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Municipality of West Perth
Comprehensive Zoning By-law
No. 100-1998
Originally Prepared by
Perth County Planning and Development Office
November 15, 1999
(As approved by the Ontario Municipal Board July 18, 2000)
Consolidated to October 1, 2026
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Municipality of West Perth
Comprehensive Zoning By-law
TABLE OF CONTENTS
Section 1 - General ........................................................................................... 1-1
Section 2 - Administration, Enforcement, and Penalties.................................... 2-1
Section 3 - Definitions ....................................................................................... 3-1
Section 4 - Zones and Interpretation ................................................................. 4-1
Section 5 - General Provisions .......................................................................... 5-1
Section 6 - Agricultural Zone (A) ....................................................................... 6-1
Section 7 - Agricultural Commercial/Industrial Zone (ACM) .............................. 7-1
Section 8 - Hamlet/Village Residential Zone (HVR) .......................................... 8-1
Section 9 - Mitchell Residential Low-Density Zone One (R1) ............................ 9-1
Section 10 - Mitchell Residential Low-Density Zone Two (R2) ........................ 10-1
Section 11 - Mitchell Residential Medium Density Zone Three (R3) ............... 11-1
Section 12 - Mitchell Residential High-Density Zone Four (R4)....................... 12-1
Section 13 - Mobile Home/Modular Zone (MH) ............................................... 13-1
Section 14 - Core Area Commercial Zone (C1) ............................................... 14-1
Section 15 - Hamlet/Village Commercial Zone (C2) ........................................ 15-1
Section 16 - Highway Commercial Zone (C3) ................................................. 16-1
Section 17 - Secondary Commercial Zone (C4) .............................................. 17-1
Section 18 - Light Industrial Zone (M1) ........................................................... 18-1
Section 19 - General Industrial Zone (M2) ...................................................... 19-1
Section 20 - Mineral Aggregate Resources Zone (MAR) ................................ 20-1
Section 21 - Institutional Zone (I) .................................................................... 21-1
Section 22 - Park and Recreation Zone (PR) .................................................. 22-1
Section 23 - Natural Resources/Environment Zone One (NRE1) .................... 23-1
Section 24 - Natural Resources/Environment Zone Two (NRE2) .................... 24-1
Section 25 - Flood Plain Zone (FP) ................................................................. 25-1
Section 26 - Flood and Fill Constraint Area Overlay (FFCA) ........................... 26-1
Section 27 - Adjacent Land Zone and Overlay (AL) ........................................ 27-1
Section 28 - Future Development Zone (FD) .................................................. 28-1
Section 29 - Holding Zone (-h) ........................................................................ 29-1
Schedule A ............................................................................................Index Map
Schedule A..................................................................................................Legend
Schedule A..............................................................................................Key Maps
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MUNICIPALITY OF WEST PERTH
ZONING BY-LAW NO. 100-1998
(Consolidated through to October 1, 2026)
This consolidation of the Municipality of West Perth Zoning By-law No. 100-1998, and the
various amendments thereto, has been prepared for use by Municipal Officials in the
administration of the Municipality's Zoning By-law. This consolidated By-law includes all of
the amendments to Zoning By-law No. 100-1998 that were legally in force as of October 1,
2026. A listing of these various amendments is not included in this consolidated By-law.
West Perth Council wishes to emphasize that the attached Zoning By-law is only a
consolidation of By-law No. 100-1998 and amendments thereto, legally in force as of
October 1, 2026. It is not a true copy of the By-law No. 100-1998 or the amendments
thereto as adopted by Municipal Council and it should not be used as a true copy. The
accuracy of the zoning information in this consolidated By-law should be confirmed by
reviewing a true copy of By-law No. 100-1998 and the applicable amendment(s). A true
copy of By-law No. 100-1998 and the amendments thereto are available for review at the
Municipal Office.
In order to assist in identifying where amendments have been incorporated into this
consolidated By-law, notations have been included in the above amended text. The
notations refer to the amending By-law No. and are in italic print (e.g. ADDED BY BY-LAW
NO. Z1-2000).
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The Comprehensive Zoning By-law of The Corporation of the
Municipality of West Perth By-law No. 100 -1998
Being a By-law under Section 34 of the Planning Act, R.S.O. 1990 to regulate the use of
land and the character, erection, location and use of buildings and structures and to prohibit
certain buildings, structures and uses in various defined areas of the Corporation of the
Municipality of West Perth.
WHEREAS the Council of the Corporation of the Municipality of West Perth deems it
expedient to implement the Official Plans for the County of Perth and the Mitchell Ward, and
considers it advisable to restrict, prohibit and regulate the use of land and the character,
location and use of buildings for the purpose of preventing adverse effects within the
municipality, promoting orderly development, and protecting the natural environment.
Now Therefore the Council of The Corporation of The Municipality of West Perth Enacts as
Follows:
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SECTION 1 - GENERAL
1.1
Title
This By-law shall be known as the "Zoning By-law" of the Corporation of the
Municipality of West Perth.
1.2
Application
The provisions of this By-law shall apply to all lands within the boundaries of the
Corporation of the Municipality of West Perth.
1.3
Conformity Requirements
1.3.1
No person shall use any land or erect, locate, alter, or use any building,
structure or part thereof within the boundaries of the Corporation of the
Municipality of West Perth except in conformity with the provisions of this
By-law.
1.3.2
No person shall use any building, structure or part thereof, erected,
located, or altered in contravention of this By-law so long as such building,
structure, or part thereof, continues to contravene the provisions of this By-
law.
1.3.3
No lot shall be reduced in area by the conveyance, mortgage, or other
alienation of a part thereof so that the area of such lot or the applicable site
requirements contained in this By-law are less than that required by this By-
law. If any such reduction occurs, such lot and any building or structure
situated thereon shall not thereafter be used by any person unless and
until the said lot area or other applicable site requirement of this By- law are
complied with.
1.3.4
Subsection 1.3.3 above shall not apply to a lot reduced in area by the
conveyance to or expropriation by the Corporation of the Municipality of
West Perth or any other authority having the powers of expropriation.
1.3.5
No person shall change the purpose for which any lot, building, or structure
is used, or erect, locate, alter, or use any building or structure, or sever any
area from any existing lot, if the effect of such action is to cause the building,
structure, or lot, whether original, adjoining, remaining, or new, to be in
contravention of the provisions of this By-law.
1.4
Repeal of Existing By-Laws
From the coming into force of this By-law, all previous Zoning By-laws that have
been adopted by the Council of the Corporation of the Municipality of West Perth or
by the Councils of the former municipalities that joined to constitute the Municipality
of West Perth shall be repealed.
1.5
Severability
If any section, clause, or provision of this By- law, including anything contained in
Schedules "A", "B", and "C" 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
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as a whole or any other 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 remaining
sections, clauses, or provisions of this By-law shall remain in full force and effect in
the Corporation of the Municipality of West Perth until repealed, notwithstanding that
one or more sections, clauses, or provisions thereof shall have been declared to be
invalid.
1.6
Unlawful Uses
Any use established in violation of a predecessor of this By-law shall be deemed to
have been established unlawfully and therefore shall be considered to be an
unlawful or illegal use under the provisions of this By-law.
1.7
Effective Date
This By-law shall come into force on the day it is passed by the Council of the
Corporation of the Municipality of West Perth, pursuant to the provisions of the
Planning Act, and to Regulations thereunder.
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SECTION 2 - ADMINSTRATION, ENFORCEMENT AND
PENALTIES
Administration
This By-law shall be administered and enforced by such person or persons as shall be
appointed from time to time by by-law of the Corporation.
2.1
Permits, Certificates, and Licences
No permit, certificate, or licence shall be issued by the Corporation where such permit,
certificate, or licence is required for any use of land or the erection, alteration,
enlargement, or use of any building or structure that is in violation of the provisions of
this By-law.
2.2
Inspection of Premises
2.2.1
The Zoning Administrator, Chief Building Official, or any employee of the
Corporation acting under the direction of the Council is hereby authorized, at
any reasonable time and upon producing proper identification, to enter upon
any property or premises for the purpose of discharging his duties under the
provisions of this By-law, on or in respect of which the Zoning Administrator
believes on reasonable grounds that a contravention of this By-law is
occurring.
2.2.2
Notwithstanding the above, the Zoning Administrator, Chief Building Official, or
any employee of the Corporation acting under the direction of the Zoning
Administrator shall not enter any building, structure, or part thereof which is
being used as a dwelling without requesting and obtaining the consent of the
occupant, first having informed the occupant that the right of entry may be
refused and entry made only under the authority of a search warrant issued
under the Provincial Offences Act.
2.3
Building Permits
Notwithstanding the provisions of the Corporation's Building By-law, or any other by-
law of the Corporation, no building permit shall be issued where the proposed building,
structure, or use would be in violation of any of the provisions of this By-law.
2.4
Moving of Buildings
Any building or structure that is moved from within the boundary of the Corporation or
from beyond the boundary of the Corporation to a site within any zone category
established by this By-law shall be considered as being a new building or structure and
shall be required to comply with the provisions of this By-law. Further, no building or
structure shall be moved within the boundary of the Corporation or shall be moved into
the Corporation limits from outside without a building permit issued by the Corporation.
2.5
Violations and Penalties
2.5.1
Every person who contravenes this By-law and, if the person is a corporation,
every director or officer of the corporation who knowingly concurs in the
contravention, is guilty of an offence and on conviction is liable,
(a)
On a first conviction to a fine of not more than $25,000.00; and
(b)
On a subsequent conviction to a fine of not more than $10,000.00 for
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each day or part thereof upon which the contravention has continued
after the day on which such person was first convicted.
2.5.2
Where a corporation is convicted under subsection 2.6.1, the maximum
penalty that may be imposed is,
(a)
On a first conviction a fine of not more than $50,000.00; and
(b)
On a subsequent conviction to a fine of not more than $25,000.00 for
each day or part thereof upon which the contravention has continued
after the day on which the corporation was first convicted, and not as
provided in subsection 2.6.1.
2.5.3
Where a person who is guilty of an offence under the provisions of this By-law
has been directed to remedy any violation and is in default of doing such matter
or thing required, such matter or thing shall be done at his expense.
2.5.4
Where a person has refused or neglected to reimburse the Corporation for the
cost of work, matter, or thing done, the cost may be recovered by the
Corporation in the like manner as municipal taxes or other method as referred
to in Section 427 of the Municipal Act, S.O. 2001, as amended.
2.5.5
Notwithstanding the above-noted provisions, if Section 67 of the Planning Act,
R.S.O. 1990 is amended, the amended fines shall be deemed to apply to this
By-law.
2.6
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 of the requirements of this By-law, such contravention may be restrained
by action at the instance of any ratepayer or of the Corporation pursuant to the
provisions of the Planning Act, and the Municipal Act, R.S.O. 1990, as
amended.
2.7
Conformity Information
2.7.1
Any person requiring written information from the Corporation as to whether a
lot is being used or that the use and/or location of any buildings and structures
situated thereon is in conformity with the provisions of this By-law shall
provide the following to the Zoning Administrator:
(a)
An application fee in an amount as established by Council for such
written information;
(b)
A plan of survey signed by an Ontario Land Surveyor showing the
boundaries of the lot in question and the location of all buildings and
structures situated on the lot;
(c)
A statement or affidavit signed by the owner of the lot indicating the
exact use of the lot and of all buildings and structures situated on the
lot;
(d)
Any other information as may be required by the Zoning Administrator
to assist in determining whether the use of the lot and the use and
location of the buildings and structures conform to the provisions of
this By-law.
2.7.2
The Zoning Administrator hereby has the right and the authority to waive the
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requirement for any of the information referred to in Subsection 2.8.1 above if
he determines that such is not necessary for him to satisfactorily respond to
the request for conformity information.
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SECTION 3 - DEFINITIONS
For the purpose of this By-law, the definitions that are provided in this Section shall govern
unless specifically indicated otherwise in other parts of this By-law.
Accessory means a use or a detached building or structure that is naturally and normally
incidental, subordinate and exclusively devoted to supporting the principle use, building or
structure and located on the same lot therewith, but does not include a dwelling unless
otherwise specified.
Amended by By-law No. Z149-2012
Adult Entertainment Parlour means any premises or any part of them is an adult
entertainment establishment if, in the pursuance of a business,
(a)
Goods, entertainment or services that are designed to appeal to erotic or sexual
appetites or inclinations are provided in the premises or part of the premises; or
(b)
Body-rubs, including the kneading, manipulating, rubbing, massaging, touching or
stimulating by any means of a person's body, are performed, offered or solicited in the
premises or part of the premises, excluding premises or part of them where body- rubs
performed, offered or solicited are for the purpose of medical or therapeutic treatment
and are performed or offered by persons otherwise duly qualified, licensed or
registered to do so under a statute of Ontario.
(Amended by By-law No Z307-2025)
Agricultural Use means the growing of crops including nursery, biomass, and horticultural
crops; raising of livestock; raising of other animals for food, fur or fibre including poultry and
fish; aquaculture; apiaries; agroforestry; maple syrup production; and associated on-farm
buildings and structures, including, but not limited to, livestock facilities, manure storages,
value-retaining facilities and accommodation for full-time farm labour when the size and
nature of the operation requires additional employment.
Airfield means a facility used for the landing, departure and storage of small privately-owned
aircraft for personal use and shall not include a commercial Airport.
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 thereto.
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, setback, landscaped open space, or parking area or to change the
location of any boundary of such lot with respect to a street or lane, whether such alteration is
made by conveyance or alienation of any portion of said lot, or otherwise.
The words "altered" and "alteration" shall have corresponding meanings.
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Amended by By-law No. Z149-2012
Amenity Space means the total area or areas within a lot provided for the use of the
residents of a residential building or a commercial building containing residential units located
on the lot for the purpose of personal recreation space or shared recreation space.
Animal Clinic means the premises of a veterinary surgeon where domestic animals, birds, or
other livestock are treated and/or kept. Animal clinic does not include a kennel.
Amended by By-law No. Z149-2012
Antique Store means a retail store selling any old and authentic objects of personal property
which were made, fabricated or manufactured sixty or more years earlier and which have a
unique appeal and enhanced value mainly because of its age, and, in addition, may include
the sale of any article of personal property which was made, fabricated or manufactured
twenty or more years earlier and because of public demand had attained a value in a
recognized commercial market which is in excess of its original value.
Amended by By-law No. Z149-2012
Artisan's Establishment means an establishment used for the study or instruction of a
performing or visual art such as dancing, music or painting or other similar uses or the
workplace of an artisan such as a painter, sculptor, photographer, dressmaker or tailor
together with the accessory retailing of paintings, sculpture, photography or handcrafts or
other similar uses.
Amended by By-law No. Z34-2002
Assembly Hall means a building or part thereof, in which facilities are provided for such
purposes as meetings for civic, educational, religious or social purposes and may include a
banquet hall or private club.
Amended by By-law No. Z149-2012
Attached when used in reference to a building, means a building otherwise complete in itself
which depends for structural support or for complete enclosure upon a division wall or
division walls shared in common with adjacent building or buildings.
Auction Establishment means a building or part thereof used for the retail sale of articles or
goods to members of the public bidding the highest offer for the article during the selling
proceedings.
Amended by By-law No. Z149-2012
Automobile Parts Supply Store means a building or part thereof used for the sale and
delivery of new motor vehicle parts, and equipment and devices to an automobile repair
establishment or the sale of same directly to the public over a counter.
Automobile Repair Establishment means a building or other structure where the repairing,
rebuilding, or reconditioning of motor vehicles or parts thereof, including body and fender
work, rust-proofing, painting, and steam cleaning, is carried on but does not include an
automobile service station or an automobile wrecking yard.
Automobile Sales and Service Establishment means a building and/or lot used for the
display and sale of new and/or used motor vehicles and the servicing, repair, cleaning, rust-
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proofing, polishing, and greasing of these products, the sale of automotive accessories and
related products, the leasing or renting of motor vehicles, and the retail sales of automotive
fuels and lubricants.
Automobile Service Station means a building designed, intended, or used for the sale of
automotive fuels and lubricants and providing minor repairs essential to the running of a
motor vehicle.
Automobile Washing Establishment means:
(a)
a building where mechanical equipment is used for washing motor vehicles and the
labour is supplied by the patron; and/or
(b)
means a building containing facilities for washing motor vehicles using an automatic or
semi-automatic application of cleaner, brushes, rinse water and drying devices.
In either of the above cases, a minimum of 4 spaces shall be made available for the queuing
of motor vehicles.
Automotive Gas Bar means the use of land, buildings, or structures where vehicle fuels, or
lubricants, are offered for sale but where no provision is made for the repair or maintenance
of motor vehicles. The sale of associated sundry items and the sale of prepared food for
consumption off the premises may be permitted in conjunction therewith provided the gross
floor area devoted to the sale of such sundry items and prepared foods does not exceed 10.0
m.
Square
Bakery means a building for producing, mixing, compounding or baking bread, biscuits,
cakes or other baked products. The sale of goods produced on the premises shall be
permitted as an accessory use.
Amended by By-law No. Z149-2012
Barber Shop or Hair Dresser means an establishment providing personal service to
individuals by cutting, styling, colouring, shampooing, shaving, or treating of hair and may
include manicures, pedicures or facial treatments, and the application of cosmetic products
and the ancillary sale of products used in the delivery of the personal service.
Amended by By-law No. Z98-2007
Barn, Livestock/Poultry see livestock facility.
Amended by By-law No. Z98-2007
Basement means that portion of a building between two floor levels which is partly below the
finished grade level and which has at least one-half of its height, measured from finished floor
to finished ceiling (or the underside of the floor joists where the ceiling is not finished), above
the finished grade level.
Bed and Breakfast Establishment means a single-detached dwelling in which not more
than four (4) guest rooms are made available for the temporary accommodation of the
travelling or vacationing public and within which meals may be provided to those persons
temporarily residing therein. Bed and breakfast establishments shall:
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(a)
Be clearly secondary to the main use of the dwelling for residential purposes and not
change the character of the dwelling as a private residence;
(b)
Satisfy all applicable requirements of the appropriate Health authority and all
requirements for sanitary/ septic systems approved by the appropriate authority;
(c)
Have no external evidence that the bed and breakfast establishment exist with the
exception of a single sign not greater than .20 m2 in area;
(d)
Be operated only by a person(s) residing in the dwelling;
(e)
Comply with all applicable requirements of this By-law (including parking
requirements), and all other applicable laws; and
(f)
Not include a restaurant or eating establishment.
Amended by By-law No. Z149-2012
Beer Parlour or Cocktail Bar means an establishment licensed by the Provincial
Government in which alcoholic beverages are offered for sale and consumed on the
premises and may include amenities such as televisions, pools tables and video games and or
similar machines and where music (whether performed live or recorded), dancing or other
forms of entertainment shall be permitted.
Amended by By-law No. Z149-2012
Berm means a landscaped mound of earth having a minimum base: height slope ratio of 2:1
and a maximum base: height slope ratio of 3:1.
Amended by By-law No. Z149-2012
Boutique means a small retail shop with a gross floor area of not more than 112 m2 that
specializes in gifts, fashionable clothes, and accessories.
Building means any structure, whether temporary or permanent, fixed to or supported by the
soil and which is designed, used, or intended to be used for the accommodation, storage, or
shelter of persons, animals, or chattels. A building shall not include a boundary wall, fence,
retaining wall, light standard, head stone, or sign.
Building Height means the vertical distance measured from the finished grade level of the
building to:
(a)
In the case of a flat roof, the highest point of the roof surface or parapet, whichever is
greater.
(b)
In the case of a mansard roof, the roof deckline.
(c)
In the case of a gable, hip, gambrel, or other roof type, the mean height between the
eaves and the ridge.
(d)
In the case of a building not having a roof, the top part of any building. The building
height definition shall not apply to any ornamental dome, tower, cupola, steeple, church
spire, chimney, smoke stack, ventilating device, air conditioning duct, skylight, aerial,
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transmission tower, satellite dish when located on the roof of a non- residential building,
windmill, silo, or grain elevator.
Building, Main means the building or buildings designed and/or intended to accommodate
the principal use on a lot as permitted by this By-law.
Building Official, Chief (Building Inspector) means the Chief Building Official or other
employee of the Corporation being charged with the duty of enforcing the provisions of the
Building By-law and the Ontario Building Code, or any other by-law of the Corporation from
time to time in force for the purpose of regulating the erection, alteration, or repair of
buildings.
Bus Depot means a facility for the boarding and deboarding of passengers from buses and
may include accessory uses such as a public washroom or rest area, bus ticket sales area,
and office area.
Carport means a building or structure or part thereof, of which at least 40 per cent of the area
of the perimeter faces is open and unobstructed by any wall, door, post, pier, and:
(a)
Which is used for the temporary parking or storage of private passenger motor
vehicles; and
(b)
Wherein neither the servicing nor repairing of motor vehicles is carried on for
remuneration or for commercial use.
An attached carport shall be considered as part of the main building whereas a detached
carport shall be considered as an accessory building or structure.
Amended by By-law No. Z149-2012
Caterer's Establishment means an establishment in which food and beverages are
prepared for consumption off the premises and are not served to customers on the premises or
to take out, but does not include a food service establishment.
Cellar means that portion of a building between two floor levels which has more than one-half of
its height, measured from finished floor to finished ceiling (or the underside of the floor joists
where the ceiling is not finished), below the finished grade level.
Cemetery means land set aside to be used for the interment of human remains and includes a
mausoleum, columbarium or other structure intended for the interment of human remains.
Amended by By-law No. Z98-2007
Cemetery, Closed means a cemetery that no longer receives human remains for interment.
Church means a building dedicated to religious worship.
Club, Private means a building or part of a building used as a meeting place for members of
an organization and includes a lodge, fraternity or sorority house, labour union hall, and
country club.
Commercial Motor Vehicle means any motor vehicle capable of or having attached thereto
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a truck or delivery body or trailer and without limiting the generality of the foregoing includes
transport truck tractors and/or trailers, delivery vans, hearses, buses, farm tractors and/or
trailers used for hauling, and delivery trucks, but excludes travel trailers and motor homes as
defined in this By-law.
Commercial Use means the use of land, buildings, or structures for the purpose of buying
and selling commodities, and/or supplying of services, but does not include industrial uses.
Amended by By-law No. Z149-2012
Common Open Space means recreation space provided within or outside a building or
buildings for the use of all the residents for recreation or social purposes and is readily
accessible by all the residents of such building or buildings.
Community Centre means a building or structure owned and operated entirely by the
Corporation or by the Corporation in conjunction with neighbouring municipalities and which
provides social, recreational, or other facilities for use by the general public.
Complying and Conforming Complying, when used to describe a use, building, or structure,
means a use, building, or structure which agrees with, meets or satisfies all of the
requirements of this by-law for such use, building, or structure.
Conforming, when used to describe a use, building, or structure, means a use, building, or
structure which falls within the uses permitted in the zone category in which such use,
building, or structure is located.
Amended by By-law No. Z149-2012
Condominium means a building or buildings in which each individual unit is held in separate
private ownership and all floor space, facilities and outdoor areas used in common by all
tenants are owned, administered and maintained by a corporation created pursuant to the
provisions of the Condominium Act.
Conservation means the protection, maintenance and improvement of components of the
natural environment, including land, soil, water and vegetation.
Amended by By-law No. Z149-2012
Conservation Lands means lands used solely for the preservation and enhancement of the
natural environment.
Amended by By-law No. Z149-2012
Conservation Works means facilities constructed or works undertaken solely for the purpose
of preserving and/or enhancing the natural environment.
Amended by By-law No. Z149-2012
Continuum-of-Care facility means a facility which may include a Senior Citizens Apartment
Building, a Nursing Home and/or a Retirement Lodge and may include facilities associated
with, and designed specifically to serve, the Senior Citizens Apartment Building, Nursing
Home and/or Retirement Lodge such as hospitals, clinics, recreation centres, cafeterias and
personal service establishments and may also include independent Senior's accommodation
in separate structures/living units that share in services, such as meals, medical care
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services, or recreation that are provided by the facility.
Contractor's Yard or Shop means the use of land, buildings, or structures for the purpose
of:
(a)
Storing equipment, vehicles, or material associated with the construction and building
trades; and/or
(b)
Performing shop work or assembly work by any building trade or other construction
contractor.
Amended by By-law No. Z149-2012
Convenience Business Service Establishment means a commercial premise where
communications and postal services are provided to both businesses and the public such as
printing, photocopying, laminating, binding, fax machines, mail boxes, inter-net links, desktop
publishing, and/or package shipping and receiving.
Amended by By-law No. Z149-2012
Convenience (or Variety Store) means a retail outlet serving the day-to-day, non-
comparison-shopping needs of a consumer including, for example, a variety store, bake
shop, drug store or small food/grocery store, and shall not include any retail outlet having its
main product line involving hardwares, housewares, apparel, footwear or fashion
accessories.
Corporation means the Corporation of the Municipality of West Perth.
Amended by By-law No. Z98-2007
Council means the Municipal Council of the Corporation.
County means the Corporation of the County of Perth.
(Amended by By-law No Z307-2025)
Day Nursery means a place that is licensed pursuant to the Day Nurseries Act, R.S.O. 1990,
c.D.2, as amended (the "Day Nurseries Act"), in which more than five children who are not of
common parentage are provided with temporary care, protection and supervision for a
continuous period not exceeding 24 hours.
Day Nursery, private-home day care means the temporary care for reward or compensation
of five children or less who are under ten years of age where such care is provided in a private
residence, other than the home of a parent or guardian of any such child, for a continuous
period not exceeding twenty-four hours.
Daylight Triangle or Sight Triangle means an area free of buildings and structures formed
by measuring from the point of intersection of lot lines abutting a street on a corner lot, the
distance required by this By-law along each such lot line abutting the street and joining such
points with a straight line. The triangular-shaped land area between the intersecting lot lines
abutting a street and the straight line joining the points the required distance along said lot
lines is the daylight or sight triangle.
Amended by By-law No. Z149-2012
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17 | P a g e
Density means the ratio between the number of dwelling units located or proposed to be
located on a lot to one (1) hectare of lot area.
Amended by By-law No. Z149-2012
Department Store means a building or part thereof used for the retail sale of a great variety
of merchandise usually organized by sections such as hardware, men's and women's
apparel, and home furnishings.
Development means the construction, erection, or placing of one or more buildings or
structures on land or the making of an addition or alteration to a building or structure that has
the effect of substantially increasing the size or usability thereof, or the laying out and
establishment of a commercial parking lot.
Drainage Works includes a drain constructed by any means, including the improving of a
natural water course, and including works necessary to regulate the water table or water level
within or on any lands or to regulate the level of the waters of a drain, reservoir, lake, or pond,
and includes a dam, embankment, wall, protective works or any combination thereof.
Amended by By-law No. Z149-2012
Dress maker or Tailor Shop means an establishment wherein the individual custom sewing
or alterations of clothing and apparel are completed but does not include the large-scale
manufacturing of clothing or apparel.
Dry Cleaning Depot or Establishment means a building or part of a building used for the
purpose of collection and distribution of articles or goods or fabric for the on or off-site
process of dry cleaning, dry dyeing, cleaning, spot and stain removal, and for the pressing of
such articles or goods.
Dwelling means a building or part thereof containing one or more dwelling units.
For the purpose of this By-law, permitted dwelling types are classified as follows:
Dwelling, Accessory means a dwelling which is accessory to a use as specifically permitted
in this By-law.
Dwelling, Apartment means a dwelling containing 4 or more dwelling units, each of which
may have an independent entrance from a common corridor within the building.
Dwelling, Boarding or Lodging House means a dwelling in which the proprietor resides
and supplies lodging to 3 or more tenants, with or without meals, for monetary gain, but
which is not open to the general public. It does not include a motel, hotel, apartment dwelling,
nursing home, or group home.
Dwelling, Converted means a dwelling erected prior to January 1, 1972 which, because of
its design and size, has been or is capable of being altered or converted to provide two or
more dwelling units.
Dwelling, Duplex means a separate building of two or more stories divided horizontally into
not more than two (2) dwelling units, each of which is completely on a separate storey(s) with
an independent entrance either directly from the outside or through a common vestibule.
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(Amended by By-law Z307-2025)
Dwelling, Farm Worker Housing means a dwelling on a farm used for the purpose of
providing accommodation for employees of the farm, when the size and nature of the
operation requires additional employment.
Dwelling, Garden Suite means a one-unit detached residential structure containing
bathroom and kitchen facilities that is ancillary to an existing residential structure and that is
designed to be portable.
Dwelling, Group Home means a single-detached dwelling operated as a single
housekeeping unit for persons with special social, mental, or physical needs in which not
more than 10 persons, not including staff, reside under appropriate and responsible care and
supervision consistent with their needs, and provided the group home:
(a)
Is required to meet a local need;
(b)
Is licensed or approved by the Province of Ontario;
(c)
Is registered by the municipality;
(d)
Meets all other applicable requirements of this by-law and other municipal by-laws; and
(e)
Does not include a place of detention, correction or probation for persons with a criminal
history or record.
Amended by By-law No. Z149-2012
Dwelling, Modular means a prefabricated single detached dwelling designed to be
transported once only to a final location and is constructed so as the shortest side of such
dwelling is not less than 6.0 m in width.
Dwelling, Nursing Home means any premises maintained and operated for persons
requiring nursing care or in which such care is provided to two or more unrelated persons,
but does not include any premises falling under the jurisdiction of,
(a)
The Charitable Institutions Act,
(b)
The Child and Family Services Act,
(c)
The Homes for the Aged and Rest Homes Act,
(d)
The Mental Hospitals Act,
(e)
The Private Hospitals Act, or
(f)
The Public Hospitals Act.
Dwelling, Row or Townhouse means a separate building that has been divided vertically
into three (3) or more dwelling units each of which has a separate and independent entrance
and which are separated from the adjoining unit or units by a common unpierced wall with no
interior access between the units.
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Dwelling, Semi-Detached means a separate building containing two (2) dwelling units that are
divided vertically by a common unpierced wall extending from the foundation through to the
roof with no interior access between the units and where each unit has a separate
independent entrance directly from the outside.
Dwelling, Single-Detached means a separate building which contains one (1) dwelling unit
in which entrance is gained only by a private entrance directly from outside. Single-detached
dwellings shall not include a mobile home.
Dwelling, Senior Citizens means a dwelling used for the purpose of providing
accommodation and related facilities for persons of retirement age, and which is owned and
operated by a private or government authority, but does not include a nursing home or a
home for the aged.
Amended by By-law No. Z149-2012 & Z307-2025
Dwelling, Stacked Townhouse means a building that has been divided vertically and/or
horizontally into three or more dwelling units, each which has a separate and private
entrance.
Amended by By-law Nos. Z34-2002 and Z231-2019
Dwelling Unit means one or more habitable rooms occupied or capable of being occupied on
a permanent basis by one or more persons as an independent and separate housekeeping
unit in which kitchen and sanitary facilities and sleeping accommodation are provided
for the exclusive use of such person or persons. A Dwelling Unit shall not be used to define
a "Secondary Dwelling Unit".
Dwelling Unit Area means the habitable area contained within the inside walls of a dwelling
unit, excluding any private garage, carport, unfinished attic, cellar or sunroom (unless such
sunroom is habitable in all seasons of the year), and unenclosed porches and verandahs.
The area of any common or public halls, stairways, and the thickness of the outside walls
shall not be considered as dwelling unit area.
Added by By-law No. Z231-2019 & Z307-2025
Additional Residential Unit means a means a self-contained residential unit with kitchen
and bathroom facilities, that is accessory to a primary residential unit and has an independent
entrance directly to the outside or through a common vestibule.
Eating Establishment, Restaurant means a building or part thereof used for the serving of
food or refreshments to the public, with the serving and consumption of food or refreshments
taking place on the premises. A restaurant eating establishment shall include a café, cafeteria,
ice cream parlour, tea or lunch room, dairy bar, coffee shop, donut shop, or snack bar, but
does not include a drive-in eating establishment, a bed and breakfast establishment, a drive-
through eating establishment, or a take-out eating establishment as defined in this By-law.
Eating Establishment, Take-Out means a building or part thereof where food is offered for
sale or sold to the public from a counter area and/or through a delivery or pick-up window
within the building for consumption off of the premises of the establishment.
Municipality of West Perth - Zoning By-law
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Amended by By-law No. Z149-2012
Ecological Buffer means a combination of native trees, shrubs, grass or other plants, which
are intended to provide protection to wetlands, stream corridors and other important natural
features or functions. Within the ecological buffer, existing vegetation which is desirable, as
identified in an approved environmental study, will be maintained. Horticultural activities and
the placement or removal of fill shall not be permitted, except where it has been
recommended in an approved environmental study.
Amended by By-law No. Z34-2002
Erect when used in this By-law includes building, constructing, and reconstructing, and
without limiting the generality of the foregoing, also includes the following:
(a)
Any preliminary physical operation such as excavating, filling, or draining.
(b)
Altering any existing building or structure by an addition, enlargement, extension, or
other structural change.
(c)
The moving of any building or structure from one location to another.
(d)
Any work which requires a building permit under the Building By-law of the Corporation.
(e)
The words "erected" and "erection" shall have a corresponding meaning.
Existing means lawfully existing on the date of passing of this By-law.
Amended by By-law No. Z149-2012
Factory Outlet shall mean a building or part thereof accessory to, and clearly secondary to,
an industrial use or a service trade, wherein products manufactured, produced, processed or
stored on the premises are kept or displayed for wholesale or retail sale, or wherein orders are
taken for the delivery of such products.
Farm Produce Sales Outlet means a fruit, vegetable, flower, or farm produce stand used for
the sale of agricultural produce.
Farm Use means the use of a parcel of land for the purpose of agriculture having a lot area of
not less than 22 hectares.
Farm Vacation Establishment means a Bed and Breakfast Establishment as defined by this
by-law, as well as vacation activities involving the day to day operation of the farm property.
Amended by By-law No. Z149-2012
Fence means an assembly of approved materials including a wall (other than the wall of a
building), gate or other barrier which separates or purports to separate lands and which is
continuous throughout the entire length where required in accordance with the provisions of
the Fence By-law.
Amended by By-law No. Z149-2012
Financial Institution means an establishment chartered by the Federal or Provincial
Government where money is deposited, kept, exchanged and lent and where monetary and
fiscal advice and other financial services may be offered.
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Amended by By-law No. Z149-2012
Finished Grade Level means the average elevation of the finished surface of the ground
adjoining the base of a building or structure. In the case where the Finished Grade Level
needs to be determined on one side of a building or structure, the elevation at the point of
intersection of the building or structure with the ground at each corner of the side shall be
used for elevation.
Amended by By-law No. Z98-2007
Floor Area, Ground means the floor area of the lowest storey of a building or structure,
approximately at or first above the finished grade level, measured between the exterior faces
of the exterior walls of the building or structure. In the case of a dwelling, the floor area of any
private garage or carport, porch, verandah, or sunroom (unless such sunroom is habitable in
all seasons of the year) shall not be included in the calculation of ground floor area.
Floor Area, Gross means the sum total of the gross horizontal areas of the several stories of
a building or other structures on a lot measured from the exterior faces of the exterior walls of
the building or structure at the floor level of each storey or from the centre line of a common
wall separating two buildings or other structures, and basement floor area but excludes the
floor area of a cellar or areas used for parking and loading within the building or structure.
Amended by By-law No. Z149-2012
Floor Area Ratio means the gross floor area divided by the area of the lot expressed in a
ratio of gross floor area to one m2 of lot area. The floor area ratio in each zone shall be
deemed to apply only to that portion of such lot which is located within that zone.
Amended by By-law No. Z34-2002
Forestry means the management of trees, woodlots and forests for the sustainable
production and harvesting of wood and wood products, and subject to the Perth County Tree
By-law
Amended by By-law No. Z149-2012
Florist Shop means a retail store that arranges flowers and plants for retail sale and may
include ancillary items such as vases, balloons, cards and other ceremonial ornaments.
Amended by By-law No. Z149-2012
Fuel Pump Island means that portion of an automobile service station, public garage or
portion of a non-residential use for the retail sale of automotive fuels, that includes the fuel
pumps, concrete base, overhead canopy and kiosk, but shall not include any part of any
building for the repair or service of vehicles.
Amended by By-law No. Z149-2012
Funeral Home means a building or part thereof wherein a licensed undertaker prepares
corpses for interment and may include an area for memorial services.
Amended by By-law No. Z34-2002
Garage, Attached means a private garage located on the same lot as a dwelling, attached to
that dwelling by a common wall and/or common roof structure, and which is designed for the
sheltering of private passenger motor vehicles of the occupants of the dwelling and the storage
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22 | P a g e
of household equipment. An attached garage does not include a carport. No facilities for the
repairing or servicing of motor vehicles for remuneration or for commercial use shall be
permitted in an attached garage. For the purpose of determining front yard, rear yard, and
side yard setbacks, a detached garage shall be considered as part of the main building.
Garage, Detached means a private garage which is accessory to a permitted dwelling,
located on the same lot as the dwelling, is a separate building that is fully enclosed, and
which is designed for the sheltering of private passenger motor vehicles of the occupants of
the dwelling and the storage of household equipment. A detached garage does not include a
detached carport. No facilities for the repairing or servicing of motor vehicles for
remuneration or for commercial use shall be permitted in a detached garage. For the purpose
of determining front yard, rear yard, and side yard setbacks, a detached garage shall be
considered an accessory building and subject to the provisions of Section 5.1 of this By-law.
Garage, Public Works means a municipal or Provincial facility used for the storage and
servicing of road construction and maintenance equipment and materials.
Gate House means a building in a non- residential zone used for sheltering security personnel
and/or equipment having a gross floor area of less than 8 m2.
Golf Course means an area for the purpose of playing golf and includes a driving range, and
associated recreational uses such as a club house and tennis courts.
Golf Course, Miniature means an area for the purpose of playing miniature golf, and
associated facilities such as equipment rental building and refreshment stand.
Amended by By-law No. Z149-2012
Government Administrative Office means a building or part thereof used in which the
managerial functions of the Municipality, County, Province, Government of Canada, or their
agencies, brokers, or organizations are carried out and includes a service office, support
offices, financial or general offices.
Greenhouse, Commercial means a building or structure used for the growing of flowers,
plants, shrubs, trees, and similar vegetation which are not necessarily transplanted outdoors
on the same lot containing such greenhouse, but are sold directly from such lot at wholesale
or retail.
Habitable Room means any room within a dwelling unit used or capable of being used for
living, eating, and sleeping, but excluding a cellar or any portion thereof, bathroom, toilet
room, serving or storage pantry, laundry area, and corridor.
Amended by By-law No. Z149-2012
Hiking Trail means the part of a park that has been blazed for the purpose of walking by the
public, and is not used for motor vehicles, bicycles, in-line skates, and motorized snow or all-
terrain vehicles.
Amended by By-law No. Z149-2012
Home Decorating Store means a retail store devoted to the sale of goods and materials
required for decorating the interior of a home or office, including floor, wall and window
Municipality of West Perth - Zoning By-law
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coverings, lighting fixtures, bathroom or kitchen fixtures and accessories.
Amended by By-law No. Z149-2012
Home Improvement Store means a retail store devoted to the sale of goods or materials
required for the construction or alteration of buildings, including such merchandise as wall
panelling, wood products, sheet glass products, windows and mirrors, floor, wall and ceiling
tiles, paint and wallpaper, bathroom and kitchen cupboards and fixtures, landscaping
materials and similar goods. Open storage may be permitted as an accessory use.
Amended by By-law No. Z149-2012
Home Occupation means an occupation and/or a profession conducted entirely within a dwelling unit
and subject to the following criteria:
(a)
Such home occupation must be clearly secondary to the main use of the dwelling for
residential purposes.
(b)
(a.1) A home occupation shall include but not be limited to an office or consulting room
for a professional person or agent; an office for a trade such as a builder, a plumber, an
electrician; an office for a charitable organization; a workroom for a dressmaker or a
tailor; hairdresser/barber; dog groomer; a studio for a teacher of music, art, or academic
subjects, a photographer or a commercial artist; and any other use of a similar nature
which satisfies all of the criteria of this Section of the By- law; but shall not include a
kennel, a boarding house, a clinic, a retail store, or any workshop, or plant for any trade.
(c)
Such home occupation must not change the character of the dwelling as a private
residence.
(d)
Such home occupation shall be conducted only by a person(s) residing in the dwelling.
(e)
There shall be no external evidence of the home occupation from outside of the dwelling,
including window displays, with the exception of a single sign measuring not greater than
0.2 m2 in area and placed in accordance with the Corporation's sign By-law.
(f)
There shall be no external display or storage of goods, materials, wares or merchandise
on the lot on which the dwelling containing the home occupation is located.
(g)
No external alteration of the dwelling shall be permitted so as to accommodate a home
occupation, such as the inclusion of any specialized structure, ramps, or
oversize doorways which will tend to change the character of the dwelling as a private
residence.
(h)
Such home occupation shall not create nor become a nuisance or hazard to neighbours
by reason of noise, vibration, dust, smoke, fumes, odour, heat, debris, refuse, fire,
lighting interference, hours of operation, traffic, or parking.
(i)
Not more than one home occupation is permitted in a dwelling unit and no home
occupation shall occupy more than 25.0 m2 of floor area or 25 % of the gross floor area
of the dwelling (excluding an attached garage), whichever is lesser. The area of the
dwelling not being used for home occupation must comply with the applicable floor area
requirements of this By-law.
Municipality of West Perth - Zoning By-law
24 | P a g e
(j)
No home occupation shall be carried on in an accessory building or structure or in an
attached garage.
(k)
Such home occupation shall meet all of the applicable requirements of this By-law,
including parking requirements.
Hospital means any institution, building or other premises or place established for the
treatment of persons afflicted with or suffering from sickness, disease or injury, or for the
treatment of convalescent or chronically ill persons that is approved under the Hospital Act as
a public hospital.
Hospital, Private means a house in which four or more patients are or may be admitted for
treatment, other than:
(a)
A hospital or other establishment or institution supported in whole or in part by provincial
aid.
(b)
An institution for the reclamation and cure of habitual drunkards established under the
Municipal Act.
(c)
A children's residence licensed under Part IX (Licensing) of the Child and Family
Services Act.
(d)
A lodging house licensed under a municipal by-law.
Hotel means any hotel, tavern, inn, or public house in a building or buildings which is used
principally for the purpose of catering to the needs of the public by supplying food and
furnishing sleeping accommodation of not less than six (6) bedrooms, and shall include a
hotel within the meaning of the Liquor License Act, but does not include a boarding house
dwelling or a motel.
Industrial Mall means a building or group of buildings designed, developed, owned, and
managed as a unit containing three or more separated spaces for lease or occupancy by
industrial uses as permitted by this By-law.
Industrial Use means the use of any land, buildings, or structures designed, used, or
intended for the purpose of manufacturing, assembling, processing, constructing, printing,
preparing, finishing, treating, repairing, shipping, wholesaling, storing, or warehousing any
goods, substances, articles, or things.
Amended by By-law No. Z98-2007
Institutional Use means the use of any land, buildings, or structures for some public
purpose and may include any governmental, religious, educational, charitable, hospital, or
other similar uses.
Amended by By-law No. Z149-2012
Kennel means a place, building, or confine where purebred dogs are bred and raised and
registered in the register for the Canadian Kennel Club Incorporated.
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Landscaped Open Space means open space comprised of lawn and/or ornamental shrubs,
flowers, and trees any may include space occupied by paths, walks, courts, and patios, but
shall not include any parking area, traffic aisles, driveways, or ramps.
Amended by By-law No. Z149-2012
Landscape Supply Outlet means the use of land, buildings or structures or part thereof
where soil and other similar landscape materials are offered for sale on a retail or wholesale
basis.
Amended by By-law No. Z149-2012
Lane means a walkway, emergency access or any other passageway or right-of- way, open
from ground to sky, not constituting a street but laid down and dedicated to public use, as a
right-of-way for use in common by adjacent landowners.
Amended by By-law No. Z149-2012
Library means a building or part thereof used for the public display and lending of books,
magazines, audio visual materials to the public, which is operated by the Municipality of West
Perth Library Board.
Amended by By-law No. Z149-2012
Liquor, Beer and Wine Store means a retail store devoted to the sale of spirits, beer and/or
wine.
Amended by By-law No. Z98-2007
Livestock means dairy, beef, swine, poultry, horses, goats, sheep, ratites, fur- bearing
animals, deer and elk, game animals, birds, and other animals identified in Table 1 of the
Minimum Distance Separation formulae, but does not include domestic pets.
Amended by By-law No. Z98-2007
Livestock Facility means one or more barns or structures with livestock- occupied portions,
intended for keeping or housing livestock. A livestock facility also includes all manure or
material storages and anaerobic digesters.
Amended by By-law No. Z98-2007
Livestock Facility, Expanded means 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.
Amended by By-law No. Z98-2007
Livestock Facility, First means 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.
Amended by By-law No. Z98-2007
Livestock Facility, Housing Capacity means the maximum livestock capacity for all facilities
on a lot at any time, even if currently empty but able to house livestock.
Loading Space means an off-street area for the temporary parking of a commercial vehicle
while loading and unloading merchandise or materials.
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Lot means:
(a)
A parcel of land or contiguous parcels of land under one ownership, having frontage on
a public street and which is described in a deed or other document legally capable of
conveying an interest in land and which is on record in the Land Registry Office No. 44;
or
(b)
A parcel of land shown as a whole lot or block on a registered plan of subdivision within
the meaning of the Planning Act, but a registered plan of subdivision for the purpose 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 by the Council pursuant
to the Planning Act.
For the purpose of this definition, 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 had been conveyed to or acquired by the Corporation,
Her Majesty in Right of Ontario, or Her Majesty in Right of Canada.
Lot Area means the total horizontal area within the boundary lines of a lot.
Lot, Corner means:
(a)
A lot situated at the intersection of two or more streets, or a lot abutting on one or more
parts of the same street, in which an interior angle of less than 135 degrees is contained,
between the front and side lot lines abutted by the said street or streets; or
(b)
A lot located on the curve of a street where the angle of intersection of the projection of
the tangents of the street line does not exceed 135 degrees and for which the corner of
the lot shall be deemed to be the corner point of that part of the arc of the street line
upon which the lot abuts.
Amended by By-law No. Z149-2012
Lot Coverage means the area of a lot covered by buildings and structures, excluding
overhanging structures which do not project more than 1.0 metre from the main wall, and
excluding:
(a)
Uncovered swimming pools;
(b)
Decks which are 0.2 m or less above the average grade; and
(c)
Accessory buildings which are less than 10 m2.
Lot Depth means the horizontal distance between the front and rear lot lines of a lot. Where
these lines are not parallel, the lot depth shall be determined by calculating the length of a
straight line joining the midpoints of the front and rear lot lines. Where there is no rear lot line,
the lot depth shall be determined by calculating the length of a straight line joining the
midpoint of the front lot line with the apex of the triangle formed by the intersection of the side
lot lines.
Lot Frontage means the horizontal distance between the side lot lines of a lot measured
along the front lot line of said lot. 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 determined by measuring the length of a line
that is parallel to and located back the required front yard distance of the zone classification
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from the cord of the lot frontage established by joining the two points where the side lot lines
intersect the front lot line.
Lot, Interior means a lot other than a corner lot.
Amended by By-law No. Z149-2012
Lot Line means any boundary of a lot or the vertical projection thereof.
Internal lot lines created by:
(a)
A registration of a plan of condominium; or
(b)
A plan or plans of condominium registered on all or a portion of a lot which is part of a
comprehensively planned development subject to a Development Agreement pursuant
to Section 41 of the Planning Act; shall not be construed to be lot lines for the purposes
of zoning regulations provided that all applicable regulations of this by-law relative to the
whole lot and its external lot lines, existing prior to any condominium plan registration
are strictly observed.
Lot Line, Front means in the case of:
(a)
An interior lot, the lot line that abuts the street;
(b)
A corner lot, the shorter lot line abutting the street shall be the front lot line and the longer
lot line abutting the street shall be the exterior side lot line.
i.
Where the lot lines abutting the street are of equal length, the lot line that abuts
the street governed by the government with the higher jurisdiction shall be the
front lot line while the other lot line shall be the exterior side lot line.
ii.
Where the lot lines abutting the street are of equal length and the abutting streets
are under the same jurisdiction, the lot line over which the principal means of
access to the lot is obtained shall be the front lot line while the other lot line shall
be the exterior side lot line.
Lot Line, Rear means the lot line farthest from and opposite to the front lot line.
Lot Line, Side means a lot line other than a front or rear lot line. For the purpose of this By-
law, there shall be two types of side lot lines which are classified as follows:
(a)
Lot Line, Exterior Side means a side lot line that abuts a street or a reserve.
(b)
Lot Line, Interior Side means a side lot line that abuts a neighbouring lot, block, or parcel
of land.
Amended by By-law No. Z98-2007
Lot of Record means a lot or parcel of land that can legally be conveyed and which was
legally created prior to the passing of this By-law. Subject to the above, a lot of record shall
include only the following:
(a)
A lot or block shown on a registered plan of subdivision;
(b)
A lot or parcel of land created by consent in accordance with the provisions of the
Planning Act, or
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(c)
Any other separate and distinct land holding, the deed to which is registered in the Land
Registry Office No. 44
For the purpose of this definition, lots of record shall not include those lots on a registered
plan of subdivision which has been deemed not to be a registered plan of subdivision in a by-
law passed by the Council pursuant to the Planning Act.
Lot, Through means a lot bounded on two opposite sides by streets. Where a lot qualifies as
being both a corner lot and a through lot such lot shall be conclusively deemed to be a corner
lot.
Main Wall means the exterior front, side, or rear wall of a building, and all structural
members that are essential to the support of a roof or fully enclosed space.
Amended by By-law No. Z149-2012
Manufacturing and Assembly Industry means a building or part thereof used for a broad
range of manufacturing, fabricating and assembly industries, including processing ancillary to
the permitted manufacturing and assembly uses and includes household waste recycling
depots, but excludes primary paper products industries, primary metals industries, waste
treatment industries, armaments, munitions and explosive manufacturing industries, and any
obnoxious use.
Medical Clinic means a building where members of the medical profession such as
physicians, dentists, chiropractors, drugless practitioners, or occupational therapists and their
staff provide diagnosis and treatment to the general public without overnight accommodation.
Without limiting the generality of the foregoing, a medical clinic may include administrative
offices, reception areas, examining and treatment rooms, x-ray facilities, and a dispensary
provided that such are part of or accessory to the medical clinic and provided that the only
access to such is from the interior of the building.
Amended by By-law No. Z98-2007
Minimum Distance Separation (MDS) means a tool to determine a required distance for new
development from existing livestock facilities as determined by the Minimum Distance
Separation (MDS) Formulae approved by the Province of Ontario, as amended from time to
time.
Amended by By-law No. Z98-2007
Minimum Distance Separation (MDS) I means a tool to determine a required distance for a
new or expanding livestock facility from an existing use or approved development area as
determined the Minimum Distance Separation (MDS) Formulae approved by the Province of
Ontario, as amended from time to time.
(Amended by By-law Z307-2025)
Mobile Home means any dwelling unit designed, built and/or manufactured to be made
mobile for the purpose of providing a residence, for one or more persons and constructed in
accordance with the Requirements for a Mobile Home, CAN/CSA-Z240, in the applicable
section of the Ontario Building Code, to the satisfaction of the Chief Building Official.
Mobile / Modular Home Community means a lot, cared for, and managed by a community
Municipality of West Perth - Zoning By-law
29 | P a g e
operator, where individual sites for locating mobile / modular homes or single-detached
dwellings are rented or leased and where ownership and responsibility for the maintenance
and development of the site facilities, including underground services (e.g. water supply,
sanitary sewers, storm sewers), access roads, communal areas and buildings, together with
general community management (e.g. snow clearing and removal, garbage or waste
collection), rests with the land lease community operator(s).
Mobile / Modular Home Site means an area of land described on a reference plan located
within a land lease community used for the placement of a mobile / modular home or a single-
detached dwelling.
Amended by By-law No. Z149-2012
Model Home means a dwelling which is not occupied for human habitation but is used for the
purpose of display to the public and where a portion of this dwelling may be used as a sales
office for the dwelling units to be constructed on lots within a plan of subdivision/condominium.
Motel means a building or group of two or more detached buildings designed and used for the
purpose of catering to the travelling public by furnishing sleeping accommodation of not less
than six (6) bedroom units and may include living accommodation for permanent staff, dining,
dancing, convention, and other public rooms licensed under the Liquor License Act, as
amended, parking facilities, and recreational facilities. Each bedroom unit must be capable of
being entered directly from the exterior of the building. A motel shall not include a boarding or
lodging house dwelling or a hotel.
Motor Home/Travel Trailer means a self-propelled vehicle or any unit suitable for
attachment to a motor vehicle for towing and capable of being used for temporary living,
sleeping, and eating accommodation, and shall not include a mobile / modular home.
Motor Vehicle means an automobile, truck, motorcycle, motorized snow vehicle, and
motorized all-terrain vehicle, but does not include cars or engines running on railway tracks,
farm tractor, or self-propelled farm machinery or road building equipment.
Amended by By-law No. Z149-2012
Multi-Use Pathways means that part of a park that has been improved with a hard surface
and intended for a variety of uses including pedestrians, in-line skating and vehicles,
excluding motor vehicles, horses and horse drawn conveyances of any sort and motorized
snow or all-terrain vehicles.
Municipal Drain means a watercourse or sewer which carries storm surface water and
drainage and includes a storm sewer, but does not include a sanitary sewer.
Amended by By-law No. Z149-2012
Mutual Driveway means an ingress or egress that is common to two or more owners of
abutting lands as a right-of-way registered against the title of the lands.
Non-Complying means an existing use, building, or structure permitted by the permitted use
provisions of the zone in which such use, building, or structure is located, but which does not
meet one or more of the zone provisions with respect to lot area, lot frontage, yards, parking,
or other provisions applicable to such zone.
Municipality of West Perth - Zoning By-law
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Non-Conforming means an existing use, building, or structure not permitted by the
permitted use provisions of the zone in which such use, building, or structure is located.
Nursery School means a day nursery within the meaning of the Day Nurseries Act.
Amended by By-law No. Z98-2007
Nutrient Unit (NU) means the 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) and as provided
by the Minimum Distance Separation (MDS) Formulae approved by the Province of Ontario,
as amended from time to time.
Amended by By-law No. Z149-2012
Office means a building, or part thereof, containing one or more offices including
professional or service offices and all other forms of offices except medical/dental offices.
Amended by By-law No. Z149-2012
Office, Business means a building or part thereof in which the administrative functions of
agencies, foundations, brokers, labour or fraternal organizations are carried out and includes
a service office, but does not include medical/dental offices, professional offices, support
offices, financial or general offices.
Amended by By-law No. Z149-2012
Office, Medical/Dental means an office or offices in which the practice of the professions of
medicine, psychiatry, dentistry or optometry is carried on or in which the treatment by
osteopathy or chiropractic is carried out.
Amended by By-law No. Z149-2012
Office, Service means a building, or part thereof, in which one or more persons is employed in
the management, direction or conducting of a travel agency, an insurance agency, or a real
estate agency or other similar use.
Amended by By-law No. Z149-2012
Office, Support means a building or part thereof in which technical or professional consulting
services are performed to serve industrial manufacturing, assembly, processing or repair
establishments, and includes the offices of an architect, a surveyor, an engineer, a business
machine servicing establishment and an industrial training facility for manufacturing,
assembly, processing or repair skills, but does not include a personal service establishment,
a lawyer's office, a chartered accountant's office, a clinic, a medical/dental office or an
animal hospital.
Amended by By-law No. Z149-2012
Open Space, Common means an outdoor space within a development, at grade level or
otherwise, which is designed and intended for the common use or enjoyment of the
occupants or users of the development, and may include a terrace, tot lot, swimming pool,
garden, games area, sitting area, arcade or other similar facility or area, and landscaped open
space areas having no dimension less than 3.0 m.
Municipality of West Perth - Zoning By-law
31 | P a g e
Open Storage means the uncovered storage of goods, material, merchandise, or equipment
in the open air and in unenclosed portions of buildings which are open to the air on the sides.
Outdoor Display and Sales Area means an area set aside out of doors, covered or
uncovered, to be used in conjunction with an established use located for the display or sale
of produce, goods or merchandise.
Park, Dog means an unlit outdoor enclosed recreational environment open to the general
public where dogs may exercise and play off-leash while supervised by their owners.
Park, Public means a recreational area owned and controlled by the Corporation or by any
board, commission or other authority established under any statute of the Province of Ontario,
or any religious, charitable, or philanthropic organizations.
Amended by By-law No. Z149-2012
Parking Area means an area or areas of land or a building or structure or part thereof which is
provided and maintained for the purpose of temporary parking or storing of motor vehicles
accessory to a permitted use.
Parking Driveway means an area of land used for access to a parking area.
Amended by By-law No. Z149-2012
Parking Lot, Accessory means a parking lot which is an open area, other than a street, used
for the temporary parking of two or more vehicles which is customarily incidental, subordinate
and exclusively devoted to the main use and carried on with such main use on the same lot.
Parking Lot, Commercial means a privately-owned parking area located on a lot which exists
as, a non-accessory use, separate and distinct from any building or structure for which the
provision of parking spaces is required, for profit or gain.
Parking Space means an area on a lot on which a licensed motor vehicle may be parked,
which area:
(a)
Is provided for the temporary parking or storage of one motor vehicle other than for the
purpose of offering commodities or goods for sale or display;
(b)
Is adequate for the temporary parking or storage of one motor vehicle and may be
located within a private garage, building, carport, or covered area; and
(c)
Has adequate access to permit ingress and egress of a motor vehicle from a street by
means of driveways, aisles, maneuvering areas or similar areas, no part of which access
is to be used as parking space as defined herein.
Amended by By-law No. Z149-2012
Parking Space, Angle means the orientation of a parking space in such a manner that the
side of the vehicle when parked is at an angle to the aisle or ramp, lane or street.
Amended by By-law No. Z149-2012
Parking Space, Parallel means the orientation of a parking space in such a manner that the
side of the vehicle when parked is parallel to the aisle, ramp, lane or street which gives direct
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32 | P a g e
access to such parking space.
Amended by By-law No. Z149-2012
Parking, Tandem means the arrangement of two parking spaces such that it is necessary to
traverse one space to gain vehicular access to the other from a public lane or street.
Amended by By-law No. Z149-2012
Passive Recreational Use means enjoyment of the natural environment through non-
intensive activities that cause minimal impact on the natural features and functions of an area
including trails, nature study, birdwatching, outdoor education and associated facilities, but do
not include recreational buildings, sports fields or golf courses.
