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Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-1
SECTION 4
GENERAL REGULATIONS
4.1
Accessory Buildings or Structures - Attached
Unless otherwise specified, attached accessory buildings and structures are permitted in
all zones and are subject to the following provisions.
a)
Attached accessory building or structure (e.g., garage), or part thereof, accessory
to a residence shall not exceed:
i)
40% of the ground floor area of a 1-storey dwelling unit or side split
(including the attached garage); or
ii)
50% of the ground floor area of a 2-storey dwelling unit (including the
attached garage).
b)
Attached accessory building or structure shall comply to the building line
setback, rear and side yard setback and lot coverage provisions of the zone that
the lot lies unless such accessory building or structure is a deck, porch and
terrace which is subject to the regulations in Section 4.16.
c)
Attached accessory buildings or structure accessory to a residence shall be
subject to the following height requirements unless such the attached accessory
building or structure has a habitable room above it whereby subsection c) i) and
ii) does not apply. The maximum height shall not exceed:
i)
4.5 metres for any peaked roof style building as per the building height
definition and illustration in Section 3;
ii)
3.7 metres for any flat roofed building; and/or
iii)
3.5 metres for any garage door.
d)
Notwithstanding c) above, if the garage is contiguous with the massing of the
primary dwelling, the reduced height provision shall not apply, and shall be
subject to the restrictions of the primary dwelling.
e)
For attached accessory buildings existing on the day of the passing of the
previous zoning by-law 55-86 on August 19, 1986, the accessory building location
requirement shall be a distance equal to the distance between the interior lot
line, rear lot line and/or window to a habitable room of any main building on an
adjoining lot and the closest point of the existing accessory building or as set out
in b) above, whichever is less.
f)
Attached accessory building or structure shall not be used for the housing,
breeding, or raising of animals or livestock for commercial purposes. Attached
accessory building may permit the keeping of ordinary domestic household pets,
but not including horses (subject to Section 4.3), cattle, sheep, goats, chickens,
ducks, geese or other fowl or any exotic pets identified in the Animal Control By-
law.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-2
g)
Notwithstanding f) above, non-domestic pet(s) may be permitted as an
accessory use to the residence, or for therapy or companionship for people with
physical or psychological challenges provided that the non-domestic pet(s):
i)
Does not threaten the health and safety of the public;
ii)
Shall not be located, free-range or roam outdoors;
iii)
Shall only be located within a residential building and/or an attached
garage; and
iv)
Are permitted in the Animal Control By-law, as may be amended.
4.2
Accessory Buildings or Structures - Detached
Unless otherwise specified, accessory buildings and structures are permitted in all zones
and are subject to the following provisions.
a)
Buildings or structures accessory to a residential use shall not be erected on a lot
prior to the erection of the main residential building on the lot unless such
accessory building or structure is a maximum 15 square metres in area, complies
to the maximum height and setback requirements contained in this Section and
is used only for the storage of equipment (e.g., lawnmower, snowblower, garden
tools, etc.) to maintain the lot that such accessory building or structure is
erected.
b)
Accessory buildings or structures shall not be used for human habitation or as a
home industry or home business unless permitted elsewhere by this Zoning By-
law.
c)
Accessory buildings or structures shall not be used for the housing, breeding, or
raising of animals or livestock for commercial purposes. Detached accessory
building may permit the keeping of ordinary domestic household pets, but not
including horses (subject to Section 4.3), cattle, sheep, goats, chickens, ducks,
geese or other fowl or any exotic pets identified in the Township of Woolwich's
Exotic Pet By-law 86-95, as amended.
d)
Accessory buildings or structures shall not be located within an easement that is
in favour of a public authority.
e)
Accessory buildings or structures shall be located behind the building line
setback established within the zone that the lot lies unless permitted elsewhere
in this Zoning By-law (e.g., farm produce stands) and shall not be permitted
within a front yard.
f)
Notwithstanding e) above, flag poles and landscaped amenity structures may be
located within the building line setback provided that such structures are not
located within the daylight triangle on Corner Lots as per Section 4.15 of this
Zoning By-law or does not encroach onto the public road allowances or
neighbouring properties.
g)
Accessory buildings or structures, other than a boundary fence, free-standing
boundary wall or retaining wall, shall be located a minimum of 0.6 metres from
any side lot line or rear lot line. See Section 4.34 - Prohibited Obstructions /
Yard Projections for boundary/retaining walls required as part of a municipal
road or infrastructure project.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-3
h)
Notwithstanding g) above, two adjoining property owners may erect private
garages within a rear yard which have a common wall located on the lot line and
extending from ground to the roof throughout the entire length of the structure.
i)
Accessory buildings or structures shall not be erected within 3 metres of a
window to a habitable room of any main building on an adjoining lot.
j)
No detached building accessory to a residence within a Residential or
Agricultural zone, shall consist of, or be built of PODS (portable onsite storage
containers) unless it has been erected, located, and used for the purpose of an
accessory dwelling unit pursuant to Section 4.4, and/or unlicensed truck body,
vehicle body, and/or trailer; and/or part thereof.
k)
Detached building accessory to a residence within a Residential or Agricultural
zone, shall not exceed:
i)
4.5 metres in height for any peaked roofed building;
ii)
3.7 metres in height for any flat roofed building; and/or
iii)
3.5 metres in height for any garage door.
The building height shall be calculated in accordance with the definition and
illustration of "Building Height" provided in Section 3 of this By-law.
l)
In any zone, the total lot coverage of any and all detached accessory building(s),
or part thereof, shall be in accordance with the area as noted in the table below:
Zone
Detached Building - Total Maximum Allowable Accessory
Building Coverage
C-2, MU-1 to
MU-4 Zones or
any zone not
listed in this
section unless
otherwise
permitted
10% of the lot area or 70 square metres, whichever is the
lesser. Subject to meeting the total lot coverage
A
112 square metres over and above a permitted Accessory
Dwelling Unit (ADU) as per Section 4.4 - Maximum Floor
Area - (iv)
R-1
100 square metres
R-2
70 square metres
R-3 to R-5
10% of the lot area or 70 square metres, whichever is the
lesser.
R-6 and R-7
15 square metres
For the purpose of calculating the maximum building coverazge of an accessory
building, the floor area definition in Section 3 shall be used (i.e., inside
measurement of an accessory building).
m)
In addition to l) above, accessory building and structure shall comply to the
maximum lot coverage provisions in the zone that the lot lies except for those
accessory buildings and structure exempted as per the lot coverage definition in
Section 3.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-4
n)
For detached accessory buildings existing on the day of the passing of the
previous zoning by-law 55-86 on August 19, 1986, the accessory building location
requirement shall be a distance equal to the distance between the interior lot
line, rear lot line and/or window to a habitable room of any main building on an
adjoining lot and the closest point of the existing accessory building or as set out
in e) and g) above, whichever is less.
