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SECTION 4.0
DEFINITIONS
Page 4-1
Township of Zorra Zoning By-Law Number 35-99
In this Zoning By-Law, unless the context requires otherwise:
4.1
"ABATTOIR", means a building or structure, or portion thereof, where animals are
slaughtered for the purposes of processing meat into food for human consumption: and where
meat products are produced, processed, handled, stored or sold.
4.2
"ACCESSORY", when used to describe a use, building or structure means a use, a building
or a structure that is subordinate and exclusively devoted to a main use, building or structure
and located on the same lot therewith.
4.3
"ACCESSORY DWELLING UNIT" - See "DWELLING UNIT".
4.4
"AIRFIELD", means any land, lot or building used for the purposes of landing, storing,
taxiing or taking off of private or commercial aircraft pursuant to the regulations of the
appropriate authority, but does not include a private airstrip.
4.5
"AIRSTRIP, PRIVATE", means land used for the purpose of landing, storing, taxiing or
taking-off of private aircraft, pursuant to the regulations of any competent authority having
jurisdiction.
(Amended by By-Law 31-09)
4.6
"ALTER", when used in reference to a building, structure or part thereof, means to change
one or more of the internal or external dimensions of such building or to change the type of
construction of the exterior walls or roof thereof. When used in reference to a lot, the word
"alter" means to decrease the width, depth or area thereof or to decrease the width, depth or
area of any required yard, setback, landscaped open space or parking area, or to change the
location of any boundary of such lot with respect to a street or lane, whether such alteration
is made by conveyance or alienation of any portion of said lot, or otherwise. The words
"altered" and "alteration" shall have corresponding meanings. When used in reference to a
use, to discontinue and replace a use, in whole or in part, with a use as defined herein which
is distinct and different from the discontinued use.
4.7
"ANIMAL KENNEL", means any lot, building or structure, on or within which household
pets are housed or are to be housed, groomed, bred, boarded, trained or sold and which may
offer provisions for minor medical treatment.
4.8
"ASSEMBLY HALL", means a building or part of a building in which facilities are provided
for such purposes as meetings for civic, educational, political, religious, or social purposes
and shall include a banquet hall or private club.
May/09
SECTION 4.0
DEFINITIONS
Page 4-2
Township of Zorra Zoning By-Law Number 35-99
4.9
"ASPHALT OR CONCRETE BATCHING PLANT", means an industrial facility used for
the production of asphalt or concrete, or asphalt or concrete products, used in building or
construction and includes facilities for the administration and management of the business,
the stockpiling of bulk materials used in the production process or of finished products
manufactured on the premises and the storage and maintenance of required equipment, but
does not include the retail sale of finished asphalt or concrete products.
4.10
"ATTIC", means the portion of a building situated wholly or in part within the roof and
which is not a one-half storey.
4.11
"AUTOMOBILE SERVICE STATION", means a retail place of business, the prime function
of which is the sale of automotive fuels and products and/or providing repair service,
washing and maintenance to motor vehicles, excluding body and fender work and painting.
4.12
"BASEMENT", means that portion of a building between two floor levels which is partly
underground but which has at least one half of its height, from finished floor to finished
ceiling, above the adjacent finished grade.
4.13
"BED AND BREAKFAST ESTABLISHMENT", means a single detached dwelling in which
no more than three guest rooms are made available by the resident of the dwelling for the
temporary accommodation of the travelling or vacationing public. Such establishments may
offer light meals to those persons temporarily residing at the establishment. A Bed and
Breakfast establishment shall not include a hotel or motel or eating establishment, as defined
herein.
4.14
"BOARDING OR LODGING HOUSE", See "DWELLING".
4.15
"BOUNDARY ADJUSTMENT", means the alteration of the lot area and/or lot frontage of
an existing lot by a decision of the Oxford County Land Division Committee, or by other
legal means, but shall not include any alteration that results in the creation of a new lot.
(Added by By-Law 31-09)
4.16
"BUILDING", means any edifice, whether temporary or permanent, used or intended to be
used for shelter, accommodation or enclosure of persons, animals, or chattels other than a
lawful boundary wall or fence.
May/09
SECTION 4.0
DEFINITIONS
Page 4-3
Township of Zorra Zoning By-Law Number 35-99
4.17
"BUILDING INSPECTOR ", means any person or persons appointed by the Council of the
Corporation, who is charged with the duty of enforcing the provisions of the Ontario
Building Code and Township By-Laws.
(Added by By-Law 31-09)
4.18
"BUSINESS OR PROFESSIONAL OFFICE", means an office in which any business is
carried on or any profession is practised.
4.19
"CARPORT", means a covered structure used for the storage of vehicles. The roof of said
structure shall be supported by piers or columns so that 50 percent or more of its wall area
adjacent to the lot line is unenclosed.
4.20
"CELLAR", means that portion of a building between two floor levels which is partly or
wholly underground and which has more than one half of its height, from finished floor to
finished ceiling, below adjacent finished grade.
4.21
"CHIEF BUILDING OFFICIAL", means a person appointed by the Council of the
Corporation, who is charged with the duty of issuing Building Permits, enforcing the
provisions of the Ontario Building Code, Township By-Laws and applicable laws.
4.22
"COMMUNICATIONS STRUCTURE", means a structure that is intended for transmitting
or receiving television, radio, or other telecommunications.
