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Third Reading
Council oft
Corpo tion of the Township of W
2010. )-
6
Moved by
Seconded
That a Comprehensive Zoning By-Law repealing
amendments to 8-79 applying to all land included in the Township of Wollaston
As reported by the committee of the Whole be read a third time, passed and
numbered 50-1 0 and that said by-law be signed by the Reeve and Clerk, sealed
with the seal of the Corporation, and be errgrossed in the by-law book.
Carried,
I
Second Reading
NO 50-1 0
ip of Wollaston
Seconded by
ng By-Law
8-79 applying to all land included in the Township of Wollaston
Carried,
/ -
-
-
/
First Reading
nship of Wollaston S
Seconded by
ealing By-Law 8-79
8-79 applying to all land included in the Township of Wollaston
THE TOWNSHIP OF WOLLASTON
COMPREHENSIVE ZONING BY-LAW 50-10
Prepared by:
AINLEY GRAHAM & ASSOCIATES LIMITED
CONSULTING ENGINEERS AND PLANNERS
45 SOUTH FRONT STREET
BELLEVILLE, ONTARIO
K8N 2Y5
NOVEMBER, 2010
FILE NO.: 08550-1
TOWNSHIP OF WOLLASTON
EXPLANATORY NOTE
TO
ZONING BY-LAW NO. 3.2 - ,O
L'
The purpose of the by-law is to:
Implement the policies of the County of Hastings Official Plan
Update and consolidate the existing Township Comprehensive Zoning By-law No. 8-79
~ e ~ u l a t e
the use of land and the character, location and use of buildings and structures
Set standards to be met by different types of development
Prohibit the use of land and the erection or use of buildings or structures for or except for
such purposes as set down in the by-law
Regulate development in order to minimize adverse affects on existing uses
Prohibit development that may be detrimental to the future orderly development of the
Township
The provisions of By-law No. --/O - 0
will apply throughout ALL of the defined areas
within the corporate limits of the Township of Wollaston. When the by-law is in force, no land
shall be used and no building or structure shall be erected, altered or used in any manner
except in conformity with the provisions of By-law ,yo - / 0
The provisions of this By-law shall not apply to prevent or hinder the continued use of any land,
building or structure for any purpose prohibited by this By-law providing such lapl, building or
structure was legally used for such purpose on the date of passing this By-law 3 /3 -/ 8,
so
long as it continues to be used for that purpose.
This By-law
-/o
rescinds the existing Township Comprehensive Zoning By-law No.
8-79 and all amendments thereto.
THE CORPORATION OF THE TOWNSHIP OF WOLLASTON
ZONING BY-LAW
(By-law No. 50-10)
L'
SECTION 1 - PURPOSE
This comprehensive Zoning By-law is intended to prohibit the use of land and the erection or use
of buildings or structures for or except for such purposes as set down in this by-law; to prohibit the
erection or use of buildings on land which is subject to flooding, or on land by reason of its rocky,
marshy or unstable character the cost of construction of satisfactory waterworks, sewage, or
drainage facilities is prohibitive; to regulate the height, bulk, location, size, floor area, spacing,
character and use of buildings or structures; to regulate the minimum frontage and depth of a
parcel of land and the portion of the area thereof that any building or structure may occupy; to
require loading and parking facilities for buildings or structures erected or used for certain
purposes; to prohibit the making or establishment of pits and quarries within defined areas and to
regulate the making or establishment of pits and quarries within defined areas of the Township.
SECTION 2 - TITLE
This by-law shall be cited as "Comprehensive Zoning By-law No. 50-10" and shall apply to all land
included within the Township of Wollaston as shown on the attached schedules.
(L'
BY-LAW 8-79 OF THE TOWNSHIP OF WOLLASTON AND ALL AMENDMENTS HERETO ARE
HEREBY REPEALED.
READ A FIRST TlME THIS ~ ~ J D A Y
OF A/m &J&, 2010.
READ A THIRD TIME AND FINALLY PASSED THIS~AAY
OF
2010.
Dan McCaw
Reeve
Chief Administrative OfficerIClerk
Christine FitzSimons
I hereby certify that the following is a true copy of By-law No. 50-10 as enacted by the Council of
the Corporation of the Township of Wollaston.
I N C L U Q I U L
~ < E c L ~ / ~ / L ) J D A ~ , D ~
a3
f f l ~ M ? ~ f l d n ~ & J
?&iL-
W f i a f f ' ~ ~ k 7 7 &
p ~ a v . S 2 / l o
0
Christine FitzSimons
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LA W
PLANNING 8 DEVELOPMENT DEPT.
15 Victoria Ave.
Box 2, 2"d Floor
BELLEVILLE, ONTARIO, K8N 125
Phone: 613.966.6712
Fax: 613.966.7654
Toll Free: 1.866.321.9563
November 22,201 0
Township of Wollaston
C/o Christine FitzSimons, Clerk
P.O. Box 99
Coe Hill, Ontario KOL 1PO
Canada
Dear Christine FitzSimons:
Re:
Draft Comprehensive Zoning By-law
Review of Environmental Protection (EP) Zone
Location: CON 3 S PT LOT 11, LOT 12 having Roll# 125400001508200
Land Owner: Mr. Petr Sabata
Dear Christine FitzSimons:
A site inspection was completed by myself on November 19th, 201 0 of lands located in Con 3 S
Pt Lot 1 1, Lot 12 having roll# 125400001 508200. The land owner, Mr. Petr Sabata was present.
The purpose of the site inspection was to review locations draft zoned as Environmental
Protection (EP) Zone in the North West section of the holding in response to objections by the
land owner. Please find attached an area of revised EP Zone as recommended resulting from the
site inspection. The recommended revision is the result of site observations of areas of higher
ground protruding through the areas of generally lower elevations.
In considering the passing of the comprehensive zoning by-law with respect to the recommended
revision, Council appears to have three options to consider:
1. Pass the draft Comprehensive Zoning By-law as currently presented and consider a
subsequent amending zoning by-law to reflect the more accurate mapping as provided
herein. The land owner would need to decide whether an appeal to the Ontario Municipal
ri
Board would be appropriate to ensure that the matter is addressed;
L
2. Defer the comprehensive zoning by-law until the Zone Schedules can be amended to
reflect the recommended changes; or,
G
J3. Pass the comprehensive zoning by-law as presented together with the revision of the
modified Environmental Protection (EP) Zone as recommended and attached.
Of the above-mentioned options, #3 is recommended.
if you require any assistance, please feel free to contact the undersigned.
c
Sincerely,
Paul Walsh MCIP, RPP
Planner
Cc:
H. Reilly, Ainley Graham and Associates
A. Leger, Ainley Graham and Associates
P. Sabta, Land Owner
Wollaston Township, Hastings County
Legend
Area Surrounding Part Lot 11 & Lot 12 Concession 3
Pre-Adjustment EP Area
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TOWNSHIP OF WOLLASTON
ZONING BY-LAW 50-10
TABLE OF C O N T E N T S
..................
SECTION 1 .
PURPOSE ................................................................................................. :
1
SECTION 2 .
TITLE ...........................................................................................................................
1
.............................................................................................................
SECTION 3 . DEFINITIONS
3
...................................................................................................
SECTION 4 .
ADMINISTRATION
27
ZONING ADMINISTRATION ............................................................................................ 27
..................................................................................
ISSUANCE OF BUILDING PERMITS
27
APPLICATIONS FOR BUILDING PERMITS ........................................................................ 27
INSPECTION OF LAND OR BUILDINGS ..........................................................................
28
VIOLATIONS AND PENALTIES .........................................................................................
28
OCCUPATION OF BUILDINGS ........................................................................................
28
VALIDITY. EFFECTIVE DATE AND EXISTING BY-LAWS ................................................... 28
APPI-ICATION ..................................................................................................................
29
INTERPRETATION ............................................................................................................
29
ZONES ................................................................................................................................
29
.
...........................................................................................
/i7%
~
SECTION 5 GENERAL PROVISIONS
31
..................................................................
ACCESSORY BUILDINGS AND STRUCTURES
31
ACCESSORY DWELLING HOUSE OR DWELLING UNIT IN A NON-RESIDENTIAL
............................................................................................................................
SETTING
31
ENVIRONMENTAL PROTECTION (EP) ZONES .................................................................
32
..........................................................................
ENVIRONMENTALLY SENSITIVE LANDS
33
..........................................................................................
EXISTING UNDERSIZED LOTS
33
.................................................................
EXISTING USES. BUILDING OR STRUCTURES
33
...........................................................................................................
EXTERNAL DESIGN
35
................................................................................................
FRONTAGE ON A STREET
35
...............................................................................................................
GARDEN SUITES
35
GROUP HOMES .............................................................................................................. 36
.............................................................................................................
HOLDING ZONES
36
.............................................................................................................
HOME INDUSTRY
36
....................................................................
.................................
HOME OCCUPATION
;
37
KENNELS ...........................................................................................................................
38
LANDS ADJACENT TO WATERBODIES. WATERCOURSES. EMBANKMENTS AND
..................................................................................................................
FLOODPLAINS
38
LANDS SEVERED BY PUBLIC UTILITY LINES .................................................................... 39
.............................................................
LIMITED SERVICE RESIDENTIAL DEVELOPMENT
39
..................................................................................
LOADING SPACE REQUIREMENTS
39
MANUFACTURED DWELLING HOUSES .......................................................................... 40
....................................................
MINIMUM DISTANCE SEPARATION REQUIREMENTS
41
............................................................................
MULTIPLE USESnONES ON ONE LOT
41
TOWNSHIP OF WOLLASTON .
COMPREHENSIVE ZONING BY-LAW
NOXIOUS USES ............................................................................................................... 41
OFF-STREET PARKING PROVISIONS ................................................................................ 42
......................................................................................................
OUTDOOR STORAGE
47
OUTDOOR FURNACES .................................................................................................... 48
PLANNED WIDTH OF STREET .......................................................................................... 48
PROHIBITIONS ................................................................................................................. 48
................
..........................................................................
PUBLIC USES AND UTILITIES
:
49
SIGHT TRIANGLES ...........................................................................................................
50
SETBACKS FROM WASTE DISPOSAL SITES AND MINERAL EXTRACTIVE ZONES .......... 50
STORAGE AND PARKING OF MOTOR VEHICLES/RECREATIONAL VEHICLES ............... 51
SWIMMING POOLS .......................................................................................................... 51
TEMPORARY USES ............................................................................................................
52
TRUCK. BUS. COACH BODIES ETC . AND HUMAN HABITATION ................................. 52
TRUCK TRAILER BOXES .................................................................................................... 52
USES REQUIRING WATERTAKING PERMITS ....................................................................
52
YARD ENCROACHMENTS AND HEIGHT EXCEPTIONS .................................................. 53
YARDS .
MARINE FACII-ITIES AND DOCKS ......................................................................
54
..................................................................................................
. .
SECTION 6 RU
RURAL ZONE
55
.............................................................................
. .
SECTION 7 RR RURAL RESIDENTIAL ZONE
57
..........................................................
SECTION 8 .
LSR .
LIMITED SERVICE RESIDENTIAL ZONE
59
...............................................................
.
SECTION 9 .
WR WATERFRONT RESIDENTIAL ZONE
61
..............................................................
.
SECTION 10 .
R1 RESIDENTIAL FIRST DENSITY ZONE
63
C
SECTION 1 1 .
R2 .
RESIDENTIAL SECOND DENSITY ZONE .......................................................
65
.......................................................................................
SECTION 12 .
C .
COMMERCIAL ZONE
68
SECTION 13 .
RRC .
RECREATIONAURESORT COMMERCIAL ....................................................
71
...........................................................................
SECTION 14 .
UI . URBAN INDUSTRIAL ZONE
75
SECTION 15 .
MX . MINERAL EXTRACTIVE ZONE .......................................................................
78
.............................................................................
SECTION 16 .
W D .
WASTE DISPOSAL ZONE
81
......................................................................
SECTION 1 7 .
CF .
COMMUNITY FACII-ITY ZONE
83
.......................................................................................
SECTION 18 .
OS .
OPEN SPACE ZONE
85
SECTION 19 .
EP . ENVIRONMENTAL PROTECTION ZONE ........................................................ 86
APPENDIX 'A'
. Minimum Distance Separation Formulae Implementation Guidelines
APPENDIX 'B'
. Narrow Water Bodies
TOWNSHIP OF WOLLASTON .
COMPREHENSIVE ZONING BY-LAW
3
SECTION 3 - DEFINITIONS
For the purposes of this by-law, the definitions and interpretations in this Section shall govern
unless the context indicates otherwise. the word "shall" is mandatory and not directory. Words
C
used in the present tense include the future tense and the reverse. Words used in the plural
number include the singular number and the reverse.
"ACCESSORY BUILDINGu shall-mean a detached building or structure, the use of which is
customarily incidental and subordinate to a principal (main) use, building or structure and
located on the same lot therewith and is not intended for human habitation unless
specifically permitted in this by-law.
"ACCESSORY USEu shall mean a use customarily incidental and subordinate to, and
exclusively devoted to the main use of the lot, building or structure and located on the
same lot as such main use.
"AGRICULTURAL PRODUCE SALES OUTLET" shall mean a seasonal use accessory to a
farm which consists of the retail-sale of agricultural products such as fruit, vegetables, flower
or farm produce, the majority of which are produced on the farm where such outlet is
located, and which shall not require a permit from the Township.
"AGRICULTUREIAGRICULTURAL USE" shall mean 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; agreforestry; 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.
"AGRICULTURE - RELATED USEu shall mean those farm-related commercial and farm-
related industrial uses that are small-scale and directly related to the farm operation and are
required in close proximity to the farm operation.
"ALTER" shall mean any alteration in a bearing wall or partition, column, beam, girder or
other supporting member of a building or structure or any increase in the area or cubic
contents of a building or structure. When used in reference to a lot, the word "alter" means
to decrease the width, depth or area of any required yard, setback, open space or parking
area or to change the location of any boundary of such lot with respect to a public highway
or laneway, whether such alteration is made by conveyance or alienation of any portion of
said lot or otherwise. The words "altered" and "alteration" shall have a corresponding
meaning.
"AMUSEMENT ARCADEu shall mean a building or place of amusement containing games
of chance andlor skill, including pinballlvideo games and billiards to be used by the general
public for recreational purposes and operated for a profit. this definition does not include
an establishment, the primary use of which is not an amusement arcade and in which not
more than 3 such games of chance are located.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LA W
4
"ARENAw shall mean a building or structure which includes spectator seating, two or more
seating areas for visiting teams and provisions for storage and access of ice cleaning
equipment and all other required equipment used for the purpose of organized activities
including sports and other group functions.
"ASSEMBLY OPERATION" shall mean the assembling of finished parts or materials into a
final product but shall not include any large scale manufacturing operation or any operation
discharging large amounts of liquids.
"AUCTION OUTLET" shall mean a building or part of a building where goods,
merchandise, substances, articles or things are sold at a public sale to the person who bids
or offers a higher price than any other is willing to pay.
"BASEMENT" shall mean that portion of a building or structure which is partly underground
and below the first floor and which has at least one half of its clear height above the
adjoining ground level.
"BASEMENT, WALKOUTw shall mean that portion of a building which is partly
underground, but which has more than 5O0/0 of the floor area not greater than .5 metres
below grade, and which has an entrance and exit at grade level.
"BED AND BREAKFAST ESTABLISHMENT" shall mean a singledetached dwelling
containing not more than 4 guest rooms used or maintained for the short-term
accommodation of the public, in which the owner supplies, for hire or gain, lodgings with
or without meals for 4 or more persons but does not include other establishments otherwise
defined or classified herein.
"BOATHOUSE, PRIVATEw shall mean a detached accessory building or structure which is
designed or used for the sheltering of a boat or other form of water transportation and
storage of household equipment incidental to the residential occupancy, which does not
exceed 4.1 m (1 3.45 ft.) in height, as defined in this by-law.
"BUILDING (when used as a noun)" shall mean a structure:
i)
occupying an area greater than 10 sq. metres (107.6 sq. ft.) consisting of a wall, roof
or floor or any of them or a structural system serving the function thereof including
all plumbing works, fixtures and service systems appurtenant thereto, or
ii)
occupying an area of 10 sq. metres (107.6 sq. ft.) or less that contains plumbing
including the plumbing appurtenant thereto.
"BUILDING HEIGHT" shall mean the vertical distance between the established grade and:
i)
the highest point of a flat roof;
ii)
the deck line of a mansard roof;
iii)
the mean height between the eaves and ridges of a gabled or hip roof;
but exclusive of:
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LA W
5
i)
a roof or penthouse structure accommodating an elevator, staircase, tank, ventilating
fan or other similar equipment; a smoke stack; barn; silo; communications tower;
drive-in theatre screen; or other utilitarian structure which does not provide
habitable living space.
"BUILDING SUPPLY OUTLET" shall mean a use, building or structure involved in the
storage, display and sales of building supplies including lumber, millwork, siding, roofing,
plumbing, electrical, heating, air conditioning and similar items.
"BUILDING, PRINCIPAL" shall mean a building or structure in which the primary use is
conducted.
"BULK STORAGE YARD" shall mean a place where land is used for the storage in the open
of goods and materials, machinery, petroleum products andlor equipment, but does not
include the storage of such items as would require approval under the Health Promotion
and Protection Act, as amended, nor does it include a salvage yard as defined by this by-
law.
"BUSINESS, ADMINISTRATIVE OR PROFESSIONAL OFFICE" shall mean any building or
part of a building in which one or more persons are employed in the management or
direction of any agency, business, brokerage, labour or fraternal organization and shall
include offices for doctors, dentists, optometrists, chiropractors, drugless practitioners,
barristers, solicitors, engineers, architects, land surveyors or chartered accountants and for
any purpose incidental thereto the administrative office or offices of a non-profit
organization or a business, administrative or professional office or offices.
"CABIN, SLEEP1 NG" shall mean an accessory and subordinate detached building or
structure with a maximum of 29.7 sq. m (320 sq. ft.) designed as sleeping accommodation
only, to permit the better or more convenient enjoyment of the principal residential
dwelling and shall not contain any plumbing or sanitary waste disposal systems. In no case
shall the definition of a sleeping cabin be deemed to include premises for the temporary
accommodation of members of the public for a fee. In the case of a sleeping cabin to be
located on a lot which is at least two times the minimum lot frontage and lot area required
by this by-law, a maximum gross floor area of 55.7 sq. m (600 sq. ft.) may be permitted.
"CABIN, TOURIST" shall mean a detached building for the sleeping accommodation of
guests in which sanitary facilities may be provided but shall not contain any facilities for the
preparation or cooking of food.
"CAMP, CHARITABLE" shall mean any land, buildings or structures operated as a seasonal
camp by a charitable corporation approved under the Charitable Institutions Act.
"CAMPER TRAILEWTENT TRAILER" shall mean any vehicle in which the assembly can be
erected, while stationary, using the trailer body and related components for support and
utilized for temporary living, shelter and sleeping accommodation with or without cooking
facilities, which is collapsible and compact while being drawn by a motorized vehicle.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
6
"CARPORTw shall mean a building or structure of which is used for the parking or storage
of private passenger motor vehicles or commercial vehicles of less than one tonne capacity
and wherein neither servicing nor repairing of motor vehicles is carried on for
remuneration.
"CAR WASH" shall mean a building or structure for the commercial operation of motor
vehicle washing.
,
"CAR WASH, AUTOMATIC" shall mean a car wash where the labour is not supplied by the
patron.
"CAR WASH, COIN-OPERATED" shall mean a car wash where the patron supplies the
labour.
"CARTAGE OR EXPRESS TRUCK TERMINAL" shall mean a building, structure or place
where trucks or tractor trailers are rented, leased, kept for hire, or stored or parked for
remuneration, or from which trucks or transports, stored or parked on the property, are
dispatched for hire as common carriers, and which may include a warehouse.
"CELLAR" shall mean the portion of a building or structure which is partly underground,
which has no windows and which has at least one half of its clear height below the
adjoining ground level.
"CERTIFICATE OF OCCUPANCY" shall mean a certificate issued by the Chief Building
Official for the occupancy of any land, building or structure, residential, commercial or
industrial purposes to the effect that the proposed use or activity complies with this by-law.
"CHIEF BUILDING OFFICIAL" shall mean the officer or employee of the Township and
appointed by the Corporation with the duty of administering the provisions of the Ontario
Building Code, Building By-law and Zoning By-law.
"CEMETERYw shall mean a cemetery or columbarium within the meaning of the Cemetery
Act, as amended.
"CLINIC" shall mean a building or part thereof used by qualified medical practitioners,
dentists, osteopaths, or drugless practitioners, numbering more than two for public or
private medical, surgical, physiotherapeutic or other human health purposes, but does not
include a private or public hospital.
"CLUB" see "PRIVATE CLUB" and "COMMERCIAL CLUB".
"COMMERCIAL" shall mean the use of land, buildings or structures for the purpose of
buying and selling commodities and supplying services as distinguished from such uses as
the manufacturing or assembling of goods, warehousing, transport terminals, construction
and other similar uses.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LA W
7
"COMMERCIAL CLUB" shall mean a building or part of a building where a club is
operated for gain or profit and may include facilities for physical fitness and recreation.
"COMMERCIAL VEHICLE" shall mean any motor vehicle having permanently attached
thereto a truck or delivery body and includes ambulances, hearses, fire apparatus, police
patrols, motor busses including school busses and tractor trailers used for hauling purposes
on the highway.
"COMMUNITY CENTRE" shall mean any tract of land, building or buildings used for
community activities whether used for commercial purposes or not, the control of which is
operated under the Community Centres Act, as amended from time to time and shall
include an elderly persons centre.
"CONSERVATIONICONSERVATlON USE" shall mean the preservation, protection,
improvement and use of land and/or water for the purpose of planned management of
these natural resources.
"CONTRACTOR'S YARD" shall mean a place where land is used for the storage in the
open, of goods and materials, machinery andlor equipment normally utilized by the
construction industry and may include the repair of machinery, but does not include the
storage of such items as would require approval under the Health Promotion and
Protection Act, R.S.O. 1980, Chapter 400, as amended, nor does it include a salvage yard
as defined by this by-law nor equipment or materials used for blasting.
"CONVENIENCE RETAIL STORE" shall mean a retail commercial establishment supplying
groceries and other daily household conveniences for sale or rental to the immediate area.
"CONVERTED DWELLING" see "DWELI-ING, CONVERTED"
"CORNER LOT" see "LOT, CORNER".
"CORPORATION" shall mean the Corporation of the Township of Wollaston.
"COTTAGE, HOUSEKEEPING" shall mean a temporary dwelling unit in a tourist
establishment designed for human habitation and equipped with a kitchen, and having a
water supply in common with the other buildings in a group, should the cottage be part of
a group of similar cottages.
"COUNCIL" shall mean the Municipal Council of the Corporation of the Township of
Wollaston.
"CRAFTERSIFARM GATE SALES OUTLET" shall mean a temporary indoor or outdoor
location for the retail sale of crafts and/or farm produce that may be produced and/or
grown on-site or elsewhere but which shall not function on a permanent basis as a retail
store, as defined in this by-law, and which shall require a permit from the Township to
operate.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
8
"DAY NURSERY" shall mean a facility operated for children within the meaning of The Day
Nurseries Act, as amended.
"DECK" shall mean a horizontal surface supported on piers, free of any roof or other
covering and which may be surrounded by a railing, the height of which is governed by
the Ontario Building Code.
!
"DEVELOPMENT" shall mean the construction, erection, or placing of a building or
structure of any kind or the making of an addition or alteration to a building or structure
that has the effect of increasing the size or usability thereof, and includes such related
activities as site grading and the placing or dumping of fill andlor any other operations that
disrupt the natural environment in, on, over or under land or water.
"DOCK" shall mean a level structure built at or anchored to the shore at which boats or
other floating vessels are berthed or secured to for the purpose of loading and unloading
and which may provide a foundation for a boathouse.
"DOCK, COMMUNAL" shall mean any dock owned and/or used by more than one
interest.
"DRY CLEANING SHOPIOUTLET" see
"LAUNDRY
AND/OR
DRY
CLEANING
SHOPIOU'I-LET".
"DRIVE-IN RESTAURANT" see "RESTAURANT, DRIVE-IN".
"DRIVEWAY" shall mean an area of land which provides vehicular access from the
travelled portion of a street to a parking aisle.
"DWELLING HOUSE" shall mean a building or structure or part of a building or structure
occupied or capable of being occupied for human habitation, and includes a building that
would be or would be intended to be used for such purposes except for its state of
disrepair.
i)
"ACCESSORY DWELLING HOUSE" shall mean a single dwelling unit which is
accessory to a permitted principal use and is designed for residential occupancy,
and necessary to the maintenance and operation of the principal use to which it is
related.
i i)
"CONVERTED DWELLING HOUSE" shall mean a dwelling house which has been
altered or converted so as to provide therein two dwelling units.
iii)
"DUPLEX DWELLING HOUSE" shall mean a dwelling house that is divided
horizontally into two (2) dwelling units.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
9
iv)
"LODGING DWELLING HOUSE" shall mean a dwelling house in which the
proprietor resides and in which long-term lodging with or without meals is supplied
by the proprietor for gain to not more than 4 guest rooms who are resident on an on-
going basis but does not include a bed and breakfast establishment.
v)
"MANUFACTURED DWELLING HOUSE" shall mean a dwelling house constructed
off-site but established for permanent habitation on a lot.
vi)
"RETIREMENT DWELLING HOUSE" shall mean a dwelling house designed for and
occupied by residents, the majority of whom are older, some of whom may be
disabled but ambulatory, wherein each dwelling unit has a separate entrance from a
common hall and a separate private bathroom but where common facilities for the
preparation and consumption of food are provided and common lounges, recreation
and basic medical care facilities may also be provided. The dining room may
permit guests to dine with occupants, paying or otherwise, on an occasional basis
only.
The accommodations shall be used as the principal residence of the
occupants and shall not be provided on a transient basis, and shall not include a
lodging dwelling house, as defined in this by-law. The dwelling units are regulated
as tenancies under the Tenant Protection Act.
vii)
"SEMI-DETACHED DWELLING HOUSE" shall mean a dwelling house containing
two (2) dwelling units separated vertically by a common wall.
viii)
"SINGLE-DETACHED DWELLING HOUSE" shall mean a building used, designed
and occupied as a single housekeeping unit.
3.58
"DWELLING UNIT" shall mean one or more habitable rooms located within a dwelling
house, or part of a dwelling house, occupied or capable of being occupied by one or more
persons as an independent and separate housekeeping establishment in which sanitary
conveniences are provided and in which facilities are provided for cooking or the
installation of cooking equipment with an independent entrance from outside the building
or from a common hallway or stairway inside the building. For the purposes of this by-
law, a dwelling unit does not include a trailer, as defined in this by-law, tourist cabin,
sleeping cabin, housekeeping cottage, accessory building or structure, or a room or suite of
rooms in a lodging house or tourist establishment, all as defined in this by-law.
3.59
"DWELLING UNIT AREA" shall mean the habitable area contained within the inside walls
of a dwelling unit, including a loft, but excluding any private garage, carport, porch,
veranda, attic, basement, cellar or sun room (unless such sun room is habitable in all
seasons of the year), and excluding public or common halls, stairways, and the thickness of
outside walls.
3.60
"EATING ESTABLISHMENT" shall mean a building or part of a building where food is
prepared andfor cooked for sale to the public, and includes a restaurant, a drive-in
restaurant, a take-out restaurant, a snack barldairy bar, coffee shop, a dining room, a cafe,
an ice cream parlour and a tea room but does not include a boarding or rooming house or
a portable canteen, as defined in this by-law.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LA W
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"ELDERLY PERSONS' CENTREw shall mean any facility intended primarily for the use of
elderly persons for purposes which include social, cultural, athletic or recreational
activities, and shall include any centre established under the Elderly Persons Centres Act,
as amended.
"EQUIPMENT SALESIRENTAL AND REPAIR ESTABLISHMENTw shall mean a building or
part of a building, structure or yard in which articles, machinery and equipment, including
heavy machinery are offered for rent and may be serviced or repaired, and may be offered
or kept for rent, lease or hire under agreement for compensation.
"ERECT" when used in this by-law includes construction, reconstruction, and relocation of
buildings and structures, and without limiting the generality of the work, also includes:
i)
any preliminary physical operation such as excavating, filling, regrading or draining;
ii)
altering any existing building or structure by adding, enlarging, extending,
remodelling, renovating, moving, demolishing, or effecting other structural changes;
iii)
any work for the doing of which a building permit is required under the Building
By-law of the Corporation; and
iv)
erect, erected or erection shall have a corresponding meaning.
"ESTABLISHED BUILDING LINE" shall mean the average setback of the existing buildings
from the street line on one side of a continuous 300 m (984.3 ft.) strip of land where three
or more lots having street access upon the same side of the street have been built.
"ESTABLISHED GRADE" shall mean the average elevation of the ground level or sidewalk
adjoining the front wall of the building or structure, where the front wall is the wall facing
the front lot line and contains the front entrance.
"EXISTING" unless otherwise described, shall mean existing as of the date of the passing of
this by-law.
"EXTERIOR SIDE LOT LINE" see "LOT LINE, EXTERIOR SIDE".
"EXTERIOR SlDE YARD" see "YARD, EXTERIOR SIDE".
"FAIRGROUND" shall mean land devoted to entertainment on a seasonal or temporary
basis and may include grandstands, barns and other accessory buildings normally
associated with such a use.
"FARM IMPLEMENT AND SUPPLY DEALER" shall mean an establishment for the repair
andlor sale of agricultural implements including the sale of fuel, lubricants and related items
for agricultural equipment on the same premises.
"FLOOD PLAIN" for river, stream and small inland lake systems, shall mean the area,
usually low lands adjoining a watercourse, which has been or may be subject to flooding
hazards.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
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3.72
"FLOODING HAZARD" shall mean the inundation, under the conditions specified below,
of areas adjacent to a shoreline or a river or stream system and not ordinarily covered by
water:
i)
along river, stream and small inland lake systems, the flooding hazard limit is the
greater of:
!
a)
the flood resulting from the rainfall actually experienced during a major
storm such as the Hurricane Hazel storm (1954) or the Timmins storm
(1961), transposed over a specific watershed and combined with the local
conditions, where evidence suggests that the storm event could have
potentially occurred over watersheds in the general area;
b)
the one hundred year flood; and
C)
a flood which is greater than a) or b) which was actually experienced in a
particular watershed or portion thereof as a result of ice jams and which has
been approved as the standard for that specific area by the Minister of
Natural Resources as the standard for a specific watershed (where the past
history of flooding supports the lowering of the standard).
