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Village ofWestport
Zoning By-law No. 08-12
September 2008
Table of Contents
1 TITLE
1
2 DEFINITIONS
2
3
GENERAL PROVISIONS
28
3. I
Accessory Apartments
28
3.2
Accessory Uses
28
3.3
Automobile Service Stations, Gas Bars, Etc
29
3.4
Bed and Breakfast
29
3.5
Buildings to be Moved
30
3.6
Non-Conforming/Complying Uses and Exceptions
30
3.7
Dangerous Substances
34
3.8
Day Nurseries
34
3.9
Dwelling Units Below Grade
34
3.10
Frontage on an Opened Street
34
3.11
Frontage on More Than One Street..
35
3.12
Garden Suite
35
3.13
Group Homes
35
3.14
Holding Zones
35
3.15
Home Occupations
36
3.16
Illumination
39
3.17
Landscaped Open Space
39
3.18
Loading Space Regulations
39
3.19
Recreational Vehicles as Temporary Dwellings
4 I
3.20
Objects Stored in yards
4\
3.21
Occupancy Restrictions
41
3.22
Parking Area Regulations
42
3.23
Public Uses and Services
46
3.24
Residential Separation Distances from Other Land Uses
46
3.25
Setbacks
47
3.26
Sight Triangles and Sight Distance
47
3.27
Signs
47
3.28
Site Plan Requirements
47
3.29
Temporary Use Zones
48
4 ZONES
49
4.1
Classification
49
4.2
Zone Regulations
49
4.4
Zone Boundaries
49
4.5
Zone Symbols
50
4.6
Exception Zones
50
4.7
Holding Zones
50
4.8
Temporary Use Zones
50
4.9
Interpretation of Zone Boundaries
50
4.10
Building, Structure and Use Classification
50
5 RESIDENTIAL ZONES
51
5.1
RESIDENTIAL TYPE ONE (R1) ZONE
5\
5.1.1
Permitted Uses
51
5.1 .2
Zone Provisions
5 I
5.1.3
Exception Zones
52
Village of Westport Zoning By-law No. 08-12
September, 2008
Salter-Keane Consulting
5.2
RESIDENTIAL TYPE TWO (R2) ZONE
53
5.2.1
Permitted Uses
53
5.2.2
Zone Provisions
53
5.2.3
Exception Zones
55
6 COMMERCIAL ZONES
57
6.1
CENTRAL COMMERCIAL (CI) ZONE
57
6.1.1
Permitted Uses
57
6.1.2
Zone Provisions
58
6.1.3
Exception Zones
58
6.2
HIGHWAY COMMERCIAL (C2) ZONE
59
6.2.1
Permitted Uses
59
6.2.2
Zone Provisions
60
6.2.3
Exception Zones
61
7 INDUSTRIAL ZONES
62
7.1
WASTE DISPOSAL (M1) ZONE
62
7.1.1
Permitted Uses
62
7.1.2
Zone Provisions
62
7.1.3
Exception Zones
62
8
INSTITUTIONAL (I) ZONE
63
8.1
Permitted Uses
63
8.2
Zone Provisions
63
8.3
Exception Zones
63
9 OPEN SPACE (0) ZONE
64
9.1
Permitted Uses
64
9.2
Zone Provisions
64
9.3
Exception Zones
64
10 RURAL (RU) ZONE
65
10.1
Permitted Uses
65
10.2
Zone Provisions
65
10.3
Exception Zones
65
11 ENVIRONMENTAL PROTECTION (EP) ZONE
66
11.1
Permitted Uses
66
12 ADMINISTRATION, ENFORCEMENT AND PENALTIES
67
12.1
Administration
66
12.2
Interpretation
67
12.3
Building and Other Permits
67
12.4
Certificate of Occupancy
67
12.5
Application for Permits
67
12.6
Inspection
68
12.7
Violations and Penalties
68
12.8
Remedies
68
12.9
VaJidity
68
12.10
Existing By-laws
68
13 APPROVAL
69
Village of Westport Zoning By-law No. 08-12
Salter-Keane Consulting
September, 2008
ii
VILLAGE OF WESTPORT
ZONING BY-LAW No. 08-12
A Zoning By-law, being a By-law, comprising the following text and Schedule A attached hereto, for
prohibiting the use of land for or except for such purposes as may be set out in this By-law and for
prohibiting the erection, location or use of buildings or structures for or except for such purposes as may
be set out in this By-law within the said lands; and for regulating the character of buildings or structures
to be erected on the said lands.
The Council ofthe Corporation of the Village of Westport enacts as follows:
Vi[{age of Westport Zoning by-law No.
Salter-Keane Consulting
March 2008
SECTION 1: TITLE
1
TITLE
This By-law may be cited as the "Zoning By-law"
Village ofWestport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
SECTION 2: DEFINITIONS
2
DEFINITIONS
Tn this By-law, the following meanings shall apply unless the context requires
otherwise.
2A
ACCESSORY APARTMENT (See DWELLING, ACCESSORY APARTMENT)
ACCESSORY DWELLING (See DWELLING. ACCESSORY)
ACCESSORY USE (See USE, ACCESSORY)
ADULT ENTERTAINMENT:
Means any premises or part thereof in which is
provided, in pursuance of a trade, calling, business, or occupation, goods or
services appealing to or designed to appeal to erotic or sexual appetites or
inclinations, where:
1.
"to provide" when used in relation to servIces includes to furnish,
perform, solicit, or give such services in pursuance of a trade, calling,
business or occupation and "providing", "provided" and "provision" have
corresponding meanings, and
2.
"to provide" when used in relation to goods includes to sell, offer to sell
or display for sale, by retail or otherwise such goods and "providing",
"provided" and "provision" have corresponding meanings.
Notwithstanding the foregoing, adult entertainment shall not include a trade,
calling, business or occupation where the provision or sale of goods or services
appealing to or designed to appeal to erotic or sexual appetites or inclinations is
clearly subordinate to the principle trade of the enterprise.
Such exemption shall
include but not be limited to video rental or sales establishments, book stores and
convenience stores where the revenue generated from the sale or rental of such
goods and services represents less than 30% of the total gross receipts
Accessory Apartment
Accessory Dwelling
Accessory Use
Adult Entertainment
Village of Westport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
2
SECTION 2: DEFINITIONS
AGRICULTURE, GENERAL:
Means the growing of crops, including nursery
and horticultural crops; raising of livestock; raising of other animals for food, fur
or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple
syrup production; and associated on-farm buildings and structures, including
accommodation for full-time farm labour when the size and nature of the
operation requires additional employment..
AISLE:
Means a portion of a parking lot which abuts one or more off-street
parking spaces to which it provides access and which is not used for the parking of
vehicles.
ALTER:
When used in reference to a building or part thereof, means to change
anyone or more of the external dimensions of such building or to change the type
of construction of the exterior walls or roof thereof. When used in reference to a
Jot, the word alter means to change the area, frontage or depth thereof; to change
the width, depth or area of any required yard, landscaped open space or parking
lot 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 such lot, or otherwise.
Altered and Alteration shall have corresponding
meanmgs.
ANIMAL CARE:
Means caring and grooming of domestic animals, excluding
overnight care or accommodation, and shall not include an animal clinic.
ANIMAL CLINIC: Means a building or part of a building used by veterinarians.
their staff and their patients to provide grooming, medical or surgical treatments or
similar services and includes overnight care or accommodation.
General
Agriculture
Aisle
Alter
Animal
Care
Animal
Clinic
APARTMENT
DWELLING
HOUSE:
HOUSE)
AREA (See LOT, AREA)
(See
DWELLING,
APARTMENT
Apartment Dwelling
House
Area
ASSEMBLY HALL: Means a building or part of a building in which facilities are
provided for civic, educational, political, religious or social purposes and shall
include a banquet hall or private club.
ATTACHED:
Means a building otherwise complete in itself, which depends for
structural support, or complete enclosure, upon a division wall or walls shared in
common with an adjacent building or buildings.
ATTlC: Means the portion of a building situated wholly or in part within the roof
and which is not a half storey.
AUCTION HALL: Means the sale, by highest bid, of new or used goods, wares,
merchandise, substances, articles or things to the general public, but does not
include the sale of vehicles or livestock.
AUTOMOBILE BODY SHOP:
Means a building or structure used for complete
motor vehicle repairs to bodies, frames or motors and/or painting, upholstering
and/or complete collision work, but shall not include a wrecking or salvage yard.
Assembly Hall
Attached
Attic
Auction Hall
Automobile
Body Shop
Village ofWestport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
3
SECTION 2: DEFINITIONS
AUTOMOBILE CARE:
Means a building or a portion of a building where
mufflers, glass, tires or other similar minor parts and items are offered for sale and
installation on motor vehicles.
AUTOMOBILE GAS BAR:
Means a building and/or structure including fuel
pump islands where gasoline and/or oil is kept for sale with or without lubricants
or other items and accessories associated with the operation of automobiles and
normally sold at a gasoline pump island, but where no servicing, repair or
equipping of motor vehicles is carried on.
AUTOMOBILE RENTAL:
Means a parking space or parking lot and/or a
building or part thereof where motor vehicles, as defined by the Highway Traffic
Act, are rented or kept or used for rental purposes.
AUTOMOBILE SALES:
Means a building and/or lot where motor vehicles, as
defined by the Highway Traffic Act, are kept for display and/or sale.
Permitted
accessory uses may include those normally required for performing maintenance
and repair on motor vehicles, including service centre, service bays, body shop,
storage of parts, etc.
AUTOMOBILE SERVICE STATION:
Means a building and/or structure where
retail goods including gasoline, oil, grease, antifreeze, tires, sparkplugs, batteries
and other automobile accessories may be sold incidentally and where minor or
running repairs essential to the operation of motor vehicles are executed or
performed, but shall not include any other use otherwise defined herein.
AUTOMOBILE WASHING ESTABLISHMENT:
Means a building or structure
containing facilities for washing automobiles, either by production line methods
and mechanical devices, or by a self-service operation.
2B
BAKE SHOP:
Means a building or portion of a building where baked foods are
made for retail sale on the premises.
BAKERY:
Means a building or portion of a building wherein baked foods are
produced and processed for packaging, distribution and resale off the premises. A
bakeshop is a permitted accessory use in a bakery.
BASEMENT:
Means a portion of a building which is partly underground but
which has at least one-half of its height from finished floor to finished ceiling
above the adjacent finished grade.
BED AND BREAKFAST:
Means a private residence, limited to a single
detached dwelling which is operated to provide the travelling public with sleeping
accommodations in a maximum of three (3) rooms and other related services and
facilities within the occupants dwelling unit.
BEVERAGE ROOM:
Means a building or portion of a building or premises,
other than a restaurant, where liquor, spirits and food are stored, sold and
consumed and which is licensed under The Liquor License Act.
Automobile
Care
Automobile
Gas Bar
Automobile
Rental
Automobile
Sales
Automobile
Service Station
Automobile Washing
Establishment
Bake Shop
Bakery
Basement
Bed and
Breakfast
Beverage
Room
Village oj Westport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
4
SECTION 2: DEFINITIONS
BOARDING OR LODGING HOUSE:
(See
DWELLING, BOARDING or
LODGING HOUSE).
BUILDING:
Means any structure used or intended to be used for shelter,
accommodation or enclosure of persons, animals or chattels other than a lawful
boundary wall or fence.
BUILDING, ACCESSORY:
Means a subordinate detached building or structure
designed or intended for the better or more convenient enjoyment of the main
building, to which it is accessory and which is located on the same lot therewith.
An
accessory
building shall
be uninhabitable
unless otherwise specifically
permitted.
BUILDING, MAIN: Means a building designed and used for the principal use on
the lot.
BUILDING INSPECTOR: (Sec CHIEF BUILDING OFFICIAL)
BUiLDING LINE:
Means a line within a Jot drawn parallel to a lot line
establishing the minimum distance between that lot line and any portion of a
building or structure which may be erected.
BUILDING SUPPLY OUTLET:
Means a building, structure or lot where
building supplies including lumber, siding, roofing, plumbing, electrical, heating,
air conditioning and similar items are kept for display and/or sale and may include
the assembly and/or finishing of the items and contracting the construction or
installation of the items.
BULK STORAGE:
Means the use of a building, structure or lot for the purpose
of storing and selling coal, fuel oil, chemicals and similar items, but does not
include any manufacturing, assembling or processing uses.
BUSINESS OFFICE: (See OFFICE, BUSINESS)
BUTCHER SHOP:
Means a building or portion of a building where animals,
poultry and/or fish carcasses are processed and packaged for retail sale on the
premises, but shall not include an abattoir.
2C
Boarding or
Lodging House
Building
Accessory
Buildings
Main Building
Chief Building Official
Building Line
Building Supply
Outlet
Bulk Storage
Business Office
Butcher Shop
CARPORT:
Means a partially enclosed structure, which is attached to the main
Carport
building and which is used primarily for the storage of one or more motor vehicles
and in which no business, occupation or service is conducted for profit.
CEMETERY: Means a place used for the interment of human bodies as defined
Cemetery
under the Cemeteries Act and includes accessory uses such as crematorium,
coJumbarium and chapel.
CELLAR:
Means that portion of a building which has more than one-half of its
Cellar
height from finished floor to finished ceiling below the adjacent finished grade.
CHIEF BUILDING OFFICIAL: Means an officer or employee ofthe Corporation
Chief Building
Village of Westport Zoning by-law No. 08-12
September,200S
Salter-Keane Consulting
5
SECTION 2: DEFINITIONS
charged with the duty of enforcing the provisions of the Building Code Act, the
Zoning By-law and similar By-laws ofthe Corporation.
CHURCH: Means a building dedicated to religious worship. Permitted accessory
uses may include a church or parish hall, rectory, Sunday school and licensed day
nursery.
CLINIC, ANIMAL: (See ANIMAL CLINIC)
CLINIC, MEDICAL: (See MEDICAL CLINIC)
CLUB, COMMERCIAL:
(See COMMERCIAL SPORTS AND RECREAnON
CENTRE)
COMMERCIAL SCHOOL: (See SCHOOL, COMMERCIAL)
COMMERCIAL SPORTS AND RECREAnON CENTRE:
Means an athletic,
recreational or social club operated for gain or profit or for the private use of
members.
COMMERCIAL STORAGE:
Means a building or structure in which more than
one storage unit is rented and used for the temporary storage of household items,
vehicles and/or commercial goods and materials, but does not include any
business operation or use associated with the storage.
Each unit is physically
separated from other units within the building and has its own entrance.
COMMERCIAL YARD SALE: Means the sale of new or used household items
including, but not limited to, clothing, furniture, appliances, house wares, sporting
or recreational equipment and toys which is conducted by a person or persons on a
regular basis, whether or not seasonally and whether or not on the same lot.
COMMUNICATION FACILITY: Means any use of land that is primarily for the
transmission of electronic signals through the air and includes a transmitting
station or tower.
COMMUNITY CENTRE: Means any land, building and/or structure that is used
for community activities, whether used for commercial purposes or not, the
control of which is vested in the corporation, a local board or agent thereof.
CONSERVATION:
Means the maintenance of the natural environment for the
purposes of preservation, research, observation and outdoor uses such as hiking
and fishing. This definition may include the construction and use of trail shelters
and other similar structures ancillary to the foregoing uses, but shall not include a
dwelling house, a mobile home or a tourist vehicle.
CONTRACTOR OR TRADESMAN ESTABLISHMENT:
Means a building or
part of a building where mechanical, electrical, structural, plumbing or like
contractors conduct their businesses, whether in conjunction with a retail store or
not, and may include offices, display areas and storage areas, but shall not include
open storage.
Official
Church
Animal Clinic
Medical Clinic
Commercial Club
Commercial School
Commercial Sports
and
Recreation Centre
Commercial Storage
Commercial Yard
Sale
Communication
Facility
Community Centre
Conservation
Contractor or
Tradesman
Establishment
CONVENIENCE STORE:
Means a building or part of a building wherein
Convenience Store
Village ofWestport Zoning by-law No. 08-12
September, 2008
Salter-Keane Consulting
6
SECTION 2: DEFINITIONS
convenience commercial goods and foodstuffs which serve the day-to-day needs
of local residents are offered for sale and may include an automobile gas bar.
CONVERTED DWELLING: (See DWELLING, CONVERTED).
CORNER LOT: (See LOT, CORNER).
CORPORATION: Means the Corporation of the Village of Westport
COVERAGE: (See LOT, COVERAGE)
CUSTOM WORKSHOP: Means a building or part of a building where individual
custom productions such as drapes, venetian blinds, handmade leather goods,
orthopedic and prosthetic appliances, weaving, awnings and other non-offensive,
non-dangerous custom production is carried out, but does not include any factory
production or any shop or factory otherwise classified or defined in this By-law.
A custom workshop may include an accessory retail use up to 25% of the gross
leasable floor area.