4.23
"CONCRETE BATCHING PLANT", See "ASPHALT OR CONCRETE BATCHING OR
MIXING PLANT"
4.24
"CONSERVATION PROJECT", shall mean the use of a lot, building or structure by the
Federal or Provincial Government, the County, the Corporation, a conservation authority, or
agent thereof or a educational or non-profit group, for the purpose of preserving, managing,
or studying natural resources.
4.25
"CONTRACTOR'S SHOP OR YARD", means the premises of a construction company or
contractor used as a depot for the storage and maintenance of equipment used by the
contractor or company, and includes facilities for the administration or management of the
business shop or assembly work and the stockpiling or storage of supplies used in the
business and may include the accessory wholesale or retail sale of construction materials or
supplies or home improvement supplies.
May/09
SECTION 4.0
DEFINITIONS
Page 4-4
Township of Zorra Zoning By-Law Number 35-99
4.26
"CONVERTED DWELLING", - See "DWELLING".
(Amended by By-Law 31-09)
4.27
"CORPORATION ", means the Corporation of the Township of Zorra.
4.28
"COUNCIL", means the Municipal Council of the Corporation of the Township of Zorra.
4.29
"COUNTY", means the Corporation of the County of Oxford.
4.30
"COUNTY ROAD", means a street under the jurisdiction of the County.
(Amended by By-Law 31-09)
4.31
"DAYCARE CENTRE", means a facility licensed under Provincial statute which
accommodates a minimum of 7 children for the purposes of providing temporary care for a
period of time not exceeding 24 hours.
(Amended by By-Law 20-22)
4.32
"DEAD STOCK REMOVAL OPERATION" means a facility to which dead animals are
delivered for the purpose of obtaining the hide, skin, fats, meat, or other product of the dead
animals or for the purpose of selling or delivering the dead animals or parts thereof to a
rendering plant.
4.33
"DECK", means an unenclosed, uncovered structure exceeding an average height of 0.3 m
(1 ft) above grade level which is used as outside recreation area.
4.34
"DRIVEWAY", means a vehicle access provided from a street to a parking area, queue
space or loading space, or between two parking areas, but does not include a parking aisle.
4.35
"DWELLING", means a building occupied or capable of being occupied as the home or
residence of one or more persons, but shall not include a trailer, a mobile home, a motor
home or recreational vehicle as defined herein. A dwelling house may include a mobile
home for the purposes of a second accessory dwelling to a farm in the A1 or A2 Zones.
March/22
SECTION 4.0
DEFINITIONS
Page 4-5
Township of Zorra Zoning By-Law Number 35-99
4.35.1
"DWELLING UNIT", means a suite of two or more rooms, designed or intended
to be used for human habitation and to accommodate a single household, in
which sanitary conveniences and cooking facilities are provided and which has a
private entrance either from the outside of the building or through a common
hallway.
4.35.2
"APARTMENT DWELLING", means a dwelling of two or more storeys
containing three or more dwelling units sharing a common hall or halls and a
common entrance at street level or above the first floor.
4.35.3
"BOARDING OR LODGING HOUSE", means a dwelling, containing not more
than four guest rooms used or maintained for accommodation of the public, in
which the owner or head lessee supplies, for hire or gain, lodgings with or
without meals for three or more persons but does not include any other
establishment otherwise defined or classified herein.
4.35.4
"CONVERTED DWELLING", means a single detached dwelling which has been
altered or converted to contain not more than two dwelling units , except where a
greater number of dwelling units are specifically indicated in this Zoning By-
Law.
(Amended by By-Law 31-09)
4.35.5
"DUPLEX DWELLING", means the whole of a dwelling that is divided
horizontally into two separate dwelling units each of which has an independent
entrance either directly from the outside or through a common vestibule.
4.35.6
"MOBILE DWELLING" See "MOBILE HOME".
4.35.7
"MULTIPLE UNIT DWELLING", means a dwelling consisting of three or more
dwelling units, which are horizontally and/or vertically attached, which may be
entered from an independent entrance directly from the outside or from an
internal common space or an access balcony and in which 50% or more of
dwelling units have direct access to grade or a roof terrace. A multiple attached
dwelling includes a triplex, a fourplex, a sixplex and a townhouse, but shall not
include a street fronting townhouse or apartment dwelling.
May/09
SECTION 4.0
DEFINITIONS
Page 4-6
Township of Zorra Zoning By-Law Number 35-99
4.35.8
"SEMI-DETACHED DWELLING", means one of a pair of two attached
dwelling units, divided in whole or in part by a common interior vertical wall
with a minimum area above grade of 10 m2 (107.6 ft2), each of which has an
independent entrance either directly from the outside or through a vestibule.
4.35.9
"SINGLE DETACHED DWELLING", means a building that was designed and
built to contain only one dwelling unit.
4.35.10
"STREET FRONTING TOWNHOUSE DWELLING", means a dwelling
consisting of three or more dwelling units that are aligned horizontally and
divided vertically in whole or in part by common walls, with a minimum area
above grade of 10 m2 (107.6 ft2), and each of which has an independent entrance
directly from the outside and fronts onto a public street.
4.36
"DWELLING UNIT AREA", means a habitable area contained within the inside walls of a
dwelling unit, excluding any private garage, carport, porch, verandah, unfinished attic,
cellar or sun room (unless such sun room is habitable in all seasons of the year) public or
common halls or areas, and stairways.
4.37
"EATING ESTABLISHMENT", means a building or part thereof, where food is offered for
sale or sold to the public for immediate consumption and includes such uses as a restaurant,
cafe, cafeteria, ice cream parlours, tea or lunch room, dairy bar, coffee shop, snack bar,
refreshment room or stand.
