Proposed Comprehensive Zoning By-law
Town of South Bruce Peninsula
c/o County of Bruce Planning & Economic Development Department
Box 848, 30 Park Street, Walkerton, Ontario N0G 2V0 (519) 881-1782 Fax (507-3030)
Box 129, 578 Brown Street, Wiarton, Ontario N0H 2T0 (519) 534-2092 Fax (534-1174)
Chris LaForest, MCIP Director
Notice of Open House
Regarding a Proposed Comprehensive Zoning By-law
for the Town of South Bruce Peninsula
All residents of the Town of South Bruce Peninsula are invited to attend a series of OPEN HOUSE meetings in
order to review the proposed Comprehensive Zoning By-law for the Town of South Bruce Peninsula.
DATE LOCATION TIME
Tuesday July 14 Wiarton Ross Whicher Centre 3 pm to 7 pm
578 Brown St
Thursday July 16 Allenford Allenford United Church 3 pm to 7 pm
7763 Highway 21
Friday July 17 Mar Mar Women's Institute 3 pm to 7 pm
2 Mar Sideroad
Saturday July 18 Sauble Beach Amabel Sauble Community School 10 am to 2 pm
555 Sauble Falls Parkway
Purpose and Effect of the proposed Comprehensive Zoning By-law The proposed Comprehensive
Zoning By-law would provide detailed land use regulations in order to facilitate decision making by Municipal
Council, public agencies and private interests with regard to the use and development of land within the
Municipality. Specifically, the Comprehensive Zoning By-law deals with (a) the use that may be made of a parcel of
land, (b) the size of parcels of land, (c) required setbacks and coverage of parcels of land by structures, and (d)
other matters including hazard/environmental protection zones and agricultural land. The Comprehensive Zoning
By-law will replace the existing Amabel, Albemarle, Wiarton and Hepworth Zoning By-laws.
A copy of the proposed Comprehensive Zoning By-law will be available for public review on July 1st, 2009 at:
Bruce County Planning Department Town of South Bruce Peninsula Town Hall
P.O. Box 129, 578 Brown Street 315 George St, PO Box 310
Wiarton, Ontario N0H 2TO Wiarton, Ontario, N0H 2T0
(tel: 519-534-2092) (tel: 519-534-1400)
between the hours of 8:30 a.m. and 4:30 p.m, Monday to Friday.
The proposed Comprehensive Zoning By-law is also available at:
www.brucecounty.on.ca AND www.southbrucepeninsula.com
Sabine Robart MCIP RPP
Municipal Planner for Town of South Bruce Peninsula
Bruce County Planning & Economic Development
Town of South Bruce Peninsula
Comprehensive Zoning By-law
Draft for Discussion Purposes
Prepared by:
COUNTY OF BRUCE
PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT
DRAFT July 2009 1
SECTION 1 ENACTMENT
Whereas the Council of the Corporation of the Town of South Bruce Peninsula considers it advisable to
restrict the use of land and the erection of buildings and structures on land situated within the Town,
And Whereas the Council of the Town of South Bruce Peninsula further considers it desirable replace
bylaws in force that were enacted prior to the amalgamation, and to produce a new comprehensive
zoning bylaw for the entire municipality,
And whereas authority is granted to the Council of the Municipality, under section 34 of the Planning Act,
to enact such a bylaw.
Now Therefore The Council of the Corporation of the Town of South Bruce Peninsula enacts as follows:
SECTION 2 GENERAL
2.1 TITLE
This By-law may be cited as the Comprehensive Zoning By-law of the Municipality of South Bruce
Peninsula. This By-law is comprised of the following text, and of the attached Schedules.
2.2 REPEAL OF EXISTING BY-LAWS
On the coming into force of this By-law, all by-laws passed before its date of passing under
Section 34 of the Planning Act or a predecessor thereof enacted by this Council or a predecessor
Council are repealed.
2.3 EFFECTIVE DATE
This Bylaw shall come into force and effect on the date it is passed by Council subject to
compliance with the provisions of the Planning Act.
2.4 CONFLICT WITH OTHER BY-LAWS
In the event of any conflict or inconsistency between this By-law and other general or special By-
laws of the Corporation, the provisions of this By-law shall prevail.
2.5 APPLICATION OF THIS BY-LAW
No building or structure shall thereafter be erected or altered, and the use of any building,
structure or land shall hereafter not be changed in whole or in part except in conformity with this
By-law.
2.6 AREA TO WHICH THIS BY-LAW APPLIES
This By-law applies to all lands within the corporate limits of the Corporation of the Town of South
Bruce Peninsula.
SECTION 3 INTERPRETATION
3.1 GENERAL
In this By-law
1. The particular shall control the general;
2. The word "shall" is mandatory, and the word "may" is permissive;
DRAFT July 2009 2
3. Words used in the present tense shall include the future, and words used in the
singular number shall include the plural, and the plural shall include the singular
unless the context clearly indicates the contrary.
3.2 METRIC AND IMPERIAL MEASUREMENT
All measurement figures used in this By-law shall be metric. The approximate imperial
equivalents to the metric measurements used in this By-law may be shown in brackets following
each such metric measurement, and are provided as an Explanatory Note.
3.3 EXPLANATORY NOTES
Throughout this By-law are Explanatory Notes. These are usually shown in a text box, and
always contain the prefix "Note:" These Explanatory notes do not form part of the formal By-law
and are intended to provide information only. Explanatory Notes may be changed, added or
deleted at any time without amendment to this By-law.
3.4 LOCATION OF ZONES
The Zones and Zone boundaries are shown on Schedules ____________ which are attached to
and form part of this By-law.
3.5 DETERMINING ZONE BOUNDARIES
Where the boundary of any Zone is uncertain and:
a) the boundary is shown as following a street, lane, railway right-of-way or watercourse, the
center line of the street, lane, railway right-of-way, electric transmission line right-of-way
or watercourse is the boundary;
b) the boundary is shown as substantially following lot lines shown on a registered plan of
subdivision, the lot lines are the boundary;
c) the boundary is shown as running substantially parallel to a street line and the distance
from the street line is not indicated, the boundary shall be deemed to be parallel to such
street line and the distance from the street line shall be determined according to the scale
shown on the Schedule, and
d) where none of the above provisions apply, the Zone boundary shall be scaled from the
Schedules.
3.6 MORE THAN ONE ZONE ON A LOT
Where a lot is shown on a Schedule to this By-law as being within more than one zone, the
provisions of each zone shall be applied to that portion of the lot within that zone. However, a
zone boundary that is not also a lot line shall not be considered to be a lot line for purposes of
applying this By-law.
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SECTION 4 ADMINISTRATION, ENFORCEMENT AND PENALTIES
4.1 ADMINISTRATION
Unless otherwise specified, this By-law shall be administered by the Chief Building Official, or
designate, acting on the direction of the Council of the Town of South Bruce Peninsula.
Note: The issuance of Building Permits is the responsibility of the Chief Building Official
pursuant to the Ontario Building Code Act, and requirements specified in Town's Building
Bylaw. The Zoning By-law is applicable law in relation to the issuance of permits under the
Building Code Act and its regulations.
4.2 INSPECTION
Where an officer of the Municipality who is charged with enforcing this Bylaw has reasonable
grounds that this By-law is being contravened, he or she may inspect the property in accordance
with the requirements of Section 49 of the Planning Act.
Note: Please consult Section 49 of the Planning Act regarding specific requirements for entry
and inspection, where a search warrant is required, and related provisions.
4.3 VALIDITY
Should any provision of this Bylaw be declared by a court of competent jurisdiction to be invalid, the
invalidity of that provision shall not affect the validity of the Bylaw as a whole or any part of the Bylaw
other than the provision declared to be invalid.
4.4 PENALTY
Every person who contravenes or who causes or permits any contravention of any of the
provisions of this Bylaw is guilty of an offence and on conviction is liable to the penalties
prescribed by Section 67 of the Planning Act, RSO 1990 as amended from time to time.
Note: Section 67 of the Planning Act calls for a penalty on conviction of:
For persons, a maximum fine of $25,000 on a first conviction, and a subsequent
conviction of not more than $10,000 per day or part thereof where the contravention
continues after the day the person was first convicted.
For corporations, the fines are a maximum of $50,000 and a maximum of $25,000 per
day, respectively.
4.5 LICENSES AND PERMITS
Nothing in this Bylaw shall exempt any person from complying with the requirements of any other Bylaw
in force within the Municipality or to obtain any license, permission, permit, authority or approval required
by this or any other Bylaw of the Town unless specifically stated in this Bylaw.
Note: Compliance with this Zoning Bylaw does not mean that a permit can be issued. The
requirements of all applicable law, including but not limiting to, other Municipal bylaws, and of
Provincial and Federal statutes and regulations continue to apply. Examples of this include
requirements of the Nutrient Management Act, the Conservation Authorities Act, the
Environmental Protection Act, the Clean Water Act, the Ontario Water Resources Act, the Public
Transportation and Highway Improvement Act and other laws and regulations
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4.6 CONFLICTING REGULATIONS
Where the requirements of this Bylaw are at variance with the requirements of any other Bylaw,
or where two requirements of this Bylaw conflict with one another, the more restrictive
requirement, or the Bylaw or regulation with the higher standards shall govern and apply.
4.7 WORDS IN SINGULAR AND PLURAL
Unless the contrary intention is indicated, words used in the singular shall include the plural
and words used in the plural shall include the singular.
DRAFT July 2009 5
SECTION 5 DEFINITIONS
DEFINITIONS
In this By-law, unless the context requires otherwise, the following definitions and interpretations
shall apply. Illustrations depicting definitions are provided for clarification and convenience only
and do not form a part of the By-law. The illustrations can be found at the end of this By-law in
the Appendix Section. The inclusion of a definition in this section does not mean that the use is
permitted within any zone. Reference needs to be made to the specific zone to determine
permitted uses and regulations within that zone.
ABATTOIR means a building or structure, designed and used, or part thereof, for the commercial
slaughtering, processing and retailing of products of animals.
ABUTTING means a lot line that has any point in common with another lot line that is not part of a street
line or lane; or where two or more parcels share a common boundary of at least one (1) point or a
building or structure that share a common wall.
ACCESSORY when used to describe a use, building or structure, means a use, building or structure,
which is incidental, subordinate, and exclusively devoted to the main use, building, or structure located on
the same lot and in the same Zone as such use, building or structure and which is not used or intended
for use as human habitation unless permitted by the provisions of certain Zones of this By-law.
ADDITION(S) when used in reference to a seasonal recreational travel trailer, means a structure(s) which
is attached to and used in conjunction with, and may be divided into more than one room.
AERODROME means any area of land, water, including a frozen surface thereof, or other supporting
surface used or designed, prepared, equipped or set apart for use, either in whole or in part for the arrival
or departure, movement, or servicing or aircraft and includes any building, installations and equipment in
connection therewith.
AGGREGATE TRANSFER STATION means an industrial facility where aggregate products are
temporarily stored prior to shipment and may include facilities for the administration or management of
the business and the storage of required equipment, but does not include the retail sale of aggregate
products.
AGRICULTURAL USES means a use of land, building or structure for the purpose of animal husbandry,
raising of livestock and other animals for food, fibre or fur including poultry, bee-keeping, fish, aquaculture
and dairy; the growing of field crops, vegetables, agro-forestry, forestry, fruit farming, sod farming,
greenhouses and horticulture crops, pasturage, fallow, maple syrup production or any other farming use.
Agriculture uses includes the growing, raising, packing, treating, storing, and sale of agricultural products
produced on the premises but does not include an abattoir, a kennel or a rendering plant, commercial
greenhouse and/or nursery or garden centre. Agricultural uses also include associated on-farm building
and structures and accommodation for full time labour when the size and nature of the agricultural
operation requires additional employment. For kennel requirements, local Dog Control By-laws should be
consulted.
AGRICULTURALLY RELATED USE means a small scale commercial or industrial use directly related
to the farm operation and may include such uses as animal husbandry services, produce or feed mill &
elevator, feed and seed warehouse and associated retail outlets.
AGRITAINMENT means the use of land, buildings or structures for the purpose of a `u-pick' fruit and/or
vegetable operation; maple syrup production together with food preparation and service; on-farm winery;
on-farm markets, livestock shows/demonstrations; all of a temporary or seasonal nature, and may include
such things as a corn maze, sleigh rides, and other entertainment. All operations shall consist of a
minimum of 75% on-farm produce but shall not include any other use herein defined.
DRAFT July 2009 6
AGRICULTURE PRODUCE WAREHOUSE shall mean a building or part of a building used for the
storage of agricultural produce and may include facilities for wholesale distribution or an accessory retail
commercial outlet for the sale of such agricultural produce to the general public
AIRPORT means any area of land, water (including frozen surface thereof) or other supporting surface,
used or designed, prepared, equipped or set apart for use either in whole or in part for the arrival and
departure, movement or servicing of aircraft, and includes any buildings, installation and equipment in
connection therewith for which an airport license has been issued by Transport Canada.
AIRCRAFT HANGAR means a building or structure designed and used for the shelter of aircraft.
AIRPORT STRIP means the land area containing one or more runways plus additional graded land on
both sides and both ends of the runway or runways.
ALTER when used in reference to a building, structure, or part thereof, means to change any one or more
of the internal or external dimensions of such building or structure, or to change the type of construction
of the exterior walls or roof thereof, or a change from one type of occupancy to another or a structural
alteration or change there to.
When used in reference to a lot, the word "alter" means a change in use, or a decrease or increase in the
width, depth, or area thereof or to decrease or increase the width, depth, or area of any required yard,
building setback, landscaped area 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.
AMUSEMENT RIDE shall mean a device or a combination of devices designed or intended to entertain
and amuse people by physically moving them.
ANAEROBIC DIGESTER means an enclosed vessel in which microorganisms break down organic
materials (e.g. manure and other organic materials), in the absence of oxygen, resulting in the production
of biogases, consisting primarily of methane and carbon dioxide. The Minimum Distance Separation
Formulae is to be applied to on-farm anaerobic digesters, which utilize manure as an input. An on-farm
anaerobic digester may include a co-substrate input tank fitted with a tight cover, in which permitted off-
farm non-agricultural source materials are temporarily stored before feeding into the anaerobic digester.
ANTIQUE STORE/MARKET means the use of land, buildings or structures for the sale of old and
authentic objects of personal property which has a unique appeal and enhanced value mainly because of
its age, or because of public demand, has attained value in a recognized commercial market which is in
excess of its original value.
ARCADE means a place of business where an individual, association, partnership or Corporation
maintains three or more coin-operated machines for public use such as pinball machines, video games or
other similar player-operated amusement devices.
ART GALLERY means a use, building or structure where paintings, sculptures or other works of art are
exhibited or sold.
ARTISANS MARKET means the use of a building or structure or part thereof as the workplace of a
photographer, craftsperson or artist and may include the display and sale of their products along with
accessory items.
ASPHALT OR CONCRETE PLANT means an industrial facility that has equipment designed to heat and
dry aggregate and to mix mineral aggregate with bituminous asphalt, concrete and concrete products
and/or other similar materials, and includes stockpiling and storage of bulk materials used in the process
or finished products manufactured on the premises and the storage and maintenance of equipment, but
does not include the retail sale of finished asphalt or concrete products
ASPHALT PLANT, TEMPORARY PORTABLE means a facility that meets all of the following:
DRAFT July 2009 7
a) Has equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt
to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in
the process;
b) Is not of permanent construction, but is designed to be dismantled and moved to another location
as required; and,
c) Is associated with a specific contract for work undertaken by or on behalf of a public road
authority.
ATTACHED means a building or structure otherwise complete in itself, which depends upon a division
wall or shared common wall with an adjacent building or structure for structural support or complete
enclosure.
ATTIC see STOREY.
AUCTION shall mean the offering for sale of new and used goods by means of a request or invitation for
bids, but does not include retail sales.
AUTOMOTIVE BODY REPAIR SHOP means a building or other structure where repairs to and/or
bodywork, painting of or reconditioning of motor vehicles is carried on, but does not include an automotive
sales establishment, an automotive service station, or salvage or wrecking and recycling yard.
AUTOMOTIVE SALES AND SERVICE ESTABLISHMENT means a lot, building or structure used for the
display and sale of new or new and used motor vehicles and may include the servicing, repair, cleaning,
polishing, and lubrication of motor vehicles; the sale of automotive accessories and related products; and
the leasing or renting of motor vehicles.
AUTOMOTIVE SERVICE STATION means a lot, building or other structure where goods are sold and/or
services and repairs are provided, which are essential to the operation of motor vehicles, but does not
include a retail store, automotive body repair shop, automotive sales establishment nor an automotive
washing establishment as defined in this By-law. The incidental sale of refreshments to the traveling
public may be permitted.
AUTOMOTIVE USE means an automotive service station, an automotive body repair shop, an
automotive sales establishment or an automotive washing establishment as defined in this By-law.
AUTOMOTIVE WASHING ESTABLISHMENT means a building or structure used for the washing or
cleaning of motor vehicles by automatic or self-serve washing equipment.
BAKERY means the use of land, buildings or structures for producing, mixing, compounding or baking
bread, biscuits, ice cream cones, cakes, pies, buns, or any other bakery product of which flour or meal is
the main ingredient, but does not include a restaurant or other premises where any such product is made
for consumption on the premises and does not include a bake shop.
BAKESHOP means a retail store where baked goods, which may be consumed on or off the premises
are offered for sale. Incidental baking of products for retail sale may be permitted in association with a
bakeshop.
BANQUET HALL means a building, or part thereof, in which facilities are provided for such purposes as
the gathering together of, entertaining or catering to a large group of people for functions such as
meetings, charitable events, civic, cultural, educational, political, religious, or social purposes.
BASEMENT see STOREY.
BED AND BREAKFAST ESTABLISHMENT means a single detached residential dwelling in which the
proprietor resides and supplies furnished rooms and may serve breakfast on a temporary basis to
overnight guests for monetary gain. It does not include a restaurant, hotel, motel, motor hotel, and
DRAFT July 2009 8
boarding, lodging or rooming establishment or any other form of residential dwelling as defined by this By-
law.
BOARDING, LODGING OR ROOMING ESTABLISHMENT means a dwelling where rooms are regularly
let, with or without the provision of meals, for a consideration to three or more persons, other than the
owner, lessee or tenant of the dwelling.
BREWERY means a facility for the production and packaging of malt beverages of low alcoholic content
for distribution, retail or wholesale, on or off premises, with a capacity of not more than 15,000 barrels per
year. The development may include other uses such as a standard restaurant and retail store.
BUFFER AREA OR STRIP means a landscaped area intended to obstruct or reduce the noise, lighting
glare, unsightly views or any other nuisance of one land use or property onto another and may include
such screening features as a continuous row of trees or hedge row of evergreens or shrubs, a berm, a
wall, or an opaque fence.
BUILDING shall mean:
a) A structure occupying an area greater than ten square metres consisting of a wall, roof and floor or
any of them or a structural system serving the function thereof including all plumbing, works, fixtures
and service systems appurtenant thereto,
b) A structure occupying an area of ten square metres or less that contains plumbing, including the
plumbing appurtenant thereto,
c) Plumbing not located in a structure,
d) A sewage system; or
e) Structures designated in the building code.
BUILDING AREA means the greatest horizontal area of a building above finished grade within the
outside surface of exterior walls and the centre line of firewalls.
BUILDING INSPECTOR means a person appointed by the municipality, who is charged with enforcing
the provisions of the Building Code, Building By-law, Zoning By-law and other local by-laws, as required.
BUILDING, MAIN means a building designated or used for the principal use of the lot.
BUILDING OFFICIAL, CHIEF means a person appointed or constituted by the Council of a Municipality
who is charged with the duty of enforcing the provisions of the Ontario Building Code, the Building By-law,
the Zoning By-law and other local by-laws, as may be amended.
BUILDING SETBACK means the least horizontal distance permitted by this By-law as measured
between a lot line of a lot and the nearest portion of any building, structure or open storage area.
BUILDING SUPPLY OUTLET means a building, structure or parts thereof where building, construction or
other home improvement materials are stored for the purpose of wholesale or retail and may include
accessory facilities for the cutting of the finished lumber products.
BULK FUEL DEPOT means the use of land, building or structures or parts thereof for the bulk surface or
underground storage of propane, petroleum products, chemicals, gases or similar products and may
include the distribution of same.
BULK SALES ESTABLISHMENT means a building or structure used for the sale of goods in bulk form,
and includes the storage and display of such goods.
BUSINESS OR PROFESSIONAL OFFICE means a building, structure or parts thereof in which one or
more persons are employed in the management, direction or conducting of a business, or where
professionally qualified persons and their staff serve clients or patients who seek advice, consultation or
treatment and may include the administrative offices of a not for profit or charitable organization.
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BUS DEPOT means the use of land, building or structures for the transient housing and parking of buses,
and the boarding and de-boarding of passengers, and may include accessory uses such as ticket offices,
luggage checking, rest areas and similar uses.
CANOPY means a roof that is free of enclosing walls over an entrance to a building, structure or gasoline
pump island/kiosk.
CAMPGROUND means a public or privately operated facility offering overnight to seasonal camping
experiences from tent sites to serviced trailer sites for recreational trailers, park model trailers and
seasonal recreational travel trailers, including accessory administrative offices, recreational trailer sales
and services establishment, convenience store, laundry facilities, sanitary facilities, recreational hall and
associated recreational uses, that cater to short-term guests, not to year round residents, whose
accommodation is a tent, tent trailer, park model trailer, recreational trailer, and/or a seasonal recreational
travel trailer or motor home as defined herein.
CARPORT means a building or structure with a roof and not more than two walls, or a roof supported by
columns or piers, attached to a residential dwelling, which is used for the temporary parking of passenger
motor vehicles.
CATERER'S ESTABLISHMENT means a building, structure or parts thereof in which food products and
beverages are prepared for consumption off the premises and are not served to customers on the
premises or for take out.
CELLAR see STOREY.
CEMETERY means land set aside to be used for the interment of human remains and includes a
columbarium, mausoleum or other structure intended for the interment of human remains.
CENTRE LINE as used in this By-law with reference to a street or highway shall mean a line drawn
parallel to and equidistant from the limits of a road allowance as originally laid out prior to any subsequent
road widening.
CLINIC, MEDICAL means a building or part thereof used by qualified physicians, dentists, osteopaths, or
other drugless practitioners, including their staff and patients, for the purpose of consultation, diagnosis
and office treatment. A medical clinic may include accessory uses such as waiting and treatment rooms,
laboratories, dispensaries and administrative offices. A medical clinic does not include accommodation
for overnight patient care or operating room facilities.
CLINIC, VETERINARIAN means a building, structure or parts thereof where one or more registered
veterinarian surgeons including associated staff provide examinations and surgical or medical treatment
to domestic pets, animals or livestock, and may include treatment rooms, laboratories, dispensaries and
associated office. Facilities for the overnight care of animals undergoing treatment may be permitted
indoors and is considered incidental to the hospital use. A kennel is not permitted in association with a
Veterinarian Clinic.
CLUB, COMMERCIAL means any club other than a "private club".
CLUB, PRIVATE means a building or part of a building used as a meeting place for members of a
chartered organization, not operated for profit, and may include a lodge, a service club, and a fraternal
organization.
COLD STORAGE WAREHOUSE means a building or structure, or part thereof, where bulk chilled or
frozen foodstuffs, such as meats, poultry, fish and vegetables are stored, displayed and offered for sale in
bulk within chilled or frozen compartments.
COMMERCIAL GREENHOUSE AND/OR NURSERY means the use of land, buildings or structures for
the growing and/or storing of flowers, fruit trees, ornamental trees, vegetable plants, shrubs, trees and
similar vegetation for the purpose of transplanting, for use as stock or grafting, and includes the retail sale
DRAFT July 2009 10
or wholesale distribution of such items directly from the premises/lot including the sale of associated items
such as soil, mulch, planting mediums, fertilizers and similar materials.
COMMERCIAL USE means the use of land, building or structure for the purpose of buying and selling
commodities, and supplying of services as distinguished from industrial uses as defined in this By-law.
COMMERCIAL SCHOOL OR STUDIO means a building, structure, or parts thereof where instruction is
given for gain, but without limiting the generality of the foregoing, includes a school of fine art, dance,
music, business, trade, vehicle driving and martial arts.
COMMUNITY CENTRE means the use of land, buildings, or structures for community activities of a
social, cultural or recreational nature and operated on a non-profit basis by the municipality, local board or
agency thereof, but does not include any use specifically defined in this By-law.
COMPANION ANIMAL OFFICE means a building or part of a building wherein the diagnosis or
consultation of small domestic animals and pets by a register veterinarian is conducted and may include
treatment rooms, laboratories, dispensaries, offices and facilities for a pet groomer but does not include
facilities for the overnight care of animals undergoing treatment, general anaesthesia, surgery or x-ray
facilities or guard dog training.
CONSERVATION means uses and use of land complementary to and compatible with the wise
management, stewardship, protection and preservation of the natural environment, along with any of its
significant biophysical features and ecological functions. Conservation may include uses such as
reforestation, forest management, fish and wildlife management, erosion control and flood control.
CONSERVATION AREA means an area of land owned by a public authority and managed for the
purposes of preserving and improving the natural features of the environment.
CONSTRUCT means to build, place, erect, reconstruct, relocate, or alter by means of an addition,
enlargement or extension, or structural change; and includes any preliminary physical operation
preparatory to such work including, but not limited to, excavating, filling, grading or drainage; and any
work which requires a building permit. Constructed and construction have corresponding meanings.
CONTRACTOR'S YARD means uses, buildings or structures or parts thereof used for the storage of
building and construction materials including the storage and maintenance of heavy machinery or
equipment such as cranes, ploughs, tractors and road making equipment; and may include facilities for
the administration or management of the business, but does not include wholesale or retail sale of
building or home improvement supplies.
CONVENIENCE STORE means an establishment where foodstuffs, tobacco, patent medicines,
periodical/newspapers, stationary, sundries, hardware and other similar items of household convenience
are kept for sale to the public.
COUNCIL means the Council of the Corporation of the Town of South Bruce Peninsula.
COUNTY means the Corporation of the County of Bruce
COURT when used to describe an architectural element, means an open and uncovered space
appurtenant to any building and bounded by at least two walls of the building or buildings on the lot.
CRAWL SPACE see STOREY.
CREMATORIUM means a building structure or part thereof fitted with the appliances for the purpose of
cremating human remains, and includes everything incidental or ancillary thereto.
CULTURAL ENTERTAINMENT FACILITY means a building, structure or part thereof designed or utilized
for presentation to the public of live theatre or dance performances, musical concerts, cinemas, lectures,
exhibits, various forms of art, exhibits of a cultural, academic or scientific nature and are not characterized
by any emphasis on specific anatomical areas or sexual activities.
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CUSTOM WORKSHOP means a building, structure or part thereof, which is used by a trade, craft or guild
for the manufacture, of small quantities, of made-to-measure clothes or articles and includes upholstering
but does not include woodworking or furniture manufacture, or any other factory or shop production
otherwise defined in this By-law. For the purposes of this By-law, a "custom workshop" is not a home
occupation as defined by this By-law.
DAY LIGHTING (SIGHT) TRIANGLE means an area on a corner lot, which is free of buildings,
structures, or other features, including natural features, which may obstruct the vision of drivers and
vehicles. Day lighting triangle is determined by measuring, from the point of intersection of the street
lines on a corner lot, the distance required by this By-law along each such street line and joining such
points with a straight line. The triangular shaped land between the intersecting street lines and the
straight line joining the points the required distance along the street lines forms the Day Lighting Triangle.
DAY NURSERY means a use, building or structure, or parts thereof duly licensed by the Province of
Ontario pursuant to The Day Nurseries Act, as amended. This definition does not include private home
day care as defined elsewhere in this By-law.
DORMITORY means a building or part of a building operated by an institution and containing a room or
rooms forming one or more habitable units which are used or intended to be used by residents of the
institution for living and sleeping, but not for cooking.
DECK means a structure abutting or attached to a dwelling with no roof, canopy or walls except for visual
partitions and railings that are constructed on piers or a foundation above finished grade for use as
outdoor living space.
DRY CLEANING DEPOT means a building or part thereof used for the purposes of receiving and
distributing articles or apparel to be dry-cleaned or otherwise treated elsewhere.