4.3
Accessory Buildings or Structures - Horses for Transportation
Notwithstanding the provisions in this Section, buildings or structures accessory to a
residence and housing horses, which are used for primary transportation purposes, are
subject to the following regulations:
a)
Shall be fully enclosed.
b)
The manure storage area shall be contained inside a building or structure and be
covered.
c)
The building must be a minimum distance of 4.5 metres from a neighbouring
dwelling.
d)
Outdoor corral area shall be contained with a minimum 1.8-metre-high sold
fence and set back a minimum of 3 metres from the side or rear lot lines but
shall not be located in the front yard.
e)
All other requirements in accordance with the accessory building and structure
regulations in this Sections 4 1 and 4.2 applies.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-5
4.4
Accessory Dwelling Units (Additional Dwelling Units)
An accessory dwelling unit(s) is permitted only on a property zoned A, R-1 to R-7, MU-1,
MU-3, MU-4, and C-2 and created accessory to a single, semi-detached, street-front row
townhouse or street front back-to-back townhouse dwelling, provided that such
dwelling types exist only as one principal unit on their respective lot, subject to
conformity with the following regulations:
A.
Maximum
Number of
Units
(i) The maximum number of accessory dwelling units are permitted in
the following manner:
- A maximum of two (2) units within the main dwelling, which may
include a basement / cellar or
- A maximum of one (1) unit within the main dwelling, which may
include a basement / cellar and a maximum of one (1) unit within
a permitted detached accessory building, or
- A maximum of one (1) unit within the main dwelling, which may
include a basement / cellar and a maximum of one (1) unit in the
form of a mobile home or Doddy House, only if the mobile home
or Doddy House is a permitted use within the zone that the
parcel lies.
(ii) In all Agricultural Zones or any site-specific zoning that permits a
mobile home or Doddy House, an accessory dwelling unit may be in
the form of a mobile home or Doddy House subject to the following:
- The mobile home or Doddy House shall be accordance with their
respective definitions in Section 3 and are not subject to the
maximum floor area requirements noted in the Subsection 4.4 B.
below;
- A permitted third dwelling unit may be located within the primary
residence or detached accessory building, which shall comply with
the maximum floor area requirements noted in the Subsection
4.4 B. below, or a permitted mobile home, which shall comply
with the definition in Section 3) as it relates to floor area; and
- Notwithstanding the above provision, no accessory dwelling unit
is permitted within a detached accessory building if the property
contains a permitted mobile home and, conversely, no mobile
home can be located on a property if there is an existing
permitted accessory dwelling unit located within a detached
accessory building on the same property.
B.
Maximum
Floor Area
(i)
Within the main dwelling the accessory dwelling unit or units
combined cannot exceed 49% of the floor area of the main
dwelling.
(ii)
Notwithstanding (i) above, if only one accessory dwelling unit is
created and exists entirely within the basement of the main
dwelling without any expansion, then the accessory dwelling unit
can exceed the maximum 49% of the floor area of the main
dwelling, provided that it does not exceed the floor area of the
main dwelling unit.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-6
(iii) Within a detached accessory building, the accessory dwelling unit
may have a floor area up to the maximum floor area permitted for
a detached accessory building coverage, subject to complying with
the applicable detached accessory building regulations contained
in this section and the applicable regulations in Section 4.2 of this
Zoning By-law.
(iv) Notwithstanding Section (iii), an accessory dwelling unit in a
detached accessory building within the Agricultural or R-1 Zones
does not count toward the total maximum allowable accessory
building size as per Section 4.2 l) but shall comply with all other
applicable regulations within the respective zones. Such accessory
dwelling unit permitted under this sub-section shall not be used or
converted to an accessory building that would exceed the total
maximum accessory building size in Section 4.2 l).
(v)
All accessory dwelling units shall have a minimum floor area in
accordance with the Ontario Building Code.
For the purpose of this sub-section in determining the maximum floor
area of an accessory dwelling unit noted in Section i) and ii) above, "floor
area" shall mean the total floor area of the entire building measured in
accordance with the definition of "floor area" in Section 3 and shall
include cellars and basements that has a minimum height from finished
floor to ceiling in accordance with the Ontario Building Code, if the
accessory dwelling is contained within or has connection to such cellars
and basements. However, maximum floor area shall not include stairs,
landings, cold cellar, utility room, exterior covered decks/porches,
balconies, terraces, attached garages, and attached carports. Any other
habitable floor area within the main dwelling unit that does not count
towards or forms part of the maximum floor area of the accessory
dwelling unit shall be contiguous with and have direct connection to the
main dwelling unit.
C.
Minimum
Number of
Parking
In conformity with the provisions of Subsection 5.7 c)
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-7
D.
Parking
Space Size
/Location
In conformity with the provisions of Subsection 5.7 c)
E.
Driveway
Provision
In conformity with the provisions of Subsection 5.7 b)
F.
Detached
Accessory
Dwelling
Unit
Provisions
(i) Shall not be located within the front yard.
(ii) Shall have a minimum rear yard setback of 4 metres and a minimum
side yard setback of 1.2 metres.
(iii) Shall not exceed a maximum height of 4.5 metres for a peaked roof
or 3.7 metres for a flat roof, except where an accessory dwelling
unit is located above an accessory building in A and R-1 zones, in
which case the maximum height shall be 7 metres for a peaked roof
or 6 metres for a flat roof, provided the side yard setback is a
minimum of 3 metres.
(iv) Shall share a driveway with the main dwelling.
(v) Shall not be severed, unless it satisfies the provisions of a single
detached dwelling within the zone that the parcel lies as well as the
severance policies in the Township Official Plan.
(vi) Shall comply with the Minimum Distance Separation (MDS)
requirements if the accessory dwelling unit is created within a
detached building but the MDS requirement is not applicable if the
accessory dwelling unit(s) is created within the main dwelling.
(vii) May include permanent buildings, mobile homes, converted storage
containers or trailers where permitted in the underlying zone and in
accordance with the Building Code, but shall not include camping
trailers, tents, yurts, truck/vehicle bodies, unconverted storage
containers or part thereof.
G.
Servicing:
(i) No accessory dwelling unit is permitted unless the appropriate
private or municipal services are available.
(ii) Accessory dwelling units connecting to a municipal system must
connect to the existing service for the lot containing the main
dwelling. No separate connection to the municipal system is
permitted.
(iii) Accessory dwelling units connecting to a private system must
demonstrate that adequate private services are available on the
subject parcel for all of the units in accordance with the Building
Code. The sharing of private services with another property is not
permitted.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-8
H.
Additional
Regs.
(i)
No home occupation shall be permitted within an accessory
dwelling unit unless the home occupation is an office as per
Section 4.24 b).
(ii)
Notwithstanding anything contrary, where the (F), (FF), (FW), (SE)
or (RBA) suffix is applied to a property or portion thereof,
accessory dwelling units shall only be permitted if a permit or
written consent is obtained from the GRCA or in compliance with
the corresponding Overlay Zone provisions in Section 15.