4.38
"ELEVATION, AVERAGE", means the mean height above sea level, calculated along the
length of a building or structure.
4.39
"ERECT", when used in this Zoning By-Law includes building, construction, reconstruction
and relocation, and without limiting the generality of the word, also includes:
4.39.1
any preliminary physical operation, such as excavating, filling or draining;
4.39.2
altering any existing building or structure by an addition, enlargement, extension
or other structural change; and
4.39.3
any work which requires a building permit.
July 24/09
SECTION 4.0
DEFINITIONS
Page 4-7
Township of Zorra Zoning By-Law Number 35-99
4.40
"ESTABLISHED BUILDING LINE", means the average setback from the street line of
existing buildings calculated along one side of one block where more than half of the
frontage of the said side of the block has been built upon. For the purposes of this by-law, a
block is not considered to be more than 200 m (656.2 ft).
4.41
"EXISTING", means existing on the date of passing of this By- Law.
4.42
"FACILITY FOR SOLID OR LIQUID WASTES", means a facility which provides for the
handling, transfer, processing, composting, recycling or temporary storage of solid or liquid
wastes, but shall not include a landfill site, garbage disposal area or manure storage facility.
4.43
"FARM", means any agricultural use and includes: apiaries; aviaries, berry or bush crops;
breeding, raising or training horses or cattle; commercial greenhouses; kennels or the
breeding, boarding or sale of dogs or cats; farms devoted to the hatching, raising and
marketing of chickens, turkeys, or other fowl or game birds, animals, fish or frogs; flower,
vegetable or specialty crops; field crops; research and/or breeding stations; mushroom farms;
nurseries, orchards; riding stables; tree crops; wood lots; seasonal farm shows and such
accessory uses or enterprises as are customarily carried on in the field of primary agriculture.
A farm may include an on-farm composting facility and/or a bunk house for seasonal farm
workers provided it is located on the farm on which the seasonal farm workers are employed
and is constructed or anchored in accordance with the Building Code. A bunk house shall
not be used for more than 6 months in any calendar year.
(Amended by By-Law 31-09)
4.44
"FARM AUCTION BARN", means a building or structure used predominantly as a
livestock auction facility and may include the auction of agriculturally related chattels on an
incidental or accessory basis only.
4.45
"FARM IMPLEMENT DEALER", means the use of land, buildings, or structures where
farm vehicles and equipment are stored for the purposes of sale, lease, or hire and where farm
vehicles and equipment are repaired or serviced.
4.46
"FARM, REGULATED", means a farm unit that is regulated under the Nutrient
Management Act, 2002, as amended and its regulations or that is regulated under a municipal
Nutrient Management By-Law.
(Amended by By-Law 85-07)
(Amended by By-Law 31-09)
May/09
SECTION 4.0
DEFINITIONS
Page 4-8
Township of Zorra Zoning By-Law Number 35-99
4.47
"FARM UNIT", means the composite of all parcels operated as a farm, the principal farm
residence, any accessory residences, wood lot, barns and other structures necessary to
support agricultural and ancillary uses.
4.48
"FINISHED GRADE", see "GRADE, FINISHED"
4.49
"FRATERNAL LODGE OR INSTITUTIONAL HALL", shall mean a building, or portion
thereof, designed, used, or intended for use as a meeting place or assembly hall for the
members of an organization, association, fraternal order, or similar group, that is not operated
for profit and wherein athletic facilities, dining rooms and beverage rooms may be provided.
(Amended by By-Law 31-09)
4.50
"FRONTAGE" - See "LOT FRONTAGE".
4.51
"FRONT YARD" - See "YARD"
4.52
"FUEL STORAGE TANK", means a tank for the bulk storage of petroleum gasoline, fuel
oil, gas or flammable liquid or fluid but does not include a container for flammable liquid or
fluid legally and properly kept in a retail store or a tank for storage accessory to some other
use of the premises where such tank is located.
(Amended by By-Law 31-09)
4.53
"GARDEN SUITE", means a one-unit detached residential structure containing bathroom
and kitchen facilities that is ancillary to an existing residential structure and that is designed
to be portable.
4.54
"GOLF COURSE", means a public or private area operated for the purpose of playing golf
and may include accessory uses such as driving ranges, miniature courses, club houses and
similar uses operated for commercial purposes.
4.55
"GRADE FINISHED", means the average elevation of the finished surface at the ground at
the base of a structure or of the main front wall of a building exclusive of any embankment
in lieu of steps.
May/09
SECTION 4.0
DEFINITIONS
Page 4-9
Township of Zorra Zoning By-Law Number 35-99
4.56
"GROSS FLOOR AREA", means the aggregate of the horizontal areas of each floor whether
any such floor is above or below grade, measured between the exterior faces of the exterior
walls of the building or structure at the level of each floor, exclusive however, of:
4.56.1
any part of the building or structure below grade which is used for heating
equipment, the storage or parking of motor vehicles, storage and laundry facilities
and;
4.56.2
parts of buildings used for mechanical equipment, stairwells, elevators, or any
part of the building established below grade used for storage purposes.
4.57
"GROUP HOME", means a single housekeeping unit in a single detached dwelling in which
three to ten persons, excluding supervisory staff or receiving family, live under supervision
consistent with the particular needs of its residents. The group home is licensed or approved
under provincial statutes.