DRY CLEANING/LAUNDRY PLANT means a building or part thereof used for the purpose of dry-
cleaning, cleaning, dyeing, pressing or other similar treatment of articles or apparel and may include a dry
cleaning depot for receiving and distributing said articles.
DRY INDUSTRIAL/COMMERCIAL USES means those uses in which only the disposal of the domestic
waste of employees is permitted and treated. No industrial liquid wastes, was or cooling or process
wastes are permitted (MOE).
DWELLING see RESIDENTIAL DWELLING,
DWELLING UNIT see RESIDENTIAL DWELLING UNIT,
EQUESTRIAN CENTRE means the use of lands, buildings or structures for the boarding of horses, the
training of horses and riders, and the staging of equestrian events, but does not include the racing of
horses.
EQUIPMENT SALES, RENTAL AND LEASING OUTLET means the use of land, buildings or structures
for the sales, rental or leasing of tools and equipment used in the construction or repair of buildings and
includes the storage of same on the property.
EROSION CONTROL means land use practices or structures necessary for the reduction or prevention
of soil erosion.
EXISTING shall mean "legally" existing on the date of the passing of this By-law.
FACTORY OUTLET means a building or part thereof where products manufactured by a permitted
industrial use are kept for wholesale or retail sale.
DRAFT July 2009 12
FAIRGROUNDS means the use of land, buildings or structures for the purpose of holding agricultural
fairs where farm produce is displayed for judging and sale, and includes exhibit areas, livestock shows,
horse shows and events, and where other sports events may be held, and may include associated uses
such as a midway or places of amusement, bleachers, bandstand areas, and picnic areas. On occasion,
fairgrounds may be used for auctions, flea markets, concession stands, temporary overnight
accommodations and cultural events.
FARM means a parcel of land, which the predominant activity is agricultural and includes associated
buildings and structures such as residential dwellings, livestock facilities, farm implement structures,
silo's, granaries and similar buildings and structures.
FARM BUILDING CLUSTER means the close grouping of the main buildings and structures on a farm
contained within a limited area so that the remaining land is used for agriculture. Buildings and structures
within the cluster shall share a common driveway.
FARM IMPLEMENT SALES AND SERVICE means the use of land, buildings or structures for the sale,
storage and repair of agricultural implements, equipment and machinery that are directly associated with
the operation of a farm and may include the sale of accessory items.
FARMER'S MARKET means the use of land, buildings, structures or parts thereof for the purpose of
selling seasonal fresh produce by independent vendors.
FARM SUPPLY OUTLET means a building or part thereof in which goods, wares, merchandise,
substances, articles or things including, processing and storage of seed, feed, fertilizer and chemical
products, animal and poultry health and breeding services and seed are offered or kept for sale by retail
directly to the surrounding rural community.
FEED MILL AND ELEVATOR means a building or structure that is designed to store any type of grain,
field or row crop and may include a cleaning and drying facility, scales, and an administration building.
FINANCIAL OFFICE means the premises of a bank, credit union, trust company, finance company, loan
or mortgage company, investment firm or financial consultants.
FINISHED GRADE means the average elevation of the finished surface of the ground as measured at
ground level on any side of a building or structure.
FISH AND WILDLIFE MANAGEMENT means the management of species native to the immediate area.
This may include stream enhancement, planting of browse or shelter species, nesting boxes, nesting
islands, ponds, dugouts and den trees.
FITNESS CLUB means a building in which facilities are provided for recreational athletic activities
including but not limited to body-building and exercise classes and shall include associated facilities such
as a sauna, sanitary facilities and solarium.
FLEA MARKET means an occasional or periodic sales activity where groups of individual vendors offer
goods, new and used, for sale to the public. This does not include private garage sales.
FLOOD CONTROL means land use practices or structures deemed necessary by the Conservation
Authority for the reduction or prevention of flooding.
FLOOD FRINGE means that portion of the floodplain located between the floodway and the limit of the
Regional Storm Flood Event.
FLOODPLAIN means an area of land, usually low lands, adjoining a watercourse that has potential to be
covered by floodwater during a Regional Storm Event.
FLOOD PROOFING means a combination of structural changes and/or adjustments that are incorporated
into the basic design and construction or alteration of buildings, structures or properties that are subject to
flooding in order to reduce or eliminate possible flood damages.
DRAFT July 2009 13
FLOODWAY means the channel of a watercourse and that area of the floodplain required to pass deep,
fast flowing flood waters such that it may pose a potential threat to life and damage to property. The
Conservation Authority will determine the limits of the floodway.
FLOOR AREA with reference to a building or structure, means the total floor area within a building or
structure, which area is measured between the exterior faces of the exterior walls or from the centre line
of a common or party wall, but excluding any private garage, breezeway, porch, veranda, balcony, sun
room, attic, basement or cellar.
FLOOR AREA, GROUND means that area of a lot covered or intended to be covered by the main
building(s) on the lot, exclusive of porches, decks, accessory buildings, terraces, steps, indoor parking
areas and normal building projections.
FLOOR AREA, GROSS in the case of a residential dwelling, means the total area of all year-round
habitable rooms located above finished grade and measured between the exterior faces of the exterior
walls, but does not include garages, breezeways, and unenclosed porches, sunrooms and verandas. In
the case of a building other than a residential dwelling, means the aggregate of the area of all floors
devoted to retail sales, customer service and office use, industrial uses, recreational uses, institutional
uses, as measured from the exterior faces or the exterior walls but not including mezzanine areas,
mechanical rooms, common halls, stairwells, garbage and electrical rooms and parking structures.
FLOOR AREA, RETAIL means the floor area of a commercial building devoted to retail purposes.
FOREST MANAGEMENT means the management of forest resources for the production of a wide range
of values including wood fibre production, erosion control, fish and wildlife habitat, rare species habitat,
passive recreation, visual amenity, and education and research. This shall not include a permanent on-
site sawmill.
FORESTRY means the management and care of trees and the harvesting of them or parts thereof for
commercial purposes through proper forest management practices, and without limiting the generality of
the foregoing includes the use of a portable saw mill provided the raw material being milled originate on
the same parcel of land the mill is operating.
FUNERAL HOME means a building or part thereof used for the purpose of furnishing funeral supplies
and services to the public and includes facilities intended for the preparation of the dead human body for
internment or cremation
GARAGE, PRIVATE means an accessory building or that part of a main building used for the temporary
parking of a private motor vehicle(s) of the owner, tenant(s), occupant(s) of the lot upon which such
garage is located but does not include a carport.
GARAGE, PUBLIC shall mean a municipal, county or provincial facility used for the storage and servicing
of road construction and maintenance equipment and materials.
GARDEN CENTRE means the use of land, buildings, structures, or parts thereof for the purpose of
buying or selling lawn and garden equipment, plants, furnishings and supplies.
GARDEN SUITE (i.e. Granny Flat), means a one-unit detached residential dwelling containing bathroom
and kitchen facilities that is accessory to an existing single detached residential dwelling and can be
designed to be portable. A garden suite is intended to serve the "temporary" needs of physically or
mentally challenged adult, children or elderly parents. As a condition of approval, an agreement with the
Town may be required.
GAS BAR means one or more fuel pump islands, each consisting of one or more fuel pumps, which may
include a canopy/kiosk and which may be used for the sale of automotive fluids and small accessories for
motor vehicles but shall not be used for repairs, oil changes, or greasing.
DRAFT July 2009 14
GOLF COURSE means the use of land, buildings and structures for the purpose of playing golf and may
include a clubhouse, pro shop, restaurant, driving range(s), putting greens.
GOLF COURSE, MINIATURE means the use of land, buildings and structures as a commercial place of
amusement in which facilities are provided to simulate the game of golf or any aspect of the game on a
small scale, but does not include a golf course or golf driving range.
GOLF DRIVING RANGE means a public or private area operated for the purpose of developing golfing
techniques but does not include a golf course or miniature golf course.
GREENHOUSE means the use of land, buildings or structures for the growing of flowers, plants, shrubs,
trees and similar vegetation, which may be transplanted outdoors on the same lot, and /or used as stocks
for building or grafting.
GROUP HOME means a residential dwelling for the physically or developmentally challenged persons,
children's residences, licensed or approved under provincial statues and operated as a single
housekeeping unit in which residents, excluding supervisory staff or receiving family, live under
responsible supervision consistent with the requirements of its' residents.
GROUP HOME, TYPE ONE shall mean a single housekeeping unit in a residential dwelling in which up
to five (5) residents with special care needs, such as seniors, individuals who are developmentally or
physically handicapped or mentally ill individuals live under responsible supervision consistent with the
requirements of its residents. "Residents" do not include staff or the receiving family. A group home is
licensed and/or funded under Federal or Provincial Statute and in compliance with Municipal By-laws.
GROUP HOME, TYPE TWO shall mean a single housekeeping unit in a residential dwelling in which six
(6) or more residents with special care needs, such as seniors, individuals who are developmentally or
physically handicapped or mentally ill individuals live under responsible supervision consistent with the
requirements of its residents. "Residents" do not include staff or the receiving family. A type two group
home is licensed and/or funded under Federal or Provincial Statute and in compliance with Municipal By-
laws.
GROUP HOME, TYPE THREE shall mean a single housekeeping unit in a residential dwelling in which
up to ten (10) or more residents with special needs, such as half way houses for ex offenders or
individuals undergoing substance abuse, reside on a short term basis under responsible supervision
consistent with the requirements of its residents. "Residents" do not include staff or the receiving family.
A type three group home is licensed and/or funded under Federal or Provincial Statute and in compliance
with Municipal By-laws.
GUEST CABIN means an accessory detached building or structure to a maximum of one storey in height
without kitchen and/or washroom facilities and maintained for the accommodation of non-paying guests
having a maximum ground floor area of 23.2 m2 (249.7 ft2).
HABITABLE ROOM means a room, located within a residential dwelling unit, designed for living,
sleeping, eating or sanitary facilities and can be used at all times throughout the year. A habitable room
shall not be located within a cellar. A habitable room does not include any room specifically defined
herein as a non-habitable room.
HAZARDOUS SUBSTANCES means any substance, which individually or in combination with other
substances is normally considered to pose a danger to public health, safety and the environment and
may include substances that are toxic, ignitable, corrosive, reactive, radioactive or pathological.
HEAVY EQUIPMENT SALES AND RENTAL means the use of land, buildings or structures in which
heavy machinery and equipment are offered or kept for sale, rent, lease or hire directly from said lot.
HEIGHT or BUILDING HEIGHT when used in reference to a building or structure, means the vertical
dimension of a building or structure measured from the centre front elevation of the finished grade to, in
the case of a flat roof, the highest point of the roof surface or parapet wall, whichever is higher. A one-
slope roof having a slope of less than 20 degrees from the horizontal shall be considered a flat roof for
DRAFT July 2009 15
the purposes of this By-law; in the case of a mansard roof, the deck roof line; in the case of a gabled, hip,
gambrel or other type of pitched roof, the average height between the eaves and ridge; in the case of a
structure not having a roof, the top part of such structure; in the case of a structure having a rounded roof,
two-thirds (2/3) of the average height of the structure; where a combustible exterior wall extends above
the top of the roof of a building, the topmost part of such exterior wall. A false boomtown front shall be
considered as part of the roof for the purpose of measuring height. Any ornamental feature such as a
dome, chimney, tower, cupola, steeple, church spire; or a structure used for the mechanical operation of
building such as a mechanical penthouse, and may include a solar collector, water storage tank, electrical
apparatus, television antennae, satellite dish.
HIGHWATER MARK means the mark made by the action of water under natural conditions on the shore
or bank of a body of water, which action has been so common and usual and so long continued that it has
created a difference between the character of the vegetation or soil on one side of the mark and the
character of the vegetation or soil on the other side of the mark.
HOME FOR THE AGED, REST means a "home" as defined under The Homes for the Aged and Rest
Homes Act, as amended. The Act specifies that a "home for the aged" is generally for persons over the
age of 60 and that a "rest home" is generally for persons over the age of 18. It does not include a
"Nursing Home" as defined elsewhere in this By-law.
HOME OCCUPATION means an occupation or business, which is conducted for gain or profit as a
secondary use within a permitted residential dwelling or residential dwelling unit. A home occupation
may include a profession or occupation such as an accountant, architect, auditor, engineer, realtor,
insurance agent, planner, lawyer, doctor, dentist; a personal service such as a barber, hairdresser,
beautician, seamstress, dressmaker, photographer, pet groomer, caterer's establishment, and similar
occupations or businesses.
HOME INDUSTRY means an occupation or business conducted for gain or profit as a secondary use to
the permitted agricultural or rural use or rural residential use A home industry may include: a carpentry
shop, welding shop, plumbing shop, electrical shop, small machinery repair shop.
HOSPITAL means a hospital as defined in The Private Hospitals Act, as amended from time to time.
HOTEL means a building, part of a building, or a group of buildings used for gain or profit for the
purposes of catering to the needs of the traveling public by supplying them with sleeping accommodation,
with or without meals, but without private cooking facilities with a minimum of 6 guest rooms, and further
provided that each guest room shall only be entered from the interior of the building. Without limiting the
generality thereof, a hotel may include accessory uses such as dining, dancing, convention, parking and
recreational. A hotel does not include a boarding, lodging or rooming establishment, bed and breakfast
establishment or a motel or motor hotel.
INDUSTRY, DRY means an industry, which by nature of its operation, process, or fabrication of raw
materials or services rendered does not require a significant water supply and does not produce
wastewater as part of the industrial process.
INDUSTRIAL MALL means a building or a group of buildings designed, developed, owned and managed
as a unit in which separate spaces are leased or occupied by permitted industrial uses. No more than 30
percent of the gross floor area of an industrial mall shall be devoted to accessory office or related
commercial uses.
INDUSTRIAL USE means, without limiting the generality thereof, the manufacturing, assembling, making,
producing, preparing, inspecting, grading, ornamenting, finishing, treating, cleaning, washing, altering,
repairing, restoring, processing, polishing, refinishing, packing, adapting for sale, warehousing, storing,
breaking up or demolishing of goods, substances, articles or things or any part or parts there of; or the
production or storage of building or construction equipment or materials.
INSTITUTIONAL USE means the use of land, buildings or other structures operated by a group,
organization or society for the promotion of a public, social, scientific, educational or similar purpose, and
includes libraries, museums, etc
DRAFT July 2009 16
JUNK YARD means any parcel of land, building or structure for which the principal or accessory use is
the abandonment, collection, demolition, dismantlement, keeping, storage, salvage or sale of used,
discarded, worn out or scrapped machinery, motor vehicles, vehicle parts, scrap metal, chains, used
pipes, waste paper, rags enamelware, furniture, bottles, cans, rope, iron, copper or any other scrap or
discarded materials.
KENNEL means a place where dogs or other household pets other than poultry are bred and raised
and/or sold or kept for sale or boarded.
LANDFILL means the use of land, licensed by the Ministry of the Environment, upon, into, or through
which waste is deposited, processed, treated, and covered under controlled conditions and includes land,
which is being used for a leachate buffer area and or gas buffer area.
LAND LEASE COMMUNITY HOME means any residential dwelling that is a permanent structure where
the owner of the residential dwelling leases the land used or intended for use as the site for the residential
dwelling. Such dwelling may be modular, prefabricated or traditionally constructed but does not include a
mobile home.
LAND LEASE COMMUNITY HOME SITE shall mean the area of land within a Land Lease Community
that is leased for the purposes of locating a land lease community home.
LANDSCAPED AREA means an open space area comprised of lawn, flowers, shrubs, trees or other
natural vegetation. This area may include space occupied by paths, courtyards and patios, but shall not
include loading spaces or parking areas, traffic aisles, driveways, ramps, or outdoors storage areas.
LANE means a walkway, emergency access or any other passageway or right-of-way, other than a
street, which is open from ground to sky and provides a secondary means of access to abutting lots, and
which is not intended for general traffic circulation, but is dedicated to public use, or legally dedicated as a
right-of-way for use in common by adjacent land owners.
LAUNDROMAT means a building or part thereof, where self-serve coin operated clothes washing
equipment are located and may contain one or more washers, dryers or other incidental equipment.
LIBRARY means a library, branch library or library distributing station that is approved under The Public
Libraries Act, as amended.
LINE OF OCCUPATION means the established setback of buildings from a municipal roadway.
LIVESTOCK a type of domestic animal kept on a farm for use on the farm, for propagation, for profit or for
gain, and without limiting the generality thereof, may include dairy, beef and veal cattle, horses, swine,
sheep, goats, mink, rabbits, poultry and fowl.
LIVESTOCK FACILITY means one or more barns or permanent structures with livestock-occupied
portions, intended for keeping or housing of livestock. A Livestock Facility also includes all manure or
material storage and anaerobic digesters.
LIVESTOCK HOUSING CAPACITY means the maximum Livestock capacity for all facilities on a lot at
any time, even if currently empty but able to house Livestock.
LIVESTOCK OCCUPIED PORTION for the purposes of Minimum Distance Separation guideline
calculations means those parts of Livestock Facilities where Livestock spend the majority of their time,
allowing substantial amounts of manure to accumulate, but does not include feed preparation rooms,
milking centres, offices, washrooms, riding arenas, Livestock loading chutes, or Livestock assembly
areas.
LOADING SPACE means an off-street space on the same lot with a building or on a lot contiguous to a
building or group of buildings, which is used, for the temporary parking of a commercial vehicle while
loading or unloading of merchandise or materials.
DRAFT July 2009 17
LODGE means a tourist establishment containing five (5) or more guest rooms for the purpose of catering
to the needs of the traveling public by supplying furnishings, sleeping accommodations, recreation and
leisure facilities, staff accommodations and which may additionally include eating facilities
LOT means a parcel or tract of land
a) Which is a whole lot as shown on a Registered Plan of Subdivision, but a Registered Plan of Sub-
division for the purposes of this paragraph does not include a Registered Plan of Subdivision which
has been deemed not to be a Registered Plan of Subdivision under a by-law passed pursuant to The
Planning Act, as amended; or
ii) Is a separate parcel of land without any abutting lands being owned by the same
owner or owners; or
iii) The description of which is the same as in a deed which has been given consent
pursuant to The Planning Act, as amended; or
iv) Is the whole remnant remaining to an owner or owners after a conveyance made
with consent to The Planning Act, as amended.
b) For the purpose of this subsection, no parcel or tract of land ceases to be a lot by reason
only of the fact that a part or parts of it has or have been conveyed to or acquired by the Municipality,
the Town of South Bruce Peninsula, Her Majesty in the Right of Ontario, Her Majesty in the Right of
Canada, the County of Bruce, the Grey Sauble Conservation Authority or Hydro One.
LOT AREA means the horizontal area within the boundary lines of a lot.
LOT, CORNER means a lot situated at the intersection of and abutting upon two or more streets; or
abutting on two or more parts of the same street, the sides of which street (in the case of a curved corner,
the tangents at the street extremities of the side lot lines) contain an interior angle of less than one
hundred and thirty-five degrees (135 degrees). In the case of a curved corner, the corner of the lot shall
be deemed to be the point of the street line nearest the point of intersection of the said tangents.
LOT COVERAGE means the percentage of the total lot area covered by all building(s) and structure(s),
including accessory buildings and structure(s), which are located on or above ground level.
LOT DEPTH means the horizontal distance between the front and rear lot lines.
a) When the front and rear lot lines are not parallel, depth is determined by the length of a straight line
joining the middle of the front lot line with the middle of the rear lot line.
b) When there is no rear lot line, depth is determined by 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.
LOT FRONTAGE means the horizontal distance between the side lot lines measured along the front lot
line, but where the front lot line is not a straight line or where the side lot lines are not parallel, the lot
frontage is to be measured by a line 9.0 m (30.0 ft) back from and parallel to the chord of the lot frontage,
and for the purpose of this paragraph the chord of the lot frontage is a straight line joining the two points
where the side lot lines intersect the front lot line.
LOT, THROUGH means a lot line other than a corner lot having separate frontages on two streets.
LOT LINE means any line defining the boundary of a lot.
LOT LINE, FRONT means:
a) The line that divides the lot from the street; or,
b) In the case of a Corner Lot, the shorter street line shall be deemed to be
the front lot line and the longer line shall be deemed to be the exterior side lot line; or in the case
DRAFT July 2009 18
of a Corner Lot with two equal lot lines either street line may be designated as the Front Lot Line;
or,
c) In the case of a Through Lot, the shorter street line shall be deemed to
be the front lot line and the longer line shall be deemed to be the rear lot line; or in the case of a
Through Lot with two equal lot lines either street line may be designated as the Front Lot Line, or,
d) Where the lot does not abut a street, the front lot line" shall be determined to be the boundary of
the lot closest to the street from which access to the lot is gained.
LOT LINE, REAR means the lot line farthest from and opposite to the front lot line. Where a lot has less
than four (4) lot lines, there shall be no rear lot line.
LOT LINE, SIDE means a lot line other than a front or a rear lot line
LOT LINE, EXTERIOR SIDE means a side lot line that is also a street line
LOT LINE, INTERIOR SIDE means any side lot line other than an exterior side lot line.
LOT, WATERFRONT shall mean a parcel of land with frontage on a watercourse.
LOT, WATER (WATER LOT) means a lot covered by water which may be either contiguous or attached
to dry land, or may be separated entirely from dry land. A water lot may be filled, partially filled or not
filled.
MANURE OR MATERIAL STORAGE means a permanent storage(s), which may or may not be
associated with a livestock facility containing liquid manure (<18% dry matter), solid manure ( 18% dry
matter), or digestate. Permanent storages may come in a variety of:
locations (under, within, nearby, or remote from barn);
materials (concrete, earthen, steel, wood);
coverings (open top, roof, tarp1 or other materials);
configurations and shapes; and
elevations (above, below or partially above grade).
MAIN BUILDING means the building designed or used for the principal use on a lot.
MAIN USE means uses, buildings, structures or parts thereof, which constitute the principal use(s) of a lot
and which is specifically listed as a permitted use by this By-law. An accessory use or home occupation/
home industry shall not constitute the main use of a lot.
MAIN WALL means an exterior front, side, or rear wall of a building, and all structural members essential
to the support of a fully enclosed space or roof.
MARINA means a building, structure or place, containing docking facilities and located on a navigable
waterway, where boats and boat accessories are stored, serviced, repaired or kept for sale and where
facilities for the sale of marine fuels and lubricants may be provided. A marina building or structure used
for the storage, repair and sales of boats does not have to be located on a navigable waterway.
MARINE, RECREATION AND SMALL ENGINE ESTABLISHMENTS mean a building and/or lot used for
the display, sale, storage, servicing, repair, cleaning, polishing and lubricating of boats, motorcycles,
snowmobiles, ATV's, lawn care equipment, marine engines and related products, or the leasing or renting
of any of the above.
MAUSOLEUM means a building or structure or part thereof, other than a columbarium, used as a place
of interment of human remains in sealed crypts or compartments.
METEOROLOGICAL TOWER means a free standing tower, pole, mast or removable mast, that supports
instruments for measuring meteorological properties such as wind velocity, wind direction, vertical wind
speed, solar radiation, temperature, etc.
DRAFT July 2009 19
MINERAL AGGREGATE OPERATION means lands under license or permit, other than for wayside pits
and quarries, issued in accordance with the Aggregate Resources Act, or successors thereto.
MINIMUM DISTANCE SEPARATION FORMULA means a formula developed by the Province of Ontario
to separate uses so as to reduce incompatibility concerns about odour from livestock facilities.
MINI-STORAGE FACILITY means a building containing separate, individual self-storage units divided
from floor to ceiling by a wall with an independent entrance from the exterior of the building, designed to
be rented or leased on a short-term basis to the general public for private storage of personal goods,
materials and equipment; but shall not include the storage of hazardous chemicals, flammable
substances or toxic materials.
MOBILE HOME means any dwelling that is designed to be made mobile, and constructed or
manufactured to provide a permanent residence for one or more persons, but does not include a
recreational travel trailer or tent trailer or trailer otherwise designed.
MOBILE HOME PARK means an area of land zoned, designed and intended to accommodate mobile
homes to be used as residential dwelling units together with accessory uses such as offices, laundry
facilities, storage areas, etc.
MOBILE HOME SITE means a defined area of land within a Mobile Home Park intended for the location
of one mobile home for the exclusive use of the occupant.
MODULAR RESIDENTIAL DWELLING UNIT means a residential dwelling unit designed in one or more
parts and is designed to be made mobile on a temporary basis, and constructed or manufactured to
provide a permanent residence, but does not include a mobile home, recreational seasonal travel trailer
or motor home as defined herein.
MOTEL/MOTOR HOTEL means a building, part of a building or a group of buildings used for the purpose
of catering to the needs of the traveling public by providing sleeping accommodation with or without
supplying food or other refreshments for not less than 6 guest rooms which may contain private cooking
facilities and further provided that each guest room may be entered directly from the exterior of the
building. A motel does not include a boarding, lodging or rooming establishment, a bed and breakfast
establishment or a hotel.
MOTOR HOME means any motor vehicle so constructed as to be self-contained, self-propelled unit
capable of being utilized for the temporary living, sleeping or eating accommodation of persons and for
the purposes of this By-law shall include a camper pick-up or camper van.
MOTOR VEHICLE means an automobile, truck, motorcycle, or motorized snow or all-terrain vehicle, but
does not include the cars of electric or steam railways, or other vehicles running only on rails, or on
traction engine, self-propelling farm machinery or road building machinery.
MUNICIPAL DRAIN means drainage works as defined by the Ontario Drainage Act, as amended from
time to time.
MUNICIPALITY means the Town of South Bruce Peninsula.
MUSEUM means a building or parts thereof, used for the purpose of acquiring, conserving, studying,
interpreting, assembling and exhibiting to the public such things as collections of paintings, works of art,
artifacts of historical interest and significance; mechanical, scientific and/or philosophical inventions,
instruments, models, designs; and together with any libraries, reading rooms, laboratories and offices.
NATURAL ENVIRONMENT means land which is essentially "non-developable", due to inherent
environmental hazards such as wetlands, poor drainage, organic soils, susceptibility to flooding and/or
erosion, steep slopes and other physical conditions severe enough to pose a risk of loss of life, property
damage and social disruption if developed.
NEIGHBOURHOOD STORE means a retail store, which provides convenience goods and services to the
immediate and surrounding neighbourhood.
DRAFT July 2009 20
NON-COMPLYING means a use, building or structure, lawfully established prior to the passage of this
By-law and which is permitted by the zone in which such use, building or structure is located; but which
does not meet the specific zone regulations or any other applicable regulation of this By-law.
NON-CONFORMING means a use, building, or structure lawfully established prior to the passage of this
By-law, and which is not a permitted use of the specific zone(s) in which such use, building, or structure is
located.
NON-HABITABLE ROOM means any room located within a dwelling unit that is not a habitable room,
including, but not so as to limit the generality of the foregoing, a laundry room, a pantry, a lobby, a
corridor, a stairway, a closet, a sunroom, a veranda, a recreation room, a porch, a balcony, a private
garage, an unfinished attic, a cellar, crawlspace, a boiler room and any space used for the service and
maintenance of such dwelling or for vertical travel between storeys.
NURSING HOME means a nursing home as defined under The Nursing Home Act, as amended, and
does not include a Home for the Aged, Rest Home as defined in this By-law.
NUTRIENT UNIT means an amount of nutrients that give a fertilizer value of the lower of 43 kilograms of
nitrogen or 55 kilograms of phosphate as nutrient ( as defined in Ontario Regulation 267/03 made under
the Nutrient Management Act, 2002 as amended from time to time).
OFFICIAL PLAN means the County of Bruce Official Plan, or the Town of South Bruce Peninsula Official
Plan.
ONE IN ONE HUNDRED (1:100) YEAR FLOOD means a flood based upon an analysis of precipitation,
snow melt or a combination thereof, having a return period of 100 years on average or having a one
percent (1%) chance of occurring or being exceeded in any given year. The Conservation Authority
determines the elevation of the 1:100 year flood
PARK means an open space area, which may include areas for baseball diamonds, outdoor tennis
courts, outdoor swimming pool, playground and similar uses, and storm water management facilities, but
shall not include a mobile home park or campground.
PARKING AISLE means a portion of a parking area or parking lot which on one or more sides abuts
parking spaces and which provides access to and from a parking space, to and from a street or lane and
which is not used for the parking of motor vehicles.