Amended by By-law No. Z149-2012
Patio means an area or areas of land located out of doors, covered or uncovered where the
earth has been covered with a hard surface such and stone or brick situated no more than 20
centim above grade level used as an accessory amenity area. For the purposes of this by-law
a patio as described herein shall be considered landscaping and shall not contribute to lot
coverage.
Permitted means permitted in accordance with the provisions of this By-law.
Person means an individual, association, firm, partnership, incorporated company,
corporation, agent, trustee, and their heirs, executors, or other legal representatives of a
person to whom the context of this By-law can apply according to law.
Personal Service Shop means a building or part thereof in which persons are employed for
the purpose of providing service and otherwise administering to the individual and personal
needs of persons and shall include such uses as a barber shop, a hair dressing shop, a
beauty parlour, a dressmaking or tailor shop, a shoe repair shop, a watch and jewelry repair
shop, a sun tanning shop, or other similar uses. General retail is not permitted and any sale
of merchandise from a personal service shop must be accessory to and associated with the
personal services provided in that shop.
Amended by By-law No. Z149-2012
Pet Hotel means an establishment where the care of not more than 50 domestic animals, not
including livestock, is provided for gain and includes such activates as boarding, grooming,
and walking, where the stay must include overnight accommodations, and where breeding is
prohibited.
Amended by By-law No. Z149-2012
Pharmacy means a retail store that dispenses prescription drugs and which sells, among other
things, non-prescription medicines, health and beauty products, and associated sundry items.
Pit means a place where unconsolidated gravel, 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, industry, or manufacturing, but does not include a wayside pit defined in this By-
law or the removal of material associated with excavation necessary for the erection of
buildings or structures or associated with excavation necessary for the construction of roads.
Municipality of West Perth - Zoning By-law
33 | P a g e
Pit, Wayside - see Wayside Pit Aggregate Operation.
Amended by By-law No. Z149-2012
Place of Entertainment means a building, or part thereof, used for the general purpose of
providing entertainment and includes cinemas, theatres, art galleries, commercial recreation
establishments, auditoriums and all other places of amusement, but excludes amusement
game establishments.
Planting Strip means an area of land which shall be used for no other purpose than the
planting of a row of trees or a continuous unpierced hedgerow of evergreens or shrubs.
Amended by By-law No. Z105-2008
Point of Reception is a definition used by the Ontario Ministry of the Environment in
assessing applications for a Certificate of Approval for wind energy generating systems. A
point of reception includes the following structures/uses on separately titled lots: permanent or
seasonal residences, hotels/motels, nursing/retirement homes, rental residences, hospitals,
camp grounds, or noise sensitive buildings such as schools and places of worship.
Amended by By-law No. Z149-2012
Pool Mechanical Equipment means the mechanical/operational components of a swimming
pool which includes but shall not be limited to the pump, heater/furnace and filter.
Amended by By-law No. Z149-2012
Porch shall mean a roofed open gallery or unenclosed portico attached to the exterior of a
building.
Portable Asphalt Plant means a temporary plant opened and used by a public road authority
for the purpose of a particular project or contract of road construction and are subject to the
following criteria
(a)
A certificate of approval for each plant must be obtained from the Ministry of
Environment;
(b)
Each plant shall comply with the minimum separation distances established by the MOE;
(c)
Plant sites shall not be permitted in natural
environment or
environmentally
sensitive areas within the "Agriculture" designation in the County of Perth Official Plan;
(d)
Sites having previously been in agricultural use shall be rehabilitated back to their former
agricultural use
(e)
Each plant shall be removed from the site upon completion of the public project; and
(f)
Prior to locating a portable asphalt plant on productive agricultural land, consideration
shall be given to the use of existing asphalt plants in the area, locating the portable
asphalt plant in a licensed pit or a wayside pit, and locating the plant on lesser quality or
inactive agricultural lands.
Primary Residential Unit means the primary residential unit in a detached house, semi-
detached house or rowhouse where the house is situated on a parcel of land containing an
Municipality of West Perth - Zoning By-law
34 | P a g e
additional residential unit.
Public Building means a building or structure owned or leased and occupied by the
Corporation, the County, the Province of Ontario, or the Government of Canada.
Public Library means a public library within the meaning of the Public Libraries Act.
Public Utility means a waterworks, gasworks, including works for the transmission,
distribution and supply of natural gas, electrical power or energy works, or system for the
generation, transmission or distribution of electric light, heat or power, a telephone system, a
street or other railway system, a bus or other public transportation system or any other works
or system for supplying the inhabitants generally with necessaries or conveniences that are
vested in or owned, controlled or operated by a municipality or municipalities or by a local
board.
Pump Island means that portion of a commercial or industrial use which is used for the
dispensing of automotive fuels, which include the fuel pumps, concrete base, overhead
canopy, and kiosk.
Amended by By-law No. Z149-2012
Railway Lines means an area of land, a portion of which is covered by a system of tracks,
that provides for the movement and making up of trains and includes ancillary structures such
as stations, offices, wheel houses, towers, repair and storage buildings.
Amended by By-law No. Z149-2012
Recreation or Community Centre means a public building used for recreation or social
activities, meetings or other leisure activities.
Recreational Trail means a non- commercial, travelled path for outdoor activities such as
hiking, cycling, cross- country skiing, and snowmobiling but shall not include any track, trail,
course or circuit for: racing motorized vehicles such as motorcycles or snowmobiles; the use
of automobiles or trucks; the use of motorized go-carts; the use of motorized scale model
vehicles.
Recreational Use means the use of land or buildings for such uses as public parks,
playgrounds, playing fields, tennis courts, lawn bowling greens, indoor and outdoor skating
rinks, golf courses, recreational trails, picnic areas, swimming pools, wading pools, day
camps, bleachers, bandstands, skiing, fishing, and similar uses, together with any necessary
and accessory buildings and structures, but does not include hunting or a track for the racing of
animals, motor vehicles, snowmobiles, motorcycles, go-carts, or all-terrain vehicles.
Recreational Use, Commercial means the commercial use of land, buildings or structures
for the purpose of recreation or entertainment and shall include a cinema, bowling alley,
billiard hall, fitness or health club, or other similar uses.
Recreation Vehicle means a vehicle which provides sleeping and other facilities for short
periods of time, while traveling or vacationing, designed to be towed behind a motor vehicle,
or self-propelled, and includes such vehicles commonly known as travel trailers, camper
trailers, pick-up coaches, motorized campers, motorized homes or other similar vehicles.
Municipality of West Perth - Zoning By-law
35 | P a g e
Recycling Depot means land, building, or structure used for the collection and/or storage of
materials such as cardboard, newspaper, fine paper, glass bottles, cans, and plastic
containers for recycling purposes.
Amended by By-law No. Z149-2012
Renovation means the restoration or reconstruction of buildings, structures or parts thereof
to modern building standards without the removal of the building or structures from the lot.
Amended by By-law No. Z149-2012
Rental Shop means a business where residential, commercial, and industrial equipment is
kept for rental to the general public and includes such things as lawn and garden tools, floor
cleaning equipment, masonry tools, painting and decorating equipment, moving tools,
plumbing tools, and power tools.
Repair Shop means a business engaged in the maintaining and repairing articles, machinery
and equipment for household or personal use such as appliances, air conditioners, clocks,
watches, jewelry, and furniture.
Repair Shop, Small Engine means a business engaged in the maintaining and repairing
articles, machinery and equipment for household or personal use such as lawnmowers,
garden tractors, snow blowers, generators, appliances, but does not include the repair or
service of automobiles, snowmobiles, all-terrain vehicles or other similar types of recreational
vehicles.
Reserve means a parcel of land, usually 0.3 m in width, located between a lot line and the
street line used to restrict access to the street from the lot or to the lot from the street. For the
purpose of determine yard requirements, a reserve shall be considered part of the street.
Amended by By-law No. Z149-2012
Resource Extraction Operation means a place where gravel, rock, 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 purposes, and includes a pit or
wayside pit as the main uses and may include an aggregate storage area, asphalt batching
plant, portable asphalt plant, concrete batching plant or crushing plant.
Retail Store means a building or part thereof in which goods, merchandise, products, wares,
articles or things are offered or kept for sale directly to the public, but does not include any
manufacturing, processing, assembly, or construction use.
Amended by By-law No. Z149-2012
Road, Private means a private right- of-way over private property that is a commonly owned
and/or shared access to abutting lots that is privately maintained and is not a public highway
as defined by the Municipal Act.
Salvage or Wrecking Yard means a lot, building, and/or structures used for the storage,
handling, salvage, dismantling, reclaiming, and/or sale of scrap or used materials, and
without limiting the generality of the foregoing, shall include waste paper, rags, wood, bottles,
vehicles, tires, metal, and/or other scrap material and it shall include establishments such as a
Municipality of West Perth - Zoning By-law
36 | P a g e
junk yard, a scrap metal yard, and an automotive wrecking yard.
Satellite Dish means a parabolic or spherical antenna which receives television or microwave
transmissions or other signals.
School means,
(a)
The body of public-school pupils or separate school pupils or secondary school pupils
that is organized as a unit for educational purposes under the jurisdiction of the
appropriate board, or
(b)
The body of pupils enrolled in any of the elementary or secondary school courses of
study in an educational institution operated by the Government of Ontario, and includes
the teachers and other staff members associated with such unit or institution and the
lands and premises used in connection therewith.
School, Private means an institution at which instruction is provided for five or more pupils
who are of or over compulsory school age in any of the subjects of the elementary or
secondary school courses of study and that is not a school as defined in this section.
School, Commercial means a school other than an academic school where instruction is
given for hire or gain and without limiting the generality of the foregoing may include the studio
of a dance teacher, an art school, business or trade school.
Secondary Farm Occupation means an occupation and/or a profession conducted on a farm as part of
the farm unit and such secondary farm occupation shall:
(a)
Be conducted only by residents of the farm who are involved in conducting the farming
operation on a day-to-day basis and not more than one employee from off of the farm;
(b)
Be limited to those uses involved in the manufacture or fabrication of goods, small-scale
food processing operations, trades occupations (such as an electrician, plumber,
carpenter, small engine repair, welder), and occupations which are primarily and directly
related to agriculture and farming;
(c)
Not result in the loss of good and/or productive farm land; not occupy building area that
is necessary for or essential to the farming operation; and in no way impede or interfere
with the ability of the farmer to conduct the farming operation;
(d)
Be conducted inside of buildings and/or structures and not occupy more than 186 m2
total floor area; not include any outdoor storage exceeding 2000 m2 in area, provided
such outdoor storage is abutting the building containing the secondary farm occupation
and is maintained in a neat and orderly fashion;
Amended by By-law No. Z98-2007
(e)
Be accommodated in buildings and structures which are capable of being
converted/reverted to a farming use that is appropriate for the farm property at such time
that the secondary farm occupation ceases to exist, and which are located in proximity
to the principal farm buildings (i.e. farm dwelling and livestock facilities);
(f)
Be small scale and clearly secondary to the principal use of the farm for farming
Municipality of West Perth - Zoning By-law
37 | P a g e
purposes, not be separate or independent from the farm operation, and be located on
the same farm therewith;
(g)
Be accessed by a driveway which serves the farm unit, and not accessed by a separate
driveway serving only the secondary farm occupation;
(h)
Not require municipal water or sewer services; and require the approval of the
appropriate authority for the method of water supply and waste disposal, if such approval
is required
(i)
Be limited to not more than one secondary farm occupation use per farm lot; and
Amended by By-law No. Z98-2007
(j)
The requirements of Section 3.135 shall apply, with necessary modifications, to permit a
trades occupation (such as an electrician, plumber, carpenter, welder, painter) to be
conducted accessory to an existing non-farm dwelling in the "Agricultural Zone (A)".
However, no outdoor storage is permitted where the lot area of the existing non-farm
dwelling use is less than 1.0 ha. All other requirements of Section 3.135 (a) through (i)
shall apply with the necessary modifications for a non-farm lot.
Amended by By-law No. Z149-2012
Self-Storage Establishment means a building or buildings consisting of individual storage units
accessible by the user, used for the storage of goods, wares, merchandise, foodstuffs,
substances, articles or things, but does not include a fuel storage tank except as an
accessory use.
Amended by By-law No. Z149-2012
Service Commercial Centre means a building or buildings containing two or more different
permitted commercial uses, which is designed and which functions as a unit in relation to its
siting, vehicular access and off- street parking, but not having more than 30 % (30%) of its
gross floor area devoted to all restaurant uses.
Shopping Centre means a group of commercial establishments designed, developed, owned,
and managed as a unit containing three or more separated spaces for lease or occupancy by
commercial uses or business or professional offices, providing common open spaces, on-site
parking areas, loading areas, driveways, and other shared facilities, and which may be held in
a single ownership or by participants in a condominium corporation.
Sign means a name, identification description, device, display, or illustration which is affixed
to, or represented directly upon a building, structure, or lot and which directs attention to an
object, product place, activity, person, institution, organization, or business.
Amended by By-law No. Z149-2012
Species, Endangered means any native species that, on the basis of the best available
scientific evidence, is at risk of extinction or extirpation throughout all or a significant portion
of its (Ontario) range.
Amended by By-law No. Z149-2012
Species, Threatened means any native species that, on the basis of the best available
Municipality of West Perth - Zoning By-law
38 | P a g e
scientific evidence, is at risk of becoming endangered throughout all of a significant portion of
its (Ontario) range.
Amended by By-law No. Z149-2012
Species, Vulnerable or Species at Risk means any native species that, on the basis of the
best available scientific evidence, is a species of special concern (in Ontario), but is not a
threatened or endangered species.
Storey, means that portion of a building, other than an attic, basement, or cellar, which is
situated between any floor and the ceiling or roof next above it.
Street, Road or Highway (Private) means a road which has not been assumed by the
Corporation, the County or the Province and shall include the principle means of access to
any mobile / modular home site.
Street, Road or Highway (Public) means a road which has been assumed by the
Corporation, the County, or the Ministry of Transportation for Ontario and shall include such
public road, street, or highway as affords the principal means of access to any lots that abut
thereon, but does not include a lane or private right-of-way. For the purpose of determining
yards, an unopened road allowance shall be considered a road, street, or highway (public).
Streetline means the line that divides the lot from the street.
Structure means anything that is constructed of one or more parts, whether permanent or
temporary, and which is fixed to or supported by the soil or an attachment to something
having a location on the ground, but does not include a boundary wall, fence, retaining wall,
hedge or other planting, light standard, sign, patio stones or other hard surface at grade level
for people or vehicles, weigh scale or tombstone.
Amended by By-law No. Z149-2012
Supermarket means a retail store devoted to the sale of food and associated small
household items.
Swimming Pool means any body of water with a depth greater than 0.4m located indoors or
outdoors which is contained by artificial means, and used and maintained for the purpose of
swimming, wading, or diving, but shall not include a water storage tank.
Amended by By-law No. Z149-2012
Taxi Stand and Office means a property, site or building used as a dispatch office or an
area, site or location intended for the parking of taxis and/or limousines when not engaged in
transporting persons or goods.
Amended by By-law No. Z149-2012
Temporary Use By-law means a use that is authorized by By-law passed under the
provisions of Section 38 of the Planning Act, R.S.O. 1990.
Tourist Establishment means any premises operated to provide sleeping accommodation
for the travelling public or sleeping accommodation for the use of the public engaging in
recreational activities, and includes the services and facilities in connection with which
Municipality of West Perth - Zoning By-law
39 | P a g e
sleeping accommodation is provided, but does not include,
(a)
A camp operated by a charitable corporation approved under the Charitable Institutions
Act, or
(b)
A summer camp within the meaning of the regulations made under the Health Protection
and Promotion Act, or
(c)
A club owned by its members and operated without profit or gain.
Trailer means a trailer within the meaning of the Highway Traffic Act. A trailer shall not be
considered to include a mobile home.
Transportation Terminal means a building, structure, or place where licensed buses,
licensed trucks, and/or licensed tractor trailers are rented, leased, repaired, loaded/unloaded,
kept for hire or stored/parked for remuneration or from which such buses, trucks, and/or tractor
trailers are dispatched as common carriers or where goods are stored temporarily for further
shipment.
Travel Trailer / Motor Home Campground means a lot whereon two or more sites are
provided for parking or placing motor homes/travel trailers or tents on a temporary or seasonal
basis.
Amended by By-law No. Z149-2012
Unit in A Vacant Land Condominium means a parcel of land within a vacant land
condominium for the purpose of constructing a single detached dwelling.
Amended by By-law No. Z149-2012 Amended by By-law No. Z105-2008
Urban Area means lands designated in the County of Perth Official Plan as a settlement area
(serviced urban area, village, or hamlet), urban fringe, infilling area, or mobile/modular home
park or any lands zoned as "Park and Recreational Zone (PR)" in the Municipality of West
Perth Zoning By- law No. 100-1998 and used for travel trailers/motor home campgrounds.
Use means the purpose for which a lot, building, or structure, or combination thereof, is
designed, arranged, or occupied. The words "uses", "to use", and "used" shall have
corresponding meanings.
Amended by By-law No. Z149-2012
Vehicle means an automobile, truck or other motor vehicle, including motorized construction
equipment or farm equipment, a motor home, a motorcycle, a snowmobile, a boat,
recreational vehicles, and also including a trailer or farm implement or any other device which
is capable of being driven, propelled or drawn by any kind of power, but does not include a
bicycle or any other device powered solely by means of human effort.
Amended by By-law No. Z149-2012
Vehicle, Commercial means a motor vehicle having permanently attached thereto a truck, or
delivery body and includes ambulances, hearses, fire trucks, buses, and tractors used for
hauling purposes on the highways.
Amended by By-law No. Z149-2012
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Vehicle, Recreational means a vehicle which provides sleeping and other facilities for short
periods of time, while travelling or vacationing, designed to be towed behind a motor vehicle,
or self- propelled, and includes such vehicles commonly known as travel trailers, camper
trailers, pick-up coaches, motorized campers, motorized homes or other similar vehicles and
shall include a recreational trailer as defined herein.
Watercourse means a natural or altered lake, pond, river, creek, municipal drain, or stream,
but shall not include a farm pond.
Wayside Permit Aggregate Operation means a temporary pit opened and used by a public
road authority or its agent for the purpose of a particular project or contract of street
construction.
Wholesale Establishment means a building or part thereof used for the selling of goods for
delivery from the premises to an industrial, commercial or institutional establishment or
organization and may include a showroom and/or display area open to the general public
which does not exceed 25% of the premises.
Amended by By-law No. Z149-2012 Amended by By-law No. Z105-2008
Wind Energy Generating System, Small Scale means a wind turbine, a tower, a generator,
a rotor, and associated controls and conversion electronics that are primarily intended for on-
site domestic consumption of wind energy generated electricity.
Amended by By-law No. Z149-2012 Amended by By-law No. Z105-2008
Wind Energy Generating System, Commercial Scale means a wind turbine, a tower, a
generator, a rotor, and associated controls and conversion electronics that are primarily
intended to feed electricity into the electrical transmission grid.
Amended by By-law No. Z149-2012 Amended by By-law No. Z105-2008
Wind Energy Generating System, Height means the vertical distance measured from the
finished grade level of the base of the tower to the top of the rotor blade at the highest point in
the rotation of the blade. For the purposes of Section 3.19 Wind Energy Generating System
shall not be considered as a windmill.
Yard means a space appurtenant to a building or structure, located on the same lot as such
building or structure, and which is open, uncovered, and unoccupied from the ground to the
sky except as permitted otherwise by this By-law.
Yard, Front means a yard extending across the full width of a lot between the front lot line and
the nearest wall of any building or structure on the lot.
Yard, Minimum Front means the minimum depth of a front yard between the front lot line
and the nearest wall, or part thereof, of any building or structure on the lot.
Yard, Rear means a yard extending across the full width of a lot between the rear lot line and
the nearest wall, or part thereof, of any main building or structure on the lot, where the rear
yard is a point, the rear yard is measured back a distance along the side lot lines or measured
back from the part to a line which is parallel to the line used for front yard measurement, not
front yard.
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Yard, Minimum Rear means the minimum depth of a rear yard between the rear lot line and
the nearest wall, or part thereof, of any main building, structure, on the lot.
Yard, Side means a yard extending from the front yard to the rear yard of a lot and from the
side lot line of the lot to the nearest wall, or part thereof, of any building or structure, on the
lot.
Yard, Exterior Side means a side yard immediately abutting a street.
Yard, Interior Side means a side yard other than an exterior side yard.
Yard, Minimum Side means the minimum width of a side yard between the side lot line of a
lot and the nearest wall, or part thereof, of any main building or structure of the lot.
Amended by By-law No. Z149-2012
Yard Sale, Residential means a street-side unenclosed event in which used household
items and things, which are surplus to the residents of the dwelling, are offered for sale to the
general public by the residents of the dwelling hosting the event.
Amended by By-law No. Z149-2012
Yard Waste Composting Facility means a facility for the composting of yard materials in
windrows. Yard material includes garden trimmings, grass, brush and leaves but does not
include food waste.
Zone means any classification established in Section 4 of this By-law which applies to the
area(s) delineated on the attached Zoning Map or Zoning Map Schedules for such
classification and to which specific provisions as established by this By-law shall apply.
Amended by By-law No. Z105-2008
Zone, Rural means lands that are located outside of an Urban Area and located within the
"Agricultural Zone (A), "Agricultural Commercial/Industrial Zone (ACM)", "Mineral Aggregate
Resources Zone (MAR)", "Institutional Zone (I)", or "Park and Recreation Zone (PR)" or
combination thereof.
Amended by By-law No. Z105-2008
Zone, Urban means lands that are located within an Urban Area and located within the
"Hamlet/Village Residential Zone (HVR)", "Mitchell Residential Low Density Zone One (R1)",
"Mitchell Residential Low Density Zone Two (R2)", "Mitchell Residential Medium Density Zone
Three (R3)", "Mitchell Residential High Density Zone Four (R4)", "Mobile Home/Modular
Home Zone (MH)", "Core Area Commercial Zone (C1)", "Hamlet/Village Commercial Zone
(C2)", "Highway Commercial Zone (C3)", "Secondary Commercial Zone (C4)", "Light
Industrial Zone One (M1)", "General Industrial Zone Two (M2)", "Mineral Aggregate
Resources Zone (MAR)", "Institutional Zone (I)", "Future Development Zone (FD)", or "Park
and Recreation Zone (PR)" or combination thereof.
Zone Boundary means the limit or extent of a designated area of land use shown on
Schedule "A" attached hereto.
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Zoning Administrator means an officer or employee of the Corporation charged with the
duty of administering and enforcing the provisions of this By-law.
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SECTION 4 - ZONES AND INTERPRETATION
4.1
Establishment of Zones
The provisions of this By-law apply to all lands within the boundaries of the Corporation
of the West Perth. For the purpose of this By-law, the following zone classifications are
established:
Section
Zone
Zone Symbol
6
Agricultural
A
7
Agricultural Commercial/ Industrial
ACM
8
Hamlet/Village Residential
HVR
9
Mitchell Residential Low Density One
R1
10
Mitchell Residential Low Density Two
R2
11
Mitchell Residential Medium Density
R3
12
Mitchell Residential High Density
R4
13
Mobile Home/Modular Home
MH
14
Core Area Commercial
C1
15
Hamlet/Village Commercial
C2
16
Highway Commercial
C3
17
Secondary Commercial
C4
18
Light Industrial
M1
19
General Industrial
M2
20
Mineral Aggregate Resources
MAR
21
Institutional
I
22
Park and Recreation
PR
23
Natural Resources / Environment One
NRE1
24
Natural Resources / Environment Two
NRE2
25
Flood Plain
FP
26
Flood and Fill Constraint Area
FFCA
27
Adjacent Lands
AL
28
Future Development
FDE
29
Holding
-H
Various zoning requirements and/or regulations for the zones as established above are set
out in this By-law. The zoning requirements and regulations set forth for the respective zones
pertain to matters such as permitted uses, permitted buildings and structures, minimum lot
area, minimum lot frontage, maximum coverage, minimum front, side and rear yard
requirements, maximum building height, landscaped open space requirements, parking
requirements, and requirements for accessory buildings and structures.
4.2
Key Maps
Amended by By-law No. Z149-2012
For the purpose of this By-law, Schedule "A", consisting of a Key Map Index, and Key
Maps 1 to 68, inclusive, and Schedule "B" and Schedule "C" are attached to this By-
law and are hereby declared to form part of this By-law.
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The Key Maps which are attached as Schedule "A" and Schedule "B" to this By- law
indicate the zones for all of the lands in the Corporation of the Municipality of West
Perth as established by this By-law. The zones are indicated through the use of the
zone symbols identified for their respective zones in Section 4.1 above.
Amended by By-law No. Z98-2007
The Key Maps which are attached as Schedule "A" to this By-law identify a number of
open watercourses, including municipal drains. The location of these watercourses
was based on mapping available through the Ontario Basic Mapping Program, which
in turn was based on aerial photography from the 1980's. In some situations,
municipal drain watercourses have been changed over to enclosed municipal drains
and therefore an open watercourse no longer exists. When such situations occur, it
shall not be necessary to amend this By-law to reflect the change in classification of
the watercourse (i.e. from any open municipal drain watercourse to an enclosed
municipal drain) and the provisions of this By-law shall be applied as appropriate. It
is intended that the Key Maps will be revised to reflect such changes at such time that
the Municipality undertakes either general and/or housekeeping amendments to this
Zoning By-law.
The Key Maps also are intended to display the boundaries of parcels of land and lots.
These boundaries are intended to show the location and configuration of properties in
the Town. Where a change in the configuration of a lot(s) occurs as a result of the
approval of a Plan of Subdivision, or Consent application, or through some other legal
manner, or in the case where more than one lot has been assembled, the revised
and/or new lot configuration(s) on the various Key Maps may be displayed without the
necessity of amending this By-law to show such revised and/or new lot configuration(s).
Amended by By-law No. Z149-2012
The Key Maps which are attached as Schedule "A" to this By-law identify the
"Regulated Flood Area" which represents the approximate location of the boundaries of
the "Generic Regulations", under Ontario Regulation 97/04, specifically Ontario
Regulations 147/06, 157/06, and 164/06. The inclusion of the Regulated Flood Area on
the Key Maps is for information purposes only and the applicable Conservation Authority
should be contacted to determine how the "Generic Regulations" impact development
proposals.
A Contaminant Attenuation Zone (CAZ) associated with the Fullarton Landfill Site is
displayed on Key Map 62 of By-law No. 100- 1998. It is intended to identify soil
conditions that currently do not meet Reasonable Use Guideline concentrations for
chloride and other secondary indicator parameters. The CAZ is located on the
Municipal Road. The inclusion of the CAZ on Key Map 62 is for information purposes
only and the Municipality of West Perth should be contacted to determine how the CAZ
impacts development proposals.
4.3
Use of Zones and Zone Symbols
The zones and symbols identified in Section 4.1 above shall be used when referring to
land, buildings, and structures, and the uses thereof permitted by this By-law in said
zones. Where the various zone symbols are shown on the Key Maps or Schedule "B",
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such reference is intended to indicate that the lands on which the zone symbol is
placed are located within the corresponding zones as established by Section 4.1 above
and shall be subject to the applicable zone provisions as set forth in this By-law for that
respective zone.
Where a zone symbol applying to certain lands as shown on the Key Maps attached to
this By-law on Schedule "A" is followed by a dash and a number (e.g. R1-1), such
dash and number are intended to indicate that such land is the subject of one or more
special zone provisions. The special zone provisions can be determined by referring
to the "special provisions" section for the applicable zone as set forth in this By-law.
Lands zoned in this manner will be subject to all other provisions for the respective
zone except as otherwise provided for by the special provisions.
4.4
Interpretation of Zone Boundaries The zone symbols as shown on the Key Maps
of Schedule "A" to this By-law are bounded by thick black lines, the purpose of which
lines is to indicate the extent of the zones. The following "rules of interpretation" are to
be applied when determining the location of zone boundaries on the Key Maps, of
Schedule "A" of this By-law, as adopted by Council, and kept in the Office of the Zoning
Administrator:
4.4.1
Where any zone boundary is shown on Schedule "A" as following the boundary
of a street, watercourse, or railway right-of-way, the zone boundary shall be
considered to follow the centre line of such street, watercourse, or railway right-
of-way;
4.4.2
Except as provided for in Section 4.4.1 above, where a zone boundary is shown
on Schedule "A" as approximately following the boundary of a lot that is shown
on a registered plan or a registered reference plan, the zone boundary shall be
considered to be such lot boundary as shown on said registered plan or
registered reference plan;
4.4.3
Where a zone boundary is shown on Schedule "A" as being parallel to, or
approximately parallel to, a street and the distance from the street is not
indicated, the zone boundary shall be considered as being parallel to such
street and its distance from the street shall be determined by using the scale
shown on the Schedule "A" Key Map to scale or measure the distance; and
4.4.4
Where any zone boundary is left uncertain after the application on the
provisions of Sections 4.4.1, 4.4.2, and 4.4.3 of this By-law, the location of the
zone boundary shall be determined by using the scale shown on the Schedule
"A" Key Map to scale or measure the applicable distances.
4.5
Interpretation of Certain Words
4.5.1
In this By-law, the word "shall" is considered to mean mandatory.
4.5.2
In this By-law, words used in the present tense include the future tense and
vice-versa.
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4.5.3
In this By-law, words used in the singular shall also be considered to include
the plural unless the context of the application clearly indicates the contrary.
4.5.4
In this By-law, metric units shall apply to all requirements, regulations, and
measurements. References to imperial units are only for the convenience of
the user.
Amended by By-law No. Z98-2007
4.5.5
Amendments to this By-law will not be required in order to make minor
adjustments to the boundaries or the location of roads, correct typographical
or patent errors, provided that the intent of the Zoning By-law is preserved.
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SECTION 5 - GENERAL PROVISIONS
The provisions contained in this Section shall apply to all zones except as otherwise indicated
in the applicable zone provisions.
5.1
Accessory Uses, Buildings and Structures
5.1.1
Use
Where this By-law permits a use of land, buildings or structures, such use shall
include any accessory use, building or structure, but shall not include:
(a)
Any occupation or business conducted within a dwelling except where
permitted specifically by this By-law; and
(b)
Any building or structure used for human habitation except where
permitted specifically by this By-law.
5.1.2
Time of Establishment
No accessory use, building or structure shall be established until the main use
to which it is accessory has been established on the lot.
5.1.3
Location and Size Accessory buildings and structures:
(a)
Shall not be located in a front yard or exterior side yard;
(b)
Shall be no closer to the street line than the yards required for the main
building;
(c)
Shall comply with the interior side yard and rear yard provisions of the
zone, except:
(i)
In a Residential Zone, accessory buildings or structures shall
be no closer than 1.5 m to an interior side lot line or rear lot
line;
Amended by By-law No. Z98-2007
(ii)
In an Agricultural Zone on a lot area less than 1-hectare,
accessory buildings or structures (not including livestock
facilities) shall be no closer than 1.5 m to an interior side lot line
or rear lot line;
Amended by By-law No. Z34-2002
(iii)
In a Commercial, Industrial, Mineral Aggregate Resources,
or Institutional Zone, accessory buildings or structures shall
be no closer than 3 m to an interior side lot line or rear lot line,
provided the abutting lot is not in a Residential Zone;
Amended by By-law No. Z34-2002 & Z307-2025
(d)
Shall not exceed 5.0 m in height, except in an Agricultural, Agricultural
Commercial Industrial, Mineral Aggregate Resources, or Industrial Zone,
where accessory buildings and structures shall not exceed 6.0 m in height.
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Amended by By-law No. Z149-2012
(e)
In a Residential Zone with a lot area of less than 1,050 m2, shall not
exceed 55 m2 of gross floor area or 10% of the lot area, whichever is
the lesser. In a Residential Zone with a lot area of 1,050 m2 or more,
shall not exceed 5% of the lot area. In all other zones shall not cover
more than 10% of the lot area. The area of an open swimming pool
which is not enclosed by a building or structure shall not be included
in the calculation of lot coverage;
(f)
Shall not be structurally attached to the main building in any way and
they shall be located at a distance of not less than 1.5 m from the main
building. The provisions of this Section shall not apply to unenclosed
decks, steps and/or air conditioning/ ventilation devices.
5.2
Application of Other By-laws, Requirements, and Regulations
Nothing in this By-law shall operate or cause to relieve any person from the obligation
to obtain any license, permit, authority or approval lawfully required by a government
authority having the jurisdiction to make such requirements and/or regulations. This By-
law shall not be effective to reduce or mitigate any regulations lawfully imposed by a
government authority having the jurisdiction to make such requirements and/or
regulations.
5.3
Conflicting Regulations
Where the application of the provisions of this By-law results in a conflict between the
provisions and/or requirements of this By- law, or any other By-law of the Corporation,
the most restrictive provision and/or requirement shall apply.
5.4
Drainage
Suitable measures for surface and sub- surface drainage shall be required in respect
to the use of all land and the use and/or erection of all buildings and structures.
5.5
Dwelling Units Below Grade
No dwelling unit shall, in its entirety, be located in a cellar. If any portion of a dwelling
unit is located in a cellar, such portion of the dwelling unit shall be used only as a furnace
room, laundry room, storage or utility room, recreation room, bedroom subject to the
applicable Building Code requirements, or for a similar use. However, a dwelling unit,
in its entirety, may be located in a basement provided that the dwelling unit is serviced
by an approved sanitary sewer or septic system.
5.6
Existing Permitted Buildings and Uses
Where an existing building or structure or use is permitted in a zone, such building or
structure or use may be enlarged, extended, repaired, renovated or reconstructed
provided all applicable provisions of this by- law are complied with.
5.7
Exterior Lighting
The type, location, height, intensity, and direction of exterior lighting on a lot shall be
designed so as to ensure illumination does not glare onto adjacent properties or onto
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an adjacent street.
5.8
Lots to Front on a Public Road
No lot shall be created and no person shall erect a building or structure and no person
shall use any land, building or structure unless the lot abuts or fronts on a public road
of satisfactory construction and maintenance to permit the reasonable and safe
passage of motor vehicles, provided that: a building or structure may be erected on a
lot in a registered plan of subdivision or on a lot created by consent, in accordance
with a Subdivision Agreement in respect of the subdivision or consent,
notwithstanding that the road has not been assumed by the municipality.
5.9
Loading Space Requirements Where a building or structure is erected or used for
a commercial or industrial use involving the receiving, shipping, loading, or unloading
of goods, wares, merchandise, raw materials, or animals, the owner and/or occupant
of the building or structure shall provide and maintain on the same lot on which such
building or structure is located, and not on a street or lane, loading spaces and/or
unloading spaces in accordance with the following requirements:
5.9.1
Number of Loading Spaces
The minimum number of loading spaces required shall be in accordance with
the following provisions:
Gross Floor Area
Number of Loading Spaces
A
Less than 185 sq. m
0
B
185 sq. m to 3,700 sq. m
1
C
3,700 sq. m to 9,300 sq. m
2
D
Plus 1 for each additional 9,300 sq. m of gross floor area or
fraction thereof.
5.9.2
Loading Space Location
The loading space or spaces required by this By-law shall be located in the
interior side yard or rear yard of the lot.
Amended by By-law No. Z149-2012
5.9.3
Loading Space Size
Every loading space required by this By-law shall have a minimum length of
18.0 m, a minimum width of 3.5 m, and a minimum vertical clearance of 4.25
m.
5.9.4
Loading Space Access
Access to a loading space shall be by means of an unobstructed driveway at
least 6.0 m in width situated entirely on the lot upon which the loading spaces
are located leading to a street or lane.
5.9.5
Loading Space Surface
The driveways and loading spaces required by this By-law shall be maintained
with a stable surface so as to prevent the raising of dust or loose particles. The
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driveways and loading spaces shall, prior to being used, be constructed of
crushed stone, slag, gravel, crushed brick or tile, paving stone or brick, asphalt,
concrete, or cinders having a Portland cement binder, and shall have adequate
drainage facilities.
5.9.6
Existing Buildings and Additions
The loading space provisions contained in Section 5.9.1 shall not apply to any
building that lawfully existed prior to the date of adoption of this By-law so long
as the gross floor area has not been increased. If an addition is made to a
lawfully existing building which has the effect of increasing the gross floor area
after the date of adoption of this By-law, the regulations of Section 5.9 shall
apply in respect to the area of such addition.
5.10
Mobile Homes Prohibited
It shall be prohibited to locate or use a mobile home in any zone for any purpose,
including for residential, commercial, industrial, or institutional use, whether
temporarily or permanently, unless the use of a mobile home is specifically permitted
by other provisions of this By-law. This provision shall also apply to a mobile home
which has been or will be converted from a dwelling unit to some other use (such as
an office, storage use, or accessory building).
5.11
Multiple Uses
Notwithstanding any other provisions of this By-law, where the use of any land,
building, or structure is composed of two or more uses which are classified as having
separate and distinct zone provisions under this By-law, none of these uses shall be
considered as being accessory to one another and therefore the provisions governing
each use shall be applied to each use as if each use existed independently.
5.12
Non-Conforming Uses, Buildings, and Structures (Legal)
5.12.1 Existing Uses, Buildings, and Structures
Nothing in this By-law shall prevent the continued use or continued existence
of a legal non-conforming use, building or structure, subject to the other
provisions of Section 5.12.
5.12.2 Building Permit Issued
Nothing in this By-law shall apply to prevent the erection or use of a building
or structure for a purpose not permitted in the zone in which such building or
structure is located where a building permit has been lawfully issued under
the Building Code Act, as amended from time to time, prior to the day of
passing of this By-law, provided that the following are met:
(a)
The building or structure, when erected, is used and continues to be
used for the purpose for which the permit was issued; and
(b)
The erection of such building or structure is commenced within one (1)
year after the date of passing of this By-law and is completed within one
(1) year of the date that the erection commenced.
5.12.3 Replacement of Non-Conforming Uses, Buildings, and Structures
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Where a lawfully existing building or structure is used for a purpose not
permitted in the zone in which such building or structure is located and such
building or structure is partially or totally destroyed by fire or similar natural
cause or peril, such building or structure may be replaced or repaired and the
non-conforming use re-established provided that the following conditions are
met:
(a)
The owner must make application to the Corporation for a building
permit to replace the building or structure within one (1) year of the
date on which the partial or total destruction occurred;
(b)
The replacement or repair of the building or structure must be
completed within one (1) year of the date on the building permit for
such replacement or repair issued by the Corporation;
(c)
The replacement or repair of the building or structure occurs at
approximately the same location on the lot. In no case shall any
encroachment into a required yard, other than that which existed on
the date of passing of this By-law, be permitted. For the purpose of
determining required yards, the most restrictive yard provision for that zone
shall apply;
(d)
The replacement or repair does not increase the height, size, or
volume of the building or structure as it existed prior to the partial or
total destruction; and
(e)
The use of the building or structure is not changed and continues in
the same manner as existed previously.
5.12.4 Building Repairs
Nothing in this By-law shall apply to prevent the strengthening or restoring to
a safe condition of any lawfully established building or structure which is used
for a purpose not permitted in the zone in which such building or structure is
located provided that the following provisions are met:
(a)
The strengthening or repairing does not increase the gross floor area,
height, or lot coverage of the building or structure; and
(b)
The use of the building or structure is not changed and continues in
the same manner as previously existed.
Amended by By-law No. Z98-2007
5.12.5 Livestock facilities
The repair or replacement of livestock facilities shall be permitted provided it
does not increase the amount of floor area used for housing livestock. These
repairs or replacements may result in a change in the type of livestock and/or
change in the number livestock housed. Where a change in the type of livestock
involves a change in the Factor "A" for livestock type in Table 1 of the MDS II,
the livestock type change shall be permitted provided that the number of
Nutrient Units decrease/increase is proportionately to the Factor "A" change
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(illustrated in the following Table).
Proposed # of Nutrient Units =
Factor A of Type of Livestock
Existing # of Nutrient Units
Factor A of Proposed Type of Livestock
(For Example, a farmer who currently has a barn housing 50 beef cattle (including calf
to weaning) wants to convert to swine).
Z
=
0.7
50
1.0
1.0 x Z = 50 x 0.7 then Z = 35
Using this formula, the farmer could house 35 Nutrient Units having a 1.0 Factor "A",
or in this example, (35 Nutrient units x 5 sows and boars) means that 175 sows and
boars can be accommodated by the barn).
5.13
Non-Complying Uses, Buildings and Structures
Where a use, building or structure was lawfully established prior to the date of passing
of this By-law, and where such use, building or structure is permitted by the zone in
which such use, building or structure is located, but where such use, building or
structure does not meet the zone provisions with respect to required lot area, frontage,
yards, parking, or any other provision applicable to that zone, such use, building or
structure shall be deemed to comply with the By-law and may be enlarged, extended,
reconstructed, repaired or renovated provided that:
Amended by By-law No. Z98-2007
(a)
The enlargement, extension, reconstruction, repair or renovation does not
further reduce the compliance of the use, building or structure with the
provisions of this By-law to which such use, building or structure does not
comply. Where such enlargement, extension, reconstruction, repair or
renovation involves a livestock facility and where the livestock/poultry involves
a change in Factor "A" for livestock type in Table 1 of MDS II, the nutrient unit
change shall be determined as illustrated of Section 5.12.5 on this By- law.
(b)
All other applicable provisions of this By- law are complied with;
(c)
Where a non-complying building or structure is removed or destroyed, such
building or structure may be reconstructed in a different location on the lot
than the original building or structure, provided that the new location complies
with (a) and (b) above, and provided such reconstruction occurs within one
(1) year of the date of destruction of the original building; and
(d)
In the case of a rezoning or severance, the provisions of Section 5.13 shall
continue to apply such that the said use, building or structure shall be deemed
to comply with any applicable provisions of this By-law resulting from such
rezoning or severance, except that this provision shall not exempt a new
use from complying with all applicable requirements of this By-law (such as number
of parking spaces) related to such new use, other than those provisions recognized
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by Section 5.13.
(e)
For the purpose of Section 5.13, a non- complying building or structure which
existed on January 1, 1998 shall be considered as lawfully established.
(Amended by By-law Z307-2025)
5.14
Occupancy of Completed Buildings
Refer to the requirements set out in the Ontario Building Code, as amended from time
to time.
(Deleted by By-law Z307-2025)
5.15 One Dwelling on One Lot
5.16
Obstructions on Corner Lots (Sight Triangle)
No building or structure shall be permitted on that portion of a corner lot which is within
a sight triangle as defined in Section 3 of this By-law where a distance of 9.0 m
measured along the street lines is used for the purpose of determining the location of
the sight triangle, except as specifically stated otherwise in this By-law.
5.17
Outdoor Display and Sales Area Where an outdoor display and sale area is
permitted by the zone provisions of this By- law, it shall be permitted in any yard on a
lot provided that the following provisions are satisfied:
(a)
Such outdoor display and sales area is accessory to the main use on the lot
and is for merchandise kept for sale, lease, or rent on the premises;
(b)
Such outdoor display and sales area shall be set back a minimum distance of
3.0 m from a front or exterior side lot line and a minimum distance of 1.0 m
from an interior side or rear lot line;
(c)
Notwithstanding the provisions of Clause (b) above, no outdoor display and
sales area shall be permitted in a required daylight or site triangle;
(d)
Such outdoor storage and sales area shall not block-off or restrict access to
the lot;
(e)
Such outdoor display and sales area is kept in a neat and attractive manner.
5.18
Outdoor Storage
Where outdoor storage is permitted by the zone provisions of this By-law, the outdoor
storage of goods and materials shall be permitted only in the interior side yard or rear
yard of the main building provided that the following provisions are satisfied:
(a)
The outdoor storage is accessory to the main building on the lot;
Amended by By-law No. Z34-2002
(b)
Such outdoor storage complies with the yard requirements for accessory
buildings and structures as set out in Section 3.1 and 5.1 of this By-law;
(c)
Any portion of the lot used for outdoor storage shall be completely concealed
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from view from the street or an abutting lot in a residential zone by a planting
strip, fence, decorative masonry wall, or existing building on the lot, or a
combination thereof.
5.19
Parking Area and Space Requirements
The owner of every building or structure erected or used for a purpose permitted by
this By-law shall provide and maintain for the sole use of the owner, occupant, or other
persons entering upon or making use of said premises from time to time parking areas
and spaces in accordance with the following provisions:
Amended by By-law Nos. Z149-2012 and Z231-2019
5.19.1 Number of Parking Spaces
The minimum number of parking spaces required for the uses and purposes
hereinafter set forth shall be as follows:
Type of Use
Number of Spaces
A
Single-detached, semi-
detached, duplex, converted,
and accessory dwellings
2 per dwelling unit. Number of
Parking Spaces required for
Secondary Dwelling Units shall
be in accordance with Section
5.26.1 of this By-law.
B
Apartment dwelling and other
multiple unit dwellings
1.5 per dwelling unit
C
Group home dwelling
1 per 3 residents
D
Home for the aged, nursing
home dwellings
1 per 3 beds
E
Group home dwelling
2 per dwelling unit plus 1 per 4
group home residents
F
Bed and Breakfast
establishment
2 per dwelling unit plus 1 per
guest room for rent
G
Church
1 per 4 persons of maximum
designed capacity of the
sanctuary
H
Elementary School
The greater of 1.5 per classroom or
1 per 10 m2 of auditorium
assembly area
I
Secondary School
The greater of 5 per classroom or
1 per 7.5 m2 of auditorium
assembly area
J
Assembly Hall, Community
Centre, Arena, Theatre,
Sports Field
1 per 5 seats or 3 m of bench space
of maximum seating capacity, or 1
per 230 m2 of playing field area
where no seating exists
K
Restaurant, eating
establishment, tavern
1 per 4 persons of maximum
designed capacity
L
Eating establishment, take-
out
6 plus 1 per 4 persons of
maximum designed capacity
M
Clinic
5 per practitioner
N
Business or Professional
1 per 20 m2 of gross floor area
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Office
O
Retail store, department
store, personal service shop
1 per 30 m2 of retail and/or
customer service floor area
P
Bowling establishment
3 per bowling lane
Q
Hotel or Motel
2 plus 1 per guest room
R
Supermarket, grocery store
1 per 15 m2 of retail floor area
S
Furniture store, Wholesale
establishment
1 per 55 m2 of retail floor area
T
Automobile repair
establishment, auto- mobile
service station, automobile
sales and service
establishment
4 plus 1 per repair bay
U
Industrial establishment
Largest shift, including office
staff
1.25 per employee
V
Uses permitted by this by-law
other than those referred to
above
1 per 40 m2 of gross floor area
Where the application of the above parking space requirements results in a
number that is not a whole number, the number shall be rounded-up to the
next whole number (e.g. 7.3 spaces would be rounded-up to 8).
Amended by By-law No. Z149-2012 & Z307-2025
5.19.2 Ingress and Egress
Ingress and egress to parking spaces required by this By-law shall be provided by a
sufficient number of unobstructed driveways or passageways. Each driveway or
passageway shall have a minimum width of at least 3 m and not greater than
10 m. The number of driveways serving a single lot shall be limited in
accordance with the following:
(a)
Up to the first 30 metres of streetline - not more than 2 driveways;
(b)
For each additional 30 metres of streetline - not more than 1 driveway.
5.19.2.1 Driveway Location
(a) Where multiple driveways provide access to a lot, the minimum distance
between driveway ramps shall be 7.5 metres.
(b) The minimum distance between a driveway ramp and an intersection of
streetlines shall be 9.0 metres measured along the streetline.
5.19.3 Parking Area Location
(a)
All required parking spaces and areas shall be provided on the same lot as the
building or structure is located, with the exception that required parking spaces
and areas may be located on an adjacent lot provided that such lot is
appropriately zoned so as to permit such parking use and provided that no part
of such parking space or area is located further than 150 m from the lot on
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56 | P a g e
which the building or structure requiring the parking is located. The above
exception shall not apply in the case of parking spaces required for a
residential use in a Residential Zone.
(b)
Notwithstanding the yard provisions of this By-law to the contrary, uncovered
surface parking areas may be permitted in all of the yards provided that no part
of any parking area, other than the driveway, is located closer than 1 metre to
any lot line.
(c)
Notwithstanding Section 5.19.4 (b), a 1 metre setback is not required for a
parking area along a common lot line where two abutting non-residential uses
provide a parking area on both sides of the common lot line.
(d)
Notwithstanding section 5.19.4 (b), where a use requires 5 or more parking
spaces in a residential zone, the parking area shall not be located in a front or
exterior side yard.
Amended by By-law No. Z149-2012 & Z307-2025
5.19.4 Parking Space Access
All required parking spaces, except those required for single-detached
dwellings, semi- detached dwellings, duplex dwellings, street front townhouse
dwellings, and converted dwellings (to a maximum of 3 dwellings) shall be
accessed only by an internal driveway and no direct access from a street shall
be permitted. Such internal driveways shall have a minimum width of 6.0 m.
Tandem Parking shall be permitted for a single-detached dwellings, for one
unit of a semi-detached dwelling, for street front townhouse dwellings, for
Additional Residential Units, and for bed and breakfast establishments.
The parking requirements for the Physically Disabled as contained in Section
5.19.15 do not apply for single-detached dwellings, semi-detached dwellings,
additional residential units, duplex dwellings, street front townhouse dwellings,
and converted dwellings.
5.19.5 Parking Area Surface
Each parking area and driveway connecting the parking area with the street
shall be maintained with concrete, asphalt or other hard surface, provided
however, crushed stone, slag, gravel, crushed brick or other dustless material
shall be permitted for a single-detached dwelling, a semi-detached dwelling, a
duplex dwelling, or an agricultural use.
The parking areas and driveway, in the industrial zones may be constructed
of crushed stone, slag, gravel, crushed brick or tile, paving stone, asphalt,
concrete, or cinders having a Portland cement binder provided the parking
area and driveways are located to the rear of the building line.
All parking areas and driveways shall be graded and drained so as to ensure
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that surface water will not escape to neighbouring lands as a result of the
construction or use of such parking areas and driveways.
Amended by By-law No. Z98-2007
5.19.6 Parking Area Drainage
All parking areas and driveways shall be graded and drained so as to ensure
that surface water will not escape to neighbouring lands as a result of the
construction or use of such parking areas and driveways.
Amended by By-law No. Z149-2012
5.19.7 Parking Space Size
Parking spaces required by this By-law shall have a minimum width of 2.7 m,
a minimum length of 5.5 m, and a minimum height of 2.4 m. Handicapped
parking spaces shall have a minimum width of 4.25 m, a minimum length of
5.5 m, and a minimum height of 2.4 m.
5.19.8 Multiple Use of Buildings
Where a building or structure accommodates more than one type of use as set
out in Section 5.19.1 above, the number of parking spaces required for the
whole building shall be the sum of the number of parking spaces required for
the separate parts of the building as occupied by the separate uses.
Where common space within a building serves more than one type of use as
set out in Section 5.19.1 above, such common space shall be assessed
against one use only and that use shall be the one with the greater parking
requirement.
5.19.9 Multiple Use of Parking Areas Where two or more uses utilize the same parking
area during the same or overlapping time period, the number of parking spaces
required by this By-law shall be the sum of the parking spaces required for
each use.
Where two or more uses utilize the same parking area and the periods of use
for each of the uses do not occur at the same time, the parking requirements
for the use requiring the greatest number of spaces shall apply.
5.19.10 Existing Buildings
The parking space provisions contained in Section 5.19.1 above shall not
apply to any building that lawfully existed at the date of adoption of this By-law
so long as the following provisions are met:
(a)
The building continues to be used for the use that existed in the building
on the day this By-law was adopted or the use has changed to one
which has the same or lesser parking requirements as the use that
existed on the day this By-law was adopted;
(b)
The floor area of the building has not been increased since the date of
adoption of this By-law so as to require additional parking spaces; and
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(c)
All parking spaces that existed at the date of adoption of this By-law are
retained.
5.19.11 Additions to Existing Buildings Where an addition is made to a building that
lawfully existed at the date of adoption of this By-law, additional parking spaces
equal to the number required for the addition as determined by the application
of the provisions of Section 5.19.1 of this By-law shall be provided.
5.19.12 Changes/Intensification of Use Where a change of use is made to a building
lawfully existing at the date of adoption of this By-law and where the new use
requires a greater number of parking spaces than did the previously existing
use, additional parking spaces equal to the difference in the number of spaces
required for the new use and the previously existing use shall be provided.
5.19.13 Cash-in-lieu of Parking Spaces Where the municipality has passed a by-law
permitting the payment of cash-in-lieu for some or all of the required parking
spaces, such money paid in compliance with the cash-in-lieu by-law shall
constitute the provision of parking spaces for the number of parking spaces
covered by such payment. Required parking spaces not covered by a cash-
in-lieu payment shall be provided in compliance with this By-law.
Amended by By-law No. Z149-2012
5.19.14 Parking Requirements for the Physically Disabled
Parking spaces for the physically disabled required by this By-law shall have
a minimum width of 4.5 m and a minimum length of 6.0 m not including area
used for access, maneuvering, driveway, or similar purpose. If there are two
or more parking spaces for the physically disabled located beside each other
in the same parking aisle, they may share the 2.0 metre aisle, resulting in a
reduction in the size of every other such parking space (i.e. every second
parking space for the physically disabled).
Parking spaces for the physically disabled shall be:
(a)
Hard surfaced and a maximum running slope of 1.5 % and a maximum
crossing slope of 1 %;
(b)
Located near an accessible building entrance; and
(c)
Identified for use by physically disabled persons by a sign, which is
clearly posted and visible at all times, containing the International
Symbol of Accessibility for Disabled Persons. Such sign shall be
posted in a visible location other than on the parking surface.
The provisions for the number of parking spaces for the physically disabled are
outlined in the following table.
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Number of
Automobile Parking
Spaces
Number of
Designated Accessible
Parking Spaces
1-25
1
26-50
2
51-100
3
101-150
4
151-200
6
201
6 plus 2% of the total
5.20
Parking of Commercial Vehicles in Residential Zones
In any Residential Zone, not more than one commercial vehicle not exceeding 6 m in
length, including any trailer which may be pulled by the vehicle, may be parked on the
same lot as a dwelling unit by the owner or occupant of the dwelling unit. This provision
shall not apply so as to prevent the stopping of any commercial vehicles making
deliveries or collections or supplying services to the dwelling unit on the lot. Any
commercial vehicle parked in a Residential Zone shall not be parked in the sight triangle
on corner lots.
Amended by By-law No. Z149-2012
5.21
Parking of Recreational Vehicles in Residential Zones
The parking of recreational vehicles as an accessory use to a residential use in any
Residential Zone shall be subject to the following provisions:
(a)
Not more than:
(b)
One motor home; or
(c)
One travel trailer; or
(d)
One boat; or
(e)
Two snow mobiles; or
(f)
Two all-terrain vehicles shall be parked or stored on a lot in a Residential Zone.
(g)
The location of recreational vehicles shall be regulated as follows:
(h)
Within a garage or carport; or
(i)
Within a driveway but outside of any daylight triangle or sight triangle; or
(j)
Outside of any building or structure on the lot provided that no recreational
vehicle is parked in a front or exterior side yard, and provided that such motor
home or travel trailer is parked no closer than 1.5 m to an interior side lot line
and/or a rear lot line.
5.22
Permitted Encroachments into Required Yards
Every part of any yard required to be provided in any zone under the provisions of this
By-law shall be kept open and unobstructed by any building, structure or thing from
the ground to the sky except as provided for below:
Amended by By-law No. Z149-2012
5.22.1 Ornamental Structures
Sills, belt courses, cornices, eaves, gutters, chimneys, cantilevered fire place
exhaust inserts, parapets, bay or bow windows, pilasters, pillars or other
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ornamental structures may project into any required yard a distance of not
more than 0.6 m.
5.22.2 Unenclosed Porches, Steps, Decks, and Patios
Steps, decks, patios, and balconies, whether they be covered or uncovered,
and unenclosed porches and verandahs may project into any required front,
rear or exterior side yard a distance of not more than 1.5 m provided that in the
case of steps, decks, patios, porches, and verandahs, the floor level of such
structures is not greater than 1.2 m above the finished grade adjacent to such
structure. Uncovered steps and ramps to provide access to the ground floor of
a building may project into a required side yard a distance of not more than 1.5
m provided such steps or ramp are no closer than .6 m to the side lot line.
Uncovered ramps may project into a required front or exterior side yard not
more than 3 m.
5.22.3 Accessory Structures
Accessory structures such as drop awnings, flag poles, basketball poles, light
standards, garden trellises, fences, retaining walls, and other similar accessory
structures shall be permitted in any required yard. Clothes line poles and
clothes trees shall be permitted in interior side and rear yards only.
5.22.4 Fire Escapes
Unenclosed fire escapes may project into a required interior side or rear yard
a distance of not more than 0.6 m.
5.22.5 Signs
Signs may be erected in accordance with the provisions of any sign by-law
passed by the Corporation. Notwithstanding this, the home occupation
provisions relating to signs as set out in Section 3 of this By-law must be met.
5.22.6 Gate Houses
In a non-residential zone, a gate house shall be permitted in any yard provided
that such gate house is no closer than .6 m to any lot line and provided such
gate house does not exceed 8 m2 gross floor area.
5.22.7 Obstructions on Corner Lots
On a corner lot no obstruction between a height of 0.6 m and 3 m above the
grade of the centre line of the street or streets abutting a sight triangle shall
be permitted to impede or obscure the vision of the operator of a motor vehicle
travelling on the abutting street(s).
Amended by By-law No. Z149-2012
5.22.8 Air conditioning/ventilation devices shall be permitted:
(a)
In the interior side yard but no closer than the minimum side yard
requirement for the zone classification in which such device is
located. In the case of the R1, R2, R3, R4, and HVR zones no closer
than
1.2
m
from
the
interior
lot
line
unless
the
air
conditioning/ventilation device is elevated at least 1.0 m above the
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61 | P a g e
average finished grade and in such case shall be permitted 0.5 m
from the interior lot line;
(b)
In the rear yard but no closer than 5.0 m from the rear lot line;
(c)
In the exterior side yard but no closer than 5.0 m from the street line
provided that such device is screened from view of the abutting road
by fencing and/or landscaping.
Amended by By-law No. Z149-2012
5.22.9 Ontarians with Disabilities Act Notwithstanding the yard and setback
provisions of this By-law to the contrary, wheelchair ramps, or other apparatus
for physically challenged people, as per "The Ontarians with Disabilities Act"
may be erected within the required front, rear, interior or exterior side yard,
provided that on corner lots these types of structures comply with the sight
triangle requirements.
5.23
Planting Strip Requirements Required planting strip(s) shall be established in
accordance with the following provisions:
5.23.1 Location
A required planting strip shall be located in proximity to the lot line or portion
thereof, on which such planting strip is required. A planting strip may be located
in any yard except as provided below:
(a)
No planting strip shall be located in a sight triangle; and
(b)
No planting strip shall be located between the street line and the
building line on the lot in such a manner as to impede or obscure the
vision of the operator of a motor vehicle travelling on an adjacent
street.