3.73
"FLOOR AREA, GROSS" shall mean the total floor area of all the storeys of a building and
shall include the floor area of any apartment or areas common to the tenants, which floor
areas are measured between exterior faces of the exterior walls of the building at each floor
level, but excluding car parking areas within the building and any finished or unfinished
basement or cellar. For the purpose of this definition, the walls of an inner court are and
shall be deemed to be exterior walls.
3.74
"FLOOR AREA, GROUND" shall mean the floor area of the lowest storey of a building, or
manufactured dwelling house, approximately at or first above the finished grade level, of
which the area is measured between the exterior faces of the exterior walls at the floor
level of such storey, but excludes car parking areas within the building and any finished or
unfinished basement or cellar. For the purpose of this definition, the walls of an inner court
are and shall be deemed to be exterior walls.
3.75
"FLOOR, GROUND" shall mean the lowest storey of a building, approximately at or first
above the finished grade level.
3.76
"FOOD MARKET" shall mean a use, building or part of a building or structure wherein food
and other household items are kept for sale at retail to the general public and which
operates on a self-service, cash and carry basis and shall include a grocery store, butcher
shop, bakery or specialty food store but shall not include a convenience retail store.
3.77
"FORESTRYIFORESTRY USE" shall mean the management, development, cultivation and
harvesting of timber resources to ensure the continuous production of wood or wood
products, provision of proper environmental conditions for wildlife, protection against
floods and erosion, protection and production of water supplies, and preservation of the
recreation resource.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
12
3.78
"FOUNDATION" shall mean a system or arrangement of structural members including
footings, rafts or piles through which the loads from a building are transferred to supporting
soil or rock.
i 3.79
"FRONT LOT LINEw see "LOT LINE, FRONTn.
3.80
"FRONT YARD" see "YARD, FRONT".
,
3.81
'FUEL STORAGE TANK" shall mean a tank for the bulk storage of petroleum, gasoline,
fuel, oil, gas or flammable liquid or fluid but does not include a container for flammable
liquid or fluid legally and properly kept in a retail store or a tank for storage merely
incidental to some other use of the premises where such tank is located.
3.82
"FUNERAL HOME" shall mean a use, building, or a portion of a building or structure,
designed for the purpose of furnishing funeral supplies and services to the public and
includes facilities intended for the preparation of the dead human body for interment or
cremation.
3.83
"GARAGE, PRIVATE" shall mean a separate building or a part of a principal building used
for the parking or storage of motor vehicles including commercial vehicles of less than one
tonne capacity and wherein neither servicing nor repairing is carried on for remuneration.
P\
3.84
"GARAGE, PUBLIC" see "MOTOR VEHICLE SERVICE STATION".
L,
3.85
"GARDEN SUITE" shall mean a one-unit detached residential structure containing
bathroom and kitchen facilities that is ancillary to an existing residential structure and that is
designed to be portable, consisting of separate modular or panelized sections which are
designed to permit easy delivery to and assembly into one integral unit on a specific site,
and which are reusable and designed to permit easy disassembly for transport back to the
factory or to another site.
3.86
"GAS BAR" shall mean one or more gasoline pump islands, each consisting of one or more
gasoline pumps and may include a shelterkiosk andlor washroom, which shall not be used
for the sale of any product other than liquids and small accessories required for the
operation of motor vehicles and shall not be used for repairs, oil changes or greasing.
3.87
"GASOLINE PUMP ISLAND" shall mean a structure which is an accessory use intended to
provide gasoline for vehicles.
3.88
"GIFT SHOP" shall mean a building or part of a building where crafts, souvenirs, gifts or
similar items are offered or kept for sale at retail to the general public but shall not include
any other establishment otherwise defined or classified in this by-law.
+'
i/
3.89
"GOLF COURSE" shall mean a public or private area operated for the purpose of playing
golf and may include a par 3 or larger golf course, a miniature golf course and driving
range, a clubhouse, banquet facilities and canteen.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LA W
13
3.90
"GREENHOUSE" shall mean a building for the growing of plants, shrubs, trees and similar
vegetation which are primarily intended to be transplanted outdoors.
c
3.91
"GROUP HOME" shall mean a dwelling house or dwelling unit in which not fewer than
three and no more than six people, exclusive of staff, receive specialized or sheltered
residential care and accommodation by virtue of their physical, mental, emotional, social or
legal status and which is funded or licensed under a federal or provincial statute. Group
homes include a home for foster children, a home for elderly persons, a home for persons
with special needs and a home for people who are convalescing after hospital treatment
and are under medical supervision but does not include a facility maintained and operated
primarily for persons:
i)
who have been placed on probation under the Probation Act, The Criminal Code
(Canada) or the Juvenile Delinquent Act (Canada); or
ii)
who have been released on parole under the Ministry of Correctional Services Act;
the Parole Act (Canada) or the Provincial Offenses Act; or
iii)
who are admitted to the institution for correctional purposes.
3.92
"HEREAFTER" shall mean after the date of the passing of this by-law.
3.93
"HEREIN" shall mean in this by-law and shall not be limited to any particular section of this
by-law.
C
3.94
"HIGH WATER MARK" shall mean the mark made by the action of water under natural
conditions on the shore or bank of a body of water, which action has been so common and
usual and so long continued that it has created a difference between the character of the
vegetation or soil on one side of the mark and the character of the vegetation or soil on the
other side of the mark.
3.95
"HOME INDUSTRY" shall mean an industry which is clearly incidental or secondary to the
residential use of a singledetached dwelling house and is conducted either entirely within a
singledetached dwelling house by an inhabitant thereof or in an accessory building to a
singledetached dwelling house. Such home industry may include a woodworking shop, a
welding shop, a catering business, a blacksmith shop, a motor vehicle repair shop, a motor
vehicle body shop, or similar use.
3.96
"HOME OCCUPATION" shall mean a use which is clearly incidental or secondary to the
residential use of a singledetached, semidetached or duplex dwelling house. Such home
occupation may include, among others, an outlet or office for a real estate agent, hairstylist,
dressmaker, dentist, doctor, chiropractor, physiotherapist, massage therapist or other
drugless practitioner, accountant, and shall include a bed and breakfast establishment and a
day nursery, but shall not include a motor vehicle body shop.
8
4
C/
3.97
"HUNT CAMP" shall mean a base camp for recreational activities such as hunting and
fishing which provides seasonal or temporary accommodation only, in a location where
municipal and community services are usually not available, and which shall not be used
for habitation on a permanent basis.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LA W
14
3.98
"INTERIOR SIDE YARD" see "YARD, INTERIOR SIDE".
3.99
"KENNEL" shall mean a non-residential building, structure or other facility or part thereof,
C
where dogs are kept, boarded andlor bred and raised for profit or gain.
3.100 "LANDSCAPED BUFFER" shall mean an area not built upon and not used for any purpose
other than as a landscaped area and which shall include at least a hedgerow of hardy shrubs
or similar type of vegetation not less than 0.3 metres (1 ft.) in height at the time of planting
and which, when fully grown, will reach a height of not less than 2 metres (6.6 ft.),
extending the full length of the landscaped area and maintained in a healthy growing
condition but shall not include driveways, parking spaces or parking aisles.
3.101 "LAUNDRY AND/OR DRY CLEANING ESTABLISHMENT" shall mean a building or part of
a building used for the purpose of receiving articles or goods of fabric to be subjected to a
commercial process of laundering, 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 and shall include self-service laundry andlor self-service dry cleaning
establishments.
3.102 "LIVESTOCK" shall mean poultry, turkeys, cattle, hogs, horses, mink, rabbits, sheep, goats,
fur bearing animals or any other domesticated animal used for consumption.
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3.103 "LIVESTOCK FACILITY" shall mean one or more barns or permanent structures with
livestock-occupied portions, intended for keeping or housing of livestock and shall include
all manure or material storages and anaerobic digesters.
3.104 "LOADING SPACE" shall mean an unencumbered area of land which is provided and
maintained upon the same lot or lots upon which the principal use is located.
3.105 "LODGE" shall mean an establishment catering to the vacationing public by providing
meals and sleeping accommodation to at least five (5) guests in rooms or cabins, but shall
not include any establishment otherwise defined herein.
3.106 "LOGGING" shall mean the use of land, buildings or structures for the removal or cutting
of merchantable timber either by strip or clear or total cutting operations but does not
include the selective harvesting of mature timber nor does it include the clearing of land
incidental to putting the land into a condition necessary for the bonafide exercise of a use
specifically permitted herein and selective harvesting as used herein means the harvesting
of mature timber while causing a minimum of damage to adjacent growth in accordance
with good forestry practice.
I
3.107 "LONG TERM CARE FACILITY" shall mean the use of land, buildings or structures
providing extended or long term living facilities for persons who require full-time residential
medical care and shall include nursing homes, old age homes, homes for the aged, rest
homes, convalescent homes and municipal and charitable facilities which are owned and
operated by either the private for-profit sector or by non-profit corporations and are
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
15
regulated by provincial statute but which do not include public or private hospitals or
senior citizens' retirement dwelling houses.
C
3.108 "LOT" shall mean a parcel of land, under separate and distinct ownership from adjoining
lands and being described in a deed or transfer or other similar document legally capable of
conveying land and registered at the Land Registry office having jurisdiction for the lands
within the Township of Wollaston.
3.109 "LOT AREA" shall mean the total horizontal area within the lot line of a lot.
3.110 "LOT, CORNER" shall mean a lot situated at the intersection of two or more streets or
private roads, having an angle of intersection of not more than 135 degrees.
3.111 "LOT COVERAGE" shall mean that percentage of the lot area covered by all buildings or
structures but excluding any part of a building or structure which is constructed entirely
below grade. For the purposes of calculating lot coverage, the lot coverage of each zone
shall be deemed to apply only to that portion of such lot that is located within the said
zone.
3.112 "LOT DEPTH" shall mean the horizontal distance between the midpoints of the front and
rear lot lines, and where there is no rear lot line, lot depth means the length of a line within
the lot between the midpoint of the front lot line and the most distance point of the apex of
e
a triangle formed by the side lot lines.
3.113 "LOT FRONTAGE" shall mean the horizontal distance between the side lot lines, such
distance being measured along a line which is parallel to the front lot line and distant from
the front lot line a distance equal to the minimum required front yard depth. Where such
lot lines are not parallel, the lot frontage shall be the minimum distance between the side
lot lines measured on a straight line 6.096 m (20 ft.) back from, and parallel to, the front lot
line or in the case of a curved front lot line, 6.096 m (20 ft.) back from the tangent to a
curved line running parallel to the front lot line. The frontage of a corner lot which has a
sight triangle, shall be the minimum distance between the interior side lot line and a
projection of the side street line, and measured on a straight line i.e. 6.096 m (20 ft.) back
from, and parallel to, the front lot line. Lot Frontage shall not include the extent to which a
lot abuts the end of a street, other than a street which terminates in a culde-sac.
3.1 14 "LOT, INTERIOR" shall mean a lot other than a corner lot, or a through lot.
3.115 "LOT LINE" shall mean any boundary of a lot.
3.1 16 "LOT LINE, EXTERIOR SIDE" shall mean the longer of the lot lines of a corner lot which
abuts a street, as defined in this by-law.
i,
3.117 "LOT LINE, FRONT" shall mean, in the case of an interior lot fronting on a street, as
defined in this by-law, the line dividing the lot from the street. In the case of a corner lot,
the shorter lot line abutting a street shall be deemed the front lot line and the longer lot line
abutting a street shall be deemed an exterior side lot line. In the case of a through lot, the
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
16
lot line where the principal access to the lot is provided shall be deemed to be the front lot
line. In the case of a lot fronting only on a navigable waterway, the highwater mark of the
navigable waterway shall be deemed to be the front lot line. In the case of a lot fronting on
a navigable waterway and on a street, the lot line abutting the street shall be deemed to be
the front lot line. In the case of a lot fronting on a navigable waterway and a private road,
as defined in this by-law, the lot line abutting the private road shall be deemed to be the
front lot line. In the case of a lot fronting on a private road only, the line abutting the
private road shall be deemed to be the front lot line.
"LOT LINE, REARw shall mean the lot line farthest from and opposite to the front lot line
and where the side lot lines converge at the rear of the lot to form a triangular shaped parcel
of land, the rear lot line shall mean the apex of the triangle formed by the side lot lines.
Furthermore, where the rear lot line is situated adjacent to a body of water, such lot line
shall be the line formed by the high water mark of a body of water.
"LOT LINE, SIDE" shall mean any lot line other than the exterior side, rear or front lot line.
"LOT, THROUGH" shall mean a lot bounded on two opposite sides by streets provided
however that if any lot qualifies as being both a corner lot and a through lot as herein
defined, such lot shall be deemed a corner lot for the purpose of this by-law.
"LUMBER YARD" shall mean an area where finished and unfinished lumber is stored but
does not include an establishment or area otherwise defined in this by-law.
"MANUFACTURING OR PROCESSING PLANT" shall mean a plant in which the process
of producing a product by hand andlor mechanical power and machinery is carried on
systematically with division of labour.
"MARINA, PUBLIC/PRIVATEw shall mean a building or structure with access to a body of
water, where boats and boat accessories and parts are berthed, stored, serviced, repaired or
kept for sale and where facilities for the sale of marine fuels including petroleum products
and lubricants may be provided.
"MARINE/SNOWMOBILE DEALER" shall mean any building or structure used for the
purpose of supplying and selling marine and snowmobile products and may include repair
facilities for the purpose of repairing only those items either sold by or related to the
products supplied by the dealer.
"MARINE FACILITY" shall mean an accessory building or structure which is used to take a
boat into or out of a waterbody to moor, berth or store a boat and includes a boat launching
ramp, boat lift, pumping station, dock or boathouse and a water pumphouse but shall not
include any building used for human habitation or any boat service, repair or sales facility
and shall comply with the minimum side yard requirements of the respective zone, and
shall not include a marina as defined herein.
"MERCHANDISE SERVICE ESTABLISHMENTw shall mean a building or part of a building,
whether connected with a retail shop or not, in which persons are employed in furnishing
TO WNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LA W
17
the repair or servicing of articles, machines, goods or materials as opposed to the
manufacture of same and shall include such establishments as small engine repair of lawn
mowers, chainsaws and snowmobiles, among others.
C
3.127 "MINIMUM DISTANCE SEPARATION' shall mean a separation requirement as provided
for in Appendix A of this by-law, as established by the Ministry of Agriculture, Food and
Rural Affairs.
,
i)
Minimum Distance Separation I provides minimum distance separation for new or
expanding development from existing livestock facilities.
ii)
Minimum Distance Separation I I provides minimum distance separation for new or
expanding livestock facilities from existing or approved development.
3.128 "MOTOR VEHICLE" shall mean any vehicle propelled or driven otherwise than by
muscular power, but does not include railway cars powered by steam, electricity or diesel
fuel or other vehicles running upon rails or a motorized snow vehicle, traction engine, farm
tractor, self-propelled implement of husbandry or road-building machine within the
meaning of the Highway Traffic Act.
3.129 "MOTOR VEHICLE BODY SHOP" shall mean a building where motor vehicle cleaning,
polishing, body repair and repainting is conducted but shall not include any other motor
vehicle use.
C. 3.130 "MOTOR VEHICLE SALES AGENCY" shall mean a building and/or lot used for the display
and sale of new and used motor vehicles and may include the servicing, repair and
repainting of motor vehicles, the leasing or renting of utility or boat trailers and motor
vehicles and the sale of motor vehicle accessories and related products, but shall not
include any other defined automotive use.
3.131 "MOTOR VEHICLE SERVICE STATION" shall mean a building or place where gasoline,
propane, natural gas, diesel, oil, grease, anti-freeze, tires, tubes, tire accessories, spark
plugs, batteries and other related items for motor vehicles, trucks, motorcycles, and
snowmobiles are stored or kept for sale, or where such vehicles may be oiled, greased,
washed or have their ignitions or brakes adjusted, tires inflated, batteries charged or more
generally where repair or equipping of motor vehicles is executed or performed. A motor
vehicle service station may operate on a self-serve basis.
3.132 "MOTORIZED SNOW VEHICLE" shall mean a motorized snow vehicle within the meaning
of The Motorized Snow Vehicle Act.
3.133 "MUNICIPALITY" shall mean the Corporation of the Township of Wollaston.
3.134 "NON-COMPLYING USE" shall mean a permitted land use, building or structure existing at
the date of the passing of this by-law which does not fulfill the requirements of the zone
provisions (e.g. yard setbacks) for the zone within which it is located.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
18
3.135 "NON-CONFORMING USE" shall mean a lawful and specific use, building, structure or
land existing at the date of the passing of this by-law which is not longer a permitted use
within the zone in which it is situated.
C
3.136 "NUISANCEw shall mean any condition existing that is or may become injurious or
dangerous to health or that prevents or hinders or may prevent or hinder in any manner the
suppression of a disease.
,
3.137 "NURSERYIGARDEN CENTRE" shall mean:
i
a place where young trees or other plants are grown for transplanting or for sale,
and may also include the sale of related accessory supplies andlor
ii)
land used for the growing of sod, flowers, bushes, trees or other gardening,
landscaping or orchard stock for wholesale or retail sale andlor
iii)
a building or structure, and lands associated therewith, for the growing of flowers,
fruits, vegetables, plants, shrubs, trees or similar vegetation together with gardening
tools and implements which are sold at retail from such building or lot to the
general public and may include an office and equipment storage area for the
operation of a landscaping business and may include a greenhouse, as defined in
this by-law.
3.138 "NURSERY SCHOOLw see 'DAY NURSERY".
C
3.1 39 "NURSING HOME" see 'LONG-TERM CARE FACILITY".
3.140 "OPEN SPACEIOPEN SPACE USE" shall mean the open, unobstructed space on a lot,
including the open, unobstructed space accessible to all occupants of any residential or
commercial building or structure, which is suitable and used for the growth of grass,
flowers, bushes and other vegetation and may include any surface pedestrian walk, patio,
pool, or similar area, but does not include any driveway, ramp or parking spaces, parking
aisles, loading spaces, vehicular manoeuvring areas or similar areas.
3.141 "ORNAMENTAL STRUCTURE" shall mean any ornamental fountain, statue, monument,
cenotaph or other memorial or decorative structure not being part of or accessory to any
other structure.
3.142 "OUTDOOR FURNACE" shall mean a building or structure that is used to provide heat or
heated water to the main building on a lot but is separate from the main building on the lot.
3.143 "OUTSIDE STORAGE" shall mean an accessory storage area outside of the principal or
main building on the lot.
3.144 "PARK, PRIVATE" shall mean a park other than a public park.
,", L
3.145 "PARK, PLIBLIC" shall mean a recreational area owned or controlled by the Corporation or
by any Board, Commission or other Authority established under any statute of the Province
of Ontario or Government of Canada.
TOWNSHIP OF WOllASTON - COMPREHENSIVE ZONING BY-LA W
19
3.146 "PARK MODEL TRAILER" shall mean a recreational unit mounted on a single chassis
mounted on wheels designed to facilitate relocation from time to time, and designed as
living quarters for seasonal camping and may be connected to those utilities necessary to
supply installed facilities, with a gross floor area including lofts not exceeding 50 sq. m (538
sq. ft.) in set-up mode, and not having a width greater than 2.6 m (8.5 ft.) in the transit
mode. Further, all park model trailers shall comply with Canadian Standards Association
Standard No. 2241.
3.147 "PARKING AISLE" shall mean an area of land which abuts and provides direct vehicular
access to one or more parking spaces.
3.148 "PARKING ANGLE" shall mean the angle, equal to or less than a right angle, formed by the
intersection of the side of the parking space and line parallel to the aisle.
3.149 "PARKING AREA" shall mean an area of land which is provided and maintained and which
comprises all parking spaces, driveways, aisles, vehicular moving areas, entrances, exits and
similar areas used for the purpose of gaining access to or egress from the said parking
spaces.
3.150 "PARKING LOT" shall mean any parking area other than a parking area accessory to a
permitted use.
3.151 "PARKING SPACE" shall mean an area of land having a width of not less than 2.7 metres
C
(8.9 ft.) and a length of not less than 6 metres (19.69 ft.), exclusive of aisles or any other
land used for access or vehicular manoeuvring, for the temporary parking of one motor
vehicle. A parking space may be located in the open or within a private garage, carport,
building or other covered area and shall have adequate access to permit ingress and egress
of a motor vehicle from a street by means of driveways, aisles or similar areas.
3.152 "PERSON(S)" shall mean any human being, association, firm, partnership, private club,
incorporated company, corporation, agent, or trustee and the heirs, executors, or other legal
representatives of a person to whom the context can apply according to law.
3.153 "PERSONAL SERVICE ESTABLISHMENT" shall mean a building or part of a building in
which persons are employed in furnishing services and otherwise administering to the
individual and personal needs of persons and shall include such establishments as barber
shops, hairdressing salons, shoe repair and shoeshine shops and depots for collecting
drycleaning and laundry.
3.154 'PITw shall mean land or land under water from which unconsolidated aggregate is being o;
has been excavated, and that has not been rehabilitated, but does not mean land or land
under water excavated for a building or other work on the excavation site or in relation to
which an order has been made under the Aggregate Resources Act, and shall include
drilling and blasting and the processing of mineral aggregates including aggregate crushing,
screening and washing.
TOWNSHIP O f WOLLASTON - COMPREHENSIVE ZONING BY-LAW
2 0
3.155 "PLACE OF WORSHIP" shall mean a building which may include a church hall,
auditorium, sunday school, convent, monastery or other related uses, dedicated to public
worship by a recognized religion that is:
i)
charitable, according to the laws of Ontario;
ii)
organized for the conduct of religious worship; and
iii)
permanently established both as to the continuity of its existence sand as to its
religious beliefs and practices.
3.156 "PORTABLE CANTEEN" shall mean a vehicular and mobile facility where light meals and
drinks are prepared and served to the public and which does not necessarily provide for
consumption thereof on the premises and shall include a chip truck and mobile kitchen and
shall require a permit from the Township to operate.
3.157 "PRIVATE CLUB" shall mean a building or part of a building used as a meeting place for
members sharing a common interest, including a fraternal lodge or organization and a
labour union hall. Such private clubs shall not be operated for profit.
3.158 "PRIVATE CARACE" see "GARAGE, PRIVATE".
3.159 "PRIVATE PARK" see "PARK, PRIVATE".
3.160 "PRIVATE ROAD" shall mean a privately-owned lane used as a means of vehicular access
e
to private property which may or may not be a surveyed right-of-way.
3.161 "PUBLIC PARK" see "PARK, PUBLIC".
3.162 "PUBLIC STREET" see "STREET".
3.163 "PUBLIC WORKSlPUBLlC UTILITIES YARD" shall mean a lot which may include a
building or structure and also associated storage structures used for the storage,
maintenance or repair of equipment, machinery or motor vehicles used in connection with
civil works.
3.164 "QUARRY" shall mean land or land under water from which consolidated aggregate is
being or has been excavated and that has not been rehabilitated, but does not mean land or
land under water excavated for a building or other work on the excavation site or in relation
to which an order has been made under the Aggregate Resources Act and shall include
drilling and blasting and the processing of mineral aggregates including aggregate crushing,
screening and washing.
3.165 "REAR LOT LINE" see "LOT LINE, REAR".
- L
3.166 "REAR YARD" see "YARD, REAR"
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LA W
2 1
3.167 "RECREATIONAL ESTABLISHMENT, COMMERCIAL" shall mean a building used or
intended to be used for a bowling alley, curling rink, swimming pool, health club, athletic
club or similar uses, on a commercial basis.
3.168 "RECREATIONAL USE, ACTIVE OUTDOOR" shall mean uses such as baseball diamonds,
golf courses, including a miniature golf course and/or driving range, lawn bowling greens,
tennis courts, outdoor skating rinks and swimming pools, together with accessory buildings
and structures but does not include an arcade or a track for the racing of animals, motor
vehicles, snowmobiles, motorcycles or bicycles.
3.169 "RECREATIONAL USE, PASSIVE OUTDOOR" shall mean such uses as hiking and ski trails,
nature observation locations and open space as opposed to (for example) tennis courts, golf
courses and baseball diamonds.
3.170 "RECREATIONAL VEHICLE" means a structure designed to provide temporary living
accommodation for travel, vacation, or recreational use, and to be driven, towed or
transported. Living accommodations may include sleeping, kitchen, bathroom, and system
for fresh and waste water, 110/12V electricity, propane, heating, air conditioning, and
entertainment. It has an overall length not exceeding 12.5 metres (41 ft.) and an overall
width not exceeding 2.6 metres (8.5 ft.), where the width is the sum of the distance from the
vehicle centreline to the outermost projections on each side (including door handles, water
connections, etc.) when the vehicle is folded or stowed away for transit.
e
3.171 "RESIDEN'TIAL" shall mean the use of land, buildings, or structures for human habitation.
3.172 "RESTAURANT" shall mean a building or part of a building where food is prepared andlor
cooked and offered for sale or sold to the public and where dining tables and table service
are provided.
3.173 "RESTAURANT, DRIVE-IN" shall mean a use, building or structure where food is prepared
and/or cooked and offered for sale or sold to the public for consumption either in a motor
vehicle parked on the parking lot or for consumption on the premises and where dining
tables may be provided but table service is not provided, but shall not include a portable
canteen, as defined in this by-law.
3.174 "RESTAURANT, TAKE-OUT" shall mean a use, building or structure where food is prepared
and/or cooked and offered for sale or sold to the public and where neither dining tables nor
table service are provided.
3.175 "RETAIL STORE" shall mean a building or part of a building where goods, merchandise,
substances, articles or things are offered for retail sale directly to the general public and
includes storage on the store premises of such goods, merchandise, substances, articles or
things sufficient only to service such store.
r
L
3.176 "RETAIL STORE, CONVENIENCE" shall mean a retail store serving the daily or occasional
needs of the residents in the immediate area with a variety of goods such as groceries,
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LA W
22
meats, beverages, dairy products, patent medicines, sundries, tobacco, stationery,
hardware, magazines and newspapers.
3.177 "SALVAGE YARD" shall mean a fenced lot andlor land for the storage andlor handling of
scrap material, which, without limiting the generality of the foregoing, may include
vehicles, tires, metal, used bicycles, waste paper andlor other scrap material and salvage.
I
3.178 "SAUNA" shall mean an accessory enclosed structure which does not exceed 10 square
metres (107.6 sq. ft.) in area with an approved heating device to produce steam.
3.179 "SAW AND/OR PLANING MILL" shall mean a building, structure or area where timber is
cut, sawed or planed, either to finished lumber or as an intermediary step and may include
a chipper and facilities for the kiln drying and storage of lumber and may or may not
include the distribution of such products on a wholesale or retail basis.
3.180 "SCHOOL" shall mean an elementary or secondary school under the jurisdiction of the
Public Board of Education or the Roman Catholic Separate School Board, a private school, a
technical school, a vocational school, a college, a university or other educational
institution, but not including a school for profit.
3.181 "SELF-STORAGE BUILDING" shall mean a building (or part thereof) containing individual
doorways each accessing a fully enclosed room that is used for storage of inactive and
stable dry goods only.
c. 3.182 "SEMI-DETACHED DWELLING" see
"DWELLING,
SEMI-DETACHED
DWELLING
HOUSE".
3.183 "SETBACK" shall mean the least horizontal dimension between the centreline of a street
allowance, measured at right angles to such centreline, and the nearest part of any building,
structure or excavation on the lot, or the nearest outside storage use on the lot.
3.184 "SHORELINE" shall mean any lot line or portion thereof that abuts a waterbody.
3.185 "SIDE LOT LINE" see "LOT LINE, SIDE".
3.186 "SIDE YARD" see "YARD, SIDE"
3.187 "SIGHT TRIANGLE" shall mean an area free of buildings or structures, which area is
determined by measuring from the point of intersection of street lines on a corner lot or
where a corner is rounded from the point at which the extended street lines meet, the
distance required by this by-law along each such street line and joining such points with a
straight line thereby creating a triangular-shaped parcel of land. This triangular-shaped
parcel of land located between the intersecting street lines and the straight line joining the
i
points located the required distance along the street lines is the sight triangle.
3.188 "SINGLE-DETACHED DWELLING" see "DWELLING, SINGLE-DETACHED DWELLING
HOUSE".
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LA W
2 9
4.7.2
Effective Date
'this by-law shall come into force and take effect upon being passed by the Council of the
Township of Wollaston.
4.7.3
Existing By-laws
All by-laws in force within the Corporation of the Township of Wollaston regulating the use
of lands and the character, location, bulk, height and use of buildings and structures are
amended insofar only as it is necessary to give effect to the provisions of this by-law and the
provisions of this by-law shall govern unless otherwise specified.
4.7.4
Repeal of Existing Zoning By-law
By-law No. 8-79 as amended of the Corporation of the Township of Wollaston is hereby
repealed in its entirety.
APPLICATION
This by-law shall apply to all lands within the Township of Wollaston, and shall take effect
on the day it is enacted.
4.9
INTERPRETATION
Nothing in this by-law shall be construed to exempt any person from complying with the
requirement of any by-law of the Township of Wollaston or the Corporation of the County
of Hastings or from any law of the Province of Ontario or Canada, or any regulations under
the provisions of the Conservation Authorities Act of a Conservation Authority having
jurisdiction or from any other law in force from time to time.
4.9.1
In this by-law, the word "shall" is mandatory.
4.10
ZONES
4.10.1 For the purpose of this by-law, the Township of Wollaston has been divided into zones, the
boundaries of which are shown on the attached schedules.
4.10.2 The attached schedules are detailed maps for portions of the Township of Wollaston.
4.10.3 The zones are referred to by the following names or symbols and are identified on the
attached schedules inclusive by the following symbols:
ZONE
SYMBOL
PAGE NO.
RURAL ZONE
RURAL RESIDENTIAL ZONE
LIMITED SERVICE RESIDENTIAL ZONE
WATERFRONT RESIDENTIAL ZONE
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
RESIDENTIAL FIRST DENSITY ZONE
RESIDENTIAL SECOND DENSITY ZONE
COMMERCIAL ZONE
RECREATIONAURESORT COMMERCIAL ZONE
INDUSTRIAL ZONE
MINERAL EXTRACTIVE ZONE
WASTE DISPOSAL ZONE
COMMUNITY FACILITY ZONE
OPEN SPACE ZONE
ENVIRONMENTAL PROTECTION ZONE
R 1
R 2
C
RRC
I
MX
WD
CF
0 s
EP
4.10.4 Where the boundary of any zone is uncertain, and the boundary is shown following a street,
lane, railway right-of-way, electric transmission line, right-of-way or watercourse, then the centre
line of the street, lane, railway right-of-way, electric transmission line, right-of-way or
watercourse is the zone boundary.
4.10.5 Where the boundary line of a zone does not correspond to a property line, to the centre line of
a street, highway line, right-of-way or watercourse, the location of said boundary line shall be
scaled from the scale shown on the attached schedules.