PARKING AREA means an area, whether or not within a building or structure, used for the temporary
parking of licensed motor vehicles and may include aisles, parking spaces, and related entrances and
exits but shall not include any part of a street or lane, or any area wherein motor vehicles are kept or
stored for sale or repair.
PARKING LOT means a Parking Area forming the main use of a lot.
PARKING SPACE means a space, which may be within a parking area or parking lot, and which is
provided and maintained for the temporary parking of motor vehicles.
PASSIVE RECREATION means outdoor recreational activities that are non-intensive in nature and are
compatible with the surrounding natural environment. This may include uses such as nature
interpretation, hiking, cross county skiing, fishing and hunting.
PERSON means an individual, association, firm, partnership, incorporated company, corporation, agent
or trustee, and the heirs, executor or other legal representative of a person to whom the context applies
according to law.
PERSONAL SERVICE SHOP means a building or part of a building in which persons are employed in
providing services and otherwise administering to the individual and personal needs of persons, and
DRAFT July 2009 21
includes such establishments as barber shops, beauty parlours, Laundromats, hairdressing shops, shoe
repair and shoe shine shops, and dry cleaning or laundry depots.
PIT, WAYSIDE means a temporary pit opened and used by or for a public road authority solely for the
purpose of a particular project or contract or road construction and not located on the road right-of-way.
PLACE OF ENTERTAINMENT means a motion picture or other theatre, arena, auditorium, public hall,
billiard or pool room, bowling alley, ice or roller skating rink or other similar forms of entertainment, which
are contained within an enclosed building or structure; does not include an adult entertainment or body
rub parlour.
PLACE OF RECREATION means the use of land for such uses as public or private parks,
playgrounds, playfields, racquetball club, tennis courts, lawn bowling greens, indoor and outdoor skating
rinks, curling facilities, hockey arenas, athletic fields, field houses, recreational trails, snowmobile trails,
picnic areas, swimming pools, wading pools, day camps, skiing, fishing, hunting, and similar uses,
together with necessary and accessory buildings and structures, but does not include a track for the
racing of animals, motor vehicles, snowmobiles, all-terrain vehicles or motor cycles.
PLACE OF WORSHIP means a building dedicated to religions worship and includes a church,
synagogue, temple or assembly hall and may include accessory uses such as a nursery school, a school
of religious education, covenant, monastery or parish hall.
PLANTING STRIP means an area of landscaped open space located immediately adjacent to a lot or
portion thereof and on which is situated one or more of the following screening devices: a continuous row
of trees, a continuous row of evergreens or shrubs; a berm.
POST OFFICE means any government run establishment where the primary use is for the collection and
distribution of parcels. A post office may include the sales of stamps, packaging materials and other items
necessary for the postal system to operate.
PREFABRICATED RESIDENTIAL DWELLING means a building that is capable of being occupied
exclusively as a residential dwelling and which is comprised of components that are manufactured off-
site, transported to the building site and constructed on a lot. A pre-fabricated residential dwelling is not
designed nor intended to be made mobile and does not include a modular residential dwelling unit, and
mobile home or park model trailer.
PRINT SHOP means a retail store that provides duplicating services using photocopy, blueprint and
offset printing equipment, including collating of booklets and reports.
PRINTING ESTABLISHMENT means an industrial facility used for blueprinting, engraving, stereotyping,
electro-typing, printing or typesetting and may include a duplicating shop or letter-shop.
PRIVATE HOME DAY CARE means the use of a building, structure or part thereof operated for gain or
profit by providing temporary care for children within a private residence other than the home of a parent
or guardian of any such child and does not include a day nursery as defined elsewhere in this By-law.
PUBLIC in this By-law, means a use, building or structure used and/or owned by a public agency to
provide a service to the general public.
PUBLIC AGENCY means the Government of Canada, the Government of Ontario or any municipal
corporation; the County of Bruce, any ministry, department, commission, corporation, authority, board or
other agency established from time to time by the Government of Canada, the Government of Ontario or
any municipal corporation; any public utility; or any railway company authorized under The Railway Act,
as amended, or any successor thereto.
PUBLIC BUILDING means any building, structure or part thereof, which is owned, leased, or occupied by
the Corporation of the Town of South Bruce Peninsula, the County of Bruce, the Province of Ontario or
the Government of Canada.
DRAFT July 2009 22
PUBLIC UTILITY means any agency, corporation, board, or commission providing electricity, gas, water,
telegraph, telephone or television service including a communications tower, drainage, sewage or waste
collection and disposal services to the public; or a use pertaining to any such agency, corporation, board
or commission.
PUBLIC WORKS YARD means a municipal, county or provincial facility used for the servicing of road
construction and maintenance equipment, and storage of materials including buildings or structures for
such purposes.
QUARRY, WAYSIDE means a temporary quarry opened and used by or for a public road authority solely
for the purpose of a particular project or contract or road construction and not located on the road right-of-
way.
RECREATIONAL FACILITY means a place designed and equipped for the conduct of sports, leisure
activities and other customary and usual recreational activities.
RECREATIONAL TRAILS means an area used for cross country skiing, cycling, hiking, horseback riding,
or similar forms of non-motorized recreational travel.
RECREATIONAL USE- ACTIVE means a recreational use or activity with buildings or requires alteration
of soil or topography and includes such activities as golf courses, playing fields, trailer parks,
campgrounds and conservation areas involving built structures.
RECREATIONAL USE-PASSIVE means an activity or use of land carried out for recreational purposes,
which does not require the construction of buildings or the alteration of soil or topography and includes
open space and environmental areas.
RECYCLING DEPOT means a building, structure or lot used for temporary storage of recyclable
materials and does not include a building or structure where materials are recycled.
RECYCLING PLANT means a facility that is not a salvage yard and in which recoverable resources, such
as newspapers, magazines, books, and other paper products, glass, metal cans, and other products are
recycled, reprocessed and treated to return such products to a condition in which they may be used for
production.
REGIONAL FLOODPLAIN means the area of land that would be inundated by floodwater under a
Regional Storm Flood Event.
REGIONAL STORM FLOOD EVENT means a major storm of record used for flood regulation purposes.
The rainfall actually experienced during Hurricane Hazel as transposed over the watershed and combined
with local conditions is used by the Conservation Authority to establish the Regional Floodplain.
REGULATORY FLOOD means the approved standard(s) used in a particular watershed to define the
limit of the floodplain and level to be applied for flood proofing purposes.
RENTAL OUTLET means a building or part thereof where residential, industrial and commercial
equipment is kept for rental to the public and may include such items as power tools, appliances, office
machines, recreation equipment, lawn and garden equipment and tools, flooring cleaning equipment,
masonry tools, painting and decorating equipment and tools, moving equipment and tools, and similar
items, but does not include a video rental outlet or the rental of motor vehicles, trailers or industrial
equipment.
RESIDENTIAL means the use of land, buildings or structures for human habitation.
RESIDENTIAL DWELLING means a building or portion thereof designed, intended, occupied or capable
of being occupied as one or more Residential Dwelling Unit(s) and may include a traditionally constructed
or prefabricated home but does not include a hotel, motel, institutional use, boarding, lodging or rooming
house, bed and breakfast establishment, mobile home, trailer, or a motor home as defined in this By-law.
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RESIDENTIAL DWELLING - ACCESSORY APARTMENT means a residential dwelling unit that is fully
contained within a single-detached or semi-detached residential dwelling.
RESIDENTIAL DWELLING - APARTMENT means a residential dwelling that contains five or more
residential dwelling units, which have a common entrance from street level and are served by a common
corridor or hallway from inside.
RESIDENTIAL DWELLING - APARTMENT, SENIORS means an apartment designed for, intended for
and occupied exclusively by senior citizens.
RESIDENTIAL DWELLING - BACHELOR means a residential dwelling unit with a bed sitting room
combination providing therein living, sleeping, eating, food preparation, and separate sanitary facilities.
Other essential facilities and services may be shared with other residential dwelling units.
RESIDENTIAL DWELLING - CONVERTED means a single-detached residential dwelling existing at the
time of passing of this By-law which, because of size or design, can be converted by partition and the
addition of sanitary and cooking facilities into more than one residential dwelling unit on sanitary sewers.
RESIDENTIAL DWELLING - DUPLEX means a two storey residential dwelling divided horizontally into
two residential dwelling units, each of which is completely on a separate storey with an independent
entrance either directly from the outside or through a common vestibule.
RESIDENTIAL DWELLING - FOURPLEX means a residential dwelling divided vertically and/or
horizontally to provide four residential dwelling units, each having independent entrances either directly
from the outside or through a common vestibule.
RESIDENTIAL DWELLING - LINK OR TWIN ATTACHED means two single-detached residential
dwellings of similar size and style that are completely separate from the other above finished grade, but
are connected to each other below finished grade by common footings.
RESIDENTIAL DWELLING - SEMI-DETACHED means two single-detached residential dwellings,
divided in whole or part by a common vertical wall, each of which may be held in separate ownership, and
having independent entrance either directly from the outside or through a common vestibule.
RESIDENTIAL DWELLING - SINGLE-DETACHED means a residential dwelling containing one
residential dwelling unit situated on a separate lot, and is not attached by any means to any other
residential dwelling unit. For the purposes of this By-law, single-detached shall not include a mobile
home or modular residential dwelling unit, unless otherwise specifically provided for in this By-law.
RESIDENTIAL DWELLING - SPLIT-LEVEL means a residential dwelling unit in which the first floor
above the finished grade is so constructed as to create two or more different levels, the vertical distance
between such levels being always less than the full storey. For the purpose of this By-law, split-level shall
be considered as a one-storey residential dwelling.
RESIDENTIAL DWELLING - TOWNHOUSE means a residential dwelling divided vertically to provide
three or more residential dwelling units, each having independent entrances to a front and rear yard
immediately abutting the front and rear walls of each dwelling unit
RESIDENTIAL DWELLING - TOWNHOUSE, CLUSTER individual residential dwelling units do not
require frontage onto a street.
RESIDENTIAL DWELLING - TOWNHOUSE, STREET each residential dwelling unit shall have
frontage directly onto a street.
RESIDENTIAL DWELLING - TRIPLEX means a three storey residential dwelling divided horizontally into
three separate residential dwelling units each having independent entrances either directly from the
outside or through a common vestibule.
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RESIDENTIAL DWELLING UNIT means one or more habitable rooms designed, intended, occupied or
capable of being occupied as a permanent residence by one or more individuals providing separate
kitchen, sanitary facilities and sleeping accommodations and having a private entrance either from
outside the building or through a common hallway or stairway inside the building.
RESIDENTIAL, NON-FARM means a dwelling unit not located on the same lot as a farm.
RESTAURANT means a building or part thereof, other than a tavern, where food or refreshments are
prepared and offered for retail sale to the public for immediate consumption either on or off the premises.
Dining Restaurant, Drive-In Restaurant, Drive-Thru Restaurant and Take-Out Restaurant are defined
below for the purposes of calculating off-street parking requirements
RESTAURANT- DINING means a building or part thereof where food and drink is prepared then sold to
the public for immediate consumption within the dining room of such establishment.
RESTAURANT - DRIVE-IN/DRIVE-THRU means a building or part thereof where food and drink are
prepared then sold to the public for immediate consumption either within an eating area inside or outside
of the building or within the patron's own motor vehicle onsite, or for elsewhere off the premises.
RESTAURANT - TAKE-OUT means a building or part of a building where food and beverages are
prepared and sold to the public for consumption off the premises. The consumption of food in the
building or in the patron's motor vehicle on the premises is not permitted.
RETAIL FOOD STORE means a building, structure or part thereof in which foodstuff, goods, wares,
merchandise, substances are offered or kept for sale at retail, but does not include any establishment
otherwise defined or classified herein.
RETAIL STORE means a building, structure, or part thereof in which goods, wares, merchandise,
substances, articles or things are offered or kept for retail sale directly to the public, but does not include
any establishment otherwise classified or defined herein and can include an antique store/ market, an art
gallery and an artisan market.
RURAL RESIDENTIAL CLUSTER means four (4) or more, adjacent rural lots, one hectare or less in total
lot area, sharing a common contiguous boundary. Lots located directly across a road from one another
shall be considered as having a common boundary. Measurements shall be taken as the shortest
distance between the lot line of the closest lot to a proposed LWECS and the closest edge of a turbine.
SALVAGE OR WRECKING AND RECYCLING FACILITY means the use of land, buildings or structures
for the wrecking, dismantling, storing and/or selling of used vehicles and parts thereof, including tires and
other goods, wares or materials.
SAW OR PLANING MILL means a building, structure or area where timber is cut, sawed or milled, either
to finished lumber or as an intermediary step and may include facilities for the kiln drying of lumber, an
administrative office and temporary storage of timber and finished products.
SCHOOL means an academic school authorized under The Education Act, as amended.
SEASONAL AGRICULTURAL PRODUCE STAND means a structure that is accessory to a farm and is
used for the display and selling of fruit, vegetables, flowers or other farm produce, which is grown on that
same farming operation.
SEASONAL RECREATION SITE means a numbered and specified designated area of land to be used
for the placement of one seasonal recreational travel trailer and other accessory approved structures.
SECONDARY USES: means uses secondary to the principal use of the property, including but not limited
to, home occupations, home industries, and uses that produce value-added agricultural products from the
farm operation on the property.
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SEPTIC TANK SERVICE means a business that provides septic tank pump out, cleaning, or general
maintenance of septic tank systems. In addition, this may include the transporting and disposal of
septage.
SERVICE INDUSTRY means a business or trade, not otherwise defined or classified in this By-law, which
provides cleaning, maintenance, installation, renovation, or other similar non-personal services to the
public, and may include a printing establishment; plumbing, welding, sheet metal, woodworking or
machine shop; or vehicle inspection station.
SERVICE OR REPAIR SHOP means a building or part thereof for the repair or service of household
articles including radio, television and electronic equipment, and small household appliances, and may
include small engine repair, but does not include an industrial use or automotive body repair shop or
automotive service station.
SEWAGE DISPOSAL SYSTEM, PRIVATE means a sewage system or a sewage works that is not
owned and operated by the Crown, a municipality or an organization acceptable to the Director
responsible for issuing a Certificate of Approval under the Ontario Water Resources Act.
SEWAGE TREATMENT FACILITY means a use, building, structure or parts thereof, approved by the
Ministry of the Environment for the treatment and disposal of domestic and industrial waste, and storm
water, and includes a system of underground pipes/conduits, sewage pumping stations and wastewater
lagoons.
SHOPPING CENTRE means a group of commercial uses, planned, developed, owned, managed as a
unit, with common off-street parking areas and other joint facilities all provided on the same lot.
SHOPPING MALL means a shopping centre, which provides access for the public to each individual
commercial unit either from the outside through a common entrance(s) and/or from the inside through a
common covered aisle(s).
SIGN means any device, lettering, figure, symbol, emblem or picture, which is affixed to or represented
directly or indirectly upon a use of land, building or structure, and which directs attention to, identifies or
advertises any object, product, place, activity, persons, products, organizations, institutions or businesses
in such as way as to be visible to the public on any street, lane or thoroughfare.
STOREY means a horizontal division of a building from a floor to the ceiling directly above such floor, but
does not include any mezzanine, gallery, balcony or other overhang, the floor area of which does not
exceed 40 percent of the least dimension of the room in which the said overhang is located, and does not
include a basement or cellar as defined in this By-law.
ATTIC, means the space between the roof and the ceiling of the top storey; or between a dwarf
wall (i.e. a wall less than 2. 3 m (7.5 ft)) and a sloping roof of a dwelling.
BASEMENT, means that portion of a building below the first storey, but having less than one-half
its clear height above the average finished grade; or has at least one wall from the finished floor
to finished ceiling exposed above the finished grade and where a permanent point of access is
provided in said wall.
CELLAR, means that portion of a basement which is more than 60 percent below finished grade,
measured from finished floor to finished ceiling.
CRAWL SPACE shall mean the space referred to as an enclosed space between the underside
of a floor assembly and the ground cover directly below, with a clearance less than 5 ft 11 in) in
height.
FIRST STOREY or GROUND FLOOR, means the storey having its floor level closest to the
finished grade and its ceiling at least two metres above finished grade.
SECOND STOREY or SECOND FLOOR, means the storey directly above the first storey.
DRAFT July 2009 26
STREET means a highway: as defined under the Public Transportation and Highway Improvement Act,
R.S.O. 1990 cP.50, and the Municipal Act, R.S.O. 1990, Chapter M.45; and which has been assumed for
public use and is maintained year-round by the Town.
STREET LINE means the dividing line between a street and any lot.
STRUCTURE means anything constructed either permanent or temporary, the use of which requires
location on or an attachment to something having location on the ground. Manure storage/handling
facilities and associated pits and lagoons are structures for the purposes of this By-law. Fences,
pavement, curbs, walkways, retaining wall or signs are not considered structures for the purposes of this
By-law.
SWIMMING POOL means any body of water permanently located outdoors or indoors, contained by
artificial means and used and maintained for the purpose of swimming, wading, diving or bathing.
TAVERN means a "tavern" as defined by the Liquor Licence Act, as amended.
TEMPORARY FARM ACCOMMODATION means a separate building or Park Model trailer used for the
seasonal accommodation of workers in which lodging with or without meals is supplied to such
employees.
TERRACE means an open, uncovered, level space at ground level that is either natural or man-made.
TILLABLE HECTARES means the total area of land including pasture that can be worked or cultivated.
TOTAL SWEPT AREA means the area of a circle that is swept by the rotor blade as calculated by "Total
Swept Area = (Pi) x (blade radius2)".
TOURIST COTTAGE RENTAL ESTABLISHMENT means a facility offering overnight to seasonal
housekeeping units (units include sanitary and food preparation facilities), including accessory
administrative offices, convenience store, laundry facilities, sanitary facilities, recreational hall and
associated recreational uses, that cater to short-term guests.
TOURIST HOME means a detached dwelling containing four (4) or more guest rooms and not more than
ten (10) guest rooms which are available for sleeping accommodation for the vacationing or traveling
public in which the owner or manager supplies, for hire or gain, lodging with or without meals.
TRAILER CAMP OR PARK means any land upon which two or more trailers are used or intended to be
used for human occupation on a temporary basis.
TRAILER, PARK MODEL means a prefabricated residential dwelling unit designed and constructed in
accordance with CSA requirements which is towed on its own chassis and its running gear may be
removed. It is designed and equipped for year-round occupancy containing suitable sanitary facilities
including a flush toilet, shower or bathtub.
TRAILER, RECREATIONAL means any portable structure or vehicle designed, intended and used
exclusively for the temporary or seasonal living, sleeping or eating accommodation of persons therein,
during travel, recreation and vacation and which is either capable of being drawn by a motor vehicle or is
self propelled, and may include seasonal recreational travel trailers, tent trailers, camper vans, motor
homes, camper pick-up and similar transportable accommodation but not a mobile home or a park model
trailer.
TRAILER, SEASONAL RECREATIONAL TRAVEL means a structure built on a single chassis mounted
on wheels designed to facilitate relocation from time to time and used primarily as living quarters for
seasonal camping and connected to utilities necessary for operation or installed fixtures and appliances.
TRAILER, RECREATIONAL SALES AND SERVICE ESTABLISHMENT means the use of land,
buildings or structures or parts thereof for the display and sale of recreational trailers, seasonal
DRAFT July 2009 27
recreational travel trailers, tent trailers, camper vans, camper pick-ups and motor homes, and includes
the servicing and repair of such trailers.
TRANSPORT ESTABLISHMENT means the use of land, buildings, structures or parts thereof, where
commercially licensed trucks, transports and buses are rented, leased, loaded or unloaded, serviced or
repaired, kept for hire, stored or parked for dispatching as common carriers or where goods are
temporarily stored for further shipment.
U-BREW ESTABLISHMENT means a building or part thereof used for the sale of ingredients and /or kits
for beer, cider and wine making and includes the brewing and bottling of the same by the public on the
premises.
USE means the purpose for which a lot, 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.
WAREHOUSE means a building or part thereof used for packaging, storage and distribution of goods,
wares, merchandise, foodstuff, substances or articles and may include wholesale outlet but does not
include a mini-warehouse establishment or transport establishment.
WASTE DISPOSAL SITE means any land upon, into or through which waste is deposited or processed
and any machinery or equipment or operation for the treatment or disposal of waste, but does not include
the treatment or disposal of liquid industrial waste or hazardous waste, but does include a recycling
processing plant.
WATERCOURSE means the natural or altered channel for a stream or water body and for the purpose of
this By-law, includes the channel for intermittent streams. Isolated farm or recreational ponds, without an
inlet or outlet stream, are excluded from this definition
WATER TREATMENT FACILITY means a building or structure approved by the Ministry of the
Environment, where water is treated for human consumption and use, and includes a water pumping
station
WHOLESALE OUTLET means a building, structure or part thereof used for the storage, distribution and
sale of goods, wares, articles or merchandise to other wholesalers, retailers, industrial, institutional or
professional users or to the consumer
WINERY means an agricultural processing plant used for the commercial purpose of processing grapes,
other fruit products or vegetables, to produce wine or similar spirits. Processing includes crushing,
fermenting, blending, aging, storage, bottling, and administrative office functions for the winery and
warehousing. Retail sales and tasting facilities of wine and related promotional items may be permitted
as part of the winery operations.
WINERY / CIDERY means buildings or structures used for the processing of grapes, fruit or honey in the
production of wines or ciders, including, the fermentation, production, bottling, aging or storage of such
products as a secondary use to a farm operation. The winery or cidery may include a laboratory,
administrative office, hospitality room and retail outlet and if required, must be licensed or authorized
under the appropriate Act.
YARD means a space appurtenant/adjacent to a building, structure or excavation, located on the same
lot as the building, structure or excavation, and which space is open, uncovered and unoccupied from the
ground to the sky except for such accessory buildings, structures, or uses or yard encroachments as
are specifically permitted elsewhere in this By-law.
FRONT means a yard extending from side lot line to side lot line between the front lot line of the
lot and to the nearest part of any building or structure (existing or proposed) on the lot.
DRAFT July 2009 28
REAR, means a yard extending from side lot line to side lot line between the rear lot line (or apex
of the side lot lines) to the nearest part of any building or structure (existing or proposed) on the
lot.
REQUIRED, means a yard having the minimum building setback as required by the zone
provisions of this By-law. A required side yard shall extend from the required front yard to the
required rear yard.
SIDE, means a yard extending from the front yard to the rear yard and from the side lot line of the
lot to the nearest part of any building or structure (existing or proposed) on the lot.
i) EXTERIOR, means a side yard immediately adjoining a street.
ii) INTERIOR, means a side yard other than an exterior side yard.
ZONE means an area delineated on the Zoning Maps included in this By-law designated for a specific
use and regulated by the specific zone provisions of this By-law.
ZONING ADMINISTRATOR means the officer(s) or employee(s) of the Town charged with the duty of
administering and enforcing this By-law.
DRAFT July 2009 29
SECTION 6 GENERAL PROVISIONS
The provisions of this Section shall apply to all zones except as otherwise indicated in this By-law.
6.1 ACCESSORY USES AND STRUCTURES
Where this By-law provides that land, building or structure may be erected or used for a purpose,
that purpose may include any accessory building or structure or accessory use, but shall not
include:
a) Any building or structure used for human habitation, except where specifically permitted
by this By-law;
b) The open storage of goods or materials, except where specifically permitted by this By-
law;
c) Any occupation for gain or profit conducted within a residential zone, except as permitted
by this By-law.
6.1.1 Location Accessory Uses and Structures
In a Residential zone the following apply:
a) Yard Setbacks
i) Minimum rear yard setback 1 m (3.3 ft)
ii) Minimum interior side yard setback 1 m (3.3 ft)
b) Detached accessory buildings shall not be permitted within the front yard or exterior side
yard, with the exception of a water supply pumphouse or other service related accessory
structure.
c) Attached accessory structures shall be considered as part of the main dwelling and all
yards shall be provided according to the relevant zone provisions.
d) Detached accessory buildings shall not be permitted within any required parking or
planting areas.
e) Detached garages on lots which abut a watercourse or body of water may be located
within the front yard provided the lot upon which such building or structure is to be
erected fronts upon an improved street, and provided that such garage is not located
closer than 7.5 metres (25 feet) from the front lot line and 3 metres (10 feet) from any
side lot line.
In any zone other than a residential zone, the yard requirements of the specific zone shall apply
to both main and accessory buildings.
6.1.2 Height - Accessory Uses and Structures
In any residential zone and in the C1A- SBP General Commercial Zone and C1B Serviced
General Commercial Zone, the height of an accessory use building and structure shall not exceed
5 m (16.5 ft). In all other zones the maximum height for an accessory use is the same as the
main building.
6.1.3 Lot Coverage - Accessory Uses and Structures
a) The percentage for accessory building lot coverage shall be included in and contribute to
the maximum lot coverage permitted in the individual zone regulations.
DRAFT July 2009 30
b) Despite the above, the maximum floor area for an accessory building or structure in any
Residential zone shall not exceed 92.9 square metres (m2) (1000 square feet (ft2).
c) In any zone other than Residential, the total lot coverage of all accessory buildings and
structures combined on a lot shall not exceed 10% of the lot area.
d) The area of an open swimming pool and decks shall be included in the calculations in
determining lot coverage.
6.1.4 Number of Accessory Buildings
Save and except for an agricultural use, in no case shall the number of accessory buildings on
one lot exceed three (3).
6.1.5 Establishment of an Accessory Building or Use
No accessory building or accessory use shall be established or used on any lot or site unless the
construction of the main building or use has been substantially completed as per the Chief
Building Official.
6.1.6 Residential Uses Accessory to a Permitted Commercial Use
6.1.6.1 Accessory Residential Dwelling Unit
A permitted commercial use or building may contain one or more accessory residential dwelling
units subject to the following:
a) Each residential dwelling unit, accessory to a permitted commercial use or building, shall
be located above or to the rear of the main commercial use
b) Each accessory residential dwelling unit shall not occupy any more than fifty percent
(50%) of the ground floor area of a main commercial use.
c) Each accessory residential dwelling unit shall have a minimum floor area of 50.0 m2
(538.2 ft2).
d) Each accessory residential dwelling unit shall have a separate and direct means of
access to a public street or lane via halls and /or stairs and/or across the subject
property.
e) Each accessory residential unit shall be provided with a minimum of one off-street
parking space.
6.1.6.2 Accessory Residential Single Detached Dwelling
Where a detached dwelling is permitted as accessory to a permitted commercial use, such
dwelling shall conform to the following provisions:
MINIMUM SETBACKS 7.5 m (24.6 ft) from any lot line or road allowance
Minimum lot area Minimum lot area for nonresidential use plus 465 m2
(5,005 ft2)
Minimum lot frontage Minimum lot frontage plus 15 m (49 ft)
Minimum habitable floor area 92.9 m2 (1000 ft2)
Minimum ground floor area 70 m2 (753 ft2)
Maximum building height 10 m (32.8 ft)
Maximum lot coverage 6%
DRAFT July 2009 31
6.2 OPEN SWIMMING POOLS
Despite anything contained in this By-law to the contrary, a swimming pool is a permitted
accessory use within any zone, except in the Environmental Hazard or Natural Environment
Zones, subject to the following regulations:
a) May be located in the side yard, but not closer to any lot line than the minimum distance
required for the main building on such lot;
b) May be located in the rear yard, but not closer to any lot line than the minimum distance
required for an accessory building located on such lot;
c) Facilities for changing clothing, pumping, filtering or similar accessory use shall be in
accordance with the regulations applicable to accessory buildings on such lot.
Note: The Town of South Bruce Peninsula has a separate by-law relating to swimming
pools. You are encouraged to contact the Clerk or Chief Building Official to review this
regulation.
6.3 BED AND BREAKFAST ESTABLISHMENT (B&B)
Within those zones where Bed & Breakfast establishments are permitted, such uses shall be
permitted in accordance with the provisions for such zones and shall also comply with the
following regulations:
a) No more than 3 guest rooms shall be provided within a B&B.
b) Any exterior stairways required for a B&B shall be located in a side or rear yard.
c) One parking space per guest room shall be provided.
d) There shall be no advertising other than a non-illuminating sign that has a maximum size
of 1.5 m2 (16 ft2).
e) No person, other than members of the family who operate and reside in the
establishment shall be employed except as is necessary for housekeeping purposes.
f) The operator of a bed and breakfast operation shall reside in the building as his or her
primary residence.
