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SECTION 5.0
GENERAL PROVISIONS
Page 5-1
Township of Zorra Zoning By-Law Number 35-99
contents of this Section are:
SUBSECTION
PAGE
5.1
ACCESSORY USES
5-2
5.2
CONSTRUCTION USES PERMITTED
5-4
5.3
CONTROL OF ANIMALS AND BIRDS
5-4
5.4
CONVERTED DWELLINGS
5-4
5.5
DWELLING UNITS BELOW GRADE
5-6
5.6
ESTABLISHED BUILDING LINE
5-6
5.7
EXISTING LOTS HAVING LESS AREA, LOT DEPTH,
5-7
AND/OR FRONTAGE
5.8
FACILITIES FOR SOLID OR LIQUID WASTE
5-7
5.9
FLOOD PLAIN AND FILL REGULATED AREA
5-9
5.10
GARDEN SUITES
5-11
5.11
GREATER RESTRICTIONS
5-12
5.12
GROUNDWATER RECHARGE AREAS
5-12
5.13
GROUP HOMES
5-13
5.14
HOME OCCUPATION
5-14
5.15
LOADING PROVISIONS
5-15
5.16
MUNICIPAL DRAINS
5-17
5.17
NON-CONFORMING AND/OR NON-COMPLYING
USES, SITES AND BUILDINGS
5-17
5.18
ON-FARM DIVERSIFIED USES
5-22
5.19
PARKING PROVISIONS
5-23
5.20
PLANTING STRIPS
5-32
5.21
PUBLIC USES
5-33
5.22
SIGHT TRIANGLES
5-35
5.23
SIGNIFICANT ENVIRONMENTAL FEATURES
5-35
5.24
SITE PLAN CONTROL
5-40
5.25
SITES OF POTENTIAL ENVIRONMENTAL CONTAMINATION
5-41
5.26
SLOPE AND EROSION HAZARD AREAS RESTRICTIONS
5-41
5.27
STREET FRONTAGE REQUIRED
5-41
5.28
STORAGE OR PARKING OF RECREATIONAL
VEHICLES IN RESIDENTIAL ZONES
5-41
5.29
THROUGH LOTS
5-42
5.30
TOPSOIL OR PEAT EXTRACTION
5-42
5.31
YARD, SETBACK AND HEIGHT - PERMITTED ENCROACHMENTS
5-43
5.31
WAYSIDE SAND OR GRAVEL PITS AND STONE QUARRIES
5-45
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-2
Township of Zorra Zoning By-Law Number 35-99
5.1
ACCESSORY USES
5.1.1
ACCESSORY USES, BUILDINGS AND STRUCTURES
Where this Zoning By-Law provides that a lot may be used or a building or structure
may be erected or used for a particular purpose, that purpose shall include any
accessory building or structure or accessory use provided that:
(Amended by By-Law 31-09)
5.1.1.1
it is not to be used for any occupation for gain or profit, except as permitted in this
Zoning By-Law.
5.1.1.2
it is not to be used for human habitation except as permitted in this Zoning By-Law;
and
5.1.1.3
it complies with the provisions set out in Table 5.1.1.3 below, except where it is
specifically regulated in the by-law:
TABLE 5.1.1.3 - REGULATIONS FOR ACCESSORY USES
Provision
RE, RR Zones
R1, R2, R3 Zones
All Other Zones
Permitted
Location
Any yard other than a
required front yard and
an exterior side yard
Any yard other than a
required front yard
and an exterior side
yard
In accordance with the
yard and setback
provisions of the zone
in which such
building or structure
is located.
Minimum
Distance from
Main Buildings
1.0 m (3.3 ft)
1.0 m (3.3 ft)
3.0 m (9.84 ft)
Maximum Height
5.0 m (16.4 ft)
4.0 m (13.2 ft)
In accordance with the
applicable zone
provisions, with the
exception of the
Village Zone (V), in
which case the height
shall be 4.0 m
(13.2 ft)
Side Yard
Setback
1.2 m (3.9 ft)
1.2 m (3.9 ft)
in accordance with the
applicable zone
provisions
SECTION 5.0
GENERAL PROVISIONS
Page 5-3
Township of Zorra Zoning By-Law Number 35-99
Rear Yard
Setback
1.2 m (3.9 ft)
1.2 m (3.9 ft)
In accordance with the
applicable zone
provisions
Lot Coverage
10% of lot area, or
170 m2 (1830 ft2) of
gross floor area,
whichever is the lesser
10% of lot area, or
100 m2 (1076.4 ft2)
of gross floor area,
whichever is the
lesser
In accordance with the
applicable zone
provisions.
(Amended by By-Law 31-09)
(Amended by By-Law 67-15)
5.1.1.3.1
Notwithstanding any provision of Table 5.1.1.3 to the contrary, the following
provisions shall also apply:
i)
on a residentially zoned lot, one accessory building, not exceeding 10.0 m2
(107.6 ft2) in gross floor area may be excluded from the calculation of total
lot coverage;
(Added by By-Law 31-09)
5.1.2
EXCEPTIONS
The following accessory uses are not subject to the provisions of Table 5.1.1.3:
awnings, clothes poles, flag poles, garden trellises, fences, retaining walls, central air
conditioning units, heat pumps, air exchangers, or similar accessory uses;
5.1.3
SWIMMING POOLS
The area of an unenclosed swimming pool shall not be calculated in determining total
lot coverage.
(Amended by By-Law 31-09)
December/15
SECTION 5.0
GENERAL PROVISIONS
Page 5-4
Township of Zorra Zoning By-Law Number 35-99
5.2
CONSTRUCTION USES PERMITTED
5.2.1
Any part of a lot may be used for temporary buildings or structures such as, a tool
shed, construction trailer, development sales office, scaffold, or sign (but not a
development marketing sales sign, unless otherwise permitted by a Sign Control By-
Law)associated with construction work occurring on such lot provided that:
(Amended by By-Law 31-09)
5.2.1.1
the building or structure is only located on the lot for the duration of the construction
work or as long as a valid building permit for such construction is in effect or for a
period of (1) year whichever is the lesser;
5.2.1.2
the building or structure is located outside of any sight triangle; and
5.2.1.3
the building or structure is not used for human habitation.
5.3
CONTROL OF ANIMALS AND BIRDS
Where an Animal Control By-Law has been passed by the Corporation, the prohibition or
regulation of the keeping of animals, birds or reptiles shall be controlled by such By-Law
with the exception of any Agricultural Zone defined in this Zoning By-Law.
(Amended by By-Law 31-09
5.4
CONVERTED DWELLINGS
5.4.1
IDENTIFICATION OF THE ZONE
A converted dwelling is permitted subject to a zoning by-law amendment and will be
identified by adding the -C suffix to the parent Zone.
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-5
Township of Zorra Zoning By-Law Number 35-99
5.4.2
MINIMUM LOT AREA
Where sanitary sewers are not available
0.4 ha (1 ac)
Where served by both sanitary sewers
And public water supply
600 m2 (6,458.5 ft2)
5.4.3
MINIMUM DWELLING SIZE
Conversion of an existing single detached dwelling to two dwelling units will only be
permitted provided that the existing dwellling has a minimum gross floor area of
140 m2.(1508 ft2).
5.4.4
ZONE REQUIREMENTS
The converted dwelling shall comply with all other residential use zone provisions of
the zone in which such converted dwelling is located.
(Amended by By-Law 31-09)
5.4.5
LOCATION
Converted dwellings located outside of a designated settlement, as listed in Section
2.7.2.1, the dwelling shall be required to satisfy the minimum distance separation
requirements, as determined through the application of the Minimum Distance
Separation Formula I (MDS I), in accordance with Section 2.7, prior to permitting
the conversion to two dwelling units.
(Amended by By-Law 31-09)
Converted dwellings located within a Rural Cluster listed in Section 2.7.2.1. shall be
required to satisfy MDS I, or not further reduce an existing insufficient MDS I
setback, whichever is the lesser.
(Amended by By-Law 85-07)
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-6
Township of Zorra Zoning By-Law Number 35-99
5.4.6
ALTERATIONS TO DWELLING
Alterations to an existing single detached dwelling shall not have the effect of
increasing the gross floor area of the dwelling more than 1.25 times the size of the
existing dwelling in order to allow the conversion to two dwelling units.
(Amended by By-Law 31-09)
5.4.7
EXTERIOR STAIRWAYS
There shall be no exterior stairways except one open fire escape which shall be
located only in the rear yard or interior side yard.
5.5
DWELLING UNITS BELOW GRADE
No dwelling unit shall in its entirety, be located in a cellar. If any portion of a dwelling unit is
located in a cellar, such portion of the dwelling unit shall be used for no other purpose than a
furnace room, laundry room, storage room, recreation room or for a similar use and shall not
be used for sleeping accommodation.
However, a dwelling unit, in its entirety, may be located in a basement provided the finished
floor level of such basement is not below the level of any sanitary or storm sewer serving the
building or structure in which such basement is located and provided further, that the floor
level of such basement is not more than 1 m (3.3 ft) below the adjacent finished grade.