4.10.6 Where the boundary of any zone is uncertain and notwithstanding the provisions of this
subsection, the dimensions contained in any amending by-law shall apply.
4.10.7 Where the regulations of a zone include a requirement that the minimum yard of a lot or parcel
of land shall be a specific number of metres, such minimum yard shall be determined by
measuring at right angles from either the street line of the public street or the lot line abutting
such yard in the direction of such lot or parcel of land a distance equal to the said specific
number of metres in the relevant regulation of such zone.
4.10.8 The minimum lot area shall be as contained in the appropriate section of this by-law for the
zone in which the lot is located.
4.10.9 All uses of land and the erection or use of any building or structure for a purpose not permitted
under the "Permitted Use" subsection of one or more zones established by this by-law are and
shall be deemed to be prohibited in each such zone, except for those uses of land and the
erection or use of any building or structure for a purpose expressly permitted under the
applicable provisions of this by-law.
4.10.10 For the purposes of this by-law:
a)
Rural Residential (RR), Waterfront Residential (WR), Residential First Density (Rl),
Residential Second Density (R2) are residential zones.
b)
Commercial (C) and Recreational Resort Commercial (RRC) are commercial zones.
C)
Industrial (I), Mineral Extractive (MX) and Waste Disposal (WD) are industrial zones.
4.10.11 Where a lot is divided into more than one zone under the provisions of this by-law, each
f l
such portion of the lot shall be used in accordance with the zone provisions of this by-law
L,
for that portion of the lot, including lot area and lot frontage.
4.10.12 Imperial units are provided for convenience only and shall not be used to determine the
requirements of the by-law.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
SECTION 5 - GENERAL PROVISIONS
5.1
ACCESSORY BUILDINGS AND STRUCTURES
C
5.1.1
No person shall use an accessory building for human habitation except where it is
permitted as an accessory use in the applicable zone.
,
5.1.2
Notwithstanding the provisions of section 5.32 of this by-law entitled 'Temporary Uses' to
the contrary, no accessory building shall be erected prior to the erection of a principal
building or structure.
5.1.3
The total lot coverage of accessory buildings and structures including detached private
garages shall not exceed five (5) percent of the lot area except where a swimming pool or
tennis court is provided, in which case the total lot coverage for accessory uses shall not
exceed twenty (20) percent. In no case shall the lot coverage of all buildings on a lot
exceed the maximum lot coverage of the principal use set out in the applicable provisions
of this by-law.
5.1.4
Except in a Rural (RU) zone, any accessory building shall be erected to the rear of the
projected front wall of the principal building in accordance with the provisions of the
particular zone. An accessory building in the Rural (RU) zone shall be permitted to locate
to the front of the projected front wall of the principal building, provided it meets the
minimum front yard requirement of the Rural (RU) zone. An accessory building in the
Rural (RU) zone shall meet the additional requirements of the RU zone for accessory
buildings.
5.1.5
The minimum distance of any accessory building from a principal building shall be 3.0
metres (9.8 ft.).
5.1.6
An accessory building shall not be built closer to any lot line than the minimum distance
required by this by-law except that common semidetached garages and private mutual
docks may be erected on a mutual side lot line.
5.1.7
In the case of a sleeping cabin to be located on a lot which has at least two times the
minimum lot frontage and two times the minimum lot area required by this by-law, the
maximum gross floor area of the sleeping cabin may be increased to 55.7 sq. m (600 sq. ft.).
5.1.8
The total gross floor area of all accessory buildings and structures shall be less than the total
gross floor area of the principal use.
5.2
ACCESSORY DWELLING HOUSE OR DWELLING UNIT IN A NON-RESIDENTIAL ZONE
Where permitted by this by-law, an accessory dwelling house or dwelling unit may be
provided, in accordance with the following regulations:
i)
An accessory singledetached dwelling house as a separate structure or an accessory
dwelling unit shall be permitted, if occupied by the owner, caretaker, watchman or
similar person, provided that such person is employed on the lot on which such
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
ii)
iii)
vi)
3 2
dwelling house or unit is located and that the lot can be serviced by a potable water
supply and sewage disposal system having the approval of the appropriate
authorities.
An accessory dwelling house shall have a minimum gross floor area of 74.3 square
metres (800 sq. ft.) and where there is more than one floor, a minimum ground floor
area of 44.5 square metres (479.0 sq. ft.).
An accessory dwelling house shall meet the yard and height requirements of the R1
zone and the lot area, lot frontage and all other requirements of the zone in which it
is located.
An accessory dwelling unit within a non-residential building shall have a minimum
gross floor area of 55 square metres (592.0 sq. ft.).
An accessory dwelling unit shall be permitted in a portion of a non-residential
building, except in the case of a motor vehicle service station or motor vehicle sales
agency where such dwelling unit shall not be permitted.
An accessory dwelling unit shall have bathroom and kitchen facilities separate from
those of the non-residential use and a separate building entrance to that provided for
the non-residential use.
An accessory dwelling unit shall contain storage facilities having a minimum area of
2.8 sq. m (30 sq. ft.).
An accessory dwelling house and an accessory dwelling unit shall each provide
parking spaces, in accordance with the requirements of this by-law, that are separate
from and in addition to those required by the parking requirements of this by-law for
the principal use.
Notwithstanding the provisions of clause 5.2(iv) above, the gross floor area of the
residential portion (i.e. the accessory dwelling unit) of a non-residential building in a
commercial zone shall not exceed one hundred (100) percent of the non-residential
floor area.
5.3
ENVIRONMENTAL PROTECTION (EP) ZONES
5.3.1
Waterbodies and permanent watercourses are hereby zoned Environmental Protection (EP)
and shown on the attached schedules.
5.3.2
Lands that may pose a threat to life and property because of inherent physiographic
characteristics such as floodplains, erosion hazards, poor drainage, organic soil, steep
slopes or other similar physical limitations have been zoned Environmental Protection (EP)
and shown on the attached schedules.
5.3.3
Notwithstanding any other provisions of this by-law to the contrary, all uses, buildings or
structures within the Environmental Protection Zone may continue to be used for those uses
existing as of the date of passage of this by-law.
r
5.3.4
Lands zoned as Environmental Protection (EP) may be used in calculating minimum lot area
ii
but may not be used in calculating minimum lot frontage requirements.
However, a
minimum of fifty percent (5O0lO) of the required lot area must be provided on the lot outside
any EP zone on the lot.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
3 3
5.4
ENVIRONMENTALLY SENSITIVE LANDS
5.4.1
Environmentally Sensitive Lands are those lands identified as natural heritage areas and
systems having significant biological, geological, zoological or other unique natural features
C
such as wildlife habitat, areas of natural and scientific interest, habitat of threatened or
endangered species, woodlands and valley lands.
5.4.2
Development of environmentally sensitive lands is subject to a Holding symbol and may be
developed in accordance with the underlying zone classification. Removal of the Holding
symbol is subject to receipt of comments from appropriate agencies including the Crowe
Valley Conservation Authority and to passage of a by-law to remove the Holding symbol
(Section 36 of the Planning Act), approved by the Township of Wollaston.
5.4.3
Crowe Valley Conservation Authority has enacted Ontario Regulation 159106 to review
development proposals with environmentally sensitive andlor natural hazard physiographic
characteristics.
All development or site alteration proposals within the Crowe Valley
Conservation Authority's regulated area must conform to these regulations.
5.5
EXISTING UNDERSIZED LOTS
Notwithstanding any other provision of this by-law to the contrary, where a lot that existed
prior to the date of passing of this by-law has a lesser lot area andlor frontage than required,
or, where such lot is created as a result of an expropriation or acquisition by a public
authority, such smaller lot may be used and a building or structure may be erected, altered
or used provided that there is compliance with all other applicable zone provisions of this
by-law.
5.6
EXISTING USES, BUILDING OR STRUCTURES
5.6.1
Continuation of Existing Uses
The provisions of this by-law shall permit 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 on the date of passing of this by-law, so long as it continues to be used for
that purpose.
5.6.2
Permitted Exterior Extension
A building, which before the date of passing of this by-law, was used for a purpose not
permissible within the zone in which it is located shall not be enlarged or extended unless
such building is thereafter to be used for a purpose permitted within such zone and
complies with all requirements of this by-law for such zone, or unless the requirements of
Section 45 of the Planning Act, R.S.O. 1990 are first complied with.
'w
5.6.3
Permitted Interior Alteration
The interior of any building lawfully used before the date of passing of this by-law for a use
that is not permitted within the zone in which such building is located may be
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
34
reconstructed or structurally altered in order to render the same more convenient or
commodious for the same purpose for which, before the passing of this by-law, such
building was used.
5.6.4
Restoration to a Safe Condition
Nothing in this by-law shall prevent the strengthening or restoration to a safe condition of
any building or structure or part thereof lawfully used on the date of passing of this by-law
provided that the strengthening or restoration does not increase the building height, size or
volume or change the use of such building or structure.
5.6.5
Reconstruction of Damaged Existing Buildings or Structures
Nothing in this by-law shall apply to prevent the reconstruction of any lawful non-
conforming building or structure which is damaged by causes beyond the control of the
owner provided the original height and ground floor area are not increased.
5.6.6
Change of Use
The use of a lot, building or structure, which under the provisions hereof is not permissible
with the zone in which such use, lot, building or structure is located, shall not be changed
except to a conforming use.
r
5.6.7
Permitted Non-Complying Buildings or Structures
Nothing in this by-law shall prevent the enlargement, extension, reconstruction, renovation,
repair or alteration of a building or structure which existed at the date of passing of this by-
law which is used for a purpose specifically permitted within the zone in which such
building or structure is located. Where such building or structure does not comply with the
setback or setbacks of one or more yards that is or are required, such setback or setbacks
shall not be further reduced and all other provisions of this by-law shall be complied with.
5.6.8
Floor Area Less than Required
Nothing in this by-law shall prevent an extension or addition being made to a permitted
dwelling house, which dwelling house existed at the time of passing of this by-law but
which has a gross floor area or dwelling unit area less than required by this by-law,
provided such extension or addition does not contravene any other provision of this by-law
and achieves the minimum gross floor area as required.
5.6.9
Private Right-of-way
Notwithstanding the provisions of this by-law, where a building has been erected prior to
the passing of this by-law on a lot which fronts on a private right-of-way registered on title
and which provides legal access to an improved public street, the provisions of this by-law
shall not apply to prevent the enlargement, alteration, extension, renovation or
reconstruction of such a building or structure, provided the use of such building or structure
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
3 5
is permissible in the zone in which it is located and that all other applicable zone
provisions of this by-law are complied with.
5.7
EXTERNAL DESIGN
The following building materials shall not be used for more than 5 percent of the exterior
vertical facing of any wall of any residential building within the Township:
'
i)
building paper;
ii)
asphalt roll-type siding;
iii)
insulbrick.
5.8
FRONTAGE ON A STREET
No person shall erect any building or structure in any zone, except in a Limited Service
Residential (LSR) Zone, unless the lot upon which such building or structure is to be erected
fronts upon a street, as defined in this by-law. The above provisions shall not apply to
prohibit the erection of any building on a lot on a registered plan of subdivision where a
subdivision agreement has been entered into but in which the streets will not be assumed
until the end of the maintenance period.
5.9
GARDEN SUITES
f'
Notwithstanding any other provisions of this by-law to the contrary, garden suites, as
v
defined in this by-law, shall be permitted subject to the following requirements:
i
the gross floor area shall be a minimum of 49 square metres (527.4 sq. ft.) and a
maximum of 65 square metres (699.7 sq. ft.);
ii)
the dwelling unit shall be self-contained and shall have a private entrance;
iii)
the sanitary sewage disposal, water supply and electrical services for the suite shall
be derived from and connected to the services of the singledetached dwelling upon
which lot the garden suite is situated, subject to the approval of the authorities
responsible for the various services;
iv)
all of the provisions of the respective zone in which the garden suite is situated shall
be complied with in addition to the following special criteria:
a)
Rear Yard (Minimum)
4.5 metres (14.8 ft.)
b)
Building Height (Maximum)
4.5 metres (1 4.8 ft.)
C)
Separation Distance from the
4.5 metres (14.8 ft.)
Principal Dwelling (Maximum)
V)
the owner/occupant of the detached dwelling upon which lot the garden suite is
situated and the occupant of the garden suite shall enter into an agreement with the
Township pursuant to the Municipal Act stating that the owner of the detached
dwelling and the occupant of the garden suite are related by blood or marriage, the
age of the occupant of the garden suite, that no other individual(s1 will occupy the
garden suite, and that the garden suite will be removed when it is no longer needed;
vi)
access from a street to a garden suite shall be obtained by the driveway serving the
principal dwelling on the lot;
vii)
a garden suite shall be located behind the principal dwelling house on the property;
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
36
viii)
the placement of a garden suite on a lot shall be subject to site plan control pursuant
to the Planning Act to ensure all servicing, buffering, parking and other issues are
addressed, in addition to the minimum yard requirements noted above;
ix)
a temporary use shall be subject to a zoning by-law is passed by Council in
accordance with the provisions of the Planning Act, which shall be in place for a
period not exceeding ten (1 0) years.
5.10
CROUP HOMES
Group homes are permitted in the Rural Residential (RR), Waterfront Residential (WR),
Residential First Density (Rl) and Residential Second Density (R2) zones. Group homes are
subject to the following provisions in addition to those of the residential zone in which they
are located:
i
Occupancy:
A group home shall occupy the whole of the residential dwelling.
ii)
Gross Floor Area (Minimum) (including staff andlor receiving family):
1 8 square metres (1 93.8 sq. ft.) of gross floor area per adult resident;
-
9 square metres (96.9 sq. ft.) of gross floor area per child resident.
iii)
Rear Yard Amenity Area (Minimum):
14 square metres (1 50.7 sq. ft.) for each group home resident, exclusive of
staff or receiving family, and not less than a total of 100 square metres
(1,076.4 sq. ft.) for each group home.
iv)
Separation Distance (Minimum):
500 metres (1,640.4 ft.) from any other group home.
V)
Off-street parking shall be provided in accordance with the provisions of this by-
law.
HOLDING ZONES
5.11.1 Where any zone symbol as shown on the attached schedules is followed by the symbol "h",
this signifies that no person shall use any land, erect, alter, enlarge, use or maintain any
building or structure until such time as the holding symbol has been removed by the
Township in accordance with the provisions of the Planning Act. Upon removal of the
holding symbol, the permitted use of the subject property and the erection of any buildings
or structures thereon shall be undertaken in accordance with the provisions of the
underlying zoning category.
5.11.2 Where a Holding zone is in effect, uses, building or structures existing prior to the passing
of this by-law and accessory uses thereto may be enlarged, reconstructed, renovated or
replaced in accordance with the relevant zone regulations where such use is normally
permitted.
HOME INDUSTRY
5.12.1 Home industries, as defined in this by-law, are permitted in the Rural (RU) and Rural
Residential (RR) zones only. Home Industries shall be established and operated
in
accordance with the following:
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
i)
outside storage of goods or materials shall comply with the provisions of this by-
law for outside storage (Section 5.23);
ii)
there is no display, other than a sign of a maximum size of 1.1 square metres (1 1.8
sq. ft.) to indicate that any part of the dwelling or accessory building is being used
for a purpose other than residential, and such sign shall be set back a minimum of 3
metres (9.8 ft.) from any lot line;
iii)
the home industry is clearly secondary to the main residential use sand does not
change the residential character of the dwelling house nor create or become a
public nuisance with regard to, in particular, noise, noxious udours, emission of
smoke, traffic or parking;
iv)
where an interior side yard andlor rear yard abuts a residential zone, then interior
side yard andlor rear yard shall be a minimum of 15 metres (49.2 ft.) within which
the outside storage of goods or materials shall not be permitted;
V)
the home industry does not interfere with telecommunications reception;
vi)
a limited retail function may be carried on but no goods, wares or merchandise shall
be publicly offered or exposed for sale on the premises outside of any buildings;
the limited retail function shall be incidental and subordinate to the home industry;
vii)
on-site parking is provided in accordance with the provisions of this by-law;
viii)
any accessory building or structure shall not exceed 50 sq. metres (538.2 sq. ft.);
ix)
the home industry may employ no more than two (2) employees not residing in the
dwelling house;
X)
one commercial vehicle associated with the home industry is permitted.
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5.13
HOME OCCUPATION
5.13.1 Home occupations, as defined in this by-law, are permitted in the Rural (RU), Rural
Residential (RR), Waterfront Residential (WR), Residential First Density (R1) and Residential
Second Density (R2) zones only. Home occupations shall be established and operated in
accordance with the following:
i)
there is no display, other than a sign of a maximum size of .55 square metres (6.0
sq. ft.) to indicate that any part of the dwelling is being used for a purpose other
than residential, and such sign shall be set back a minimum of 3 metres (9.8 ft.)
from any lot line;
ii)
the home occupation is clearly secondary to the main residential use and does not
change the residential character of the dwelling house nor create or become a
public nuisance in regard to, in particular, noise, noxious udours, emission of
smoke, traffic or parking;
iii)
the home occupation does not interfere with telecommunications reception;
iv)
not more than 25 percent of the gross floor area of the dwelling house is used for
the purposes of home occupation uses except in the case of a bed and breakfast
establishment, as defined in this by-law and where permitted in this by-law, in
which situation the applicable zone provisions of this by-law including this by-law's
parking provisions shall apply;
V)
the home occupations shall be conducted entirely within the dwelling house;
vi)
the home occupation may employ one (1) person in addition to persons residing in
the dwelling house;
vii)
on-site parking is provided in accordance with the provisions of this by-law.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
5.14
KENNELS
5.14.1 Kennels shall be permitted in the Rural (RU) and Rural Residential (RR) zones only.
G
5.14.2 Kennels shall be set back a minimum of 90 metres (295.3 ft.) from all lot lines. All other
provisions of the RU and RR zones shall apply.
5.14.3 The establishment and operation of kennels shall be in accordance with the Township's
Kennel By-law No. 19-09.
5.15
LANDS ADJACENT TO WATERBODIES, WATERCOURSES, EMBANKMENTS AND
FLOODPLAINS
5.15.1 Notwithstanding anything in this by-law to the contrary, no building permit shall be issued
for any building to be constructed within those areas delineated in 5.15.2 and 5.15.3
without the prior written approval of the Crowe Valley Conservation Authority.
5.15.2 No building or structure, including a municipal drain (except where a municipal drain
forms part of a road allowance) shall be located within the flood plain of a watercourse,
notwithstanding that such watercourse is not shown on any schedule forming part of this
by-law.
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5.15.3 Notwithstanding anything in this by-law, no building, structure, or septic tank installation
including the weeping tile field ('no development') shall be located:
i)
within 30 metres (98.4 ft.) of the highwater mark of a waterbody or permanent
watercourse, notwithstanding that such body or watercourse is not shown on any
schedule forming part of this by-law; or
ii)
within 15 metres (49.2 ft.) of the top of bank; or
iii)
within 120 metres (393.7 ft.) of any wetland greater than two hectares (4.94 acres)
and 30 metres (98.4 ft.) for those wetlands less than 2 hectares (4.94 acres).
5.15.4 The provisions of subsections 5.1 5.2 and 5.1 5.3 shall not apply to buildings, structures and
services requiring direct access to the water as an operational necessity such as a
boathouse,
marina or marine service building or facility, as defined in this by-law,
pumphouse or other similar structure.
5.15.5 In the absence of detailed mapping, and where a flooding or erosion hazard is suspected,
Council, in consultation with the Crowe Valley Conservation Authority, will require that a
proponent of development detail the extent of any hazard lands and the measures that
would be required to address the following requirements:
i
that vehicles and people have a way of safely entering and exiting the area during
times of flooding, erosion and other emergencies;
ii)
that new hazards are not created and existing hazards are not aggravated and that
no adverse environmental impacts result;
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
3 9
iii)
that the hazards can be safely addressed and carried out using established standards
and procedures and the Crowe Valley Conservation Authority has approved any
floodproofing measures which are proposed;
iv)
that a site plan and site plan agreement, if necessary, have been completed to the
satisfaction of the Township in consultation with the Crowe Valley Conservation
Authority;
V)
that an amendment to this by-law setting out any applicable provisions has been
obtained where required.
These provisions shall not apply to buildings, structures, and services requiring direct access
to the water as an operational necessity such as a marina, marina service building or facility,
pumphouse or other similar structure.
5.15.6 Natural vegetative buffers shall be maintained within 30 metres (98.4 ft.) of the highwater
mark of all coldwater lakeslstream, as defined in the Official Plan of the County of Hastings,
and 15 metres (49.2 ft.) of all other lakes.
5.16
LANDS SEVERED BY PUBLIC UTILITY LINES
Where lands are acquired for the purpose of a public utility line and such acquisition
deprives a parcel of land of street frontage, the part of such parcel so deprived of street
frontage shall be deemed for the purpose of this by-law to have frontage on such street
C,
providing the land has a permanent right of access to such street.
5.17
LIMITED SERVICE RESIDENTIAL DEVELOPMENT
5.17.1 Development that is proposed on a waterfront lot located on an existing private road or
with access by water only, shall be rezoned to a Limited Service Residential Zone before a
building permit may be issued by the Township.
5.17.2 Access to such lot shall be via a legally described rightaf-way andlor from a mainland
location on a waterbody, which location is used for parking cars and docking/launching
boats. Such access shall be proven, to the satisfaction of the Township, before the lot is
rezoned to a limited service residential zone.
5.17.3 A limited service agreement shall be entered into with the Township before a building
permit may be issued. This shall ensure that the Township does not maintain and will not
be expected to maintain a private road leading to the property or perform any other services
normally associated with public highways in the Township.
5.18
LOADING SPACE REQUIREMENTS
.(
5.18.1 Loading spaces shall be provided for the temporary parking of commercial motor vehicles
while merchandise or materials are being loaded or unloaded from such vehicles. Such
parking shall not be for the purpose of sale or display, shall not be located upon or partly
upon any street, lane or alley, and shall have adequate access to permit ingress and egress
of a commercial motor vehicle from a street by means of driveways, aisles, manoeuvring
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
40
areas or similar areas, no part of which shall be used for the temporary parking or storage of
one or more motor vehicles.
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5.18.2 No person shall erect or use any building or structure in any zone for any commercial or
industrial purpose involving the movement of goods unless loading spaces are provided
and maintained in accordance with the following provisions:
a)
185 sq. metres (2,000 sq. ft.) - 930 sq. metres (1 0,010.8 sq. ft.)
1 space
b)
exceeding 930 sq. metres (10,010.8 sq. ft.)
2 loading spaces plus a minimum of 1
additional loading space for each 1400 square metres (15,070.0 sq. ft.) or fraction
thereof in excess of 930 sq. metres (10,010.8 sq. ft.) .
5.18.3 Each loading space shall be at least 9.0 metres (29.5 ft.) long, 3.5 metres (1 1.5 ft.) wide and
have a vertical clearance of at least 4.0 metres (1 3.1 ft.).
5.18.4 The required loading spaces shall be provided on the lot occupied by the building or
structure for which the said loading spaces are required and shall not form a part of any
street, private road, parking space or parking aisle.
5.18.5 For any commercial or industrial use, no loading space or part thereof shall be located and
no land shall be used for loading purposes within 1.5 metres (4.9 ft.) of any lot line, or
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within 3 metres (9.8 ft.) of any street line or boundary of any residential zone, or within 3
metres (9.8 ft.) of the lot line of a residential use.
5.18.6 Access to loading spaces shall be by means of a driveway at least 6 metres (19.7 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.
5.18.7 -the driveways and loading spaces shall be maintained with a stable surface which is treated
so as to prevent the raising of dust or loose particles.
5.18.8 The loading requirements referred to herein shall not apply to any building in existence at
the date of enactment of this by-law so long as the gross floor area as it existed at the date is
not increased. If an addition is made, then additional loading spaces shall be provided up
to the number required for such addition.
5.19
MANUFACTURED DWELLING HOUSES
Where permitted, a manufactured dwelling house, as defined in this by-law, may be
established provided the manufactured dwelling house has a minimum ground floor area of
74.3 sq. metres (800 sq. ft.) and is serviced with both a septic sewage disposal system and a
source of potable water that meet the requirements of Section 4.3.1 of this by-law. A
manufactured dwelling house shall conform to all other requirements of the zone, where
permitted, regarding single-detached dwellings.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
4 1
5.20
MINIMUM DISTANCE SEPARATION REQUIREMENTS
i
A building permit for any residential, commercial, community facility, industrial or
active outdoor recreational use shall comply with the requirements of the Minimum
Distance Separation Formulae (MDS I), as amended from time to time, calculated
using Appendix A of this by-law.
ii)
Where a legal lot of record with an area of 1.5 hectares (3.7 acres) or I'ess existed as
of the date of adoption of this by-law, the provisions of this section shall not serve to
preclude the issuance of a building permit for a permitted building or structure,
provided all other requirements of this by-law are met.
iii)
No livestock or manure storage facilities otherwise permitted in the Rural (RU) zone
shall be constructed, established or enlarged unless they comply with the Minimum
Distance Separation Formulae (MDS II), as amended from time to time, calculated
using Appendix A of this by-law.
iv)
Notwithstanding the above, in no case shall a livestock facility be constructed,
established or enlarged with less than the applicable minimum yards required for
the zone in which such facility is to be constructed, established or enlarged.
5.21
MULTIPLE USESIZONES ON ONE LOT
5.21.1 Notwithstanding anything contained in this by-law, where any land or building is used for
more than one purpose, the applicable provisions of this by-law which serve to regulate
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each use shall be complied with, provided that no dwelling shall be located closer than
three (3) metres (9.8 ft.) to any other building on the lot, except for such accessory building
or structure as may be permitted in accordance with the provisions of Section 5.1 of this by-
law.
5.21.2 Where a lot is divided into more than one zone under the provisions of this by-law, each
such portion of the said lot shall be used in accordance with the zone provisions of this by-
law for that portion of the lot.
5.22
NOXIOUS USES
5.22.1 Notwithstanding anything contained herein, no land shall be used and no building or
structure shall be erected, altered or used for any purpose which is noxious, and without
limiting the generality of this subsection, for any purpose that creates or is likely to become
a nuisance or offensive, or both;
i)
by the creation of noise or vibration in excess of the limits of the Environmental
Protection Act;
ii)
by reason of the emission of gas, fumes, smoke, dust or objectionable odour in
excess of the limits of the Environmental Protection Act, except in the case of
agricultural uses operating in compliance with reasonable agricultural practices;
iii)
the incineration or disposal of biomedical wastes, organic or inorganic chemical
wastes or radioactive wastes;
iv)
by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse
matter, motor vehicles, trailers, or parts of vehicles or trailers, machinery or other
such material; or
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
42
V)
by any combination of those things described above in this section.
5.22.2 Except as otherwise specifically permitted in this by-law, the following uses are prohibited
C
in any zone;
i)
refining coal oil or petroleum products;
ii)
tanning hides or skins;
iii)
manufacturinggas;
iv)
manufacturing glue.
5.22.3 Any use is prohibited which by its nature or the materials used therein is declared under the
Health Protection and Promotion Act to be a health hazard.
5.22.4 The establishment andlor use of any track for the racing of motor vehicles, motorcycles,
snowmobiles, gocarts or similar vehicles shall not be permitted.
5.23
OFF-STREET PARKING PROVISIONS
For every building or structure to be erected for, altered for, or its use converted to any of
the uses specified in the following table, off-street parking facilities shall be provided and
maintained in accordance with the following table and other provisions contained in this
subsection unless otherwise specifically provided.
r_
5.23.1 Minimum Parking Space Requirements
i)
Singledetached dwelling house -
1.5 spaces for every dwelling unit
ii)
Converted dwelling house,
Semidetached dwelling house,
Duplex dwelling house,
Manufactured dwelling house -
1 space for every dwelling unit
iii)
Retirement dwelling house
-
0.5 spaces per unit
iv)
Lodging dwelling house
1 space for the proprietor plus 1 space
per guest room
v)
Accessory dwelling house or unit -
1 space per dwelling house or dwelling unit
vi)
Marina, publiclprivate
1 space for each 20 sq. metre (2 15.3 sq. ft.) of
retail gross floor area plus 1 space for each
boat slip
vii)
Funeral home
the greater of:
a)
10 spaces; or
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
43
b)
5.25
spaces per 100 sq. metres
(1,076.4 sq. ft.) of gross floor area
viii)
Elementary or secondary school -
1.5 space; per classroom, and one space for
each 10 people of maximum design capacity
of any gymnasium or
auditorium contained therein
'
ix)
Business, administrative or
professional off ice
1 space for every 33 sq. metres (355 sq. ft.)
of gross floor area
X)
Group home
2 spaces plus 0.5 spaces for each resident that
the home is licenced to accommodate
xi)
Long-term care facility
1 space per 4 beds
including private operations
xii)
Personal or merchandise service -
1 space for every 1 8.5 (1 99.1 sq. ft.) of gross
shop or workshop
floor area
xiii)
Community facilities not herein -
1 space for every 33 square metres
specified; business,
(355 sq. ft.) of gross floor area.
administrative or professional office,
xiv)
Tourist establishment
1 space per bedroom plus 1 space for
any accessory dwelling house or unit plus the
total spaces required for each additional use
within the tourist establishment (eg. eating
establishment, convenience retail store)
XV)
Bed and breakfast
1 space per bedroom, in addition to the
establishment
residential parking requirement for
the
dwelling unit in which the bed and breakfast
is established
xvi)
Private or commercial club,
-
1 space for every 3 persons of design capacity
or recreational capacity
use facility (excluding bowling alley
and curling rink), place of worship
or similar place of assembly not
herein specified
xvii)
Bowling alley,
curling rink
2 persons per bowling lane or 2 persons per
curling sheet plus such additional parking as
is required for a lounge licensed in
accordance with the Liquor Licence Act
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
xviii) Convenience retail store
xix)
Day nursery, including
private operations
XX)
Eating establishment or
amusement arcade,
excluding a drive-through or
take-out eating establishment
xxi)
Eating establishment,
take-out
xxii)
Eating establishment,
drive-through
xxiii)
Food Market
-
xxiv)
Golf course
xxv)
Banknrust Company
xxvi)
Other permitted commercial -
(non-retail) uses
xxvii) Other commercial (retail) uses -
xxviii) Building supply outlet
xxix)
Motor vehicle sales
establishment
xxx)
Automatic teller machine
44
1 space for every 1 8.6 sq. metres (200 sq. ft.)
of gross floor area or portion thereof
1 space per staff member plus one space for
every 12 children enrolled at the nursery
1 space for every 9 square metre's (96.9 sq.
ft.) of gross floor area or 1 space for every 4
persons of design capacity, whichever is the
greater (a minimum of 10 spaces)
1 space for every 9 square metres (96.9 sq.
ft.) of gross floor area
each drive-up window shall have sufficient
stacking room for six cars, and a by-pass lane
shall be provided
1 space for every 28 square metres (301.4 sq.
ft.) of gross floor area
24 spaces for each 9 holes of golfing facilities,
plus one space for every 28 metres (301.4 sq.
ft.) of gross floor area of any clubhouse
1 space for every 23 sq. metres (250 sq. ft.) of
floor area devoted to general banking services
for public use and office space
1 space for every 33 sq. metres (355 sq. ft.) of
gross floor area
1 space for every 28 square metres (301.4 sq.
ft.) of gross floor area
1 space for every 28 square metres (391.4 sq.
ft.) of retail floor space with a minimum of 6
spaces
A minimum of 10 spaces plus 1 space for
every employee working on the premises
during the peak business period
2 spaces per machine for free-standing
machines which are not located in association
with a bank or other uses
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
4 5
xxxi)
Manufacturing or processing -
1 space for every 37 square metres (398.3 sq.
plant
ft.) of gross floor area plus 1 space for every
100 sq. metres (1,076 sq. ft.) of gross floor
area or portion thereof for uses with more
than 200 sq. metres (2,152 sq. ft.) of gross
floor area
xxxii) Warehouse or bulk
1 space for every employee working on the
storage yard
premises during the peak business period
xxxiii) Laundry andlor dry cleaning -
1 space per 9 square metres (96.9 sq. ft.)
establishment
of gross floor area with a minimum of 4
spaces
xxxiv) Medicalldental clinid
5 spaces per practice
drugless practitioner1
veterinary clinic
xxxv) NurserylGarden Centre
a minimum of 5 spaces plus 1 space for
every employee working on the premises
during the peak business period
xxxvi) Museum, art gallery, library
-
1 space for every 56 square metres (600
sq. ft.) of gross floor area
xxxvii) Home occupation
1 space per non-resident employee
(other than a bed and
in addition to the applicable residential
breakfast establishment)
requirement of this by-law
xxxviii) Uses permitted by this
1 space for every 28 square metres (301.4 sq.
by-law other than those
ft.) of gross floor area
listed above but excluding
accessory uses to single-
detached dwelling houses
5.23.2 Parking Requirements
i
The parking requirements referred to herein shall not apply to any building in
existence at the date of enactment of this by-law so long as the gross floor area as it
existed at that date is not increased or the use changed. If an addition is made or
the use is changed, then additional parking spaces shall be provided up to the
number required for such addition.
ii)
Parking as required by this by-law shall be provided either on the same lot on which
the principal use is located or, where this is not possible, on a lot within 60 metres
(196.9 ft.) of the lot on which the principal use is located.
iii)
Each parking space must be readily accessible at all times and arranged in such a
manner to provide access and maneuvering space for the parking and removal of a
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
vii)
X)
xi)
xii)
xiii)
xiv)
xv)
xvi)
xvi i)
xvi i i)
46
motor vehicle without the necessity of moving any other motor vehicle, except that
this shall not apply in the case of a singledetached dwelling.