6.4 BUFFER AREA
Where a lot is within:
a) A Commercial zone and the interior side and/or rear lot line, or portion thereof abuts a
Residential or Institutional Zone, or
b) A R3 Low Density Multi Family Residential or R4 Medium Density Multi Family
Residential zone and the interior side and/or rear lot line, or portion thereof abuts a R1B
Serviced Detached Residential, R1A Un-Serviced Detached Residential or Institutional
Zone,
Then a buffer area shall be provided along the lot lines in accordance with the following
provisions:
DRAFT July 2009 32
a) Have a minimum width throughout of not less than 1.5 m (5 ft) and shall be in addition to
any other yard requirement.
b) Consist of a planting strip maintained at an ultimate height of not less than 1.8 m (5.9 ft)
immediately adjacent to the lot line or portion thereof along which the Buffer Area is
required other than along a street line.
c) Be kept free of all parking, buildings or structures except for a legal boundary partition
and used only for the placement of trees, shrubs, similar vegetation, fencing and
landscaping features.
d) Be landscaped and maintained by the owner of land on which such buffer area is
required.
6.5 BUILDING HEIGHT EXCEPTIONS
The maximum height regulations of this By-law shall not apply to prevent the construction and/or
use of an ornamental dome, church spire, a belfry, cupola, steeple, a flag pole, a clock tower, a
chimney, storage silos, barn, grain elevator, a water storage tank, an air conditioner duct, an
elevator penthouse, a solar collector, or an electric or communication tower, antenna, ventilator,
windmill or similar device.
6.6 COMMERCIAL KENNELS AND PET BOARDING ESTABLISHMENTS
Commercial Kennels and Pet Boarding Establishments are not permitted unless specifically
permitted in this Bylaw.
All kennel buildings and structures must be located 100 m (328 ft) from any lot lines.
Note: These uses are required to conform with all applicable law, including but not
limiting to, municipal kennel, dog or animal control Bylaws, and other applicable
regulations, in addition to the Zoning Bylaw. You should contact the Municipality
directly.
6.7 COMMON AMENITY AREA
Where this By-law requires the establishment of a common amenity area, such an area shall be
provided within the boundaries of the development and in accordance with the following
provisions:
a) An amenity area is an area comprised of common outdoor space designed for active or
passive recreational use and may include patios, swimming pools, play areas and open
landscaped areas.
b) The minimum amenity area required shall be an aggregated amount not less than 9.3 m2
(100 ft2)) per dwelling unit for each unit up to 10. For each additional unit, not less than
4.6 m2 (49.5 ft2) of amenity area is required.
c) Amenity areas shall be designed and located so that the length does not exceed four (4)
times the width.
d) Amenity areas shall have direct access to/from the residential use.
e) Amenity areas may be located within any yard other than a required front yard.
DRAFT July 2009 33
6.8 DAY LIGHTING (SIGHT) TRIANGLE
On a corner lot, the triangular space formed by the street lines and a line drawn from a point on
one street line to a point on the other street line is determined by a point measuring 6 metres
along the street line from the point of intersection of the said street lines.
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 tangents to the
street lines.
The provisions of this section shall also apply to land that abuts one or more unopened streets.
Within any sight-line triangle, the following uses shall be prohibited:
a) A building or structure.
b) A fence, wall, hedge, bush or any other obstruction that impedes vision above a height
of 0 .8 m (2.6 ft) above the centerline grade of the street or streets abutting a sight-line
triangle.
c) Any portion of a loading or parking space.
The provisions of this Section shall not apply to land zoned C1A SBP General Commercial and
C1B Serviced General Commercial zone.
6.9 DEVELOPMENT ON MUNICIPAL SERVICES
Where municipal water supply and/or sewage collection or treatment systems are available to the
lot, new development shall not be permitted unless it is serviced by said water or sewer systems,
whichever is available. This provision shall not apply to any public use or utility that by its nature
does not require such services.
6.10 DEVELOPMENT ON PRIVATE SERVICES
On lands that are not subject to subsection 5.9, development on individual septic disposal
systems or wells is permitted provided such uses comply with the relevant regulations, and are
approved by the relevant public agency.
Note: Permits are required for the installation of individual or communal private servicing
systems. Contact the Municipality for more information. The Ontario Building Code governs
standards for approval and construction of individual services
6.11 EXTERNAL LIGHTING
Lighting fixtures providing exterior illumination shall be so arranged as to direct light to the
building face, parking area or vicinity of site. Said fixtures shall also be directed down and away
from adjoining properties, and should not cast glare onto a street.
6.12 FRONTAGE ON PUBLIC STREET
Unless otherwise explicitly permitted by this bylaw, no person shall erect any building or structure,
or use any lot in a Zone, unless the lot upon which such building, structure or use is located fronts
upon and has direct access to an improved public street opened and maintained on a year round
basis. The above provision shall not apply to restrict the erection of any building on a lot in a
registered plan of subdivision where a subdivision agreement has been entered into but the street
will not be assumed until the end of the maintenance period.
DRAFT July 2009 34
6.13 PROPERTIES LOCATED ALONG OR BESIDE A PROVINCIAL HIGHWAY
In addition to all applicable municipal requirements, all proposed development located along or
beside a provincial highway within the Ministry of Transportation's permit control area under the
Public Transportation Improvement Act (PTHIA) will also be subject to the approval of the Ministry
Of Transportation's policies, standards and requirements. In addition, Ministry of Transportation
permits Building and Land Use permit and Sign Permits may be required.
6.14 GARBAGE STORAGE AREAS
a) No garbage or refuse shall be stored on any lot in any zone except within:
i) The main building or
ii) Any accessory building or structure on such lot or
iii) In a container in the side yard or rear yard of such lot and side or rear yard
requirement of applicable zone shall apply.
All garbage or refuse storage areas, including any garbage loading or unloading areas, which are
visible from an adjoining site in a residential, commercial, institutional or open space zone, or
from a public street, shall have a visual screen consisting of a fence that is a minimum of 2 m (6.6
ft) in height;
6.15 GARDEN SUITES
Garden Suites are not permitted except where Single Detached Residential Dwellings are
permitted, and subject to passage of a temporary use bylaw pursuant to Section 39 of the
Planning Act, and shall be subject to the following regulations:
a) Only one Garden Suite may be established per lot on which a Single Detached
Residential Dwelling exists. Where a lot already contains a Single Detached Residential
Dwelling and an accessory apartment as defined in the By-law, a Garden Suite shall not
be permitted.
b) Garden Suites in a Residential Zone shall be located in either a side yard or rear yard,
and located behind or even with the front wall of the Single Detached Residential
Dwelling. A minimum interior side and rear yard of 1.5 m (5 ft), and a minimum exterior
side yard of 7.6 m (25 ft) is required.
c) Driveway access to both the main residence and the Garden Suite shall be limited to one
so that no new entrance from the street shall be created.
d) The maximum floor area of a garden suite shall be 92.9 m2 (1000 ft2).
e) The maximum height of a garden suite shall be one storey or 4.5 m (14.76 ft) whichever
is less.
f) No garden suite shall be located closer than 3 m (9.8 ft) to the main residence on the lot.
g) All garden suites in urban area of Wiarton shall be connected to municipal water and
sewage disposal systems.
h) Despite the above, garden suites may be permitted with individual private servicing in the
appropriate zone subject to the minimum lot area requirements of the specific zone and
the approval of the Town for the proposed servicing.
i) All garden suites shall be of a portable, pre-fabricated or modular nature and shall not
include a mobile home.
DRAFT July 2009 35
j) Despite item i, mobile homes may be used as Garden Suites only in the RU1 zone
subject to the requirements of this By-law as applicable.
Note: Garden Suites are regarded as temporary uses, and the Municipality may require
that the owner or other person enter into an agreement with the Municipality, pursuant to
Section 39 (1) of the Planning Act. Temporary Uses are permitted by a specific bylaw
that defines the use, and the length of time the use is permitted on its lot
6.16 GROUP HOMES
6.16.1 Permitted Group Homes
In specific residential zones group homes are a permitted use.
6.16.2 Group Home Regulations
a) No land, building or structure shall be used and no building or structure shall be
constructed, altered, enlarged or maintained for the purposes of a group home, unless in
accordance with the regulations specified in that zone for the type of residential building
in which the group home is to be established and in accordance with the following
regulations.
b) A group home shall be separated by a minimum linear distance of 300 m (984.3 ft) from
another group home. This distance shall be measured at the closest points on the
property lines of the two lots.
c) A group home shall provide a minimum of 1 parking space for every 2 beds or fraction
thereof.
d) A group home shall have a minimum gross floor area of 18 m2 (193.8 ft2) for each
resident 16 years of age or older, and 9 m2 (97 ft2) for each resident who is less than 16
years of age. For the purposes of this section, a group home resident includes staff
and/or receiving family.
e) A group home shall provide a minimum common amenity area of 12 m2 (129.2 ft2) for
each resident. For the purposes of this section, a group home resident includes staff
and/or receiving family.
6.17 HOME INDUSTRY REGULATIONS
Home industries, where listed as a permitted use, are subject to the following regulations:
a) It is secondary to the main permitted use on the lot.
b) It may include such uses as a carpentry shop, a welding shop, a machine shop, custom
workshop, furniture fabrication, assembly, and repair; a tool and repair shop, and a small
engine repair shop but shall not include autobody repairs or automobile sales, service
and repair; automotive washing establishment, the sale of gas, or a wrecking yard;
c) No outside storage of materials, containers, or finished products is permitted.
d) It shall be located within an accessory or agricultural building.
e) Any building or structure or part of a building or structure used for a home industry shall
not exceed 2,500 ft2 of floor area.
DRAFT July 2009 36
f) At no time may any home industry employ on-site more than two employees who do not
reside on the lot on which such home industry is conducted.
g) There shall be no advertising other than a non-illuminating sign that has a maximum size
of 16 ft2.
h) No building or structure used for a home industry shall be located within 50 ft of a lot line,
nor within 300 ft of a lot line of a vacant lot of less than 4.1 ha (10 ac) in size or within 300
ft of a residence on a separate lot.
6.18 HOME OCCUPATIONS
Home Occupations, where a permitted use within a zone, are subject to the following regulations:
a) A home occupation shall be clearly incidental and subordinate to the main residential use
on the same lot. No exterior alterations of the dwelling unit shall be permitted in
connection with such occupation that will change the character of the residential building
or premises.
b) The use of the premises in connection with such home occupation shall in no way be
offensive, obnoxious or dangerous to the neighbours or the area by reason of: the
emission of light, heat, fumes, noise, vibration, gas, dust, smoke, fire, odour, air or water
borne waste or pollution; interference with radio or television; or, the significant increase
in vehicle traffic due to frequency of deliveries by commercial carriers or patron parking.
c) There shall be no machinery or mechanical equipment of any kind used on the premises
in connection with such home occupation, except what is customarily used for household,
office purposes or occupations as defined under HOME OCCUPATION in Section 4.
d) A home occupation shall employ no more than one person who is not a resident of the
residential use.
e) No more than twenty-five percent (25%) of the floor area of a residence may be used for
the home occupation.
f) In Residential Zones, there shall be no advertising other than a non-illuminated plate or
sign that have a maximum size 0.2 m2 (2 ft2) and which is attached flat to the residential
dwelling.
g) In RU1 General Rural there shall be no advertising other than a non-illuminated sign that
has a maximum size of one (1) m2 (10.8 ft2).
h) There shall be no external storage, keeping or display of goods, materials, wares or
merchandise.
i) There shall be no retail sale of any goods or items other than those constructed,
assembled, produced, created and finished in conjunction with the home occupation.
6.19 LOADING REGULATIONS
Where required by this By-law, the owner or occupant of any lot, building or structure used or
constructed for any purpose involving the receiving, shipping, loading and unloading of goods,
wares, merchandise or raw materials, shall provide and maintain on the same lot , not on a street
or lane, and within the zone in which such use is located, space for the standing, loading or
unloading of vehicles in accordance with the following regulations:
a) A loading space shall be 15.2 m (50 ft) long, 3.6 m (11.8 ft) wide and have a minimum
vertical clearance of 4.3 m (14.1ft).
DRAFT July 2009 37
b) All loading spaces shall be so arranged as to avoid interference with the movement of
traffic on public streets. No loading spaces shall be situated upon any street, lane or
required parking space.
c) All loading spaces, and driveways providing access to them, shall be constructed of a
stable surface and treated to prevent erosion and the escape of dust and loose particles.
Surface cover may consist of asphalt, approved granular material, paving brick, concrete
or similar hard-surfaced materials.
d) All loading spaces and driveways shall be graded and drained so as to prevent the
pooling of surface water on them or the flow of surface water onto adjacent lots.
e) Each loading space shall be provided with one or more unobstructed driveways of not
less than 6 m in width. Such driveway shall be contained within the lot on which the
spaces are located and are accessible from a street or lane. No part of such driveway
shall be used for the parking or temporary storage of commercial or motor vehicles.
f) Off-street loading space(s) shall be provided and maintained in accordance with the
following schedule:
INDUSTRIAL ZONES MINIMUM SPACES REQUIRED
2 2
0 to 464.5 m (5,000 ft ) 0 space
2 2 2 2
464.5 m (5,000 ft ) to 2,322.5 m (25,000 ft ) 1 space
2 2 2 2
2,322.5 m (25,000 ft ) to 10,000 m (107,643 ft ) 2 spaces
Each additional 10,000 m2 (107,643 ft2) or portion
1 additional space
thereof in excess of 10,000 m2 (107,643 ft2)
COMMERCIAL ZONES MINIMUM SPACES REQUIRED
2 2
0 to 185.8 m (2,000 ft ) 0 space
2 2 2 2
185.8 m (2,000 ft ) to 929 m (10,000 ft ) 1 space
929 m2 (10,000 ft2) 2 spaces
Each additional 929 m2 (10,000 ft2) or portion
1 additional space
thereof
g) Despite the loading space regulations herein, any use, building or structure that was
lawfully established prior to the passing of this By-law, shall not be subject to the above
provisions so long as the floor area as existing at such date is not increased
h) Unless otherwise provided in this By-law, the Loading Regulations of this Section do not
apply to land within the General Commercial (C1) ZONE.
6.20 MINIMUM DISTANCE SEPARATION - MDS I AND II
6.20.1 MDS I New Non-Farm Uses
Despite any other yard or setback provisions of this By-law to the contrary, no residential,
institutional, commercial, industrial agriculturally related or recreational use, permitted within the
appropriate Zones, shall be erected or altered unless it complies with the Provincial Minimum
Distance Separation (MDS I), as amended from time to time, calculated using the Formulas set
out in the Appendices to this By-law. The above provisions shall not apply to lots existing as of
the date of the passing of this By-law that are less than 4 ha (9.9 ac) in area.
6.20.2 MDS II New or Expanding Livestock Facilities
Despite any other yard or setback provisions of this By-law to the contrary, no livestock facility or
manure storage facility shall be erected or expanded unless it complies with the Provincial
DRAFT July 2009 38
Minimum Distance Separation (MDS II), as amended from time to time, calculated using the
Formulas set out in the Appendices to this By-law.
6.21 MOBILE HOMES
The use of a mobile home for residential, business, industrial or institutional purposes, either
temporarily or permanently, is prohibited unless specifically permitted by this Bylaw. Where
permitted, a mobile home shall comply with the relevant provisions of this By-law.
6.22 ENVIRONMENTAL HAZARD & ENVIRONMENTAL PROTECTION SETBACKS
a) Where accessory buildings/structures to existing residential dwellings, enlargements of
existing buildings/structures and reconstruction of existing buildings/structures i are
permitted, a setback of 3 m (9.8 ft) from the EH / NE zone boundary shall apply in
addition to any other requirement of this By-law.
b) Where a vacant lot existed on the date of passage of this By-law, a building permit may
be issued for permitted buildings or structures provided that a setback of at least 3 m (9.8
ft) from the EH / NE zone boundary is maintained in addition to any other requirements of
this By-law.
c) Interpretation of the limits of the EH / NE zone boundaries is governed by regulations
contained in Section 2.6 of this By-law.
6.23 ENVIRONMENTAL HAZARD & ENVIRONMENTAL PROTECTION - LOT AREA
CALCULATION
Where any lot is zoned in part in a Natural Environment (NE) zone, no person shall erect any
buildings or structures within the area zoned Natural Environment (NE) zone except as otherwise
permitted in the Natural Environment (NE) zone. Lands zoned Natural Environment (NE) shall
not be used in the calculation of the lot area, but may be used for lot frontage, required yard, and
lot coverage as is required for the development occurring on that portion of a lot not zoned
Natural Environment (NE).
Where any lot is zoned in part in an Environmental Hazard Zone (EH), no person shall erect any
buildings or structures within the area zoned Environmental Hazard Zone (EH), except as
otherwise permitted in the Environmental Hazard Zone (EH). Land zoned Environmental Hazard
Zone (EH) may be used in the calculation of the lot area, and may be used for lot frontage and
yard setbacks, as is required for the development occurring on that portion of a lot not zoned
Environmental Hazard Zone (EH)
6.24 MUNICIPAL DRAIN SETBACK AND WATERCOURSE SETBACK
No building or structure shall be constructed closer than 30 m (98.4 ft) from the edge of an open
municipal drain or 15 m (49.2 ft) from the edge of an enclosed municipal drain.
Note: The Conservation Authority having jurisdiction in the Town has enacted its own
regulations under the Conservation Authorities Act. Permits may be required by the
Conservation Authority for any alteration, grading or construction in their regulated area, which
roughly corresponds to the EH and NE zone boundaries. These requirements apply in addition
to any requirements applied by the Town. If you are within or near any lands zoned EH or NE,
or near a watercourse, including a lake, pond, drain, river or stream, you should contact the
Conservation Authority
DRAFT July 2009 39
6.25 LAKE HURON AND GEORGIAN BAY FLOOD CONSTRAINT REGULATIONS
The placement of habitable structures on all lands adjacent to Lake Huron and Georgian Bay
shall be setback a minimum of 15 m (49 ft) (hatched area adjacent to high water mark on
Schedules) measured horizontally from the 177.6 G.S.C. (582.6ft) elevation..
6.25.1 Setbacks from Georgian Bay Shoreline
Notwithstanding any other provision in this By-law, no part of the habitable area of any main
building shall be located within 15.0 m of the 177.8 m G.S.C. elevation adjacent to Georgian Bay.
In addition to the above, and notwithstanding any other provision in this By-law, no detached
accessory building, swimming pool, deck, detached private garage or any other detached
accessory building with non-habitable floor area shall be located closer than 15.0 m from the
177.8 m G.S.C. elevation.
This provision shall not prevent:
a) The expansion of the habitable living area of a building that existed on the date this By-
law comes into effect, provided the additional habitable living area is not located closer to
the water's edge than the main building on the lot and provided the expansion complies
with all of the other applicable provisions of this By-law;
b) The erection of a second storey over any building or structure that existed in any location
on a lot when this By-law comes into effect, provided the additional floor area complies
with all other applicable provision in this By-law;
c) The replacement of a building that existed on the date this By-law comes into effect;
d) The erection of a deck on a lot, provided no part of the deck is located below the 177.8 m
G.S.C. elevation;
e) The erection of a new accessory building on a lot provided no part of the accessory
building is located below the 177.8 m G.S.C. elevation;
f) The expansion of an accessory building that existed on the date this bylaw comes into
effect provided no part of the accessory building is located below the 177.8 m G.S.C.
6.25.2 Setbacks from Lake Huron Shoreline
Notwithstanding any other provision in this By-law, no part of the habitable area of any main
building shall be located within 15.0 m of the 177.6 m G.S.C. elevation adjacent to Georgian Bay.
In addition to the above, and notwithstanding any other provision in this By-law, no detached
accessory building, swimming pool, deck, detached private garage or any other detached
accessory building with non-habitable floor area shall be located closer than 15.0 m from the
177.6 m G.S.C. elevation.
This provision shall not prevent:
a) The expansion of the habitable living area of a building that existed on the date this By-
law comes into effect, provided the additional habitable living area is not located closer to
the water's edge than the main building on the lot and provided the expansion complies
with all of the other applicable provisions of this By-law;
b) The erection of a second storey over any building or structure that existed in any location
on a lot when this By-law comes into effect, provided the additional floor area complies
with all other applicable provision in this By-law;
c) The replacement of a building that existed on the date this By-law comes into
6.26 ZONING OVER WATER BODIES
Except as otherwise provided, all lands below the high water mark elevation of 177.6 m G.S.C.
(582.6 ft), the water body itself, the space above the water body and the area from the inland side
of any shore road allowance to the high water mark, are zoned Environmental Hazard. Such
Environmental Hazard zone shall extend to the international boundary where applicable and all
inland lakes over 2 hectares (4.9 acres) in area.
DRAFT July 2009 40
6.27 NON-CONFORMING USES
a) Nothing in this By-law shall apply to prevent the use of any land, building or structure for
any purpose prohibited by this By-law if such land, building or structure was lawfully
established and used for such purpose on the date of passing of this By-law, and
provided that it continues to be used for that purpose.
b) Nothing in this By-law shall prevent the construction or use of any building or structure for
a purpose prohibited by this By-law, the plans for which have prior to the date of passing
of this By-law been approved by the Chief Building Official, so long as the building or
structure when constructed is used and continues to be used for the purpose for which it
was constructed. Such construction shall have commenced within six months after the
date of passing of this By-law, and such building or structure shall be completed within a
reasonable time after the construction is commenced.
c) Nothing in this By-law shall prevent the strengthening or restoration of a non-conforming
building or structure to a safe condition so long as the strengthening or restoration does
not alter the height, area, size or volume of the building or structure or change its use to
other than a conforming one.
d) Nothing in this By-law shall prevent a non-conforming building or structure, which is
partially or fully destroyed by fire, flood or Act of God from being restored or
reconstructed provided yard depths, height, area size or volume of the building or
structure as it existed at the time prior to the destruction are maintained or compliance
with the regulations of the Zone in which the building or structure is located is not further
reduced.
6.28 NON-COMPLYING USES
Nothing in this By-law shall prevent a non-complying use, building or structure from being
enlarged, extended (either vertically or horizontally), reconstructed, repaired or renovated
provided that the enlargement, extension, reconstruction, repair or renovation does not further
reduce the compliance of the use, building or structure with any provision of this By-law.
6.29 ONE MAIN BUILDING PER LOT
No more than one main building shall be constructed on a lot except as specifically permitted by
this By-law.
6.30 OUTDOOR DISPLAY AREAS
In a Highway Commercial Zone, Rural Commercial Zone, Industrial Zone, or Rural Industrial
Zone, the outdoor display, or outdoor keeping of goods, materials and equipment which is for
sale or lease, and which is accessory to the main use of the lot, shall be permitted in accordance
with the following regulations:
a) Shall not be located in any required yard setback.
b) Not comprise more than 40% of the total lot area.
c) Not obstruct or occupy any required parking area.
d) Be constructed of a stable surface and treated to prevent erosion and the escape of dust
and loose particles. Surface cover may consist of asphalt, approved granular material,
paving brick, concrete or similar hard-surfaced material.
e) Be graded and drained so as to prevent the pooling of surface water on them or the flow
of surface water onto adjacent lots.
f) Contain a minimum 1.5 m (5 ft) landscaped area between the outdoor display area and
any road other than areas used for access to the property.
DRAFT July 2009 41
6.31 OUTDOOR STORAGE AREAS
In a Highway Commercial Zone, Rural Commercial Zone, Industrial Zone, and Rural Industrial
Zone, the outdoor display or keeping of goods, materials and equipment used or produced by the
main use, and which is accessory to the main use of the lot, shall be permitted in accordance with
the following regulations:
a) Such storage area shall not be located in any required yard setback.
b) Such storage area shall not comprise more than 40% of the total lot area.
c) Such storage area shall be visually screened from view from the street and from any
abutting land zoned or used for residential, institutional or open space by a buffer area or
strip.
6.32 PARKING REGULATIONS
No building or structure shall be erected, enlarged or used in any zone unless facilities are
provided for off-street parking in accordance with the following regulations:
6.32.1 Size of Parking Spaces
Every off-street parking space shall have dimensions of not less than 2.7 m (9 ft) in width or less
than 5.5 m (18 ft) in length. Each such space shall have adequate means of access to or from a
public street or lane in accordance with the appropriate approval authority.
6.32.2 Parking Surfaces
a) All parking spaces and areas shall be constructed of a stable surface and treated to
prevent erosion and the escape of dust and loose particles. Surface cover shall consist of
asphalt, concrete, approved granular material, paving brick, or similar hard-surfaced
materials.
b) All parking spaces and areas shall be graded and drained so as to prevent the pooling of
surface water on them or the flow of surface water onto adjacent lots.
c) All parking areas shall be provided with curbing, wheel stops or other devices to prevent
motor vehicles from being parked or driven within required setback areas or onto required
landscaped open spaces.
6.32.3 Location of Parking Areas and Spaces
a) All parking spaces within a residential zone shall be to the rear of the front wall of the
main building, except that a driveway leading directly from the street to a required parking
space may be used for the temporary parking of motor vehicles.
b) Unless otherwise prohibited by this By-law, parking may be permitted within any required
side yard or any required rear yard of a residential zone.
c) Unless otherwise provided, no off-street parking space shall be located in any required
side yard or any required front yard.
d) Parking spaces within a commercial, industrial or institutional zone may be located within
any required yard, except that no parking area and/or space shall be located within 1.5 m
(5 ft) of a street, or within 4.5 m (14.8 ft) of any lot or zone containing a residential use.
6.32.4 Calculation of Parking Regulations
DRAFT July 2009 42
a) Where a part of a parking space is required in accordance with this By-law, such part
shall be considered one parking space for the purpose of calculating the total parking
requirements for the said use. In addition, where the number of parking spaces required
in accordance with this By-law is based upon the capacity of a building or structure, such
capacity shall be deemed to be the same as the maximum capacity for such building or
structure permitted by the Ontario Building Code, the Ontario Fire Code, or where
applicable, the Liquor Licensing Board of Ontario, whichever capacity is the lesser.
b) Where, on the date of passing of this By-law, a use of a lot does not comply with number
of parking spaces required by this By-law, such use shall not be interpreted to require
that the deficiency be made up prior to the construction of any addition or change of use
except that any additional parking spaces required for the addition or change of use are
provided in accordance with all provisions of this By-law.
Note: Parking for the Physically Disabled must be provided as per the Ontario Building
Code.
6.32.5 Parking For More than One Use in a Building
Where a building or structure accommodates more than one type of use, the parking space
requirements for the whole building shall be the sum of the requirements of the separate parts of
the building so occupied.
6.32.6 Parking Requirements for the General Commercial (C1) Zone
Despite other provisions of this subsection, there is no minimum parking requirement for uses,
buildings or structures on lands zoned GENERAL COMMERCIAL (C1) ZONE excepting for a
permitted residential use, in which case off-street parking spaces shall be provided on-site in
accordance with the provisions herein.