5.6
ESTABLISHED BUILDING LINE
Notwithstanding any provisions of this Zoning By-Law to the contrary, where a single
detached, semi-detached or duplex dwelling or an accessory use thereto is to be erected in a
built up area and there is an established building line, such dwelling or accessory use may be
erected closer to the street line or the centre line of the street, as the case may be, than
required by this Zoning By-Law, provided such dwelling or accessory use is not erected
closer to the street line or to the centre line of the street, as the case may be, than the
established building line on the date of passing of this Zoning By-Law. In no case shall a
building or structure be erected closer than 3 m (9.8 ft) to the front lot line.
(Added by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-7
Township of Zorra Zoning By-Law Number 35-99
5.7
EXISTING LOTS HAVING LESS AREA, LOT DEPTH, AND/OR FRONTAGE
Where a lot having a lot area, lot depth, and/or lot frontage of not more than 20% less than
that required in this by-law is held under distinct and separate ownership from abutting lots
as shown by a registered conveyance in the records of the Registry or Land Titles Office at
the date of the passing of this Zoning By-Law, or where such a lot is created as a result of an
expropriation, such smaller lot may be used and a building or structure may be erected,
altered or used on such smaller lot, provided that all other requirements of this Zoning By-
Law are complied with.
5.7.1
EXISTING LOTS IN AN A2 OR D ZONE
Notwithstanding any other provisions of this Zoning By-Law to the contrary, in an
A2 or D Zone, where a lot having a lot area of at least 16 ha (39.5 ac) is held under
distinct and separate ownership from abutting lots as shown by a registered
conveyance in the records of the Registry Office on the 19th day of June 2007, or such
lot is created through the consent process, such smaller lot may be used and a
building or structure may be erected, altered or used on such smaller lot, provided
that all other requirements of this Zoning By-Law are complied with.
(Added by By-Law 46-07)
(Amended by By-Law 31-09)
5.8
FACILITIES FOR SOLID OR LIQUID WASTES
5.8.1
WHERE PERMITTED
Facilities for solid or liquid wastes shall be permitted only on lands where industrial
uses are permitted by the County of Oxford Official Plan.
5.8.2
ZONING AMENDMENT REQUIRED
Prior to establishing any facility for solid or liquid wastes, an amendment to this
Zoning By-Law will be required.
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-8
Township of Zorra Zoning By-Law Number 35-99
5.8.3
PROVINCIAL REQUIREMENTS
Prior to the approval of a zoning by-law amendment to establish any facility for solid
or liquid wastes, the Corporation will require proof of all required Provincial
government approvals for the operation of the facility, including certification under
Provincial legislation, where necessary.
5.8.4
FACILITIES TREATING OR STORING HAZARDOUS WASTES
Prior to the approval of a zoning by-law amendment to establish any facility for solid
or liquid wastes which are considered by the Corporation to be hazardous wastes, a
plan of operations and an emergency response plan for the facility shall be prepared
by the proponent to the satisfaction of the County and the Corporation.
5.8.5
ZONE REQUIREMENTS
Notwithstanding the requirements of this Section of the By-Law, any facility for solid
or liquid wastes shall comply with the zone provisions of the Disposal Industrial
(MD) Zone.
5.8.6
SITE PLAN CONTROL
Prior to the issuance of a building permit for any facility for solid or liquid wastes,
the Council for the Township of Zorra shall pass a Site Plan control By-Law applying
to the site and require the proponent to enter into a Site Plan Control Agreement.
July 24/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-9
Township of Zorra Zoning By-Law Number 35-99
5.9
FLOOD PLAIN AND FILL REGULATED AREA
5.9.1
EXTENT OF THE FLOOD PLAIN AND FILL REGULATED AREA
The Flood Plain and Fill Regulated Area applies to lands within the Regulatory Flood
Plain and Fill Regulated Area established by the Conservation Authorities with
jurisdiction in Zorra Township. Where flood lines have not been established by a
Conservation Authority, proponents may be required to complete such mapping to
the satisfaction of the Conservation Authority, prior to development. The Chief
Building Official shall notify the Conservation Authority of development plans
within the Regulated Area in order to determine whether such flood plain mapping is
required or to obtain written confirmation from the Conservation Authority that the
proposed development complies with all applicable regulations.
In accordance with the County of Oxford Official Plan, until the Significant
Valleylands have been defined through study, they will be defined as the lands
associated with the Regulatory Flood Plain or Erosion Hazard Lands established by a
Conservation Authority with jurisdiction.
5.9.2
IDENTIFICATION OF THE FLOOD PLAIN AND FILL REGULATED AREA
The Regulatory Flood Line is shown by a dotted line indicating the area subject to
flood regulations on Schedule "A" of this Zoning By-Law. A dashed line on
Schedule "A" of this Zoning By-Law shows the limits of the Fill Regulated Area.
5.9.3
PERMITTED USES WITHIN FLOOD PLAIN AND FILL REGULATED AREAS AND
SIGNIFICANT VALLEYLANDS
5.9.3.1
FLOOD PLAIN
Only the following uses are permitted within the area of the Regulatory Flood Line,
provided that they are also permitted in the underlying zone:
flood control works;
a park;
a public use in accordance with the provisions of Section 5.21 of this Zoning By-
Law;
a farm;
a gravel pit;
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-10
Township of Zorra Zoning By-Law Number 35-99
a stone quarry;
topsoil or peat extraction, in accordance with Section 5.29 of this Zoning By-Law;
a conservation project;
except that no buildings or structures shall be permitted unless accessory to a flood
control works or a conservation project. All other uses not explicitly listed above,
shall be prohibited within the Regulatory Flood Line.
5.9.3.2
FILL REGULATED AREA
All uses of the underlying zone are permitted within the Fill Regulated Area, except
that no buildings, structures or site alterations are permitted without a permit from
the Conservation Authority with jurisdiction.
5.9.3.3
SIGNIFICANT VALLEYLANDS
All uses of the underlying zone are permitted within and adjacent to Significant
Valleylands subject to the provisions of an Environmental Impact Study required by
the Environmental Impact Study policies of the County of Oxford Official Plan.
Notwithstanding this provision, an Environmental Impact Study will not be required
if an exemption is granted under the Environmental Impact Study policies of the
County of Oxford Official Plan.
5.9.4
ZONE REQUIREMENTS
All other zone provisions of the underlying zone shall continue to apply within the
Flood Plain and Fill Regulated Area, unless new provisions are recommended by an
Environmental Impact Study. Where new provisions are recommended by an
Environmental Impact Study, a zoning by-law amendment shall be required to
incorporate such provisions into this Zoning By-Law.
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-11
Township of Zorra Zoning By-Law Number 35-99
5.10
GARDEN SUITES
5.10.1
ZONING AMENDMENT REQUIRED
Prior to placing a garden suite on a lot, an amendment to this Zoning By-Law under
Section 39 of the Planning Act, as amended, will be required. The by-law will
prescribe the period of time, up to ten years, authorizing the temporary use of the
garden suite.
5.10.2
GARDEN SUITE OCCUPANCY
The garden suite shall be occupied by:
the retired parents or grandparents of a lot owner or the lot owner's spouse, or
the retiring lot owner provided that the main dwelling is occupied by the son,
daughter or grandchild of the retiring lot owner.
5.10.3
LOCATION OF GARDEN SUITE
A garden suite located on lots outside of a designated settlement as listed in Section
2.7.2.1 of this Zoning By-Law, shall be required to satisfy the minimum distance
separation requirements as determined through the application of the Minimum
Distance Separation Formula I (MDS I) in accordance with Section 2.7 of this
Zoning By-Law.
(Amended by By-Law 85-07)
(Amended by BY-Law 31-09)
A garden suite located within a Rural Cluster designation as listed in Section 2.7.2.1
of this Zoning By-Law, shall be required to satisfy the MDS I or not further reduce
an existing insufficient setback relative to the MDS I, whichever is the lesser.
(Amended by By-Law 31-09)
5.10.4
ZONE REQUIREMENTS
The garden suite shall be placed to the rear or side of the main dwelling on the lot
and shall comply with the zone requirements of the zone in which such garden suite
is located.
July 24/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-12
Township of Zorra Zoning By-Law Number 35-99
5.10.5
HEIGHT AND GROUND FLOOR AREA REQUIREMENTS
Notwithstanding the requirements of Section 5.10.4, the garden suite shall not
exceed one storey in height and shall have a minimum gross floor area of 50 m2
(538.2 ft2) and a maximum gross floor area of 70 m2 (753.5 ft2).
5.11
GREATER RESTRICTIONS
This By-Law shall not be effective to reduce or mitigate any restrictions lawfully
imposed by a governmental authority having jurisdiction to make such restrictions.
5.12
GROUNDWATER RECHARGE AREAS
5.12.1
DELINEATION OF THE GROUNDWATER RECHARGE AREA
The Groundwater Recharge Area is identified in the County of Oxford Official Plan
and shown on Schedule "D" of this Zoning By-Law.
5.12.2
PERMITTED USES
All uses existing at the date of passing of this Zoning By-Law shall be permitted uses
within the Groundwater Recharge Area. All uses permitted within the underlying
zone shall be permitted within the Groundwater Recharge Area, with the exception of
those listed in Section 5.12.3 of this Zoning By-Law.