(iii)
Accessory dwelling units shall not include hotel or motel, rooming
house or lodging operations.
(iv)
Accessory dwelling units are permitted within a cellar or
basement.
(v)
Accessory dwelling units may have separate entrances into each
unit with no internal connection required, but such conversion
and/or expansion shall not have the appearance of a semi-
detached dwelling (i.e., which is the vertical separation and
symmetrical design of two units).
(vi)
Accessory dwelling units including mobile homes shall comply
with all other applicable regulations in Section 4 as well as the
zone in which the parcel lies if not contained in this Section.
(vii)
The creation, establishment or use of an accessory dwelling unit
shall not be permitted until a Zoning Compliance Certificate has
been issued by the Township confirming that the regulations
contained in this section and the applicable regulations elsewhere
in the By-law are complying. No change of use can be made
without the issuance of a new Zoning Compliance Certificate.
4.5
Accessory Outdoor Storage
a)
Except as specifically permitted elsewhere in this By-law, the outdoor storage or
display of goods, materials, parts, machinery, unlicenced trailers that are not
defined as a building in this Zoning By-law and the Building Code Act, unlicenced
vehicles or finished products is prohibited.
b)
Open air operations, storage and display of goods or materials are prohibited in
any required front yard or in any required side yard abutting a public street or in
any required buffer area abutting any Residential Zone unless permitted
elsewhere in this Zoning By-law.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-9
4.6
Accessory Windmills
Unless otherwise specified, accessory windmills are permitted in all zones and are
subject to the following provisions.
a)
No windmill shall be located between any building line established by this Zoning
By-law and the street.
b)
Any portion of the windmill structure shall be setback:
i)
a minimum of 1.5 times the height of the entire structure from any lot line;
and
ii)
no less than 30 metres (100 feet) from a neighbouring dwelling.
c)
The minimum distance between the ground and any protruding blades shall be
4.5 metres (15 feet) measured from the lowest point in the arc of the blades to
the ground.
d)
No lighting shall be permitted on the structure unless required by Transport
Canada for aviation purposes.
4.7
Air Conditioners
See Section 4.34 - Prohibited Obstructions / Yard Projections
4.8
Airport
a)
All lands owned by the Region and associated with the Region of Waterloo
International Airport shall be deemed to comply to this Zoning By-law in
accordance with the EM-8 Zone, and where applicable the Public Use regulations
in Section 4.35, as well as being subject to the applicable Federal regulations.
b)
See Section 15.0 of this By-law which provides development restrictions for the
applicable lands in proximity of the Waterloo International Airport, over and
above the underlining zoning.
4.9
Automobile and Farm Machinery Sales - Special Provisions
Notwithstanding any other provisions of this Zoning By-law, in the C-2, C-5, C-6, EM-1,
EM-2, EM-3, EM-4 and EM-6 Zones, the outdoor display of new or used cars, trucks or
farm machinery being offered for sale or rent, where allowed in the applicable zones
noted above, is permitted within a front or side yard provided that no such use shall be
located:
a)
between the street line and any building or setback line established by this By-
law; and
b)
within 4.5 metres of the side lot line on the side of the lot on which vehicular
access is provided to the rear yard.
4.10
Bed and Breakfast Establishments
Unless otherwise specified, a bed and breakfast establishment as defined in Section 3 is
subject to the following provisions.
a)
That the operation be located within the residential building.
b)
That a maximum of four (4) bedrooms be available for or used for the
accommodation of the travelling guests for temporary accommodations and
shall not provide accommodations in the manner defined in Section 4.37 Short
Term Rental.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-10
c)
That one (1) off-street parking space be provided for each bedroom available to
the public in addition to the space required for the residential unit. The parking
spaces may be stacked.
d)
That the operation of a bed and breakfast establishment shall not occur are until
a Zoning Compliance Certificate has been issued by the Township. No change in
use can be made without the issuance of a new Zoning Compliance Certificate.
4.11
Buffer Strips
In any zone where a buffer strip is required to address land use compatibility and not
related to a buffer area associated with an environmental feature or hazard land (e.g.,
BA Overlay in Section 15), such buffer strip shall:
a)
Shall only apply to a lot adjacent to a residential, mixed-use, institutional or
agricultural zone.
b)
Have a minimum width throughout of not less than 1.5 metres.
c)
Be located abutting the zone or lot limit, save and except that no buffer strip
shall be located between the street line and any building line established by this
Zoning By-law.
d)
Be in addition to all other yards required in the said zone.
e)
Be kept free of all parking, buildings or structures except for a legal boundary
walls or fences.
f)
Comprise of grass, trees, shrubs, flowers, accessory landscaping features.
g)
Be maintained by the owner or designated tenant(s) of land on which such
buffer strip is required.
h)
Notwithstanding the above, if a development on a property is subject to Site
Plan Approval pursuant to Section 41 of the Planning Act, a solid fence, wall, or
other landscaping feature of equivalent height may be considered in place of or
in addition to a continuous planting area unless such buffer strip requirement is
required for drainage purposes. When considering such an alternative buffer,
regard shall be given to the location, height, materials, finishing and porosity of
the wall or fence, as well as the site's characteristics.
4.12
Building Line or Building Setback Requirements
On all streets and roads within the area covered by this Zoning By-law, a building line or
building setback requirement is hereby established as follows:
a)
For Existing Buildings and Structures - buildings legally existing on the day of the
passing of this Zoning By-law, the building line or building setback requirement
shall be a distance equal to the distance between the street line and the closest
point of the existing building or as set out in Section 4.12 b) below, whichever is
less.
b)
For New Buildings, Structures, or Additions to Existing Buildings- shall be in
accordance with the building line setback requirement established in the
appliable zone of this Zoning By-law that the lot lies.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-11
c)
For Buildings and Structures Along Curved Roads - For the purpose of measuring
the applicable building line setback of a front lot line or street line that is curved,
the building line setback is measured from the applicable building/structure (i.e.,
garage, front wall, or porch of the house) to a line that is tangent to the
curvature of the front lot line and parallel to the applicable building/structure.
d)
For Building and Structures on Through Lots - For a through lot that has a 0.3
metre reserve in between the property line and the public road allowance, the
said property line is deemed to be the rear lot line and subject to the applicable
provisions to a rear lot line, and not to the building line setback provisions. If the
said rear lot line of a through lot is adjacent to public road allowance with no
intervening 0.3 metre reserve, then the minimum building line setback
requirement would apply.
4.13
Commercial Vehicles in Residential Zones
In any Residential (R) Zone, the parking or storage of commercial vehicles is subject to
the following regulations:
a)
No commercial vehicle shall be parked or stored, except within a fully enclosed
building or structure which meets the garage door height requirements as noted
in Section 4.1 c) and 4.2 k).
b)
Notwithstanding clauses a) above, any commercial vehicle may temporarily
attend a residential property while engaged in a service call or delivery for that
residential property for no more than 10 hours in one day, or for the purpose of
moving items for that residential property for no more than a 24-hour period.
c)
No parked or stored commercial vehicle shall obstruct the visibility or movement
of vehicular or pedestrian traffic within a street, lane, or sidewalk.
d)
Notwithstanding any of the above and the definition of a commercial vehicle, in
the R-1 zone, a bus, tow truck, stake bed truck, step van would be permitted.