2D
DAIRY:
Means a building or portion of a building where dairy products are
produced and processed for packaging, distribution and resale off premises.
A
dairy may include an accessory retail use up to 25% of the gross leasable floor
area.
DAY NURSERY, PRlVATE:
Means a dwelling in which the owner or tenant
conducts a home occupation by providing temporary care, supervision and board
for less than 5 children who are not of common parentage.
DAY NURSERY, LICENSED:
Means a building or part of a building in which
temporary care, supervision and/or board for more than 5 children who are not of
common parentage is provided and which is licensed under the Day Nurseries Act.
DENSITY: Means the ratio of the number of dwelling units to the lot area.
DEPTH: (See LOT, DEPTH)
DRIVEWAY:
Means the area between the traveled portion of a street and a
parking lot used by motor vehicles for access to and from the parking lot, but does
not include an aisle. A driveway on a residential lot may be used as one or more
parking spaces,
excluding the
required
parking
spaces,
where
specifically
permitted herein.
DRY CLEANING DISTRIBUTION STATION:
Means a building or part of a
building used for receiving clothing articles, or fabric goods to be subjected to the
process of dry cleaning, dry dyeing, or cleaning elsewhere and for the pressing
and distribution of any such articles or goods which have been subjected to any
such process.
Notwithstanding the foregoing, on-site dry cleaning, dry dyeing,
cleaning and pressing of personal clothing and household articles are permitted.
DRY CLEANING PLANT:
Means a building or part of a building in which the
Converted Dwelling
Corner Lot
Corporation
Coverage
Custom Workshop
Dairy
Private
Day Nurseries
Licensed
Day Nurseries
Density
Depth
Driveway
Dry Cleaning
Distribution
Station
Dry Cleaning
Village afWestport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
7
SECTION 2: DEFINITIONS
business of dry cleaning, dry dyeing, cleaning or pressing of clothing articles or
fabric goods is carried on.
DWELLING HOUSE:
Means a building containing one or more dwelling units,
each of which is occupied or intended to be occupied by one household and
excluding hotels/motels, trailers, recreational vehicles, or tents.
DWELLING UNIT:
Means a suite of two or more habitable rooms designed for
use and occupied by not more than one household in which separate kitchen and
sanitary facilities are provided for the exclusive use of the household, with a
private entrance from outside the building or from a common hallway or stairway
inside the building.
ACCESSORY APARTMENT DWELLING UNIT: Means an accessory dwelling
unit located in a single-detached dwelling house that does not occupy the whole of
a storey within the dwelling, and that shares at least two of the following with the
principal dwelling unit:
-
building entrance,
-
parking area and/or
-
private amenity area.
ACCESSORY DWELLING HOUSE:
Means a single detached dwelling house
which is accessory to a permitted Non-Residential use and is occupied by either
the owner of the lot or by one employee employed on the lot where such accessory
dwelling house is located.
ACCESSORY DWELLING UNIT:
Means a dwelling unit within a Non-
residential building which is accessory to a permitted Non-Residential use and is
occupied by either the owner of the lot or by one employee employed on the lot
where such accessory dwelling unit is located.
APARTMENT DWELLING HOUSE: Means a building containing a number of
dwelling units which share a common entrance from the street level wherein the
occupants have the right to use common halls and/or stairs and/or elevators and
yards.
BOARDING/ROOMING
DWELLING
HOUSE:
Means
a
single-detached
dwelling house existing at the time of the passing of this By-law in which rooms
are rented individually, with or without meals, for three or more persons who are
not a household but does not include any other establishment otherwise defined or
classified herein.
CONVERTED DWELLING HOUSE:
Means a single-detached dwelling house
existing at the time of the passing of this By-law which because of size and
design, has been or can be converted by partition and the addition of sanitary
facilities and cooking facilities into more than one dwelling unit.
Plant
Dwelling
House
Dwelling
Unit
Accessory
Apartment
Accessory
Dwelling
Accessory
Dwelling Unit
Apartment Dwelling
House
Boarding/Rooming
House
Converted Dwelling
House
DUPLEX DWELLING HOUSE:
Means the whole of a dwelling house divided
horizontally into two dwelling units, each of which has an independent entrance
either directly from the outside or through a common vestibule.
Village of Westport Zoning by-law No. 08-/2
Salter-Keane Consulting
Duplex Dwelling
House
September, 2008
8
SECTION 2: DEFINITIONS
GROUP DWELLING: Means a dwelling house that is part of a group of dwelling
houses on the same lot.
MODULAR DWELLING HOUSE:
Means a single-detached dwelling house
built in one or more major pieces and transported to the site where it is assembled,
as opposed to a dwelling built entirely on site. A modular dwelling house shall be
manufactured in accordance with the A 277 standard of the Canadian Standards
Association. For the purposes of this By-law, a modular dwelling shall be deemed
to be a single detached dwelling house.
MULTIPLE DWELLING HOUSE:
Means a dwelling containing three or more
dwelling units not otherwise defined herein.
SEMI-DETACHED DWELLING HOUSE: Means one of a pair of dwelling units
divided vertically into two dwelling units, each of which has an independent
entrance either directly from the outside of through a common vestibule.
SINGLE DETACHED DWELLING HOUSE:
Means a completely detached
dwelling house.
TOWNHOUSE
DWELLING
HOUSE:
Means
a
dwelling
house
divided
vertically into 3 or more dwelling units, each of which has independent entrances
to front and rear privacy yards.
Group
Dwelling
Modular
Dwelling
Multiple
Dwelling
Semi-Detached
Dwelling House
Single-Detached
Dwelling House
Townhouse
1.
2.
STREET TOWNHOUSE DWELLING HOUSE: Means a townhouse
dwelling house that abuts an open street or a private street on a common
elements plan of condominium, and
is designed as an independent
dwelling unit for freehold occupancy.
PLANNED
UNIT
TOWNHOUSE
DWELLING
HOUSE:
Means
a
townhouse dwelling house, which forms part of a group of such dwelling
houses and which shares common facilities with the other dwelling houses
such as access to a public road, parking facilities, open space, recreation
areas, and is designed as an integral part of a complex for condominium,
cooperative and/or rental occupancy.
2E
Street Townhouse
Planned Unit
Townhouse
EMPLOYEE:
Means a person who is hired, contracted, engaged or otherwise
employed by another person or persons or by a company, partnership, corporation
or similar organization to perform or carry out work.
For the purpose of this
definition, an employee includes any person who is employed full time or part
time, whether for a salary, commission, hourly wage, other consideration or as a
volunteer, and includes the owner, owners, partners, principals and officers of the
company, partnership. corporation or organization.
ERECT:
Means to build, construct, reconstruct, alter and relocate and without
limiting the generality of the foregoing shall be taken to include any preliminary
physical operation such as excavating,
grading,
piling,
cribbing,
filling or
draining, structurally altering any existing building or structure by an addition,
deletion, enlargement or extension, and any other work which requires a building
permit.
Employee
Erect
Village ofWestport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
9
SECTION 2: DEFINITIONS
ESTABLISHED BUILDING LINE:
Means the average distance between the
street and the building line for all main buildings on the same side of the street
within the same block as of the date of the passing of this By-law.
EXISTING: Means existing as of the date of the passing of this By-law.
EXISTING USE: Means the purpose for which any land, building, structure or
combination thereof is designed, arranged, occupied or maintained as of the date
of the passing of this By-law.
EXTERIOR SIDE LOT LINE: (See LOT LINE)
EXTERIOR SIDE YARD: (See YARD)
2F
FARM: (See AGRTCULTURE)
FARM IMPLEMENT SALES:
Means a building and/or lot where new and/or
used farm implements are kept for display, sale and/or rental. Accessory uses may
include those normally required for performing maintenance on and repair of farm
implements, including service centres, service bays, storage of farm implement
parts, etc.
r ARM SUPPLY SALES:
Means a building wherein farm supplies which may
include teed, seed, agricultural chemicals, hardware, farm working apparel, etc.
are sold or rented.
FILL LINE:
Means a line delineating that area both inside and outside of the
flood plain, where fill placement, excavation and lot grading are regulated under
the Fill, Construction and Alterations to Waterways Regulations of the responsible
Conservation Authority.
FLOOD LINE: Means the line which delineates I: 100 year flood boundary
FLOOD PLAIN: Means the area below the flood line, as herein defined, which is
subject to The Fill, Construction and Alteration to Waterways Regulations of the
Conservation Authority Regulations under The Conservation Authorities Act.
FINANCIAL OFFICE:
Means a building or part of a building in which a bank,
trust company, finance company, mortgage company or investment company is
located.
FINISHED GRADE: (See GRADE, FINISHED)
FLOOR AREA: (See GROSS LEASABLE FLOOR AREA)
FORESTRY USE:
Means the planting, management and/or harvesting of timber
resources including the establishment of a temporary or portable sawmill as an
accessory use for the processing of timber resources taken from the lot on which
the
temporary
or
portable
sawmill
is
located,
but does
not
include
the
establishment of a permanent sawmill, as herein defined.
Established
Building Line
Existing
Existing Use
Exterior Side
Lot Line
Exterior Side Yard
Farm
Farm Implement
Sales
Farm Supply
Sales
FiIJ Line
Flood Line
Flood Plain
Financial Office
Finished Grade
Floor Area
Forestry Use
Village o/Westport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
10
SECTION 2: DEFINITIONS
FRONTAGE: (See LOT, FRONTAGE)
FUEL PUMP ISLAND:
Means a structure on a lot of an automobile gas bar,
retail
propane/compressed natural gas transfer facility or automobile service
station where the fuel pumps are located.
FUNERAL HOME:
Means a building used for the preparation of deceased
human bodies for interment or cremation, for the viewing of deceased persons,
and for the holding of funeral services.
2G
GARAGE, PRIVATE:
Means an accessory building or part of a residential
building located on a residential lot intended for the storage of one or more
vehicles, in which no business, occupation or service is conducted for profit.
Freestanding garages are accessory buildings.
GARDEN SUITE: Means a one-unit detached residential structure
containing sanitary and kitchen facilities that is accessory to an existing
permanent residential structure and that is designed to be portable, but
does not include a mobile home, a park model trailer, a travel trailer or
any other type of recreational vehicle. (Also known as a Granny flat)
GOLF COURSE:
Means a public or private area operated for the purpose of
playing golf and includes a par 3 golf course, but does not include driving ranges,
miniature courses and similar uses.
GRADE, FINISHED:
With reference to a building, means the average elevation
of the finished surface of the ground where it meets the exterior of the front of
such building and when used with reference to a structure shall mean the average
elevation of the finished grade of the ground immediately surrounding such
structure, exclusive in both cases of any artificial embankment or entrenchment,
and when used with reference to a street means the elevation of the street
established by the Corporation or other designated authority.
GREENHOUSE:
Means a building and/or structure used for the growing of
flowers, vegetables, shrubs, trees and similar vegetation including any part of a
building, structure or area used for the sale of garden supplies and landscaping
materials which may include seeds, bulbs, tools, etc.
This definition shall not
include any premises for the growing of mushrooms.
GROSS LEASABLE FLOOR AREA:
Means the sum total of the area of the
floor or floors, above and below grade, measured from the exterior faces of the
exterior walls of a building or structure at the level of each floor but shall not
include:
I.
any part of the building or structure below grade which is used for heating
equipment, storage, laundry facilities and similar accessory uses.
2.
any part of the building or structure used for the storage or parking of
motor vehicles.
GROUP HOME, TYPE A: Means a single household unit in a dwelling, in which
3 to
10 residents (excluding staff or receiving family)
live together under
Frontage
Fuel Pump
Island
Funeral Home
Private Garage
Garden Suite
Golf Course
Finished Grade
Greenhouse
Gross Leasable
Floor Area
Type A Group
Home
Village of Westport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
I ]
SECTION 2: DEFINITIONS
responsible supervision consistent with the requirements of its residents, and
which is licensed or approved under Provincial Statute and is in compliance with
Municipal
by-laws.
This definition does not include residences for young
offenders, adult offenders, or boarding/rooming dwelling houses.
GROUP HOME, TYPE B: Means a single household unit in a dwelling in which
a maximum of ten residents live together under custodial supervision consistent
with the particular needs of its residents. A Young Offenders Type B group home
shall be licensed or approved by either the Ministry of Community and Social
Services or the Ministry of Correctional Services under the Young Offenders Act.
An Adult Offenders Type B group home, or Community Resource Centre, shall be
licensed or approved by the Ministry of Correctional Services under the Ministry
of Correctional Services Act.
Type B Group
Home
GUEST HOUSE: (See TOURIST GUEST HOUSE)
Guest House
2H
HABITABLE ROOM: Means a room designed to provide living, dining, sleeping
or kitchen accommodation. This definition may include a bathroom, den, library
or enclosed sun room but shall not include any porch, verandah, unfinished attic,
unfinished basement or unfinished cellar.
Habitable Room
Height
the highest point of the roof surface or the parapet, whichever is the
greater of a flat roof; or
the deckline of a mansard roof; or
the mean level between eaves and ridge of a gabled, hip, gambrel, cottage
or other type of pitched roof.
3.
HEIGHT:
Means the vertical distance of a building between the finished grade,
and:
I.
2.
HIGHWAY: (See STREET)
Highway
Village of Westport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
12
SECTION 2: DEFINITIONS
Illustration of Heights of Buildings
FRONT OF BUILDING
,FINISHED SURFACE
AVERAGE ELEVA TION
:r
zo...::;
III
u.o...:r
Cl
w
:I:
____ ......L
ROOF SURFACE
Clz
a...
:5
III
u.o...:r
~w:r
FLAT ROOF
RIDGE
DECK
ROOF
LINE
,
MEAN
I ------~-~:rl-aCl!-·'------.....
~c-:iE~;~L
....-
~
..,.-
~ VE
,,__
0 z <r----~--~
Cl=
~o
-::l
Cl=
SIDE
~ III
FRONT
SIDE
w::l
FRONT
I
:r III
l--
-'-y .. l-----~-Et{~~?_JN '----
--l
'-----~
MANSARD ROOF
GABLE ROOF
RIDGE
III-I _.
EAVE
,Iii
SIDE
HIP ROOF
GAMBREL ROOF
THIS ILLUSTRATION DOES NOT FORM
PART OF THIS BY-LAW, BUT IS PROVIDED
FOR CONVENIENCE.
._--------~
Village oj Westport Zoning by-law No. 08-/2
Salter-Keane Consulting
September, 2008
13
SECTION 2: DEFINITIONS
HOME FOR THE AGED:
Means a building established and/or maintained by
the Corporation under The Homes for the Aged and Rest Homes Act.
HOME OCCUPAnON: Means an occupation conducted for gain or profit as an
accessory use to a residential use in accordance with the regulations herein.
HOME INDUSTRY:
Means an occupation conducted for gain or profit as an
accessory use within a dwelling unit and/or within an accessory building on the
same lot in accordance with the regulations herein.
HOTEL: Means a building, or part of a building, or two or more disconnected or
detached buildings, designed to be used for the purpose of catering to the needs
of the traveling or vacationing public by furnishing sleeping accommodation with
or without kitchens, with or without supplying food, and may include meeting
rooms, banquet halls, public dining rooms, and any premises licensed under the
Liquor License Act and shall include an inn, a motel or motor inn but shall not
include,
boarding/rooming dwelling houses,
beverage
rooms
or apartment
dwelling houses.
HOUSEHOLD:
Means the collection of all individuals normally resident in a
dwelling unit.
21
INSTITUTION:
Means a building or part of a building used for a non-
commercial purpose by an organized body or society for promoting a particular
purpose.
This definition may include a library, college, university, convent,
monastery, public museum or similar use, but shall not include an assembly hall.
INTERIOR LOT: (See LOT)
INTERIOR SIDE YARD: (See YARD)
2J
Reserved for future use.
2K
Reserved for future use.
2L
LANDSCAPED OPEN SPACE:
Means the area of a lot comprised of lawn,
natural or ornamental shrubs, flowers and trees including space occupied by
paths, walks, courts, patios and pools, but shall not include parking lots, aisles,
driveways, loading spaces, curbs, or ramps for vehicles.
LANE: Means a public thoroughfare which affords a means of access to abutting
lots but which is not a street as defined herein and is not intended for general
traffic circulation.
Village ofWestport Zoning by-law No. 08-12
Salter-Keane Consulting
Home for the Aged
Home Occupation
Home Industry
Hotel
Household
Institution
Interior Lot
Interior Side Yard
Landscaped
Open Space
Lane
September, 2008
14
SECTION 2: DEFINITIONS
LAUNDROMAT: Means a building or part of a building containing two or more
washing and/or self-service dry-cleaning machines and/or dryers for use by the
public which is operated for profit or gain.