5.12.3
RESTRICTED USES
Where the following uses are permitted in an underlying zone, a Disclosure Report
and/or a Contingency Plan must be prepared in accordance with the Water Quality
and Quantity policies of the County of Oxford Official Plan, as amended, prior to the
issuance of a building permit:
(Amended by By-Law 31-09)
a landfill site;
a lagoon or other putrescible waste disposal facility;
an asphalt or concrete batching plant;
an industrial or commercial use involving the storage or processing of
chemical and/or petroleum products, except a farm;
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-13
Township of Zorra Zoning By-Law Number 35-99
a public garage;
an automobile service station;
a vehicle maintenance or service yard;
a fuel storage tank or supply yard;
a salvage yard.
5.12.4
SITE PLAN CONTROL
Prior to the issuance of a building permit for any of the uses listed in Section 5.12.3
of this Zoning By-Law, the Council for the Township of Zorra shall require the
proponent to enter into a Site Plan Control Agreement, pursuant to Township's Site
Plan Control By-Law.
(Amended by By-Law 31-09)
5.12.5
ZONE REQUIREMENTS
All other zone provisions of the underlying zone shall continue to apply within the
Groundwater Recharge Area.
5.13
GROUP HOMES
5.13.1
WHERE PERMITTED
Group homes are a permitted use in the Limited Agricultural Zone (A1) and the
General Agricultural Zone (A2) subject to a zoning by-law amendment.
5.13.2
Group homes are also a permitted use in the Central Commercial (CC), Residential
Type 1 (R1) and Institutional (I) zones, where the lot is served by sanitary sewers and
public water supply, subject to a zoning by-law amendment.
5.13.3
LOCATION OF GROUP HOME
Group homes hereafter erected outside of a designated settlement, as defined in the
Oxford County Official Plan, shall meet the minimum distance separation
requirements as determined through the application of the Minimum Distance
Separation Formula I (MDS I) in accordance with Section 2.7 of this Zoning By-
Law.
(Amended by By-Law 85-07)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-14
Township of Zorra Zoning By-Law Number 35-99
5.13.4
ZONE REQUIREMENTS
A group home shall comply with the zone provisions for dwellings permitted in the
zone in which such use is located.
5.14
HOME OCCUPATION
5.14.1
WHERE PERMITTED
A home occupation is permitted subject to complying with all appropriate zoning
provisions in all zones permitting a residential dwelling unit and shall be permitted
within the residential dwelling unit and/or an accessory building.
5.14.2
FLOOR AREA LIMIT
Not more than the cumulative total of 25 m2 (269.1 ft 2) of gross floor area of the
residential dwelling unit and/or accessory building shall be used for the purposes of
the home occupation use.
5.14.3
STORAGE, DISPLAY AND SIGNAGE
There shall be no external storage of goods or materials and no external display or
advertising other than one sign with an area of 1 m2 (10.8 ft2).
5.14.4
EMPLOYEES
A maximum of one person, other than person residing in the dwelling containing the
home occupation, may be employed by the home occupation.
(Amended by By-Law 31-09
5.14.5
RETAIL SALES
Retail sale of items shall be prohibited, except for items made in the home
occupation or items which are accessory and pertain directly to the home occupation.
The home occupation shall not include the shipping or receiving of goods or material
by commercial motor vehicles greater than 4,000 kg (8,818.3 lbs) gross vehicle
weight.
May/09
(Amended by By-Law 31-09)
SECTION 5.0
GENERAL PROVISIONS
Page 5-15
Township of Zorra Zoning By-Law Number 35-99
5.14.6
REPAIR USES
Repair of goods shall be prohibited, except for repair of household appliances and
electronic equipment.
(Amended by By-Law 31-09)
5.14.7
BED AND BREAKFAST ESTABLISHMENT
A bed and breakfast establishment shall be considered a home occupation located in
a single detached dwelling. Notwithstanding the gross floor area limit for a home
occupation in subsection 5.14.2, a bed and breakfast establishment shall be limited to
three guest rooms.
5.14.8
HOME DAYCARE
A home daycare, located in a single detached dwelling, a semi-detached dwelling, a
duplex dwelling or a converted dwelling with accommodation for up to and including
6 children, shall be considered a home occupation. The gross floor area limit for a
home occupation in subsection 5.14.2, shall not apply to a home daycare.
(Amended by By-Law 31-09)
(Deleted and Replaced by By-Law 20-22)
5.14.9
ZONE REQUIREMENTS
The home occupation shall comply with all other zone requirements of the zone in
which such home occupation is located.
5.15
LOADING PROVISIONS
5.15.1
LOADING SPACES REQUIRED
THe owner or occupant of any lot, building or structure in a Commercial,
Institutional, Industrial, Mixed Use or Open Space Zone, erected or used for any
purpose involving the receiving, shipping, loading or unloading of persons, animals
goods, wares and merchandise and raw materials shall provide and maintain at the
premises, on the lot occupied by the building or structure and not forming part of a
street or lane, within the zone in which such use is located, loading or unloading
facilities in accordance with the rates set out in Table 5.15.1.
March/22
SECTION 5.0
GENERAL PROVISIONS
Page 5-16
Township of Zorra Zoning By-Law Number 35-99
TABLE 5.15.1 - LOADING SPACE REQUIREMENTS
Zone
Gross Floor Area m2 (ft 2)
Number of Loading
Spaces Required
Commercial,
Institutional, Industrial,
Mixed Use or Open
Space
350-2,000 m2 (3,767.5-21,528.5 ft2)
2,001-6,500 m2 (21,539.3-69,967.7 ft2)
6,501-12,000 m2 (69,978.5-129,171.2 ft2)
greater than 12,000 m2 (129,171.2 ft2)
1
2
3
4
5.15.2
STANDARDS FOR LOADING SPACES
All loading spaces must be rectangular and comply with the provisions of Table
5.15.2 below:
TABLE 5.15.2 - LOADING SPACE STANDARDS
Design Provision
Minimum Standard
Length
9.0 m (29.5 ft)
Width
3.5 m (11.5 ft)
Vertical Clearance
4.0 m (13.1 ft)
Location
1.5 m (4.9 ft) from interior side lot and rear lot lines and a
minimum distance of 20 m (65.6 ft) from the street line
Access Driveway Width
6.0 m (19.7 ft)
5.15.3
LOADING SPACE CALCULATION
The gross floor area shall be used for the purposes of calculating the requirement to
provide loading spaces.
5.15.4
LOADING SPACE SURFACE
The driveways, and loading spaces shall be constructed of asphalt, concrete, portland
cement binder, recycled asphalt, or a stable surface of material, such as crushed stone
or gravel which is maintained or treated so as to prevent the raising of dust or loose
particles.
May/09
(Amended by By-Law 31-09)
SECTION 5.0
GENERAL PROVISIONS
Page 5-17
Township of Zorra Zoning By-Law Number 35-99
5.15.5
ADDITIONS TO BUILDING
The loading space requirements referred to herein shall not apply to any building in
existence at the date of passing of this Zoning By-Law so long as the gross floor area
as it existed at such date is not increased. If an addition is made to the building or
structure which increases the gross floor area, then additional loading spaces shall be
provided as required by subsection 5.15.1 of the By-law for such addition.
5.16
MUNICIPAL DRAINS
No person shall erect, alter or use any building or structures within:
i)
20 m (65.6 ft) from the top-of-bank of any open municipal drain; or
ii)
5 m (16.4 ft) of an enclosed municipal drain within a designated settlement area; or
iii)
15 m (49.2 ft) of an enclosed municipal drain outside of a designated settlement area.
(Amended by By-Law 31-09)
5.17 NON-CONFORMING AND/OR NON-COMPLYING USES, SITES AND BUILDINGS
5.17.1
CONTINUATION OF EXISTING USES
The provisions of this by-law shall not prevent the use of any lot, building or
structure for any purpose prohibited by this Zoning By-Law if such lot, building or
structure was lawfully used for such purpose on the date of passing of this Zoning
By-Law, and provided that it continues to be used for that purpose.
A barn used for housing livestock shall be deemed to comply with this provision,
provided that it continues to be used to house the same type of livestock as it did on
the date of passing of the By-Law.
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-18
Township of Zorra Zoning By-Law Number 35-99
5.17.2
NON COMPLYING BUILDING LOCATION
Notwithstanding any provisions of this Zoning By-Law to the contrary, any building
or structure, which lawfully existed at the date of passing of this Zoning By-Law,
shall be deemed to comply with the relevant provisions of this Zoning By-Law
pertaining to setbacks from a street line, yards and lot coverage, provided that no
portion of any such building or structure encroaches on any abutting street allowance
or lot. Extensions or additions to any such building or structure shall be subject to
the provisions of Section 5.17.6.
