoned
Open Space Exception (OS-337) shall only be used for conservation purposes.
A1-339 (see Schedule 43D)
Notwithstanding Subsection 8.4.2.1 of By-law No. 37-2006 to the contrary, the following
provisions shall apply to the lands zoned Agricultural (A1-339) as shown on Schedule "43D"
affixed hereto:
Minimum Lot Area - 16.2 hectares
Notwithstanding any provision in By-law No. 37-2006 to the contrary, the barn existing as of
the date of passage of this by-law shall be permitted to be used for dry storage only.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-341 (see Schedule 44C)
Notwithstanding Subsection 9.1 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Restricted Rural (A3) Zone,
shall apply to the lands zoned Restricted Rural (A2-341)
In addition to the permitted uses of Subsection 9.1 of By-law No. 37-2006, a Garden Suite
shall be permitted pursuant to Section 39 of the Planning Act R.S.O. 1990, as amended,
until October 20, 2034, on the lands subject to this By-law as shown on Schedule "44C".
A2-342 (see Schedule 23E)
Notwithstanding Subsection 9.4.2.1 of By-law No. 37-2006 to the contrary, the following
provisions shall apply to the lands zoned Agricultural (A2-342) as shown on Schedule "23E"
affixed hereto:
By-law Number 37-2006 (Consolidated April 1, 2017)
186
Minimum Lot Area - 9.3 hectares
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-343 (see Schedule 44E)
Notwithstanding Subsection 9 of By-law No. 37-2006 to the contrary, the following
provisions shall apply to the lands zoned Agricultural (A2-343) as shown on Schedule "44E"
affixed hereto:
1.
Minimum Lot Area - 3.2 hectares;
2.
The livestock facilities existing on the date of passage of this Zoning By-law
Amendment shall be used for storage purposes only.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-344 (see Schedule 13E)
Notwithstanding Subsection 9.2 of By-law No. 37-2006 to the contrary, the lands zoned 'A2
344' (Rural Exception) shall be used in accordance with the 'A2' Zone regulations excepting
however that:
(i)
the 'minimum lot area' shall be 4 hectares;
(ii)
the 'minimum lot frontage' shall be 170 metres.
A2-345 (see Schedule 13E)
Notwithstanding Subsection 29.1 of By-law No. 37-2006 to the contrary, the lands zoned
'OS-345' (Open Space Exception) shall only be used for conservation purposes."
A3-346 (see Schedule 22F)
Notwithstanding Section 10.1 of By-law No. 37-2006, as amended, those lands zoned A3
346 shall be used in accordance with the A3 zone provisions, excepting however that an
automobile repair establishment shall be permitted in accordance with Section 18.4 of this
By-law provided:
(a)
the total floor area of the automobile repair establishment and any associated
buildings shall not exceed 250 square metres;
(b)
the outside storage and display area, including the parking area, shall not exceed 500
square metres, except where the total floor area of the automobile repair
establishment and associated buildings is less than 250 square metres, in which case
the outdoor storage and display area may be increased such that the combined total
of the floor area of the automobile repair establishment and the outdoor storage and
display area does exceed 750 square metres;
By-law Number 37-2006 (Consolidated April 1, 2017)
187
(c)
a Site Plan Control Agreement pursuant to Section 41 of The Planning Act, R.S.O.
1990, as amended, shall be registered on title prior to any development or site
disturbance related to the automobile repair establishment occurring on the property.
A2-347 (see Schedule 18F)
Notwithstanding Subsection 9 of By-law No. 37-2006 to the contrary, the following
provisions shall apply to the lands zoned Agricultural (A2-347) as shown on Schedule "18F"
affixed hereto:
1.
Minimum Lot Area - 4.9 hectares.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-348 (see Schedule 20G)
Notwithstanding Section 9.2.1, Section 9.2.3 a), and Section 9.2.5 a) of By-law No. 37
2006, as amended, those lands zoned A2-348 shall be used in accordance with the A2
zone provisions, excepting however that:
(a)
The minimum lot area shall be 0.96 hectares;
(b)
The front and exterior side yard requirements for the existing dwelling shall be as
existing on September 21, 2015.
A1-349 (see Schedule 23F)
Notwithstanding Section 6.14 b) and Appendix A of By-law No. 37-2006, as amended, an
automotive service and repair establishment shall be permitted on those lands zoned 'A1
349' in accordance with the provisions of Section 6.14. In no instance shall the number of
automobiles parked on the property exceed six, not including the owner's personal
vehicle(s). The Minimum Distance Separation requirement shall be 185 metres. The hours
of operation of the automotive service and repair establishment shall be Mondays to
Fridays, from 8:00 a.m. to 5:00 p.m.; and Saturdays, from 8:00 a.m. to 12 noon.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A1-350 (see Schedule 3A)
Notwithstanding Sections 9.3.3 and 9.3.6 of Bylaw Number 37-2006, as amended, the
following provisions, in addition to any other provisions pertaining to the Rural (A2) Zone,
shall apply to the lands zoned A2-350 (Rural Exception Zone), as shown on Schedule "3A"
affixed hereto:
Minimum Front Yard for Existing Building to be Converted to a Detached Dwelling - as
existing as of the date of passing of this by-law;
By-law Number 37-2006 (Consolidated April 1, 2017)
188
Minimum Exterior Side Yard Setback for Existing Building to be Converted to a Detached
Dwelling - as existing as of the date of passing of this by-law.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
R2-351 (see Schedule 55G)
Notwithstanding Section 13.1 and Section 13.2.4.3 of By-law No. 37-2006, as amended,
those lands zoned R2-351 shall be used only for the following, in accordance with Section
13.2 of this By-law:
Single detached residential dwelling;
Semi-detached residential dwelling;
Building containing three residential dwelling units in accordance with Section 13.2.4;
Accessory uses, buildings and structures in accordance with Section 6.1.
Minimum Front Yard - 3.9 metres
A2-352 (see Schedule 1C)
Notwithstanding Subsections 9.2.2 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Rural (A2) Zone, shall apply to
the lands zoned Rural (A2-352) Exception Zone, and shown on Schedule "1C" affixed
hereto:
Minimum Lot Frontage - 77 metres.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-353 (see Schedule 1C)
Notwithstanding Subsections 9.2.1 and 9.2.4 a) of By-law No. 37-2006, as amended, the
following provision, in addition to any other provisions pertaining to the Rural (A2) Zone,
shall apply to the lands zoned Rural (A2-353) Exception Zone, and shown on Schedule "1C"
affixed hereto:
Minimum Lot Area - 8.9 hectares;
Minimum West Interior Side Yard for the existing Residential Dwelling - 3 metres. A new
(replacement) dwelling shall meet all minimum setback requirements of the Rural (A2)
Zone.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
R2-355 (see Schedule No. 55H)
Notwithstanding Section 24.1 of By-law No. 37-2006, the lands zoned 'R2-355' shall be
used in accordance with the 'R2' zone provisions or for the existing furniture warehouse and
By-law Number 37-2006 (Consolidated April 1, 2017)
189
retail outlet. No enlargement or expansion of the existing furniture warehouse and retail
outlet shall be permitted.
A3-356 (see Schedule No. 50H)
Notwithstanding Section 10.1, Restricted Rural (A3) Zone, the lands zoned Restricted Rural
(A3-356) Zone, shall be permitted a commercial boarding kennel with a maximum number
of twelve (12) dogs permitted in the commercial boarding kennel at any one time.
A1-357 (see Schedule No. 43E)
Notwithstanding Subsection 8.1 of By-law No. 37-2006, as amended, the following
provision, in addition to any other provisions pertaining to the Agricultural (A1) Zone, shall
apply to the lands zoned Agricultural (A1-357) Zone:
In addition to the permitted uses of Subsection 8.1 of By-law No. 37-2006, a Garden Suite
for farm help purposes shall be permitted pursuant to Section 39 of the Planning Act R.S.O.
1990, as amended, for a temporary period not to exceed five (5) years from the date of
passing of this by-law, on the lands subject to this By-law as shown on Schedule "43E".
A2-359 (see Schedule 3B)
Notwithstanding Section 9.2.1 of By-law No. 37-2006, as amended, those lands zoned A2
359 shall be used in accordance with the A2 zone provisions, excepting however that:
(a)
The minimum lot area shall be 12 hectares.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-360 (see Schedule 3B)
Notwithstanding Section 9.2.1 of By-law No. 37-2006, as amended, those lands zoned A2
360 shall be used in accordance with the A2 zone provisions, excepting however that:
(a)
The minimum lot area shall be 0.93 hectares.
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
A2-362 (see Schedule 51B)
Notwithstanding Section 6.1.2 b) of By-law No. 37-2006, as amended, those lands zoned
'A2-362' shall permit an accessory structure in the front yard.
A2-363 (see Schedule 51B)
Notwithstanding Section 9.2.2 of By-law No. 37-2006, as amended, those lands zoned 'A2
363' shall be used in accordance with the A2 zone provisions, excepting however that:
(a)
The minimum lot frontage shall be 103 metres.
By-law Number 37-2006 (Consolidated April 1, 2017)
190
Notwithstanding subsection 6.20.2 of By-law No. 37-2006 to the contrary, lands within the
Natural Environment (NE) Zone shall be included in the calculation of lot area for the lands
subject to this By-law.
M2-364 (see Schedule 27E)
Notwithstanding 25.1of By-law No. 37-2006 to the contrary, the lands zoned 'M2-364' shall
be used in accordance with the M2' zone provisions excepting however that a detached
dwelling shall also be permitted.
C2-365 (see Schedule 55I)
Notwithstanding 18.1 of By-law No. 37-2006 to the contrary, the lands zoned 'C2-365' shall
be used in accordance with the C2' zone provisions excepting however that a shopping
centre including a retail store(s) shall also be permitted.
By-law Number 37-2006 (Consolidated April 1, 2017)
191
SECTION 36 - ADMINISTRATION
This By-law shall be administered by the Municipality of West Grey in compliance with the
Planning Act, R.S.O., 1990 and amendments thereto. Council may conduct a review of this By
law in accordance with the requirements of the Planning Act, or as determined appropriate by the
Council.
By-law Number 37-2006 (Consolidated April 1, 2017)
192
SECTION 37- APPROVAL OF NEW BY-LAW
REPEAL OF OLD BY-LAW
Zoning By-law Number P5-1982, as amended, as it pertains to the former Town of Durham now
with the Municipality of West Grey; Zoning By-law Number 553, as amended, as it pertains to the
former Village of Neustadt now within the Municipality of West Grey; Zoning By-law Number 48
1995, as amended, as it pertains to the former Township of Bentinck now within the Municipality
of West Grey; Zoning By-law Number 1397, as amended, as it pertains to the former Township of
Glenelg now within the Municipality of West Grey; Zoning By-law Number 5-1994, as amended,
as it pertains to the former Township of Normanby now within the Municipality Of West Grey, and
including all associated Zoning Schedules; and further, including all amendments passed
subsequent thereto are hereby repealed.
EFFECTIVE DATE OF NEW BY-LAW
By-law Number 37-2006 including all Schedules/Appendices attached hereto, shall come into
effect on the final passing thereof by the Council of The Corporation of the Municipality Of West
Grey, subject to compliance with the provisions of The Planning Act, R.S.O. 1990, as amended.
READ A FIRST AND SECOND TIME THIS 17th
DAY OF
April
, 2006
original signed
original signed
MAYOR
CLERK
READ A THIRD TIME AND PASSED THIS 15th
DAY OF May,
2006.
original signed
original signed
MAYOR
CLERK
By-law Number 37-2006 (Consolidated April 1, 2017)
193
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
MDS I CALCULATION BLANK FORM
Animal Type
or Material
Description
Number
per NU
Manure
Form
Existing
Maximum
Housing
Capacity
Existing
NU
Factor
A
Factor
D
Total Number of NU
Factor A (Odour Potential Factor)...a weighted average may be necessary
Factor D (Manure Form Factor)...a weighted average may be necessary
Factor B (Nutrient Units Factor)
Factor E (Encroaching Land Use Factor)
Maximum tillable hectares on the lot
with the livestock facilities
X
=
(Maximum
300 NU)
F (Building Base Distance, m) = Factor A x Factor D x Factor B x Factor E
S (Manure Storage Base Distance, m)
Now What?