4.58
"GUEST ROOM", means a room or suite of rooms used or maintained for the
accommodation of the public but does not provide any facilities for the cooking or
preparation of meals.
4.59
"HEIGHT", means the vertical distance between the average elevation of the finished surface
of the ground at the front of the building and;
4.59.1
in the case of a flat roof, the highest point of the roof surface or the parapet,
whichever is the greater; or
4.59.2
in the case of a mansard roof, the deck roof line; or
4.59.3
in the case of a gable, hip or gambrel roof, the mean height between the eaves and
the ridge, exclusive of any accessory roof construction such as a chimney, tower,
solar collector, steeple, television antenna or dish; or
4.59.4
in the case of a quonset hut, three-quarters of the distance to the top of the
structure.
(Amended by By-Law 31-09)
May/09
SECTION 4.0
DEFINITIONS
Page 4-10
Township of Zorra Zoning By-Law Number 35-99
4.60
"HOME OCCUPATION", means any occupation or business for gain or profit conducted
entirely within a dwelling and/or an accessory building, but shall not include an eating
establishment or a public garage.
(Amended by By-Law 31-09)
4.61
"HOSPITAL" See "PUBLIC, HOSPITAL"
4.62
"HOTEL OR MOTEL", means any, motel, inn, or lodge in one main building or in two or
more buildings on the same site and used mainly for the purposes of catering to the needs of
the travelling public by supplying food and furnishing sleeping accommodation of not less
than four guest rooms, which guest rooms contain no provisions for cooking, and includes all
premises licensed under The Liquor License Act and may include permanent staff
accommodation.
4.63
"IMPROVED STREET", means a street assumed by the Corporation, the County or the
Province of Ontario which has been constructed in such a manner so as to permit its use by
normal vehicular traffic and shall include a street under construction within a registered plan
of subdivision for which a subdivision agreement has been entered into with The
Corporation. The definition shall not include a lane or private right-of-way.
4.64
"INFRASTRUCTURE", means physical structures that form the foundation for
development. Infrastructure includes: sewage and water works, storm sewers, storm water
management facilities, waste management systems, electric power (excluding power
generation), communications, transit and transportation corridors and facilities, and oil and
gas pipelines and associated facilities, but shall not include any other use defined herein.
(Amended by By-Law 31-09)
4.65
"LANDFILL SITE", means a garbage disposal area, operated by the County, employing an
engineering method of disposing of solid wastes and may include ancillary uses such as
waste transfer stations or storage areas, recycling facilities and resource recovery or reuse
operations.
4.66
"LANDSCAPED OPEN SPACE", means the open unobstructed space at grade on a lot and
which is suitable for the growth and maintenance of grass, flowers, bushes, trees and other
landscaping and includes any surfaced walk, patio or similar area but does not include any
driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any
open space beneath or within any building or structure.
May/09
SECTION 4.0
DEFINITIONS
Page 4-11
Township of Zorra Zoning By-Law Number 35-99
4.67
"LANE", means a public thoroughfare which affords only a secondary means of vehicular
access to abutting lots and which is not intended for general traffic circulation.
4.68
"LIVESTOCK ASSEMBLY AND SALES YARD", means any land, buildings or structures
where livestock are temporarily assembled for subsequent sale or distribution.
4.69
"LONG TERM CARE FACILITY", means a building in which the proprietor supplies for
hire or gain, lodging with or without meals and, in addition, may provide nursing, medical or
similar care and treatment, if required, and may include a rest home, convalescent home, or
home for the aged, but does not include any other establishment otherwise defined or
classified herein.
(Added by By-Law 31-09)
4.70
"LOT", means a parcel or tract of land;
4.70.1
which is a whole lot as shown on a registered plan of subdivision, but a registered
plan of subdivision for the purposes of this subsection does not include a
registered plan which has been deemed not to be a plan of subdivision under a
by-law passed pursuant to The Planning Act R.S.O. 1990 or,
4.70.2
which is held under separate ownership from adjacent lands according to the
registration thereof in the Registry Office or Land Titles Office.
4.71
"LOT AREA", means the total horizontal area within the lot lines of a lot, excluding the
horizontal area of such lot covered by Environmental Protection One overlay or
Environmental Protection Two overlay.
4.72
"LOT, CORNER", means a lot situated at the intersection of two streets, of which two
adjacent sides, that abut the intersecting streets, contain an angle of not more than one
hundred and thirty-five (135) degrees and where such adjacent sides are curved, the angle of
intersection of the adjacent sides shall be deemed to be the angle formed by the intersection
of the tangents to the street lines, drawn through the extremities of the interior lot lines,
provided that:
4.72.1
in the latter case, the corner of the lot shall be deemed to be that point on the
street line nearest to the point of intersection of the said tangents; and
4.72.2
any portion of a corner lot distant more than 30 m (98.4 ft) from the corner,
measured along the street line shall be deemed to be an interior lot.
May/09
SECTION 4.0
DEFINITIONS
Page 4-12
Township of Zorra Zoning By-Law Number 35-99
4.73
"LOT COVERAGE", means that percentage of the lot area covered by the horizontal
projections of the area of all buildings, but excluding the area covered by uncovered decks or
by balconies, canopies and overhanging eaves which are two meters or more in height above
finished grade.
(Amended by By-Law 31-09)
4.74
"LOT DEPTH", means the horizontal distance between the front and rear lot lines. If the
front and rear lot lines are not parallel, "lot depth" means the length of a straight line joining
the middle of the front lot line with the middle of the rear lot line. When there is no rear lot
line, "lot depth" means the length of a straight line joining the middle of the front lot line
with the apex of the triangle formed by the side lot lines.