(Added by By-Law 31-09)
5.17.3
BUILDING PERMIT ISSUED
The provisions of this by-law shall not apply to prevent the erection or use for a
purpose prohibited by this Zoning By-Law of any building or structure, the plans for
which have been approved, prior to the date of passing of this Zoning By-Law by the
Chief Building Official, so long as the building or structure when erected is used and
continues to be used for the purpose for which it was erected and provided the
erection of such building or structure is commenced within 6 months after the date of
passing of this Zoning By-Law and such building or structure is completed within a
reasonable time after the erection thereof is commenced.
5.17.4
STRENGTHENING OF NON-CONFORMING AND/OR NON-COMPLYING BUILDINGS
Nothing in this by-law shall prevent the strengthening to a safe condition any
building or structure or part of any non-conforming and/or non-complying building
or structure provided that the alteration or repair does not increase the height, size or
volume of the building or structure or change the use of the building or structure.
(Amended by By-Law 31-09)
For the purposes of this Zoning By-Law, a barn used for housing livestock shall be
deemed to comply with this provision, provided that, it continues to be used to house
the same type of livestock as it did on the date of passing of this Zoning By-Law.
(Added by By-Law 85-07)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-19
Township of Zorra Zoning By-Law Number 35-99
5.17.5
REPLACEMENT OF NON-CONFORMING AND/OR NON-COMPLYING BUILDINGS
Where a non-conforming and/or non-complying building or structure is damaged or
demolished due to an accidental cause or is in a poor state of repair, as determined by
a qualified professional, nothing in this by-law shall prevent the replacement of the
non-conforming or non-complying building or structure provided that:
(Amended by By-Law 85-07)
(Amended by By-Law 31-09)
5.17.5.1
the building or structure is occupied by the same use or by a permitted use;
(Amended by By-Law 85-07)
5.17.5.2
the building or structure is located on or within the limits of the foundation walls of
the building or structure as they existed prior to such destruction;
(Amended by By-Law 85-07)
5.17.5.3
the height and floor area of such replacement does not exceed the height and floor
area of the building as it existed prior to such destruction;
5.17.5.4
the building or structure does not encroach on a municipal road allowance;
(Amended by By-Law 85-07)
5.17.5.5
the building or structure is replaced and reoccupied within one year of such
destruction; and
(Amended by By-Law 85-07)
5.17.5.6
the building or structure does not further reduce an existing deficient MDS II setback.
(Added by By-Law 85-07)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-20
Township of Zorra Zoning By-Law Number 35-99
5.17.6
EXTENSIONS OR MODIFICATIONS TO NON-CONFORMING AND/OR NON-COMPLYING
BUILDINGS
Nothing in this by-law shall prevent an extension or an addition being made to a non-
conforming and/or non-complying use, building or structure or a modification,
extension or addition being made to a non-conforming and/or non-complying
building used for the housing of livestock:
(Amended by By-Law 85-07)
(Amended by By-Law 31-09)
5.17.6.1
Notwithstanding 5.17.6.1, where an existing barn used for the housing of livestock
does not comply with the required MDS II setbacks, calculated in accordance with
Section 2.7, any modification, extension or addition resulting in a change of use may
be permitted provided that:
(a)
the proposed modification, extension or addition results in a decrease of the
existing livestock type or change in livestock type that decreases the number
of nutrient units;
(b)
the MDS II setbacks required for the modified or enlarged building are less
than, or equal to, the MDS II setbacks required for the existing livestock
facility; and
(c)
the existing insufficient MDS II setbacks for the existing livestock building
from neighbouring uses and lot lines are not being further reduced.
(Added by By-Law 85-07)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-21
Township of Zorra Zoning By-Law Number 35-99
5.17.7
NON-COMPLIANCE DUE TO PUBLIC ACQUISITION
Where the area of a lot is reduced as a result of the public acquisition of a part of a lot
and where this acquisition causes any building or structure existing on the lot to
become non-complying relative to the zone provisions, then nothing in this by-law
shall prevent the continued use of the building or structure provided that no
subsequent change is made to the lot which would increase the extent of the non-
compliance.
Where a vacant lot is reduced as a result of the public acquisition of part of the lot
such that the zone provisions relating to lot frontage, lot depth, and/or lot area
become non-compliant, then nothing in this by-law shall prevent the erection of a
building provided that all other zone provisions are complied with.
(Amended by By-Law 31-09)
5.17.8
EXISTING AGRICULTURAL USES
Notwithstanding any other provisions of this Zoning By-Law to the contrary, where
an existing lot in an A2 Zone is developed for a farm, but not a regulated farm and
contains existing farm buildings and structures, additional farm buildings and
structures, with the exception of a dwelling, may be erected or existing farm
buildings and structures may be altered in accordance with the following minimum
requirements and all other provisions of the A1 or A2 zone.
(Amended by By-Law 85-07)
5.17.8.1
LOT AREA
Minimum
4 ha (9.9 ac)
5.17.8.2
LOT FRONTAGE
Minimum
60 m (196.9 ft)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-22
Township of Zorra Zoning By-Law Number 35-99
5.18 ON-FARM DIVERSIFIED USES
5.18.1
ZONING AMENDMENT REQUIRED
Prior to establishing an on-farm diversified use on a lot, an amendment to this Zoning
By-Law will be required. The amendment will restrict the number of permanent on-
farm diversified uses to one per farm lot.
5.18.2
ZONE REQUIREMENTS
The on-farm diversified use shall comply with the zone requirements of the zone in
which such use is located.
5.18.3
OPEN STORAGE
No open storage of goods or materials shall be permitted.
5.18.4
GROSS FLOOR AREA REQUIREMENTS
The maximum gross floor area for an on-farm diversified use in a new building or
structure shall be 225 m2 (2,422 ft2). An on-farm diversified use may also be located
in existing buildings or structures.
5.18.5
EMPLOYEES
The on-farm diversified use shall only be carried out by the farm operator and family
members residing on the farm and up to one additional full-time employee.
Additional seasonal employees may be permitted.
5.18.6
RETAILING AND WHOLESALING RESTRICTION
The general wholesaling or retailing of goods, wares or merchandise is not permitted
except for goods, wares or merchandise produced, assembled, processed or fabricated
on the farm or which are directly related to the permitted on-farm diversified use.
5.18.7
PARKING
Parking for an on-farm diversified use shall be provided in accordance with the
'Other Uses' category, as contained in Table 5.19.2.1 - Parking Standards.
May/09
(Added by By-Law 31-09)
SECTION 5.0
GENERAL PROVISIONS
Page 5-23
Township of Zorra Zoning By-Law Number 35-99
5.18.8
SECONDARY TO THE FARM OPERATION
The on-farm diversified use must be clearly secondary and ancillary to the farm
operation.
(Added by By-Law 31-09)
5.18.9
SITE PLAN APPROVAL
Proposals for on-farm diversified uses shall be accompanied by a detailed site plan
showing the location of buildings and structures, wells and septic beds; areas for
parking, storage and landscaping; points of access; and any other information deemed
relevant to the proposal.
(Added by By-Law 31-09)
5.19
PARKING PROVISIONS
5.19.1
GENERAL REQUIREMENTS FOR PARKING AREAS
5.19.1.1
OFF-STREET PARKING AREAS REQUIRED
Unless otherwise stated in this by-law, motor vehicle parking spaces must be
provided on the same lot as the building to which such parking is associated in
accordance with the parking standards set out in Section 5.19.2.
5.19.1.2
MORE THAN ONE USE PER LOT
In a building or structure in which more than one use is located, the total requirement
for parking will be the sum of the requirements applied to each separate use, unless
otherwise expressly stated.
5.19.1.3
PARTS TO BE CONSIDERED AS REQUIRED SPACES
Where the application of the parking standards as set out in Section 5.19.2 results in
part of a parking space being required, such part will be considered as one required
space.
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-24
Township of Zorra Zoning By-Law Number 35-99
5.19.1.4
USE OF PARKING AREAS AND SPACES
All required parking spaces must be used exclusively for that purpose and must not
be used for any other purpose; and
5.19.1.4.1
Where a parking area or space is permitted or required under this Zoning By-Law,
no person shall use such area or space, in any zone, for parking any motor vehicle
unless such vehicle is operative, used in operations incidental to the permitted uses in
respect of which such parking area or space is provided, and bearing a motor vehicle
license plate which is currently valid.
5.19.1.4.2
COMMERCIAL MOTOR VEHICLES AND TRACTOR TRAILERS IN RESIDENTIAL ZONES
No person shall use any lot, building or structure in a Residential Zone for the
parking or storage of any commercial motor vehicle unless he or she is the owner or
occupant of such lot, building or structure, and provided that said vehicle shall not
exceed 4000 kg (8,818.3 lb) Gross Vehicle Weight (unloaded) as registered with the
appropriate regulating authority and provided that not more than one commercial
vehicle is stored in accordance with this Section.
No person shall use any lot, building or structure or street in a Residential Zone for
the parking or storage of any tractor trailer or part thereof. This provision shall not
include commercial motor vehicles or tractor trailers which temporarily attend at
residential premises for the purpose of delivery and/or service provided to the
occupants of such residential premises.
Notwithstanding subsection 5.19.1.4.2, a maximum of 2 of either a school bus or a
tractor and/or trailer may be parked or stored on a lot in an RE or RR Zone, located
outside of a settlement as defined in Section 2.7.2.1.