5.23.2 Height
The minimum height of trees and shrubs in a planting strip at the time of planting
shall be 0.5 m and they must be of such a species or type so as to achieve a
minimum height of 1.75 m at maturity.
5.23.3 Width
A required planting strip shall have a minimum width of 1.5 m.
5.23.4 Driveways and Walkways
In all cases where ingress and egress driveways and walkways extend through
a planting strip, it shall be permissible to interrupt the planting strip within 3.0
m of the edge of such driveway or within 1.5 m of the edge of such walkway.
5.23.5 Alternatives
Subject to site plan approval, a fence or wall may be considered as an
alternative to a planting strip. Where a solid fence or wall is deemed
appropriate and is approved by the Corporation, such fence or wall must be of
a type, construction and height to provide appropriate screening as set out in
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the site plan and/or agreement.
5.24
Prohibited Uses
(a)
Except as otherwise specifically permitted in this By-law, the following uses
are prohibited in any zone established under this By-law:
(i)
A track for the racing of motor vehicles, motorcycles, go-carts,
snowmobiles, or all-terrain vehicles.
Amended by By-law No. Z149-2012
(ii)
A trailer camp as defined in Section 169(4) of the Municipal Act, S.O.
2001, as amended from time to time.
(iii)
A junk yard, salvage or wrecking yard (excepted as permitted by
Section 19.1 of this By-law), or the collection, storage, or sale of junk,
scrap metal, salvage, partially or completely dismantled motor
vehicles or trailers, or farm machinery and equipment.
Amended by By-law Z307-2025
(iv)
Locating or storing on any land for any purpose any disused and/or
discarded railway car, bus, streetcar, shipping container, sea can/c-
can, truck box or truck body, whether or not same is situated on a
foundation. In an agricultural, commercial or industrial zone, shipping
containers, sea cans, truck bodies/boxes and truck trailers which are
maintained in good condition and appearance may be used for
storage accessory to a main use subject to the requirements for
accessory buildings.
(iv)
Video and/or amusement arcades. Notwithstanding the foregoing, the
keeping of not more than 3 video machines or similar machines is
permitted as an accessory use to a permitted commercial use (e.g.
accessory to a convenience store or hotel).
(v)
Adult entertainment parlours
(b)
In addition to the uses prohibited by Clause (a) above, no land, building, or
structure, except automobile service stations and duly licensed installations for
bulk fuel storage of gasoline, lubricating and fuel oils, shall be used for
commercial or industrial purposes which are likely to cause or create a danger
to health, or danger from fire or explosion, and which, without limiting the
generality of the foregoing, shall include the industrial manufacture of coal oil,
fuel oil, burning liquid gas, naphtha, benzene, gasoline, dynamite, dualine,
nitroglycerin, gunpowder, petroleum products, propane, and ammonia.
(c)
In addition to the uses prohibited by Clause (a) and (b) above, all uses of land
and the erection or use of any building or structure for a purpose not permitted
under the "Permitted Uses" sections of the various zones established by this
By-law, except any use permitted as public uses in accordance with the
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provisions of Section 5.25 of this By-law, are and shall be deemed to be
prohibited uses under the provisions of this By-law.
(d)
In addition to the uses prohibited in Clauses (a), (b), and (c) above, the
provisions of the Health Protection and Promotion Act, as amended from time
to time, shall apply to prohibit those uses considered to be offensive trades or
uses under such Act.
Amended by By-law No. Z149-2012 Amended by By-law No. Z98-2007
(e)
Deleted by By-law Z307-2025
Amended by By-law No. Z149-2012
5.25
Public Uses, Utilities, and Services
(a)
The provisions of this By-law shall not apply so as to prevent the use of any lot
or the erection or use of any building or structure for the purpose of public
service by the Corporation, the County, a public utility, or by any local board of
the Corporation or the County as defined in the Municipal Affairs Act, any
telephone or telegraph company, any television of internet provided governed
under the regulations of the CRTC, any natural gas distribution system serving
lands within the Corporation and possessing all necessary powers, rights,
licenses, and franchises, any Conservation Authority established in
accordance with the Conservation Authorities Act, any department of the
Province of Ontario or of the Government of Canada, provided that the
following provisions are satisfied:
(i)
Any building or structure erected shall be in substantial compliance
with the provisions for the zone in which such building or structure is
situated;
(ii)
No open storage of goods, materials, or equipment shall be permitted
in any Residential Zone; and
(iii)
Any building or structure erected in a Residential Zone shall be
designed, constructed, and maintained in general harmony, where
possible, with the neighbouring residential buildings permitted in the
zone.
(b)
The provisions of this By-law shall not apply so as to prevent any use, building,
or structure of Ontario Hydro, subject to the limitations of control over Ontario
Hydro imposed by Section 62 of the Planning Act, 1990. Any new electric
power facilities, including all works as defined in the Power Corporation Act,
shall be authorized pursuant to the Environmental Assessment Act, as
amended from time to time, where such Act applies to undertakings of Ontario
Hydro or other public authorities. Furthermore, the proponent of such facilities
will be required to contact and consult with the Council prior to proceeding with
plans involving such facilities.
(c)
Nothing in this By-law shall prevent the installation of a watermain, sanitary
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sewer main, storm sewer main, street lighting fixture, telephone or other supply
line or communication line provided that Council is consulted by the proponent
with the plans involving such facilities.
(d)
Nothing contained in Clauses (a), (b), and (c) above relieves any of the
government bodies, agencies, and other authorities from the obligation of
complying with all other applicable By- laws of the Corporation, and all
applicable statutes, regulations, and requirements of other government
bodies.
Amended by By-law No. Z105-2008
(e)
A Small-Scale Wind Energy Generating System or a Commercial Scale Wind
Energy Generating System shall not be considered a public use, utility or
service.
5.26
Satellite Dishes, Antennae, and Aerials
5.26(i) Structures such as satellite dishes, antennae, and aerials that are used for
receiving or transmitting radio, television, telephone, or other similar
communications in connection with a permitted use shall:
(a)
Be located no closer than 2 m from a lot line;
(b)
Not be located in the front or exterior side yard, except where the
satellite dish, antennae or aerial is a minimum of 50 m from the street
line or in the case where satellite dishes not greater than .75 m in
diameter are mounted on the roof or on any wall of a dwelling or
accessory building, it may be located in the front or exterior side yard
provided the satellite dish does not project more than 1 metre into any
required yard.
5.26(ii) All satellite dishes in a residential zone shall be fixed to and located on the
ground, except for satellite dishes not greater than .75 m in diameter which
may be mounted on the roof or on any wall of a dwelling or accessory building,
provided the satellite dish does not project more than 1 metre into any required
yard.
Amended by By-law No. Z149-2012 Amended by By-law No. Z98-2007
5.26(iii) Notwithstanding any other provisions contained in this By-law, not more than
2 satellite dishes and 2 antenna/aerials shall be permitted on a lot in a
Residential Zone.
Added by By-law No. Z231-2019, Amended by By-law Z307-2025
5.26.1 Additional Residential Units
Additional residential units are permitted within any detached dwelling, semi-
detached dwelling unit, or row or townhouse on a parcel of land on which
residential use, other than ancillary residential use, is permitted; or within any
building or structure accessory to a detached dwelling, semi-detached dwelling
unit, or row or townhouse, subject to the regulations of the particular zone in
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65 | P a g e
which it is located. Additional residential units must meet the following
regulations:
(a)
Additional residential units shall be provided with water and sewage
services to the satisfaction of the approval authority; and,
(b)
A total maximum of 2 additional residential units are permitted on a lot,
with a maximum of 2 additional residential units permitted in the same
building or structure as the primary residential unit, and a maximum of 1
additional residential unit permitted in an accessory building, provided
that the combined total of the primary residential unit and additional
residential units does not exceed 3 units on a lot; and,
(c)
In Serviced Urban Areas, the additional residential unit must be at least 4
m from the building or structure where the primary residential unit is
located
Amended by By-law Z307-2025
5.26.1.2 Additional Residential Units outside Serviced Urban Areas
Additional residential units outside of Serviced Urban Areas shall:
(a)
Have a maximum gross floor area not to exceed the lesser of:
i.
50% of the total primary residential unit gross floor area or 125
m2 (1,345 ft²), when located within the same building or
structure as the primary residential unit; or,
ii.
75% of the total primary residential unit gross floor area or 125
m2 (1,345 ft²), when located within an accessory building or
structure; and
(b)
Be provided with a minimum of 1 parking space in addition to the
minimum number of parking spaces required for the primary
residential unit as per the requirements established by Section 5.19.1
of this Zoning By-law.
Amended by By-law Z307-2025
5.26.1.3 Additional Residential Units in an Agricultural Zone
Additional Residential Units in an Agricultural Zone shall be in accordance with
Section 5.26.1, as well as the following:
(a)
An addition onto an existing accessory building for the purpose of
accommodating an Additional Residential Unit is permitted; and,
(b)
An Additional Residential Unit shall not be permitted within a building
accessory to the farm if such building is located at a distance greater
than 30 m from the main farm dwelling.
Amended by By-law Z307-2025
5.26.1.4 Additional Residential Units Permissions
Additional Residential Units are not permitted:
(a)
Within buildings or structures that are located within hazardous lands
such as flooding hazard lands, erosions hazard lands, or hazardous
sites;
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(b)
To be located within the front yard or an exterior side yard if
established within an existing accessory structure in any zone other
than an Agricultural Zone;
(c)
On lots which do not meet the minimum lot area requirement of the
Zoning By-law; and,
(d)
Within an existing accessory structure that does not comply with this
Zoning By-law.
Amended by By-law No. Z149-2012
5.27
Services Requirement
5.27.1 Municipal Facilities
Notwithstanding any other provisions of this By-law, no land shall be used nor
any buildings or structures erected or used unless, pursuant to an agreement
made or condition imposed under Sections 41, 45, 50 or 53 of the Planning Act,
R.S.O. 1990, c. P.13, or Section 50 of the Condominium Act, R.S.O. 1990, c.
C.26, dealing with the provision of any of the municipal services as are set out
in this By-law, the municipal services to be provided are available to service
the land, buildings or structures, as the case may be.
5.27.2 Wells Private (Prohibition) Notwithstanding anything else in this By-law, a
private well shall not be permitted as a primary or accessory structure on any
lands within the limits of the Ward of Mitchell where a municipal water
distribution system is available within the road right-of-way abutting the
property. This regulation shall not apply to a:
(a)
Well which legally existed prior to May 15, 2012;
(b)
Well which is installed for the purposes of environmental site
remediation, water monitoring, or site de-watering; or
(c)
Property used for non-residential purposes which, prior to May 15,
2012, relies upon a legally existing private well for purposes other than
human consumption such as irrigation, cooling, or manufacturing
purposes.
5.27.3 Individual Sanitary Facilities Individual sanitary facilities are permitted for the
erection or enlargement of any building or structure not serviced by municipal
sanitary sewerage facilities within the Rural Zones, issuance of a building
permit shall be subject to the following provisions;
(a)
The applicable requirements for the wastewater treatment system can
be met and all approvals are obtained in writing from the authorities
having jurisdiction; and,
(b)
If the quantity of effluent is projected to exceed 4500 litres per day, a
hydrological study is required to demonstrate that the system can
operate satisfactorily on the site.
5.27.4 Wells Private
A private well may be permitted as a primary or accessory structure on any
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lands outside the limits of the Ward of Mitchell except where a municipal water
distribution system is available within the road right-of-way abutting the
property.
5.28
Setbacks from Railways Notwithstanding anything contained in this By-law, the
following shall apply in respect to buildings erected in proximity to railways:
Amended by By-law No. Z149-2012
(a)
No building or structure shall be erected and no tree or shrub shall be planted
within 15 m of the point of intersection of the centre lines of a railway and a
street.
(b)
The minimum distance from the boundary of a railway right-of-way and the
nearest wall of a dwelling unit shall be 23 m.
Amended by By-law Z307-2025
5.29
Setbacks of Buildings and Structures Along Watercourses and Municipal Drains
The following provisions shall apply to buildings and structures in proximity to
watercourses and municipal drains:
(a)
No building or structure or swimming pool shall be permitted within an area
regulated by the Conservation Authority's Fill, Construction, and Alteration to
Waterways Regulation.
(b)
No building or structure or swimming pool shall be permitted within 15 m
(49.2 ft.) of the top- of-bank of an open municipal drain or watercourse.
(c)
No building or structure or swimming pool shall be permitted within 5 m
(16.40 ft.) of the centre line of an enclosed municipal drain or sanitary sewer.
5.30
Swimming Pools
A swimming pool is permitted as an accessory use in any zone provided that the
following provisions are met:
5.30.1 Location
The swimming pool is located as follows:
(a)
In the side yard of a lot, where no part of the swimming pool is located closer
to any lot line or street line than the minimum yard distance required by this
By-law for the main building on the lot;
(b)
In an Agricultural Zone a swimming pool may be located in the front or side
yard of any lot provided that no part of such pool is located closer to any lot
line than the minimum distance required for the principal dwelling located on
the lot; and
(c)
In the rear yard of a lot, where no part of the swimming pool is located closer
to any lot line than the minimum yard distance required by this By-law for an
accessory building on the lot.
5.30.2 Fencing
Every swimming pool shall be enclosed by a fence in accordance with the
Swimming Pool Fencing By-law of the Corporation.
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5.31
Temporary Uses
Notwithstanding the permitted uses in each zone of this By-law, temporary uses
such as construction office, storage or tool shed, scaffolds, or other buildings and
structures (excluding those used for human habitation) incidental to and necessary
on location for the work in progress shall be permitted so long as same are
necessary for the construction work which has neither been completed nor
abandoned. Abandoned shall mean failure to proceed expeditiously with the
construction work. Temporary buildings shall meet the required rear yard provisions
of the applicable zone.
Amended by By-law No. Z34-2002 Amended by By-law No. Z98-2007
Notwithstanding the permitted uses in each zone of this By-law, when an owner of
land is replacing an existing detached dwelling with a new detached dwelling, two
dwellings (i.e. the existing dwelling and the dwelling being constructed) may be
located on one parcel of land for a maximum time limit of 6 months from the
commencement of construction provided that the owner has entered into the
required agreements with Council, that the construction work has neither been
completed nor abandoned (abandoned shall mean failure to proceed expeditiously
with the construction work), and that the existing dwelling and the dwelling being
constructed are located a minimum of 4.5 m apart from each other.
Amended by By-law No. Z149-2012 Notwithstanding the permitted uses in each
zone of this By-law, on land subject to a Subdivision Agreement between the owner
and the Municipality, a model home may be erected on a lot without full municipal
services if the owner has entered into a non- occupancy agreement with the
Municipality.
5.32
Two or More Lots
Where two or more lots are used together as a single parcel on which a building or
structure exists or is to be established, the yards, setbacks, and other applicable
provisions shall be calculated as they apply to the parcel as a whole containing
such building or structure. Where the building or structure is not physically located
on the common lot line between the lots being developed as a single parcel, and
there would be a corresponding violation of zoning provisions, the lots being
developed must first be deemed (pursuant to section 50(4) of the Planning Act,
R.S.O. 1990) or a minor variance granted (pursuant to Section 45 of the Planning
Act, R.S.O. 1990).
5.33
Undersized Lots
Notwithstanding anything contained in this By-law, an existing lot which lacks the
required frontage and/or area for a lot in the respective zone, shall be deemed to
be a lot that may be used for the uses permitted by this By-law and a building or
structure may be erected, altered, or used thereon provided that:
(a)
The description of such parcel is the same as in a registered deed at the
date of passing of this By-law;
(b)
Such parcel could have been conveyed legally on the date of the passing
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of this By-law by way of deed, transfer, mortgage, charge or agreement of
sale and purchase without consent under Section 50 of the Planning Act,
R.S.O. 1990;
(c)
Such parcel has a minimum frontage of 9.0 m;
(d)
All relevant regulations made under the Health Protection and Promotion
Act, R.S.O. 1990, and all relevant requirements of the appropriate authority
for septic/sanitary systems are complied with;
(e)
Suitable measures for the proper drainage of the parcel are or will be
completed before occupancy;
(f)
All other requirements of this by-law, including the appropriate zone, are
complied with;
Amended by By-law No. Z98-2007
(g)
In an Agricultural Zone, a dwelling shall not be established except:
(i)
On a lot area of 0.5 ha or larger; and
(ii)
In accordance with the provisions of MDS I.
(h)
In Residential zones, undersized lots shall be limited to a single-detached
dwelling. Multiple unit dwellings shall comply with the applicable zone
provisions.
Amended by By-law No. Z34-2002 Notwithstanding the above, the minimum lot
area of 22 hectares is required before any supplementary dwelling is permitted in
accordance with the provisions of Section 6.2 of this By-law.
Explanatory Note: Existing lots of record in an Agricultural Zone which have a lot
area less than 0.5 ha and do not contain a dwelling, shall not be permitted a dwelling
unless the parcel is rezoned in accordance with Section 5.5.15 of the Perth County
Official Plan.
5.34
Use of Travel Trailers, etc.
No person shall use any travel trailer, tent trailer, motor home or similar vehicle or
structure for temporary or permanent living accommodation in any zone:
(a)
Except as may be permitted specifically by this by-law in a zone permitting
such uses; or except that not more than one of such vehicles or structures
may be used for temporary sleeping accommodation not exceeding three
months in any calendar year as an accessory use on a lot which contains a
dwelling.
5.35
Wayside Permit Aggregate Operations (Wayside Pit) and Portable Asphalt
A wayside permit aggregate operation (wayside pit) for the extraction and
processing of road building materials and portable asphalt plants for use in
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constructing public roads may be established in the "A" Zone provided that such
operations comply with all other provisions of this By-law applicable thereto and
further provided that this provision applies only to the Council of the Municipality of
West Perth or a designated agent thereof, except that the County of Perth or
designated agent thereof or a designated agent of the Ministry of Transportation
may obtain a licence and operate a wayside permit aggregate operations (wayside
pits) or portable asphalt plants (in compliance with Section 3.115 of this By-law) for
the purposes herein stated.
Amended by By-law No. Z105-2008
5.35.1 Wind Energy Generation
The following general provisions shall apply to Commercial Scale Wind
Energy Generating Systems:
5.35.1.1
Commercial Scale Wind Energy Generating Systems may be
permitted in Rural Zones only through a rezoning of the host
property, save and except lands situated within the "Flood and
Fill Constraint Area Zone (FFCA)", "Future Development Zone
(FD)", or lands situated within an "Adjacent Land Area
Overlay (AL), (AL1), (AL2), (AL3), or (AL4)", or lands subject to a
"Holding Zone (H)".
5.35.1.2
Where permitted in a Rural Zone, a Commercial Scale Wind
Energy Generating Systems:
(a)
Shall be no closer than 600 m to an Urban Area;
(b)
Shall be no closer than 400 m to a point of reception
located on a separately titled lot;
(c)
Shall be no closer than 400 m to a vacant lot of record
having an area of 4 hectares or less;
(d)
Shall comply with the front yard, exterior side yard,
interior side yard, and rear yard provisions for the main
use on the lot and shall not be closer to any lot line than
1.2 times the Wind Energy Generating System
Height; with the exception that the required interior
side yard or rear yard to an abutting separately titled
lot may be reduced to 0 m where the abutting,
separately titled lot is participant in the Commercial
Scale Wind Energy Generating System and governed
by a Site Plan Agreement pursuant to Section 41 of
the Planning Act, RSO 1990.
5.35.1.3
Where a Commercial Scale Wind Energy Generating System is
established in a Rural Zone, no permanent or seasonal
residences, hotels/motels, nursing/retirement homes, rental
residences, hospitals, camp grounds, or noise sensitive
buildings such as schools and places of worship shall be
permitted on a separately titled lot within the required
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separation distance established by the Certificate of Approval
from the Ontario Ministry of the Environment for noise and the
point of reception.
5.36
Yard and Setback Requirements for Land Without Buildings
Where a use is carried on, on any land or lot, and such use is not enclosed by any
building or structure, the yard and setback requirements of this By-law shall apply
to such use in the same manner as if a building or structure existed. The foregoing
shall not apply to pasturing uses or the growing of crops.
Amended by By-law No. Z149-2012
5.37
Yard Sale, Residential
No Residential Garage Sales shall be permitted except where a premises has a
dwelling unit, and there shall not be more than four residential garage sales per
annum at one location and no such sale shall exceed two days in duration.
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SECTION 6 - AGRICULTURAL ZONE (A)
No person shall within any A Zone use any land or erect, alter, or use any building or structure
for any purpose except in accordance with the following provisions:
6.1
Permitted Uses
(a)
A bed and breakfast / farm vacation establishment in accordance with Section
3;
(b)
Conservation;
(c)
An existing institutional use;
(d)
An existing non-farm residential use;
(e)
Farm uses, including farm residential uses in accordance with Section 6.2;
(f)
Forestry;
(g)
A grass airfield;
(h)
A home occupation in accordance with Section 3;
(i)
A kennel;
Amended by By-law No. Z149-2012
(i.1)
A pet hotel;
(j)
Recreational trails;
(k)
A secondary farm occupation in accordance with Section 3;
(l)
Uses accessory to the permitted uses;
(m)
Wayside permit aggregate operations and portable asphalt plants.
6.2
Permitted Buildings and Structures Amended by By-law No. Z34-2002
Amended by By-law No. Z98-2007
(a)
Farm Buildings and Structures, including:
(i)
Livestock facilities;
(ii)
One single-detached dwelling associated with an agricultural use on
a minimum lot area of 22 hectares (54.36 acres);
(iii)
For farm lots of 22 ha (54.36 ac) or larger, one supplementary farm
dwelling unit in the form of one non-permanent dwelling (e.g., mobile
home) as per Sections 5.5.6.1 and 5.5.6.2 of the County of Perth
Official Plan. The supplementary farm dwelling unit shall be permitted
only where the farm contains a principal farm dwelling and only for
farm families, farm labour, or farm retirees. No supplementary
dwelling unit shall be permitted until the landowner has signed an
agreement with the municipality covering such matters as the
occupancy and duration of the unit.
(b)
Dwellings existing on the date of passing of this by-law;
(c)
A converted dwelling containing not more than 2 dwelling units; a converted
dwelling is limited to dwellings permitted by Section 6.2(a) or (b) and the
dwelling must have existed prior to January 1, 1972. Notwithstanding the
provisions of Section 3.44.4 of this By-law to the contrary, an addition to the
existing dwelling may be permitted when converting the existing dwelling for
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a supplementary farm dwelling unit;
(d)
Institutional buildings and structures existing on the date of passing of this
by-law;
(e)
Buildings and structures for the permitted uses;
(f)
Buildings and structures accessory to the permitted uses.
Explanatory Note: See Section 5.33 for permitted uses on existing undersized
lots.
6.3
Zone Regulations
6.3.1
Lot Area, Minimum
For agricultural uses:
22 hectares (54.36 acres)
For other permitted:
1850 sq. m Uses (19,991.88 sq ft)
6.3.2
Lot Frontage, Minimum
For agricultural uses:
200 m (656.17 feet)
For other permitted
30 m uses (98.43 feet)
6.3.3
Yard Requirements, Minimum
Amended by By-law No. Z98-2007
6.3.3.1 For Livestock Facilities:
The minimum yards shall be established by the Minimum Distance
Separation formula II (MDS II), but shall not be less than:
(a)
Front Yard:
30 m (98.43 feet)
(b)
Rear Yard:
7.5 m (24.61 feet)
(c)
Exterior Side Yard: 30 m (98.43 feet)
(d)
Side Yard:
7.5 m (24.61 feet)
Amended by By-law No. Z98-2007
For Silos:
The minimum yards shall be:
(a)
Front Yard:
30 m (98.43 feet)
(b)
Rear Yard:
30 m (98.43 feet)
(c)
Exterior Side
30 m Yard (98.43 feet)
(d)
Interior Side Yard:
30 m (98.43 feet).
Amended by By-law No. Z98-2007
6.3.3.2 For other permitted buildings and structures, including buildings and
structures accessory to an agricultural operation and grain bins with a
height of less than 10 m.
(a)
Front Yard:
30 m (98.43 feet)
(b)
Rear Yard:
7.5 m (24.61 feet)
(c)
Exterior Side:
30 m Yard (98.43 feet)
(d)
Side Yard:
7.5 m (24.61 feet)
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Amended by By-law No. Z34-2002
6.3.3.3 For existing dwellings, including buildings and structures accessory
to an existing dwelling;
(a)
Front Yard:
15 m (49.21 feet)
(b)
Rear Yard:
7.5 m (24.61 feet)
(c)
Exterior Side:
15 m Yard: (49.21 feet)
Amended by By-law No. Z98-2007
(d)
Side Yard:
4.5 m (14.76 feet)
(e)
Side Yard for accessory buildings and structures: 1.5 m (4.92 feet)
6.3.4
Lot Coverage, Maximum: agricultural buildings and structures:
5 % other permitted buildings and structures: 40 %
6.3.5
Building Height, Maximum agricultural buildings and structures:
30 m (98.43 ft) other permitted buildings and structures: 12 m (39.37
feet)
(Amended by By-law Z307-2025)
6.3.6
Regulations for Supplementary Dwelling Units
6.3.6.1 Ground Floor Area, Minimum
(a)
Single-detached dwelling: 80 m2 (861.14 ft2)
(b)
Mobile home: 62 m2 (484.39 ft2)
6.3.6.2 Distance from Main Building
Notwithstanding 5.1.5(d), any additional residential unit on a farm, where
permitted by Section 6.2(a), shall be located no more than 30 m (98.43 ft.)
from the primary residential unit on the farm.
Amended by By-law Nos. Z98-2007 and Z231-2019
6.4
Minimum Distance Separation
6.4.1
Agricultural Uses
Livestock facilities shall comply with the Minimum Distance Separation
formula II (MDS II).
6.4.2
Residential and Institutional Uses
Notwithstanding the provisions of Section 6.3 to the contrary, dwellings and
institutional uses shall comply with the Minimum Distance Separation formula
I (MDS I).
Notwithstanding the above, supplementary dwelling units, where permitted
by Section 6.2, and Secondary Dwelling Units established in accordance with
Section 5.26.1 (e), shall comply with MDS I, or, shall be no closer to existing
livestock facilities, manure storage structures, and/or anaerobic digesters on
adjacent lots than the main dwelling to which the unit is supplementary and/or
secondary.
Notwithstanding any provisions of this By- law to the contrary, closed
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cemeteries, are a "Type "A" Land Use" for the purposes of MDS.
6.5
Manure Storage Structures Amended by By-law No. Z98-2007
In addition to all applicable requirements of this by-law, no manure storage facility
shall be established or enlarged except in accordance with the farm's nutrient
management strategy/plan, if such strategy/plan is required.
6.5.1
Structures for the storage of liquid manure shall:
Amended by By-law No. Z34-2002
(a)
Be of sufficient size to accommodate 250 days of manure generated
by the livestock operation on the lot; and
(b)
Be constructed in accordance with the applicable Building Codes
(e.g., Ontario Building Code, National Farm Building Code); and
(c)
Be constructed of concrete, masonry or metal; and
(d)
Have walls that extend 0.3 m (0.98 feet) or more above the
surrounding grade level and be covered with a suitable material or
be wholly enclosed within a livestock building.
(e)
Notwithstanding Clause (d) above, in the case of an uncovered tank,
have impervious walls that extend 1.8 m (5.91 feet) above the
average finished grade. Where a ramp is used in connection with an
uncovered tank, a 1.8 metre (5.91 foot) high safety fence and gate
shall be required at the top of the ramp and along the top of the walls
of the uncovered tank to a distance of 3.0 m (9.84 feet) from the sides
of the ramp.
Amended by By-law No. Z149-2012
(f)
Shall be required to provide the location of the nearest field drainage
tile by excavating a perimeter trench to a minimum depth of 1.5 m
(4.92 ft.) around the entire site of the liquid manure storage facility. If
a drainage tile is located underneath or within 15 m (49.21 ft.) of the
location of the liquid manure storage facility, then the drainage tile must
be rerouted, removed, or capped prior to the construction of the liquid
manure storage facility. Verification of this requirement shall be provided
by the land owner to the Chief Building Official, prior to the construction of
the liquid manure storage facility.
6.5.2
Structures for the storage of dry manure shall:
(a)
Consist of a concrete pad of sufficient size to accommodate 250 days
of manure generated by the livestock operation; and
(b)
Be constructed to contain run-off from the manure; and
(c)
Any liquid storage facility to store run- off from the dry manure shall
be an inground covered and sealed tank with at least 250 days liquid
storage capacity or shall be constructed in accordance with Section
6.5.1.
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Amended by By-law No. Z98-2007
6.5.3
All manure storage structures shall:
(a)
Be no closer than 30 m (98.43 feet) from any watercourse; and
(b)
Be no closer than 15 m (49.21 feet) from any field drainage tile; and
(c)
Comply with the Minimum Distance Separation formula II (MDS II).
Amended by By-law No. Z98-2007
6.5.4
Temporary Stockpiling of Manure The temporary stockpiling of solid
manure will be permitted in a field, in accordance with the following provisions:
6.5.4.1 The temporary stockpiling of manure not within a manure storage
facility shall be permitted for a maximum of 60 days.
6.5.4.2 Where the stockpiling of manure exceeds 60 days, such stockpile
shall be covered by an impermeable cover that is tied down. The
stockpiling of manure in excess of a period of 6 months from the date
of which the manure was delivered will require a permanent manure
storage facility.
6.5.4.3 The area for the temporary stockpiling of manure shall be located at
least:
(a)
30 m (98.43 ft.) from a property line;
(b)
200 m (656.17 feet) from the nearest residential dwelling;
(c)
100 m (328.08 feet) from a well; and
(d)
30 m (98.43 feet) from a watercourse, pond, open municipal
drain or water inlet.
Amended by By-law No. Z171-2014
6.6
Nutrient Management Plan Amended by By-law No. Z98-2007
No livestock facility shall be established or enlarged until a nutrient management
strategy/plan is completed where required by the Nutrient Management Act, as
amended from time to time.
6.7
Deleted by By-law No. Z98-2007
6.8
Woodlot Clearing Prohibition
The clearing of woodlots or forested areas or parts thereof shall be prohibited with
the exception of minor clearing where permitted in accordance with the County of
Perth Tree By- law.
6.9
Requirements for Kennels
New dog kennel buildings and structures and/or additions to existing dog kennel
buildings and/or structures must be located at a distance of not less than 150 m
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(492.12 feet) from a residential, commercial, industrial, institutional, and park and
recreational uses situated on adjacent lots and be located at a distance of not less
than 300 m (984.25 feet) from lands zoned Residential or Hamlet/Village Residential.
6.10
Requirements for Bed and Breakfast/Farm Vacation Establishments
As contained in Section 3.17 and 3.53 of this By-law.
6.11
Requirements for Home Occupations
As contained in Section 3.65 of this By-law.
6.12
Requirements for Secondary Farm Occupations
As contained in Section 3.135 of this By-law.
6.13
Special Provisions
Amended by By-law Nos. Z34-2002; Z192- 2017; and, Z201-2018
6.13.1 A-1
(a)
Location: All Lands within the "A-1" zone as shown on Schedule "A" to this
By-law.
(b)
Notwithstanding the provisions of Section 6.1 and 6.2 of this By-law to the
contrary, the only uses, buildings, and structures permitted on the land
located in the "A-1" zone shall be a non-farm residential use, in the form of a
single-detached dwelling, a home occupation in accordance with Section 3,
a bed and breakfast establishment in accordance with Section 3, and
accessory uses, buildings, and structures in accordance with Sections 3 and
5.
(c)
All other provisions of this By-law, as amended, shall apply.
Explanatory Note:
The "A-1" zone would apply to existing lots of record where a site-specific
rezoning has been approved in accordance with Section 5.5.15 the County of
Perth Official Plan.
Amended by By-law No Z201-2018 & Z307-2025
6.13.1.1 A-11
(a)
Location: Part of Lot 20, Concession 2, Fullarton Ward (3831 Road 160) (Key
Map 42).
(b)
Notwithstanding the corresponding provisions of Section 6.3.3.3 of this By-law
to the contrary, the minimum rear yard for the land in the "A-11" zone, as
shown on Key Map 42 of Schedule "A" to this By- law (also shown on
Schedule "A" to By-law No. Z201-2018) shall be 6.0 m.
(c)
All other provisions of this By-law, as amended, shall apply.
Added by By-law No. Z239-2020 & Z307-2025
6.13.1.2 A-12
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(a)
Location: Part of Lot 28, Concession East Mitchell Road, Fullarton Ward
(2574 Rd 137), on Key Map 61 of Schedule "A" to By-law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of Section 6.3.2 of By-law No.
100-1998 to the contrary, the minimum lot frontage for the land in the "A-12"
zone as shown on Key Map 61 of Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z239-2020) shall be 10.5 m.
Added by By-law No. Z247-2020
6.13.1.3 A-13
(a)
Location: Lot 11, Concession 7, Fullarton Ward on Key Map 48 of Schedule
"A" to By-law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of Section 6.3.1 of By-law No.
100-1998 to the contrary, the minimum lot frontage for a non-farm residential
lot in the "A-13" zone, as shown on Key Map 48 of Schedule "A" to this By-
law (also shown on Schedule "A" to By-law No. Z245-2020) shall be 8.75 m;
Added by By-law No. Z275-2022
6.13.1.5 A-15
(a)
Part Lot 6, Concession 12, Hibbert Ward
(b)
Notwithstanding Section 6.3.2 of this By-law, for the area zoned A-15 the lot
frontage will be 6.5 m (21.2 ft);
(c)
All other provisions of By-law No. 100-1998, as amended, shall apply.
6.13.1.6 A-16 - Deleted by By-law No Z307-2025
Added by By-law No. Z272-2022, Amended by By-law Z307-2025
6.13.1.6A A-16A
(a)
Location: Part Lot 22, Concession 8, Part 1, Plan 44R-2546 * part 1 Plan
44R-2652, Fullarton Ward (5808 Line 24), on Key Map 47 of Schedule "A"
to By-law No. 100-1998;
(b)
Notwithstanding Section 21.3 of this By-law, the minimum MDS I setback
for an existing swine barn will be 98m;
(c)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Added by By-law No. Z281-2023
6.13.1.8
A-18
(a)
Location: Lot 27, Concession 10, Hibbert Ward;
(b)
Notwithstanding Section 6.3.2 of this By-law, the minimum lot frontage will
be 9m;
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(c)
All other provisions of By-law No. 100-19998, as amended, shall apply.
Added by By-law No. Z291-2024
6.13.1.9 A-19
(a)
Location: Part Lots 8 & 9, Concession 1, Logan, as in R98776 save and
except HWP541, in the Municipality of West Perth (Key Map 19)
(b)
That the minimum rear yard depth shall be 4.8m for accessory structures
existing on the day of passing of this by-law;
(c)
All other application provisions of this By-law shall apply.
Added by By-law No. Z294-2024
6.13.1.10 A-110
(a)
Location: Lot 4, Concession 16, Logan, save and except Part 11, RD23; S/T
LO15523, in the Municipality of West Perth (5545 Perth Line 55) (Key Map
5);
(b)
Notwithstanding the provisions of Section 6.3 of By-law No. 100-1998 to the
contrary, the minimum rear yard depth requirement for accessory building
(former barn) existing on the day of passing of this by-law shall be 3m;
(c)
All other applicable provisions of this By-law shall apply.
Added by By-law No. Z305-2025
6.13.1.11 A-11
(a)
Location: Part Lot 4, Concession 1, Fullarton; North of Railroad as in
R297215 save and except easement therein, Municipality of West Perth (Key
Map 43);
(b)
Notwithstanding the provisions of Section 6.3 of By-law No. 100-1998 to the
contrary, the minimum lot frontage requirement shall be 26 m;
(c)
All other applicable provisions of this By-law shall apply.
Added by By-law No. Z308-2025
6.13.1.12 A-112
(a)
Location: Part Lot 29, Concession 18, as in Registered Plan 44R-2452, Parts
1 & 2 S/T R328307, Municipality of West Perth (Key Map 62);
(b)
Notwithstanding the provisions of Section 5.30.1 of By-law No. 100-1998 to
the contrary, the minimum rear yard depth for an existing pool shall be 6.2 m;
(c)
All other applicable provisions of this By-law shall apply.
Added by By-law No. Z310-2025
6.13.1.13 A-113
(a)
Location: Lot 7, East ½ Lot 8, Concession 12, Hibbert; Municipality of West
Perth (Key Map 55)
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(b)
Notwithstanding the provisions of Section 6.3.2 of By-law No. 100-1998 to
the contrary, the minimum lot frontage requirement shall be 13.9 m;
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z34-2002
6.13.2 A-2
(a)
Location: All lands within the A-2 zone.
(b)
Notwithstanding any provisions of this By-law to the contrary,
permitted uses in the A-2 zone shall be limited to agricultural uses
and buildings and structures necessary for the agricultural use,
excluding any new single-detached dwelling. Farm uses, having a
lot area of 22 hectares or larger, shall be permitted a
supplementary farm dwelling in the form of a non- permanent in
accordance with the provisions of Section 6.2(a) and the
applicable provisions of Sections 6.3 and 6.4 of this By- law.
(c)
All other applicable provisions of this By-law shall apply.
Explanatory Note:
The "A-2" zone applies to potential sand and gravel deposits identified in the
County of Perth Official Plan.
6.13.3 A-3
(a)
Location: All lands within the A-3 zone.
(b)
Notwithstanding any provisions of this By-law to the contrary, no dwelling or
mobile home shall be established in an "A-3" zone.
(c)
All other applicable provisions of this By-law shall apply.
Explanatory Note:
The A-3 zone would apply to existing lots of record where the County of Perth
Land Division Committee has required a prohibition of further residential
development upon the lot due to the approval of a land severance (generally,
as a result of the severance of a surplus farm dwelling from the farm).
Added by By-law No 307-2025
6.13.3. A-30
(a)
Location: Lot 29, Concession 3, Logan Ward (6736 Line 36), on Key Map
17 of Schedule "A" to By-law No. 100-1998;
(b)
Notwithstanding Section 6.3.3.2(b) of this By-law, the minimum rear yard
setback will be 4.6m;
(c)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Amended by By-law No. Z192-2017
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6.13.3.1 A-31
(a)
Location: Part of Lot 11, Concession 16, Logan Ward (Key Map 3).
(b)
Notwithstanding any provisions of this By-law to the contrary, no dwelling or
mobile home shall be established in an "A-31" zone, as shown on Key Map 3
of Schedule "A" to this By-law (also shown on Schedule "A" to By-law No.
Z192- 2017).
(c)
Notwithstanding the provisions of Section 6.3.1 of this By-law to the contrary,
the minimum lot area for the land in the "A-31" zone, as shown on Key Map
3 of Schedule "A" to this By-law (also shown on Schedule "A" to By-law No.
Z192- 2017) shall be 15.8 hectares.
(d)
All other provisions of this By-law, as amended, shall apply.
Amended by By-law No. Z277-2023
6.13.3.1.7 A-17
(a)
Location: Part Lot 29, Concession 1, Logan Ward (6720 Line 34)
(b)
The area zoned A-17 shall be subject to the provisions in Section 6.13.1 of
this By-law
(c)
For the area zoned A-17, notwithstanding, the provisions in Section 5.1.3 c) ii)
the required interior side yard setback shall be 1.05 m;
(d)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z195-2017 & By-law Z307-2025
6.13.3.2 A-32
(a)
Location: Part of Lots 28 and 29, Concession 11, Logan Ward (6690 Line
46), on Key Map 8 of Schedule "A" to By-law No. 100-1998
(b)
Notwithstanding any provisions of this By-law to the contrary, no dwelling or
mobile home shall be established in an "A-32" zone, as shown on Key Map
8 of Schedule "A" to this By-law (also shown on Schedule "A" to By-law No.
Z192- 2017).
(c)
Notwithstanding the provisions of Section 6.3.2 of this By-law to the
contrary, the minimum lot frontage for the land in the "A-32" zone (combined
with those lands within the "A-2" zone), as shown on Key Map 8 of
Schedule "A" to this By- law (also shown on Schedule "A" to By-law No.
Z195-2017) shall be 150.0 m.
(d)
All other provisions of this By-law, as amended, shall apply.
Amended by By-law No. Z195-2017
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6.13.3.3 A-33
(a)
Location: Part of Lot 16, Concession 14, Fullarton Ward (Key Map 67).
(b)
Notwithstanding any provisions of this By-law to the contrary, no dwelling or
mobile home shall be established in an "A-33" zone, as shown on Key Map
67 of Schedule "A" to this By-law (also shown on Schedule "A" to By-law No.
Z197- 2017).
(c)
Notwithstanding the provisions of Section 6.3.2 of this By-law to the
contrary, the minimum lot area and minimum lot frontage for the land in the
"A-33" zone (combined with those lands within the "NRE2" zone), as
shown on Key Map 67 of Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z197-2017) shall be 19.0 hectares and 120.0 m,
respectively.
(d)
All other provisions of this By-law, as amended, shall apply.
Amended by By-law No. Z277-2023 & Z307-2025
6.13.3.3.11 -311
(a)
Location: East Part Lot 29, Concession 1, Logan Ward (6720 Line 34), on
Key Map 17 of Schedule "A" to By-law No. 100-1998;
(b)
The area zoned A-311 shall be subject to the provisions in Section 6.13.1 of
this By-law;
(c)
For the area zoned A-311, the minimum lot area shall be 19.7 ha;
(d)
All other applicable provisions of this By-law shall apply.
Amended by By-law No Z201-2018 & Z307-2025
6.13.3.4 A-34
(a)
Location: Part of Lot 20, Concession 2, Fullarton Ward (3837 Rd 160), on Key
Map 42 of schedule "A" to By-law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of Section 6.3.3.1 of By-law No.
100-1998 to the contrary, the minimum interior side yard for an existing grain
silo on the land in the "A-34" zone, as shown on Key Map 42 of Schedule "A"
to this By-law (also shown on Schedule "A" to By-law No. Z201-
2018) shall be 10.0 metres;
(c)
All other provisions of this By-law, as amended, shall apply.
Amended by By-law No Z204-2018 & Z307-2025
6.13.3.5 A-35
(a)
Location: Part of Lot 24, Concession 7, Fullarton Road (5989 Line 26), on Key
Map 47 of Schedule "A" to By-law No. 100-1998;
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(b)
Notwithstanding the corresponding provisions of By-law No. 100-1998 to the
contrary, no dwelling or mobile home shall be permitted in an "A-35" zone, as
shown on Key Map 47 of Schedule "A" to By-law No. 100-1998;
(c)
Notwithstanding the corresponding provision of Section 6.3.1 of By-law No.
100-1998 to the contrary, the minimum lot area for agricultural uses on lands
in "A-35" zone, as shown on Key Map 47 of Schedule "A" to By- law No. 100-
1998 shall be 21 hectares;
(d)
All other provisions of By-law No. 100- 1998, as amended, shall apply
Added by By-law No. Z224-2019
6.13.3.6 A-36
(a)
Location: Part of Lot 15, Concession 7 (Logan Ward) (Key Map 13) on
Schedule "A" to the By-law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of By-law No. 100-1998 to
the contrary, no dwelling or mobile home shall be permitted in an "A-36"
zone, as shown on Key Map 13 of Schedule "A" to the By-law No. 100-
1998;
(c)
Notwithstanding the corresponding provisions of Section 6.3.1 of By-law No.
100-1998 to the contrary, the minimum lot area for agricultural uses on
lands in the "A-36" zone, as shown on Key Map 13 of Schedule "A" to the
By-law No. 100-1998 shall be 19.25 hectares;
(d)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Added by By-law No. Z232-2020, Amended by Z307-2025
6.13.3.6 A-36B
(a)
Location: Part of Lot 21, Concession 2, Logan Ward (4178 Rd 168), on Key
Map 17 of Schedule "A" to By-law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of Section 6.3.3 of By-law No.
100-1998 to the contrary, the minimum interior side yard for an existing barn
on the land in the "A-36B" zone, as shown on Key Map 17 pf Schedule "A" to
this By-law (also shown on Schedule "A" to the By-law No. Z232-2020) shall
be 3.75 metres;
(c)
All other provisions of this By-law, as amended, shall apply.
Added by By-law No. Z239-2020, Amended by By-law Z307-2025
6.13.3.7 A-37
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(a)
Location: Part of Lot 28, Concession East Mitchell Road, Fullarton Ward (5044
Line 12), on Key Map 61 on Schedule "A" to By-law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of Section 6.3.3.2 of By-law No.
100-1998 to the contrary, the minimum side yard for an existing barn on the
land in the "A-37" zone, as shown on Key Map 61 of Schedule "A" to this By-
law (also shown on Schedule "A" to the By-law No. Z239-2020) shall be 1.57
m.
Added by By-law No. Z245-2020, Amended by Z307-2025
6.13.3.8 A-38
(a)
Location: Part of Lot 8, Concession 7, Logan Ward (5700 Line 42), on Key
Map 15 of Schedule "A" to the By-law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of Section 6.3.1 of By-law No.
100-1998 to the contrary, the minimum lot area for a farm lot in the "A-38"
zone as shown on Key Map 15 of Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z245-2020) shall be 20.30 hectares;
(c)
Notwithstanding the corresponding provisions of Section 6.3.2 of By-law No.
100-1998 to the contrary, the minimum lot frontage for a farm lot in the "A-38"
zone as shown on Key Map 15 of Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z245-2020) shall be 155 m;
Added by By-law No. Z275-2022, Amended by By-law Z307-2025
6.13.3.9 A-39
(a)
Location: Part Lot 6, Concession 12, Hibbert Ward (2836 Rd 170);
(b)
Notwithstanding Section 6.3.3.1 for silos (d) of this By-law, the minimum
interior side yard setback will be 26m (85.3 ft.);
(c)
Notwithstanding Section 6.3.3.2 (d) of this By-law, the minimum interior side
yard setback will be 5m (16.4 ft.);
(d)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Added by By-law No. Z281-2023
6.13.3.12 A-312
(a)
Location: Lot 27, Concession 10 (Hibbert Ward) (Key Map 51);
(b)
Notwithstanding Section 6.3.1 of this By-law, the minimum lot area will be
18.9 ha;
(c)
Notwithstanding Section 6.3.2 of this By-law, the minimum lot frontage will
be 123.9m;
(d)
All other provisions of By-law No. 100-1998 as amended.
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Added by By-law No. Z290-2024
6.13.3.13 A-313
(a)
Location: Lot 10, Concession 6, Fullarton S/T Ful9899, in the Municipality of
West Perth (Key Map 49)
(b)
That the minimum interior side yard setback shall be 4.4m for structures
existing on the day of passing of this by-law;
(c)
All other applicable provisions of this By-law shall apply.
Added by By-law No. Z296-2024
6.13.3.14 A-314
(a)
Location: Lot 11, Concession 6, Logan; being the North 1/2; in the
Municipality of West Perth (Key Map 13)
(b)
Notwithstanding the provisions of Section 6.3 of By-law No. 100-1998 to the
contrary, the minimum lot area requirement for an agricultural use shall be
21.4 ha;
(c)
All other applicable provisions of this By-law shall apply.
Added by By-law No. Z295-2024
6.13.3.15 A-315
(a)
Location: Lot 20, Concession 14, Hibbert, in the Municipality of West Perth
(Key Map 64)
(b)
Notwithstanding the provisions of Section 6.3 of By-law No. 100-1998 to the
contrary, the minimum side yard setback requirement for building existing on
the day of passing of this by-law shall be 2.6m;
(c)
All other applicable provisions of this By-law shall apply.
Added by By-law No. Z305-2025
6.13.3.16
A-316
(a)
Location: Part Lot 4, Concession 1, Fullarton; North of Railroad as in
R297215 save and except easement therein, Municipality of West Perth (Key
Map 43);
(b)
Notwithstanding the provisions of Section 6.3 of By-law No. 100-1998 to the
contrary, the minimum lot area requirement for an agricultural use shall be
21.5 ha;
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law Z318-2026
6.13.3.17
A-317
(a)
Location: Part of Lot 22, Concession 12, Fullarton, Municipality of West Perth
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(Key Map 56)
(b)
Notwithstanding the provisions of Section 6.3.2 of By-law No. 100-1998 to
the contrary, the minimum lot frontage requirement shall be 178m;
(c)
All other applicable provisions of this By-law shall apply
Amended by By-law Z307-2025
6.13.4 A-4
(d)
Location: Part of Lot 23, Concession 5 (Logan Ward) (6488 Line 39), on Key
Map 12 of Schedule "A" to the By-law No. 100-1998, Lot 13 and Pt. of Lot 14,
Concession 8 (Logan Ward), on Key Map 13 of Schedule "A" to the By-law
No. 100-1998;
(e)
Notwithstanding any provisions of Section 6.1 of this By-law to the contrary,
a commercial greenhouse use shall be permitted as an additional permitted
use on the land in the "A-4" zone as shown on Schedule "A" to this By-law.
(f) All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z166-2014, Z173-2015 & Z307-2025
6.13.5 A-5
(a)
Location: Part of Lot 1, Concession 1 (Hibbert Ward) (6423 Line 34), on Key
Map 24 of Schedule "A" to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6.1 of this By-law to the contrary,
a use described as a silo and liquid manure tank construction sales, and
service business shall be permitted as an additional permitted use on the land
in the A-5 zone as shown on Key Map 24 of Schedule "A" to this By-law.
(c)
Notwithstanding the provisions of Section 6.1 and 6.2 of By-law No. 100- 1998
to the contrary, a farm-related industrial use described as a grain, cereal or
bean storage use and accessory uses shall be permitted on the land in the
"A-5" zone as shown on Key Map 25 of Schedule "A" to By-law No. 100-1998
(also shown on Schedule "A" to By-law No. Z173- 2015).The uses as
described above shall be within the most southerly existing building (62.4
metre X 24.4 metre) which is existing as of the date of adoption of By-law No.
Z173-2015 and within eight (8) storage silos, each with a maximum diameter
of 14.05 m. A grain dryer and associated cleaning facilities are also permitted
on the land in the "A-5" zone as shown on Key Map 25 of Schedule "A" to By-
law No. 100- 1998 (also shown on Schedule "A" to By-law No. Z173-2015).
(d)
All other provisions of By-law No. 100- 1998 shall apply.
Amended by By-law Z307-2025
6.13.6 A-6
(a)
Location: Part of Lot 2, Concession 1 (Hibbert Ward) (6471 Line 34), on Key
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Map 24 of Schedule "A" to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6.1 of this By-law to the contrary,
a use described as concrete mixing plant and accessory uses shall be
permitted as an additional permitted use on the land in the A-6 zone as shown
on Key Map 24 of Schedule "A" to this By-law.
(c)
Notwithstanding any provisions of Section 6 of this By-law to the contrary, the
following zone provisions shall apply to the concrete mixing plant and
accessory uses permitted in clause (b) above:
(i)
Minimum Front Yard
415 m;
(ii)
Minimum Easterly Side Yard 190 m;
(iii)
Minimum Westerly Side Yard 137 m;
(iv)
Minimum Rear Yard
60 m;
(v)
Maximum Lot Coverage
15 %;
(vi)
Maximum Gross
460 sq. Floor Area m.
(d)
All other applicable provisions of this By-law shall apply.
6.13.7 A-7-T
Explanatory Note: Temporary Use By-law Lapsed.
Amended by By-law Z307-2025
6.13.8 A-8
(a)
Location: Part of Lot 12, Concession 7 (Fullarton Ward) (5475 Line 26), on
Key Map 48 of Schedule "A" to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6.1 of this By-law to the contrary,
additional permitted uses described as a used farm equipment business
shall be permitted in the land within the "A-8" zone as shown on Key Map 48
of Schedule "A" to this By-law.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law Z307-2025
6.13.9 A-9
(a)
Location: Part of Lot 16, Concession 1 (Hibbert Ward) (3956 Matilda), on Key
Map 23 of Schedule "A" to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6.1 of this By-law to the contrary,
the only permitted uses in the land within the "A-9" zone as shown on Key Map
23 of Schedule "A" to this By- law shall be agricultural uses, excluding the
raising of livestock or poultry, one single-detached dwelling, two storage
buildings, a secondary farm occupation, a home occupation, and accessory
uses, buildings, and structure to the aforementioned permitted uses.
(c)
Notwithstanding the provision of Section 6 to the contrary, the following zone
provisions shall apply to the uses permitted in Clause (b) above:
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(i)
Minimum front yard for single detached dwelling and accessory
uses thereto shall be 7.5 m.
(ii)
Minimum front yard for all other buildings and structures shall be 45
m
(iii)
Minimum side yard for agricultural buildings and structures shall be
30 m. All other buildings shall have a minimum side yard of 4.5 m,
except the minimum southerly side yard (i.e. abutting the railway line)
for a single-detached dwelling shall be 70.2 m
(iv)
Minimum rear yard shall be 96 m except an existing storage building
situated on the southerly portion of the subject property shall have a
minimum rear yard of 66 m. The minimum rear yard for agricultural
buildings and structures and building and structures accessory
thereto shall be 30 m.
(d)
All other applicable provisions of this By-law shall apply.
Amended by By-law Z307-2025
6.13.10 A-10
(a)
Location: Part Lot 21, Concession 2 (Fullarton Ward) (3832 Rd 160), Key
Map 25 of Schedule "A" to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6.1 and Section 6.2 of this By- law
to the contrary, an existing single- detached dwelling and a business use
described as farm-related and non- farm related vehicle radiator repairs,
vehicle towing, general vehicle repairs, and accessory uses shall be permitted
on the land within the "A-10" zone as shown on Key Map 25 of Schedule "A"
to this By-law.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law Z307-2025
6.13.11 A-11
(a)
Location: Pt. Lot 26, West Boundary Concession (Fullarton Ward), on Key
Map 66 of Schedule "A" to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of this By-law to the contrary, the only
permitted uses in the land within the "A-11" zone as shown on Key Map 66 of
Schedule "A" to this By-law shall be agricultural uses, excluding buildings and
structures.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law Z307-2025
6.13.12 A-12
(a)
Location: Part Lot 16, Concession 5 (Fullarton Ward) (5631 Line 29), on Key
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Map 48 of Schedule "A" to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6 of this By-law to the contrary, a
constructed wetland facility for the purpose of collecting and treating barnyard
run-off shall be permitted in the land within the "A-12" zone as shown on Key
Map 48 of Schedule "A" to this By-law provided that such is operated without
any effect on ground water quality in the surrounding area.
(c)
Notwithstanding any provisions of Section 6 of this By-law to the contrary, the
minimum front yard and minimum easterly side yard for the constructed
wetland facility permitted by Clause (b) above shall be as they existed for this
facility prior to the passage of this By-law.
(d)
All other applicable provisions of this By-law shall apply.
Amended by By-law Z307-2025
6.13.13 A-13
(a)
Location: Part Lot 16, Concession 2 (Fullarton Ward) (3844 Rd 155), on Key
Map 42 of Schedule "A" to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6 of this By-law to the contrary,
an earthen pit storage area for the purpose of collecting run-off from a
livestock operation shall be permitted in the land within the "A-13" zone as
shown on Key Map 42 of Schedule "A" to this By-law provided that such is
operated without any effect on ground water quality in the surrounding area
and is enclosed by a safety fence constructed of steel or other suitable
material with a minimum 1.5 m high and safety provisions for an access gate.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law Z307-2025
6.13.14 A-14
(a)
Location: Part of Lot 23 and 24, Concession 18 (Fullarton Ward) (5134 Line
16), on Key Map 62 of Schedule "A" to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6.1 of this By-law to the contrary,
an additional permitted use described as a livestock trucking business and
accessory uses shall be permitted in the land within the "A-14" zone as shown
on Key Map 62 of Schedule "A" to this By-law.
(c)
All other applicable provisions of this By-law shall apply.
6.13.15 A-15 - Deleted by By-law Z307-2025
Amended by By-law Z307-2025
6.13.16
A-16
(a)
Location: Part Lot 16, Concession 3 (Hibbert Ward) (3720 P Rd 180), on
Key Map 22 of Schedule "A" to the By-law No. 100-1998;
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(b)
Notwithstanding any provisions of Section 6.1 of this By-law to the contrary,
additional permitted uses described as a small-scale feed, seed, and farm
supplies sales establishment shall be permitted in the land within the "A-16"
zone as shown on Key Map 22 of Schedule "A" to this By-law.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law Z307-2025
6.13.17
A-17
(a)
Location: Part Lot 22, Concession 12 (Fullarton Ward) (5896 Line 16), on
Key Map 56 of Schedule "A" to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6.1 of this By-law to the contrary,
additional permitted uses described as a custom grain drying and storage
operation shall be permitted in the land within the "A-17" zone as shown on
Key Map 56 of Schedule "A" to this By-law.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law Z307-2025
6.13.18
A-18
(a)
Location: Part of Lot 1, Concession 3 (Logan Ward) (5404 Line 36), on Key
Map 19 of Schedule "A" to the By-law No. 100-1998, Part of Lot 23 and 24,
Concession 8 (Hibbert Ward) (7340 P Line 24), on Key Map 44 of Schedule
"A" to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of this By-law to the contrary, additional
permitted uses described as a seed cleaning and sales operation and
accessory uses shall be permitted in the "A-18" zone as shown on Schedule
"A" to this By-law
(c)
All other provisions of this By-law, as amended, shall apply.
Amended by By-law Z307-2025
6.13.19 A-19
(a)
Location: Part Lot 14, Concession 7 (Hibbert Ward) (6933 Line 26), on Key
Map 45 to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6.1 of this By-law to the contrary,
additional permitted uses described as a custom grain processing and
storage o p e r a t i o n shall be permitted in the land within the "A-19" zone as
shown on Key Map 45 of Schedule "A" to this By-law.
(c)
All other applicable provisions of this By-law shall apply.
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Amended by By-law Z307-2025
6.13.20 A-20
(a)
Location: Lot 7, Concession 1 (Logan Ward) (5656 Line 49), on Key Map 19
to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6.1 of this By-law to the contrary,
an additional permitted use described as a home satellite, television and
electronics sales and service establishment shall be permitted in the land
within the "A-20" zone as shown on Key Map 19 of Schedule "A" to this By-
law.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law Z307-2025
6.13.21 A-21
(a)
Location: Lot 5, Concession WMR (Fullarton Ward) (5864 Line 26), on Key
Map 47 to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6.1 of this By-law to the contrary,
no supplementary farm dwelling shall be permitted in the land within the "A-
21" zone as shown on Key Map 47 of Schedule "A" to this By- law.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z22-2001 & Z307-2025
6.13.22 A-22
(a)
Location: Part Lot 7, Concession 12 (Logan Ward) (5673 Line 49), on Key
Map 9 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Section 6.3.1 of By-law No. 100-1998 to
the contrary, the minimum lot area for an agricultural use on the parcel of land
situated in the "A-22" zone as shown on Schedule "A" to this By-law (also
shown on Schedule "A" to By-law No. Z22-2001) shall be 20.0 hectares.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z22-2001
6.13.23 A-23
(a)
Location: Part Lot 7, Concession 12 (Logan Ward) (Key Map 9)
(b)
Notwithstanding the provisions of Section 6.3.1 of By-law No. 100-1998 to
the contrary, the minimum lot area for an agricultural use on the parcel of
land situated in the "A-23" zone as shown on Schedule "A" to this By-law
(also shown on Schedule "A" to By- law No. Z22-2001) shall be 20.0
hectares.