6.32.7 Minimum Number of Parking Spaces Required
TYPE OF USE MINIMUM NUMBER OF PARKING SPACES
Single detached 1/ unit
Semi/Duplex 1/ unit
Triplex/Fourplex 1.5/ unit
Accessory Dwellings 1/ unit
1.5/ unit + Visitor + Special parking for the physically
Apartment
disabled (at least one space)
Townhouses/ Cluster 1.5/ unit
Townhouses/ Street 1.5/ unit
Senior Citizens Accommodation 1/ unit
Seniors/Nursing Rest Home 1 / 4 beds + 1 / 4 employees
B&B 1/ guest room + 1/ proprietor
Hotel/Motel/Motor Hotel 1.5/ guest room
Boarding/Rooming/Lodging
1/ building + 1/ guest room
Establishments
Group Home 1 / 3 beds
Offices
Banks/Financial · 1/15 m2 (1/162 ft2) G.F.A
Business/Professional · 1/28 m2 (1/301 ft2) G.F.A
Billiards Parlours 1 / table
DRAFT July 2009 43
Bowling Alleys 3/ lane
The greater of 1/5 person or
Churches
1/9.3 m2 (1/100 ft2) G.F.A
Dry cleaning Depot 1/ 33 m2 (1/355 ft2)G.F.A
4/practitioner
Medical Clinic
Min 6 spaces
The greater of 1/5 person or
Places of Assembly
1/9.3 m2 (1/100 ft2) G.F.A
Post Offices/Museums/Art
Gallery/Library 1/27.9 m2 (1/300 ft2) G.F.A
Recreational Athletic 1/9.3 m2 (1/100 ft2) G.F.A
· Full service 1/ 4 persons
· Drive-in thru 5 spaces + 1 / 4 persons
Restaurant/Tavern · Drive thru 1/20.0 m2 ( 1/215 ft2) G.F.A
· Tavern/Bar 1 / 4 persons
· Retail floor area 1/ 27.9 m2 (1/300 ft2)
Retail Lumber/ Building Supply · Outdoor 1/50 m2 (1/538 ft2 )
· Interior warehouse 1/50 m2 ( 1/538 ft2 )
· Nursery 3/classroom
· Elementary 2/classroom
· Secondary 5/classroom
Schools · Commercial 1/20.0 m2 ( 1/215 ft2) G.F.A
· With places of assembly
All school + all places of assembly
Theatres 1/5 seats or 1/10 m2 (1/108 ft2) G.F.A
1/5 seats or 1/10 m2 (1/108 ft2) G.F.A
Funeral Homes
as place of assembly
Automotive
· Body/Repair · 4/ bay (Min 6)
· Sales · 1/46.5 m2 (1/501 ft2) G.F.A
· Service Station · 4/bay (Min 6)
· Car wash manual · 1/3 waiting spaces
· Car wash automatic · 1/6 waiting spaces
· Gas Bar · 1/fuel pump island
· 1/16.5 m2 (1/178 ft2) G.F.A
· 1/16.5 m2 (1/178 ft2) G.F.A
· Retail Commercial
· Furniture/appliance
· Retail Food
1/33 m2 (1/355 ft2) G.F.A
· Retail Sales/Service
· Audio/Electronic
1/20.0 m2 (1/215 ft2) G.F.A
· Warehouse · 1/200 m2 (1/2153 ft2) G.F.A
· Wholesale · 1/80 m2 (1/861 ft2) G.F.A
Truck Terminal 1/50 m2 (1/538 ft2) G.F.A
· Plaza
1/20 m2 (1/215 ft2) G.F.A
· Uses not Retail
All other Commercial Uses 1/28 m2 (1/302 ft2) G.F.A
· All others
1/46.5 m2 (1/501 ft2) G.F.A
Type of Use Minimum Number of Parking Spaces
· Industrial use · 1/90 m2 (1/969 ft2) GFA Min 5 spaces
DRAFT July 2009 44
+ Visitor (3 max for 15m ( 49.2ft) front )
· Industrial Mall 1/33 m2 ( 1/355 ft2 ) G.F.A
6.32.8 PARKING/STORAGE OF RECREATIONAL OR COMMERCIAL VEHICLES IN A RESIDENTIAL
ZONE
a) The parking or storage of a derelict vehicle, disabled boat or unoccupied motor home or
trailer within lands zoned for residential purposes shall be prohibited unless it is stored in
an enclosed garage or other accessory building. However one boat and one unoccupied
motor home or trailer currently licensed may be stored in a side or rear yard.
b) Automotive vehicles, motor home or trailers without current license plates shall not be
parked or stored on lands zoned for residential purposes other than in completely
enclosed buildings.
c) No land, building or structure on lands zoned for residential purposes, shall be used for
the parking or storage of any commercial vehicle (licensed or unlicensed), unless:
i) The vehicle is owned or used by the owner or occupant of such land,
building or structure.
ii) The commercial vehicle has a maximum carrying capacity of 2400
kilograms.
iii) Not more than one commercial vehicle is parked or stored on a
residential lot..
This provision shall not include the parking of commercial vehicles at residential premises
for the purpose of providing a delivery of service to the premise.
d) Truck bodies or truck trailers shall not be used for the storage of goods or materials.
6.33 RESIDENTIAL CONVERSIONS
Where specifically permitted by this By-law, a single-detached dwelling legally existing on the day
of the passing of this By-law may be converted to a duplex provided the following regulations are
maintained:
a) That any exterior stairways required for such conversion shall be located in a side or rear
yard.
b) That all other provisions of this By-law for the applicable zone, such as off-street parking,
shall be maintained.
6.34 STREET SETBACK STANDARDS
Where the regulations of a Zone include a requirement that the minimum yard of a lot or parcel of
land shall be a specific number of meters "plus any applicable distance as specified in Section
5.32", the following shall apply:
No building or structure shall be erected closer than 33 metres from the centreline of a
County Road, except where
a) The subject lot is located in an R1A, R1B, R3, 4, C1A, C1B, MU1 or C2 zone, or
b) Where a building is located between two permanent dwellings on the same side of the
road separated by not more than 100 metres, the minimum setback from the centreline of
DRAFT July 2009 45
the County road shall be the average of the setback of the two dwellings plus two metres,
or 33 metres, whichever is the lesser.
6.35 BUILDINGS IN BUILT-UP AREAS
a) Despite any other section of this By-law to the contrary, in any residential zone between
existing buildings or adjacent to existing buildings within 61 meters (200 feet) on the
same block, residences shall be built within a setback equal to the average setback of the
adjacent buildings, but shall not be less than 4.5 meters (15 feet) from the front lot line.
b) Despite anything in this By-law to the contrary, where an existing building encroaches
into the required front or exterior yard setback as established in this By-law, additions to
the existing building may be permitted, provided this By-law is not further contravened
6.36 TEMPORARY CONSTRUCTION USES, BUILDINGS AND STRUCTURES
a) Nothing in this By-law shall prevent the use of any land, or the construction or use of any building,
trailer, or structure for a construction camp, work camp, temporary accommodation, tool shed,
scaffold or other building or structure incidental to and necessary for construction work on the lot,
but only for as long as such use, building or structure is necessary for such construction work
which has not been finished or abandoned. All temporary buildings and/or construction facilities
shall be noted on the Building Permit at time of issuance. All temporary construction uses,
buildings and structures must conform to the zone provisions of the applicable zone.
6.37 UNDERSIZED LOTS/EXISTING LOTS OF RECORD
Where a lot legally exists and has less lot area or frontage than required by this By-law, or where
a lot has lesser lot area or frontage than required by this Bylawit may be used for a permitted use,
building or structure provided all other provisions of this Bylaw are met.
6.38 USES PERMITTED IN ALL ZONES
The following uses are permitted in all zones except the EH and NE2 zone:
a) The use of land for a street or a public railway, including any installations, structures,
appurtenant thereto.
b) The use of any land for a public park, public playground, public walkway or as a site for a
public memorial or ornamental structure including, but not so as to limit the generality of
the foregoing, a statue, a monument, a cenotaph or a fountain.
c) Installation or maintenance of a water main, well, water tower, including any associated
water treatment facility, sanitary sewer main, storm sewer main, pumping station, gas
main, pipeline, storm water management facility, lighting fixture, overhead or
underground electrical services, cable television, telegraph or telephone line or
associated tower or transformer, communication towers and antennas, cellular telephone
towers and antennas together with any installations or structures appurtenant thereto.
6.39 USES PERMITTED IN ALL RESIDENTIAL ZONES
Where such a public, building or structure, is located above ground in a Residential Zone:
a) No goods, materials or equipment shall be stored in the open.
b) Lot coverage and yard regulations prescribed for the use shall be complied with.
DRAFT July 2009 46
c) Any building erected under the authority of this section shall not be used for the purpose
of an office, and shall be designed and maintained in general harmony with the character
of the uses, buildings or structures permitted in such zone.
6.40 USES RESTRICTED IN ALL ZONES
Despite any other provision of this By-law to the contrary, no use shall be permitted anywhere
within the Town which, from its nature, materials used therein or emissions issuing there from, is
declared to be a noxious trade, business or manufacture under The Health Protection and
Promotion Act, as amended.
6.41 YARD ENCROACHMENTS
Every part of any yard required to be provided in any zone shall be open and unobstructed from
the ground to the sky, except that:
a) In any yard, there may be established or maintained the projections of window sills,
chimney breasts, belt courses, cornices, eaves and other minor architectural features,
provided that no such features shall project more than 76.2 cm (30.0 in) into any required
yard.
b) Open and unenclosed porches, uncovered decks, balconies and steps may project into
required yards as follows:
i) Front yard - no more than 3 m (9.8 ft)
ii) Rear yard- no more than 3.7 m (12 ft)
ii) Side yards - no more than 1 m (3.3 ft)
c) Unenclosed fire escapes may project into any required yard a maximum distance of 1.5
m (5 ft)
d) Fences, freestanding walls, flagpoles, light standards, air conditioners, heat pumps and
similar accessory structures and appurtenances, as well as hedges, trees and shrubs are
permitted in any required yard, provided they comply with the Day lighting (Sight)
Triangle applicable requirements of this By-law.
e) On a corner lot, in a residential zone, the interior side yard requirements may be used in
place of rear yard requirements for single detached, semi-detached and duplex
residential dwellings.
6.42 GARBAGE STORAGE AREAS
No garbage or refuse shall be stored on any lot in any zone except within:
a) The main building or
b) Any accessory building or structure on such lot or
c) In a container in the side yard or rear yard of a lot; no closer to the lot line than 3 metres.
d) All garbage or refuse storage areas, including any garbage loading or unloading areas,
which are visible from an adjoining site in a residential, commercial, institutional or open
space zone, or from a public street, shall have a visual screen consisting of a fence that
is a minimum of 2 m (6.6 ft) in height
DRAFT July 2009 47
SECTION 7 ZONES, MAPS AND BOUNDARIES
7.1 ZONE DESCRIPTIONS
For the purposes of this By-law, the following zones are hereby established and may, in the text
and accompanying Schedule "A", be referred to by the descriptive name or by the symbol as
indicated below:
DESCRIPTIVE NAME OF ZONE SYMBOL SECTION
General Agriculture RU1
Detached Residential (Un-serviced) R1A
Detached Residential (Serviced) R1B
Resort Residential R2
Low Density Multi Family Residential R3
Medium Density Multi Family Residential R4
General Commercial (Un-serviced) C1A
General Commercial (Serviced) C1B
Mixed Use (Serviced) MU1
Neighbourhood Commercial C2
Marine Commercial (Serviced) C3
Resort Commercial C4
Campground Commercial C5
Highway Commercial C6
Industrial M1
Extractive Industrial M2
Institutional I
Open Space OS
Planned Development PD
Environmental Hazard EH
Natural Environment Significant Areas NE1
Natural Environment Wetland Areas NE2
Exceptions
7.2 EXCEPTIONS (SPECIAL PROVISIONS)
Where a zone symbol applying to certain land, as shown on Schedule "A", is followed by a dash
and a number (e.g. C3-1), then an exception has been made to the zone regulations and special
provisions will apply to such land. Particular reference should be made to Section 37 of this
Bylaw for a listing of the Exception Zones and the specific provisions applying to them.
7.3 HOLDING PROVISIONS
Where an (h) appears as a suffix to a zone symbol on Schedule "A", such land shall be subject to
specific holding provisions until such time as this By-law has been amended to remove the
relevant (h) symbol.
DRAFT July 2009 48
The conditions under which the specific holding provision may be removed can be found within
the Holding Provisions section of each zone category or, if related to an exception zone, within
the Exceptions section of each zone of this By-law.
7.4 ZONE MAPS
The extent and boundaries of all of the said zones are shown on Schedule "A" (Zone Maps),
which together with all notations, references and other information shown thereon, is hereby
incorporated in and declared to form part of this By-law to the same extent as if fully described
therein.
7.5 CLOSED STREET, LANE, RAILWAY OR HIGHWAY RIGHT-OF-WAY
a) Where a street, lane, railway or highway right-of-way, or portion thereof as shown on a
Zone Map is hereafter closed or diverted, the property formerly in said street, lane,
railway or shall be included within the zone of the adjoining property on either side of the
said closed street, lane, railway or highway right-of-way.
b) Where the said street, lane, railway or was a zone boundary between different zones, the
new zone boundary shall be the former centerline of the said street, lane, railway or
highway right-of-way.
DRAFT July 2009 49
SECTION 8 GENERAL AGRICULTURE ZONE RU1
8.1 SCOPE
On lands zoned Agricultural A1, all uses are prohibited unless expressly permitted by this Bylaw.
8.2 PERMITTED USES
· Agricultural Uses
· Agriculture Related Uses
· Equestrian Center
· Farm
· Forestry
· Greenhouse
· Home Occupation
· Home Industry
· A Single detached Residential Dwelling on a lot
· Conversion of a Single detached Residential Dwelling accessory to a Farm for one
additional residential dwelling unit in accordance with Section 5.30
· Wayside Pits
· Wayside Quarries
· Temporary Portable Asphalt Plant in a Wayside Pit or Quarry
· Recreational Trails operated by a Public Agency
· Conservation
· Seasonal Agricultural Produce Stand 3
· Secondary Uses
· Temporary Farm Accommodation
· Public uses limited to public transportation, utility and communication facilities and
structures
8.3 ZONE PROVISIONS
Lots Larger Than 25 ac Lots Smaller Than 25 ac
Minimum lot area 40 ha (100 ac) 0.8 ha (2 ac)
Minimum lot frontage 122 m (400.3 ft) 30.5 m (100.1 ft)
Minimum front yard
For residential dwellings 20 m (66 ft) 18.3 m (60 ft)
For livestock buildings, structures & 20 m (66 ft) minimum or applicable MDS requirements
manure storage which ever is greater
For buildings accessory to dwellings 20 m (66 ft)
Shall be subject to the
For all other buildings & structures applicable regulations of
20 m (66 ft)
accessory excluding livestock facility Section 6 General
Provisions of this By-law.
Minimum interior side yard
For residential dwellings 6 m (19.7 ft) 3 m (9.8 ft)
For buildings accessory to dwellings
6 m (19.7 ft)
(up to 14 m2)
For livestock buildings, structures & 18.3 m (60 ft) minimum or applicable MDS
manure storages requirements which ever is greater
Shall be subject to the
For all other buildings & structures
applicable regulations of
accessory excluding livestock facility 18.3 m (60 ft)
Section 6 General
(over 14 m2 of gross floor area)
Provisions of this By-law.
DRAFT July 2009 50
Minimum exterior side yard
7.5 m (24.6 ft) plus the
applicable distance
required by the applicable
For residential dwellings (a) 18.3 m (60 ft)
Road Authority as
specified in Section 5.32
of this By-law
For livestock buildings, structures & 18.3 m (60 ft) minimum or applicable MDS
manure storages (b) requirements which ever is greater
Shall be subject to the
15.2 m (49.9 ft0
applicable regulations of
For all other buildings & structures accessory excluding
Section 6 General
livestock facility
Provisions of this By-law.
Minimum rear yard
For residential dwellings (a) 7.5 m (24.6 ft) 7.5 m (24.6 ft)
For buildings accessory to dwellings 6 m (19.7 ft)
For livestock buildings, structures & 18.3 m (60 ft) minimum or applicable MDS
manure storages (b) requirements which ever is greater
Shall be subject to the
For all other buildings & structures applicable regulations of
18.3 m (60 ft)
accessory excluding livestock facility Section 6 General
Provisions of this By-law.
RESIDENTIAL DWELLINGS
Minimum ground floor area 111.5 m2 (1,200 ft2)
Maximum building height 2.5 stories
Despite the above minimum lot area requirement, lots legally existing as of the date of passing of
the Zoning By-law, or created by consent after the date of passing of this By-law and having a lot
area of less than 40 ha (100 ac) may be used for a permitted use provided all other requirements
of this By-law are met.
8.3 SETBACK FOR TEMPORARY PORTABLE ASPHALT PLANT
Wayside pits and quarries, portable asphalt plants and portable concrete plants used on public
authority contracts shall be permitted, without the need for an official plan amendment, rezoning
or development permit under the Planning Act in all areas, except those areas of existing
development or particular environmental sensitivity which have been determined to be
incompatible with extraction and associated activities. No temporary portable asphalt plant may
be situated closer than 90 m (295 ft) from a residential building.
8.4 SEASONAL AGRICULTURAL PRODUCE STANDS
Seasonal agricultural produce stands may be permitted in association with an agricultural use,
building or structure subject to the following:
8.4.1 PROVISIONS FOR SEASONAL AGRICULTURAL PRODUCE STANDS
Minimum lot area 10.1 ha (25 ac)
Maximum floor area 23 m2 (247.6 ft2)
7.5 m (24.6 ft), or the applicable distance required by the
Minimum front yard applicable Road Authority as specified in Section 5.32 of this By-
law, whichever is greater.
DRAFT July 2009 51
8.5 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
RESIDENTIAL USES PROHIBITED
RU1-aa
RU1-c (4-92) Pt Lt 15, Con 12 EBR Albemarle
RU1-f Albemarle Forbes 58-2005 Pt Lt19, Con 2 EBR
RU1-86-2007 7961 HIGHWAY 21; and 7997 HIGHWAY 21; CON A LOTS 4 &5, (Amabel) MAP
13
· Residential uses are prohibited
LIMITED LIVESTOCK UNITS
RU1-bb
RU1-e Albemarle Forbes 58-2005 Pt Lt 18 & 19, Con 2 EBR
RU1- 86-2007 30 SIDEROAD 5; CON A LOTS 4 &5, (Amabel) Kampert MAP 13
RU1-85-2008 Pt Lot 34 Con 1 SCD (Amabel)
· The number of livestock units is limited to 0.5 livestock units per acre (1.24 livestock units
per hectare).
NO FRONTAGE ON OPEN ROAD
RU1-cc
Pine Bark Lane
Teddy Bear Lane
Birch Lane
Given Lane
Catapilar Lane
Berford Park Road
· The Lands zoned shall be exempt from the requirements of Section 6.6 (a), "Frontage on
Public Street" requirements of the Comprehensive Zoning By-law. .
BED AND BREAKFAST
RU1-dd
Pt Lot 36, Con 1 SCD (Amabel)
· A Bed and Breakfast in accordance with Section x.xx shall be a permitted use.
RU1-69-2008 137 Bruce Rd 9, Pt Lot 13 Con 8 EBR (Albemarle) MAP 34
Notwithstanding their RU1 zoning designation the lands delineated as RU1-g on Schedule "A" to
this By-law may be used in compliance with the RU1 zoning provisions contained in this By-law
excepting however that:
· A reduced minimum lot area from 1.0 ha (2.5 ac) to 0.4 ha (1.0 ac) is recognized.
· A reduced minimum front yard setback from 7.5 m (25 ft) to 3.0 m (9.5 ft) for the existing
building is recognized.
· Future development on the property shall be in accordance with Section 12.2 Zone
Provisions for the R1 Detached Residential zone.
RU1-17-1989 RU1-b Pt Lt 21, Con 12 EBR Albemarle MAP 31
DRAFT July 2009 52
· A rural machine shop may be permitted in an out building.
· Any out building housing a rural machine shop shall have a maximum gross floor area of
145 m2 (1,560.8 ft2).
· No more than 3 non-family persons shall be employed by a permitted rural machine shop
RU1-3-1993 RU1-d (3-93) Pt Lt 15, Con 8 EBR (RP 3R4369 Pt 2 ) Albemarle Carter MAP 34
· A garden suite may be permitted in accordance with the following provisions:
· Definition - Garden Suite - means a detached residential unit accessory to a primary
residence located within a zone
· Permitting such residential use, owned by the C.M.C.H with the use of such unit being
expressly provided for by means of an agreement between the owner of the lands, the
occupant of the garden suite and the Canada Mortgage and Housing Corporation.
· The maximum number of garden suites shall be one.
· A garden suite shall be subject to the same setback provisions applicable to a Detached
Residential Dwelling
RU1-xxxx Lt 16, Con 9 Amabel) MAP 15
· A motor car and motorcycle race track, buildings, structures and retail accessory uses to
the permitted use may be permitted on Part Lot 16, Concession 9 and shall be licensed
by the Municipality and only the area defined within the license shall permit this use.
RU1-37-1988 RU1-b (Pt Lot 24, Con B) Amabel 37-88 MAP 11
· A retail outlet selling Tack equipment and Crafts shall be permitted to operate from an
accessory structure in accordance with the following:
· Maximum retail floor space shall be 32.5 m2 (350 ft2).
· Minimum number of parking spaces shall be 4.
· Maximum advertising sign size shall be 0.4 m2 (4 ft2).
RU1-40-1998 Pt Lt 6, Con 17 (Amabel) MAP 26
· Additional permitted uses: a home occupation comprising of the education and general
instruction to a maximum of 10 students.
· Classroom area shall not occupy more than 50 % of floor area.
RU1-31-2004 Pt Lt 9, Con C Amabel (Stewardson) MAP 11
· Minimum rear yard setback shall be 134 m (439 ft)
RU1-27-1989 RU1-27-89 Lot 20, Con 9 Amabel MAP 9
· Permitted uses
o Contractors Yard
Contractors Yard involving the storage of equipment and material normally associated
with the operation of a commercial floor installation and refinishing establishment, such
use shall exclude the outside storage of equipment and material other than commercial
motor vehicles.
· Accessory Uses
o An accessory office, display area and the retail sales of flooring and accessories shall be
permitted as an accessory use to the principal use, such accessory uses shall be no
greater then 70 m2 (750 ft2) in area.
· Lands zoned as A1-27-89 shall be subject to the zone provision of the M3 Rural
Commercial / Industrial zone.
RU1-83-2002 RU1-m 83-2002Pt Lt 17 & 18, Con B (Amabel) MAP 11
DRAFT July 2009 53
· All of the uses permitted in the A1 zone shall apply to the subject lands including a grain
and salt distribution business.
· The west side yard setback may be 7.6 m (25 ft).
RU1-19-2002 RU1-x 19-2002 Pt Lt 12, Con 9 (Amabel) (2242, 13-96) MAP 15
· The permitted uses shall be limited to:
· Antique and classic automobile dealership
· Accessory detached dwelling as it existed on the date of passing of this by-law (January
28, 2002).
· No outdoor storage or display of automobiles or parts is permitted.
· The antique and classic automobile dealership shall not include the repair, servicing or
repainting or otherwise modify the automobiles stored on site.
· One sign may be erected for advertising the establishment as permitted under a site plan
control agreement.
· A site plan control agreement shall be entered into for the lands zoned as RU1-1x.
RU1-35-1998 RU1-35-98 Pt Lt 52, HMS (Amabel) (Pt 1, RP 3R6131) MAP 12
· Additional uses to the residential use of the subject lands may include the following uses:
· A wood working shop.
· The inside storage of lumber and building materials.
· The inside storage of contractors equipment
· The sawing and drying of lumber
· A contractor's yard
· The outside storage of wood or other products shall be prohibited except in the area to
the rear of the existing accessory building.
· The retailing of wood or lumber products from the subject lands shall be prohibited.
· Planting areas shall be maintained in the required front and side yards in accordance with
the following criteria:
· Width of Planting Area unless otherwise provided a planting area shall haave a
minimum width of one meter (3.3 feet).
· Vegetation Height the required hedgerow or screen of shrubs and/or evergreens shall
be a minimum height of 1 meter (3.3 feet) when planted and of a type that will attain a
minimum height of 3 meters (9.9 feet) at maturity.
· No vegetation within a sight triangle shall exceed the height of 1 meter (3.2 feet).
· Interruption for Driveway or Walkway where interrupted by walkways or driveways, a
planting area need not be provided closer than 1.5 meters (5 feet) to a walkway or 3
meters (10 feet) to a driveway.
· Landscaped Open Space a planting strip referred to in this subsection may form part of
any Landscaped Open Space required by this By-law.
RU1-12-1998 Pt Lt 14, Con 10 (Amabel) MAP 15
RU1-25-1998 W Pt Lt 13, Con 12 (Amabel) MAP 16
· Additional permitted uses: A boarding kennel that provides boarding for not more than 20
animals.
RU1-9-1992 RU2-g Pt Lt 28, Con 7 EBR Albemarle 9-92 MAP 23
· A private tennis club may be permitted in accordance with the following provisions:
· PRIVATE TENNIS CLUB means a lot or part of a lot used for tennis court and structures
accessory to a tennis court, with such facilities having nor more than 50 members and
such facilities not available to non-members.
· The maximum number of tennis courts shall be one (1).
· Ten (10) parking spaces shall be provided in accordance with Section 6.17.3 of Zoning
By-law 25-86.
RU1-9-23 RU2-j Lt 23, Con 3 WBR (9-23 Hunter) Albemarle MAP 18
DRAFT July 2009 54
· An automobile/farm machinery repair establishment may be permitted in accordance with
the following provisions:
· AUTOMOBILE/FARM MACHINERY REPAIR ESTABLISHMENT means a building, lot or
part of a lot used for the servicing, repair, cleaning, polishing, and greasing of vehicles
including farm machinery, and may not include the wrecking or dismantling of vehicles or
machinery for salvage or the sale of salvaged parts obtained thereof.
· Lot area shall be 12 acres (4.8 hectares).
· Parking shall be provided for in accordance with Section 6.17.1(t) of zoning by-law no.
25-86 as amended.
· Maximum number of buildings in which automotive and farm machinery repair
establishment shall take place within: one (1)
· One sign shall be permitted advertising the automotive/farm repair establishment with a
maximum dimension of 2 feet by 2 feet.
· A planted buffer area shall be provided adjacent to the Township Road in accordance
with Section 6.15 of Zoning by-law No. 25-86 as amended.
· The outside storage of unlicensed vehicles shall be limited to an area not visible from the
road.
RU1-7-1998 RU2-n Pt Lt 20, Con 5 EBR (Albemarle) 7-98 MAP 23
· The minimum lot frontage shall be 70 m (229 ft).
· All buildings and structures shall be set back 30 m (98.4 ft) from the high water mark.
· Direct driveway access to the subject lands shall be established from Mar Sideroad.
RU1-2040 Pt Lot 24 Con C (Amabel) Map 9
· Permitted non-residential uses:
· Welding and fabricating shop
· Building, structures accessory to a permitted use.
RU1-84-1989 RU2-84-89 Pt Lot 22 Con 23 (Amabel) MAP 6
· Permitted uses an existing cottage rental establishment containing three rental cottages
and one principal residence.
RU1-76-2006 RU2-a 76-2006 110 Bruce Street, Part Lot 1 Concession 9 (Hepworth) MAP 28
· An antique store is permitted within the existing residential dwelling.
· The said dwelling unit is occupied as a place of residence by the individual operating the
home occupation.
· There is no external storage of goods or materials.
· Not more than twenty-five (25) per cent of the total floor area of the dwelling unit is
devoted to the home occupation
RU1-46-2007 RU2-l 46-20077 60 Highway 6; Con 3 EBR Pt Lt 27 Albemarle Selah Camp MAP 23
· The permitted uses are limited to a paintball range defined as:
o "An outdoor facility used for the discharging of paintball guns for the purpose of target
practice, simulative combative games, or similar competitions. Excluded from these
facilities shall be general hunting and the unrestricted and nonrecurring discharging of
firearms.
· A maximum 20 space parking facility is permitted as an accessory to the paintball range.
RU1-40-2003 Pt Lt 8, Con C (Amabel) MAP 11
· A second dwelling, to be used a guest home will be permitted.
DRAFT July 2009 55
RU1-71-2007 RU1-71-2007 Pt Lt 10, Con C (Amabel) Mathies (RU1-t) MAP 11
· Notwithstanding Section 9, those lands described as 97 Skipness Road; ,CON C LOT 10,
(Amabel), Town of South Bruce Peninsula and delineated as 'RU1-t' on Schedule 'A' to
this By-law shall be used in compliance with the 'RU1' zone provisions contained in this
By-law, excepting, however, that:
· A `Garden Suite' shall be a permitted temporary use. For the purposes of this By-law, the
term `Garden Suite' shall mean a one-unit detached residential structure containing
bathroom and kitchen facilities that is ancillary to the existing residential structure and
that is designed to be portable.
· The Council of the Corporation of the Town of South Bruce Peninsula may at its own
discretion, require the owner of the subject lands or any other persons to enter into an
Agreement with the Municipality pursuant to Section 39.1 of the Planning Act, R.S.O.
1990, as amended;
· The period of time for which this By-law shall be in effect, shall not exceed ten (10) years
from the day of the passing of the by-law (i.e. 17th day of November 2014) or sooner
should the use of the `Garden Suite' as a residential unit cease or whichever is lesser.