(Amended by By-Law 31-09)
5.19.1.5
ACCESS TO PARKING SPACE
A parking space must have unobstructed access from a public street by either a
driveway or an aisle leading to a driveway.
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-25
Township of Zorra Zoning By-Law Number 35-99
5.19.1.6
PARKING SPACE AND PARKING AISLE STANDARDS
Motor vehicle parking spaces and parking aisles shall comply with the standards set
out in Table 5.19.1.6 and be in accordance with Schedule "D" of this by-law.
TABLE 5.19.1.6 - PARKING SPACE AND AISLE STANDARDS
Angle of the Parking
Spaces
Minimum Perpendicular
Width of the Aisle
Depth of Parking
Space
Width of Parking
Space
30 degree
3.4 m (11.2 ft)
4.6 m (15.1 ft)
for cars parked side
by side 2.7 m (8.9 ft),
for cars parked with
wall or fence
adjacent 3 m
(9.8 ft)
45 degree
3.7 m (12.1 ft)
5.5 m (18.0 ft)
55 degree
4.3 m (14.1 ft)
5.8 m (19.0 ft)
60 degree
4.9 m (16.1 ft)
5.8 m (19.0 ft)
65 degree
5.2 m (17.1 ft)
5.8 m (19.0 ft)
70 degree
5.5 m (18.0 ft)
5.8 m (19.0 ft)
90 degree
6.7 m (22.0 ft)
5.5 m (18.0 ft)
parallel parking
4 m (13.1 ft) for one way
traffic and 6 m (19.7 ft) for
two way traffic
6.5 m (21.3 ft)
angle other than those
listed
shall meet the requirements for the angle of
parking which is greater than the angle being
provided
5.19.1.7
DRIVEWAY STANDARDS
The following standards apply to driveways providing ingress and egress to parking
spaces:
5.19.1.7.1
MINIMUM WIDTH ONE-WAY ACCESS
Where the access to a parking space is provided directly by a driveway from a public
street, the driveway must be at least 3.0 m (9.8 ft) in width and no more than 9 m
(29.5 ft) in width;
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-26
Township of Zorra Zoning By-Law Number 35-99
5.19.1.7.2
WIDTH OF JOINT ACCESS
Where a joint ingress and egress driveway is provided to a parking aisle, the
driveway width measured along the street line shall be at least 6.7 m (22 ft) in width
and no more than 9 m (29.5 ft) in width.
5.19.1.7.3
MAXIMUM DRIVEWAY WIDTH - RESIDENTIAL ZONES
Within a residential zone, a maximum of 50% of the front yard or exterior side yard
may be occupied by a driveway.
5.19.1.7.4
NUMBER OF DRIVEWAYS PERMITTED
Every lot shall be limited to not more than 2 driveways up to the first 30 m (98.4) of
frontage; and not more than 1 additional driveway for each additional 30 m (98.4 ft)
of frontage , provided that where a lot has more than one driveway, a separation of at
least 9 m (29.5 ft) shall be maintained between each driveway, as measured along the
street line between the said driveways.
(Amended by By-Law 31-09)
5.19.1.7.5
DISTANCE FROM INTERSECTION
The minimum distance between a driveway and an intersection of street lines is
7.5 m (24.6 ft).
5.19.1.7.6
DISTANCE FROM SIDE LOT LINE
The minimum distance between a driveway and a side lot line is 1.0 m (3.3 ft),
except in the case of shared driveways.
(Added by By-Law 31-09)
5.19.1.8
PARKING AREA SURFACE
Each parking area and driveway connecting the parking area with a street shall be
maintained with a stable surface which is treated so as to prevent the raising of dust
or loose particles. They shall, before being used, be constructed of crushed stone,
slag, gravel, recycled asphalt, crushed brick (or tile), cinders, asphalt or concrete and
with provisions for drainage facilities.
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-27
Township of Zorra Zoning By-Law Number 35-99
5.19.1.9
ADDITIONS TO BUILDINGS
The parking area requirements referred to herein shall not apply to any building in
existence at the date of passing of this Zoning By-Law so long as the floor area, as it
existed at such date, is not increased, and the building or structure is used for a
purpose which does not require more parking spaces according to subsection 5.19.2
of this Zoning By-Law than were required by its use at the date of passing of this
Zoning By-Law. If an addition or change of use is made to a building or structure as
it existed at the date of passing of this Zoning By-Law, then additional parking
spaces shall be provided to the number required for such addition or change in use.
5.19.2
MOTOR VEHICLE PARKING STANDARDS
5.19.2.1
OFF-STREET PARKING REQUIRED
Off-street parking for motor vehicles must be provided as set out in Table 5.19.2.1.
TABLE 5.19.2.1 - PARKING STANDARDS
Land Use
Category
Use
Number of Vehicle Parking Spaces
Required
Residential Uses
- single detached dwelling
- duplex dwelling
- semi-detached dwelling
- converted dwelling
- mobile dwelling
- street fronting townhouse
dwelling
- 2 per dwelling unit
- bed and breakfast
- boarding or lodging house
- 1 per guest room
- garden suite
- 1 per garden suite
- residential units in a portion of
a non-residential building
- multiple unit dwelling
- apartment dwelling
- 1.5 per dwelling unit
- long term care facility
- 1 per 3 beds or fraction thereof
Business Uses
- commercial school
- financial institution
- laundromat
- personal service establishment
- retail store
- service shop
- studio
- 1 per 20 m2 (215.3 ft2) of gross floor area
- eating establishment
- 1 per 9 m2 (96.9 ft2) of gross floor area
- funeral home
- 20 for the first 50 m2 (538.2 ft2) of gross
floor area plus 1 for each additional
1.5 m2 (16.1 ft2) of gross floor area used
for a chapel or public visitation area.
SECTION 5.0
GENERAL PROVISIONS
Page 5-28
Township of Zorra Zoning By-Law Number 35-99
TABLE 5.19.2.1 - PARKING STANDARDS
Land Use
Category
Use
Number of Vehicle Parking Spaces
Required
- wholesale establishment
- 1 per 90 m2 (968.8 ft2) of gross floor area
- hotel or motel
- 1.2 per guestroom
Office Uses
- business or professional office
- government administrative
offices
- 1 per 20 m2 (215.3 ft2) gross floor area
- animal kennel
- medical centre
- veterinary clinic
- Minimum of 4 spaces or 6.0 per 100 m2
gross floor area whichever is greater
Industrial Uses
- truck transport terminal
- 1 per 100 m2 (1,076.4 ft2) gross floor
area
- warehouse
- 1 per 185 m2 (1,991,4 ft2) of gross floor
area
- all other industrial uses
- 5 plus 1 per 90 m2 (968.8 ft2) of gross
floor area
Institutional Uses
- place of worship
- 1 for every 5 seats capacity, or 1 for each
10 m2 (107.6 ft2) of gross floor area used
for a hall or auditorium, whichever is
greater.
- school
- 1 per classroom, or 1 per 10 m2 (107.6
ft2) of floor area in the gymnasium or
auditorium, whichever is greater.
- group home
- 4 spaces
Leisure and
recreation type uses
- museum
- library
- recreational or athletic facility
- 1 per 20 m2 (215.3 ft2) of gross floor
area. Playing areas for squash, tennis,
handball and badminton courts are to be
excluded for the purposes of calculating
parking
- arena or community centre
- assembly hall
- fraternal lodge or institutional
hall
- place of entertainment
- 1 per 10 m2 (107.6 ft2) of gross floor area
or 1 space for every 4 seats whichever is
greater
- bowling alley
- 4 per lane
- curling facility
- 4 per curling sheet
Other Uses
All other uses permitted by this
Zoning By-Law other than
those listed in this table
- 1 per 40 m2 (430.6 ft2) of gross floor area
(Amended by By-Law 31-09)
Mar. 31/16
SECTION 5.0
GENERAL PROVISIONS
Page 5-29
Township of Zorra Zoning By-Law Number 35-99
5.19.2.2
ACCESSIBLE PARKING
5.19.2.2.1
Accessible parking spaces for all non-residential and multiple residential uses
including, an apartment dwelling, or a boarding or lodging house shall be provided
in compliance with the provisions of this subsection:
5.19.2.2.2
FOR THE PURPOSE OF THIS SUBSECTION:
(i)
a Type A parking space shall comprise an unobstructed rectangular area with
a minimum width of 3.4 m and a minimum length of 5.5 m; and
(ii)
a Type B parking space shall comprise an unobstructed rectangular area with
a minimum width of 2.7 m and a minimum length of 5.5 m.
5.19.2.2.3
Each accessible parking space must maintain a 1.5 m wide access aisle along the
entire length of the parking space as illustrated on Schedule "E". Where two or more
accessible parking spaces are required in accordance with the provisions contained in
Table 5.19.2.2 - Designated Accessible Parking Space Regulations, an access aisle
may be shared between accessible parking spaces.