LOADING SPACE:
Means a space or bay located on a lot which is used or
intended to be used for the temporary parking of any vehicle while loading or
unloading goods, merchandise, animals or materials used in connection with the
use of the lot or any building thereon.
LOT:
Means any parcel of land described in a registered deed or shown in a
registered plan of subdivision, which is capable of being legally conveyed from
one party to another and including any parts of the parcel which are subject to
right of easement.
CORNER LOT: Means lot situated at the intersection of and abutting two streets
which intersect at an angle of less than 135 degrees.
INTERIOR LOT:
Means a lot situated between adjacent lots and abutting one
street.
IRREGULAR LOT: Means a lot abutting more than one street, but not otherwise
defined herein.
THROUGH LOT:
Means a lot bounded on two opposite sides by streets
provided, however, that if any lot qualifies as being both a comer lot and a
through lot as herein defined, such lot shall be conclusively deemed to be a
corner lot.
WATERFRONT LOT:
Means a lot with at least one lot line abutting the
shoreline of a waterbody.
Village ofWestport Zoning by-law No. 08-12
Salter-Keane Consulting
Laundromat
Loading
Space
Lot
Corner Lot
Interior Lot
Irregular Lot
Through Lot
Waterfront
Lot
September, 2008
15
SECTION 2: DEFINITIONS
Illustration of Lot Definitions
'flOT DEPTH"
NO REAR LOT LINE
"lOT DEPTH"
FRONT AND REAR LOT LINES
ARE PARALLEL
l-
W
W
II:
f-
UI
SIDE LOT LINES
n lOT. CORNER II
CORNER LOT -
CURVED SIDE
LOT DEPTH
~R§OTLINE t;j
LOT Dl:PTH
~
f-
UI
"",FRONT LOT LINE
-
MIDDLE POINT OF
~fi:,.fi:,."",
FRONT LOT LINE
,<>"'" "lOT DEPTH"
FRONT AND REAR LOT
LINES ARE NOT PARALLEL
TANGENTS TO STREET.
LINES DRAWN THROUGH
,
EXTREMITIES OF
~~
INTERIOR LOT L1NES~
~«;
co'"
/
CORNER
"lOT,CORNER"
CORNER LOT
STRAIGHT SIDES
DIST ANCE SPECIFIED
IN BY-LAW
PORTION OF
CORNER LOT
MORE THAN 30.48 m
FROM CORNER
STREET
30.48 t:CORNER
·.:..::..::~tt::;=~~u>O
'''<9
THIS ILLUSTRATION DOES NOT FORM
PART OF THIS BY-LAW. BUT IS PROVIDED
FOR CONVENIENCE.
FRONTAGE MEASURED
ON LINE PARALLEL
TO FRONT LOT LINE
"lOT FRONTAGEft
SIDE LOT LINE
II lOT FRONTAGE II
FRONT
LOT LINE
cS'",
~
~'"
~)
-9~
~)-
FRONTAGE
MEASURED
ON LINE PARALLEL
TO FRONT LOT LINE
Village of Westport Zoning by-law No. 08-J2
Salter-Keane Consulting
September, 2008
16
SECTION 2: DEFINITIONS
LOT AREA:
Means the total horizontal area within the lot lines of a lot.
For
calculating the minimum lot area requirement such area shall exclude areas
covered by a waterbody or watercourse, or areas located within the mapped flood
plain, or areas between the top and toe of cliffs or embankments having a slope
of 30 degrees or more from the horizontal shall not be included.
LOT COVERAGE: Means the percentage of the lot area covered by buildings or
structures exclusive of canopies, balconies and overhanging eaves and private
swimming pools protruding not more than 1.5 m (16 ft) (5 ft) above finished
grade.
LOT DEPTH:
Means the horizontal distance between the front lot line and the
rear lot line.
For the purpose of determining the required minimum lot depth for lots which are
not square or rectangular the following shall apply:
1.
If the front and rear lot lines are not parallel, the lot depth shall be
measured by joining the mid-point of the front lot line with the mid-point
of the rear lot line, or with the apex of the triangle formed by the side lot
lines.
2.
In the case of a corner lot with a curved front lot line, the lot depth shall
be measured by first extending the front and exterior side lot lines as
tangents, from the point where each lot line begins to curve, in a straight
line to their point of intersection.
The lot depth shall then be measured
by joining the mid-point of the tangent to the front lot line and the mid-
point of the rear lot line, or with the apex of the triangle formed by the
side lot lines.
LOT FRONTAGE:
Means the width of the lot between the side lot lines at the
front lot line.
For the purpose of determining the required minimum lot frontage in the case of
a lot without parallel side lot lines and/or without a straight front lot line, the
following shall apply:
1.
the minimum required lot frontage shall be measured as the length of the
front lot line; or
2.
the minimum required lot frontage shall be measured as the horizontal
distance between the side lot lines, measured between the points on the
side lot lines equal to the front yard requirement for the use in the zone in
which the lot is located.
LOT LINE, FRONT: Means the line dividing the lot from the street.
For the purpose of determining the front lot line the following shall apply:
Village ofWestport Zoning by-law No. 08-12
Salter-Keane Consulting
Lot Area
Lot Coverage
Lot Depth
Lot Frontage
Front Lot Line
September, 2008
17
SECTION 2: DEFINITIONS
I.
In the case of a comer lot, the shorter lot line abutting a street shall be
deemed to be the front lot line and the longer lot line abutting a street
shall be deemed an exterior lot line. If such lot lines are of equal length,
the front lot line shall be deemed to be the lot line as established by
building orientation and/or main access.
2.
In the case of a through lot the shorter of the lines dividing the lot from
the streets shall be deemed the front lot line.
If such lines are of equal
length, the front lot line shall be deemed to be the line as established by
building orientation and/or main access.
3.
In the case of a waterfront lot, the shoreline shall be deemed to be the
front lot line.
4.
In the case of an irregular lot, the shortest lot line abutting a street shall
be deemed to be the front lot line, or the front lot line shall be deemed to
be the lot line as established by building orientation and/or main access,
whichever is the more appropriate.
LOT LINE, REAR: Means the lot line furthest from and opposite to the front lot
line. In the case of a lot having 4 or more lot lines, the one lot line farthest from
and opposite to the front lot line shall be deemed to be the rear lot line.
In the
case of a lot having 3 lot lines, there shall be deemed to be no rear lot line.
LOT LINE, SIDE:
Means the lot line or lines other than a front lot line or rear
lot line.
2M
MAIN WALL: Means the exterior front, side or rear wall of a building, and all
structural members essential to the support of a fully or partially enclosed space
or roof, where such members are nearer to a lot line than the said exterior wall.
MARINA:
Means a lot, building or structure containing docking facilities, boat
launching ramps, lifts, boathouses, and located on a waterbody, where boats and
boat accessories are berthed, stored, serviced, repaired or kept for sale or rent and
where facilities for the sale of marine fuels and lubricants may be provided, and
may include a building or structure for the sale of accessories or refreshments,
but does not include a marine facility.
MARINE FACILITY:
Means an accessory building or structure located on a
waterfront lot which is used to take a boat into or out of a waterbody, to moor, to
berth or to store a boat. This definition may include a boat launching ramp, boat
lift, dock, or boathouse, but shall not include any building used for human
habitation or a marina.
Village olWestport Zoning by-law No. 08-12
Salter-Keane Consulting
Rear Lot Line
Side Lot Line
Main Wall
Marina
Marine Facility
September. 2008
18
SECTION 2: DEFINITIONS
MARKET:
Means the
sale of new
or
used
goods,
wares,
merchandise,
substances, articles or things to the general public, including but not limited to:
arts, crafts and other homemade articles, fresh and prepared food products;
nursery products; and used furniture and other household items, by one or more
independent vendors, but does not include the sale of vehicles or livestock.
A
market may be located in a permanent or temporary building or structure, or may
be located partially or entirely in the open.
For the purposes of this By-law, a
market is considered to be a retail store.
MEDICAL CLINIC:
Means a building or part of a building used solely by
physicians, dentists, and/or drugless practitioners, their staff and their patients,
for the purpose of consultation, diagnosis and office treatment.
MERCHANDISE SERVICE SHOP: (See SERVICE SHOP)
MODULAR DWELLING: (See DWELLING, MODULAR)
MOTEL: (See HOTEL)
MOTOR HOME:
Means a self-propelled vehicle designed for living, sleeping
and eating accommodation.
MOTOR VEHICLE: Means a motor vehicle as defined by The Highway Traffic
Act.
MUNICIPALITY: (See CORPORAnON).
MUSEUM:
Means a lot, building and/or structure used for the storing and
exhibition of objects illustrating antiquities, natural history, arts, etc. and which
may be publicly or privately owned and/or managed.
2N
NON-COMPLYING:
Means an existing use, building or structure which is a
permitted use in the zone in which it is located but which does not comply, or
agree with one or more of the required zone provisions of this By-law.
NON-CONFORMING:
With reference to a use, means an existing use which is
not a permitted use in the zone in which it is located, and with reference to a lot
means a lot having less than the minimum lot area and/or lot frontage required in
the zone in which such lot is located.
NURSING HOME:
Means a building containing multiple rooms with common
access to eating, bathroom, recreation and leisure areas for temporary occupancy
by those requiring nursing or other care and where meals, personal care, nursing
services and medical care and treatment are provided or made available, as
defined under the Nursing Homes Act.
Village of Westport Zoning by-law No. 08-12
Salter-Keane Consulting
Market
Medical Clinic
Merchandise
Service Shop
Modular Dwelling
Motel
Motor Home
Motor Vehicle
Municipality
Museum
Non-Complying
Non-Conforming
Nursing Home
September, 2008
19
SECTION 2: DEFINITIONS
20
OBNOXIOUS USE: Means a use which is offensive by reason of its emission of
odour, smoke, dust, noise, gas, fumes, vibration, or refuse matter, or is a use
which under The Health Protection and Promotion Act or its regulations is likely
to have an adverse affect on the health of any person.
OFFICE: Means a building or part of a building used or intended to be used in
the
performance
and
transaction
of
business
including
professional,
administrative and clerical activities.
OPEN STORAGE AREA:
Means a lot or part of a lot used for the storage of
equipment, goods or materials excluding a parking lot and a salvage yard.
2P
PARK, PRIVATE: Means a recreational area other than a public park.
PARK, PUBLIC:
Means a recreational area consisting largely of open space,
which may include a playground, swimming pool, arena, playfield, or similar
use, owned or controlled by the Corporation, or by any Ministry, Board,
Commission or Authority established under any statute of Ontario or Canada and
includes a community centre as herein defined.
PARKING LOT:
Means an area, building or structure used for the temporary
parking of motor vehicles and includes any related aisles and parking spaces but
shall not include any part of a driveway, street or lane.
This definition may
include a parking garage.
PARKING SPACE: Means a portion of a parking lot or parking garage used for
the temporary parking or storage of a motor vehicle, exclusive of any aisles, or
driveways, which:
I.
in the case of a private garage or carport consists of an area of not less
than 14.3 m2(155 ft2) with a minimum width of 2.6 m (8.5 ft);
2.
in the case of regular or angled parking spaces consists of a minimum
width of 2.75 m (9 ft) and a minimum length of 5.75 m (19 ft), with the
parking space measured at right angles to the angle of parking; and
3.
in the case of parallel parking spaces, consists of a minimum width of
2.75 m (9 ft) and a minimum length of 6.7 m (22 ft).
PERSONAL SERVICE SHOP: (see SERVICE SHOP, PERSONAL)
PLACE OF ENTERTAINMENT:
Means a motion picture or other theatre,
arena, auditorium, public hall, dance hall, or music hall, but does not include a
place of recreation or commercial sports and recreation centre.
Village afWestport Zoning by-law No. 08-12
Salter-Keane Consulting
Obnoxious Use
Office
Open Storage
Area
Private Park
Public Park
Parking Lot
Parking Space
Personal Service
Shop
Place of
Entertainment
September, 2008
20
SECTION 2: DEFINITIONS
PLACE OF RECREATION: Means a lot, building or structure in which various
forms of recreation are provided for a fee, including amusement parks, mini-golf
courses, billiard or pool room, bowling alley, curling rink, ice or roller rink, and
arcades, but does not include any place of entertainment, commercial sports and
recreation centre, public parks or private parks.
PLAY AREA: Means an outdoor area, at or above ground level, developed with
play equipment and suitably surfaced and fenced or otherwise enclosed for the
common recreation of the residents of a dwelling house.
PRINCIPAL: (See MAIN).
PRINT SHOP: Means a retail establishment that provides printing or duplicating
services using photography, blueprint or offset printing equipment.
PRINTING ESTABLISHMENT:
Means an establishment used for prInting,
typesetting, blueprinting, engraving, stereotyping or electro-typing and shall
include such uses as newspaper or book publishing and shall also include a print
shop.
PRIVATE AMENITY AREA:
Means a privacy yard immediately adjacent to
the dwelling unit which serves the household and with access controlled by the
household of the dwelling unit.
PROPANE/COMPRESSED NATURAL GAS TRANSFER AND HANDLING
FACILITY:
I.
Retail propane/compressed natural gas transfer facility means a transfer
facility that is licensed under the provisions of The Energy Act, R.S.O.
1980 C. 139, from which petroleum fuels (propane and compressed
natural gas) may be retailed to the public.
2.
Consumer outlet propane/compressed natural gas transfer facility means
a non-retail transfer facility licensed under The Energy Act, R.S.O. 1980
C.139, where vehicles, appliances and other equipment of the business or
establishment to which the said facility belongs are refueled with
petroleum fuels (propane and compressed natural gas).
3.
Gas cylinder handling facility means a facility licensed under The
Energy Act, R.S.O. 1980 C.139, where bottled gases are handled and
stored in cylinders and where there is no element of transfer.
4.
Bulk propane storage depot means a propane transfer facility that has an
aggregate capacity in excess of7571 litres (2000 U.S. gallons).
PUBLIC AUTHORITY:
Means any School Board, Public Utility Commission,
Transportation Commission, Public Library Board, Board of Parks Management,
Board of Health,
Board of Commissioners of Police,
or other board or
commission or committee of a local authority established or exercising any
power or authority under any general or special Statute of Ontario with respect to
any of the affairs or purposes of a municipality or a portion thereof and includes
any committee or local authority established by By-law of the municipality.
PUBLIC USE:
Means the use of any land, building or structure by a public
authority.
Village o/Westport Zoning by-law No. 08-12
Salter-Keane Consulting
Place of
Recreation
Play Area
Principal
Printing Shop
Printing
Establishment
Private
Amenity Area
Propane/
Compressed
Natural Gas
Transfer and
Handling Facility
Public
Authority
Public Use
September, 2008
21
SECTION 2: DEFINITIONS
PUBLIC UTILITY:
Means the use of any land, building or structure by a
telephone, gas or railway company or similar company for purposes of installing
and maintaining public utilities.
PUMP ISLAND: (See FUEL PUMP ISLAND)
2Q
Reserved for future use.
2R
RECREATIONAL VEHICLE: Means a vehicle designed for use principally for
recreation and includes a travel trailer, tent trailer, motor home, boat, boat trailer,
snowmobile, all terrain vehicle, etc.
RECREATIONAL VEHICLE SALES:
Means a building and/or lot where
recreational vehicles are kept for display and/or sale.
Permitted accessory uses
may include those normally required for performing maintenance and repair
including service centre, service bays, body shop, storage of parts, etc.
RELIGIOUS INSTITUTION:
Means a building or part of a building used for
bible institute, a Christian science reading room, a religious library, a religious
school, a monastery, a convent, a religious retreat or simi lar use but shall not
include a church.
REPAIR SHOP: (See SERVICE SHOP, REPAIR)
RESTAURANT:
Means a building or part of a building where food is offered
for sale to the public for consumption on or off the premises and includes
restaurants, cafes, cafeterias, ice cream parlours, tea or lunch rooms, dairy bars,
coffee shops, snack bars and which may be licensed by The Liquor Board. This
definition does not include a take-out restaurant, although a take-out counter
within a restaurant is permitted.
RESTAURANT, TAKE-OUT:
Means a building or structure where food is
offered for sale to the public solely for consumption off the premises.
RETAIL STORE: Means a building or part of a building in which goods, wares,
merchandise, substances, articles or things are kept and offered for sale directly
to the general public, but does not include any establishment otherwise defined
herein. A retail store shall also include minor fabricating, processing, assembling
and/or manufacturing operations where customers and/or employees produce a
finished product from the goods, wares, merchandise, substances or things which
are sold on the premises and without limiting the generality of the foregoing
includes such uses as picture framing, wine and beer making, and arts and crafts.
A retail store also includes the sale of used goods, wares, merchandise,
substances, articles or things and without limiting the generality of the foregoing
includes such uses as an antique store and market.
RETIRMENT RESIDENCE:
means a premise where lodging is provided
primarily for retired persons and may include common facilities for eating,
recreation and other such activities and may also include limited medical care.