(c)
All other provisions of this By-law shall apply.
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Amended by By-law No. Z23-2001 Amended by By-law No. Z35-2002
6.13.24 A-24
(a)
Location: Part Lot 28, Concession 8 (Logan Ward) (Key Maps 10 and 12)
(b)
Notwithstanding the provisions of Sections 6.3.1 and 6.3.2 of By-law No. 100-
1998 to the contrary, the minimum lot area and the minimum lot frontage for
an agricultural use on the parcel of land situated in the "A-24" zone as shown
on Schedule "A" to this By-law (also shown on Schedule "A" to By-law No.
Z35-2002) shall be 19.0 hectares and 20.0 m, respectively.
(c)
All other provisions of this By-law shall apply.
6.13.25 A-25 - Deleted by By-law Z307-2025
Amended by By-law No. Z32-2002, Z181-2016 & Z307-2025
6.13.26 A-26
(a)
Location: Part Lot 24, Concession 12 (Logan Ward) (6546 Line 49), on Key
Map 7 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Sections 6.3.3.1 (d) and 6.3.3.2 (d) of By-
law No. 100-1998 to the contrary, the minimum easterly interior side yard for
one 14.6 diametre storage bin, greater than 10 m in height, and accessory
elevating devices located on the parcel of land in the "A-26" zone as shown
on Schedule "A" to this By-law (also shown on Schedule "A" to By-law No.
Z181-2016) shall be 0.65 m.
(c)
Notwithstanding the provisions of Sections 6.3.3.1 (d) and 6.3.3.2 (d) of By-
law No. 100-1998 to the contrary, the minimum easterly interior side yard for
three existing storage bins and accessory elevating devices situated on the
parcel of land in the "A-26" zone as shown on Schedule "A" to this By-law (also
shown on Schedule "A" to By-law No. Z181-2016) shall be 3.6 m.
(d)
All other provisions of By-law No. 100- 1998 shall apply.
Deleted by By-law No. Z149-2012, Amended by By-law No. Z40-2002
Added by By-law No. Z223-2019
6.13.27 A-27
(a)
Location: Part of Park Lot 1, Plan 285 (Logan Ward) (Key Map 29)
(b)
Notwithstanding the provisions of Section 6.2 (a) of By-law No. 100-1998 to
the contrary, one (1) Second Dwelling Unit is permitted within a detached
accessory structure in the A-27 zone. For the purposes of this regulation, a
"Second Dwelling Unit: shall mean a permanent self-contained residential
unit that is accessory to the primary dwelling unit or a single-detached
dwelling, and which contains its own kitchen and bathroom facilities.
(c)
The requirements for a Second Dwelling Unit in the A-27 Zone shall be as
follows:
(i)
The total floor area of the second dwelling unit shall be less than
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that of the primary dwelling unit and not exceed 112m2 (1,200 ft2)
(ii)
The Second Dwelling Unit shall not contain a home occupation and;
(iii)
One (1) Parking Space shall be provided.
(d)
All other applicable provisions of By-law No. 100-2998, as amended, shall
apply.
Amended by By-law No. Z42-2003 & Z307-2025
6.13.28 A-28
(a)
Location: Part Lot 14, Concession 3 (Fullarton Ward) (5551 Line 31), on
Key Map 42 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Sections 6.3.1 and 6.3.2 of By-law No. 100-
1998 to the contrary, the minimum lot area and minimum lot frontage for an
existing non-farm residential lot as enlarged through Consent Application
No. B37/02 on the land in the "A-28" zone as shown on Key Map 42 of
Schedule "A" to By- law No. 100-1998 (also shown on Schedule "A" to By-
law No. Z42-2003) shall be 3.1 hectares and 110 m, respectively.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z64-2005, Z307-2025
6.13.29 A-29
(a)
Location: Part of Lot 24, Concession 7 (Fullarton Ward) (3367 Road 164),
on Key Map 47 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Sections 6.3.1 and 6.3.2 of By-law No. 100-
1998 to the contrary, the minimum lot area and minimum lot frontage for an
existing non-farm residential lot as enlarged through Consent Application
No. B31/04 on the land in the "A-29" zone as shown on Key Map 47 of
Schedule "A" to By- law No. 100-1998 (also shown on Schedule "A" to By-
law No. Z64-2005) shall be 0.58 hectares and 65.0 m, respectively.
(c)
Notwithstanding the provisions of Section 6.3.3.3(d) of By-law No. 100- 1998
to the contrary, the minimum northerly interior side yard an existing non-farm
residential lot as enlarged through Consent Application No. B31/04 on the
land in the "A-29" zone as shown on Key Map 47 of Schedule "A" to By-law
No. 100-1998 (also shown on Schedule "A" to By-law No. Z64-2005) shall
be 27.0 m, respectively.
(d)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z70-2005 & Z307-2025
6.13.30 A-30
(a)
Location: Part of Lot 10, Concession 1 (Hibbert Ward) (3977 Road 179), on
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94 | P a g e
Key Map 24 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Section 5.33(g) of By-law No. 100- 1998 to
the contrary, a single- detached dwelling may be permitted on a 1,400 m2
parcel of land located in the "A-30" zone as shown on Key Map 24 of Schedule
"A" to By-law No. 100-1998 (also shown on Schedule "A" to By-law No. Z70-
2005).
(c)
Notwithstanding the provisions of Section 6.3.1 of By-law No. 100-1998 to
the contrary, the minimum lot area for an existing non-farm residential lot on
the land in the "A-30" zone as shown on Key Map 24 of Schedule "A" to By-
law No. 100-1998 (also shown on Schedule "A" to By-law No. Z70- 2005)
shall be 1,400 m2.
(d)
The provisions of Section 6.3.3.3, save and except Section 6.3.3.3 (c), of By-
law No. 100-1998 shall apply to any dwelling erected on the land located in
the "A-30" zone as shown on Key Map 24 of Schedule "A" to By-law No. 100-
1998 (also shown on Schedule "A" to By-law No. Z70-2005).
(e)
Notwithstanding the provisions of Section 6.3.3.3(c) of By-law No. 100- 1998
to the contrary, the minimum exterior side yard for an existing undersized lot
on the land in the "A-30" zone as shown on Key Map 24 of Schedule "A" to
By-law No. 100-1998 (also shown on Schedule "A" to By- law No. Z70-2005)
shall be 10.0 m.
(f)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z78-2005 & Z307-2025
6.13.31 A-31
(a)
Location: Part Lot 11, Concession 7 (Logan Ward) (4660 Road
160), on Key Map 13 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Sections 6.3.1 and 6.3.2 of By-law No. 100-
1998 to the contrary, the minimum lot area and minimum lot frontage for an
existing non-farm residential lot as enlarged through Consent Application
No. B23/05 on the land in the "A-31" zone as shown on Key Map 13 of
Schedule "A" to By- law No. 100-1998 (also shown on Schedule "A" to By-
law No. Z78-2005) shall be 0.40 hectares and 65.0 m, respectively.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z78-2005
6.13.32 A-32
(a)
Location: Part Lot 11, Concession 7 (Logan Ward) (Key Map 13)
(b)
Notwithstanding the provisions of Sections 6.3.1 of By-law No. 100-1998 to
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the contrary, the minimum lot area for an agricultural use on the land in the
"A-32" zone as shown on Key Map 13 of Schedule "A" to By-law No. 100- 1998
(also shown on Schedule "A" to By-law No. Z78-2005) shall be 20.5
hectares.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
6.13.33 A-33 Not Used
Amended by By-law No. Z89-2006
6.13.34 A-34
(a)
Location: Part Lot 10, Concession 14 (Hibbert Ward) (Key Map 65)
(b)
Notwithstanding the provisions of Section 6 of By-law No. 100-1998 to the
contrary, a Commercial Wind Energy Generation System consisting of one
wind turbine, a tower, a rotor, and associated controls and conversion
electronics, which has a rated capacity of not more than 800 kilowatts may
be permitted on the land in the "A-34" zone as shown on Key Map 65 of
Schedule "A" to By-law No. 100-1998 (also shown on Schedule "A" to By-law
No. Z89-2006).
(c)
Notwithstanding any provisions of By- law No. 100-1998 to the contrary, the
following zone provisions shall apply to a Commercial Wind Energy
Generation System as permitted by clause (b) above:
(i)
Front Yard, Minimum, 100 m;
(ii)
Rear Yard, Minimum, 100 m;
(iii)
Exterior Side Yard, Minimum 100 m;
(iv)
Side Yard, Minimum 100 m;
(v)
Tower Height, Maximum 80 m above average finished grade at site;
(vi)
Total Height, Maximum 100 m above average finished grade at site,
measured from base of tower to the top of the rotor at the highest
point in the rotation.
(d) Prior to the issuance of a building permit for the proposed wind turbine structure,
the property owner shall obtain all necessary permits and approvals from the
Ministry of the Environment for the proposed wind turbine structure, including a
Certificate of Approval for Noise, and submit same to the Municipality of West
Perth.
(e) All other applicable provisions of By- law No. 100-1998, as amended, shall apply.
Amended by By-law No. Z91-2007
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6.13.35 A-35
(a)
Location: Part Lot 3, Concession 7 (Fullarton Ward) (Key Map 49)
(b)
Notwithstanding the provisions of Section 6 of By-law No. 100-1998 to the
contrary, a concrete circular liquid manure tank with a maximum diameter of
30.48 m, a maximum depth of 3.66 m, and a maximum capacity of 2,450
cubic m shall be permitted on the land in the "A-35" zone as shown on Key
Map 49 of Schedule "A" to By-law No. 100-1998 (also shown on Schedule "A"
to By-law No. Z91-2007).
(c)
Notwithstanding any provisions of By- law No. 100-1998 to the contrary, the
following zone provisions shall apply to the concrete circular liquid manure
tank as permitted by clause (b) above:
(i)
Front Yard, Minimum,
435 m;
(ii)
Rear Yard, Minimum,
500 m;
(iii)
Easterly Side Yard, Minimum 95 m;
(iv)
Westerly Side Yard, Minimum 260 m.
(d)
For the purposes of Section 6.13.35 of By-law No. 100-1998, manure shall
mean: Untreated livestock urine and feces, run-off from farm-animal yards
and storages, wash waters from agricultural operations, bedding material,
organic materials from spilled feed or rotten feed, and may include seasonal
precipitation falling into open storage tanks, but shall not include any organic
industrial waste, any other biosolid, human waste or septage.
(e)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z99-2007 & Z307-2025
6.13.36 A-36
(a)
Location: Part Lot 1, Registered Plan. No. 285 (Logan Ward) (221 Frances
Street), on Key Map 29 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Section 6.3.3.3 (a) of By-law No. 100- 1998
to the contrary, the minimum front yard on the land in the "A-36" zone as
shown on Key Map 29 of Schedule "A" to By-law No. 100-1998 (also shown
on Schedule "A" to By- law No. Z99-2007) shall be 7.5 m.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z101-2008 & Z307-2025
6.13.37 A-37
(a)
Location: Part Lot 9, Concession 15 (Logan Ward) (5740 Line 53), on Key
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Map 5 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Sections 6.3.1 and 6.3.2 of By-law No. 100-
1998 to the contrary, the minimum lot area and minimum lot frontage for an
existing non-farm residential lot, as enlarged through Consent Application
No. B 11/07, on the land in the "A-37" zone as shown on Key Map 5 of
Schedule "A" to By- law No. 100-1998 (also shown on Schedule "A" to By-
law No. Z101- 2008) shall be 2,850 m2 and 44.0 m, respectively.
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z102-2008 & Z307-2025
6.13.38 A-38
(a)
Location: Part Lot 19, Concession 14 (Hibbert Ward) (7144 Line
17), on Key Map 64 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Sections 6.3.1 and 6.3.2 of By-law No.
100-1998 to the contrary, the minimum lot area and minimum lot frontage
for a farm lot, as modified through Consent Application Nos. B28/07 and
B29/07, on the land in the "A-38" zone as shown on Key Map 64 of Schedule
"A" to By-law No. 100-1998 (also shown on Schedule "A" to By-law No.
Z102- 2008) shall be 19.0 hectares and 125 m, respectively.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z102-2008 & Z307-2025
6.13.39 A-39
(a)
Location: Part Lot 19, Concession 14 (Hibbert Ward) (7146 Line 17), on Key
Map 64 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Sections 6.3.1 and 6.3.2 of By-law No.
100-1998 to the contrary, the minimum lot area and minimum lot frontage
for an existing non-farm residential lot, as modified through Consent
Application Nos. B28/07 and B29/07, on the land in the "A-39" zone as shown
on Key Map 64 of Schedule "A" to By-law No. 100-1998 (also shown on
Schedule "A" to By- law No. Z102-2008) shall be 0.9 hectares and 72.0 m,
respectively.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
6.13.40 A-40
Not used
Amended by By-law No. Z117-2009 & Z307-2025
6.13.41 A-41
(a)
Part of Lots 2, 3, 4, and 5, Registered Plan No. 307 (Fullarton Ward) (6015
Frank Street), on Key Map 39 to the By-law No. 100-1998;
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98 | P a g e
Amended by By-law No. Z149-2012
(a)
Notwithstanding the provisions of Section 6.3.1 of By-law No. 100-1998 to the
contrary, the minimum lot area for parcel of land situated within the
"Hamlet/Village Residential Zone (HVR-14)" zone and the "Agricultural Zone
(A-41)" zone as shown on Key Map 39 of Schedule "A" to By-law No. 100-
1998 (also shown on Schedule "A" to By-law No. Z117-2009 and Z132-2011)
shall be 3.7 hectares.
(b)
Notwithstanding the provisions of Section 6.3.1 of By-law No. 100-1998 to the
contrary, the minimum lot frontage for parcel of land situated within the
"Future Development Zone (FD)" zone and the "Agricultural Zone (A-41)" zone
as shown on Key Map 39 of Schedule "A" to By-law No. 100- 1998 (also shown
on Schedule "A" to By-law No. Z117-2009) shall be 20.5 m.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Deleted by By-law No. Z149-2012 Amended by By-law No. Z127-2010
6.13.42 A-42
Amended by By-law No. Z136-2011
6.13.43 A-43
(a)
Location: Part of Lot 33, Concession North Thames Road,
Fullarton Ward (Key Map 56)
(b)
Notwithstanding the provisions of Section 6.3.2 of By-law No. 100-1998 to the
contrary, the minimum lot frontage of an agricultural use in the "A-43" zone
as shown on Key Map 56 of Schedule "A" to By-law No. 100-1998 (also
shown on Schedule "A" to By-law No. Z136-2011) shall be 150 m.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z144-2012
6.13.44 A-44
(a)
Location: Part Lot 6, Concession 8, Fullarton Ward (Key Map 49)
(b)
Notwithstanding the provisions of Section 6.3.1 of By-law No. 100-1998 to the
contrary, the minimum lot area for an agricultural lot, as modified through
Consent Application Nos. B01/12 and B02/12, in the "A-44" zone as shown
on Key Map 49 of Schedule "A" to By-law No. 100-1998 (also shown on
Schedule "A" to By- law No. Z144-2012) shall be 19.5 hectares.
(c)
Notwithstanding the provisions of Section 6.3.3.2 of By-law No. 100- 1998
to the contrary, the minimum interior side yard for an existing shed (existing
as of the date of the passing of By-law No. Z144-2012) in the "A- 44" zone as
shown on Key Map 46 of Schedule "A" to By-law No. 100-1998 (also shown
on Schedule "A" to By- law No. Z144-2012) shall be 4.5 m.
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99 | P a g e
(d)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z144-2012 & Z307-2025
6.13.45
A-45
(a)
Location: Part of Lot 6, Concession 8, Fullarton Ward (3214 Road 145), on
Key Map 49 to the By-law No. 100-1998;
(b)
Notwithstanding any provision of By- law No. 100-1998 to the contrary, the
minimum lot area and lot frontage for a non-farm residential lot, as modified
through Consent Application Nos. B01/12 and B02/12, in the "A-45" zone as
shown on Key Map 49 of Schedule "A" to By-law No. 100-1998 (also shown
on Schedule "A" to By- law No. Z144-2012) shall be 0.65 hectares and 80
m respectively.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z148-2012 & Z307-2025
6.13.46.1
A-461
(a)
Location: Part of Lot 2, Concession 4, Logan Ward (5457 Line 39), on Key
Map 19 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Section 6.2 (a) of By-law No. 100- 1998 to
the contrary, one supplementary farm dwelling unit associated with the host
agricultural use shall be permitted within an existing permanent accessory
building (existing on the date of adoption of By-law No. Z148-2012) in the
"A-461" zone as shown on Key Map 19 of Schedule "A" to By-law No. 100-
1998 (also shown on Schedule "A" to By-law No. Z148-2012);
(c)
Notwithstanding the provisions of Section 6.3.6 of By-law No. 100-1998 to
the contrary, the minimum ground floor area for supplementary farm
dwelling unit associated with the host agricultural use in the "A-461" zone as
shown on Key Map 19 of Schedule "A" to By-law No. 100-1998 (also shown
on Schedule "A" to By-law No. Z148-2012) shall be 62 square metres and
shall be located no more than 75 metres from the main dwelling on the
farm;
(d)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z149-2012 & Z307-2025
6.13.46.2 A-462
(a)
Location: Part of Lot 21, Concession 12, Logan Ward (6409 Line 49), on
Key Map 7 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Section 6.3.1 of By-law No. 100-1998 to
the contrary, the minimum lot area for an agricultural use in the "A-462"
Municipality of West Perth - Zoning By-law
100 | P a g e
zone as shown on Key Map 7 of Schedule "A" to By-law No. 100-1998 shall
be 10 hectares;
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-Law No. 151-2013 & Z307-2025
6.13.47 A-47
(a)
Location: Part of Lot 27, Concession 13, Logan Ward (6638 Line 49), to Key
Map 2 to the By-law No. 100-1998
(b)
Notwithstanding any provision of By- law No. 100-1998 to the contrary, the
minimum lot area for a non-farm residential lot, as modified through Consent
Application No. B21/12, in the "A-47" zone as shown on Key Map 2 of
Schedule "A" to By-law No. 100-1998 (also shown on Schedule "A" to By-law
No. Z151-2013) shall be 3,000 m2.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-Law No. Z157-2013 & Z307-2025
6.13.48 A-48
(a)
Location: Part of Lot 27, Concession 13, Logan Ward (6638 Line 49), to Key
Map 2 to the By-law No. 100-1998
(b)
Notwithstanding any provisions of Section 6.1 of By-law No. 100-1998 to the
contrary, an additional use described as a custom grain processing, handling,
drying, and storing operation shall be permitted in the land within the "A-48"
zone as shown on Key Map 17 of Schedule "A" to By-law No. 100-1998 (also
shown on Schedule "A" to By-law No. Z157-2013).
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-Law No. Z161-2013 & Z307-2025
6.13.49 A-49
(a)
Location: Part of Lot 13, Concession 14 (Logan Ward) (5901 Line 53), to Key
Map 4 to the By-law No. 100-1998;
(b)
Notwithstanding any provision of Section 6.6 of By-law No. 100-1998 to the
contrary, the maximum number of livestock units for an intensive livestock
operation located on the land within the "A-49" zone as shown on Key Map 4
of Schedule "A" to By-law No. 100-1998 (also shown on Schedule "A" to By-
law No. Z161- 2013) shall be 700 livestock units.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-Law No. Z183-2016 & Z307-2025
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101 | P a g e
6.13.50
A-50
(a)
Location: Lot 12, Concession 6 (Logan Ward) (5871 Line 42), to Key Map
13 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Sections 6.3.3.1 (d) and 6.3.3.2 (d) of By-
law No. 100-1998 to the contrary, the minimum westerly interior side yard for
storage bins, greater than 10 m in height and accessory elevating devices
located on the parcel of land in the "A-50" zone as shown on Schedule "A" to
this By-law (also shown on Schedule "A" to By-law No. Z183-2016) shall be
19.0 m.
(c)
All other provisions of By-law No. 100- 1998 shall apply.
Amended by By-Law No. 185-2017 & Z307-2025
6.13.51
A-51
(a)
Location: Part of Lot 30, Concession 8 (Logan Ward) (4729 Rd 179) to Key
Map 10 and 12 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Sections 6.1 and 6.2 of By-law No. 100-
1998 to the contrary, an additional permitted use described as an access
driveway
from
Road 179 to
service
the
abutting
Agricultural
Commercial/Industrial use shall be permitted on the parcel of land in the "A-
51" zone as shown on Schedule "A" to this By-law (also shown on Schedule
"A" to By-law No. Z185- 2017).
(c)
All other provisions of By-law No. 100-1998 shall apply.
Added by By-Law No. 187-2017; Amended by By-law No. Z213-2018
& Z307-2025
6.13.52 A-52
(a)
Location: Lot 19 and Part of Lot 20, Concession 11 (Hibbert Ward) (7137
Line 21) to Key Map 52 to the By-law No. 100-1998;
(b)
Notwithstanding any provisions of Section 6.1 of By-law No. 100-1998 to the
contrary, an additional use described as an outdoor wedding reception
venue as described in paragraph (c) below shall be permitted on the land
within the "A- 52" zone as shown on Key Map 52 of Schedule "A" to By-law
No. 100-1998 (also shown on Schedule "A" to By- law No. 213-2018).
(c)
For the purposes of paragraph (b) above, an outdoor wedding reception
venue shall mean a place where a marriage ceremony is conducted in the
outdoors or in a non-permanent tent by an officiant in the presence of invited
guests and may include a celebration and/or meal and accessory uses such
as food presentation areas, parking areas, and permanent washroom
facilities.
(d)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
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Amended by By-Law No. 193-2017 & Z307-2025
6.13.54
A-54
(a)
Location: Part of Lot 20, Concession 6 (Fullarton Ward) (3419 Rd 160) to
Key Map 48 to the By-law No. 100-1998;
(b)
Notwithstanding the provisions of Section 6.3.1 of By-law No. 100-1998 to the
contrary, the minimum lot area for a non-farm residential lot, as modified
through Consent Application No. B28/17, located in the "A-54" zone as shown
on Key Map 48 of Schedule "A" to By-law No. 100-1998 (also shown on
Schedule "A" to By-law No. Z193-2017) shall be 1.3 hectares.
(c)
All other provisions of By-law No. 100- 1998, as amended, shall apply.
Amended by By-Law No. 204-2018 & Z307-2025
6.13.55 A-55
(a)
Location: East Part of Lot 6, West Mitchell Road (Fullarton Ward) (5815 Line
26) to Key Map 47 to the By-law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of Section 6.3.1 of By-law No.
100-1998 to the contrary, the minimum lot area for agricultural uses on lands
in the "A-55" zone, as shown on Key Map 47 of Schedule "A" to By- law No.
100-1998, shall be 21 hectares;
(c)
All other provisions of By-law No. 100- 1998, as amended, shall apply.
Amended by By-Law No. 209-2018
6.13.56 A-56
(a)
Location: Part of Lot 30, Concession 9, Logan Ward (Key Map 10).
(b)
Notwithstanding the corresponding provisions of Section 6.3.1 of this By- law
to the contrary, the minimum lot area for the area in the "A-56" zone, as
shown on Key Map 10 of Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z209- 2018) shall be 17.8 hectares (43.9 acres.
(c)
All other provisions of this By-law, as amended, shall apply.
Added by By-law No. Z243-2021 & Z307-2025
6.13.57 A-57
(a)
Location: Part of Lot 5, Concession 6, (Fullarton Ward) (3453 Rd 145) to Key
Map 50 to the By-law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of Section 6.3.2 of By-law No.
100-1998 to the contrary, the minimum lot frontage for a farm lot in the "A-57"
zone, as show on Key Map 50, Carlingford of Schedule "A" to this By-law
(also shown on Schedule "A" to By-law No. Z243-2021) shall be 146 m.
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Added by By-law No. Z272-2022 & Z307-2025
6.13.57A A-57A
(a)
Location: Part Lot 22, Concession 8, Part 1, Plan 44R-2546 * Part 1, Plan
44R-2652, Part Lot 11, Concession WMR, Part Lot 12, Concession 8
(Fullarton Ward) (5808 Line 24) to Key Map 50 to the By-law No. 100-1998;
(b)
Notwithstanding Section 6.3.1 of this By-law, the minimum lot area will be
15.3 ha (37.9 acres);
(c)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Added by By-law No. Z292-2024
6.13.59 A-59
(a)
Lot 18, Concession 14, Hibbert, Municipality of West Perth (Key Map 64)
(b)
That not more than 4 off-site resident employees shall be permitted for a
Custom Countertop Secondary Farm Occupation;
(c)
That a Custom Countertop Secondary Farm Occupation shall not occupy
more than 600 m2 of total floor area;
(d)
Notwithstanding anything in By-law No. 100-1998 to the contrary, the
maximum number of parking spaces required for a Custom Countertop
Secondary Farm Occupation up to 600 m2 in total floor area shall be 5
spaces.
(e)
All other applicable provisions of this By-law shall apply.
Added by By-law No. Z311-2025
6.13.60 A-60
(a)
Location: Part Lot 15, Concession 12, Logan, RP 44R-5179 Parts 2 & 3;
Municipality of West Perth (Key Map 8);
(b)
Notwithstanding the provisions of Section 6 of By-law No. 100-1998 to the
contrary, no dwelling, additional residential unit, and/or mobile home shall be
established in A-60 Zone;
(c)
All other applicable provisions of this By-law shall apply.
Added by By-law No. Z311-2025
6.13.61 A-61
(a)
Location: Lot 11, Concession 2, Hibbert, Municipality of West Perth (Key Map
22);
(b)
Notwithstanding the provisions of Section 6 of By-law No. 100-1998 to the
contrary, the minimum MDS I setback requirement for a dwelling accessory
to a farming operation, from a livestock operation located at 3867 Road 179,
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West Perth, shall be 168 m;
(c)
All other applicable provisions of this By-law shall apply.
Added by By-law No. Z325-2026
6.13.62 A-62
(a)
Location: legally described as East Part Lot 27, Concession 3, Subject to
HECP Easement, Hibbert, Municipality of West Perth (Key Map 20);
(b)
A principle dwelling associated with a farming operation shall be permitted as
an agricultural use;
(c)
A supplementary farm dwelling and/or an Additional Residential Unit shall not
be permitted;
(d)
All other applicable provisions of this By-law shall apply.
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SECTION 7 - AGRICULTURAL COMMERCIAL/ INDUSTRIAL
ZONE (ACM)
No person shall within any ACM Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
7.1
Permitted Uses, Buildings, and Structures
(a)
Animal clinic and/or operations providing animal husbandry services
(b)
A commercial greenhouse operation;
(c)
A farm equipment sales and/or service establishment;
(d)
A farm implement and machinery sales and/or service establishment;
(e)
Farm produce sales outlet;
(f)
Farm products processing business;
(g)
A farm related construction and/or contracting business;
(h)
A farm related storage/warehousing business;
(i)
A farm related welding business;
(j)
A farm supplies outlet;
(k)
A feed and/or fertilizer blending operation;
(l)
A feed mill;
(m)
A fuel supply depot;
(n)
A grain and seed storage, drying and/or cleaning facility;
(o)
A livestock assembly yard;
(p)
A livestock auction facility;
(q)
A livestock trucking depot;
(r)
Accessory uses, buildings, and structures, including an accessory office use
and an accessory retail outlet, but excluding any accessory residential use.
7.2
Requirements for Permitted Uses and Accessory Buildings and Structures
7.2.1
Lot Area, Minimum
2,700 sq. m (25,834.23 sq. ft.)
7.2.2
Lot Frontage,
45 m Minimum
(147.63 feet)
7.2.3
Front Yard,
15 m Minimum
(49.21 feet)
Amended by By-law No. Z98-2007
7.2.4
Interior Side Yard,
7.5 m Minimum (24.61 feet)
7.2.5
Exterior Side Yard,
15 m Minimum
(49.21 feet)
7.2.6
Rear Yard,
7.5 m Minimum (24.61 feet)
7.2.7
Lot Coverage,
40 % Maximum
7.2.8
Building Height,
12 m Maximum (39.37 feet)
7.2.9
Landscaped Requirements, Minimum A landscaping area in the form of a
planting strip shall be provided in accordance with the provisions of Section
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5.23 of this By-law adjacent to every portion of any lot line that abuts a
Residential Zone or an existing residential lot.
7.2.10
Servicing Requirement
Any agricultural commercial/industrial use shall be a "dry" use where the only
waste water discharges in addition to storm drainage are from ancillary
facilities/operations such as washrooms, cooling of machinery, and the
pressure testing of equipment. An agricultural commercial/industrial use shall
not be permitted if it produces liquid effluent or if it requires the direct
consumption of water.
7.2.11
Open Storage
Open storage shall be permitted in all yards other than the front yard, but in
no case shall be permitted closer than 3 m (9.84 feet) to a lot line.
Notwithstanding the foregoing, the display of farm machinery shall be
permitted in a front yard provided such display is no closer than 3 m (9.84
feet) from the front lot line.
7.2.12
Parking Requirements
As contained in Section 5.19 of this By-law.
Amended by By-law No. Z98-2007
7.2.13 Supplementary Requirements
The establishment of any new agricultural commercial/industrial use shall
satisfy the minimum distance separation requirements from adjacent livestock
facilities as determined through the application of the MDS I.
The enlargement of existing agricultural commercial/industrial uses shall satisfy
either the minimum distance separation requirement from adjacent livestock
facilities as determined through the application of the MDS I or be located no
closer to adjacent livestock facilities than the existing agricultural
commercial/industrial use.
7.3
Special Provisions
7.3.1
ACM-1
(a)
Location: Part of Lot 25, Concession 2 (Fullarton Ward) (Key Map 25)
(b)
Notwithstanding any provisions of this By-law to the contrary, the "ACM-1"
zone as shown on Schedule "A" (Key Map 25) to this By-law shall be used
only for the following:
(i) Buildings and structures for the purposes of a farm supply retail and
wholesale business;
(ii) An existing single-family dwelling as a residential use accessory to the
permitted use in paragraph (i) above;
(iii) Uses, buildings and structures accessory to the permitted uses in
paragraphs (i) and (ii) above.
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(c)
The minimum lot frontage and minimum lot area of the land in use "ACM-1"
zone for the uses permitted in clause (b) above shall be 42.18 m and
approximately 2,413.5 m2, respectively.
(d)
All other provisions of this By-law, as amended, shall apply.
7.3.2
ACM-2
(a)
Location: Part of Lot 21, Concession 1 (Fullarton Ward) (Key Map 25)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-2" zone as shown on Schedule "A" (Key Map 25) to this By-law shall
be used only for a use described as a lumber and building supply sales
business and accessory uses, excluding any accessory residential uses.
(c)
All other provisions of this By-law, as amended, shall apply.
7.3.3
ACM-3
(a)
Location: Part of Lot 21, Concession 1 (Fullarton Ward) (Key Map 25)
(b)
Notwithstanding the provisions of Section 7.1 of this By-law to the contrary, the
only permitted uses on the land in the "ACM-3" zone as shown on Schedule
"A" (Key Map 25) to this By-law shall be as follows:
(i)
A use described as a grain elevator complex including storage,
elevation equipment, truck hoist, drying, weighing facilities, railroad
spur lines, and other uses normal to the business of grain storage and
handling.
(ii)
A use described as a fertilizer and/or farm chemical sales, distribution,
and storage operation and other uses normal to the business of
fertilizer and farm chemical storage and handling.
(iii)
A use described as a grain and forage seed sales, distribution, and
storage operation.
(iv)
A use described as an agricultural feed supply business, including the
mixing and blending of agricultural feed supply ingredients.
(v)
Uses accessory to the foregoing permitted uses, including
administrative offices and a rail road spur line but excluding any
accessory residential use.
(c)
The uses referred to in Clause (b) above are permitted only if they are not
obnoxious by reason of the emission of odour, dust, smoke, gas, fumes,
noise, cinders, vibration, refuse matter,
(d)
Notwithstanding the provisions of Section 7 of this By-law to the contrary, the
following supplementary requirements shall apply to the land in the "ACM-3"
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zone:
(i)
All new buildings and structures (both detached and buildings
additions) shall be located at a distance of not less than 180 m from
neighbouring farm buildings, including farm dwellings;
(ii)
Notwithstanding the paragraph (i) above, a 24.4 metre X 21.3 metre
warehouse addition to the easterly end of the existing feed plant
building shall be permitted provided that the following criteria are met:
(A)
That the warehouse addition, including the exterior area of the
building addition, is used for warehouse/ storage purposes
only and is not used for manufacturing, processing, or any
other use;
(B)
That the warehouse addition is no closer than 87 m to the
existing farm dwelling on the northerly part of Lot 20,
Concession 1 (Fullarton Ward) and no closer than 140 m from
the existing barn on the northerly portion of Lot 20,
Concession 1 (Fullarton Ward). These distance separations
apply only to the subject warehouse addition and all other
buildings and structures, whether detached or attached, shall
satisfy the 180 metre distance requirements of Section
7.3.3(d)(i) above;
(C)
That there be no doors or doorways in the easterly end of the
warehouse addition, except as is required by the Ontario
Building Code;
(D)
That the existing diesel pump and storage area situation to
the east of the feed plant building be relocated to the south
of the feed plant building be relocated to the south of the feed
plant building. The relocation of the diesel pump and storage
areas shall occur prior to the construction of the warehouse
addition;
(E)
That the graveled yard and driveway area situation to the
east-end of the warehouse addition be located a minimum
distance of 45.75 m from the westerly limit of Road 160
roadway situated to the east of the subject property. The
northeast and southeast corner of the graveled yard and
driveway area shall be identified/marked by concrete filled
bumper posts;
(F)
That the warehouse additional shall be subject to the
Municipality of West Perth's site control plan requirements.
(e)
All other provisions of this By- law, as amended, shall apply.
Amended by By-law No. Z59-2004 and Z120-2009
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7.3.4
ACM-4
(a)
Location: Part of Lot 20, No. 100-1998 (also shown on Schedule "A" to By-law
No. Z59- 2004) shall be 800 m2.
(b)
All other provisions of this By-law, as amended, shall apply.
7.3.5
ACM-5
(a)
Location: Part of Lot 20, Concession 2 (Fullarton Ward) (Key Map 42)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-5" zone as shown on Schedule "A" to this By-law shall be used for the
purpose of a livestock and farm produce trucking operation and accessory
uses.
(c)
All other provisions of this By-law, as amended, shall apply.
7.3.6
ACM-6
(a)
Location: Part of Lot 10, Concession 2 (Fullarton Ward) (Key Map 43)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-6" zone as shown on Schedule "A" (Key Map 43) to this By-law shall be
used only for the following:
(i)
Buildings and structures for the purposes of a farm implement service
establishment, more specifically described as a farm machine shop-
garage;
(ii)
A residential use accessory to the permitted use in paragraph (i) above.
(c)
All other provisions of this By- law, as amended, shall apply.
7.3.7
ACM-7
(a)
Location: Pt. Lot 33 and 34, Concession 14 (Logan Ward) (Key Map 1)
Deleted by By-law No. Z49-2003, Amended by By-law No. Z238-2020
Part of Lot 20, Concession 11 (Logan Ward) (Key Map 8) Part of Lot 26,
Concession 4 (Fullarton Ward) (Key Map 25)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-7" zone as shown on Schedule "A" to this By- law shall be used only for
the following:
(i)
A fertilizer blending, storage, and sales business;
(ii)
An agricultural feed supply business;
(iii)
A grain and forage seed sales outlet;
(iv)
A grain and bean drying and storage business;
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(v)
A seed cleaning operation;
(vi)
Farm machinery and equipment repair
(vii)
Accessory uses.
(c)
All other provisions of this By-law, as amended, shall apply.
7.3.7.1 ACM-71
(a)
Location: Part of Lot 1, Concession 1, Hibbert Ward on Key Map 24 of
Schedule "A" to By-law No. 100-1998;
(b)
Lands within the ACM-71 zone shall be subject to the provisions of subsection
7.3.7, however notwithstanding the corresponding provisions of Section 7.2.2
and 7.3.7 of By-law No. 100-1998 to the contrary, the minimum required lot
frontage shall be 8.5 m and no side yard setback or rear yard setback shall be
required for any building or structure from an interior side lot line or a rear lot
line where the abutting property is zoned ACM-71.
(c)
All other provisions of By-law No. 100-1998, as amended, shall apply.
7.3.8
ACM-8
(a)
Location: Part of Lot 4, Concession 8 (Fullarton Ward) (Key Map 49) Part of Lot
1, Concession 4 (Logan Ward) (Key Map 19) Part of Lot 15, Concession 12 (Logan
Ward) (Key Map 8)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-8" zone as shown on Schedule "A" to this By-law shall be used only for
a use described as the repair, manufacturing, and fabricating of farm machinery
and equipment and accessory uses, buildings, and structures accessory
thereto, excluding any accessory residential use.
(c)
All other provisions of this By-law, as amended, shall apply.
7.3.9
ACM-9
Deleted by By-law No. Z149-2012
7.3.10 ACM-10
(a)
Location: Part of Lot 34, Concession STR (Fullarton Ward) (Key Map
57) Part of Lot 2, Concession 1 (Logan Ward) (Key Map 19) Part of Lot
14, Concession 9 (Logan Ward) (Key Map 8)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-10" zone as shown on Schedule "A" to this By-law shall be used only
for a farm implement and farm machinery sales and service establishment and
accessory uses, excluding any accessory residential use.
(c)
All other provisions of this By-law, as amended, shall apply.
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7.3.11 ACM-11
Deleted by By-law No. Z203-2018
7.3.12 ACM-12
(a)
Location: Part of Lot 33, Concession STR (Fullarton Ward) (Key Map 56)
(b)
In addition to the uses permitted by Section 7.1 of this By-law, a use described
as a truck/vehicle terminal for transporting livestock shall be permitted on the
land in the "ACM-12" zone as shown of Schedule "A" (Key Map 56) to this By-
law. The truck/vehicle terminal use shall include the storage, cleaning,
washing, and disinfecting of trucks/vehicles; the storage and/or treatment of
liquid and solid waste associated with the cleaning, washing and disinfecting
operations; the transfer of livestock from one truck/vehicle to another; and
accessory uses, including an accessory office use but excluding any
accessory residential use.
(c)
Notwithstanding the provisions of Section 7.1 of this By-law to the contrary,
the following uses are not permitted on the subject property:
(i)
Livestock assembly yards;
(ii)
Livestock auction facilities;
(iii)
Feed mill operations;
(iv)
Grain and seed storage, drying and cleaning facilities.
(d)
Notwithstanding any provisions of this By-law to the contrary, the maximum
gross floor area of all buildings and structures on the subject property shall
be 1,000 m2.
(e)
All waste water associated with the cleaning, washing, and disinfecting activities
shall be collected, stored, and treated on-site through the use of a Waterloo
Biofilter system approved by the applicable regulatory bodies (i.e. MOE,
OMAFRA). In the event that the installed Waterloo Biofilter system fails to
operate in an acceptable manner and it cannot be repaired so as to operate in
an acceptable manner, all waste water associated with the cleaning, washing,
and disinfecting activities must be collected and stored in an underground,
covered tank with sufficient capacity to store the generated waste water until it
is removed from the site for treatment and/or spreading off of the subject site.
The uses permitted by paragraph (b) above are permitted on the subject
property only if the above provisions of this paragraph are adhered to.
(f)
Any solid waste from the cleaning activities shall be collected and stored on-site
until such time as it is disposed of. It shall be stored on a cement pad with walls
to collect and/or hold any liquid associated with the waste. The size of the solid
storage area must be adequate to contain the total amount of waste generated
in a six-month period. The storage structure must be located either to the rear
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of the building area or to the south-west of the building area.
Amended by By-law No. Z104-2008
(g)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, the
following additional uses shall be permitted on the land in "ACM-12" zone as
shown on Key Map 56 of Schedule "A" to By-law No. 100-1998 (also shown on
Schedule "A" to By-law No. Z104-2008):
(i)
A non-farm industrial use described as
the manufacturing and
sale of wooden signs and urethane signs; and
(ii)
Accessory uses, excluding an accessory residential use.
Amended by By-law No. Z198-2017
(h)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, the
following additional uses shall be permitted on the land in "ACM-12" zone as
shown on Key Map 56 of Schedule "A" to By-law No. 100-1998 (also shown
on Schedule "A" to By-law No. Z198-2017):
(i)
A non-farm industrial use described as a micro- brewery; and
(i)
Accessory uses, including the retail sale of products brewed on-site,
promotional products (mugs, t-shirts etc.), local food products from
Ontario, a hospitality area, and a touring (or visitation) area.
(i)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, the
following provision shall apply to the permitted uses and permitted accessory
uses found in Section 7.3.12(h) above:
(i)
A non-farm industrial use described as a micro-brewery shall only be
permitted within the existing non-agricultural industrial building
(existing as of the date of passing of By- law No. Z198-2017). Additions
to this building for matters such as ventilation, emission control,
exhaust, and air conditioning shall be permitted;
(ii)
The retail sale of products brewed on-site, promotional products
(mugs, t-shirts etc.), and a hospitality area shall not exceed a total
gross floor area of 150 m2; and
(iii)
The retail sales of local food products from Ontario area shall not
exceed a gross floor area of 10 m2.
(j)
All other provisions of this By-law, as amended, shall apply.
7.3.13 ACM-13
(a)
Location: Part of Lot 15, Concession 1 (Dublin) (Hibbert Ward) (Key Map 23)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-13" zone as shown on Schedule "A" (Key Map 23) to this By-law shall
be used only for the following:
(i)
A grain and bean drying and storage business;
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(ii)
An agricultural feed and seed sales and supply business;
(iii)
A fuel sales business;
(iv)
A transport truck parking yard;
(v)
Accessory uses, excluding an accessory residential use.
(c)
All other provisions of this By- law, as amended, shall apply.
7.3.14 ACM-14
(a)
Location: Part of Lot 12, Concession 16 (Logan Ward) (Key Map 3)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-14" zone as shown on Schedule "A" to this By- law shall be used only
for the following:
(i)
A farm machinery and equipment sales and service business;
(ii)
A motor vehicle repair business including the safety inspection of
motor vehicles;
(iii)
Accessory uses, excluding an accessory residential use.
(c)
All other provisions of this By-law, as amended, shall apply.
7.3.15 ACM-15
(a)
Location: Part of Lot 15, Concession 7 (Logan Ward) (Key Map 13)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-15" zone as shown on Schedule "A" (Key Map 13) to this By-law shall
be used only for a plumbing and heating contractor establishment and
accessory uses to the foregoing, excluding residential uses.
(c)
All other provisions of this By-law, as amended, shall apply.
7.3.16 ACM-16
(a)
Location: Part of Lot 11, Concession 9 (Logan Ward) (Key Map 8)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-16" zone as shown on Schedule "A" (Key Map 8) to this By-law shall be
used only for the following:
(i)
A grain and bean drying and storage business;
(ii)
A seed cleaning and sales operation;
(iii)
A fertilizer blending, storage and sales operation;
(iv)
A chemical storage and sales operation;
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(v)
A retail propane filling station;
(vi)
Accessory uses, excluding an accessory residential use.
(c)
All other provisions of this By- law, as amended, shall apply.
7.3.17 ACM-17
Not used
7.3.18 ACM-18
(a)
Location: Lot 11 and Pt. Lot 1 and 12, Registered Plan No. 452 (Logan Ward)
(Key Map 10)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-18" zone as shown on Schedule "A" (Key Map 10) to this By-law shall
be used only for a fertilizer blending, storage, and sales business; a grain and
forage seed sales outlet; a farm supplies sales outlet; a barn white washing
and disinfecting business; chemical sales and custom spraying; a post office
retail outlet; and accessory uses to the foregoing, excluding residential uses.
(c)
All other provisions of this By- law, as amended, shall apply.
Amended by By-law No. Z98-2007
7.3.19 ACM-19
(a)
Location: Part of Lot 17, Concession 4 (Logan Ward) (Key Map 18)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-19" zone as shown on Schedule "A" (Key Map 18) to this By-law shall
be used only for a farm processing business, including pumping system and
settling tanks for soil contaminated wash water from the farm produce
processing business, and accessory uses, including an accessory residential
use in the form of a mobile home.
(c)
All other provisions of this By-law, as amended, shall apply.
Amended by By-law No. Z98-2007
7.3.20 ACM-20
(a)
Location: Part of Lot 16, Concession 2 (Logan Ward) (Key Map 27)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-20" zone as shown on Schedule "A" (Key Map 27) to this By-law shall
be permitted the full range of uses found in Section 7.1 of this By-law save
and except for a farm products processing business; a feed and/or fertilizer
blending operation; a feed mill; a fuel supply depot; a grain and seed storage,
drying and/or cleaning facility; a livestock assembly yard; a livestock auction
facility; or a livestock trucking.
(c)
All other provisions of this By-law, as amended, shall apply.
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Amended by By-law No. Z87-2006; Revised by By-law No. Z211-2018
7.3.21 ACM-21
(a)
Location: Part of Lot 13, Concession 1 (Fullarton Ward) (Key Map 42)
(b)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, the
following additional uses shall be permitted on the land in "ACM-21" zone as
shown on Key Map 42 of Schedule "A" to By-law No. 100-1998 (also shown
on Schedule "A" to By-law No. Z87-2006):
(i)
A recreational vehicle sales and service establishment;
(ii)
Accessory uses, including an accessory residential use.
(c)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, the
maximum area for an outdoor display area/ outdoor storage area shall be
3,200 m2.
(d)
All other provisions of this By-law, as amended, shall apply.
7.3.22 ACM-22
(a)
Location: Part of Lot 35, Concession 2 (Logan Ward) (Key Map 16)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-22" zone as shown on Schedule "A" to this By-law shall be used for the
purpose of a livestock and farm produce trucking operation, a motor vehicle
safety inspection establishment, and accessory uses, excluding any accessory
residential use.
(c)
All other provisions of this By- law, as amended, shall apply.
Amended by By-law No. Z71-2005
7.3.23 ACM-23
(a)
Location: Part of Lot 16, Concession 10 (Logan Ward) (Key Map 8)
(b)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, the
following additional uses shall be permitted on the land in "ACM-23" zone as
shown on Key Map 8 of Schedule "A" to By-law No. 100-1998 (also shown on
Schedule "A" to By-law No. Z71-2005):
(i)
An agricultural nutrient storage, transport, management, and
application business;
(ii)
Accessory uses, excluding any accessory residential use.
(c)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, an
agricultural nutrient storage, transport, management, and application
business is defined to mean a use of land, buildings, or structures where
nutrients for agricultural uses are kept in an on-site enclosed holding facility
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until such time as the nutrients may be delivered to the end user and includes
facilities for the storage, inspection, and repair of equipment and machinery
required for the operation of the business, and facilities for the administrative
tasks related to the operation of the business.
(d)
All other provisions of this By-law, as amended, shall apply.
Amended by By-law No. Z34-2002
7.3.24 ACM-24
(a)
Location: Part of Lot 35, Concession 13 (Logan Ward) (Key Map 1)
(b)
Notwithstanding any provisions of By-law No. 100-1998 to the contrary, the
land in the "ACM-24" zone as shown on Key Map 1 of Schedule "A" to By-law
No. 100- 1998 shall only be used for farm produce storage and accessory
uses, including an accessory residential use.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z49-2003
7.3.25 ACM-25
(a)
Location: Part of Lot 30, Concession 1 (Hibbert Ward) (Key Map 20)
(b)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, the land
in "ACM-25" zone as shown on Key Map 20 of Schedule "A" to By-law No. 100-
1998 (also shown on Schedule "A" to By-law No. Z49-2003) shall be used only
for the following:
(i)
A fertilizer blending, storage, and sales business;
(ii)
An agricultural feed supply business;
(iii)
A grain and forage seed sales outlet;
(iv)
A grain and bean drying and storage business;
(v)
A seed cleaning operation;
(vi)
Farm machinery and equipment repair;
(vii)
Accessory uses.
(c)
Notwithstanding the provisions of Section 7.2.4 of By-law No. 100- 1998 to the
contrary, the minimum interior side yard abutting a railway right-of-way or spur
line for any permitted use, building or structure on the land in "ACM-25" zone as
shown on Key Map 20 of Schedule "A" to By-law No. 100-1998 (also shown on
Schedule "A" to By-law No. Z49-2003) shall be 0.0 m.
(d)
All other provisions of this By- law, as amended, shall apply.
Amended by By-law No. Z119-2009
7.3.26 ACM-26
(a)
Location: Part of Lot 14, Concession 1 (Hibbert Ward) (Key Map 22)
(b)
Notwithstanding the provisions of Section 7.1 of By-law No. 100- 1998 to the
contrary, the only permitted uses on the land in the "ACM-26" zone as shown
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on Schedule "A" to this By-law (also shown on Schedule "A" to By-law No.
Z119-2009) shall be:
(i)
An existing single-detached dwelling and additions thereto;
(ii)
A farm machinery and equipment storage uses;
(iii)
Accessory uses.
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z141-2012
7.3.27 ACM-27
(a)
Location: Part of Lot 33, Concession 3, Logan Ward (Key Map 16)
(b)
Notwithstanding any provisions of this By-law to the contrary, the land in the
"ACM-5" zone as shown on Schedule "A" to this By- law (also shown on
Schedule "A" to By-law No. Z141-2012) shall be used for the purpose of a
livestock and farm produce trucking operation and accessory uses, including
an accessory dwelling.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z190-2017
7.3.29 ACM-29
(a)
Location: Part of Lot 16, Concession 8 (Hibbert Ward) (Key Map 45)
(b)
Notwithstanding the provisions of Section 7.1 of By-law No. 100- 1998 to the
contrary, only the following uses shall be permitted on the land within the
"ACM-29" zone as shown on Key Map 45 of Schedule "A" to By-law No. 100-
1998 (also shown on Schedule "A" to By-law No. Z190-2017):
(i)
Animal clinic and/or operations providing animal husbandry services;
(ii)
A Commercial greenhouse operation;
(iii)
A farm equipment sales and/or service establishment;
(iv)
A farm implement and machinery sales and/or service establishment;
(v)
Farm produce sales outlet;
(vi)
Farm products processing business in an enclosed building;
(vii)
A farm related construction and/or contracting business;
(viii)
A farm related storage/warehousing business;
(ix)
A farm related welding business;
(x)
A farm supplies outlet;
(xi)
Accessory uses, buildings, and structures, including an accessory
office use, an accessory retail outlet, and an accessory residential
use
(c)
Notwithstanding any provision of this By-law to the contrary, the following zone
provisions shall apply to any accessory residential use permitted by Clause (b)
above:
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(i)
Front Yard, Minimum
7.5 m;
(ii)
Northerly Interior Side Yard, Minimum
90.8 m;
(iii)
Southerly Interior Side Yard, Minimum
2.4 m;
(iv)
Rear Yard, Minimum
7.5 m;
(v)
Building Height, Maximum
10.5 m;
(vi)
Lot Coverage,
Maximum 5 per cent;
(vii)
Ground Floor Area,
Minimum 100 sq. m.
(d)
Notwithstanding any provision of this By-law to the contrary, the following zone
provisions shall apply to any accessory use to a permitted accessory
residential use permitted by Clause (c) above:
(i)
The provisions of Section 5.1.2, Section 5.1.3 (a), Section 5.1.3 (b)
and Section 5.1.3 (f) shall apply;
(ii)
Any accessory use to a permitted accessory residential use shall be
no closer than 90.8 m to the northerly interior side lot line and no closer
than 1.5 m to the southerly interior side lot line or rear lot line;
(iii)
Any accessory use to a permitted accessory residential use shall not
exceed 4.5 m in height;
(iv)
Any accessory use to a permtted accessory residential use shall not
exceed 1% of the lot area. The area of an open swimming pool which
is not enclosed by a building or structure shall not be included in the
calculation of lot coverage.
(e)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Amended by By-law No. Z188-2017
7.3.30 ACM-30
(a)
Location: Part of Lot 17, Concession 9 (Logan Ward) (Key Map 8)
(b)
Notwithstanding the provisions of Section 7.1 of By-law No. 100- 1998 to the
contrary, an additional use described as a church, temple, or other place of
religious worship shall be permitted on the land Municipality of West Perth -
Zoning By-law within the "ACM-30" zone as shown on Key Map 8 of Schedule
"A" to By-law No. 100-1998 (also shown on Schedule "A" to By-law No. Z188-
2017).
(c)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Amended by By-law No. Z301-2024
7.3.31 ACM-31
(a)
Location: Concession 12, Lot 22, West Perth (Key Map 56);
(b)
Notwithstanding the provisions of Section 7.2.8 of By-law No. 100-1998 to the
contrary, the maximum building height for existing buildings shall be 37 m;
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(c)
Notwithstanding the provisions of Section 7.2.4 of By-law No. 100-1998 to the
contrary, the minimum interior side yard width for existing buildings shall be 5
m;
(d)
All other applicable provisions of this By-law shall apply.
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SECTION 8 - HAMLET / VILLAGE RESIDENTIAL ZONE (HVR)
No person shall within any HVR Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
8.1
Permitted Uses
(a)
One single-detached dwelling on one lot;
(b)
One semi-detached dwelling on one lot;
(c)
One dwelling unit of a semi- detached dwelling on one lot;
(d)
One duplex dwelling on one lot;
(e)
Converted dwellings;
(f)
Bed and breakfast establishments in accordance with Section 3;
(g)
Home occupations in accordance with Section 3;
(h)
Accessory uses, buildings, and structures.
Amended by By-law No. Z98-2007
8.2
Requirements for single-detached dwellings, semi-detached dwellings on one
lot, one dwelling unit of a semi-detached dwelling on one lot, duplex
dwellings, converted dwellings.
8.2.1
Lot Area, Minimum
The minimum lot area shall be sufficient to accommodate a septic system approved
by the appropriate authority as well as the dwelling and accessory buildings, and
such shall not be less than the following:
(a)
Single detached dwelling:
2,000 sq. m (21,528.53 sq. ft)
(b)
Semi-detached dwelling:
2,800 sq. m (30,139.94 sq. ft)
(c)
One unit of a semi-detached dwelling: 1,400 sq. m (15,069.97 sq. ft)
(d)
Duplex dwelling:
2,800 sq. m (30,139.94 sq. ft)
(e)
Converted dwelling:
3,000 sq. m (32,292.78 sq. ft)
8.2.2
Lot Area, Maximum
4,000 sq. m (43,057.05 sq. ft)
8.2.3
Lot Frontage, Minimum
(a)
Single detached dwelling:
24 m (78.74 feet)
(b)
Semi-detached dwelling:
30 m (98.42 feet)
(c)
One unit of semi-detached dwelling: 15 m (49.21 feet)
(d)
Duplex dwelling:
30 m (98.43 feet)
(e)
Converted dwelling:
24 m (78.74 feet)
8.2.4
Front Yard, Minimum
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(a)
Dwellings
7.5 m (24.61 feet)
(b)
Accessory buildings and structures - 7.5 m (24.61 feet) or equal to the front
yard for the dwelling, whichever is greater.
8.2.5
Interior Side Yard, Minimum
(a)
Single detached dwelling, Duplex dwelling or Converted dwelling
(i)
With an attached garage or carport: 2.4 m (7.87 feet) on one side
and 1.5 m (4.92 feet) on the other side
(ii)
With no attached garage or carport: 6 m (19.69 feet) on one side
and 1.5 m (4.92 feet) on the other side
(b)
Semi-detached dwelling
(i)
With an attached garage or carport: 1.8 m (5.91 feet)
(ii)
With no attached garage or carport: 6 m (19.69 feet)
(c)
One unit of a semi-detached dwelling on one lot
(i)
With an attached garage or carport: 1.8 m (5.91 feet) on the side
opposite to the common lot line and 0 m (0 feet) along common lot
line side
(ii)
With no attached garage or carport: 6 m (19.69 feet) on the side
opposite to the common lot line and 0 m (0 feet) along common lot
line side
(d)
Accessory buildings
1.5 m and structures (4.92 feet)
8.2.6
Exterior Side Yard,
7.5 m Minimum (24.61 feet)
8.2.7
Rear Yard, Minimum
(a)
Dwellings
7.5 m (24.61 feet)
(b)
Accessory buildings
1.5 m and structures (4.92 feet)
Amended by By-law No. Z98-2007
8.2.8
Lot Coverage, Maximum
(a)Dwellings
30 %
(b)Accessory buildings and structures
In accordance with Section 5.1.
8.2.9
Building Height, Maximum
(a)
Dwellings 10.5 m (34.45 feet)
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(b)
Accessory buildings and structures
4.5 m (14.76 feet)
8.2.10 Ground Floor Area, Minimum
(a)
Single detached dwelling
90 sq. m (968.78 sq. feet)
(b)
Semi-detached 70 sq. m dwelling
(753.49 sq. ft)
(c)
One unit of 70 sq. m semi-detached (753.49 sq. feet) dwelling
(d)
Duplex dwelling 70 sq. m (753.49 sq. feet)
(e)
Converted 80 sq. m Dwelling per (861.14 sq. ft) unit
8.2.11 Landscaped Open Space Minimum
40 per cent
8.2.12 Parking Requirements
As contained in Section 5.19 of this By-law.
8.3
Requirements for Home Occupations
As contained in Section 3.65 of this By-law.
8.4
Requirements for Bed and Breakfast Establishments
As contained in Section 3.17 of this By-law.
8.5
Special Provisions
8.5.1
HVR-1
Amended by By-law No. Z149-2012
(a)
Location: Part of Lot 16, Concession 8 (Logan Ward (Key Map 14)
(b)
Notwithstanding any provisions of Section 8.1 of this By-law to the contrary,
an additional use described as a custom woodworking and carpentry
business shall be permitted on the land within the "HVR-1" zone as shown on
Schedule "A" to this By- law.
(c)
All other applicable provisions of this By-law shall apply.
8.5.2
HVR-2
(a)
Location: Part of Lot 24, Concession 1 (Hibbert Ward) (Key Map 21)
(b)
Notwithstanding any provisions of Section 8.1 of this By-law to the
contrary, an additional use described as a cabinet maker used in
association with an existing dwelling shall be permitted on the land within
the "HVR-2" zone as shown on Key Map 21 of Schedule "A" to this By-law.