Ingress and egress to and from the parking aisles prescribed by this section shall be
provided by a sufficient number of adequate, unobstructed driveways having a
minimum width of 6.0 metres (19.7 ft.), except that in the case of a singledetached
dwelling, the width may be reduced to 3.5 metres (1 1.5 ft.).
All off-street parking spaces, driveways and aisles required heiein shall be
constructed and maintained with a stable surface.
Where a ramp to parking aisles provides access from a street, such a ramp shall not
be located closer than 7.5 metres (24.6 ft.) from the street line and a level stopping
space shall be provided between the ramp and the street grade so as to provide
adequate vision to the street in both directions.
Where a lot, building or structure accommodates more than one type of use, the
parking requirement for the whole building shall be the sum of the requirements for
the separate parts of the lot, building or structure occupied by the separate types of
uses.
Where the application of ratios results in a fraction of a parking space, the required
number of spaces shall be increased to the next whole number.
In the case of a parking structure completely or partly below finished grade, it shall
not be necessary to comply with the setback requirements of the particular zone,
except that the minimum distance between such a structure and the street line shall
be 7.5 metres (24.6 ft.).
Where parking requirements are related to seating capacity and seating is by open
benches, each 0.6 metres (2.0 ft.) of open bench shall be counted as one seat.
The lights used for illumination of parking spaces, aisles and driveways shall be so
arranged as to divert the light downward and away from adjacent lots and streets.
A structure not more than 4.5 metres (14.8 ft.) in height and not more than 4.5
square metres (48.4 sq. ft.) in area may be erected in the parking area for the use of
parking attendants.
No sign shall be erected in any parking area other than a directional sign, signs
necessarily incidental to the efficient operation of a commercial parking lot, and a
sign which gives the name of the owner. The maximum size of any such sign shall
be 1 square metre (10.8 sq. ft.).
No gasoline pump or other service station equipment shall be located or maintained
on any parking space or aisle.
In a residential zone, not more than 50 percent of the aggregate area of the side
yards and rear yard shall be occupied by parking spaces, aisles or driveways.
Ingress and egress to parking areas shall not pass through zones other than the
zones requiring the parking area.
Where off-street parking abuts a residential zone, a wooden fence at least 1.5 metres
(4.9 ft.) in height shall be erected and maintained and the land within three (3)
metres (9.8 ft.) of the residential zone shall be maintained in an open space
condition.
No parking facility or part thereof shall be located and no land shall be used for the
parking or storage of any vehicle within 1 metre (3.3 ft.) of any lot line or street line,
or within 3 metres (9.8 ft.) of the boundary of any residential zone.
Notwithstanding provisions of this by-law to the contrary, where any building,
structure, use or activity is permitted or is legally in existence at the date of passing
- -
--
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TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
47
of this by-law and is subsequently changed in use or enlarged or extended in floor
area, number of employees, number of dwelling units, seating capacity or otherwise
which results in the reduction of the minimum required parking facilities andlor
number of parking spaces and such number of parking spaces or part thereof cannot
be provided in accordance with the minimum requirements, then such required
parking spaces or part thereof shall be subject to the provisions of this by-law.
5.23.3 Special Needs Parking Requirements
ii)
...
1.11)
iv)
v)
vi)
viii)
i x)
Special needs parking spaces shall be provided for all commercial uses at the rate of
1 space per 500 sq. metres (5,382.0 sq. ft.) with a minimum of 2 spaces being
provided.
The special needs parking spaces shall have minimum dimensions of 4.0 metres
(13.1 ft.) width by 6.0 metres (19.7 ft.) in length, and if two adjacent spaces are
designated for the disabled, then the total width of both spaces together may be 6.5
metres (21.3 ft.) if a 1.5 metre (4.9 ft.) wide access aisle separates the two spaces.
Special needs parking spaces shall be the spaces located closest to the nearest
accessible entranceb) of the building on an accessible route.
All special needs parking spaces shall be painted blue, be marked by an identifying
marker consisting of the international symbol for the disabled, and shall be
identified as well on an upright or wall sign at the location of the parking space.
If accessible parking spaces for side lift vans are provided, each space shall be at
least 4.9 metres (1 6.1 ft.) wide.
A standard parking space parallel to the road edge or curb shall constitute an
acceptable parking space provided it allows individuals to get in and out of either
side of a vehicle and provided a curb ramp is located nearby, where required.
A minimum vertical clearance of 2.9 metres (9.5 ft.) shall be provided at accessible
parking spaces, passenger-loading zones, and along access routes.
Gradient for a special needs parking space shall not exceed 5 percent.
Wheel stops shall be placed to provide a minimum 0.8 m (2.6 ft.) clear space for
wheelchair access.
Curb ramps, where required, shall be provided to permit access from the parking
area to the sidewalk.
5.24
OUTSIDE STORAGE
i)
Outside storage of goods or materials shall be permitted in those zones where
permitted, only if the goods are accessory to a use permitted in the zones and in
accordance with other provisions of this by-law;
ii)
No outside storage area shall be visible from any street or from any adjacent lot
where the adjacent lot is located in a zone other than a commercial or industrial
zone, and every outside storage area shall be visually screened by a fence, wall or
landscaped buffer not less than 2 metres (6.6 ft.) in height.
iii)
The above provision shall not apply to any outside storage area accessory to a
permitted agricultural use;
iv)
Every outside storage area shall be provided and maintained with a stable surface
that has been treated to prevent the raising of dust or loose particles and is properly
drained;
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
48
V)
No outside storage area shall be considered to be part of any landscaped buffer;
vi)
No parking space, parking aisle or loading space required by this by-law shall be
used for outside storage purposes;
vii)
An outside storage area shall not be permitted in a front yard or exterior side yard;
viii)
An outside storage area is in addition to and separate from any required off-street
parking or loading space.
5.25
OUTDOOR FURNACES
An outdoor furnace shall be permitted to be located only within the Rural (RU) zone and
shall comply with the following regulations:
i
minimum setback from:
a)
a lot line abutting a residential zone
100 metres (328.1 ft.)
b)
any other lot line
60 metres (196.6 ft.)
ii)
no outdoor furnace shall be constructed or installed on a lot without the issuance of
a building permit for construction from the Township.
5.26
PLANNED WIDTH OF STREET
5.26.1 Notwithstanding any other provision contained in this by-law, no building or structure shall
be hereafter erected in any zone closer than the sum of the front yard or exterior side yard
requirement for such zone and the following where applicable:
i
15.0 metres (50.0 ft.) from the centre line of Highway 620 and former County of
Hastings roads; and
ii)
10 metres (32.8 ft.) from the centre of the right-of-way of all other streets in the
Township.
5.26.2 Notwithstanding the provisions of this by-law to the contrary, where a building, structure or
accessory use thereto is to be erected in a built-up area where there is an established
building line, such dwelling or accessory use is not to be erected closer to the street line or
to the centre line of the road or street, as the case may be, than the established building line
on the date of passing of this by-law.
5.27
PROHIBITIONS
5.27.1 No person shall use any land or erect any building or structure within a zone except for a
permitted use established or erected in accordance with the regulations provided by this by-
law for the zone in which it is located.
p
5.27.2 No person, except a public authority engaged in the implementation of public works or
L
services, shall reduce in area or frontage any lot already built upon, either by conveyance
or alteration, so that the lot coverage of the building exceeds the maximum permitted by
this by-law, or so that the area or frontage of the lot will be less than the minimum
permitted by this by-law for the zone in which the lot is located.
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TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
49
5.27.3 Except in a rural, commercial or industrial zone, not more than one permitted use shall be
allowed on a lot unless specifically permitted in this by-law. This section shall not prohibit
the establishment of a home occupation or home industry in conjunction with a dwelling
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'
where such use is permitted.
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5.27.4 The purpose for which any land or building is used shall not be changed, no new building
or addition to any existing building shall be erected and no land shall be severed from a lot
if such change, erection or severance creates a situation that contravenes any of the
provisions of this by-law applicable to each individual remaining building, accessory
building or lot.
5.27.5 Except as otherwise provided in this by-law, no building or structure shall be erected,
altered, extended or enlarged except upon a lot nor shall any land be used for any
permitted use unless it comprises a lot as defined herein. This provision shall not prevent
the use of any parcel or tract of land for agricultural purposes, excluding the erection or
enlargement of any building or structure except a fence.
5.27.6 No person shall erect or use any building as a dwelling house upon any lot on which
another building that is used or intended to be used as a dwelling house already exists, or
which is in the course of construction or for which a building permit has been issued.
5.28
PUBLIC USES AND UTILITIES
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5.28.1 Notwithstanding anything contained in this by-law, the Township or any local board
thereof, any telephone or telecommunications company, any transportation system owned,
operated, or authorized by or for the Township, any Department of the Federal or
Provincial Government or any Conservation Authority established by the Government of
Ontario, may, for purposes of public service, use any land or erect or use any building or
structure in any zone except Environmental Protection provided:
i
that such use, building or structure, shall be in compliance with the lot coverage
requirement for such a zone;
ii)
that there shall be no open storage of goods, materials, or equipment in the yards of
any residential zone; and
iii)
that any building or structure erected or used in any residential zone shall be of a
character and shall be maintained in general harmony with the buildings of the type
permitted in the said zone.
5.28.2 Nothing in this by-law shall prevent the use of any land as a public park, a public street or
for the location of a properly authorized traffic sign or signal, or any sign or notice of any
Township, Provincial or Federal government department or authority.
5.28.3 Where in a zone in this by-law under the heading of "Permitted Uses" a public use is
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specifically permitted within a zone, then such use shall be permitted only within that zone.
5.28.4 Where in this by-law a public use is not specifically referred to in any zone, then such
public use shall be permitted in any zone.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
50
5.29
SIGHT TRIANGLES
Unless otherwise specified in this by-law, on a corner lot, within the triangular space
formed by the street lines and a line drawn from a point in one street line to a point in the
other street line, each point being measured 9 metres (29.5 ft.) along the street lines from
the point of intersection of the street lines, no building or structure which would obstruct
the vision of drivers of motor vehicles shall be erected and no trees, shrubs, hedges, fences
or walls shall be planted, erected or maintained of greater height than 1 metre (3.3 ft.)
above the centre line of the adjacent road at the lowest point. Where the two street lines
do not intersect at a point, the point of intersection of the street lines shall be deemed to be
the intersection of the tangents to the street lines.
5.30
SETBACKS FROM WASTE DISPOSAL SITES AND MINERAL EXTRACTIVE ZONES
5.30.1 Waste Disposal Sites
i
No new residential or community facility uses shall be permitted within the 500
metre (1,650 ft.) setback area of an existing or closedlabandoned waste disposal site,
without the approval of the Ministry of Environment and the Township, provided
the use is a permitted use on the lands within this setback area;
ii)
Where a waste disposal site is the subject of a Certificate of Approval, the setback is
to be measured from the boundary of the waste fill area or from the treatment
facility as defined in the Certificate of Approval;
iii)
Where a waste disposal facility has no Certificate of Approval, the setback is to be
measured from the edge of the property on which the facility is located, unless a
lesser distance is approved by the Ministry of the Environment andlor the Ministry of
Natural Resources and the Township, and provided the residential use is a permitted
use on the lands within the setback area.
5.30.2 Mineral Extractive Zones
No new residential or community facility uses shall be located within the following setback
areas:
i)
150 metres (500 ft.) of an area zoned Mineral Extractive (MX), where the zoning
permits only removal and processing of sand, gravel or other approved aggregate;
ii)
300 metres (1,000 ft.) of an area zoned Mineral Extractive (MX), where the zoning
permits only removal and processing of sand, gravel or other approved aggregate,
but where extraction is occurring or approved below the groundwater table;
iii)
500 metres (1,650 ft.) of an area zoned Mineral Extractive (MX), where the zoning
permits a quarry use;
unless a lesser distance is approved by the Ministry of the Environment andlor the Ministry
of Natural Resources and the Township, and provided the residential use is a permitted use
on the lands within the setback area.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
5 1
5.30.3 In addition to approval by the Ministries noted above, approval of a minor variance shall be
required for residential uses or community facility uses proposed within the setback area of
waste disposal sites and the setback areas of Mineral Extractive zones.
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5.31
STORAGE AND PARKING OF MOTOR VEHICLES/RECREATIONAL VEHICLES
5.31.1 Abandoned, unused andlor discarded motor vehicles, railway cars, trucks, bus or coach
body, container, farm implements and similar abandoned equipment shall not be located or
stored in any zone.
For the purposes of this section, 'abandoned' shall
mean a
discontinuance of use for a period of six months or more.
5.31.2 No land in the Township shall be used for the parking of a motor vehicle which is
undergoing repairs unless :
i)
such repairs are effected within an enclosed building; or
ii)
such repairs are effected while the vehicle is parked in a location such that it is not
visible from any adjacent lands which are not occupied by the owner of the vehicle;
and
iii)
such repairs are being undertaken at a motor vehicle service station or body shop.
5.31.3 No land in the Township shall be used for the outside storage of motor vehicle parts unless
such motor vehicle parts are stored in a location such that they are not visible from any
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adjacent lands which are not occupied by the owner of such parts.
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5.31.4 No tractor trailer truck shall be parked on a continuous basis within a Residential First
Density R1) zone or a Residential Second Density (R2) zone.
5.31.5 In a Rural Residential (RR), Residential First Density (Rl) and Residential Second Density
(R2) zone, no more than one recreational vehicle, as defined in this by-law, may be parked
on a lot. In addition, the lot must be developed with a permitted residential use (i.e. no
recreational vehicles may be parked on vacant lots in these zones).
5.32
SWIMMING POOLS
5.32.1 Notwithstanding any other provisions of this by-law, a swimming pool is permitted as an
accessory use in any residential zone or in a rural, commercial or community facility zone
provided that:
i)
no part of such pool shall be located closer to any lot line or street line than the
minimum distance required for an accessory building located on such lot;
ii)
such pool is located in an interior side yard or rear yard only;
iii)
any building or structure required for changing clothing or for pumping or filtering
facilities, or other similar accessory uses shall meet all of the accessory building
requirements of the zone in which the pool is located;
iv)
no water-circulating or treatment equipment such as pumps or filters is located
closer than 3 metres (10 ft.) to any side or rear lot line;
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
5 2
V)
such pool is considered to be part of the developed space for the purpose of
calculation,of lot coverage; and
vi)
swimming pools shall meet all requirements of the Ontario Building Code.
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5.33
TEMPORARY USES
i)
Nothing in this by-law shall prevent the use of any land or the erection'or use of any
building or structure for a construction camp, work camp, tool shed or other
building or structure including a temporary sales or rental office which is incidental
to and necessary for work on the premises, but only for so long as such use,
building or structure is necessary for such work which has not been completed.
ii)
A tent or recreational vehicle, as defined in this by-law, may be used for a
temporary residential use on a lot for the purposes of providing accommodation
while construction of a principal building on the same lot is being undertaken,
provided that:
a)
such temporary accommodation is used for a maximum period of 6 months
in any calendar year; and
b)
such use is subject to issuance of a permit by the Township at a cost to be
determined by the Township, and such permit can be renewed one time;
and
C)
a building permit has been issued and is in effect for the lot on which
construction is taking place.
iii)
A crafterslfarm gate sales outlet, as defined in this by-law, may operate on a
temporary basis at any location within the Township, subject to receipt of a permit
from the Township.
iv)
A portable canteen, as defined in this by-law, may operate on a temporary basis at
any location within the Township, subject to receipt of a permit from the Township.
5.34
TRUCK, BUS, COACH BODIES ETC. AND HUMAN HABITATION
5.34.1 Except as otherwise specifically permitted in this by-law, no truck, bus, coach body, trailer
(as defined in this by-law), motor vehicle, tent or storage container of any kind shall be used
for human habitation or storage of goods and materials within the Township, whether or not
the same is mounted on wheels or other form of mounting or foundation.
5.35
TRUCK TRAILER BOXES
5.35.1 No truck trailer box shall be used for the purposes of human habitation, storage or the
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carrying-on of business.
5.36
USES REQUIRING WATERTAKING PERMITS
All lands that are the subject of an application to the Ministry of the Environment for a
Permit to Take Water under the Ontario Water Resources Act RSO 1990, Chapter 0.40 and
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
5 3
the Environmental Bill of Rights, Statutes of Ontario, 1993, Chapter 28, shall be subject to
an amendment to this by-law and shall be zoned to a zone appropriate to the proposed use.
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5.37
YARD ENCROACHMENTS AND HEIGHT EXCEPTIONS
5.37.1 Except as otherwise provided in this by-law, every part of any required yard shall be open
and unobstructed by any building or structure from the ground to the sky, except for:
i)
sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters or other
ornamental features, provided however that the same shall not project more than
0.6 metres (2 ft.) into any required yard;
ii)
drop awnings, clothes poles, garden trellises, TV or radio antennae including
satellite dish antennae, or similar accessories;
iii)
fences, solar collectors, parking lots, retaining walls, gatehouses in industrial zones,
driveways, patios and other such uses as specifically permitted in this by-law;
iv)
light standards, fuel pump islands and fuel pumps of motor vehicle service stations,
provided however that the same shall be erected in accordance with the applicable
provisions of this by-law;
V)
fire escapes, provided however that the same shall project into any required side or
rear yard a distance of not more than 1.5 metres (4.9 ft.); and
vi)
accessory buildings, provided however that the same shall be erected in accordance
with the applicable provisions of this by-law.
(--
5.37.2 Notwithstanding the yard provisions of this by-law to the contrary, canopies, steps and
unenclosed and uncovered decks and porches may project into any required front or rear
yard a maximum distance of 1.5 metres (4.9 ft.).
5.37.3 Notwithstanding any other provisions of this by-law to the contrary, a railway spur shall be
permitted in an industrial zone within a required yard. Where such yard abuts a residential
zone, the railway spur shall conform to the yard and setback requirements of the zone in
which it is located.
5.37.4 Notwithstanding the height provisions herein contained, nothing in this by-law shall apply
to prevent the erection, alteration or use of the following accessory buildings or structures
provided the principal use is a use permitted within the zone in which it is located: a
church spire, barn, silo, belfry, flag pole, light standard, clock tower, chimney, water tank,
windmill, radio or television antenna, air conditioner duct, incidental equipment required
for processing and external equipment associated with internal building equipment.
5.37.5 Notwithstanding any provisions of this by-law to the contrary, the minimum required
exterior side yard may be reduced to a minimum of five (5) metres (16.4 ft.) provided that
for every 1 metre (3.28 ft.) or part thereof that the exterior side yard is reduced below the
minimum requirement, the minimum front yard shall be increased by the same distance.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
54
5.38
YARDS - MARINE FACILITIES AND DOCKS
5.38.1 Marine facilities shall not be permitted to locate closer than 1.5 metres (4.9 ft.) to any
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interior side lot line. However, private mutual docks (i.e. shared by two landholdings) may
be permitted to be located at the mutual lot line.
5.38.2 Private communal docks (i.e. used by more than two landholdings but not a commercial
dock) shall not be permitted to locate closer than 20 metres (65.6 ft.) of any interior side lot
line shared with a residential zone.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
SECTION 6 - RU - RURAL ZONE
6.1
Within a RU - Rural Zone, no person shall use any land, erect, alter, enlarge, use or
C,
maintain any building or structure for any use other than as permitted in this section and
also such use, building or structure shall be in accordance with the regulations contained or
referred to in this section.
6.2
PERMllTED USES
i)
ii)
iii)
iv)
v)
vi )
vi i)
viii)
i x)
X)
xi)
xii)
xiii)
xiv)
xv)
xvi)
xvii)
xvi i i)
xix)
xx)
xxi)
xx i i)
xxiii)
xxiv)
xxv)
an agriculture/agricultural use,
an agricultural produce sales outlet,
an agriculture-related use,
a conservation use,
a farm implement and supply dealer,
a forestry use,
a garden suite,
a greenhouse,
a group home,
a hunt camp,
a kennel,
a lodging dwelling house,
~ogging,
a lumber yard,
a manufactured dwelling house, as defined in this by-law,
a nurserylgarden centre,
an open space use,
a recreational use, active and passive, outdoor
a saw andlor planing mill,
a singledetached dwelling house,
a wayside pit and/or quarry,
a veterinary clinic,
a use, building or structure accessory to the above uses,
a home occupation, including a bed and breakfast establishment,
a home industry.
6.3
ZONE REGULATIONS
a)
For the Principal Building
i)
Lot Area (Minimum)
6 hectares (1 5 acres)
ii)
Lot Frontage (Minimum)
60 metres (1 96.8 ft.)
iii)
Building Height (Maximum)
1 1 metres (36.1 ft.)
iv)
Front Yard and Exterior
20 metres (65.6 ft.)
Side Yard (Minimum)
V)
Interior Side Yard (Minimum)
5 metres (1 6.4 ft.)
vi)
Rear Yard (Minimum)
20 metres (65.6 ft.)
vii)
Gross Floor Area (Minimum)
74.3 sq. m (800.0 sq. ft.)
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
5 6
viii)
Setback from any waterbodylwater course
(Minimum)
30 metres (98.4 ft.)
ix)
Off-street parking shall be provided in accordance with the provisions of this
by-law .
b)
For Accessory Buildings
See Section 5.1 of this by-law.
C)
For Hunt Camps
i
Lot Area (Minimum)
10 hectares (24.7 acres)
ii)
A hunt camp shall meet all other zone requirements of the RU Zone.
d)
For Garden Suites
See Section 5.9 of this by-law.
e)
For Group Homes
See Section 5.1 0 of this by-law.
f)
For Home Industries
See Section 5.12 of this by-law.
g)
For Home Occupations
See Section 5.1 3 of this by-law.
h)
For Kennels
See Section 5.1 4 of this by-law.
i)
For Manufactured Dwelling Houses
See Section 5.1 9 of this by-law.
6.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot, building, structure or use within the RU - Rural Zone.
6.5
SPECIAL RU - RURAL ZONES
6.5.1
RU-1 (Part Lots 14 and 15, Concession 7, Township of Wollaston)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RU-1 and
shown on the attached schedules, the following special provisions shall apply:
Zone Requirements
i
lot frontage on a private road (minimum)
50.0 metres (1 64.0 ft.)
All other provisions this by-law shall apply.
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TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
SECTION 7 - RR - RURAL RESIDENTIAL ZONE
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7.1
Within a RR - Rural Residential Zone, no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure for any use other than as permitted in this section and
also such use, building or structure shall be in accordance with the regulations contained or
referred to in this section.
7.2
PERMITTED USES
i
a singledetached dwelling house,
ii)
a garden suite,
iii)
a manufactured dwelling house, as defined in this by-law,
iv)
a group home,
V)
a kennel,
vi)
a use, building or structure accessory to the above uses,
vii)
a home occupation, including a bed and breakfast establishment,
viii)
a home industry.
ZONE REGULATIONS
a)
For Single-detached Dwellings
i)
i i)
iii)
i v)
v)
vi)
vii)
viii)
i x)
X)
xi)
Lot Area (Minimum)
0.6 ha (1.5 acres)
Lot Frontage (Minimum)
60 metres (196.85 ft.)
Front Yard (Minimum)
20 metres (65.6 ft.)
Rear Yard (Minimum)
10 metres (32.8 ft.)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
Exterior Side Yard (Minimum)
15 metres (49.2 ft.)
Setback from any waterbody1
watercourse (Minimum)
30 metres (98.4 ft.)
Gross Floor Area (Minimum)
74.3 sq. metres (800.0 sq. ft.)
Lot Coverage (Maxi mum)
30 percent
Building Height (Maximum)
11 metres (36.1 ft.)
Off-street parking shall be provided in accordance with the provisions of this
by-law.
b)
For Accessory Buildings
i
Rear Yard (Minimum)
3 metres (9.8 ft.)
i i)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
iii)
Exterior Side Yard (Minimum)
5 metres (1 6.4 ft.)
iv)
Building Height (Maximum)
1 1 .O metres (36.1 ft.)
See also Section 5.1 of this by-law.
C)
For Garden Suites
See Section 5.9 of this by-law.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
d)
For Group Homes
See Section 5.10 of this by-law.
e)
For Home Industries
See Section 5.12 of this by-law.
f)
For Home Occupations
See Section 5.1 3 of this by-law.
g)
For Kennels
See Section 5.14 of this by-law.
h)
For Manufactured Dwelling Houses
See Section 5.19 of this by-law.
7.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot, building, structure or use within the RR - Rural Residential Zone.
7.5
SPECIAL RR RURAL RESIDENTIAL ZONES
7.5.1
RR-1 (Lot 23, Concession 5, Township of Wollaston)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-1 and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
lot frontage (minimum)
ii)
lot area (minimum)
137.2 m (450 ft.)
4.2 ha (10.3 acres)
All other provisions of this by-law shall apply.
7.5.2
RR-2 (Lot 15, Concession 10, Township of Wollaston)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-2 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following use shall be permitted, in addition to all other uses permitted in the RR zone:
i)
a greenhouse.
All other provisions of this by-law shall apply.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
SECTION 8 - LSR - LIMITED SERVICE RESIDENTIAL ZONE
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8.1
Within a LSR - Limited Service Residential Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
,
In a Limited Service Residential Zone, there is no commitment or requirement by the
Township to assume responsibility for ownership or maintenance of any private road. Due
to road conditions of privately maintained roads, there is no commitment or requirement by
the Township to ensure that emergency vehicles are able to access privately owned roads.
The intent of the Limited Service Residential Zone is to recognize residential development
on private roads.
PERMllTED USES
i)
a single-detached dwelling house,
ii)
a manufactured dwelling house,
iii)
a garden suite,
iv)
a use, building or structure accessory to the above uses, including one sleeping
cabin as defined in this by-law.
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8.3
ZONE REGULATIONS
a)
For the Principal Building
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
i x)
x)
xi)
xii)
Lot Area (Minimum)
0.4 ha (1 acre)
Lot Frontage on
A Navigable Waterway (Minimum)
46 metres (1 50.1 ft.)
Lot Frontage on a Private Road
46 metres (1 50.1 ft.)
Front Yard (Minimum)
10 metres (32.8 ft.)
Rear Yard (Minimum)
10 metres (32.8 ft.)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
Exterior Side Yard (Minimum)
15 metres (49.2 ft.)
Setback from any Waterbodyl
Watercourse
30 metres (98.4 ft.)
Gross Floor Area (Minimum)
74.3 sq. metres (800 sq. ft.)
Lot Coverage (Maximum)
20 percent
Building Height (Maximum)
1 1 metres (36.1 ft.)
Off-street parking shall be provided in accordance with the provisions of this
by-law. Where the LSR zone is located on an island, a minimum of one off-
street parking space shall be provided on the mainland in accordance with
this by-law. The Township shall be satisfied that sufficient land and mooring
facilities are available to accommodate parking for the island residential use
(see also Section 5.1 7 of this by-law).
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
b)
For Accessory Buildings
i)
Rear Yard (Minimum)
3 metres (9.8 ft.)
ii)
Interior Side Yard (Minimum)
1 metre (3.3 ft.)
iii)
Exterior Side Yard (Minimum)
3 metres (9.8 ft.)
iv)
Building Height (Maximum)
7.0 metres (23.0 ft.)
v)
Gross Floor Area (sleeping cabin)
See Section 5.1.7
vi)
Gross Floor Area (other)
See Section 5.1.8
See also Section 5.1 of this by-law.
C)
For Garden Suites
See Section 5.9 of this by-law.
d)
For Manufactured Dwelling Houses
See Section 5.1 9 of this by-law.
e)
For Lots on a Narrow Water Body
Where a lot has frontage on a narrow water body, as described in Appendix B to
this by-law, the required frontage on water shall be 100 metres (328 ft.).
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8.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot building, structure or use within the LSR - Limited Service Residential Zone.