Repeat MDS calculation process as appropriate for other livestock facilities in the vicinity.
Apply calculated MDS in the context of the land use planning application for which they
were prepared.
By-law Number 37-2006 (Consolidated July 15, 2014)
190
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
MDS II CALCULATION BLANK FORM
Animal
Type or
Material
Description
Number
per NU
Manure
Form
Existing
Maximum
Housing
Capacity
Exisiting
NU
Proposed
Maximum
Housing
Capacity
Added
NU
Total
NU
Factor
A
Factor
AD
Totals
Factor A (Odour Potential Factor) weighted average may be necessary
Factor D (Manure Form Factor) weighted average may be necessary
Factor B (Nutrient Units Factor)
Has a building permit been issued for the livestock facility on this property, in the last 3 years that has increased its
livestock capacity? No? Yes? If No, proceed to Approach (i); if Yes, proceed to Approach (ii)
Approach (i) - No Building Permits in Last 3 Years
Approach (ii) - Building Permit(s) issued in Last 3 Years
Calculation of Percentage Increase
Calculation of Percentage Increase
Total 2 - Total Added NU (From Above)
Total 2 - Total Added NU (From Above) + Total
Added NU from building permit(s) issued in the
last 3 Years
Total 1 - Total Existing NU (From Above)
Total 1 - Total Existing NU at Livestock Facility -
3 Years Ago
If Total 1 = Zero - Treat as a First
Livestock Facility
If Total 1 = Zero -
Treat as a First Livestock Facility
% Increase: (Total 2/Total 1) x 100
% Increase: (Total 2/Total 1) x 100
Factor C (Orderly Expansion Factor)
F (Building Base Distance, m) = Factor A x Factor D x Factor B x Factor C
S (Manure Storage Base Distance, m)
Now What?
Apply MDS calculation to building permit application as appropriate. For Type A land uses, the values
of Building Base Distance 'F' and Storage Base Distance 'S' should be multiplied by 1.0 to determine
the required MDS setback. For Type B land uses, the values of Building Base Distance 'F' and Storage
Base Distance 'S' should be multiplied by 2.0 to determine the required MDS setback.
Implementation Guideline #40 provides direction around setbacks from rear lot lines, side lot lines
and road allowances. For rear and side lot lines, the values of Building Base Distance 'F' and Storage
Base Distance 'S' should be multiplied by 0.1 to determine the required MDS setback. In accordance
with Implementation Guideline #44, the required MDS setback from a rear or side lot line should never
exceed 30 metres. For road allowances, the values of Building Base Distance 'F' and Storage Base
Distance 'S' should be multiplied by 0.2 to determine the required MDS setback.
By-law Number 37-2006 (Consolidated July 15, 2014)
191
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
FACTOR TABLES
Table 1: Factor A (Odour Potential) and
Factor D (Manure or Material Form in Storage Facility)
Animal
Description
Number
Factor
Manure or Material Form in
Type or
per NU
A
Permanent Storage
Material
Liquid Manure:
Solid Manure:
Factor D = 0.8
Factor D = 0.7
< 18%
18 - 100%
Dry Matter
Dry Matter
Swine
Sows with litter, dry sows/boars
3.33
Most systems have
Systems with solid
Segregated Early Weaning (SEW)
liquid manure stored
manure inside on
Sows with litter, dry sows or
3.5
1.0
under the barn slats
deep bedded packs,
boars (non-SEW)
for short or long
or with scraped alleys
Breeder gilts (entire barn designed
5
periods, or in storages
specifically for this purpose)
located outside
Weaners (7 kg - 27 kg)
20
1.1
Feeders (27 - 105 kg)
6
1.2
Dairy Cattle
Milking-age cows (dry or milking)
Free-stall barns with
Tie-stall barns with
- Large-framed; 545 kg - 636 kg
0.7
minimal bedding,
lots of bedding, or
(e.g. Holsteins)
or sand bedding, or
loose housing with
- Medium-framed; 455 kg - 545 kg
0.85
tie-stall barns with
deep bedded pack,
(e.g. Guernseys)
minimal bedding &
and with or without
- Small-framed; 364 kg - 455 kg
1
0.7
milking centre
outside yard access
(e.g. Jerseys)
washwater added
Heifers (5 months to freshening)
- Large-framed; 182 kg - 545 kg
2
(e.g. Holsteins)
- Medium-framed; 148 kg - 455 kg
2.4
(e.g. Guernseys)
- Small-framed; 125 kg - 364 kg
2.9
(Jerseys)
Calves (0 - 5 months)
Free-stall barns with
Bedded pens or stalls
- Large-framed; 45 kg - 182 kg
6
minimal bedding, or
or heavily bedded calf
(e.g. Holsteins)
sand bedding, or
hutches that are
- Medium-framed; 39 kg - 148 kg
7
0.7
tie-stall barns with
outside
(e.g. Guernseys)
minimal bedding &
- Small-framed; 30 kg - 125 kg
8.5
milking centre
(Jerseys)
washwater added
Beef Cattle
Cows, including calves to weaning
1
0.7
N/A
Bedded pack barns
(all breeds)
with or without
Feeders (7 - 16 months)
3
Slatted floor systems,
outside yard access
Backgrounders (7 - 12.5 months)
3
0.8
or barns with minimal
Shortkeepers (12.5 - 17.5 months)
2
bedding & yard scraped
to a liquid storage
By-law Number 37-2006 (Consolidated July 15, 2014)
192
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Animal
Type, or
Material
Veal
Goats
Sheep
Horses
Chickens
Turkeys
Description
Number
per NU
Factor
A
Manure
Perman
or Material Form in
ent Storage
Liquid Manure:
Factor D
Less tha
Dry Mat
Solid Manure:
= 0.8
Factor D = 0.7
n 18%
18 to 100%
ter
Dry Matter
Milk-fed
Grain-fed
6
6
1.1
0.8
Slatted floors
slatted s
or
Heavily bedded pack
tall system
barns
Does & bucks (for meat kids; includes
unweaned offspring & replacements)
Does & bucks (for dairy; includes
8
8
0.7
N/A
Heavily bedded pack
barns
unweaned offspring & replacements)
Kids (dairy or feeder kids)
20
Ewes & rams (for meat lambs; includes 8
unweaned offspring & replacements)
Ewes & rams (dairy operation; includes
unweaned offspring & replacements)
6
0.7
N/A
All sheep systems
Lambs (dairy or feeder lambs)
20
Large-framed, mature; > 681 kg
0.7
(including unweaned offspring)
Medium-framed, mature; 227 kg -
680 kg (including unweaned offspring)
1
0.7
N/A
All horse systems
Small-framed, mature; < 227 kg
(including unweaned offspring)
2
Layer hens (for eating eggs; after
transfer from pullet barn)
Layer pullets (day olds until transferred
into layer barn)
Broiler breeder growers (males/females
transferred out to layer barn)
Broiler breeder layers (males/females
transferred in from grower barn)
Broilers on an 8 week cycle
Broilers on a 9 week cycle
Broilers on a 10 week cycle
Broilers on a 12 week cycle
150
500
300
100
350
300
250
200
1.0
0.7
0.7
0.7
0.7
Birds in
manure
drying of manure,
water added
N/A
N/A
N/A
cages,
Birds in cages,
belts, no
manure belts &
drying, or floor
systems
Bedded floors
Cage or slatted floor
systems
Bedded floor systems
Broilers on any other cycle, or if
unknown, use 24.8 m2/NU
2
24.8 m
Turkey pullets (day old until transferred
267
to layer turkey barn)
Turkey breeder layers (males/females
67
transferred in from grower barn)
Breeder toms
Broilers (day olds to 6.2 kg)
Hens (day olds up to 6.2 kg to
45
133
105
0.7
N/A
Bedded floor systems
10.8 kg; 7.5 kg is typical)
Toms (day olds to over 10.8 to 20 kg;
75
14.5 kg is typical)
Turkeys at any other weights, or if
2
24.8 m
2
Unknown use
24.8 m
By-law Number 37-2006 (Consolidated July 15, 2014)
193
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Animal
Type, or
Material
Quail
Partridge
Pheasants
Squab
Rheas
Emus
Ostriches
Ducks
Geese
Rabbits
Chinchillas
Fox
Mink
Bison
Llama
Alpaca
Wild Boar
Description
Use 24.8 m2/NU
Use 24.8 m2/NU
Use 24.8 m2/NU
Use 24.8 m2/NU
Adults (includes replacements
& market birds)
Adults (includes replacements
& market birds)
Adults (includes replacements
& market birds)
Peking
Muscovy, use 24.8 m2/NU
Use 24.8 m2/NU
Breeding females (including males,
replacements & market animals)
Breeding females (including males,
replacements & market animals)
Breeding females (including males,
replacements & market animals)
Breeding females (including males,
replacements & market animals)
Adults (includes unweaned calves
& replacements)
Feeders (170 kg - 477 kg)
Adults (includes unweaned young
& replacements)
Feeders (45 kg - 86 kg)
Adults (includes unweaned young
& replacements)
Feeders (23 kg - 48 kg)
Breeding age sows (includes boars,
replacements & weaned piglets
to 27 kg)
Finishing boars (27 kg - 86 kg)
Number
per NU
24.8 m2
24.8 m2
24.8 m2
24.8 m2
13
12
4
105
24.8 m2
24.8 m2
40
320
25
90
1.3
4
5
16
8
26
5
7
Factor
A
0.7
0.8
0.8
1.0
0.7
Manure or Material Form in
Permanent Storage
Liquid Manure:
Factor D = 0.8
Less than 18%
Dry Matter
N/A
Wire mesh
flooring systems
N/A
N/A
Solid Manure:
Factor D = 0.7
18 to 100%
Dry Matter
Bedded floor systems
Bedded floor systems
Cage or floor systems
Bedded pack barns
with outside access or
outside confinement
areas
Continued...
By-law Number 37-2006 (Consolidated July 15, 2014)
194
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Animal
Description
Number
Factor
Manure or Material Form in
Type, or
per NU
A
Permanent Storage
Material
Liquid Manure:
Solid Manure:
Factor D = 0.8
Factor D = 0.7
Less than 18%
18 to 100%
Dry Matter
Dry Matter
Deer
Other livestock
not listed in this
table
Manure
imported
to a lot not
generating
2
manure
Storages for
digestate from
an Anaerobic
Digester (odours
reduced during
this process)
White tailed deer
- Adults > 24 mo (including
unweaned offspring)
11
0.7
0.8
1.2
0.5
N/A
Bedded pack barns
with outside access OR
outside confinement
areas
All storages with liquid
All storages with solid
manure
manure
All storages with liquid
All storages with solid
manure
manure
All storages with liquid
All storages with solid
manure
manure
- Feeders
21
Red deer
- Adults > 24 mo (including
unweaned offspring)
7
- Feeders
14
Elk
- Adults > 24 mo (including
unweaned offspring)
2
- Feeders
6
Elk/deer hybrids
- Adults > 24 mo (including
unweaned offspring)
4
- Feeders
10
Fallow deer
- Adults > 24 mo (including
unweaned offspring)
13
- Feeders
To determine the number per NU,
add up the total maximum live
weight of animals and divide by the
weight of animals per NU in the
next column
Maximum capacity of permanent
storages at any time: solid
or liquid capacity
Maximum capacity of permanent
storages at any time: solid
or liquid capacity
23
453.6 kg
(1000 lbs)
19.8 m3
(700 ft3)
19.8 m3
(700 ft3)
1. On farms with 100 milking-age cows (dry & milking), there are usually about 20 replacement calves and 80 replacement heifers.