5.19.2.2.4
REQUIRED NUMBER OF ACCESSIBLE PARKING SPACES
Accessible parking spaces for non-residential and multiple residential uses shall be
provided in compliance with Section 5.19.2.2.1 and Table 5.19.2.2.4 - Designated
Accessible Parking Space Regulations.
Table 5.19.2.2.4 - Designated Accessible Parking Space Regulations
Total Number of
Required Vehicle
Parking Spaces
Minimum Number of
Required Accessible
Spaces
Type A Spaces
Type B Spaces
1 - 12
1
1
0
13 - 100
4% of total required
parking spaces
Where an even number of accessible
parking spaces are required, an equal
number of Type A and Type B spaces
must be provided.
Where an odd number of total accessible
parking spaces are required, the
additional space may be a Type B space.
101 - 200
3% of total required
parking spaces + 1
201 - 1,000
2% of total required
parking spaces + 2
1,001 or greater
1% of total required
parking spaces + 11
5.19.2.5.5
LOCATION OF ACCESSIBLE PARKING SPACES
Accessible parking spaces shall be provided and maintained on the same lot in
proximity to the main entrances to a building or structure.
(Amended by By-Law 31-09)
(Replaced by By-Law 67-15)
December/15
SECTION 5.0
GENERAL PROVISIONS
Page 5-30
Township of Zorra Zoning By-Law Number 35-99
5.19.2.3
TANDEM PARKING
Where parking is provided at the dwelling unit in an individual driveway, the
required parking for that dwelling may be provided by a tandem parking space.
5.19.3
LOCATION OF PARKING AREAS
5.19.3.1
YARDS AND SETBACKS
Motor vehicle parking areas must be situated in accordance with the requirements set
out in Table 5.19.3.
TABLE 5.19.3 - LOCATION AND SETBACK REQUIREMENTS FOR PARKING AREAS
Zones
Yards Where
Parking is Permitted
Setback of Parking From:
Street
Line
Interior
Side Lot
Line
Rear Lot
Line
Residential Zone, units with
individual driveways
All yards
1.0 m
(3.3 ft)
---
---
Residential Zone, units
without individual driveways
Interior side yard
Rear yard
---
1.5 m
(4.9 ft)
1.5 m
(4.9ft)
Commercial, Institutional,
Industrial, Agricultural,
Mixed Use, Development
and Open Space Zones
All yards
1.0 m
(3.3 ft)
1.5 m
(4.9 ft)
1.5 m
(4.9 ft)
5.19.3.2
PARKING SPACE LOCATION ON OTHER LOT
Where the owner of a building or structure proposes to provide the required parking
spaces and areas in a location other than on the same lot as the use that requires such
spaces and areas, then such spaces and areas shall be located not more than 150 m
(492.1 ft) from the said lot. A site plan agreement shall be registered on the title of
the lands used for off-site parking, committing those spaces to the related use.
(Amended by By-Law 31-09)
5.19.4
QUEUE SPACE REQUIREMENTS
Where any of the uses permitted by this by-law offer drive-through service, off-street
vehicle queue spaces leading to and from the drive-through service must be provided
in accordance with Table 5.19.4.
Mar. 31/16
SECTION 5.0
GENERAL PROVISIONS
Page 5-31
Township of Zorra Zoning By-Law Number 35-99
TABLE 5.19.4: REQUIRED VEHICLE QUEUE SPACE
Land Use
Required Number of Spaces
Automated Bank Machine situated
on the exterior of a building or free-
standing kiosk.
3.0 before each Automated Bank Machine
Automobile Service Station/Repair
Garage
3.0 before each service bay
1.0 at service bay exit if a through-bay
Motor Vehicle Washing
Establishment
3.0 before each wash bay
2.0 after each wash bay
Restaurant
11.0 before pick-up window
2.0 after pick-up window
Convenience Retail or Service
Establishment
2.0 before service window
5.19.4.1
All required queue spaces must be provided in accordance with the following design
standards:
(a)
The minimum dimensions for each queue space must be 3.0 m (9.8 ft) in
width and 6.0 m (19.7 ft) in length;
(b)
Queue spaces must be arranged in a single waiting line in advance and behind
the drive through service window offered in accordance with Table 5.16.4;
(c)
A minimum inside turning radius for queue spaces forming a waiting line is
7.0 m (23.0 ft)
(d)
Queue spaces forming a waiting line must be unobstructed by parking spaces
or loading spaces and must be clearly delineated by markings and barriers;
(e)
Queue spaces forming a waiting line or storage space from the service offered
cannot form part of a parking aisle providing access to a parking space; and
(f)
Queue spaces must not abut a Residential Zone.
(Added by By-Law 86-07)
July 24/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-32
Township of Zorra Zoning By-Law Number 35-99
5.20
PLANTING STRIPS
5.20.1
REQUIREMENTS FOR NON-RESIDENTIAL USES
5.20.1.1
Where a lot is used for any Non-Residential purpose and
the interior side or rear lot line abuts a residential use or undeveloped land in a
Residential Zone or Development Zone then a strip of land adjoining such abutting
lot line, or portion thereof, shall be used for no other purpose than a planting strip in
accordance with the provision of this subsection.
5.20.1.2
Where such lot is in an Industrial Zone and the front, side or rear lot line abuts a
portion of a street, the opposite side of which portion of the street abuts a residential
use or undeveloped land in a Residential Zone or Development Zone, then a strip of
land adjoining such abutting lot line, or portion thereof, shall be used for no other
purpose than planting in accordance with the provisions of this subsection.
5.20.2
WIDTH
Where a planting strip is required in any zone and consists of landscaping or a berm,
the planting strip shall have a minimum width of 3 m (9.8 ft). A planting strip
consisting of a privacy fence or wall shall have a minimum width of 1 m (3.3 ft).
5.20.3
CONTENTS
A planting strip shall be used for no other purpose than for a row of trees, a
continuous unpierced hedgerow of evergreens or shrubs, a berm, a wall, or a privacy
fence, not less than 1.5 m (4.9 ft) high, immediately adjacent to the lot line or portion
thereof along which such planting strip is required hereunder, arranged in such a way
as to form a dense or opaque screen; with the remainder of the strip used for shrubs,
flower beds or grass, ground cover or a combination thereof.
5.20.4
DRIVEWAYS AND WALKS
In all cases where the ingress and egress of a driveway and/or walk extend through a
planting strip, it shall be permissible to interrupt the planting strip within 3.0 m
(9.8 ft) of the edge of said driveway and within 1.5 m (4.9 ft) of the edge of said
walks.
July 24/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-33
Township of Zorra Zoning By-Law Number 35-99
5.20.5
LANDSCAPED OPEN SPACE
A planting strip referred to in this subsection may form part of any landscaped open
space required by this Zoning By-Law.
5.21
PUBLIC USES
5.21.1
PUBLIC SERVICES
The provisions of the By-Law shall not apply to the use of any lot or to the erection
or use of any building or structure for the purposes of providing public services:
i
by the Corporation or the County as defined by the Municipal Act, R.S.O.
1990, as amended;
ii
by any utility system operated by the Corporation or another body on behalf of
the Corporation which provides said utility to the residents on behalf of the
Corporation and possesses all the necessary rights, licenses and franchise;
iii
by any gas, oil or water pipeline, telephone line, cable television line or any
similar utility service including any substation, transformer, regulator,
compressor or similar utility service building or structure;
iv
by any Conservation Authority established by the Government of Ontario;
v
by any department of the Government of Ontario;
vi
by any public utility or agency operating an electrical distribution facility, but
shall not include electrical or other power generation;
vii
for any use permitted under the Railway Act or any other statute of Ontario or
Canada governing railway operations, including tracks, spurs and other railway
facilities,
provided that where such lot, building or structure is located in any zone.
(Amended by By-Law 31-09)
5.21.1.1
no goods, material or equipment shall be stored in the open, except as permitted in
such zone;
5.21.1.2
any height of building, yards, planting strips, parking, loading, setback and lot
coverage provisions of the zone within which the use is located shall be complied
with. In Residential Zones, the use shall be enclosed in a building designed and
maintained in a manner that is generally compatible with residential buildings of the
same type permitted in such zone;
May/09
(Amended by By-Law 31-09)
SECTION 5.0
GENERAL PROVISIONS
Page 5-34
Township of Zorra Zoning By-Law Number 35-99
5.21.1.2.1
Notwithstanding the yard and setback provisions of this Zoning By-Law to the
contrary, for public water and sewage facilities in any zone, the following provisions
shall apply:
FRONT, REAR, AND SIDE YARDS
Minimum Depth
1.2 m (3.9 ft)
5.21.2
STREETS AND INSTALLATIONS
Nothing in this Zoning By-Law shall prevent land to be used as a street or prevent the
installation of a watermain, sanitary sewer main, storm sewer main, gas main, valve
or meter, pipe line, lighting fixtures, group mail boxes, bus shelters or overhead or
underground hydro, telephone or other supply line or communication line provided
that the location of such main, line or fixture has been approved by the Corporation,
and/or the County.