Village 0/Westport Zoning by-law No. 08- J2
Salter-Keane Consulting
Public Utility
Pump Island
Recreational
Vehicle
Recreational
Vehicle Sales
Religious
Institution
Repair Shop
Restaurant
Take-Out
Restaurant
Retail Store
Retirement Residence
September, 2008
22
SECTION 2: DEFINITIONS
RIGHT-OFWAY: (See STREET)
RIGHT-OF-WAY, PRIVATE:
Means land which is owned by other than a
public authority over which right-of-way has been granted to others for access
purposes.
ROAD: (See STREET)
ROW HOUSE DWELLING: (See DWELLING, TOWNHOUSE)
28
SAMPLE AND SHOWROOM: Means a building or part of a building used for
the display of samples, patterns or other goods for viewing by the consumer and
where purchase orders are taken, provided that articles from the display are not
taken from the premises.
SCHOOL:
Means a school under the jurisdiction of a Board as defined in the
Department of Education Act.
SCHOOL, COMMERCIAL:
Means a school conducted for hire or gain, other
than a private, academic, religious or philanthropic school, and includes the
studio of a dancing teacher or a music teacher, an art school or golf school, a
school of calisthenics, a business or trade school and any other such specialized
school conducted for hire or gain.
SCREENING: Means the use of landscaping, walls, fences, hedges and/or other
ornamental fixtures to shield the view from one lot to another.
Right-of-way
Private
Right-of-way
Road
Row House
Dwelling
Sample and
Showroom
School
Commercial School
Screening
SEMI-DETACHED
DWELLING:
DETACHED)
(See
DWELLING
HOUSE,
SEMI-
Semi-Detached
Dwelling
SERVICE, BUSINESS: Means a building or part of a building used primarily to
provide goods or services to other businesses and, without limiting the generality
of the foregoing, includes such uses as courier, equipment and supply, data
processing, research, training, rental and similar uses not otherwise defined
herein.
SERVICE SHOP, REPAIR:
Means a building or part of a building wherein
articles, goods or materials such as appliances, furniture, office equipment or
similar items may be repaired or serviced. This definition shall not include any
manufacturing operation, building or structure used for the service or repair of
vehicles, or a custom workshop.
SERVICE SHOP, PERSONAL: Means a building or part of a building wherein
a personal service is provided.
This definition may include a barber shop, a
beauty salon, a dressmaking shop, a shoe repair shop, a tailor shop, an artist's or
photographic studio or similar use.
SERVICE STATION: (See AUTOMOBILE SERVICE STATION)
Village ofWestport Zoning by-law No. 08-12
Salter-Keane Consulting
Business Service
Repair Service
Shop
Personal Service
Shop
Service Station
September, 2008
?"
-j
SECTION 2: DEFINITIONS
SETBACK:
The least horizontal dimension between the centreline of a street
allowance or right-of-way, measured at right angles to such centreline, and the
nearest part of any excavation, building or structure on the lot, or the nearest
open storage use on the lot.
SIGHT TRIANGLE:
Means the triangular space formed by intersecting street
lines and a line drawn from a point in one street line to a point on the other street
line, each such point being 7.5 m (25 ft) from the point of intersection of the
street lines measured along the street lines.
Where the 2 street lines do not
intersect at a point, the point of intersection of the street Iines shall be deemed to
be the intersection of the projection of the street lines or the intersection of the
tangents to the street lines.
SINGLE-DETACHED
DWELLING
(See
DWELLING
HOUSE,
SINGLE
DETACHED)
STOREY:
Means that portion of a building between any floor and the floor.
ceiling or roof next above, provided that any portion of a building partly below
grade level shall not be deemed a storey unless its cei ling is at least 2 m above
grade.
Provided also that any portion of a storey exceeding 4.5 m (15 ft) in
height shall be deemed an additional storey for each 4.5 m (15 ft) or fraction
thereof of such excess.
STOREY, HALF:
Means the portion of a building located wholly or partly
within a sloping roof, having a floor area of not less than one-half or more than
two-thirds of the floor area of the storey next below, sidewalls not less than I m
in height and a ceiling with a minimum height of 2.5 m (8 ft) over an area equal
to at least 50 percent of its floor area.
STREET, OPEN PUBLIC: Means an opened and maintained thoroughfare under
the jurisdiction of the Corporation, the County, the Province of Ontario, or the
government of Canada.
This definition includes highways, roads, right-of-ways
and road allowances, but excludes a lane and a private right-of-way.
STREET, UNOPENED PUBLIC:
Means a street which has not been assumed
by the Corporation as an open thoroughfare.
STREET, PRIVATE:
Means a street, not otherwise defined herein, which is
described on a plan of subdivision or on a plan of condominium which is not
under the jurisdiction of the Corporation, but which has been approved by the
Municipality.
STREET LINE:
Means the limit of the street allowance and is the dividing line
between a lot and a street.
STRUCTURE:
Means anything constructed or erected either permanent or
temporary, the use of which requires location on the ground or attachment to
something having location on the ground.
For the purposes of this By-law, a
fence not exceeding 2 m (6.5 ft) in height shall be deemed not to be a structure.
SWIMMING POOL, PRIVATE: Means any body of water, permanently located
outdoors on privately owned property, contained by artificial means, and used
and maintained for the purpose of swimming, wading, diving or bathing.
Village o[Westport Zoning by-law No. 08-12
Salter-Keane Consulting
Setback
Sight Triangle
Single-Detached
Dwelling
Storey
Half Storey
Open
Public Street
Unopened
Public Street
Private Street
Street Line
Structure
Private Swimming
Pool
September. 2008
24
SECTION 2: DEFINITIONS
2T
TAXI STAnON:
Means a building or structure or a part thereof used in whole
or in part to dispatch taxis and includes land used to store vehicles used for the
taxi business.
TOURIST CAMPGROUND:
Means a lot which is used to provide temporary
accommodation for the public, or members of an organization in tents, or
recreational vehicles, or in tourist trailers, whether or not a fee is charged or paid
for such accommodation, including accessory uses such as recreation and leisure
areas, restaurant, convenience store, souvenir shop, etc.
TOURIST ESTABLISHMENT:
Means a building or buildings which are used
to accommodate the traveling public for gain or profit by supplying them with
sleeping accommodation with or without meals, and shall include a tourist guest
house, tourist cabins, a motel, and a hotel. Accessory uses such as recreation and
leisure areas, restaurant, convenience store, souvenir shop, etc are included in
this definition. A resort and/or all buildings operating under the Act respecting
Tourist Establishment 1959 and the Act respecting the regulations of Tourist
Camps, 1946 are also included in this definition.
TOURIST GUEST HOUSE:
Means a single detached dwelling and/or an
accessory building to a single detached dwelling in which more than two guest
rooms are used to accommodate the traveling public for gain or profit and may
include the provision of meals to the guest room occupants.
TOURIST TRAILER:
A trailer which is used or intended to be used for short
term or seasonal occupancy and is or is intended to be located or parked on a site
for a temporary or seasonal period.
TOWNHOUSE DWELLING: (See DWELLING HOUSE, TOWNHOUSE)
TRANSPORTATION TERMINAL:
Means a lot, building or structure where
trucks or tractor trailers are kept for hire, rent or lease, are stored or parked for
remuneration, or from which trucks or tractor trailers are dispatched for hire as
common carriers and includes buildings or structures used for storage or
distribution of goods, wares and merchandise.
2U
UNDERTAKER'S ESTABLISHMENT: (See FUNERAL HOME)
USE: Means the purpose for which any land, building, structure or combination
thereof is designed, arranged, occupied, or maintained.
USE, ACCESSORY: Means a use customarily incidental and subordinate to the
main use or main building and located on the same lot with such main use or
main building.
Village of Westport Zoning by-law No. 08-12
Salter-Keane Cansu lting
Taxi Station
Tourist
Campground
Tourist
Establishment
Tourist Guest
House
Tourist
Trailer
Townhouse
Dwelling
Transportation
Terminal
Undertaker's
Establishment
Use
Accessory Use
September, 2008
25
SECTION 2: DEFINITIONS
2V
VEHICLE: (See MOTOR VEHICLE)
VETERINARY CLINIC: (See ANIMAL CLINIC)
2W
WAREHOUSE:
Means a building or portion of a building used for the bulk
storage of goods, wares, merchandise, or materials and includes accessory office
space, but does not include bulk storage.
WASTE DISPOSAL: Means either:
1.
a municipal solid waste disposal facility which is owned and operated by
the Village and which is operated under a Certificate of Approval from
the Ministry of the Environment wherein non-hazardous household,
commercial and industrial wastes are disposed, and includes related
recycling and composting operations; or,
2.
a sanitary sewage treatment facility, including a treatment plant and/or
lagoon(s), which is owned and operated by a municipality or is owned and
operated under contract to a municipality, and which is operated under a
Certificate of Approval from the Ministry of the Environment, but does
not include a private communal sewage disposal system which is operated
under a responsibility agreement with the Village or a private sewage
disposal system.
WASTE
RECYCLING
Means
the
storage,
separation,
processing
and/or
packaging of non-hazardous solid waste products for shipment to another
location for re-use. Waste Recycling shall require a Certificate of Approval from
the Ministry of the Environment.
WATERBODY:
Means any bay, lake, river, canal as well as any flood plain
associated with the waterbody, but excluding a drainage or irrigation channel and
any other watercourse.
WATERCOURSE:
Means a natural drainage channel that contains
water either permanently or intermittently, including creeks and streams
WATER FRONTAGE:
Means the straight line horizontal distance between the
two most widely separated points on anyone shoreline of a lot.
WATERBODY SETBACK: Means the straight line horizontal distance from the
high water mark of a waterbody to the nearest part of any excavation, building,
structure or open storage use on the lot.
WHOLESALE OUTLET: Means a building or portion of a building used for the
bulk storage and sale of quantities of goods, commodities, wares, merchandise,
or materials for resale or business use.
Village of Westport Zoning by-law No. 08-12
Salter-Keane Consulting
Vehicle
Veterinary Clinic
Warehouse
Waste Disposal
Waste Recycling
Waterbody
Watercourse
Water Frontage
Waterbody
Setback
Wholesale
Outlet
September, 2008
26
SECTION 2: DEFINITIONS
2X
Reserved for future use.
2Y
YARD:
Means a space, appurtenant to a building or structure, located on the
same lot as the building or structure, and which space is open, uncovered and
unoccupied from the ground to the sky except for such buildings, accessory use
or structures as are specifically permitted elsewhere in this By-law.
YARD, REQUIRED:
Means the minimum yard required by the provisions of
this By-law.
YARD, FRONT:
Means the space extending across the full width of a lot
between the front lot line and the nearest part of any main wall of any building or
structure on the lot.
YARD, REAR: Means the space extending across the full width of a lot between
the rear lot and the nearest part of any rear wall of any main building or structure
on the lot. In the case of a lot which has no rear lot line, the rear yard shall be the
area between the point where the side lot lines meet and the nearest part of any
wall of any main building or structure on the lot.
YARD, SIDE:
Means the space extending from the front yard to the rear yard
and from the side lot line to the nearest part of any side wall of any main building
or structure on the lot.
YARD, EXTERIOR SIDE:
means a side yard immediately adjacent to a public
street.
YARD, INTERIOR SIDE: Means a side yard other than an exterior yard.
2Z
ZONE: Means a designated area of land shown on Schedule A to this By-law to
which certain provisions and restrictions apply.
Village of Westport Zoning by-law No. 08-12
Salter-Keane Consulting
Yard
Required Yard
Front Yard
Rear Yard
Side Yard
Exterior
Side Yard
Interior Side Yard
Zone
September, 2008
27
SECTION 3: GENERAL PROVISIONS
GENERAL PROVISIONS
3.1 Accessory Apartments
One accessory apartment dwelling, as herein defined, shall be a permitted use within all single detached
dwelling houses, other than accessory single detached dwelling houses, provided that written approval of
any individual sewage disposal facility is obtained from the Ministry of Environment or its agent.
3.2 Accessory Uses
3.2.1
General
Where this By-law provides that a lot may be used or a building or structure may be erected or
used for a purpose, that purpose shall include any accessory building, structure or use but shall
not include:
I.
any occupation for gain or profit except as specifically permitted in this By-law; or
2.
any building used for human habitation except as specifically permitted in this By-law.
3.2.2
Location
Accessory buildings and structures shall be permitted in any zone.
Except as otherwise
prohibited in Section 3.6, accessory buildings and structures shall not:
1.
be built closer to the front lot line or exterior side lot line than the minimum distance
required by this By-law for the main building on the lot, except as otherwise required in
subsection 3.2.2.2 below;
2.
be built closer to a street line than the main building or closer than
J5 m (50 £1) to the
street line, whichever is the lesser, where the main building is set back more than the
minimum distance required by this By-law;
3.
be built closer than 1.5 m (5 £1) to any interior side or rear lot line in the case of a building
or structure accessory to a residential use and closer than 3 m (10 £1) to any interior side
or rear lot line in the case of all other accessory buildings or structures, except that:
1.
common semi-detached garages may be centered on the mutual side lot line, and
2.
an accessory building may be located not less than 0.5 m (1.5 £1) from a public
lane; and,
4.
marine facilities may be built to the lot line when such line corresponds to the water's
edge.
3.2.3
Height
Accessory buildings or structures shall not exceed 5 m (16 £1) in height.
3.2.4
Lot Coverage
1.
In the case of a building or structure accessory to a residential use, the lot coverage shall
not exceed 10% of the lot area or 140m2 (l ,500 £12), whichever is the lesser, and shall be
Village of Westport Zoning by-law No. 08-12
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SECTION 3: GENERAL PROVISIONS
included in the calculation of the total lot coverage permitted in the zone in which the
residential use is located.
2.
In the case of all other uses, the total lot coverage of all accessory buildings or structures
shall not exceed] 0% ofthe lot area.
3.2.5
Separation
No accessory building or structure shall be located closer than 2 m (6.5 ft) to the main building.
3.2.6
Private Swimming Pools
Swimming pools are regulated under a separate By-law ofthe Municipality
3.3 Automobile Service Stations, Gas Bars, Etc.
Where automobile service stations, gas bars and retail propane/compressed natural gas transfer
facilities are permitted in this By-law, the following provisions shall apply:
I.
The minimum lot frontage shall be 45 m (150 ft);
2.
The minimum yard requirements for the main building shall be as follows:
I.
2.
3.
4.
front yard depth
exterior side yard width
interior side yard width
rear yard depth
15 m (50 ft)
]5 m (50 ft)
7.5 m (25 ft)
7.5 m (25 ft)
3.
The minimum distance between any portion of a fuel pump island and any front or
exterior side lot line shall be 7.5 m (25 ft).
4.
The distance between any portion of a fuel pump island and any rear or interior side lot
line shall be 4.5 m (] 6 ft).
5.
Where the lot is a corner lot, no portion of any pump island shall be located closer than 3
m (IO ft) to a straight line between a point in the front lot line and a point in the exterior
side lot line, each such point being] 5 m (50 ft) distant from the intersection of such lines.
6.
The minimum distance between a driveway and the intersection of street lines, measured
along the street line shall be 4.5 m (16 ft).
7.
The minimum interior angle of intersection between a driveway and a street line shall be
45 degrees and the maximum interior angle between a driveway and a street line shall be
90 degrees
3.4 Bed and Breakfast
A bed and breakfast, as herein defined, shall be a permitted use within any single detached
dwelling house that is permitted as a principal use within the zone in which it is located.
Village of Westport Zoning by-law No. 08-12
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SECTION 3: GENERAL PROVISIONS
3.5 Buildings to be Moved
No building or structure shall be moved within the limits of the Village or shall be moved from
outside the Village into the Village unless the building or structure is a permitted use and
conforms to all the requirements of the zone in which it is to be located, and then only after a
permit has been obtained from the Chief Building Official.
3.6 Non-Conforming/Complying Uses and Exceptions
3.6.1
Conformity and Compliance
1.
Save as otherwise provided in this By-law, no land, building or structure shall be used for
any purpose, and no building or structure shall be erected or altered for any purpose
except as hereafter stated in this By-law and in compliance with all of the applicable
provisions ofthis By-law.
2.
No person shall change the purpose for which any lot, building or structure is used, or
erect any new building or structure or an addition to any existing building or structure, or
sever any lands from any existing lot if the effect of such action is to cause the original,
adjoining, remaining or new use, building or structure or lot to be in contravention ofthis
By-law.
3.
Nothing in this By-law shall apply to exempt any person from complying with the
requirements of any other By-law in force within the Municipality, or from obtaining any
license, permission, consent, permit, authority or approval required by this or any other
By-law ofthe Municipality or by any other Federal, Provincial or Municipal Law in force
at the time ofthe passing ofthis By-law.