DRAFT July 2009 56
SECTION 9 UN-SERVICED DETACHED RESIDENTIAL ZONE R1A
9.1 SCOPE
No uses are permitted on lands zoned Un-Serviced Detached Residential Zone R1A unless
expressly permitted by this Bylaw.
9.2 PERMITTED USES
· A single detached residential dwelling
· Home Occupation
· Conversion of a Single Detached Residential Dwelling for one additional Residential
Dwelling Unit in accordance with Section 5.30
· Day Nursery (Licensed)
· Public Park
9.3 ZONE PROVISIONS
Minimum lot area 2000 m2 (0.5ac)
Minimum lot frontage 30.5 m (100.1ft)
Minimum front yard 9 m (29.5 ft)
Minimum interior side yard 3 m (9.8 ft)
Minimum exterior side yard 7.6 m (25 ft)
Minimum rear yard 9 m (29.5 ft)
10.5 m (34.5 ft) or two and a half (2.5) stories whichever is
Maximum building height
greater
Maximum lot coverage 30 %
Minimum ground floor area 102.2 m2 (1,100.1 ft2)
9.4 CONVERTED RESIDENTIAL DWELLING
a) A maximum of one (1) additional dwelling unit shall be permitted in any conversion of a
single detached dwelling
b) Only single detached dwellings existing as of the date of the passing of this By-law and
having floor areas of at least 140 m2 (1507 ft2) shall be allowed to be converted.
c) The dwelling unit created shall be fully self-contained and shall have a minimum floor
area of 45 m2 (484.4 ft2).
d) Exterior stairways shall be located only in a rear yard or side yard.
e) All other requirements for single detached dwellings in Section 12.2 shall apply
9.5 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
R1A-61-2001 Pt Lot 10, Con A (Amabel) MAP 14
· A home occupation
· A seven (7) unit senior's boarding house
DRAFT July 2009 57
· A sign to be erected for the home occupation detached from the main building.
R1A-8-1997 Pt Lt 2, Con 6 (Amabel) Park Head MAP 27
· The lands shall be exempt from Section 6.5 of the By-Law "Frontage on a Public Street"
· All habitable buildings shall be constructed above the 218.5 G.S.C.
R1A-71-2008 162 Bruce Rd 9, Plan D8 Unit 25 (Albemarle) Colpoy's Bay MAP 30
· Notwithstanding their R1 zoning designation the lands delineated as R1-e-H on Schedule
"A" to this By-law may be used in compliance with the R1 zoning provisions contained in
this By-law excepting however that:
· Recognize a reduced minimum lot area from 3000 m2 (32 293 ft2) to 828 m2 (8 913 ft2)
· Recognize a reduced minimum lot frontage from 35m (115ft) to 20.4m (66.95ft).
· Permit a reduced rear setback from 10 m (33 ft) to 3 m (10 ft).
· The holding can be removed once the Chief Building Official has accepted an engineered
site plan prepared by a qualified professional showing a septic system design that meets
the requirements of Part 8 of the Ontario Building Code.
DRAFT July 2009 58
SECTION 10 SERVICED DETACHED RESIDENTIAL ZONE R1B
10.1 SCOPE
No uses are permitted on lands zoned Serviced Detached Residential Zone R1B unless
expressly permitted by this Bylaw.
10.2 PERMITTED USES
· Single detached residential dwelling
· Home Occupation
· Boarding, lodging or rooming establishment not exceeding 5 rooms or dwelling units for
let
· Converted dwelling existing as of the date of passing this By-law as specified in Section
5.30 of this By-law.
· Group Home
· Nursing Home
· Home for the Aged, Rest Home
· Private Home Day Care
· Day Care Nursery (Licensed)
· Public Park
10.3 ZONE PROVISIONS
Partial Municipal Services
Full Municipal Services
(Water or Sewer)
Minimum lot area 465 m2 (5000 ft2) 1 500 m2 (16 140 ft2)
Minimum lot frontage 15 m (50 ft) 30 m (100 ft)
Minimum front yard 7.6 m (24.9 ft) 9 m (29.5 ft)
One Storey 1.2 m (3.9 ft) One Storey 1.2 m (3.9 ft)
Minimum interior side yard More than one More than one
1.8 m (5.9 ft) 1.8 m (5.9 ft)
Storey Storey
Minimum exterior side yard 7.6 m (24.9 ft) 7.6 m (24.9 ft)
Minimum rear yard 7.6 m (24.9 ft) 7.6 m (24.9 ft)
Maximum building height 10.5 m (34.5 ft) 10.5 m (34.5 ft)
Maximum lot coverage 40 % 40 %
Less than two Less than two
90 m2 (960 ft2) 90 m2 (960 ft2)
storey storey
Minimum floor area
Two or more Two or more
139 m2 (1496.2 ft2) 139 m2 (1496.2 ft2)
storey storey
10.4 CONVERTED RESIDENTIAL DWELLING
a) A maximum of one (1) additional dwelling unit shall be permitted in any conversion of one
single detached dwelling.
b) Only single detached dwellings existing as of the date of the passing of this By-law and
having floor areas of at least 140 m2 (1507 ft2) shall be allowed to be converted.
c) The residence to be converted shall be structurally sound for such conversion.
d) The dwelling unit created shall be fully self-contained and shall have a minimum floor
area of 45 m2 (484.4 ft2).
e) Exterior stairways shall be located only in a rear yard or side yard.
DRAFT July 2009 59
f) All other regulations for single detached dwellings in Section 12.2 shall be maintained.
10.5 OTHER PROVISIONS
No new development shall be permitted unless such development is serviced by full municipal
water supply and sanitary sewers.
10.6 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
CONVERTED DWELLING
· R1B-g multiple locations within Wiarton MAP 29 & 30
Converted dwelling
BED AND BREAKFAST
· R1B-d multiple locations within Wiarton MAP 29&30
Bed and Breakfast
NO MUNICIPAL SEWER SERVICES
R1B-a - R1-a multiple locations within Wiarton
· Connection to municipal sewers shall not be required.
· The minimum lot area shall be 1393.5 m2 (15000 ft2).
· The minimum lot frontage shall be 29.9 m (98 ft).
· The minimum side yard shall be 18 m (59 ft) on one side and 1.5 m (5 ft) on the other
side.
· The maximum lot coverage shall be 15%.
· (Note it is the intent of the R1 B - a Zoning provisions to permit development of existing
lots of record within the R1 B - a Zoning in such a manner that additional infilling lots may
be created once full municipal services become available. Hence the large sideyard
setback requirements of this zone. This note is intended for explanatory purposes only
and does not form part of this by-law).
R1B 24-1992 R1-n-H 1992.24 Pt of Pk Lt I, South of Division, North of Frank Wiarton MAP 29
· Minimum lot area shall be 557.4 m2 (6,000 ft2).
R1B-22-2007 R1-r 22-2007 294 Berford St, Plan 266, Lt 8 to 10 (Wiarton) Bruce Peninsula Community
Living Association MAP 29
· Two dwellings are permitted on the lot
· An apartment dwelling is a permitted use in addition to the permitted uses of the R1 zone.
· The minimum south side yard setback shall be 0.33 m (1 ft)
· Despite Section 6.29, the minimum required number of parking spaces shall be reduced
to 7.
DRAFT July 2009 60
SECTION 11 RESORT RESIDENTIAL ZONE R2
11.1 SCOPE
No uses are permitted on lands zoned Resort Residential Zone R2 unless expressly permitted by
this Bylaw.
11.2 PERMITTED USES
· Single detached residential dwelling
· Home Occupation
11.3 ZONE PROVISIONS
Minimum lot area 5000 m2 (53,821 ft2)
Minimum lot frontage 30.5 m (100.1ft)
Minimum front yard 9 m (29.5 ft)
Minimum interior side yard 3 m (9.8 ft)
Minimum exterior side yard 7.6 m (25 ft),
Minimum rear yard 9 m (29.5 ft)
Maximum building height 10.5 m (34.5 ft) or two and a half (2.5) stories whichever is lesser
Maximum lot coverage 30 %
Minimum ground floor area 102.2 m2 (1,100.1 ft2)
11.4 ISLAND DEVELOPMENT - ZONE PROVISIONS
Despite Section 14.3, no person shall erect and/or use any building or structure on an island
except in accordance with the following provisions:
2 ha (4.94 ac) with at least 1 ha (2.47 ac) above
Minimum Lot Area
the high water mark
Minimum Building Setback from the High
15 m (49 ft)
Water Mark
Minimum Ground Floor Area 50 m2 (538 ft2)
Maximum Building Height Main Building 10 m (32.8 ft)
Maximum Building Height Accessory
5 m (16 ft)
Building
Maximum Number of Accessory Buildings 3
Maximum Lot Coverage 8%
11.5 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
NO FRONTAGE ON AN OPENED ROAD
R2-c-H
· Lands zoned as R2-c are relieved from Section 6.10, "Frontage on Public Street" and
may be used in accordance with the provisions for the R2 zone even though the lands do
DRAFT July 2009 61
not have frontage onto an improved public street opened and maintained on a year round
basis.
BED AND BREAKFAST
R2-dd 9 Hea Rd., Con 5 WBR Pt Lt 21 (RP 3R4018 Pt 4) (RP 3R5469 Pt 4) Albemarle MAP 3
2932 Bruce Rd 13, Con 21 Pt Lt 21 Amabel, MAP 7
· A Bed and Breakfast establishment as per Section x.xx is a permitted use.
R2-15-1988 or 1998 R2-d 15-88 Pt Lt 2, Con 10 EBR Albemarle MAP 35
· Minimum lot area shall be 0.58 ha (1.43 ac).
· Minimum lot frontage shall be 68 m (223 ft).
· Maximum number of lots shall be one (1)
· Maximum floor area of rental cabins shall be 37 m2 (398 ft2).
R2-6-1993 R2-i Pt Lt 9, Con 6 WBR Albemarle 6-93 McFarlane MAP 1
· Minimum rear yard set back shall be 84 m (275 ft).
R2-5-1989 R3-b 5-89 Lt 36 and 37, Plan 278 Albemarle MAP 2
· The minimum lot area shall be 0.6 ha (1.5 ac).
· The minimum exterior side yard setback shall be 30 m (100 ft).
R2-42-2006b R2-r Albemarle Lt 8, Con 6 WBR (42-2006) Sear MAP 1
· Minimum east side yard setback shall be 33.4 m (109.6 ft)
R2-42-2006a R2-s Albemarle Lt 8, Con 6 WBR (42-2006) Sear MAP 1
· Minimum west side yard setback shall be 15.2 m (49.9 ft)
· Minimum east side yard setback shall be 38.8 m (127.3 ft)
R2-27-2004a Lt 60 & 61, Plan 341 Albemarle Falcao (R3-q 27-2004) MAP 2
· There shall be only one (1) residential building on the area zoned R3-q
· A maximum lot coverage existing on the date of passing of by-law
· An easterly side yard setback of 1.5 m (5 ft)
· A minimum lot area of 1825 m2 (19,645 ft2)
· A minimum lot frontage of 6 m (19.5 ft)
R2-27-2004b Pt Lt 7, 8 and 9, Plan 278 Albemarle Falcao (R3-r 27-2004) MAP 2
· Minimum lot area shall be 2704 m2 (29,107 ft2).
· Minimum lot frontage shall be 12 m (40 ft).
R2-27-2004c Pt Lt 7, 8 and 9, Plan 278 Albemarle Falcao (R3-s 27-2004) MAP 2
· Minimum lot area shall be 2980 m2 (32,076 ft2).
· Minimum lot frontage shall be 28 metres (92 feet).
R2-2203 R2-b Lt 16 18, Con 1 & 2 Chesley Lake Camp Amabel MAP 11
· The minimum leaseable area shall be 1500 m2 (16,146 ft2).
· Minimum lot frontage shall be 30 m (100 ft).
· Minimum front yard setback shall be 7.5 m (25 ft).
· Minimum rear yard setback shall be 15 m (50 ft).
DRAFT July 2009 62
· Minimum side yard setback shall be 3 m (10 ft).
· Minimum ground floor area shall be 90 m2 (970 ft2) area - one storey.
· Maximum building height shall be 10 m (33 ft) main building.
· Maximum building height shall be 4 m (13 ft) accessory building.
· Maximum coverage of leased area shall be 20 %.
· Minimum setback from the water's edge shall be 14 m (46 ft).
EXISTING LEASED AREAS
· Where water or sewer are available the minimum leased area shall be 800 m2 (8,608 ft2),
and the minimum frontage shall be 15 m (50 feet).
· Where no water or sewers are available the minimum leased area shall be 900 m2
(9687.5 ft2), and the minimum frontage shall be 15 m (50 ft).
· Where water and sewer are available the minimum leased area shall be 550 m2 (6,000
ft2), and the minimum frontage shall be 15 m (50 ft).
R2-3-1991 R2-d Point of Rushes Oliphant Amabel 3-91 51-88 MAP 6
· No residential structures shall have building opening below 179.5 m G.S.C. elevation.
R2-36-1989 R3-g Pt Lt 32, Con C Amabel 36-89 MAP 8
· All building, structures and sewage disposal systems constructed on Lands zoned R3-g
shall be flood proofed to a minimum elevation of 188.9 m G.S.C.
R2-39-1998 Pt Mill L , Con D (Pt 1 & 2, RP 3R990) MAP 8
· That all opening for any new structures or renovated structures to be located above an
elevation of 178.36 G.S.C.
R2-18-1998 R4-18-98 Lt 37, Con D (Amabel) (see EP-18-8-98) SITE PLAN ATTACHED MAP 7
· Those lands described as Lot 37, Concession D and zoned ad R2-18-1998 shall be
subject to the building location envelopes established on Schedule B attached hereto and
forming part of this By-law.
DRAFT July 2009 63
SECTION 12 LOW DENSITY MULTI FAMILY RESIDENTIAL ZONE R3
12.1 SCOPE
No uses are permitted on lands zoned Low Density Multi-Family Residential Zone R3 unless
expressly permitted by this Bylaw.
12.2 PERMITTED USES
· Single detached residential dwelling
· Semi-detached residential dwelling
· Duplex dwelling
· Bed and Breakfast establishment (Class 1)
· Home Occupation
· Boarding, lodging or rooming establishment not exceeding 5 rooms or dwelling units for
let
· Converted dwelling existing as of the date of passing this By-law as specified in Section
5.30 of this By-law.
· Group Home
· Nursing Home
· Home for the Aged, Rest Home
· Private Home Day Care
· Day Nursery (Licensed)
· Public Park
12.3 ZONE PROVISIONS
12.3.1 SINGLE DETACHED RESIDENTIAL DWELLING
Minimum lot area 465 m2 (5000 ft2)
Minimum lot frontage 15 m (50 ft)
Minimum front yard 7.6 m (25 ft)
One storey 1.2 m (4 ft)
Minimum interior side yard More than one storey 1.8 m (6 ft)
No attached garage 3.7 m (12 ft) on one side
Minimum exterior side yard 7.6 m (25 ft)
Minimum rear yard 7.6 m (25 ft)
Maximum building height 10.5 m (34.5 ft)
Maximum lot coverage 40 %
Less than two storey 83.6 m2 (900 ft2)
Minimum floor area
Two or more storey 102.2 m2 (1100 ft2)
12.3.2 SEMI-DETACHED RESIDENTIAL DWELLING
Minimum lot area per dwelling 235 m2
Minimum lot frontage per dwelling 8m
Minimum front yard 7.6 m (25 ft)
One storey 1.2 m (4 ft)
Minimum interior side yard More than one storey 1.8 m (6 ft)
3.7 m (12 ft) on 1 side only ,
No attached garage
1.2 m (4 ft) on the other side
DRAFT July 2009 64
Minimum exterior side yard 7.6 m (25 ft)
Minimum rear yard 7.6 m (25 ft)
Maximum building height 10.5 m (34.5 ft)
Maximum lot coverage 45%
Minimum floor area per dwelling Less than two storey 70 m2 (753.5 ft2)
unit Two or more storey 92.9 m2 (1000 ft2)
12.3.3 DUPLEX RESIDENTIAL DWELLING
Minimum lot area 550 m2 (5920.3ft2)
Minimum lot frontage 15 m
Minimum front yard 7.6 m (25 ft)
Minimum interior side yard 2.4 m (8 ft)
Minimum exterior side yard 7.6 m (25 ft)
Minimum rear yard 7.6 m (25 ft)
Maximum building height 10.5 m (34.5 ft)
Maximum lot coverage 45 %
Minimum floor area per unit 70 m2 (753.5 ft2)
12.4 CONVERTED RESIDENTIAL DWELLING
a) A maximum of four (4) dwelling units shall be permitted in any conversion of one single
detached dwelling.
b) Only single detached dwellings existing as of the date of the passing of this By-law and
having floor areas of at least 140 m2 (1507 ft2) shall be allowed to be converted.
c) The residence to be converted shall be structurally sound for such conversion.
d) Each dwelling unit created shall be fully self-contained and shall have a minimum Floor
area of 45 m2 (484.4 ft2).
e) Exterior stairways shall be located only in a rear yard or side yard.
f) All other regulations for single detached dwellings in Section 13.2.1shall be maintained.
12.5 OTHER PROVISIONS
No new development shall be permitted within the R3 Zone unless such development is serviced
by municipal water supply and sanitary sewers.
12.6 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
R3-137-2008 Plan 216, Lot 90 Div S Watson E/S (Wiarton) MAP 29
R3-86-2008 602 Dawson St., Plan 216, Lot 15 (RP 3R 5600, Pt 1) (Wiarton), MAP 29
· The minimum lot frontage shall be reduced from11.25 m (36.9 ft) to 7.6 m (25 ft).
DRAFT July 2009 65
· The minimum side yard (where no parking structure is provided) shall be reduced from 4
m (13.2 ft) to 1.5 m (5 ft).
· The minimum ground floor area (greater than one storey) shall be reduced from 70 m2
(753 ft2) to 67 m2 (721 ft2).
DRAFT July 2009 66
SECTION 13 MEDIUM DENSITY MULTI FAMILY RESIDENTIAL ZONE R4
13.1 SCOPE
No uses are permitted on lands zoned Medium Density Multi-Family Residential Zone unless
expressly permitted by this Bylaw.
13.2 PERMITTED USES
· Single detached residential dwelling
· Semi-detached residential dwelling
· Duplex dwelling
· Apartments
· Triplex residential dwelling
· Fourplex residential dwelling
· Street Townhouse
· Cluster / Block Townhouse
· Bed and Breakfast establishment (Class 1)
· Home Occupation in a single detached residential dwelling
· Boarding, lodging or rooming establishment not exceeding 5 rooms or dwelling units for
let in accordance.
· Converted dwelling existing as of the date of passing this By-law in accordance with
Section 5.30 of this By-law.
· Group Home
· Nursing Home
· Home for the Aged, Rest Home
· Private Home Day Care
· Day Nursery (Licensed)
· Public Park
13.3 ZONE PROVISIONS
13.3.1 TRIPLEX & FOURPLEX RESIDENTIAL DWELLING
Minimum lot area 650 m2 (6996.8 ft2)
Minimum lot frontage 18 m (59 ft)
Minimum front yard 7.6 m (25 ft)
Minimum interior side yard 2.4 m (8 ft)
Minimum exterior side yard 7.6 m (25 ft)
Minimum rear yard 7.6 m (25 ft)
Maximum building height 10.5 m (34.4 ft)
Maximum lot coverage 40 %
Minimum lot area per unit 70 m2 (753.5 ft2)
13.3.2 STREET TOWNHOUSE
Minimum lot area 280 m2 (3014 ft2)
Minimum lot frontage 6.5 m (21.3ft)
Minimum lot depth 30.5 m (100 ft)
Minimum front yard 7.5 m (24.6 ft)
Minimum exterior side yard 7.5 m (24.6 ft)
Minimum interior side yard end unit 3 m (9.8 ft)
DRAFT July 2009 67
Minimum rear yard 7.5 m (24.6 ft)
Maximum building height 10.5 m (34.4 ft)
Minimum floor area per unit 70 m2 (753.5 ft2)
13.3.3 STREET TOWNHOUSE EACH RESIDENTIAL DWELLING UNIT
Minimum lot area 232 m2 (2497.3 ft2)
Minimum lot frontage 6.5 m (21.3 ft)
Minimum lot frontage
14 m (46 ft)
corner lot residential dwelling unit
Minimum front yard 7.6 m (25 ft)
One storey 1.2 m (4 ft)
Minimum interior side yard - End Unit More than One
1.8 m (6 ft)
storey
Minimum exterior side yard 7.6 m (25 ft)
Minimum rear yard 7.6 m (25 ft)
Maximum building height 10.5m (34.5 ft)
Less than Two storey 83.6 m2 (900 ft2)
Minimum floor area
Two or more storey 102.2 m2 (1100 ft2)
13.3.4 CLUSTER TOWNHOUSE RESIDENTIAL DWELLING
1393.5 m2 (15,000 ft2) for the first four units
Minimum lot area 264.8 m2 (2850.4 ft2) for each additional unit
thereafter
Minimum lot frontage 20.1 m (66 ft)
Minimum front yard 7.6 m (25 ft)
Minimum rear yard 7.6 m (25 ft)
Minimum interior side yard 6 m (19.7 ft)
Minimum exterior side yard 7.6 m (25 ft)
Maximum building height 10.5 m (34.5 ft)
Bachelor/1 bedroom
51.1 m2 (550 ft2)
unit
2-bedroom unit 60.4 m2 (650 ft2)
Minimum floor area
74.4 m2 (801 ft2) plus 9.3 m2
3-bedroom unit (100 ft2) for each bedroom in
excess of three bedrooms
13.3.5 APARTMENTS
1161.3 m2 (12,500.5 ft2) Of lot area for the first 5 units, plus 93
Minimum lot area
m2 (1001 ft2) of lot area for each additional unit.
Minimum lot frontage 18 m (59 ft)
Minimum front yard 7.5 m (24.6 ft)
Minimum exterior side yard 7.5 m (24.6 ft)
Minimum interior side yard Half (1/2) the building height but in no case less than 3 m (9.8 ft)
DRAFT July 2009 68
Minimum rear yard 7.5 m (24.6 ft)
Maximum building height 12 m (39.4 ft)
Maximum lot coverage 45%
Bachelor Unit 37 m2 (398.3 ft2)
Minimum floor area per dwelling
One Bedroom Unit 50 m2 (538.2.ft2)
Unit
For each additional bedroom 9 m2 (97 ft2)
13.4 OTHER PROVISIONS
No new development shall be permitted within the R4 zone unless such development is serviced
by municipal water supply and sanitary sewers.
13.5 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
R4-72-1995 R7-a Lt 21 & 22, Con C (Amabel) (72-95) 22-96 MAP 10
· Uses Permitted shall be limited to:
o Detached dwellings
o Cluster housing
o Open space areas, parks, conservation areas, historic sites
o Infrastructure for communal services and private access right-of-ways
o Outdoor recreation facilities
o An administrative/accessory building which may include recreation facilities, a medical
clinic, meeting rooms, a place of worship and accessory uses
o Accessory uses and structures
· Zone Provisions - The following provisions shall apply to the erection, alteration and use
of any building or structure in the R4-d zone.
Detached Cluster Non-residential
Provisions
Dwelling Housing buildings
Minimum leasehold lot area 450 m2 NA NA
Minimum leasehold lot width at main building line
12.5 m NA NA
setback
Building setback from access right-of-way 5m 5m 5m
Minimum rear yard 7m 7m 7m
Minimum side yard 1.25 m 3m NA
Maximum leasehold lot coverage 30 % 30 % 30 %
2 2
Minimum dwelling unit size 100 m 70 m NA
2
Minimum ground floor 100 m NA 300 m2
Maximum height 10 m 10 m 10 m
Minimum setback from leasehold lot line accessory
2m NA NA
structure
Maximum height - accessory structure 3m NA 3m
2
Maximum size - accessory structure 10 m
Minimum setback from any EP or OS1 zone 8m 8m 8m
Minimum separation to any accessory building 10 m NA NA
Maximum number of dwelling units per cluster NA 48 NA
DRAFT July 2009 69
Minimum buffer all property lines 10 m 10 m 10 m
· Where no parking area is attached, one side yard of a minimum of 3 m shall be provided.
· Definitions - The following definitions apply within the "R7-72-95" zone:
o "A private access right-of-way" shall mean a right-of-way, a minimum of 13 m in width, in
which may be located a private road, designed to accommodate private vehicles,
emergency, service or maintenance vehicles, and providing access from a public road to
individual dwelling units, service areas, open space areas and cluster housing areas.
o "A leasehold lot" shall mean a parcel of land having access to or frontage on a private
access right of way and which is described in a lease document but is not capable of
conveying an interest in land pursuant to the Planning Act.
o "Cluster housing" shall mean a group of multiple family dwelling units within the lands
shown as R7-72-95 on Schedule 'A' and may include, semi-detached, triplex, fourplex or
townhouse dwellings in accordance with the definitions and provisions of Sections 17 and
18 of By-law 1990.
· Services - No person shall use any leasehold lot or erect any building or structure unless
municipal sewer and water, or a communal system or systems, approved by the Ministry
of the Environment and Energy, are provided.
· Section 11.4 shall not apply to those lands zoned R7-72-95.
R4-13-2007c R4-c 13-2007 Lt 9 to 12 Div S William S/S McNaughton E/S (Wiarton) Kirkland MAP 29
· The permitted uses are limited to a townhouse dwelling
· Minimum front yard setback shall be 4.0 m (13.1 ft)
· Minimum rear yard setback shall be 4.0 m (13.1 ft)
· Unenclosed porches are permitted to project into the front and side yard no more than
2.4 m (8 feet).
R4- 13-2007d R4-d 13-2007 Lt 8 to 12 Div S McNaughton W/S George N/S (Wiarton) Kirkland MAP 29
· The permitted uses are limited to a townhouse dwelling
· Minimum front yard setback shall be 3.0 m (10.0 ft)
· Minimum rear yard setback shall be 2.4 m (7.9 ft)
· Unenclosed porches are permitted to project into the front and side yard no more than
2.4 m (8 feet).
R4-13-2007e R4-e 13-2007 Lt 7 to 8 Div S William S/S McNaughton E/S (Wiarton) Kirkland MAP 29
· The permitted uses are limited to the following:
o An apartment dwelling
o A day nursery
o A nursing home
o A seniors home
o A type two group home
· Minimum rear yard setback shall be 3.1 m (10.0 ft)
· Minimum east side yard setback shall be 3.1 m (10.0 ft)
· Minimum west side yard setback shall be 5.8 m (19.1 ft)
· The maximum height of the main building shall not exceed the height of the existing high
school not including the cupola.
· The off-street parking requirements, required number of spaces shall be reduced to 1
space per dwelling unit excepting the day nursery permitted use which shall remain as
per the By-law.
R4-xx-2009 E Pt Lt 6 Div S (RP 3R 6228, Pt 1) (Wiarton), MAP 29
· The minimum side yard shall be reduced from 4 m (13.2 ft) to 3 m (10 ft)
DRAFT July 2009 70
SECTION 14 UN- SERVICED GENERAL COMMERCIAL ZONE (SBP) C1A
14.1 SCOPE
No uses are permitted on lands zoned General Commercial Zone (SBP) C1A unless expressly
permitted by this Bylaw.
Note: This zone generally applies to lands outside of the Wiarton urban area. (i.e. Sauble,
Beach, Hepworth and Allenford) At the time of passing of this By-law this lands are presently
not serviced with municipal water and sewer.
14.2 PERMITTED USES
· Marine, Recreation and Small Engine
· Automobile Sales and Service Establishments
Establishment · Parking Lot
· Automobile Service Establishment · Personal Service Shop
· Bakery · Place of Entertainment
· Bakeshop · Place of Worship as per Section X.XX
· Banquet Hall Institutional Zone Provisions
· Bus Depot · Post Office
· Business or Professional Office · Print Shop
· Service Establishment · Public Building
· Clinic, Medical · Public Park
· Club, Commercial & Private · Recreational Facility
· Commercial College or Studio · Restaurant Drive-In/Drive Thru, Take-
· Community Center out, Dining
· Companion Animal Office · Retail Store
· Cultural Entertainment Facility · Retail Food Store
· Day Nursery · Tavern
· Dry Cleaning Depot · Public Uses
· Farmers Market · A Single Detached Dwelling existing at
· Financial Office the date of passing of this By-law
· Fitness Centre · An `Accessory Dwelling Unit - Apartment
· Funeral Home above or behind the primary commercial
· Gas Bar use, the total floor area of which shall
· Hotel or Motel not exceed thirty percent (30 %) of the
· Institutional Use total ground floor area of the building.