4.75
"LOT FRONTAGE", means the horizontal distance between the side lot lines, such distance
being measured perpendicularly to the line joining the middle of the front lot line with either
the middle of the rear lot line or the apex of the triangle formed by the side lot lines and at a
point therein distant the required minimum front yard depth from the front lot line.
4.76
"LOT, INTERIOR", means a lot other than a corner lot.
4.77
"LOT LINE", means any boundary of a lot or the vertical projection thereof.
4.78
"LOT LINE, FRONT", means, in the case of an interior lot, the line dividing the lot from the
street. In the case of a corner lot, the shorter lot line abutting a street shall be deemed the
front lot line and the longer lot line abutting a street shall be deemed an exterior side lot line.
In the case of a through lot, the lot line where the principal access to the lot is provided shall
be deemed to be the front lot line.
4.79
"LOT LINE, REAR", means the lot line farthest from and opposite to the front lot line.
4.80
"LOT LINE, SIDE", means a lot line other than a front or rear lot line.
4.81
"LOT, THROUGH", means a lot bounded on two opposite sides by streets.
July 24/09
SECTION 4.0
DEFINITIONS
Page 4-13
Township of Zorra Zoning By-Law Number 35-99
4.82
"MEDICAL CENTRE", means a building or part thereof, other than a hospital, used solely
for the purpose of consultation, diagnosis and treatment of human patients by one or more
legally qualified physicians, dentists, optometrists, chiropodists, chiropractors, or drugless
practitioners, together with their qualified assistants, and without limiting the generality of
the foregoing, the building may include administrative offices, waiting rooms, treatment
rooms, laboratories, pharmacies and dispensaries directly associated with the centre and shall
not include accommodation for in-patient care or rooms for major surgery. The area for the
sale of medical related products shall not exceed 90 m2 (968.8 ft2).
4.83
"MINIMUM DISTANCE SEPARATION FORMULAE (MDS I AND MDS II)", means
formulae developed by the Ministries of Agriculture, Food and Rural Affairs and
Environment to separate uses so as to reduce incompatibility concerns about odour from
livestock facilities.
4.84
"MOBILE HOME", means a prefabricated dwelling unit, with a minimum 65 m2 (700 ft2) of
gross floor area, constructed to be towed on its own chassis (notwithstanding that its running
gear is or may be removed), on a flatbed, or in or on other trailers, designed and equipped for
year-round occupancy and containing suitable sanitary facilities including a flush toilet,
shower or bathtub within the unit, but does not include a trailer as defined in this by-law. All
mobile homes shall comply with the CAN/CSA Z-240 standard as referenced in the Ontario
Building Code.
(Amended by By-Law 31-09)
4.85
"MOTOR HOME", means a self-propelled motor vehicle designed for the temporary
accommodation of persons, but does not include a mobile home.
(Amended by By-Law 31-09)
4.86
"MOTEL", means a hotel as defined herein.
4.87
"MOTOR VEHICLE", includes an automobile, truck, motorized construction equipment,
farm tractor, motorized farm equipment, motor home, or recreational vehicle, and also
includes a trailer and any vehicle drawn or propelled by any kind of power, , but does not
include any other type of motor vehicle, a bicycle, or any other device powered solely by
means of human effort.
(Amended by By-Law 31-09)
May/09
SECTION 4.0
DEFINITIONS
Page 4-14
Township of Zorra Zoning By-Law Number 35-99
4.88
"MOTOR VEHICLE, COMMERCIAL", means a motor vehicle having attached thereto a
truck or delivery body and also includes ambulances, hearses, tow-trucks, motor buses, fire
apparatus, farm vehicles (including farm tractors), and tractor trailers or any part thereof
which are used for hauling purposes on the highways.
4.89
"MUNICIPAL DRAIN", means a drainage system constructed under an engineers report and
adopted by a by-law passed under the authority of the Drainage Act and shall include surface
and subsurface drainage, but does not include a sanitary sewer as defined herein.
4.90
"MUNICIPAL YARD", means any land, buildings or structures used for the purpose of
storing materials, vehicles and equipment which are necessary to the daily operations of the
Corporation, County or Province and includes such items as sand, salt, trucks, plows and a
fuel storage tank.
4.91
"NON-CONFORMING", means a use, building or structure which was lawfully used at the
date of passing of this Zoning By-Law, but does not conform to the permitted uses of this
Zoning By-Law for the zones in which such use, building or structure is located.
(Amended by By-Law 31-09)
4.92
"NON-COMPLYING USE", shall mean a permitted use of land, building or structure that
lawfully existed at the date of passing of this Zoning By-Law, but which does not comply
with one or more provisions of this Zoning By-Law.
(Amended by By-Law 31-09)
4.93
"NURSERY, RETAIL OR WHOLESALE ", means the use of lands, buildings or structures,
or portions thereof, where trees, shrubs, or plants are grown for the purpose of retail or
wholesale trade. A nursery may include the accessory sale of soil, planting materials,
fertilizers, garden equipment, ornaments and similar materials.
4.94
"NUTRIENT MANAGEMENT PLAN", means the science-based process for optimizing the
relationship between the land-based application of nutrients, farm management techniques,
crop requirements, and land use; and is consistent with the nutrient management review
criteria of the Ontario Ministry of Agriculture, Food and Rural Affairs as well as the Best
Management Practices pertaining to nutrient management published from time to time by
the Ontario Ministry of Agriculture, Food and Rural Affairs.