2. Average value for typical types of manures that might be imported to a lot, such as poultry, dairy, beef, swine, horse or other manure.
N/A = Not Applicable
By-law Number 37-2006 (Consolidated July 15, 2014)
195
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Table 2: Factor B (Nutrient Units Factor)
In using Table 2 to determine Factor B, it may be necessary to interpolate a value for Factor B. For example, you determine the
total number of nutrient units at a livestock facility to be 255 NU. Table 2 provides a value for Factor B for 250 NU and for 260
NU, but not for 255 NU. The value of Factor B for 250 NU is 435 and the value of Factor B for 260 NU is 441. To determine
Factor B for 255 NU interpolate between the numbers 435 and 441. In this example, the value of Factor B for 255 NU is 438.
When interpolating a value for Factor B do not include more than two decimal places. Interpolated values with more than two
decimal places should be rounded accordingly. For example, if an interpolated value for Factor B is calculated as 499.238, then
use a value of 499.24 for Factor B in the MDS calculation.
For operations less than 5 NU in size, do not interpolate, but use a Factor B of 150. For operations greater than
5000 NU in size, contact OMAFRA staff to determine Factor B.
Final NU
Factor B
Up to 5
150
6
153
7
157
8
160
9
163
10
167
11
170
12
173
13
177
14
180
15
183
16
187
17
190
18
193
19
197
20
200
21
202
22
204
23
206
24
208
25
210
26
212
27
214
28
216
29
218
30
220
31
222
32
224
33
226
34
228
35
230
36
232
37
234
38
236
39
238
40
240
41
242
42
244
43
246
44
248
45
250
Final NU
Factor B
46
252
47
254
48
256
49
258
50
260
52
264
54
268
56
272
58
276
60
280
62
282
64
284
66
285
68
287
70
289
72
291
74
293
76
294
78
296
80
298
82
300
84
301
86
303
88
305
90
307
92
309
94
310
96
312
98
314
100
316
102
318
104
320
106
322
108
324
110
326
112
329
114
331
116
333
118
335
120
337
122
339
Final NU
Factor B
124
340
126
342
128
344
130
346
135
351
140
355
145
360
150
364
155
368
160
372
165
376
170
380
175
384
180
388
185
392
190
395
195
399
200
402
205
406
210
409
215
413
220
416
225
419
230
423
235
426
240
429
245
432
250
435
260
441
270
447
280
453
290
458
300
464
310
469
320
474
330
480
340
485
350
490
360
494
370
499
380
504
Final NU
Factor B
390
508
400
513
410
517
420
522
430
526
440
530
450
535
460
539
470
543
480
547
490
551
500
555
520
562
540
570
560
577
580
584
600
591
620
598
640
605
660
611
680
618
700
624
750
639
800
654
850
668
900
681
950
694
1000
707
1100
731
1200
753
1300
775
1400
795
1500
815
2000
870
3000
980
4000
1090
5000
1200
Greater
Contact
than
OMAFRA
5000
staff
By-law Number 37-2006 (Consolidated July 15, 2014)
196
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Table 3: Factor C (Orderly Expansion Factor)
In using Table 3 to determine Factor C, it may be necessary to interpolate a value for Factor C. For example, you determine
the percentage increase at a livestock facility to be 155%. Table 3 provides a value for Factor C for a
150% increase, and for a 160% increase, but not for a 155% increase. The value of Factor C for a 150% increase is
0.9371 and the value of Factor C for a 160% increase is 0.9497. To determine Factor C for a 155% increase interpolate between
the numbers 0.9371 and 0.9497. In this example, the value of Factor C for a 155% increase is 0.9434.
When interpolating a value for Factor C do not include more than four decimal places. Interpolated values with more than four
decimal places should be rounded accordingly. For example, if an interpolated value for Factor C is calculated as 0.977643,
then use a value of 0.9776 for Factor C in the MDS calculation.
For operations with a 0% increase, or a decrease, i.e. 'negative' percentage increase, use a value of 0.5000 for Factor C. Do not
interpolate below a value of 0.5000. For operations with a 700% increase or greater, or for a first livestock facility, use a value of
1.1400 for Factor C. Do not interpolate above a value of 1.1400.
% Increase in
Factor C
Nutrient Units
% increase or
decreases
0.5000
('negative' increase)
1%
0.5062
2%
0.5124
3%
0.5186
4%
0.5248
5%
0.5310
6%
0.5372
7%
0.5434
8%
0.5496
9%
0.5558
10%
0.5620
11%
0.5682
12%
0.5744
13%
0.5806
14%
0.5868
15%
0.5930
16%
0.5992
17%
0.6054
18%
0.6116
19%
0.6178
20%
0.6240
21%
0.6302
22%
0.6364
23%
0.6426
24%
0.6488
25%
0.6550
26%
0.6612
% Increase in
Factor C
Nutrient Units
27%
0.6674
28%
0.6736
29%
0.6798
30%
0.6860
31%
0.6922
32%
0.6984
33%
0.7046
34%
0.7108
35%
0.7170
36%
0.7232
37%
0.7294
38%
0.7356
39%
0.7418
40%
0.7480
41%
0.7542
42%
0.7604
43%
0.7666
44%
0.7728
45%
0.7790
46%
0.7852
47%
0.7914
48%
0.7976
49%
0.8038
50%
0.8100
55%
0.8167
60%
0.8230
65%
0.8294
70%
0.8357
75%
0.8420
% Increase in
Factor C
Nutrient Units
80%
0.8484
85%
0.8547
90%
0.8610
95%
0.8674
100%
0.8737
105%
0.8800
110%
0.8864
115%
0.8927
120%
0.8990
125%
0.9054
130%
0.9117
135%
0.9180
140%
0.9244
145%
0.9307
150%
0.9371
160%
0.9497
170%
0.9624
180%
0.9751
190%
0.9877
200%
1.0000
300%
1.0280
400%
1.0560
500%
1.0840
600%
1.1120
700% increase,
1.1400
or more, or
First Livestock
Facility on lot
of record.
By-law Number 37-2006 (Consolidated July 15, 2014)
197
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Table 4: Factor E (Encroaching Land Use Factor)
Encroaching Land Use
Factor E
Type A Land Use
1.1
Type B Land Use
2.2
By-law Number 37-2006 (Consolidated July 15, 2014)
198
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Table 5: Permanent Manure or Material Storage Types
Solid Manure: 18% dry matter, or more Liquid
Manure: Less than 18% dry matter Digestate:
Less than 18% dry matter
Storage
Solid or
Inside
Number
Description of permanent manure
Odour
Liquid
or Outside
referred
storages being sited by MDS II, or
Potential
System
Livestock
Facility
to in
Table 6
(View
images in
Appendix A)
encroached upon through
MDS I application
Solid
Inside
V1
Solid, inside, bedded pack
(manure accumulates under livestock over time)
Outside
V2
Solid, outside, covered
(cover keeps off precipitation to prevent runoff)
V3
Solid, outside, no cover, greater than or equal 30% dry matter
(manure is dry enough that a flowpath option can be used for
runoff control (Nutrient Management Act, 2002)
Very Low
V4
Solid, outside, no cover, 18% to less than 30% dry matter,
with covered liquid runoff storage
(manure not dry enough to soak up precipitation, so a liquid
runoff storage needed, but it has a permanent, tight cover
Liquid
Inside
V5
Liquid, inside, underneath slatted floor
(manure is stored under the animals in the barn)
Outside
V6
V7
Liquid, outside, with a permanent, tight fitting cover
(negative pressure tarp, concrete lid, inflatable dome, etc.)
Liquid, (digestate), outside, no cover (all manure has been
treated through anaerobic digestion, or a similar process
that reduces odours)
Solid
Outside
L1
Solid, outside, no cover, 18% to less than 30% dry matter,
with uncovered liquid runoff storage
(manure not dry enough to soak up precipitation, so a liquid Low
runoff storage needed, but it is uncovered, producing more
odour than in V4 above)
Liquid
Liquid
Outside
Outside
L2
M1
Liquid, outside, with a permanent floating cover
(tarps, foam panels, etc.)
Liquid, outside, no cover, straight-walled storage
(usually circular or rectangular concrete, or steel storages)
Medium
High
Liquid
Outside
M2
H1
Liquid, outside, roof, but with open sides
(roof keeps off precipitation, but the open sides allow wind to
travel over the manure and carry odours)
Liquid, outside, no cover, sloped-sided storage
(earthen manure storages, but not earthen runoff storages
associated with a solid manure storage which are L1 above)
By-law Number 37-2006 (Consolidated July 15, 2014)
199
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Table 6: MDS I/II Separation Distances for Permanent Manure or Material
Storage Types in Table 5
In using Table to determine a value for 'S' - Storage Separation Distance, in some instances it may be necessary to interpolate
a value.
For example, you determine the value for Encroachment Base Distance 'F' to be 106 metres. From Table 5, you have determined
that the livestock facility uses a storage facility with an odour potential that is considered medium (M1).
Table 6 provides a value for Storage Separation Distance 'S' for an M1 Storage for an Encroachment Base Distance
'F' of 100 metres and for an Encroachment Base Distance 'F' of 110 metres, but not for an Encroachment Base Distance
'F' of 106 metres. The value of Storage Separation Distance 'S' for an M1 Storage with an Encroachment Base Distance
'F' of 100 metres, is 190 metres. The value of Storage Separation Distance 'S' for an M1 Storage with an Encroachment
Base Distance 'F' of 110 metres, is 199 metres. To determine the value of Storage Separation Distance 'S' for an M1
Storage, with an Encroachment Base Distance 'F' of 106 metres interpolate between the numbers 190 and 199. In this
example, the value of Storage Separation Distance 'S' for an M1 Storage, with an Encroachment Base Distance
'F' of 106 metres is 195.4 metres. This value should be rounded to the nearest whole number, in this case 195 metres.
When interpolating a value for Storage Separation Distance 'S' do not include any decimal places. Interpolated values with
decimal places should be rounded accordingly. For example, if an interpolated value for Storage Separation Distance 'S' is
calculated as 202.83 metres, then use a value of 203 metres for Storage Separation Distance 'S'.
In all instances, where Encroachment or Building Base Distance 'F' exceeds 1000 metres, then Storage Separation
Distance 'S' will be the same value as 'F'.
By-law Number 37-2006 (Consolidated July 15, 2014)
200
280
290
300
310
320
330
340
350
360
370
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Table 6: MDS I/II Separation Distances for Permanent Manure
Building Base
Distance (m) for
MDS II ('F'), or
Encroachment
Base Distance
for MDS I ('F')
40
50
Very Low
Odour Storages
V1 to V7
40
50
Storage Separation Distances Based on Relative Odour Potential
Storage Base Distance, 'S' (m)
Low
Odour Storages
L1 to L2
64
74
Medium
High
Odour Storages
Odour Storages
M1 to M2
H1
136
232
145
240
60
60
84
154
248
70
70
93
163
256
80
80
103
172
264
90
90
113
181
272
100
100
123
190
280
110
110
132
199
288
120
120
142
208
296
130
130
152
217
304
140
140
162
226
312
150
150
171
235
320
160
160
181
244
328
170
170
191
253
336
180
180
201
262
344
190
190
210
271
352
200
200
220
280
360
210
210
230
289
368
220
220
240
298
376
230
230
249
307
384
240
240
259
316
392
250
250
269
325
400
260
260
279
334
408
270
270
288
343
416
390
400
420
440
460
480
500
600
800
1000
Greater than 1000 m
280
290
300
310
320
330
340
350
360
370
380
390
400
420
440
460
480
500
600
800
1000
Storage Base Distance,
Base Distance - 'F'
298
352
424
308
361
432
318
370
440
327
379
448
337
388
456
347
397
464
357
406
472
366
415
480
376
424
488
386
433
496
396
442
504
405
451
512
415
460
520
435
478
536
454
496
552
474
514
568
493
532
584
513
550
600
610
640
680
805
820
840
1000
1000
1000
'S', should be the same as Building Base Distance or Encroachment
By-law Number 37-2006 (Consolidated July 15, 2014)
380
201
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Implementation
MDS I
MDS II
Guideline
Type A and B Land Uses
These implementation guidelines outline considerations regarding the interpretation of Type A and Type B land uses for MDS I
and II, and how different land uses should be treated in MDS. They also provide specific direction on exceptions to Type A and
Type B land uses.