4.
This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed
by a governmental authority having jurisdiction to make such restrictions.
5.
Notwithstanding anything in this By-law, no person shall reduce any lot in area or
frontage, either by conveyance or other alienation of title of any portion thereof so as to
contravene any of the provisions of this By-law. However, no person shall be deemed to
have contravened any provision of this By-law by reason of the fact that any part or parts
of any lot has or have been conveyed to or acquired by any Public Authority.
3.6.2
Non-Conforming and Non-Complying Uses
1.
Continuation of Non-Conforming Uses
The provision of this By-law shall not apply to prevent the use of any lot, building or
structure for any purpose prohibited by this By-law if such lot, building or structure was
lawfully used for such purpose prior to the adoption of this By-law, so long as it
continues to be used for that purpose.
2.
Change of Non-Conforming Uses
A use of a lot, building or structure which, under the provisions hereof, is not permitted
within the zone in which such lot, building or structure is located, shall not be changed
except to a use which is permitted within such zone or to a use which is authorized by the
Village ofWestport Zoning by-law No. 08-12
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SECTION 3: GENERAL PROVISIONS
Committee of Adjustment pursuant to its powers under the Planning Act. RSO 1990, as
amended.
3.
Termination of Non-Conforming Uses
A non-conforming use shall be considered to be terminated once the use ceases and the
property is used for a permitted use, or where a lot, building or structure housing a non-
conforming use remains vacant for a period of one year.
4.
Repair and Replacement ofNon-Conforming and Non-Complying Uses
Nothing in this By-law shall prevent the repair, or the replacement, in whole or in part, or
the strengthening to a safe condition, of any building or structure, or part of such building
or structure, which is non-conforming or non-complying with respect to the provisions of
this By-law, provided such alteration or repair does not increase the height, size or
volume or change the use of such building or structure.
5.
Removal of Second Dwelling Units
Where an existing building or structure is to be altered, enlarged or renovated for use as a
single detached dwelling, or where an existing building or structure is to be demolished
and replaced by a single detached dwelling, any existing second dwelling or dwelling unit
located on the lot, whether a guest cabin, guest quarters in an accessory building,
apartment in the main building or similar second dwelling unit, shall be removed,
demolished or rendered uninhabitable as a dwelling unit.
6.
Permitted Extensions to Non-Complying Uses
Except as provided for in Section 3.6.5, nothing in this By-law shall prevent an extension
or an addition being made to a use, building or structure which existed at the date of
passing of this By-law and which is a permitted use in the zone in which it is located-, but
which does not comply with one or more of the zone provisions of this By-law, provided
such extension or addition does not contravene any ofthe provisions ofthis By-law.
3.6.3
Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use of any building or
structure for a purpose prohibited by this By-law, the plans for which have been approved by the
Chief Building Official prior to the date of the passing of this By-law, so long as the building or
structure when erected is used and continues to be used for the purpose for which it was erected
and provided the erection of such building or structure is commenced within two years after the
date ofthe passing of this By-law, and such building or structure is completed within a reasonable
time after the erection thereof is commenced.
3.6.4
Lots in More than One Zone
Where a lot is divided into more than one zone, each portion of the lot shall be used in
accordance with the provisions of this By-law for the zone where such portion ofthe lot is
located.
Village ofWestport Zoning by-law No. 08-12
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SECTION 3: GENERAL PROVISIONS
3.6.5
Lots Having Less Area and/or Frontage
Where, on the date of passing of this By-law, an eXlstmg lot has less than the minimum lot
frontage, water frontage and/or lot area required by this By-law for the zone in which such lot is
located, or is increased in lot frontage, water frontage and/or lot area but is sti II undersized, such
non-complying lot may be used and a building or structure may be erected, altered or used for a
purpose permitted in the zone in which it is located on the date of the passing of this By-law
without the requirement to obtain rei ief from the appl icable Jot frontage, water frontage and/or lot
area provisions of this By-law. This provision shall not be construed as granting relief from any
other provisions of this By-law.
3.6.6
Construction Uses
I.
A building or structure, incidental to construction on the Jot where such building or
structure is situated such as a construction camp or other such temporary work camp, tool
shed, scaffold or other similar building or structure shall be permitted in all zones for as
long as it is necessary for the construction in progress to be completed or abandoned, but
only while a valid building permit for such construction remains in force.
2.
Abandoned in this subsection shall mean the failure to proceed expeditiously with the
construction work or the failure to undertake any construction work during a continuous
12-month period.
3.6.7
Yard, Setback and Height Encroachments Permitted
The following yard, setback and height encroachments shall
be permitted provided such
encroachments do not encroach on any required parking or sight triangles.
1.
Ornamental Structures
Notwithstanding the yard provisions of this By-law to the contrary, sills, belt courses,
chimneys, eaves, gutters, parapets, pilasters or other ornamental structures may project
into any required yard a maximum distance of 0.5 m (2 £1).
2.
Window Bays
Notwithstanding the yard prOVIsions of this By-law to the contrary, a window bay,
excluding eaves and cornices, may project into any required yard a maximum distance of
1 m (3 £1), provided the bay window does not exceed a maximum width of 3 m (10 £1).
3.
Accessory Structures
Notwithstanding the yard provisions of this By-law to the contrary, drop awnings, flag
poles, garden trellises, fences, retaining walls, signs or similar accessory structures shall
be permitted in any required yard.
4.
Unenclosed Porches, Balconies, and Steps
Notwithstanding the yard provisions of this By-law to the contrary, unenclosed porches,
balconies, and steps, whether covered or uncovered, may project into any required yard a
maximum distance of 2.5 m (8 £1) but not closer than 2.5 m (8 £1) to an interior lot line,
provided they do not exceed a maximum width of 3 m (10 £1), and provided that they do
Village o[Westport Zoning by-law No. 08-/2
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SECTION 3: GENERAL PROVISIONS
not encroach on the required setback from a waterbody.
In the case of encroaching
porches and steps, such structures shall not be more than 1 m (3 ft) above grade.
5.
Terraces, Decks and Patios
Except as otherwise permitted under Section 3.27.2, uncovered terraces, decks or patios
may extend into any yard but not closer than 2.5 m (8 ft) to an interior side lot line,
provided that they do not encroach on the required setback from a waterbody. In the case
of encroaching terraces and patios such structures shall not be more than 1 m (3 ft) abovc
grade.
6.
Fire Escapes
Notwithstanding the yard proVIsIons of this By-law to the contrary, unenclosed fire
escapes, in which the stair steps and floors are latticed in such a manner that the
proportions of voids to solids is not less than two to one and in which guards consist only
of hand rails and the structural members necessary to their support, may project into any
required side or rear yard a maximum distance of 1 m (3 ft) but not closer than 2.5 m (8
ft) to an interior side lot line.
7.
Building Setback in Built-Up Area
Notwithstanding anything else in this By-law, in any Residential Zone, structures built
between existing buildings or adjacent to existing buildings which are located on the
same block and which are separated by no more than 120 m (400 ft) may be built with a
setback equal to the average setback of the adjacent buildings, but this depth need be no
greater than the front yard and setback regulations prescribed in the zone in which it is
situated. Notwithstanding the foregoing, the front yard shall not bc less than 3 m (10 ft)
for interior lots and 3.5 m (11.5 ft) for corner lots, provided that the driveway which
provides access to the required parking spacc(s) is at least 6 m (20 ft) in length, and
provided further that there is no encroachment on the required setback from a waterbody.
8.
Height Exceptions
Notwithstanding the height provisions of this By-law to the contrary, nothing in this By-
law shall apply to prevent the erection and/or use of an elevator housing, a roof stairway,
a water tank, a skylight, a steeple or church spire, a silo, a belfry, a flag pole, a clock
tower, a chimney or smokestack, a radio or television tower or antenna, a satellite dish, a
ventilation fan housing, a firewall or a parapet wall, or a roof sign.
9.
Satellite Dishes
No satellite dish shall be located in any required yard.
3.6.8
Lane as Yards
Where the rear lot line of a lot adjoins any portion of a lane, one-half of the width of that portion
of such lane may be considered part of the lot for the purpose of computing the area of the lot and
for the purpose of computing the depth of any rear yard required under this By-law, provided that
the depth of any required rear yard shall not be less than 6 m (20 ft), exclusive ofthe lane.
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SECTION 3: GENERAL PROVISIONS
3.7 Dangerous Substances
Pursuant to the Health Protection and Promotion Act or regulations thereunder, no use shall be
permitted which, from its nature or the materials used therein, is declared to be a noxious trade,
business or manufacture.
3.8 Day Nurseries
Licensed day nurseries shall be permitted in all Residential Zones and in all Commercial Zones,
in accordance with the following provisions:
Full Municipal Services
l.
lot area (minimum)
540m
L (5800 fe)
2.
lot frontage (minimum)
18m (60 ft)
3.
front yard depth (minimum)
6 m (20 ft)
4.
exterior side yard width (minimum)
6 m (20 ft)
--
5.
interior side yard width (minimum)
3 m(lOft)
6.
rear yard depth (minimum)
6 m (20 ft)
7.
landscaped open space (minimum)
40%
8.
building height (maximum)
11 m (35 ft)
9.
accessory uses, parking, waterbody
in accordance with Section 3
setback, etc.
3.9 Dwelling Units Below Grade
No dwelling unit, in its entirety, shall be located in a cellar.
However, a portion of a dwelling
unit may be located in a cellar.
A dwelling unit, in its entirety, may be located in a basement, provided that the finished floor
level of such basement is located above the level of the sanitary and storm sewer servicing
systems of the building in which such basement is located or provided that the dwelling unit is
serviced by appropriate sewer pumping facilities.
3.10
Frontage on an Opened Street
No building or structure shall be erected in any zone unless the lot on which such building or
structure is located has frontage on an opened public street as herein defined.
This provision shall not apply to:
I.
a lot on a registered plan of subdivision where an agreement between the owner and the
Corporation,
which
includes
provisions
for
the
construction
of the
streets
in
the
subdivision, is registered in the Registry Office or the Land Titles Office; or,
2.
to conservation, forestry and general agricultural provided that there is no permanent
dwelling on the lot.
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SECTION 3: GENERAL PROVISIONS
3.11
Frontage on More Than One Street
Where a lot fronts on more than one street and is not a corner lot, the requirements for front yards
contained in this By-law shall apply to each yard abutting the street in accordance with the
provisions of the zone or zones in which such lot is located.
3.12
Garden Suite
Subject to the passing ofa Site Specific Temporary Use By-law under Section 39 of the Planning
Act, one Garden Suite shall be permitted as a separate dwelling unit to a permitted main
residential use on the same lot, provided that the minimum lot area is 450 m
1
, that the maximum
gross floor area is 60 m1, that the maximum height of the Garden Suite is 6 metres, that the
Garden Suite is located in a rear yard and meets the minimum yard and lot coverage requirements
set out in the corresponding zone and is setback a minimum of 3 metres from any rear or interior
side lot line.
A Garden Suite shall only be permitted where the owner of the property has entered into an
agreement with the municipality under the Municipal Act to register the name(s) of the
occupant(s), to govern the appearance and maintenance of the structure and its removal when the
dwelling has been vacated, the occupant(s) die or the temporary use By-law expires, whichever is
applicable.
3.13
Group Homes
Type A Group Homes shall be a permitted use in all zones in which a single detached dwelling is
permitted as a principal use, in accordance with the following provisions.
1.
A Group Home shall be located a minimum of 500 m (1500 ft) from another Group
Home, such distance to be measured from the closest point of the two properties at the
property line.
2.
The number of Group Homes permitted shall not exceed 1 per 1,000 permanent resident
population.
3.
A Group Home shall not be permitted in accessory single detached dwelling houses or in
accessory dwelling units.
4.
A Group Home may be permitted in single-detached dwellings and in both units of semi-
detached dwellings and duplex dwellings, provided that both units are occupied by one
group home operation and that the total number of residents (excluding staff or receiving
family) in both units does not exceed ten.
3.14
Holding Zones
1.
Any parcel or area of land in any zone of this By-law may be further classified as a
holding zone with the addition of the suffix "h".
The intent is to signify Council's
approval in principle to future development of the land for the purposes indicated by the
zone symbol.
The holding classification added to a given zone symbol shall restrict
development of the land until such time as the demand for the development of the land is
sufficient to warrant immediate development.
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SECTION 3: GENERAL PROVISIONS
2.
Where a holding zone applies, no lands shall be used and no buildings or structures shall
be erected or used for any purpose other than uses existing on the date of passing of this
By-law. Any change from the holding status shall require an amendment to this By-law
and Council may require that the applicant enter into an agreement for the development
ofthe land prior to the amendment being approved.
3.
Holding Zone Provisions
3.15
Home Occupations
3.15.]
A home occupation, as herein defined, shall be permitted as an accessory use in any dwelling,
unless specifically listed below as a prohibited use in, in accordance with the following
provisions.
1.
Residential Character
The home occupation use(s) shall not cause any individual or cumulative effects that
change the residential character of the main residential use. The use(s) shall not
].
be visible or apparent from adjacent properties, other than permitted signage if
any;
2.
cause a nuisance or annoyance or loss of enjoyment to neighbours; or,
3.
cause a significant increase in traffic on streets serving the dwelling.
2.
Compatibility
The home occupation use(s) shall not generate noise, vibration, fumes, dust, effluent,
odour, glare, magnetic fields or radiation, which is evident outside of the dwelling unit or
which
exceeds
limits established
by
existing By-laws and
Provincial
or Federal
legislation or policy.
3.
Size
The amount of floor area deemed separate and exclusively dedicated for the home
occupation use(s) shall not exceed 33% of the total gross leasable floor area of the
dwelling unit, or 46 m2 (500 ft\ whichever is the lesser.
4.
Location
1.
The floor area permitted for home occupation use(s) may be located
111 any
portion ofthe dwelling unit.
2.
Not more than 15 m (50 ft) of the floor area may be located in a private garage or
in an accessory building,
provided these structures comply with all other
provisions of this By-law.
5.
Employees
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SECTION 3: GENERAL PROVISIONS
The home occupation use(s) may have, in addition to the residents of the dwelling unit,
no more than 2 employee(s) at a time working on the premises, provided that if the
employees require parking, it shall be provided on the lot.
6.
Exterior Effects
The home occupation use(s) shall be entirely enclosed within the dwelling unit or
accessory building(s). Goods or materials associated with the home occupation use(s)
may be stored or displayed only within the floor area of the dwelling unit and/or
accessory building permitted for home occupation uses and shall not be visible from
adjacent properties.
7.
Radio, Television and Satellite
The home occupation usees) shall not interfere with telephone, television, radio, or
satellite reception.
8.
Health/LifelFire Safety Hazard
The home occupation use(s) shall not be deemed to present a health, life and/or fire safety
hazard, as regulated by the Ontario Building Code, the National Fire Code, the Ministry
of Environment and Energy of Ontario, or the Ontario Ministry of Health, or other
provincial or federal legislation.
9.
Water and Sewer Services
Any proposed home occupation use(s) which places demands On water and sewage
disposal services that could possibly exceed normal domestic requirements, whether such
services are public or private, will require approval from the government agency which
provides or regulates the service.
10.
Retail Sales and Rental
The home occupation use(s) shall only permit rental or retail sales at the dwelling unit of
merchandise that is:
1.
produced, assembled, repaired, or otherwise has value added to, within the
dwelling unit or its accessory building(s); or
2.
associated with a service being provided as part of the home occupation use(s).
1] .
Distribution Sales
The home occupation use(s) shall permit the business of transacting a sale where the
customer contacts the business to place an order to purchase merchandise, and the
merchandise is either picked up by the customer or delivered from the business or from
another location to the customer.
12.
Instruction or Education
The home occupation use(s) may involve instructional or educational activity,
III
accordance with the following provisions.
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SECTION 3: GENERAL PROVISIONS
I.
The activity shall be limited to a maximum of 3 students at a time per dwelling
unit, or if the activity requires that there be 4 or more students this may be
permitted provided that all requirements of fire, health and life safety havc been
met through a building permit application, if required.
2.
The teaching of music, dance, or other physical activity that is likely to create
noise or vibration shall be permitted only within fully detached dwellings or in
multiple attached dwellings where it can be ensured that noise or vibration will
not be detectable to the occupants of adjacent dwelling units.
13.
Delivery Vehicles
The home occupation use(s) may have any commodities sold or services rendered that
require receipt or delivery of merchandise, goods, or equipment only by modes typically
involved in residential deliveries.
14.
Specifically Prohibited Uses
The following uses do not fall within the definition of home occupation uses:
I.
a use which does not comply with anyone of the preceding provisions;
2.
a use which has not received a license under any other municipal by-law, as
required;
3.
animal care;
4.
licensed day nursery;
5.
dry cleaning distribution station;
6.
home for the aged or nursing home;
7.
laundromat;
8.
restaurant of any type;
9.
retail store;
10.
sales or service of motorized vehicles, machinery or equipment;
II.