(Added by By-Law 31-09)
May/09
SECTION 4.0
DEFINITIONS
Page 4-15
Township of Zorra Zoning By-Law Number 35-99
4.95
"ON-FARM COMPOSTING FACILITY" means a structure used exclusively for the
composting of dead livestock and poultry and required carbon materials generated on the
farm unit.
(Added by By-Law 42-02)
4.96
"ON-FARM DIVERSIFIED USE", means any use on a farm conducted for gain or profit
which is secondary and incidental to the principal use of the property for primary agriculture
and may include but is not limited to the sale of seed, value-added processing or packing
operations, the assembly or fabrication of finished products, warehousing, a contractor or
tradesman's shop, a welding/vehicle repair operation, a craftsperson, an artist or a personal
service establishment, or farm vacation establishment, but shall not include a home
occupation as defined herein.
4.97
"ONE HUNDRED YEAR EROSION LIMITS", means for lands adjacent to ravines, river
valleys and streams, the approved standards involving the combined influence of stable
slope, 100 times the average annual recession rate, and an erosion allowance to define the
erosion limits for regulatory purposes.
4.98
"OPEN STORAGE", means the storage of raw or finished goods, equipment, or other
materials, but not the parking or storage of motor vehicles, in an area of a lot which is not
enclosed within a building or structure.
Dec. 14/09
SECTION 4.0
DEFINITIONS
Page 4-16
Township of Zorra Zoning By-Law Number 35-99
4.99
"OUTDOOR COMMERCIAL RECREATIONAL FACILITY", means any lot or part of a lot
used to provide outdoor commercial recreational activities for a fee, such as ice skating rinks,
roller skating and roller-blading parks, watersport facilities, commercial swimming pools,
baseball batting cages, ski hills, lawn bowling greens, or other similar uses, but shall not
include a seasonal trailer park or campground as defined herein, a go-kart track or any other
use which may create a nuisance in terms of odour or noise.
(Added by By-Law 31-09)
4.100 "PARK", means an area of land, consisting primarily of landscaped open space, used for
active or passive recreational purposes or as a conservation area, with or without related
recreational buildings, structures or facilities which may include a playground, a play area, a
refreshment room, a community centre, a field house, a bandstand, bleachers, a skating rink,
a horticultural greenhouse, a bowling green, a tennis or badminton court, a sports field, a
running track, a swimming area, a wading pool, a boating pond or lake, or a picnic area, but
not including a seasonal trailer park or campground, a mobile home park or any other use
separately defined or listed herein.
4.101 "PARK, PASSIVE USE", means an area of land, consisting of landscaped open space,
which is used for recreational purposes that do not involve large concentrations of people or
activity on a regular basis, such as walking trails, conservation projects, ponds and picnic
areas.
(Added by By-Law 31-09)
4.102 "PARK, PRIVATE", means a park other than a public park.
4.103 "PARK, PUBLIC", means a park owned or controlled by the Corporation, the County, the
Province, or by any Board, Commission or other Authority established under any statute of
the Province of Ontario.
4.104 "PARKING AISLE", means a portion of a parking area which abuts, on one or more sides,
parking spaces to which it provides access, and which is not used for the parking of motor
vehicles.
4.105 "PARKING AREA", means an area provided for the parking of motor vehicles and may
include parking aisles, parking spaces and ingress and egress lanes, but shall not include any
part of a public street. Parking area may include a private garage.
May/09
SECTION 4.0
DEFINITIONS
Page 4-17
Township of Zorra Zoning By-Law Number 35-99
4.106 "PARKING LOT", means any parking area whether or not such parking area is required
pursuant to the provisions of this Zoning By-Law.
4.107 "PARKING SPACE", means an area having an adequate means of ingress and egress to and
from a public street, lane or parking aisle for the temporary parking or storage of motor
vehicles, and may include a private garage.
4.108 "PERMITTED", means "permitted by this Zoning By-Law".
4.109 "PERSON", means any human being, association, firm, partnership, incorporated company,
corporation, agent or trustee, and the heirs, executors or other legal representatives of a
person to whom the context of this Zoning By-Law can apply according to law.
4.110 "PERSONAL SERVICE ESTABLISHMENT", means a building, or part thereof, in which
persons are employed in providing services and otherwise administering to the individual
and personal needs of persons, including but not necessarily restricted to a barber,
hairdresser, beautician, massage therapist, tailor, dressmaker and shoemaker, dry cleaning
establishment, sun tanning shop and formal rental shop. The sale of merchandise shall be
permitted only as an accessory use to the personal service provided.
4.111 "PLACE OF ENTERTAINMENT", means a motion picture or other theatre, amusement
arcade, arena, auditorium, public hall, billiard or pool room, bowling alley, or dance hall; but
does not include any place of entertainment or amusement otherwise defined or classified
herein.
4.112 "PLACE OF WORSHIP", means a building dedicated to religious worship and may include a
church hall, church auditorium, Sunday School, convent, monastery, parish hall, or daycare
centre.
(Added by By-Law 31-09)
4.113 "PRIVATE GARAGE", means a detached accessory building or portion of a dwelling which
is designed or used for the sheltering of private motor vehicles and storage of household
equipment incidental to the residential occupancy and which is fully enclosed, but excludes a
carport.