Type A land uses
Type B land uses
Type A land uses are typically characterized
Type A land uses are typically
by uses that have a lower density of human
characterized by uses that have a
occupancy, habitation or activity.
lower density of human occupancy,
habitation or activity.
For the purposes of MDS I, Type A land
uses include applications to rezone or
For the purposes of MDS II, Type A
redesignate agricultural lands for industrial,
land uses include areas zoned or
agricultural-related or recreational use -
designated industrial, agricultural-
low intensity purposes.
related or recreational use - low
intensity.
Type A land uses include applications to
permit:
Type A land uses include residential
- construction of a dwelling on an
dwellings on lots zoned agriculture,
existing lot where the municipality
rural residential, residential, or other
has determined that MDS I should
similar zoning. This includes existing
be applied, or the
residential uses on separate lots not
- creation of up to three lots either
recognized through Official Plan
by consent or plan of subdivision
designation as a residential area.
Type B land uses are typically characterized
by uses that have a higher density of
human occupancy, habitation or activity.
For the purposes of MDS I, Type B land uses
include applications to rezone or redesignate
agricultural lands for residential, institutional,
recreational use - high intensity, commercial
or settlement area purposes.
Type B land uses include applications to
permit:
- creation of residential subdivisions
in rural areas, or
- expansion of a settlement area, or
- creation of multiple residential
development, or
- the creation of a lot which results
in a rural residential cluster
Type B land uses are typically
characterized by uses that have a
higher density of human occupancy,
habitation or activity.
For the purposes of MDS II, Type B
land uses include areas zoned or
designated settlement area,
recreational use high - intensity,
institutional, or commercial.
Type B land uses include areas
designated in an Official Plan as
residential for:
- residential subdivisions, or
- multiple residential, or
- estate residential
development
By-law Number 37-2006 (Consolidated July 15, 2014)
202
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
MANURE OR MATERIAL
STORAGE TYPES
Type
V1
V2
V3
V4
V5
V6
V7
Description
Solid, inside, bedded pack (manure accumulates under livestock over time)
Solid, outside, covered (cover keeps off precipitation to prevent runoff)
Solid, outside, no cover, greater than or equal 30% dry matter (manure is
dry enough that a flowpath option can be used for runoff control
(Nutrient Management Act, 2002)
Solid, outside, no cover, 18% to less than 30% dry matter, with covered
liquid runoff storage (manure not dry enough to soak up precipitation, so
a liquid runoff storage needed, but it has a permanent, tight cover)
Liquid, inside, underneath slatted floor (manure is stored under the animals
in the barn)
Liquid, outside, with a permanent, tight fitting cover (negative pressure
tarp, concrete lid, inflatable dome, etc.)
Liquid, (digestate), outside, no cover (all manure has been treated
through anaerobic digestion, or a similar process that reduces odours)
By-law Number 37-2006 (Consolidated July 15, 2014)
203
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Type
L1
L2
M1
M2
H1
Description
Solid, outside, no cover, 18% to less than 30% dry matter, with
uncovered liquid runoff storage (manure not dry enough to soak up
precipitation, so a liquid runoff storage needed, but it is uncovered,
producing more odour than in V4 above)
Liquid, outside, with a permanent floating cover (tarps, foam panels, etc.)
Liquid, outside, no cover, straight-walled storage (usually circular or
rectangular concrete, or steel storages)
Liquid, outside, roof, but with open sides (roof keeps off precipitation,
but the open sides allow wind to travel over the manure and
carry odours)
Liquid, outside, no cover, sloped-sided storage (earthen manure storages,
but not earthen runoff storages associated with a solid manure storage
which are L1 above)
By-law Number 37-2006 (Consolidated July 15, 2014)
204
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
DEFINITIONS
Except for references to legislation which are traditionally in italics, italicized terms in this
document are defined in the Definitions section below.
Agricultural use - As defined in the Provincial Policy Statement, 2005, this means the
growing of crops, including nursery and horticultural crops; raising of livestock; raising of other
animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry;
maple syrup production; and associated on-farm buildings and structures, including
accommodation for full-time farm labour when the size and nature of the operation requires
additional employment.
Agricultural-related uses - As defined in the Provincial Policy Statement, 2005, this
means farm-related commercial and farm-related industrial uses that are small scale and directly
related to the farm operation and are required in close proximity to the farm operation. Examples
of this use include animal husbandry services, produce or grain storage facilities, and seed dealers.
Anaerobic digester - An enclosed vessel in which micro-organisms break down
organic materials (e.g. manure and other organic materials), in the absence of oxygen, resulting
in the production of biogases, consisting primarily of methane and carbon dioxide. The
Minimum Distance Separation Formulae is to be applied to on-farm anaerobic digesters, which
utilize manure as an input. An on-farm anaerobic digester may include a co-substrate input tank
fitted with a tight cover, in which permitted
off-farm non-agricultural source materials are temporarily stored before feeding into the
anaerobic digester.
Catastrophe - An unanticipated, disastrous loss of part, or all, of a livestock facility
due to fire, collapse, flood, wind, or other such event.
Commercial use - The use of land, building or structure for the purpose of buying
and/or selling commodities and supplying services, such as automotive service stations, car
washes, convenience retail shops, hotels or motels, shopping centres and supermarkets.
Co-substrate input tank (CSIT) - Storage for containing permitted non-agricultural
wastes that will be blended with manure in an on-farm anaerobic digester in order to increase
biogas production.
By-law Number 37-2006 (Consolidated July 15, 2014)
205
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Digestate - End product from the anaerobic digestion of manure (and possibly permitted
co-substrate input tank materials) that has a significant reduction in pathogens and odour.
Dwelling - Any building that is used or designed for use as a domestic establishment in
which one or more persons may sleep and prepare and serve meals.
Empty facility - A livestock facility that does not currently contain any manure, house
any livestock, or contain organic material used for anaerobic digesters.
Existing livestock facility - A livestock facility, or a portion of a livestock facility,
intended for keeping or housing of livestock and containing one or more barns or structures.
Includes manure or material storages, whether associated with a livestock facility or not, and
anaerobic digesters, which have already been constructed.
Expanded livestock facility - Any building activity to construct or expand a livestock
facility that requires a building permit and results in an increase, or decrease, in Nutrient Unit
capacity on a lot, where there already was some existing Nutrient
Unit capacity.
First livestock facility - Any building activity to construct a livestock facility that
requires a building permit and results in an increase in Nutrient Unit capacity on a lot, where
there was no existing Nutrient Unit capacity.
Housing capacity - Maximum livestock capacity for all facilities on a lot at any time, even
if currently empty but able to house livestock.
Industrial use - The use of land, buildings or structures for the purpose of
manufacturing, processing, fabricating or assembly of raw materials or goods,
warehousing or bulk storage of goods, and related accessory uses.
Institutional use - The use of land, buildings or structures for public or social
purposes, including religious, governmental, educational, charitable, health, or other non
commercial uses, and may include cemeteries, places of worship, municipal buildings, police
and fire stations, schools, hospitals, and seniors complexes.
Livestock - Includes dairy, beef, swine, poultry, horses, goats, sheep, ratites, fur-
bearing animals, deer & elk, game animals, birds, and other animals identified in Table 1.
Livestock facility - One or more barns or permanent structures with livestock- occupied
portions, intended for keeping or housing of livestock. A livestock facility also includes all
manure or material storages and anaerobic digesters.
By-law Number 37-2006 (Consolidated July 15, 2014)
206
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Livestock occupied portion - Areas of livestock facilities where livestock spend the
majority of their time, allowing substantial amounts of manure to accumulate,
but not including feed preparation rooms, milking centres, offices, washrooms, riding arenas,
livestock loading chutes, or livestock assembly areas.
Lot(s) - A parcel or tract of land, within a registered plan or subdivision or described in a
deed or other legal document, that is capable of being legally conveyed.
Manure or material storage - Permanent storages, which may or may not be
associated with a livestock facility containing liquid manure (< 18% dry matter), solid manure (
> 18% dry matter), or digestate (< 18% dry matter). Permanent storages may come in a variety
of:
- locations (under, within, nearby, or remote from barn)
- materials (concrete, earthen, steel, wood)
- coverings (open top, roof, tarp, or other materials)
- configurations and shapes
- elevations (above, below or partially above grade)
Multiple residential - Three or more residential units in the same structure.
Nutrient Unit (NU) - An amount of nutrients that give a fertilizer replacement value of the
lower of 43 kilograms of nitrogen, or 55 kilograms of phosphate as nutrient
(as defined in Ontario Regulation 267/03 made under the Nutrient Management Act, 2002).
Recreational use - high intensity - Recreational use that usually includes buildings
and/or a higher density or concentration of human activity such as golf courses, sports fields,
trailer parks, campgrounds and conservation areas with facilities.
Recreational use - low intensity - Recreational use that usually does not require
buildings, does not alter the soil or topography, and/or has a lower density or concentration of
human activity such as open space and environmental areas.
Residential use - The use of land, buildings or structures for human habitation.
Rural residential cluster - Four, or more, adjacent rural lots, generally one hectare
or less in size, sharing a common contiguous boundary. Lots located directly across a road
from one another shall be considered as having a common boundary.
By-law Number 37-2006 (Consolidated July 15, 2014)
207
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Settlement areas - As defined in the Provincial Policy Statement, 2005, this means urban
areas and rural settlement areas within municipalities (such as cities, towns, villages and hamlets)
that are:
a) built up areas where development is concentrated and which have a mix of land
uses; and
b) lands which have been designated in an official plan for development over the long
term planning horizon provided for in policy 1.1.2. In cases where land in designated
growth areas is not available, the settlement area may be no larger than the area where
development is concentrated.
Rural residential clusters are not considered settlement areas, unless designated as such in a
municipal official plan.
Storage capacity - Maximum storage volume (measured as cubic feet or cubic metres)
of all storages for manure, or digestate treated through an anaerobic digester, on a lot at any
time, even if currently empty but able to store these materials.
Tillable hectares - Land, including pasture that can be worked or cultivated to grow
crops.
By-law Number 37-2006 (Consolidated July 15, 2014)
208
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
MDS I CALCULATION FORM
The following outlines the 10 Steps on how to calculate setbacks to all adjacent livestock facilities,
reasonably expected to be impacted by an applicant's proposed development. Each step is colour
coded. The applicable topics found in the Implementation Guidelines Chart and the applicable
Tables are noted in the steps below.
Step 1
Location and
contact information
Fill in the pertinent information about the applicant, and
each adjacent livestock facility within 1000 m or more, of
the proposed development. Each livestock facility must be
on its own separate lot and should be treated as separate
calculations. All barns and structures located on one lot
should be treated as part of the same livestock facility.
Implementation Guidelines #1 through #16 provide
direction on the general rules and application of the
Minimum Distance Separation Formulae.