Commercial yard sale; or
12.
sales or installation of automotive and audio parts and products.
3.15.2. A home industry, as herein defined, shall bc permitted as an accessory use in any dwelling which
is permitted as a principal use in any zone as shown on Schedule A, in accordance with the
following provisions.
1.
The provisions of Section 3.15.] shall apply, except as provided below.
2.
A home industry shall also be permitted within an accessory building or structure and
shall occupy an area of not more than 100 m2(1,076 ft2) of the building or structure.
3.
A home industry may includc accessory open uses and storage provided such open uses
and storage are limited to 200 m2 (2,153 ft2) and provided such open uses and storage are
not located within any of the required yards of the zone in which such home industry is
located.
4.
A home industry shall only be permitted on lots having a minimum lot area of 1 ha (2.5
ac).
5.
In addition to the permitted uses in Section 3.] 5.1, a home industry also includes a
business which is accessory to an agricultural use and may include the servicing and
repair of farm equipment, the grading of produce or similar activities.
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SECTION 3: GENERAL PROVISIONS
3.16
Illumination
I.
Lighting fixtures, designed to illuminate wharves and other waterfront facilities, which re
not public uses, shall be installed with the light directed downward or away from the
water.
2.
Lawn lamps may be located at the edge of any driveway or laneway and shall be located
so as not to interfere with night time traffic movement.
3.
All lighting fixtures, other than those specified above, which are designed for exterior
illumination and which are not public uses, shall be installed with the light directed and
deflected away from adjacent lots and streets.
Such lighting fixtures shall not be more
than 9 m (30 ft) above finished grade and no closer than 4.5 m (16 ft) to any street line.
3.17
Landscaped Open Space
3.17. I. Requirements
I.
Where any lot in a commercial or industrial zone abuts a lot in another zone or where any
lot is used for institutional purposes, a continuous strip of landscaped open space having
a minimum width of 3 m (lOft) shall be provided along the abutting lot line.
2.
In any yard in a non-residential zone, where the required parking abuts a lot in a
residential zone, then a continuous strip of landscaped open space a minimum width of 3
m (lOft) shall be provided along the abutting lot line.
3.
In any zone where the required parking abuts a street, then a strip of landscaped open
space a minimum width of 1.5 m (5 ft) shall be provided along the lot line abutting the
street and the landscaped strip shall be continuous except for aisles and driveways
required for access to the parking area.
4.
Any portion of any front yard which is not used for any other purpose permitted in this
By-law shall be devoted to landscaped open space.
3.17.2. Driveways or Walks
In all cases where driveways or walks extend through the landscaped open space, it is permitted
to interrupt the strip within 3 m (lOft) of the edge of such driveway or within 1.5 m (5 ft) of the
edge of such walk.
3.17.3. Accessory Uses
No accessory use shall be permitted to locate within the required landscaped open space.
3.18
Loading Space Regulations
The owner or occupant of any lot, building or structure erected or used for any purpose involving
the receiving, shipping, loading or unloading of animals, goods, wares and merchandise and raw
materials shall provide and maintain at the premises, on the lot occupied by the building or
structure and not forming part of a street or lane, within the zone in which such use is located.
loading or unloading facilities comprising one or more loading or unloading spaces 9 m (30 ft)
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SECTION 3: GENERAL PROVISIO~S
long. 3 m (10ft) wide, and having a vertical clearance of at least 4 m and in accordance with the
following:
3.18.1
Number of Spaces Required
TOTAL FLOOR AREA OF
NUMBER OF LOADING SPACES
BUILDING OR STRUCTURE
REQUIRED
280 mL(3,000 ft~) or less
0
Exceeding 280 m2 (3,000 ftL) but
1
not 2,300 m2(24,750 ft2)
Exceeding 2,300 m- (24,750 ft2)
I plus 1 additional space for each
additional 2,300 m2(24,750 ft2) or part
thereof
provided, however, that in addition to the above number of loading spaces,
adequate space shall be provided for the parking of vehicles awaiting access to
loading spaces.
3.18.2. Access
Access to loading or unloading spaces shall be by means of an aisle at least 3.7 m (12 ft) wide
contained within the lot on which the spaces are located, and leading to a street or lane located
within or adjoining the zone in which the use is located.
3.18.3. Location
The loading space or spaces required shall be located in the interior side or rear yard, and may
also be located in front or exterior side yards provided they are not located in the required front or
exterior side yard.
3.18.4. Surface
The loading spaces and aisles shall be surfaced with a stable material such as concrete, asphalt,
crushed stone or gravel.
3.18.5. Cumulative Standards
Where there are two or more uses located on the same lot, the loading space requirements shall be
the sum of the requirements of each use.
3.18.6. Additions to Building
The loading space requirements referred to herein shall not apply to any building in existence at
the date of passing of this By-law so long as the floor area, as it existed at such date, is not
increased. If an addition is made to the building or structure which increases the floor area, then
additional loading spaces shall be provided for such addition as required above.
3.18.7
Core Area Loading Space Requirements
On those lands in the Core Area zoned as Central Commercial - Special Exception One (C I-I)
shown on Schedule A, the minimum loading space requirements for Non-Residential Uses, as set
out above, shall be exempted from the requirements.
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SECTION 3: GENERAL PROVISIONS
3.19
Recreational Vehicles as Temporary Dwellings
3.19.1
Except as otherwise permitted in this By-law, a recreational vehicle shall not be used for
residential or non-residential purposes within the municipality except as a temporary office,
temporary residence, tool storage shed or similar use on a construction site provided that the use
is terminated when the work is completed or abandoned.
3.19.2
Notwithstanding the generality of the foregoing, a recreational vehicle shall only be used as a
temporary residence for such period as there is a valid building permit for the construction of a
permanent single-detached or seasonal dwelling and provided that written approval in the form of
an agreement is obtained from the municipality.
3.20
Objects Stored in Yards
3.20.1. Except as hereinafter provided no person shall obstruct any required front yard or rear yard by the
location of a building or structure, or by the storage of lumber, salvage or similar material.
3.20.2. In any zone in which a dwelling is permitted as a principal use, the following provisions apply:
I.
Where a recreational vehicle is parked in any yard of a lot, such vehicle shall not be used
for living or sleeping accommodation for longer than 30 consecutive days by any person
in transit between one place and another; but in no event shall such living or sleeping
accommodation be leased or rented.
2.
No person shall use any lot for the outside storage of:
1.
a motor vehicle which has had part or all of its superstructure removed; or,
2.
a motor vehicle which is not operational.
3.
The parking or storage of a recreational vehicle may be pennitted for a period of not
more than 72 hours in anyone calendar month in a front yard or exterior side yard.
4.
Notwithstanding the foregoing, where a lot is used for a dwelling house containing more
than 2 dwelling units, the limitations imposed herein shall not restrict the number of
recreational vehicles that are stored on the lot provided the area, building or structure
used for such storage complies with the yard provisions of the zone in which such area,
building or structure is located and has been approved by the Corporation under a site
plan agreement.
Such area, building or structure shall be in addition to the required
parking.
3.21
Occupancy Restrictions
Human habitation shall not be permitted In any of the following buildings, structures or parts
thereof;
1.
any private garage or other building which is accessory to a residential use;
2.
any truck, bus, coach or street car body whether or not the same is mounted on wheels;
3.
any cellar, as defined in this By-law;
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SECTION 3: GENERAL PROVISIONS
4.
any building or structure before the main wall and roof have been erected, application of
the exterior siding and roofing has been completed and the kitchen, heating and sanitary
conveniences have been installed, unless approval of the Chief Building Official has been
obtained in advance.
4.
any trailer other than as temporary pursuant to Section 3.20.2.2 herein.
3.22
Parking Area Regulations
3.22.2
The owner of every building or structure erected or used for any of the purposes hereinafter set
forth shall provide and maintain for the sole use of the owner, occupant or other persons entering
upon or making use of the said premises from time to time, parking spaces and areas in
accordance with the following table.
Where the minimum requirement by zone differs from the
minimum requirement by type of use, the higher standard shall apply.
TYPE OF USE
MINIMUM PARKING REQUIREMENT
Single-detached Dwelling
I parking space per dwelling unit.
Semi-detached Dwelling
Duplex Dwelling
Seasonal Dwell ing
Street Townhouse Dwelling
I parking space per dwelling unit located in a
private garage.
Senior Citizens Housing
I parking space per 3 dwelling units, or
fraction thereof.
Other Residential Uses
1.25 parking spaces per dwelling unit or
fraction thereof.
Boarding/Rooming House
1 parking space plus 0.25 spaces per boarder.
Group Home
1 parking space per on duty employee plus I
space per 5 beds, or fraction thereof.
Elementary School
1.5 parking spaces per classroom, and 1
parking space per 4 m2 (45 ft2) of floor area
in the gymnasium; or
Secondary School
4 parking spaces per classroom and 3 spaces
per 4 m2 (45 ft2) of floor area in the
I
gymnasium; or
Assembly Hall
The greater of:
Community Centre
Church
1 parking space for every 8 fixed seats or
Commercial Sports and/or Recreation Centre
fraction thereof; or
Place of Recreation
I parking space for every 3 m (10ft) of
Place of Entertainment (other than listed
bench space, or 1 parking space per 12 m2
separateIy)
(130 ft2) of gross floor area, or fraction
thereof.
Bowling Alley
2 parking spaces per bowling lane or curling
Curling Rink
sheet, plus 1 parking space per 6 seats design
capacity ofthe area for accessOlY uses.
Funeral Home
1 parking space per 18m2 (200 ft2) of gross
floor area, or fraction thereof, with a
minimum of 8 parking spaces.
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SECTION 3: GENERAL PROVISIONS
TYPE OF USE
MINIMUM PARKING REOlJl'BEMENT
Institution
1 parking space per 100 m2(1075 fe) of
display/assembly area, or fraction thereof,
including basement area used for display,
with a minimum of 4 parking spaces.
Licensed Day Nursery
1 parking space per on duty employee plus 1
space per 12 children.
Hospital
1 parking space for every 2 beds.
Nursing Home
Home for the Aged
Bed and Breakfast
1 parking space per guest room
Tourist Establishment
1 parking space per guest room, plus I
parking space per 8 persons design capacity
of the beverage room, eating area, or meeting
room.
Restaurant
The greater of:
Beverage Room
1 parking space per] 4 m2(150 ft2)of gross
floor area; or
1 parking space per 4 persons design
capacity of the eating area or beverage room.
Restaurant, Take-out
1 parking space per 9.5 m2(100 ft2) of gross
floor area, or fraction thereof.
Medical Clinic
I parking space per 30 m2(320 ft-) of gross
Animal Clinic
floor area with a minimum of 3 parking
Animal Care
spaces.
Contractor or Tradesman Establishment
Printing Shop
Industrial or Business Service Shop
Custom Workshop
Furniture, Appliance, Carpet Stores and
2 parking spaces per 100 m2(1,075 ft2) of
similar commercial uses requiring large
gross floor area or fraction thereof, with a
display areas
minimum of 8 parking spaces.
Building Supply Outlet
Greenhouse
Repair Service Shop
Wholesale Outlet
Retail, other than listed elsewhere
1 parking space per 25 m2(270 ft2) of gross
Convenience Store
floor area or fraction thereof, with a
Financial Office
minimum of 4 parking spaces.
Bake Shop
Butcher Shop
Personal Service Shop
Dry Cleaning Distribution Station
Laundromat
Automobile Sales
2 parking spaces per 100 m2(1,075 ft2) of
Automobile Rental
gross floor area, with a minimum of 4
Automobile Body Shop
parking spaces.
Automobile Care
The provision of parking for the storage of
Automobile Gas Bar
new and used vehicles, boats or trailers for
Automobile Service Station
sale or lease, or service shall not be included
Recreation Vehicle Sales
as satistying the provisions of this clause.
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SECTION 3: GENERAL PROVISIONS
TYPE OF USE
MINIMUM PARKING REQUIREMENT
Farm Implement Sales
Commercial Storage
Transportation Terminal
Automobile Washing Establishment
Self-service operation: 2 waiting and 1
drying space per wash rack.
Conveyer operation: 5 waiting spaces per
wash rack.
Warehouse
1 parking space per 120 m2(1,290 £12) of
Bulk Storage
gross floor area, or fraction thereof.
Bakery
Dairy
Dry Cleaning Plant
Other Non-Residential uses permitted by this
1 parking space per 25 m2(270 £12) of gross
By-law
floor area.
3.22.2. Parking Space Size
As per definition.
3.22.3
Core Area Parking Area Requirements
On those lands in the Core Area zoned as Central Commercial - Special Exception One (C 1-1)
shown on Schedule A, the minimum Parking Area Requirements for Non-Residential Uses, as set
out above, shall be exempted from the requirements.
3.22.4. Parking Lot and Driveway Surface
Each parking lot and driveway connecting a parking lot with a street shall be surfaced with
asphalt, concrete, interlocking pavers or similar hard surfaces or any stable surface treated so as
to prevent the raising of dust or loose particles.
3.22.5. Multiple Use Developments
When a building or structure accommodates more than one type of use as set out in sub-section
3.25.1 above, the parking area requirements shall be the sum of the requirements for the separate
parts ofthe building or structure occupied by the separate types of use.
3.22.6. Additions to Buildings or Change of Use
When a building or structure has insufficient parking at the time of the passing of this By-law to
comply with the requirements herein, this By-law shall not be interpreted to require that the
deficiency be made up prior to the construction of any addition or change of use to a permitted
use in the zone in which the building is located. No addition may be built and no change of use
may occur, however, the effect of which would be an increase in that deficiency.
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SECTION 3: GENERAL PROVISIONS
3.22.7. Parking Area Location and Setbacks
USE
YARD IN WIDCR REQUIRED PARKING PERMITTED
Single detached
Required parking spaces are permitted in all yards, except the required
Semi detached
front and exterior side yards, wherein a driveway may be located
Duplex
provided the minimum length of the driveway from a private garage or
Street Townhouse
carport to the edge of pavement or to an existing or planned sidewalk,
as the case may be, is 6 m (20 ft)
All other
Required parking spaces are permitted in all yards, except the required
residential uses
front yard, wherein a driveway may be located provided no parking
spaces and no driveways shall be located within 6 m (20 ft) and 3.5 m
(16 ft), respectively, of a habitable room window, unless the parking
spaces and/or driveways are reserved for the exclusive use of the
occupants ofthe dwelling unit containing the habitable room window.
2. Non-Residential
All yards, subject to the provisions of Section 3.18.
3.22.8 Attached Garage and Carport Extensions
USE
PERMITTED EXTENSION
Single detached
No attached garage or carport may extend more than 2.5 m (8 ft) closer to a street
Semi detached
line than:
Duplex
i.a main building wall; or,
Street Townhouse
ii.a covered porch that is at least 2.5 m (8 ft) in width.
3.22.9
Attached Garage or Carport and Driveway Widths
USE
LOT WIDTH
MAXIMUM
MAXIMUM
ATTACHED
DR.IVEWAY
GARAGE OR
AMl/OR
CARPORT WIDTH
PARKING SPACE
WIDTH
Single detached
less than or equal to 7 m (23 ft)
3.8 m (12.5 ft)
3 m(lOft)
Semi detached
, more than 7 m (23 ft) and less
4.9m(16ft)
3.5 m (11.5 ft)
Duplex
than or equal to 10.5 m (34 ft)
Street Townhouse
more than 10.5 m (34 ft) and less
6.4 m (21 ft)
6 m (20 ft)
than or equal to 19.5 m (64 ft)
more than 19.5 m (64 ft)
9.5 m (31 ft)
9 m (29.5 ft)
3.22.10 Parking Space Location on Other Lot
Where the owner of a building or structure proposes to provide the required parking spaces and
areas in a location other than on the same lot as the use that requires such spaces and areas, then
such spaces and areas shall be located not more than 150 m (500 ft) from the said lot and shall be
located within the same zone as the said lot.
Furthermore, such spaces and areas shall:
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SECTION 3: GENERAL PROVISIONS
I.
be in the same possession, either by deed or renewable long term lease, as the property
occupied by the use or building to which the parking facilities are accessory; or
2.
be subject to an agreement between the owner of the use or building served by the
parking facilities and the owner of the parking facility allocating the required number of
parking spaces.
In addition, the required number of parking spaces shall be maintained for the duration of the use.