Such additional use shall not exceed 75 m2 in size, shall be conducted
entirely indoors, and shall only be conducted by family members residing
in the existing dwelling. There shall be no outdoor storage.
(c)
All other applicable provisions of this By-law shall apply.
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Amended by By-law No. Z21-2001 Amended by By-Law No. Z163-2013
8.5.3
HVR-3
(a)
Location: Part Lot 16, Concession 11 & 12 (Logan Ward) (Key Map 8),
Part Lot 15, Concession 11 & 12 (Logan Ward) (Key Map 8), Part Lot 35,
Concession 2 (Logan Ward) (Key Map 16)
(b)
Notwithstanding the provisions of Section 8.1 of this By-law to the contrary,
the only uses permitted on the land within the "HVR-3" zone as shown on
Schedule "A" to this By-law shall be one single- detached dwelling on one
lot, a bed and breakfast, a home occupation, and accessory uses,
buildings, and structures.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z4-2000
8.5.4
HVR-4
(a)
Location: Part of Lot 29, Concession 8 (Formerly in the Township of
Logan) (Key Map 10)
(b)
Notwithstanding the provisions of Section 5.1.3 (e) of By-law No. 100-1998
to the contrary, the maximum gross floor area for all accessory buildings
and structures located in the "HVR-4" zone as shown on Key Map 10 of
Schedule "A" to By-law No. 100-1998 (also shown on Schedule "A" to By-
law No. Z4-2000) shall be 93 m2.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z37-2002
8.5.5
HVR-5
(a)
Location: Lots 67 and 68, Registrar's Compiled Plan No. 439 (Fullarton
Ward) (Key Map 39)
(b)
Notwithstanding the provisions of Section 5.1.3 (a) of By-law No. 100-1998
to the contrary, one accessory building used as a garage and for personal
storage shall be permitted in the exterior side yard of a lot in the "HVR-5"
zone as shown on Key Map 39 of Schedule "A" to By-law No. 100- 1998
(also shown on Schedule "A" to By-law No. Z37-2002) provided, however,
that the accessory building used as a garage and for personal storage shall
be located no closer than 7.6 m from the exterior lot line.
(c)
Notwithstanding the provisions of Section 5.1.3 (d) of By-law No. 100-1998
to the contrary, the maximum height for an accessory building used as a
garage and for personal storage in the "HVR-5" zone as shown on Key Map
39 of Schedule "A" to By-law No. 100- 1998 (also shown on Schedule "A" to
By-law No. Z37-2002) shall b e 4.75 m.
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(d)
Notwithstanding the provisions of Section 5.1.3 (e) of By-law No. 100-1998
to the contrary, the maximum gross floor area for one accessory building
used as a garage and for personal storage in the "HVR-5" zone as shown
on Key Map 39 of Schedule "A" to By- law No. 100-1998 (also shown on
Schedule "A" to By-law No. Z37-2002) shall be 150 m2.
(e)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z63-2004
8.5.6
HVR-6
(a)
Location: Part Lot 14, Concession 16 (Logan Ward) (Key Map 3)
(b)
Notwithstanding the provisions of Section 8.2.4 and 8.2.5 of By-law No.
100-1998 to the contrary, the minimum front yard and minimum westerly
interior side yard for a residential use on the land within the "HVR-6" zone
as shown on Key Map 3 of Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z63-2004) shall be 128 m and 86 m,
respectively.
(c)
Notwithstanding any provisions of By-law No. 100-1998 to the contrary,
the interior side yards, gross floor area, and building height for an existing
accessory building (existing as of the date of passing of By-law No. Z63-
2004) used for personal storage accessory to a residential use in the
"HVR-6" zone as shown on Key Map 3 of Schedule "A" to By- law No. 100-
1998 (also shown on Schedule "A" to By-law No. Z63- 2004) shall be as
they lawfully existed on the day of passing of By-law No. Z63-2004.
(d)
Notwithstanding the provisions of Section 5.1.3(e) of By-law No. 100- 1998
to the contrary, the existing accessory building used for personal storage
accessory to a residential use as permitted in clause (c) shall not be
included in the application of Section 5.1.3(e) of By-law No. 100-1998
as it applies to the land in the "HVR-6" zone as shown on Key Map 3 of
Schedule "A" to By-law No. 100- 1998 (also shown on Schedule "A" to By-
law No. Z63-2004).
(e)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z85-2006
8.5.7
HVR-7
(a)
Location: Part Lot 30, Concession 8, (Logan Ward) (Key Map 10)
(b)
Notwithstanding the provisions of Section 5.1.2 of By-law No. 100- 1998 to
the contrary, buildings used as a shed/shop for personal storage on the land
in the "HVR-7" zone as shown on Key Map 10 of Schedule "A" to By-law
No. 100- 1998 (also shown on Schedule "A" to By-law No. Z85-2006) shall
be permitted prior to the establishment of a residential dwelling on the
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subject property.
(c)
Notwithstanding the provisions of Section 5.1.3(e) of By-law No. 100- 1998
to the contrary, the maximum gross floor area for accessory buildings used
as a shed/shop for personal storage in the "HVR-7" zone as shown on Key
Map 10 of Schedule "A" to By-law No. 100- 1998 (also shown on Schedule
"A" to By-law No. Z85-2006) shall be 195 m2.
(d)
Notwithstanding any provisions of By-law No. 100-1998 to the contrary, the
Minimum Front Yard for buildings used as a shed/shop for personal storage
as permitted by Clause (a) above shall be15.0 m.
(e)
Notwithstanding the provision of Section 8.2.8 (b) to the contrary, the
maximum lot coverage for all accessory uses in the "HVR-7" zone as
shown on Key Map 10 of Schedule "A" to By-law No. 100- 1998 (also
shown on Schedule "A" to By-law No. Z85-2006) shall be 10%.
(f)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z97-2007
8.5.8
HVR-8
(a)
Location: Part Lot 28, Concession 8, (Logan Ward) (Key Map 10)
(b)
Notwithstanding the provision of Section 5.1.3(d) to the contrary, the
maximum building height for an accessory building used as a garage for
personal storage in the "HVR-8" zone as shown on Key Map 10 of
Schedule "A" to By-law No. 100-1998 (also shown on Schedule "A" to By-
law No. Z97- 2007) shall be 5.75 m.
(c)
Notwithstanding the provisions of Section 5.1.3(e) of By-law No. 100- 1998
to the contrary, the maximum gross floor area for an accessory building
used as a garage for personal storage in the "HVR-8" zone as shown on
Key Map 10 of Schedule "A" to By-law No. 100- 1998 (also shown on
Schedule "A" to By-law No. Z97-2007) shall be 115 m2.
(d)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z108-2008
8.5.9
HVR-9
(a)
Location: Lot 5, Registered Plan No. 548, Fullarton Ward (Key Map 57)
(b)
Notwithstanding the provisions of Section 5.1.3(e) of By-law No. 100- 1998
to the contrary, the maximum gross floor area for an accessory building
used as a garage for personal storage in the "HVR-9" zone as shown on
Key Map 57 of Schedule "A" to By-law No. 100- 1998 (also shown on
Schedule "A" to By-law No. Z108-2008) shall be 80 m2.
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(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z110-2009
8.5.10 HVR-10
(a)
Location: Part Lot 14, Concession 16 (Logan Ward) (Key Map 3)
(b)
Notwithstanding the provisions of Section 8.2.3 (a) of By-law No. 100-1998
to the contrary, the minimum lot frontage for a single- detached dwelling in
the "HVR-10" zone as shown on Key Map 3 of Schedule "A" to By-law No.
100- 1998 (also shown on Schedule "A" to By-law No. Z110-2009) shall be
15.0 m.
(c) All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z116-2009
8.5.11 HVR-11
(a)
Location: Part of Lot 35, North Thames Road Concession, Fullarton Ward
(Key Map 57)
(b)
Notwithstanding the provisions of Section 5.1.3(d) and Section 8.2.9 of By-
law No. 100-1998 to the contrary, the maximum height for an accessory
building used as a garage for personal storage in the "HVR-11" zone as
shown on Key Map 57 of Schedule "A" to By-law No. 100-1998 (also shown
on Schedule "A" to By-law No. Z116-2009) shall be 5.0 m.
(c)
Notwithstanding the provisions of Section 5.1.3(e) of By-law No. 100- 1998
to the contrary, the maximum gross floor area for an accessory building
used as a garage for personal storage in the "HVR-11" zone as shown on
Key Map 57 of Schedule "A" to By-law No. 100- 1998 (also shown on
Schedule "A" to By-law No. Z116-2009) shall be 130 m2.
(d)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z117-2009
8.5.12 HVR-12
(a)
Location: Part Lot 5, Registered Plan No. 307, Fullarton Ward (Key Map
39)
Amended by By-law No. Z149-2012
(b)
Notwithstanding any provisions of Section 8.1 of this By-law to the
contrary, an additional use described as a cabinet maker with an existing
dwelling shall be permitted as an accessory use on the land within the
"HVR-2" zone as shown on Key Map 39 of Schedule "A" to this By-law.
Such additional use shall not exceed 75 m2 in size, shall be conducted
entirely indoors, and shall only be conducted by family members residing
in the existing dwelling. There shall be no outdoor storage.
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(c)
Notwithstanding the provisions of Section 5.1.3(e) of By-law No. 100- 1998
to the contrary, the maximum gross floor area for existing accessory
buildings and structures (existing as of the date of passing of By-law No.
Z117-2009) in the "HVR-12" zone as shown on Key Map 39 of Schedule
"A" to By-law No. 100-1998 (also shown on Schedule "A" to By-law No.
Z117- 2009) shall be 375 m2.
(d)
Notwithstanding the provisions of Section 8.2.2 of By-law No. 100- 1998 to
the contrary, the maximum lot area for a parcel of land located within the
"HVR-12" zone as shown on Key Map 39 of Schedule "A" to By-law No. 100-
1998 (also shown on Schedule "A" to By-law No. Z117-2009) shall be
12,300 m2.
(e)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z118-2009
8.5.13 HVR-13
(a)
Location: Part Lot 2, Registered Plan No. 307, Fullarton Ward (Key Map 39)
(b)
Notwithstanding the provisions of Section 5.1.3(e) of By-law No. 100- 1998
to the contrary, the maximum gross floor area for an accessory building used
as a garage for personal storage in the "HVR-13" zone as shown on Key
Map 39 of Schedule "A" to By-law No. 100- 1998 (also shown on Schedule
"A" to By-law No. Z118-2009) shall be 120 m2.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z132-2011
8.5.14 HVR-14
(a)
Location: Part Lot 2, Registered Plan No. 307 Fullarton Ward (Key Map 39)
(b)
Notwithstanding the provisions of Section 8.1 of By-law No. 100- 1998 to
the contrary, the only permitted uses on the land in the "HVR-14" zone as
shown on Key Map 39 of Schedule "A" to By-law No. 100-1998 (also
shown on Schedule "A" to By-law No. Z132- 2011) shall be a private
driveway and accessory uses.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z134-2011
8.5.15 HVR-15
(a)
Location: Part Lot 12, Concession 16, Logan Ward (Key Map 3)
(b)
Notwithstanding the provisions of Section 5.1.3(e) of By-law No. 100- 1998
to the contrary, the maximum gross floor area for an accessory building
used as a shed for personal storage in the "HVR-15" zone and the "FD-8"
as shown on Key Map 3 of Schedule "A" to By- law No. 100-1998 (also
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shown on Schedule "A" to By-law No. Z134- 2011) shall be 85 m2.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z135-2011
8.5.16 HVR-16
(a)
Location: Part Lot 31, Concession 9, Logan Ward (Key Map 10)
(b)
Notwithstanding the provisions of Section 5.1.3(d) of By-law No. 100- 1998
to the contrary, the maximum height for an accessory building used as a
shed for personal storage in the "HVR-16" zone as shown on Key Map 10
of Schedule "A" to By-law No. 100-1998 (also shown on Schedule "A" to
By-law No. Z135-2011) shall be 4.5 m.
(c)
Notwithstanding the provisions of Section 5.1.3(e) of By-law No. 100- 1998
to the contrary, the maximum gross floor area for an accessory building
used as a shed for personal storage in the "HVR-16" zone as shown on
Key Map 10 of Schedule "A" to By-law No. 100- 1998 (also shown on
Schedule "A" to By-law No. Z135-2011) shall be 93 m2.
(d)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-Law No. Z160-2013
8.5.18 HVR-18
(a)
Location: Part of Lot 31, Concession 8, Logan Ward (Key Map 10)
(b)
Notwithstanding the provisions of Section 8.1 of By-law No. 100-1998 to the
contrary, an additional permitted use described as an automobile repair
establishment shall be permitted in an existing accessory building (existing
as of the date of adoption of By-law No. Z160-2013) on the land within the
"HVR-18" zone as shown on Key Map 10 of Schedule "A" to By-law No.
100-1998 (also shown on Schedule "A" to By-law No. Z160-2013)
(c)
Notwithstanding the provisions of Section 3.9 of By-law No. 100-1998 to the
contrary, as automobile repair establishment as permitted in clause (b)
above, shall not include any rust proofing, painting uses steam cleaning. An
automobile service station or an automobile wrecking yard are also not
permitted.
(d)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-Law No. Z172-2014
8.5.19 HVR-19
(a)
Location: Part of Lot 5, Concession 6, Fullarton Ward (Key Map 50)
(b)
Notwithstanding the provisions of Section 5.1.2 of By-law No. 100- 1998 to
the contrary, buildings used as a shed/shop for personal storage on the land
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in the "HVR- 19" zone as shown on Key Map 50 of Schedule "A" to By-law No.
100-1998 (also shown on Schedule "A" to By-law No. Z172-2014) shall be
permitted prior to the establishment of a residential dwelling on the subject
property.
(c)
Notwithstanding the provisions of Section 5.1.3(e) of By-law No. 100-1998
to the contrary, the maximum gross floor area for accessory buildings used
as a shed/shop for personal storage in the "HVR-19" zone as shown on Key
Map 50 of Schedule "A" to By-law No. 100-1998 (also shown on Schedule
"A" to By-law No. Z172-2014) shall be 40 m2.
(d)
Notwithstanding any provisions of By-law No. 100-1998 to the contrary, the
Minimum Front Yard for building used as a shed/shop for personal storage
as permitted by Clause (b) above shall be 35 m.
(e)
Notwithstanding any provisions of By-law No. 100-1998 to the contrary, the
Minimum Northerly Side Yard for building used as a shed/shop for personal
storage as permitted by Clause (b) above shall be 50 m.
(f)
All other provisions of By-law No. 100-1998 shall apply.
Added by By-Law No. Z212-2018, Amended by By-law Z307-2025
8.5.20 HVR-20
(a)
Location: Lot 26, Registered Plan No. 439, (Fullarton Ward) (6038 Fischer
Road) to Key Map 39 to By-law No. 100-1998.
(b)
Notwithstanding the corresponding provisions of Section 8.2.1 (a) of By-law
No. 100-1998 to the contrary, the minimum lot area for a single-detached
dwelling shall be 925 sq. m (9,956.62 sq. ft).
(c)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Added by By-law No. Z243-2021, Amended by By-law No. Z267-2022
8.5.21 HVR-21
(a)
Location: Part of Lot 5, Concession 6, Fullarton Ward on Key Map 50,
Carlingford of Schedule "A" to By-law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of Section 8.2.1 of By-law No.
100-1998 to the contrary, the minimum lot area for a residential lot in the
"HVR-21" zone, as shown on Key Map 50 Carlingford on Schedule "A" to
this By-law (also shown on Schedule "A" to by-law No. Z243-2021) shall be
1,800 m2 for a single-detached dwelling;
(i)
Notwithstanding Section 5.1.3 (d) of this By-law, for the area zoned
HVR-21, an accessory building will be permitted with a maximum
height of 7 m;
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(ii)
Notwithstanding Section 5.1.3 (e) of this By-law, for the area zoned
HVR-21, an accessory building will be permitted with a maximum
lot coverage of 11 %;
(iii)
All other provisions of By-law No. 100-1998, as amended, shall
apply.
Added by By-law No. Z268-2022, Amended by By-law Z307-2025
8.5.22
HVR-22
(a)
Location: East part Lot 16, Concession 9, Plan 479, Lot 1, (Logan Ward)
(4816 Road 164) to Key Map 8 to By-law No. 100-1998
(b)
Notwithstanding Section 8.2.2 of this By-law, for the area zoned HVR-22
the portion of the lot will be 8,232 m2;
(c)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Added by By-law No. Z284-2023
8.5.23 HVR-23
(a)
Location: Part of Lot 5, Concession 6 (Fullarton Ward) (Key Map 50);
(b)
Notwithstanding the corresponding provisions of Section 5.1.3 d) of this By-
law to the contrary, an accessory building is permitted in the "HVR-23" zone
with a height of 7m;
(c)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Added by By-law No. Z311-2025
8.5.24 HVR-24
(a)
Location: Part Lot 15, Concession 12, Logan, RP 44R-5179 Parts 2 & 3;
Municipality of West Perth (Key Map 8);
(b)
Notwithstanding the provisions of Section 8 of By-law No. 100-1998 to the
contrary, the maximum lot area requirement for the lands zoned "HVR-24:
shall be 4,600 m2;
(c)
That the lands zoned HVR-24 shall be subject to the provisions of Section
8.5.3 of the West Perth Zoning By-law;
(d)
All other applicable provisions of this By-law shall apply.
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SECTION 9 - MITCHELL RESIDENTIAL LOW-DENSITY ZONE
ONE (R1)
Amended by By-law No. Z34-2002
No person shall within any R1 Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
9.1
Permitted Uses, Buildings, and Structures
(a)
One single-detached dwelling on one lot;
(b)
A home occupation, in accordance with Section 3;
(c)
A bed and breakfast establishment, in accordance with Section 3;
Amended by By-law No. Z98-2007
(d)
A park, in accordance with Section 22; and
(e)
Accessory uses, buildings, and structures, in accordance with Sections 3
and 5.
9.2
Requirements for Single-Detached Dwellings
9.2.1
Lot Area, Minimum
(a)
Interior Lot 650 sq. m (6,996.8 sq. ft.)
(b)
Corner Lot 750 sq. m (8,073.2 sq. ft.)
9.2.2
Lot Frontage, Minimum
(a)
Interior Lot 18 m (59.05 ft.)
(b)
Corner Lot 21 m (68.69 ft.)
9.2.3
Front Yard - Minimum 7.5 m (24.61 ft.)
Amended by By-law Z307-2025
9.2.4
Interior Side Yard, Minimum
(a)
1.5 m (4.92 ft.) for a 1 storey dwelling
(b)
1.7 m (5.58 ft.) for a 2 storey dwelling where an attached garage or
carport is provided.
(c)
Where no attached garage or carport is provided, the minimum side yard
on 1 side of the dwelling shall be 4.5 m (14.76 ft.)
9.2.5
Exterior Side Yard - Minimum 6 m (19.69 ft.)
9.2.6
Rear Yard - Minimum 7.5 m (24.61 ft.)
9.2.7
Building Height - Maximum 10.5 m (34.45 ft.)
Amended by By-law Z307-2025
9.2.8
Lot Coverage for all Dwellings and Accessory Buildings/Structures, Maximum -
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45%
9.2.9
Ground Floor Area, Area Minimum - 100 sq. m (1,076.43 sq. ft.)
9.2.10 Landscaped Open, Space, Minimum 30 per cent
9.2.11 Parking Requirements
In accordance with the provisions of Section 5.19.
9.3
Requirements for Home Occupations As contained in Section 3.65 of this By-
law.
9.4
Requirements for Bed and Breakfast Establishments
As contained in Section 3.17 of this By-law.
9.5
Special Provisions
9.5.1
R1-1
(a)
Location: All Lands zoned "R1-1"
(b)
Notwithstanding the provisions of Section 9.2.3 to the contrary, the
minimum front yard requirement on the land in the "R1-1" zone as shown
on Schedule "A" to this By- law shall be 9.0 m.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z2-2000 Amended by By-law No. Z39-2002
9.5.1
R1-2
(a)
Location: Part of Lot 13, Concession 1 (formerly in the Township of Logan)
(Key Map 37)
(b)
Notwithstanding any provision of this By-law to the contrary, the following
additional uses shall be permitted on the land in the "R1-2" zone as shown
on Key Map 37 of Schedule "A" to this By-law (also shown on Schedule "A"
to By-law Nos. Z2-2000 and Z39-2002):
(i)
An animal hospital and veterinary clinic;
(ii)
A parking lot, including a parking lot for overflow parking associated
with the abutting Kingdom Hall;
(iii)
Accessory uses, building, and structures, excluding any open
storage.
(c)
Notwithstanding any provision of this By-law to the contrary, the zone
provisions of Section 16.2 of this By-law shall apply to any use, building or
structure permitted in clause (b) and located within the "R1-2" zone as
shown on Key Map 37 of Schedule "A" to this By-law (also shown on
Schedule "A" to By-law Nos. Z2-2000 and Z39-2002).
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(d)
All other provisions of this By-law shall apply.
9.5.3
R1-3
(a)
Location: Part of Park Lot 5, Registered Plan No. 339 (Key Map 32)
(b)
Notwithstanding any provision of this By-law to the contrary, the following
additional uses shall be permitted on the land in the "R1-3" zone as shown
on Key Map 32 of Schedule "A" to this By-law:
(i)
A Brewer Retail/Beer Store outlet;
(ii)
Accessory uses, building, and structures, excluding any open
storage.
(c)
The uses permitted in clause (b) above shall be subject to the provisions
of Section 16.2 of this By-law.
(d)
All other applicable provisions of this By-law shall apply.
9.5.4
R1-4
(a)
Location: Part of Park Lot 81, Registered Plan No. 341 (Key Map 37)
(b)
Notwithstanding the provisions of Section 9.2.2 (a) to the contrary, the
minimum lot frontage requirement on the land in the "R1-4" zone as shown
on Schedule "A" to this By- law shall be 4.5 m.
(c)
All other applicable provisions of this By-law shall apply.
Deleted by By-law No. Z149-2012 Added by By-law No. Z227-
2019
9.5.5
R1-5
(a) Location: Part of Park Lot 9, Plan 339, Mitchell Ward on Key Map 32 of Schedule
"A" to By-law No. 100- 1998;
(b) Notwithstanding the provisions of Section 9.2 of By-law No. 100-1998 to the
contrary, a single-detached dwelling shall be permitted in accordance with the
provisions of Section 10.2 of By-law No. 100-1998.
(c) All other provisions of By-law No. 100-1998, as amended, shall apply.
Deleted by By-law No. Z149-2012
9.5.6
R1-6
9.5.7
R1-7
(a)
Location: Part of Lot 13, Registered Plan No. 532 (Key Map 35)
(b)
Notwithstanding the provisions of Section 9.2.3 of this By-law to the
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contrary, the minimum front yard for any permitted building and/or structure
on the land in the "R1-7" zone as shown on Key Map 35 of Schedule "A" to
this By-law shall be the distance from the front lot line to a line joining two
points along the side lot lines. The points along the side lot lines shall be
determined by measuring back from the point of intersection of the front lot
line and the westerly side lot line a distance of 22.98 m to a point and
measuring back from the point of intersection of the front lot line and the
easterly side lot line a distance of 18.81 m to a point. The line formed by
joining the two aforementioned points along the side lot lines shall be the
minimum front yard setback and the area between this line and the front lot
line shall be the required front yard.
(c)
Notwithstanding the provisions of Section 9.2.4 of this By-law to the
contrary, the minimum interior side yard for the land in the "R1-7" zone as
shown on Key Map 35 of Schedule "A" to this By-law shall be 3.0 m on each
side of the dwelling.
(e)
Notwithstanding the provisions of Section 9.2.9 of this By-law to the
contrary, the minimum ground floor area for a dwelling erected in the "R1-
7" zone as shown on Key Map 35 of Schedule "A" to this By-law shall be
170 m2.
(f)
All other applicable provisions of this By-law shall apply.
9.5.8
R1-8
(a)
Location: Part Lots 12 and 13, Registered Plan No. 532 (Key Map 35)
(b)
Notwithstanding the provisions of Section 9.2.3 of this By-law to the
contrary, the minimum front yard for any permitted building and/or
structure on the land in the "R1-8" zone as shown on Key Map 35 of
Schedule "A" to this By-law shall be the distance from the front lot line to
a line joining two points along the side lot lines. The points along the side
lot lines shall be determined by measuring back from the point of
intersection of the front lot line and the westerly side lot line a distance of
18.81 m to a point and measuring back from the point of intersection of
the front lot line and the easterly side lot line a distance of 14.63 m to a
point. The line formed by joining the two aforementioned points along the
side lot lines shall be the minimum front yard setback and the area
between this line and the front lot line shall be the required front yard.
(c)
Notwithstanding the provisions of Section 9.2.4 of this By-law to the
contrary, the minimum interior side yard for the land in the "R1-8" zone as
shown on Key Map 35 of Schedule "A" to this By-law shall be 3.0 m on
each side of the dwelling.
(d)
Notwithstanding the provisions of Section 9.2.9 of this By-law to the
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contrary, the minimum ground floor area for a dwelling erected in the "R1-
8" zone as shown on Key Map 35 of Schedule "A" to this By-law shall be
170 m2.
(e)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z19-2001
9.5.9
R1-9
(a)
Location: Part of Park Lot 47, Registered Plan No. 339 (Mitchell Ward)
(Key Map 39)
(b)
Notwithstanding the provisions of Section 9.2.1 and 9.2.2 of By-law No.
100-1998 to the contrary, the minimum lot area and minimum lot frontage
for the land located within the "R1-9" zone together with the land in the "FD-
4" zone as shown on Schedule "A" to this By-law (also shown on Schedule
"A" to By-law No. Z19-2001) shall be 3.7 hectares and 160 m, respectively.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z45-2003
9.5.10 R1-10
(a)
Location: Part of Park Lot 4, Registered Plan No. 339 (Mitchell Ward) (Key
Map 31)
(b)
Notwithstanding the provisions of Section 9.2.1(a) of By-law No. 100- 1998
to the contrary, the minimum lot area for a single-detached dwelling on the
land in the "R1-10" zone as shown on Schedule "A" to this By-law (also
shown on Schedule "A" to By-law No. Z45- 2003) shall be 580 m2.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z45-2003
9.5.11 R1-11
(a)
Location: Part of Park Lot 4, Registered Plan No. 339 (Mitchell Ward) (Key
Map 31)
(b)
Notwithstanding the provisions of Section 9.2.6 of By-law No. 100- 1998
to the contrary, the minimum rear yard for an existing single- detached
dwelling on the land in the "R1-11" zone as shown on Schedule "A" to this
By-law (also shown on Schedule "A" to By-law No. Z45-2003) shall be 2.8
m.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z66-2005
9.5.12 R1-12
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(a)
Location: Lot 5, Registered Plan No. 437 (Mitchell Ward) (Key Map 31)
(b)
Notwithstanding the provisions of Section 9.2.1 (a) of By-law No. 100- 1998
to the contrary, the minimum lot area for an interior lot for the land in the
"R1-12" zone as shown on Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z66-2005) shall be 613 m2.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z66-2005
9.5.13 R1-13
(a)
Location: Part of Lot 6, Registered Plan No. 437 (Mitchell Ward) (Key Map
31)
(b)
Notwithstanding the provisions of Sections 9.2.1 (a) and 9.2.2 (a) of By-
law No. 100-1998 to the contrary, the minimum lot area and minimum lot
frontage for an interior lot for the land in the "R1-13" zone as shown on
Schedule "A" to this By-law (also shown on Schedule "A" to By-law No.
Z66-2005) shall be 473 m2 and 15.5 m, respectively.
(c)
Notwithstanding the provisions of Section 9.2.3 of By-law No. 100- 1998 to
the contrary, the minimum front yard for a dwelling erected on the land in the
"R1-13" zone as shown on Schedule "A" to this By- law (also shown on
Schedule "A" to By-law No. Z66-2005) shall be 9.1 m.
(d)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z68-2005
9.5.14 R1-14
(a)
Location: Part of Lot 15, Concession 2 and Lot 10 and Part of Lot 11,
Registered Plan No. 286 (Logan Ward) (Key Map 28)
(b)
Notwithstanding the provisions of Section 9.2.2 (a) of By-law No. 100- 1998
to the contrary, the minimum lot frontage for an interior lot for the land in the
"R1-14" zone as shown on Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z68-2005) shall be 17.0 m.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z113-2010
9.5.15 R1-15
(a)
Location: Part of Park Lot 48, Registered Plan No. 339 (Mitchell Ward) (Key
Map 39)
(b)
Notwithstanding the provisions of Section 9.2.6 of By-law No. 100- 1998 to
the contrary, the minimum rear yard for a dwelling in the "R1- 15" zone as
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137 | P a g e
shown on Key Map 39 of Schedule "A" to By-law No. 100- 1998 (also shown
on Schedule "A" to By-law No. Z113-2009) shall be 30 m.
(c)
Notwithstanding the provisions of Section 5.1.3 (d) of By-law No. 100-1998
to the contrary, the maximum height for an accessory building used as a
garage and for personal use/storage in the "R1-15" zone as shown on Key
Map 39 of Schedule "A" to By-law No. 100-1998 (also shown on Schedule
"A" to By-law No. Z113-2009) shall be 5.5 m and the uppermost peak of
the roof shall be no higher than 7.0 m above average finished grade.
(d)
Notwithstanding the provisions of Section 5.1.3 (e) of By-law No. 100- 1998
to the contrary, the maximum gross floor area for all accessory buildings
in the "R1-15" zone as shown on Key Map 39 of Schedule "A" to By-law
No. 100-1998 (also shown on Schedule "A" to By-law No. Z113-2009)
shall be 130.0 m2.
(e)
Notwithstanding any provision of By- law No. 100-1998 to the contrary, a
1.8 metre high solid wooden board on board fence shall be required along
the full length of the southerly lot line and shall be required along the
westerly lot line from the point of intersection of the southerly lot line,
northward a minimum distance of 35 m along the westerly lot line prior to
the occupancy of any dwelling in the "R1-15" zone as shown on Key Map
39 of Schedule "A" to By-law No. 100-1998 (also shown on Schedule "A"
to By-law No. Z113-2009).
(f)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Added by By-law No. Z218-2019 Deleted by By-law No. Z149-2012 Amended
by By-law No. Z130-2011
9.5.16 R1-16
(a)
Location: Lot 94, Plan 44M-24, Mitchell Ward on Key Map 31 of Schedule
"A" to By-law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of Section 9.1 of By-law No.
100-1998 to the contrary, one (1) Second Dwelling Unit is permitted within
a single detached dwelling in the R1-16 Zone. For the purposes of this
regulation, a "Second Dwelling Unit" shall mean a permanent self-
contained residential unit that is accessory to the primary dwelling unit of a
single detached dwelling, and which contains its own kitchen and bathroom
facilities, and that has an independent entrance directly to the outside or
through a common vestibule.
(c)
The requirements for a Second Dwelling Unit shall be as follows:
(i)
The total floor area of the second dwelling unit shall be less than
that of the primary dwelling unit and not exceed 98.5 m2 (1,060 ft²);
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(ii)
The Second Dwelling Unit shall not contain a home occupation; and,
(iii)
One (1) Parking Space shall be provided.
(d)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Added by By-law No. Z273-2022, Amended by Z307-2025
9.5.17 R1-17
(a)
Location: Part Park Lot 46, Plan 330 (Mitchell Ward) (22 Blanshard
Street) to Key Map 39 to By-law No. 100-1998;
(b)
Notwithstanding Section 9.2.3 of this By-law, the minimum front yard
setback with be 6.5m;
(c)
Notwithstanding Section 9.2.4 of this By-law, the minimum side yard
setback will be 1.4m;
(d)
Notwithstanding Section 5.1.3(e) of this By-law, the maximum lot
coverage for an accessory structure will be 186m2;
(e)
Notwithstanding Section 5.19.4 of this By-law, parking is permitted in the
front yard;
(f)
Notwithstanding Section 5.22.1 of this By-law, patios may project into the
side yard 2.6m;
(g)
All other provisions of By-law No. 100-1998, as amended, shall apply.
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SECTION 10 - MITCHELL RESIDENTIAL LOW-DENSITY ZONE
TWO (R2)
Amended by By-law No. Z34-2002
No person shall within any R2 Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
10.1
Permitted Uses, Buildings, and Structures
(a)
One single-detached dwelling on one lot;
(b)
A home occupation, in accordance with Section 3;
(c)
A bed and breakfast establishment, in accordance with Section 3;
Amended by By-law No. Z98-2007
(d)
A park, in accordance with Section 22; and
(e)
Accessory uses, buildings, and structures, in accordance with Sections 3 and 5.
10.2
Requirements for Single-Detached Dwellings
10.2.1 Lot Area, Minimum
Amended by By-law No. Z34-2002
(a)
Interior Lot
475 sq. m (5,130.2 sq.ft.)
(b)
Corner Lot
570 sq. m (6,135.6 sq.ft.)
10.2.2 Lot Frontage, Minimum
(a)
Interior Lot
15 m (49.21 ft.)
(b)
Corner Lot
18 m (59.06 ft.)
10.2.3 Front Yard, 6 m Minimum
(19.69 ft.)
Amended by By-law Z307-2025
10.2.4 Interior Side Yard Width, Minimum
(a)
1.5 m (4.92 ft.) for a 1 storey dwelling
(b)
1.7 m (5.58 ft.) for a 2 storey dwelling where an attached garage or
carport is provided.
(c)
Where no attached garage or carport is provided, the minimum side yard
on 1 side of the dwelling shall be 3.5 m (14.76 ft.)
10.2.5 Exterior Side Yard, 6 m Minimum
(19.69 ft.)
10.2.6 Rear Yard, Minimum, 7.5 m (24.61 ft.)
10.2.7 Building Height, 10.5 m Maximum (34.45ft.)
Amended by By-law Z307-2025
10.2.8 Lot Coverage for all Dwellings and Accessory Buildings/Structures,
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Maximum - 45%
10.2.9 Ground Floor Area, Minimum, 85 sq. m (914.96 sq. ft.)
10.2.10 Landscaped Open Space, Minimum 30 per cent
10.2.11 Parking Requirements
In accordance with the provisions of Section 5.19.
10.3
Requirements for Home Occupations
As contained in Section 3.65 of this By-law.
10.4
Requirements for Bed and Breakfast Establishment
As contained in Section 3.17 of this By-law.
10.5
Special Provisions
10.5.1 R2-1
(a)
Location: Lot 77, Registered Plan No. 339 (Key Map 36)
(b)
Notwithstanding any provision of this By-law to the contrary, the following
additional uses shall be permitted on the land in the "R2-1" zone as shown
on Key Map 36 of Schedule "A" to this By-law:
(i)
A warehousing use associated with a dairy manufacturing
business;
(ii)
Accessory uses, building, and structures, excluding any building for
human habitation.
The above uses shall not be obnoxious by reason of the emission
of odour, dust, smoke, gas, fumes, noise, cinders, vibration, refuse
matter, or water- carried waste.
(c)
All other applicable provisions of this By-law shall apply.
10.5.2 R2-2
(a)
Location: Part of Lot 354, Registered Plan No. 339 (Key Map 35)
(b)
Notwithstanding any provision of this By-law to the contrary, the following
additional uses shall be permitted on the land in the "R2-2" zone as shown
on Key Map 35 of Schedule "A" to this By-law:
(i)
An existing plumbing and wholesale, retail, and service business;
(i)
Accessory uses, building, and structures, excluding any open
storage.
(c)
All other applicable provisions of this By-law shall apply.
10.5.3 R2-3
(a)
Location: Part of Lot 230, Registered Plan No. 339 (Key Map 35)
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(b)
Notwithstanding the provisions of Sections 10.2.1 (b) and 10.2.2 (b) of this
By-law to the contrary, the minimum lot area and lot frontage for a corner
lot on the land in the "R2-3" zone as shown on Key Map 35 of Schedule
"A" to this By-law shall be 511 m2 and 16 m respectively.
(c)
Notwithstanding the provisions of Section 5.12.3 of this By-law to the
contrary, a minimum exterior side yard of 6.0 m shall be required on the
land in the "R2-3" zone as shown on Key Map 35 of Schedule "A" to this
By-law in the case where the existing dwelling on the property is totally
destroyed and beyond reconstruction and a new building is being
constructed.
(d)
All other applicable provisions of this By-law shall apply.
10.5.4 R2-4SC
(a)
Location: All lands within the R2-4SC zone (Key Map 36)
(b)
The lands located within the "R2- 4SC" zone as shown on Key Map 36 of
Schedule "A" to this By-law are designated as Secondary Commercial in
the Ward of Mitchell Official Plan. Pursuant to the requirements of Section
34 of the Planning Act, Council may consider Zoning By-law Amendment
applications to convert existing residential uses to Secondary Commercial
"C4" uses.
(c)
The provision of Section 10 of this By-law shall apply.
(d)
All other applicable provisions of this By-law shall apply.
10.5.5 R2-5CC
(a)
Location: All lands within the R2-5CC zone (Key Map 35)
(b)
The lands located within the "R2- 5CC" zone as shown on Key Map 35 of
Schedule "A" to this By-law are designated as Central Commercial in the
Ward of Mitchell Official Plan. Pursuant to the requirements of Section 34
of the Planning Act, Council may consider Zoning By-law Amendment
applications to convert existing residential uses to Core Area Commercial
"C1" uses.
(c)
The provision of Section 10 of this By-law shall apply.
(d)
All other applicable provisions of this By-law shall apply.
10.5.6 R2-6
(a)
Location: Part of Park Lot 13, Registered Plan No. 339 (Key Map 31)
(b)
Notwithstanding the provisions of Section 10.1 of this By-law the contrary,
an additional use described as two existing apartment dwellings shall be
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permitted in a detached building located to the south of the existing single-
detached dwelling on the land in the "R2-6" zone as shown on Key Map 31
of Schedule "A" to this By-law.
(c)
Notwithstanding the provisions of Section 10.2.4 of this By-law to the
contrary, the minimum northerly interior side yard for any existing permitted
building and/or structure on the land in the "R2-6" zone as shown on Key
Map 31 of Schedule "A" to this By-law shall be 0.9 m.
(d)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z6-2000
10.5.7 R2-7
(a)
Location: Part of Lot 125, Registered Plan No. 339 (Key Map 35)
(b)
Notwithstanding the provisions of Section 10.2.1 (b) and Section 10.2.2
(b) of By-law No. 100-1998 to the contrary, the minimum lot area and
minimum lot frontage for a corner lot on the land in the "R2- 7" zone as
shown on Schedule "A" to this By-law (also shown on Schedule "A" to By-
law No. Z6- 2000) shall be 535 m2 and 16.7 m, respectively.
(c)
Notwithstanding the provisions of Section 10.2.5 of By-law No. 100- 1998
to the contrary, the minimum southerly exterior side yard for an existing
dwelling on the land in the "R2-7" zone as shown on Schedule "A" to this
By-law (also shown on Schedule "A" to By-law No. Z6- 2000) shall be 2.0
m.
(d)
All other provisions of this By-law shall apply.
Amended by By-law No. Z15-2001
10.5.8 R2-8
(a)
Location: Part of Park Lot 45, Registered Plan No. 339 (Mitchell Ward) (Key
Map 39)
(b)
Notwithstanding the provisions of Section 10.2.2(a) of this By-law to the
contrary, the minimum lot frontage for a parcel of land located in the "R2-
8" zone as shown on Schedule "A" to By-law No. 100- 1998 (also shown
on Schedule "A" to By-law No. Z15-2001) shall be 13.8 m.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z27-2001
10.5.9 R2-9
(a)
Location: Part of Lot 5, Registered Plan No. 345 (Key Map 32)
(b)
Notwithstanding the provisions of Section 10.2.1 (b) and Section 10.2.2
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(b) of By-law No. 100-1998 to the contrary, the minimum lot area and
minimum lot frontage for a corner lot on the land in the "R2-9" zone as
shown on Schedule "A" to this By-law (also shown on Schedule "A" to By-
law No. Z27-2001) shall be 535 m2 and 16.8 m, respectively.
(c)
Notwithstanding the provisions of Section 10.2.4 of By-law No. 100- 1998
to the contrary, the minimum southerly exterior side yard for an existing
dwelling (existing on the day of adoption of By-law No. Z27-2001) on the land
in the "R2-9" zone as shown on Schedule "A" to this By- law (also shown
on Schedule "A" to By-law No. Z27-2001) shall be 1.46 m.
(d)
All other provisions of this By-law shall apply.
Amended by By-law No. Z34-2002
10.5.10 R2-10
(a)
Location: Part of Lot 130, Registered Plan No. 339 (Mitchell Ward) (Key
Map 35)
(b)
Notwithstanding the provisions of Section 10.2.3 of By-law No. 100- 1998
to the contrary, the minimum front yard for the land in the "R2-10" zone as
shown on Key Map 35 of Schedule "A" to By-law No. 100-1998 shall be 0.9
m.
(c)
Notwithstanding the provisions of Section 5.22 of By-law No. 100- 1998 to
the contrary, the only permitted encroachment into the front yard as set
out in clause (b) above shall be for the specific situations identified in
Section 5.22.1 of By-law No. 100-1998.
(d)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z48-2003
10.5.11 R2-11
(a)
Location: Part of Lot 69, Registered Plan No. 339 (Key Map 35)
(b)
Notwithstanding the provisions of Section 10.2.1 (b) and Section 10.2.2
(b) of By-law No. 100-1998 to the contrary, the minimum lot area and
minimum lot frontage for a corner lot on the land in the "R2-11" zone as
shown on Schedule "A" to this By-law (also shown on Schedule "A" to By-
law No. Z48- 2003) shall be 518 m2 and 16.0 m, respectively.
(c)
Notwithstanding the provisions of Section 5.1.3 (c)(i) of By-law No. 100-
1998 to the contrary, the minimum southerly exterior side yard for an
accessory building described as an existing garage (existing on the day of
adoption of By-law No. Z48-2003) on the land in the "R2-11" zone as shown
on Schedule "A" to this By-law (also shown on Schedule "A" to By-law No.
Z48-2003) shall be 0.9 m.
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(d)
Notwithstanding the provisions of Section 5.1.3 (e) of By-law No. 100- 1998
to the contrary, an accessory building described as an existing garage
(existing on the day of adoption of By-law No. Z48-2003) with a ground
floor area or 60 m2 (12 per cent lot coverage) shall be permitted on the land
in the "R2-11" zone as shown on Schedule "A" to this By-law (also shown
on Schedule "A" to By-law No. Z48- 2003).
(e)
All other provisions of this By-law shall apply.
Amended by By-law No. Z51-2003
10.5.12 R2-12
(a)
Location: Part of Lot 275, Registered Plan No. 339 (Key Map 35)
(b)
Notwithstanding the provisions of Section 10.2.1 (b) and Section 10.2.2 (b)
of By-law No. 100-1998 to the contrary, the minimum lot area and minimum
lot frontage for a corner lot on the land in the "R2-12" zone as shown on
Schedule "A" to this By-law (also shown on Schedule "A" to By-law No. Z51-
2003) shall be 545 m2 and 16.9 m, respectively.
(c)
Notwithstanding the provisions of Section 10.2.4 of By-law No. 100- 1998
to the contrary, the minimum northerly interior side yard for an existing one-
storey dwelling (existing on the day of adoption of By-law No. Z51-2003) on
the land in the "R2-12" zone as shown on Schedule "A" to this By-law (also
shown on Schedule "A" to By-law No. Z51-2003) shall be 1.1 m.
(d)
All other provisions of this By-law shall apply.
Amended by By-law No. Z61-2004
10.5.13 R2-13
(a)
Location: Part of Park Lot 46, Registered Plan No. 339 (Mitchell Ward)
(Key Map 39)
(b)
Notwithstanding the provisions of Section 10.2.3 of By-law No. 100- 1998
to the contrary, the minimum front yard for any permitted uses, buildings
or structures on the land located within the "R2-13" zone as shown on
Schedule "A" to this By- law (also shown on Schedule "A" to By-law No.
Z61-2004) shall be 3.0 m.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z65-2005
10.5.14 R2-14
(a)
Location: Part of Block B, Registered Plan No. 349 (Mitchell Ward) (Key
Map 35)
(b)
Notwithstanding the provisions of Sections 10.2.1 (a) and 10.2.2 (a) of By-
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145 | P a g e
law No. 100-1998 to the contrary, the minimum lot area and minimum lot
frontage for the parcel of land in the "R2-14" zone as shown on Key Map
35 of Schedule "A" to By-law No. 100-1998 (also shown on Schedule "A"
to By-law No. Z65-2005) shall be 448 m2 and 14.0 m, respectively.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z65-2005
10.5.15 R2-15
(a)
Location: Part of Block B, Registered Plan No. 349 (Mitchell Ward) (Key
Map 35)
(b)
Notwithstanding the provisions of Sections 5.1.3 (e) of By-law No. 100-
1998 to the contrary, the maximum lot coverage for accessory buildings
used as a garage and for personal storage in the "R2-15" zone as shown
on Key Map 35 of Schedule "A" to By-law No. 100-1998 (also shown on
Schedule "A" to By-law No. Z65- 2005) shall be 16 per cent.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z80-2006
10.5.16 R2-16
(a)
Location: Lot 12, Registered Plan No. 368 (Mitchell Ward) (Key Map 36)
(b)
Notwithstanding the provisions of Section 5.1.3 (d) of By-law No. 100- 1998
to the contrary, the maximum height for an accessory building used as a
garage and for personal use/storage in the "R2-16" zone as shown on Key
Map 36 of Schedule "A" to By-law No. 100-1998 (also shown on Schedule
"A" to By-law No. Z80-2006) shall be 5.0 m and the uppermost peak of the
roof shall be no higher than 7.0 m above average finished grade.
(c)
Notwithstanding the provisions of Section 5.1.3 (e) of By-law No. 100- 1998
to the contrary, the maximum ground floor area for one accessory building
used as a garage and for personal use/storage in the "R2-16" zone as
shown on Key Map 36 of Schedule "A" to By-law No. 100- 1998 (also shown
on Schedule "A" to By-law No. Z80-2006) shall be 65.0 m2.
(d)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z94-2007
10.5.17 R2-17
(a)
Location: Part of Lot 52, Registered Plan No. 339 (Mitchell Ward) (Key
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146 | P a g e
Map 35)
(b)
Notwithstanding the provisions of Section 10.2.2 (b) of By-law No. 100-
1998 to the contrary, the minimum lot frontage for a corner lot in the "R2-
17" zone as shown on Key Map 35 of Schedule "A" to By- law No. 100-
1998 (also shown on Schedule "A" to By-law No. Z94- 2007) shall be 17.8
m.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z94-2007
10.5.18 R2-18
(a)
Location: Part of Lot 52 and Part of Lot 379, Registered Plan No. 339
(Mitchell Ward) (Key Map 35)
(b)
Notwithstanding the provisions of Section 10.2.3 of By-law No. 100- 1998
to the contrary, the minimum front yard for an existing single- detached
residential dwelling and an existing garage (existing as of the day of
passing of By-law No. Z94-2007) in the "R2-18" zone as shown on Key
Map 35 of Schedule "A" to By-law No. 100-1998 (also shown on Schedule
"A" to By-law No. Z94-2007) shall be 4.2 m.
(c)
Notwithstanding the provisions of Section 10.2.4 of By-law No. 100- 1998
to the contrary, the minimum westerly interior side yard for an existing
single-detached residential dwelling, existing attached garage, and
existing frame shed (existing as of the day of passing of By-law No. Z94-
2007) in the "R2-18" zone as shown on Key Map 35 of Schedule "A" to By-
law No. 100-1998 (also shown on Schedule "A" to By-law No. Z94-2007) shall be
as it lawfully existed on the day of passing of By- law No. Z94-2007.
(d)
Notwithstanding the provisions of Section 10.2.6 of By-law No. 100- 1998
to the contrary, the minimum rear yard for two existing frame sheds
(existing as of the day of passing of By-law No. Z94-2007) in the "R2-18"
zone as shown on Key Map 35 of Schedule "A" to By-law No. 100-1998
(also shown on Schedule "A" to By-law No. Z94- 2007) shall be as it
lawfully existed on the day of passing of By-law No. Z94-2007.
(e)
Notwithstanding the provisions of Section 10.2.8 of By-law No. 100- 1998
to the contrary, the maximum lot coverage for all permitted buildings and
structures in the "R2- 18" zone as shown on Key Map 35 of Schedule "A"
to By-law No. 100- 1998 (also shown on Schedule "A" to By-law No. Z94-
2007) shall be 45 per cent.
(f)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
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Amended by By-law No. Z103-2008
10.5.19 R2-19
(a)
Location: Part of Lot 215, Registered Plan No. 339 (Mitchell Ward) (Key Map
36)
(b)
Notwithstanding the provisions of Section 10.2.1 (b) of By-law No. 100-
1998 and Section 10.2.2 (b) of By- law No. 100-1998 to the contrary, the
minimum lot area and minimum lot frontage for a corner lot in the "R2-19"
zone as shown on Key Map 36 of Schedule "A" to By-law No. 100-1998
(also shown on Schedule "A" to By-law No. Z103-2008) shall be 540 m2
and 16.8 m, respectively.
(c)
Notwithstanding any provisions of Section 10.2 of By-law No. 100- 1998
to the contrary, the minimum front yard, exterior side yard, and rear yard
an existing single- detached residential dwelling, attached cover porch and
stairs, and an existing garage (existing as of the day of passing of By-law
No. Z103-2008) in the "R2-19" zone as shown on Key Map 36 of Schedule
"A" to By-law No. 100-1998 (also shown on Schedule "A" to By-law No.
Z103-2008) shall be as they lawfully existed on the day of passing of By-
law No. Z103-2008.
(d)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z107-2008
10.5.20 R2-20
(a)
Location: Part of Lot 201, Registered Plan No. 339 (Mitchell Ward) (Key
Map 36)
(b)
Notwithstanding the provisions of Section 10.2.1 (b) of By-law No. 100-
1998 and Section 10.2.2 (b) of By-law No. 100-1998 to the contrary, the
minimum lot area and minimum lot frontage for a corner lot in the "R2-20"
zone as shown on Key Map 36 of Schedule "A" to By- law No. 100-1998
(also shown on Schedule "A" to By-law No. Z107- 2008) shall be 525 m2
and 16.3 m, respectively.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z107-2008
10.5.21 R2-21
(a)
Location: Part of Lot 201, Registered Plan No. 339 (Mitchell Ward) (Key
Map 36)
(b)
Notwithstanding the provisions of Section 10.2.1 (a) of By-law No. 100- 1998
and Section 10.2.2 (a) of By- law No. 100-1998 to the contrary, the
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minimum lot area and minimum lot frontage for an interior lot in the "R2-21"
zone as shown on Key Map 36 of Schedule "A" to By-law No. 100-1998
(also shown on Schedule "A" to By-law No. Z107-2008) shall be 450 m2 and
14.0 m, respectively.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z114-2009
10.5.22 R2-22
(a)
Location: Part of Lot 379, Registered Plan No. 339 (Mitchell Ward) (Key
Map 35)
(b)
Notwithstanding the provisions of Section 10.2.2 (a) of By-law No. 100-
1998, the minimum lot frontage for a interior lot in the "R2-22" zone as
shown on Key Map 35 of Schedule "A" to By-law No. 100-1998 (also shown
on Schedule "A" to By-law No. Z114-2009) shall be 14.8 m.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z122-2010
10.5.23 R2-23
(a)
Location: Part of Lot 405 and 427, Registered Plan No. 339 (Mitchell Ward)
(Key Map 36)
(b)
Notwithstanding the provisions of Section 10.2.5 of By-law No. 100- 1998,
the minimum exterior side yard for an attached carport as described in
Section (c) below and located in the "R2-23" zone as shown on Key Map
36 of Schedule "A" to By-law No. 100-1998 (also shown on Schedule "A"
to By-law No. Z122-2010) shall be 1.5 m.
(c)
Notwithstanding the provisions of Section 3.24 of By-law No. 100- 1998 to
the contrary, an attached carport, as permitted in Section (b) above, shall
have its north and east perimeter faces open and unobstructed by any wall
or door. This provision shall not prohibit a supporting post or pier at the
north east corner area of the attached carport.
(d)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
10.5.24 R2-24 - not used
10.5.25 R2-25 - not used
Amended by By-law No. Z126-2010
10.5.26 R2-26
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(a)
Location: Part of Lots 76 and 94, Registered Plan No. 339 (Mitchell Ward)
(Key Map 36)
(b)
Notwithstanding the provisions of Section 5.1.2 of By-law No. 100- 1998,
an accessory use described as a detached residential garage shall be
permitted without a main residential use in the "R2-26" zone as shown on
Key Map 36 of Schedule "A" to By-law No. 100- 1998 (also shown on
Schedule "A" to By-law No. Z126-2010).
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Deleted by By-law No. Z149-2012 Amended by By-law No. Z130-2011
10.5.27 R2-27
Amended by By-law No. Z154-2013
10.5.28 R2-28
(a)
Location: Part of Lot 17, Registrar's Complied Plan 478 (Mitchell Ward)
(KeyMap 32)
(b)
Notwithstanding the provisions of Section 5.1.3 (e) of By-law No. 100-
1998, the maximum gross floor area for an accessory use described as a
detached residential storage garage in the "R2-28" zone as shown on Key
Map 32 of Schedule "A" to By-law No. 100-1998 (also shown on Schedule
"A" to By-law No. Z154- 2013) shall be 90 m2.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z184-2016
10.5.29 R2-29
(a)
Location: Lot 356, Registered Plan No. 339 (Mitchel Ward) (Key Map 32)
(b)
Notwithstanding the provisions of Section 5.19.2 of By-law No. 100- 1998,
two driveways shall be permitted to serve the residential lot located in the
"R2-29" zone as shown on Key Map 35 of Schedule "A" to By-law No. 100-
1998 (also shown on Schedule "A" to By-law No. Z184-2016).
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
Added by By-law No. Z236-2020
10.5.30 R2-30
(a)
Location: Part of Park Lot 4, Registered Plan No. 339 (Mitchell Ward) (Key
Map 31);
(b)
Notwithstanding the provisions of Section 10.2.2 (a) to the contrary, the
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minimum interior lot frontage for a lot in the "R2-30" zone as show on Key
Map 31 of Schedule "A" to the By-law No. 100-1998 (also shown on
Schedule "A" to the By-law No. Z236-2020) shall be 14.5 m;
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Added by By-law No. Z287-2023
10.5.31
R2-31
(a)
Location: Part Block B, Plan 349 (60 Victoria Street), Mitchell Ward,
Municipality of West Perth
(b)
Notwithstanding Section 10.2.1(a) of this By-law, the minimum lot area will
be 373.1 m2
(c)
Notwithstanding Section 10.2.2(a) of this By-law, the lot frontage will be
11.7 m.
(d)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Added by By-law No. Z285-2023
10.5.32
R2-32
(e)
Location: Lots 1 to 9 as identified on the Schedule A shall be zoned R2-32-
H11 on Key Map 35, and Lots 21-29 as identified on Schedule A shall be
zoned R2-32-H11 on Key Map 34.
(f)
The area zoned R2-32 shall be subject to the provisions in Section 10.5.32
of this By-law
(g)
Notwithstanding Section 10.2.5 of this By-law, for the area zoned R2-32,
the exterior side yard setback shall be 4.5 m
(h)
The site triangle provisions in Section 5.16 of this By-law apply to the area
zoned R2-32
(i)
Notwithstanding Section 10.2.4 of this By-law, for the area zoned R2-32,
the minimum side yard setback for a 2 storey dwelling shall be 1.5 m
(j)
Notwithstanding Section 5.22.2 of this By-law, for the area zoned R2-32, a
covered or uncovered deck or patio shall be permitted to project into the
required rear yard a distance of not more than 2.5 m, provided that the floor
level of such structure is not greater than 1.2 m above the finished grade
adjacent to such structure.
(k)
All other provisions of this By-law shall apply.
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SECTION 11 - MITCHELL RESIDENTIAL MEDIUM DENSITY
ZONE THREE (R3)
No person shall within any R3 Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
11.1
Permitted Uses, Buildings, and Structures
(a)
One single-detached dwelling on one lot;
(b)
One semi-detached dwelling on one lot;
(c)
One dwelling unit of a semi- detached dwelling on one lot;
(d)
One duplex dwelling on one lot;
(e)
One converted dwelling on one lot, containing not more than two dwelling
units;
(f)
A home occupation, in accordance with Section 3;
(g)
A bed and breakfast establishment, in accordance with Section 3;
Amended by By-law No. Z98-2007
(h)
A park, in accordance with Section 22;
(i)
Accessory uses, buildings, and structures, in accordance with Sections 3
and 5.
11.2
Requirements for Single-Detached Dwellings
11.2.1 Lot Area, Minimum
(a)
Interior Lot
410 sq. m (4,413.3 sq. ft.)
(b)
Corner Lot
525 sq. m (5,651.1 sq. ft.)
11.2.2 Lot Frontage, Minimum
(a)
Interior Lot
13 m (42.65 ft.)
(b)
Corner Lot
16.5 m (54.13 ft.)
11.2.3 Front Yard, Minimum 6 m (19.69 ft.)
Amended by By-law Z307-2025
11.2.4 Interior Side Yard Width, Minimum
(a)
1.2 m (3.94 ft.) for a 1-storey dwelling
(b)
1.7 metres (5.91 ft.) for a 2-storey dwelling
(c)
Where no attached garage or carport is provided, the minimum side yard
on one side of the dwelling shall be 2.4 m (7.87 ft.)
11.2.5 Exterior Side Yard, Minimum 6 m (19.69 ft.)
11.2.6 Rear Yard, Minimum 7.5 m (24.61 ft.)
11.2.7 Building Height, Maximum 10.5 m (34.45 ft.)
Amended by By-law Z307-2025
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11.2.8 Lot Coverage for all Dwellings and Accessory Buildings/Structures,
Maximum - 45%
11.2.9 Ground Floor Area, Minimum 85 sq. m (914.93 sq. ft.)
11.2.10 Landscaped Open Space, Minimum 30 per cent
11.2.11 Parking Requirements
In accordance with the provisions of Section 5.19.
11.3
Requirements for a Semi- Detached Dwelling on One Lot or Duplex Dwelling
on One Lot
11.3.1 Lot Area, Minimum
(a) Interior Lot 650 sq. m (6,996.77 sq. ft.)
Amended by By-law No. Z98-2007
(b) Corner Lot 815 sq. m (8,772.87 sq. ft.)
11.3.2 Lot Frontage, Minimum
(a) Interior Lot 18 m (59.06 ft.)