8.5
SPECIAL LSR - LIMITED SERVICE RESIDENTIAL ZONES
8.5.1
LSR-1 (Lot 13, Concession 7, Township of Wollaston)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned LSR-1 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i)
one singledetached dwelling on a lot with a ground floor area not exceeding 140
sq. m (1,506.99 sq. ft.).
Zone Provisions
i
No new building or extension or enlargement to an existing building will be
permitted where a building opening, window or first floor elevation is below the 1
in 100 year flood elevation plus 30 cm of freeboard of Wollaston Lake.
All other provisions of this by-law shall apply.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
6 1
SECTION 9 - WR - WATERFRONT RESIDENTIAL ZONE
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9.1
Within a WR - Waterfront Residential Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
9.2
PERMllTED USES
i
a singledetached dwelling house,
ii)
a garden suite,
iii)
a group home,
iv)
a manufactured dwelling house,
v)
a use, building or structure accessory to the above use, including one sleeping cabin
as defined in this by-law,
vi)
a home occupation, including a bed and breakfast establishment,
vii)
a home industry.
9.3
ZONE REGULATIONS
a)
For the Principal Building
i
i i)
iii)
iv)
v)
vi )
vii)
viii)
ix)
x)
xi)
xii)
Lot Area (Minimum)
0.4 ha (1 .O acre)
Lot Frontage (Minimum)
46 metres (1 50.1 ft.)
Lot Frontage on a Navigable
Waterway (Minimum)
46 metres (1 50.1 ft.)
Front Yard (Minimum)
10 metres (32.8 ft.)
Rear Yard (Minimum)
10 metres (32.8 ft.)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
Exterior Side Yard (Minimum)
15 metres (49.2 ft.)
Setback from any Waterbody1
Watercourse
30 metres (98.4 ft.)
Gross Floor Area (Minimum)
74.3 sq. metres (800 sq. ft.)
Lot Coverage (Maximum)
20 percent
Building Height (Maximum)
1 1 metres (36.1 ft.)
Off-street parking shall be provided in accordance with the provisions of this
by-law.
b)
For Garden Suites
See Section 5.9 of this by-law.
C)
For Group Homes
See Section 5.10 of this by-law.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
d)
For Home Industries
See Section 5.1 2 of this -by-law.
e)
For Home Occupations
See Section 5.1 3 of this by-law.
r)
For Manufactured Dwelling Houses
See Section 5.19 of this by-law.
g)
For Accessory Buildings
i)
Rear Yard (Minimum)
3 metres (9.8 ft.)
ii)
Interior Side Yard (Minimum)
1 metres (3.3 ft.)
iii)
Exterior Side Yard (Minimum)
3 metres (9.8 ft.)
iv)
Building Height (Maximum)
7.0 metres (23.0 ft.)
See also Section 5.1 of this by-law.
h)
For Lots on a Narrow Water Body
Where a lot (with or without frontage on a street, as defined in this by-law) fronts on
a narrow water body, as described in Appendix B to this by-law, the required
frontage on water shall be 100 metres (328.0 ft.) .
9.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot building, structure or use within the WR - Waterfront Residential Zone.
9.5
SPECIAL WR - WATERFRONT RESIDENTIAL ZONES
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
63
SECTION 10 - R1 - RESIDENTIAL FIRST DENSITY ZONE
10.1
Within a R1 - Residential First Density Zone, no person shall use any land, erect, alter,
C
enlarge, use or maintain any building or structure for any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
10.2
PERMllTED USES
i
a singledetached dwelling house,
ii)
a manufactured dwelling house, as defined in this by-law,
iii)
a garden suite,
iv)
a group home,
ii)
a public park,
iii)
a use, building or structure accessory to the above uses,
V)
a home occupation, including a bed and breakfast establishment.
10.3
ZONE REGULATIONS
a)
For Single-detached Dwellings
i
i i)
iii)
i v)
v)
vi)
vii)
Lot Area (Minimum)
0.4 ha (1 acre)
Lot Frontage (Minimum)
46 metres (1 50.1 ft.)
Front or Rear Yard
7.5 metres (24.6 ft.)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
Exterior Side Yard (Minimum)
4.5 metres (1 4.8 ft.)
Gross Floor Area (Minimum)
74.3 sq. metres (800 sq. ft.)
Setback from any Waterbodyl
Watercourse
30 metres (98.4 ft.)
Lot Coverage (Maximum)
25 percent
Building Height (Maximum)
1 1 metres (36.1 ft.)
Off-street parking shall be provided in accordance with the provisions of this
by-law.
b)
For Garden Suites
See Section 5.9 of this by-law.
C)
For Group Homes
See Section 5.10 of this by-law.
d)
For Home Occupations
See Section 5.1 3 of this by-law.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
e)
For Manufactured Dwelling Houses
See Section 5.1 9 of this by-law
f
For Accessory Buildings
i
Rear Yard (Minimum)
2.5 metres (8.2 ft.)
ii)
Interior Side Yard (Minimum)
2.5 metres (8.2 ft.)
iii)
Exterior Side Yard (Minimum)
4.5 metres (1 4.8 ft.)
iv)
Building Height (Maximum)
4.5 metres (1 4.8 ft.)
See also Section 5.1 of this by-law.
10.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot building, structure or use within the R1 - Residential First Density Zone.
10.5
SPECIAL R1 - RESIDENTIAL FIRST DENSITY ZONES
10.5.1
R1-1 (Lot 14, Concession 8, Township of Wollaston)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned R1-1 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
i
permitted uses are limited to the existing gross floor area of the dwelling;
ii)
number of bedrooms, bathrooms and plumbing fixtures are limited to the number
existing at the time of passage of this by-law.
Zone Provisions
i
lot area (minimum)
ii)
lot frontage (minimum)
All other provisions of this by-law shall apply.
0.1 3 ha (0.34 acres)
18.9 m (62 ft.)
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
6 5
SECTION 11 - R2 - RESIDENTIAL SECOND DENSITY ZONE
11.1
Within a R2 - Residential Second Density Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
1 1.2
PERMllTED USES
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
a singledetached dwelling house,
a semidetached dwelling house,
a duplex dwelling house,
a converted dwelling house,
a garden suite,
a lodging dwelling house,
a group home,
a day nursery,
a public park,
a use, building or structure accessory to the above uses,
a home occupation, including a bed and breakfast establishment.
11.3
ZONE REGULATIONS
C
a)
For Singledetached Dwellings
According to the provisions of the R1 Zone of this by-law.
b)
For Semi-Detached Dwellings, Duplex Dwellings, Lodging Dwelling Houses and
Converted Dwelling Houses
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
Lot Area (Minimum)
0.6 ha (1.5 acres)
Lot Frontage (Minimum)
60 m (196.8 ft.)
Front Yard or Rear Yard (Minimum)
7.5 metres (24.6 ft.)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
Exterior Side Yard (Minimum)
4.5 metres (14.8 ft.)
Setback from any Waterbody
Watercourse (Minimum)
30 metres (98.4 ft.)
Gross Floor Area per Dwelling
Unit (Minimum)
42 sq. metres (452.1 sq. ft.)
Lot Coverage (Maximum)
30 percent
Building Height (Maximum)
1 1 metres (36.1 ft.)
Off-street parking shall be provided in accordance with the provisions of this
by-law.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
66
c)
Additional Provisions For Converted Dwelling Houses and Lodging Dwelling
Houses
i)
No addition or enlargement shall be made to the external walls or roof of
the dwelling house.
ii)
No external stairway other than an open fire escape shall be provided.
iii)
Such dwelling house shall be certified by the Chief Building Official to be
structurally suitable for use as a converted dwelling or lodging house.
iv)
The 3-metre-wide (9.8 ft.) strip immediately adjacent to side and rear lot
lines shall include a landscaped buffer, as defined in this by-law.
V)
Off-street parking shall be provided in accordance with the provisions of this
by-law.
vi)
the septic sewage disposal system shall be inspected and approved by the
appropriate authority.
d)
For Garden Suites
See Section 5.9 of this by-law.
e)
For a Group Home
See Section 5.10 of this by-law.
r)
For a Home Occupation
See Section 5.1 3 of this by-law.
g)
For Manufactured Dwelling Houses
See Section 5.1 9 of this by-law.
h)
For Accessory Buildings
i)
Rear Yard (Minimum)
i i)
Interior Side Yard (Minimum)
iii)
Exterior Side Yard (Minimum)
iv)
Building Height (Maximum)
See also Section 5.1 of this by-law.
11.4
GENERAL PROVISIONS
2.5 metres (8.2 ft.)
2.5 metres (8.2 ft.)
7.5 metres (24.6 ft.)
4.5 metres (14.8 ft.)
All special provisions of Section 5 "General Provisions" shall apply , where applicable, to
any land, lot, building, structure or use within the R2 - Residential Second Density Zone.
-
- -
-
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
11.5
SPECIAL R2 - RESIDENTIAL SECOND DENSITY ZONES
11.5.1 R2-1 (Plan 290.(Coe Hill), Township of Wollaston)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned R2-1 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following use shall be permitted, in addition to all other uses permitted in the R2 zone:
i)
A dwelling house containing four dwelling units.
All other provisions of this by-law shall apply.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
68
SECTION 12 - C - COMMERCIAL ZONE
12.1
Within C - Commercial Zone, no person shall use any land, erect, alter, enlarge, use or
G
maintain any building or structure for any use other than as permitted in this section and
also such use, building or structure shall be in accordance with the regulations contained or
referred to in this section.
I
12.2
PERMlllED USES
i)
i i)
iii)
i v)
v)
vi)
vii)
vi i i)
i x)
x)
xi)
xii)
xiii)
xiv)
xv)
xvi)
xvii)
xviii)
xix)
xx)
xxi)
xxii)
xxiii)
xxiv)
xxv)
xxvi)
xxvii)
xxviii)
xxix)
an amusement arcade,
an auction outlet,
a bakery,
a bank andlor trust company, including an automatic teller machine (ATM),
a building supply outlet,
a business, administrative andor professional office,
a butcher shop,
a car wash, automatic or coin-operated,
a clinic, including a veterinary clinic,
a day nursery,
an eating establishment,
an equipment saleslrental and repair establishment, excluding heavy machinery,
a funeral home,
a laundry and/or dry cleaning shop including coin-operated establishments,
a Liquor Control Board andor Brewer's Retail outlet,
a marine/snowmobile dealer,
a merchandise service establishment,
a motor vehicle service station or sales agency, or a gas bar,
outside storage, located at the interior side or rear yard of a permitted principal use,
a personal service establishment,
a printing andlor publishing establishment,
a private or commercial club,
a public or private parking lot, as defined in this by-law, including parking facilities
associated with the principal use(s) permitted under this section,
a recreational establishment, commercial,
a retail store including a gift shop, food market and convenience retail store,
a tavern,
a theatre andlor cinema,
a dwelling unit in the form of an apartment located on the second or third storey of
such building or at the rear of such building (if the accessory dwelling unit is
located on the main floor) as an accessory use to a principal use in a building in
which commercial uses are permitted, except motor vehicle service stations or other
uses involving the sale of gasoline or other similar petroleum products, in
accordance with the provisions of this by-law,
a use, building or structure accessory to the above uses.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
ZONE REGULATIONS
For All Principal Buildings or Uses
i)
i i)
iii)
i v)
v)
vi)
vii)
vi i)
viii)
ix)
xi)
Lot Area (Minimum)
0.4 ha (1 .O acre)
Lot Frontage (Minimum)
46 metres (1 50.1 ft.)
Front Yard (Minimum)
6 metres (1 9.7 ft.)
Rear Yard (Minimum)
6 metres (1 9.7 ft.)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
Exterior Side Yard (Minimum)
8 metres (26.2 ft.)
Setback from any Waterbody
Watercourse (Minimum)
30 metres (98.4 ft.)
Lot Coverage (Maxi mum)
40 percent
Building Height (Maximum)
1 1 metres (36.1 ft.)
Off-street parking and off-street loading facilities shall be provided in
accordance with the provisions of this by-law.
Access to an accessory dwelling unit shall be separate from access to a
commercial use.
The established building line, as defined in this by-law, shall be maintained
in the case of any construction, reconstruction, rebuilding or renovation of
structures and where a former building encroached on the street line, the
established building line shall be the new building line.
b)
For an Accessory Dwelling Unit
Notwithstanding the above provisions, an accessory dwelling. house or dwelling
unit shall comply with the provisions of Section 5.2 of this by-law.
C)
For Accessory Buildings
i)
Rear Yard (Minimum)
1.5 metres (4.9 ft.)
i i)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft.)
iii)
Exterior Side Yard (Minimum)
3 metres (9.8 ft.)
iv)
Building Height (Maximum)
11 metres (36.1 ft.)
V)
Minimum distance from any other building on the lot shall be 3 metres (9.8
ft.) provided that in no case shall any overhang, eaves or gutter project into
this required minimum area which shall be clear of any obstruction from the
ground to the sky.
See also Section 5.1 of this by-law.
d)
For Lands Abutting A Residential Zone or Residential Use
Notwithstanding the above provisions, where an interior side yard andlor rear yard
abuts a residential zone or residential use, then such interior side yard shall be a
minimum of 5 metres (16.4 ft.) and such rear yard shall be a minimum of 9 metres
(29.5 ft.). The 3-metre-wide (9.8 ft.) strip immediately adjacent to the rear andlor
interior side lot lines shall include a landscaped buffer, as defined in this by-law.
TOWNSH lP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
70
12.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot, building, structure or use within the C - Commercial Zone.
12.5
SPECIAL C - COMMERCIAL ZONE
12.5.1 C-1 (Coe Hill, Township of Wollaston)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned C-1 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
-the following uses shall be permitted in addition to all other permitted uses in the
Commercial zone:
i )
6 accessory dwelling units.
All other provisions of this by-law shall apply.
12.5.2 C-2 (Coe Hill, Township of Wollaston)
f
Notwithstanding any provisions of this by-law to the contrary, on lands zoned C-2 and
i/
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following uses shall be the only permitted uses in the C-2 Commercial zone:
i)
2 principal buildings including one building which is restricted in use to a tourist
establishment with a maximum of 3 bedrooms and a second building which is
restricted in use to a clinic.
All other provisions of this by-law shall apply.
12.5.3 C-3 (Coe Hill, Township of Wollaston)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned C-3 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following uses shall be permitted in addition to all other permitted uses in the
Commercial zone:
i )
3 accessory dwelling units.
All other provisions of this by-law shall apply.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
SECTION 13 - RRC - RECREATIONAL/RESORT COMMERCIAL ZONE
13.1
Within a RRC RecreationalIResort Commercial Zone, no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than as permitted
in this section and also such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
13.2
PERMllTED USES
i)
i i)
iii)
i v)
v)
vi)
vi i)
vi i i)
ix)
x)
a convenience retail store, accessory to a principal use,
an eating establishment, accessory to a principal use,
a marina, public/private,
outside storage, located at the interior side or rear yard of a permitted principal use,
a private park,
a recreational use, passive and active outdoor,
a tent and trailer park,
a tourist establishment including a lodge, housekeeping cottages and tourist cabins,
a single detached or manufactured dwelling house, as defined in this by-law,
a use, building or structure accessory to the above uses.
13.3
ZONE REGULATIONS
a)
For All Principal Buildings or Uses
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
Lot Area (Minimum)
0.4 ha (1 .O acre)
Lot Frontage (Minimum)
46 metres (1 50.1 ft.)
Front Yard (Minimum)
8 metres (26.2 ft.)
Rear Yard (Minimum)
8 metres (26.2 ft.)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
Exterior Side Yard (Minimum)
8 metres (26.2 ft.)
Setback from any Waterbodyl
Watercourse (Minimum)
30 metres (98.4 ft.)
Lot Coverage (maximum)
30 percent
Building Height (Maximum)
1 1 metres (36.1 ft.)
Off-street parking and off-street loading facilities shall be provided in
accordance with this by-law.
Access to an accessory dwelling unit shall be separate from access to a
recreational/resort commercial use.
All means of ingress and egress shall have a minimum width of 6 metres
(19.7 ft.) and in the case of a corner lot, no means of ingress or egress shall
be located within 15 metres (49.2 ft.) of the intersection of the street lines,
or, where a corner is rounded, the points at which the extended street lines
meet.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
72
b)
For Marinas
Notwithstanding the above provisions, a marina use shall be subject to the
following special provisions in addition to all other applicable provisions of this by-
law.
i)
Where a rear yard and/or interior side yard abuts a navigable body of water,
then such rear yard and/or interior side yard may be reduced to zero metres
from established setbacks to highwater marks.
ii)
No entrance channel, turning basin, dock, communal dock or boat mooring
area shall be located closer than 60 metres (1 96.9 ft.) to a residential zone, a
residential use or a street line.
iii)
Facilities for the refuelling of marine craft shall be provided at a separate pier
or dock area from boat mooring facilities.
iv)
Catwalks shall have a minimum width of 0.6 metres (2 ft.) and boat mooring
docks shall have a minimum width of 1.2 metres (3.9 ft.).
v)
A minimum of one parking space shall be provided for every two boat slips.
C)
For Tent and Trailer Parks
Notwithstanding the above provisions, a tent and trailer park use shall be subject to
the following special provisions in addition to all other applicable provisions of this
by-law:
iii)
vi)
viii)
ix)
X)
xi)
Lot Area ( Minimum)
4.0 hectares (9.9 acres)
Distance of buildings or structures or a tent
or trailer site from any lot line (Minimum)
15 metres (49.2 ft.).
Distance of buildings or structures or a tent
or trailer site from the centre line of a public
street (Minimum)
25 metres (82.0 ft.).
Building Height (Maximum)
11 metres (36.1 ft.)
Park Density
30 tentsltrailers sites per
(Maximum)
gross hectare to a maximum of
50 sites
Site Area
200 sq. metres (2,142.8 sq. ft.)
(Minimum)
Site Frontage
6 metres (1 9.7 ft.)
(Minimum)
Maximum Number of
1 trailer
Trailers on a Site
Usable Waterfront (Minimum)
2 mlsite (6.68 ftJsite)
Lot Coverage (Maximum)
25 percent
The creation of a new tentftrailer park or the expansion of the area and/or
density of an existing park shall require an amendment to this by-law.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
7 3
d)
For Housekeeping Cottages and Tourist Cabins
Notwithstanding the above provisions, housekeeping cottages and tourist cabins
shall be subject to the following special provisions in addition to all other
applicable provisions of this by-law.
i)
Lot Area ( Minimum)
2.0 hectares (4.9 acres)
e)
For Manufactured Dwelling Houses
See Section 5.1 9 of this by-law.
f)
For an Accessory Dwelling House or Dwelling Unit
Notwithstanding the above provisions, an accessory dwelling house or dwelling
unit shall comply with the provisions of Section 5.2 of this by-law.
g)
For All Development
Notwithstanding the above provisions, all development shall be subject to the
following special provisions in addition to all other applicable provisions of this by-
law.
i)
No site, building or structure except a marine facility for launching andlor
servicing of boats or a water pump house is permitted within 30 metres
(98.4 ft.) of the highwater mark of any water body.
h)
For Accessory Buildings Not Attached To The Principal Building
i)
Rear Yard (Minimum)
1.5 metres (4.9 ft.)
ii)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft.)
iii)
Exterior Side Yard (Minimum)
8 metres (26.2 ft.)
iv)
Building Height (Maximum)
4.5 metres (1 4.8 ft.)
See also Section 5.1 of this by-law.
i)
For Lands Abutting a Residential Zone or Residential Use
i)
Notwithstanding the above provisions, where a rear yard andlor an interior
side yard of any principal use other than a tent and trailer park abuts a
residential zone or residential use, then such interior side yard shall be a
minimum of 5 metres (16.4 ft.) and such rear yard shall be a minimum of 10
metres (32.8 ft.). In all cases, the 3-metre-wide (9.8 ft.) strip immediately
adjacent to the rear andlor interior side lot lines shall include the
establishment and maintenance of a landscaped buffer, as defined in this by-
law.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
74
13.4
GENERAL PROVISIONS
All other special provisions of Section 5 "General Provisions" shall apply, where applicable,
C
to any land lot, building, structure or use within the RRC Recreational/Resort Commercial
Zone.
13.5
SPECIAL RRC - RECREATIONAURESORT COMMERCIAL ZONES
13.5.1 RRC-1 (Part Lots 52,53 and 54, Concession West Hastings Road (WHR), Township of
Wollaston)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RRC-1 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i)
a tourist establishment consisting of a maximum of 12 tourist cabins.
All other provisions of this by-law shall apply.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
75
SECTION 14 - I - INDUSTRIAL ZONE
14.1
Within a I - Industrial Zone, no person shall use any land, erect, alter, enlarge, use or
C
maintain any building or structure for any use other than as permitted in this section and
also such use, building or structure shall be in accordance with the regulations contained or
referred to in this section.
14.2
PERMITTED USES
i)
i i)
iii)
i v)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
xiii)
xiv)
xv)
xvi)
xvii)
xviii)
xix)
xx)
xxi)
an assembly operation,
a bulk storage yard,
a business, administrative or professional office accessory to a permitted industrial
use, including a union hall,
a cartage or express truck terminal,
a contractor's yard,
an equipment sales, rental and repair establishment,
a farm implement and supply dealer,
a lumber yard,
a machinelwelding shop,
a manufacturing or processing plant including storage and self-storage warehousing,
a merchandise service shop,
a motor vehicle body shop or service station,
a municipallpublic utilities yard,
a nurserylgarden centrelgreenhouse,
outside storage, located at the interior side or rear yard of a permitted principal use,
a public works/public utilities yard,
a saw andlor planing mill,
a warehouse,
a work shop, as defined in this by-law,
a dwelling unit for a caretaker or security guard as an accessory use to a principal
use, in accordance with the provisions of this by-law,
a building, use or structure accessory to the above uses including a retail outlet for
the purpose of selling goods manufactured, stored andlor assembled on the
premises, provided such outlet is part of the principal building, and occupies not
more than five (5) percent of the gross floor area of the principal building.
14.3
ZONE REGULA'TIONS
a)
For All Principal Buildings or Uses
i)
Lot Area (Minimum)
0.4 ha (1 .O acre)
ii)
Lot Frontage (Minimum)
46 metres (1 50.1 ft.)
iii)
Front Yard (Minimum)
8 metres (26.2 ft.)
iv)
Rear Yard (Minimum)
8 metres (26.2 ft.)
V)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum)
8 metres (26.2 ft.)
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
vii)
Setback from any Waterbodyl
Watercourse (Minimum)
30 metres (98.4 ft.)
viii)
Lot Coverage (Maximum)
40 percent
ix)
Building Height (Maximum)
15 metres (49.2 ft.)
X)
Off-street parking and off-street loading facilities shall be provided in
accordance with this by-law.
xi)
A sight triangle of 15 metres (49.2 ft.) (minimum) shall be ptovided on a
corner lot.
b)
For an Accessory Dwelling Unit
Notwithstanding the above provisions, an accessory dwelling unit shall comply with
the provisions of Section 5.2 of this by-law.
C)
For Accessory Buildings
i
Rear Yard (Minimum)
ii)
Interior Side Yard (Minimum)
iii)
Exterior Side Yard (Minimum)
iv)
Building Height (Maximum)
See also Section 5.1 of this by-law.
1.5 metres (4.9 ft.)
1.5 metres (4.9 ft.)
8 metres (26.2 ft.)
4.5 metres (14.8 ft.)
d)
For Lands Abutting A Residential Zone or Residential Use
Notwithstanding the above provisions, where an interior side yard andlor rear yard
abuts a residential zone or residential use, then such interior side yard andlor rear
yard shall be a minimum.of 22 metres (72.2 ft.). This 22 metre (72.2 ft.) area shall
be maintained as open space. The outside storage of goods or materials shall not be
permitted within this 22 metre (72.2 ft.) area.
e)
For Lands Abutting a Street or Private Road or Opposite a Residential Zone or
Residential Use
i
A landscaped buffer, as defined in this by-law, having a minimum width of 3
metres (9.8 ft.), shall be established and maintained along the front lot line
of any I zone. In all cases where ingress and egress driveways or walkways
extend through a landscaped buffer, it shall be permissible to interrupt the
strip within 3 metres (9.8 ft.) of the edge of such driveway or within 1.5
metres (4.9 ft.) of the edge of such walkway.
ii)
Where any lot line in an Industrial (I) Zone abuts a street or a private road or
where the lot on the opposite side of a street or a private road is in a
residential zone or use, no industrial use shall be made of any kind within
15 metres (49.2 ft.) of the abutting lot line and no parking use shall be made
of any land within 7.5 metres (24.6 ft.) of the abutting lot line.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
14.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot, building, structure or use within the I - Industrial Zone.
r ,
L
14.5
SPECIAL I - INDUSTRIAL ZONES
14.5.1 1-1 (Lot 16, Concession 9, Township of Wollaston)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned 1-1 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i)
a sheet metal fabricating shop.
All other provisions of this by-law shall apply.
14.5.2 1-2 (Lot 18, Concession 8, Township of Wollaston)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned 1-2 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i)
a woodworking shop and showroom.
All other provisions of this by-law shall apply.
14.5.3 1-3 (Lot 14, Concession 8, Township of Wollaston)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned 1-3 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i)
a landscaping business with associated parking and storage, as permitted in this by-
law.
All other provisions of this by-law shall apply.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
78
SECTION 15 - MX - MINERAL EXTRACTIVE ZONE
15.1
Within a MX - Mineral Extractive Zone, no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure for any use other than as permitted in this section
and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
15.2
PERMllTED USES
i
a pit or quarry,
ii)
a dwelling house or dwelling unit as an accessory use to an extractive use (pit or
quarry) in accordance with the provisions of this by-law,
iii)
an asphalt plant, ready-mix concrete plant and aggregate transfer station, excluding
a dwelling house or dwelling unit,
iv)
an open space, conservation, forestry and agricultural use, excluding a dwelling
house or unit,
V)
a wayside pit or quarry,
vi)
buildings, uses or structures accessory to the above uses.
15.3
ZONE REGULATIONS
a)
For Excavation Area and Storage Uses
i)
Setback from rear and interior
15 metres (49.2 ft.)
side lot lines (Minimum)
ii)
Setback from front and exterior
30 metres (98.4 ft.)
side lot lines (Minimum)
iii)
Setback from residential,
30 metres (98.4 ft.)
commercial, community facility
or industrial zone or use (Minimum)
iv)
Setback from any street, as defined
30 metres (98.4 ft.)
in this by-law (Minimum)
v)
Setback from any waterbody or watercourse 30 metres (98.4 ft.)
(Minimum)
b)
For Open and Enclosed Pit or Quarry Processing Operations
i)
Setback from rear and interior
30 metres (98.4 ft.)
side lot lines (Minimum)
ii)
Setback from front and exterior
30 metres (98.4 ft.)
side lot lines (Minimum)
iii)
Setback from residential,
90 metres (295.3 ft.)
commercial, community facility or
industrial zone or use (Minimum)
iv)
Setback from any street, as defined
in this by-law (Minimum)
30 metres (98.4 ft.)
V)
Setback from any waterbody or watercourse 30 metres (98.4 ft.)
(Minimum)
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
79
C)
For an Accessory Dwelling Unit
Notwithstanding the above provisions, an accessory dwelling unit shall comply with
the provisions of Section 5.2 of this by-law.
d)
For Accessory Buildings to Pit or Quarry Operations
i)
All yards (Minimum)
30 metres (98.4 ft.)
ii)
Setback from residential,
commercial, community facility or
industrial zone or use (Minimum)
90 metres (295.3 ft.)
iii)
Setback from any public street,
as defined in this by-law (Minimum)
30 metres (98.4 ft.)
e)
For Conservation, Forestry and Agricultural Uses
i)
The zone regulations contained in the Rural Zone of this by-law shall apply.
f)
For Open Space Uses
i
The zone regulations contained in the Open Space Zone of this by-law shall
apply.
g)
For Lands Abutting a Residential Zone or Use
i)
Notwithstanding the above provisions, where an interior side yard andlor
rear yard abuts a residential zone or use, then such interior side yard andlor
rear yard shall be a minimum of 30 metres (98.4 ft.) in width. This 30 metre
(98.4 ft.) area shall be maintained as open space. The outside storage of
goods or materials shall not be permitted within this 30 metre (98.4 ft.) area.
h)
For Lands Abutting a Street or Private Road or Opposite a Residential Zone or
Residential Use
i
A landscaped buffer, as defined in this by-law, having a minimum width of
15 metres (49.2 ft.) shall be established and maintained along the front lot
line of any MX zone. In all cases where ingress and egress driveways or
walks extend through a landscaped buffer, it shall be permissible to interrupt
the strip within 3 metres (9.8 ft.) of the edge of such driveway or within 1.5
metres (4.9 ft.) of the edge of such walk.
ii)
Where any lot line in a Mineral Extractive (MX) zone abuts a street or a
private road, or where the lot on the opposite side of a street or a private
road is in a residential zone or use, no aggregate extraction use shall be
made of any kind within 30 metres (98.4 ft.) of the front lot line and no
parking use shall be made of any land within 7.5 metres (24.6 ft.) of the
front lot line.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
80
15.4
GENERAL PROVISIONS
i)
All extractive industrial uses shall conform to the standards and regulations of the
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Aggregate Resources Act, as amended.
ii)
All special provisions of Section 5 "General Provisions" shall apply where
applicable to any land, lot, building, structure, or use within the' MX Mineral
Extractive Zone.
15.5
SPECIAL MX - MINERAL EXTRACTIVE ZONES
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
8 1
SECTION 16 - W D - WASTE DISPOSAL ZONE
16.1
Within a WD - Waste Disposal Zone, no person shall use any land, erect, alter, enlarge, use
C,
or maintain any building or structure of any use other than as permitted in this section and
also such use, building or structure shall be in accordance with the regulations contained or
referred to in this section.
16.2
PERMllTED USES
i
a waste disposal site, as defined in this by-law, including a salvage yard,
ii)
an agriculture/agricultural, open space, conservation and forestry use, excluding a
dwelling house or unit,
iii)
buildings, uses or structures accessory to the above uses.
16.3
ZONE REGULA'TIONS
a)
For Agricultural, Conservation and Forestry Uses
i)
The zone regulations of the Rural (RU) zone of this by-law shall apply.
b)
For Open Space Uses
i
The zone regulations of the Open Space (0s) zone of this by-law shall
apply.
C)
For a Salvage Yard
i
i i)
iii)
i v)
vi)
vi i)
viii)
Lot Area (Minimum)
2 ha (4.9 acres)
Lot Frontage (Minimum)
60 metres (1 96.6 ft.)
All yards (Minimum)
15 metres (49.2 ft.)
An accessory weighing scale and recording office shall be permitted no
closer than 30 metres (98.4 ft.) to a street line.