3.23 Public Uses and Services
3.23.1
The provisions of this By-law shall not apply to the use of any lot or the location or use of any
building or structure for the purpose of a public use by the Corporation or by any local board of
the Corporation as defined by The Municipal Act, R.S.O. 1990 as amended, any telephone,
telegraph or telecommunications corporation, any natural gas distribution system operated by the
Corporation or on its behalf by a company distributing gas to the residents of the Corporation and
possessing all the necessary powers, rights, licenses and franchise, any Conservation Authority
established by the Government of Ontario, any department of the Government of Ontario or
Canada, including Hydro One, Rideau S1. Lawrence Distribution Incorporated, any use permitted
under The Railway Act or any other statutes of Ontario or Canada governing railway operations,
including tracks, spurs and other railway facilities, provided that where such lot, building,
structure, use or transmission facility is located in any zone:
I.
no goods, materials or equipment shall be stored in the open, except as permitted in such
zone;
2.
any above-ground use carried on under the authority of this paragraph in any Residential
zone shall be maintained in general harmony with Residential buildings in such zone.
3.
the lot coverage, setback and yard requirements prescribed for the zone in which such
land, building or structure is located shall be complied with.
3.23.2
Nothing in this By-law shall prevent the use of land as a street or prevent the installation of a
public utility such as a watermain, sanitary sewer, storm sewer, gas main, pipeline or overhead or
underground hydro electric or telephone line, traffic or other sign, or other supply and/or
communication line, including their distribution, transformer, pumping and/or regulation stations.
3.24
Residential Separation Distances from Other Land Uses
Notwithstanding any other provisions of this By-law, any new dwelling shall be located minimum
distances from certain zones or land uses on other lots as follows:
150 m
300 m
500 m
500 m
As per the Minimum Distance Separation
I
(MDS I) formula,
as
issued by the Ontario
Ministry of Agriculture, Food and Rural Affairs,
except that MDS I shall not apply to new non-
agricultural uses to be located on an existing lot
of less than 2 ha in lot area.
- From a Class "B" pit with no excavation below the water table
- From any other pit or concrete plant
- From a quarry or asphalt plant
- From land zoned Waste Disposal
- From livestock facilities
Village ofWestport Zoning by-law No. 08-/2
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September, 2008
46
SECTION 3: GENERAL PROVISIONS
3.25
Setbacks
3.25.1. Streets
1.
All buildings and structures located along County Roads shall comply with the specific
setback requirements established by the County.
Development permits for such lands
shall be obtained from the County Roads Department.
2.
All
buildings and structures located along a street under the jurisdiction of the
Corporation shall be set back a minimum distance of 6 m (20 ft) plus the required front
yard depth of the zone in which the use is located.
3.25.2. Waterbody
1.
All buildings and structures, except a marina or a marine facility, shall be set back a
minimum horizontal distance of 30 m (l00 ft) from the normal high water mark of a
waterbody. Except for a marina, within the 30 m (l00 ft) setback, a maximum of25% or
15 m (50 ft) of the shoreline area, whichever is the lesser, may be used for marine
facilities, pump houses, stairs, decks, patios, gazebos and all other accessory structures.
For the purposes of this Section, the shoreline area shall include that portion of the lot
lying within 3 m (lOft) ofthe shorel ine.
Attached unenclosed porches, open patios, decks, balconies, exterior stairs and landings
may project from the main building into the water setback by not more than 3 metres
except that where an existing main building is non-complying in relation to the required
water setback, an open and unroofed porch, deck, exterior stairs or landing may project
into the existing water setback by a maximum of 1.5 metres.
3.26
Sight Triangles and Sight Distance
3.26.1. Sight Triangles
In a sight triangle, as herein defined, no uncovered surface parking lot or loading space may be
constructed or used and no building or structure, landscaping or finished grade shall be
constructed or located thereon which exceeds 0.8 m (2.5 ft) in height above the centrel ine of the
street.
3.27
Signs
Nothing in this By-law shall apply to prevent the use of signs on any land, building or structure,
but the erection, use and maintenance of such signs shall be subject to the provisions of the Sign
By-law of the Corporation and the provisions of this By-law for Home Occupations and Sight
Triangles.
3.28
Site Plan Requirements
No development shall take place on any parcel of land designated as Site Plan Control Area in the
Site Plan Control By-law unless the Council of the Corporation has approved such plans and
drawings required under the provisions ofthe Site Plan Control By-law.
Village o[Westport Zoning by-law No. 08-12
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September, 2008
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SECTION 3: GENERAL PROVISIONS
3.29
Temporary Use Zones
Where the zone symbol zoning certain lands as shown on Schedule A is followed by the suffix
"t" (for example, Rlt), a use or uses in addition to the uses permitted in the zone in which the
lands are located shall be permitted for a specified period of time following which the use or uses
shall cease.
Temporary uses shall only be permitted by an Amendment to this By-law which
amends Schedule A by adding the letter "t" to the zone symbol on the lands where the temporary
use is located and by amending this section:
1.
to describe the lands on which the temporary use or uses is/are permitted including the
municipal address where appropriate
2.
to list the permitted temporary use or uses
3.
to specify the time period for which the temporary use or uses is/are permitted including
the date on which the use or uses is/are to cease, on which date the Amendment shall be
deemed to be repealed and the temporary use(s) shall be deemed to be repealed and the
temporary use(s) no longer permitted
4.
to describe any conditions which apply to the temporary use or uses.
Village of Westport Zoning by-law No. 08-12
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SECTION 4: ZONES
4
ZONES
4.1 Classification
The provisions of this By-law shall apply to all lands within the limits of the Corporation which
lands are divided into various zones. Schedule A and B symbols refer to zone classifications as
shown below:
ZONE
SYMBOL
RESIDENTIAL TYPE ONE
RI
RESIDENTIAL TYPE TWO
R2
CENTRAL COMMERCIAL
CI
HIGHWAY COMMERCIAL
C2
WASTE DISPOSAL
Ml
INSTITUTIONAL
I
OPEN SPACE
0
RURAL
RU
ENVIRONMENTAL PROTECTION
EP
HOLDING ZONE
h
TEMPORARY USE ZONE
t
4.2 Zone Regulations
The permitted uses, the minimum size and dimensions of lots, the minimum size of yards, the
maximum lot coverage, the minimum setback, gross leasable floor area, the minimum landscaped
open space, and all other zone provisions are set out herein for the respective zones.
4.3
Metric Measurements
Where a zone regulation is expressed as a metric measurement, it shall apply.
Any imperial
measurement in brackets following a metric measurement is intended only as a convenience to
illustrate the imperial equivalent which would have formerly applied prior to the implementation
of metric measurements.
4.4
Zone Boundaries
The extent and boundaries of all the said zones are shown on the Schedules which form a
part of this By-law and are attached hereto.
Village ofWestport Zoning by-law No. 08-12
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SECTION 4: ZONES
4.5
Zone Symbols
The symbols listed in Section 4.1 may be used to refer to buildings and structures, the uses of
lots, buildings and structures permitted by this By-law in the said zones, and whenever in this By-
law the word Zone is used, preceded by any of the said symbols, such zones shall mean any area
within the Corporation within the scope of this By-law, delineated on the Schedules and
designated thereon by the said symbol.
4.6
Exception Zones
Where the zone symbol as shown on the Schedules is followed by a dash and a number (for
example R2-I), then special provisions apply to such lands and such special provisions may be
found by reference to that part of the by-law wh ich deals with that particular zone. Lands zoned
in this manner shall also be subject to all the provisions of the zone, except such special
provisions as specified.
4.7
Holding Zones
Where the zone symbol zoning certain lands is followed by the suffix "h" (for example Rh), then
special holding provisions apply to such lands and such special provisions may be found by
reference to Section 3.14.
4.8
Temporary Use Zones
Where the zone symbol zoning certain lands as shown on Schedules A and B is followed by the
suffix "t" (for example, Rlt), then special provisions apply to permit a use or uses in addition to
the uses permitted in the zone in which the lands are located for a specified period of time,
following which the use or uses shall cease, and such special provisions may be found by
reference to Section 3.3 I.
4.9
Interpretation of Zone Boundaries
Zone boundaries, where possible, are construed to be lot lines, street lines, centrelines of streets
or railway rights-of-way.
In the case where uncertainty exists as to the boundary of any zone,
then the location of such boundary shall be determined in accordance with the scale of Schedules
A and B at its original size.
4.10
Building, Structure and Use Classification
I.
The buildings, structures and use of buildings, structures and lots specifically named as
uses permitted and classified under the headings of "Residential" and "Non-Residential"
refer only to the uses as are specifically named under such headings in each zone.
2.
For the purpose of reference, all buildings, structures and uses of buildings, structures and
lots named as Permitted Uses and classified under the headings of "Residential" and
"Non-Residential" may be referred to as "Residential and "Non-Residential" buildings,
structures, or uses respectively.
Village of Westport Zoning by-law No. 08-12
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50
SECTION 5: RESIDENTIAL ZONES
5
RESIDENTIAL ZONES
No person shall use any lot or erect, alter or use any building or structure within any of the following
Residential Zones except in accordance with the following provisions.
5.1
RESIDENTIAL TYPE ONE (R1) ZONE
5.1.1
Permitted Uses
1.
Residential Uses
single detached dwelling
semi-detached dwelling
duplex dwelling
2.
Non-Residential Uses
in accordance with Section 3
5.1.2
Zone Provisions
Sin1de Detacbed Dwelline
Full Municipal Services
1.
lot area (minimum)
450 m- (4,520 £12)
2.
lot frontage (minimum)
15m (50 £1)
3.
front yard depth (minimum)
6 m (20 £1)
4.
exterior side yard width (minimum)
3m(10£1)
5.
interior side yard width (minimum)
3 m (10 £1) on one side with a total of 4.2 m (14 £1) for
both yards, except where a garage or carport
IS
attached to the mal11 building,
111 which case the
minimum shall be 1.2 m (4 £1) for each yard
6.
rear yard depth (minimum)
6 m (20 £1)
7.
dwelling unit area (minimum)
80 m- (860 £1L)
8.
lot coverage (maximum)
35%
9.
building height (maximum)
11 m (35 £1)
10. accessory uses, parking, waterbody
in accordance with Section 3
setback, etc.
Semi-detacbed Dwelling
Full Municipal Services
1.
lot area (minimum)
650 m2 (7,500 £1-)
2.
lot frontage (minimum)
21m(69£1)
"
front yard depth (minimum)
6 m (20 £1)
j.
4.
exterior side yard width (minimum)
3m(10£1)
5.
interior side yard width (minimum)
3 m (10 £1) on one side, except where a garage or carport is
attached to the main building, in which case the minimum
shall be 1.2 m (4 £1), and nil on the other side
6.
rear yard depth (minimum)
6 m (20 £1)
7.
dwelling unit area (minimum)
70 m" (750 £1-)
8.
lot coverage (maximum)
35%
9.
building height (maximum)
11 m (35 £1)
. 10. accessory uses, parking, waterbody
in accordance with Section 3
L
setback, etc.
Village o[Westport Zoning by-law No. 08-12
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September, 2008
51
SECTION 5: RESIDENTIAL ZONES
J)uplex DwtHine
FuD Municipal Services
1.
lot area (minimum)
650m2(7500 ft2)
2.
lot frontage (minimum)
21m (69 ft)
3.
front yard depth (minimum)
6 m (20 ft)
4.
exterior side yard width (minimum)
3m(lOft)
5.
interior side yard width (minimum)
3 m (lOft) on one side with a total of 4.2 m (14 ft) for both
yards, except where a garage or carport is attached to the main
building, in which case the minimum shall be 1.2 m (4 ft) for
each yard
6.
rear yard depth (minimum)
6 m (20 ft)
7.
dwelling unit area (minimum)
70 m- (750 W)
8.
lot coverage (maximum)
35%
9.
building height (maximum)
1I m (35 ft)
10. accessory uses, parking, waterbody
in accordance with Section 3
II
setback, etc.
5.1.3
Exception Zones
Village o[Westport Zoning by-law No. 08-12
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September, 2008
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SECTION 5: RESIDENTIAL ZONES
5.2 RESIDENTIAL TYPE TWO (R2) ZONE
5.2.1
Permitted Uses
1.
Residential Uses
single detached dwelling
semi-detached dwelling
duplex dwelling
converted dwelling
boarding/rooming house
street townhouse dwelling
planned unit townhouse dwelling
apartment dwelling
multiple residential dwelling
nursing home
home for the aged
2.
Non-Residential Uses
in accordance with Section 3
5.2.2
Zone Provisions
Single Detached Dwelling
Semi~detached Dwelling
Duplex Dwelliue
in accordance with Section 5.1.2
Full Municipal Services
Converted Dwelling
Full Municipal Services
I
BoardinWRoomine Dwelline
I.
lot area (minimum)
Existing
2.
lot frontage (minimum)
existing
3.
front yard depth (minimum)
existing
4.
exterior side yard width (minimum)
existing
5.
interior side yard width (minimum)
existing
1
6.
rear yard depth (minimum)
existing
7.
dwelling
unit
area
(minimum),
55 mL (600 ft")
converted dwelling house only
~"
lot coverage (maximum)
Existing
9.
building height (maximum)
existing
10. accessory uses, parking, waterbody
in accordance with Section 3
setback, etc.
11. dwelling units (maximum),
4
converted dwelling house only
--
V"illage o[ Westport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
53
SECTION 5: RESIDENTIAL ZONES
Street Townhouse Dwellin2
Full Municipal Services
1.
lot area (minimum)
180 m- (1,935 fe)
2.
lot frontage (minimum)
6 m (20 ft)
3.
front yard depth (minimum)
6m(20ft)
4.
exterior side yard width (minimum)
3m(IOft)
5.
interior side yard width (minimum)
Nil, except that the minimum width adjoining an end-unit
wall shall be 1.2 m (4 ft)
6.
rear yard depth (minimum)
6 m (20 ft)
7.
dwelling unit area (minimum)
65 m- (700 fr)
8.
lot coverage (maximum)
35%
9.
building height (maximum)
Ilm(35ft)
10. accessory uses, parking, waterbody
in accordance with Section 3
setback, etc.
11. dwelling units per building
6
(maximum)
Planned Unit Townhouse Dwellin2
Full Municipal Services
1.
lot area (minimum)
890 m- (9,580 ft-)
2.
lot frontage (minimum)
30m(100ft)
3.
front yard depth (minimum)
6 m (20 ft)
4.
exterior side yard width (minimum)
3m(10ft)
5.
interior side yard width (minimum)
1.2 m (4 ft)
6.
rear yard depth (minimum)
6 m (20 ft)
7.
dwelling unit area (minimum)
65 m2(700 ft2)
8.
lot coverage (maximum)
35%
9.
building height (maximum)
11 m (35 ft)
10. accessory uses, parking, waterbody
in accordance with Section 3
setback, etc.
11. dwelling units per building
6
(maximum)
12. density (maximum)
1 per 200m2(2,150 ft-) lot area
13. privacy yards
Privacy yards shall be provided for each
planned unit
townhouse
dwelling
In
accordance
with
the
following
provisions and shall be measured as though each dwelling
unit is located on a separate lot:
I. front yard depth (minimum): 6 m (20 ft)
2. exterior side yard width (minimum): 3 m (lOft)
3. interior side yard width (minimum): Nil, except that the
minimum width adjoining an end unit wall shall be 1.2 m
(4 ft)
4. rear yard depth (minimum): 6 m (20 ft)
The privacy yards may be included in the yard requirements
of items 3 to 6 ofthis table.
Village of Westport Zoning by-law No. 08-12
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September, 2008
54
SECTION 5: RESIDENTIAL ZONES
Multiple Residential Dwelling
Full Municipal Services
Apartment Dwellinl!
1.
lot area (minimum)
890 m- (9,580 fn
2.
lot frontage (minimum)
30m(100ft)
'"'
front yard depth (minimum)
6 m (20 ft)
.J.
4.
exterior side yard width (minimum)
6 m (20 ft)
5.
interior side yard width (minimum)
6 m (20 ft)
6.
rear yard depth (minimum)
6 m (20 ft)
7.
lot coverage (maximum)
35%
8.
building height (maximum)
11m(35ft)
----l
9.
accessory uses, parking, waterbody
in accordance with Section 3
setback, etc.
11. dwelling units per building
No maximum
(maximum)
12. density (maximum)
1 per 130 m2(1,400 ft2)
13. privacy yards
Privacy yards with a minimum depth of 3 m (lOft), which are
clear and unobstructed by any common parking area, driveway
and pedestrian access, shall be provided adjoining any ground
floor habitable room window.
For the purposes of this item, a window shall be considered a
ground floor window if any part of the glazing is less than 2.5
m (8 ft) above the adjacent grade.
14. equipped children's play area
For a dwelling house which does not have a separate privacy
yard for the exclusive use of each dwelling unit, a children's
play area shall be provided.
The children's play area shall be a minimum of 4% of the lot
area or 15 m" (160 ft2), wh ichever is the greater.
The children's play area shall be located at least 6 m (20 ft)
from any ground floor habitable room window.
For the purposes ofthis item, a window shall be considered a
I
L
ground floor window if any part ofthe glazing is less than 2.5
m (8 ft) above the adjacent grade.