(b) Corner Lot 22.5 m (73.82 ft.)
11.3.3 Front Yard, Minimum 6 m (19.69 ft.)
Amended by By-law Z307-2025
11.3.4 Interior Side Yard Width, Minimum
(a)
1.2 m (3.94 ft.) for a 1-storey dwelling
(b)
1.7 metres (5.91 ft.) for a 2-storey dwelling
(c)
Where no attached garage or carport is provided, the minimum side yard
on one side of the dwelling shall be 2.7 m (8.86 ft.)
11.3.5 Exterior Side Yard, Minimum 6 meters (19.69 ft.)
11.3.6 Rear Yard, Minimum 7.5 m (24.61 ft.)
11.3.7 Building Height, Maximum 10.5 m (34.45 ft.)
Amended by By-law Z307-2025
11.3.8 Lot
Coverage
for
all
Dwellings
and
Accessory
Buildings/Structures, Maximum - 45%
11.3.9 Ground Floor Area, Minimum 75 sq. m (807.32 sq. ft.)
11.3.10 Landscaped Open Space, Minimum 30 per cent
11.3.11 Parking Requirements
In accordance with the provisions of Section 5.19.
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Added by By-law No. Z286-2023
11.3.18
(a)
Location Part Park Lot 47, Reg. Plan 339, Part 2 44R6017, Mitchell Ward,
Municipality of West Perth
(b)
Notwithstanding Section 11.2.8 of this By-law, the maximum lot coverage
for a single detached dwelling will be 45%.
(c)
Notwithstanding Section 11.3.8 of this By-law, the maximum lot coverage
for a semi-detached dwelling will be 50%.
(d)
Notwithstanding Section 11.2.5 of this By-law, the minimum exterior side
yard setback for a single detached dwelling will be 4.5 m.
(e)
Notwithstanding Section 11.3.5 of this By-law, the minimum exterior side
yard setback for a semi-detached dwelling will be 4.5 m.
(f)
All other provisions of By-law No. 100-1998, as amended, shall apply.
11.4
Requirements for One Unit of a Semi-Detached Dwelling on One Lot
11.4.1 Lot Area, Minimum
(a)
Interior Lot 325 sq. m (3,498.39 sq. ft.)
Amended by By-law No. Z98-2007
(b)
Corner Lot 490 sq. m (5,274.49 sq. ft.)
11.4.2 Lot Frontage, Minimum
(a)
Interior Lot 9 m (29.53 ft.)
(b)
Corner Lot 13.5 m (44.29 ft.)
11.4.3 Front Yard, Minimum 6 m (19.69 ft.)
Amended by By-law Z307-2025
11.4.4 Interior Side Yard Width, Minimum
(a)
1.2 m (3.94 ft.) for a 1-storey dwelling
(b)
1.7 metres (5.91 ft.) for a 2-storey dwelling
(c)
Where no attached garage or carport is provided, the minimum
side yard on one side of the dwelling shall be 2.7 m (8.86 ft.)
11.4.5 Exterior Side Yard, Minimum 6 m (19.69 ft.)
11.4.6 Rear Yard, Minimum 7.5 m (24.61 ft.)
11.4.7 Building Height, Maximum 10.5 m (34.45 ft.)
Amended by By-law Z307-2025
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11.4.8 Lot Coverage for all Dwellings and Accessory Buildings/Structures,
Maximum - 45%
11.4.9 Ground Floor Area, Minimum 75 sq. m (801.32 sq. ft.)
11.4.10 Landscaped Open Space, Minimum 30 per cent
11.4.11 Parking Requirements
In accordance with the provisions of Section 5.19.
11.5
Requirements for Converted Dwellings
Amended by By-law Z307-2025
11.5.1 Number of Dwelling Units, Maximum - 3
11.5.2 Lot Area, Minimum
550 sq. m (5,920.3 sq. ft.)
11.5.3 Lot Frontage, Minimum - 18 m (59.06 ft.)
11.5.4 Front Yard, Minimum - 6 m (19.69 ft.)
11.5.5 Interior Side Yard, Minimum
1.5 m (4.92 ft.) for a one-storey dwelling and 1.8 m (5.91 ft.) for a two-storey
dwelling where an attached garage or carport is provided. Where no
attached garage or carport is provided, the minimum side yard on one side
of the dwelling shall be 3.5 m (11.48 ft.).
When determining which side yard requirement should apply, the
maximum height of that part of the dwelling nearest the side lot line shall
prevail.
11.5.6 Exterior Side Yard, Minimum 6 m (19.69 ft.)
11.5.7 Rear Yard, Minimum
7.5 m (24.61 ft.)
11.5.8 Building Height, Maximum
10.5 m (34.45 ft.)
11.5.9 Coverage, Maximum 40 per cent
11.5.10 Area per Dwelling Unit, Minimum 55 sq. m (592.03 sq. ft.)
11.5.11 Building Additions
Additions to existing buildings for the purpose of accommodating the
conversion of existing dwellings shall not be permitted.
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11.5.12 External Stairways
Any additional external stairways beyond those that existed prior to the
conversion shall be provided in the rear yard of the lot and no closer to the
rear lot line than minimum rear yard required for the dwelling.
11.5.13 Landscaped Open Space, Minimum 35 per cent
11.5.14 Parking Requirements
In accordance with the provisions of Section 5.19.
11.6
Requirements for Home Occupations
As contained in Section 3.65 of this By-law.
11.7
Requirements for Bed and Breakfast Establishments
As contained in Section 3.17 of this By-law.
11.8
Special Provisions
Originally Added by By-law No. Z86-2006; Deleted by By-law No. Z149-2012;
Re- established by By-law No. Z205-2018.
11.8.1 R3-1
(a)
Location: Part Lot 73, Part Park Lots 72, 78, Plan 341, Mitchell Ward on
Key Map 38 of Schedule "A" to By- law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of Section 5.19.2 of By- law
No. 100-1998 to the contrary, each driveway shall have a minimum width
of 4.0 m and not greater than 9.0 m;
(c)
Notwithstanding the correspond- ing provisions of Section 11.3.3 of By- law
No. 100-1998 to the contrary, the minimum front yard shall be 7.5 m.
(d)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Added by By-law No. Z285-2023
(a)
Location: Part Lot 64, All of Blocks 22 to 25, Registered Plan No. 532 and
Part of Park Lots 53 and 66, Registered Plan 341 (Mitchell Ward)
(b)
The area zoned R3-5 shall be subject to the provisions in Section 11.8.2.5
of this By-law
(c)
Notwithstanding Section 11.3.5 of this By-law, for the area zoned R3-5 the
exterior sideyard setback shall be 4.5 m
(d)
The site triangle provisions in Section 5.16 of this By-law apply to the area
zoned R3-5
(e)
Notwithstanding Section 5.22.2 of this By-law, for the area zoned R3-5, a
covered or uncovered deck or patio shall be permitted to project into the
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required rear yard a distance of not more than 2.5 m, provided that the
floor level of such structure is not greater than 1.2 m above the finished
grade adjacent to such structure.
(f)
All other provisions of this By-law shall apply.
Amended by By-law No. Z222-2019
11.8.2.1 R3-21
(a)
Location: Part of Lots 34 and 17, Plan 339, Mitchell Ward on Key Map 36
of Schedule "A" to By-law No. 100-1998;
(b)
Notwithstanding Section 11.1, a semi-detached duplex dwelling may be
permitted on the land in the "R3-21" zone as shown on Key Map 36 of
Schedule "A" to this By-law;
(c)
Notwithstanding any provision of this By-law to the contrary, the provisions
of Section 11.4 shall apply to one semi-detached duplex house of a semi-
detached duplex dwelling on one lot.
(d)
Notwithstanding Section 5.19.1, a semi-detached duplex dwelling requires
a minimum number of 1.5 parking spaces per dwelling unit.
(e)
For the purposes of this Section, "semi-detached duplex dwelling" is
defined as "a building divided vertically into two semi- detached duplex
houses, by a common wall which prevents internal access and extends
from the base of the foundation to the roof line and for a horizontal distance
of not less than 35 % of the horizontal depth of the building."
(f)
For the purposes of this Section, "semi-detached duplex house" is defined
as "a semi- detached house which contains two dwelling units. Each semi-
detached duplex house shall be designed to be located on a separate lot
having individual vehicular access to and frontage on a street or lane."
(g)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Amended by By-law No. Z229-2019
11.8.2.2 R3-22
(a)
Location: Lot 1 and Part of Lot 10 Registered Plan 477 on Key Map 35 of
Schedule "A" to By-law No. 100-1998.
(b)
Notwithstanding any provisions of this By-law to the contrary, the minimum
interior lot area for semi- detached dwellings shall be 300 m2.
(c)
Notwithstanding any provisions of this By-law to the contrary, the minimum
lot area for a corner lot shall be 435 m2.
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(d)
Notwithstanding any provisions of this By-law to the contrary, the minimum
exterior side yard shall be 4.3 m.
(e)
Notwithstanding any provisions of this By-law to the contrary, the minimum
lot frontage for a corner lot shall be 12.1 m.
(f)
All other provisions of this By- law, as amended, shall apply.
Added by By-law No. Z264-2022, Amended by Z307-2025
11.8.2.3
R3-3
(a)
Location: Plan 339, Part of Park Lot 17, RP; 44R-2502, Pt Part 1, RP
3625; Part 1 RP 44R3901 Pt Part 2 (Mitchell Ward);
(b)
Notwithstanding Section 11.2.8 to the contrary, for the area zoned R3-3,
the maximum lot coverage shall be 50%;
(c)
All other provisions of this By-law No. 100-1998, as amended, shall apply
Added by By-law No. Z269-2022, Amended by Z307-2025
11.8.2.4
R3-4
(a)
Lot 21, Plan 366 (Mitchell Ward) (199 Coulton Drive) to Key Map 32 to
By-law No. 100-1998;
i.
Notwithstanding Section 11.4.1(b) of this By-law, for the area
zoned R3-4 the lot area will be 374.1 m2;
ii.
Notwithstanding Section 11.4.3 of this By-law, the minimum front
yard setback will be 5m;
iii.
All other provisions of this By-law No. 100-1999, as amended,
shall apply.
(b)
Location: Lot 21, Plan 366 (Mitchell Ward) (197 Coulton Drive) to Key
Map 32 to By-law No. 100-1998;
i.
Notwithstanding Section 11.4.3 of this By-law, the minimum front
yard setback will be 4.9m;
ii.
All other provisions of this By-law No. 100-1999, as amended,
shall apply.
Added by By-law No. Z269-2022
(a)
Location: Lot 21, Plan 366 (known as 197 Coulton Drive), Mitchell Ward in
the Municipality of West Perth;
(b)
Notwithstanding Section 11.4.3 of this By-law, the minimum front yard
setback will be 4.9m;
(c)
All other provisions of this By-law No. 100-1999, as amended, shall apply.
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Added by By-law No. Z273-2022
(a)
Location: Part Park Lot 46, Plan 339 (known as 22 Blanshard Street),
Mitchell Ward;
(b)
Notwithstanding Section 5.19.4 of this By-law, parking is permitted in the
front yard;
(c)
Notwithstanding Section 5.22.1 of this By-law, patios may project into the
side yard 2.6m;
(d)
All other provisions of By-law No. 100-1998, as amended, shall apply
Added by By-law No. Z285-2023
11.8.2.5 R3-5
(a)
Location: Lots 10-14 as identified on Schedule A shall be zoned R3-5-H11
on Key Map 34.
(b)
The area zoned R3-5 shall be subject to the provisions in Section 11.8.2.5
of this By-law
(c)
Notwithstanding Section 11.3.5 of this By-law, for the area zoned R3-5 the
exterior sideyard setback shall be 4.5 m
(d)
The site triangle provisions in Section 5.16 of this By-law apply to the area
zoned R3-5
(e)
Notwithstanding Section 5.22.2 of this By-law, for the area zoned R3-5, a
covered or uncovered deck or patio shall be permitted to project into the
required rear yard a distance of not more than 2.5 m, provided that the floor
level of such structure is not greater than 1.2 m above the finished grade
adjacent to such structure.
(f)
All other provisions of this By-law shall apply.
Added by By-law No. Z285-2023
11.8.17
R3-17
(a)
Location: Part Park Lot 47, Reg. Plan 339, Part 2 44R6017, Mitchell Ward
(b)
Notwithstanding Section 11.2.8 of this By-law, the maximum lot coverage
for a single detached dwelling will be 45%.
(c)
Notwithstanding Section 11.3.8 of this By-law, the maximum lot coverage
for a semi-detached dwelling will be 50%.
(d)
All other provisions of By-law No. 100-1998, as amended, shall apply.
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Note: 11.8.18 - see 11.3.18
Added by By-law No. Z324-2026
11.8.19
R3-19
(a)
Location: Part Park Lot 34, Plan 339, Mitchell, Parts 2 & 3, 44R-2725,
Mitchell, Municipality of West Perth (Key Map 39);
(b)
Notwithstanding any provisions of this By-law to the contrary, on lands
zoned 'R3-19', the following provisions shall apply:
a.
Minimum exterior side yard width: 3.5 m
(c)
That all other provisions of this By-law, as amended, shall apply
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SECTION 12 - MITCHELL RESIDENTIAL HIGH-DENSITY ZONE
FOUR (R4)
No person shall within any R4 Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
12.1
Permitted Uses, Buildings, and Structures
(a)
One fourplex dwelling on one lot;
(b)
One converted dwelling on one lot, containing not more than four dwelling
units;
(c)
One boarding or lodging house, containing not more than four guest rooms;
(d)
Row or townhouse dwellings;
Amended by By-law No. Z149-2012
(d.1)
Dwelling, stacked townhouse;
(e)
Apartment dwellings;
(f)
A home for the aged dwellings, nursing home dwellings, senior citizen
dwellings;
Amended by By-law No. Z149-2012
(f.1)
A continuum-of-care facility;
(g)
A home occupation, in accordance with Section 3;
Amended by By-law No. Z98-2007
(h)
A park, in accordance with Section 22;
(i)
Accessory uses, buildings, and structures.
12.2
Requirements for Fourplex Dwellings
12.2.1 Lot Area - 740 sq. m Minimum (7,965.5 sq. ft.)
12.2.2 Lot Frontage - 21 m Minimum (68.89 ft.)
12.2.3 Front Yard - 6 m Minimum
(19.69 ft.)
12.2.4 Interior Side - 3.5 m Yard, Minimum (11.48 ft.)
12.2.5 Exterior Side - 6 m Yard, Minimum (19.69 ft.)
12.2.6 Rear Yard, - 7.5 m Minimum (24.61 ft.)
12.2.7 Building Height - 10.5 m Maximum (34.45 ft.)
12.2.8 Lot Coverage - 40 per cent Maximum
12.2.9 Floor Area per - 55 sq. m Dwelling Unit, (592.03 sq. ft.) Minimum
12.2.10 Landscaped Open - 35 per cent Space, Minimum
12.2.11 Parking Requirements
In accordance with the provisions of Section 5.19
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12.3
Requirements for Converted Dwellings
12.3.1 Number of Dwelling Units - 4 Maximum
12.3.2 Lot Area, Minimum
(a)
For a 2-unit dwelling - 550 sq. m (5,920.34 sq. ft.)
(b)
For a 3-unit building - 625 sq. m (6,727.66 sq. ft.)
(c)
For a 4-unit building - 700 sq. m (7,534.98 sq. ft.)
12.3.3 Lot Frontage, Minimum
(a)
For a 2-unit building 18 m (59.06 ft.)
(b)
For a 3-unit building 20 m (65.62 ft.)
(c)
For a 4-unit building 21 m (68.90 ft.)
12.3.4 Front Yard - 6 m Minimum (19.69 ft.)
12.3.5 Interior Side Yard, Minimum
1.5 m (4.92 ft.) for a one-storey dwelling and 1.8 m (5.91 ft.) for a two-storey
dwelling where an attached garage or carport is provided. Where no attached
garage or carport is provided, the minimum side yard on one side of the
dwelling shall be 3.5 m (11.48 ft.). When determining which side yard
requirement should apply, the maximum height of that part of the dwelling
nearest the side lot line shall prevail.
12.3.6 Exterior Side Yard - 6 m Minimum (19.69 ft.)
12.3.7 Rear Yard, 7.5 m Minimum (24.61 ft.)
12.3.8 Building Height - 10.5 m Maximum (34.45 ft.)
12.3.9 Lot Coverage - 40 per cent Maximum
12.3.10 Floor Area per 55 sq. m Dwelling Unit, (592.03 sq. ft.) Minimum
12.3.11 Building Additions
Additions to existing buildings for the purpose of accommodating the
conversion of existing dwellings shall not be permitted.
12.3.12 External Stairways
Any additional external stairways beyond those that existed prior to the
conversion shall be provided in the rear yard of the lot and no closer to the
rear lot line than minimum rear yard required for the dwelling.
12.3.13 Landscaped Open - 35 per cent Space, Minimum
12.3.14 Parking Requirements
In accordance with the provisions of Section 5.19.
12.4
Requirements for Boarding or Lodging Houses
12.4.1 Number of Bedrooms for Rent, Maximum - 4
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12.4.2 Lot Area - 550 sq. m Minimum
(5,920.34 sq. ft.)
12.4.3 Lot Frontage - 18 m Minimum (59.06 ft.)
12.4.4 Front Yard - 6 m Minimum
(19.69 ft.)
12.4.5 Interior Side Yard, Minimum
1.5 m (4.92 ft.) for a one-storey dwelling and 1.8 m (5.91 ft.) for a two-storey
dwelling where an attached garage or carport is provided. Where no
attached garage or carport is provided, the minimum side yard on one side
of the dwelling shall be 3.5 m (11.48 ft.). When determining which side yard
requirement should apply, the maximum height of that part of the dwelling
nearest the side lot line shall prevail.
12.4.6 Exterior Side Yard - 6 m Minimum (19.69 ft.)
12.4.7 Rear Yard, Minimum - 7.5 m (24.61 ft.)
12.4.8 Building Height - 10.5 m Maximum (34.45 ft.)
12.4.9 Lot Coverage - Maximum 40 per cent
12.4.10 Floor Area per Bedroom, Minimum 9 sq. m (96.88 sq. feet)
12.4.11 Landscaped Open
35 per cent Space, Minimum
12.4.12 Parking Requirements
In accordance with the provisions of Section 5.19.
12.5
Requirements for Row or Townhouse Dwellings
12.5.1 Lot Area, Minimum
1000 sq. m (10,764.3 sq. ft.) for the first 3 dwelling units plus 200 sq. m (2,152.9
sq. feet) for each additional dwelling unit.
12.5.2 Lot Frontage, Minimum
27 m (88.58 ft.) for the first 3 dwelling units plus 6.0 m (19.69 feet) for each
additional dwelling unit.
12.5.3 Front Yard - 6 m Minimum
(19.69 ft.)
12.5.4 Interior Side - 4.5 m Yard, Minimum (14.76 ft.)
12.5.5 Exterior Side - 6 m Yard, Minimum (19.69 ft.)
12.5.6 Rear Yard - 7.5 m Minimum (24.61 ft.)
12.5.7 Building Height - 10.5 m Maximum (34.45 ft.)
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12.5.8 Lot Coverage - 45 % Maximum
12.5.9 Floor Area per Dwelling Unit, Minimum 55 sq. m (592.03 sq. feet)
12.5.10 Landscaped Open - 35 per cent Space, Minimum
12.5.11 Parking Requirements
In accordance with the provisions of Section 5.19.
12.5.12 Number of Attached
Dwelling Units, Maximum - 8
12.5.13 Planting Strip Requirement
A planting strip shall be required in accordance with the provisions of Section
5.23 where an interior side or rear lot line of a lot being developed for row or
townhouse purposes abuts a lot under any of the following circumstances:
(a)
A lot that is in a Residential Zone, Residential (-h) Holding Zone, or a
Future Development Zone;
(b)
A lot that is used for residential purposes;
(c)
A lot that is used for a non- residential purpose and on which no
planting strip exists adjacent to the mutual lot line.
12.5.14 More Than One Row or Townhouse Dwelling Permitted on a Lot
More than one row or townhouse dwelling may be erected on a lot provided
that the following provisions are met:
(a)
The minimum lot area requirement shall be calculated on the basis
of the provisions of Section 12.5.1 above;
(b)
The minimum lot frontage requirement shall be calculated by
applying the minimum lot frontage provisions of Section 12.5.2
above to the row or townhouse which faces the front lot line or the
townhouse with the greatest number of dwelling units, whichever results in
the greatest requirement. Notwithstanding any other provisions of this By-
law to the contrary, in no case shall the minimum lot frontage be less than
27 m (88.58 ft.);
(c)
The front, side, and rear yard requirements as set out in Sections
12.5.3, 12.5.4, 12.5.5, and 12.5.6 above shall apply to the
development as a whole;
(d)
Notwithstanding the provisions of Clause (c) above, where internal
vehicular access to a lot being developed or used for a row or
townhouse development is provided through an interior side yard,
that side yard shall have a minimum width of 7.5 m (24.61 ft.).
(e)
Separation distances between buildings within a row or townhouse
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project shall be according to all applicable requirements of the
Ontario Building Code, as amended; and
(f)
All other applicable provisions as set out in Section 12.5 shall apply
12.6
Requirements for One Dwelling Unit of a Row or Townhouse Dwellings
12.6.1 Lot Area, Minimum
Interior Lot Area - 200 sq. m (2,152.85 sq. ft.)
Interior Lot, End Unit - 350 sq. m (3,767.49 sq. ft)
Corner Lot - 400 sq. m (4,305.70 sq. ft.)
12.6.2 Lot Frontage, Minimum
Interior Lot - 6 m (19.69 ft.)
Interior Lot, End Unit - 10.5 m (34.45 ft)
Corner Lot - 12 m (39.37 ft.)
12.6.3 Front Yard - 6 m Minimum
(19.69 ft.)
12.6.4 Interior Side Yard, Minimum
No interior side yard is required on the attached side(s) of the dwelling unit.
4.5 m (14.76 ft.) is required on the side of the dwelling unit not attached to
another dwelling unit.
12.6.5 Exterior Side Yard, Minimum - 6 m (19.69 ft.)
12.6.6 Rear Yard, Minimum - 7.5 m (24.61 ft.)
12.6.7 Building Height, Maximum - 10.5 m (34.45 ft.)
12.6.8 Lot Coverage, Maximum - 60 %
12.6.9 Ground Floor Area Per Dwelling Unit, Minimum - 55 sq. m, (592.03 sq. feet)
12.6.10 Landscaped Open - 35 per cent Space, Minimum
12.6.11 Parking Requirements
In accordance with the provisions of Section 5.19.
12.6.12 Planting Strip Requirement
A planting strip shall be required in accordance with the provisions of Section
5.23 where an interior side or rear lot line of a lot being developed for row or
townhouse purposes abuts a lot under any of the following circumstances:
(a)
A lot that is in a Residential Zone, Residential (-h) Holding Zone, or a
Future Development Zone.
(b)
A lot that is used for residential purposes;
(c)
A lot that is used for a non- residential purpose and on which no
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planting strip exists adjacent to the mutual lot line.
12.7
Requirements for Apartment Dwellings and Stacked Townhouse Dwellings
12.7.1 Lot Area, Minimum
800 sq. m (8,611.4 sq. ft) for the first dwelling unit plus 90 sq. m (968.8 sq.
feet) for each additional dwelling unit.
12.7.2 Lot Frontage - 25 m Minimum (82.02 ft.)
12.7.3 Front Yard - 7.5 m Minimum (24.61 ft.)
12.7.4 Interior Side Yard Minimum - 6 m (19.69 ft.)
12.7.5 Exterior Side - 7.5 m Yard, Minimum (24.61 ft.)
12.7.6 Rear Yard, Minimum - 12 m (39.37 ft.)
12.7.7 Building Height - 12 m Maximum (39.37 ft.)
12.7.8 Lot Coverage - 35 per cent Maximum
12.7.9 Dwelling Unit Floor Area, Minimum
(a)
Bachelor unit - 35 sq. m (376.75 sq. ft.)
(b)
1-bedroom unit - 55 sq. m (592.03 sq. ft.)
(c)
2-bedroom unit - 65 sq. m(699.68 sq. ft.)
(d)
3-bedroom unit - 75 sq. m (801.31 sq. ft.)
(e)
Additional bedrooms beyond 3 - 9.0 sq. m (96.88 sq. ft.) per bedroom
12.7.10 Landscaped Open - 35 per cent Space, Minimum
12.7.11 Parking Requirements
In accordance with the provisions of Section 5.19.
12.7.12 Planting Strip Requirement
A planting strip shall be required in accordance with the provisions of Section
5.23 where an interior side or rear lot line of a lot being developed for
apartment dwelling purposes abuts a lot under any of the following
circumstances:
(a)
A lot that is in a Residential Zone, a Residential (-h) Zone, or a Future
Development Zone that is designated "Residential" in the applicable
Official Plan.
(b)
A lot that is used for residential purposes;
(c)
A lot that is used for a non- residential purpose and on which no
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planting strip exists adjacent to the mutual lot line.
12.7.13 More Than One Apartment Dwelling Permitted on a Lot
More than one apartment dwelling may be erected on a lot provided that the
following provisions are met:
(a)
The minimum lot area requirement shall be calculated on the basis
of the provisions of Section 12.7.1 above;
(b)
The minimum lot frontage requirement shall be 30 m (98.43 ft.);
(c)
The front, side, and rear yard requirements as set out in Sections
12.7.3, 12.7.4, 12.7.5, and 12.7.6 above shall be applied to the
development as a whole;
(d)
Notwithstanding the provisions of Clause (c) above, where internal
vehicular access to a lot being developed or used for an apartment
dwelling development is provided through an interior side yard, that
side yard shall have a minimum width of 7.5 m (24.61 ft.);
(e)
Setbacks between buildings within an apartment dwelling project
shall be as follows:
(i)
The minimum distance between two exterior walls of
different buildings facing each other, neither of which is an
end wall, where either or both of the exterior walls contain a
living room window, shall be 21 m (68.90 ft.).
(i)
The minimum distance between two exterior walls of
different buildings facing each other, neither of which is an
end wall, where either or both of the exterior walls contain
windows to habitable rooms other than living room windows,
shall be 15 m (49.21 ft.).
(ii)
The minimum distance between an exterior wall containing
a living room window in one building and the end wall of
another building, which end wall contains no windows to
habitable rooms, shall be 10 m (34.45 ft.).
(iv)
The minimum distance between an exterior wall containing
a window to a habitable room, other than a living room
window, and the end wall of another building containing no
windows to habitable rooms shall be 7.5 m (24.61 ft.).
(v)
The minimum distance between two end walls of different
buildings, where neither end wall contains windows to
habitable rooms, shall be 3 m (9.84 ft.).
(f)
All other applicable provisions as set out in Section 12.7 above shall
apply.
12.8
Requirements for Homes for the Aged, Nursing Home Dwellings, and Senior
Citizen Dwellings
12.8.1 Lot Area, Minimum
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550 sq. m (5,920.3 sq. ft) for the first 5 dwelling units plus 90 sq. m (968.8 sq.
feet) for each additional dwelling unit.
12.8.2 Lot Frontage - 20 m Minimum (65.62 ft.)
12.8.3 Front Yard - 7.5 m Minimum (24.61 ft.)
12.8.4 Interior Side - 6.0 m Yard, Minimum (19.69 ft.)
12.8.5 Exterior Side - 7.5 m Yard, Minimum (24.61 ft.)
12.8.6 Rear Yard, Minimum - 12 m (39.37 ft.)
12.8.7 Building Height, Maximum - 12 m (39.37 ft.)
12.8.8 Lot Coverage, Maximum - 35 %
12.8.9 Dwelling Unit Floor Area, Minimum - 35 sq. m (376.75 sq. ft.)
12.8.10 Landscaped Open - 35 per cent Space, Minimum
12.8.11 Parking Requirements
In accordance with the provisions of Section 5.19.
12.8.12 Planting Strip Requirement
A planting strip shall be required in accordance with the provisions of Section
5.23 where an interior side or rear lot line of a lot being developed for
apartment dwelling purposes abuts a lot under any of the following
circumstances:
(a)
A lot that is in a Residential Zone, a Residential (-h) Zone, or a Future
Development Zone that is designated "Residential" in the applicable
Official Plan.
(b)
A lot that is used for residential purposes;
(c)
A lot that is used for a non- residential purpose and on which no
planting strip exists adjacent to the mutual lot line.
12.9
Special Provisions
12.9.1 R4-1
(a)
Location: Part of Lots 7 and 8, Registered Plan No. 344 (Key Map 36)
(b)
Notwithstanding the provisions of Section 12.1 of this By-law to the contrary,
the only permitted use on the land in the "R4-1" zone as shown on Key Map
36 of Schedule "A" to this By-law shall be one apartment dwelling containing
not more than 5 units.
(c)
Notwithstanding the provisions of Section of Section 12.7.4 to the contrary,
the minimum westerly interior side yard for an addition to the existing
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residential building in the "R4-1" zone shall be 1.5 m;
(d)
Notwithstanding the provisions of Section of Section 12.7.7 to the contrary,
the maximum building height for an addition to the existing residential
building in the "R4-1" zone shall be 4.0 m. The 4.0 m height is measured from
adjacent finished grade to top of roof peak at the south wall of the existing
residential building;
(e)
Notwithstanding any provision of Section 12 to the contrary, the maximum
ground floor area for an addition to the existing residential building in the "R4-
1" zone shall be 185 m2;
(f)
Notwithstanding the provisions of Section 5.29 of this By-law to the contrary,
the following minimum setbacks for the existing building shall apply:
(i)
Setback from the existing top of bank of the Whirl Creek shall be 7.5
m;
(ii)
Setback from the stable angle of repose for the top of bank of the
Whirl Creek shall be 6.0 m;
(iii)
Setback from the toe of Whirl Creek shall be 17.3 m.
(g)
All other applicable provisions of this By-law shall apply.
12.9.2 R4-2
(a)
Location: Pt. of Lot 497 and Pt. of the Mill Land, Registered Plan No. 339
(Key Map 35)
(b)
Notwithstanding the provisions of Section 12.1 of this By-law to the contrary,
the only permitted use on the land in the "R4-2" zone as shown on Key Map
35 of Schedule "A" to this By-law shall be one apartment dwelling containing
not more than 5 units.
(c)
All other applicable provisions of this By-law shall apply.
12.9.3 R4-3
(a)
Location: Pt. of Park Lot 30, Registered Plan No. 339 (Key Map 35)
(b)
Notwithstanding the provisions of Section 12.1 of this By-law to the contrary,
the only permitted use on the land in the 'R4-3' zone as shown on Key Map
35 of Schedule "A" to this By-law shall be one apartment dwelling containing
not more than 8 units.
(c)
Notwithstanding the provisions of Section of Section 12.7.6 to the contrary,
the minimum rear yard for an apartment in the "R4-3" zone shall be 9.6 m.
(d)
All other applicable provisions of this By-law shall apply.
12.9.4 R4-4
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(a)
Location: Park Lot 2, Registered Plan No. 339. (Key Map 31)
(b)
Notwithstanding any provision of Section 12 of this By-law to the contrary,
the following zone provisions shall apply to the lands within the "R4-4" zone:
(i)
Lot Area, Minimum - 1,000 m2 for the first 3 dwelling units plus 200 m2
for each additional unit;
(ii)
Lot Frontage, Minimum - 30 m for the first 3 units plus 10.0 m for
each additional unit;
(iii)
Front Yard, Minimum - 7.5 m;
(iv)
Interior Side Yard, Minimum - 4.5 m, except that 2.25 m is required
when abutting another "R4-4" zone;
(v)
Exterior Side Yard, Minimum - 7.5 m;
(vi)
Rear Yard, Minimum - 7.5 m, except that 2.25 m is required when
abutting another "R4-4" zone;
(vii)
Lot Coverage, Maximum 45 per cent;
(viii)
Dwelling Unit Area, Minimum 100 m2;
(ix)
Building Height, Maximum - 10.5 m;
(x)
Landscaped Open Space, Minimum 30 per cent;
(xi)
Parking Requirements - 2 spaces per dwelling unit;
(xi) Number of Dwelling Units, Maximum - 20.
(c)
All other provisions of this By-law shall apply.
Deleted by By-law No. Z149-2012
12.9.4.1
R4-4-H
Amended by By-law No. Z33-2002
12.9.5 R4-5
(a)
Location: Part of Lot 7 and Lot 8, Registered Plan No. 348 (Key Map 31)
(b)
Notwithstanding the provisions of Section 12.3.2 (c) of By-law No. 100-1998
to the contrary, the minimum lot area for a four unit converted dwelling on the
land in the "R4-5" zone as shown on Schedule "A" to this By-law (also shown
on Schedule "A" to By-law No. Z33-2002) shall be 690 m2.
(c)
All other provisions of this By-law shall apply.
Amended by By-Law No. 162-2013
12.9.6 R4-6
(a)
Location: Part of Park Lot 35, Registered Plan No. 339 (Mitchell Ward) (Key
Map 39)
(b)
Notwithstanding the provisions of Section 12.2.6 By-law 100-1998 to the
contrary, the minimum rear year for a row or townhouse dwellings located on
the land within the "R4-6" zone as shown on Key Map 39 of Schedule "A" to
By-law 100-1998 (also shown on Schedule "A" to By-law Z162- 2013) shall
be 6.0 m.
(c)
Notwithstanding any provision of By-law 100-1998 to the contrary,
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unenclosed steps may project into the required rear yard a distance of not
more than 1.5 m, notwithstanding the finished grade level adjacent to the
steps.
(d)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-Law No. 162-2013
12.9.7 R4-7
(a)
Location: Part of Park Lot 35, Registered Plan No. 339 (Mitchell Ward) (Key
Map 39)
(b)
Notwithstanding any provision of By-law 100-1998 to the contrary, the lot
line along Clayton Street shall be deem to be the front lot line and the lot line
along Blanchard Street shall be deemed to be an exterior lot line.
(c)
Notwithstanding the provisions of Section 12.2.6 By-law 100-1998 to the
contrary, the minimum rear year for a row or townhouse dwellings located
on the land within the "R4-6" zone as shown on Key Map 39 of Schedule "A"
to By-law 100-1998 (also shown on Schedule "A" to By-law Z162- 2013)
shall be 6.0 m.
(d)
Notwithstanding any provision of By-law 100-1998 to the contrary,
unenclosed steps may project into the required rear yard a distance of not
more than 1.5 m, notwithstanding the finished grade level adjacent to the
steps.
(e)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-Law No. 179-2015
12.9.8 R4-8
(a)
Location: Part of Park Lot 46, Registered Plan No. 339 (Mitchell Ward) (Key
Map 39)
(b)
Notwithstanding the provisions of Sections 12.1 of By-law No. 100- 1998 to
the contrary, one single- detached dwelling on one lot, in accordance with the
provisions of Sections 10.2.1 thru 10.2.11, inclusive, and a bed and breakfast
establishment within a single detached dwelling, in accordance with the
provisions of Section 3 of By-law No. 100-1998, shall also be permitted uses,
buildings, and structures in the "R4-8" zone as shown on Key Map 39 of
Schedule "A" to By-law No. 100- 1998 (also shown on Schedule "A" to By-law
No. Z179-2015).
(c)
Notwithstanding the provisions of Section 12.5.4 or 12.6.4 of By-law No. 100-
1998 to the contrary, the minimum interior side yard of a townhouse dwelling
on the side of the dwelling unit not attached to another townhouse dwelling
shall be 3.0 m where the end wall of an end unit contains no windows to
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habitable rooms or 4.5 m when the wall of a unit contains window(s) to
habitable room(s).
(d)
Notwithstanding the provisions of Section 12.5.6 or 12.6.6 of By-law No. 100-
1998 to the contrary, the minimum rear yard of a townhouse dwelling shall be
6.0 m.
(e)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-Law Nos. 179-2015 and 215-2019 (Upper Thames Village
Vacant Land Condominium)
12.9.9 R4-9
(a)
Location: Part of Park Lot 46, Registered Plan No. 339 (Mitchell Ward) (Key
Map 39)
(b)
Notwithstanding the provisions of Section 12.1 of By-law No. 100-1998 to the
contrary, a vacant land condominium is permitted in the "R4-9" zone as
shown on Key Map 39 of Schedule "A" to By-law No. 100-1998, as amended,
subject to the following requirements:
(i)
The maximum number of units in a vacant land condominium (as
defined by Section 3.147.1 of this By-law) shall be 25;
(i)
The minimum lot area for a vacant land condominium shall be
18,065 sq. m (4.46 acres).
(ii)
The minimum combined common element areas provided for
amenity landscaped area/open space in a vacant land condominium
shall be 1,025 sq. m (11,033 sq. ft.).
(iv)
The requirements for single-detached dwellings on one unit of a
vacant land condominium shall be as follows:
(a)
Unit Area, Minimum: 405 sq. m (4,359.38 sq. ft.)
(b)
Front Yard, Minimum: 6 m (19.69 ft.) For the purposes of this
regulation, the front lot line for each unit in a Vacant Land
Condominium shall be deemed to be the shortest boundary
line of a unit abutting the internal road portion of the common
element. A permitted encroachment not exceeding 1.5 m
into the required Front Yard for a porch is permitted.
(c)
Rear Yard, Minimum: 6 m (19.69 ft.) For the purposes of this
regulation, the rear lot line for each unit in a Vacant Land
Condominium shall be deemed to be that boundary line of a
unit farthest from and opposite to the shortest boundary line
of a unit which abuts an internal road portion of the common
element.
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(d)
Interior Side Yard, Minimum: 1.2 m (3.94 ft.) For the purposes
of this regulation, the interior lot line shall mean the boundary
line of a unit in a Vacant Land Condominium which
immediately abuts the boundary of another unit in a Vacant
Land Condominium.
(e)
Exterior Side Yard (abutting a public road), Minimum: 6 m
(19.69 ft.) For the purposes of this regulation, the exterior lot
line for a unit in a Vacant Land Condominium shall be
deemed to be the boundary line of a unit which immediately
abuts a Street, Road or Highway (Public) as defined by
Section 3 of this By-law.
(f)
Exterior Side Yard (abutting an internal road portion of the
common element), Minimum: 6 m (19.69 ft.) For the purposes
of this regulation, the exterior lot line for a unit in a Vacant
Land Condominium shall be deemed to be, where two or more
boundary lines abut an internal road portion of the common
element, the longest boundary line which abuts an internal
road portion of the common element.
(g)
Building Height, Maximum: 7.62 m (25 ft.)
(h)
Unit Coverage, Maximum:
45 per cent For the purposes of
this regulation, Unit Coverage means the area of a unit of a
Vacant Land Condominium covered by buildings and
structures, excluding overhanging structures which do not
project more than 1.0 metre from the main wall, and excluding
decks which are 0.2 m or less above the average grade; and
accessory buildings which are less than 10 m2.
(i)
Ground Floor Area, Minimum:
139.35 sq. m (1,500 sq.
ft.)
(j)
Landscaped Open Space, Minimum: 30 per cent
(k)
Parking Requirements
Per Unit, Minimum: 2 Parking Spaces per dwelling unit
Common Element Parking Spaces, Minimum: 3 Parking
Spaces
(v)
Notwithstanding Sections 12.7 or 12.9.9 b) i) above, in addition to
25 units of a vacant land condominium, a 4-unit apartment building is
also permitted on one unit of a vacant land condominium subject to
the following requirements:
(a)
Lot Area, Minimum: 1,346 m sq. (14,488.22 sq. ft.)
(b)
Front Yard, Minimum: 4.9 m (29.52 ft.) For the purposes of
this regulation, the front lot line for this unit shall be the
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longest boundary line of the unit which abuts the internal road
portion of the common element. A permitted encroachment for
a roof overhang not exceeding 1.5 m into the required Front
Yard is permitted.
(c)
Rear Yard, Minimum: 4.5 m (14.76 ft.) For the purposes of
this regulation, the rear lot line for this unit shall be deemed to
be that boundary line of the unit farthest from and opposite
to the longest boundary line of the unit that abuts the internal
road portion of the common element. A permitted
encroachment for a roof overhang not exceeding 1.5 m into
the required Rear Yard is permitted.
(d)
Interior Side Yard - Northerly, Minimum: 10.4 m (34.12 ft.) For
the purposes of this regulation, the northerly interior lot line
shall mean the northerly lot line of this unit which immediately
abuts the boundary of lands described as Part of Park Lot
46, Plan 339, and being Part 1 on Registered Plan 44R-2266.
(e)
Interior Side Yard - Southerly, Minimum: 3 m (9.84 ft.) For
the purposes of this regulation, the southerly interior side yard
shall mean the side yard of this block farthest from and
opposite to the northerly interior side yard.
(f)
Interior Side Yard - Adjacent to Common Element, Minimum:
12.9 m (42.31 ft.) For the purposes of this regulation, the
interior lot line adjacent to a common element shall mean the
internal boundary line of this unit which is not adjacent to the
internal road portion of the common element.
(g)
Building Height, Maximum: 7.62 m (25 ft.)
(h)
Individual Apartment Dwelling Unit Floor Area, Minimum: In
accordance with Section 12.7.9
(i)
Landscaped Open Space, Minimum: 30 per cent
(j)
Parking Requirements
Per Unit, Minimum: 1.25 Parking Spaces per dwelling unit
Visitor Parking Spaces, Minimum: 2 Parking Spaces
(k)
Planting Strip Requirement: In accordance with Section
12.7.12.
(vi)
A Vacant Land Condominium shall be subject to a site plan control
agreement with the Municipality in accordance with Section 41 of
Planning Act, R.S.O. 1990.
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
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Amended by By-Law No. 200-2018
12.9.10.1 R4-101:
(a)
Location: Part of Park Lot 81 and 82, Registered Plan No. 341, Mitchell Ward
(Key Map 37);
(b)
In addition to the uses permitted under Section 12.1 of By-Law No. 100- 1998,
the following uses shall also be permitted on the land zoned "R4-10" as shown
on Key Map 37 of Schedule "A" to By-Law No. 100-1998:
(i)
A maximum of Seven (7) Townhouse Dwellings each containing Four
(4) Dwelling Units.
(c)
Notwithstanding the corresponding provisions of Section 12.5 of By-Law No.
100-1998 to the contrary, the following provisions shall apply to the subject
property described as Part of Park Lot 81 and 82, Registered Plan No. 341,
Mitchell Ward:
(i)
Lot Frontage, Minimum: 50 m;
(ii)
Front Yard, Minimum: 7.4 m;
(iii)
Interior Side Yard, Minimum: 5.9 m;
(iv)
Interior Side Yard, Minimum for Unit 20: 4.1 m;
(v)
Interior Side Yard, Minimum for Unit 21: 4.9 m.
(d)
Notwithstanding the corresponding provisions of Section 12.6 of By-Law No.
100-1998 to the contrary, the following provisions shall apply to the individual
Townhouse Dwelling units:
(i)
Lot Frontage, Minimum:
Interior Lot, End Unit: 9.5 m;
(ii)
Front
Yard, Minimum:
5.8 m;
(iii)
Interior Side Yard, Minimum: 0.9 m;
(iv)
Rear Yard, Minimum: 2.0 m.
(v)
Interior Side Yard, Minimum for Unit 20 and Unit 21: 0.3 m;
(vi)
Rear Yard, Minimum for Unit 24 and Unit 27: 1.0 m;
(vii)
Rear Yard, Minimum for Unit 28: 0.3 m.
(e)
Notwithstanding any provision of By- law 100-1998 to the contrary,
unenclosed steps may project into the required rear yard a distance of not
more than 1.5 m.
Amended by By-Law No. 208-2018
12.9.10.2 R4-102:
(a)
Location: Part of Park Lot 35, Plan 339, Mitchell Ward on Key Map 35 of
Schedule "A" to By-law No. 100-1998;
(b)
Notwithstanding the corresponding provisions of Section 12.5 of By-law No.
100-1998 to the contrary, the maximum permitted lot coverage shall be 50 %.
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(c)
All other provisions of By-law No. 100- 1998, as amended, shall apply.
Subject to LPAT Appeal Amended by By-law No. 214-2018
12.9.11.1 R4-111
(a)
Location: Part of Lot 7 and Part of Lot 5, Plan 386, Mitchell Ward on Key
Map 32 of Schedule "A" to By-law No. 100-1998;
(b)
Notwithstanding the provisions of Section 12.7.3 or Section 12.7.13 (c) of
By-law No. 100-1998 to the contrary, the minimum front yard of an apartment
dwelling shall be 6.0 m (19.69 ft.);
(c)
Notwithstanding the provisions of Section 12.7.4 or Section 12.7.13 (c) of
By-law No. 100-1998 to the contrary, the minimum interior side yard of an
apartment dwelling shall be 5.0 m (16.4 ft.);
(d)
Notwithstanding the provisions of Section 12.7.7 of By-law No. 100- 1998 to
the contrary, the maximum building height of an apartment dwelling shall be
9.5 m (31.17 ft.); and,
(e)
All other provisions of By-law No. 100- 1998, as amended, shall apply.
Amended by By-law No. 229-2019
12.9.11.2
R4-112:
(a)
Location: Lots 2, 3, 4, 5, 6, 7, 8, 9 and Part of Lot 10 Registered Plan 477 on
Key Map 35 of Schedule "A" to By- law No. 100-1998.
(b)
Notwithstanding any provisions of this By-law to the contrary, the minimum
interior lot area for a townhouse dwelling shall be 184 m2.
(c)
Notwithstanding any provisions of this By-law to the contrary, the minimum
interior end unit lot area for a townhouse dwelling shall be 244 m2.
(d)
Notwithstanding any provisions of this By-law to the contrary, the minimum lot
frontage for an interior townhouse dwelling shall be 5.6 m.
(e)
Notwithstanding any provisions of this By-law to the contrary, the minimum lot
frontage for an interior end unit townhouse dwelling shall be 7.42 m.
(f)
Notwithstanding any provisions of this By-law to the contrary, the minimum
interior side yard setback for any side of a dwelling unit not attached to another
dwelling unit shall be 1.8 m.
(g)
All other provisions of this By-law, as amended, shall apply.
Added by By-law No. Z236-2020
12.9.12
R4-12
(a)
Location: Part of Park Lot 4, Registered Plan No. 339 (Mitchell Ward) (Key
Map 31)
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(b)
Notwithstanding the provisions of Sections 12.5.4 and 12.6.4 to the contrary,
on a lot in the "R4-12" zone as shown on Key Map 31 of Schedule "A" to the
By-law No. 100-1998 (also shown on Schedule "A" to the By-law No. Z236-
2020), 1.5 m (4.92 feet) is required on the interior side on one dwelling unit
of a Row or Townhouse Dwelling not attached to another dwelling unit.
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Added by By-law Z307-2025
12.9.13 R4-13
(a)
Location: Part of Lots 5 and 7, Registered Plan 386, Mitchell Ward on
Key Map 32 of Schedule "A" to By-law No. 100-1998;
(b)
Notwithstanding the provisions of Section 12.7.11 or Section 5.19.4 (d) of
By-law No. 100-1998 to the contrary, parking areas for the apartment
dwellings are permitted to be located in the front yard; and
(c)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Added by By-law No. Z282-2023
12.9.14
R4-14
(a)
Location: Park Lot 33, Plan 339 (Mitchell Ward) (Key Map 39);
(b)
The area zoned R4-14 shall be subject to the provisions in Section 12.9.14
of this By-law;
(c)
For the area zoned R4-14, the required rear yard setback shall be 2.6 m;
(d)
All other applicable provisions of this By-law shall apply.
Added by By-law No. Z285-2023
12.9.15
R4-15
(a)
Location: Blocks 15, 18, 19 and 20 as identified on Schedule A shall be zoned
R4-15-H11 on Key Map 34 of the West Perth Zoning By-law.
(b)
The area zoned R4-15 shall be subject to the provisions in Section 12.9.15
of this By-law
(c)
Notwithstanding Section 12.5.5 of this By-law, for the area zoned R4-15, the
exterior side yard shall be 4.5 m
(d)
The site triangle provisions in Section 5.16 of this By-law apply to the area
zoned R4-15
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(e)
Notwithstanding Section 12.5.4 of this By-law, for the area zoned R4-15, the
interior side yard shall be 2.0 m
(f)
All other provisions of this By-law shall apply.
Added by By-law No. Z285-2023
12.9.16
R4-16
(a)
Location: Block 16 and 17 as identified on Schedule A shall be zoned R4-16-
H11 on Key Map 34 of the West Perth Zoning By-law.
(b)
The area zoned R4-16 shall be subject to the provisions in Section 12.19.16
of this By-law
(c)
Notwithstanding Section 5.8 of this By-law, dwelling units may be permitted
on private roads, provided the private road forms part of a condominium
corporation and provides direct access to a public street
(d)
Internal lot lines created by a plan of condominium shall not be considered
property lot lines for the purposes of determining zoning compliance
(e)
Notwithstanding Section 12.8.5 of this By-law, the minimum rear yard setback
for the area zoned R4-16 shall be 7.5 m
(f)
The minimum distance between two exterior walls of different buildings facing
each other, neither of which is an end wall, where either or both of the exterior
walls contain windows to habitable rooms other than the living room windows,
shall be 10 m
(g)
The minimum distance between an exterior wall containing a living room
window in one building and the end wall of another building, which end wall
contains no windows to habitable rooms, shall be 7.5 m
(h)
The area zoned R4-16 is subject to Site Plan Control
(i)
All other provisions of this By-law shall apply.
Added by By-law No. Z304-2025
12.9.19
R4-19
(a)
Location: Plan 339, Part Park Lot 17, RP 44R5974 Part 3, Mitchell Ward, in
the Municipality of West Perth (190 Napier Street) (Key Map 31);
(b)
Notwithstanding the provisions of Section 12.9.19 of By-law No. 100-1998 to
the contrary, the minimum lot frontage shall be 19.9 m;
(c)
Notwithstanding the provisions of Section 12.9.19 of By-law No. 100-1998 to
the contrary, the minimum front yard depth for an apartment dwelling with six
(6) units shall be 6 m;
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(d)
Notwithstanding the provisions of Section 12.9.19 of By-law No. 100-1998 to
the contrary, the minimum exterior side yard width for an apartment dwelling
with six (6) units shall be 6 m;
(e)
Notwithstanding the provisions of Section 12.9.19 of By-law No. 100-1998 to
the contrary, the minimum interior side yard width for an apartment dwelling
with six (6) units shall be 4.5 m;
(f)
Notwithstanding the provisions of Section 5.19.2 of By-law No. 100-1998 to
the contrary, the maximum number of driveway entrances for a residential
use shall be two (2);
(g)
All other applicable provisions of this By-law shall apply.
Added by By-law No. Z320-2026
12.9.20
R4-20
(a)
Location: Part Lot 6, Plan 386, Mitchell as in R210391, Municipality of West
Perth and Part Lot 6 Plan 386, Mitchell as in R257745, Municipality of West
Perth (Key Map 32)
(b)
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
'R4-20' the following provisions shall apply:
a.
Minimum Rear Yard Depth: 3.5m
b.
More than one apartment dwelling and/or townhouse dwelling may be
erected on lands zoned R4-20, provided that the provisions of Section
12.7.13 are met.
Added by By-law No. Z319-2026
12.9.21
R4-21
(a)
Location: Block 25, Registered Plan 44M-88, Mitchell, in the Municipality of
West Perth (Key Map 38)
(b)
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
'R4-21', the following provisions shall apply:
a.
Minimum Front Yard Depth: 6m
b.
Minimum Exterior Side Yard Width:
4.5m (Easterly Lot Line)
6m (Westerly Lot Line)
c.
Minimum Rear Yard Depth: 7.5m
d.
No minimum dwelling unit floor area shall apply
Added by By-law No. Z324-2026
12.9.22
R4-22
(a)
Location: Part Park Lot 34, Plan 339, Mitchell, Parts 2 & 3, 44R-2725,
Mitchell, Municipality of West Perth (Key Map 25);
(b)
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
'R4-22', the following provisions shall apply:
a.
Minimum exterior side yard width:
4.5 m
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b.
Minimum interior side yard width:
3.5 m
c.
Minimum lot frontage for an interior end unit:
10 m
(c)
That all other provisions of this By-law, as amended, shall apply.
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SECTION 13 - MOBILE HOME/ MODULAR HOME ZONE (MH)
No person shall within any MH Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
13.1
Permitted Uses
(a) One mobile home/modular home community on one lot;
(b) Home occupations, in accordance with Section 3;
(c) Accessory uses, buildings, and structures, in accordance with Sections 3 and 5.
13.2
Permitted Buildings and Structures
(a)
One mobile home on one site lot;
(b)
One modular home on one site lot;
(c)
Accessory buildings and structures such as administrative or rental office, a
sales office, a recreation centre, a tuck shop to serve the day to day commercial
needs of the residents.
13.3
Requirements for Mobile Home/Modular Home Parks
13.3.1 Lot Area, Minimum 4 hectares (9.88 acres)
13.3.2 Lot Frontage, Minimum 45 m (147.64 ft.)
13.3.3 Front Yard, Minimum 18 m (59.06 ft.)
13.3.4 Interior Side Yard, Minimum 7.5 m (24.61 ft.)
13.3.5 Exterior Side Yard, Minimum 7.5 m (24.61 ft.)
13.3.6 Rear Yard, Minimum 7.5 m (24.61 ft.)
13.3.7 Density, Maximum 20 units per hectare (8 units per acre)
13.3.8 Landscaped Open, Minimum 5 per cent Space
13.3.9 Building Height, Maximum 10.5 m (34.45 ft.)
13.3.10 Parking Requirements
As contained in Section 5.19 of this By-law.
13.3
Requirements for Mobile Home/ Modular Home Sites
13.4.1 Site Area, Minimum 350 sq. m (3,767.49 sq. ft.)
13.4.2 Site Frontage, Minimum 12 m (39.37ft.)
13.4.3 Site Front, Minimum 6 m Yard (19.69 ft.)
13.4.4 Site Interior Side Yard, Minimum
(i)
With an attached garage or carport: 1.2 m (3.94 ft.) on each side
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(ii)
With no attached garage or carport: 1.2 m (3.94 ft.) on one side, 3.5 m
(11.48 ft.) on the other side
13.4.5 Side Exterior Side Yard, Minimum - 6 m (19.69 ft.)
13.4.6 Side Rear Yard, Minimum - 6 m (19.69 ft.)
13.4.7 Site Coverage, Maximum - 35 %
13.4.8 Landscaped Open Space, Minimum - 20 %
13.4.9 Building Height, Maximum - 7.5 m (24.61 ft.)
13.4.10 Parking Requirements
As contained in Section 5.19 of this By-law.
Amended by By-law No. Z98-2007
13.4.11 Minimum gross floor area - 62 sq. m (667.38 sq. ft.)
13.5
Special Requirements
For the purpose of Section 13, "site" shall mean an area of land where a mobile
home/modular home is situated within a mobile home community. Where such "site"
is described in a reference plan or a site plan of the mobile home community then the
words "site" and "lot" shall have a corresponding meaning.
13.6
Special Provisions
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SECTION 14 CORE AREA - COMMERCIAL ZONE (C1)
No person shall within any C1 Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
14.1
Permitted Uses, Buildings, and Structures
(a)
Commercial uses;
(i)
An animal clinic; (i.1) An antique store*;
(i.2)
An artisan's establishment*;
(ii)
An assembly hall;
(iii)
An auction establishment;
(iv)
An automobile parts supply store;
(v)
An automobile renting establishment;
(vi)
A bakery;
(vii)
A bank or financial institution;
(vii.1)
A barber shop or hair dresser*;
(viii)
A beer or liquor store;
(viii.1)
A beer parlour or cocktail bar*;
(viii.2)
A boutique*;
(ix)
A business or professional office use;
(x)
A banquet hall;
(x.1)
A caterer's establishment*;
(xi)
A club, private;
(xi.1)
A convenience business service establishment*;
(xii)
A convenience or variety store;
(xiii)
A day nursery;
(xiv)
A department store;
(xv)
A dress maker or tailor shop;
(xvi)
A dry-cleaning depot or establishment;
(xvii)
An eating establishment, restaurant;
(xviii)
An eating establishment, take out;
(xix)
A florist;
(xx)
A funeral home;
(xx.1)
A government administrative Office*;
(xx.2)
A home decorating store*;
(xx.3)
A home improvement store*;
(xxii)
A hotel;
(xxiii)
A laundromat;
(xxii.1)
A liquor, beer, or wine store*;
(xxiv)
A manse;
(xxv)
A medical clinic;
(xxvi)
A movie video rental and sales establishment;
(xxvii)
A museum;
(xxviii)
A nursery school;
(xxvii.1)
An office*;
(xxvii.2) An office, business*;
(xxvii.3) An office, medical/dental*;
(xxvii.4)
An office service*;
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(xxvii.5)
An office support*;
(xxix)
A parking lot, commercial;
(xxx)
A personal service shop;
(xxxi)
A pet shop;
(xxxii)
A pharmacy;
(xxxi.1)
A place of entertainment*;
(xxxiii)
A post office;
(xxxiv)
A printing and/or publishing establishment;
(xxxv)
A recreational use, commercial;
(xxxvi)
A repair shop or a repair shop, small engine;
(xxxvii)
A retail store; (excluding the retailing of heavy machinery, fuels,
building supplies or any motor vehicles);
(xxxviii)
A school, commercial;
Amended by By-law No. Z34-2002
(xxxix)
A school, private;
(xxxviii.1) A service commercial centre*; (xl) A shopping centre;
(xxxix.1) A supermarket*; (xli) A tavern;
(xlii)
A taxi stand and office;
Amended by By-law No. Z98-2007
(xliii)
A theatre.
Amended by By-law No. Z149-2012
(b)
The following existing commercial uses:
(i)
An automotive gas bar;
(ii)
An automobile repair establishment;
(iii)
An automobile sales and service establishment;
(iv)
An automobile service station;
(v)
An automobile washing establishment.
(c)
Non-commercial/business uses:
Amended by By-law No. Z98-2007
(i)
A public park, in accordance with Section 22;
(ii)
One or more dwelling units in the upper portion of a commercial
building.
(d)
Accessory uses, buildings, and structures, in accordance with Sections 3 and
5.
14.2
Requirements for Commercial Uses Listed in Section 14.1 (a)
14.2.1 Lot Area, Minimum - 150 sq. m (1,614.64 sq. feet)
14.2.2 Lot Frontage, Minimum - 6 m (19.69 feet)
14.2.3 Front Yard, Minimum - 0 m (0 feet)
14.2.4 Interior Side Yard, Minimum
No side yard is required where a commercial use abuts another commercial
use in the C1 zone; 4.5 m (14.76 feet) where a commercial use abuts a use
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other than a commercial use in the C1 zone.