Step 2
Livestock facility
animal/material
types
For the first livestock facility identified in Step 1, fill in
all of its existing animal/material types, descriptions,
the total maximum housing capacity, the number of
animals/material per Nutrient Unit (NU) and associated
manure forms. Information on the existing animal/material
types, descriptions, the total number of animals/material,
and associated manure forms should be obtained from the
owner of the livestock facility. It may be necessary to verify
this information independently. Information on the number
of animals/material per Nutrient Unit (NU) can be
determined from Table 1. Implementation Guidelines #17
through #20 provide guidance on determining livestock
facility capacity. Implementation Guidelines #21 and #22
provide direction on dealing with anaerobic digesters.
Step 3
Existing
Nutrient Units (NU)
Calculate the existing total maximum NU capacity of the
livestock facility by dividing existing capacity of each
animal/material type by the number of animals/material
per NU as found in Table 1. Then, add all the existing NU
together for all the types of animal/material present, to
obtain the total maximum number of NU.
By-law Number 37-2006 (Consolidated July 15, 2014)
209
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Weighted Factor A
Weighted Factor D
Tillable hectares
and potential NU
Factor B and
existing vs.
potential NU
Determine Factor E
F, Building Base
Distance
Determine Factor A (Odour Potential Factor) for each
animal/material type present, from Table 1, and fill in the
calculation form. If necessary, calculate the weighted
average for Factor A, if Factor A is not the same for all
animals/materials listed. See Implementation Guidelines
#26 and #31for further direction.
Determine Factor D (Manure Form in Permanent Storage
Factor) from Table 1, for each animal/material type
present, and fill in the calculation form. If necessary,
calculate the weighted average Factor D, if Factor D is
not the same for all animals/materials listed. See
Implementation Guidelines #29 and #32 for further
direction.
Fill in the maximum tillable hectares of land on the lot where
the livestock facility is located, based on information
obtained from the owner of the livestock facility. It may be
necessary to verify this information independently. Calculate
the potential total number of NU, which equals: # of tillable
hectares x 7.5, up to a maximum of 300 NU.
Implementation Guidelines #33 and #17 provide more
specific information.
Compare the total number of existing NU calculated in Step
3 with the total number of potential NU calculated in Step 6.
Using the greater of these two numbers, determine Factor
B from Table 2, and fill in the correct space on the
calculation form. In some circumstances, it will be
necessary to interpolate Factor B from Table 2, when the
number of NU is not specifically identified in the
table. Implementation Guideline #27 provides more specific
direction on Factor B.
Determine and fill in Factor E (Encroachment Land Use
Factor) on the calculation form. Factor E can be
determined from Table 4. Implementation Guidelines #30
and #35 through #39 provide specific direction on Factor
E and the determination of Type A and Type B land uses.
Calculate F (Building Base Distance) = (Factor A) x (Factor
D) x (Factor B) x (Factor E), which is the required MDS I
setback from the proposed development to the nearest
barn of the livestock facility. For further information, see
Implementation Guidelines #23 and #34.
By-law Number 37-2006 (Consolidated July 15, 2014)
210
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Step 10
S, Manure Storage
Base Distance
Establish S (Manure Storage Base Distance) by first using
Table 5 to choose the existing storage at the livestock
facility with the highest odour potential: Very Low, Low,
Medium, and High. Then, enter Table 6 under the
appropriate column and read across using 'F' calculated
from Step 9. It may be necessary to interpolate. S, is the
required MDS I setback from the proposed development to
the nearest manure storage at the livestock facility.
Implementation Guidelines #24 and #25 provide further
information. Implementation Guidelines #21 and #22
provide further information on dealing with anaerobic
digesters.
Steps 2 through 10 should be completed for any other
livestock facilities present, in accordance with
Implementation Guideline #6.
Now
Using calculated
The calculated values of MDS can now be used in the
What?
MDS
context of the land use planning application for which they
have been prepared. Implementation Guidelines #35
through #40 provide direction around issues regarding
Type A and Type B land uses. Implementation Guidelines
#41 through #44 provide direction around issues of
measurement of MDS setbacks, and, Implementation
Guidelines #45 and #46 provide direction on issues
regarding minor variances.
By-law Number 37-2006 (Consolidated July 15, 2014)
211
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Example:
Ms. Smith proposes to create a new lot, on agricultural land, adjacent to Mr. Jones' Swiney-Acres Farm.
This livestock facility has:
a) 1200 head swine feeder barn over a slatted floor barn where all the swine manure is stored, b) 33000
bird chicken broiler barn (9-week cycle) with solid manure stored outside, uncovered,
dry enough for a flowpath option; and,
c) permanent concrete storage for imported solid dairy manure 10 metres wide x 12 metres long and 2
metre walls, with flowpath option.
The lot where all Mr. Jones' barns and manure storage are has 60 tillable hectares. There are no other livestock
facilities within 1000 m of the proposed lot. How far must Ms. Smith's proposed lot be from Mr. Jones' nearest barn
and nearest manure storage ?
Evaluator:
Date:
File Number:
Contact
Information:
Applicant
Information
Owner of Adjacent
Livestock Facility #1
Owner of Adjacent
Livestock Facility #2, etc.
File Name
Jane
Jim
(No other adjacent livestock
facilities)
Last Name
Smith
Jones
Farm/Company
N/A
Swiney-Acres Farm
Address
123 New Road
124 New Road
City/Town
Somewhere
Somewhere
Province
Ontario
Ontario
Postal Code
N0G 0J0
NOG 0J0
Upper Tier
Upper Somewhere
Upper Somewhere
Lower Tier
Lower Somewhere
Lower Somewhere
Lot
1
2
Concession
2
2
911 Number
12345
12346
Roll Number
666
667
Telephone
905-555-1111
905-555-3333
Fax
905-555-2222
905-555-4444
Email
[email protected][email protected]
By-law Number 37-2006 (Consolidated July 15, 2014)
212
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
MDS I Calculation Form:
Animal Type
or Material
Description
Number
per NU
Manure
Form
Existing
Maximum
Housing
Capacity
Existing
NU
Factor
A
Factor
D
Swine
Feeders
(27 kg - 105 kg)
6
Liquid
1200
200
1.2
0.8
Chickens
Broilers
(9 week cycle)
300
Solid
33 000
110
0.7
0.7
Imported
Manure
Max Capacity
(10m x 12m x 2m)
19.8
Solid
240
12
1.2
0.7
Total Number of NU
322
Factor A (Odour Potential Factor)...a weighted average may be necessary
1.03
Factor D (Manure Form Factor)...a weighted average may be necessary
0.76
Factor B (Nutrient Units Factor)
475
Factor E (Encroaching Land Use Factor)
1.1
Maximum tillable hectares on the lot
with the livestock facilities
60
X
7.5
=
300
NU
(Maximum
300 NU)
F (Building Base Distance, m) = Factor A x Factor D x Factor B x Factor E
409
S (Manure Storage Base Distance, m)
409
Now What?
Repeat MDS calculation process as appropriate for other livestock facilities in the vicinity.
Apply calculated MDS in the context of the land use planning application for which they
were prepared.
By-law Number 37-2006 (Consolidated July 15, 2014)
213
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
MDS II CALCULATION FORM
The following outlines the 10 Steps on how to calculate setbacks to all development reasonably expected to be
impacted by a proposed first or expanded livestock facility. Each step is colour-coded. Applicable topics are found in
the Implementation Guidelines Chart on pages 9 to 25 and applicable Tables are noted.
Step 1
Step 2
Step 3
Step 4
Location and
contact information
Livestock facility
animal/material
types
Existing, and
proposed to be
added Nutrient Units
(NU)
Weighted Factor A
Fill in the pertinent information about the applicant who is
proposing a first, or expanded, livestock facility.
Implementation Guidelines #1 through #16 provide
direction on the general rules and application of the
Minimum Distance Separation Formulae.
Fill in all existing, and proposed to be added,
animal/material types, descriptions, the total maximum
housing capacity, the number of animals/material per
Nutrient Unit (NU) and associated manure forms. Table 1
and Implementation Guidelines #17 through #20 provide
guidance on determining livestock facility capacity.
Implementation Guidelines #21 and #22 provide direction
on dealing with anaerobic digesters.
Calculate the existing, and proposed to be added, NU
capacity of the livestock facility by dividing existing, and
proposed to be added, capacity of each animal/material
type by the number of animals/material per NU as found
in Table 1. Then, add all the existing, and proposed to be
added, NU together for all the types of animal/material
present, to obtain the total number of NU.
Determine Factor A (Odour Potential Factor) from Table 1,
for only each animal/material type proposed to be added,
and fill in the calculation form. If necessary, calculate the
weighted average for Factor A, if Factor A is not the same
for all animals/materials added. See Implementation
Guidelines #26 and #31 for further direction.
By-law Number 37-2006 (Consolidated July 15, 2014)
214
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Step 5
Weighted Factor D
Determine Factor D (Manure Form in Permanent Storage
Factor) from Table 1, for only each animal/material type
added
Step 6
Factor B
Determine Factor B from Table 2, based on the Total NU
to be housed at the livestock facility, and fill in the space
on the calculation form. In some cases, it will be necessary
to interpolate Factor B from Table 2, when the number of
NU is not specifically identified in the table. Implementation
Guideline #27 provides more specific direction on Factor
B.
Step 7
Determining
Percentage
Increase for
Determine if a building permit was issued on this lot in the
past 3 years that increased the livestock capacity of the
livestock facility.
livestock facility
If 'No', use Approach (i) below to calculate Percentage
Increase.
If 'Yes', use Approach (ii) below to calculate Percentage
Increase.
Approach (i)
Enter total Added NU as calculated in Step 3 above. Enter
total Existing NU as calculated in Step 3 above. If total
Existing NU is zero (i.e. this is the First Livestock Facility on
the lot), then the Percentage Increase is considered to be
at its maximum, or 700% as per Table 3. If total Existing
NU is not zero, divide Added NU by Existing NU and
multiply by 100. This value is the Percentage Increase. In
rare cases of downsizing, the Added NU would actually be
'negative'. In this case, the Percentage Increase is
'negative', but considered to be at its minimum, or 0% as
per Table 3.
Approach (ii)
Enter total Added NU as calculated in Step 3 above, as
well as the total number of NU added in the past 3 years
by previous building permit(s). Enter total Existing NU of the
livestock facility as it was 3 years ago, prior to the current
application date. If total Existing NU 3 years ago was zero,
then the livestock facility in this current application and the
one(s) constructed in the past 3 years are all considered
to be the First Livestock Facility on the lot, and the
Percentage Increase is considered to be at its maximum,
or 700% as per Table 3. If total Existing NU 3 years ago
was not zero, divide Added NU
continued...
By-law Number 37-2006 (Consolidated July 15, 2014)
215
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Step 7
continued...
in this application plus Added NU over the past 3 years, by
continued...
Existing NU 3 years ago and multiply by 100. This value is
the Percentage Increase. In rare cases of downsizing, the
Added NU would actually be 'negative'. In this case, the
Percentage Increase is 'negative', but considered to be at
its minimum, or 0% as per Table 3.
Implementation Guideline #28 provides further direction
and assistance on calculating Percentage Increase, and
establishing Factor C.
Step 8
Step 9
Step 10
Now
What?
Factor C
F, Building Base
Distance
S, Manure Storage
Base Distance
Using calculated
MDS
Determine and fill in Factor C (Orderly Expansion Factor) on the
calculation form, based on the Percentage Increase calculated
in Step 7. Factor C can be determined from Table 3. In some
instances, it may be necessary to interpolate Factor C.
Implementation Guideline #28 provides direction on calculating
the Percentage Increase in NU for the proposed construction.
Calculate F (Building Base Distance) = (Factor A) x (Factor
D) x (Factor B) x (Factor C), which is the required MDS II
setback from all proposed first or expanded livestock
facilities to the nearest development. For further
information, see Implementation Guidelines #23 and #34.
Establish S (Manure Storage Base Distance) by first using
Table 5 to choose the proposed new storage at the
livestock facility with the highest odour potential: Very Low,
Low, Medium, and High. Then, enter Table 6 under the
appropriate column and read across using 'F' calculated
from Step 9. It may be necessary to interpolate from the
table. 'S' is the required MDS II setback from all proposed
new storages to the nearest development. Implementation
Guidelines #24 and #25 provide further information.