4.14
Conflicting Regulations
See Section 2.3
4.15
Corner Lots
a)
No Obstruction on Corners - To avoid obstructing the view of a driver within a
vehicle, the following restrictions shall apply at an intersection of two public
road allowances and within the triangular space formed by joining the point of
each property line adjacent to a public road at a distance of 6.0 metres from the
point where the said lot lines that are abutting the public roads intersect, or are
extended to intersect if there is an existing daylight triangle (i.e., the "sight
triangle"). The sight triangle is further defined in Section 3):
i)
No building, structure, landscape amenities / features and/or vegetation
shall be erected, located, or planted within the daylight triangle which is
defined in Section 3;
ii)
No building, structure and/or landscape amenities / features shall be
erected or located within the sight triangle; and
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-12
iii)
No vegetation shall be planted and/or maintained within the sight triangle
at a height greater than 0.75 metres above the finished grade of either
abutting public road allowances.
b)
Special Yard Provisions - In any zone where a Residential Building - Single
Detached or a Residential Building - Duplex or a Residential Building - Semi-
Detached is permitted, a side yard requirement may be substituted for a rear
yard requirement when such Residential Building is located on a corner lot.
4.16
Decks, Porches or Terraces
The following regulations shall apply to all decks, porches or terraces unless otherwise
specified elsewhere in this By-law:
a)
The minimum setbacks for porch, deck or terrace are as follows:
Type of Structure
Required Yard
Minimum Setback
from Lot Line
Uncovered Porch, Deck or
Terrace which are 1.2 metres
or less in height above the
average finished grade
Building Line Setback or
Flankage
1.0 metre
Side Yard - Interior
Side Yard - Shared
0.6 metres
0 metres
Rear Yard
0.6 metres
Uncovered Porch, Deck or
Terrace which is more than 1.2
metres in height above the
average finished grade or any
covered Deck, Porch, or
Terrace/Balconies below
average finished grade
Building Line Setback or
Flankage
3.5 metres, or 2
metres if Section
7.3 e) applies
Side Yard
Applicable side
yard for the main
use in the zone
within which the
parcel lies
Rear Yard
4 metres
b)
Notwithstanding the above, a 1.5-metre-wide uncovered walkway (i.e., no walls,
roofs or supporting post) around an above ground pool that is greater than 0.6
metres in height shall have a minimum rear yard setback of 2 metres but shall
maintain the required side yard setback.
c)
Unheated cold storage areas underneath a front porch, deck or terrace that is
connected to the foundation of the dwelling unit and has an internal doorway
connection is subject to the building line setback in Section 4.16 a) above.
d)
Covered deck, porch and terrace may have an outdoor amenity area above with
a doorway connection to the dwelling unit.
e)
Elevated deck, porch and terrace maintaining a minimum rear yard setback of 4
metres as noted in Section 4.16 a) above may have an enclosed unheated
storage space underneath the deck, porch and terrace and may include a
doorway connection to the dwelling unit.
f)
All rear and side decks and uncovered front porches are exempt from the
maximum lot coverage calculation while a covered front porch is included such
calculation.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-13
4.17
Dwelling Conversion Provisions
In any zone where conversion of an existing Residential Building - Single Detached into
multiple residential units is permitted such conversion shall be permitted only in
conformity with the following:
a)
That the Residential Building was lawfully used as a Residential Building on the
day of the passing of this Zoning By-law, and that such Residential Building had a
floor area of not less than 140 square metres.
b)
That the building when converted will conform to the requirements of all other
by-laws of the municipality.
c)
That each residential dwelling unit created shall be fully self-contained and shall
have a minimum floor area in accordance with the Building Code.
d)
No expansion shall occur to the existing Residential Building referenced in
Section 4.17 a) which results in the creation of an additional unit(s) that could
not otherwise be created within the existing Residential Building due to the
minimum floor area size requirements for each unit noted in Section 4.17 c) or
due to other requirements contained in this section. Expansion to the existing
Residential Building, which results in only the enlargement of one or more
dwelling units and would not result in the creation of additional units, is
permitted, subject to conforming to the regulations in this section and other
applicable regulations in this By-law.
e)
Except in Zone A, each residential dwelling unit shall have a direct means of
access to a public street by means of halls or stairs.
f)
That there shall be no exterior stairways except open metal fire escapes which
shall be located only in a rear or side yard.
g)
That not less than one (1) off-street parking space be provided for each
residential dwelling unit and the installation of the driveway to access the
required parking spaces shall comply to the Residential Driveway / Parking
provisions in Section 5.
h)
That the property containing the dwelling conversion comply to the minimum lot
requirements (i.e., lot area, frontage, and width) of the applicable zone that the
parcel lies within.
i)
Notwithstanding anything contrary, where the (F), (FF), (FW), (SE) or (RBA) suffix
is applied to a property or portion thereof, dwelling conversion shall only be
permitted if a permit or written consent is obtained from the GRCA or in
compliance with the corresponding Overlay Zone provisions in Section 15.
4.18
Recognizing Existing Side Yards and Rear Yards for Residential Buildings
a)
Existing Side Yards - For buildings designed for and used as a residential building
legally existing on the day of the passing of this Zoning By-law, the side yard
requirements shall be a distance equal to the distance between the interior lot
line and the closest point of the existing buildings designed for and used as a
residential building or as set out in the applicable side yard regulations of the
zone in which the said building is located, whichever is lesser.
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Part 4 - General Regulations
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b)
Existing Rear Yards - For buildings designed for and used as a residential building
legally existing on the day of the passing of this Zoning By-law, the rear yard
requirement shall be a distance equal to the distance between the rear lot line
and the closest point of the existing building designed for and used as a
residential building or as set out in the applicable rear yard regulations of the
zone in which the said building is located, whichever is lesser.
4.19
Food Vehicles, Carts and Outdoor Vendors
Notwithstanding provisions pertaining in this By-law, all food vehicles and street
vendors shall be regulated by a separate Food Vehicles and Outdoor Vendors By-law
adopted by the Township.
4.20
Frontage on a Public Street
Unless otherwise specified by this Zoning By-law, no person shall erect any building or
structure and no person shall use any building or structure, lot, or parcel unless the lot
or parcel to be so used, or upon which the building is situated or erected or proposed to
be erected:
a)
Abuts or fronts on a street, as defined by this Zoning By-law, which is assumed
by by-law by a public authority for maintenance purposes; or,
b)
Is being constructed pursuant to a Subdivision Agreement with a public
authority;
c)
Adjacent to a street assumed by a public authority as per paragraph a) above but
is abutting a reserve along its frontage to temporary restrict access as result of
the staging of development in a plan of subdivision; or,
d)
Fronts on a year-round maintained public street that was not established as a
consequence of a Registering a Plan of Subdivision; or,
e)
Is a private street within a Plan of condominium that either provides direct
access to a public street or which connects with other private streets within a
Plan of Condominium or other Plans of Condominium to access a public street or
original road allowance.