(Amended by By-Law 31-09)
May/09
SECTION 4.0
DEFINITIONS
Page 4-18
Township of Zorra Zoning By-Law Number 35-99
4.114 "PRIVATE HOSPITAL", means a private hospital within the meaning of The Private
Hospitals Act.
4.115 "PROCESSING PLANT FOR AGRICULTURAL PRODUCTS AND/OR BY-
PRODUCTS", means a lot, building or structure used for the processing of products directly
derived from agriculture and may include the processing, storage and transport of such
products, but does not include a rendering plant.
4.116 "PROVINCIAL HIGHWAY", means a street under the jurisdiction of the Province of
Ontario.
4.117 "PUBLIC GARAGE", means a building or place where motor vehicles are hired or kept or
used for hire, or where such vehicles and gasoline or oils are stored or kept for sale, or a
building or place used for the purpose of servicing, washing or cleaning motor vehicles, but
does not include any use otherwise defined or classified herein.
4.118 "PUBLIC HOSPITAL", means a public hospital within the meaning of The Public Hospitals
Act.
4.119 "PUBLIC LIBRARY", means a public library within the meaning of The Public Libraries
Act.
4.120 "PUMP ISLAND", means that portion of an automobile service station, public garage or
portion of non-residential use for the retail sale of gasoline, that includes the gas pumps,
concrete base, overhead canopy and kiosk, but shall not include any part of any building for
the repair or service of motor vehicles.
4.121 "RECREATIONAL OR ATHLETIC FACILITY OR CLUB", means a building designed and
intended to accommodate various forms of indoor sports and recreation and shall include an
arena, gymnasium, fitness centre, ice rink or curling facility, tennis, squash, handball and
badminton courts and roller rinks.
4.122 "RECREATIONAL TRAIL", an area used for hiking, horseback riding, cross country skiing
or other similar forms of non-motorized recreational travel.
4.123 "RECREATIONAL VEHICLE", means any registered vehicle and shall include only the
following; a snowmobile, a boat, a motor home, a trailer as defined herein; or a trailer for
the hauling of snowmobiles or boat.
July 24/09
SECTION 4.0
DEFINITIONS
Page 4-19
Township of Zorra Zoning By-Law Number 35-99
4.124 "RENDERING PLANT", means a premises at which dead animals are processed into hides,
meat, bone, meal, meat meal or inedible fats;
4.125 "RETAIL STORE", means a building, or part of a building, in which goods, wares,
merchandise, or articles are offered for sale, but does not include any establishment
otherwise defined or classified herein.
4.126 "SALVAGE YARD", means an establishment where goods, wares, merchandise, and articles
are dismantled or recycled for further use and where such goods, wares, merchandise and
articles are stored and kept for sale wholly or partly in the open and shall be restricted to a
junk yard, a scrap metal yard, and an automobile wrecking yard, and may include an
accessory building. Such goods, wares, merchandise, and articles shall not include
hazardous waste, except compounds such as fuel, oil, and freon, which are necessarily
collected as part of the dismantling or recycling operation, provided that the handling of such
compounds is in accordance with all applicable Federal and Provincial environmental
requirements.
4.127 "SAND OR GRAVEL PIT", means any pit or excavation made for the removal of any soil,
sand or gravel for commercial and/or municipal purposes, but shall not include a stone
quarry or a topsoil or peat extraction operation, an excavation incidental to the erection of a
building or structure for which a building permit has been granted by the Corporation, an
excavation incidental to the construction of any public works, or a soil processing operation.
4.128 "SANITARY SEWER", means a system of underground conduits, operated either by the
County or the Province of Ontario, which carries sewage to a place of treatment.
4.129 "SCHOOL", means an educational establishment, including:
4.129.1
"PUBLIC SCHOOL", means a school under the jurisdiction of a public agency.
4.129.2
"PRIVATE SCHOOL", means a school, other than a public school or a
commercial school, under the jurisdiction of a private board of trustees or
governors, a religious organization or a charitable institution.
4.129.3
"COMMERCIAL SCHOOL", means a school where instruction is given for hire
or gain and includes the studio of a dance or music teacher, an art, business or
trade school, and any other such specialized school conducted for hire or gain.
July 24/09
SECTION 4.0
DEFINITIONS
Page 4-20
Township of Zorra Zoning By-Law Number 35-99
4.130 "SEMI-DETACHED DWELLING" - See "Dwelling".
(Amended by By-Law 31-09)
4.131 "SERVICE SHOP", means a building or part of a building not otherwise defined or classified
herein for the servicing or repairing of articles, goods or materials.
4.132 "SETBACK", means the horizontal distance from the centreline of the street allowance,
measured at right angles to such centreline to the nearest part of any building or structure on
the lot.
4.133 "SOIL PROCESSING OPERATION", means the use of any land, building or structure for
the purpose of storing, mixing, composting and packaging any soil, soil conditioning agents,
wood chips and related materials, compost or manure.
4.134 "STONE QUARRY", means any open excavation and/or underground mine made for the
removal of any consolidated rock or mineral including limestone, sandstone or shale, in order
to supply material for construction, industrial, or manufacturing purposes, but shall not
include a sand or gravel pit, an excavation incidental to the erection of a building or
structure for which a building permit has been granted by the Corporation or an excavation
incidental to the construction of any public works.
4.135 "STOREY", means the portion of a building, other than an attic or cellar, included between
any floor level and the floor, ceiling or roof next above it.
4.136 "STREET", means a public highway or public road allowance which affords the principal
means of access to abutting lots but does not include a lane or a private right-of-way.