Implementation Guidelines #21 and #22 provide further
information on dealing with anaerobic digesters.
The calculated values of MDS II can now be applied to the
building permit application. Implementation Guidelines #35
through #39 provide direction around Type A and Type B
land uses. For Type A land uses, the values of Building
Base Distance 'F' and Storage Base Distance 'S' should be
multiplied by 1.0 to determine the required MDS setback.
For Type B land uses, the values of Building Base Distance
'F' and Storage Base Distance 'S' should be multiplied by
2.0 to determine the required MDS setback.
Implementation Guideline #40 provides direction around
setbacks from rear lot lines, side lot lines and road
allowances. For rear and side lot lines, the values of
Building Base Distance 'F' and Storage Base Distance 'S'
should be multiplied by 0.1 to determine the required
continued...
By-law Number 37-2006 (Consolidated July 15, 2014)
216
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
Now
What?
continued...
continued...
MDS setback. In accordance with Implementation Guideline
#44, the required MDS setback from a rear or side lot line
should never exceed 30 metres. For road allowances, the
values of Building Base Distance 'F' and Storage Base
Distance 'S' should be multiplied by 0.2 to determine the
required MDS setback. Implementation Guidelines #41
through #44 provide direction around issues of
measurement of MDS II setbacks. Implementation
Guidelines #45 and #46 provide direction on issues
regarding minor variances.
Example:
Mr. Jones proposes to build a second 1200 head swine feeder barn with concrete liquid manure storage
to go along with his existing:
- 1200 head swine feeder barn over a slatted floor where all the swine manure is stored;
- 33000 bird chicken broiler barn (9-week cycle) with solid manure storage outside, uncovered, dry
enough for a flowpath option;
- 10 m x 12 m x 2 m permanent concrete storage with flowpath option, for his imported solid dairy
manure; and
- The existing facilities were constructed more than 3 years ago.
How far must the proposed barn be sited from all development reasonably expected to be impacted?
Evaluator:
Date:
File Number:
Applicant Information:
First Name
Jim
Lower Tier
Lower Somewhere
Last Name
Jones
Lot
2
Farm/Company
Swiney-Acres Farm
Concession
2
Address
124 New Road
Fire Number
123456
City/Town
Somewhere
Roll Number
667
Province
Ontario
Telephone
905-555-3333
Postal Code
N0G 0J0
Fax
905-555-4444
Upper Tier
Upper Somewhere
Email
[email protected]
By-law Number 37-2006 (Consolidated July 15, 2014)
217
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
MDS II CALCULATION FORM
Animal
Type or
Material
Description
Number
per NU
Manure
Form
Existing
Maximum
Housing
Capacity
Exisiting
NU
Proposed
Maximum
Housing
Capacity
Added
NU
Total
NU
Factor
A
Factor
AD
Swine
Feeders
(27 kg -105 kg)
6
Liquid
1200
200
1200
200
400
1.2
0.8
Chickens
Broilers
(9 week cycle)
300
Solid
33000
110
N/A
N/A
110
N/A
N/A
Imported
Manure
Maximum
Capacity
(10m x 12m x 2m)
19.8
Solid
240
12
N/A
N/A
12
N/A
N/A
Totals
322
200
522
Factor A (Odour Potential Factor) weighted average may be necessary
1.2
Factor D (Manure Form Factor) weighted average may be necessary
0.8
Factor B (Nutrient Units Factor)
563
Has a building permit been issued for the livestock facility on this property, in the last 3 years that has increased its
livestock capacity? No? Yes? If No, proceed to Approach (i); if Yes, proceed to Approach (ii)
Approach (i) - No Building Permits in Last 3 Years
Approach (ii) - Building Permit(s) issued in Last 3 Years
Calculation of Percentage Increase
Calculation of Percentage Increase
Total 2 - Total Added NU (From Above)
200
Total 2 - Total Added NU (From Above) + Total
Added NU from building permit(s) issued in the
last 3 Years
Total 1 - Total Existing NU (From Above)
322
Total 1 - Total Existing NU at Livestock Facility -
3 Years Ago
If Total 1 = Zero - Treat as a First
Livestock Facility
If Total 1 = Zero -
Treat as a First Livestock Facility
% Increase: (Total 2/Total 1) x 100
62.1%
% Increase: (Total 2/Total 1) x 100
Factor C (Orderly Expansion Factor)
0.825
F (Building Base Distance, m) = Factor A x Factor D x Factor B x Factor C
446
S (Manure Storage Base Distance, m)
446
Now What?
Apply MDS calculation to building permit application as appropriate. For Type A land uses, the values
of Building Base Distance 'F' and Storage Base Distance 'S' should be multiplied by 1.0 to determine
the required MDS setback. For Type B land uses, the values of Building Base Distance 'F' and
Storage Base Distance 'S' should be multiplied by 2.0 to determine the required MDS setback.
Implementation Guideline #40 provides direction around setbacks from rear lot lines, side lot lines
and road allowances. For rear and side lot lines, the values of Building Base Distance 'F' and Storage
Base Distance 'S' should be multiplied by 0.1 to determine the required MDS setback. In accordance
with Implementation Guideline #44, the required MDS setback from a rear or side lot line should
never exceed 30 metres. For road allowances, the values of Building Base Distance 'F' and Storage
Base Distance 'S' should be multiplied by 0.2 to determine the required MDS setback.
By-law Number 37-2006 (Consolidated July 15, 2014)
218
APPENDIX 1: MINIMUM DISTANCE SEPARATION (MDS I AND II)
IMPLEMENTATION GUIDELINES -
MINIMUM DISTANCE
SEPARATION FORMULAE
The following section outlines the specific implementation guidelines that need to be considered as part of the application and
calculation of the Minimum Distance Separation (MDS) Formulae. To assist the user the implementation
guidelines have been organized into six sections.
Implementation
MDS I
MDS II
Guideline
General Rules and Application of the Minimum Distance
Separation Formulae
The following implementation guidelines speak to some of the general rules regarding the MDS Formulae, and how they are
to be referenced in planning documents and applied to land use applications and building permits. This section also highlights some of the
specific instances where MDS Formulae are applied and exceptions where they are not applied.
1. Application of MDS and reference
in municipal planning documents
2. What MDS does
and does not apply to
3. MDS and manure transfer facilities
MDS Formulae and criteria are to be referenced in official plans, included in zoning
by-laws and applied in designations and zones where livestock facilities are a
permitted use. MDS will be applied in Prime Agricultural Areas and Rural Areas
as defined by the Provincial Policy Statement, 2005.
MDS applies to livestock facilities. It does not apply to abattoirs, apiaries,
assembly yards, fairgrounds, feed storages, field shade shelters, greenhouses, kennels,
2
livestock facilities that are less than 10 m (108 ft2) in floor area, machinery sheds,
mushroom farms, pastures, slaughter houses, stockyards, or temporary field
nutrient storage sites (as defined under the Nutrient Management Act, 2002).
Some livestock facilities require small facilities for holding some manure before
transfer to long-term permanent storage, or transfer to field spreading areas, or
transfer off the farm entirely. Examples include: small tanks inside or just outside the
barn for settling out sand from liquid dairy manure; small sumps inside or just
outside the barn for collection and/or mixing of liquid manure from several barn
areas; or concrete pads at the end of chicken broiler barns where solid manure is
pushed outside awaiting pickup by a trucker. These facilities should be considered as
part of the barn and have the same MDS setbacks as the barn.
By-law Number 37-2006 (Consolidated July 15, 2014)
219
Implementation
Guideline
4. MDS and earthen manure storages
5. When are MDS Formulae
implemented and applied?
6. MDS and surrounding
development. When is MDS applied?
MDS I
MDS I is applied to earthen storages,
despite the fact they are not considered
to be a building.
Best management practices recommend
the MDS formula be followed for earthen
manure storages, and this is backed up
by the Provincial Policy Statement, 2005,
'New land uses, including the creation of
lots and new or expanding livestock
facilities shall comply with the minimum
distance separation formulae'.
MDS I is applied at the time of planning
and/or development review for proposed
new development, such as lot creation,
building permits for development on a lot in
accordance with Implementation Guideline #
6, rezoning or redesignation of agricultural
land to permit development, in proximity to
existing livestock facilities on an existing or
proposed separate parcel of land.
MDS I is applied to all livestock facilities
reasonably expected to be impacted by the
proposed development, lot creation,
rezoning or redesignation. For Type 'A'
applications, apply MDS I for livestock
facilities within a 1000 metre radius. For
Type B application apply MDS I for livestock
facilities within a 2000 metre radius.
Separate MDS I calculations should be
undertaken for each livestock facility located
on a separate parcel of land. See
Implementation Guidelines # 34 and
# 35 for a discussion regarding Type
'A' and Type 'B' land uses.
MDS II
MDS II is triggered when a building
permit is required, but because
earthen storages are not considered to
be a building, they do not require a
building permit. However, this does not
exclude them from the requirement for
siting according to the MDS formula.
Best management practices
recommend the MDS formula be
followed for earthen manure storages,
and this is backed up by the Provincial
Policy Statement, 2005, 'New land
uses, including the creation of lots and
new or expanding livestock facilities
shall comply with the minimum distance
separation formulae'.
MDS II is applied at the time of
building permit application to build a
first or expanded livestock facility.
MDS II is applied to all development
reasonably expected to be impacted
by the proposed first or expanded
livestock facility.
By-law Number 37-2006 (Consolidated July 15, 2014)
220
Implementation
Guideline
MDS I
MDS II
7. Application of MDS to development
on existing lots
Municipalities have the option, but are
strongly encouraged to apply MDS I to
development proposed through building
permit on an existing lot. Construction of
a dwelling, or other structures that are
incompatible with livestock facilities, on an
existing lot can have a very detrimental
impact on the ability of surrounding
agricultural operations to expand in the
future, and often introduces a potential new
source for nuisance complaints regarding
odour from a livestock facility, that would
generally not be allowed if the lot were to
be created today. To address the potential
negative impact of nuisance complaints to
surrounding livestock operations from
development on existing lots, municipalities
are encouraged to undertake a thorough
review of this issue at the next update of
their municipal planning documents.
Municipalities should consider approaches
to address the future use and suitability of
development on existing lots. The application
of MDS I to development on existing lots will
take its direction from the applicable
municipal planning documents.
MDS II applies to lot lines.
8. MDS and Consent Applications
MDS I is applied to a proposed lot,
vacant or with existing structures.
Where a new lot is proposed with an
existing dwelling, and that dwelling is
already located on a lot separate from
the subject livestock facility, MDS I is not
applied as the potential odour conflict is
already present between the
neighbouring livestock facility and the
existing dwelling. However, municipalities
may choose to apply MDS I from the
neighbouring livestock facility to a
proposed lot with an existing dwelling.
Direction to apply MDS I in these
circumstances should be clearly indicated
in the municipality's planning documents.
MDS I is applied to a proposed lot with
an existing dwelling when the dwelling is
presently located on the same lot as the
subject livestock facility.
N/A
By-law Number 37-2006 (Consolidated July 15, 2014)
221
Implementation
Guideline
9. MDS and Zoning By-Law
Amendments
10. MDS and Official Plan
Amendments
11. Application of MDS after a
catastrophe
12. Existing uses that do not
conform to MDS
13. Non-application of MDS to
accessory structures
MDS I
MDS I is applied when new development is
proposed by way of a re-zoning in a zone
where agriculture is a permitted use.
MDS I is applied to lands being considered
for non-agricultural designation through the
official plan amendment process.
Where municipalities apply MDS I to
buildings or structures on an existing lot,
municipalities have the option to not apply
MDS I after a catastrophe that destroys
part or all of a dwelling, providing the
resulting new dwelling is built no closer
to a livestock facility than before the
catastrophe.