~
Nursing Home
Home for tbe Aaed
in accordance with Section 8
Full Municipal Services
I
5.2.3
Exception Zones
1.
R2-1 - 2 Rideau Street
Notwithstanding the provisions of Section
5.2.2, on
lands zoned
R2-1,
a fourteen
unit
condominium is a permitted use.
Village of Westport Zoning by-law No. 08-J2
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September, 2008
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SECTION 5: RESIDENTIAL ZONES
2.
R2-2 - George Street
Notwithstanding the provisions of Section 5.2.2, on the lands zoned R2-2, the minimum lot
frontage shall be 21 metres
Village of Westport Zoning by-law No. 08-12
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SECTION 6: COMMERCIAL ZONES
6
COMMERCIAL ZONES
No person shall use any lot or erect, alter or use any building or structure within any of the following
Commercial Zones except in accordance with the following provisions.
6.1
CENTRAL COMMERCIAL (Cl) ZONE
6.1.1
Permitted Uses
1.
Non-Residential Uses
animal care
artists or photographic studio
assembly hall
bakeshop
beverage room
butcher shop
church
commercial school
commercial sports and recreation establishment
convenience store
custom workshop
dry cleaning distribution station or plant
funeral home
financial office
guest house
hotel
institution
laundromat
manna
medical clinic
museum
office
parking lot
personal service shop
place of entertainment
place of recreation
printing shop
repair service shop
restaurant
retail store
take-out restaurant, excluding drive-through
taxi station
tourist guest house
tourist establishment
warehouse use accessory to any of the foregoing
wholesale use accessory to any of the foregoing
other uses in accordance with Section 3
Village ojWestport Zoning by-law No. 08-12
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SECTION 6: COMMERCIAL ZONES
2.
Residential Uses
a dwelling unit or units in the upper storeys ofa Non-Residential
building
existing residential buildings
former residential buildings converted back to residential use from non-residential use
6.1.2
Zone Provisions
6.1.2.1 Non-Residential Uses
Non~ResidentialUses
Full Municipal Services
I.
lot area (minimum)
No minimum
2.
lot frontage (minimum)
No minimum
3.
front yard depth (minimum)
No minimum
4.
exterior side yard width (minimum)
No minimum
5.
interior side yard width (minimum)
No
minImUm,
except where
the yard
abuts
a
lot
in
a
Residential Zone, the minimum yard shall be 9 m (30 ft)
6.
rear yard depth (minimum)
No
minimum,
except
where
the yard
abuts
a
lot
In
a
l
Residential Zone, the minimum yard shall be 6 m (20 ft)
7.
building height (maximum)
12 m (40 ft)
8.
accessory uses, parking, waterbody
in accordance with Section 3
setback, etc.
J
9.
lot coverage (maximum)
50%
6.1.2.2 Residential Uses
Residential Uses
Full Muni&;ipal Services
I
I.
Minimum Landscaped Open Space
15 m
L (160 W) per unit
2.
Minimum Roof Deck or Balcony
The minImum landscaped open
. .
shall
not
space provIsion
apply to dwelling units in a portion of a Non-Residential
building provided that all dwelling units have access to a
private balcony or to an open roof deck with a minimum area
of 5 m2(54 ft2)per unit
3.
Maximum Density
I per 65 m2(700 ft2) lot area
I
r4.
Maximum Building Height
12m(40ft)
5.
accessory uses, parking, waterbody
in accordance with Section 3
I
L
setback, etc.
6.1.3
Exception Zones
1.
Cl-1 - Core Area
Notwithstanding any provision of this By-law to the contrary, loading space shall be in
accordance with Section 3.18.7 and parking shall be in accordance with Section 3.22.3.
2.
C 1-2: 45 Main Street
58
September, 2008
Notwithstanding the provisions of Section 6.1 to the contrary, on lands zoned C I-Ion Schedule
"A" the only permitted uses allowed are a restaurant, a tourist lodging establishment and a
miniature golf course.
Village o[ Westport Zoning by-law No. 08-12
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SECTION 6: COMMERCIAL ZONES
6.2
HIGHWAY COMMERCIAL (C2) ZONE
6.2.1
Permitted Uses
1.
Non-Residential Uses
animal care
animal clinic
assembly hall
automobile body shop
automobile care
automobile gas bar
automobile sales
automobile service station
automobile washing establishment
automobile rental
bakery
beverage room
building supply outlet
business service
commercial school
commercial sports and recreation establishment
commercial storage
consumer outlet propane/compressed natural gas transfer facility
contractor or tradesman establishment
convenience store
custom workshop
dairy
dry cleaning distribution station
dry cleaning plant
farm implement sales
farm supplies dealership
funeral home
financial office
guest house
greenhouse
laundromat
highway commercial mall
hotel
office
personal service shop
place of entertainment
place of recreation
printing shop
recreational vehicle sales
restaurant
retai I store
retail propane/compressed natural gas transfer facility
sample and showroom
take-out restaurant
warehouse
wholesale outlet
Village a/Westport Zoning by-law No. 08-12
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59
SECTION 6: COMMERCIAL ZONES
other uses in accordance with Section 3
2.
Residential Uses
an accessory dwelling house or an accessory dwelling Unit
In a portion of a Non-
Residential building, except in the case of an automobile service station, gas bar, retai I
propane/compressed natural gas transfer facility or automobile body shop.
6.2.2
Zone Provisions
6.2.2.1 Non-Residential Uses
Non-Residential Uses
Full Municipal Senrices
I
1.
lot area (minimum)
540m
2 (5800 fe)
I
2.
lot frontage (minimum)
18m (60 £1)
3.
front yard depth (minimum)
9 m (30 £1)
4.
exterior side yard width (minimum)
6 m (20 £1)
5.
interior side yard width (minimum)
3 m (10 £1)
6.
rear yard depth (minimum)
6 m (20 £1)
7.
dwelling unit area (minimum)
85 m- (915 £1-)
8.
lot coverage (maximum)
50%
I
9.
building height (maximum)
12 m (40 £1)
]O. accessory uses, parking, waterbody
in accordance with Section 3
setback, etc.
I 1. open storage
Open storage of goods or materials shall be permitted
in accordance with the following:
1. the open storage is accessory to the main use
2. the open storage is not located in any required yard
3. the open storage does not occupy more than 40%
of the lot area
Garbage shall be stored in metal containers in a fenced
or screened area designed expressly for that purpose
12. fuel pump island location
in accordance with Section 3
13. retail propane/compressed natural gas
in accordance with the foregoing zone provisions or
transfer and handling facilities
the licensing provisions of the Energy Act, whichever
are the more restrictive
6.2.2.2 Residential Uses
Residential Uses
Fun Municipal Senrices
I
Partial or Private
Senrices
Accessory Dwelling
shall be located on the lot so that there is a private amenity area
abutting each exterior wall
which
IS
measured
as though the
dwelling
IS
located on
a separate
lot
In
accordance
with the
provisions of Section 5.1.2
Accessory Dwelling Unit
in accordance with Section 6.1.2.2
Village of Westport Zoning by-l(Il1,' No. 08- /2
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SECTION 6: COMMERCIAL ZONES
6.2.3
Exception Zones
1.
C2-1: 23 Whelan Street, Assessment Roll No. 042 06900
Notwithstanding the permitted use provisions of Section 6.2.1, on the land C3-1, the only
permitted uses shall be a vehicle sales area and accessory office.
Village of Westport Zoning by-law No. 08-12
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SECTION 7: INDUSTRIAL ZONES
7
INDUSTRIAL ZONES
7.1
WASTE DISPOSAL (M1) ZONE
7.1.1
Permitted Uses
waste disposal
waste recycling
7.1.2
Zone Provisions
1.
Lot Area (minimum)
1 ha (2.5 ac)
2.
Lot Frontage (minimum)
90 m (300 £1)
3.
Front Yard Depth (minimum)
9 m (30 £1)
4.
Exterior Side Yard Width (minimum)
9 m (30 £1)
5.
Interior Side Yard Width (minimum)
9 m (30 £1)
6.
Rear Yard Depth (minimum)
9 m (30 £1)
7.
Landscaped Open Space (minimum)
10%
8.
Height of Building (maximum)
II m (35 £1)
9.
Accessory Uses, Waterbody Setback,
Parking, etc.
in accordance with Section 3
10.
Buffering
The required yards shall be used for no purpose other than landscaped open space except
where a driveway or entrance passes through the required yard.
7.1.3
Exception Zones
Village of Westport Zoning by-law No. 08-12
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September, 2008
62
SECTION 9: INSTITUTIONAL (I) ZONE
8
INSTITUTIONAL (I) ZONE
No person shall use any lot or erect, alter or use any building or structure within an Institutional Zone
except in accordance with the following provisions.
8.1
Permitted Uses
accessory office, restaurant, personal service shop and retail store
assembly hall
cemetery
community centre
church
home for the aged
hospital
institution
medical clinic
museum
nursing home
public use
religious institution
retirement residence
school
other uses in accordance with Section 3
8.2
Zone Provisions
Institutional Uses
Full Municipal Sen--ices
I
l.
lot area (minimum)
450 m2(4,850 ft2)
I
2.
lot frontage (minimum)
18m (60 ft)
3.
front yard depth (minimum)
6 m (20 ft)
4.
exterior side yard width (minimum)
3m(lOft)
j
5.
interior side yard width (minimum)
3m(lOft)
I 6.
rear yard depth (minimum)
6 m (20 ft)
7.
lot coverage (maximum)
40%
I
8.
building height (maximum)
12 m (40 ft)
9.
accessory uses, parking, waterbody
in accordance with Section 3
setback, etc.
8.3
Exception Zones
Village ofWestport Zoning by-law No. 08-/2
Salter-Keane Consulting
September, 2008
63
SECTION 9: OPEN SPACE (0) ZONE
9
OPEN SPACE (0) ZONE
No person shall use any lot or erect, alter or use any building or structure within an Open Space Zone
except in accordance with the following provisions.
9.1
Permitted Uses
1.
Non-Residential Uses
community centre
conservation
golf course
private park
public park
2.
Residential Uses
Existing uses
9.2
Zone Provisions
OpenSpace Uses
Full Municinal Services
I
1.
lot area (minimum)
450 m- (4,850 ftL)
I
2.
lot frontage (minimum)
18m (60 ft)
3.
front yard depth (minimum)
6 m (20 ft)
4.
exterior side yard width (minimum)
3m(lOft)
5.
interior side yard width (minimum)
3m(10ft)
6.
rear yard depth (minimum)
6 m (20 ft)
7.
lot coverage (maximum)
20%
I
8.
building height (maximum)
12m(40ft)
9.
accessory uses, parking, waterbody
in accordance with Section 3
~
setback, etc.
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9.3
Exception Zones
Village ofWestport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
64
SECTION 10: RURAL (RU) ZONE
10 RURAL (RU) ZONE
No person shall use any Jot or erect, alter or use any building or structure within a Rural Zone except in
accordance with the following provisions.
Permitted Uses
I.
Non-Residential Uses
animal clinic
conservation
farm produce outlet
forestry
garden nursery
general agriculture
private park
public park
other uses in accordance with the provisions of Section 4
2.
Residential Uses
single detached dwelling house
accessory dwelling house to an agricultural use
Zone Provisions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Lot Area (minimum)
Lot Frontage (minimum)
Front Yard Depth (minimum)
Exterior Side Yard Width (minimum)
Interior Side Yard Width (minimum)
Rear Yard Depth (minimum)
Lot Coverage (maximum)
Height of Building (maximum)
Dwellings per Lot (maximum)
Accessory Uses, Waterbody Setback,
Parking, etc.
in accordance with Section 3
10 ha (25 ac), except for a single detached
dwelling house in which case the minimum lot
area shall be 0.8 ha (2.0 ac)
40m (130 ft)
IS m (50 ft)
7.5 m (25 ft)
3m(IOft)
7.5 m (25 ft)
20%
12 m(40 ft)
I
Exception Zones
Village of Westport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
65
SECTION 11 : ENVIRONMENTAL PROTECTION (EP) ZONE
11
ENVIRONMENTAL PROTECTION (EP) ZONE
No person shall use any lot or erect, alter or use any building or structure within an Environmental
Protection Zone except in accordance with the following provisions.
11.1
Permitted Uses
1.
Non-Residential Uses
conservation, excluding buildings
marine facility
Crown Beds of Water bodies:
All Crown beds of waterbodies up to the high water mark are zoned Environmental
Protection unless specifically shown otherwise on the attached Schedule.
Village o/Westport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
66
SECTION 12: ADMINISTRATION, ENFORCEMENT AND PENALTIES
12
ADMINISTRATION, ENFORCEMENT AND PENALTIES
12.1 Administration
This By-law shall be administered by the Chief Building Official or by an officer designated by
the Corporation.
12.2 Interpretation
1.
For the purposes of this By-law, the definitions and interpretation given herein shall
govern.
2.
For the purposes of this By-law, words used in the present tense include the future; words
in singular number include the plural, and words in the plural include the singular
number; the word "shall" is mandatory; the words "used" and "occupied" shall include
the words "intended or arranged" and "designed to be used or occupied".
12.3 Building and Other Permits
Notwithstanding the provisions of the Corporation's Building By-law or any other By-law of the
Corporation, no building permit or occupancy permit shall be issued where the proposed building,
structure or use would be in violation of any of the provisions of this By-law.
12.4 Certificate of Occupancy
No change may be made in the type of use of any lot covered by this By-law or of any building or
structure on any such lot or of any part of such lot, building or structure, until a Certificate of
Occupancy has been issued by the Chief Building Official to the effect that the proposed use
complies with this By-law.
12.5 Application for Permits
In addition to all the requirements of the Corporation's Building By-law or any other By-law of
the Corporation, every application for a building permit shall be accompanied by a plan in
duplicate (one copy of which shall be retained by the Chief Building Official) drawn to scale and
showing the following:
I.
The true dimensions of the lot to be built upon or otherwise used.
2.
The proposed location, height and dimensions of any building, structure or use proposed
for such lot.
3.
Proposed locations and dimensions of any yards, setback, landscaped open space, off-
street parking space, etc., required by this By-law.
4.
The location of all existing buildings or structures on the lot.
5.
A statement signed by the owner, disclosing the exact use proposed for each aforesaid
building or structure and giving all infonnation necessary to determine if such proposed
or existing building, structure or use conforms to the requirements of this By-law.
Village o/Westport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
67
SECTION 12: ADMINISTRATION, ENFORCEMENT AND PENALTIES
12.6
Inspection
The Chief Building Official ofthe Corporation acting under the direction of the Council is hereby
authorized to enter, at all reasonable hours, upon any property or premises for the purpose of
carrying out his duties under this By-law.
12.7
Violations and Penalties
Every person who uses any lot, or erects or uses any building or structure or any part of any lot,
building or structure in a manner contrary to any requirement of this By-law, or who causes or
permits such use or erection, or who violates any provisions ofthis By-law or causes or permits a
violation, shall be gui Ity of an offence and subject to the provisions of Section 67 of the Planning
Act, RSO 1990 and the Municipal Act 200 I, S0200 I, c.25. Further, any person who contravenes
any of the provisions ofthis By-law is guilty of an offence and the procedure with respect thereto,
and the penalty upon conviction therefore shall be as provided for in the Provincial Offences Act,
RSO 1990 Chapt. P. 33 and amendments thereto.
12.8
Remedies
In case any building or structure is to be erected, altered, reconstructed, extended or part thereof
is to be used, or any lot is to be used, in contravention of any requirement of this By-law, such
contravention may be restrained by action at the instance of any ratepayer or of the Corporation
pursuant to the Municipal Act 2001, S02001, c.25.
12.9
Validity
If any section, clause or provision of this By-law, including anything contained in Schedule A,
attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of the By-law as a whole or any part thereof other than the
section, clause or provision so invalid and it is hereby declared to be the intention that all the
remaining sections, clauses or provisions of this By-law shall remain in full force and effect until
repealed, notwithstanding that one or more provisions thereof shall have been declared to be
invalid.
12.10
Existing By-laws
Zoning By-law No. 82-7 of the Village of Westport, as amended, to regulate the use of lands and
the character, location, bulk, height and use of buildings and structures, shall be, and the same
are, hereby repealed.
Village ofWestport Zoning by-law No. 08-12
Salter-Keane Consulting
September, 2008
68
SECTION 12: ADMINISTRATION, ENFORCEMENT AND PENALTIES
APPROVAL
This By-law shall become effective on the date of passing hereof, subject to the approval of the
Ontario Municipal Board or following the last date for filing objections, as the case may be.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS gfL DAY
OF$<.p#11lM-'1 ,2008
--
Village of Westport Zoning by-law No. 08-12
Salter-Keane Consulting
Cler~kr
September, 2008
69
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