"PROVINCIAL HIGHWAY", "COUNTY ROAD" and "TOWNSHIP ROAD" mean a
Provincial Highway, County Road and Township Road as defined herein.
4.137 "STREET LINE", means the limit of the street allowance and is the dividing line between a
lot and a street.
4.138 "STRUCTURE", means anything constructed or erected, the use of which requires location
on the ground, or attached to something having location on the ground and, without limiting
the generality of the foregoing, includes a motor vehicle as defined in The Highway Traffic
Act but does not include a parking area.
May/09
SECTION 4.0
DEFINITIONS
Page 4-21
Township of Zorra Zoning By-Law Number 35-99
4.139 "STUDIO", means a building or part thereof used as the work place of a photographer,
craftsman or artist or for the instruction of art, music, dancing, languages or similar
disciplines.
4.140 "TOWNSHIP ROAD", means a street under the jurisdiction of the Corporation.
4.141 "TRAILER" means any portable unit so constructed as to be suitable for attachment to a
motor vehicle e.g. travel trailer or tent trailer and/or capable of being used for the temporary
accommodation of persons. This definition shall not include a mobile home.
4.142 "TRAILER CAMP", means an area of land used for recreational tenting or camping
activities, provided that any trailers or motor homes within such trailer camps are not
occupied continuously as permanent year round residences for the occupants.
(Amended by By-Law 31-09)
4.143 "TRUCK TRANSPORTATION TERMINAL", means the use of land, buildings, or
structures where commercial motor vehicles are loaded or unloaded, stored, serviced, rented,
leased, kept for hire, or parked for remuneration or from which commercial motor vehicles
are dispatched as common carriers, or where goods are stored temporarily for further
shipment.
(Amended by By-Law 31-09)
4.144 "USE", when used as a noun, means the purpose for which a lot or a building or structure, or
any combination thereof is designed, arranged, intended, occupied or maintained and
"USES" shall have a corresponding meaning. "USE", when used as a verb, or "TO USE"
shall have a corresponding meaning.
4.145 "VETERINARY CLINIC", means a building or part thereof ,wherein animals of all kinds
may be treated or kept for treatment by a registered veterinarian and where such animals may
be temporarily boarded.
4.146 "WAREHOUSE", means a building or part thereof which is used for the storage, adapting for
sale, packaging or wholesale distribution of goods, wares, merchandise, foodstuff, substances
or articles, but does not include a fuel storage tank except as an accessory use.
4.147 "WATERCOURSE", is a stream of water which flows along a defined channel, with beds
and banks, for a sufficient time to give it substantial existence. This may include streams
that dry up periodically.
May/09
SECTION 4.0
DEFINITIONS
Page 4-22
Township of Zorra Zoning By-Law Number 35-99
4.148 "WATER SUPPLY", means a distribution system of underground piping and related storage,
including pumping and purification appurtenances operated by the Corporation, the County
and/or the Province of Ontario.
(Amended by By-Law 31-09)
4.149 "WAYSIDE PIT OR QUARRY", means a temporary pit or quarry opened and used by the
Corporation, the County and/or the Province of Ontario solely for the purpose of a road
construction project and not located on the street right-of-way.
(Amended by By-Law 31-09)
4.150 "YARD", means an area adjacent to a building, structure or excavation, located on the same
lot as the building, structure or excavation, and which area is open, uncovered and
unoccupied, except for such accessory buildings, structures or uses as are specifically
permitted elsewhere in this Zoning By-Law.
(Amended by By-Law 31-09)
4.151 "YARD, FRONT", means an area extending across the full width of the lot between the front
lot line of the lot and the nearest part of any excavation, or main building on the lot.
4.152 "FRONT YARD DEPTH", means the least horizontal dimension between the front lot line of
the lot and the nearest part of any building, structure or excavation on the lot, or the nearest
open storage use on the lot.
4.153 "YARD, REAR", means an area extending across the full width of the lot between the rear
lot line of the lot and the nearest part of any excavation or main building on the lot.
4.154 "REAR YARD DEPTH" means the least horizontal dimension between the rear lot line of
the lot and the nearest part of any building, structure or excavation on the lot, or the nearest
open storage use on the lot.
4.155 "YARD, REQUIRED", means an area with the minimum front yard depth, rear yard depth
or side yard width required by the provisions of this Zoning By-Law.
(Amended by By-Law 31-09)
May/09
SECTION 4.0
DEFINITIONS
Page 4-23
Township of Zorra Zoning By-Law Number 35-99
4.156 "YARD, SIDE", means an area extending from the front yard to the rear yard and from the
side lot line of the lot to the nearest part of any excavation or main building on the lot. In the
case of a lot which has no rear lot line, the side yard shall extend from the front yard to the
opposite side yard.
4.157 "SIDE YARD WIDTH" means the least horizontal dimension between the side lot line of the
lot and the nearest part of any building, structure or excavation on the lot, or the nearest open
storage use on the lot.
4.158 "YARD, SIDE, EXTERIOR", means a side yard immediately adjoining a public street that
shall extend from the required front yard to the rear lot line.
(Amended by By-Law 86-07)
4.159 "YARD, SIDE, INTERIOR", means a side yard other than an exterior side yard.
4.160 "BY-LAW ENFORCEMENT OFFICER", means any person or persons appointed by the
Council of the Corporation, who is charged with the duty of enforcing the provisions of the
Township By-Laws.
(Added by By-Law 31-09)
May/09