MDS I is applied to new proposed
development, even though there may be
existing non-agricultural uses that do not
conform to MDS I requirements. Where
there are four, or more, existing non-farm
uses closer to the subject livestock facility
and in immediate proximity to the current
application, MDS I will not be applied. The
current application must not be located
closer to the livestock facility than the four,
or more, existing non-farm uses.
When a municipality applies MDS I to
MDS II is not applied to buildings
development on an existing lot, it is not
and structures, accessory to a
applied to buildings and structures,
dwelling on an adjacent lot, such
accessory to a dwelling, such as decks,
as decks, garages, gazebos,
garages, gazebos, greenhouses,
greenhouses, outbuildings, picnic
outbuildings, picnic areas, patios or sheds.
areas, patios or sheds.
MDS II
N/A
N/A
Municipalities have the option to not
apply MDS II after a catastrophe that
destroys part or all of a livestock
facility, providing the resulting
livestock facility is built no closer
to a surrounding development than
before the catastrophe. However, if
rebuilding results in higher values for
Factor A, B and/or D than before the
catastrophe, then MDS II applies.
MDS II is measured from the
proposed new construction of an
expanding livestock facility(ies) even
though there may be parts of the
existing livestock facility, that do not
conform.
By-law Number 37-2006 (Consolidated July 15, 2014)
222
Implementation
Guideline
MDS I
MDS II
14. Livestock occupied portions of
livestock facilities
MDS is not applied to portions of the livestock facility where livestock are not
normally present for a long enough time for substantial amounts of manure to
accumulate. For example, this includes feed bins, feed preparation areas, field
shadeshelters, livestock assembly areas, livestock loading chutes, machinery sheds,
milking centres, offices, riding arenas, silos or washrooms.
15. Setbacks - dwelling from
livestock facilities, same lot
Neither MDS I nor MDS II are applied between a dwelling and a livestock facility
located on the same lot.
16. Ownership of adjacent land by
same owner
MDS is applied regardless of the ownership of adjacent or adjoining legally separate
lots. Ownership of adjacent or adjoining legally separate lots by the same owner does
not prevent the application of MDS.
Determining Livestock Facility Capacity
The following implementation guidelines provide direction on determining the capacity of a livestock facility for calculating
MDS; as well as, direction on applying MDS to empty livestock facilities.
17. Obtaining Required Livestock
Information from Owners
Information to be used in MDS calculations, (such as capacity of the livestock facility,
type of manure storage, number of tillable hectares, etc.,) should be obtained from
the owner of an existing or first livestock facility. It may be necessary to independently
verify the information received from the owner of the livestock facility to ensure
accuracy of an MDS calculation.
18. Smallest size of livestock facility
for MDS
For the purposes of calculations, the smallest size of livestock facility is deemed to be
five Nutrient Units, regardless if there are fewer Nutrient Units within the livestock
facility, or not.
19. Capacity of livestock facilities for
MDS
MDS calculations shall be based on the maximum livestock housing capacity for all
livestock facilities on a lot, even if the building is not currently used, but is structurally
sound and reasonably capable of housing livestock. This also applies for permanent
manure storages on lots where there is no livestock generating manure.
20. Application of MDS to empty
livestock facilities
MDS I applies to empty livestock facilities if
they are structurally sound and reasonably
capable of housing livestock, or storing
manure. The MDS I calculation should be
based on the most probable Factors A, B
and D. The Ministry of Agriculture, Food
and Rural Affairs may provide municipalities
with additional information to guide them in
this determination. See Implementation
Guidelines # 25, 26 and 28 regarding
Factors A, B and D.
MDS II applies to empty livestock
facilities that are part of an expanding
livestock facility if they are structurally
sound and reasonably capable of
housing livestock, or storing manure.
The MDS II calculation should be
based on the most probable Factors
A, B and D.
continued...
By-law Number 37-2006 (Consolidated July 15, 2014)
223
Implementation
MDS I
Guideline
20. Application of MDS to empty
livestock facilities
continued...
MDS II
continued...
See Implementation Guidelines # 25,
26 and 28 regarding Factors A, B
and D.
However, empty livestock facilities can
be excluded from MDS II calculations
for expanding livestock facilities if a
building permit is required for altering
the facilities so they are no longer
capable for the housing of livestock
(or manure). Municipalities may
consider other approaches which
achieve the same objective.
Anaerobic Digesters
The following implementation guidelines speak to issues related specifically to anaerobic digesters, such as determination of
appropriate MDS factors, and setbacks for co-substrate input tanks (CSIT) and anaerobic digesters (AD).
21. Storages for digestate from an
anaerobic digester and how to apply
Factors B and C
When a livestock facility installs an
anaerobic digester (AD), some supplemental
agricultural or non-agricultural materials
may be imported to help boost biogas
production. This means a larger storage for
the resulting materials treated by the AD
system is required.
If an adjacent livestock facility has an AD
system and there are imported
supplemental materials, then for Factor B,
use the greater of the NU capacity for
livestock on the lot, versus the NU capacity
of all storage volumes using 19.8 m3/NU
(700 ft3/NU) from Table 1.
For example, a 100 NU swine farm has an
AD system and imports supplemental
materials to boost biogas production. There
is just one storage of 2,376 m3 capacity.
For Factor B, this is 2,376 m3 ÷ 19.8
m3/NU = 120 NU, which is greater than
100 NU for swine. Use 120 NU in Table 2
to determine Factor B.
When a livestock facility installs
an anaerobic digester (AD), some
supplemental agricultural or non
agricultural materials may be
imported to help boost biogas
production. This necessitates the
need for larger storage for the
resulting digestate from the AD
system.
In MDS II, for Factor B, use the
greater of the NU capacity for
livestock on the lot, versus the NU
capacity of the proposed storage
volume using 19.8 m3/NU
(700 ft3/NU) from Table 1.
For Factor C, use the increased NU
capacity of the proposed storage
volume compared to the NU capacity
for the livestock on the lot.
continued...
By-law Number 37-2006 (Consolidated July 15, 2014)
224
Implementation
Guideline
21. Storages for digestate from an
anaerobic digester and how to apply
Factors B and C
continued...
22. Anaerobic digesters and
co-substrate input tanks
MDS I
Co-substrate input tanks (CSIT) may be
installed to store imported agricultural or
non-agricultural materials prior to input
into an anaerobic digester (AD).
The required MDS I separation from a
CSIT and/or AD is 125 m regardless of
size or type, and whether greater or
lesser MDS I setbacks are calculated
based on the livestock NU capacity or
potential NU capacity based on tillable
hectares.
MDS II
continued...
For example, a 100 NU swine
farm proposes to build 2,376 m3
of storage for manure and other
imported materials treated by an
AD system.
For Factor B, this is 2,376 m3 ÷
19.8 m3/NU = 120 NU, which is
greater than 100 NU for swine.
Use 120 NU in Table 2 to determine
Factor B.
For Factor C, the NU capacity of the
proposed storage is 120 NU
compared to 100 NU for swine.
The increase is 120 NU-100 NU =
20 NU, or 20 NU/100 NU x 100 =
20%. Use 20% in Table 3 to
determine Factor C.
Co-substrate input tanks (CSIT) may
be installed to store imported
agricultural or non-agricultural
materials prior to input into an
anaerobic digester (AD).
The required MDS II separation from
a CSIT and/or AD, regardless of size
or type, is:
- 125 m for Type A land uses
- 250 m for Type B land uses
- 125 m to the nearest neighbour's
house
- 13 m to the nearest lot line
- 25 m to the nearest road
allowance
By-law Number 37-2006 (Consolidated July 15, 2014)
225
Implementation
MDS I
MDS II
Guideline
MDS Formulae and Factors
The following implementation guidelines provide direction on the calculation of the MDS Formulae for MDS I and MDS II. In addition,
they provide a brief summary of the Factors used to calculate MDS, and specific considerations related to
the calculation.
23. Calculating building base
distance, 'F'
24. Calculating permanent manure
storage base distance, 'S'
25. Storage base distances ('S') when
F>1000 metres
26. Factor A - Odour Potential Factor
27. Factor B - Nutrient Units Factor
28. Factor C - Orderly Expansion
Factor
F = Factor A x B x D x E
F = Factor A x B x C x D
(Note: Factor C not used in MDS I)
(Note: Factor E not used in MDS II)
'S' is not calculated, but read directly from Table 6 by first calculating the building
base distance 'F', then choosing the new added 'Permanent Manure Storage Type'
from Table 5.
If 'F' > 1000 m, the Storage Base Distance 'S' is the same as the Building Base
Distance, 'F' as noted in Table 6.
Factor A is based on the type of livestock and its relative potential for emanating
offensive odours. The higher the Factor A, the higher the odour potential, and the
higher the resulting MDS separation distances, all other things being equal. See
Table 1.
Factor B is based on the number, or equivalent number, of Nutrient Units (NU) in housing
capacity at a livestock facility. The higher the number of NU, the higher the Factor B, and
the higher the resulting MDS separation distances, all other things being equal. See Table
2. In determining Factor B, it may be required to interpolate a value from Table 2.
Interpolated values for Factor B should not include more than two decimal places, and
may need to be rounded accordingly.
Does not apply for MDS I
Factor C only applies for MDS II, and is
based on the percentage increase in
the number of NU for the proposed
construction. The higher the
percentage increase, the higher the
Factor C, and the higher the resulting
MDS II, all things being equal.
Expansion of a livestock facility is a
necessary and typical process for the
economic development of most farm
operations, and can reasonably be
expected over time.
continued...
By-law Number 37-2006 (Consolidated July 15, 2014)
226
Implementation
MDS I
Guideline
28. Factor C - Orderly Expansion
Factor
continued...
MDS II
continued...
Factor C allows for future expansion.
Factor C is the highest it can be for
the first livestock building (or first
permanent manure storage where no
livestock are housed) on a lot, resulting
in a building location that will allow
most subsequent livestock buildings to
be built within a reasonable building
envelope. Factor C is smallest for no
increase in NU (0% increase), or
decreases in NU ('negative' increase),
rare on most farms, except when
replacing an old building with little to no
additional livestock capacity, downsizing,
or when installing storages to increase
manure holding capacity to prevent
spreading at inappropriate times of the
year.
For the purposes of determining Factor
C, all first livestock facilities are to be
calculated at Factor C = 1.14.
Where an existing livestock facility is to
be expanded, the percentage increase
shall be calculated using: the total
additional Nutrient Units proposed as
the numerator, and the total existing
Nutrient Units as the denominator.
For example, an existing livestock
facility currently has 200 nutrient units
and proposes to add 100 additional
Nutrient Units. In this case percentage
increase, would be calculated as 100
NU divided by 200 NU and then
multiplied by 100 for a value of 50 %
(100/200) x 100 = 50 %
continued...
By-law Number 37-2006 (Consolidated July 15, 2014)
227
Implementation
MDS I
Guideline
28. Factor C - Orderly Expansion
Factor
continued...
MDS II
continued...
Where a livestock facility is to be
expanded, and one or more building
permits to establish or expand that
livestock facility were already issued
within the previous three years, the
percentage increase shall be calculated
using: the total additional Nutrient Units
established or added by building permit
issued during the previous three year
period, plus the proposed expansion,
as the numerator; and the total existing
Nutrient Units prior to the previous
three year period as the denominator.
For example, an existing livestock
acility currently has 200 Nutrient Units
and proposes to add 100 additional
Nutrient Units. A building permit for
this livestock facility was issued 2 years
ago, and increased the size of the
operation at that time from 100
Nutrient Units to 200 Nutrient Units.
In this case, percentage increase
would be calculated as 200 NU (100
NU for this expansion plus 100 NU for
expansion 2 years ago) divided by 100
NU (the total capacity of the livestock
facility 3 years ago) and then multiplied
by 100 for a value of 200%.