(Amended by By-Law 31-09)
5.21.3
EXCEPTIONS
5.21.3.1
Where in this Zoning By-Law under the heading of "USES PERMITTED", a use is
specifically permitted in a zone, which use without such reference thereto would be
permitted in any zone pursuant to the provisions of subsection 5.21.1, then such use
shall be deemed to be permitted only within the zone or zones making such specific
reference thereto and the said subsection 5.21.1 shall not apply to such use.
5.21.3.2
Notwithstanding anything in this Zoning By-Law to the contrary, new infrastructure
or utilities will only be permitted within any zones or Environmental Protection
Overlays corresponding to the Agricultural Reserve, Open Space and Environmental
Protection designations and Fish Habitat Protection Areas in the Oxford County
Official Plan, if they have first been approved through an environmental assessment
process.
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-35
Township of Zorra Zoning By-Law Number 35-99
5.22
SIGHT TRIANGLES
On a corner lot within the triangular space formed by the street lines and a line drawn from a
point on one street line to a point in the other street line, each such point being 9.0 m (29.5
ft), measured along the street line from the point of intersection of the street lines, no
building, structure, planting or vehicle shall be located in such a manner as to impede vision
between a height of 0.6 m (2 ft) and 3.0 m (9.8 ft) above the centreline grade of the
intersecting streets.
Where the two street lines do not intersect at a point, the point of intersection of the street
lines shall be deemed to be the intersection of the projection of the street lines or the
intersection of the tangents to the street lines.
5.23
SIGNIFICANT ENVIRONMENTAL FEATURES
5.23.1
ENVIRONMENTAL PROTECTION 1 OVERLAY
The Environmental Protection 1(EP1) Overlay shall apply to lands containing the
following Provincially Significant Environmental Features which are identified in the
County Official Plan:
Significant Habitat of Endangered or Threatened Species and other Significant
Wildlife Habitat
Significant Wetlands.
(Amended by By-Law 31-09)
5.23.1.1
IDENTIFICATION OF THE OVERLAY
The EP1 Overlay corresponds to the features listed in 5.23.1 and is identified on
Schedule "A" of this Zoning By-Law. Section 2.5 of this Zoning By-Law provides an
explanation for the interpretation of these overlay areas.
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-36
Township of Zorra Zoning By-Law Number 35-99
5.23.1.2
PERMITTED USES
Notwithstanding the provisions of the underlying zone, no person shall within any
EP1 Overlay use any lot or erect, alter or use any building or structure for any
purpose except one or more of the following uses:
uses existing at the date of passing of this Zoning By-Law;
a farm on existing cleared areas, excluding farm buildings, structures and
accessory dwellings;
a public use, in accordance with the provisions of Section 5.21 of this Zoning By-
Law;
a conservation project.
Notwithstanding the provisions of the underlying zone, no development or site
alteration shall be permitted within an EP1 Overlay, except for a use which lawfully
existed on the date of passing of this Zoning By-Law, provided that no additional
development or site alteration shall be permitted, except as specified in Section
5.23.1.3; and
Within the EP1 Overlay, the harvest of timber in conformity with the County
Woodland Conservation By-Law shall be permitted in accordance with the
Environmental Protection Area policies of the County of Oxford Official Plan.
All other uses not listed above shall be prohibited within the area of the EP1 Overlay.
(Amended by By-Law 31-09)
5.23.1.3
EXISTING USES, BUILDINGS AND STRUCTURES
Any building or accessory structure existing at the time of passing of this Zoning By-
Law may be replaced, rebuilt or altered, provided that any such replacement,
rebuilding or alteration thereto does not enlarge the gross floor area of the existing
building or accessory structure by more than 25%. Any such replacement, rebuilding
or alteration to a building or accessory structure shall take place within the area of
the existing foundation. Any portion of a use that legally existed at the date of
passing of this Zoning By-Law and is not located within existing buildings and/or
structures shall only be permitted within existing cleared areas.
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-37
Township of Zorra Zoning By-Law Number 35-99
Notwithstanding the above paragraph, a covered or uncovered deck, stoop and/or
landing may be attached to a residential dwelling existing at the date of passing of
this Zoning By-Law, or to any residential dwelling that has been replaced, rebuilt or
otherwise altered in accordance with the above paragraph. Any such covered or
uncovered deck, stoop and/or landing shall be constructed in accordance with Section
5.31 and shall not exceed 23.2 m2 (250 ft2) in area.
(Amended by By-Law 31-09)
5.23.1.4
ALL OTHER ZONE PROVISIONS APPLY
All other zone provisions of the underlying zone shall continue to apply within the
EP1 Overlay areas.
5.23.2
ENVIRONMENTAL PROTECTION 2 OVERLAY AND FISH HABITAT
The Environmental Protection 2 (EP2) Overlay shall apply to lands containing the
following Provincially Significant Environmental Features which are identified in the
County Official Plan:
Significant Valleylands
Significant Woodlands
Areas of Natural and Scientific Interest for the Life Sciences
Significant Wildlife Habitat.
Fish Habitat consists of all watercourses, ponds, lakes and reservoirs within the
Township.
(Amended by By-Law 31-09)
5.23.2.1
IDENTIFICATION OF THE OVERLAY AND FISH HABITAT
The EP2 Overlay corresponds to the features listed in Section 5.23.2 and is identified
on Schedule "A" of this Zoning By-Law . Section 2.5 of this Zoning By-Law
provides an explanation for the interpretation of these overlay areas.
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-38
Township of Zorra Zoning By-Law Number 35-99
5.23.2.2
PERMITTED USES
Notwithstanding the provisions of the underlying zone, no person shall within any
EP2 Overlay use any lot or erect, alter or use any building or structure for any
purpose except one or more of the following uses:
a public use, in accordance with the provisions of Section 5.21 of this Zoning
By-Law, and authorized through an environmental assessment process;
a single detached dwelling on a properly zoned lot of record created on or
before April 17, 1979, in accordance with the permitted uses and provisions
of the underlying zone;
a use which legally existed on the date of passing of this Zoning By-Law,
provided that no additional development or site alteration shall be permitted,
except as specified in 5.23.2.3;
a single detached dwelling on a lot which was part of a plan of subdivision
registered or draft approved on or before April 17, 1979;
a flood control structure;
an erosion control structure;
a farm on existing cleared areas, excluding farm buildings, structures and
accessory dwellings including the land application of nutrients, in accordance
with the Nutrient Management Act;
a recreation trail;
a picnic area;
a conservation project;
a building or structure used for flood or erosion control purposes, or for the
management of the natural environment, as approved by the Corporation, the
County, the Conservation Authority with jurisdiction and the Ministry of
Natural Resources;
a passive use park approved by the Corporation and the County, in
consultation with the Conservation Authority with jurisdiction.
All other uses not explicitly listed above shall be prohibited within the area of the
EP2 Overlay and Fish Habitat.
Within the EP2 Overlay, the harvest of timber, in conformity with the County
Woodland Conservation By-Law shall be permitted in accordance with
Environmental Protection Area policies of the County of Oxford Official Plan.
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-39
Township of Zorra Zoning By-Law Number 35-99
5.23.2.3
EXISTING USES, BUILDINGS AND STRUCTURES
Any building or accessory structure which lawfully is existing at the time of passing
of this Zoning By-Law may be replaced, rebuilt or altered thereto, after the passing of
this Zoning By-Law provided that any such replacement, rebuilding or alteration
thereto does not enlarge the gross floor area of the original building or accessory
structure by more than 25%. Any such replacement, rebuilding or alteration to such a
building or accessory structure shall take place within the area of the original
building foundation. Any portion of a use that legally existed at the date of passing
of this Zoning By-Law and is not located within an existing building or structure
shall only be permitted within existing cleared areas.
(Amended by By-Law 31-09)
5.23.2.4
ALL OTHER ZONE PROVISIONS APPLY
All other zone provisions of the underlying zone shall continue to apply within the
EP2 Overlay and Fish Habitat areas.
(Amended by By-Law 31-09)
5.23.3
DISTANCE FROM THE EP1 OVERLAY AND THE EP2 OVERLAY AND FISH HABITAT
WHERE AN ENVIRONMENTAL IMPACT STATEMENT IS REQUIRED
Development and site alteration and stock piling of materials within 120 m (393.7 ft)
of the EP1 Overlay must comply with the Environmental Impact Study Requirements
of the County of Oxford Official Plan.
Notwithstanding the above, where a residential use exists within the EP1 Overlay or
within 120 m (393.7 ft) area adjacent to the EP1 Overlay, buildings and structures
accessory to the said residential uses may be permitted within 120 m (393.7 ft) of the
EP1 Overlay without an EIS, in accordance with Section 5.1 and the Regulations for
Accessory Uses in Residential Zones contained in Table 5.1.1.3 of this Zoning By-
Law.
Development, site alteration and stockpiling of materials within 50 m (164 ft) of the
EP2 Overlay or edge of Fish Habitat, except those uses permitted in Section 5.23.2.2,
must comply with the Environmental Impact Study Requirements of the County of
Oxford Official Plan.
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-40
Township of Zorra Zoning By-Law Number 35-99
Buildings and structures accessory to a single detached dwelling or any residential
uses existing within the EP2 Overlay or within 50 m (164 ft) of the EP2 Overlay shall
be permitted in accordance with Section 5.1 and the Regulations for Accessory Uses
in Residential Zones contained in Table 5.1.1.3 of this Zoning By-Law.