· Laundromat · Accessory Uses, Buildings or
Structures.
14.3.1 ZONE PROVISIONS
Minimum lot area 2000 m2 (0.5ac)
Minimum lot frontage 30.5 m (100.1ft)
Minimum front yard none
Minimum interior side yard none
None, except where a lot abuts a lot in a Residential zone, the
Minimum exterior side yard
minimum interior side yard shall be 3 metres.
Minimum rear yard 3 m (9.8 ft)
Minimum 2 storeys,
Building height
Maximum four storeys or 12 metres, whichever is the lesser.
Maximum lot coverage 30 %
Minimum ground floor area 102.2 m2 (1,100.1 ft2)
DRAFT July 2009 71
14.5 OTHER PROVISIONS
Off-street parking requirements are not applicable to commercial uses within C1A Zone.
Detached dwellings existing at the date of passage of this By-law may be altered or enlarged in
accordance with the provision of the R1 zone.
14.6 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
C1A-29-1988 C3-a Pt Lt 19 Plan 624 MAP 8
· Veterinarian Clinic 29-88
· Buildings, structures and uses accessory to a permitted use
C1A-xxxx C3-a 510 Sauble Falls Parkway Plan 624 Pt Lt 19 Pt Lt 20,Pt Lt 25 Pt Blk A RP 3R510;Pt
2 & 6 MAP 8
· Permitted Uses - Residential Uses
· An accessory dwelling unit forming an integral part of the building or structure containing a
permitted non-residential use except an automobile service station and automobile repair
establishment.
· Detached dwellings existing on the 12th day of February 1985.
· Permitted Uses - Non-Residential Uses
· Commercial uses existing on the date of the passing of this by-law
· Parking lots
· Restaurants
· Drive-in restaurants
· Take-out restaurants
· Establishments for the sale of nursery stock and/or garden supplies
· General store
· Retail store
· Buildings, structures and uses accessory to a permitted use
· Save and except for the permitted residential and nonresidential uses (shown as (1) & (2) above)
all provisions of the C6 Zone shall apply to the C6-xxxx Zone.
C1A-23-1988 C1-1 Amabel Pt Lt 26, Con D (Amabel) 23-88 MAP 9
· Amusement Rides shall be permitted in addition to the uses permitted in the C3 zone.
· Amusement Rides shall mean a device or a combination of devices designed or intended to
entertain and amuse people by physically moving them.
· Notwithstanding the provisions of the C1zone, Amusement Rides existing at the date of the
passing of this by-law will be permitted on Lot 12 & 30, Plan 435, Amabel and shall not be
allowed to expand without an amendment to this by-law.
C1A-11-1989 C1-c 11-89 Lt 3, Plan 305 (Hepworth) MAP 28
· Permitted uses shall be limited to:.
· A retail store
· Manufacture and sale of household wood products
· A general repair shop, not including automotive or small engine repair
· Uses accessory or incidental to a permitted use.
C1A-2099 C1-c 2099 Pt Lt 25, Con D (Amabel) MAP 9
DRAFT July 2009 72
· A building supply establishment shall be a permitted non-residential use and the maximum height
of an accessory building shall be 10 m in areas zoned C1-2.
C1A-48-1999 Pt Pk Lt 1, OTP (Amabel) 48-99 MAP 6
· Permitted commercial uses shall be limited to:
· Mini storage units
· Indoor and outdoor storage of boats and recreational equipment
· Office space of the owner or on-site operator
C1A-8-1997 C1-a 8-97 Lt 2, Con 9 (Amabel) Hepworth MAP 28
· Minimum lot area shall be 2 ha (5 ac).
· Permitted uses shall be limited to:
· A contractors yard as it existed on November 7, 1988
· An automotive, truck and heavy equipment repair shop
· An accessory detached residence
· Planting areas shall be established along the front and east side yard in accordance with Section
6.16
DRAFT July 2009 73
SECTION 15 SERVICED GENERAL COMMERCIAL ZONE (WIARTON) C1B
15.1 SCOPE
No uses are permitted on lands zoned General Commercial Zone Serviced Wiarton C1B unless
expressly permitted by this Bylaw.
15.2 PERMITTED USES
· Bakery · Place of Worship as per Section
· Bakeshop X.XX Institutional Zone
· Banquet Hall Provisions
· Bus Depot · Post Office
· Business or Professional Office · Print Shop
· Business / Service · Public Building
Establishment · Public Park
· Clinic, Medical · Recreation Centre
· Club, Commercial & Private · Restaurant Drive-In/Drive
· Commercial College or Studio Thru, Take-out, Dining
· Community Center · Retail Store
· Companion Animal Office · Retail Food Store
· Cultural Entertainment Facility · Shopping Center
· Day Nursery · Tavern
· Dry Cleaning Depot
· Farmers Market · A Single Detached Dwelling
· Financial Office existing at the date of passing of
· Fitness Centre this By-law
· Funeral Home · An `Accessory Dwelling Unit -
· Hotel Apartment above or behind the
· Institutional Use primary commercial use, the
· Laundromat total floor area of which shall not
· Parking Lot exceed thirty percent (30 %) of
· Personal Service Shop the total ground floor area of the
· Place of Entertainment building
· .
15.3 ZONE PROVISIONS
Minimum lot area None
Minimum lot frontage None
Minimum front yard None
None, except where a C1 Zone is abutting a Residential Zone, the
Minimum interior side yard
minimum interior side yard shall be 3 m (9.8 ft)
Minimum exterior side yard None
Minimum rear yard 3 m (9.8 ft)
Maximum building height 12 m (39.4 ft) min 2 stories, max 4 stories
15.4 OTHER PROVISIONS
Off-street parking requirements are not applicable to commercial uses within C1B Zone.
Detached dwellings existing at the date of passage of this By-law may be altered or enlarged in
accordance with the provision of the R1 zone.
No new development shall be permitted within the C1B zone unless such development is
serviced by municipal water supply and sanitary sewers.
DRAFT July 2009 74
15.5 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
C1B-41-2006 C1-e 41-2006 (OMB Order 3255) 455 Berford St, Lt 22 to 24, Lt 29, Div S and Lt 20 to 22
& N Pt Lt 23 Claude W/2 (Wiarton) MAP 29
· The number of main buildings/structures for permitted uses may be five.
· Section 14.1, the following permitted uses are prohibited;
· Assembly Hall
· Hotel
· Printing Establishment
· Taverns
· Wholesale Establishmen
DRAFT July 2009 75
SECTION 16 MIXED USE ZONE (SERVICED) MU1
16.1 SCOPE
No uses are permitted on lands zoned Mixed Use Zone (Serviced) unless expressly permitted by
this Bylaw.
16.2 PERMITTED USES
· Any use permitted in the R1B Zone subject to the applicable regulations of that Zone
(excluding a new single detached dwelling).
· Any use permitted in the R3 Zone subject to the applicable regulations of that Zone.
· Any of the following uses subject to the C1 B Zone regulations:
· Business or Professional Office
· Place of Worship (subject to the I institutional Zone regulations)
· Commercial School or Studio
· Financial Office
· Funeral home
· Library
· Clinic, Medical
· Parking Lot
· Personal Service Shop
· Retail Store
· Club, Commercial & Private
· Institutional Use
· Public Use
· Service or Repair Shop, but not including Small Engine Repair/Service
· Any of the following uses subject to the C2 Neighbourhood Commercial Zone regulations:
· Convenience store
· Neighbourhood store
· Any of the following uses subject to the I Institutional Zone regulations
· Day Nursery
· A Home for the Aged, Rest Home, Nursing Home
· An `Accessory Dwelling Unit - Apartment above or behind the primary commercial use,
the total floor area of which shall not exceed thirty percent (30 %) of the total ground floor
area of the building.
16.3 OTHER PROVISIONS
No accessory building for Commercial or Institutional uses shall be located within 1.5 m (5 ft) of
any property line.
No new development shall be permitted within the R3 zone unless such development is serviced
by municipal water supply and sanitary sewers.
16.4 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
DRAFT July 2009 76
SECTION 17 NEIGHBOURHOOD COMMERCIAL ZONE C2
17.1 SCOPE
No uses are permitted on lands zoned Neighbourhood Commercial Zone C2 unless expressly
permitted by this Bylaw.
17.2 PERMITTED USES
· Convenience Store
· Neighbourhood Store
· Personal Service Shops
· An `Accessory Dwelling Unit - Apartment above or behind the primary commercial use,
the total floor area of which shall not exceed thirty percent (30 %) of the total ground floor
area of the building
17.3 ZONE PROVISIONS
No Municipal Water & Sewer Municipal Water & Sewer
2 2
Minimum lot area 2,500m (26,900 ft ) 557.4 m2 (6000 ft2)
Minimum lot frontage 30 m (100 ft) 18 m (59 ft)
Minimum front yard 7.5 m (24.6 ft) 7.5 m (24.6 ft)
Minimum interior side yard 3 m (9.8 ft) 3 m (9.8 ft)
Minimum exterior side yard 7.5 m (24.6 ft) 7.5 m (24.6 ft)
Minimum rear yard 7.5 m (24.6 ft) 7.5 m (24.6 ft)
Maximum lot coverage 15 % 40%
2 2
Minimum ground floor area 80 m (861 ft ) 80 m2 (861 ft2)
Maximum building height 12 m (39.4 ft) 12 m (39.4 ft)
Maximum floor area of a permitted
200 square metres 200 square metres
commercial use
17.4 OTHER PROVISIONS
Buffer Area/ Strips will be required where a C3 Zone use directly abuts a Residential Zone use as
established by the applicable regulations of this By-law.
No outdoor storage or outdoor display areas shall be permitted in the MU1 zone.
17.5 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
C2-xxxx RU2-b 309 Huron Rd, Con 5 WBR Pt Lt 21 (RP 3R4610 Pt 1-4,) Albemarle
· An outfitters / general store is a permitted use in compliance with the provisions
contained in this by-law.
C2-14-1995 C3-a 1995.14, 306 Berford St, PL 229 Pt E Pt Lt 33; W OF Berford S of Division; RP3R
6324 PART 2, Wiarton MAP 29
· The permitted uses shall be limited to:
DRAFT July 2009 77
o One business or professional office
o One optometry office
o Accessory building units in accordance with Section 6.4
· Maximum number of accessory dwelling units shall be two (2).
· Minimum separation distance of a commercial building from a residential zone shall be
8.8 m (29 ft).
· Minimum exterior side yard shall be 6.1 m (20 ft).
· Minimum planting area width, east property line shall be 0.3 m (1 ft).
· Minimum planting area width, north property line shall be 1.2 m (4 ft).
· Minimum parking isle-manoeuvring width shall be 7.3 m (24 ft).
· Minimum parking space width shall be 2.7 m (9 ft).
· Minimum set back of parking spaces from lands zoned residential and municipal roads
shall be 0.6 m (2 ft)
· Minimum front yard shall be 6.7 m (22 ft).
· An opaque fence with a minimum height of 1.2 m (4 ft) shall be provided along the west
property boundary.
· One sign, attached to a commercial building, not exceeding 2.7 m2 (9 ft2), shall be
permitted.
· The `h' or holding symbol is to be removed upon final registration of a site plan
agreement in respect to the lands.
· Minimum lot area shall be 1128 m2 (12,150 ft2).
C2-2013 Pt Park Lt 2, OTP (2013) MAP 6
· Permitted Uses
o A boat service station
o A business or professional office
o A general store
C2-81-1991 306 Berford St., PL 229 PT E PT LOT 33 W OF; BERFORD S OF DIVISION RP3R;6324
PART 2 Wiarton C2-81-91 MAP 29
· Professional office and small scale medical clinics is a permitted use
· Pt Pk Lot 1, Plan 266 shall be permitted to be used for parking for the dental clinic only
C2-xx-2009 5 Shoreline Ave, Plan 357 Lot 28 & N Pt Lot 27 (Amabel), MAP 29
· Permitted uses shall be limited to:
o A retail store
o Restaurant
o General store
o 2- two bedroom housekeeping units for rental to the tourists / traveling public
DRAFT July 2009 78
SECTION 18 MARINE COMMERCIAL ZONE (SERVICED) C3
18.1 SCOPE
No uses are permitted on lands zoned Marine Commercial Zone (Serviced) C3 unless expressly
permitted by this Bylaw.
18.2 PERMITTED USES
· Marina
· Tour, fishing or dive boat charter services
· Retail sales of fishing and boating related supplies
· Building structures and uses accessory to a permitted use including:
· Restaurant forming an integral part of a permitted uses
· Convenience Store forming an integral part of a permitted uses
· A detached dwelling existing at the date of passing of this By-law
· Accessory dwelling units above a non-residential building.
18.3 ZONE PROVISIONS
Full Municipal Services
Minimum lot area 500 m2 (5382.2 ft2)
Minimum lot frontage 15 m (49.3 ft)
Minimum lot frontage corner lot 18 m (59.1 ft)
7.62 m (25 ft) plus any applicable distance required by the
Minimum front yard
applicable road authority as specified in Section 5.32 of this By-law.
Minimum interior side yard ?
Minimum exterior side yard 7.62 m (25 ft)
Minimum rear yard 0m
Maximum lot coverage 50 %
Maximum gross floor area
No new development shall be permitted within the C3 zone unless such development is serviced
by municipal water supply and sanitary sewers.
18.4 ACCESSORY RESIDENTIAL USES
A single detached residential use in compliance with the following:
a) Subject to the yard setbacks of Section 23.2.8 of this By-law
b) Maximum Building Height 10.5 m (34.5 ft)
c) Minimum Floor Area 102.2 m2 (1,100 sq2)
18.5 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
DRAFT July 2009 79
SECTION 19 RESORT COMMERCIAL ZONE C4
19.1 SCOPE
No uses are permitted on lands zoned Resort Commercial Zone C4 unless expressly permitted
by this Bylaw.
19.2 PERMITTED USES
· Motels · Restaurants
· Lodges · Convenience Store
· Tourist homes · Neighbourhood Store
· Convenience store · Accessory Single Detached
· Tourist cottage rental Residential Dwelling or
establishment accessory Dwelling Unit above
· Marinas a non-residential building.
19.3 ZONE PROVISIONS
Minimum lot area 4,000 m2 (5382.2 ft2)
Minimum lot frontage 40 m (49.3 ft)
7.5 m (25 ft) plus any applicable distance required by
Minimum front yard the applicable road authority as specified in Section
5.32 of this By-law.
Minimum interior side yard 5 m (16.5 ft)
Minimum exterior side yard 7.5 m (25 ft)
Minimum rear yard 10 m (33 ft)
Maximum building height main building 10 m (33 ft.)
Maximum building height accessory building 4 m (13 ft.)
Maximum lot coverage 15 %
All habitable buildings shall be set back 15 m (49.2 ft) from the high water mark.
19.4 PROVISIONS FOR TOURIST COTTAGE RENTAL ESTABLISHMENT
The use of any land, buildings or structure for tourist cabins or cottage purposes is permitted
subject to the following provisions:
a) The minimum floor area for a tourist cottage shall be 60 m2 (645.8 ft2). Any tourist
cottage shall be a maximum of one storey in height.
b) Minimum distance between a tourist cottage shall be 6 m (20 ft.).
c) The minimum side and rear yards shall be 5 m (16.5 ft.).
d) Planting areas shall be provided adjacent to the side and rear lot line.
19.5 MARINA DEVELOPMENT
In addition to all other requirements of this By-law any marina development with docking facilities
must contain a minimum of 30 m (98 ft) frontage on a navigable waterway. No part of any
sewage disposal system shall be within 30 m (98 ft) of the high water mark.
19.6 SPECIAL PROVISIONS
DRAFT July 2009 80
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
C4-2203 Pt Lt 16-18, Con 1 & 2 Amabel (2203) Chesley Lake Camp MAP 11
· Minimum leased area shall be 4 000 m2 (43 1000 ft2)
· Minimum frontage shall be 40 m (132 ft).
· Minimum side yard setback shall be 5 m (16.5 ft).
· Maximum coverage of leased area shall be 20 %.
C4-2084 Con B Pt Lt 19 Lake Drive R2-k Birchcrest Association Amabel MAP 11
· Maximum number of cottage dwellings shall be 28.
· Minimum habitable cottage dwelling area shall be 65 m2 (700 ft2).
· Maximum dwelling unit height shall be 7.6 m (25 ft).
DRAFT July 2009 81
SECTION 20 CAMPGROUND COMMERCIAL ZONE C5
20.1 SCOPE
No uses are permitted on lands zoned Campground Commercial Zone C5 unless expressly
permitted by this Bylaw.
20.2 PERMITTED USES
· Campground
· Tourist Cottage Rental Establishment
· Convenience Store
· Laundromat
· Accessory Single Detached Residential Dwelling or accessory Dwelling Unit above a
non-residential building.
20.3 ZONE PROVISIONS
Minimum lot area 4 ha (10 acres)
Maximum lot area 20 ha (49 acres)
Minimum lot frontage 60 m (200 ft.)
Minimum front yard 7.5 m (25 ft)
Minimum side yard 15 m (50 ft.)
Minimum rear yard 15 m (50 ft.)
Minimum areas of campground site 232 m2 (2497ft²)
Minimum frontage of campground site 15 m (49ft)
Maximum density of campsites 25 sites per ha
A minimum of 10% of the area of the camping establishment must be developed for recreation
purposes.
20.4 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
C5-2203 Pt Lt 16-18, Con 1 & 2 (Amabel) Chesley Lake Camp (2203) MAP 11
· The maximum density of campsites shall not exceed 25 sites per hectare.
· Minimum area per campsite shall be 235 m2 (2 500 ft2).
· Maximum lot area shall be 1.8 ha (4.45 ac).
C5-1781 Lt 24 & 25, Con C Amabel (1781 & 1839) MAP 9
· The use of the land shown on Schedule A attached hereto shall permit the placement of
tents and small recreational travel trailers, recreational facilities to service the individual
campsites, parking areas, private roads, directional signs and shall also permit the
erection and use of related accessory recreational facilities and buildings.
· Accessory buildings shall not exceed a height of 4 (four) meters to be measured from
grade at the front of the structure.
· Off-street parking areas shall be provided and a minimum of size of any parking space
shall be not less than eighteen (18) square meters in area. At least on such off-street
parking shall be contained on each campsite.
DRAFT July 2009 82
· The minimum campsite area shall be two hundred and thirty-three (33) square meters in
area and have a minimum campsite frontage of fifteen (15) meters. Each such campsite
area shall contain a minimum of four (4) meters of natural or man made buffer area along
the side and rear boundary of the campsite.
· The campsite shall be used for human habitation only during the six months from May
through to October inclusive of the same calendar year.
· Campsites shall be located within the area shown as "camping area" on Schedule A
attached hereto.
· No development shall be permitted within the area shown as "Buffer Area" on Schedule A
attached hereto
· The Seasonal tent and trailer park shall conform to all provisions of any municipal by-law
passed under the authority of the Municipal Act and shall be subject to the provisions and
regulations of the Tourism Act, 1972 where applicable.
· No development shall be permitted until the owner has entered into an agreement
satisfactory to the Corporation of the Township of Amabel pursuant to Section 40 of the
Planning act R.S.O. 1980 Chapter 379.
· Definitions:
o Accessory Building or Structure Shall mean a detached building or structure, the use of
which is customarily incidental and subordinate to the principal use and located on the
same lot and shall include for the purposes of this By-law, central washrooms,
administration office, laundry rooms, recreation hall, games room, snack bar and a
convenience store which shall provide through retail sale the day to day necessities of
the clientele of the campground only.
o Camping Operation shall mean the sue of the land will be for small recreational
vehicles less than eleven (11) meters in length and tents and in which a campsite shall
have a minimum of two hundred and thirty-three (233) square meters in area and a
minimum of fifteen (15) meters width at leas at one point in the campsite.
o Parking Area shall mean an area which is open and clear of any buildings and
structures and shall be available for the parking of motor vehicles including maneuvering
aisles and other spaces necessary and incidental to the temporary parking or storage of
motor vehicles.
o Open Space shall mean an area which is clear of all buildings and structures and in
which the natural vegetation shall be retained and supplemented with the planting of
tress and shrubs and may include outdoor recreational facilities.
o Buffer Area shall mean an area which is clear of all buildings or structures and in which
the natural vegetation shall be retained and supplemented with planting of trees and
shrubs.
C5-22-2001 C5-c N Pt Lt 3 & E Pt Lt 4, OTP (Amabel) C5-c 22-2001 Trillium Woods MAP 6
· Up to a maximum of ten (10) tourist cabins shall be permitted.
C5-46-2007 C5-b 46-2007760 Highway 6; Con 3 EBR Pt Lt 27 Albemarle Selah Camp MAP 25
· The permitted uses are limited to a private camp defined as:
o "A privately owned and operated establishment which operates throughout or part of the
year for recreational, education or religious purposes, which provides accommodation for
ten or more persons, or to any group or groups which contract accommodation for a
period having a minimum duration of two days which includes campgrounds, facilities for
serving meals and may or may not include bunkhouses or similar facilities, where a
program is offered in conjunction with the provision of equipment or supplies or services
related to angling, sailing, swimming, skiing, skating, snowshoeing or crafts, or similar
indoor or outdoor recreational activities or any of them during all or part of the year, and
may include education or conference facilities."
DRAFT July 2009 83
SECTION 21 HIGHWAY COMMERCIAL C6
21.1 SCOPE
No uses are permitted on lands zoned Highway Commercial Zone C6 unless expressly permitted
by this Bylaw.
21.2 PERMITTED USES
· Assembly Hall
· Auction Sales Arena · Garden Centre
· Automotive Body Repair Shop · Heavy Equipment Sales and Rental
· Automotive Sales & Service · Hotel
Establishment · Kennel
· Automotive Service Station · Laundromat
· Automotive Washing Establishment* · Motel, Motor Hotel
· Bakery · Marine, Recreation and Small
· Banquet Hall Engine Establishment
· Building Supply Outlet · Nursery /Garden Center /
· Bulk Fuel Depot Greenhouse
· Bulk Sales Establishment · Parking Lot
· Bus Depot · Personal Service Shop
· Business & Professional offices · Post Office
· Catering Establishment · Public Uses
· Place of Worship/ Place of Worship · Public Buildings
· Clinic, Veterinarian · Rental Outlet
· Club, Private & Commercial · Restaurants (Dining, Drive-In, Drive-
· Commercial Nursery or Greenhouse Thru, Take-Out)
· Commercial school or studio · Retail Food Store
· Computer Programming · Retail Store
Establishment · Recreational facilities
· Convenience Store · Service or Repair Shop
· Data Processing Establishment · Shopping Centre/Mall
· Dry Cleaning Depot · Trailer, Recreational Sales and
· Equipment Sales, Rental & Leasing Service Establishment
Outlet · Tavern
· Factory Outlet · U-Brew Establishment
· Farm Implement Sales & Service · Wholesale Outlets
Outlet · Accessory Uses, Buildings &
· Farm Supply Outlet Structures in accordance with
· Farmer's Market Section 6.1
· Fitness Centre · An `Accessory Dwelling Unit -
· Flea Market Apartment above or behind the
· Funeral Home primary commercial use, the total
· Gas Bar floor area of which shall not exceed
thirty percent (30 %) of the total
ground floor area of the building
DRAFT July 2009 84
21.3 ZONE PROVISIONS
Full municipal Full municipal
One or more
No municipal services services
PROVISIONS municipal
services Commercial Industrial Uses
services
Uses
4,000 m2 2,000 m2 557.4 m2 (6,000 929 m2
Minimum lot area
(43,000 ft2) (21,528.5 ft2) ft2) (10,000 ft2)
Minimum lot
40 m (132 ft) 40 m (132 ft) 18 m (59 ft) 20 m (65.6 ft)
frontage
Minimum front yard 7.6 m (25 ft) 7.6 m (25 ft) 7.6 m (25 ft) 7.6 m (25 ft)
Minimum interior
10 m (33 ft) 10 m (33 ft) 3 m (9.8 ft) 10 m (33 ft)
side yard
Minimum exterior
7.6 m (25 ft) 7.6 m (25 ft) 7.6 m (25 ft) 7.6 m (25 ft)
side yard
Minimum rear yard 7.6 m (25 ft) 7.6 m (25 ft) 7.6 m (25 ft) 7.6 m (25 ft)
Maximum building
12.5 m (41 ft) 12.5 m (41 ft) 12.5 m (41 ft) 12.5 m (41 ft)
height
Maximum lot
15 % 20 % 40 % 40 %
coverage
21.4 SPECIFIC REGULATIONS FOR AUTOMOTIVE SERVICE STATION; AUTOMOTIVE
WASHING ESTABLISHMENT OR GAS BAR
Minimum lot area 1393.5 m2 (15,000 ft2)
Minimum lot frontage 30.5 m (100 ft)
Minimum front yard 7.6 m (24.9 ft)
Minimum interior side yard 4.5 m (14.8 ft)
Minimum exterior side yard 7.6 m (24.9 ft)
Minimum rear yard 7.6 m (25 ft)
Maximum building height 12.5 m (41 ft)
Maximum lot coverage 40 %
21.4.1 FUEL PUMP ISLANDS/GAS KIOSKS
a) Minimum Building Setback is 7.6 m (25 ft) from the front lot line. No fuel pump island,
gas bar kiosk is to be located within the required Sight triangle established by Section 6.7
this By-law.
b) Despite the above, canopies over pump islands and underground storage tanks are
allowed to project 1.5 m (5 ft) from the Street Line.
21.4.2 ACCESSORY RESIDENTIAL UNITS
Despite any other provisions of this By-law to the contrary, accessory dwelling units are not
permitted in association with an automotive service station, automotive washing establishment or
gas bar.
21.4.3 REGULATIONS FOR ACCESS
Any point of ingress and egress to an automotive service stations, automotive washing
establishment or gas bar shall not be located within 9 m (29.5 ft) of a street intersection, as
measured at the curb line.
DRAFT July 2009 85
21.5 PROVISIONS FOR HOTELS AND MOTELS
Minimum lot area 1393.5 m2 (15,000 ft2)
Minimum lot frontage 30.5 m (100 ft)
Minimum front yard 7.6 m (25 ft)
Minimum interior side yard Half (½) the building height but in no case less than 3 m (9.8 ft)
Minimum exterior side yard 7.6 m (25 ft)
Minimum rear yard 7.6 m (25 ft)
Maximum building height 12.5 m (41 ft)
Maximum lot coverage 40 %
21.5.1 PARKING SPACE REGULATION VISITOR
In addition to the required number of parking spaces set out in this By-law, a maximum of three
visitor parking spaces for passenger vehicles may be provided in the required front yard for the
first 15 m (49.2 ft) of front wall of the principal building plus one additional visitor parking space for
each additional 7.5 m (24.6 ft) of front wall in excess of the first 15 m (49.2 ft).
21.6 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
C6-15-1998 1998.15 HCI-a-h (Giant Tiger) 236 Berford St, Plan 266 Pk Pt Lt 5, Wiarton MAP 29
· In addition to the uses permitted in the zone, a retail store is a permitted use.
· Minimum ground floor area for the retail store shall be 20,000 ft2.
· The total floor area for a permitted retail store shall be dedicated for the use by not more
than one (1) owner or lessee.
· Prohibited uses: shopping mall, shopping plaza.
C6-2145 Pt Lt 40, Con D (Amabel) (2145) C3-2179 MAP 7 T& T FLEA MARKET
· Restaurants, drive-in restaurants, take-out restaurants
· Establishments for the sale of nursery stock and/or garden supplies
· General store
· Buildings, structures and uses accessory to a permitted use
· Provisions
· Minimum lot frontage shall be 37.2 m (122 ft)
· Minimum south side yard setback shall be 7.9 m (26 ft).
C6-87/272-2007 HCI-b 2007 87-2007 272 Berford St, Pt Lt 1 Reg Plan 266 (Wiarton) MAP 29
· The permitted uses are limited to:
o A funeral chapel defined as "a commercial use for the purpose of furnishing funeral
supplies and services to the public and does not include facilities for the preparation of
dead human bodies for interment or cremation."