[(100+100)/100] x 100 = 200 %
See Table 3 for further information.
In determining Factor C, it may be
required to interpolate a value from
Table 3. Interpolated values for Factor
C should not include more than four
decimal places, and may need to be
rounded accordingly.
By-law Number 37-2006 (Consolidated July 15, 2014)
228
Implementation
Guideline
29. Factor D - Manure or Material
Form in Permanent Storage Factor
30. Factor E - Encroaching Land Use
Factor
31. Calculating weighted averages for
Factor A
32. Calculating weighted averages
for Factor D
MDS I
Factor E is based on the degree of effect an
encroaching land use might have on an
existing livestock facility. The higher the
encroachment factor, the higher the potential
effect on a livestock facility, and the higher
the resulting MDS I separation distance, all
other things being equal. See Table 4.
In MDS I, Factor A may require a weighted
average, if there are more than one type
of livestock housed with differing values
for Factor A.
For example, if an adjacent livestock
facility houses 50 NU of chicken broilers
with Factor A = 0.7, and 100 NU of
swine feeders with Factor A = 1.2,
then the weighted average Factor A is:
[(50 x 0.7)+(100 x 1.2)]÷(50+100) = 1.03
When calculating a weighted average,
the value of Factor A should not include
more than two decimal places, and may
need to be rounded accordingly.
In MDS I, Factor D may require a
weighted average, if there are more than
one type of livestock housed with differing
values for Factor D.
For example, if an adjacent livestock
facility houses 50 NU of chicken broilers
with Factor D = 0.7, and 100 NU of
swine feeders with Factor D = 0.8, then
the weighted average Factor D is:
[(50 x 0.7)+(100 x 0.8)]÷(50+100) =
0.77
continued...
Factor D is based on the type of manure or material and its relative potential for
emanating offensive odours. The higher the Factor D, the higher the odour potential,
and the higher the resulting MDS separation distance, all other things being equal.
See Table 1.
MDS II
N/A
In MDS II, Factor A may require a
weighted average, if more than one
type of livestock is added with
differing values for Factor A.
For example, if a farmer proposes to
add 50 NU of chicken broilers with
Factor A = 0.7, and 100 NU of swine
feeders with Factor A = 1.2, to a
livestock facility, then the weighted
average Factor A is:
[(50 x 0.7)+(100 x
1.2)]÷(50+100) = 1.03
When calculating a weighted average,
the value of Factor A should not
include more than two decimal
places, and may need to be rounded
accordingly.
In MDS II, Factor D may require a
weighted average, if more than one
type of livestock is added with
differing values for Factor D.
For example, if a farmer proposes to
add: 50 NU of chicken broilers with
Factor D = 0.7, and 100 NU of swine
feeders with Factor D = 0.8, then the
weighted average Factor D is:
continued...
By-law Number 37-2006 (Consolidated July 15, 2014)
229
Implementation
Guideline
32. Calculating weighted averages for
Factor D
continued...
33. Tillable hectares
34. Rounding of MDS calculations
MDS I
MDS II
continued...
When calculating a weighted average,
the value of Factor D should not include
more than two decimal places, and may
need to be rounded accordingly.
In MDS I, Factor B is based on the greater
of the existing Nutrient Unit housing
capacity of the livestock facility, or the
potential Nutrient Unit housing capacity of
the livestock facility based on the product
of tillable hectares on that lot multiplied by
7.5 Nutrient Units/tillable hectare (to a
maximum of 300 Nutrient Units).
However, for settlement area expansions
only, MDS I is based on the existing Nutrient
Unit housing capacity and not tillable
hectares. See the following examples:
For example:
20 NU operation on 10 hectares;
housing capacity is 75 NU
20 NU operation on 45 hectares:
housing capacity is 300 NU
300 NU operation on 10 hectares;
housing capacity is 300 NU
300 NU operation on 45 hectares:
housing capacity is 300 NU.
continued...
[(50 x 0.7)+(100 x
0.8)]÷(50+100) = 0.77
When calculating a weighted average,
the value of Factor D should not
include more than two decimal
places, and may need to be rounded
accordingly.
N/A
All resulting calculated separation distances are rounded up to the nearest metre.
By-law Number 37-2006 (Consolidated July 15, 2014)
230
Implementation
MDS I
MDS II
Guideline
Type A and B Land Uses
These implementation guidelines outline considerations regarding the interpretation of Type A and Type B land uses for MDS I
and II, and how different land uses should be treated in MDS. They also provide specific direction on exceptions to Type A and
Type B land uses.
35. Type A land uses
36. Type B land uses
Type A land uses are typically characterized
Type A land uses are typically
by uses that have a lower density of human
characterized by uses that have a
occupancy, habitation or activity.
lower density of human occupancy,
habitation or activity.
For the purposes of MDS I, Type A land
uses include applications to rezone or
For the purposes of MDS II, Type A
redesignate agricultural lands for industrial,
land uses include areas zoned or
agricultural-related or recreational use -
designated industrial, agricultural-
low intensity purposes.
related or recreational use - low
intensity.
Type A land uses include applications to
permit:
Type A land uses include residential
- construction of a dwelling on an
dwellings on lots zoned agriculture,
existing lot where the municipality
rural residential, residential, or other
has determined that MDS I should
similar zoning. This includes existing
be applied, or the
residential uses on separate lots not
- creation of up to three lots either
recognized through Official Plan
by consent or plan of subdivision
designation as a residential area.
Type B land uses are typically characterized
by uses that have a higher density of
human occupancy, habitation or activity.
For the purposes of MDS I, Type B land
uses include applications to rezone or
redesignate agricultural lands for residential,
institutional, recreational use - high intensity,
commercial or settlement area purposes.
Type B land uses include applications to
permit:
- creation of residential subdivisions
in rural areas, or
- expansion of a settlement area, or
- creation of multiple residential
development, or
- the creation of a lot which results
in a rural residential cluster
Type B land uses are typically
characterized by uses that have a
higher density of human occupancy,
habitation or activity.
For the purposes of MDS II, Type B
land uses include areas zoned or
designated settlement area,
recreational use high - intensity,
institutional, or commercial.
Type B land uses include areas
designated in an Official Plan as
residential for:
- residential subdivisions, or
- multiple residential, or
- estate residential
development
By-law Number 37-2006 (Consolidated July 15, 2014)
231
Implementation
Guideline
37. Application to settlement areas
38. Cemeteries
39. Rural residential clusters
40. Rear lot lines, side lot lines, and
road allowances
MDS I
MDS I does not apply to proposed non
agricultural uses in approved settlement
area designations. However,
municipalities have the option to apply
MDS I from livestock facilities within a
settlement area designation.
The application of MDS I will take its
direction from the applicable municipal
planning documents.
For the purposes of MDS I, cemeteries
should be considered a Type B land use,
as they are an institutional use.
For the purposes of MDS I, lot creation
which results in a rural residential cluster
should be considered a Type B land use.
N/A
MDS II
Where municipalities permit first or
expanded livestock facilities within
approved settlement area
designations, municipalities have the
option, but are strongly encouraged
to apply MDS II.
The application of MDS II will take its
direction from the applicable
municipal planning documents.
For the purposes of MDS II,
cemeteries should be considered a
Type B land use, as they are an
institutional use.
However, cemeteries may be treated
as a Type A land use when the
cemetery is closed and receives low
levels of visitation. Cemeteries such as
this should be clearly identified in the
municipality's planning documents.
For the purposes of MDS II, rural
residential clusters should be
considered a Type A land use, except
where they have been identified and
designated in an Official Plan.
In addition to Type A and Type B land
uses, MDS II setbacks are calculated
from rear lot lines, side lot lines, and
road allowances.
Rear and side lot line MDS II setbacks
are calculated as 0.1 x the Building
Base Distance 'F' and Storage Base
Distance 'S'.
continued...
By-law Number 37-2006 (Consolidated July 15, 2014)
232
Implementation
MDS I
Guideline
40. Rear lot lines, Side lot lines, and
Road Allowances
continued...
MDS II
continued...
For example, an MDS II calculation
yields values of 100 metres for
Building Base Distance 'F' and 123
metres for Storage Base Distance 'S'.
The required setback for the livestock
facility from the lot lines would be 10
metres (100 x 0.1). The required
setback for the manure storage from
the lot lines would be 12.3 metres
(123 x 0.1). This value should be
rounded to the nearest whole number,
so in this instance, the setback for
the manure storage would be 12
metres.
Under no circumstances should the
MDS II setback from a rear or side
lot line exceed 30 metres, see
Implementation Guideline #44.
Road allowance MDS II setbacks are
calculated as 0.2 x the Building Base
Distance 'F' and Storage Base
Distance 'S'.
For example, an MDS II calculation
yields values of 100 metres for
Building Base Distance 'F' and 123
metres for Storage Base Distance 'S'.
The required setback for the livestock
facility from the road allowance would
be 20 metres (100 x 0.2). The
required setback for the manure
storage from the road allowance
would be 24.6 metres (123 x 0.2).
This value should be rounded to
the nearest whole number, so in this
instance, the setback for the manure
storage would be 25 metres.
By-law Number 37-2006 (Consolidated July 15, 2014)
233
Implementation
MDS I
MDS II
Guideline
Applying MDS - Measurement of MDS Setbacks
The following implementation guidelines provide direction on measurement of MDS setbacks between livestock facilities,
and other existing or proposed development, lot lines, and road allowances.
41. Measurement of MDS
42. Measurement of MDS for Lot
Creation
43. Measurement of MDS for
development on existing lots
44. Maximum setbacks to side or
rear lot lines
For MDS I, measurements are taken as
the shortest distance between the area
to be rezoned or redesignated and the
livestock occupied portion of the livestock
facility (or storage).
For MDS I, measurements are taken as
the shortest distance between the lot line
of the lot being created and the livestock
occupied portion of the livestock facility
(or storage). Where larger lots may be
permitted (generally greater than 1 ha),
a suitable location must be identified for
a 1 ha building envelope outside the
MDS I setback.
Where a municipality chooses to apply
MDS I to development proposed through
building permit on an existing lot,
measurements are taken as the
shortest distance between the dwelling
or other structure to be constructed
and the livestock occupied portion of
the livestock facility.
N/A
For MDS II, measurements are taken
as the shortest distance between the
point of new construction for the
livestock occupied portion of a first
or expanded livestock facility and the
dwelling/lot line/road allowance/or
area zoned or designated.
N/A
N/A
The maximum required setback from
any livestock facility to side or rear lot
lines is 30 m.
By-law Number 37-2006 (Consolidated July 15, 2014)
234
Implementation
MDS I
MDS II Guideline
Applying MDS - Minor Variances
This section of the MDS Formulae implementation guidelines speak to specific issues regarding minor variances
applications under the Planning Act.
45.Affects of wind, etc. on MDS
The direction of prevailing wind, surrounding topography, and presence of
trees, berms, or other screening do not affect MDS calculations, but could
be elements considered in Minor Variance applications.
46. Reducing MDS setbacks and
minor variances
MDS I setbacks should not be reduced
except in accordance with these
implementation guidelines. Where a
municipality applies MDS I to development
on existing lots, minor variances to MDS
I distances can be considered based on
site specific circumstances. Circumstances
that meet the intent, if not the precise
distances of MDS I, or mitigate
environmental impacts, may warrant
further consideration.
Minor variances to MDS II
distances can be considered
based on site specific
circumstances. Circumstances
that meet the intent,
if not the precise distances
of MDS II, or mitigate
environmental impacts,
may warrant further
consideration.
By-law Number 37-2006 (Consolidated July 15, 2014)
235
No 2 Illustrations
By-law Number 37-2006 (Consolidated July 15, 2014)
236
By-law Number 37-2006 (Consolidated July 15, 2014)
237