For the purposes of this Zoning By-law, the front lot line of a lot separated from a public
street by a reserve, or a Block of land owned by a public authority shall be deemed to
abut such a public street.
4.21
Garbage and Refuse Storage
No garbage, refuse or compost shall be stored on any lot in any zone, other than an
Agricultural zone, except within the principal building or any accessory building or
structure on such lot or in a container or composter in a side yard or rear yard of such
lot and in accordance with the following.
a)
Every garbage, refuse and compost storage area required by this Zoning Bylaw,
including any garbage loading or unloading area, which is visible from the public
road, river and/or an adjoining premise zoned Residential, Mixed-Use,
Commercial, Institutional, Stockyards, or Open Space, shall have a visual screen
consisting of fencing at least 1.8 m (5.9 ft) in height and be on a concrete pad, or
within a decorative semi-underground waste containment system.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-15
b)
A dumpster, garbage container or composter shall be regulated in the same
manner as an accessory building or structure in the zone in which it is located.
c)
A residential garbage container or composter related to single detached, duplex,
semi-detached, triplex, fourplex or street fronting townhouse is exempt from the
provisions of this Section.
4.22
Group Homes
Group homes as defined in Section 3 of this Zoning By-law are considered a residential
use, are permitted within a Residential Building - Single Detached in residential zones
(R-1 to R-5 Zones) that permit such a use and shall require the issuance of a Zoning
Compliance Certificate prior to its establishment. Notwithstanding anything contrary,
where the (F), (FF), (FW), (SE) or (RBA) suffix is applied to a property or portion thereof,
a group home shall only be permitted if a permit or written consent is obtained from the
GRCA or in compliance with the corresponding Overlay Zone provisions in Section 15.
4.23
Home Business - Tradesperson
Where permitted in this Zoning By-law, Home Business - Tradesperson may be
established within a Residential Building - Single Detached and/or a permitted
accessory building on Agricultural (A) zoned properties up to 6 hectares in area, in
accordance with the following:
a)
A Home Business -Tradesperson is limited to:
i)
Individuals employed in the building trades, including bricklayers and
stonemasons; concrete contractors, carpenters and joiners; electricians;
lathers; painters; decorators and paper-hangers; plasterers; plumbers and
steamfitters; sheet metal workers; general contractors; landscapers;
flooring and carpet layers or home decorators or other similar trades which
provide an installation service but do not include the wholesale or retail
sale of construction materials or supplies, home improvement supplies or a
personal service shop, contractors yard or retail store as defined herein;
and
ii)
Small dry-industrial manufacturing operations, including wood working
shop (fabricating which involves wood, such as furniture making and wood
bending, but not including pallet making) and small engine repair.
b)
The Home Business - Tradespersons shall be clearly secondary to the principal
residential use of the lot and/or building.
c)
The dwelling on the property is occupied by the owner/operator of the Home
Business - Tradesperson.
d)
There shall be no employees permitted other than a homeowner/operator or
resident of the main dwelling for a use noted in Section 4.23 a) ii) or iii) noted
above.
e)
For uses noted in Section 4.23 a).i) there shall be no more than an equivalent of
two full time employees based on a standard workday, who are not a resident in
the main dwelling, operating, employed or sub-contracted as part of the
business from the property.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-16
f)
An accessory building to the residence may be used for the small dry-industrial
manufacturing operation, small engine repair, and the storage of equipment,
vehicles and supplies related to the Home Business - Tradesperson, provided
that not more than a total floor area 112 sq. m. shall be devoted to such use and
that no exterior alterations shall be made to any buildings or premises in
connection with the Home Business - Tradesperson.
g)
The amount of the dwelling's total floor area utilized by the Home Business for
office space shall not exceed 35 sq. m..
h)
There is no outdoor storage of goods or materials, including heaving equipment
such as excavation machinery, or any vehicles not licensed for the road.
i)
Shall not include any retail sales area including retail sale of building or
construction supplies nor automobile, small engine or machinery repair.
j)
Shall not include any processing for uses noted in Section 4.23.a) above.
k)
All buildings/structures and storage, display, parking and loading areas used in
connection with a Home Business must be separated by at least 150 metres from
buildings used for residential, recreational or institutional purposes located on
an adjacent lot. New residences on an adjacent property must be a minimum of
180 metres from buildings housing a Home Business for which a Zoning
Compliance Certificate has been issued.
l)
The home business shall not create or become a nuisance in regard to noise,
odour, dust, smoke, fumes, vibration, refuse matter or water-borne wastes,
traffic generated or parking.
m)
Shall not be in addition to a Home Occupation in Section 4.24 and
n)
No Home Business - Tradesperson shall be permitted until a Zoning Compliance
Certificate has been issued by the Township, which shall be renewed annually.
No change of use shall be made without the issuance of a new Zoning
Compliance Certificate.
4.24
Home Occupation
Where permitted in this Zoning By-law, no person(s) shall use any part of a dwelling unit
for a home occupation for the occupant of a permitted dwelling unit except in
conformity with the following regulations:
a)
That such home occupation for the occupant of a permitted dwelling unit shall
be located within a single detached dwelling unit or a permitted accessory
building and shall be for the exclusive use of the occupants of the private single
detached dwelling unit only and that there shall be no employees operating in or
from the premises at any time.
b)
Notwithstanding a) above, a home occupation used only as an office may be
permitted in other types of dwelling units permitted or the permitted accessory
building in the zone that the parcel lies subject to satisfying the regulations
noted in Subsection c) to j) below.
c)
That an area equal to not more than thirty-five (35) square metres shall be used
for such use.
d)
That there shall be no outdoor storage of goods or materials.
e)
That there shall be no display material.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-17
f)
That no retail sales or wholesale merchandising or repair service shall be
operated on the premises.
g)
That no machinery or mechanical equipment of any kind other than normal
household, hobby or office equipment shall be used on the premises in
connection with such home occupation.
h)
No home occupation shall be permitted until a Zoning Compliance Certificate has
been issued by the Township. No change in use shall be made without the
issuance of a new Zoning Compliance Certificate.
i)
That no exterior alterations shall be made to the building or premises in
connection with such home occupation or office, base, or headquarters for the
occupant of a permitted dwelling unit.
j)
Any use which is or may become obnoxious, offensive, or dangerous by reason
of the presence, emission, or production in any manner of odour, dust, smoke,
noise, fumes, vibration, refuse matter or water-carried wastes, is specifically
prohibited.
k)
That any teaching operations shall be limited to no more than four (4) students
at one time, and any clinics (massage, chiropractic, aesthetics) shall be limited to
a maximum of one patient being treated at a time, for properties within a
Residential zone.