A salvage yard site shall not be located on land covered by water or subject
to flooding and shall be so located that no direct drainage leads to a
watercourse.
No open burning shall be permitted.
No salvage yard shall be located closer than 30 metres (98.4 ft.) to any
waterbody or watercourse.
Prior to the storage or processing of any goods, wares, merchandise or
articles, all fluids shall be drained and disposed of or stored for the purposes
of resale in a manner approved by the Ministry of the Environment.
d)
For All Other Waste Disposal Uses
i
No person, including the Township, shall establish, alter, enlarge or extend
any waste disposal site unless a Provincial Certificate of Approval has been
issued by the Ministry of the Environment.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
82
ii)
All waste disposal sites shall be established and operated in accordance with
the requirements of the Environmental Protection Act and the Environmental
Assessment Act.
el
For Lands Abutting a Residential Zone or Residential Use
i
Notwithstanding the above provisions, where an interior side yard andlor
rear yard abuts a residential zone or use, then such interior side yard andlor
rear yard shall be a minimum of 30 metres (98.4 ft.) in width.
this 30
metre (98.4 ft.) area shall be maintained as open space. The outside storage
of goods or materials shall not be permitted within this 30 metre (98.4 ft.)
area.
ii)
A landscaped buffer, as defined in this by-law, having a minimum width of
15 metres (49.2 ft.) shall be established and maintained along all abutting lot
line(s) of any WD zone. A fence andlor berm shall be used in addition to
the landscaped buffer so that waste materials being stored or processed on
the site are not visible from adjacent roads. All fences shall be constructed
of an opaque material and shall be painted or otherwise preserved and
maintained.
fl
For Lands Abutting a Public or Private Road Allowance or Opposite a Residential
Zone or Residential Use
i
In all cases where ingress and egress driveways or walks extend through a
landscaped buffer, it shall be permissible to interrupt the strip within 3
metres (9.8 ft.) of the edge of such driveway or within 1.5 metres (4.9 ft.) of
the edge of such walk.
ii)
Where any lot line in a Waste Disposal (WD) zone abuts a street or a private
road or where the lot on the opposite side of a street or a private road is in a
residential zone or use, no waste disposal use shall be made of any kind
within 30 metres (98.4 ft.) of the abutting lot line and no parking use shall
be made of any land within 7.5 metres (24.6 ft.) of the abutting lot line. The
intervening land shall be established and maintained as open space and
shall include a landscaped buffer, as defined in this by-law, along the
abutting lot line(s).
16.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot, building, structure or use within the WD - Waste Disposal Zone.
r
b
16.5
SPECIAL WD - WASTE DISPOSAL ZONES
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
SECTION 17 - CF - COMMUNITY FACII-ITY ZONE
17.1
Within an CF - Community Facility Zone, no person shall use any land, erect, alter, enlarge,
Ci
use or maintain any building or structure for any use other than as permitted in this section
and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
17.2
PERMllTED USES
ii)
iii)
iv)
v)
vi)
vi i)
viii)
i x)
x)
xi)
xii)
xiii)
xiv)
xv)
xvi)
any undertaking established or maintained by a governmental board, authority,
agency or commission,
any undertaking of a utility company, such as a natural gas company or
telecommunications company,
an arena,
a place of worship,
a cemetery,
a school,
a community centre including an elderly person's centre,
a day nursery,
a library,
a public park,
a camp, charitable,
a public museum or art gallery,
a recreational use, active or passive outdoor,
a fairground,
a dwelling house or dwelling unit as an accessory use to a place of worship, in
accordance with the provisions of this by-law,
buildings, uses or structures accessory to the above uses.
17.3
ZONE REGULATIONS
a)
For All Principal Buildings
i
iii)
i v)
v)
vi)
vi i)
Lot Area (Minimum)
0.4 ha (1 .O acre)
Front Yard (Minimum)
46 metres (1 50.1 ft.)
Rear Yard (Minimum)
10 metres (32.8 ft.)
Interior Side Yard (Minimum)
7.5 metres (24.6 ft.)
Exterior Side Yard (Minimum)
10 metres (32.8 ft.)
Setback from any Waterbody1
Watercourse (Minimum)
30 metres (98.4 ft.)
Lot Coverage (Maximum)
40 percent
Building Height (Maximum)
15 metres (49.2 ft.)
Off-street parking shall be provided in accordance with the provisions of this
by-law.
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
84
b)
For an Accessory Dwelling House or Dwelling Unit
Notwithstanding the above provisions, an accessory dwelling unit shall comply with
the provisions of Section 5.2 of this by-law.
C)
For Accessory Buildings
i)
Rear Yard (Minimum)
1.5 metres (4.9 ft.)
i i)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft.)
iii)
Exterior Side Yard (Minimum)
10 metres (32.8 ft.)
iv)
Building Height (Maximum)
4.5 metres (14.8 ft.)
See also Section 5.1 of this by-law.
d)
For Lands Abutting A Residential Zone or Residential Use
Notwithstanding the above provisions, where a rear yard andlor interior side yard
abuts a residential zone or residential use, then such interior side yard shall be a
minimum of 10 metres (32.8 ft.) and such rear yard shall be a minimum of 15
metres (49.2 ft.). The 3 metre-wide (9.8 ft.) strip immediately adjacent to the rear
yard andlor interior side yard shall include the establishment and maintenance of a
landscaped buffer, as defined in this by-law.
i/
17.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot, building, structure or use within the CF - Community Facility Zone.
17.5
SPECIAL CF - COMMUNITY FACILITY ZONES
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
SECTION 18 - OS - OPEN SPACE ZONE
18.1
Within an OS - Open Space Zone, no person shall use any land, erect, alter, enlarge, use or
C1
maintain any building or structure for any use other than as permitted in this section and
also such use, building or structure shall be in accordance with the regulations contained or
referred to in this section.
18.2
PERMllTED USES
i)
an open space, conservation, agriculture/agricultural use, a forestry use, all
excluding a dwelling house or unit,
ii)
a recreational use, passive outdoor,
iii)
building, uses or structures accessory to the above uses.
ZONE REGULATIONS
a)
For Agricultural, Conservation and Forestry Uses
i
The zone regulations of the Rural Zone of this by-law shall apply.
b)
For All Other Uses
i
Distance of Buildings or Structure from any Lot Line 10 metres (32.8 ft.).
(Minimum)
ii)
Distance of Buildings or Structures from the Centre
Line of any Road (Minimum)
30 metres (98.4 ft.).
iii)
Distance of any Buildings or Structures from any
Waterbody or Watercourse (Minimum)
30 metres (98.4 ft.).
iv)
Building Height (Maximum)
6 metres (1 9.7 ft.)
V)
Lot coverage (Maximum)
5 percent
18.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot, building, structure or use within the OS - Open Space Zone.
18.5
SPECIAL OS - OPEN SPACE ZONES
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
SECTION 19 - EP - ENVIRONMENTAL PROTECTION ZONE
19.1
Within an EP Environmental Protection Zone, no person shall use any land, erect, alter,
C
enlarge, use or maintain any building or structure for any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
19.2
PERMITTED USES
i
an agriculture/agricultural use existing as of the date of adoption of this by-law,
ii)
a conservation use including a conservation area, excluding any buildings,
iii)
a use that was in existence on or before the date of passage of this by-law,
iv)
a building or structure required by a public authority for flood or erosion control or
for conservation or wildlife management purposes,
v)
uses accessory to the above uses, excluding any buildings, subject to the approval
of Council in consultation with the Crowe Valley Conservation Authority andlor the
Ministry of Natural Resources.
19.3
ZONE REGULATIONS
a)
For Conservation Use and Existing Agricultural Uses
i)
The zone regulations of the RU zone of this by-aw shall apply.
b)
For Other Uses
i)
Setback of Buildings or Structures from any Lot Line 1 0 metres (32.8 ft.).
(Minimum)
ii)
Setback from any Waterbody or Water Course
30 metres (98.4 ft.)
(Minimum)
iii)
Distance between Buildings and Environmental
Protection Lands
15 metres (49.2 ft.).
19.4
GENERAL PROVISIONS
All special provisions of Section 5 General Provisions shall apply, where applicable, to any
land, lot, building, structure or use within the EP - Environmental Protection Zone.
19.5
SPECIAL EP - ENVIRONMENTAL PROTECTION ZONES
TOWNSHIP OF WOLLASTON - COMPREHENSIVE ZONING BY-LAW
TOWNSHIP OF WOLLASTON
ZONING BY-LAW 50-10
,;
APPENDIX "A"
C:
MINIMUM DISTANCE SEPRATION FORMULAE IMPLEMENTATION GUIDELINES
MDS
Implementation
Guidelines
Publication 707
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For information or to obtain copies of this or any other ministry publication, please call
1-888-466-2373 from within Ontario or OMAFRA's '171' line at (519) 826-7402 for the
hearing impaired; e-mail your requests to [email protected] or visit the
.I . r
OMAFRA website at www.omafra.gov.on.ca. Orders can be f ~ ~ e d
to (519) 826-3633
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or mailed to Service Ontario, 1 Stone Road West, Guelph, ON NIG 4Y2.
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For more information on provincial acts and regulations, visit Ontario Stahltes and
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Regulations website at www.e-1aws.gov.on.ca
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IJubllshed by the hllnistr); of Agriculture. Food and Rural Affalls
0 Queens Printel for Ontario. 2006 Toronto, Can'&
ISBN I-q2q9-lSlj-q
09-06-4hl
M ~ r ~ ~ r n u m
D~stance Separat~on (MDS] Forrnulae - Irnplernentst.ior~ Gu~del~nes
of the document A Suggested Codr of PI-acticr. Ontario was experiencing what at the
a
time seemed llke a proliferation of new, large livestock and poultry barns 'Large' at that
-<& ,
-
time was 600 feedei hogs, 60 dairy cows, or 15,000 chlcken broilers These seem small
by today's standards Today, large barns are commonly triple the size of those of the
.
*.
past, accommodating 2,000 feeder hogs, 250 dairy cows, or 50,000 chicken brollers at
one time To address nuisance effects associated with odour, A Suggested Code of Prnctzce
recommended fured mini~nuin separation distances between livestock or poultry barns
and nelghbour~ng houses, residential zones, lot lines and roads
A Szrggested Code of Practice encouraged farmers to apply for a Certificate of Approval
from the government. The Certificate outlined the minimum amount of land required
based on the avoidance of risk to ground water pollution by compounds of nitrogen,
and the number of animal units on the farm. A Szrggested Code of Practice rationalized
C
that the effect of objectionable odours in a neighbourhood could be reduced if livestock
and poultry facilities were located as far as practically possible from nearby dwellings. It
recommended simple, fixed minimum separation distances for both the
proposed barn and manure storages.
Revisions were made in a subsequent edition of A Suggested Code ofpractice in 1973.
While it contained a framework for the establishment and expansion of livestock
enterprises, it provided little protection from encroachment by other land uses
In 1976, the Agricultural Code of Pmctice was published which incorporated a number
of changes and provided a two way approach to separating livestock and poultry barns
from non-compatible uses and vice-versa. It introduced the concept of a sliding scale
for separation distances, since fixed distances were too restrictive, or too lenient,
depending on the size and type of farm.
In 1976, the Minimum Distance Separation I (MDS I) formula was established to
determine the minimum separation distances between proposed new development and
C
existing livestock facilities and/or permanent manure storages.
The Minimum Distance Separation I1 (.MDS 11) formulfi was developed to determine
the minimum separation distances between proposed new, efi1al.gt.d oi remodelled
ljvestock faciliries and/or peir2acent manure storages and (?!her exis::ng or appro\-ed
developmen:
Both formulae wele updated slightly in 1995 in mo docunlents entitled. Mi??i?ntlm
Distunce Sepumtiou I (MDS I) and Mi17i711zi111 Dist~~i~ce
Separatiou II (MDS II) but t!le
basic principles of the formulae remained the same
This document replaces all earlier versions of the MDS Fornl~~lae
A review of this document will be undertaken by OMAFRA every five years to ensure
the document reflects current land use planning practices and technological innovation
within the livestock industry, and continues to meet the needs of agriculture and rural
conmunities.
NOTE TO THE USER REGARDING CD SOFTWARE - To assist municipalities, farmers,
consultants and the general public, as a public seivice, OMAFRA has developed a
software program for distribution and use with the MDS Formulae. The 2006 version
distributed by OMAFRA will be considered to be the official version for purposes of
calculating MDS. OMAFRA is not responsible for errors due to inaccurate or incorrect
data or information; mistakes in calculation; errors arising out of modification of the
software, or errors arising out of incorrect inputting of data. All data and calculations
should be verified before acting on them.
New urban development meets an existing livestock facility
BACKGROUND
DEFINITIONS
I
IMPLEMENTA-IIOIV GUIDELINES -
MlNlMLlM DISTANCE SEPARATION FORMULAE
General Rules and Application of MDS Formulae
Determining Livestock Facility Capacity
Anaerobic Digesters
MDS Formulae and Factors
Type A and B Land Uses
Applying NlDS - Measurement of MDS Setbacks
Applying MDS - Minor Variances
MDS I Calculation Form
0 MDS II Calculation Form
FACTOR TABLES
Table 1: Factor A [Odour Potential] and Factor D
[Manure or Material Form in Storage Facility]
Table 2: Factor B [Nutrient Units Factor]
Table 3: Factor C [Orderly Expansion Factor]
Table 4: Factor E [Encroaching Land Use Factor]
Table 5: Permanent Manure or Material Storage Types
Table 6: MDS 1/11 Separation Distances for Permanent
Manure or Material Storage Types in Table 5
Appendix: Manure or Mater~al Storage Types
C ADDITIONAL INFORMATION
Table of Contents
. . .
Ill
Minimum Distance Separation [MDS] Fnrrriulae -- Implementation Gi~~delines
L
Rural Ontario continues to evolve and change Farms are increasing in size and
complexit).. Fewer people living in rural areas are farmeis In 2001, rural residents
accounted for about 17 percent of Ontario's total population of 11.5 million people.
Farmers made up only one percent of Ontario's total population, and only six percent
of the rural population. Only about 1 in 18 people living in rural Ontario actually farms
The number of farmers continues to decrease.
Agriculture continues to evolve and change. Agriculture in Ontario is diverse with a
larger number of different crops and commodities. Agriculture in Ontario contributes
jobs and billions of dollars per year to the provincial economy.
Increasingly, farm operators are finding it more and more difficult to expand or establish
new livestock operations, especially in parts of the province, where historically there
has been a great deal of fragmentation of the agricultural land base, through lot creation.
Successful livestock operations are limited in the areas where they can affectively be
located on suitable agricultural land and away from potential land use conflicts with
neighbouring non-farm development. In recognition of the need to protect agricultural
lands for agricultural land uses, the province has adopted land use policies which
protect agricultural land and farm operations.
The Provincial Policy Statement, 2005 (PPS), is issued under the Planning Act and
provides policy direction on land use planning matters of provincial interest. The PPS
provides that the primary purpose and use of prime agricultural areas is for agriculture.
Policy 2.3.1 of the statement reads:
Pi-inze agn'ctlltural ayeas shall be protected,for long -term tlse,for agriczllture
Pn'ine agricultural areas are aseas ujhei-eprinze agnculttrral Ia~zdsppl.edon7ii1ate.
Specialty crop areas shall be given the hzghest priori!y for protection, follozl~ed 6.1.'
Classes 1, 2 and 3 soils, in this order ofplro~l'{~~.
The PPS sets out policies for prime agricultural areas and rural areas, which ensure that
L
these areas are protected for agricultural uses in the long [elm The Plunning.4ct
requires that municipal council decisions on land use planning matters be consistent
with the Provincial Policy Statement hfunicipalities are encouraged to adopt pol~cies In
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their official plans and zoning by-laws, that are more stringent than the PPS, and that
work towards controlling or limiting future development that would not be compatible
with agricultural uses and livestock operations. A principle of land use planning is the
grouping together of compatible land uses and the separating of incompatible land uses.
Unfortunately, in rural areas this principle of separating different and incompatible
land uses has not alnlays been applied. As in inany urban areas where industry and
residences are located side-by-side, conflicts about the way business is carried out
sometimes arise between farmers and their rural neighbours. Even with the best
inanageinent practices, noise and dust cannot be elinlinated from certain agricultural
operations and odours are often associated with livestock production.
The objective of Minimum Distance Separation (MDS) Formulae is to minimize nuisance
conlplaints due to odour and thereby reduce potential land use conflicts. MDS does not
account for other nuisance issues such as noise and dust.
The separation distances calculated by MDS will vary according to a number of variables
including type of livestock, size of the farm operation, type of manure system and the form
of develophent present or proposed. History shows, that where there has been sufficient
separation distance between differing n~ral uses, there have been few odour complaints.
MDS applies in both rural areas and in prime agricultural areas of municipalities, as
directed in policies 1.1.4.l(c) and 2.3.3.3 of the PPS:
New land uses, including the creation of lots, and new or expanding livestock
,facilities shall comnp(y zuith the rninimz~rn distance separation fol-mulae.
A separate document available from the Ontario Ministry of Agriculture, Food and
Rural Affairs (OMAFRA), Guide to Agricultural Land Use, (Publication 824) contains
advice on avoiding or reducing the potential for conflict between neighbouring land
uses through appropriate farm practices. It explains the role of agricultural land use
planning and advises on conflict avoidance and resolution. For rural non-farm residents,
the guide provides an overview of agricultural practices and how to minimize their
environmental impacts.
\men a neighbour is bothered by what they perceive as abnormal odours, noise or
dust, he or she should first try resolving the matter by speaking with the farmer believed
to be creating the nuisance. If the complaint is not resolved, neighbours or farmers can
seek assistance from a local Municipal Agricultural Advisory Committee, which has
been established to deal with nuisance issues, if one exists. If further mediation is still
necessary, neighbours or farmers can contact OMAFRA's Agricultural Information
Contact Centre at 1-877-424-1300. The Contact Centre will arrange for the appropriate
OMAFRA staff person to contact the parties and facilitate a conflict resolution process.
For those issues that cannot be resolved through mediation, the Nornlal Farm Practices
Protection Board, established under the Fari7ii7~~q
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FOUL/
Prod~lctiuii Prutectiu71 Act,
1998, provides a forum for complaint resolution other than the courrs.
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M~nimurn Distance Separ.atio11 (MDS] For-rriulae -- lrrlplerneritation Guidelines
While MDS is an important and effective tool for dealing with nuisance issues related
to odour, it will not eliminate all potential for odour complaints, nor will it address
other nuisance issues such as noise, dust, light, smoke, vibration or flies. The MDS
formulae is only intended to deal with odour generated from livestock facilities, such as
barns and manure storages, and is not intended to address nuisance issues related to
odour from land application of manure. In addition to the NIDS formulae, municipalities
are encouraged to develop policies in their official plans and zoning by-laws to address
Policy 2.3.5.2 and Polic7; 1.1 3.9 of the PPS, and provide for mitigation of impacts
from new or expanding settlement areas and non-agricultural uses on surrounding
agricultural operations.
For additional information about resolving nuisance complaints, see the Factsheet,
fie Farming and Food Productioi~ PI-otection Act (FFPPA.1 and Nz.lisance Covlplaints,
Order No. 05-013 or the Citizeiz's Guide to the Farnzi~zg and Food Prodz~ction Protectio~z
Act and the Normal Farm Practices Protectio~z Board are available from OMAFRA's
Agricultural Information Contact Centre, 1-877-424-1300 or the ministry's website
www.omafra.gov.on.ca.
Anaerobic digesters are able to convert manure into methane, then into elect~city
for use on the farm or for sale to others
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M~nimum D~stance Separation (MDS] Formulae - Implernent.al:~on Guidelines
.
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in thls document are defined in the Definitions section below
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Agricultural use - As defined in the Provincial Policy Statement, 2005, thls means
r~ii.+e
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the growing of crops, including nurseiy and horticultural crops, raising of Ilvestock,
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-=-- 2-
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raising of other animals for food, fur or fibre, including poultry and fish, aquaculture,
aplarles, agro-forestry, maple syrup production, and associated on-farm bulldings and
I
structures, including accommodation for full-time farm labour when the size and nature
of the operation requires additional employment
-L-
4. '
'ld
8
%
7 t 1
$ 2:
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Agricultural-related uses - As defined in the Provinclal Policy Statement, 2005.
thls means farm-related commercial and farm-related industrial uses that are small scale
-.
and directly related to the farm operation and are required in close proximity to the farm
,
operation Examples of this use Include animal husbandry services, produce or gram
P
storage facilities, and seed dealers
u
I
Anaerobic digester - ~n enclosed vessel In whlch micro-organisms break down
r
organlc matenals (e.g manure and other organic materials), in the absence of oxygen,
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resulting in the production of biogases, consisting pnmarily of methane and carbon
1
dioxlde The Mlnimum Distance Separation Formulae is to be applied to on-farm
,
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anaeroblc digesters, which utilize manure as an Input An on-farm anaerobic digester
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-
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.. .-_ _ -
may Include a co-substrate input tank fitted with a tight covei, m which pernutted
off-farm non-agricultural source materials are temporarily stored before feeding into
the anaerobic digester
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PP
,
Catastrophe - h unanticipated, disastrous loss of part, or all, of a lzvestock faczlzg,
due to fire, collapse, flood, wind, or other such event
i
C~mmercjal use - The use of land, building or structure for the purpose of buying
i
and/or selling commodltles and supplying services, such as automotive service stations,
.-+
car washes, convenience retail shops, hotels or motels, shopping centres and
. .
"d
5
supermarkets.
i
C C ~ u b s t r a t e
input tank (CSIT] - Storage for containing permitted non-agncultuial
wastes that will be blended wlrh manure in an on-farm ui7uel-obzc d~sester in order to
lnci-ease hiogas pioducrion
Digestate - End product from the anaerobic digestion of manure (and possibly
permitted cc-srrbsti-utt.
I I T ~ I I ! ~ tank materials) that has a significant reduction in pathogens
and odour.
Dwelling - Any building that 1s used oi designed for use as a domestic establishment
in which one or more persons may sleep and prepare and serve meals.
Empty facility - A liz!estock facility that does not currently contam any manure,
house any liz)estock, or contain organic material used for anaerobic digestels
Existing livestock facl/lty - A livestock facili;~, or a poition of a liz~estock facili~!,
intended for keeping or l~ousing of liuestock and containing one or more barns or
structures. Includes manure or matel.ia1 storages, whether associated with a livestock
,facilit~: or not, and anaerobic digesters, which have already been constructed.
Expanded livestock facility - Any building activity to construct or expand a
livestock facilizj~ that requires a building permit and results in an increase, or decrease,
in Nutrient Urzit capacity on a lot, where there already was some existing Nutrient
Unit capacity.
First livestock facility - Any building activity to construct a livestock facility that
requires a building permit and results in an increase in Nutrient Unit capacity on a lot,
where there was no existing Nutrient Unit capacity.
Housing capacity - Maximum livestock capacity for all facilities on a lot at any time,
even if currently empty but able to house livestock.
Industrial Use - The use of land, buildings or structures for the purpose of
manufacturing, processing, fabricating or assembly of raw materials or goods,
warehousing or bulk storage of goods, and related accessory uses.
/n~tit~t;Ona/
Use - The use of land, buildings or structures for public or social
purposes, including religious, governmental, educational, charitable, llealth, or other
non-conzmrcial uses, and may include cemeteries, places of worship, municipal
buildings, police and fire stations, schools, hospitals, and seniors complexes.
Livestock - Includes dairy, beef, swine, poultry, horses, goats, sheep, ratites,
fur-bearing animals, deer L9: elk, game animals, birds, and other animals identified
in Table 1.
Livestock facility - One or lnore barns or permanent structures with livestock-
occlrpiedpol-tio~7.s, intended for keeping or housing of liz!estock A liz!estock facili!~~
also
includes all ?77anz~re or 1i7ateiiol storages and anaei-ODIC digesters
Livestock occupied portion - Areas of lri~estock,fi;iciiitit!s whele !iz~t.stock spend
the majority of their time, allowing substantial amounts of manure to accumulate,
hut not including feed preparation rooms, nlilklng cenyres, offices n7ashi-ooms, riding
arenas, licestock loading chutes, or lr~~~stock
assembly areas
Lo~(s) - A parcel or tract of land, within a registered plan 01 s~lbdivision or described
in a deed or other legal docuinent, that is capal~le of being legally conveyed
Manure or material storage - Permanent storages, which ma\; or may not be
associated with a livestock facilign containing liquid manure ( < 183.0 dly matter), solid
manure ( 2 18% dry matter), or digestate (< 18% dry matter). Permanent storages may
come in a variety of:
locations (under, within, nearby, or remote from barn)
materials (concrete, earthen, steel, wood.)
coverings (open top, roof, tarp, or other materials)
configurations and shapes
elevations (above, below or partially above grade)
Multiple residential - Three or more residential units in the same structure.
Nutrient Unit [NU) - An amount of nutrients that give a fertilizer replacement value
of the lower of 43 kilograms of nitrogen, or 55 kilograms of phosphate as nutrient
(as defined in Ontario Regulation 267/03 made under the Mltl-iPnt Manage~nent Act, 2002).
Recreational use - high intensity - Recreational use that usually includes
buildings and/or a higher density or concentration of human activity such as golf
courses, sports fields, trailer parks, campgrounds and conservation areas with facilities.
Recreational use - /ow intensity - Recreational use that usually does not
require buildings, does not alter the soil or topography, and/or has a lower density or
concentration of human activity such as open space and environmental areas.
Residential use - The use of land, buildings or structures for human habitation.
Rural residential cluster - Four, or more, adjacent rural lots, generally one
hectare or less in size, sharing a common contiguous boundary. Lots located directly
across a road from one another shall be considered as having a common boundary.
Sett/ef?7ent areas - As defined in the Provincial Policy Statement, 2005, this means
urban areas and rural settlement areas within municip3lities (such as cities, towns,
villages and hamlets') that are:
a) built up areas where development is concentrated and which have a mix of
land uses; and
b) lands which have been designated in an official plan for development over the
long term planning horizon provided for in policy 1.1.2. In cases where land in
designated groujth areas is not available, the settlenze~lt area may be no larger
than the area where development is concentrated.
Rzlrnl residential clusters are not considered settlement areas, unless designated as such
in a municipal official plan.
Storage capacity - Maximum storage volume (measured as cubic feet or cubic
metres:) of all storages for n7,a1zzrre, or digestate treated through an a~zae~abic
digestel;
on a lot at any time, even if currently empty but able to store these materials.
Tillable hectares - Land, including pasture that can be worked or cultivated to
grow crops.
An overhead view of a concrete liquid manure storage facility
8
Mininiuni DisLance Separat~on [MDS] Formulae - 1nlplernentat;ion Guidelines
The following section outlines the specific in~plei~~entation
guidelines that need to be considered as part of the
guidelines 11ave been organized into six sections.
application and calculation of the Minimum Distance Separation (MDS) Forlnulae. To assist the user the implementation
Implementation Guidelines - Minirnurn Distance Sepal-ation Formulae
9
MDS II
Implementation
I
Guideline
I
General Rules and Application of the Minimum Distance
Separation Formulae
The follow~ng ~n~plementat~on
gu~dehnes speak to some of the general rules regard~ng the MDS Formulae, and how they are
to be referenced in planning documents and appl~ed to land use appllcahons and build~ng permits Th~s section also highlights
of the spec~fic instances where MDS Formulae are applied and exceptions where they are not applied
MDS Formulae and criteria are to be referenced in offlcial plans, included in zoning
by-laws and applied in designations and zones where livestock facilities are a
permitted use. MDS will be applied In Prime Agricultural Areas and Rural Areas
as deflned by the Provincial Policy Statement, 2005
MDS appl~es to livestock facilities It does not apply to abattoirs, ap~aries.
assembly yards, fairgrounds, feed storages, field shade shelters, greenhouses, kennels,
livestock facilities that are less than 10 m2 [ I 0 8 ft2] In floor area, machinery sheds,
mushroom farms, pastures, slaughter houses, stockyards, or temporary field
nutrient storage sites [as defined under the Nutrient Management Act, 20021.
transfer to long-term permanent storage, or transfer to field spreading areas, or
transfer off the farm entirely. Examples include. small tanks inside or just outside the
barn for settling out sand from liquid da~ry manure; small sumps inside or just
outs~de the barn for collection and/or mixing of liquid manure from several barn
areas; or concrete pads at the end of ch~cken broiler barns where solid manure is
pushed outside awaltlng pickup by a trucker These facilities should be considered as
part of the barn and have the same MDS setbacks as the barn
MDS I
10
Minirnt~rn Distanc~ Separation [MDS] Forrnula~ - Irriplernentatiorl Guidelines
,
Implementation
I
' Guideline
I
4. MDS end h
e
n
manure storages
4
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5. Whan rn NIDS Farrnulee
lrnphr&et? d
e p p M
I
6. M E end surcmunding
I
devsl~pment When i. MDS spplied? '
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.
MDS I
MDS I is applied to earthen storages,
despite the fact they are not considered
to be a building.
Best management practices recommend
the MDS formula be followed for earthen
manure storages, and this is backed up
by the Provincial Policy Statement, 2005,
'New land uses, including the creation of
lots and new or expanding livestock
facilities shall comply with the minimum
distance separation formulae'.
MDS I is applied at the time of planning
and/or development review for pmposed
new development, such as lot creation,
building permits for development on a lot in
accordance with Implementation Guideline #
6, rezoning or redesignation of agricultural
land to permit development, in pmximity to
existrilg livesmck facJi5es on an eisting or
pmposed separate parcel of land.
MDS I is applied to all livestock facilites
reasonably expected to be impacted by the
proposed development, lot creation,
rezoning or redesignation. For Type 'A'
applications, apply MDS I for livestock
facilh5es within a 1(#30 metre radius. For
Type B application apply MDS I for livestock
fadlib's within a 2(#30 metre radius.
Separate MDS I calculations should be
undertaken for each livestock facilty located
on a separate parcel of land. See
Implementation Guidelines # 34 and
# 35 for a discussion regarding Type
'A' and Type '6' land uses.
MDS 10
MDS II is triggered when a building
permit is required, but because
earthen storages are not considered to
be a building, they do not require a
building permit., However, this does not
exclude them from the requirement for
siting according to the MDS formula.
Best management practices
recommend the MDS formula be
followed for earthen manure storages,
and this is backed up by the Provincial
Policy Statement, 2005, 'New land
uses, including the creation of lots and
new or expanding livestock facilities
shall comply wrbFl the rninirnum distance
separation formulae'.
MDS II is applied at the time of
building permit application to build a
first or expanded livestock facility.
MDS II is applied to all development
reasonably expected to be impacted
by the proposed first or expanded
livestock facility.
Irnplerrlentation Gu~del~nes
-- Minir-r111rn Distance Separ-atio~i F-orr-riulae
11
MID8 10
MDS II applies to lot lines.