· The rear yard setback is reduced to 1.25 m (4.10 ft)
· The west side yard setback is reduced to 4.77 m (15.7 ft)
· The minimum separation of a commercial building from a residential zone is reduced to
4.77 m (15.7 ft) for the existing building and addition only. New buildings or structures
shall meet the separation requirements of the HCI zone in effect at that time.
DRAFT July 2009 86
· The west side yard landscaping requirements are reduced to 0.5 m.
· Fencing of a height no less than 1.5 m (5 ft) shall be provided on the west and south
property boundaries in addition to landscaping requirements.
· Section 6.29.1 (j) is hereby amended by striking out funeral home and replacing it with
"funeral home or funeral chapel".
· Despite Section 6.29.1 (j) the minimum number of required spaces is 24.
· Despite Section 6.29.1 (j) the maximum amount of floor area in reposing rooms is 92.9
m2 (1000 ft2).
· Despite Section 6.29.1 (j) the one space required for funeral home vehicle parking will be
accommodated in the loading space provided.
C6-84-2008 248 Berford St., Plan 266 Pt Park Lot 4 (RP 3R7845 Part 4 Hwy 6 W) (Wiarton) Canadian
Tire MAP 29
· A retail store shall be a permitted use.
· The retail store shall have a minimum floor area of 370 m2 (3 983 ft2) and be occupied by
a single tenant.
· Despite Section 13.7 Number of Buildings per Lot, a maximum of two main buildings and
a gas bar may be permitted.
· Both retail buildings must have a minimum ground floor area of 370 m2 (3 983 ft2) and be
occupied by a single tenant each.
· A reduced parking rate from 1 space per 20 m2 to 1 space per 25 m2 of sales/service area
is permitted.
· A reduced rear yard setback from 10 m (32.8 ft) to 6.4 m (21 ft) is permitted.
C6-14-2008 50 Berford St, Part Lot 1 Concession 20 (Wiarton) MAP 29
· The permitted uses shall include:
· A public use
· The following uses shall not be permitted:
o Farm implement sales and repair establishment
o Bulk sales establishment
o A light manufacturing processing or assembly operation (but not including a junk salvage,
scrap or wrecking yard)
o Warehousing including mini storage
o Contractors yard
o Light manufacturing plant
o Open storage accessory to the permitted use
o Transportation depot
DRAFT July 2009 87
SECTION 22 INDUSTRIAL M1
22.1 SCOPE
No uses are permitted on lands zoned Industrial M1unless expressly permitted by this Bylaw.
Uses marked with an asterix (*) are permitted only when serviced by full municipal water and
sewer services.
22.2 PERMITTED USES
Automotive Body Repair Shop Marine, Recreation and Small Engine
Automotive Service Station Establishment
Bakery Mini-Storage Facility
Brewery & Retail Outlet* Printing Establishment
Building Supply Outlet Public Works Yard
Bulk Fuel Depot Recycling Depot
Bulk Sales Establishment Recycling Plant
Business or Professional Office Rental Outlet
Cold Storage Warehouse Service or Repair Shop
Commercial Greenhouse / Nursery Trailer, Recreational Sales and Services
Contractor's Yard Establishment
Crematorium* Transport Establishment
Custom Workshop U-Brew Establishment *
Dry Cleaning /Laundry Plant* Warehouse
Equipment Sales, Renal and Leasing Outlet Water Treatment Facility
Farm Implement Sales & Service Wayside Pit or Quarry
Feed Mill & Elevator Wholesale Outlet
Gas Bar Accessory Uses, Buildings and Structures in
Heavy Equipment Sales and Rental accordance with Section 6.1, including
Industrial Mall* cafeteria, factory outlet, storage yards and
showrooms
22.3 ZONE PROVISIONS
Full Municipal Partial Municipal No Municipal Services
Services Services
2 2
Minimum lot area 929 m (10,000 ft ) 2000 m2 (21528.5ft²) 4000 m2 (43057ft²)
Minimum lot frontage 20 m (65.6 ft) 40 m (131ft) 80 m (262ft)
Minimum front yard 7.5 m (24.6 ft) 7.5 m (24.6 ft) 7.5 m (24.6 ft)
Minimum interior side yard 3 m (9.8 ft) * 3 m (9.8 ft) * 3 m (9.8 ft)*
Minimum exterior side yard 7.5 m (24.6 ft) 7.5 m (24.6 ft) 7.5 m (24.6 ft)
Minimum rear yard 7.5 m (24.6 ft* 7.5 m (24.6 ft* 7.5 m (24.6 ft*
Maximum building height 12 m (39.4 ft) 12 m (39.4 ft) 12 m (39.4 ft)
Maximum lot coverage 60% 60% 60%
*9.2 m (30.2 ft) where an M1 Zone abuts any residential zone.
22.4 ACCESSORY RETAIL USE INDUSTRIAL USES
Accessory retailing of products shall be permitted subject to the following regulations:
a) A maximum of 25% of the gross floor area is used within
i) The main industrial building, or
ii) Each individual unit in an industrial mall.
b) The products to be sold must be produced on the site.
DRAFT July 2009 88
22.5 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
DRAFT July 2009 89
SECTION 23 EXTRACTIVE INDUSTRIAL ZONE M2
23.1 SCOPE
No uses are permitted on lands zoned Extractive Industrial Zone M2 unless expressly permitted
by this Bylaw.
23.2 PERMITTED USES
· Mineral aggregate operation
· Processing of extracted materials within a permitted licensed pit or quarry including
screening, sorting, working, crushing, storing and other similar operations.
· Aggregate Transfer Station
· Temporary Portable Asphalt Plant
· Asphalt or Concrete Plant
· Conservation
· Forestry
· Agricultural Uses
23.3 ZONE PROVISIONS
Minimum lot area 2 ha (4.9 ac)
Minimum lot frontage 30 m (98.4 ft)
23.4 SETBACKS
a) No building, structure, plant or product stockpile shall be located on the pit site within 30 m (98.4
ft) of any zone boundary, nor within 90 m (295 ft) of the boundary of any Residential use or Zone
on adjacent property.+
b) No pit face or quarry excavation shall be located closer than 30 m (98.4 ft) from a public road
allowance or closer than 15 m (49.2 ft) of a zone boundary.
Note: Extractive uses are regulated under the provisions of the Aggregates Act and its
regulations, and through license conditions. The approval of licenses for extractive uses is
regulated by the Ministry of Natural Resources..
23.4 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
DRAFT July 2009 90
SECTION 24 RURAL COMMERCIAL AND INDUSTRIAL ZONE M3
24.1 SCOPE
No uses are permitted on lands zoned Rural Commercial/Industrial unless expressly permitted by
this Bylaw.
24.2 PERMITTED USES
· Agricultural Produce Warehouse
· Companion Animal Office
· Commercial Greenhouse and/or Nursery
· Cold Storage Warehouse
· Equipment Sales, Rental and Leasing Outlet
· Farm Implement Sales and Service
· Farm Supply Outlet
· Feed Mill & Elevator
· Kennel
· Saw or Planing Mill
· Clinic, Veterinarian
· Warehouse
· Wayside Pit or Quarry
· Winery
24.3 ZONE PROVISIONS
Minimum lot area 0.4 ha (1 ac)
Minimum lot frontage 61 m (200 ft)
Minimum front yard 7.5 m (24.6 ft)
Minimum interior side yard 6 m (19.7 ft); 12 m (39.4 ft) abutting any residential zone.
Minimum exterior side yard 7.5 m (24.6 ft)
Minimum rear yard 7.5 m (24.6 ft)
Maximum lot coverage 30% for the main building
No Agricultural Commercial use, including outdoor storage and display
Setback from residential uses areas shall be located within 60 m (197 ft) of a residence on an adjacent
lot.
Maximum gross floor area of the main building shall not exceed 250 sq
Maximum gross floor area
meters.
24.4 ACCESSORY RESIDENTIAL USES
A single detached residential use in compliance with the following:
a) Subject to the yard setbacks of Section 7.2.2 of this By-law
b)
c) Building Height, Maximum 10.5 m (34.5 ft)
d)
e) Floor Area, Minimum 102.2 m2 (1,100 ft2)
24.5 MINIMUM DISTANCE SEPARATION REQUIREMENTS
The minimum distance separation requirements MDS 1 and MDS II of Section 5 .19 shall
apply to all permitted uses within the Zone.
24.6 SPECIAL PROVISIONS
DRAFT July 2009 91
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
M3-7-2003 C6-5 7-2003 Pt Lt 1, Con 24 (Amabel) MAP 27
· Permitted uses limited to:
o Marine Upholstery repair and boat storage
o Accessory uses and structures
· Zone Provisions:
o All zone provisions for the C6-Rural Industrial zone.
M3-60-2004 1021 Bruce Road 9; Pt Lt 15, Con 8 EBR (Albemarle) Carter MAP 34
· Permitted uses shall be limited to:
o Marina
· Minimum front yard setback shall for buildings, structures, parking, loading and outside
storage areas shall be 30 m (100 ft).
M3-19-1995 C5-19-95 Lt 20, Con 10 Amabel MAP 15
· Permitted uses limited to:
· The production, retail and display of nursery products, including such items as
plants, fertilizer tools and:
· The sale, repair and servicing of snow machines and products accessory thereto;
M3-42-1996 C5-42-96 Lot 1, Con18 (Amabel) MAP 25
· Permitted uses limited to:
o Residential Uses an accessory detached dwelling units subject to Section 6.24
o Non-residential uses establishment for the repair and service of marine equipment and
recreational vehicles not including any retail or wholesale sales of these items.
· Provisions:
o Minimum front yard setback shall be 20 m (66 ft).
o All storage shall be to the rear of the commercial building only.
M3-42-1989 M1-42-89 Pt Lt 4, Con 20 (Amabel) MAP 25
· Permitted uses shall be limited to the following:
o Establishment for the fabrication, repair and servicing of agricultural implements and
equipment.
o Industrial uses including only, machine shops, welding shops and wood fabricating
operations.
o Builders or contractors yard.
o The servicing, repair, sale and storage of motorized snow and marine vehicles.
o Sewage disposal system.
o Buildings, structures and uses accessory to a permitted use.
M3-8-2005 M1-54-92, 10-2002, 8-2005 Pt Lt 13, Con 12 (Amabel) MAP 16
· Permitted uses shall be limited to:
o Woodworking, sawmill, retail and display of the wood products produced on site.
o Auction Facility
· Minimum front yard setback for buildings and structures, parking, loading and outside
storage areas shall be 12 m (40 ft).
M3-49-1999 C5-49-99 Pt Lt 20, Con 8 (Amabel) MAP 15
DRAFT July 2009 92
· Permitted commercial uses shall be limited to:
o A nursery garden involving the growing and sale of nursery and plant products, as well as
associated retail sales.
M3-89-2006 610 Bruce Road 8 and 1136 Sideroad 15, of Part Lot 15, Concession 10, (Amabel)
Arnold MAP 15
· Residential uses:
o A detached accessory dwelling if in combination with a permitted non-residential use and
occupied as a place of residence by the individual operating the permitted non-residential
use.
· Non Residential uses:
o A general store and/or retail store is permitted within the existing church structure.
· There shall be no advertising other than a plate or facia sign which is not flashing and not
larger than 0.2 square metres (2.1 square feet) in area, and attached to the main building
or otherwise located in accordance with an approved municipal sign by-law.
· Parking shall be established in accordance with Section 6.17 Off-Street Parking
Regulations.
· There is no external storage of goods or materials.
DRAFT July 2009 93
SECTION 25 INSTITUTIONAL ZONE I
25.1 SCOPE
No uses are permitted on lands zoned Institutional I unless expressly permitted by this Bylaw.
25.2 PERMITTED USES
· Institutional uses
· Medical Clinic
· Day Nursery
· Home for the Aged
· Rest Home
· Hospital
· Nursing Home
· Places of Worship
· An accessory dwelling unit or detached dwelling in conjunction with a Place of Worship
and used as a residence by the minister, rabbi, priest or other religious head of the Place
of Worship congregation in accordance with Section 6.5 or Section 6.4 whichever is
applicable
· Cemetery and crematorium
· School
· Dormitory in conjunction with an educational facility
· Public Buildings
· Private Clubs
· Post office
· Museum
· Public use
· Library
· Police or fire stations
· Recycling depot
25.3 ZONE PROVISIONS
Private Services Municipal Services
Minimum lot area 0.4 ha (1 ac) 615 m (6620 ft2)
2
Minimum lot frontage 30 m (98.4ft) 20 m (65.6 ft)
Minimum front yard 7.5 m (24.6 ft) 7.5 m (24.6 ft)
½ (half) the Building height; where ½ (half) the Building height; where
½ (half) the building height is less ½ (half) the building height is less
Minimum interior side yard than 3 m (9.8 ft), the minimum than 3 m (9.8 ft), the minimum
interior side yard shall be 3 m (9.8 interior side yard shall be 3 m (9.8
ft) ft)
Minimum exterior side yard 7.5 m (24.6 ft) 7.5 m (24.6 ft)
Minimum rear yard 7.5 m (24.6 ft) 7.5 m (24.6 ft)
Maximum lot coverage 10% 40%
25.4 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
I-2304 I-2304 Pt Lt 6, Con 23 (Amabel) MAP 25
DRAFT July 2009 94
· Minimum rear yard shall be 5 m (16 ft).
· Permitted uses shall be limited to:
o A fish hatchery.
o Indoor gun range.
I-39-2004 Pt Lt 25, Con D & Lts 103 to 107, Plan 517 (Amabel) Brethren 39-2004 MAP 9
· The minimum rear setback shall be 20 meters (66 ft). (note: to protect dunes at the rear
of the property).
I-32-2009 491 Brown St; Pt Lot 17 DIV 5 Brown E/S RP; 3R2445 Part 3, (Wiarton),MAP 25
· Permitted used shall be limited to a day nursery.
· The minimum side yard on the south side shall be reduced from 10 m (32.8ft) to
2.77 m (9.1 ft) (west) and 3.0 m (9.8 ft) (east).
· The minimum side yard on the north side shall be reduced from 10 m (32.8ft) to 0
m (0 ft).
· The minimum front yard setback shall be reduced from 7.5 m (24.6ft) to 6.4 m
(21ft) on the north corner and 6.7 m (22 ft) on the south corner oft the building.
DRAFT July 2009 95
SECTION 26 OPEN SPACE ZONE OS
26.1 SCOPE
No uses are permitted on lands zoned Open Space Zone unless expressly permitted by this
Bylaw.
26.2 PERMITTED USES
· Conservation Areas
· Conservation Uses
· Golf Course
· Golf Driving Range
· Forestry
· Passive Recreation
· Parks
· Parking Lots
· Recreational Trails
· Existing Agricultural Uses
26.3 ZONE PROVISIONS
Minimum lot area None
Minimum lot frontage None
Minimum front yard 7.5 m (24.6 ft)
Minimum interior side yard 3 m (10 ft); 9.2 m (30.2 ft) where an OS Zone abuts any residential zone.
Minimum exterior side yard 7.5 m (24.6 ft)
Minimum rear yard 7.5 m (24.6 ft)
Maximum lot coverage 40% for buildings only
26.4 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
OS OPEN SPACE ZONE
OS-17-1992 Block 39 & 40, Plan M 110 (Amabel) MAP 15
· The permitted use within the Open Space (OS-17-92) zone shall be private parking,
docking and picnic facilities owned and maintained by a private organization. No
structures whatsoever shall be permitted save for the aforementioned.
· PRIVATE refers for the purpose of this by-law to the property owners of lands within
Registered Plan M-110 and shareholders of the Corporation being the Golden Pond
Ratepayers Association Incorporated.
OS-28-1993 Block 35, Plan M 110 (Amabel) Gould Lake MAP 15
· Notwithstanding the provisions of Section 31.1, those lands described as Block 35, Plan
M-110, in the former Township of Amabel and zoned OS-28-93 shall be subject to the
following special provisions:
o PASSIVE PARKLAND is defined as an area of land, owned and maintained by a private
association, unoccupied by any private or public buildings or structures. `Structure' shall
be defined in this by-law. These lands may be utilized as private play area, private picnic
DRAFT July 2009 96
area, area for erosion control, natural vegetation area and shoreline protection area. This
area is not intended to be used for private or public sewage disposal systems, water
supplies and/or accessory structures. No fill or excavation works shall occur.
o SHORELINE PROTECTION is defined as an area comprising 8.0 m in width starting at
the high water mark, which maintains an environmental buffer, erosion control area and
visual screen of natural trees and vegetation.
o PRIVATE refers for the purpose of this by-law to the property owners of lands within
Registered Plan M-110 and shareholders of the Corporation being the Golden Pond
Ratepayers Association Incorporated.
OS-72-1995a OS- a and b -72-95 Lt 21 & 22, Con C (Amabel) 22-96 MAP 10
· On lands zoned OS-a-72-95 only the following uses shall be permitted:
o Passive parks, conservation areas, picnic areas, historic sites
o Communal water and sewage services and private access right-of-ways
o An approved sewage disposal system and appurtenances, in accordance with Ministry of
the Environment and Energy regulations.
OS-72-1995b OS- a and b -72-95 Lt 21 & 22, Con C (Amabel) 22-96 MAP 10
· On lands zoned as OS-b-72-95 only the following uses shall be permitted:
· An open storage area and / or parking area
· A maintenance building
· Outdoor recreation facilities
· Accessory building and uses
· Parks, conservation areas, picnic areas, historic areas
· Golf courses
· In areas zoned OS-a-72-95 and OS-b-72-95 the following provisions apply to the
erection, alteration or use of any buildings or structures:
o Maximum height shall be 5 m (16 ft).
o Minimum buffer setback from any property line shall be 20 m (66 ft).
o All lands zoned OS-a-72-92 and OS-b-72-95 are no subject to the provisions of Section
11.4 of By-law 1990.
OS-7-1998 OS1-a 7-98 Lt 4-6, Plan 248 Hepworth Tim Horton MAP 28
· In addition to the uses permitted in the zone, a tile bed serving a commercial business
shall be a permitted use.
OS-6-1992 OS- a 6-92 Lt 31 & 32, Con 2 SCD (Amabel) Hepworth MAP 28
· Additional permitted uses (permitted uses limited to:):
o A golf course
o GOLF COURSE means a public or private area operated for the purposed of playing golf
and may include a club house, restaurant, driving range and miniature golf course if
located on the same property and forms an accessory use.
· Fencing a fence having a minimum height of 4 feet and with a least one strand of
barbed wire at the top of the said fence shall be erected on the boundaries of the golf
course facility.
· Planting area where a golf course abuts a residential use, planting areas shall be
provided in accordance with Section 6.16 of By-law 10-88.
· Additional Setbacks in addition to the setbacks required by this by-law, all greens shall
be set back minimum of 65 feet from Provincial Highway No 6.
DRAFT July 2009 97
SECTION 27 FUTURE DEVELOPMENT ZONE FD
27.1 SCOPE
No uses are permitted on lands zoned Future Development Zone FD unless expressly permitted
by this Bylaw.
27.2 PERMITTED USES
· Agricultural uses excepting no new buildings, structures or expansions to existing uses,
buildings and structures.
· Existing uses
· Home occupations
· Accessory uses, buildings and structures in accordance with Section 6.1
27.3 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
FD-a PD-a Various locations throughout Wiarton MAP 29 & 30
· The construction of detached dwellings and accessory structures on existing lots of
record shall with private septic and municipal water in accordance with the provisions of
the R1-a zone
FD-64-2006 PD-e 20 Elm Street, Range 2 Part PT Lot 1, Wiarton
· A licensed dog kennel is permitted.
· The number of dogs (including puppies) permitted at any one time shall be limited to a
maximum of 15.
FD-17-1995 PD-17-95, 2, 4, 5 Sunny Cresc and , 90, 92, 94, 102, 104, 106, 108, 130
Sunnyview Dr Pt Lt 18, Con 1 Sunset Camp (Amabel) MAP 11
· Permitted uses shall be limited to:
o One trailer per site to a maximum of 11 trailers on the entire property, where more than
one trailer exists as of the date of passing of this bylaw it may remain but not be
replaced.
o One mobile home as existing as of the date of passing of this bylaw
o One accessory storage building per site
o One unenclosed sundeck structure per site
o Public non-habitable buildings and/or structures designed for the purpose of erosion
control
o Communal sewage disposal system
· Definitions
o "Accessory storage building" is defined, for the purposes of this bylaw, as an
impermanent building or structure, having a maximum square footage floor area of 10 m2,
which is subordinate or incidental to the main use, is located on the same site as the
main use and is not used or intended to be used for the purposes of human habitation;
save and except for one communal solid waste disposal container which is located on
communal lands.
o "Sundeck structure" is defined, for the purposes of this bylaw, as an unenclosed
structure, also known as a porch, deck or patio, having a maximum square footage floor
area of 18.5 m2 or 50% of the floor area of the trailer, whichever is the lesser.
DRAFT July 2009 98
o "Site" is defined, for the purposes of this bylaw, as a minimum 464.5 m2 (5,000 ft2) area
devoted to the private use by an individual shareholder, or their family, in the Sunset
Camp Association.
o "Trailer" is defined, for the purposes of this bylaw, as an object designed for impermanent
accommodation, intended and designed exclusively for travel, recreation and vacation.
The 'trailer' is not fixed to the ground and is capable of being drawn or propelled by a
licensed motor vehicle. These shall include tent trailers and other similar transportable
accommodation units but does not include a mobile home or other manufactured
structures (ie. Park model trailers).
o "Unenclosed structure " is defined, for the purposes of this bylaw, as a structure having a
base or floor only and railings, pilasters, posts and stairs in keeping with the Ontario
Building Code but not having any roof, ceiling or walls.
· Zone Provisions
o Minimum setback from the crest of the slope for all trailers or parts or attachments thereto
shall be 7.0 m.
o Minimum setback from the crest of the slope for all accessory structures or parts or
attachments thereto shall be 15.0 m.
FD-55-2002 PD-a 55-2002 112 Sunnyview Dr Pt Lt 18 Con 1 (Pt 8, RP 3R 2803) (Amabel) MAP 11
· Rear yard setback shall be 6 m (20 ft).
· Rear yard to be a no site alteration area.
· Lot shall be exempt from requirements of Section 6.5 (Frontage on a Public Street).
· Permitted uses shall include: garage to be permitted in its existing location on the date of
passing of this by-law.
· No Site Alteration means an area of land where no buildings or structures are permitted.
It also means that the existing vegetation shall not be removed in the designated area.
FD-27-2003 PD-a 27-2003 140 Sunnyview Dr Pt Lt 18 Con 1 (Amabel) MAP 11
· All buildings and structures must be setback form the high water mark of Chesley Lake at
least 15.24 m (50 ft)
· Exempt from Section 6.5 Frontage on a Public Street.
DRAFT July 2009 99
SECTION 28 ENVIRONMENTAL HAZARD ZONE EH
28.1 SCOPE
No uses are permitted on lands zoned Environmental Hazard Zone EH unless expressly
permitted by this Bylaw.
28.2 PERMITTED USES
· Conservation
· Forest Management
· Fish and wildlife management
· Flood control
· Erosion Control
· Public Park areas but not including buildings or structures
· Recreational Trails
· Existing Agricultural Uses
28.3 ZONE PROVISIONS
Minimum 30 m (98.4 ft) setback from highwater mark or top-of-bank, whichever is greater.
28.4 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
EH-29-2003 EP-a (29-2003) Pt Lt 24, Con C (Amabel) MAP 9
· The permitted uses shall be limited to:
o Golf Course
· Accessory structures and buildings as existed on the date of passing of this by-law.
· Only building or structures necessary for the purpose of flood control and/or erosion
control shall be permitted.
EH-18-1998 EP-18-98 Lt 37, Con D (Amabel) (see R4-18-98) SITE PLAN ATTACHED MAP 7
· The permitted uses shall include one dwelling unit and accessory uses subject to the
provisions of the R2 zone.
· The permitted setbacks shall be the building location envelopes established on Schedule
B attached hereto and forming part of this by-law.
DRAFT July 2009 100
SECTION 29 ENVIRONMENTAL PROTECTION - SIGNIFICANT AREAS ZONE EP1
29.1 SCOPE
No uses are permitted on lands zoned Natural Environment Significant Areas Zone NE1 unless
expressly permitted by this Bylaw.
The EP1 zone applies to lands designated as Environmental Significant Areas in the Town of
South Bruce Peninsula Official Plan.
29.2 PERMITTED USES
· Conservation
· Forest Management
· Fish and Wildlife Management
· Flood Control
· Erosion Control
· Passive recreation
· Public Park areas but not including buildings or structures
· Parking area
· Existing Agricultural Uses
· RESIDENTIAL USES
· Existing uses, buildings and structures, The enlargement or expansion of a dwelling
existing at the date of passing of this By-law
· The replacement or upgrading of a dwelling existing at the date of passing of this By-law
· The erection of dwelling on a vacant lot existing at the date of passing of this By-law
provided the lot has frontage on a municipal public road.
· Structures accessory to an existing residential dwelling, permitted as of the date of
passing of this By-law.
29.3 ZONE PROVISIONS
Within any NE 1 Zone, no land shall be used and no new building or new structure shall be
constructed, altered or used except in accordance with the following regulations:
a) Maintenance of existing driveways within the natural environment shall be permitted. New
driveways and improvements will require prior written approval from the Conservation
Authority having jurisdiction in the area.
b) Buildings accessory to a Conservation, Passive Recreation or Park use shall meet front,
rear and side yard requirements of the Agricultural Zone.
c) Related Natural Environment Setbacks are contained within the applicable regulations of
Section 5-General Provisions of this By-law.
29.4 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
DRAFT July 2009 101
SECTION 30 ENVIRONMENTAL PROTECTION - WETLAND AREAS ZONE EP 2
30.1 SCOPE
No uses are permitted on lands zoned Natural Environment Wetland Areas Zone NE2 unless
expressly permitted by this Bylaw.
The EP1 zone applies to lands designated as Environmental Wetland Areas in the Town of
South Bruce Peninsula Official Plan.
30.2 PERMITTED USES
· Conservation
· Fish and Wildlife Management
· Flood Control
· Erosion Control
· Municipal drains
· Passive recreation
· Existing uses, buildings and structures.
· Structures accessory to an existing residential dwelling, permitted as of the date of
passing of this By-law.
· Existing Agricultural Uses
30.3 ZONE PROVISIONS
Within any NE 2 Zone, no land shall be used and no new building or new structure shall be
constructed, altered or used except in accordance with the following regulations:
a) No alteration or disturbance to watercourses or to municipal drains associated with open
watercourses will be permitted without the prior written approval of the Conservation
Authority having jurisdiction in the area.
b) Maintenance of existing driveways within the natural environment shall be permitted. New
driveways and improvements will require prior written approval from the Conservation
Authority having jurisdiction in the area.
c) Buildings accessory to a Conservation, Passive Recreation or Park use shall meet front,
rear and side yard requirements of the Agricultural Zone.
d) Related Natural Environment Setbacks are contained within the applicable regulations of
Section 6-General Provisions of this By-law.
30.4 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
DRAFT July 2009 102
SECTION 31 MUNICIPAL INFRASTRUCTURE SERVICES ZONE MIS
31.1 SCOPE
No uses are permitted on lands zoned Municipal Services Infrastructure Services Zone MIS
unless expressly permitted by this Bylaw.
31.2 PERMITTED USES
· Waste disposal site
· Accessory building for administration and storage of equipment
· Uses permitted in the OS Zone save and except for any buildings or structures
· Municipal or provincial water treatment plant or pumping station
· Municipal or provincial sewage treatment plant or pumping station
· Recycling plant
· Way side pit
31.3 ZONE PROVISIONS
Minimum lot area 4 hectares (9.8 acres)
Minimum lot frontage 20 m (65.6 ft.)
Maximum lot coverage 1%
Minimum setback from any lot line for all buildings or structures 15 m (49 ft.)
Maximum building height 10 m (32.8 ft.)
Minimum setback (dumping or disposal or waste material) from lot line) 30 m (98ft)
31.4 SPECIAL PROVISIONS
Note: The Special Provisions section contains provisions that apply only to specific lands, and
that represent a site specific change from stated zone provisions.
DRAFT July 2009 103
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