l)
In addition to the above requirements in Section 4.24 a) to j), any
hairdressing/personal grooming operation being established as a Home
Occupation shall be subject to the following:
i)
Is contained entirely within the maximum 35 square metre floor area;
ii)
Notwithstanding Section 4.24 e) may have a small display area of not
more than 1.5 square metres to retail accessory products directly related
to the hairdressing/personal grooming operation occurring on the
property;
iii)
Shall have no external evidence of a hairdresser/personal grooming
establishment except for signs in conformity with the Township Sign By-
law; and
iv)
To provide a minimum of two (2) parking spaces on the property in
addition to the parking spaces required for the residential use(s). Parking
required for the hairdresser/personal grooming establishment may be
located ahead of the building line setback and may be stacked with only
other parking required for the Residential Building - One Units (i.e., shall
not
be
stacked
with
any
required
parking
related
to
the
hairdresser/personal grooming establishment), provided that such
stacking shall not encroach beyond the lot line.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-18
4.25
Hotel or Motel
No hotel or motel shall be erected or used except in conformity with the following
regulations:
a)
Minimum Lot Area - 1400 square metres
b)
Minimum Lot Width - 23 metres
c)
Minimum Building Line Setback and Flankage - 6 metres
d)
Minimum Side Yard a butting the same zone - 3 metres
Minimum Side Yard abutting a different zone - 6 metres
e)
Minimum Rear Yard - 7.5 metres
e)
Maximum Height - 8 storeys or 35 metres
g)
Maximum Lot Coverage - 60%
h)
Off-Street Parking and Off-Street Loading: -
In conformity with the provisions of Sections 5
i)
Lights:
In conformity with the provisions of Section 4.28
j)
Buffer Strips:
In conformity with the provisions of Section 4.11 along all zone limits
where such hotel or motel abuts a zone which permits a Residential
Building
k)
Accessory Uses:
Accessory uses to a hotel or motel shall not be interpreted to include an
automobile service station, a repair garage or gas bar but may include
associated uses defined in Section 3 for Hotels and Motels.
l)
Within Hazard Lands:
Notwithstanding anything contrary, where the (F), (FF), (FW), (SE) or (RBA)
suffix is applied to a property or portion thereof, the hotel and motel use
shall only be permitted if a permit or written consent is obtained from the
GRCA or in compliance with the corresponding Overlay Zone provisions in
Section 15.
4.26
Hydro transformers
Notwithstanding any provisions contained in this section or elsewhere in the By-law,
hydro transformers are exempt from complying to the required setbacks prescribed
within the zone in which such hydro transformers are located.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-19
4.27
Landscaped Areas / Driveways in Front Yards - Residential
In the R-1, R-2, R-3, R-4 and R-5 Zones; for triplex, fourplex, townhouse row, stacked or
back to back housing in the R-6 and R-7; for any residential use in the Mixed-Use zones;
and for a single detached or duplex housing in the C-2 Zone, the following provisions
shall apply to maintain a minimum landscaped area within the front yard of a street-
fronting residential lot:
a)
The maximum width of the driveway shall be in accordance with Section 5.7 b).
b)
The minimum width of a landscaped area shall be no less than 30% of the lot
width (continuous) measured along the front property line and being no less
than 30% of the entire area of the front yard.
c)
For the purpose of this section, a landscaped area may include grass, flowers,
shrubs, trees and landscape amenity features but shall not include impervious
surfaces that determines impervious coverage as defined in Section 3 and/or be
used as a parking space.
4.28
Lights and Signs
a)
Notwithstanding provisions pertaining to structures in this Zoning By-law, all
signs shall be erected in accordance with the Sign By-law adopted by the
Township, and where applicable, provisions established by the Region along
regional roads and the Ministry of Transportation (MTO) along Provincial
highways.
b)
Lights used to illuminate a building or premises, including a parking lot, shall be
arranged in such a manner as not to encroach onto, nor cause a glare to adjacent
premises and streets nor be erected in such a way as to be confused with traffic
signals or otherwise hazardous to traffic.
4.29
Municipal Drains
No building or structure shall be constructed no closer than a minimum of 9 metres
from top of bank of an open municipal drain and where the top of bank is not definable,
9 metres from centreline of the municipal drain, or a minimum of 4.5 metres from the
centreline of an enclosed municipal drain, which all shall be superseded if there is a
setback established through a process under the Drainage Act R.S.O c. D.17 (the
"Drainage Act"). For the purpose of this section, a municipal drain has been constructed
and with status under the Drainage Act.
4.29a Municipal Services
All new development within the settlements of Breslau, Elmira, St. Jacobs and the
Stockyards shall connect to municipal services unless otherwise permitted in a site-
specific policy area as contained in the Township's Official Plan, as implemented through
Section 16 (Exemptions) of this Zoning By-law.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-20
4.30
Occasional Use
Notwithstanding anything else in this by-law, an occasional use as defined herein is a
permitted use in any zone, subject to the following:
a)
Every occasional use, except garage sales noted in Section 4.30 c) below, shall
only occur a maximum of 4 separate events in a calendar year, where each event
is limited to 3 consecutive days or less.
b)
No occasional use shall be offensive to any area resident by way of the emission
of light, heat, fumes, noise, vibration, gas, dust, odour, or pollution of any kind.
c)
A maximum of 3 garage sales are permitted to be conducted on any given
property in any 1 calendar year and for a garage sale each separate sale shall be
limited to a maximum duration of 2 consecutive days.
4.31
Outdoor Swimming Pools Accessory to Residential Use
Nothing in this By-law shall apply to prevent the use of land or the erection, location or
use of a building or structure for the purposes of an outdoor swimming pool as a use
accessory to a permitted residential use on the same lot. An outdoor swimming pool
shall be located or erected in accordance with the following:
a)
No outdoor swimming pool shall be located within any part of a required front
yard or within the flankage on a corner lot adjacent to a public road (i.e.,
flankage side yard);
b)
An outdoor swimming pool shall not be located within 1 m of any rear or interior
side lot line;
c)
An outdoor swimming pool, above or below ground, are not subject to the Lot
Coverage requirements.
d)
Any accessory buildings used in conjunction with an outdoor swimming pool
such as a change rooms, a cabana, a mechanical building, or a sauna shall comply
with the regulations for an Accessory Buildings or Structures in Section 4.2; and
e)
Is subject to all regulations in the Township's approved Pool By-law as may be
amended.
4.32
Parks/Recreation Areas/Conservation Areas - Publicly Owned
Notwithstanding anything contained in this Zoning By-law, publicly owned parks,
publicly owned recreation areas and facilities and publicly owned conservation areas
shall be permitted uses in any zone as defined in this By-law.
4.33
Pits and Quarries
Except by amendment to this Zoning By-law, the making or establishment of pits and/or
quarries within the Township is hereby prohibited save and except for those areas
located in Zone E and shown on the maps forming Schedule "C" to this Zoning By-law.