N/A
MDS O
Municipalities have the option, but are
strongly encouraged to apply MDS I to
development proposed through building
permit on an existing lot. Con&-uction of
a dwelling, or other structures that are
incompatible with livestock facilkies, on an
eisting lot can have a very detrimental
impact on the ability of surrounding
agricuhral operations to expand in the
Mure, and often introduces a potential new
source for nuisance complaints regarding
odour from a m/estock facilty, that would
generally not be allowed if the lot were to
be created today. To address the potential
negative impact of nuisance complaints to
surrounding liveshock operations from
development on existing lots, municipalities
are encouraged to undertake a thorough
review of this issue at the next updab of
their municipal planning documents.
Municipalities should consider approaches
to address the future use and suitability of
development on existing lots. The application
of MDS 1 to deveIopment on existing lots will
take its directjon from the applicable
municipal planning documents.
MDS I is applied to a proposed lot.
vacant or with existing structures.
Where a new lot is proposed with an
existing dwelling, and that dwelling is
already located on a lot separate from
the subject livestock facility, MDS I is not
applied as the potential odour conflict is
already present between the
neighbouring livestock facility and the
existing dwelling. However, municipalities
may choose to apply MDS I from the
neigh bouring livestock facility to a
proposed lot with an existing dwelling.
Direction to apply MDS I in these
circumstances should be clearly indicated
in the municipality's planning documents.
MDS I is applied to a proposed lot with
an existing dwelling when the dwelling is
presently located on the same lot as the
subject livestock facility.
j
'j9mplementation
' Guideline
I
7. Application of MDS to development
on exidng lots
4
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6. ~WIDS and B-
~ p p r i n s
\
9. MDS end Zoning B y h w
MDS I is applied when new development is
Amendments
proposed by way of a rezoning in a zone
where agriculture is a permitted use.
MDS I after a catastrophe that destroys
facility, providing the resulting
part or all of a dwelling, providing the
livestock facility is built no closer
resulting new dwelling is built no closer
to a surrounding development than
to a livestock facility than before the
before the catastrophe. However, if
rebuilding results in higher values for
Factor A, B and/or D than before the
catastrophe, then MDS II applies.
development, even though there may be
proposed new construction of an
existing norrag~icularml uses that do not
expanding livestock facilitylies] even
conform to MDS I requirements. Where
though there may be parts of the
there are four, or more, existing nofifarrn
existing livestock facility, that do not
uses closer to the subject livestock facilq
and in immediate proximity to the current
application, MDS I will not be applied. The
current application must not be located
13. N o n a p p t i i n of MDS to
When a municipality applies MDS I to
MDS II is not applied to buildings
a C m r ' y SbWcba'Ezs
development on an existing lot, it is not
and structures, accessory to a
applied to buildings and structures,
dwelling on an adjacent lot, such
accessory to a dwelling, such as decks,
as decks, garages, gazebos,
garages, gazebos. greenhouses.
greenhouses, outbuildings, picnic
-.
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12
Minimum D~stance Separatiori [MDS] Formulae - Implernerit.ation Guidelines
14. Livestock occupied portions of
MDS is not applied to portions of the livestock facility where livestock are not
liyestock feciiiiies
normally present for a long enough time for substantial amounts of manure to
4
4
accumulate. For example, this includes feed bins, feed preparation areas, field
shadeshelters, livestock assembly areas, livestock loading chuFes, machinery sheds,
!
milking centres, offices, riding arenas, silos or washrooms.
15. Setbecks - dwelling frum
Neither MDS I nor MDS II are applied between a dwelling and a livestock facility
lhstock facilities, same lot
located on the same lot.
1 6. h e r s h i p of djecent lend by
MDS is applied regardless of the ownership of adjacent or adjoining legally separate
am owner
lots. Ownership of adjacent or adjoining legally separate lots by the same owner does
Determining Liwes@al FaciBiEy Capacity
The following implementation guidelines provide direction on determining the capacity of a 1ivestock.facility for
calculating MDS; as well as, direction on applying MDS to empfy 1iuestock.facilities.
verify the information received from the owner of the livestock facility to ensure
For the purposes of calculations, the smallest size of livestock facility is deemed to be
five Nutrient U n b , regardless if there are fewer Nutrient Units within the livestock
livestock facilities on a lot, even if the building is not currently used, but is structurally
sound and reasonably capable of housing livestock. This also applies for permanent
manure storages on lots where there is no livestock generating manure.
MI3S I applies to empty livestock facilities if
MDS II applies to empty livestock
they are structurally sound and reasonably
facilities that are part of an expanding
capable of housing fivestock, or storing
livestock facility if they are structurally
manure. The MDS I calculation should be
sound and reasonably capable of
based on the most probable Factors A, B
housing livestock, or storing manure.
and 13. The Ministry of Agricuhure. Food
The MDS II calculation should be
Guidelines # 25. 26 and 28 regarding
Factors A, B and D.
continued.. .
Implementation Guidelines -- Minimum Distance Separation Formulae
13
l h s t o c k facilities
See Implementation Guidelines # 25,
2 6 and 2 8 regarding Factors A, B
I
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However, empty livestock facilities can
be excluded from MDS II calculations
for expanding livestock facilities if a
building permit is required for altering
the facilities so they are no longer
I
capable for the housing of livestock
(or manure]. Municipalities may
consider other approaches which
achieve the same objective.
The following implementation guidelines speak to issues related specifically to anaerobic digesters, such as determination
of appropriate MDS factors, and setbacks for co-substrate input tanks (%SIT.) and anael-obic digestus (m.).
aneerPbicdijgester~howt!3apply
F a o h u a R d C
agricultural or nowagricultural materials
supplemental agricultural or non-
the resulting material~ b-eated by the AD
production. This necessitates the
system is required.
need for larger storage for the
resulting digestate from the AD
If an adjacent livestock facility has an AD
system and there are imported
supplemental materials, then for Factor B,
In MDS II, for Factor 8,
use the
use the greater of the NU capacity for
greater of the NU capacity for
livestock on the lot, versus the NU
capacity of the proposed storage
[7C#3 W/NU] from Table 1.
volume using 19.8 m3/NU
[700 fP/NU] from Table 1.
For example, a 100 NU swine farm has an
For Factor C, use the increased NU
is just one storage of 2,376 m3 capacity.
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for the livestock on the lot.
I
For Factor B. this is 2,376 m3 + 19.8
m3/NU = 1 2 0 NU, which is greater than
100 NU for swine. Use 120 NU in Table 2
to determine Factor B.
continued.. .
14
Min~mum Distance Separation [MDSJ Forrri~rlae - Implernentation Guidelines
Implementation Guidelines
Minimum Distance Separation Fo~-rnulae
15
1
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' Implementation
Guidelins
21. Stureges for digestate from an
enaembic digester snd how to apply
iectx~rs B and C
fx~liinuad ...
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and
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MDS B
&substsate
input tanks (CSIT] ma\l be
installed to store imported agricultural or
non-agricultural materials prior to ~nput
into an anaerobic digester (AD).
The required MDS I separation from a
CSlT and/or AD is 1 2 5 m regardless of
size or type, and whether greater or
lesser MDS I setbacks are calculated
based on the livestock NU capacity or
potential NU capaclty based on tillable
hectares.
MD8 88
continued..
For example, a 1 0 0 NU swine
farm proposes to bu~ld 2,376 m3
of storage for manure and other
imported madrials treated by an
AD system
For Factor B, this is 2,376 m3 +
1 9 8 m3/NU = 1 2 0 NU, which 1s
greater than 1 0 0 NU for swine.
Use 1 2 0 NU in Table 2 to determine
Factor B.
For Factor C, the NU capacity of the
proposed storage is 1 2 0 NU
compared to 1 0 0 NU for swine.
The increase is 1 2 0 NU-1 00 NU =
20NU. or 2 0 NU/lOOIVUx 1 0 0 =
20%. Use 20% in Table 3 to
determine Factor C.
Co-substrate input tanks (CSIT] may
be installed to store imported
agricultural or non-agricultural
materials prior to input into an
anaerobic digester (AD].
The required MDS II separation from
a CSlT and/or AD, regardless of size
or type, is'
0 1 2 5 m for Type A land uses
0 2 5 0 m for Type B land uses
0 1 2 5 m to the nearest neighbour's
house
0 1 3 m to the nearest lot line
0 2 5 m to the nearest road
allowance
,
MDS Formulae and Factors
r'.
L ~ h e following implementation guidelines provide direction on the calculation of the MDS Formulae for MDS I and MDS II
In addition, they provide a brief summary of the Factors used to calculate MDS, and specific considerations related to
the calculation.
MDS I1
Implementation
Guideline
23. Calculating building base
F = Factor A x B x D x E
dimnce, F'
(Note Factor C not used ~n MDS I]
[Note Factor E not used in MDS Ill
'S' is
calculated, but read directly from Table 6 by flrst calculat~ng the bullding
If 'F' > 1000 m, the Storage Base Distance 'S' 1s the same as the Buildlng Base
Distance, 'F' as noted in Table 6.
Factor A is based on the type of livestock and its relative potential for emanating
offensive odours The higher the Factor A, the higher the odour potential, and the
Factor B is based on the number, or equivalent number, of Nutnent Units (NU) in housing
capaclty at a livestock facilhy. The higher the number of NU, the h~gher the Factor 9, and
the higher the resubng MDS separation distances, all other things being equal. See Table
2. In determining Factor 9, it may be required to interpolate a value from Table 2.
Interpolated values for Factor B should not include more than two decimal places, and
may need to be rounded accordingly.
Does not apply for MDS I
Factor C only applies for MDS 11, and is
based on the percentage increase In
the number of NU for the proposed
construchon The higher the
percentage increase, the higher the
Factor C, and the higher the resutting
b
MDS 11, all things being equal.
k
I
Expansion of a I~vestock fac~lhy is a
necessary and typical process for the
&
economic development of most farm
operabons, and can reasonably be
expected over tlme
continued
MDS I
Minimum Distance Separation [MDS] FOI-mulae - lmplerrlentation G~ridelines
28. Factor C - Orderly Expansion
Factor C allows for future expansion
Factor C IS the highest it can be for
the first livestock building [or first
permanent rnahure storage where no
l~vestock are housed] on a lot, resulting
in a building location that will allow
,
most subsequent l~vestock bulldings to
I
be bulk wlthln a reasonable building
envelope Factor C IS smallest for no
increase in NU (0% increase], or
1
decreases in NU ('negatwe' increase],
rare on most farms, except when
replacing an old building with llttle to no
addional livestock capacity, downsizing.
or when installing storages to increase
manure holding capacity to prevent
spreading at inappropriate times of the
For the purposes of determining Factor
C, all first Iwestuck facilitres are to be
calculated at Factor C = 1 .I4
Where an exisbng Iwestock facility is to
be expanded, the percentage increase
shall be calculated using: the total
additional Nutr~ent Units proposed as
the numerator, and the total existing
Nutrient Unlts as the denommator.
For example, an existhg livestock
facility currently has 2 0 0 nutrient units
and proposes to add 100 additional
Nutrient Units. In thls case percentage
increase, would be calculated as 1 0 0
NU divided by 200 NU and then
multiplied by 100 for a value of 50 %
[ I 00/200] x 1 0 0 = 50 %
continued.
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28. Factor C - Ordarly Expansion
Factor
Where a I~vestock fac111ty is to be
t
expanded, and one or more buildlng
permits to establish or expand that
hvestock fac~lity' were already issued
within the previous three years, the
percentage Increase shall be calculated
1
uslng the total additional Nutrlent Unlts
establ~shed or added by building permit
Issued during the previous three year
period, plus the proposed expansion,
as the numerator; and the total existing
Nment Units prior to the prevlous
three year period as the denominator.
For example, an existing I~vestock
acility curren* has 200 Nutrient Units
and proposes to add 100 additional
Nutrient Units. A building permlt for
this livestock facility was issued 2 years
ago, and increased the size of the
operation at that trme from 1 0 0
Nutrient Un~ts
to 2 0 0 Nutrient Units.
In this case, percentage increase
would be calculated as 200 NU 1100
NU for this expansion plus 1 0 0 NU for
expansion 2 years ago] divided by 100
NU [the total capacity of the livestock
facility 3 years ago] and then multiplied
by 100 for a value of 200%
[1100+100]/100] x 1 0 0 = 200 %
See Table 3 for further lnforrnation
In determining Factor C. it may be
requ~red to interpolate a value from
Table 3. Interpolated values for Factor
C should not include more than four
dec~mal places, and may need to be
rounded accordrngiy.
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Implementation
I
' Guideline
29. k c t o r D - Manure or Meterial
; 9
Form in Permanent Storage Factor
I
I
I
30. Factor E - Encroaching Land Use
I
Factor
j
I
31. CelcuMng weigM mmqm for
Fsctnr A
/ -\
/-'J
1
32. Galwleking weightad everages
for Rcmr D
!
I *
i
MDS 0
MD8 88
Factor D is based on the type of manure or material and its relative potential for
emanating offensive odours. The higher the Factor D, the higher the odour potential,
and the higher the resulting MDS separation distance, all other things being equal.
See Table 1.
Factor E is based on the degree of effect an
encroaching land use might have on an
exidrig IivestDck facility. The higher the
encroachment factor, the higher the potential
effect on a livestock facility, and the higher
the resuhng MDS I separation distance, all
other things being equal. See Table 4.
In MDS I. Factor A
require a weighted
average, if there are more than one type
of livestock housed with differing values
for Factor A.
For example, if an adjacent livestock
facility houses 5 0 NU of chicken broilers
with Factor A = 0.7, and 100 NU of
swine feeders with Factor A = 1.2,
then the weighted average Factor A is:
[[50 x 0.7]+[100 x 1.2]]+[50+1M3) = 1.03
When calculating a weighted average,
the value of Factor A should not include
more than two decimal places, and may
need to be rounded accordingly.
In MDS I, Factor D mav require a
weighted average, if there are more than
one type of livestock housed with differing
values for Factor D.
For example, if an adjacent livestock
facility houses 5 0 NU of chicken broilers
with Factor D = 0.7, and 1 0 0 NU of
swine feeders with Factor D = 0.8. then
the weighted average Factor D is:
[[50 x 0.7)+[100 x 0.8)]+[50+100) =
0.77
continued.. .
I
N/A
In MDS II. Factor A may require a
weighted average, if more than one
type of livestock is added with
differing values for Factor A.
For example, if a farmer proposes t o
add 50 NU of chicken broilers with
Factor A = 0.7, and 100 NU of swine
feeders with Factor A = 1.2, to a
livestock facility, then the weighted
average Factor A is:
[(50 x 0.7]+(1 00 x
1 .2]]+[50+100] = 1.03
When calculating a weighted average,
the value of Factor A should not
include more than two decimal
places, and may need to be rounded
accordingly.
In MDS II, Factor D may require a
weighted average, if more than one
type of livestock is added with
differing values for Factor D.
For example, if a farmer proposes to
add: 5 0 NU of chicken broilers with
Factor D = 0.7, and 1 0 0 NU of swine
feeders with Factor D = 0.8. then the
weighted average Factor D is:
continued,. ,
Type A and B Land Uses
These implementation guidelines outline considerations regarding the interpretation of Type A and Type B land uses
I
Implementation
Guideline
for MDS I and 11, and how different land uses should be treatedin MDS. They also provide specific direction on
exceptions to Type A and Type B land uses.
MDS I
habitation or activity.
For the purposes of MDS I, Type A land
uses include applications to rezone or
For the purposes of MDS II, Type A
redesignate agricultural lands for mdustrial,
land uses include areas zoned or
agricuIturaIreIated or recreational use -
designated industrial, agricultural-
related or recreational use - low
Type A land uses include resldentral
constructjon of a dwelling on an
dwell~ngs on lots zoned agriculture.
existing lot where the municipalhy
rural res~dent~al,
res~dential, or other
has determ~ned that MDS I should
similar zoning This includes existing
be applied, or the
residentral uses on separate lots not
creation of up to three lots either
recognized through Official Plan
by consent or plan of subdivision
designation as a residentla1 area.
by uses that have a higher density of
characterized by uses that have a
human occupancy, habiition or amvrty.
higher densty of human occupancy,
habitation or activity.
For the purposes of MDS I, Type B land
uses include applications to rezone or
For the purposes of MDS II, Type B
redesignate agflcuituml lands for residential,
land uses include areas zoned or
recreational use high - Intenslty,
institut~onal, or commercial.
Type B land uses include applications to
Type B land uses include areas
creation of residentla1 subd~v~s~ons
designated in an Offlcial Plan as
-
in rural areas, or
res~dent~al
for:
L
expansion of a salement area, or
resldentlal subd~v~sions,
or
creation of multiple residenbal
multiple res~dential, or
development, or
estate resldentlal
the creation of a lot whlch results
In a rural resldential cluster
MDS II
22
Minimum Distance Separation (MDS] Fornlulae - 1rr1plernentat;ion G~~ideliriec
I
4
\
!
Implementation
/ ' " Guideline
I
37. Application to settlement areas
,
,
I
I
I
i
i
1
36. C
e
w
-. . 3
39. R u r e J ~ n t i s I c l ~ .
40. Rewr Roc linss, eide kB fries, find
mad a
-
MD8 0
MDS I does not apply to proposed non-
agricultural uses in approved settlement
area designations. However,
municipalities have the option to apply
MDS I from livestock facilities within a
settlement area designation.
The application of MDS I will take its
direction from the applicable municipal
planning documents.
For the purposes of MDS I, cemeteries
should be considered a Type B land use.
as they are an institutional use.
For the purposes of MDS I, lot creation
which results in a rural residential cluster
should be considered a Type B land use.
N/A
MD8 80
Where municipalities permit first or
expanded livestock facilities within
approved settlement area
designations, municipalities have the
option, but ard strongly encouraged
to apply MDS II.
The application of MDS II will take its
direction from the applicable
municipal planning documents.
For the purposes of MDS II,
cemeteries should be considered a
Type B land use, as they are an
institutional use.
However, cemeteries may be treated
as a Type A land use when the
cemetery is closed and receives low
levels of visitation. Cemeteries such as
this should be clearly identified in the
municipality's planning documents.
For the purposes of MDS II, rural
residential clusters should be
considered a Type A land use, except
where they have been identified and
designated in an Official Plan.
In addition to Type A and Type B land
uses, MDS II setbacks are calculated
from rear lot lines, side lot lines, and
mad allowances.
Rear and side lot line MDS II setbacks
are calculated as 0.1 x the Building
Base Distance 'F' and Storage Base
Distance 'S'.
continued.. .
Implementation
Guideline
1
40. Resr lot lines, Side lot lines. end
Road Allowances
continued.. .
1
MDS I
MDS II
continued.. .
For example, an MDS II calculation
yields values of 100 metres for
Building Base Distance 'F' and 123
metres for Stdrage Base Distance 'S'.
The required setback for the livestock
facility from the lot lines would be 10
metres (1 00 x 0.1
I. The required
setback for the manure storage from
the lot lines would be 1 2.3 metres
(1 23 x 0.
I]. This value should be
rounded to the nearest whole number,
so in this instance, the setback for
the manure storage would be 12
metres.
Under no circumstances should the
MDS II setback from a rear or side
lot line exceed 30 metres, see
Implementation Guideline #44.
Road allowance MDS II setbacks are
calculated as 0.2 x the Building Base
Distance 'F' and Storage Base
Distance 'S'.
For example, an MDS II calculation
yields values of 100 metres for
Building Base Distance 'F' and 123
metres for Storage Base Distance 'S'.
The required setback for the livestock
facility from the road allowance would
be 20 metres (100
x 0.21.
The
required setback for the manure
storage from the mad allowance
would be 24.6 metres [I 23 x 0.21.
This value should be rounded to
the nearest whole number, so in this
instance, the setback for the manure
storage would be 25 metres.
I
Irnplernentatlon Gu~delines - Mlnirnum Distance Separation Forrnitlae
23
f - Applying MDS - Measurement of MDS Setbacks
L
The following implementation guidelines provide direction on measurement of MDS setbacks between lil/estock
facilities, and other existing or proposed development, lot lines, and road allowances.
I
MDS II
' Implementation
' Guideline
the shortest distance between the area
as the shortest distance between the
to be rezoned or redesignated and the
facility [or storage].
or expanded l~vestock faahty and the
dwell~ng/lot line/road allowance/or
area zoned or des~gnated
of the lot be~ng created and the livestock
permitted [generally greater than 1 ha],
a suitable location must be ident~f~ed
for
a 1 ha buildlng envelope outside the
MDS I setback.
Where a municipahty chooses to apply
building permit on an existing lot.
measurements are taken as the
shortest distance between the dwell~ng
or other structure to be constructed
and the livestock occupied portron of
the livestock facility.
l~nes is 30 m
MDS I
24
Irnplementation Guidelines - Mininiurn Distance Separation Formulae
Applying MDS - Minor Variances
r
I
\
i
, Implementation
Guideline
LTliis
section of the MDS Formulae in~plementation guidelines speak to specific issi~es regarding niinor variances
applications under the Planni~zg Act.
berms, or other screening do not affect MDS calculat~ons, but could be elements
MDS I setbacks should not be reduced
M~nor
variances to MDS II distances
except ~n accordance with these
can be considered based on site
environmental impacts, may warrant
that meet the intent, if not the precise
d~stances of MDS I, or mit~gate
env~ronmental impacts, may warrant
I
I
L
MDS I
Iniplementatio~~
Gu~deliries - Minirnurn Distance Sepal-ation Formulae
25
MDS I1
26
Miriimun~ Distance Separatiion (MDSI Formulae - Irnplernentation Guidelines
The following outlines the 10 Steps on how to calculate setbacks to all adjacent lil!estock
futilities, reasonably expected to be impacted by an applicant's proposed development.
Each step is colour-coded. Tlle applicable topics found in rlle Implementation Guidelines
Chart on pages 9 to 25 and the applicable Tables are noted in the steps below.
Location and
Fill in the pertinent information about the applicant, and
contact information
each adjacent livestock facility within 1000 m or more, of
the proposed development. Each livestock facility must be
on its own separate lot and should be treated as separate
calculations. All barns and structures located on one lot
should be treated as part of the same livestock facility.
lmplementation Guidelines #I through #I 6 provide
direction on the general rules and application of the
Livestock facility
For the first livestock facility identified in Step 1, fill in
animal/material
all of its existing animal/material types, descriptions,
the total maximum housing capacrty, the number of
animals/material per Nutrient Unit [NLI] and associated
manure forms. lnformation on the existing animal/material
types, descriptions, the total number of animals/material,
and associated manure forms should be obtained from the
owner of the livestock facility. It may be necessary to verify
this information independently. lnformation on the number
of animals/material per Nutrient Unit [NU] can be
determined from Table I . lmplementation Guidelines # 1 7
through #20 provide guidance on determining livestock
facility capacity. lmplementation Guidelines #21 and #22
provide direction on dealing with anaerobic digesters.
Calculate the existing total maximum NU capacity of the
Nutrient Units [NU]
livestock facility by dividing existing capacity of each
animal/material type by the number of animals/material
per NU as found in Table 1. Then, add all the existing NU
together for all the types of animal/material present, to
obtain the total maximum number of NU.
MDS I - Calculation Form
27
S, Manure Storage
Establish S [Manure Storage Base Distance] by flrst using
Base Distance
Table 5 to choose the extstlng storage at the kestock
facilitywith the hiuhest odour potential: Very Low, Low,
Medium, and High. Then, enter Table 6 under the
appropriste column and read across using 'f' calculated
from Stap 9. It may be necessary to interpolate. S, IS the
required MDS I setback from the proposed development to
the nearest manure storage at the hvestotk fac~lity
Implementzrtion Guidelines #24 and #25 pravlde further
information. lmplementat~on Guldeltnes #21 and #22
prowide further infurmatlon on dealing wlth anaerobic
digesters.
Steps 2 through 10 should be completed for any other
hestock faci7itie~i present, in accordance with
lmplementetion Guideline #6.
The calculated values of MDS can now be used in the
contaxt of the land use planning application for which they
have baen prepared. lmplementation Guidelines #35
thmugh 940 provide direction around issues regarding
Type A and Type B land uses. Implementation Guidelines
#41 through #44 provide direction around issues of
measurement of MDS setbacks, and, Implementation
Guidelines #45 and #46 provide direction on issues
mgarding minor variances.
MDS I - Calc~~lation
Form
29
Example:
Ms. Smith proposes to create a new lot, on agricultural land, adjacent to Mr. Jones' Swiney-Acres Farm.
This Iivestock facility has:
a) 1200 head swine feeder barn over a slatted floor barn where all the swine manure is stored,
b) 33000 bird chicken broiler barn @-week cycle) with solid manure stored outside, uncovered,
dry enough for a flowpath option; and,
,
C) permanent concrete storage for imported solid dairy manure 10 metres wide x 12 metres long
and 2 metre walls, with flowpath option.
The lot where all Mr. Jones' barns and manure storage are has 60 tillable hectares. There are no other
Iivestock facilities within 1000 m of the proposed lot. How far must Ms. Smith's proposed lot be from Mr.
Jones' nearest barn and nearest manure storage?
Evaluator:
Date:
File Number:
Contact Information:
Livestock Facility # 1
Livestock Facility #2, etc.
30
Mininiurn Distance Separation (MDS] Formulae - lrrlplernentation Guidelines
MDS I Calculation Form:
IMDS I - Calculation Forrn
31
MDS I CALCULATION BLANK FORM
Evaluator:
Date:
,
File Number:
Contact Information:
32
Minirnurn Dist,ance Separatiori [MDS] Forrr\ulae - 1rnplernentat;ion Guidelines
File Name
Last Name
Farm/Company
Address
Cityflown
Province
Postal Code
Upper Tier
Lower Tier
Lot
Concession
911 Number
Roll Number
Telephone
Fax
Email
Owner of Adjacent
Livestock Facility # 1
Applicant
Information
Owner of Adjacent
Livestock Facility #2, etc
\
MDS I CALCULATION BLANK FORM
MDS I - Calculation Forrr
33
Animal Type
or Material
Swine
Chickens
Imported
Manure
Description
Number
per NU
[Marcimum
300 NU]
vicinity.
Factor
A
,
Total Number of NU
Factor A [Odour Potential Factor]. . . a weighted average may be necessary
Factor D [Manure Form Factor] ... a weighted average may be necessary
Factor B [Nutrient Units Factor]
Factor E [Encroaching Land Use Factor]
Apply calculated MDS in the context of the land use planning application for which they
were prepared.
Factor
D
Maximum tillable hectares on the lot
with the livestock facilities
Existing
NU
Manure
Form
Existing
Maximum
Housing
Capacity
F [Building Base Distance, m] = Factor A x Factor D x Factor B x Factor E
S [Manure Storage Base Distance, m]
Now What?
Repeat MDS calculation process as appropriate for other livestock facilities in the
X
-
-
b-. L
34
Minirnurn Distance Separation [MDSI Formulae - lniplementation Guidelines
u
The following outlines the 10 Steps on how to calculate setbacks to all development leasonably expected
to be impacted by a proposed ,first or expanded livestock jucilitJ~. Each step is colour-coded. Applicable
topics are found in the lmplementation Guidelines Chart on pages 9 to 25 and applicable Tables are noted.
Location and
Fill in the pertinent information about the applicant who is
contact information
proposing a first, or expanded, livestock facility.
lmplementation Guidelines # I through # I 6 provide
direction on the general rules and application of the
Minimum Distance Separation Formulae.
animal/material
animal/material types, descriptions, the total maximum
housing capacity, the number of animals/material per
Nutrient Unit [NU] and associated manure forms. Table 1
and lmplementation Guidelines # I 7 through # 2 0 provide
guidance on determining livestock facility capacity.
lmplementation Guidelines #21 and #22 provide direction
on dealing with anaerobic digesters.
Calculate the existing, and proposed to be added, NU
capacity of the livestock facility by dividing existing, and
added Nutrient Units
proposed to be added, capacity of each animal/material
type by the number of animals/material per NU as found
in Table 1. Then, add all the existing, and proposed to be
added, NU together for all the types of animal/material
present, to obtain the total number of NU.
Determine Factor A [Odour Potential Factor] from Table 1,
for & each animal/material type proposed to be added,
and fill in the calculation form. If necessary, calculate the
weighted average for Factor A, if Factor A is not the same
for all animals/materials added. See lmplementation
Guidelines #26 and #31 for further direction.
MDS Il - Calc~~latlori
Forrn
35
/
/
Step 5
Weighted Factor D
Determine Factor D [Manure Form in Permanent Storage
Factor) from Table 1, for o
&
each animal/material type
added, and fill in the calculation form. If necessary,
--
calculate the weighted average for Factor D, if Factor D
is not the same for all animals/materials added. See
Implementation Guidelines #29 and #32 for further
direction.
Determine Factor B from Table 2, based on the Total NU
to be housed st the livestock facility, and fill in the space
on the calculetion form. In some cases, it will be necessary
to interpolate Factor B from Table 2, when the number of
MU is not specficeliy identified in the table. Implementation
Guideline #27 pmvides more specific direction on Factor
Determining
Percentege
tncreese for
livestock facility
Determine if a building permit was issued on this lot in the
past 3 years that increased the livestock capacity of the
livestock facility.
If 'No', use Approach [i] below to calculate Percentage
Increase.
If 'Yes', use Approach (ii] below to calculate Percentage
Increase.
Approach [ i ]
Enter total Added NU as calculated in Step 3 above. Enter
total Existing NU as calculated in Step 3 above. If total
Existing NU is zero [i.e. this is the First Livestock Facility on
the lot], then the Percentage lncrease is considered to be
at its maximum, or 7[#3% as per Table 3. If total Existing
NU is not zero, divide Added NU by Existing NU and
multiply by 100. This value is the Percentage Increase. In
rare cases of downsizing, the Added NU would actually be
'negative'. In this case, the Percentage lncrease is
'negative', but considered- to be at its minimum, or 0% as
per Table 3.
1
j
I
I
I
Approach [ii]
Enter total Added NU as calculated in Step 3 above, as
well as the total number of NU added in the past 3 years
by previous building permit[s). Enter total Existing NU of the
livestock facility as it was 3 years ago, prior to the current
application date. If total Existing NU 3 years ago was zero,
then the livestock facility in this current application and the
one(s1 constructed in the past 3 years are all considered
to be the First Livestock Facility on the lot, and the
Percentage lncrease is considered to be at its maximum,
or 700% as per Table 3. If total Existing NU 3 years ago
was not zero, divide Added NU
continued.. .