(Amended by By-Law 31-09)
5.23.3.1
PERMITTED USES
All of the uses of the underlying zone are permitted within the distances specified,
subject to the provisions of an Environmental Impact Study undertaken by the
applicant pursuant to the Environmental Impact Study policies of the County of
Oxford Official Plan. Notwithstanding this provision, an Environmental Impact
Study will not be required if an exemption is granted under the Environmental Impact
Study policies of the County of Oxford Official Plan.
(Amended by By-Law 31-09)
5.23.3.2
ZONE REQUIREMENTS
All other zone provisions of the underlying zone shall continue to apply within these
areas, unless new provisions are recommended by the Environmental Impact Study.
Where new provisions are recommended by an Environmental Impact Study, a
zoning by-law amendment shall be required to incorporate such provisions into this
Zoning By-Law.
5.24
SITE PLAN CONTROL
Where uses located within any of the zones described in this Zoning By-Law are also within
an area designated by By-Law as being subject to Site Plan Control, pursuant to the Planning
Act, R.S.O. 1990, as amended, such uses shall be subject to the provisions of the zone as
well as any requirements of the Township of Zorra's Site Plan Control By-Law and
associated guidelines, as amended.
(Added by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-41
Township of Zorra Zoning By-Law Number 35-99
5.25
SITES OF POTENTIAL ENVIRONMENTAL CONTAMINATION
Sites of potential environmental contamination include sites presently or formerly used for
industrial, utility or waste disposal, a landfill site, or a salvage yard. Known sites will be
placed in a Holding Zone pursuant to Section 36 of the Planning Act, as amended. A zoning
by-law amendment in accordance with Section 36 of the Planning Act will be required to
remove the "H" symbol.
(Amended by By-Law 31-09)
5.26
SLOPE AND EROSION HAZARD AREA RESTRICTIONS
Despite the provisions of the underlying zone, no new buildings or structures shall be
permitted within areas identified as being within the one hundred year erosion limit adjacent
to ravines, river valleys and streams. Such erosion limits shall be established by the
Conservation Authority with jurisdiction.
(Amended by By-Law 31-09)
5.27
STREET FRONTAGE REQUIRED
No person shall erect any building or structure in any zone unless the lot upon which such
building or structure is to be erected has frontage upon an improved street. No building or
structure shall be erected, altered or enlarged on any lot which does not have lot frontage on
an improved street required for the zone which applies to the lot.
(Amended by By-Law 31-09)
5.28
STORAGE OR PARKING OF RECREATIONAL VEHICLES IN RESIDENTIAL ZONES
5.28.1
No person shall in any Residential Zone use any lot for the parking or storage of any
recreational vehicle except in accordance with the following provisions:
5.28.2
The owner or occupant of any lot, building or structure in any Residential Zone may
store or park not more than two recreational vehicles provided such recreational
vehicles do not exceed 9 m (29.5 ft) in total length.
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-42
Township of Zorra Zoning By-Law Number 35-99
5.28.3
The recreational vehicle must be stored within a detached or attached private garage
or carport or in the rear yard or the interior side yard provided that such
recreational vehicle is located no closer than 1 m (3.3 ft) to the rear lot line or
interior side lot line.
5.28.4
TEMPORARY STORAGE
Notwithstanding the provisions of Section 5.28.3 hereof, the owner or occupant of
any lot in a Residential Zone may store or park not more than two recreational
vehicles that do not exceed 9 m (29.5 ft) in total length in the front yard of such lot
from May 1 - October 31.
(Amended by By-Law 21-17)
5.28.5
FULLY ENCLOSED
Notwithstanding the provisions of subsection 5.28.1 of this by-law, the limitations
imposed therein shall not restrict the number of such recreational vehicles that are
fully enclosed within a detached or attached private garage.
5.28.6
OCCUPANCY
No recreational vehicle as defined in this by-law shall be used for permanent home
occupancy while stored on any lot.
5.29
THROUGH LOTS
Where a lot which is not a corner lot has frontage on more than one street, the setback and
front yard requirements contained herein shall apply on each street in accordance with the
provisions of the zone or zones in which such lot is located.
5.30
TOPSOIL OR PEAT EXTRACTION
5.30.1
TOPSOIL PRESERVATION BY-LAW
A permit is required for the extraction of topsoil or peat in accordance with the
Topsoil Preservation By-Law. The Township of Zorra has adopted a Topsoil
Preservation By-law pursuant to the Topsoil Preservation Act. The Township is
required to keep the Topsoil Preservation By-law in a current state.
April/17
SECTION 5.0
GENERAL PROVISIONS
Page 5-43
Township of Zorra Zoning By-Law Number 35-99
5.30.2
PERMIT REQUIRED
The extraction of topsoil or peat shall be allowed in accordance with the conditions
of the permit issued under the Topsoil Preservation By-Law.
5.31
YARD, SETBACK AND HEIGHT - PERMITTED ENCROACHMENTS
5.31.1
PERMITTED PROJECTIONS INTO REQUIRED YARDS
Notwithstanding the yard requirements established in this by-law the following
projections are permitted from a main building in accordance with the provisions set
out in Table 5.31.1.
TABLE 5.31.1 - PERMITTED PROJECTIONS INTO REQUIRED YARDS
Structure
Yard in Which
Projection Permitted
Maximum Projection
Permitted into Required
Yards
Minimum Setback
Between Projection
and Lot Line
Steps providing access to ground
floor, uncovered and unenclosed
decks, stoops or landings not
exceeding one storey in height
Front
Rear
Side
No limit
No limit
No limit
5.0 m (16.4 ft)
1.2 m (3.9 ft)
0.6 m (2 ft)
Ramp used for handicapped
access
All
Unlimited
None
Covered decks, stoops or
landings not exceeding one
storey in height
Front
Rear
1.5 m (4.9 ft)
No limit
---
4.0 m (13.1 ft)
Sills, cornices, pilasters,
chimneys, eaves, gutters, and
similar architectural features
All
0.6 m (2 ft)
---
Bay windows
All
1.0 m (3.3 ft)
---
Fire escapes, steps providing
access above ground floor and
balconies above ground floor
Rear
Side
1.0 m (3.3 ft)
1.0 m (3.3 ft)
---
---
July 24/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-44
Township of Zorra Zoning By-Law Number 35-99
5.31.1.1
Notwithstanding the provisions of Section 5.31.1 the following provisions shall also
apply:
No projection is permitted into a required parking area or driveway;
In a zone in which the yard setbacks for the main building are less than the
minimum yard setbacks required by Table 5.31.1 for such structures, then
they may be erected in accordance with setback requirements for the main
building, unless otherwise noted in this Zoning By-Law; and
No part of any building or structure on any lot shall project beyond a street
line where an encroachment permit has been approved for such projection by
the Corporation or, in the case of a County Road, the County.
(Amended by By-Law 31-09)
5.31.2
HEIGHT EXCEPTIONS
The height provision of this Zoning By-Law shall not apply to prevent the erection
and/or use of the following uses, in zones where such structures or building features
are associated, and provided that such features are erected only to such heights as is
necessary to accomplish their purpose:
A church spire, steeple or belfry;
A cupola, dome or other ornamental structure;
A flag pole;
A clock tower or bell tower;
A chimney or smoke stack;
A firewall;
A lightening rod or weathervane;
A skylight; elevator penthouse, water tank, mechanical penthouse or other
heating, cooling or ventilation equipment, or structure enclosing such
features;
A communications structure;
A radio or television antennae;
A feedmill, commercial grain elevator or silo.
(Amended by By-Law 31-09)
May/09
SECTION 5.0
GENERAL PROVISIONS
Page 5-45
Township of Zorra Zoning By-Law Number 35-99
5.32
WAYSIDE SAND OR GRAVEL PITS AND STONE QUARRIES
5.32.1
WHERE PERMITTED
Wayside sand or gravel pits and stone quarries are permitted in all zones outside of
designated settlements, as defined in subsection 2.7.2.1 of this Zoning By-Law and
outside of the EP1 and EP2 Overlay as shown on Schedule "A" of this Zoning By-
Law.
(Amended by By-Law 31-09)
5.32.2
TEMPORARY OR PORTABLE ASPHALT OR CONCRETE BATCHING PLANTS
Temporary or portable asphalt or concrete batching plants are permitted accessory to
a wayside pit or quarry shall be permitted in all zones outside of designated
settlements, as defined in subsection 2.7.2.1 of this Zoning By-Law and outside of
the EP1 and EP2 Overlays as shown on Schedule "A" of this Zoning By-Law.
(Amended by By-Law 31-09)
5.32.2.1
CERTIFICATE OF APPROVAL
A Certificate of Approval pursuant to the Environmental Protection Act must be
issued by the Ministry of Environment prior to the establishment of a temporary or
portable asphalt or concrete batching plant.
5.32.2.2
ZONE REQUIREMENTS
A temporary or portable asphalt or concrete batching plant shall comply with the
zone requirements of the zone in which such use is located.
May/09