Nothing in this By-law shall prevent the making or establishment of a wayside pit or
wayside quarry as defined in this By-law unless in contravention with policies in the
Regional Official Plan and/or the Township Official Plan.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-21
4.34
Prohibited Obstructions / Yard Projections
Required Yards shall not be obstructed in any manner whatsoever, except in accordance
with Table below. Sight Triangle prevails in the event of a conflict with this Section.
TABLE PERMITTED YARD PROJECTIONS
Type of Structure
Required Yard
Maximum
Projection Into
Required Yard
Minimum Setback from
Lot Line
Any covered or
uncovered Landings or
Steps that are not more
than 1.2 metre above
average finished grade
Front and
Flankage
3 m (9.8 ft)
1.0 m
Side Yard
No Maximum
0.6 m except for
Uncovered Steps or
Landings which can be
0.3 m
Rear Yard
No Maximum
0.6 m
Where steps are required, they shall be placed on either
side of the landing to ensure access to both the front and
rear yards.
Any covered or
uncovered Landings or
Steps that are greater
than 1.2 metres above
average finished grade
or below average
finished grade
Front and
Flankage
No Maximum
3.5 metres, or 2 metres if
Section 7.3 e) applies
Side Yard
No Maximum
Applicable side yard for
the main use in the zone
within which the parcel
lies
Rear Yard
No Maximum
4 metres
Where steps are required, they shall be placed on either
side of the landing to ensure access to both the front and
rear yards.
All covered, or any
uncovered Deck, Porch,
or Terrace
See provision of Decks, Porch, and Terrace in Section 4.16
of this Zoning By-law
Fire Escapes or
Exterior Staircases to a
storey above the
ground floor
Side Yard
1.2 m
0.8 m
Rear Yard
1.5 m
0.8 m
Canopies and Awnings
Above Doors and
Windows
Any Yard
1.8 m
0.5 m
Balconies that are not
connected or above a
covered porch (if
balcony is connected
and above a porch see
Deck, Porch, and
Terrace provision in
Section 4.16)
Any Yard
2.4 m
2 m
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-22
Type of Structure
Required Yard
Maximum
Projection Into
Required Yard
Minimum Setback from
Lot Line
Belt Courses,
Windowsills or Window
Bays, Cornices, Chimney
Breasts, and other
Architectural features
Side Yard
0.3 m
0.1 m
Front and Rear
Yard
0.6 m
0.1 m
Eaves
Any Yard
0.46 m
0.1 m
Barrier Free Access
Ramps
Any Yards
No Maximum
0.3 m
Boundary fences except
within a daylight
triangle see Corner Lot
provision in Section 4.15
Any Yard
No Maximum
No Minimum
Freestanding boundary
and retaining wall
except within a daylight
triangle see Corner Lot
provision in Section 4.15
Front and
Flankage
No Maximum
0.6 m except for
boundary/retaining
walls required as part
of a municipal road or
infrastructure project
or required as part of a
Township approved
grading and drainage
plan of a plan of
subdivision, in which
case the setback can be
less
Side Yard
No Maximum
No Minimum
Rear Yard
No Maximum
0.6 m
Notwithstanding the above, boundary and retaining walls
existing on the date of the passing of this Zoning By-law,
including subsequent minor repairs, shall comply.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-23
Exterior mechanical
units (free standing or
attached) including but
not limited to; Air
Conditioners, Heat
Pumps, Air Exchange
Units, Generators, Pool
Pumps, etc.
Front and
Flankage
No Maximum
3 m., provided it is
screened by either a
solid fence enclosure or
landscaping.
Side or Rear
Yard
No Maximum
0.6 m for any ground-
mounted unit serving a
single detached
dwelling , duplex
dwelling, or dwelling
conversion; however, if
the unit is attached and
elevated a minimum
0.3 m above grade, the
setback may be
reduced to 0 m; and
0.6 m for all other
dwelling types
4.35
Public Use and Public or Private Utilities
Nothing in this By-law prevents the use of any land, building or structure in any Zone as
a public street, public infrastructure, and Public or Private Utilities as defined in Section
3 of this Zoning By-law. In addition, Public Use and Public Building as defined in Section
3 of this Zoning By-law, are permitted in all Zones subject to the following provisions
apply:
a)
Such Public Use must comply with all applicable zone standards, and parking and
loading requirements of the zone in which it is located.
b)
No outdoor storage or outdoor storage use is permitted unless specifically
permitted in the zone in which the public use is located.
c)
Any accessory use to a public use must be clearly incidental and accessory to the
main use.
d)
Any buildings erected or used under the provisions of this sub-section within any
Residential Zone shall be designed and maintained in general harmony with
Residential Buildings of the type permitted in the said zone.
e)
Notwithstanding anything contrary, where the (F), (FF), (FW), (SE) or (RBA) suffix
is applied to a property or portion thereof, any emergency service shall only be
permitted if a permit or written consent is obtained from the GRCA or in
compliance with the corresponding Overlay Zone provisions in Section 15.
4.36
Roof - Green or Green Roof
In any zone that permits a building and/or structure, a Green Roof may be established
on a property as an accessory use for the purpose of harvesting, consuming and/or
selling of fruits, vegetables or other vegetation for non-commercial purposes, subject
to complying to the Building Code. See Section 4.42 related to Urban Agriculture
Provisions.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-24
4.37
Short Term Rentals
In any zone where a short-term rental is permitted, the following provision shall apply:
a)
A short-term rental means all or part of a dwelling unit that is used to provide
sleeping accommodations, which may include the use of the kitchen facilities,
less than 28 consecutive days per rental within the principal residence of the
short-term operator.
b)
That the maximum number of times per year that the short-term operator can
offer all or part of the dwelling unit for a short-term rental is a total of 6 times or
112 days, whichever occurs first.
c)
A short-term rental is permitted within a dwelling unit and a bed-sitting room,
but not an accessory dwelling unit or a vehicle.
d)
For the purpose of this section the following definitions apply:
i)
Dwelling Unit in accordance with Section 3 of this Zoning By-law.
ii)
Bed-Sitting Room means a room used as separate living accommodation
that has a private entrance from a hallway inside a building and may have
sanitary facilities but not food preparation.
iii)
Accessory Dwelling Unit in accordance with Sections 3 and 4.4 of the
Zoning By-law.
iv)
Vehicle means a wheeled or tracked device, either self-proposed or
capable of being pulled by a self-propelled device, for moving persons or
objects, or used for construction or agricultural activities.
e)
No occupation of a short-term rental and/or no establishment of a short-term
rental operation shall be permitted until a Zoning Compliance Certificate has
been issued by the Township and, if required, a building permit in accordance
with Building By-law.
f)
Notwithstanding anything contrary, where the (F), (FF), (FW), (SE) or (RBA) suffix
is applied to a property or portion thereof, the short-term rental use shall only
be permitted if a permit or written consent is obtained from the GRCA or in
compliance with the corresponding Overlay Zone provisions in Section 15.