36
Minin~um Distarice Separation (MDS] Fo~~rnulae
- lrr~~lernentation
Guidelines
Step 8
Step 8
Factor C
F, Building Base
Distance
continued.. .
in this application
Added NU over the past 3 years, by
Existing NU 3 years ago and multiply by 100. This value is
the Percentage Increase. In rare cases of downsizing, the
Added NU would actually be 'negative'. In this case, the
Percentage lncrease is 'negative', but considered to be at
its minimum, or 0% as per Table 3 .
lmplementation Guideline #28 provides further direction
and assistance on calculating Percentage Increase, and
establishing Factor C.
Determine and fill in Factor C [Orderly Expansion Factor] on the
calculation form, based on the Percentage hcrease calculated
in Step 7. Factor C can be determined from Table 3. In some
instances, it may be necessary to interpolate Factor C.
lmplementatjon Guideline #28 provides direction on calculating
the Percentage Increase in NU for the proposed constructjon.
Calculate F [Building Bese Distance] = [Factor A] x [Factor
Dl x [Factor B] x [Fector C], which is the required MDS II
setbeck from & proposed first or expanded livestock
facilities to the nearest development. For further
information, see Implementation Guidelines #23 and #34.
Establish S [Msnure Storwge Base Distance] by first using
Table 5 tn choose the proposed new storage at the
hstock facility with the highest odour potential: Very Low,
h,
Medium, and High. Then. enter Table 6 under the
sppmpriata mlumn and read across using 'F' calculated
from Gt;ep 9. It may be necessary to interpolate from the
table. 'S is the required MDS II setback from &I proposed
new storages to the nearest development. lmplementation
Guidelines #24 and #25 provide further information.
Implementation Guidelines #21 and # 2 2 provide further
information on dealing with anaerobic digesters.
The calculated values of MDS II can now be applied to the
building permit application. lmplementation Guidelines #35
thrwgh #39 pmvide direction around Type A and Type B
land uses. For Type A land uses, the values of Building
Bese D ' i n c e 'F' and Storage Base Distance 'S' should be
muhiplied by 1.0 to determine the required MDS setback.
For Type B land uses, the values of Building Base Distance
'F and Storage Base Distance 'S' should be 'multiplied by
2.0 to determine the required MDS setback.
Implementstion Guideline #40 provides direction around
setbacks from rear lot lines, side Id. lines and road
ellowances. For rear and side lot lines, the values of
Building Base Distance 'F' and Storage Base Distance 'S'
should be multiplied by 0 . 1 to determine the required
continued . .
MDS 11 - Calculat~nn Fnrrrl
37
Example:
Mr. Jones proposes to build a second 1200 head swine feeder barn with concrete liquid manure storage
to go along with his existing:
1200 head swine feeder barn over a slatted floor where all the swine manure is stored;
33000 bird chicken broiler barn (Pweek cycle) with solid manure storage outside, uncovered,
dry enough for a flowpath option;
10 m x 12 m x 2 m permanent concrete storage with flowpath option, for his imported solid
dairy manure; and
The existing facilities were constructed more than 3 years ago.
How far must the proposed barn be sited from all development reasonably expected to be impacted?
Evaluator:
Date:
File Number:
Applicant Information:
Province
38
Mininl!~rrl Distance Separation [MDS) Forrriulae - 1rnplernentat;ion Guidelines
MDS II - Calculation Forrn
39
Total
N U
400,
110
12
522
Animal
Type or
Material
Swine
Chickens
Imported
Manure
F a c b o r A ~ ~ l F e c m r ) w e l g h t B d e v e r a g a m a y h e ~
Manure
Form
Liquid
Solid
Solld
l
.E
rfacear
A
l 2
N/A
N#A
Description
Feeders
[27
kg - 105 kg]
Bro~lers
[9 week cycle]
Maximum
Capacity
[1(3mx12rnx2rn:
200
Factor
AD
0.8
N/A
N/A
1
Number
per N U
6
300
19.8
Totals
-
Factor D [Manure Form Fector] weighted erverage may be necesserry
F e a t o r B [ N ~ ~ ~ )
322
Existing
Maximum
Housing
Capacity
1200
33000
240
Proposed
Maximum
Housing
Capacity
1 200
N/A
N/A
0.8
589
Exisiting
N U
200
110
12
Added
N U
200
N/A
N/A
Has a building permit been issued for the livestock facilrty on this property, in the last 3 pars that has increased its
livestock capacity? No? Yes? ET No, proceed to Approach [i); if Yes, proceed to Approach lii)
Approach Iti) - Building Pepmitts1 issued in Last 3 Years
Cablation of Percentage Imxease
Totet 2 - Total Added NU [Fmm Above] + Total
Added NU from building perrnitls] issued in the
Totat 1 - Totd Existing NU at Livestock Facdtty -
3YeamAgo
Approach [a - No Building Permits in Last 3 Yesrs
Cakulation of Percentage Increase
Totel 2 - Total Added NU [From Above]
Total I
- Total Existing NU [From Above]
200
322
a
MDS II CALCULATION BLANK FORM
Evaluator:
Date:
,
File Number:
Contact Information:
40
Minirnc~rn Distance Separation (MDS) Forrnulae - 1mplementat;ion Guidelines
File Neme
Last Neme
Farm/Company
Address
Cityflown
Province
Postal Code
Upper Tier
Lower Tier
Lot
Concession
911 Number
Roll Number
Telephone
Fax
Email
Owner of Adjacent
Livestock Facility #I
Applicant
Information
Owner of Adjacent
Livestock Facility #2, etc
MDS II CALCULATION BLANK FORM
MDS Il - Calculatiori Forrn
4 1
Factor
AD
Factor
A
Factor D [Manure Form Factor] weighted average may be necessary
Factor B [Nutrient Units Factorl
Has a building permit been issued for the livestock facility on this property, in the last 3 years that has increased its
livestock capacity? No? Yes? If No, proceed to Approach 1;); if Yes, proceed to Approach [ii)
Totals
Factor A [Odour Potential Factor] weighted average may be necessary
Manure
Form
Approach [i) - No Building Permits in Last 3 Years
Calculation of Percentage Increase
Total 2 - Total Added NU [From Above]
Total 1 - Total Existing NU (From Above]
If Total 1 = Zero - Treat as a First
Livestock Facility
% Increase: [rota1 2flotal I ] x 100
Existing
Maximum
Housing
Capacity
Number
per N U
Animal
Type or
Material
Swine
Chickens
Imported
Manure
Approach [ii) - Building Permit[s] issued in Last 3 Years
Calculation of Percentage Increase
Total 2 - Total Added NU [From Above] + Total
Added NU from building permius] issued in the
Total I
- Total Existing NU at Livestock Facility -
3 Years Ago
If Total 1 = Zero -
Treat as a First Livestock Facility
- --
-
--
% Increase: [Total 2flotal I
1 x 100
Exisiting
N U
Description
Total
N U
I
Proposed
Maximum
Housing
Capacity
Factor C [Orderly Expansion Factorl
F [Building Base Distance, m] = Factor A x Factor D x Factor B x Factor C
S [Manure Storage Base Distance, m l
Added
N U
Now What?
Apply MDS calculation to building permit application as appropriate. For Type A land uses, the values
of Building Base Distance 'F' and Storage Base Distance 'S' should be multiplied by 1.0 to determine
the required NlDS setback. For Type B land uses, the values of Building Base Distance 'F' and
Storage Base Distance 'S' should be multiplied by 2.0 to determine the required MDS setback.
lmplementation Guideline #40 provides direction around setbacks from rear lot lines, side lot lines
and mad allowances. For rear and side lot lines, the values of Building Base Distance 'F' and Storage
Base Distance 'S' should be multiplied by 0 . 1 to determine the required MDS setback. In accordance
with Implementation Guideline #44, the required MDS setback from a rear or side lot line should
never exceed 30 metres. For road allowances, the values of Building Base Distance 'F' and Storage
Base Distance 'S' should be multiplied by 0.2 to determine the required MDS setback.
Mumber
par MU
Manure or Material Form In
Permamt Storage
Kqum Manure:
sow m.
Fame D b U.B
hmmr D c 0.7
u 98%
98 = 100%
Drq( lebter
D q MeriPc
!
1
Swine
Most systems have
liquid manure stored
under the barn slats
for short or long
periods, or in storages
located outside
Sows with litter, dry sows/boars
,- Segregated Early Weaning [SEW]
Sows with litter, dry sows or
Systems with solid
manure inside on
deep bedded packs,
or with scraped alleys
boars [nonSNV]
Breeder gilts [entire barn designed
1 5
3.33
3.5
I specifically for this purpose]
I
1 .O
Weaners [7 kg - 27 kg]
1 2 0
11.1
Feeders (27 - 105 k ~ l
1 6
11.2
Tiestall barns with
lots of bedding, or
loose housing with
deep bedded pack.
and with or without
outside yard access
-
1
Dairy Cattle
I
I
Milking-age cows [dry or nwiBkin~]
- Large-framed; 545 kg - 636 kg
0.7
[e.g. Holsteins]
- Mediumframed; 4 5 5 kg - 545 kg I 0.85
Free-stall barns with
minimal bedding.
or sand bedding, or
tiestall barns with
minimal bedding 6.
milking centre
washwater added
I
(e.g . Guernseys]
- Sniall-framed; 3 6 4 kg - 4 5 5 kg 1
1
0 . 7
I
[e.g. Holsteins]
.----.,-.
.- - - - . .
-
.. .
.- .
I - Mediumframed; 1 4 8 kg - 4 5 5 kg { 2.4
I
[e.g. Jerseys)
Heifers [5 months eo freshening1
- Large-framed; 1 8 2 kg - 545 kg
(e.g. Guernseys)
-----.-,
-
- Small-framed; 125 kg - 3 6 4 kg
2
[Jerseys]
I
Calv& [O - 6 months]
Free-stall barns with
I
minimal bedding, or
sand bedding, or
tie-stall barns with
minimal bedding 6.
milking centre
washwater added
Bedded pens or stalls
or heavily bedded calf
hutches that are
outside
[e.g. Guernseys]
-
-.
-
. -- --.. .. .- . -
. . - . .. ...... . . - ..- . . .. . -. . - . . . .. - . . .
- Small-framed; 30 kg - 1 2 5 kg
1 8.5
1
Cows, including calves to weaning
-
Beef Cattle
Bedded pack barns
with or without
outside yard access
Feeders (7 - 1 6 months]
Shortkeepers [ I 2.5 - 17.5 months]
Slatted floor systems,
or barns with minimal
bedd~ng 6 yard scraped
to B liq~l~d
starage
'
Animal
-9.
or
Material
)
Veal
Goats
Sheep
Horses
I @
I
Chickens
Turkeys
Manure or Material
PermanentStwrrge
Llqukl Menure:
Feetor D P 0.8
Lsm than la%
Dry Mmtmr
Slatted floors or
slatted stall system
N/A
N/A
N/A
Birds in cages,
manure belts, no
drying of manure,
water added
N/A
-.--e
N/A
N/A
N/A
Number
par NU
6
6
8
8
20
8
6
20
0.7
1
2
1 50
500
300
100
350
300
250
200
24.8 m2
267
67
45
- 133 --
105
-
-
-- -
75
24.8 rn2
Description
Milk-fed
Grain-fed
Does & bucks [for meat kids: includes
unweaned offspring & replacements]
Does 6, bucks (for dairy: includes
unweaned offspring & replacements]
Kids [dairy or feeder kids]
Ewes 6, rams [for meat lambs: includes
unweaned offspring & replacements)
Ewes 6, rams [dairy operation; includes
unweaned offspring & replacements)
Lambs [dairy or feeder lambs]
Large-framed. mature; s 681 kg
[including unweaned offspring]
Mediumframed, mature; 227 kg -
680 kg (including unweaned offspring]
SmalHramed, mature; < 227 kg
[including unweaned offspring]
Layer hens [for eating eggs; after
mnsfer from pullet barn]
Layer pullets [day olds until transferred
intn layer barn]
Broiler breeder growers [males/females
transferred out tu layer barn]
Broiler breeder layers [males/females
transferred in from grower barn]
Broilers on an 8 week cycle
Broilers on a 9 week cycle
Broilers on a 10 week cycle
Broilers on a 12 week cycle
Bmilers on any other cycle, or if
unknown, use 24.8 m2/NU
Turkey pullets [day old until transferred
to layer turkey barn]
Turkey breeder layers [males/females
transferred in from grower barn]
Breeder toms
Broilers [day olds to 6.2 kg]'- -
-.
Hens [day olds up to 6.2 kg to
10.8 kg; 7.5 kg is typical] -- -
--
Toms [day olds to over 10.8 to 20 kg;
14.5 kg is tyeical)
-
-
.- - -- -
Turkeys at any other weights, or if
unknown, use 24.8 rnZ/NU
Form in
Solid Men-:
Fe-
D er 0.7
1% ta 100%
Dry Malam
Heavily bedded pack
' barns
Heaviiy bedded pack
barns
All sheep systems
All horse systems
Birds in cages,
manure belts 6.
drying, or floor
systems
Bedded floors
--
Cage or slatted floor
Systems . -
Bedded floor systems
Bedded floor systems
Factor
A
1.1
0.8
0.7
0.7
0.7
1 .O
0.7
0.7
0.7
0.7
0.7
44
Minimcrrri Distance Sepal-ation (MDS) For-rnulae - Implementation Guidelines
-
Anbnal
TLpe. or
Materiel
Quail
Partridge
Pheasants
Squab
Rheas
Emus
Ostriches
Ducks
Geese
Rabbits
Chinchillas
Description
Use 24.8 rn2/NU
Use 24.8 m2/NU
Use 24.8 m2/NU
Use 24.8 m2/NU
Adults [includes replacements
6 market birds]
Adults [includes replacements
6 market birds]
Adults [includes replacements
& market birds]
Peking
Muscovy, use 24.8 m2/NU
Use 24.8 m2/NU
Breeding females [~ncluding males,
replacements & market animals)
Breeding females [including males.
replacements & market animals)
Mink
Bison
Llama
Alpaca
Wild Boar
Number
perNU
24.8 m2
24.8 17-12
24.8 17-12
24.8 m2
13
12
4
105
24.8 rn2
24.8 rn2
40
320
N/A
Factor
A
0.7
0.8
0.8
-
Bedded pack barns
with outside access or
outs~de confinement
areas
Continued ..
Manure or Material
Permmt Storege
UquH Manure:
Fector D n 0.8
h
than 18%
Dry M-r
N/A
Wire mesh
flooring systems
N/A
Breeding females [including males,
replacemerits & market animals)
Breeding females [including males,
replacements & market animals)
Adults [includes unweaned calves
& replacements]
Feeders [I 70 kg - 477 kg]
A d u b [includes unweaned young
& replacements]
Feeders [45 kg - 86 kg]
Adults [includes unweaned young
& replacements]
Feeders [23 kg - 48 kg]
Breeding age sows (includes boars,
replacements 6 weaned piglets
to 27 kg)
Finishing boars [27 kg - 86 kg)
Form in
SolCd Menure:
Fmmr D = 0.7
1 8 m 100%
Dry Mntmr
Bedded floor systems
Bedded floor systems
Cage or floor systems
25
90
1.3
4
5
16
8
26
-
5
7
1 .O
0.7
1. On farms with 103 milkingage cows [dry 6 milking!, there are usualb sbcut 23 replacement calves and 80 replacement heifers.
2. Average value for typical types of menure!; that rn~g+t be imporsed t3 2 kt, s~lch es pcultry, dairy, beef. swine, horse or other manure
N/A = Nct A?pliceble
Fact,or Tables
45
1
Animal
M e . or
Material
L
Deer
Other I'westack
not listed in this
table
Manure
imported
to a lot not
generating
manure2
Sturages for
digestare from
an Anaerobic
Digester [odours
reduced during
this process]
e S + 6
M~I$$
P e i m a e t e r a g e
enurn:
U q u h l ~ '
Fectm D = 0.8
Lusm then 18%
Dry MMar
N/A
All storages with liquld
manure
All storages w~th liquld
manure
All storages wlth liquld
manure
N
u
per NU
11
2 1
. -
- --
7
. - - - -
. -
1 4 -. . -
2
- -- - . - _ -
6
- -
4 -
. - - - -
- -
1 0
. - -- . -
-
1 3
.- - - - - - -
2 3
453.6 kg
[ I 0 0 0 Ibs]
19.8 m3
(700 ftal
19.8 ma
[700 fa1
Desdpdon
White tailed deer
- Adutts > 24 mo [including
unweaned offspring]
--
. - - -- - - - - -
-
- Feeders
-
-- -. - - - -
- -
- - -
-
Red deer
- Adutts > 24 mo [including
unweaned offspring]
.
--
- - - -
- - - - . - - -
. .
- Feeders
_ _ _ -
.
.. _
Elk
- Adutts > 24 mo [including
ul-lweaned o%~~ri!91-~-
- --- - . -.
- -- -- - -
-- -
- Feeders
- - - - - - - - - - -
- - .
.. .
-.
Elk/deef hybrids
- Adults > 24 mo [including
unweaned ofFsprin~1
. .- - - . - - - - - -
- - - - -
- Feeders
.----
.-.
- --- -- -
- -- - -- - -
Fallow deer
- Adults > 24 mo [including
unweaned offsp~ing]
- - -- - - -
-- - -
- - - - -- - - - - - -
- Feeders
To determine the number per NU,
add up the total maximum live
weight of animals and d ~ l d e
by the
weight of animals per NU in the
next column
Maximum capacity of permanent
storages at any time: solid
or liquid capacity
Maximum capacity of permanent
storages at any time: solld
or liquid capacrty
Form b
SOW Menure:
I%-
D e 0.7
18 to 100%
D y M-r
I
Bedded pack barns
wlth outs~de access
outside confinement
areas
All storages wah solld
manure
All storages wlth solld
manure
All storages with solid
manure
F-
A
0.7
0.8
1 2
0.5
Table 2: Factor B [Nutrient Units Factor)
In using Table 2 to determine Factor B! it may be necessaqr to interpolate a value for Factor B. For example, you
determine the total number of 171~frienf 1~1zif~
at a liz~estock fucilit)! to be 255 NU. Table 2 provides a value for Factor
B for 250 NU and for 260 NU, but not for 255 NU. The value of Factor B for 250 NU is 435 and the value of Factor
B for 260 NU is 441. To determine Factor B for 255 NU interpolate between the numbers 435 and 441. In this
example, the value of Factor B for 255 NU is 438.
When interpolating a value for Factor B do not include more than two deciinal places Interpolated values with
more than two decimal places should be rounded accordingly. For example, if an interpolated value for Factor B is
calculated as 499.238, then use a value of 499.24 for Factor B in the MDS calculation.
For operations less than 5 NU in size, do not interpolate, but use a Factor B of 150. For operations greater than
5000 NU in size, contact OMAFRA staff to determine Factor B.
46
Minirnurn Distance Separation [MDS] Forni~~lae
- Implementation Guidelines
Table 3: Factor C (Orderly Expansion Fsceo~D
In using Table 3 to determine Factor C, it may be necessary to interpolate a value for Factor C. For example, you
determine the percentage increase at a livestock,fucili~ to be 155%. Table 3 provides a value for Factor C for a
150% increase, and for a 160Oh increase, but not for a 155% increase The value of Factor C for a 150% increase is
0.9371 and the value of Factor C for a 160°/o increase is 0.9497. To determine Factor C for a 155% increase interpolate
between the numbers 0.9371 and 0.9497. In this example, the value of Factor C for a 155% increase is 0.9414.
1
When interpolating a value for Factor C do not include more than four decimal places. Interpolated values with
more than four decimal places should be rounded accordingly. For example, if an interpolated value for Factor C is
calculated as 0.977643, then use a value of 0.9776 for Factor C in the MDS calculation.
For operations with a 0% increase, or a decrease, i.e. 'negative' percentage increase, use a value of 0.5000 for Factor
C. Do not interpolate below a value of 0.5000. For operations with a 700% increase or greater, or for a .first livestock
facility, use a value of 1.1400 for Factor C. Do not interpolate above a value of 1.1400.
Factor Tables
Table 4: Factor E [Encroaching Land Use Factor)
Encroachment of urban development
Type A Land Use
48
Minimum Distance Separatiori (MDS) FOI-rndae - Irnplerr~ent,at;ion Guidelines
1.1
Type B Land Use
2.2
I
Table 5: Permanent Manure or Material Storage Types
Solid Manure: 18% dry matter, or more
Liquid Manure: Less than 18% dry matter
Digestate: Less than 18% dry matter
Factor Tables
Solid, ins~de, bedded pack
[manure accumulates under lrvestock over time]
v_er keeps offqrecipltation to prevent runoff]
id, outside, n o cover,
than or equal 36% dry matter
w ~ t h
covered liqu~d runoff storage
[manure not dry enough to soak up prec~pitatlon, so a l~quid
Liquld
Solid
Inside
-
-
Outside
Outside
outside-
Outside
Outside
aMedium
Hlgh
- -
Llquld
Liqu~d
Llquid
V5
-
- -
V6
-- -
-
V7
L1
L2
MI
-- --
M 2
H 1
runoff storage needed, but ~t has a permanent,&ht
cover
-
. ---
-
L~quid, inslde, underneath slatted floor
. -- [manure
- - -
is stored
-
! n d ~
tka>imals ~n the barn) -
Llquid, outside, with a permanent, tlght fitting cover
[negative pressure tarp, concrete lid, inflatable dome, etc.]
- -
--
- - --
- - - -
L~quid, (digestate), outside, no cover [all manure has been
treated through anaerobic dlgest~on, or a similar process
that reduces odours]
Solid, outside, no cover, 18% to less than 30020 dry matter,
wlth uncovered l~quid runoff storage
[manure not dry enough to soak up precipitation, so a liquid Low
runoff storage needed, but ~t is uncovered, producing more
-- odour
-- than
-- ~n V4 abeeJ _-
-
L~quid, outside, wlth a permanent floating cover
[tarps, foam panels, etc.)
L~quid, outside, no cover, straight-walled storage
-
[us_ually
- clrcular
- -
. .
or
- rectangular
-
- - -- concrete,
-
or steel storages] -
Ltquld, outslde, roof, but wlth open s~des
[roof keeps off preclpltation, but the open s~des allow w~nd to
travel over the manure and carry odours]
L ~quld, outs~de, no cover, sloped-stded storage
[earthen rnsnure storages, but not earthen runoff storages
assoclatea with a solid manure storage whlcl- are 1 1 above]
Table 6: MDS 1/11 Separation Distances for Permanent Manure or Material
Storage Types in able 5
In using Table 6 (see page 51') to determine a value for IS' - Storage Separation Distance, in some instances it may
he necessary to interpolate a value.
For example, you determine the value for Encroachment Base Distance IF' to be 106 metres. Froin Table 5, you have
determined that the livestockjic-ili& uses a storage facility with an odour potential that is considereb medium (MI)
Table 6 provides a value for Storage Separation Distance IS' for an M1 Storage for an Encroachnlent Base Distance
IF' of 100 metres and for an Encroaclment Base Distance 'F' of 110 metres, but not for an Encroachment Base Distance
IF' of 106 metres. The value of Storage Separation Distance IS' for an M1 Storage with an Encroachment Base Distance
IF' of 100 metres, is 190 metres. The value of storage Separation Distance 'S' for an M1 Storage wit11 an Encroaclment
Base Distance IF' of 110 metres, is 199 metres. To determine the value of Storage Separation Distance 'S' for an M1
Storage, with an Encroachment Base Distance IF' of 106 metres interpolate between the numbers 190 and 199. In
this example, the value of Storage Separation Distance IS' for an MI Storage, with an Encroachment Base Distance
'F' of 106 metres is 195.4 metres. This value should be rounded to the nearest whole number, in thls case 195 metres.
When interpolating a value for Storage Separation Distance IS' do not include any decimal places. Interpolated values
with decimal places should be rounded accordingly. For example, if an interpolated value for Storage Separation
Distance IS' is calculated as 202.83 metres, then use a value of 203 metres for Storage Separation Distance 'S1.
In all instances, where Encroachment or Building Base Distance IF' exceeds 1000 metres, then Storage Separation
Distance IS' will be the same value as IF'.
50
Minimurn Distance Separation [MDS] Fo~-~-rlulae
- Irnplernentation Guidelines
Table 6: MDS 1/11 Separation Distances for Permanent Manure
Description
Image
V 1
Solid, outside, no cover, greater than or equal 30% dry matter [manure
is dry enough that a flowpath option can be used for runoff control
[Nutrient Management Act, 2002)
Solid, inside, bedded pack [manure accumulates under livestock over time)
V2
Solid, outside, no cover, 18% to less than 30% dry matter, with covered
liquid runoff storage [manure not dry enough to soak up precipitation, so
a liquid runoff storage needed, but it has a permanent, tight cover]
Solid, outside, covered [cover keeps off precipitation to prevent runoff]
Liquid, outside, with a permanent, tight fitting cover [negative pressure
tarp, concrete lid, inflatable dome, etc.]
V5
Liquid, inside, underneath slatted floor [manure is stored under the animals
in the barn]
Solid, outside, no cover, 18% to less than 30% dry matter, with
uncovered liquid runoff storage [manure not dry enough to soak up
precipitation, so a liquid runoff storage needed, but it is uncovered,
producing more odour than in V 4 above)
Liquid, outside, with a permanent floating cover [tarps, foam panels, etc.]
Liquid, outside, no cover, straightwalled storage [usually circular or
rectangular concrete, or steel storages]
Liquid, outside, roof, but with open sides [roof keeps off precipitation,
but the open sides allow wind to travel over the manure and
carry odours]
Liquid, outside, no cover, sloped-sided storage [earthen manure storages,
but not earthen runoff storages associated with a solid manure storage
which are L1 above]
For further information and additional reading on related topics, please consult the
following documents. Additional training materials on MDS nlay be available on
OMAFRA's website www.omafra.gov.on.ca.
Legislation
The Planning Act, 1990
The Farnzing and Food Production Protection Act, 1998
Publications - Ontario Ministry of Municipal Affairs and Housing
Provincial Policy Statement, 2005
Publications - Ontario Ministry of Agriculture, Food and Rural Affairs
Guide to Agricultural Land Use, Publication 824
Factsheets
The Farnzing and Food Productio~z Protection Act (FFPPA) and Nziisa~zce Complair?ts,
Order No. 05-013
Farnzer and Neighboz~i Relations, Preuer7ting and Resolung Local Co~~jlicts,
Order No. 05-001
What Rum1 Neighbo~~rs
Can E.xpect From Lalge Livestock Operations, Order No. 06-027
Anaerobic Digestion Basics, Order No. 04-097
APPENDIX 'B'
NARROW WATER BODIES
(jUTDELlWES FOR 5IEASURING YARROW WATERBODlQ
TABLE "A"
PERMITTED USES IN ZONES
THE CORPORATION OF THE TOWNSHIP OF WOLLASTON
ZONl NC BY-LAW SECTION'NO.
PERMITTED USES
RESl DENTIAL
6
RU
ACCESSORY DWELLING HOUSE IN A NON-
AGRICULTUREIAGRICULTURAL USE
l
04.
7
RR
AMUSEMENT ARCADE
ARENA
ASPHALTIREADY-MIX CONCRETE AND
AGGREGATE TRANSFER STATION
ASSEMBLY OPERATION
AUCTION OUTLET
BAKERY
l
l
l
8
LSR
18
OS
l
19
EP
9
WR
l
14
I
l
15
MX
13
RRC
0
R1 -
16
WD
'
1
R2
17
CF
12
C
d
TABLE "B"
PROVISIONS FOR PRINCIPAL RESIDE
ALL SEPTIC TANK INSTALLATIONS, including tile field, shall be set back at least 30 m from the highwater mark of any
SECTION 5.0 - GENERAL PROVISIONS - See the following Sections for major additional applicable provisions:
Accessory Buildings
Accessory Dwelling HouseIUnit in Non-Residential Zone
Garden Suites
Group Homes
Home Industry
Home Occupation
Off-Street Parking Provisions
Temporary Uses
TABLE "C"
PROVISIONS FOR PRINCIPAL NON-RESIDENTIAL USES
THE CORPORATION OF THE MUNICIPALITY OF WOLLASTON
I
ALL NON-
RESIDENTIAL
0.4
46
8
8
3
8
40
15
See Section
14.3
ZONE
USES
m
0
* '
a - -
'rr .
--&,
KENNELS
6
60
90
90
90
90
11
LOT AREA (ha)
LOT
FRONTAGE (m)
FRONT
(DEPTH) (m)
EXTERIOR SIDE
(WIDTH) (m)
INTERIOR SIDE
(WIDTH) (m)
REAR (DEPTH)
(m)
MAXIMUM
LOT
COVERAGE (%)
MAXIMUM
HEIGHT OF
BUILDING (m)
ADDITIONAL
SETBACKS
-w
L
RR;:
-
KENNELS
0.6
60
90
90
90
90
11
R U . %. : t., +* 2 ,
%-
OTHER NON.
RESl DENTIAL
6
60
2 0
2 0
5
20
11
-
-
=
>
_
& < <f?*
.~
ALL NON-
RESIDENTIAL
0.4
46
6
8
3
6
40
11
See Section
12.3
OTHER
0.4
46
8
8
3
8
3 0
11
See
Section
13.3
RRC
HOUSEKEEPING
COTTAGES,
TOURIST CABINS
2
4 6
8
8
3
8
3 0
11
See Section 13.3
m - f
1
'.c; -; '"
TENT1
TRAILER PARK
4.0
4 6
15
15
15
15
25
11
See Section
13.3
MARINAS
0.4
4 6
8
8
3
8
3 0
11
See
Section
13.3
TOWNSHIP OF WOLLASTON
- Zonhg By-/a w No. ~6
-
Schedule A
@
-
0 - r n
~ ~ R S O D l l y L m
u l r n D ~ ~ l c r - N T u A r s ~
HA-
RSODllyL 0
~
~
~
m
m
l
~
r
m
~
~
s
m
n
o
~
R
B
~
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~
L
B
C
O
Y
)
~
~
~
~
(
I
)
O
)
-
a
~ R U ~ ( ~ L . Q . ~ C O W U L C ~ ~ O
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U~..~.DC~RMM~
~ w m ~ . . . . . n a w
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~
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P
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L
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Y
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~
~
L
P
R
O
R
C
I
D
(
~
Q W Z S F M ~ M C R ~
-YCm
9
=mww--m
This is !3h&lA
' ' to By-bw No.
possed I L d o y o
f
2
0
1
0
Sigmtues of Sl~linp Offic8rs
Moyu
Clerk/CAO
I'
U
aauLDa
SCALE 1:2.500
TOWNSHIP OF WOLLASTON
Zonhg By-/8 w Nb. -
Schedule B
@
-
0-0
W~~l~R(umrrnL~11)
U
~
~
~
D
~
Y
L
W
D
D
~
Y
~
WAW
RSP~UL *II)
~
~
C
~
~
S
I
D
O
~
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