14.2.5 Exterior Side
0 m Yard, Minimum (0 feet)
14.2.6 Rear Yard, Minimum - 7.5 m (24.61 feet)
14.2.7 Building Height, Maximum - 10.5 m (34.45 feet)
Amended by By-law No. Z149-2012
14.2.7.1 Lot Coverage, Maximum - 100 %
14.2.8 Landscaping Requirements, Minimum
A landscaping area in the form of a planting strip shall be provided in
accordance with the provisions of Section 5.23 of this By-law adjacent to
every portion of any lot line that abuts a Residential Zone or an existing
residential lot.
14.2.9 Accessory Residential Uses Accessory residential uses shall be permitted
only in a part of
a commercial use building (i.e. no detached dwelling unit)
and only above the commercial use. Where an accessory residential use is
provided, the minimum dwelling unit floor area shall be in accordance with
Section 12.7.9
14.2.10 Loading Space Requirements
As contained in Section 5.9 of this By-law.
14.2.11 Parking Requirements
As contained in Section 5.19 of this By-law.
14.3
Requirements for Commercial Uses Listed in Section 14.1 (b)
14.3.1 Lot Area, Minimum - 1000 sq. m (10,764.26 sq. feet)
14.3.2 Lot Frontage, Minimum - 24 m (78.74 feet)
14.3.3 Front Yard, Minimum - 6 m (19.69 feet)
14.3.4 Interior Side, Minimum 6 m Yard (19.69 feet)
14.3.5 Exterior Side, Minimum - 6 m Yard (19.69 feet)
14.3.6 Rear Yard, Minimum - 7.5 m (24.61 feet)
14.3.7 Building Height, Maximum - 10.5 m (34.45 feet)
14.3.8 Landscaped Open Space, Minimum - 30 %
14.3.9 Landscaping Requirements, Minimum
A landscaping area in the form of a planting strip shall be provided in
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accordance with the provisions of Section 5.23 of this By-law adjacent to
every portion of any lot line that abuts a Residential Zone or an existing
residential lot.
14.3.10 Accessory Residential Uses Accessory residential uses shall not be
permitted.
14.3.11 Loading Space Requirements
As contained in Section 5.9 of this By-law.
14.3.12 Parking Requirements
As contained in Section 5.19 of this By-law.
14.3.13 Fuel Pump and Storage Tank Location
Fuel pumps shall not be located closer than 4.5 m (14.76 feet) to any street
line or within a radius of 15 m (49.21 feet) of the corner of intersecting streets
on a corner lot. Fuel storage tanks shall not be located closer than 4.5 m
(14.76 feet) to a lot line
14.3.14 Driveway Requirements
No ingress or egress driveway shall exceed 9 m (29.53 feet) in width
measured at the street line. No ingress or egress driveway shall be located
closer than 3 m (9.84 feet) to any side or rear lot line or closer than 15 m
(49.21 feet) to the corner of intersecting streets on a corner lot. All ingress
and egress driveways shall be surfaced with a hardtop with adequate
provision for drainage.
14.3.15 Outdoor Storage
The outdoor storage of goods or materials shall not be permitted.
14.3.16 Outdoor Display Area
As contained in Section 5.17 of this By-law.
14.4
Special Provisions
14.4.1 C1-1
(a)
Location: Part of Lot 56 and 57, Registered Plan No. 339 (Mitchell Ward)
(Key Map 35)
(b)
Notwithstanding any provisions of Section 14.1 of this By-law to the contrary,
the only permitted uses on the land within the "C1-1" zone as shown on Key
Map 35 of Schedule "A" to this By-law shall be a business or professional
office, a residential dwelling unit in a portion of a commercial building, and
accessory uses thereto.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z1-2000
14.4.2 C1-2
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(a)
Location: Lots 5, 6, 23, and part of Lot 22, Registered Plan No. 339 (Key Map
35)
(b)
Notwithstanding the provisions of Section 14.2.6 of By-law No. 100- 1998 to
the contrary, the minimum rear yard (along Marlborough Street) for a 11m x
18m addition to the rear of the existing building (existing on the day of
adoption of By-law No. Z1-2000) situated in the "C1-2" zone as shown on
Schedule "A" to this By-law (also shown on Schedule "A" to By-law No. Z1-
2000) shall be 0.0 m.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z5-2000
14.4.3 C1-3
(a)
Location: Part of Lot 22, Registered Plan No. 339 (Key Map 35)
(b)
Notwithstanding the provisions of Section 14.1 of By-law No. 100-1998 to the
contrary, an additional use described as an automobile and light truck sales
and display area accessory to an existing automobile sales and service
establishment shall be permitted on the land in the "C1-3" zone as shown on
Schedule "A" to this By-law (also shown on Schedule "A" to By-law No. Z5-
2000).
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z18-2001
14.4.4 C1-4
(a)
Location: Part of Lots 10 and 27, Registered Plan No. 339 (Mitchell Ward)
(Key Map 36)
(b)
Notwithstanding the provisions of Section 14.2.6 of By-law No. 100- 1998 to
the contrary, the minimum rear yard (along Ontario Street) for an existing
building (existing on the day of adoption of By-law No. Z18- 2001) situated in
the "C1-4" zone as shown on Schedule "A" to this By- law (also shown on
Schedule "A" to By-law No. Z18-2001) shall be 0.0 m.
(c)
Notwithstanding any provision of this By-law to the contrary, no additional
parking spaces shall be required for a 280 m2 addition to an existing building
(existing on the day of adoption of By-law No. Z18-2001) situated in the "C1-4"
zone as shown on Schedule "A" to this By-law (also shown on Schedule "A" to
By-law No. Z18-2001).
(d)
All other provisions of this By-law shall apply.
Amended by By-law No. Z18-2001
14.4.5 C1-5
(a)
Location: Part of Lot 27, Registered Plan No. 339 (Mitchell Ward) (Key Map
36)
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(b)
Notwithstanding the provisions of Section 14.2.6 of By-law No. 100- 1998 to
the contrary, the minimum rear yard for an existing building (existing on the
day of adoption of By-law No. Z18-2001) situated in the "C1-5" zone as
shown on Schedule "A" to this By-law (also shown on Schedule "A" to By-
law No. Z18- 2001) shall be 1.2 m.
(c)
Notwithstanding any provision of this By-law to the contrary, no on-site
parking spaces shall be required for an existing building (existing on the day
of adoption of By-law No. Z18- 2001) situated in the "C1-5" zone as shown
on Schedule "A" to this By- law (also shown on Schedule "A" to By-law No.
Z18-2001).
(d)
All other provisions of this By-law shall apply.
Amended by By-law No. Z34-2002 Amended by By-law No. Z38-2002
Amended by By-law No. Z72-2005 Deleted by By-law No. Z149-2012
14.4.6 C1-6
Amended by By-law No. Z43-2003 Amended by By-law No. Z79-2005
14.4.7 C1-7
(a)
Location: Part of Lot 30, Registered Plan No. 339 (Mitchell Ward) (Key Map
36)
(b)
Notwithstanding the provisions of Section 14.1(a) of By-law No. 100- 1998 to
the contrary, an additional use described as a seasonal outdoor garden centre
shall be permitted on the land in the "C1-7" zone as shown on Schedule "A"
to this By-law (also shown on Schedule "A" to By-law No. Z79-2005).
(c)
Notwithstanding any provision of this By-law to the contrary, a seasonal
outdoor garden centre as permitted in clause (b) above shall be defined to
mean: an establishment in which seeds, bulbs, roses, flowers, shrubs,
seasonal trees, fertilizers, soils, conditioners, mulches, planters, bird baths,
unmotorized lawn accessories, unmotorized garden tools and accessories,
lawn furnishings, and insect controls are offered for sale to the general public
and shall also include accessory uses.
(d)
All other provisions of this By-law shall apply.
Amended by By-law No. Z47-2003
14.4.8 C1-8
(a)
Location: Lot 40 and Pt. of Lot 57, Registered Plan No. 339(Mitchell Ward)
(Key Map 35)
(b)
Notwithstanding the provisions of Section 14.1 of By-law No. 100-1998 to the
contrary, an additional use described as a three-bay coin operated
automobile washing establishment shall be permitted on the land in the "C1-
8" zone as shown on Schedule "A" to this By-law (also shown on Schedule
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"A" to By-law No. Z47-2003).
(c)
Notwithstanding any provision of By- law No. 100-1998 to the contrary, the
provisions of Section 14.3 of By-law No. 100-1998 shall apply to any
permitted use on the land in the "C1- 8" zone as shown on Schedule "A" to
this By-law, with the exception of the following provisions:
(i)
Rear Yard, Minimum - 4.0 m;
(ii)
Minimum Number of Parking Spaces - 14
(d)
All other provisions of this By-law shall apply.
Amended by By-law No. Z62-2004 Deleted by By-law No. Z98-2007
14.4.9 C1-9
Amended by By-law No. Z84-2006
14.4.10 C1-10
(a)
Location: Part of Lot 31, Registered Plan No. 339 (Mitchell Ward) (Key Map
36)
(b)
Notwithstanding the provisions of Section 14.1(a) and 14.2.9 of By- law No.
100-1998 to the contrary, an additional use described as a single-detached
dwelling and accessory uses, buildings and structures shall be permitted on the
land in the "C1-10" zone as shown on Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z84-2006).
(c)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, the zone
provisions of Sections 10.2.3, 10.2.4, 10.2.6, 10.2.7, 10.2.8, 10.2.9, 10.2.10, and
10.2.11 shall apply to the single- detached dwelling use as permitted in Clause (b)
above.
(d)
All other applicable provisions of By- law No. 100-1998, as amended, shall apply.
Amended by By-law No. Z133-2011
14.4.11 C1-11
(a)
Location: Part of Lot 44 and Part of Lot 61, Registered Plan No. 339
(Mitchell Ward) (Key Map 36)
(b)
Notwithstanding the provisions of Section 5.9 and Section 14.2.11 or any
other provisions of By-law No. 100-1998 to the contrary, the minimum number
of parking spaces permitted for a two storey commercial building with four (4)
residential apartment dwelling units on the land located in the "C1-11" zone
as shown on Key Map 36 of Schedule "A" to By-law No. 100- 1998 (also
shown on Schedule "A" to By-law No. Z133-2011 shall be seven (7) spaces.
(c)
All other applicable provisions of By- law No. 100-1998, as amended, shall
apply.
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SECTION 15 - HAMLET/VILLAGE COMMERCIAL ZONE (C2)
No person shall within any C2 Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
15.1
Permitted Uses, Buildings, and Structures
Amended by By-law No. Z149-2012
(a)
Commercial uses:
(i)
An antique store;
(ii)
Barber shop or hair dresser;
(iii)
A beer parlour or cocktail bar;
(iv)
A boutique;
(v)
A caterer's establishment;
(vi)
A club, private;
(vii)
A convenience business service establishment;
(viii)
A convenience (or variety store);
(ix)
A day nursery and/or nursery school;
(x)
A department store;
(xi)
A dress maker or tailor;
(xii)
An eating establishment, restaurant;
(xiii)
An eating establishment, takeout or fast food;
(xiv)
A florist;
(xv)
A funeral home;
(xvi)
A government administrative office;
(xvii)
A home decorating store;
(xviii)
A home improvement store;
(xix)
A hotel;
(xx)
A liquor, beer, or wine store;
(xxi)
An office;
(xxii)
An office, business;
(xxiii)
An office, medical/dental;
(xxiv)
An office service;
(xxv)
An office support;
(xxvi)
A personal service establishment;
(xxvii)
A pharmacy;
(xxviii) A place of entertainment;
(xxix)
A post office;
(xxx)
A recreational use, commercial;
(xxxi)
A rental establishment;
(xxxii)
A repair shop;
(xxxiii) A repair shop, small engine;
(xxxiv) A retail store;
(xxxv)
A service commercial centre;
(xxxvi) A taxi establishment;
(xxxvii) A variety store.
(b)
Automobile related commercial uses:
(i)
An automobile gas bar;
(ii)
An automobile repair establishment;
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(iii)
An automobile sales and service establishment;
(iv)
An automobile service station.
(c)
Accessory uses, including an accessory office use and/or an accessory
residential use (i.e. in the rear or on the upper floor(s) of a commercial
building).
15.2
Requirements for Commercial Uses Listed in Section 15.1 (a)
15.2.1 Lot Area, Minimum - 1400 sq. m (15,069.96 sq. feet)
15.2.2 Lot Frontage, Minimum - 30 m (98.42 feet)
15.2.3 Front Yard, Minimum - 6 m (19.69 feet)
15.2.4 Interior Side Yard, Minimum
No side yard is required where a commercial use abuts another
commercial use in the "C2" zone; 4.5 m (14.76 feet) where a commercial
use abuts a use other than a commercial use in the "C2" zone.
15.2.5 Exterior Side, Minimum - 6 m Yard (19.69 feet)
15.2.6 Rear Yard, Minimum - 7.5 m (24.61 feet)
15.2.7 Lot Coverage, Maximum - 35 per cent
15.2.8 Building Height, Maximum - 10.5 m (34.45 feet)
15.2.9 Landscaped Open Space, Minimum - 30 per cent
Amended by By-law No. Z98-2007
15.2.10 Landscaping Requirements, Minimum
A landscaping area in the form of a planting strip shall be provided in
accordance with the provisions of Section 5.23 of this By-law adjacent to
every portion of any lot line that abuts a Residential Zone or an existing
residential lot.
15.2.11 Servicing Requirements
Any commercial use shall be of a nature that it does not require municipal
water and sewage services.
Amended by By-law No. Z34-2002
15.2.12 Accessory Residential Uses Accessory residential use shall be permitted
only in a part of a commercial use building (i.e. no detached dwelling unit)
and only to the rear of or above the commercial use. Where an accessory
residential use is provided, a minimum additional lot area of 930 m2
(10,010.76 square feet) is required.
15.2.13 Loading Space Requirements
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As contained in Section 5.9 of this By-law.
15.2.14 Parking Requirements
As contained in Section 5.19 of this By-law.
15.3
Requirements for Commercial Uses Listed in Section 15.1 (b)
15.3.1 Lot Area, Minimum - 1850 sq. m (19,913.89 sq. feet)
15.3.2 Lot Frontage, Minimum - 45 m (147.64 feet)
15.3.3 Front Yard, Minimum - 6.0 m (19.69feet)
15.3.4 Interior Side Yard, Minimum - 6 m (19.69 feet)
15.3.5 Exterior Side Yard, Minimum - 6 m (19.69 feet)
15.3.6 Rear Yard, Minimum - 6 m (19.69 feet)
15.3.7 Lot Coverage, Maximum - 35 %
15.3.8 Building Height, Maximum - 10.5 m (34.45 feet)
15.3.9 Landscaped Open Space, Minimum - 30 per cent
15.3.10 Landscaping Requirements, Minimum
A landscaping area in the form of a planting strip shall be provided in
accordance with the provisions of Section 5.23 of this By-law adjacent to
every portion of any lot line that abuts a Residential Zone or an existing
residential lot.
15.3.11 Servicing Requirements
Any commercial use shall be of a nature that it does not require municipal
water and sewage services.
15.3.12 Fuel Pump and Storage Tank Location
Fuel pumps shall not be located closer than 4.5 m (14.76 feet) to any street
line or within a radius of 15 m (49.21 feet) of the corner of intersecting streets
on a corner lot. Fuel storage tanks shall not be located closer than 4.5 m
(14.76 feet) to a lot line.
15.3.13 Loading Space Requirements
As contained in Section 5.9 of this By-law.
15.3.14 Parking Requirements
As contained in Section 5.19 of this By-law.
15.3.15 Driveway Requirements
No ingress or egress driveway shall exceed 9 m (29.53 feet) in width
measured at the street line. No ingress or egress driveway shall be located
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closer than 3 m (9.84 feet) to any side or rear lot line or closer than 15 m
(49.21 feet) to the corner of intersecting streets on a corner lot. All ingress
and egress driveways shall be surfaced with a hardtop with adequate
provision for drainage.
15.3.16 Outdoor Storage
The outdoor storage of goods or materials shall not be permitted.
15.3.17 Outdoor Display Area
As contained in Section 5.17 of this By-law
15.3.18 Accessory Residential use Accessory residential uses shall be permitted
only in a part of a commercial use building (i.e. no detached dwelling unit)
and only to the rear of or above the commercial use. Where an accessory
residential use is provided, a minimum additional lot area of 930 m2
(10,010.76 square feet) is required.
15.4
Special Provisions
15.4.1 C2-1
(a)
Location: Part of Mill Block, Registered Plan No. 315 (Hibbert Ward) (Key
Map 23)
(b)
Notwithstanding any provisions of Section 15.1 of this By-law to the
contrary, the only permitted uses on the land within the "C2- 1" zone as
shown on Key Map 23 of Schedule "A" to this By-law shall be business or
professional office uses, financial institutions, personal service shops, retail
stores, and accessory uses thereto, excluding any accessory residential
uses.
(c)
Notwithstanding any provisions of this By-law to the contrary, the maximum
number of employees uses the building premises at any one time shall be
limited to a maximum of 6.
(d)
All other applicable provisions of this By-law shall apply.
15.4.2 C2-2
(a)
Location: Pt. Lot 4, Registered Plan No 316 and Lots 85 to 87, and Pt. Lot
84, Registered Plan No. 315 (Hibbert Ward) (Key Map 23)
(b)
Notwithstanding any provisions of Section 15.1 of this By-law to the
contrary, the only permitted uses on the land within the "C2- 2" zone as
shown on Key Map 23 of Schedule "A" to this By-law shall be a cable
television business, including an office, studio, warehouse showroom,
satellite receiving dishes and receiving tower, and accessory uses thereto,
including any accessory retailing of signal devices.
(c)
All other applicable provisions of this By-law shall apply.
15.4.3 C2-3
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(a)
Location: Part of Lot 13, Registered Plan No 479 (Logan Ward) (Key Map
14)
(b)
Notwithstanding any provisions of Section 15.1 of this By-law to the
contrary, the only permitted uses on the land within the "C2- 3" zone as
shown on Key Map 14 of Schedule "A" to this By-law shall be a use described
as the storage of agricultural equipment and a related workshop and
accessory uses.
(c)
All other applicable provisions of this By-law shall apply.
15.4.4 C2-4
(a)
Location: Part of Lot 24, Concession 1 (Hibbert Ward) (Key Map 21)
(b)
Notwithstanding any provisions of Section 15.1 of this By-law to the
contrary, any additional permitted uses described as propane sales shall
also be permitted on the land within the "C2-4" zone as shown on Key Map
21 of Schedule "A" to this By-law.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z56-2004
15.4.5 C2-5
(a)
Location: Part of Lot 35, North Thames Road Concession (Fullarton Ward)
(Key Map]
Amended by By-law No. Z109-2009
15.4.6 C2-6
(a)
Location: Lot 5, Registered Plan No. 452, (Part of Lot 30, Concession 8)
Logan Ward (Key Map 10)
(b)
Notwithstanding the provisions of Section 15.1 of By-law No. 100- 1998 to
the contrary, the following additional uses shall be permitted in the "C2-6"
zone as shown on Key Map 10 of Schedule "A" to By- law No. 100-1998 (also
shown on Schedule "A" to By-law No. Z109- 2009):
(i)
A small motorized vehicles retail sales and service establishment;
and
(ii)
A warehouse.
(c)
Notwithstanding the provisions of Section 5.19.1 of By-law No. 100- 1998 to
the contrary, the minimum number of on-site parking spaces for the
additional uses permitted in clause (b) above, in the "C2-6" zone as shown
on Key Map 10 of Schedule "A" to By-law No. 100- 1998 (also shown on
Schedule "A" to By-law No. Z109-2009) shall be 0.
(d)
All other provisions of By-law No. 100-1998 shall apply.
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Amended by By-law No. Z111-2009
15.4.7 C2-7
(a)
Location: Part of Lot 16, Concession 2 (Logan Ward) (Key Map 27)
(b)
Notwithstanding the provisions of Section 15.1 of By-law No. 100- 1998 to
the contrary, the following additional uses shall be permitted in the "C2-7"
zone as shown on Key Map 27 of Schedule "A" to By- law No. 100-1998
(also shown on Schedule "A" to By-law No. Z111- 2009):
(i)
A medical supply sales and service establishment; and
(ii)
A pharmacy.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z142-2012
15.4.8 C2-8
(a)
Location: Part of Lot 109 and Lot 110, Registered Plan No. 315 (Dublin)
Hibbert Ward (Key Map 23)
(b)
Notwithstanding the provisions of Section 15.2.3 of this By-law to the
contrary, the minimum front yard for any new building located in the "C2-8"
zone as shown on Schedule "A" to this By-law (also shown on Schedule "A"
to By-law No. Z142-2012) shall be 1.5 m.
(c)
Notwithstanding the provisions of Section 15.2.7 of this By-law to the
contrary, the maximum lot coverage for the land located in the "C2-8" zone
as shown on Schedule "A" to this By-law (also shown on Schedule "A" to
By-law No. Z142-2012) shall be 55 per cent.
(d)
All other provisions of By-law No. 100-1998 shall apply.
Added by By-law No. Z253-2021
15.4.9 C2-9
(a)
Location: Part Lot 25 and Part Lot 8, R.P. 315 (part of 3992 Matilda Street), Dublin,
Hibbert Ward;
(b)
Notwithstanding Section 15.2.6 to the contrary, for the lands zoned C2-9, the
required rear yard setback shall be 3.0 m;
(c)
All other provisions of this By-law shall apply.
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SECTION 16 - HIGHWAY COMMERCIAL ZONE (C3)
No person shall within any C3 Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
16.1
Permitted Uses, Buildings, and Structures
(a)
An animal clinic;
Amended by By-law No. Z149-2012
(a.1)
An artisan's establishment;
(b)
An auction sales facility;
(c)
An automobile gas bar;
(d)
An automobile parts distributor;
(e)
An automobile repair establishment, including automotive repair specialty
shops such as brake shops, lube shops, muffler shops, tire shops, auto glass
repair and replacement shops, rust proofing shops, and other similar uses,
but excluding auto body repair shops;
(f)
An automobile
sales
and service establishment;
(g)
An automobile service station;
(h)
A building supply outlet and related hardware sales;
(i)
A bus depot;
Amended by By-law No. Z149-2012
(i.1)
A convenience business service establishment;
(j)
A convenience store;
Amended by By-law No. Z34-2002
(k)
An eating establishment, restaurant;
(l)
An eating establishment, take out or fast food;
(m)
A farm equipment/ implement sales, service, and repair establishment;
(n)
A farm produce sales outlet;
(o)
A farm supplies outlet;
(p)
A garden centre and nursery establishment;
(q)
A golf course, miniature;
Amended by By-law No. Z149-2012
(q.1)
A landscape supply outlet;
(r)
A lawn and garden equipment sales, service, and repair establishment;
Amended by By-law No. Z149-2012
(r.1)
A liquor, beer, or wine store;
(s)
A motel;
Amended by By-law No. Z149-2012
(s.1)
An office, medical/dental;
Amended by By-law No. Z149-2012
(s.2)
A place of entertainment;
(t)
A recreational commercial use;
(u)
A recreational vehicle sales, service, and repair establishment;
(v)
A rental establishment;
Amended by By-law No. Z149-2012
(v.1)
A self-storage establishment;
Amended by By-law No. Z149-2012
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(v.2)
A service commercial centre;
Amended by By-law No. Z149-2012
(v.3)
A supermarket;
(w)
A steel and equipment distributor;
Amended by By-law No. Z149-2012
(w.1) A taxi establishment;
(x)
A truck depot;
(y)
A truck sales, service, and repair establishment;
Amended by By-law No. Z149-2012
(y.1)
A wholesale establishment;
(z)
Accessory uses, buildings, and structures, including an accessory office use
and an accessory retail outlet.
16.2
Requirements for Permitted Uses and Accessory Uses, Buildings, and
Structures
16.2.1 Lot Area, Minimum - 1850 sq. m (19,913.88 sq. feet)
16.2.2 Lot Frontage, Minimum - 30 m (98.42 feet)
16.2.3 Front Yard, Minimum - 15 m (49.21 feet)
16.2.4 Interior Side Yard Minimum - 6 m (19.68 feet)
16.2.5 Exterior Side Yard, Minimum - 7.5 m (24.61 feet)
16.2.6 Rear Yard, Minimum - 7.5 m (24.61 feet)
16.2.7 Lot Coverage, Maximum - 35 %
16.2.8 Building Height, Maximum - 10.5 m (34.45 feet)
16.2.9 Landscaped Open Space, Minimum - 30 %
16.2.10 Landscaping Requirements, Minimum
A landscaping area in the form of a planting strip shall be provided in
accordance with the provisions of Section 5.23 of this By-law adjacent to
every portion of any lot line that abuts a Residential Zone or an existing
residential lot.
16.2.11 Deleted by By-law Z307-2025
16.2.12 Fuel Pump and Storage Tank Location
Fuel pumps shall not be located closer than 4.5 m (14.76 feet) to any street
line or within a radius of 15 m (49.21 feet) of the corner of intersecting streets
on a corner lot. Fuel storage tanks shall not be located closer than 4.5 m
(14.76 feet) to a lot line.
16.2.13 Loading Space Requirements
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As contained in Section 5.9 of this By-law.
16.2.14 Parking Requirements
As contained in Section 5.19 of this By-law.
16.2.15 Driveway Requirements
(a)
No ingress or egress driveway shall exceed 9 m (29.52 feet) in width
measured at the lot line.
(b)
No ingress or egress driveway shall be located closer than 3 m (9.84 feet)
to any side or rear lot line.
(c)
No ingress or egress driveway shall be located closer than 15 m (49.21 feet)
to the corner of intersecting streets on a corner lot. All ingress and egress
driveways shall be surfaced with a hardtop material with adequate provision
for drainage.
16.2.16 Outdoor Storage
As contained in Section 5.18 of this By-law.
16.2.17 Outdoor Display Area
As contained in Section 5.17 of this By-law.
16.3
Special Provisions
16.3.1 C3-1
(a)
Location: Part of Park Lot 59, Registered Plan No. 341 (Mitchell Ward) (Key
Map 34)
(b)
Notwithstanding provisions of Section 16.1 this By-law to the contrary, an
existing single detached dwelling shall be permitted as an accessory use to a
horticultural nursery and garden centre on the lands in the "C3-1" zone as
shown on Key Map 34 of Schedule "A" to this By-law.
(c)
All other applicable provisions of this By-law shall apply.
16.3.2 C3-2
(a)
Location: Lot 58, Registered Plan No. 341(Mitchell Ward) (Key Map 34)
(b)
Notwithstanding the provisions of Section 16.1 of this By-law to the contrary,
additional uses described as a motor vehicle body shop and accessory uses,
included an accessory single-detached dwelling, shall be permitted on the
lands in the "C3-2" zone as shown on Key Map 34 of Schedule "A" to this By-
law.
(c)
All other applicable provisions of this By-law shall apply.
16.3.3 C3-3
(a)
Location: Part of Lot 12, Concession 1 (Logan Ward) (Key Map 37)
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(b)
Notwithstanding provisions of Section 16.1 this By-law to the contrary, the
lands in the "C3-3" zone as shown on Key Map 37 of Schedule "A" to this By-
law shall only be used for the following:
(i)
An automobile service establishment;
(ii)
An automobile sales establishment;
(iii)
An automobile washing establishment;
(iv)
A public garage, excluding an automobile body repair shop;
(v)
A gas bar;
(vi)
A drive-in or take-out restaurant;
(vii)
The sale of baked goods;
(viii)
A contractor's shop;
(ix)
A rental agency;
(x)
A farm produce retail outlet;
(xi)
A variety or convenience store;
(xii)
A shopping centre;
(xiii)
Accessory uses.
(c)
The maximum gross floor area of a shopping centre constructed on the site
shall be 810 m2.
(d)
The total maximum gross floor area of all buildings to be constructed on the
site shall be 822 m2.
(e)
The minimum lot area shall be 1.15 hectares;
(f)
All other applicable provisions of this By-law shall apply.
16.3.4 C3-4
(a)
Location: Part of Lot 12, Concession 1 (Logan Ward) (Key Map 37)
(b)
Notwithstanding provisions of Section 16.1 this By-law to the contrary, the
lands in the "C3-4" zone as shown on Key Map 37 of Schedule "A" to this
By-law shall only be used for the following:
(i)
An automobile service establishment;
(ii)
An automobile sales establishment;
(iii)
An automobile washing establishment;
(iv)
A public garage, excluding an automobile body repair shop;
(v)
A gas bar;
(vi)
A contractor's shop;
(vii)
A rental agency;
(viii)
A farm produce retail outlet;
(ix)
A truck repair and service establishment;
(x)
Accessory uses, excluding any accessory residential use.
(c)
All other applicable provisions of this By-law shall apply.
Deleted by By-law No. Z149-2012
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16.3.5 C3-5
16.3.6 C3-6
(a)
Location: Part of Lot 15, Concession 2 (Logan Ward) (Key Map 28)
(b)
Notwithstanding the provisions of Section 16.1 this By-law to the contrary, the
lands in the "C3-6" zone as shown on Key Map 28 of Schedule "A" to this By-
law shall only be used for the sales and service of outdoor power equipment
(including: garden tractors;
lawnmowers; snowmobiles; and all-terrain
vehicles) as well as an accessory residential use.
(c)
All other applicable provisions of this By-law shall apply.
16.3.7 C3-7
(a)
Location: Part of Lot 14, Concession 16 (Logan Ward) (Key Map 3)
(b)
Notwithstanding any provisions of this By-law to the contrary, the lands in
the "C3-7" zone as shown on Key Map 3 of Schedule "A" to this By-law shall
only be used for an auto repair business, an automobile sales business, and
accessory uses, excluding any accessory residential uses.
(c)
Notwithstanding any provisions of this By-law to the contrary, the display of
automobiles for sale shall be permitted in the front yard but shall be no closer
the 0.76 m to the property line.
(d)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z28-2001 Deleted by By-law No. Z63-2004
16.3.8 C3-8
Amended by By-law No. Z88-2006
16.3.8 C3-8
(a)
Location: Part of Lot 15, Concession 2 (Logan Ward) (Key Map 28)
(b)
Notwithstanding the provisions of Section 16.1 of By-law No. 100- 1998 to
the contrary, the only permitted uses on the land in the "C3-8" zone as
shown on Schedule "A" to this By-law (also shown on Schedule "A" to By-
law No. Z88-2006) shall be:
(i)
An automobile gas bar;
(ii)
An automobile parts distributor;
(iii)
An automobile sales and service establishment;
(iv)
An automobile service station;
(v)
An automobile repair establishment, including automotive repair
specialty shops such as brake shops, lube shops, muffler shops, tire
shops, auto glass repair and replacement shops, and other similar
uses, but excluding auto body repair shops, rust proofing shops, and
paint shops; and
(vi)
accessory uses.
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(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z90-2006
16.3.9 C3-9
(a)
Location: Part of Park Lot 5, Registered Plan No. 339 (Mitchell Ward) (Key
Map 32)
(b)
Notwithstanding the provisions of Sections 16.1 of By-law No. 100- 1998 to
the contrary, an additional use described as a business or professional office
shall be permitted on the land in the "C3-9" zone as shown on Key Map 32 of
Schedule "A" to By-law No. 100- 1998 (also shown on Schedule "A" to By-law
No. Z90-2006).
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z167-2014 Amended by By-law No. Z167-2014
16.3.10 C3-10
(a)
Location: Part of Park Lot 5, Registered Plan No. 339 (Mitchell Ward) (Key
Map 32).
(b)
Notwithstanding the provisions of Sections 16.1 of By-law No. 100- 1998 to
the contrary, only the following uses shall be permitted in the "C3-10" zone
as shown on Key Map 32 of Schedule "A" to By-law No. 100-1998 (also shown
on Schedule "A" to By-law No. Z174-2015):
(i)
An artisan's establishment;
(ii)
An automobile sales and service establishment;
(iii)
A convenience business service establishment;
(iv)
A convenience store;
(v)
An eating establishment, restaurant;
(vi)
A liquor, beer, or wine store;
(vii)
An office, business
(viii)
An office, medical/dental;
(ix)
A place of entertainment;
(x)
A plumbing and heating office and showroom;
(xi)
A rental establishment;
(xii)
A self-storage establishment;
(xiii)
A service commercial centre;
(xiv)
A taxi establishment; and
(xv)
Accessory uses, buildings, and structures, including an accessory
office use and an accessory retail outlet.
(c)
Notwithstanding the provisions of Sections 16.2.1 of By-law No. 100-1998
to the contrary, the minimum lot area for a parcel of land located within the
"C3-10" zone shall be 1,840 m2.
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(d)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Added by By-law No. 309-2025
16.3.11
C3-11
(a)
Location: Part Lot 18, Concession 1, Logan Part 1, 44R-6181; in the
Municipality of West Perth
(b)
Notwithstanding Section 5.9.2 of By-law No. 100-1998, as amended, loading
spaces may be permitted on the property, within or outside any defined front,
side, rear or exterior yard, provided that:
-
Said loading space is not located in the required yard setback, as
defined by the By-law; and
-
Where a loading space is located adjacent to a public road or residential
use and is not screened by a building and/or structure, alternative forms
of screening shall be required (such as fencing and/or landscaping)
(c)
In addition to the permitted uses in Section 16.1 of By-law No. 100-1998, as
amended, the lands zoned C3-11, as shown on Key Map 34 of Schedule "A",
to this By-law shall also be permitted the following uses:
-
Car Wash
-
Pharmacy with a minimum gross floor area of 400 m2;
-
Laundromat with a minimum gross floor area of 400 m2;
-
Pet sore with a minimum gross floor area of 400m2
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SECTION 17 - SECONDARY COMMERCIAL ZONE (C4)
No person shall within any C4 Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
17.1
Permitted Uses, Buildings, and Structures
*Amended by By-law No. Z149-2012
(a)
A business or professional office use;
*
(a.1)
An antique store;
* (a.2)
A barber shop or hair dresser;
* (a.3)
A boutique;
* (a.4)
A caterer's establishment;
* (a.5) A convenience business service establishment;
* (a.6)
A convenience or variety store;
(b)
A day nursery and/or nursery school;
* (b.1)
A dressmaker or tailor;
(c)
An eating establishment, restaurant;
(d)
Existing residential uses and additions thereto (including bed and
breakfast est.);
(e)
A financial institution;
* (e.1)
a florist shop;
* (e.2)
a government administrative office;
* (e.3)
a home decorating store;
* (e.4)
an office;
* (e.5)
an office, business;
* (e.6)
an office service;
* (e.7)
an office support;
(f)
A personal service establishment;
(g)
A retail store;
(h)
A variety store;
(i)
Accessory uses, including an accessory office use and/or an accessory
residential use (i.e. in the rear or on the upper floor(s) of a commercial
building).
17.2
Requirements for Commercial Uses
Amended by By-law No. Z98-2007
17.2.1 Lot Area, Minimum - 1,000 sq. m (10,764.26 sq. feet)
17.2.2 Lot Frontage, Minimum - 30 m (98.42 feet)
17.2.3 Front Yard, Minimum - 6 m (19.69 feet)
17.2.4 Interior Side Yard, Minimum
No side yard is required where a commercial use abuts another commercial
use in a commercial zone; 4.5 m (14.76 feet) where a commercial use abuts
a use other than a commercial use in a commercial zone.
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17.2.5 Exterior Side Yard, Minimum - 6 m (19.69 feet)
17.2.6 Rear Yard, Minimum - 7.5 m (24.61 feet)
17.2.7 Lot Coverage, Maximum - 35 %
17.2.8 Building Height, Maximum - 10.5 m (34.45 feet)
17.2.9 Landscaped Open Space, Minimum - 30 %
17.2.10 Landscaping Requirements, Minimum
A landscaping area in the form of a planting strip shall be provided in
accordance with the provisions of Section 5.23 of this By-law adjacent to
every portion of any lot line that abuts a Residential Zone or an existing
residential lot.
17.2.11 Accessory Residential Uses Accessory residential uses shall be permitted
only in a part of a commercial use building (i.e. no detached dwelling unit)
and only above the commercial use. Where an accessory residential use is
provided, a minimum additional lot area of 930 m2 (10,010.76 square feet) is
required.
17.2.12 Loading Space Requirements
As contained in Section 5.9 of this By-law.
17.2.13 Parking Requirements
As contained in Section 5.19 of this By-law.
17.2.14 Maximum Gross Floor Area
The maximum gross floor area for a retail store shall be 112 m2 (1,205 square
feet)
17.3
Special Provisions
17.3.1 C4-1
(a)
Location: Part of Lot 34, Registered Plan No. 339 (Mitchell Ward) (Key Map
36)
(b)
Notwithstanding any provisions of Section 17.1 of this By-law to the contrary,
commercial uses described as an eating establishment shall not be permitted
on the land within the "C4-1" zone as shown on Key Map 36 of Schedule "A"
to this By-law.
(c)
All other applicable provisions of this By-law shall apply.
17.3.2
C4-2
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(a)
Location: Lot 336, Registered Plan No. 339 (Mitchell Ward) (Key Map 36)
(b)
Notwithstanding the provisions of Section 17.1 of this By-law to the contrary,
a bed and breakfast establishment and a tea room (being area of not more
the 100 m2 where light meals and non-alcoholic beverages are sold to the
public for immediate consumption on the premises but does not include an
eating establishment, a drive-in or take out restaurant or a snack bar) shall
be permitted in addition to those uses permitted under Section 17.1 on the
land within the "C4-2" zone as shown on Key Map 36 of Schedule "A" to this
By-law.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z41-2003
17.3.3 C4-3
(a)
Location: Lot 358, Registered Plan No. 339 (Mitchell Ward) (Key Map 36)
(b)
Notwithstanding the provisions of Section 17.1 of By-law No. 100-1998 to
the contrary, only the following uses shall be permitted on the land in the "C4-
3" zone as shown on Key Map 36 of Schedule "A" to By-law No. 100-1998
(also shown on Schedule "A" to By-law No. Z41- 2003):
(i)
A business or professional office;
(ii)
A financial institution;
(iii)
A personal service establishment;
(iv)
A retail store;
(v)
Accessory uses, including an accessory residential use in the rear
or upper floor of a commercial building.
(c)
Notwithstanding the provisions of Section 17.2.1 of By-law No. 100-1998 to the
contrary, the minimum lot area for the land in the "C4-3" zone as shown on Key
Map 36 of Schedule "A" to By-law No. 100-1998 (also shown on Schedule "A"
to By- law No. Z41-2003) shall be 1,000 m2.
(d) Notwithstanding the provisions of Section 17.2.3 of By-law No. 100-1998 to the
contrary, the minimum front yard for any permitted building or structure on the
land in the "C4-3" zone as shown on Key Map 36 of Schedule "A" to By-law No.
100- 1998 (also shown on Schedule "A" to By-law No. Z41-2003) shall be 4.5
m.
(e) Notwithstanding the provisions of Section 17.2.9 of By-law No. 100-1998 to the
contrary, the minimum Landscaped Open Space for the land in the "C4-3" zone
as shown on Key Map 36 of Schedule "A" to By-law No. 100-1998 (also shown
on Schedule "A" to By-law No. Z41- 2003) shall be 24.5 per cent.
(f)
All other provisions of By-law No. 100-1998 shall apply. 17.3.3
Amended by By-law No. Z46-2003
17.3.4 C4-4
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(a)
Location: Lot 51, Registered Plan No. 339 (Mitchell Ward) (Key Map 34)
(b)
Notwithstanding the provisions of Section 17.2.1 of By-law No. 100- 1998 to
the contrary, the minimum lot area for the land in the "C4-4" zone as shown
on Key Map 36 of Schedule "A" to By-law No. 100- 1998 (also shown on
Schedule "A" to By-law No. Z46-2003) shall be 1,000 m2.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z121-2009
17.3.5 C4-5
(a)
Location: Lots 340 and 341 and Part of Park Lot 319, Registered Plan No.
339 (Mitchell Ward) (Key Map 36)
(b)
Notwithstanding the provisions of Section 17.1 of By-law No. 100- 1998 to
the contrary, the land in the "C4-5" zone, as shown on Key Map 36 of
Schedule "A" to this By- law (also shown on Schedule "A" to By-law No.
Z121-2009), the following uses shall be permitted:
(i)
An automotive gas bar;
(ii)
An automobile washing establishment as defined in Section 3.12 (a)
of By-law No. 100-1998;
(iii)
A convenience store;
(iv)
A retail store; and
(v)
Accessory uses, including an accessory apartment use located
above the convenience store.
(c)
Notwithstanding the provisions of Section 17.2 and 17.3 of By-law No. 100-
1998 to the contrary, the following requirements shall apply to uses
permitted by clause (b) above on the land in the "C4-5" zone as shown on
Key Map 36 of Schedule "A" this By-law (also shown on Schedule "A" to By-
law No. Z121-2009).
(i)
Lot Area, Minimum - 1,400.0 m2.
(ii)
Lot Frontage, Minimum - 30.0 m.
(iii)
Front Yard, Minimum (Wellington Street) - 5.0 m.
(iv)
Exterior Side Yard - Minimum 6 m
(v)
Rear Yard, Minimum - 4.5 m.
(vi)
Lot Coverage, Maximum - 40 % (including canopy over automotive
gas bar).
(vii)
Building Height, Maximum - 10.5 m.
(viii)
Landscaped Open Space Minimum - 25 per cent.
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(ix)
Planting/Landscaping Requirements - As contained in Section
5.23.
(x)
Loading Space Requirements - As contained in Section 5.9 of this By-
law.
(xi)
Parking Space Requirements - As contained in Section 5.19 of this
By-law.
(xii)
Gross Floor Area, Maximum - 600 m2.
(xiii)
Daylight Triangle - As contained in Section 5.16 of this By-law.
(xiv)
Location of Fuel Pumps - As contained in Section 14.3.13 of this By-
law.
(xv)
Location of Fuel Storage Tanks - Shall remain as they lawfully existed
prior to the adoption of By-law No. Z121-2009.
(xvi)
Canopy Location - The canopy may be located at a distance of not
less than 1.5 m from any lot line and must also be located at a distance
of not less than 3 m from the required daylight triangle.
(xvii)
Driveways
(a)
The width of a two-way entrance or exit ramp shall not be
less than 7.0 m nor more than 10.5 m along the street
line. The width of a one-way exit ramp shall be not less than
3.0 m nor more than 5.0 m along the streetline.
(b)
No entrance or exit ramp shall be located within 1.5 m of the
side or rear lot line than the abuts an adjoining lot.
(c)
No entrance or exit ramp shall be located within 9 m of any
other ramp measured along the street line.
(d)
No entrance or exit ramp shall be located within 9.0 m of the
intersection of street lines.
(xviii)
Location of Sign - As contained in the Ward of Mitchell Sign By-law
No. 69- 2004.
(d)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
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SECTION 18 - LIGHT INDUSTRIAL ZONE (M1)
No person shall within any M1 Zone use any land or erect, alter, or use any building or structure
for any purpose except in accordance with the following provisions:
18.1
Permitted Uses
(a)
An assembly hall;
(b)
An auction establishment, excluding a livestock auction facility;
Amended by By-law No. Z149-2012
(b.1)
An automobile parts supply store;
(c)
An automobile repair establishment;
(d)
An automobile service station;
(e)
An automobile washing establishment;
(f)
An automotive gas bar;
(g)
A cold storage plant;
(h)
A communication facility;
(i)
Contractor's yard or shop;
Amended by By-law No. Z149-2012
(i.1)
A factory outlet;
(j)
A farm implements sales and service establishment;
Amended by By-law No. Z149-2012
(j.1)
A fuel pump island; office;
(k)
A furniture refinishing, woodworking, and/or upholstery establishment;
(l)
A garage, public works;
(m)
A kennel;
(n)
A laboratory or research facility;
Amended by By-law No. Z149-2012
(n.1)
A landscape supply outlet;
(o)
A laundry plant;
(p)
A machine shop;
Amended by By-law No. Z149-2012
(p.1)
Manufacturing and assembly industry;
(q)
A mini-storage facility;
Amended by By-law No. Z149-2012
(q.1)
An office support;
(r)
A parking area;
(s)
A recycling depot;
(t)
A rental shop;
(u)
A repair shop;
Amended by By-law No. Z149-2012
(u.1)
A self-storage establishment;
(v)
A small engine repair shop;
(w)
A warehouse;
(x)
A welding shop;
(y)
A wholesale establishment;
(z)
Accessory uses, buildings, and structures, including accessory office uses
and accessory retail outlets but excluding any accessory residential uses.
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18.2
Permitted Buildings and Structures
(a)
Buildings and structures necessary for the permitted uses,
(b)
Buildings and structures accessory to the permitted uses.
18.3
Requirements for Industrial Uses, Buildings, and Structures
18.3.1 Lot Area, Minimum - 1850 sq. m (19,913.88 sq. feet)
18.3.2 Lot Frontage, Minimum - 30 m (98.43 feet)
18.3.3 Front Yard, Minimum
(a)
Main Buildings - 7.5 m (24.61 feet)
(b)
Accessory Buildings - 7.5 m (24.61 feet) and structures or equal to
the front yard for the main building, whichever is greater.
18.3.4 Interior Side Yard, Minimum
(a)
Main buildings - 3.0 m (9.84 feet), except that 7.5 m (24.61 feet) is
required when abutting a Residential Zone or an existing residential lot
with a dwelling thereon;
(b)
Accessory buildings and structures - 3.0 m (9.84 feet), except that 6.0
m (19.69 feet) is required when abutting a Residential Zone or an
existing residential lot with a dwelling thereon.
18.3.5 Exterior Side Yard, Minimum
(a)
Main Buildings - 7.5 m (24.61 feet)
(b)
Accessory Buildings and Structures - 7.5 m (24.61 feet)
18.3.6 Rear Yard, Minimum
(a)
Main Buildings - 6 m (19.69 feet)
(b)
Accessory Buildings and Structures - 3 m (9.84 feet)
18.3.7 Building Height, Maximum - 12 m (39.37 feet)
Amended by By-law No. Z98-2007
18.3.8 Lot Coverage, Maximum - 50 %
Amended by By-law No. Z98-2007
18.3.9 Landscaping Requirements, Minimum A landscaping area in the form of an
open space area and a planting strip shall be provided in the front yard, except
in those areas used for parking and ingress and egress.
A landscaping area in the form of a planting strip shall be provided in
accordance with the provisions of Subsection 5.23 of this By-law adjacent to
every portion of any lot line that abuts any Residential Zone or existing
residential lot with a dwelling thereon.
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18.3.10 Servicing Requirement
Any industrial use shall be a "dry" industrial operation where the only waste
water discharges in addition to storm drainage are from ancillary facilities such
as employee washrooms, the indirect cooling of machinery, and the pressure
testing of equipment, and the industrial operation shall not produce liquid
effluent from its processing nor require the direct consumption of water.
18.3.11 Open Air Storage and Display Open air storage and display of goods or
materials is permitted in all yards other than a front yard but in no case shall
open air storage or display be permitted closer than 3 m to a lot line.
Amended by By-law No. Z149-2012
18.3.12 Requirements for Kennels
New dog kennel buildings and structures and/or additions to existing dog
kennel buildings and/or structures must be located at a distance of not less
than 150 m (492.12 feet) from a residential, institutional, and park and
recreational uses situated on adjacent lots and be located at a distance of not
less than 300 m (984.25 feet) from lands zoned Residential or Hamlet/Village
Residential.
18.4
Special Provisions
Amended by By-law No. Z34-2002
18.4.1 M1-1
(a)
Location: Part of Lot 15, Concession 11 (Hibbert Ward) (Key Map 54)
(b)
Notwithstanding any provisions of Section 18.1 of this By-law to the contrary,
the only permitted uses on the land within the "M1-1" zone as shown on Key
Map 54 of Schedule "A" to this By-law shall be a contracting business involved
in construction, carpentry, plumbing and/or heating and electrical trades
located within a single building having a maximum gross floor area of 120 m2
and a maximum building height 7.5 m.
(c)
Notwithstanding any provisions of Section 18.1 of this By-law to the contrary,
no outdoor storage or display of goods or materials associated with the
contracting business permitted in clause (b) above shall be permitted.
(d)
All other applicable provisions of this By-law shall apply.
18.4.2 M1-2
(a)
Location: Part of Lots 31, Concession 8 (Logan Ward) (Key Map 10)
(b)
Notwithstanding any provisions of Section 18.1 of this By-law to the contrary,
the only permitted uses on the land within the "M1-2" zone as shown on Key
Map 10 of Schedule "A" to this By-law shall be a plumbing and heating
contracting business and accessory uses.
(c)
All other applicable provisions of this By-law shall apply.
18.4.3 M1-3 Not Used
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18.4.4 M1-4
(a)
Location: Lots 2, Registered Plan No. 479(Logan Ward) (Key Map 14)
(b)
Notwithstanding any provisions of Section 18.1 of this By-law to the contrary,
the only permitted uses on the land within the "M1-4" zone as shown on Key
Map 14 of Schedule "A" to this By-law shall be a equipment repair and
fabrication business and accessory uses, including an accessory residential
use.
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z25-2001, Amended by By-law No. Z323-2026
18.4.5 M1-5
(a)
Location: Part of Lot 35, Concession 1 (Logan Ward) (Key Map 16)
(b)
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
"M1-5" only the following uses shall be permitted:
-
Automobile parts supply store;
-
Automobile repair establishment;
-
Automobile service station;
-
Automobile gas bar;
-
Contractor's yard;
-
A farm implements sales and service establishment;
-
A furniture refinishing, woodworking, and/or upholstery establishment;
-
A garage, public works;
-
A machine shop;
-
A parking area;
-
A repair shop;
-
A welding shop;
-
A small engine repair shop;
-
Accessory uses, buildings and structures, including accessory office
uses and accessory retail outlets but excluding any accessory
residential uses;
-
A road and bridge construction business
(c)
All other applicable provisions of this By-law shall apply.
18.4.6 M1-6
(a)
Location: Part of Lot 25, Concession 1 (Hibbert Ward) (Key Map 21)
(b)
Notwithstanding any provisions of Section 18.1 of this By-law to the contrary,
the only permitted uses on the land within the "M1-6" zone as shown on Key
Map 21 of Schedule "A" to this By-law shall be a truck transportation terminal
and accessory uses.
(c)
All other applicable provisions of this By-law shall apply.
18.4.7 M1-7
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(a)
Location: Pt. of Lots 51 and 58, Registered Plan No. 315 and Pt. Block A,
Registered Plan No. 313 (Hibbert Ward) (Key Map 23)
(b)
Notwithstanding any provisions of Section 18.1 of this By-law to the contrary,
the only permitted uses on the land within the "M1-7" zone as shown on Key
Map 23 of Schedule "A" to this By-law shall be a contracting/construction
business as well as additional uses described as warehousing, storing, repairing,
an industrial skill training, educational, and technical training school and
accessory uses.
(c)
All other applicable provisions of this By-law shall apply.
18.4.8 M1-8
(a)
Location: Lots 110 and 114, Registered Plan No. 316 (Hibbert Ward) (Key Map
23)
(b)
Notwithstanding any provisions of Section 18.1 of this By-law to the contrary,
the only permitted uses on the land within the "M1-8" zone as shown on
Key Map 23 of Schedule "A" to this By-law shall be a bus line business, an
automobile repair establishment and accessory uses.
(c)
All other applicable provisions of this By-law shall apply.
18.4.9 M1-9
(a)
Location: Part of Lot 92, Registered Plan No. 315 (Hibbert Ward) (Key Map 23)
(b)
Notwithstanding any provisions of Section 18.1 of this By-law to the contrary,
the only permitted uses on the land within the "M1-9" zone as shown on Key
Map 23 of Schedule "A" to this By-law shall be a storage use and a tire and
muffler sales business and accessory uses.
(c)
All other applicable provisions of this By-law shall apply.
18.4.10 M1-10
(a)
Location: Part of Lot 15, Concession 8 (Hibbert Ward) (Key Map 53)
(b)
Notwithstanding any provisions of Section 18.1 of this By-law to the contrary,
the only permitted uses on the land within the "M1-10" zone as shown on Key
Map 53 of Schedule "A" to this By-law shall be an automobile repair
establishment and accessory uses.
(c)
All other applicable provisions of this By-law shall apply.
18.4.11 M1-11
(a)
Location: Part of Lot 15, Concession 10 (Hibbert Ward) (Key Map 54)
(b)
Notwithstanding any provisions of Section 18.1 of this By-law to the contrary,
the only permitted uses on the land within the "M1-11" zone as shown on Key
Map 54 of Schedule "A" to this By-law shall be a painting and sand blasting
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business and accessory uses, including accessory residential uses.
(c)
All other applicable provisions of this By-law shall apply.
18.4.12 M1-12 Deleted by By-law No. Z237-2020
Amended by By-law No. Z14-2001 Amended by By-law No. Z149-2012
18.4.13 M1-13
(a)
Location: Part of Lot 16, Concession 10 (Hibbert Ward) (Key Map 54)
(b)
Notwithstanding the provisions of Section 18.1 of By-law No. 100- 1998 to the
contrary, the only permitted uses on the land within the "M1-13" zone as shown
on Key Map 54 of Schedule "A" to this By- law (also shown on Schedule "A" to
By-law No. Z14-2001) shall be a contractor's yard or shop, a construction
business, and accessory uses.
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z44-2003
18.4.14 M1-14
(a)
Location: Part of Lot 15, Concession 1 and Lot 37, Registered Plan No. 316
(Hibbert Ward) (Key Map 24)
(b)
Notwithstanding the provisions of Section 18.1 of By-law No. 100- 1998 to the
contrary, the only permitted uses on the land within the "M1-14" zone as shown
on Key Map 24 of Schedule "A" to this By- law (also shown on Schedule "A" to
By-law No. Z44-2003) shall be a contractor's yard or shop, a furniture
establishment (excluding furniture refinishing), a mini storage facility, a
warehouse, and accessory uses.
(c)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Amended by By-law No. Z124-2010
18.4.15 M1-15
(a)
Location: Part of Lot 5, Registered Plan No. 316 and part of Lot 15, Concession
1 Hibbert Ward (Key Map 24)
(b)
Notwithstanding the provisions of Section 18.1 of By-law No. 100- 1998 to the
contrary, the following uses shall be permitted in the "M1- 15" zone as shown
on Key Map 24 of Schedule "A" to By-law No. 100- 1998 (also shown on
Schedule "A" to By-law No. Z124-2010):
(i)
A furniture refinishing, wood working, and upholstery establishment;
(i)
Mini-storage facility;
(ii)
A parking area;
(iv)
A repair shop;
(v)
A warehouse;
(vi)
A wholesale establishment; and
(vi)
accessory uses, including an accessory residential use.
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(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z36-2002
18.4.16 M1-16
(a)
Location: Lot 102, Registered Plan No. 315 (Hibbert Ward) (Key Map 23)
(b)
Notwithstanding the provisions of Section 18.1 of By-law No. 100- 1998 to the
contrary, the only permitted uses on the land in the "M1-16" zone as shown on
Key Map 23 of Schedule "A" to this By- law (also shown on Schedule "A" to By-
law No. Z36-2002) shall be a parking lot and accessory uses.
(c)
Notwithstanding the provisions of Section 18.3.1 and 18.3.2 of By- law No. 100-
1998 to the contrary, the minimum lot area and minimum lot frontage for the
land in the "M1-16" zone as shown on Key Map 23 of Schedule "A" to this By-
law (also shown on Schedule "A" to By-law No. Z36-2002) shall be 809 m2 and
20.0 m, respectively.
(d)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z189-2017
18.4.17 M1-17
(a)
Location: Lots 44, 45, 46 and Part of Lots 41, 42, and 43, Registered Plan No.
306 and Part of Lot 11, Concession West Mitchell Road (Fullarton Ward) (Key
Map 59)
(b)
Notwithstanding the provisions of Section 18.1 of By-law No. 100- 1998 to the
contrary, an additional use described as a church, temple, or other place of
religious worship shall be permitted on the land within the "M1-17" zone as
shown on Key Map 8 of Schedule "A" to By-law No. 100-1998 (also shown on
Schedule "A" to By-law No. Z189-2017).
(c)
The provisions of Section 18.3 shall apply to the additional use described as
a church, temple or other place of religious worship permitted by Clause (b)
above.
(d)
All other provisions of By-law No. 100-1998, as amended, shall apply.
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SECTION 19 - GENERAL INDUSTRIAL ZONE (M2)
No person shall within any M2 Zone use any land or erect, alter, or use any building or structure
for any purpose except in accordance with the following provisions:
19.1
Permitted Uses
(a)
An assembling, manufacturing, fabricating, packaging, printing, or publishing
plant, or a warehouse conducted and wholly enclosed within an enclosed
building;
(b)
An auction establishment;
(c)
An automobile repair establishment;
(d)
An automobile service station;
(e)
An automobile washing establishment;
(f)
An automotive gas bar;
(g)
A cold storage plant;
(h)
Contractor's yard or shop;
(h.1)
A factory outlet;
(i)
A farm implements sales and service establishment;
(j)
A feed mill;
(k)
A flour mill;
(k.1)
A fuel pump island; office;
(l)
A fuel storage and/or supply business;
(m)
A furniture refinishing, woodworking, and/or upholstery establishment;
(n)
A garage, public works;
(o)
A grain elevator;
(p)
A laboratory or research facility;
(p.1)
A landscape supply outlet;
(q)
A laundry plant;
(r)
A lumber yard and building supply outlet;
(s)
A machine shop;
(s.1)
Manufacturing and assembly industry;
(t)
A mini-storage facility;
(t.1)
An office support;
(u)
A parking area;
(v)
A planing mill or saw mill;
(w)
A recycling depot;
(x)
A rental shop;
(y)
A repair shop;
Amended by By-law No. Z34-2002
(z)
A salvage or wrecking yard;
(z.1)
A self-storage establishment;
(aa)
A steel supply business;
(bb)
A transportation terminal;
(cc)
A welding shop;
(dd)
A wholesale establishment;
(ee)
A warehouse;
(ff)
Accessory uses, buildings, and structures, including accessory office uses
and accessory retail outlets but excluding any accessory residential uses.
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19.2
Permitted Buildings and Structures
The following buildings and structures are permitted in an M2 Zone:
(a)
Buildings and structures for the permitted uses, excluding any building or
structure used for human habitation,
(b)
Buildings and structures accessory to the permitted uses.
19.3
Requirements for Industrial Uses, Buildings, and Structures
19.3.1 Lot Area, Minimum - 1850 sq. m (19,913.88 sq. feet)
19.3.2 Lot Frontage, Minimum - 45 m (147.63 feet)
19.3.3 Front Yard, Minimum
(a)
Main buildings - 15 m (49.21 feet)
(b)
Accessory buildings and structures 15 m (49.21 feet) or equal to the front yard
for the main building, whichever is greater.