4.38
Television/Communication Antennae
a)
A television/communication antenna or facility appurtenant thereto, whether
mounted on a structure or on a mobile platform, shall be considered to be a
structure for the purposes of this By-law.
b)
No television/communication antenna or facility appurtenant thereto, whether
mounted on a structure or on a mobile platform, shall be located between the
street line and the front wall of the main building nor within any required side
yard on any lot.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-25
4.39
Temporary Construction Related Uses
Temporary uses are permitted in association with a construction or development
project in accordance with the following:
a)
Temporary Sales/Customer Service Offices
i)
A temporary building or trailer for conducting sales of new dwelling units is
permitted in any Zone provided the sales building or trailer is located
within a development site and the development has site plan,
condominium, or draft approval with appropriate conditions in accordance
with the Planning Act. The sales building or trailer shall be setback 30
metres from the lot line of any existing residential use external to the
development site, and parking areas associated with the sales building or
trailer shall be setback 6 metres from any existing residential use external
to the development site.
ii)
Notwithstanding anything else in this Zoning By-law to the contrary,
parking areas for temporary sales and customer service offices may have a
granular surface.
iii)
All other matter related the temporary sales/customer service offices such
as servicing, parking, landscaping, location, duration, etc. will be addressed
as part of their site plan, condominium, or draft approval.
b)
Temporary Construction Office
i)
A temporary construction office, tool shed, scaffold or other such building
or such temporary facility which is incidental to construction and provided
it is located on the site where such work is underway, the development has
site plan, condominium, or draft approval with appropriate conditions in
accordance with the Planning Act, shall comply to the applicable setbacks
in the zone that the parcel lies and provided that it shall be removed from
the site within 60 days of completing or terminating the work.
ii) Notwithstanding anything else in this Zoning By-law to the contrary, parking
areas for temporary construction offices may have a granular surface.
c)
Temporary Residence During Construction
i)
A mobile home may be located and used as a temporary residence in an
Agricultural (A) Zone for a period not to exceed 12 months during the
construction of a new single detached dwelling on the same lot, provided
all requirements of the Chief Building Official are satisfied, including the
provision of adequate sewage disposal and water supply, entering into an
agreement at the discretion of the Township and the posting of sufficient
securities to ensure the removal of the temporary dwelling following the
completion of the new single detached dwelling unit.
ii) Where a new single detached dwelling is being constructed to replace an
existing single detached dwelling on the same lot in an Agricultural (A) Zone,
the existing dwelling may continue to be used during the construction of the
new residence for a period not to exceed 60 days after the new dwelling is
occupied, provided all requirements of the Chief Building Official are
satisfied, including the provision of adequate sewage disposal and water
supply, entering into an agreement at the discretion of the Township and
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-26
the posting of sufficient securities to ensure the removal of the temporary
dwelling following the completion of the new single detached dwelling unit.
d)
Temporary Shipping Containers
Notwithstanding any other provision in this Zoning By-law, the temporary
placement of one shipping container used for temporary storage or for the
storage of refuse directly related to any building construction or renovation
occurring on the lot is permitted per lot in a Residential Zone provided the
shipping container:
i)
Is located on the driveway,
ii)
Is set back a minimum of 1.0 metre from any lot line,
iii)
Has a maximum height of 2.5 metres, a maximum width of 2.5 metres and
a maximum length of 6.0 metres and,
iv)
Is not located on the lot for more than 30 days total in a calendar year.
4.40
Trailer as a Second Dwelling Unit on a Lot
In any zone where a mobile home is permitted on a lot, such mobile home shall only be
located pursuant to the provisions of this Zoning By-law, the Township Building By-law,
and the Ontario Building Code.
4.41
Title Separation of Attached Dwellings
Nothing in this By-law shall be deemed to prevent the separate and distinct ownership
of the individual dwelling units in Residential Buildings so long as all regulations are
adhered to.
4.42
Urban Agriculture (i.e., Community Garden) Provisions
The following provision are non-commercial gardens within Urban Areas, referred to in
this section as Urban Agriculture or Community Gardens:
a)
Urban Agriculture or Community Garden means a parcel of land cultivated
(tilled) and gardened by members of the community for non- commercial
purposes. For the purposes of this definition, "gardened" means to grow and
care for plants and crops and may include accessory buildings such as a tool
shed, and non-commercial activities related to the Urban Agricultural or
Community Garden such as teaching but excludes a greenhouse.
b)
Urban Agriculture or Community Garden shall be permitted in all zones except
for the O-2 Zone or E Zone, or the Hazard Lands Overlay Zones and the
Environmental Features (EF) Overlay Zone in Section 15 unless permitted by the
applicable approval authority being the GRCA and/or Region.
c)
For the purposes of this Zoning By-law, Urban Agriculture or Community Garden
shall be deemed landscaped open space, excluding accessory buildings and
accessory structures thereto.
d)
Urban Agriculture or Community Garden shall be setback a minimum of 0.6
metres from a lot line.
e)
A detached accessory building to store garden equipment associated with the
Urban Agriculture or Community Garden is subject to the applicable regulations
in the zone within which the parcel lies.
Township of Woolwich Zoning By-law
Part 4 - General Regulations
4-27
f)
Notwithstanding anything to the contrary, Urban Agriculture or Community
Garden is prohibited within a daylight or sight triangle.
g)
Urban Agriculture or Community Garden shall not be permitted on Township
lands without written permission from the Township.
h)
Urban Agriculture or Community Garden shall not be permitted on Regional
lands without written permission from the Region.
4.43
Well (Private) Prohibition
Lands within the settlement boundary of Breslau, Elmira, and St. Jacobs, as delineated in
the respective sections of Chapter 7 of the Township Official Plan, are subject to the
following provision related to the Well (Private) Prohibition:
a)
Within Breslau and St. Jacobs, a well for private use, which includes a vertical open
loop geothermal energy system as defined in Section 3, shall not be installed, or
established unless permitted through a site-specific policy in the Township's Official
Plan.
b)
Within Elmira, a well for private use, which includes a vertical open loop or closed
loop geothermal energy system as defined in Section 3, shall not be installed, or
established unless permitted through a site-specific policy in the Township's Official
Plan.
c)
Notwithstanding Sub-section a) above, the following wells or exceptions are
permitted.
i) Wells which legally existed prior to the date of the passing of this Zoning By-law;
ii) Wells which are established for the purposes of environmental site
remediation, water monitoring or site dewatering; and
iii) Vertical open loop or closed loop geothermal energy system legally existed prior
to the date of the passing of this Zoning By-law.
d)
Any well that is not being used shall be decommissioned in accordance with
Regulation 903 of the Ontario Water Resources Act R.S.O. 1990 c.O.40, and any
future amendments or succeeding legislation thereto.
e)
If the Well (Private) Prohibition conflicts with the provisions of the underlying zone,
the more restrictive provisions shall apply.