19.3.4 Interior Side Yard, Minimum
(a)
Main buildings - 6.0 m (19.69 feet), except that 10.5 m (34.45 feet) is required
when abutting a Residential Zone or an existing residential lot with a dwelling
thereon;
(b)
Accessory buildings and structures - 3.0 m (9.84 feet), except that 6.0 m (19.69
feet) is required when abutting a Residential Zone or an existing residential lot
with a dwelling thereon.
Amended by By-law No. Z34-2002 Amended by By-law No. Z98-2007
(c)
No side yard is required is required where that side yard abuts a railway right-
of-way or siding.
19.3.5 Exterior Side Yard, Minimum
(a)
Main buildings - 15 m (49.21 feet)
(b)
Accessory buildings and structures - 15 m (49.21 feet)
19.3.6 Rear Yard, Minimum
(a)
Main buildings - 10 m (32.81 feet)
(b)
Accessory buildings and structures - 6 m (19.69 feet)
Amended by By-law No. Z34-2002
(c)
No rear yard is required where that rear yard abuts a railway right-of- way or
siding.
19.3.7 Lot Coverage, Maximum - 50 %
19.3.8 Building Height, Maximum - 12 m (39.37 feet)
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Amended by By-law No. Z98-2007
19.3.9 Landscaping Requirements, Minimum
A landscaping area in the form of an open space area and a planting strip shall
be provided in the front yard, except in those areas used for parking and
ingress and egress.
A landscaping area in the form of a planting strip shall be provided in
accordance with the provisions of Subsection 5.23 of this By-law adjacent to
every portion of any lot line that abuts any Residential Zone or existing
residential lot with a dwelling thereon.
19.3.10 Servicing Requirement
Any industrial use shall be a "dry" industrial operation where the only waste
water discharges in addition to storm drainage are from ancillary facilities such
as employee washrooms, the indirect cooling of machinery, and the pressure
testing of equipment, and the industrial operation shall not produce liquid
effluent from its processing nor require the direct consumption of water.
19.3.11 Open Air Storage and Display Open air storage and display of goods or
materials are permitted in all yards other than a front yard and in no case shall
open air storage or display be permitted closer than 3 m (9.84 feet) to a lot
line.
19.4
Special Provisions
19.4.1 M2-1
(a)
Location: Part of Lot 19, Concession 1 (formerly in Logan Ward) (Mitchell Ward)
(Key Map 34)
(b)
Notwithstanding any provisions of Section 15.1 of this By-law to the contrary,
additional permitted uses described as an automobile, truck, and farm
equipment sales, repair, and service business shall be permitted on the land
within the "M2- 1" zone as shown on Key Map 34 of Schedule "A" to this By-
law.
(c)
All other applicable provisions of this By-law shall apply.
19.4.2 M2-2
(a)
Location: Part of Park Lot 39, Registered Plan No. 339 (Mitchell Ward) (Key
Map 36)
(b)
Notwithstanding any provision of this By-law to the contrary, the front lot line for
the land within the "M2-2" zone as shown on Key Map 36 of Schedule "A" to
this By-law shall be Georgina Street. All other lot lines and yards shall be
determined using Georgina Street as the front lot line.
(c)
Notwithstanding the provisions of Section 19.3 to the contrary, the minimum
easterly side yard within the "M2-2" zone as shown on Key Map 36 of Schedule
"A" to this By- law shall be 4.9 m.
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(d)
Notwithstanding the provision of Section 19.1 this By-law to the contrary, a
use described as a retail outlet and business office use accessory and/or
related to an industrial use located on the adjacent lands to the west (i.e. part
of Park Lot 38, Registered Plan No. 339) shall be permitted as an additional
use in the land within the "M2-2" zone as shown on Key Map 36 of Schedule
"A" to this By-law.
(e)
All other applicable provisions of this By-law shall apply.
19.4.3 M2-3
(a)
Location: Lot 1 thru 6, inclusive, and 29, Registered Plan No. 338 (Mitchell
Ward) (Key Map 40)
(b)
Notwithstanding the provisions of Sections 19.3.5, 19.3.6 of this By-law to the
contrary, the minimum exterior side yard and the minimum rear yard for the land
within the "M2-3" zone as shown on Key Map 40 of Schedule "A" to this By-
law shall be 3.0 m and 7.1 m, respectively.
(c)
Notwithstanding the provisions of Section 5.19 of this By-law to the contrary,
the minimum number of parking spaces required for an existing building for
the land within the "M2-3" zone as shown on Key Map 40 of Schedule "A" to
this By- law shall be 22.
(d)
Notwithstanding the provisions of Section 5.9 of this By-law to the contrary, 3
loading space areas shall be permitted in the exterior side yard along Lane
Street for the land within the "M2-3" zone as shown on Key Map 40 of
Schedule "A" to this By- law. These 3 loading spaces shall be located a
minimum distance of 45 m from the north-west corner of the Wellington
Street/Lane Street intersection
(e)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z74-2005 Amended by By-law No. Z168-2014
19.4.4 M2-4
(a)
Location: Part of Park Lot 87, Registered Plan No 341 (Mitchell Ward) (Key
Map 37)
(b)
Notwithstanding the provisions of Section 19.1 of By-law No. 100- 1998 to the
contrary, an additional permitted use described as a gymnastics club and
fitness centre and accessory uses shall be permitted in the "M2-7" zone as
shown on Key Map 37 of Schedule "A" to By-law No. 100-1998 (also shown on
Schedule "A" to By-law No. Z74-2005).
(c)
All other applicable provisions of this By-law shall apply.
Amended by By-law No. Z11-2001
19.4.5 M2-5
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(a)
Location: Part of Lot 23 and 24, Concession 2 (Fullarton Ward)(Key Map 41)
(b)
Notwithstanding the provisions of Section 19.1 of By-law No. 100- 1998 to the
contrary, the following additional uses shall be permitted:
(i)
A food processing plant;
(ii)
A meat products plant;
(iii)
A playground;
(iv)
Sports field, baseball diamond, and/or soccer pitch;
(v)
A sewage treatment facility.
(c)
For the purposes of the "M2-5" zone classification, a food processing plant shall
mean: "An industrial establishment in which food is processed or otherwise
prepared for human consumption but not consumed on the premises."
(d)
For the purposes of the "M2-5" zone classification, a meat products plant shall
mean: "An industrial building or structure designed to accommodate the
penning and slaughtering of live animals and the preliminary processing of
animal carcasses and may include the packing, treating, and storing of the
product on the premises but shall not include canning, cooking, curing,
rendering, smoking or other similar processes on the premises."
(e)
All other provisions of By-law No. 100-1998, as amended, shall apply.
Amended by By-law No. Z20-2001 Amended by By-law No. Z34-2002
Amended by By-law No. Z98-2007
19.4.6 M2-6
(a)
Location: Part of Park Lot 89, Registered Plan No. 339 (Mitchell Ward)
(Key Map 41)
(b)
Notwithstanding any provisions of By-law No. 100-1998 to the contrary, an
existing single- detached dwelling and accessory uses shall be permitted in
addition to the uses permitted by Section 19.1 on the land located within the
"M2-6" zone as shown on Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z20-2001).
(c)
Notwithstanding any provisions of By-law No. 100-1998 to the contrary, an
existing single- detached dwelling shall be located no closer than 3.5 m from
Arthur Street and 1.0 m from Herbert Street.
(d)
Notwithstanding any provisions of By-law No. 100-1998 to the contrary, an
existing steel shed shall be located no closer than 0.1 m from Arthur Street.
(e)
All other provisions of this By-law shall apply
Amended by By-law No. Z74-2005 Amended by By-Law No. Z158-2013
19.4.7 M2-7
(a)
Location: Part of Park Lot 87, Registered Plan No 341 (Mitchell Ward) (Key
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Map 37) and Part of Lot 24, Concession 2 (Fullarton Ward)
(b)
Notwithstanding the provisions of Section 19.1 of By-law No. 100- 1998 to the
contrary, an additional permitted use described as a gymnastics club and
fitness centre and accessory uses shall be permitted in the "M2-7" zone as
shown on Key Map 37 and Key Map 40 of Schedule "A" to By-law No. 100-
1998 (also shown on Schedule "A" to By-law No. Z74- 2005 and By-law No.
Z158-2013).
(c)
For the purpose of Section 19.4.7 above, a gymnastics club and fitness centre
means a building in which facilities are provided for recreational athletic
activities including, but not limited to, body buildings, aerobics, calisthenics,
and exercise classes and may include related lounge facilities, office spaces,
and retail shop.
(d)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z75-2005
19.4.8 M2-8
(a)
Location: Park Lot 25, Registered Plan No. 399 and Lot 41, Registered Plan
No. 346 (Key Map 36)
(b)
Notwithstanding the provisions of Sections 5.9.2 and 19.3.5 of By- law No. 100-
1998 to the contrary, three loading spaces shall be permitted in the
southerly exterior side at a distance of not less than 8.0 m from the Georgina
Street streetline on the land located in the "M2-8" zone as shown on Key Map
36 of Schedule "A" to By-law No. 100-1998 (also shown on Schedule "A" to By-
law No. Z75-2005).
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply
Amended by By-law No. Z129-2010
19.4.9 M2-9
(a)
Location: Part Park Lot 37 and part of St. Andrew Street (closed), Registered
Plan No. 339 (Key Map 40)
(b)
Notwithstanding the provisions of Sections 19.3.2 of By-law No. 100- 1998 to
the contrary, the minimum lot frontage for a parcel of land located in the "M2-
9" zone as shown on Key Map 40 of Schedule "A" to By-law No. 100-1998 (also
shown on Schedule "A" to By-law No. Z129-2010) shall be 10.0 m.
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z138-2011
19.4.10
M2-10
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(a)
Location: Part of Lot 19, Concession 1, formerly in the Township of Logan now
in the Mitchell Ward (Key Map 30)
(b)
Notwithstanding the provisions of Section 19.4 of By-law No. 100- 1998 to the
contrary, only the following uses shall be permitted in the "M2-10" zone as
shown on Key Map 30 of Schedule "A" to By-law No. 100-1998 (also shown on
Schedule "A" to By-law No. Z138-2011):
(i)
A municipal infrastructure area consisting of a manual waste and
recyclable
separation
facility,
weight
scales,
scale
houses,
administration office, and storage buildings;
(i)
Pumping stations and water towers;
(ii)
Storm water management facilities and ponds;
(iv)
Communication towers and
(v)
Accessory uses, buildings, and structures.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z168-2014
19.4.11 M2-11
(a)
Location: Part of Lot 24, Concession 2 (Fullarton Ward) (Key Map 40)
(b)
Notwithstanding the provisions of Sections 19.1 of By-law No. 100- 1998 to the
contrary, two additional permitted uses described as:
(i)
A gymnastics club and fitness centre; and
(ii)
An automobile parts supply store and warehouse establishment shall
be permitted in the "M2-11" zone as shown on Key Map 40 of Schedule
"A" to By-law No. 100- 1998 (also shown on Schedule "A" to By-law No.
Z168-2014).
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z177-2015
19.4.12 M2-12
(a)
Location: Part of Lot 19, Concession 1 (Mitchell Ward) (Key Map 34)
(b)
Notwithstanding the provisions of Sections 19.3.2 of By-law No. 100- 1998 to
the contrary, the minimum lot frontage for a parcel of land located in the "M2-
12" zone as shown on Key Map 34 of Schedule "A" to By-law No. 100- 1998
(also shown on Schedule "A" to By-law No. Z177-2015) shall be 34.0 m.
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Added by By-law No. Z240-2020
19.4.13 M2-13
(a)
Location: Part Lot 19, Concession 1, former Logan Township, now in the
Mitchell Ward (Being Part 1 on Reference Plan No. 44R-5663) as shown on
Key Map 34 of Schedule "A" to By-law No. 100-1998);
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(b)
Notwithstanding the provisions of Section 19.1 of By-law No. 100-1998 to the
contrary, a retail establishment described as an Automobile Parts Supply
Store, including the sale of commercial truck and trailer parts, shall be
permitted as an additional use in the "M2-13" zone as shown on Key Map 34
of Schedule "A to the By-law No. 100-1998;
(c)
All other provisions of By-law No. 100-1998, as amended, shall apply.
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SECTION 20 - MINERAL AGGREGATE RESOURCES (MAR)
No person shall within any MAR Zone use any land or erect, alter, or use any building or structure
for any purpose except in accordance with the following provisions:
20.1
Permitted Uses
The following uses are permitted within the MAR Zone:
(a)
Operations of a pit or quarry for the purposes of extracting mineral resources
from the earth including soil, sand, gravel, stone, rock;
(b)
Processing of mineral resources, including screening, sorting, washing,
crushing, stockpiling, and other similar operations allied to an extractive
operation;
(c)
Asphalt plants and readi-mix equipment, portable and/or permanent;
(d)
Farm uses, excluding single- detached dwellings;
(e)
Uses accessory to the above permitted uses.
20.2
Permitted Buildings and Structures
The following buildings and structures are permitted in an MAR Zone:
(a)
Buildings and structures for the permitted uses, excluding any building or
structure used for human habitation,
(b)
Buildings and structures accessory to the permitted uses.
20.3
Requirements for Extractive Industrial Uses, Buildings, and Structures
20.3.1 Yard Requirements for Extraction of Material
(a)
no extraction of material from a pit or quarry shall occur within 15 m (49.21
feet) of any boundary of the property on which the extraction is occurring
except where the land on both sides of any adjoining property is zoned "MAR",
(b)
no extraction of material from a pit or quarry shall occur within 30 m (98.43
feet) of a street line,
(c)
no extraction of material from a pit or quarry shall occur within 120 m (393.70
feet) of an abutting property that is within a Residential or Development Zone.
20.3.2 Yard Requirements for Processing of Material
(a)
No processing of extracted material shall occur within 90 m (295.28 feet) of
any boundary on which the extraction is occurring,
(b)
No processing of extracted material shall occur within 120 m (393.70 feet) of
an abutting property that is within a Residential or Development Zone.
20.3.3 Planting Areas
All buildings, structures, parking areas, and pit areas, except for a wayside
pit, shall be screened from a street, unopened road allowance and from any
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land zoned Institutional, Park and Recreation, or Residential by a continuous
row of trees consisting of deciduous or coniferous species which will attain a
minimum height of 6 m (19.69 feet).
20.3.4 Parking Area
No parking area and no internal road other than one access road on each lot
shall be located within 45 m (147.64 feet) of any street or any lot occupied by
a dwelling.
Vehicular access from a street shall be provided at no more than one location
on each lot and shall not be located within 75 m (246.06 feet) of a dwelling or a
street intersection or within 45 m (147.64 feet) of a curve in a street and shall
be located so that there are no obstructions to sight within the triangular area
contained by the street line and lines joining a point on the access road 9 m
(29.53 feet) perpendicularly distant from the street line to the points on the
street line 9 m (29.53 feet) from the entrance of the access road.
Amended by By-law No. Z34-2002
20.4
Yard Requirements for Buildings and Structures
20.4.1 Front Yard, Minimum - 15 m
20.4.2 Interior Side Yard, Minimum
(a)
Main buildings - 4.5 m, except that 9 m shall be required when the side yard
abuts a Residential Zone or an existing residential lot.
(b)
Accessory buildings and structures - 3 m, except that 6 m shall be required
when the side yard abuts a Residential Zone or an existing residential lot.
20.4.3 Exterior Side Yard, Minimum - 15 m
20.4.4 Rear Yard, Minimum - 7.5 m
20.4.5 Lot Coverage, Maximum - 35 %
20.4.6 Building Height, Maximum
(a)
Main buildings - 12 m
(b)
Accessory buildings - 9 m and structure
Amended by By-law No. Z98-2007
20.5
Requirements for livestock facilities, silos, feed bins and other farm buildings
and structures
The provisions of Section 6.3 of this By-law shall apply to all livestock facilities and
structures, silos, feed bins, and other farm buildings and structures permitted in the
"MAR" zone.
20.6 Special Provisions
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SECTION 21 - INSTITUTIONAL ZONE (I)
No person shall within any I Zone use any land or erect, alter, or use any building or structure
for any purpose except in accordance with the following provisions:
21.1
Permitted Uses, Buildings, and Structures
Amended by By-law No. Z149-2012
(a)
An ambulance dispatch depot;
(b)
An arena;
(c)
A cemetery;
(d)
A church;
(e)
A club, private;
(f)
A community centre;
(g)
A day nursery
(g1)
A dog park;
(h)
A fire hall;
(i)
A government administration office;
Amended by By-law No. Z149-2012
(i1)
A hiking trail
(j)
A hospital;
(k)
An institutional use;
(l)
A landfill site;
Amended by By-law No. Z149-2012
(l1)
A library;
(m)
A museum;
(n)
A nursery school;
Amended by By-law No. Z149-2012
(n1)
A place of entertainment;
(o)
A police station
(p)
A public library;
(q)
A public works garage, warehouse and yard;
(r)
A pumping station/ water tower
Amended by By-law No. Z149-2012
(r1)
A recreation or community centre;
(s)
A school;
(t)
A sports field, baseball, diamond, curling rink;
(u)
A sewage treatment facility;
(v)
A swimming pool;
(w)
A tennis court;
(w.1)
A yard waste composting facility;
(x)
Accessory uses, buildings, and structures, including accessory parking lots.
21.2
Requirements for Permitted Uses, Buildings, and Accessory Buildings
and Structures
21.2.1 Lot Area, Minimum - 540 sq. m (5,5812.70 sq. feet)
21.2.2 Lot Frontage, Minimum - 30 m (98.42 feet)
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21.2.3 Front Yard, Minimum - 6.0 m (19.69 feet)
21.2.4 Interior Side Yard, Minimum - 4.5 m (14.76 feet)
21.2.5 Exterior Side Yard, Minimum - 6 m (19.69 feet)
21.2.6 Rear Yard, Minimum - 7.5 m (24.61 feet)
21.2.7 Lot Coverage, Maximum - 35 %
21.2.8 Building Height, Maximum - 12 m (39.37 feet)
21.2.9 Landscaped Open Space, Minimum - 30 %
Amended by By-law Z307-2025
21.2.10 Parking Requirements
As contained in Section 5.19 of this By-law.
Amended by By-law No. Z98-2007
21.3
Supplementary Requirements
The enlargement of existing institutional uses located outside of a designated
Settlement Area as identified on Schedule "A" to the County of Perth Official Plan shall
satisfy the minimum distance separation requirement from adjacent livestock facilities
as determined through the application of the MDS I.
Notwithstanding any provisions of this By-law to the contrary, existing closed cemeteries
are a "Type "A" Land Use" for the purposes of MDS I.
21.4
Special Provisions Amended by By-law No. Z84-2006
21.4.1 I-1
(a)
Location: Lot 15, 32, and Part of Lot 14 and 31, Registered Plan No. 339
(Mitchell Ward) (Key Map 36)
(b)
Notwithstanding the provisions of Section 21.2.3 of Bylaw No. 100- 1998 to the
contrary, the minimum front yard (Ontario Street) for an existing church building
on the land in the "I-1" zone as shown on Schedule "A" to this By-law (also
shown on Schedule "A" to By-law No. Z84-2006) shall be 0.0 m.
(c)
Notwithstanding the provisions of Section 21.2.4 of Bylaw No. 100- 1998 to the
contrary, the minimum westerly side yard for an existing church building on the
land in the "I-1" zone as shown on Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z84- 2006) shall be 4.0 m.
(d)
Notwithstanding the provisions of Section 21.2.7 of Bylaw No. 100- 1998 to the
contrary, the maximum lot coverage for an existing church building on the land
in the "I-1" zone as shown on Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z84- 2006) shall be 40.0 per cent.
(e)
All other applicable provisions of By-law No. 100-1998, as amended, shall
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apply.
Amended by By-law No. Z93-2007
21.4.2 I-2
(a)
Location: Part of Lot 81, Registered Plan No. 339 (Mitchell Ward) (Key Map 36)
(b)
Notwithstanding the provisions of Section 21.2.3 of Bylaw No. 100- 1998 to
the contrary, the minimum front yard (St Andrew Street) on the land in the "I-
2" zone as shown on Schedule "A" to this By- law (also shown on Schedule
"A" to By-law No. Z93-2007) shall be 5.0 m.
(c)
Notwithstanding the provisions of Section 21.2.4 of Bylaw No. 100- 1998 to
the contrary, the minimum southerly interior side yard on the land in the "I-2"
zone as shown on Schedule "A" to this By-law (also shown on Schedule "A"
to By-law No. Z93-2007) shall be 1.5 m.
(d)
Notwithstanding the provisions of Section 21.2.9 of Bylaw No. 100- 1998 to
the contrary, the minimum landscaped open space for the land in the "I-2" zone
as shown on Schedule "A" to this By-law (also shown on Schedule "A" to By-
law No. Z93-2007) shall be 25.0 per cent.
(e)
Notwithstanding the provisions of Section 21.2.10 of Bylaw No. 100- 1998 to
the contrary, the minimum number of parking spaces for a Public Library use
on the land in the "I-2" zone as shown on Schedule "A" to this By-law (also
shown on Schedule "A" to By-law No. Z93-2007) shall be 11 spaces.
(f)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z138-2011
21.4.3 I-3
(a)
Location: Part of Lot 19, Concession 1, formerly in the Township of Logan now
in the Mitchell Ward (Key Map 30)
(b)
Notwithstanding the provisions of Section 21.1 of By-law No. 100- 1998 to the
contrary, only the following uses shall be permitted in the "I-3" zone as shown
on Key Map 30 of Schedule "A" to By-law No. 100-1998 (also shown on
Schedule "A" to By-law No. Z138- 2011):
(i)
A landfill site;
(ii)
A storm water management facility; and
(iii)
Accessory uses.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z143-2012
21.4.4 I-4
(a)
Location: Part of Park Lot 48, Mitchell Ward (Key Map 39)
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(b)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, the only
permitted use in the "I-4" zone as shown on Key Map 39 of Schedule "A" to By-
law No. 100-1998 (also shown on Schedule "A" to By-law No. Z143- 2012) shall
be a planting strip.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z285-2023
21.4.5 I-5
(a)
Location: Block 30 and 31 as identified on Schedule A shall be zoned I-5-H11
on Key Map 34 of the West Perth Zoning By-law.
(b)
The area zoned I-5 shall be subject to the provisions in Section 21.4.5 of the
West Perth Zoning By-law
(c)
Notwithstanding Section 21.1 of this By-law, a storm water management
pond and accessory uses and structures are the only permitted use in the I-5
zone
(d)
All other provisions of this By-law shall apply.
Amended by By-law No. Z327-2026
21.4.6 I-6
(a)
Location: Part Park Lots 71, 74 & 77, Reg. Plan 44M-88. Mitchell,
Municipality of West Perth (Key Map 38);
(b)
Notwithstanding the provisions of Section 21 of By-law No. 100-1988 to the
contrary, a storm water management pond and accessory uses and
structures are the only permitted use in the I-6 zone.
(c)
That all other provisions of this By-law, as amended, shall apply.
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SECTION 22 - PARK AND RECREATION ZONE (PR)
No person shall within any PR Zone use any land or erect, alter, or use any building or structure
for any purpose except in accordance with the following provisions:
22.1
Permitted Uses, Buildings, and Structures
(a)
A community centre;
(b)
A conservation area;
(b.1)
A dog park;
(c)
A golf course;
Amended by By-law No. Z149-2012
(c.1)
A hiking trail;
(d)
A picnic area;
(e)
A playground and/or sport field;
(f)
A private or public park;
(g)
A parking area;
Amended by By-law No. Z34-2002
(g.1)
Recreational uses;
(h)
A travel trailer/motor home campground;
(i)
Accessory uses, buildings and structures.
22.2
Requirements for Park and Recreational Uses, Buildings, and Structures
22.2.1 Lot Area, Minimum - 540 sq. m (5,812.70 sq. feet)
22.2.2 Lot Frontage, Minimum - 18 m (59.06 feet)
22.2.3 Front Yard, Minimum - 6 m (19.69 feet)
22.2.4 Interior Side Yard, Minimum - 4.5 m (14.76 feet)
22.2.5 Exterior Side Yard, Minimum - 6 m (19.69 feet)
22.2.6 Rear Yard, Minimum - 7.5 m (24.61 feet)
22.2.7 Lot Coverage, Maximum - 35 %
22.2.8 Building Height, Maximum - 10.5 m (34.45 feet)
22.2.9 Landscaped Open Space, Minimum - 30 %
22.2.10 Parking Requirements
As contained in Section 5.19 of this By-law.
Amended by By-law No. Z98-2007
22.3
Supplementary Provisions
The enlargement of existing park and recreation uses located outside of a designated
Settlement Area as identified on Schedule "A" of the County of Perth Official Plan shall
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satisfy the minimum distance separation requirement from adjacent livestock facilities
as determined through the application of the MDS I.
22.3
Special Provisions
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SECTION 23 - NATURAL RESOURCES/ ENVIRONMENT ZONE
ONE (NRE1)
No person shall within any "NRE1" Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
23.1
Permitted Uses
(a)
Conservation;
(b)
Forestry;
(c)
Maple syrup production; and
(d)
Uses existing on the date of passing of this By-law.
23.2
Permitted Buildings and Structures
Buildings and structures existing on the date of passing of this By-law.
23.3
Site and Building Regulations
The minimum front, rear, side yards, the maximum lot coverage and height of buildings
and structures existing on the date of passing of this By-law shall constitute the minimum
or maximum requirements, as the case may be.
23.3.2 FP-2 - Deleted by By-law Z307-2025
EXPLANATORY NOTE:
The "NRE1" zone classification applies to Provincially Significant Natural Resource/
Environment Areas (e.g. Provincially Significant Wetlands, Significant Wildlife Habitat,
and Significant Areas of Natural and Scientific Interest (Life Science)) as identified in
the County of Perth Official Plan.
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SECTION 24 - NATURAL RESOURCES/ENVIRONMENT ZONE
TWO (NRE2)
No person shall within any "NRE2" Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
24.1
Permitted Uses
(a)
Conservation;
(b)
Forestry;
(c)
Maple syrup production;
(d)
Recreational trails existing on the date of passing of this By-law; and
(e)
Uses existing on the date of passing of this By-law.
Amended by By-law No. Z149-2012
24.2
Permitted Buildings and Structures
Buildings and structures existing on the date of passing of this By-law.
Notwithstanding the foregoing, unenclosed livestock shelters (i.e. not barns) are
permitted on lands that are used for the gazing of livestock which are not part of a
woodlot.
Amended by By-law No. Z149-2012
24.3
Site and Building Regulations
The minimum front, rear, and side yards, the maximum lot coverage and building height
of buildings and structures existing on the date of the passing of this By-law shall
constitute the minimum or maximum requirements, as the case may be.
Notwithstanding the foregoing, permitted unenclosed livestock shelters shall comply
with the provisions of Section 6 "Agricultural Zone (A)" of By-law No. 100-1998
regarding setbacks for unenclosed livestock shelters buildings and structures.
EXPLANATORY NOTE:
The "NRE2" zone classification applies to significant woodlots greater than 4 hectares
as identified in the County of Perth Official Plan.
24.4 Special Provisions
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SECTION 25 - FLOOD PLAIN ZONE (FP)
The "FP" zone is to be implemented where studies and detailed mapping have been approved
by the appropriate Conservation Authority. The "FP" Zone applies to the flood plain (which
includes the floodway and the flood fringe). The "FP" Zone boundaries are intended to be
coincident with outer the boundaries of the "Flood Plain" as shown on the detailed mapping
approved by the appropriate Conservation Authority.
25.1
Permitted Uses, Buildings, and Structures
(a)
A public park;
(b)
Conservation;
(c)
Forestry;
Amended by By-law No. Z149-2012
(c.1) A hiking trail;
(d)
Recreational trails; and
(e)
Public works and utility facilities.
25.2
Permitted Buildings and Structures Within the floodway portion of the flood plain only
those buildings and structures necessary for flood or erosion control work or for
necessary municipal services shall be permitted, to the extent allowed by the
regulations made under the Conservation Authorities Act, as amended.
Within the flood fringe portion of the flood plain the permitted uses, buildings, and
structures in the "FP" Zone shall be the same as those that are permitted in the
applicable "adjacent" Zone as identified on Schedule "A" - Key Maps to this By-law in
accordance with the policies set forth in Section 13 of the County of Perth Official Plan.
EXPLANATORY NOTE:
Uses, buildings and structures as permitted by Sections 25.1 and 25.2 above are to be
permitted to the extent allowed by the regulations made under the Conservation
Authorities Act, as amended from time to time.
25.3
Special Provisions Amended by By-law No. Z125-2010
25.3.1 FP-1
(a)
Location: Part of Lot 61, Registered Plan No. 315, Hibbert Ward (Key Map 24)
(b)
Notwithstanding the provisions of Section 25.1 of By-law No. 100- 1998 to the
contrary, a single detached dwelling and accessory uses buildings and
structures shall be permitted in the "FP-1" zone as shown on Key Map 24 of
Schedule "A" to By-law No. 100- 1998 (also shown on Schedule "A" to By-law
No. Z125-2010). The provisions of Section 8 and Section 8.5.17 shall apply
to any permitted uses, buildings or structures.
(c)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, no
openings, doors, windows, or other penetrations to any building or structure
shall be permitted below 335.4 m Geodetic Survey of Canada Datum (GSC).
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(d)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, any
access driveway to service any permitted use, building, or structure in the "FP-
1" zone shall have a minimum elevation of 335.1 m GSC.
(e)
All other provisions of By-law No. 100-1998 shall apply.
23.3.2 FP-2
(a)
Location: Lot 479, Registered Plan No. 339 and Part of Blanchard Street (closed
by Registered Plan No. 351) (Mitchell Ward) (Key Map 35)
(b)
Notwithstanding any provisions of Section 25 of By-law No. 100- 1998 to the
contrary, additional uses described as a municipal welcome centre, an open-
air market, and accessory uses shall be permitted in the land within the "FP-2"
zone as shown on Key Map 35 of Schedule "A" to By-law No. 100-1998 (also
shown on Schedule "A" to By-law No. Z156- 2013).
(c)
For the purposes of Clause (b) above, an open-air market is a place where
individual vendors, operating from temporary stalls, booths, or other defined
areas, offer items such as fresh vegetables, fresh fruit, uncooked meats, eggs,
honey, baked food stuffs, cheese or cold-cuts meats, cut flowers, bedding
plants, shrubs, tree, handicrafts and prepared concession foods for sale to the
general public.
(d)
Notwithstanding any provision of Section 25 to the contrary, the provisions of
Section 22.2, save and except Section 22.2.3 and Section 22.2.5, shall apply
to any permitted uses, buildings, and structures in the "FP-2" zone.
(e)
Notwithstanding any provision of Section 25 to the contrary, the Minimum
Front Yard and the Minimum Exterior Side Yard for any permitted uses,
buildings, and structures in the "FP-2" zone shall be 3.0 m.
(f)
Notwithstanding any provision of By-law No. 100-1998 to the contrary, a sign
for municipal purposes may be erected in the daylight triangle of the
Blanchard Street - Huron Road intersection.
(g)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
EXPLANATORY NOTE:
The sketch below is for informational purposes only and does not form part of this by-
law.
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SECTION 26 - FLOOD AND FILL CONSTRAINT AREA ZONE
(FFCA)
The "FFCA" Zone applies to the "flood plain" (which includes floodway and the flood fringe),
natural slopes (e.g. fill lines), steep slopes, unstable soils (muck), and wetlands (for their flood
control). The FFCA Zone boundaries are intended to be coincident with outer the boundaries of
the of the "Flood and Fill Constraint Area" designation as shown on Schedule "C" to the County
of Perth Official Plan. The provisions of the "FFCA" Zone as established by this By-law are to
be applied in conjunction with the zone provisions for the "adjacent" zones as established by this
By-law.
26.1
Permitted Uses, Buildings, and Structures
The permitted uses, buildings, and structures in the FFCA Zone shall be the same as
those that are permitted in the applicable "adjacent" Zone as identified on Schedule "A"
- Key Maps to this By-law.
26.2
Permitted Buildings and Structures in Accordance with Section 14 of the
County Official Plan
All uses, buildings, and structures permitted in the "adjacent" Zone must satisfy the
policies of Section 14 of the County of Perth Official Plan before they are to be permitted
and before any required building permits will be issued.
EXPLANATORY NOTE:
Uses, buildings and structures as permitted by Sections 26.1 and 26.2 above are to be
permitted to the extent allowed by the regulations made under the Conservation
Authorities Act, as amended.
26.3
Special Provisions
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SECTION 27 - ADJACENT LAND AREA OVERLAY (AL)
The "AL" area is an "overlay" that is intended to apply to areas surrounding the following Natural
Resource/Environment features: Provincially Significant Wetlands; Significant Habitat for
Threatened or Endangered Species; Significant Wildlife Habitat; Areas of Natural and Scientific
Interest (Life Science); and lands adjacent to water courses and Municipal Drains. The "AL"
overlay boundaries are intended to implement the policies of Section 11.5 of the County of
Perth Official Plan. The provisions of the "AL" overlay as established by this By-law are to be
applied in conjunction with the zone provisions for the "underlying" zones as established by this
By-law.
27.1
Permitted Uses, Buildings, and Structures in Accordance with the County of
Perth Official Plan
Amended by By-law No. Z34-2002
In the "AL" Overlay, Section 5.29 (Setbacks of Buildings and Structures Along Water
Courses and Municipal Drains) shall apply in addition to the provisions of the underlying
zone. The permitted uses, buildings, and structures in the "AL" Overlay shall be the
same as those that are permitted in the applicable "underlying" zone, but must satisfy
the policies of Section
11.5 of the County of Perth Official Plan before they are to be permitted and before any
required permits will be issued.
27.2 Adjacent Land Features
The areas surrounding Natural Resource/ Environment features identified in the County
of Perth Official Plan include: Provincially Significant Wetlands; Significant Habitat for
Threatened or Endangered Species; Significant Wildlife Habitat; Areas of Natural and
Scientific Interest (Life Science); and lands adjacent to water courses and Municipal
Drains.
When these features are in close proximity to each other, the adjacent lands will be
identified with the appropriate combination of overlays (e.g. AL1 / AL2).
27.2.1 AL1
(a)
Location: 120 Metre Adjacent Land Area Surrounding Provincially Significant
Wetlands
(b)
Notwithstanding the provisions of Section 27.1 of this By-law to the contrary,
development and site alteration may be permitted in an area zoned "AL1". An
environmental impact study or other appropriate study shall be undertaken to
assess the impact of the development and site alteration, in accordance with
Section 11.5.1.1 of the County of Perth Official Plan
(c)
Notwithstanding paragraph (b) above, agricultural activities including plowing,
seeding, harvesting, grazing, animal husbandry, and existing buildings
associated with farming activities are permitted on lands within the "AL1"
Overlay without the need for an environmental impact study or other
appropriate study.
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(d)
All other applicable provisions of this By-law, as amended, shall apply.
27.2.1.1
Special Provisions (AL1)
27.2.2 AL2
(a)
Location: 50 Metre Adjacent Land Area Surrounding Habitat for Threatened or
Endangered Species
(b)
Notwithstanding the provisions of Section 27.1 of this By-law to the contrary,
development and site alteration may be permitted in an area zoned "AL2". An
environmental impact study or other appropriate study shall be undertaken to
assess the impact of the development and site alteration, in accordance with
Section 11.5.2 of the County of Perth Official Plan.
Amended by By-law No. Z98-2007
(c)
Notwithstanding paragraph (b) above, agricultural activities including plowing,
seeding, harvesting, grazing, animal husbandry, and existing buildings
associated with farming activities are permitted on lands within the "AL2"
Overlay without the need for an environmental impact study or other
appropriate study. In the case of new livestock facilities, corn dryers or other
similar structures, an appropriate study may be required to show that such
development will not negatively affect natural features of the ecological function
of the habitat area.
(d)
All other applicable provisions of this By-law, as amended, shall apply.
27.2.2.1
Special Provisions (AL2)
27.2.3 AL3
(a)
Location: 30 Metre Adjacent Land Area Surrounding Significant Wildlife Habitats
(b)
Notwithstanding the provisions of Section 27.1 of this By-law to the contrary,
development and site alteration may be permitted in an area zoned "AL". An
environmental impact study or other appropriate study shall be required to
assess the impact of the development and site alteration, in accordance with
Section 11.5.3 of the County of Perth Official Plan.
Amended by By-law No. Z98-2007
(c)
Notwithstanding paragraph (b) above, agricultural activities including plowing,
seeding, harvesting, grazing, animal husbandry, and existing buildings
associated with farming activities are permitted on lands within the "AL3"
Overlay without the need for an environmental impact study or other
appropriate study. In the case of new livestock facilities, corn dryers or other
similar structures, an appropriate study may be required to show that such
development will not negatively affect natural features of the ecological
function of the habitat area.
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(d)
All other applicable provisions of this By-law, as amended, shall apply.
27.2.3.1
Special Provisions (AL3)
27.2.4 AL4
(a)
Location: 30 Metre Adjacent Land Area Surrounding Areas of Natural and Scientific
Interest (Life Science)
(b)
Notwithstanding the provisions of Section 27.1 of this By-law to the contrary,
development and site alteration may be permitted in an area zoned "AL4". An
environmental impact study or other appropriate study shall be required to
assess the impact of the development and site alteration, in accordance with
Section 11.5.4 of the County of Perth Official Plan.
Amended by By-law No. Z98-2007
(c)
Notwithstanding paragraph (b) above, agricultural activities including plowing,
seeding, harvesting, grazing, animal husbandry, and existing buildings
associated with farming activities are permitted on lands within the "AL4"
Overlay without the need for an environmental impact study or other
appropriate study. In the case of new livestock facilities, or corn dryers or other
similar structures, an appropriate study may be required to show that such
development will not negatively affect natural features of the ecological function
of the Area of Natural and Scientific Interest (Life Science).
(d)
All other applicable provisions of this By-law, as amended, shall apply.
27.2.4.1
Special Provisions
Amended by By-law No. Z149-2012
27.2.5 AL-5
(a)
Location: Adjacent Land Area Surrounding Landfill Sites
(b)
Notwithstanding the provisions of Section 27.1 of By-law No. 100- 1998 to the
contrary, the establishment of uses, structures and devices used for the
monitoring of gases and leachate associated with the adjacent landfilling
operation shall be permitted in addition to the full range of uses permitted in
the respective zones in the "AL-5" overlay.
(c)
Notwithstanding any provision of this By-law to the contrary, no drilling or
penetrations of the ground below a depth of 1.5 m, measured from the ground
surface, will be permitted, save and except, for wells and other similar devises
commissioned or used for the monitoring of the adjacent landfilling operations.
(d)
All other provisions of By-law No. 100-1998 shall apply.
27.2.5.1
Special Provisions
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SECTION 28 - FUTURE DEVELOPMENT ZONE (FD)
No person shall within any FD Zone use any land or erect, alter, or use any building or structure
for any purpose except in accordance with the following provisions:
28.1
Permitted Uses, Buildings,
and Structures
(a)
Uses, buildings, and structures lawfully existing on the date of passing of this
By-law;
(b)
Agricultural uses, excluding buildings and structures;
(c)
Accessory uses, buildings, and structures lawfully existing on the date of
passing of this By-law.
Amended by By-law Z307-2025
28.2
Site and Building Requirements
(a)
The minimum lot area, lot frontage, front yard depth, interior side yard width,
exterior side yard width, and rear yard depth, and the maximum building
height and lot coverage shall remain as they lawfully existed on the date of
passing of this by-law, unless as a result of a consent application;
(b)
The foregoing shall not be applied so as to prevent the enlargement of an
existing single- detached dwelling and buildings and structures accessory
thereto provided that such enlargement complies with the provisions of
Section 9 of this by-law as they relate to single-detached dwellings.
28.3
Special Provisions
Amended by By-law No. Z2-2000 Amended by By-law No. Z39-2002
28.3.1 FD-1
(a)
Location: Part of Lot 13, Concession 1 (formerly in the Township of Logan)
(Key Map 37)
(b)
Notwithstanding the provisions of Section 28.2 of By-law No. 100- 1998 to the
contrary, the minimum lot frontage and minimum lot area for the land located
within the "FD-1" zone as shown on Schedule "A" to this By- law (also shown
on Schedule "A" to By-law Nos. Z2-2000 and Z39- 2002) shall be 0.0 m and 1.0
hectares, respectively. These provisions recognize that the "FD- 1" zone
remains under the same ownership as the lands within the "R1-2" zone.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z8-2000 Deleted by By-law No. Z98-2007
28.3.1 FD-1-A
Amended by By-law No. Z17-2001 Amended by By-law No. Z52-2004
Deleted by By-Law No. Z60-2004
28.3.3 FD-3
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Amended by By-law No. Z19-2001
28.3.4 FD-4
(a)
Location: Part of Park Lot 47, Registered Plan No. 339 (Mitchell Ward) (Key
Map 39)
(b)
Notwithstanding the provisions of Section 28.2 of By-law No. 100- 1998 to
the contrary, the minimum lot area and minimum lot frontage for the land
located within the "FD-4" zone together with the land in the "R1-9" zone as
shown on Schedule "A" to this By-law (also shown on Schedule "A" to By-law
No. Z19-2001) shall be shall be 3.7 hectares 160 m, respectively.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z52-2004 Deleted by By-Law No. Z60-2004 Amended
by By-law No. Z219-2019
28.3.5 FD-5
(a)
Location: Part of Lot 13, Concession 1 (formerly in the Township of Logan)
(Key Map 33)
(b)
Notwithstanding the provisions of Section 28.2 of By-law No. 100- 1998 to the
contrary, the minimum lot area for the land located within the "FD-5" zone as
shown on Schedule "A" to this By- law (also shown on Schedule "A" to By-law
No. Z219-2019) shall be 4.08 hectares.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z55A-2004
28.3.6 FD-6
(a)
Location: Part of Lot 13, Concession 1 (formerly in the Township of Logan)
(Key Maps 33 and 37)
(b)
Notwithstanding the provisions of Section 28.2 of By-law No. 100- 1998 to the
contrary, the minimum lot area and minimum lot frontage for the land located
within the "FD-6" zone as shown on Schedule "A" to this By-law (also shown
on Schedule "A" to By-law No. Z55A-2004) shall be 17.0 hectares and 235.0
m, respectively.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z219-2019
28.3.6.1
FD-61
(a)
Location: Part of Lot 13, Concession 1 (formerly in the Township of Logan)
(Key Map 33)
(b)
Notwithstanding the provisions of Section 28.2 of By-law No. 100- 1998 to the
contrary, the minimum lot area and minimum lot frontage for the land located
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within the "FD-61" zone as shown on Schedule "A" to this By-law (also shown
on Schedule "A" to By-law No. Z219-2019) shall be 0.8 hectares and 40 m,
respectively. These provisions recognize that the lands within the "FD-61" are
adjacent to lands within the "FD-6" zone (Key Maps 33 and 37), and are
proposed to be developed together as part of a future plan of subdivision.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z55A-2004
28.3.7 FD-7
(a)
Location: Part of Lot 13, Concession 1 (formerly in the Township of Logan)
(Key Map 37)
(b)
Notwithstanding any provision of this By-law to the contrary, the following
additional uses shall be permitted on the land in the "FD-7" zone as shown on
Key Map 37 of Schedule "A" to this By-law (also shown on Schedule "A" to
By-law No. Z55A-2004):
(i)
An eating establishment, restaurant;
(ii)
An eating establishment, takeout or fast food;
(iii)
Accessory uses, building, and structures.
(c)
Notwithstanding any provision of this By-law to the contrary, the following zone
provisions shall apply to permitted uses, buildings and structures in the "FD-7"
zone as shown on Key Map 37 of Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z55A-2004):
(i)
Lot Area, Minimum - 7,500 sq. m;
(ii)
Lot Frontage, Minimum - 50 m;
(iii)
Front Yard, Minimum - 20 m;
(iv)
Interior Side Yard, Minimum - 12 m;
(v)
Rear Yard, Minimum - 7.5 m;
(vi)
Lot Coverage, Maximum - 35 %;
(vii)
Building Height, Maximum - 10.5 m;
(viii)
Landscaped Open Space, Minimum - 30 %;
(ix)
Landscaping Requirements, Minimum - A landscaping area in the
form of a planting strip shall be provided in accordance with the
provisions of Section 5.23 of this By-law adjacent to every portion
of any lot line that abuts a Residential Zone or an existing residential
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lot;
(x)
Loading Space Requirements - As contained in Section 5.9 of this
By-law;
(xi)
Parking Requirements - As contained in Section 5.19 of this By-law;
(xii)
Driveway Requirements
(A)
No ingress or egress driveway shall exceed 9 m in width
measured at the lot line;
(B)
No ingress or egress driveway shall be located closer than 3
m to any side or rear lot line; All ingress and egress driveways
shall be surfaced with a hardtop material with adequate
provision for drainage;
(xiii)
Outdoor Storage - Shall include only a fully enclosed garbage storage
facility;
(xiv)
Outdoor Display Area - As contained in Section 5.17 of this By-law.
(d)
Notwithstanding any provision of this By-law to the contrary no uses, buildings,
or structures, other than those necessary for flood or erosion control works to
the extent allowed under the regulations made under the Conservation
Authorities Act, shall be permitted within 30 m of the top-of-bank of the Theil
Drain. The location of this 30 metre setback is shown on the attached
Schedule "A".
(e)
All other provisions of this By-law shall apply.
Amended by By-law No. Z134-2011
28.3.8 FD-8
(a)
Location: Part of Lot 12, Concession 16, Logan Ward (Key Map 3)
(b)
Notwithstanding the provisions of Section 5.1.3(e) of By-law No. 100- 1998 to
the contrary, the maximum gross floor area for an accessory building used as
a shed for personal storage in the "FD-8" zone and the "HVR-15" as shown
on Key Map 3 of Schedule "A" to By-law No. 100-1998 (also shown on
Schedule "A" to By-law No. Z134-2011) shall be 85 m2.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z176-2015
28.3.9 FD-9
(a)
Location: Part of Lot 13, Concession 1, Mitchell Ward (Key Map 33)
(b)
Notwithstanding any provision of this By-law to the contrary, the replacement
of an existing single- detached dwelling (existing as of the date of passing of
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By-law No. Z176-2015) and the replacement of an existing shed (existing as of
the date of passing of By-law No. Z176-2015) shall be permitted on the land in
the "FD-9" zone as shown on Key Map 33 of Schedule "A" to this By-law (also
shown on Schedule "A" to By-law No. Z176-2015).
(c)
Notwithstanding any provision of this By-law to the contrary, the following zone
provisions shall apply to the replacement of an existing single-detached
dwelling and shed as permitted by Clause (b) above: permitted uses, buildings
and structures in the "FD-9" zone as shown on Key Map 33 of Schedule "A" to
this By- law (also shown on Schedule "A" to By-law No. Z176-2015):
(i)
Front Yard, Minimum - 24 m;
(ii)
Interior Westerly Side Yard, Minimum - 1.2 m;
(iii)
Interior Easterly Side Yard, Minimum - 115 m;
(iv)
Rear Yard, Minimum - 150 m;
(v)
Lot Coverage, Maximum - 5 %;
(vi)
Ground Floor Area (Dwelling), Minimum - 100 m2
(vii)
Ground Floor Area (Dwelling), Maximum - 300 m2
(vi)
Ground Floor Area (Shed), Maximum - 350 m2
(vii)
Building Height, Maximum - 10.5 m;
(viii)
Landscaped Open Space, Minimum - 30 %;
(d)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z182-2016
28.3.10 FD-10
(a)
Location: Part of Park Lot 81 and 82, Registered Plan No. 341, Mitchell Ward
(Key Map 37)
(b)
Notwithstanding the provisions of Section 28.2 of this By-law to the contrary,
the minimum lot area in the "FD-10" zone as shown on Key Map 37 of
Schedule "A" to this By-law (also shown on Schedule "A" to By-law No. Z182-
2016) shall be 0.60 hectares.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Amended by By-law No. Z192-2017
28.3.11 FD-11
(a)
Location: Part of Lot 11, Concession 16, Logan Ward, (Key Map 3)
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(b)
Notwithstanding the provisions of Section 28.2 of this By-law to the contrary,
the minimum lot area in the "FD-11" zone as shown on Key Map 3 of Schedule
"A" to this By-law (also shown on Schedule "A" to By-law No. Z192-2017) shall
be 0.35 hectares.
(c)
All other provisions of By-law No. 100-1998 shall apply.
Added by By-law No. Z255-2021
28.3.12 FD-12
(a)
Location: All lands within the "FD-1" zone as shown on Schedule "A" to this By-
law.
(b)
Notwithstanding any provision of this By-law to the contrary, a shed for
personal storage shall be permitted on the land in the "FD-12" zone as shown
on Key Map 31 of Schedule "A" to this By-law (also shown on Schedule "A" to
By-law No. Z255-2021) prior to the establishment of a principal use on the
subject property.
(c)
The maximum gross floor area for the personal storage shed permitted in the
"FD-12" zone as shown on Key Map 31 of Schedule "A" to this By-law (also
shown on Schedule "A" to By-law No. Z255-2021) shall be 22.50 m2)
(d)
The minimum interior yard setback for the personal storage shed permitted in
the "FD-12" zone as shown on Key Map 31 of Schedule "A" to this By-law (also
shown on Schedule "A" to By-law No. Z255-2021) shall be 12 m
(e)
The minimum front yard setback for the personal storage ashed permitted in
the "FD-12" zone as shown on Key Map 31 of Schedule "A" to this By-law (also
shown on Schedule "A" to By-law No. Z255-2021) shall be 75 m
(f)
All other provisions of this By-law, as amended, shall apply.
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SECTION 29 - HOLDING ZONE (-H)
No person shall within any "(-H)" Zone use any land or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
29.1
Permitted Use, Buildings and Structures
Uses, buildings, and structures lawfully existing on the date of the passing of the
By-law which applies the Holding Zone (-H).
29.2
Zone Requirements
No new development or the enlargement of existing uses, buildings, and structures
shall be permitted in an (-H) Zone unless Council has passed a Zoning By-law
Amendment to remove the holding symbol (-H).
29.3
Special Provisions
Amended by By-law No. Z11-2001 Deleted by By-law No. Z149-2012
29.3.1 -H1
Amended by By-law No. Z11-2001 Deleted by By-law No. Z63-2004
29.3.2 -H2
Amended by By-law No. Z60-2004
29.3.3 -H3
(a)
Location: Part of Park Lot 17, Registered Plan No. 339 (Mitchell Ward) (Key
Map 31)
(b)
Notwithstanding any provision of this By-law to the contrary, the only
permitted uses, buildings, and structures on the land in the "-H3" zone as
shown on Key Map 31 of Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z60-2004) are those uses legally existing of
the day of adoption of By-law No. Z60-2004.
(c)
Prior to the removal of the Holding "-H3" provisions as established by this
By-law, the owner of the land within the "-H3" zone must enter into a Site
Plan Agreement with Council pursuant to Section 41 of the Planning Act
R.S.O. 1990.
Amended by By-law No. Z77-2005 Deleted by By-law No. Z149-2012
29.3.4 -H4
29.3.5 -H5 Assigned to By-law No. Z82-2006 not yet in force.
29.3.6 -H6 Assigned to By-law No. Z82-2006 not yet in force.
Amended by By-law No. Z86-2006
29.3.7 -H7
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(a)
Location: Part of Park Lot 35, Registered Plan No. 339 (Mitchell Ward)
(Key Map 39)
(b)
Notwithstanding any provision of this By-law to the contrary, the only
permitted uses, buildings, and structures on the land in the "-H7" zone as
shown on Key Map 39 of Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z86-2006) are those uses legally existing of
the day of adoption of By-law No. Z86-2006.
(c)
Prior to the removal of the Holding "-H7" provisions as established by this
By-law, the owner of the land within the "-H7" zone must enter into a
Subdivision Agreement with Council pursuant to Section 51 of the
Planning Act R.S.O. 1990.
(d)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z121-2009
29.3.8 -H8
(a)
Location: Lots 340 and 341 and Part of Lot 319, Registered Plan No. 339
(Mitchell Ward) (Key Map 36)
(b)
Notwithstanding any provision of this By-law to the contrary, the only
permitted uses, buildings, and structures on the land in the "-H8" zone as
shown on Key Map 36 of Schedule "A" to this By-law (also shown on
Schedule "A" to By-law No. Z121-2009) are those uses legally existing of
the day of adoption of By-law No. Z121- 2009.
(c)
Prior to the removal of the Holding "-H8" provisions as established by this
By-law, the owner of the land within the "-H8" zone must enter into a Site
Plan Agreement with West Perth Council pursuant to Section 41 of the
Planning Act R.S.O. 1990 and receive approval from West Perth Council of
a Deeming By-law pursuant to Section 50(4) of the Planning Act R.S.O.
1990 to merge the subject lands into one parcel.
(d)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z150-2012 Deleted by By-law No. Z164-2013
Amended by By-law No. Z169-2014
29.3.9 -H9
(a)
Location: Part of Lot 16, Concession 8 (Hibbert Ward) (Key Map 53)
Notwithstanding the provision of Section 18.1 of By-law No. 100- 1998 to
the contrary, only the following uses shall be permitted on the land within
the "M1- H9" zone as shown on Key Map 53 of Schedule "A" to By-law No.
100- 1998 (also shown on Schedule "A" to By-law No. Z169-2014):
(i)
A contractor's yard;
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(ii)
A fuel pump island;
(iii)
A mini-storage facility;
(iv)
A parking area;
(v)
A self-storage establishment; and
(vi)
Accessory uses buildings and structures.
(b)
Prior to the removal of the Holding "-H9" provisions as established by this
By-law, the owner of the land within the "-H9" zone must demonstrate to
West Perth Council that the authority having jurisdiction over the supply of
on- site potable water and the authority having jurisdiction over on-site
sanitary disposal are satisfied that the full range of uses permitted by the
"Light Industrial Zone (M1)" zone of By-law No. 100-1998 can be
adequately serviced on the subject property.
(c)
All other applicable provisions of By-law No. 100-1998, as amended, shall
apply.
Amended by By-law No. Z179-2015
29.3.10 -H10
(a)
Location: Part of Park Lot 46, Registered Plan No. 339 (Mitchell Ward) (Key
Map 39)
(b)
Notwithstanding any provision of this By-law to the contrary, the only
permitted uses, buildings, and structures on the land in the "- H10" zone as
shown on Key Map 39 of Schedule "A" to this By-law (also shown on Schedule
"A" to By-law No. Z179-2015) are those uses legally existing of the day of
adoption of By-law No. Z179- 2015.
(c)
Prior to the removal of the Holding "-H10" provisions as established by this
By-law, the owner of the land within the "-H10" zone must enter into a Site
Plan Agreement with Council pursuant to Section 41, of the Planning Act
R.S.O. 1990 or a Subdivision Agreement in accordance with Section 51 of
the Planning Act R.S.O. 1990.
Amended by By-law No. Z179-2015
29.3.11 -H11
(a)
Location: Block 30 and 31 as identified on Schedule A shall be zoned I-5-
H11 on Key Map 34 of the West Perth Zoning By-law.
(b)
The area zoned I-5 shall be subject to the provisions in Section 21.4.5 of
the West Perth Zoning By-law
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(c)
Notwithstanding Section 21.1 of this By-law, a storm water management
pond and accessory uses and structures are the only permitted use in the
I-5 zone
(d)
All other provisions of this By-law shall apply.
Amended by By-law No. Z311-2025
29.3.12 -H12
(a)
Location: Part Lot 15, Concession 12, Logan, RP R-5179 Parts 2 & 3;
Municipality of West Perth (Key Map 8);
(b)
That holding provision -H12, as established by this by-law, shall not be
removed until a Hydrogeological Study, that follows the D-5-4 series
guidelines, has been submitted and approved to the satisfaction of the
Municipality of West Perth.
(c)
All other provisions of this By-law shall apply.
Amended by By-law No. Z315-2025
29.3.13 -H13
(a)
Location: Part Park Lot 47, Plan 339, RP 44R-6107, Mitchell, Municipality
of West Perth (Key Map 39);
(b)
That holding provision -H13, as established by this by-law, shall not be
removed until the construction of Arend Street is completed to the
satisfaction of the Municipality of West Perth; and
(c)
That holding provision -H13, as established by this by-law, shall not be
removed until the landowner submits a comprehensive development plan
demonstrating the efficient use of land and municipal infrastructure to the
satisfaction of the Municipality of West Perth and the County of Perth.
(d)
All other provisions of this By-law shall apply.
Amended by By-law No. Z316-2025
29.3.14 -H14
(a)
Location: Part Park Lot 34, Plan 339, Mitchell, Parts 2 & 3, 44R-2725,
Mitchell, Municipality of West Perth (Key Map 39);
(b)
That holding provision -H14, as established by this by-law, shall not be
removed until the landowner submits a comprehensive development plan
demonstrating the efficient use of land and municipal infrastructure to the
satisfaction of the Municipality of West Perth and the County of Perth.
(c)
All other provisions of this By-law shall apply.
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Amended by By-law No. Z319-2026
29.3.15 -H15
(a)
Location: Block 25, Registered Plan 44M-88, Mitchell in the Municipality of
West Perth (Key Map 38);
(b)
That holding provision -H15 as established by this by-law, shall not be
removed until a Landfill Impact Study, that follows the D-4 series
guidelines, has been submitted and approved to the satisfaction of the
Municipality of West Perth
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Consolidation History
Date
By-law Numbers Updated
Key Maps Updated
April 2023
Z279-2023
58 & 59
Z273-2022
39, 55
Z275-2022
55
Z274-2022
17
Z276-2023
49
Z272-2022
47
Z278-2023
34
Z277-2023
17
July 2023
Z281-2023
51
Z270-2022
39
Z282-2023
39
Z283-2023
7
Z284-2023
50
October 2023
Z285-2023
34
Z286-2023
39
Z287-2023
35
January 2024
Z289-2023
14
July 2024
Z291-2024
19
Z292-2024
64
Z290-2024
49
Z295-2024
64
Z293-2024
52
Z294-2024
5
Z296-2024
13
October 2024
Z297-2024
31
Z298-2024
35
Z299-2024
13
Z300-2024
13
January 2025
Z301-2024
56
Z302-2024
31
Z303-2024
31
April 2025
Z304-2025
31
Z305-2025
43
Z306-2025
34 & 35
Z307-2025
Several
July 2025
Z308-2025
62
Z309-2025
34
October 2025
Z310-2025
55
April 2026
Z318-2026
56
July 2026
Z320-2026
32
Z319-2026
38
Z322-2026
7
Z321-2026
24
Z323-2026
16
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October 2026
Z327-2026
38
Z324-2026
39, 25
Z325-2026
20
Z328-2026
41
Z329-2026
38